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HomeMy WebLinkAboutCC November 9, 1978 CITY of ANDO VER REGULAR CITY COUNCIL MEETING - NOVEMBER 9, 1978 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings 5. Legal and Engineering a. Accept Petition - Stenquist Addition b. Cunningham Addition _ Recession of Approval c. Rezoning - Conroy d. Special Use Permit - Mistelske e. Richard DeGarner - Lot Sµit & Variance f. Preliminary Plat - Pine Hills g. Registered Land Survey - James Stack h. Variance - James Stack i. Preliminary Plat - Kadlec Addition j. Preliminary Plat - Rum River Forest k. 1. 6. Ordinances and Resolutions a. Parking Ordinance 7. Petitions, Request Communications a. Coon Rapids Recreation Association-Member 8. Reports of Boards, Commissions, Committees a. Planning and Zoning Commis sion b. Park and Recreation Commission (1) Tennis Court - Change Order c. Other Committees 9. Unfinished Business a. 10. New Business a. Probationary Increase-Almgren b. Date for P&Z Interview c. 11. Approval of Minutes 12. Approval of Claims 13. Adj ournment · , , ~ 01 ANDOVER ~~GULAR CITY COUNCIL MEETING - NOVEMBER 9, 1978 MINUTES The Re~ular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on November 9, 1978, 7:35 p,m, at the Andover City Hall, 1685 Crosstown Boulevard ~~~, Anoka, Minnesota, Councilpersons present: Lachinski, Orttel, VanderLaan (arrived at 9 p,m,) Councilperson absent: McClure Also present: City Attorney, William G, Hawkins; City Engineer, John Davidson; City Clerk, p. K. Lindquist; and others Residents Forum Wes Mand asked why the fire department is not fighting fires any more, Fire Chief Rvans stated the temperatures were forecast to be 26 to 28 degrees in this area for several days, There is a problem with water freezing in the smaller pipes and valves on the trucks that are very expensive, The trucks are not in a heated building, AlthoUgh this cold weather did not materialize, it takes four hours to take the vehicles out of service, and it is not a decision that can be made in a short period of time, A~enda A1J1Jroval MOTION by Orttel, Seconded by Lachinski, that the Agenda be approved as published with the addition of Item 5k, Award Contract - Fire Vehicles; and Item 10c, Canvas F.lection, Motion carried On a 3-0 vote, Acce1Jt Petition - Stenquist Addition Council discussion was on exactly what was asked of the City on the project relative to the bids from three contractors, The confusion was whether these bids are wanted before or after the Public Hearing, The Clerk stated the letter requesting these bids was not taken around with the petition, The letter that was sent for the original Public Hearing in the spring was taken around with the petition, Engineer Davidson stated that asking for bids would require completing the plans and specifications for the project, Part of the cost of the project is for acquisition of right of way, ditching, culverts, etc" that add to the cost over and above that of the blacktop, The feasibility study was done for the previous Public Hearing and would not take a great deal of time to u"pdate, He suggested extending the project to meet Ron Smith's road and 159th to the west end of the plat, Mr, Davidson stated he would break down the feasibility report to se"parate the blacktop street costs from the other work so the residents can understand the difference, MOTION by Orttel, Seconded by Lachinski, a Resolution ordering a Feasibility Report for the Improvement of blacktop streets in the west half of Section 18, Township 32, Range 24 and l59th Avenue }[w East of Oneida to Makah Street, and RoanokeStreet south of 159th Avenue in Section 13, Township 32, Range 25 '" (See Resolution R120-8) Motion carried on a 3-0 vote, Cunningham Addition - Recession of Approval MOTION by Lachinski, Seconded by Orttel, declaring the Cunningham Addition Plat void pursuant to Ordinance No, 10, Section 11,01, (See Resolution R12l-8) Motion carried on a 3-0 vote, Rezoning - Conroy MOTION by Orttel, Seconded by Lachinski, that the rezoning of the Conroy property be carried to the next regularly scheduled Council meeting, Motion carried on a 3-0 vote, ~e~ular City Council Meetin~ November 9, 197~ - Minutes Pa~e 2 SÞecial Use Permit _ Mistelske Mn~TON by Lachinski, Seconded by Orttel, to approve the Special Use Permit for Charles Mistelske for an existin~ auto reduction yard to be located on Lot 3, Watts Garden Acres with a two-year time period, and contin~ent upon the applicant applyin~ for a Junkyard License under Ordinance No.9, for the followin~ reasons: First, the Public Hearin~ was held and there was no adverse pUblic comment: Second, that the ~ommission has determined that the use of the property will not be detrimental to the health, safety, morals, or general welfare of the community: and Third, nor will the issuance of the Special Use Permit cause serious traffic con~estion or hazard and the issuance of said permIt is in harmony with tbe ~eneral purpose and intent of the Comurehensive Development ulan of the City of Andover. MO~IO~ CHANr,~D by Lachinski to restate tbe reasons: The Public Hearin~ was held and there was no adverse public comment: and the issuance of the Special Use Permit will not cause serious traffic con~estion or hazards. Second still stands. (See Resolution R122-8) Mot~ carried on a 3-0 vote. Richard DeGardner - Lot Sulit and Variance Jim Lundin, 10299 University Avenue, Blaine, representing Mr. DeGardner who was unable to attend, as his attorney. Mr. Lundin stated ~r. DeGardner is requesting a lot split and a variance over a piece of property that is approximately 161.39 feet along the road. The Variance is for approximately 8.5 feet between the two lots. The reasons a hardship Variance is bein~ requested are because there are many other lots in that area that are 75 feet wide; if and when water goes through, it would be an unmarketable piece of property because of the cost: and these lots are extremely deep so they would fill in with the surroundin~ lots that do conform to the ~5-foot width requirement, as there will be considerable setback and there is approximately 50 more feet of land beyond the meander line shown on the plat map. As it stands, this is an unmarketable Þiece of proÞerty. ~he Variance is for only 4+ feet per lot, and the lots are deep enough and wide enough to fill the purpose of the 85-foot requirement. Mayor Windschitl felt there weren't any lots across the Lake or in Andover on this side of the lake which are 75 feet in width. The Clerk testified that these lots were created by ulatting and the information in the A~enda material is not correct. Mr. Lundin also testifIed that Mr. DeGardner owned the adjacent lot to the south on which his home is built. That lot is 100 feet wide alon~ the road. Council discussion was on the possibility of havin~ Mr. DeGardner deed a portion of the homestead lot to the lot in question to increase its width. It was noted that the result would still be that there woUtl be three houses in that area. Concern was exuressed by the Council that if a Variance were allowed for this lot, it would be settin~ a precedent for splitting the remainin~ lots in Country Estates. Discussion was also on where the width of the lot is measured. The Ordinance reads that the lot width is determined by tbe maximum horizontal distance between the side lot lines measured within the first 30 feet of the lot depth. Mr. Davidson testified that on curved linear streets, lot width is normally measured parallel to the right of way. Attorney Hawkins stated the primary Variance provision is Section 4 of Ordnance 4O, which sets the requirements of meetin~ the minimum classifications. Also, under Ordinance 8, this variance could not be considered because it would have to be related to the characteristics of the land and not with the property owner. He felt the definiti~ of the physical characteristics relate to the land, such as swamp,t~ees, something of that nature. Mr. Lundin felt the shape of the lot is the physical characteristic of the lot which should be considered. ..- Regular City Council Meeting Nover.1ber 9, 1978 - Minutes Page 7 (Richard DeGardner _ Lot Split and Variance, Continued) Attorney Hawkins stated we are treating the provisions of Ordinances 40 and 8 as a package, and he felt it would be appropriate to allow the applicant to amend the design to include the homestead lot of !~. DeGardner with the lot to be split to qualify under Ordinance 8. It would then be a question of granting a lot split under Ord~nance 40. Mr. Lundin was directed to work with the City Engineer to be sure all requirements are met. This is continued to the next regularly scheduled Council meeting. Preliminary Plat - Pine Rills Tom O'Malley, Land Surveyor on the project, asked to redesign the plat under the new lot standard of 300 feet front footage and then resubmit it to the P & Z for recommendation. MOTIO~ by Orttel, Seconded by Lachinski, that the Preliminary Plat of Pine Hills be referred back to the Planning and Zoning Commission at the request of the developer for redesign. Discussion: If it is a new plat, it will be referred back to the Park Board as well. Motion carried on,.a 3-0 vote. Registered Land Survey and Variance - James Stack Mr. O'Malley stated that the smaller Tracts are intended to be combined with the adjoining land. Tbe property in question is the property of James Stack and John Hunt. Tracts G and F are under one Certificate of Title owned by Mr. Hunt. The rest of the land is under Certificate of Title owned by !~. Stack. The County Title Examiner reouested that the Certificates of Title be kept separate on the Registered Land Survey so that title can be exchanged in the future without creating problems for the buyers. The intention is Mr. Hunt will buy Tract E from Mr. Stack and build his house on it. He TIresently owns F and G. The original proposal had Tracts E and F combined. Mr. O'Malley now wants them separated. Mr. O'Malley explained that Tract C is to be combined with the small parcel to the east where there is an existing home owned by Mr. Johnson. Tract C will improve the lot that is nonconforming, although it is still not 300 feet in width. Mr. Hawkins stated that a new description for the combined land could not be created because one is Registered Land and the other is abstract. If a variance is granted, that must be noted and made on the condition that there would be no additional building allowed on Tract C. He felt that approval could be given just noting the exceptions in the Survey. MOTION by Orttel, Seconded by Lachinski, that the Council approve the Registered Land Survey on the Stack and Hunt property in Section 18, Township 32, Range 24, Anoka County, Minnesota (as described in Resolution R123-8) with the following conditions: Exceptions be allowed to Tract C and Tract D allowing these parcels to be subdivided with the understanding that they shall not be deemed building sites and will be occupied in conjunction with the adjacent property, those being for Tract C, Parcel 610 and for Tract D, Parcel 100. The reason that the combination of the two parcels is not being required is that one is Registered Land and the other is Abstract property. Further move that the Mayor and Clerk be authorized to sign tbe Registered Land Survey. (See Resolution R123-8) Motion carried on a 3-0 vote. Discussion: Mr. Stack asked if any of the money paid the City will be refunded. The Clerk will contact Mr. Stack and give him an accounting of what he has paid and what refund he is entitled to. Recess at 9 o'clock; reconvene at 9:16 p.m. (Councilperson VanderLaan arrived at this time) Regular City Council Meeting November 9, 1978 - Minutes Page 4 Preliminary Plat - Kadlec Addition Mr. Davidson stated that the additional land purchased by Mr. Kadlec is one parcel to the south which is lowland to be used for drainage easement. Mr. Hawkins noted that since that parcel was purchased after the Preliminary Plat was begun, it doesn't have to be included in the Plat. ,Council discussion with ~~. Harvey Kadlec, developer, was on the concern of the Council relative to the length of the cul de sac street and on the limited accesses into the development. Suggestions were made as to how to correct these two problems. Mr. Davidson felt that Flora Street should tie into a street when the land to the north is developed. Mr. Kadlec thought that that land was in the process of being developed or would be soon. The Clerk stated to date it is not scheduled on the Planning Commission Agenda. Discussion was also on the possibility of extending l69th Lane through to meet an existing cul de sac in ~fuite Oaks Country Estates. Attorney Hawkins stated that to extend the roads, the land in between the two would probably have to be acquired through eminent domain. Mr. Davidson also suggested an access could be made from the end of the cul de sac south through the parcel Mr. Kadlec purchased for drainage to meet an existing cul de sac to the south. Mr. Kadlec stated tbat an excessive amount of material would have to be added to that parcel to make it buildable. He felt if a road were put through there, he would be losing a lot and that would be an unacceptable alternative. Mr. Hawkins stated it is not within the Council's power to require ~~. Kadlec to put a road through the newly-purchased parcel, as the Council's jurisdictions are confined within the Plat itself. Discussion was then On the placement of Flora Street and on the desirability of having two roads exit to the north and eliminating the cuI de sac and the long street. Since !Ir. Kadlec's Preliminary Plat has been filed first, it was Mr. Davidson's opinion that the developer to the north could be made to conform with the street locations of this Plat. City ntandards now require lot frontage to be 300 feet rather than 330 as was required when the Plat was first presented to the P & z; therefore, there should be enough land to put in the two exits to the north without changing the number of proposed lots. Mr. Kadlec stated that since June he has redrawn this plat four times for the Planning Commission, and that two streets to the north had been proposed at one time. This is the sketch that the Planning Commission felt was most desirable. He also felt that if approval is not given this evening, he would not have time to put the roads in this fall. MOTION by VanderLaan, Seconded by Orttel, that the Kadlec Addition Preliminary Plat be placed on the Agenda for the regular Council meeting of November 21 and that the developer be directed to appear at that meeting and provide to the Council a revised Preliminary Plat showing two exits northward from 169th Lane !/W rather than the one exit aupearing in the plat having been presented to the City Council. Motion carried On a 4-0 vote. Preliminary Plat - Rum River Forest Council reviewed the corrections requested by the Planning Commission in their October la, 1978, memo to the Council. Darral Ber~er, developer, also stated he is planning to blacktop the roads in the Plat. Attorney Hawkins stated that since the City has not adopted an Ordinance to comply with the Scenic Wildlife and River Act, we are still governed by our present Ordinances. Mr. Berger stated the Plat is designed to accommodate the ultimate passage of the Scenic Wildlife and River Act. Mr. Davidson stated the reason for the Variance on block length is because of the river and the topography, it would be difficult to get cross streets through. The reason for the Variance on Lot II, Block I, is that although the area probably exceeds the requirements, the lot width is not standard because of the configuration of the street, which makes it difficult to get 300 feet across the front. Re~ular City Council Meeting November 9, 1978 - Minutes Page 5 (Preliminary Plat - Rum River Forest, Continued) Mr, Davidson stated that Lot 4, Block 2, is presently low land and will very likely retain runoff from the tributary area, If there is a building put on that lot, it should be taken into account to allow for that perpetual flooding, If the lot is filled, it must meet the code and minimum plannin~ facility, Mr. Mand stated that the Park Board requested 7.8 acres and that it be provided with draina~e, as there would be some water problem in that area due to the road being built UP. Mr. Berger stated that this has been taken care of, Mr. Davidson testified that the area is suitable for parkland, as a culvert is being installed to allow drainage out of the area, Approximately 8.8 acres is being dedicated for parkland; the Park Board is taking cash in lieu of the rest of the land. 125 feet of parkland is fronting the river, Discussion was on the desirability of having the entire 10 percent parkland dedication (approximate~ 12 acres) rather than accepting money and on the desirability of having additional river frontage for the þark. Suggestions Were made as to how the parkland along the river could be increased and how the substandard lot could then be eliminated by taking Lot 12 as park and moving the lot line on Lot 11. Mr, Berger stated he had met with the Planning Commission, Park Board, and the Engineer posing the question of the parkland dedication, and this is not what he wanted but that he has exceed the wishes of each. Since June he has been meeting with all agencies using the guidelines set up by the City, and now the rules have changed relative to lot width and what is desired for park purposes. He expressed disappointment in the Council's decision, MOTION by VanderLaan, Seconded by Lachinski, that the Preliminary Plat for Rum River Forest be placed on the November 21, 1978, regular Council meeting Agenda for further consideration and that the developer be directed to bring back a revised Preliminary Plat with the following changes: To eliminate substandard width in relation to Lot 11, Block 1; and that the City Council is desirous of having 10 percent of the total land area dedicated for park purposes; and that the additional area to be supplied by the developer be located along the river, Discussion: Mr. Berger stated he wasn't willing to do what is asked at this time and would have to give further though mthis. Motion carried unanimously, Award Contract - Fire Vehicles Fire Chief Vic Evans explained that the bond issue allowed S132,000 to be spent on the trucks. The $141,000 bid also includes approximately $9,000 worth of equipment put on the trucks that was also a portion of the bond issue. This is $9,000 of the 542,000 requested for equipment for the Fire Department, When the bond issue figures were determined, he cut those equipment items that did not have to do with fire extinquishment It was hoped that over the next few years, those items having to do with overhaul and salvage could be purchased through the budget dollars, If money has been cut out of the budget over the next few years, it means it will take longer to accumulate those items that we feel we need to do a good job of overhauling and salvage during and after a fire, Approximately $5,000 was allowed for the furnishing of the building from the bond issue. The trucks requested are diesel enginges, which cost approximately $1,500 more for one truck and $3,000 more for the other truck. Ms, Lindquist also stated that there are approximately $15,000 in le~al and fiscal agent fees for the bond election, which must come from the bond issue. Torn May, Fire Equipment Committee Chairman, stated the equipment included on the trucks are the ladders, pipe poles, axes -- the normal things that are on trucks. He recommended proceedin~ with the Equipment Committee's recommendations. Bob Peach stated that they requested four alternatives on the pumper and six on the tanker. In the final bid, they are asking for only two alternatives to keep the price within the budget, Rer,ular City Council Meeting November 9, 1978 - Minutes Par,e 6 (Award Contract - Fire Vehicles, Continued) Attorney Hawkins stated that the verbal bid submitted after the bids were closed cannot be considered. MOTION by Orttel, Seconded by Lachinski, that pursuant to the advertisement for bids as required by law, bids were received, opened and tabulated October 24, 1978, at 2 o'clock p.m., at the Andover City Hall, 1685 Crosstown Boulevard, with the results as follows: For the Apparatus: Pumper Tanker/Pumper FTI (Baker Equipment Company) 546,170.00 541,250.00 F}!C (Mid Central Fire & Safety) 47,300.00 41,050.00 General Safety Equipment 45,050.00 40,910.00 For the Chasis: FTI (Baker Equipment Company) 24,636.00 31,540.00 F}!C (Mid Central Fire & Safety) 24,000.00 30,600.00 General Safety Equipment 24,475.00 31,165.00 Lakeland Ford 23,416.92 30,433.29 The Mayor and Clerk are hereby authorized to enter into a contract with Lakeland Ford in the amount of $23,768.47 for pumper chasis and 530,612.29 for tanker chasis and with General Safety Equipment Company for pumper apparatus in the amount of 545,345.00 and for tanker apparatus in the amount of 541,195.00. Note is made that all contracts include additions over those bids as listed in all bids received. The Clerk is further directed to return to all bidders except that of the successful bidder and the next lowest bidder deposits made with their bids. (See Resolution R124-8) Motion carried unanimously.. Park and Recreation Commission - Tennis Court Chanr,e Order Wes Mand, Chairman of the Park/Recreation Commission, requested putting a timer system in at the City Hall Tennis Court. This would be a push-button start-up system, and he felt there would be enough money in the budget for this. He also felt this could be tied into the hockey rink system behind the City Hall. He has not yet received a quote from the electrical contractor as to the cost for hooking it with the hockey rink as well. Discussion was on whether this should be for both the tennis court and the hockey rink and what the additional cost might be. MOTION by Orttel, Seconded by Lachinski, that the Park and Recreation Commission be authorized to expend up to 51,000 for the installation of an exterior light switching system for the Hockey Rink and the City Hall Tennis Court. Motion carried unanimously. Park and Recreation Commission - Northwoods Tennis Court ~ime Rxtension MOTION by VanderLaan, Seconded by Orttel, that the City authorize a change order for the Northwoods Tennis Court to completion date of June 1, 1979, for the placement of the acrylic surface on the courts and that partial payment be authorized and the retainage be reduced to 5 percent of the value of the work completed to date. (See Resolution 1<125-8) Motion carried unanimously. Probationary Increase - Almgren MOTION by Drttel, Seconded by Lachinski, that a 25 cent per hour probationary increase in salary be granted to David Almgren retroactive to October 24, 1978. Motion carried unanimously, Re~ular City Council Meeting November 9, 197ß - Minutes Pa~e 7 Date for P & Z Interview MOTION by Vanderlaan, Seconded by Lachinski, that the Council establish November 21, 7:10 p.m., for an interview time for potential Planning and Zoning Commission member. Motion carried unanimously. Recess at 11:07;.reconvene at 11:12 p.m. Canvass of Election (Reference memo from City Clerk to Mayor and Council of November 8, 1978, General Election - November 7, 1978) Attorney Hawkins stated the Council must canvass the election within three days after the election and certify the votes. There is nothing in the election law that deals directly with the problem explained in the Clerk's memo. He felt that the Council should canvass the votes as we have them, and those ballots cast prior to the correction of the voting machines be treated as defective. Any individual running for the Council would have the opportunity to contest the results of the canvass within 7 days after certification. The Anoka County District Court would then make the decision on the possible irregularity and would make a determination on the procedure to follow. Mary West, Chief Election Judge, explained that those people voting prior to 7:55 when the error in the votomatic machines was found were identified by the numbers placed consecutively on the white voter certificate slips signed prior to voting. The ballots of the 270 people voting prior to finding the error were counted for those offices except for those mentioned in the memo of Robert Johnson, County Attorney, dated November 7, 1978. The Clerk testified that because the County officials did not come to the City until 4 p.m. with instructions, there was only 1* hours to call all 270 voters back. All people were contacted except five. Some people contacted either couldn't return again or didn't want to come back. Ms. West also stated that the City had a tremendous amount of undervotes, where no votes were cast for the City offices. She also took exception to the statement in the Clerk's November 8 memo -- "Due to a time problem, the Election Judges did not get their "machine check" prior to opening the pOlls '" " The machines were run and checked prior to opening the polls as is required by State law to see that the machines are operating correctly. The judges running the checks were not aware that it indicates the precinct on the bottom of the ballots. They were extremely busy at that time, and she didn't go in to check to see if the correct . Þrecinct number was on the machine. The Clerk outlined how she felt the interchange in machines might have happened explaining that she packaged the machines and put them in the boxes, and Bob Muscovitz delivered them to the precincts. The boxes were in separate piles for each precinct; however, they were not marked on the oustide as to which precinct they belonged. She wasn It Sure just where the mistake was made. She also stated that the County supplied paper ballots for those people who came back to recast their vote for Council members, and the names on those paper ballots are rotated with five rotations. She also explained that she called the County Auditor's office 8 or 9 times during the day and talked with staff and with the County Auditor, who told her there would be no problem. Glen Rogers recommended splitting up the three districts at the Crooked Lake School poll for the next election to avoid the confusion for voters. He knows of one vote that was supposed to be for 19A that voted in District 47A. Discussion was on the problems of the three districts in Precinct 2 and possible solutions. .. ... Regular City Council Meeting November 9, 1978 - Minutes Page 8 (Canvas of Election, Continued) The Resolution will read that the ballots are considered spoiled for the Council position with the exception of the Mayor's position. It will also state that all supplementary data is attached and is to become a part of the record. MOTION by Orttel, Seconded by Lachinski, canvassing the returns in the Municipal Election held on Tuesday, November 7, 1978 ... (Jerry Windschitl, Mayor, total votes, 2163: Tony Arellano, total votes, 318: Donald Jacobson, total votes, 1049: Glen p. Rogers, total votes, 915: Bob Peach, total votes, 928: Ralph Kischel, total votes, 682. Those filling open seats: Mayor, Jerry Windschitl; Councilpersons, Donald Jacobson and Bob Peach) (See Resolution R126-8) HOTE: The supplemental materials in the memo from the City Clerk to the Mayor and Council, paragraph one, eliminate the following: Due to a time problem, the Election Judges did not get their flHachine check" prior to opening of the polls; therefore,. Hotion carried unanimously. NOTE: 11s. 1Vest noted that there were no other irregularities with the election outside of this given sUbject. ~rewsletter Because of the spoiled ballots relative to the Council positions and the possibility that the election may be contested, general consensus was that the results of the election will not be published in this newsletter. Approval of Claims MOTIO'! by Orttel, Seconded by LachinSki, approval of the following checks: Check 'lumber 2155 in the amount of $7,812; Check Number 236 from the 76-1 project in the amount of ~4,375; and from the 77-1 project, Check numbers 237 through 240 in the amount of $75,452.47: and from the State Aid Bridge Fund, Check number 241 in the amount of $100,447.26. Motion carried unanimously. MOTIO~ by L~chinski, Seconded by Orttel, to adjourn. !!otion carried unanimously. Meeting adjourned at 12:02 a.m. Peepectfully submitted, C~~ Harcel A. Peach Recording Secretary { j l/ I~·t* ..,/' 7£/ ,t' I I (Jp(