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HomeMy WebLinkAboutCC February 20, 1979 ; . ~ o¡ ANDOVER REGULAR CITY COUNCIL MEErING - FEBRUARY 20, 1979 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on February 20, 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 interested residents Discussion - John Weaver, 19B Representative Mr. Weaver made the Council aware of the fact that though the legislature is just starting in their hearings of bills, the time is fast approaching when any matters of concern from a local standpoint requiring legislative action be expressed in bill form. He also presented the Council with a spread sheet of a sampling of municipalities across the state of Minnesota comparing the populations, taxes levied, and state aids received. The state aid formula for municipalities uses the average of the 1970 and 1978 census, which greatly impacts the fast growing communities such as Andover because some of the population is not reflected in the census due to this averaging. He stated this disparity in the state aid formula for municipalities is going to be getting a good deal of attention. He explained how the formula is actually working to the dis- advantages of a growing community like Andover; whereas the older communities are substantially better off because they are not having the growth of service requests that growing communities have. Mr. Weaver also stated that Alan Rouse, owner of 22 acres which stores 5 or 6 million tires off of Bunker Lake Boulevard, has demonstrated a new machine for shredding tires. This machine takes the center portion of the tire and leaves the two beads, and Mr. Rouse is planning to market the beads as perforated underground drain tile. His source of sale for the shredded tire is potentially to the power companies. The burning of the tires causes a good deal of pollution, except that the stacks in which this is burned are equipped so the wastes coming out is no dirtier than the coal they are burning. Mr. Rouse needs some help from the PCA. Mr. Weaver discovered that in their budget this year, the PCA has $30,000 for research in the area of shredding tires but it is not interested in making a grant to a private party. :But the County is anxious to have a nuisance cleaned up and possibly provide a source of alternative energy. Furthermore, the County feels they could probably request that money and then use it in the form of a private contract with this business. Mr. Rouse's long-range project involves four machines, three of which would be portable going to various places around the State with one machine left here. It was Mr. Weaver's understanding that the area of tires would be cleaned out. If the City is interested in having that pursued, he would like to spend some time on it. The general feeling of the Council was that it would be very much appreciated if that could be cleaned up and felt there would be no problem with Mr. Weaver pursuing it further. In response to questions by the Council, Mr. Weaver stated that he serves on the Local and Urban Affairs Committee and Appropriations, and he wasn't sure to what extent hearings had been held relative to the changes in the limited market values. There are projections that the court ruling is not going to have an adverse impact on residential properties. Relative to the election of Metropolitan Council Officials, he stated he would hesitate to want another level of government created that would have the taxing power that that level would have and that would have the ability to far overshadow the work of the county as is now constituted. He would want to have a lot of limitations placed on the power of an elected Council. He felt that the Council now known as the Metro Council has exceeded its original intent, and he had some great concerns about that. ~ "'.~...- .---- Regular City Council Meeting February 20, 1979 - Minutes Page 2 (Discussion - John Weaver, Continued) Mr. Hawkins stated that gTowing communities in this area are having problems with the imposition of land use controls concerning regulations of subdivisions and lot sizes, etc., and noted a bill which was drafted by the Metro Council legal staff. Ii' the Metro Counoil is imposing another land use act, there may be a need to update some of the municipal plannillg to expand some of the authority of municipalities to regulate land use. From a legal standpoint, he would like to see Mr. Weaver's Committee focus on that and realize there are some problems in regulatillg this. Mr. Weaver stated that they just had a review from the House research on that bill, and he felt that it is excellent because it does return to the local municipalities much of the controls that the Metro Council has had in unplatted subdividing that is beyond five aores which the City has had no control over. He will send copies of that bill to the City Council. Mr. Weaver also explained that the bill that created the Metropolitan Sports Facilities Commission, ill his judgement, is a good bill. It gave a lot of power to the Commission, including the right to operate any sports facility within the metropolitan area, the right to build, to lease, and to manage. The money that the Commission gets to build the facility comes from a revenue bond sale by the Metropolitan Council. Those bonds derive their debt service from the revenues generated by the facility built. Before the Metro Council can sell those bonds, they must be satisfied that the Commission has done a number of things, including obtailling the two major league teams' leases which will run concurrent with the length of bond term. In addition, they must have guarantees from the two leagues that there will be a franchise located in the community for the full lease term. Land must be made available free, there are limitations on the costs, and four separate possibilities are named. As a further enrichment to the buyers of the revenue bonds, the law requires that a 2 percent liquor tax be levied, which commenced its collections on August, 1977. That tax will contillue to be collected until the funds available equal three consecutive yearø debt retirement needs. It is a blinking tax because it can go on, terminate when monies in reserve are sufficient, and go back on again when the reserves are used up. There is no way that the general revenue of the metropolitan area, real estate taxes, can be encumbered. Basically, he felt the structure and the framework of that law is sound. And for the legislature at this point to come back and subvert that by eliminating that guarantee, the 2 percent liquor tax, would be rather unfortunate. He believed that the teams here have been good for the economy and the qualify of life and are needed in this area. Mr. Weaver's telephone No. is 296-3454, and he stated he is delighted to be representing Andover and the other municipalities. Resident Forum Bob Palmer, 2540 140th Avenue - wondered if some no-parking signs could be placed on the back .door of the buildillg, as it is blocked agaill tonight. In case there would be a fire, it would be difficult to get the vehicles out of there. The Clerk was directed to take care of this. A¡;¡enda Approval MOTION by Jacobson, Seconded by Orttel, that we accept the Agenda for the February 20 meeting with the deletion of Item 5b and 5d and the addition of Item 5f, Irregular Lot Assessment Policy. Motion carried unanimously. CSAH No. 9/County En¡;¡ineer Paul Ruud and Bud Redepenning, County Highway Engineers were present. Mr. Davidson testified that TKDA has reviewed the preliminary plans. Mr. Ruud explained these plans Regular City Council Meeting February 20, 1979 - Minutes Page 3 (CSAR No. 9/County Engineer, Continued) for the reconstruction of Co. Rd. 9 from Bunker Lake Boulevard south to Trunk Highway 10 were approved once before; however, two minor changes have been made. There has been a minor change in alignment of about two feet. And as far as he knew, the plans now meet with City staff approval as far as contents. Mr. Redepenning explained there was one street entrance change which the County agreed to and one tree which TKDA recommended saving, and they had already listed it as being saved. The entire route is 1 mile in length; the part that is in the City of Andover is 1/2 mile. This will be built to a 48-foot section, will start out being a two-lane road- way, but is expected in the not too distant future to be four traveled lanes. Most of the area is typical ditch country-type section, except the area in Andover, which is mostly birm section. storm water will be carried to the west in an underground storm sewer system. The basic alignment is as is presently traveled with some variation on the north where it veers to the west somewhat. There will also be temporary construction on the north end of the project, which is being done to accommodate signalization for the job that will come up after this. Although a signal will not be a part of this project, the roadway will be built so that as soon as the next job comes along the signals will be put in. The roadway will be built under traffic with no detours. Estimate of the project is $323,430, and there will be no cost-sharing from the City. It is anticipated that the road will be reconstructed this construction season. The County does not plan for ligh~at any intersections; that comes from the cities. A lot of times the signal poles extend farther up and lights can be put on them. The island will not be put in at the intersection at this time but will be done with the next job. Mr. Davidson stated that extending the City sanitary sewer to that area should not have any effect on the road as that is the end of the corporate limits. The only thing that the City may want to put through there in the future is a storm sewer outlet. Mr. Redepenning stated that that was given much discussion several months ago. Mr. Ruud explained that on the north project, they have reviewed all the information from the public hearings and have decided there was not any information that came out of the hearing process that would cause them to change the location of the road. Their intent now is to rebuild along the existing No.9. They are presently working on the designs and studying to see if some minor realignments could be made south of Round Lake to try to cut down on some of the effects of some homes. He expected it would be late fall before they would have a letting on that project. Therefore, construction would be in the early part of 1980. He also explained that there would be City participation on the signalization at that corner of Bunker Lake and Round Lake Boulevards, but there would be some division with the City of Anoka as well. They will be coming back to the City with this as the next plan develops. On street lighting, County policy is that they don't put any street lights up. street lights are put there and paid for by the city. The exception is that on an intersection that is signalized, sometimes lights are put way up on the top of the pole installed as part of the signal installation. But even then there is municipal contribution and each municipality picks up the power costs for operating the lights. MOTION by Jacobson, Seconded by Peach, that the City Council, City of Andover, pass Resolution 13-9 for Plans for State Aid Project No. 02-609-02 showing the proposed alignment, profiles, grades and cross-seotions, together with specifications and special provisions for the construction of the County State Aid Highway No.9 within the limits of the City as a Federal Aid project have been prepared and presented to the City, and authorize the Mayor and City Clerk to sign documents to execute the forms. Motion carried unanimously. 'Regular City Council Meeting February 20, 1979 - Minutes Page 4 1975-1 Sanitary Sewer Assessment/Anderson, Thedens Errors were found in that two parcels were assessed for more front footage on the sanitary sewer project than for the street improvement project. Mr. Davidson stated that on Mr. Theden's Parcel 5930 an actual error was made in the computation. In Mr. Anderson's Parcel 6290 they had to reduce the actual computed footage. He is in agreement with the proposed re.bates. MOTION by Lachinski, Seconded by Orttel, entering a Resolution authorizing a rebate of assessment charges for sanitary sewer assessment 1975-1 for Parcel 5930 and Parcel 6290, Plat 65933... (Paroel 5930 - front footage was based on 147 feet for sanitary sewer, to be reduced to 139 feet, resulting in a rebate of $130; Parcel 6290 - front footage based on 171 feet for sanitary sewer, to be reduced to 158 feet, resulting in a rebate of $195) Discussion: Mr. Thedens Parcel 5930 has prepared the sanitary sewer assessment; Mr. Andersons paroel 6290 has not. Mayor Windschitl ~uestioned if Mr. Anderson's rebate should be abated rather than sending a voucher out. Mr. Hawkins stated that in order to abate it, the entire assessment role would have to be recalculated and recertified, which would be a lot of work. He didn't know of anything in the Statute prohibiting either method, and he felt this would be the easiest method for bookkeeping, etc. Mayor Windschitl was not in favor of rebating the money on this one. Assuming this assessment transfers from one property owner to another, one theoretically could pay the entire assessment and a wrong amount would be paid all the way through. The proceeding owner could receive the check and not reduce the principal amount, and there could be an injustice in the payment if the house is sold. The Clerk was directed to go through the normal refiguring in abatement for the $195 to Parcel 6290 and to present a resolution to that effect at the next regular Council meeting. CHANGE TO THE MOTION by Lachinski to delete all references to Parcel 6290 and related information in the Resolution. Second still stands. (See Resolution Rl4-9) Motion carried unanimously. North Birch Creek/Preliminary Plat MOTION by Jacobson, Seconded by Lachinski, to return the North Birch Creek Preliminary Plat back to the Andover Planning and Zoning Commission for continued public hearings and consideration. Motion carried unanimously. Irregular Lot Assessment Policy MOTION by Orttel, Seconded by Jacobson, that the assessment policy provision developed by the Engineering firm be referred to the Finance Committee for their recommendations. Motion carried unanimously. Volunteer Fire Department Report Fire Chief Bob Palmer stated the officers met with the Anoka Fire Department officers last Friday night, and they plan to have another meeting shortly. He has updated Central Communications and told them tentatively the Department plans on going back into service the First of April. Chief Palmer also gave a current roster of firefighters to the Council. Other Committees/Ground Breaking' Ceremon.v for PSB Mayor Windschitl stated he has received a definite commitment from John Weaver to attend the gTound breaking ceremony for the Public Services Building. The ceremony is scheduled for 7:30 a.m., Monday, February 26. The Clerk will contact the Anoka County Union. - -_.~...... Regular City Council Meeting February 20, 1979 - Minutes Page 5 Liquor Stu~v Committee Councilmen nominated the following residents to the Liquor Stu~ Committee: Mayor Windschitl nominated Jim Elling and appointed him Chairman; Councilman Jacobson nominated George Neumann; Councilman Lachinski nominated Charles Veiman; Councilman Orttel nominated Larry Retzlaff; Councilman Peach nominated Jack Brock. MOTION by Orttel, Seconded by Lachinski, that the Council establish a committee to stu~ the alternatives available to the City concerning the issue of liquor and that the committee consist of the following people: Jim Elling, George Neumann, Charlie Veilnan, Larry Retzlaff, and Jack Brock, and that Jim Elling be appointed as Chairman of that committee. Motion carried unanimously. MOTION by Jacobson, Seconded by Orttel, that the following be the charge for the Andover Liquor Stu~ Advisory Committee: The Andover Liquor stu~ Advisory Committee is charged with advising the Andover City Council on the following matter: Should the City allow the retail selling of liquor, either on sale or off sale, within the city limits of the City. If the committee shall decide on the affirmative, the committee shall advise the Council whether the City should engage in either off sale or on sale liquor sales, or both. Or, if the City should consider private off sale and City on sale, or City off sale and private on sale, or, if there should be private off and on sale of liquor in the City. The committee shall hold at least one public hearing on the matter. The committee shall provide a written recommendation for a course of action and its reasons for the recommendation to the City Council by no later than May 25, 1979. The committee is also empowered to use City facilities for such public hearings as may be necessary and for committee meetings. All meetings of the committee shall be public. The Council alsc authorizes the use of City staff to assist in gathering data and for the typing of such material as the ccmmittee deems necessary. Discussion: was on whether the public hearings should be held jointly with the City Council. Consensus was that the hearings would be more effective if they were not held jointly. The advisory bo~ would hold the public hearings and the Council then gets the recommendations from it. Motion carried unanimously. Secretarial Position The Clerk stated that to date no applications have been received, and she felt that it should first be decided whether the position is going to be split between that of clerk typist and P & Z Recording Secretary or left as is. She has had some inquiries about the Recording Secretary position. Councilman Orttel stated he will be calling a Personnel Committee meeting for next week and should have a recommendation for the Council by the next Council meeting. The Clerk also stated at the present time with some temporary help they are getting by in the office but expressed~ desire to have someone in the position as soon as possible. She also stated that/ e position is for strictly olerk typist, she would be using the Stanton averages to recommend starting salary, depending on the applicant's qualifications and experience. License/Muscovitz This evening the Council reoeived a copy of a February 20, 1979, memo to Ray Sowada from Robert Muscovitz which appeared to be his resignation from employment with the City. The Clerk stated that he may not have the amount of vacation time coming as was noted in the memo. MOTION by Peach that we accept the resignation of Robert MUscovitz effective March 2, 1979. Motion dies for lack of a second. Discussion: Councilman Lachinski stated he has a problem with this not knowing what Mr. MUscovitz is intending with the vacation if he doesn't realize he doesn't have vacation. The Clerk noted he does have some vacation time coming, but not a full week. - - -- ~~... - Regular City Council Meeting February 20, 1979 - Minutes Page 6 (License/Muscovitz, Continued) MOTION by Jacobson that the City Council, City of Andover, accept the resignation of Robert A. Muscovitz. Motion dies for lack of a second. During discussion it was hoped that the Personnel Committee would look at the job description of this position and make a recommendation as to whether the position would remain the same or become similiar to the Senior Public Works person position. This item to be continued to the next City Council meeting. Approval of Minutes January 11, 1979: Correct as written. January ,0, 1979: Correct as written. February 6, 1979: Page 7, under Addition to Motion by Laohinski, second line: ". .. was being accepted and that the $4,078.88 is being provided in cash...": intent of the motion is that the money is being provided by the developer. To clarify, insert: "...$4,078.88 is being provided (by the developer) in cash..." MOTION by Orttel, Seconded by Jacobson, that the Minutes of January 11, January 30, and February 6 be approved as corrected. Motion carried unanimously. Approval of Claims MOTION by Jacobson, Seconded by Orttel, to approve Claims Number 2347 through 2375 with the voiding of Check Number 2359 in the amount of $17,826.02. Motion ca=ied unanimously. MOTION by Peach, Seconded by Lachinski, that we pay the Claim Number 2317 for $35. Motion carried unanimously. MOTION by Orttel, Seconded by Peach, to adjourn. Motion carried unanimously. Meeting adjourned at 9:17 p.m. Respectfully SUb~ZL ~ ~ ~- \\ ~CA--- t(J. . 'Marc aA. Peach Recording Secretary -~_.~.,