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HomeMy WebLinkAboutSP May 13, 1976 CITY of ANDOVER SPECIAL CITY COUNCIL MEETING - MAY 13, 1976 AGENDA l. Call To Order - 7:30 P. M. 2. Agenda Approval 3. Approval of Minutes 4. Flood Insurance Program 5. Street Opening Ordinance 6. On-Site Sewage Disposal System Ordinance 7. Street Standards - Engineer 8. Purchase of Lot in Green Acres I 9. Variance on Lot Sizes _ N 1/2 of SW 1/4 of S.9, T.32, R.24 10. Employee Resolutions - Buildin¡¡ Inspector. Assessor, Appraiser a, Clerk/Treasurer - Addihonal Duty Resolution, Repeal Ord. 31 I 11. Decline of Employment _ Dennis Rambow al Replacement for Position 12. SpeJd Signs 13. Plalned Use Report _ Revenue Sharing 14. Adj urnment CITY of ANDOVER SPECIAL CITY COUNCIL ~œETING - HAY 13, 1976 MINlITES The Special City Council Meeting was called to order by Mayor Richard J. Schneider on May 13, 1976, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N. W., Anoka, ~linnesota. Counci¡persons present: Holasek, Rither, VanderLaan, Windschitl Councilpersons absent: None Also present: City Engineer, D. R. Kasma; Planning and Zoning Chairman Ken Orttel, City Clerk, P. K. Lindquist; City Building Inspector, James Thurston; and others Agenda Approval ~UTION by Winds chi tl, seconded by Ri ther, to approve the published agenda \Vi th the following changes: Add: 14. Community Center Use 15. Resolution on County ~ledical Center - Hercy Hospital Move: 3. To the position after No. 15. ¡lotion carried unanimously. Councilperson VanderLaan arrived after this motion. Flood Insurance Engineer Kasma informed the City Council that securing this flood insurance is a relatively simple matter. In the TKIlA letter of March 24, 1976, Page 10 and Page 12 are two resolutions in which our City name can be substituted where the word County is used 'and the resolutions can then be adopted. After this is done a one page application is completed. A copy of the resolutions, the application and a copy of the City Building Code are then sent to the State. I ¡UTION by Windschitl, seconded by Rither, that we adoot the resolution on page 10, 11 and 12 of TKIlA Iletter dated March 24, 1976, and allow the Clerk Treasurer to make the appropriat~hanges. ~Iotion carried ~animOUSlY. Street Opening dinance Engineer Kasma ~xplained that in the copy of the final Ordinance that the City Council received there ~re some changes, as follows: Page 1, Section 1, paragraph A, deleted legal entity and in the second line added municipal in front of street and added, right-of-way. IIn paragraph B on the se'öñf line, Attorney Hawkins added, that the fee for the initial license shall be prorated. After discussion it \Vas determined that the fee would not be prorated 1Utd this addition will be removed. Page 2, remains the same. Page 3, remains the same. Special City Council ~reeting - ~Iay 13, 1976 ~linutes - Page 2 Councilperson lIolasek arrived at this time. Page 4, same change in Section A as was made on Page 1. Item 1, to be revised to conform with the Ordinance. Last sentencc: If the permitee shall fail to remedy such defects aftcr notice, the ¡funicipality may cause the work to be done and shall proceed against the Permittee and/or his license bond to rccover the costs thereot. Pages 5, 6 and'7 remain the same. In the Street Opening Specifications, Page 3, it refers to laying blacktop with a street laying machine. It was felt if area was too small to warrant a machine it could be done in some other manner. Specifications will be changed by adding: by methods approved by the City Engineer. Page 8, Seeding of Roadbeds - Published amount is heavy but felt ncccssary. Jacking and Augering utilities under strects will be required whenever it is possible by adding: as determined by the City Engineer. ¡UTION by Windschitl, seconded by VanderLaan, that the pronosed Street Opcning Ordinance and the corresponding specifications be approved. This Ordinance will be No. 35. , , ~btion carried:unanimouslY, On Site Sewage Disposal System Ordinance I Engineer Kasma'pointed out changes in the Ordinance on page 20,22 and 25. I Page 20 - Maintenance. Scction a., entirely revised. The 90 day period seems unreal- istic. Discussion followed on whether or not it would be feasible to enforce this type of project. TIlis inspection and subsequent enforcement section will be checked by Engineer Ka¡ma, Ivith other cities and villages which havc this type of provision. Page 25, D. Item 1 added - Witll reasonable and proper notification. Page 23, A. 1 -I Aggravated should be a*grleved. Page 25, 4. - Attorney should review t lS paragraph and also the disclaimer paragraph. Page 25, D. 2 -I Attorney should review this paragraph. Page 26, Section 4, A. 4. Licenses - The annual license fee will be change to $20.00. City Building Inspector Thurston would like to see the license expiration date change to another tim~ of year. Discussed possilility of making up and sending out some type of information pamphlct to residents giving them the "dos"and "don'ts" of using a septic sewer system. I \UTION BY Rither, seconded by Windschitl, to direct the staff to gct the answers to the questions the City Council has raised on the various sections, in terms of liability, disclaimer, autiority to enter onto private property to inspect the systems (septic and private water), question of jurisdiction of Minnesota State Health Department, how they cover this type I of program, and have them come back with those answers and that we j,¡st continue this matter until the meeting of July 6, 1976. !,Iotion carried unanimously. Special City Council ¡reeting - ~~y 13, 1976 Minutes - Page, 3 Street Standards Engineer Kasma'reviewed thc proposed street standards, which included the decision that it would not be a requirement that all rural roads be blacktopped. The street standard which was passed in April 24, 1973, was discussed and ~le differences were rcviewed. ' r,üfION by Windschitl, secondcd by Holasek, to approvc the Standard Strcet Sections as defIned in TKDA's plates of December 22, 1975, 1, 2, and 3, with the exception that blacktop surface not be required in the standard rural street section. ¡UTION amendcd by HOlasek, seconded by Windschitl, to read that blacktop not be required in the standard rural street section except where, in thc opinion of the Engineer, it is required. Vote: Amended Motion - Yes; Schneider, 1'Iindschi t1, Holasek; No; VandcrLaan, Ri ther. Vote: lIain Motion - Yes; Schneider, Windschitl, Holasek; No; VanderLaan, Rither. , ¡lotion Carried. Purchase of Lot in Green Acres I Thc City Council has copy of letter fOTI,arding recommendations; people who live on that street do 'not want it extended. Engineer'Kasma feels there \~uld be no needæ this time to bUy a lot just for sewer, only if there was a need for a street in that location. If ~o action is taken on this purchase, the subjcct will be dropped. Variancc on LoJ Sizes - 167th and 168th Lanes Ken Ltttel, stdted that the Planning and Zoning Commission approved the blanket variance on 161th and 168th Lanes as recommended by the City Council and the City Attorney. It I~as detcrmined that the original developer still holds some of the lots if there is any possible recoursc at this time. Considerable discussion followcd on hrn, to procccd :and whether or not this should be a blanket variance. ¡UTION by Vand~rLaan, seconded by Windschitl, that a resolution allowing a Variance from the provision of Section 4.09, Ordinance No-. 8, for a property abutting 167th Lane in an area als9 known as Cliffdale Addition, Legal Description; E 366.7 feet of the W 2,250.2 feet ,of the S 297 feet of the N 957 feet of the SW quarter of Section 9, TOI\TIship 32, Range 24, Anoka County, ~Iinnesota, containing approximately 2-3/4 acres. Whcreas, the TOwn Board of Supervisors, Township of GrOl\1 failed to enforce the provisions of drdinance No.8, Section 4.09 requiring that lots of lcss than 5 acres must be approvdd by the Governing body and, whereas, Building Permits were issued by the TOI\TIship o~ Grow for dwellings along 167th and 168th Lanes, and whereas, it has been brought to the attention of the City Council of the City of Andover, that property OI\TIers do not Jlave marketable titlc to their property, therefore,be it resolved, that the City Counc~l, City of Andover, will grant a variance from Ordinance No.8, Section 4.09, for property described as above. ¡lotion withdral\h. I Special City Council ~~eting - /1ay 13, 1976 }Iinutes - Page 4 ~UTION by VanderLaan, seconded by SCllileider, that a resolution allowing a Variancc from the Provision of Section 4.09, Ordinance No.8 for a property abutting 167th Lane in an area also knOIVll as Cliffdale Addition, Legal Description: E 366.7 feet of the W 2,250.2 feet of the S 297 feet of the N 967 feet of the SW quarter of Section 9, Township 32, Range 24, Anoka County ~linnesota, containing approximately 2-3/4 acres. Whereas, provisions of Ordinance No.8, Section 4.09 were not enforced that lots of less than 5 acres must be approved by the Governing Body and, whereas, Building Permits were issued by the TOlVllship of Grow for dwellings along 167th and 168th Lanes, and, whereas, it lIas bcen brought to the attention of the City Council of the Cityã Andover, that property owners do not have marketable title to their propcrty, therefore, be it resolved, that the City Council of the City of Andover, will grant a variance from Ordinance 8, Section 4.09, for property described above. ~btion carried unanimously. Councilperson VanderLaan proposed that the remainder of this problem be placed on the agenda of the June 1, 1976, Regular Council 'Ieeting, and that the following questions be researched by the staff: ! 1. ~~o,is financially responsible for platting? 2. IŸhat have been our successes or failures on enforcement of Ordinances No. i8 and No. 10 on illegally conveyed lots? 3. IŸhat is the cost of platting? 4. Canlwe insist the original developer be involved financially? 5. IŸhat are the ramifications of the City's expending funds on platting on private property? 6. How'many properties are still retained by the original 01vuer? (Building permits issued, no building; Building permits issued, built on.) Five Minutes Bjeak - 10:10 p.m. Employee Resol tions ~UTION by WindJchitl, seconded by Holasek, to adopt the Building Inspector resolution. ~btion carried\unanimouslY. ~ÐTION by VanderLaan, seconded by Rither to adopt the job description for duties and responsibilities of the Building Assessor. ~btion carried ¡unanimOUSlY. ~UTION by l~indschitl, secondcd by Rither, for adoption of the resolution on the dut1es and responsibilities of the Appraiser. ~btion carried lnanimOUSlY. ~UTION by Winds~hitl, secondcd by Rither, for adoption of the resolution providing the duties and responsibilities required by the Clerical Personnel in the City of Andover. In ~btion carried animously. Special City Council ¡æeting - May 13, 1976 Minutes - Page 5 ¡UTION by Rither, seconded by VanderLaan, to adapt the resolution amending the resolution adopted October 21, 1975, providing for the selection of duties and responsibilities for the office of Clerk Treasurer for the City of Andover. Motion was wi thdrawn by Ri ther . ¡·UTION by VanderLaan, no second, to adopt an Ordinance which will repeal Ordinance No. 31, with the provision that the number be handled by the City Clerk. }btion withdralVTI by VanderLaan. ¡UTION by VanderLaan, seconded by Ri ther, that the City COlU1cil, City of Andover, by Ordinance (number to be determined by the City Clerk), shall repeal Ordinance No. 31 and it shall be noted in this Ordinance that all personnel resolutions and/or Ordinances, and any other Ordinances in "hich the Administrator is addressed, the words City Council shall be substituted. ¡lotion carried'unanimously. },UTION by VanderLaan, seconded by Schneider, that a resolution amending a resolution adopted October 21, 1975, providing for the selection, duties and responsibilities Œ the office of Clerk Treasurer for the City of Andover be adopted. ¡ ~btion carried unanimously. I Decline of Employment - Dennis Rambow I City Council discussed several resumes that they now have in their possession and what action should be taken at this time to try to fill the position of Building Inspector. },UTION by vandJrLaan, seconded by Ri ther, that based on staff recommendation that Donald Nelson be hired as Building Inspector, deputy assessor, and Three Inspector, for the City :¡ Andover at a salary of $5.25 per hour and be classified as a non- exempt employe with a six month probationary period. Vote: Yes; V derLaan, Rither - No; Schneider, Windschitl, lIolasek }Iotion defeatej. ¡UTION by Hola ek, seconded by Schneider, that we interview Building Inspector candJ.dates on ¡lay 20, 1976, at 7:30 p.m. at Andover City Hall, and that the City Council submit IsUggestions as to names right now from the current application list. Vote: Yes; Schneider, Rither, Holasek - No; VanderLaan, Windschitl. ~Iotion carried. Copies of two new applications were submitted by Building Inspector Thurston at this ~;~N by Rithel, seconded by Schneider, to reconsider the previous motion -- if Councllperson lI'indschi t1 has a motion to propose. Vote: Yes; Windschitl, Rither, Schneider, VanderLaan - No; IIolasek. ~Iotion carried. Special City Council Meeting - ¡lay 13, 1976 Hinutes - Page 6 ~UTION by 1~indschitl, seconded by Schneider, to hire ~IT. Nelson at an annualized salary of $9,500 and at the end of a 90 day probationary period, his salary be increased to $10,000 and that he be considered a non-exempt employee, including the job description that was in ¡~ry's motion. It is intended that this motion should supersede previously established salary range for this position. Vote: Yes; J~indschitl, Rither, Schneider, VanderLaan(feels salary appallingly low) No; Holasek. 'lotion carried. Speed Signs On streets where the houses are as close as 100 feet apart, for a stretch of 1/4 mile, the City of Andover can put up 30 mph speed limit signs, however, on roads such as J~ard Lake Drive where there has been no designation, it is now 55 mph. In order to get this changed (reduced) a resolution has to be adopted by the City Council and sent b ¡Jr. BrolVil, State Highway Department, who will have the roads checked and they will tell us what the designation is going to be. ¡mION by 1~indschitl, seconded by ScJmeider, to adopt a resolution, to be prepared by the Clerk Treasurer, requesting that the State I!ighway Department perform a study on l~ard Lake Crive, South Coon Creek Drive, 173rd Avenue and any other streets which the City Staff¡has received complaints on. I ~Iotion carried unanimously. I ¡UTION by Windschitl, seconded by lIolasek, that we adopt a resolution allowing the start to place '30 mph street speed signs where they deem necessary per State La\,. . . d I . ¡Iotlon carrle unanlmously. Planned Use ReJort - Revenue Sharing ¡UTION by Holas~k, seconded by VanderLaan, dlat we designate the Revenue Sharing money for PublÜ:: Safety Votc: Yes; Van~erLaan, Schneider, Holasek; - No; Windschitl, Rithcr(needs additional time to research) Motion carried. Community Center Use Provisions Discussion follbwed on fee to be charged different groups that may wish to use the building. \ ~UTION by vandeíLaan, seconded by Rither, for adoption of the resolution, providing for regulations and following charges for community center auditorium amd/or other building facilities when used by outside clubs and organizations for meetings, open houses and/or classes with the following changes: Eliminate No.5, Kitchen Facilities and Item No. 6 will be restated to include: the $25.00 will consist of a User Fee of $15.00 and refund of $10.00 and that the $50.00 fee will consist of a User Fee of $30.00 with a refund of $20.00. Special City Council 1·lee,,_.lg - ¡lay 13, 1976 ¡linutes - Page 7 Vote: Yes; VanderLaan, Rither, lIolasek, Windschitl - No; Schneider 'lotion carried. Resolution Supporting Mercy Hospital as a Refional Emergency ~ledical Center ~UTION by l~inùschitl, seconded by Holasek, that the Clerk Treasurer prepare a resolution in support of the resolution passed by the County designating ~lercy ¡ledical Center in the City of Coon Rapids as Regional ~ledical Center. Included in this motion should be names of persons resolution should be sent to. Counci1person Rither felt he could not vote intelligently as he has not researched the correspondence and publications. Ilotion withdrawn by Windschitl. mnON by WindSchitl, seconded by lIolasek to adjourn the meeting. 77fat:#.j / ¿¿,ff/-;f:; Marilyn K. Webster Recording Secretary , \r\lJ 1\e J- l.." /11 - ,¡-ß U~~