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HomeMy WebLinkAboutCC January 16, 1979 CITY 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 16. 1979 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings 5. Legal and Engineering a. MnDot Resolutions b. Acceptance of Easement - Hahn/Pletan c. Acceptance of Park/Hartfiel, d. 6. Ordinances and Resolutions a. Junkyard Ordinance Revision 7. Petitions, Requests. Communications a. Group Insurance-Insurance Services Center 8. Reports of Boards, Officers, Committees a. Planning and Zoning Commission b. Park and Recreation Commission 1) Community Schools/Hageman c. Volunteer Fire Department d. Other Committee s 9. Unfinished Business a. 10. New Business a. Verbatim Minutes /Bosell b. Elected Officials Seminar c. 11. Approval of Minutes 12. Approval of Claims 13. Adjournment - - . . ~ o¡ ANDOVER REGUL~R r:ITY COUNCIL MEETING - JAI:1JARY 16, 1979 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor tTerry \1'indschi tl on LTanuary 16, 1979, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard ~", Anoka, Minnesota. ~ouncilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present:. City Attorney, ~illiam G. Hawkins; City Engineer, John Davidson; Planning and Zoning Commission Chairperson, d'Arcy Bosell; and interested residents Pesident Forum ~aul Bertils of the ~om Thumb store on Seventh Avenue, would like an off-sale liquor 1 i.cense. Hayor 1,!!'indschi tl explainrl there 'have been a number of these requests in the "est. Several weeks ago it was suggested that a committee be created to look into liouor sold within the r:ity, whether it be r:ity-owned, private, or mixed. At present According to State law, the City cannot issue any off-sale or on-sale licenses to any- one except to the r:ity itself. If it were to be otherwise, it would have to be apnroved by the residents through a referendum. Hopefully at a meeting in February, it will be decided whether or not to create the r:ommittee to study this. Agenda ATmroval MOTIO~ by Orttel, Seconded by Lachinski, approval of the Agenda as pUblished with the addition of Item 10c, Park/Recreation Commission Vacancies. Hot ion carried unanimously. Mn/noT Pesolutions Mr. Davidson eXplained that normally these Resolutions have just been approved every year; therefore, they have changed them to be an on-going process so approval would not be necessary yearly. Discussion was that the Agency Agreement Mn/DOT 30774 has no trovisions for termination. Mr. Davidson stated that this document is in effect only on any federally funded projects from their inception to their termination. Hr. U.awkins was to review the Agreement and offer an opinion later in the meeting. Accettance of ~asement - ~ahn/Pletan Attorney Uawkins stated that because of the problems at the cul-de-sac on Blackfoot, tnere is a necessity to acquire draina~e easements from there into the river. Apparently the Glerk has s"oken to the parties involved, and they have agreed to grant the City a termanent easement for ditches or pipe or whatever is appropriate at no cost. The r:ouncil should accept them so they can be recorded Upon the owners' signatures. MO~ION by Orttel, Seconded by Peach, that the City accept drainage easements across Lots 10 and 14 of Block 1, Gedar River Hills Bstates. (See Resolution R2-9) Hotion carried unanimously. Acceptance of Park/Uartfiel Park/~ecreation Commission Chairman, Wes Mand, stated the land is rather low and swampy and is unbuildable but felt it could be filled in and leveled to be used as a park. ~his land has been included as a park in the Park System, as it was originally assumed it waS City property. MO~IO~ by nrttel, Seconded by Jacobson, that the City accept that part of Hartfiel's Rstates designated as "Park" according to the plat thereof in the Office of the County Pecorder; and authorize the Clerk to make payment for back taxas on the property of U9.07. (See Resolution p3-9) Motion carried unanimously. rye~ular City Council Meetin~ ,January If), 1979 - Minutes Pa~e 2 Lunds ~vergreen F.states/?reliminary Plat Consensus of the Council was that because no parkland has been dedicated in the Plat, the Plat should be referred back to the Park Board to determine which land would be most suit~ble for parkland. Mr. Mand stated it would be desirable to have lan~ as the Comprehensive Park Plan shows a park in that area. Mn~Tn~ by Lachinski, Seconded by Peach, to refer the Lunds Evergreen Estates to the Park/oecreation Commission to coordinate with the developer which property should be suecifted as park18nd. V(lT~ n~J H()TION: YES-Lachinski, nrttel, Peach, Windschi tl; PRBSENT-Jaconson, as he voted on this item as A member of the Plannin~ and Zoning Commission. Hation carried.. '?'-!n/n0!T' l"esoluttoTIs. Continued Attorney qawkins recommended that Paragraph 4 of the Technical and Englneerin~ Assistance A~reement he added as Para~raph 10 on the !~n/DO~ A~ency Agreement 30774, which gives the City the ri~ht to cancel the agreement upon 60 days' notice. MnTIn~ by Lachinski, Seconded by Orttel, authorizing the Mayor and Clerk to enter into the Minnesota Department of Transportation Technical and Engineering Assistance Agreement and A~ency Agreement with the addition making the Agency Agreement subject to cancellation by any party upon 60 days written notice. (See Resolution R4-9) Hotion carried unanimously. ,Tunkyard Ordinance Ms. Bosell stated the only change from the last time is the verbiage that was added by the Clerk requiring the fencing between the Special Use Permit and the issuance of the Junkyard License. Attorney Hawkins stated in view of the City's situation relative to the number of junkyards in the City, he felt confident if the zoning was chan~ed so there was no allowance for junkyards in the City, it could be upheld. He felt we have about reached the saturation point of junkyards existing within the City. In view of that, the City would stand a ~ood chance of sustaining an Ordinance by changing the zoning to eliminate it entirely, ~e sug~ested amending Ordinance R so there would be no junkyard uses allowed in any district of the City. Mayor Windschitl stated hopefully the Planning Commission could hold a public hearing on this fairly soon. If junkyards were not allowed under special use, it would si~ply be a matter of dealing with the existing junky~rds, which would be dealt with under this new Ordinance. TIiscussion on various points of the Ordinance were that when the Ordinance was drafted, r.hairman Retzlaff preferred to use the definition of IIJunk" as stated in Section 1.2; under Section 4.7, gasoline and ail shall be removed and disposed of in an approved manner -- Attorney Hawkins stated the PCA regulates this and felt the wording in the Ordinance woritl be adequate; Section 7.1, C}!~~fGE TO: One such inspection must have been made within two (2) months prior to removal of any junkyard license; and Section 5.1 (a), Include the Clerk's recommendation requiring fencing between the Special Use Permit and the issuance of a Junkyard License. It was also noted that criteria is set out for determining whether or not to issue a Special Use Permit¡ and those same things would be looked at when granting the license. Regular ~ity Council Meeting Ja nuary 16, 1979 - Minutes Pap;e ":) (,Tunkyard Ordinance, Con Unued) MO~!O~ by Jacobson, Seconded by Orttel, that the City of Andover adopt Ordinance Number 44, an Ordinance regulating the licensing of Junkyards and junk dealers and repeal Ordinance "'Tumber 9.. Move that it be accepted as presented with the following changes: Section 7.1, Line 5, Delete the words "not less than" and insert in lieu thereof the word "within"; and under Section 5.1 (a), delete the entire section and substitute the words "Thirty (30) days following the approval of a Special Use Permit for such purpose but ~rior to the issuance of the Junkyard License, the property owner shall fence the entire premises ~ursuant to the requirements of this Ordinance. During the period said license is in effect, the fence shall be kept in adequate repair to comply with the intent of the ordinance." Motion carried unanimously. 0rdina"1ce tIn. JJ (Parking Ordinance)/Pevision Council discussion was on the declaration of a Snow emergency. Ms. Bosell noted at the rresent time the City is not in a position to be calling a snow emergency, but they may be in the future; and this is a built-in Drovision for something that may happen in the future, Councilman Jacobson asked how something could be "stored" on the r:tty 8treets. Jack Menkveld - stated it is possible to store somethinr, on City streets. In areas where òuildings are close ·;to the road, permits can be obtained to store construction mAterials on the street. MO'1'IO'T by Orttel, Seconded by Jacobson, the adoption of Ordinance 33A, an Ordinance amendin~ Ordinance ~o. 33, entitled an Ordinance rer,ulating the parking of motor vehicles on public streets within the City of Andover as presented òy the Planning and Zoning Commission. Motion carried unanimously. Gar-.T<3.c Construction/Schmidt - Yariance ~!s. Bosell explained the owner of the property is hoping to subdivide the property by metes and bounds into three parcels. Parcels A and ~ conform with 300 feet of frontage; Parcel B has 260 feet of frontage. The driveway easement that is noted is not an existing easement a~d is not ~art of this aþplication. It is also not an easement of record. It was drawn in as a possibility to allow access to Parcel B, since this Parcel is very low on Crosstown Boulevard. r~. 308ell then reviewed the reasons for the Commission's recommendation of apDroval as noted in their Motion of December 26, 1978. Mayor '7indschitl stated when measurin~ road frontage of Parcel A parall~ to the right of vm.y, you would get consideraòly more than 300 feet of frontage. By moving that lot line, he felt that all three lots could be made to conform to the frontage requirement of V)() feet, Attorney Rawkihs concurred that we have defined our ordinances as T!!easl1rin,ç; lot frontage parallel to the roadway. Councilman Orttel also noted that because the land is low, there would be no room for any further development on that land, that it would be difficult to subdivide into platting. Councilman Jacobson noted the Plannin~ Commission talked aòout the Dossiòility of not being able to build on the front of Parcel B; ,and if a driveway is built that exceeds 300 feet, it has to be òuilt to City standards. This is extremely expensive, and the owner should be aware of this. Melva Johnson, with Real Estate 10 representing both the buyers and sellers in this action, will have her surveyor move the lot line to try to make all three lots conform on road frontage. If there is 300 feet at the setback on all lots there is no need for a Variance and the fee will be refunded. Re~ular City Council Meeting January 16, 1979 - Minutes pa"e 4 Dlannin~ and Zonin~ Commission Renort Ms. Bosell stated she has talked with Mr. Dick re~ardin~ his health and his term on the Planning ComMission. Mr. Dick has turned in a written resignation to the office today, as he is havin~ great difficulties with his heart. The Council will formally accept the resignation and appoint the Alternate Member, Richard Okerlu"d, to the Plannin~ Commission at the next regular meeting; however, Ms. Bosell was directed to invite him to the Special Council Meeting with Good Value Homes on January 30. Park/~ecreation Commission Peuort Mr. Mand noted they are still working on some Ordinance revisions. ~Jo. lOD is currently bein~ processed by the P & Z. They are also working on some changes in the Ordinance establishing the Park/Recreation Commission and on something to control motor vehicles in the parks. Volunteer Fire Department ~!O'I'ION by Peach, Seconded by Lachinski, that the City of Andover accepts, with regret, the resignation of Paul V. Evans as Fire Chief of the Andover Volunteer Fire Department effective 1/8/79, and directs that the City Clerk prepare a letter, to be signed by the Mayor and Council, of appreciation and recognition for the many hours of selfless dedication Chief Evans freely gave to our City in the development of the Andover Volunteer Fire Department. Motion carried unanimously. Mayor Windschitl then introduced Bob Palmer as the nominee in next week's election for the Department's Fire Chief. Verbatim Minutes/Bosell Ms. Bosell estimated it would take 20 hours to record the verbatim minutes of the December 27, 1978, !linutes. She is doing the draft form at no expense to the City, and noted there is a problem differentiating whether Rae Ellen or Ray Sowada is being referred to by the speaker. !lO'l'IO'! by ,Jacobson, Seconded by Lachinski, that the City of Andover, City Staff, or Mayor be authorized to pay Mrs. d'Arcy Dosell for the actual hours worked for transcribing the verbatim transcript of the City Council Meeting of December 27, 1978, at the rate of ~4.50 per hour. Motion carried unanimously. Elected Officials Seminar Councilmen Jacobson and Peach expressed interest in attending the Saturday Seminar. HOTIO'! by Orttel, Seconded by Jacobson, that the City authorize the expenditure to pay for the attendance of newly elected City officials at the Conference for Newly Elected Officials on Saturday, January 27, not to exceed $60. Motion carried unanimously. Park/Recreation Commission - Vacancies Mr. Mand stated that Tom Curtis has shovm no interest in re~aining on the Park Board, which means there is a vacancy on the Commission for a term expiring 12/31/81. MO'l'IO~ by Orttel, Seconded by Peach, that the Clerk be directed to advertise the open position on the Park/Pecreation Commission for one time. Motion carried unanimously. -- ~egular City Council Meetin~ January Ih, 1979 - Minutes 1'a~e 5 Approval of Hinutes January 2, 1979: Correct as written. MOTIO!; by Jacobson, Seconded by Orttel, accepting the Regular City Council Meeting Minutes of January 2, 1979, as submitted. Motion carried unanimously. Lunds Evergreen Estates/Preliminary Plat. Continued Chuck Lund, developer, expressed disappointment in the delay of his plat by having it referred back to the Park Board and explained the sequence of events relative to park dedication on the Plat. He asked what it is the City wants, as he is anxious to get this resolved as soon as possible. ~T. Lund also stated there is going to be covenants and restrictions on those lots of record so those lots will never be sub- divided further. }T. Mand also reviewed the events taking place relative to the Park Board meeting with }T. Lund. Discussion was also on which area of the Plat would make the most suitable park; on dedication of land versus accepting money in lieu of parkland; that the property is being develotJed into 2;-acre lots within s:igh:t of a sewered urban sec tion; and that the Council motion was to refer the Plat back to the Park Board to specify which land would be dedicated for hark. The Board does have the authority to request a specific part of a Plat. Community Schools Penort Nancy B'ageman, Director of the Community School, reported on the activities of the fall pro~ram and reviewed some of the activities proposed for the Sprinß. 1-1s. Hageman also noted the Advisory Council is thinking of devisinp, an information booklet to help welcome residents to Andover, which would tell of services provided by the City, school policies, etc. And they would make the approach to the new residents, hand out the booklet, etc. , to try to welcome them to Andover. She asked the Council's feeling on the sub,ject. Mayor '~indschitl stated the idea is a good one and thought they might be able to get some of the service clubs and possibly the City's Resident Communication Committee to help with it. He also felt it would be appropriate to include City information in it. Approval of Claims HOTIO'! by Jacobson, Seconded by Lachinski, that the City Council, City of Andover, approve Check 'cumbers 2298 through 2324, with the exception of Check Nu",ber': 2310 made out to The Energy Shed for a subscription for $5 and Check "umber 2317 made out to the University of Minnesota for a registration in the aMount of 535. We ask the City staff for backup information on these two items and review them again at the next City Council meeting. Total of the Checks 2298 through 2321f with the exception of the two noted above in the amount of $20,597.85. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously. !!eetinr, adjr)urned at 9:2l~ p.m. Respectfully submitted, ~~:CL~~_ Recording Secretary