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HomeMy WebLinkAboutCC May 4, 1976 CITY 01 ANDOVER ¡ REGULAR CITY COUNCIL MEETING - MAY 4, 1976 AGENDA 1. Call To Order _ 7:30 P. M. 2. Agenda Approval 3. Approval of Minutes a. April 20, 22, 28, 1976 4. Public Hearings _ 8:00 P. M. a. Information Hearing - MSAH (Prairie Road) 5. Petitions, Requests, and Communications a. Extension of preliminary Plat - Ogema Estates I b. Cigarette License - Nemeth's Grocery c. Special Use Permit (Kennel) - Joel Huttner 6. Ordinances and Resolutions a. Street Opening Ordinance b. On-Site Sewage Disposal Systems Ordinance c. Sewer Districts Resolution 7. Reports of Officers, Boards & Committees a. Engineers Report 1) MSAH Standard s 2) Flood Insurance Program 8. Business 9. Business lO. 11. djournment CITY 01 ANDOVER REGULAR CITY COUNCIL IIEETING - MAY 4, 1976 HINlITES The Regular Bi-Monthly ~Ieeting of the Andover City Council was called to order by Mayor Richard J. Schneider on Hay 4, 1976, 7:30 p.m., at the Andover City Hall, 1685 Crosstown; Boulevard N.W., Anoka, ~ünnesota. Councilpersonspresent: Rither, VanderLaan, Windschitl, Holasek (arrived late) Councilpersons ' absent: None Also Present: City Attorney, William G. Hawkins; City Engineer, D. R. Kasma; Platming and Zoning Commission ~lember, Ken Orttel; City Clerk, P. K. Lindquist; and approximately 35 residents - the majority of which represented 11SAH (Prairie Road) Agenda Approval I.OTION BY Windschitl, seconded by VanderLaan, to approve the published agenda with the following changes: Add.... . 5d. Slinkman Request to ~bve Garage 5e. Public Water Sf. Lot Size - 167th Lane 6d. Building Inspector Resolution 8a. Question of Hiring Building Inspector 8b. Lot in Green Acres - Extension of Heather Street Delete.... 1 3. April 22 and 28, 1976 lünutes MOTION carried~unanimouslY. Councilperson Holasek arrived after this motion. Approval of HiJutes - April 20, 1976 Page 2, p4. ., Motion did not carry unanimously, Hayor Schneider stated present p7.'.. Money refunded due to the fact that he was misinformed. Page 3, p5 Spelling: disease ..... Hayo and Bankey Include the follmving in this paragraph: City Attorney instructed the City Council that the City catmot expend funds on private property, therefore, the City cannot pay for the removal as requested by Mr. Jowarski. Page 4, p2. .. Final Plans instead of Class p4. .. Hearing on Prairie Road --- from Crosst= to County Road 16 and to Bunker Lake Boulevard. ~lotlon on J{oads by Holasek --- there was a tie vote, motion denied. p3 Proposed municipal highways ---there is not a standard right-of-way width. Page 5, pI Comprehensive Storm Sewer Plan will be discussed at the next meetln? --- no contract IS beIng sIgned. Should specIfy 166th Avenue. Regular Council ~ eeting - Hay 4, 1976 Minutes - Page 2 Page 3, Third ~Iotion... Councilperson Windschitl feels wording is incorrect, Patricia Lindquist will research the tape. Minutes will not be approved until the tape is researched. PUBLIC HEARING - ~1SAH (Prairie Road) City Engineer Kasma explained the proposed road program that will try to set up a good State Aid System that will benefit the City of Andover. State Aid for bridges is now in a hold position, but when it is established, will be on a first come, first served bases. ,Yearly process of proposed road project was reviel~ed. Preliminary platming and designing costs can be charged back and will eventually gO back into the general fund. ' I The following ~itizens comments as shown: (Staff responses are indicated in parentheses) Bob Nehring, Prairie Road - Are there some reasons why it has to be a highway and , possibly not a rural road, may be objection to 60 foot width N),i".), which may take part of front yards. (No problem getting '.;1>1.. additional right-of-way from field instead of yard area. ~~ere there is nice home on each side it would be split.) , Any possibility of having a straight road by follol~ing the I section line. (Looked at possibility but it would be ! extremely costly because of 1mv area.) Dave Jack , 14826 Butternut Street - Had preyioushearings, feelings have been made I known, and council défÍ"ayèd' action. There are plans for future development l~hich will create a good deal more traffic and is all for continuing with the development of Prairie Road so they will keep ahead of the traffic in some areas. 1 Ron sml'b. 14'1' b\<,,,.., - Dofini',ly ,,01 ",,",din, of ",i,i, Rood. 'hough' ",",po would follow straight through and that this would be a primary road through the City. (That is a County project.) Any chance of having a traffic light put in at the railroad crossing on Bunker Lake Boulevard. (Feels one would probably be put in in the future, possibly after a traffic count was J taken.) Shirley Rydh, rairie Road - 1rill it be elevated to the height of Andover Road. (State Aid standards require the first 50 feet be a 2% grade so we would have to elevate.) When Andover was resurfaced they raised it so much they made our land low and if they do this again on Prairie road we will have nothing left hut a small parcel of low land. (Procedure; get certified appraiser, independent of the City, he meets with property owners, property O~TIer has opportunity to tell him if he feels he is being damaged and also has the right to hire his own appraiser if he does not feel City hired appraiser is being fair.) Regular Council Meeting - ~Iay 4, 1976 Hinutes - Page 3 Lila Spencer, 'corner of Prairie and Andover - Building are close to the road, when this comes through will they move our buildings over, hOlv close can they be. (Try to work with the people, if necessary a bend could be put in the road.) , Hayor Schneider had a call from Doug Steel, Prairie Road and 140th Lane who wants to go on record that he is opposed to the whole project. Gordon Nordeen, Prairie Road - I do hauling on that road and was wondering what the weight limit would be. (Nine ton year round.) mTION by VanderLaan, seconded by Rither, that the Public Hearing on 'ISAII (Prairie Road) be closed. ~btion carried unanimously. Extension of Preliminary Plat - Ogema Estates Ron Smith, of Smith and Anderson, in process of torreneing property at this time and has heard about possibility of going to 10 acre plots. Developing would have begun except for this problem with the title. Lengthy discussion was held on the Comprehensive Development Plim, which includes 10 acres plots, and effect this would have on the developer who purchased property Ivith the understanding that he could develop on 2-1/2 acre plots. ~OTION by Rith~r, seconded by VanderLaan, Irhereas, the City of Andover has conducted a hearing for the purpose of considering an amendment to the Comprehensive Development Plan and, whereas, the City of Andover is empowered to adopt an interim ordinance applicable to all or part of this jurisdiction for the purpose of protecting the p1atming, process, and the health, safety and welfare of its citizens, now, therefore, be it resolvedj that the City of Andover City Council hereby, directs the Platming and Zoning commiss~on to develop an interim ordinance to regulate, restrict, or prohibit any use or dev lopment within the City of Andover for a period of time not to exceed one year from the date the ordinance is created, be it further resolved that the Planning and Zoning Commission be empowered to conduct said hearings in accordance with applicabld State La\~ and that the Planning and Zoning Commission confer Ivith the City Attorney and the City Platmer as necessary to promulgate the aforementioned interim ordinance. (Language was takon from Ibuse File 1530, Section 21 Subdivision 4) ~btion carried fnanimouslY. Request was made that notice of this public hearing be sent to H. Itman, 2025 Virginia Avenue South, Hitmeapolis, /IN 55426. Cigarette Licenbe - Nemeth's Grocery ~DTION by Rithe~, seconded by VanderLaan, that the cigarette license for Nemeth's , Grocery be apprrved. Vote: Yes; Irindschitl, VanderLaan, Rither, Schneider; No, Holasek ~btion carried.] I i , , Regular Council Heeting - May 4, 1976 ~ünutes - Page 4 Special Use Permit (Ketme1) - Joel Huttner At present Mr.i Huttner has ketmel with four dogs, has secured signatures from neighbors that they do not object to his kennel. It was pointed out that if this area is rezoned, this would become a nonconforming ~ and if he should discontinue use of the ketme1,i this license would not be rei e. Area in question is now zoned R-l, minimum lot size 2-1/2 acresj hmvever, they are substantially smaller so this area may be rezoned R-3 or R-4. All special use permits run for one year and all conditions of the permit could be put on the permit when issued. ~fJTroN by Windschitl, seconded by Holasek, that approval of special use permit for Hr. Huttner for Dog Kennel License Commission No. 4-76-1 and for the reasons given in the Planning and Zoning Commission recommendation. ~btion carried unanimously. Slinkman Request to Hove Garage City Building Inspector Thurston reported to the City Council that the garage does meet the City Code, but it does need paint at this time. Certificate of proof of insurance was presented to Hayor Schneider, which will become part of this record. ~fJTION by Rither, seconded by Windschit1, to approve request granting permission to Hr. Robert Slinkman, based upon the Building Official and Planning and Zoning Commission's review, to move a garage onto the property at 16765 Valley Drive N.W. and that the provisions of House ~bving Ordinance No. 4 that covers security require- ments, bonding and cash deposits, be waived inasmuch as the structure will not be moved over City streets and that the applicant Hr. Slinkman be required to supply the City with all copies of permits and bonding requirements that he submitted to Anoka County. , , ~btion carried unanimously. . I Public Water - Duplex i Ordinance states that duplex cannot be built without first having City Water and Sewer. This was drafted at a time l~hen it was contemplated that both water and sewer would be put in at the same time, however, it does not appear that City water will be put in for quite some time. Lengthy discussion on different definitions on different Ordinances which pertain to this situation. I ~fJTroN by Windschitl, seconded by Holasek, recommending that we refer this to the PlannIng and Zoning Commission for their recommendations on changes to Ordinance 8 and Ordinance 10 relating to the question of public water. Motion carried banimOUS1Y. Lot Size - 167th Lane Persons attemptlng at this time to start building a home cannot do so until title to the land is cleared and recorded. There are persons waiting to get this matter cleared, who have contractor and proposed construction start date. If they are forced to wait, prices will go up. All of these lots were to have been recorded before Ordinance 10 was adopted but, it was discovered that they were not. Attorney Hawkins Regular Council Meeting - Hay 4, 1976 ~ünutes - Page 5 feels in view of what has transpired, there is no alternative but to issue variance to Ordinance 10. ~mION by Holasek, seconded by Schneider, that the question of this variance be referred to the Planning and Zoning Commission for their recommendations. This variance shall cover, all lots which may be affected. I ~ ~btion carried unanimously. ~mION by VanderLann, seconded by Rither, that the City Council meet for a Special CIty Council Meeting on May 13, 1976, Thursday, at 7:30 p.m. to handle the following items : Street Opening Ordinance, City Sewage Disposal Systems Ordinance, Flood Insurance program, and Variance request from property owner, on 167th and 168th Lane. Motion carried unanimously. Break at 10:35 p.m. Sewer Districts Resolution Engineer Kasma explained that the City is divided into two sewer service areas, Round Lake Boulevard being service area No.3, and the west and east service area No.2, splitting the urban area. §~charge collection boundary areas should be changed to conform with the urban areaS" have adopted which will require a public hearing. This can be handled by a resolution to the Metro Waste Control Commission. ~OTION by Rither, seconded by Holasek, that the City Council direct the staff to prepare a resolution requesting that service availability charges will only be subject to collection in the Metro Urban Service Area, Area No. 2 as defined by the Metropolitan Waste Control Commission and adopted by the Adnover City Council. ~btion carried unanimously. MSAH Standard ~mIœ~ by Windschitl, seconded by VanderLaan, to adopt MSAH Standards as prepared by TKDA, Drawing dated December 22, 1975, Drawing No.4 detailing the urban and rural HSAlI Standards.i ~btion carried ~animOUSlY' Hiring of Building Inspector Building Inspec~or r~r.aöo",~otified City Clerk Lindquist and City Building Inspector Thurston what he felt his starting salary should be (regular six month probationary period), $12,510' , )TjON by Ri'he[, ,oooodod by Nlodöchl", '"" wo of;",' ,he "",'"' ,"laC' '0 "" it will compute to $12,500 per year, with the same terms that had been specified previously. Vote: Yesj l~indschit1, VanderLaan, Ritherj No, Holasek (as he did not have chance to research), Schneider. Motion carried.' i Regular Council ~reeting - ~Iay 4, 1976 Hinutes - Pag~ 6 ~OTION by Irindschitl, seconded by VanderLaan, to table Item 8b. Lot- r.reen Acres, untIl ~my 13, 1976, meeting. ~btion carried unanimously. ~[)TION by VanderLaan, seconded by Ri ther, to approve payment of claims covering check numbers 672 through 698 in the :!mount of $12,292.78 and on the liL\ Supervised Account, check'numbers 136 through 139 in the amount of $58,905.31. ~btion carried unanimously. i ~[)TION made and seconded to adjourn the meeting at 11:30 p.m. 71lcí.i¿W ¿ Ú~?s ~mrilyn K. Webster Recording Secretary i, , I \ I ~~1V i , ~ \¡; I , , I i . MINUTES - (1 'E RECORDING) - 4/20/76 Item 5a - Slyzuk Special Use Permit Verbatim Excerpt - Councilperson Windschitl "I would move that the question of this mobile home be referred to the Planning and Zoning Commission and be researched there for a method of allowing this type of thing in an agricultural district. " Mayor Schneider IIYou mean amend the ordinance?" Councilperson Windschitl "The motion is such that you have an attorney sayinE it is against the law to do it--all I am saying is that I would like the P &Z to re search it to see if it is something that could be allowed in an agricultural district. II . i "I don't understand either, Jerry, do you mean Councllperson Holasek under our present ordinances or are you suggesting that they review the ordinance and come up with a suggestion for an amendment to them?" Councilperson Windschitl "Yes, to propose an amendment if it is possible. '.' i I Councilperson Holasek "So if it is pos sible to amend it, then I wi II s ec ond the motion. " PKL · MINUTES - (1 'E RECORDING) - 4/20/76 Item 5a - Slyzuk Special Use Permit Verbatim Excerpt - Councilperson Windschitl "I would mOve that the question of this mobile home be referred to the Planning and Zoning Commission and be researched there for a method of allowing this type of thing in an agricultural district. " Mayor Schneider 11You mean amend the ordinance? II Councilperson Windschitl "The motion is such that you have an attorney saying it is against the law to do it--all I am saying is that I would like the P &Z to re search it to see if it is something that could be allowed in an agricultural district. " Councilperson Holasek "I don't understand either, Jerry. do you mean I under our present ordinances or are you suggesting I that they review the ordinance and come up with a suggestion for an amendment to them?" Councilperson Windschitl "Yes, to propose an amendment if it is possible. ,. I Council per son Holasek "So if it is pos sible to amend it, then I will s ec ond the motion. " PKL Claims to be approved May 4, 1976 672 Minn. state Treasurer PERA Employer share retirement 116.37 673 Dept. Of Natural Resorces Dewatering Permit 15.00 674 City of Anoka March fire calls 450.00 675 Anoka County Treasurer Soil maps 6.48 676 Anoka Electric Cooperative March services/SecurityLight 100.54 677 Aqua Engineering Turn on irrigation system 54.25 678 Jean Babcock mileage 1/20 to 4/26 6.60 679 Eabcock,Locher,etc lawyer services 1280.50 680 Blaine Midway All Pets April dog catcher services 352.63 681 Insurance Service Center ins. premiums 1120.00 682 International Personnel Assn. membership 2.50 683 Burton Kraabel Canst April grading 1759.00 684 Patricia K. Lindquist mileage 3/12 to 4/30 26.55 685 Patricia K. Lindquist reimbursement for tuition 41.00 686 Miller/Davis Company dog tags & data binders 51.76 687 Metro Waste Control April SAC charges 5197.50 688 Minnesota Fire Inc. recharge extinguishers 35.00 689 League of ¡1inn. Municipalities Model ordinance 25.00 690 Northwestern Bell Telephone service/Coin phone 135.10 691 Riverside Office Product supplies 68.03 692 Sherman·Salvog refund on dog license 2.00 693 Sangrene Printing envelopes printed 36.00 694 Seven-Up Bottling Co. Soft drinks for vending macho 58.50 , 695 Steven Slyzuk refund special use permit 100.00 I 696 Soderville Hardware Co. hose, etc 10.39 I 697 James Thurston mileage 4/27,28,29 25.20 698 Toltz,King, Duvall, Anderson engineering services 1216.88 12292.78 , CLAIMS - FHA SUPERVISED ACCOUNT No. 136 Austin P. Keller Contract $57,517.21 137 Burton Kraabe1 Cnnst. Grading (Sewer Area) 221.00 138 Peg Board Systems Co. Billing Supplies 252.37 139 Toltz, King, Duvall Engineering Services 914.73 $58,905.31