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HomeMy WebLinkAboutCC July 6, 1977 CITY of ANDOVER cONTnruED CITY COUNCIL !-lEETING - JULY 6, 1977 !1INUTES The Continuation of the Regular Bi-Honthly !Ieeting of the;Andover City Council was ~econvened by !'~yor Jerry Windschitl on July 6, 1977, 7:35 p,m" at the Andover City Hall, 1685 Crosstown Boulevard W3, Anoka, Hinnesota, Councilpersons þresent: Lachinski, HcClure, Orttel, VanderLaan Councilpersons absent: None Also present: City Clerk, P, K, Lindquist Junkyard Licenses The Council discussed at great length the memo of June 2, 1977, from Janes Thurston, Zonin~ Official of Andover, as to which junkyards have and have not applied for 1977 licenses, the conditions existing at each junkyard with regard to the Junkyard Ordinance, and what action should be taken on each by the City, Mayor Windschitl explaind that HT, Thurston recommended that the Council pass a motion that would set a specific time limit by which each of the persons would have to comply with the Ordinance, sending a letter to each with a copy of the Ordinance, If they failed to comply with the Ordinance by that date, we would prosecute in an attempt to bring them into conformance, The Ordinance was passed on November 9, 1971, and was written to stagger the compliance date of the various operating requirements because the Board' felt it would be a hardship for them to do everything at once, There has been no enforcement of this Ordinance, It was determined that the following junkyards have been grandfathered in under Ordinance 8 because they were operating before the Ordinance was enacted; therefore, they do-. not need a Special Use Permit: Harold Wilber, Cecil Heidelberger, Calvin Jellison, William Batson, and Thvight Kline, Robert Pears had special use permits issued on both of his operations.. !m, Lindquist explained that in 1974 most of them applied for licenses, The licenses were issued in error since no checking had been done regarding compliance with the Ordina~ce, From then on nothing has been done about it until 1976 at which time several apl1ied for licenses, but with said licenses held in conveyance pending compliance with the Ordinance, Galen L. Ferria and Gilbert !1enkveld operations - Mayor Windschitl commented the reason Hr, Ferrian's Special Use Permit had been denied was because he had a &roup of things, one requiring a ¡building, Discussion was on whether or not !~, Ferrian was operating with a Special Use Permit, It was determined he does not comply with Ordinance 8; therefore, he c~nnot comply with Ordinance 9 I Letters were WTltten to these people along with copies of the Ordinance about a month ago so they are all aware of what they should be doing, Since that time, several of them have asked Ito meet with the Zoning Official, Mr, Thurston has not yet met with some of them, ~ HOTION by Vander an, Seconded by ITindschitl, that the City Council direct the Building Official to issue letters to Gilbert Henkveld, Southwest corner of Jay Street and Bunker Lake Boulevard, tnd Galen L, Ferrian, 1832 Bunker Lake Boulevard, to inform them that the City Council is requesting cleanup of the operation in that provisions of Ordinance 8 and Ordinance 9 ave not been complied with by those individuals, Discussion: This is not normal procedure; however, !1r, Thurston needs to have some support from the Council on this rhing, The City Council has the authority to enter the premise.s and enforce this Ordinance. Discussion was also on listing the items to be cleaned up and whether or not to include a given time period for them to comply, Continued City Council Meeting July 6, 1977 - Hinutes Pa/še 2 (Junkyard Licenses, Continued) A!ŒND!~!T TO HOTION by Lachinski, Seconded by Orttel, that junk cars,. and so on, must be cleaned up within 30 days because no Special Use Permit has been granted to obtain a junkyard license, Further Discussion: was on what should be cleaned up and that it is not a licensed junkyard, that we are enforcing all provisions of both Ordinances, and we are leaving the exact wording of the letter up to the Building Official, ~rn!~!T RmVORDED by Lachinski to: clean up operations must be completed within 30 days because no Special Use Permit has been granted to obtain a junkyard license, Councilperson Orttel's second still stands, VOTE ON A!{ENrn~!T: YES-Lachinski, Orttel; NO-HcClure, Windschitl, VanderLaan Amendment defeated, A!lE!rn!~!T TO !lOTION by Windschi tl, Seconded by VanderLaan, to insert: cease and clean up the operations immediately, Discussion: Councilperson Lachinski felt that the problem of not giving a time limit means you have to take legal action immediately or the person doing the cleanup doesn't know by when he'd be going to court, -VOTE ON A!Ð?rrDMENT: YES-Orttel, Windschitl, VanderLaan; NO-Lachinski, McClure Amendment carried, !~, Lindquist stated there should be a time limit because if it goes to court, we're playing with words on an interpretation of earliest, A!1RND!lP.!!T TO !lOTrON by Lachinski, Seconded by Orttel, that clean up operations must be completed within 30 days because no Special Use Permit has been granted to obtain a junkyard license. VOTE ON A!·IENDHE1!T: Carried Unanimously, VOTE ON !-IOTION: I Carried Unanimously, Ervin Shernell o~eration - There is an unsafe structure and a mobile home on the premises, and he has been on notice for almost three years, He hasn't gotten a license, and his operation is in violation of several provisions of the Ordinance, , !lOTION by ortteli, Seconded by Lachinski, that the City Council, City of Andover, refer the matter of the Ervin Shernell Junkyard in violation of our Ordinance relating to the operation Ofl that junkyard to the City Attorney for legal action, Motion carried unanimously, Remainin~ Operat rs - ~.ight Kline's operation was grandfathered in and there is correspondence i his file dated back to 1974, He did not comply at that time, He was issued two build ng permits within the last two years which should not have been issued, Hayor Windschitl recommended in an attempt to bring the remaining operations to the same status that a motion be made asking !~, Thurston to v~ite them a letter requesting total compliance with the provisions of Ordinance 9 by a certain date, !lOTrOn by Orttel Seconded by Windschitl, that the City Council, City of Andover, instruct the Bui¡ding Official to direct a letter to Harold Wilber, Cecil Heidelberger, Calvin JelliSOn'bPobert Pears for both of his operations, William Batson, and Dwight Kline and instru t them to bring their operations into compliance with Ordinances 8 and 9 within 30 days and to make immediate application for 1977 junkyard licenses if one has not been applied for, Discussion: The license is not to be issued until the operation complies with the Ordinance, Discussion was also on the 30 days, Councilperson Lachinski Continued City Council Heeting July 6, 1977 - Minutes Page 3 (Junkyard Licenses, Continued) felt that sone operations might have a considerable amount of work to be done that could not be conpleted within 30 days and that 60 days might be a more reasonable length of time in terms of presentinB a case in court. Hs, Lindquest stated these people are aware of the provisions of the Ordinance, the Building Inspector has been there to inform them of violations, and they are aware of what needs to be done, General consensus was that it is tine we should be ta~~ng stronger action, as they have had several years to bring their operations up to compliance, A!~1D!~IT TO HOTTON by LachinsJd, to change the 30 days to 60 days, Hotion dies for lack of a second. Discussion: Ms., Lindquest reviewed the letter Ivritten to some of these operators the beginning of!1arch, 1977, in which they were given 30 days or le~al action would be taken, 1[0 letter was written to Jellison, Pears, and Kline. She did not kn017 which operations !,~, Thurston had inspected, AME!1JJHE11T TO HOTTON by McClure, Seconded by VanderLaan, at the end of this period, infractions of Ordinances 8 and 9 vrill be referred1D. the City Attorney for immediate legal action, Discussion: Councilperson HcClure felt the Council should nonitor this entire situation, VOTE 01[ A!~1DHEHT: Carried unanimously, VOTEON HOTION: Carried unaninously, Culverts Councilperson Lachinsld said the Road Improvement Committee made a motion on this matter to collect all unused culverts to store for future use on maintenance projects, ITe do have a need in the City for these culverts, Ms, Lindquest stated that after talking with }~, I Thurston, !æ, Stockwell, and !1r, Kraabel, they felt the snaller ones were too snaIl to use under roads and would not endorse the City doing it, If the people want to put them under their driveways, that would be all right; but for City use, they fill up vdth sand too quickly creating a maintenance problem, She recommended the City sell the 10-inch and 15-inch culverts, keeping the larger ones for City use, Host of the lO-inch culverts came from the driveways in Green Acres, ImTÌON by orttel,l that the City Council authorize the sale of 10-inch diameter used City culverts at a pr1ce of $1 per foot, Hotion dies for lack of a second, Councilperson Lachirrki felt it ¡might be possible to review this matter again after the Road Improvenent Comnittee had a chance to inventory the roads, No further action was taken on this matter, Zoning DiscussioJ !!ayor ITindschitl ~xPlained that since the noratorium has been lifted, there have been five plats scheduled to be discussed at the Planning arrlZoning Commission meeting already, He felt the diffibultlY we face' is we didn't_do any planning for the moratorium to come off as far as zoning is concerned in the northern rural section where there are some R2 and R3 ZOring of 1 acre and 20,000 square foot zones, Do we want an acre lot up there right now because of the problemsAcreated by lots of that size in an unserviced area? Hayor Vlind~chitl further J'd",\:~:Y:d~d[ that there is nothing 17e can do at this time to prevent any onè from bringing in a plat along the Rum Piver, an R2 area which has 1- acre buildable lots, The Comprehensive Plan states lots shall be 27 acres, but it h~s no power of law--it is only a guideline, a statement of goals and policies of the community substantiated by Ordinances, --- - .continued City Council Heeting July 6, 1977 - IUnutes Page 4 (Zoning Discussion, Continued) Councilperson VanderLaan explained the Planning and Zoning Commission can use only the Harch 11, 1975, action of the City Council as the policy to use in their deliberations in the Ordinance changes, We have to decide whether we want to allow the congestion of development in those areas or not, She suggested as Councilpersons Lachinsk1 and Orttel voted against extending the Interim,. Ordinance, they may want to consider a reinstatement of that Ordinance, It was her opinion that this is the proper way to go with this and to investigate the proper procedure, Council person Lachinslci stated he would not want to consider extending the Interim· Ordinance and felt that any preliminary plat that would come in in that area would not, in his opinion, conform with the intended use of that land, Mayor Windschitl stated there's nothing you can do to stop that plat from being filed, If the developer follows the rules and our standards as far as street construction, etc., the Council has no right to deny the plat, We're dealing in an area up north that is already extremely congested, and anything that is done there on smaller lots right now is going to make more problems, It would be just too expensive to run the sanitary sewer line up there or to build its own system, and there's no way the area could support it, It would probablY end'up coming out of the City's general funds, Councilperson Lachinslci read the statement on land suitability in Ordinance 8, subdivision Dl on page 7, and felt that that section covered the buildability of lots in that northern area as far as the fear of sewer problems in the area. (Towards the end of the meeting, Councilperson VanderLaan explained that Subdivision Dl on Land Suitability pertains to Section 4,33 of Ordinance 8, Shoreland Lots,) Mayor Windschitl and Councilperson VanderLaan felt that this only deals with soil suitability and does not speak of lot size& There have been so many plats approved on that same Ordinance, you wouldn't stand a chance in court on that because all a developer has to prove is past performance under exactly , . the same conditions, Councilperson VanderLaan added that the citizens in the northern area are concerned about the zoning of the area in that they want to preser~e the rural character, ~articularly along the river. and in the northern area where they have been told they will not be receiving sanitary sewer, I Councilperson Discussion continued ~s t~ the ultimate solution of what should be done, Lachinski felt Planning and Zoning should discuss this further and possibly hold a Public Hearing changing I the zoning in that area to Rl, Councilperson VanderLaan felt this would create spot zoning in the City resulting in poor city management and felt that we should ,. be following a Comprehensive Plan which deals with this planning effectively, Council- peron vanderLaantcontinued the simpliest way to do that would be to reinact the Interim Ordinance; and i the Council were willing to do that, we could ask the Attorney for his opinion on wheth~r or not we can do this, the legal procedure, and his interpretation of the land suitability clause referred to by Councilperson Lachinsk1, Hayor Windschitl I said a new Horatdrium Ordinance would have to be enacted because there is no Ordinance to amend or extedd now, Hayor Windschitl \further explained if a City allows, by its Ordinances, a plat to be filed and the developer has a vested right in the property, you cannot then close them , down, The only criteria now to determine an unbuildable lot is if it couldn't meet the , 6-foot requireme~t of water, There have only been one or two lots determined unbuildable in the City forí1:~:~ther than lot sizes because of zoning, In discussing thl redrafting of Ordinance. 8, Us, Lindquest said it is in almost complete form ready to be sent to the Attorney, Councilperson Orttel felt the redrafting of Ordinances 8 and 10 was the ansver. He further stated the redrafting of Ordinance 8 ~as to be done during the Moratorium, which is now over; and he didn't feel we should act as though we're eXDecting that that airport is going to come out here by keeping the land available for them. Councilperson VanderLaan said we are not setting the land aside -- Continued City Council Heeting July 6, 1977 - Hinutes Pap;e 5 (Zoning Discussion, Continued) for the airport, but we are recognizing the fact that one of the items is the possibility of that; furthermore, the best kind of city management is encouraging develop- ment in the south with the larger lot sizes in the north, ~~en we have zoning like this and by allowing plats to come into these arens, we are not encouraging that philosophy, Councilperson Orttel explained that his intent in part in his vote against continuing the moratorium was that Ordinances 8 and 10 be brought before the public at a hearing and enacted, That was the intent of the moratorium when we put it on, and was questioning as to whether or not these things would be done within the moratorium extension, Hayor Windschitl felt that the 6-month extension would have provided time to do all these things that needed to be worked out, and we would have had more information about the airport, He further explained that there's a whole process that must be gone through with rezoning and the mechanics of this should be thought out by Attorney Hawkins before referring it to the Planning and Zoning Commission and to a Public Hearing, Councilperson Lachinski felt one thing the Council has to do is to take a stand on what the lot sizes are going to be there and that a Public Hearing could be held to rezoneP2, R3, and R4 in the northern area to an Rl classification, Councilperson VanderLaan again stated this would create spot zoning and the Interim Ordinance would be the answer, Councilperson Lachinski proposed that open, unplatted R2, P3, and R4 zonings in the rural service area be reconsidered for rezoning into Rl, (There are no R4s involved) lIs. Lindquest asked the possibility of continuing a moratorium only on lots of less than 2+ acres, Attorney lIawkins would have to pursue it, as there are some problems that would have to be resolved, The difference between rezoning through a Public Hearing now or enacting the moratorium to give time for the redrafting of Ordinance 8 covering rezoning ~was discussed. The final result is the same -- a lot size of future development, Hs, Lindquist explained the proposed new Ordinance 8e is using an entirely different zoning method than the present Ordinance and different rules pertaining to the entire northern area, If we rezone those northern areas now, it would have to be rezoned PI, This would mean rezoning it again when the new Ordinance is adopted in a few months, Iresultinl> in two zoning change'" within 3 to 4 months, Councilperson VanderLaan suggested the City Clerk talk with Attorney Hawkins and ask him to advise us on the proper procedure on this situation, Councilperson LachinsICl felt we have a way to rezone and have the Comprehensive Plan to back us up, It should be referred to the ~lanning and Zonin~ Commission for all R2, R3, and R4 in rural service areas to be considered for appropriate rezoning at this time, .. I MOTIO!! by VanderLaan, Seconded by Windschitl, that the City Council direct the Clerk to request Attorney ~awkins to offer an opinion to the City Council as to the proper procedure of dealing with t e problem of allowing plats of R2 and P3 zoning in the rural planning area, l VOTE OIl !·!OTIO!!: ES-HcClure, Orttel, Windschitl, VanderLaan; !!O-LachinslCl Hation carried" Committees !!OTIOif by Lachins Cl, Seconded by Orttel, to approve the following items for the 1977 Budget: Postage ~or Committees in the amount of $400, Zeroxing for Committee", in the amount of 3800; a d other supplies for Committees in the amount of $600, I VOTE ON !!OTION: YES-Lachinski, HcClure, Orttel, Windschitl; NO-VanderLaan !Iotion carried, -- - .- - Continued City Council I-Ieeting July 6, 1977 - Hinutes Page 6 (Committees, Continued) !-IOTIOIT by HcClure, Seconded by Lachinski, that the Council establish the policy on notification by City Hall of Committee meetings as follows: Notification of scheduled meetings will be mailed b~ the Staff at the beginning Of each month, Any rescheduling throughout the mon h will require the Committee Chairman to notify his members, All changes or additions are to be reported to the Clerk p~ior to notification of Committee Hembers, Any committees wishing to be on the agenda for an upcoming meeting shall notify the Clerk by the Monday preceeding the week of the Meeting; and informational Council material shall be filed with the Clerk no later than Thursday noon of the week preceeding the meeting, Motion carried unanimously. Levy Limit Hs. Lindquist explained the letter v~itten to the Commissioner of TIevenue requesting the City's levy limit be increased per State Legislation noting that we may not need the increase, but as a precautionary ~easure, we are requesting it at this ti~e. The longer we delay, the longer it vrill ta1Œ before we know what our levy is, and we can't do any- thing on the Budget until we know the levy limit, Increased valuation in the City rose about 5 percent over last year, There was increased valuation in the sewered areas but also a decrease in other areas due to depreciation, HOTIOIT by VanderLaan, Seconded by I-IcClure, that the City Council approve the letter to the Commissioner, of Revenue prepared by the City Clerk regarding the request for increase in 1977-1978 levy basis, date of letter, July 1, 1977, lfution carried unanimously. Shade Tree Ordinance I IrOTION by TIindschitl, Seconded by Lachinski, to direct the Clerk to prepare a letter to the County voicing our objection to the rates being charged for the tree dumping site at the Bunker Prairie Park as they appear to be excessive, Discussion was o~ the cost figures and truck sizes for dumping diseased trees at the Bunker Prairie P~rk, Ms, Lindquist explained the first rates are what they would charge the City of Ando~er if we had a truck; the second rates are for residents coming in with diseased trees, IShe also said they've received calls that the landfill.is refusing to accept diseased ~rees; or if they are allõwing it, they are really giving the people a hard time and charging for bringing in big stumps, Mayor ITindschitl felt they had to accept the trees,¡ and someone should talk to them about it, Councilperson Lachinsy~ stated he would like something in the letter referring to the fact that it is going to be more difficul~ for us to enforce the Ordinance with these prices, He also felt that !1r, Boos' suggestion last night of obtaining a site and burning the diseased wood might be a good one (However, diseased elmwood cannot be burned), Motion carried unanimously, I A1Jproval of !Unutes ¡ray 11, 1977: I identify the speaker: Mayor ITindschitl stated", Page 4, second to last paragraph: !·ray 17, 1977: Page 4, top, first paragraph: correction: The engineering firm would be responsible for the designing and constructing of the gate not to close completely, - Continued City Council Heeting July 6, 1977 - Hinutes Page 7 (Approval of Minutes, Continued) Hay 26, 1977: Correct as \",itten. June 7, 1977: Page 3, last sentence in second to last paragraph: change 1975 to 1976, Page 4, middle of page: change Mr, Schneider to: For~er Mayor Richard Schneider commented (sp) Page 6, Prairie Road discussion: After the statement "At the original Public Hearings, the people were told ""no assessments would have to be made to residents along the road," Insert: Councilperson Lachina~~ questioned whether or not that statement is true in that Dewey I01sma indicated that he made an error at one of the Public Hearings indicatinG that all of the costa would be borne by the State, Page 8, following the paragraph beginning with "Hayor Windschitl reco~mended Ik, Holasek of the Road Improve~ent Committee ""," Insert a new paragraph: Councilperson VanderLaan stated she felt it was embarrasaing for both the City and I~, Holasek for hi~ to even continue as a member of the Road Improvement Committee as Council had voted to proceed with condemnation of his property, June 21, 1977: Page 7, paragraph beginning with "Hayor 11indschitl com~ented that the Metropolitan Council....." Change "The only good case for extending this Ordinance..." to: "A good case for extend:hg this Ordinance"," At the end of that same paragraph add: "As a result, we could have the land platted out and sold to innocent third parties who would not be able to build on that land," -. I HOTIOIr by HCClurJ, Seconded by Orttel, to approve as a~ended Hinutes of Hay 11, 1977; Hay 17, 1977; May 26, 1977; June 7, 1977; and June 21, 1977, Motion carried unani~ously, .1 A~proval of Clalms Discussion was o~ the Babcock-Locher billing which included a fee of $20 for reviewing the Obscenity Or inance. Councilperson VanderLaan questioned that when new Ordinances appear on the Planning and Zoning agenda, from what direction are they operating? It might be communic'ated to the P 1'< Z that rather than si~ply placing theae things on their agenda, if there :was so~e precise direction from the City Council, we could eli~inate so~e of these kinds of Attorney's costs that have evolved, She further suggested that the Clerk be dire'cted to convey the intention Of the Council to ask for a review of intended Ordinanc~s by the Planning and Zoning Commission, Hs, Lindquist explained that since !~, Hqwkins is at the Council Heetings, ~any items could be clarified verbally at that time. 11ayor Windachitl stated we can refer items to the P & Z, but they can also initiate Ordinancbs on their ovm, The CIerI, was asked to research the State Statutes and Ordinance 11 ~s to what would be the proper procedure, For this particular case, Attorney Hawkins ~id review and further research the latest rulings regarding the Obscenity Ordinance which was covered in that $20 bill, I -, Continued City Council !1eeting July 6, 1977 _ Minutes Page 8 (Approval of Claims, Continued) Further discussion was on the Personnel Conmittee recommending a policy on mileage to r.teetings. Councilperson Lachinsl<i stated there is a policy on this and felt that approv- in~ these claims is going against established policy. It was his understanding that these were not going to be paid any more, !·Is, Lindquist presented the minutes of the Council meeting in August, 1975, indicating the policy had been approved for "Official City Business" and she felt that further clarification was needed on "Official City Business." Up to the present a precèdent has been set in that any job related mileage (meetinl\s, conferences, seninars, etc.) has been paid. Discussion bet~een Councilperson Lachinski and ¡'Is, Lindquist was on what has been done in the past and determining when mileage should be paid, The Personnel Committee will look into establishing a formal policy and lIs, Lindquist will furnish the Conmittee all documentation regarding this matter, HOTTON by VanderLaan, Seconded by 1,'lindschi tl, to approve Claims in the amount of ~~f\,;391.,o,5 to include Check ¡¡umbers 1315 through 1334 and Check ¡¡umbers 1336 through 1338, VOTZ OH IIOTION: YES-lIcClure, Orttel, VanderLaan, \7indschitl; ¡¡O-Lachinski Hation carried. HOTIml by VanderLaan, Seconded by Orttel, for the approval of Checks from the Improvement 76-1 Fund: Amounts, ~2, 336,87, Check Humber 149; and $53,231.50, Check Number 148, Motion carried unani~ously. !IOTIOII by Orttel, Seconded by !lcClure, to adjou!'n. Hotion carried unanir.lously. !!eeting adjourned at 11:17 p,m, I Respectfully submitted, I ~~!Q~~ !mrcel a A, peacþ Recordin~ Secretary