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HomeMy WebLinkAboutCC August 15, 1978 · CITY of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 15, 1978 AGENDA 1. Call to Order - 7 :30 P. M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings - None 5. Legal and Engineering a. Co. Rd. 9 - Storm Drainage b. Northwood's Tennis Court c. Pine Hills Preliminary Plat d. Johnson's Field Preliminary Plat e. Donald Janssen Variance f. g. 6. Ordinances and Resolutions a. Amendment - Ordinance No. 32 7. Petitions, Requests, Communications a. Junkyard License _ Farrian b. Assemblies of God - Temp. Mobile Home Permit 8. Reports of Officers, Boards, Committee s a. Planning & Zoning Commission b. Park & Recreation Commission c. Volunteer Fire Department d. Personnel Committee 9. Old Business a. Mileage - City Staff b. 10. New Business a. Meeting / Building Official b. Appointment of Election Judges c. Interview Date/Park & Recreation Commission d. Date/Canvas Ballots - Special Election 11. Approval of Minutes 12. Approval of Claims 13. Adjournment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 15, 1978 MINUTES The Regular Bi-Monthly Meeting of the Andover-CitfCouncil was called to order-by Mayor Jerry Windschitl on August 15, 1978;7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulsvard NW, Anoka, Minnesota. Councilpersons pressnt: Lachinski, McClure, Orttel, VanderLaan Councilpersons absent: None Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson; City Clerk, p. K. Lindquist; and others Residents Forum Dick Schneider. 1343 Andover Boulevard NW - questioned with the City-getting more- equipment if some storage facility could be arranged to buy gas through the County bid to get it cheaper. Mayor Windschitl stated the problem is that there are no storage facilities at the moment;.and if the bond issue passes, the Fire Department has a storage tank in their plans. Mr. Schneider _ stated the rusted weed sprayer is still in his yard and asked that the City have it removed. The Clerk was directed to take care of this. Winslow Holasek, 1159 Andover Boulevard NW - asked that the tall-weeds along Prairie Road be mowed or sprayed before they go to seed. Also, the weeds in the Old Andover school are unsightly and a fire hazard and should be mowed. The Clerk was directed to take care of this. Agenda Approval MOTION by Orttel, Seconded-by Lachinski, that the Agenda be approved as published with the addition of Items 7a, Junkyard License - Farrian;"7b, Assemblies of God Church - Temporary Mobile Home Permit; and Item 8e, Road Improvement Committee Report. Motion carried unanimously. County Road 9 - Storm Drainage Mr. Davidson reported that in talking with Mr. Carlson, potential developer of land along Bunker Lake Boulevard, he was totally willing to cooperate on a storm drainage plan with the City but felt it was premature-for him to enter into any development plan at this time. Mr. Green from Green nealty, involved in the 80 acres of the northeast corner of Bunker Lake Boulevard and Round Lake Boulevard, also felt it would be premature to go into any type of drainage plan. His first intent is to drain northeasterly, which is in conformance with the City's original drainage system plan. Consensus of the land developers at-this time, then, is that any development plan is premature as far as they are concerned. Mr. Davidson reported that in the limited study TKDA"did in the area, the most feasible direction to drain the storm water is south and west, which is the direction the system would drain into the county road system. That isn't to say that land couldn't be dedicated near the center of the tract "on the south end just north of the Coon Rapids City limits for ponding in the future. It just means "that that much land is "going to hsve to be given up to future ponding. Perhaps, instead of the pond located along Bunker Lake Boulevard, it could be located anywhere within-the 160 acres. Council discussion was on whether the City should pay for the feasibility "study needed before participation in oversizing" the county's storm sewer sýstem;, on where the money would come from for the feasiDility study; on the fact that public hearings would need to be held alid time is short as the county is already in its final design stage; "that this is a matter of acting with a futuristic attitude so that we may be able to save some Regular City Council Meeting August 15, 1978 - Minutes Page 2 (County Road 9 - Storm Drainage, Continued) monies in the future; on the July 28, 1978, TKDA report"regarding enlarging the county storm Sewer system, potential costs, and its advantages; and on other alternatives if the county system is not oversized. Mr. Davidson stated the reason for the feasibility study is because they are not that comfortable that this alternate will actually work without doing a more detailed analysis because of the flat terrain and the limited outlet availability. To assess this back to the residents, those in Chapman's Addition"would be paying approximately three cents a square foot. It would be $450 an acre now; and at the time the lateral system is installed, the trunk outlet portion would be about another two cents a square foot. The Clerk stated there E no additional budget mroney for the $2,500 for the feasibility study at this time, It could come from overage in the budget, the monies discussed by the Capital Improvement Program, Mayor Windschit1 stated that all the funds that were available to the Capital Improvement Committee were appropriated in various places, It was generally felt that the City should not be paying for the additional feasibility study needed, that possibly there are other alternatives for the storm watér drainage, and that residents might not be willing to pay for the assessment at this time, No further action was taken by the Council, Northwood's Tennis Court Mr, Davidson reviewed his July 26 letter to the Council on the results of his negotiations with contractors who bid the Northwoods tennis court project noting that all three contractors were willing to delete the electrical portion of the contract, NDH remained the low bidder, He also noted that the recommendations for the alternate bids by the Park/Recreation Commission ~correct, and he agrees with them, Wes Mand, Chairman of the Park/Recreation Commission, ,stated they are recommending deleting the electrical portion of the bid and either rebid it or get other quotes later. If the quotes come in high again, they can wait until next year, as the grant is good until 1979. MOTION by VanderLaan, Seconded by McClure, proposing the following Resolution: A Resolution accepting bids and awarding contract for the construction of the Northwoods Park Tennis Court ... (Awarded to NDH, Total Bid, $29,890 less electrical bid of $12,750 for a revised bid of $17,140) '" Be it further Resolved that the City Council authorizes additional Alternates Number 1, Add bottom rail in lieu of "tension wire for $650; Alternate 2, Metal net in lieu of nylon net for additional $350; and Alternate Number 5, City Hall "tennis court, Add bottom rail on existing fence for a total of $750. (See Resolution R94-8) Motion carried unanimously, Pine Hills Preliminary Plat MOTION by Orttel, Seconded by McClure, that the Preliminary Plat of Pine Hills be referred back to thé Planning and Zoning Commission for further consideration. Motion carried unanimously. Johnson's Field Preliminary Plat Linda Johnson. 4550 Central Avenue, Minneapolis - represented Johnson's Field, Planning CommissionJChair~an Larry Retzlaff reported the Commission is recommending the City Council approve Johnson's Field Preliminary Plat as the plan is compatible with the intent of the Comprehensive Plan, it conforms to the design standards established by Ordinances 8 and 10, public input was taken under consideration from the public hearing, the Park/Recreation Commission recommended accepting dedication of land, and the Plat was found satisfactory after review by the City Engineer," The Plat will result in some double-frontage lots in Lunds Round Lake Estates; however, future subdivision plans look Regular City Council Meeting August 15, 1978 - Minutes Page 3 (Johnson's Field Preliminary Plat, Continued) for a road to be developed in the location of l47th Avenue and, therefore, would not create difficulty with the City. Discussion was under Ordinance lOA, subparagraph 9.07, "Parks and Public Land Dedication" as to whether the City can demand land. Mr. Mand testified that there has been quite a bit of input from residents of the area, as presently they are using Lots 11 and 12 as a park and they would lose that area with this development. He stated some park is going to be needed in that area, as the present land dedicated is swampy and not suitable for park purposes, but he didn't kriow exactly how this fit into the Comprehensive Park Plan per se. He stated that the parks should be placed where the people are so they do not have to cross ditches or major highways to get to a park. Discussion was on the other parks in the area, the amount of land desired for a park, potential park development, possibly connecting the various parks into one larger park, and which lots would best be suited for parkland purposes. Attorney Hawkins stated the City does have the right to require land dedication for parks -- the option is entirely up to the City as to whether they want land or money. In interpreting the Ordinance, he felt that the decision has to be made by the City Council, not tie develqper, as to whether the area is too small or not suitable. It was determined the Park/Recreation Commission should study the Preliminary Plat further as to how much land is desired and which lots meet the needs of the Park Board. Further discussion waS on the elevations of Lot 7, Block 3, and whether it would require fill in order to be buildable. Discussion was~ the Engineer's recommendation, on the soil borings taken, that 39,000 feet per lot is needed six feet above water table for a septic system, and that the elevations show that Lot 7 would require fill before it would be buildable. This should be shown on the Preliminary Plat. Mayor Windschitl suggested the engineering firm relook at Lots 6 and 7 and others that would cause a problem meeting sewage requirements. MOTION by Lachinski, Seconded by McClure, to refer the Johnson's Field Preliminary Plat to the Park Board for their consideration of land dedication and also back to the Planning and Zoning Commission to have the City Engineer review all lots in the Plat as to the 39,000 square foot requirement for septic systems. Discussion: Ms. Johnson stated she thought her Engineer had worked it out and remembered him telling her they would be filling the lots. She also felt that the parks should be built for the entire community to take in all activities and didn't think that three acres is enough to do all that. She felt they would need five or ten acres to satisfy all developments out there. Mayor Windschitl stated the Park Board would review this again and come back with appropriate recommendations. Motion carried unanimously. Donald Janssen Variance Chairman Retzlaff stated-the Planning Commission is recommending Council àpproval for the Variance request of Donald Janssen on Lot 8; Block 3, Cedar Crest'Estates to move the rear lot West point 13.15 feet east, not moving front north point, under Ordinance ~O',Sectio,,: 14.02. (See P & Z Memo to Council dated July 25, 1978). Dennis M. Johnson. 3915 l74th Avenue NW ~ lives on Lot 9 and a portion of his septic system is on Lot 8. It was assumed the telephone 'pole was the property line, which has ~ince been found to be 13.15 feet over into Lot 8, an unbuildable lot. Discussion was on the Clerk's recommendation that a 'contingency be placed on the Variance that the combination of Lot 8 and Lot 7 be required. Attorney Hawkins stated there would still be two separate legal descriptions and didn't feel there would be aný reason to combine the two lots as it doesn't do anything for the legal description or to control development. Regular City Council Meeting August 15, 1978 - }tinutes Page 4 ---- (Donald Janssen Variance, Continued) Mr. Johnson also stated that the entire drain field of Lot 7 is on Lot 8 and didn't feel that that would ever be separated. This 13.15 feet was actually purchased in 1974; how~ver, they did_not know that it required a Variance from the City. MOTION by Vanderlaan, Seconded by Windschitl, introducing the following Resolution: A Resolution approving a Variance request for Donald Janssen for the conveyance of 13.15 feet from Lot 8, Block 3, Cedar Crest Addition ... (See Resolution R95-8) Hotion carried unanimously. - Amendment - Ordinance No. 32 }~TION by Vanderlaan, Seconded by Orttel, an Ordinance revision requiring Ordinance Amendment Statement: An Ordinance amending Ordinance No. 32, an Ordinance regulating the use of public and private sewers and drains, existing wastewater disposal, the discharge of waters and wastes into the pUblic sewer system, the installation'and connection of building sewers, the establishment of sewer availability charge, connection charge and sewer rental charge, licensing and providing penalties for violation thereof. The City Council of the City of Andover Hereby Ordains: The follòwing Section of Ordinance No. 32 are amended to read as follows: Section VII: A. No Change. Section B. Delete sewer connection charge listing. Add - Standard City of Andover trunk sanktary sewer connection charge units for various commercial facilities shall be computed in accordance with current Hetropolitan Waste Control Commission standards. Adopted by the City Council of the City of Andover this 15th day of August, 1978. Motion carried unanimously. Junkyard License - Farrian The Clerk testified that ¥~. Farrian has paid the necessary fees, and his yard is in compliance with Ordinance No.9 at this time. !IDTION by Vanderlaan, Seconded by Lachinski, that the City Council approve 'the Junkyard License for Galen Farrian until June 30, 1979. Hotion carried unanimously. Assemblies of ,God Church - Temporary Mobile Home Permit The Church requested a temporary mobile home permit on their property at 3210 Bunker Lake Boulevard for office use during the construction of the new church. Discussion was on the fact that the City's Ordinance allows only one mobile home per parcel of land and the building contractor already has a "construction shack" on the parcel. Attorney Hawkins also stated the Ordinances allow" only one mobile home per parcel and there is no provision within the Ordinance for a variance to this. -- --- . Edgar Mitchell, 4849 179thLane 11\1. Anoka, and Stewart Olson, 2507 }~ple Avenúe. Anoka. from the Church Deacon Board of Trustees represented Assemblies of God Church. They noted because they have sold their present church and are holding servièes in the High School, they need an area for their offices and to begin receiving mail. It would be only a small mobile home temporarily until the church is finished, which is estimated to be around the end of January. They also stated that telephone access and electricity would be similiar to that of the "construction shack" and there is 'sanitation facilities available on site. This would not be used for residential purposes. Discussion was on alternatives available to the church such as someone on a separate adjacent parcel allowing them to park the mobile home, on the difficulty with having a "construction shack" classified as a mobile home on a parcel when they do not apply for temporary permits nor have they ever been required to have such a permit, and that neither the "construction shack"nor this mobile home 'office will be used for residential purposes. Attorney Hawkins suggested the Council could amend the Ordinance making an exception for "construction shacks." Regular City Cou~cil Meeting August 15, 1978 - !1ïnutes Page 5 _.. (Assemblies of God Church - Temporary Mobile Home Permit, Continued) Fifteen minute recess at 9:07 p.m. to allow Attorney Hawkins time to draft an Amendment to the Ordinance. .. .~~ -"~ - MOTION by VanderLaan, Seconded by orttelj introducing the following Amendment to Ordinance Number 6: Ordinance Number 6a, An Ordinance amending Ordinance Number 6, an Ordinance regulating Mobile Home Parks and providing penalties for violation thereof. City Council of the City of Andover hereby ordains that the following Section of Ordinance Number 6 is amended as follows: Section 2, d: Shall remain the same. Section 2, e: The provisions contained in this section shall not apply to mobile homes or travel trailers that are used for offices þy construction companies while in the process of working on projects within the City. Such mobile homes or trailers shall not be allowed to be used for such purposes for a period beyond six months without obtaining from the City Council a permit therefore. That this permit shall be in addition to any permit allowed by this section. Adopted by the City Council, City of Andover, this 15th day of August, 1978. Motion carried unanimously. MOTION by Orttel, Seconded by MCClure, that a temporary mobile home permit be approved for the AssemblieB of God Church for a period of 90 days, subject to the owners providing an acceptable on-site sewage disposal system. Discussion: The ChUrch may reapply for a permit after 90 days. They must comply with the building code relative to on-site sewage disposal. Motion carried unanimously. . -'.-.. Planning and Zoning Commission Report Chairman Retzlaff reviewed the changes to be made in the contract with Midwest Planning and Research, Inc., for assisting with the formulation of a Comprehensive Plan for the City of Andover. He explained that this contract holds the spirit and intent of the contract that is already in force; however, this contract has }lidwest Planning doing a ~ajority of the work and rec~mmended Council approval. Discussion was on Paragraph D and whether a 24-month time period would comply with the Land Use Planning Act as the Plan must be produced by July I, 1980. I~. Retzlaff stated the 24 months would allow some time for the consultant to be under contract with the City while presenting our Plan. However, it would be acceptable to him to change the time period to when the Plan must be presented. }~TION by Orttel, Seconded by MCClure, that the City join in a contract with the firm of llidwest Planning for the purpose of updating Andover's Comprehensive Development Plan in' accord anc e with Metropolitan Council's guidelines for a sum of money not to exceed S8,400;.and that contract presented by Midwest Planning and Research be amended as follows: Add to Item 3 under A: This contract replaces the contradt for professional planning services between the City of Andover and llidwest Planning and Research Inc., dated Februa:y 7, .1978. Under !tem B, Number 2: Twenty Five (25) copies.. should be changed to Fifty (50) copies... Under Item C, Final paragraph following Item Number 2 be deleted in its entirety. - - - Under It9m D, Project Schedule: All reference to 24 months should be changed to eighteen (18) months. ~nder !tem ~,.Cost of Services, Number 3: The final sentence be deleted.. Under Item A2, the Date shovm as 2 August 1978 should be changed to 1 August 1977; and further move that the Council authorizes the Mayor and Clerk to sign the contract. Motion carried unanimously. Regular City Council Meeting August 15, 1978 - Minutes Page 6 (Planning and Zoning Commission Report, Còntinued) Mr. Retzlaff then discussed with the Council Mr. Conroy's Platting and Rezoning request on the corner of Crosstown Boulevard and 139th Avenue relative to Ordinance 8, Section 4.17, which states the area shall include two acres for a neighborhood business and five acres for a shopping center and that a market feasibility study shall be submitted indiaating need, size, and future size. It was Mr. Retzlaff's opinion that the feasibility study they received is biased and didn't answer the specific questions asked by the Commission of the developer. The question is should we have another neighborhood business when there is already another neighborhood business designated within one square mile and within a population of 2,000 to 5,000 people. Attorney Hawkins cautioned that Special Use Permits cannot be denied on the basis of economics, as the marketplace determines that and it is not a function of the City Council. The rezoning is a different situation; and if economics is used as one factor, the entire decision should not be based on it. If the Comprehensive Plan, which is done in advance -and states the policy, sets forth that we don't want all these type businesses congregated in one area from a planning standpoint, he felt it would be on more solid ground. Mayor Windschitl felt that the Commission has the right to demand the developers answer the specific questions asked of them. Personnel Committee MOTION by Orttel, Seconded by McClure, that Councilperson Lachiriski be appointed Chairman of the Personnel Committee for the balance of the year. Motion carried unanimously. Road Improvement Committee Report Mr. Ray Sowada of the Road Improvement Committee reviewed their August 7, 1978, memo to the Council on the truck purchase. In comparing the costs between a new and used truck, there is only a $250 difference. They are recommending both a new and used truck, purchasing one this year and one next year. Discussion was that a truck, which is fully equipped but might need some repairs, might be purchased at a cooperative auction with the Cities and Counties. These trucks could be checked out ahead of time. In some cases, the purchase can be negotiated ahead of the auction. Mr. Sowada felt he had the basic knowledge to investigate this equipment to determine which would be best for the City. The Clerk stated that to date the bills that have come-in for road maintenance have been somewhat less than what was allocated and that only 3/4 of 157th Avenue will be repaired with the funds allocated. She has not received the bill for all repairs; however, Mr. Kraabel is supposed to contact her if the costs would exceed what was allocated. She noted that the $7,500 is available for the truck purchase. Discussion was on the procedure that should be followed in purchasing a truck, and on the Committee's report on the costs of the City owning a truck versus that of contractural service. MOTION by Lachinski, Seconded by Orttel, to authorize the Senior Public Works PerSon and City Clerk to purchase a used truck for snow plowing and sanding not to exceed $7,500, purchase price includes all necessary repairs in order to make the truck operational. Discussion: Because another governmental agency is involved, additional quotes are not needed. Also, every truck is different as nobody can provide the same used truck. Attorney Hàwkins suggested a report be submitted on which ones were looked at, the price, etc. Motion carried unanimously. Regular City Council Meeting August 15, 1978 - Minutes Page 7 Volunteer Fire Department Bob Peach, Assistant Fire Chief, stated that a number of architects have been asked to submit bids for the public service building and requested that they be submitted at the meeting when the Council canvasses the bond election ballots to avoid a three-week delay until the next regularly scheduled Council meeting. Mileage - City Staff MOTION by Lachinski, Seconded by Orttel, that City personnel be reimbursed for all required travel beyond one round trip per day to the City office. Councilpersons Orttel and Lachinski withdrew the Second and the Motion. MOTION by Lachinski, Seconded by Orttel, that the City Council adopt the policy recommended by the Personnel Committee that in the case of attendance at meetings, personnel be reimbursed for all required travel beyond one round trip per day. Motion carried unanimously_ Meeting - Building Official MOTION by Vanderlaan, Seconded by Orttel, that the City Council authorize David Almgren to attend the North star Meeting to be held in Bemidji on August 18 and would allow lodging cost of $23.40, meal cost of $20 and registration cost of $10 and that it be recommended that he 'use the City car for transportation to and from the meeting. Motion carried unanimously. Appointment of Election Judges MOTION by Lachinski, Seconded by Orttel, to approve the following Election Judges for the Primary Election on September 12, 1978, as recommended by the City Clerk on the document submitted to the City Council. Motion carried unanimously. Interview Date - Park and Recreation Commission MOTION by McClure, Seconded by Lachinski, that the Council set aside 15 minutes beginning 7:15 p.m., 5 September 1978 for the purpose of interviewing William Lefeve for Park and Recreation Commission. Motion carried unanimously. Dave/Canvas Ballots _ Special,Election MOTION by Orttel, Seconded by McClure, to set the date of August 18, 4 o'clock, City Hall, as the time and place to canvas the results of the bond issue election and to review architectural quotes. Motion carried unanimously. Approval of Minutes July 13. 1978: Correct as written July 18. 1978: Page 5, under Usage of Park Dedication Fees: .;.Mayor Windschitl's only concern was havin~ a Council... Be Changed To: ...~myor Windschitl's only concern was ~ a Council... July 20, 1978, July 25. 1978, and August 1. 1978: Correct as written. - MOTION by Orttelj seconded by Lachinski, that the Coùncil approve the Minutes of July 13, July 18, July 20, July 25, and August 1 as corrected. Motion carried unanimously. Regular City Council Meeting August 15, 1978 - Minutes Page 8 Approval of Claims MOTION by Orttel, Secondèd by McClure, for approval of checks number 1963 through 1994 in the amount of $14,535.62. Motion carried unanimously. MOTION by McClure, Seconded by Ortte1, to adjourn. All in favor said aye. Meeting adjourned at 11:04 p.m. Respectfully submitted, ~ ~~c~~~ Recording Secretary