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HomeMy WebLinkAboutCC December 18, 1979 ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER 18, 1979 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings a. Andover Auto Parts - License Denial b. RiteAway Auto Parts - License Denial S. Legal and Engineering a. Lot Split - A. Stenquist b. Feasibility Report - E~ of SW\,Section 33 c. Replacement of Corner Stakes d. Sewer Rates e. VarÅ“aoce - D. Fluth 6. Ordinances and Resolutions a. Variations to Street Standards b. Moratorium Ordinance c. 7. Petitions, Requests, Communications 8. Reports of Commissions, Committees, Boards 9. Unfinished Business a. Animal Control Contract b. 10. New Business a. Levy Limit Meeting b. Hennepin County Purchasing 11. Approval of Minutes 12. Approval of Claims 13. Adjournment ~ - CITY 01 ANDOVER M E M 0 RAN 0 U M TO: ~1AYOR ANn !':OUN!':TI COPIES TO: ATTORNEY. ENGINEER. STAFF FROM: CITY ClERK¡a.ÞDM. DATEc: DECEMBER 13, 1979 REFERENCE: AGENDa INFDRMaTIQN DECEMBER IS, 1979 Presentation of Commendations Certificates Fire Chief Bob Palmer, while working with his assistant, James Larson, for Anoka Electric Company, heard a fire call come through on December 5, 1979, for a structure fire w/people trapped inside at a location approximately one half mile from where they were working on electric lines. They immediately went to the scene to find a four year old child trapped inside on the second floor. The home was not completely enveloped in flames, however, the heat and smoke were so severe on thesecond floor they were unable to gain entry. They were told a child was inside. Whil e Chief Palmer was getting oxygen masks from the patrol car on the scene, Mr. Larson climbed to the second story and managed to pull the child out. In the process of lowering the child to the ground, he slipped on the ladder, injuring his ankle. The child was found to be not breathing; Chief Palmer immediately began first-aid techniques in the form of C.P.R. and labored breathing was restored. Due to the urgency of the situation, it was felt best not to wait for the ambulance but to transport the child to Mercy in the squad car. Chief Palmer and Deputy Peterson rode in the back of the squad with the boy and continued first aid. Breathing stopped again at least once during the ride in. The boy, Randy Gross, is now alright and was released from the hospital on Friday. In view of the heroism displayed by both men, the City Council, at the December 10 Meeting, ordered plaques for presentation at this meeting. The Anoka Union will be present for photographs for the paper. Item No. 3 - Agenda Approval Please add the following: Item Sf - PCA Meeting/Wastewater Grant Item 10c- Year-End Meeting Item No. 4a - Pu~lic Hearing (Andover Auto Parts) This Hearing is to discuss the denial of the Junkyard License for the salvage yard; the reason being 1)lack of fencing on the south side pursuant to ordinance. Item No. 4b - Public Hearing (RiteAway Auto Parts This Hearing is to discuss the denial of the Junkyard Licenses for both yards operated as RiteAway Auto Parts; the reasons being 1) requirements of insurance and bonds for both yards and 2) Certificate of Occupany for yard at 1714 Bunker. - Agenda Information December 18, 1979 Page 2 Item No. Sa - Lot Split (Stenquist) This item is to be continued to the January 15 Meeting. Mr. Stenquist has not completed the survey of the property. Item No. Sb - Feasibility Report (E~ of SW\, Section 33 Enclosed is the feasibility report covering street improvement for this area. A resolution is required to set the date of the public hearing. You will find a proposed timetable included in the Report from TKDA. Authorization is also required for T.K.D.A. to prepare preliminary plans. (you have received a memo covering costs for such plans). Sometime ago it was mentioned by members of the Council to have the Council initiate street improvement for 138th Avenue (M-2 Area) at the same time another street improvement was proposed in an area nearby. This to be done to save costs which usually are considerably higher on very small projects. Does the Council wish to proceed with 138th at this time? If so, a motion is needed to request the engineer to prepare a feasibility study. Item No. Sc -(Replacement of Corner Stakes) You have received correspondence from TKDA requesting approval to replace the corner stakes on a property in the Meadowcreek Area. The costs for such replacement are estimated to be $300.00. It appears these stakes were not put back following removal for street construction. Up to the present, a policy has not been established relative to replacement when removed by the City or an Agent of the City. Item No. Sd - Sewer Rates Attached is correspondence covering the proposed 1980 Sanitary Sewer Fund Budget; and the request to raise the rates to cover expenditures. An increase in the rates will require a change to Ordinance No. 32, Section VIII, A and B1. Item No. Se ~ D.Fluth (Variance) To-date no information has been received from Mr. Fluth or his neighbor. Item No. Sf- PCA Meeting/Wastewater Study Grant The PCA held a pre-application meeting at the City Hall on December 12, covering the available grants for wastewater studies in specific areas. You have received correspondence from TKDA, requesting to perform the studies at an estimated cost of $22,000. This is on a 90% grant. The PCA was not definite as to whether funds would be available for construction should the study determine it to be needed. This is not mandatory; it did seem to be the opinion of the PCA representatives that if the study were not done and problems with the septic systems in the outlined areas surfaced somewhere in the future, it could jeopordize the City's chance to secure funding at that time for construction. The Council must decide if they want to proceed with the study as the due date for applications is December 31. Item No. Sg - Rum River Ordinance Revision Tom Lutgen of the DNR would like to discuss with the City Council the deletion of the provision in the proposed ordinance which addresses combination of lots not meeting the 60% requirement. The DNR does not want this provision removed. Agenda Information December 18, 1979 Page 3 Item No. 6a - Variations to Street Standards Attached is a proposed resolution allowing the City Engineer to vary the provisions of the adopted standards in areas of existing development where adherence to such standards creates numerous problems such as ditches which cannot be maintained, destruction of landscaped yards, driveway elevation difficulties, etc. Item No. 6b - Moratorium Ordinance Attorney Hawkins is researched the legality of the City placing a moratorium on an area which already has used the Statutatory allowances for such moratorium. To-date a report has not been received from him, other than a time frame of up to three months can be expected for an Attorney General ruling. Item No. 8a - Planning & Zoning Commission Attached is a listing prepared by the Planning & Zoning Commission Chairperson showing the disposition of all matters handled by the P&Z during 1979. You will note several items remain open. Most of these are cases in which the applicant was requested to secure additional information and return, however, no correspondence or word has been received from that applicant. Inasmuch as regulations and ordinances are changing constantly, there is a question as to whether they should be left "open". Ms. Bosell will cover this with you at the meeting. Item No. 8b - Park & Recreations Commission The Park & Recreation Commission did show an increase in per diem for member attendance at meetings; the 1980 Budget was approved with such increases. Before additional monies can be paid in 1980, it is necessary for the Council to make a motion increasing the compensation. Proposed is: Chairman $15.00 per meeting (including Council Meetings attended) and $10.00 per member per meeting " Item No. 8c - Volunteer Fire Department No report received to-date. Item No. 8d - Personnel Committee Attached is a copy of the revised Administrative Policy being proposed by the Personnel Committee. I have also attached a schedule for allowances for Seminars, Meetings, etc. The Committee's proposal makes it very difficult to budget for meetings as nothing is determined until the employee brings it before the City Council during the following Budget Year. Almost every Department Head has some type of meeting each month--this means two to three additional agenda items every meeting. The re-occuring type meetings are those such as l)North Star, 2)Anoka County Clerk's and Finance Officers, 3) Public Works meeting. The schedule I have proposed would tell everyone in advance whether to plan for particular meetings or not. Item No. lOa - Levy Limit Meeting This meeting is being held in the Metropolitan Area on Wednesday, January 9. Doe> the Council wish to attend? * Nancy Hageman is requesting a few minutes to cover the Fall Community School Program. Agenda Information December 18, 1979 Page 4 Item No. 10 - Hennepin County Purchasing Attached is an Agreement with Hennepin County Purchasing. Entering into this Agreement will allow the City to purchase items such as office supplies, insurance, equipment, etc. at Hennepin County price. Item No. 10c - Year-End Meeting A meeting is needed as close to the end of the year as possible to pay bills, approve minutes and clean up year-end matters. Item No. 11 - Approval of Minutes November 15, November 20, December 6, December 10 ~~ Patricla . ln qU1St - lty Clerk , I --. ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER 18, 1979 mNUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on December 18, 1979, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson; City Clerk, P. K. Lindquist; and others Residents Forum Charlie Veiman, 13646 Crooked Lake Boulevard - stated that all of us as citizens of Andover should take time to thank the people on the Council for a very fulfilling job being done for the residents. Personally, and for many of the people who do live in Andover, he expressed appreciation for the job the Council is doing, thanked the Council for the job done, and wished Seasons Greetings to all. Norman Myhre, 13528 Jonquil - explained a problem he has with his sanitary sewer, notlng it was lnstalled ln October, 1977; the road was finished October, 1978; the sewer backed up in November; a plumber repaired it and the City paid for it with the understanding there was sand in the main from the street construction. The following May, the same thing occurred, at which time the plumber estimated there was sludge at about 95 feet out. He has 100 feet of line between the house and the main and is at the end of the line. It plugged up again this November. The problem is somewhere between the house and the main. He felt it is most likely in the stub close to the main; that the line is new; and that it was constructed poorly or during road con- struction some of the heavy equipment has caused the line to bow slightly which caused it to collect sludge or sand. He was concerned because of the cost of cleaning, which is amounting to about $100 a year in addition to what he pays for sanitary sewer fees, but also because of the negative impact this problem could have on the salability of his house. He asked what the City would be willing to do if it were in the area between the stub and main. During discussion, Mr. Davidson reported that in most cities, it is the homeowner's responsibility for the line from the house to the main in the street, and the city normally picks up the repair cost if the problem is the result of contractor error. But at the end of the main line, the city should be flushing regularly as a regular maintenance standard. Normally it is the responsibility of the homeowner to show that it is not his fault; and in order to do that, he has to open up the line and have the city inspect it and ascertain what the problem is. Mr. Davidson felt that the line could be opened at the stub and at the main, then make a determination if there is adequate drop. If the problem lies with the contractor connecting the sewer for the homeowner, the responsibility would revert back to that contractor. They have drawings that show the main in the street and the stubs, but don't have a specific elevation. Council agreed that Mr. Myhre would contract to open up the line; City staff and engineers would examine the line to determine the problem. If it is determined that the City is at fault, the City will pay for the correction. However, the City cannot expend money for anything on private property, just on the right-of-way portion. Hr. Myhre stated he would probably open up the line himself at the stub. Agenda Approval MOTION by Jacobson, Seconded by Orttel, that we accept the City Council Agenda meeting for Oecember 18 as published with the Addition of Sf, PCA Meeting/Wastewater Grant; g, Rum River Ordinance; 10c, Year-end Meeting; d, Emergency Housing Facilities; and 9b, Cemetery. Motion carried unanimously. Regular City Council Meeting December 18, 1979 - Minutes Page 2 PUBLIC HEARINGS Mayor Windschitl opened the public hearings on Junkyard License Denials at 7:45 p.m. Andover Auto Parts David Foster, 21350 Rum River Boulevard - stated that in the last week they have put up a little over 300 feet of fence on the south side. This completely screens them for the residents on the south side. They have about 100 feet left on the south side and have been clearing the debris on the ground so they can install the remainder of the fence. It is about 60 percent cleaned up and ready for fencing right now. Mr. Foster stated they could have the fence completed in one month as the posts are in already. It was the Attorney's recommendation to continue the public hearing until one month from now, put it back on the agenda for the second meeting in January, with the understanding that if it isn't completed at that time, they won't be issued a license. MOTION by Jacobson, Seconded by Orttel, that we continue the Public Hearing for the permit for Andover Auto Parts for Junkyard License to the second regularly scheduled meeting in January, 1980. Motion carried unanimously. Rite-Away Auto Parts The Clerk indicated that neither the insurance nor bonds have been received to date, nor has a Certificate of Occupancy been granted. John Imre, 15844 Sycamore - operator of Rite-Away Auto Parts, stated he had told his lnsurance agent to call the City relative to the insurance and bonding requirements. If it hasn't been done, he stated it was his fault for not following through; but he had talked to his agent the day they received the notice from the City. Dave Almgren, Building Inspector - stated that he has talked to Mr. Imre's manager and inspected the yard and building, noting what needs to be done to comply with regulations for Certificate of Occupancy. Some plumbing work needs to be done, getting the bathroom fixed, clean-up work, etc.; and he felt this could be done in a couple of weeks. Mr. Imre stated when they purchased the business about l~ years ago, a lot of the things were done before they got in there. But they have just started to comply with the regulations since the inspection. He stated they will work off the list until all regulations are met to obtain the Certificate of Occupancy, and he felt a majority could be completed in four weeks. The painting of the exterior is a summer job. Mr. Imre also stated that the trees were placed three/four months after they took over the business. They were 18 inches tall when they were planted. Councilman Lachinski expressed concern over the quality of the fence, feeling that the top of the fence should be even, and suggesting it should be painted to make it attractive. He also requested the Clerk to research to see if the Special Use Permit granted for this business was for a limited time period. Council generally agreed to continue the hearing untij' the second meeting in January, but that this would be the last continuation; and if the yards do not comply at that time, they will not be issued a license. MOTION by Orttel, Seconded by Lachinski, that we continue the matter of the Rite-Away Junkyard License to the second meeting in January to allow the applicant time to conform to the screening provisions of the ordinance and to get a Certificate of Occupancy for the building on the property, and to comply with the insurance and bonding requirements of the ordinance. Motion carried unanimously. Rite-Way Auto Parts Mr. Imre also represented this yard. The Clerk explained that Mr. Batson is the property owner and has paid for the junkyard license; however, Mr. Imre leases it and is the operytor. Copies of the bond and certificate of insurance are the only things needed for comp lance. Regular City Council Meeting December 18, 1979 - Minutes Page 3 (Public Hearings - Junkyard Licenses, Continued) MOTION by Orttel, Seconded by Lachinski, that the matter of Rite-Way Auto Parts be contlnued to the second regular Council meeting in January to allow the applicant time to comply with the insurance and bonding requirements of the ordinance. Motion carried unanimously. Public Hearings continued to January 15, 1980. 8:04 p.m. Lot Split - A. Stenquist MOTION by Orttel, Seconded by Lachinski, that the Art Stenquist Lot Split be continued to the second meeting in January. Motion carried unanimously. Feasibility Report - E\ of SW~, Section 33 Mr. Davidson stated they had reviewed the original feasibility reports and updated them, and have reviewed the storm drainage and cut it back to a minimum drainage system. Also, they did not show four or five different alternatives to be presented at the public hearings. To date they have not expended $4,000 on the feasibility study, and had no objection to cutting that in half if the Council desires. Normally it takes about one percent of the cost of the improvement project to provide the feasibility report. The Council had not set a figure when ordering the feasibility reports. Mayor Windschitl stated that when this area was studied previously, it was his under- standing that an interior-lot drainage system was studied, not draining directly into lake. That is one of the reasons the City acquired the DeGardner lot. Mr. Davidson stated he has talked with Mr. Kasma about this. The system they have proposed does not drain directly into the lake, but they are providing an emergency overflow from the pond as was done in Meadowcreek Estates. The costs are not included in this estimate if the City has to excavate the ponds. But to provide an emergency overflow and use the pond in the natural state as proposed, he saw no requirement for excavation. The estimated assessable front foot cost for street, curb and gutter, and storm sewer is $37.59 a front foot. That price also includes quantities for the driveways to the property line. By going bituminous birm rather than concrete curb and gutter, the cost would be reduced by $5 per front foot. Council discussion was of their concern over the cost of the project, feeling the residents would be opposed to $37.59 a front foot for roads; that with the contingencies and engineering, the assessable front foot cost for the curb and gutter portion of the road would be approximately $12.12; questioned if going bituminous birm would result in a greater reduction in front foot cost than the $5 estimated by the engineer; questioned whether the street standard of 32 feet width is necessary; that some people within the project area would prefer narrower streets; that the stub off 133rd to the lake has been vacated by the City and should not be included in the project; that 13Sth is a public access to the· lake, but suggested that it be paved and use the blacktop to carry the water, which would require a valley gutter through the driving surface. It was agreed the street standards should be addressed prior to acting on the feasibility report. It was suggested that at the first meeting in January, a date be set to discus the City's street standards and the feasibility report be continued until a decision is made on the street standards. Councilman Orttel stated he would be in touch with the people who carried the petition to explain the situation. MOTION by Peach, Seconded by Lachinski, to continue the feasibility report on the Street and Drainage Improvements for 133rd Avenue NW and the surrounding area until the first meeting in February. VOTE ON MOTION: YES-Jacobson, Lachinski, Peach, Windschitl; PRESENT-Orttel, as he is directly affected by the project. Motion carried. --.. - Regular City Council Meeting December lB, 1979 - Minutes Page 4 Commendation Certificates to Palmer and Larson Mayor Windschitl expressed deep appreciation to Jim Larson and Fire Chief Bob Palmer for saving the life of four-year-old Randy Gross on December 5, 1979, by rescuing him from a house which was on fire. Mayor Windschitl read the citation given to Chief Palmer by Anoka County Sheriff Ralph 'Buster' Talbot. He then presented both Mr. Larson and Chief Palmer with Resolutions of Commendation and a plaque expressing appreciation on behalf of the City for their meritorious service. MOTION by Lachinski, Seconded by Peach, introducing the Resolutions as read. (See Resolution R101-9 for meritorious services of James Larson; See Resolution R102-9 for meritorious services of Robert Palmer). Motion carried unanimously. Replacement of Corner Stakes Mr. Davidson reviewed the problem of the corner stakes not being replaced following their removal for the street construction project in the Meadowcreek area. Because Comstock and Davis has all the records of the original land survey, it was his recommendation that Comstock and Davis be authorized to replace them at an estimated cost of $300. Ordinarily the replacement of those steaks would be replaced as part of the construction project; however, this did not come to Mr. Davidson's attention until well past the year's guarantee that this particular area did not have those corner stakes replaced. MOTION by Lachinski, Seconded by Orttel, to replace the lot corners on Lot 24, Block 1 of Meadowcreek Estates as part of the 1978 Street Improvement Project in the Meadowcreek Estates area, and that the survey firm of Comstock and Davis be authorized to do the work at a cost not to exceed $300. Motion carried unanimously. Sewer Rates Council discussion was on the proposed 1980 Sanitary Sewer Fund Budget. Mr. Davidson was requested to check on the gate meter on the interceptor going into Coon Rapids to see whether or not it has been installed. This will monitor Andover's flow. It is suspected that in some areas of the City with groundwater problems, there may be ground water being drained into the system. The Clerk explained that the salaries estimated were 50 percent for Ms. Bakke,S percent each for Sowada and Stone. Discussion was on the cost for administrative work for the Sanitary Sewer Fund, questioning if billing, posting, etc., could be done more cost effectively. 'The Clerk was asked to check into service bureaus that process this type of billing. The Mayor stated he would contact the City of Anoka to see what system they use in administering their sanitary sewer fund and their costs. It was also suggested that collecting sewer fees once or twice a year might also reduce the administrative costs. MOTION by Jacobson, Seconded by Lachinski, that the City of Andover increase its wastewater use charges from the present $5 per month per unit to the rate of $6 per month per unit effective January 1, 1980, in order to meet the maintenance and operating costs; and at the same time instruct the City Clerk to issue a letter to those persons receiving wastewater user charges to explain the reason for the rate increase and the amount of the increase. Discussion: was that this is a 20 percent rate increase. The Clerk stated that in talking with other cities, they have had older systems and were charging more in the beginning to build up reserve funds, which they are using now. Andover's system is relatively new and we never had a chance to build up reserve funds because of the charges by Metro Waste. It was suggested that Ms. Bakke and the public works people log their hours to make an accurate determination of costs incurred for the sanitary sewer fund. Mr. Davidson was also directed to work with the staff to set up a system to determine where excess flowage begins and follow it through. Motion carried unanimously. Recess at 9:00; reconvene at 9:18 p.m. Regular City Council Meeting December 18, 1979 - Minutes Page 5 Variance - David Fluth Council had received a letter from Mr. Fluth's neighbor, Elbert C. Boulby, indicating he had no objection to Mr. Fluth extending his garage to within four feet of the property line. Mayor Windschitl stated that the Council needs to look at treating everybody the same as was done in the past and that granting this variance could be setting a precedent. Councilman Peach stated that even though no ordinance has been passed in the City relative to solar rights, the Council should be giving some consideration for this. Granting a variance for this garage could be setting a precedent for the future, and this garage would definitely infringe on the neighbor's solar rights. Councilman Lachinski didn't feel there was any problem as long as the neighbor didn't object and felt it might actually increase the value of the property. Attorney Hawkins stated he has never seen the argument advanced in this type of situation, but it could be argued that if a city allows something in, and if somebody could show that depreciation in value results from a city council action, there may be some basis for some action. Councilman Jacobson's opinion was that Mr. Fluth wants the garage for extra space, but the reason for granting variances is for hardships on the property or the land. He didn't feel there was a hardship in this case, as extra storage could be provided in the back. In reviewing the ordinance relative to the reasons for granting a variance, it was Attorney Hawkin's opinion that the question the Council needs to address is whether having a three-car garage side by side or having to drive around to the back is really a hardship. He felt that legally this variance can be considered, as it is a question of whether or not the facts presented constitute a hardship having to do with the 1 and. MOTION by Peach, Seconded by Jacobson, that the David Fluth Variance be denied because no adequate hardship had been established in accordinance with Ordinance 8. (See Resolution R103-9) VOTE ON MOTION: YES-Jacobson, Peach, Windschitl; NO-Lachinski, Orttel Motion carried. PCA Meeting/Wastewater Grant Mr. Davidson reviewed the TKDA Memo of December 17 relative to the 201 Planning meeting held at the Andover City Hall on December 12, especially pointing out that an estimated $15,000 in grants could be applied for, with the City having to pay 10 percent of that amount. The first step would constitute individual site inspections by someone from their environmental section who is familiar with on-site waste systems. Sometimes soil borings would be required, meeting with the owner, etc., whatever is required to make an evaluation of the system. Once those things are defined, the next phase is an adjustment of those systems that don't meet the code. He estimated they would probably have one year to 18 months to complete that study; however, the application for the grant funds must be submitted prior to January 31, 1980. Councilman Lachinski felt that this might be something that would help with funding for and help justify an in-house city engineer. Councilman Peach stated that it was brought out at the meeting that Andover was the last city on the list to be considered for giving grant money, and it appeared to him to be marginal whether or not the City should have been included. He outlined the various areas they recommended for study, including Chpaman's, which is in the sewered area and would have to be removed from the study for that reason. Councilman Peach also stated that it was mentioned at the meeting that the people noting the areas for study were over-enthusiastic about drawing their circles. One of the points they seemed to make is that the system does not have to fail to show that it is not functioning properly. Councilman Jacobson stated it could be dropped at any point, as it is a non-mandatory program. He wouldn't object going Regular City Council Meeting December 18, 1979 - Minutes Page 6 (PCA Meeting/Wastewater Grant, Continued) through the first step to find out what the study shows, as he thought it would show that there is no problem. If we don't do anything, they could come back later if we do need assistance, saying we never participated; therefore, we wouldn't get any money to fix any problems. But by going through the first step, we can say we did participate and found there wasn't anything wrong. Mr. Davidson stated if the Council agrees to proceed with the program, they should put together a work scope as to a more exact figure of the costs for the first phase of the program. He will find out whether TKDA would wait to be reimbursed for this program until the City receives the funding for it. MOTION by Orttel, Seconded by Jacobson, that the firm of TKDA be authorized to proceed wlth the 201 Facility Planning grant application and require that they come back to us with an outline of proposed work showing the costs On the project prior to beginning. VOTE ON MOTION: YES-Jacobson, Orttel, Windschitl; NO-Lachinski, Peach Motion carried. Councilman Peach - it seems superfluous to waste $20,000 on something that doesn't seem to be a problem. Councilman Lachinski - didn't think there was going to be much found out either. He felt it we could gather the data and have it available and at the same time be making some city employee familiar with the city and help pay for his salary, maybe it would be worthwhile. Councilman Jacobson - tends to agree with Councilman Peach, as it is kind of a waste; but if we at least take the first step, than we could prevent some repercussions at a later date. Rum River Ordinance Tom Lutgen, DNR representative,explained the procedures the DNR must follow by law, in that they must respond to the City's ordinance within 30 days and explained that several changes have been made by the City; therefore, correspondence received from the DNR will make reference to three different sets of correspondence from the City relative to changes to the ordinance. P & Z Chairman, d'Arcy Bosell, explained that a conflict exists between the City and the DNR over the provision of combining continguous lots under the same ownership, as the DNR's position is they will not approve the ordinance without that provision and the City has agreed to remove that section from the ordinance. She has reviewed maps and county records to determine how many lots this would actually affect; and as far as they could tell, four lots would be affected by.this provision. She pointed out where those lots are located. Mr. Lutgen explained that the DNR feels .that Section 5.03.02., which was dropped from the ordinance by the City, should be put back in; as they could not certify the ordinance without it. The attempt is to prevent overcrowding 'along the river. The 60 percent language is not in their regulations but was put in as a result of the public hearings. The provision is that lots which do not meet the 60 percent of the lot width requirement on the river frontage lots, are continguous under the same ownership, must be combined. Though this may not affect many lots in Andover, the regulations extend through the whole land use district, and there may be many lots affected by this provision in other counties. It is their objective to mair.tain a consistent standard up and down the river. Council discussion was on how could legal lots of records all of a sudden be declared illegal lots; that there may be more lots which may have been overlooked that are affected by this provision; questioned whether this provision would hold up in court; and that this is putting the City in the position of requiring the combination of lots when the Council doesn't feel that that is the correct thing to do. ~gular City Council Meeting December 18, 1979 - Minutes Page 7 (Rum River Ordinance, Continued) Mr. Lutgen read the regulations noting if the City does not make the change suggested by the DNR and the DNR would not certify the ordinance, the City then has 30 days in which it may demand a hearing. If no request is made, the notice of nonapproval becomes final. He felt then they woulô go through the hearings process and adopt an ordinance. Council generally felt that the ordinance as previously passed was acceptable; that the City is trying to protect those lots already existing by eliminating the contiguous lot provision; that the City generally is agreeing to everything the DNR is requiring except for this provision; and that it seems unreasonable that the DNR would be requiring this provision for Andover when so few lots are affected and, it was felt by some Councilmen, questioned whether it is even a legal provision; that it is discriminatory that lots have to be combined just because they are of the same ownership; and that the City has done a good job already in protecting the shoreline of the river. Mr. Lutgen also noted that the latest map received from the City showing the Scenic River District has some minor boundary errors on it. Section 5.02.01 - latest draft made a distinction between lots of record and new subdivisions or new lots. Mayor Windschitl explained that the reason for the change is that the City wants to be more restrictive than DNR regulations on new subdivisions and require 300-foot frontages. Mr. Lutgen stated there is an error in Section 8.03.01: change should read: ...NR79(i)(2).. No further action was taken by the council; the City will await written comments from the DNR Commissioner. Variations to Street Standards MOTION by Orttel, Seconded by Lachinski, entering a Resolution establishing criteria to use for the design of streets in developed areas of the City... (See Resolution R104-9) Discussion: Mr. Davidson stated it was his understanding that they would use the basic standards, but would point out the deviations. Mayor Windschitl stated it is expected that the Council would vote on each one of these variations. Motion carried unanimously. Moratorium Ordinance Mr. Hawkins reviewed his December 14 letter on his opinion on placing a moratorium on that portion of the rural area just east of the municipal urban service area as proposed by the Planning Commission. That area had previously had such a moratorium for one year plus a one-year extension. To date there have been no decisions interpreting the Statute relative to placing a moratorium on land use, as to wehther a one plus one moratorium is an exclusive, or whether or not due to a change in circumstances, another moratorium can be re-imposed on the land. If the City feels there is a valid planning purpose which was not addressed during the first moratorium, it would be conceivable to argue that the law does not prohibit in perpetutity the City from ever adopting another moratorium. If the Council chooses to impose this moratorium on that rural section again, he noted that the Council should be aware that there is some risk in that there have been no decisions in this area. At this point in time, if it is felt that there is a change in circumstances, he stated that the City could impose a moratorium on both the urban and rural service areas. Chairman Bosell stated they are still looking at rezoning that property along the rail- road tracks, and hope to get before the Coon Creek Watershed Board and the County Board in January to find out their criteria and how the County feels about industrial abutting their park. In talking with a representative of Burlington Northern, he was surprised Regular City Council Meeting December 18, 1979 - Minutes Page 8 (Moratorium Ordinance, Continued) to find out that the property along their spur was residential, as they thought it was industrial. Also, Mr. Cochrin, who owns the old soap factory, was never notified that the zoning was ever changed; and he would like to have it industrial. And Ms. Bosell also stated that there are also landowners in the area who are violently against it going industrial. Mayor Windschitl asked the Attorney to research the question of the rezoning the property along the railroad tracks from a legal standpoint, as to whether or not it was legally rezoned. There appears to be an error in the legal description and the zoning included land that was not intended to be rezoned at that time. Jim Merila, Planner for Merila, Hansen, Inc., and Mr. Eklund, owner of the property, 138 acres, bordered by Andover Boulevard on the north, the Coon Creek on the south, the railroad on the east and the MUSA line on the west, appeared before the Council. Mr. Merila requested that the Council not place the moratorium on their property because it is in the rural service area and had a moratorium on it previously. It is their interpretation of the State Statute that another moratorium cannot be placed on it again every time there is a change of opinion and/or personnel within the City. Mr. Merila indicated they would be happy to work with the Planning Commission to look at any change in zoning on the land, but would like to have a timetable on it, as he knew the length of time it can take government to make a decision on matters. They look at this as kind of a hardship, as they weren't aware of any consideration for the moratorium or a rezoning of the land until the end of November, which was after they had already submitted their sketch plan and were in the process of working on their preliminary plat. He requested some reaction back from the Planning Commission as to the use of this land by the first meeting in February if there is a serious effort in rezoning the land so that they could work that into their timetable for construction. Chairman Bosell stated their first area of concentration will be on looking into the zoning of the land along the railroad tracks to determine if it is reasonable, and hoped that that decision could be made by February. Several members of the Council indicated that the Watershed Board would not be giving any guidance as to the use of land along the creek; and some felt that the County park issue does not exist. It would be an engineering question if this area could be serviced with the Coon Rapids interceptor. Mr. Davidson expected that with the CAB interceptor available to the western portion of Andover, the logical expansion of the Coon Rapids interceptor service area would be east to provide for an orderly projection of the MUSA line. Chairman Bosell stated the questions that need to be answered that she has no expertise to answer is the logical extension of the sanitary sewer line, is the property marketable, and the accessability question. Mr. Merila stated he appreciates the problem the City is having with the 2\-acre lots within the urban service area, and stated one method of combating this in the outlying gray areas is to require cross streets, etc. There was also a short discussion on the sketch plan of the area proposed by Merila and Eklund, noting the problems with the park dedication, setbacks from the railroad tracks, and suggesting a possible trail system along the tracks. Mr. Merila stated for layout purposes, they are flexible and would be willing to dedicate park land along the railroad tracks. Council noted that if the rural area is left out of the moratorium, it should be determined as quickly as possible if the urban service area can be ext~nded to that area, as that is the most logical way for it to extend. First it must be determined if the land is already industrial; if not, is it desirable to rezone it to industrial; and if not, then possibly the developers of this property would be willing to work with the City to deal with the problems of future subdivision relative to 2\ acres in the urban service area. Regular City Council Meeting December 18, 1979 - Minutes Page 9 (Moratorium Ordinance, Continued) TKDA was asked to determine if there is any limiting factors like soils, etc., that would rule out industrial use for the area along the railroad tracks. Counc il generally agreed to institute a moratorium on development within the municipal urban service area only and made the necessary changes in the Moratorium Ordinance. MOTION by Orttel, Seconded by Lachinski, that the City adopt an Interim Ordinance regulating use and development of land within the City of Andover for the purpose of protecting the planning process, and health, safety and welfare of the City, as presented tonight, December 18, with the following changes: Under Section 3, Affected Areas; Supercedes: go down and delete the phrase "and the area from the east boundary of the urban service district to the east boundary of Sections 26 and 35 to the east from Andover Boulevard to Bunker Lake Boulevard"; change the term of the ordinance to six months from the date of adoption; Scope of Control: dates put in would be 12/18/79 to 6/18/1980; and move the adoption thlS 18th day of December, 1979; note, in Section 4, Scope of Control: "or unless such subdivision plat, site plan, rezoning has been filed with the Clerk's office prior to 12/18/79. The aforementioned restrictions shall apply to any property within the metropolitan urban service district. (The original draft said "shall not apply"); Also, delete the last 4~ lines of this section (from "Furthermore.." to "..Council."). ~10tion carried unanimously. Community School Report Nancy Hageman, Community School Coordinator, reviewed the fall community school program noting that they had 596 enrolled in the various classes held, with gun safety and babysitting being the most popular. She also offered a "Holiday Happenings" in which 107 children participated. Ms. Hageman presented copies of the winter session schedule which begins January 14. She stated that she has cut back on the number of classes hoping to increase the enrollment for those classes offered. She also informed the Council of the parent volunteer program she has been working on. Park/Recreation Commission The Clerk indicated that there was an error in the Joint Powers Agreement previously approved by the Council as one parcel of land the DNR is planning to purchase was inadvertently left off. MOTION by Orttel, Seconded by Peach, introducing Resolution R99A-9, a Resolution amendlng Resolution No. R99-9, effective December 5, 1979, a Resolution known as the Agreement between the City of Andover and the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources... (adding Lot 4, Auditor Subdivision 102, Plat 66092, Parcel 250), and authorize the Mayor and Clerk to enter into the Agreement of 12/18/79. Motion carried unanimously. Planning and Zoning Commission Report Council and Chairman Bosell reviewed the report indicating what the Planning Commission had done in the last year, particularly those items that are incompleted at this time. It was agreed that for those incompleted items of rezoning requests, sketch plans, etc., the applicants should be informed by letter that their applications are open; and if they do not indicate to the City their intentions, the City will consider the item closed due to inactivity. For those incompleted preliminary plats (Pond View, Menkveld, etc.,) the items should be placed on a published Agenda, after which the Council will move for denial of the item aS,no activity has taken place on it. Chairman Bosell thanked the Council for allowing her to be Chairman for this past year, as it has been very exciting, frustrating, but a real good learning experience for her. Mayor Windschitl also thanked her for serving so well. Regular City Council Meeting December 18, 1979 - Minutes Page 10 Volunteer Fire Department Assistant Fire Chief Tom May presented the Council with the October Fire Report and a new roster of membership. He also asked the Council to approve the application to the North Suburban Mutual Aid Association, noting that the Agreement has been signed by 16 cities. In order to make it effective for Andover, the total agreement has to be resigned by all cities, which will take about a year. Mr. May stated they have indicated that by letter of application and the payment of dues, they will start that process, but in the meantime will all agree to respond to mutual aid calls. MOTION by Jacobson, Seconded by Peach, that the City of Andover make application to jOln the North Suburban Mutual Aid Association, and agree to abide by the articles of the Agreement as set forth on November 30, 1977; and that we send $50 to cover the dues for the Association for 1980, and that we authorize the Mayor and Clerk to enter into and sign all the necessary documents. Motion carried unanimously. Assistant Chief May stated they are still working on the by-laws for the Relief Association and are waiting for information from the State as to how much money the City will be receiving. Council discussion was on the concerns of the City contribution to the Relief Fund during this year being tax exempt if the Relief Association is not set up and functioning at the time. Because there is $2,500 budgeted towards this Fund in 1979, and because of the time and not being able to finalize the Association by year's end, Council agreed to carryover the City's contribution for the Relief Association to 1980. MOTION by Orttel, Seconded by Lachinski, that the $2,500 earmarked for the Firemen's Rellef Fund be set aside at the end of the year 1979 for the purpose of going into the 1980 Relief Fund. VOTE ON MOTI ON: YES-Jacobson, Lachinski, Orttel, Windschitl; ABSTAIN-Peach, as he is a volunteer firefighter. Motion carried. Park/Recreation Commission MOTION by Orttel, Seconded by Peach, that the per diem compensation for the Park members be increased as follows: to the Chairman, $15 per meeting including Council meetings and $10 per meeting for members of the Park and Recreation Commission. Motion carried unanimously. Personnel Committee Discussion was on the Administrative Policy recommended by the Personnel Committee. Sick Leave, D: Extended Illness: Discussion was on whether or not that provision is legal and enforceable; that you cannot discriminate among illnesses but must enforce it uniformly. For the time being, it was agreed to eliminate this section and to check on the legalities of the provision. Paid Leaves of Absence, A: R6110ve words "such as" D: Questioned why, what is this charged for,' and how many times a year can it be done? E: What about absences of less than three days? Some felt that employees should be taking vacation time for leaves of absences. Because of the late hour and because of the problems some had on the policy, it was agreed to discuss this again at the year-end meeting (which was later set for December 27, 1979). Regular City Council Meeting December 18, 1979 - Minutes Page 11 Animal Control Contract MOTION by Orttel, Seconded by Peach, that we approve the Animal Control contract with Blalne Midway All-Pets, Inc., for the period of November 25, 1979, until November 25, 1980, and authorize the Mayor and Clerk to execute the contract. Motion carried unanimously. Cemetery/Registered Land Survey Attorney Hawkins reviewed the problem relative to the title problem with the cemetery. The City has agreed to take the cemetery over and maintain it. A Stipulation was drawn up setting out the description of the cemetery, with access off one of the platted roads. The land did not get platted, and the registered land survey does not follow the terms of the Stipulation. A separate Tract Y was created for the cemetery, and the access now has to be from a private easement to County Road No.7. Before the property can be transferred and Tract G can be sold, the City needs to approve a Resolution to allow the Mayor and Clerk to enter into a Stipulation to amend the original Stipulation, which is a part of the torrens proceedin~toprovide that the access to Tract Y would be satisfactory along the 30-foot strip. MOTION by Peach, Seconded by Orttel, entering the following Resolution...(read as prepared and presented by the Attorney) (See Resolution R10S-9) Motion carried unanimously. Levy Limit Meeting Council indicated that they would not be attending this meeting. Hennepin County Purchasing MOTION by Jacobson, Seconded by Orttel, that the City of Andover authorize the enterlng into a contract with the Hennepin County Cooperative purchasing procedure and authorize the Mayor and City Clerk to sign the documents necessary . to join. Motion carried unanimously. Year-End Meeting MOTION by Orttel, Seconded by Lachinski, that we hold our year-end meeting on Thursday, December 27, 1979. Motion carried unanimously. Emergency Housing Facility The Clerk explained that the County wants the City to set up shelters for people who run out of fuel to stay until they receive funding. Council directed the Clerk to investigate making an arrangement with the County to use their facilities. If this cannot be done, she is to bring it back to the Council's attention. Approval of Claims MOTION by Peach, Seconded by Orttel, that the City Council approve Check Numbers 2848 through 2890, excluding Check 2849 for $24,569.72; and Check 2644 totalling $399.94; and Check No. 177 for $77; Check No. 178 for $74,250; Check No. 340 for $5; Check No. 341 for $14.36; and Check No. 342 for $10,267.88. Motion carried unanimously. MOTION by Lachinski, Seconded by Jacobson, to adjourn. Motion carried unanimously. Meeting adjourned at 12:34 a.m. ~espectfullY SUb~ ~(\~ ~ Marcella A. Peach Recording Secretary