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HomeMy WebLinkAboutCC January 2, 1979 CITY 01 ANDOVER REGULAR CITY COUNCIL MEETING _ JANUARY 2, 1979 AGENDA Swearing-In Ceremony Mayor Elect - Jerry Windschitl Councilpersons Elect - Don Jacobson Robert Peach Introduction to City Council and Consultants 1. Call to Order - 7 :30 P. M. 2. Resident Forum 3. Agenda Approval 4. Organizational Procedure s a. Election of Acting Mayor b. Designation of Legal Newspaper c. Selection of Official Depositories d. Review of Council By_Laws e. Special/Standing Legislative Committee Appointments f. Appointment of Committee Chairpersons g. Approval of Official Bonds h. 1979 City Hall Hours 1. 5. Legal and Engineering a. Preliminary Plat/Wobegon Woods b. Special Use Permit/ Gilbert Menkveld c. 6. Ordinances and Resolutions a. Junkyard Ordinance b. Ordinance No. 22/ Amendment 7. Petitions, Requests, Communications a. Meeting Date/Good Value Homes B. Reports of Officers Boards and Committees 9. Unfinished Business a. 10. New Business a. Police Contract / Anoka County b. Fire Protection Contract/City of Anoka c. Animal Control Contract 11. Adjournment f ~ o¡ ANDOVER RmUMP CITY COUnCIL MERTHm - JIt'IUARY 2, 1979 }II'!UTES The Regular Bi-Monthly meeting of the Andover"City Council was called to order by Mayor Jerry ~indschitl on January 2, 1979, 7:32 p.m., at the Andover City Hall, 16R5 Crosstown Boulevard NW, Anoka, Minnesota. Council~ersons present: Jacobson, Lachinski, Orttel, Peach Council~ersons absent: None Also present: City Attorney, William G. Hawkins; ,City Engineer, John Davidson; City Clerk, p. K. Lindquist; and interested residents Swearin~-Tn Ceremony Prior to calling the meeting to order, Attorney Hawki~s ~re in the new Councilpersons, Donald .Tacobson and Pobert Peach, and Mayor ~err'y ~1.rindschi tl. Mayor Windschitl then introduced the new City Council and City consultants to the audience. A. .o:el'1d~ A tmrova 1 MOTIOn by Orttel, Seconded by Jacobson, that the Agenda be approved as published with the following additions: Item 5c, Minnesota Department of Transportation Agreement; Item Sd, Prairie Poad Agreement; Item 5e, South Coon Creek Bridge; Item 9a, Planning and Zoning Commission Interviews; and Item 9b, City Council meeting with Bob Muscovitz. Motion carried unanimously. ~lection of Actinv, Mayor MOTIOn by Lachinski, Seconded by Peach, that Ken Orttel be appointed as Acting Mayor. Motion carried unanimously. nesignation of Legal ~ewsþaper MOTIO'! by Orttel, Seconded by Lachinski, that the Anoka County Union and Shopper be appointed as official legal newspaper for the City. Motion carried unanimously. Selection of Official Depositories MOTTO. by Peach, Seconded by Orttel, that the City desi~nate as Official Depositories for the City of Andover: The First ~ational Bank of Anoka, Twin City Federal Savings and Loan Association of Anoka, and the State Bank of Anoka. Motion carried unanimously. Pevi.ew of ~ol1ncil By-L:J.ws Hayor "'indschitl sue:~ested that this item be referred to the Rules Committee for any suggestions or recommendations they may have. ~necial/Standing Legislative ~ommittee ATITIointments Mayor l~~indschitl made the following su¡;gestions for Council membership and chairmanship on Special and Standing Committees: Fvles Co~mittH: Japobsgn(t~h'Ürma~) a§d,,,ie~chh' tl lnance omm~ ee: eac alrman an .'1 n sc 1 Capital Imnrovements Committee: Lachinski (Chairman) and Orttel Personnel Committee: Orttel (Chairman) and Jacobson Road Improvement Committee: Lachinski (Chairman) and Windschitl Building Committee: Peach (Chairman) ~istorical ~ornmittee: Orttel (Chairman) Crime Prevention Committee: Lachinski (Chairman) Communications Committee: Jàcobson (Chairman) ~egular City Council Meeting .January 2 t 1979 - llinutes 'Page 2 (Special/Standing Legislative Committee Appointments, Continued) It was su~p,ested that other committees might be addressed, those being Municipal I,iauor Store Concept and an Industrial or Commercial 'Development Committee. This discussion is to be put on the next ~e~ular meeting Agenda. MO~ION by Orttel, Seconded by Jacobson, that the Advisory Special Committee and ~tandin~ Committee members from the Council be apÞointed as nominated by the Mayor. Motion carried unanimously. Mayor ~'indschitl made the following recommendations for membership to the Committees: Capital Improvements Committee: ~alph Kishel, Wes Mand, Glen Rogers, Tom May, p. K. Lindquist as advisory ~inance Committee: Tom Babcock Crime Prevention Committee: David Harms, Donald Boeke, Bruce Lindberg, Ken Maus, Robert Palmer, and Richard Picquet Resident Communication Committee: Charlie Vieman, Jeannine Pyron Historical Committee: Lyle Bradley, Helen Frantz Personnel Committee: Larry Carlson, Terry Ruether Poad Improvement Committee: Lloyd Riemann, Winslow Holasek, Glen Rogers, Horsemen's Council: As is Ray Sawada as advisory MOTION by Orttel, Seconded by Jacobson, that the Advisory Special Committees be appointed for 1979 as nominated by the Mayor. Motion carried unanimously. A~pointment of Committee Chairpersons MO~ION by Jacobson, Seconded by Lachinski, that the City Council, City of Andover, reappoint Mr. Wes Mand as Chairman of the Park/Recreation Commission and that d'Arcy Bosell be appointed as Chairperson of the Planning and Zoning Commission for 1979. Motion carried unanimously. A~~roval of Official Bonds MOTION by Orttel, Seconded by Peach, for the approval of the following bonds: Clerk/ Treasurer in the amount of ~25,OOO.OO (Renewal to 11/13/79); Clerk/Treasurer bond in the amount of ~25,000.OO/FHA (Renewal to 11/13/79); and Employees' Blanket bond in the amount of ~20,OOO.OO (Renewal to 11/13/79). Motion carried unanimously. City Hall Hours MaTTON by Orttel,Seconded by Lachinski, that the Official City Hall hours for 1979 be as follows: Monday - 8:00 to 5:00 p.m., and Tuesday through Friday - 8 a.m. to 4:30 p.m. Notion carried unanimously. Preliminary Plat/Wobegon Woods Councilperson, Jacobson stated that since he voted on both the Preliminary Plat of Wobegon Woods and the Special Use Permit for Gilbert Menkveld as a member of the P & Z, he would not vote on them as a Councilperson. Mayor Windschitl felt that 174th should be looped back onto Heather to provide another access into the plat for public safety, fire vehicles, etc. Chairman Retzlaff stated that because of topography, it is not practical that the road loop around to tie into Heather. And to do it with any other configuration will end up with a higher number of variances for lot dimentions. 174th has been shifted slightly to the south to eliminate the need for variances on those lots on the two cul-de-sac streets. ~er,ular City Council Meeting January 2, 1979 - Minutes Page 3 (Þreliminary Þlat/wobegon ~oods, Continued) 'Ernie 'Ruud, developer, explained the problems with looping the road to meet Heather and reviewed the maTI showinp, existinr, roads, proposed roads in Wobegon Woods, and possible layouts for streets tyin~ into ~obegon Woods. He felt they have developed the most logical route for the street that will save most of the eXisting natural environment out there now. To move the road would mean removing many more trees plus the lots would not be as nearly desirable. Fe noted that Eidelweiss is approximately 545 feet lon~ and ~lora Court is approximately 540 feet. Councilperson Peach felt that the street length with the potential extension to the east was reasonable and felt that looping the road would preclude ever getting a road through to the main road. It would be much more desirable having the road go all the way through than looping it back to Round Lake. Engineer Davidson concurred that from the standpoint of topography, it would take more trees and would require more extensive filling to make a loop street. tie also concurred that the continuity of the street system would be served with the extension of the street to the east. He also noted that by definition, Block 3 exceeded the required street length. Lot 6 faces that portion of Heather which has never been constructed, and Mayor Windschitl questioned if the developer would have to bring that street up to current City standards. Attorney Hawkins stated that Heather has been dedicated and accepted by the City previously and is now the City's responsibility. At this point, if there is going to be any upgrading, the City would have to do it and special assess it back against the property, ~'re can't require the developer to improve Heather since it is outside the Plat. MnTIO~ by Lachinski, Sec'nded by Peach, to approve the Preliminary Plat of Wobegon "!oods with the followinR variances: A Variance for the length of cul-de-sacs on ~idelweiss Court and Flora Court; a Variance for the length of Block which exceeds 1320 feet on Block 3 of 174th Tßne; and a Variance under Ordinance 8, Section 3.02 ww and aaa as regards to the definition for lot front, Lot 1, Block 1 and Lot 1, Block 3. And that the following reasons that were cited by the Planning and Zoning Commission:' that the plat conforms with the engineering standards and has been reviewed by the City En~ineerj that the Plat conforms with the Comprehensive Plan of the City of Andover; and that frontage for Lot 1, Block 3 and Lot 1, Block 1 access only to 174th Lane and not onto Round Lake Boulevard; and that the City accept money in lieu of land for park dedication as recommended by the Park and Recreation Commission. (See Resolution Rl-9) VOTE 0'[ MOTIO'/: YES-Lachinski, Orttel, Peach: NO-Wtndgchitl; PRES ENT-Jacobgon Motion carried. Mayor Windschitl - I feel the streets in there should have been tied in because you have no guarantee of future tie-in of the streets. In fact, the proposed tie-in as shown on the board here may not be feasible because it is so far dovm from the section line, which forces a following developer to come 1/3 of the way down into his section line, which I think is not feasible. Mr. Ruud - stated it is a normal lot depth on the eastern end of that property and the street would have to drop down to meet 174th because of the low area on that property where a building site couldn't be made. MnDot Agreement Mr. Davidson explained the standard resolutions between the State of Minnesota Department of Transportation and the City: 1. The Department of Transportation Agency A~reement which gives the Commission of Highways the right to act on our behalf for federal agency funds; and 2. Engineering and Technical Assistance Agreement which allows the City to ~o to the State for technical assistance. The agreements are the same as last Re~ular City Council Meetinr, January 2, 1979 - Minutes Pa~e 4 (MnDot Ar,reement, Continued) year, excent the lan~ua~e has been chan~ed so these will be on-going agreements ratñer than renewable every year. Because the Council had not had a chance to review these Agreements, this item was postponed until a future meeting. Prairie Road Ar,reement Councilperson Lachinski stated he recognized the complexity of trying to come to a satisfactory resolution of the problem on the Prairie Road IffiAH fund. He felt that the decision that was made by the Council (reference December 28, 1978, Hinutes) under the recommendation of the Engineer should stand. However, he talked with Mr. ~eichsclbaumfrom the State, who indicated to Councilperson Lachinski that normal procedure would be that he would not sign an ar,reement of that nature without having the Council's agree~ent first. That changed Councilperson Lachinski's whole frame of mind ahout comments made at the December 28 meeting. He didn't feel that the State was trying to ram anything down the City's throat. Councilperson Lachinski also felt that what Hr. weib:hsèlbæm was saying was that we had room for negotiation and that he didn't want to get in the middle between the contractor and the City. But in no way would he sign an aRreement ~utting the City in a no-win situation. Councilperson Lachinski felt there was a problem with procedure and didn't feel the Council was rffilly in agreement at the meeting with the funding from IffiAH funds on Prairie Road. Mayor Windschitl felt that the EDr,ineers should have come to the City for an agreement nrior to negotiating with the contractor. This þrocedure continually occurred on Prairie Road and it has been extremely frustrating throughout the entire project. JA.r . Davidson stated in the future he expects things will be different. Mayor Windschitl also stated he has requested all of the back-up material on the project; and at some future tir.le, he will be TIrenarin~ a report so it won't leave the record sitting as it is nOVf with obvious dis3p;reement as to what should be paid for SOl!l8 of those things. He hopes to TIrovide, to his satisfaction, some basis that either a good or bad decision was made. $outh Coon Greek Drive Brid~e Reference TKDA letter to Council of January 2, 1979, recommending a reduction in retainage for the South Coon Creek Drive Bridge and summarizing project costs to date. HOTIO~ by Lachinski, Seconded by Orttel, that we reduce the retainage dollar amount to ~6,OOO on the South Coon Creek Bridge Project. Motion carried unanimously. MOTIO'! by Jacobson, Seconded by Orttel, that the Andover City Council reduce the retainage from ~4,449.14 on the South Coon Creek Drive roadway to the amount of ~l,OOO. J.!otion carried unanimously. Junkyard Ordinance J.!r. Retzlaff stated comments from the Attorney on this Ordinance were received quite awhile ago. Those comments were taken into consideration when this draft was generated. This draft has again been forwarded to the City Attorney for his comments. Councilperson Lachinski felt that the City of Andover has enough junkyards, and questi.. oned lrlhether or ~ot this VIas addressed. Hr. Retzlaff statéd that was not addressed by Ordinance bu~, as recommended by the Attorney, should be addressed via zoning. Discussion was on the possibility of taking the junkyards as an allowable special use nermit out of the general business section or out of all sections, Attorney Hawkins stated that he had recommended to the P & z that if they felt there were enough junkyards in that area, that they should amend the Ordinance. He cautioned that ~e~ular City Council Meeting January 2, 1979 - !¡inu tes Page 5 (Junkyard Ordinance, Continued) trying to eliminate junkyards com~letely may present a problem. St. Louis Park tried that and were struck down by the Supreme Court, which said you cantt eliminate a use entirely. However, St. Louis Park had no junkyards in the City at that time, and the City of Andover does have its share in that area. Mr. Hawkins didn't know if junkyards would fit into the category of reaching a point where the activity causes such ~roblems that they could be completely eliminated. Mayor ~indschitl suggested the Planning Commission and the Attorney look into the possibility of changing or restricting the Ordinance. Rather than prohibiting junkyards, Attorney Hawkins stated they tried to make this Ordinance a little tougher so people would have to have some capital before starting their junkyard. Reasonable but tight regulations will probably eliminate most of them. Because some members of the Council had not received a co~y of the revised Ordinance, this item was continued to the next Per,ular Council !leeting. OrdtMnce No. 22 - Amended Due to ler,al changes in the requirements for plumbing contractors relative to their State of Minnesota License, it will no longer be required for the City to carry a bond or Certificate of Insurance. MOTION by Orttel, Seconded by Jacobson, introducing the following Amendment to Ordinance 22, an Ordinance Regulatinß and Licensing construction activities. This Ordinance to be'lo. 22C; City Council, City of Andover, hereby ordains, Under Section 3, Plumbing and Well Water Contractors, 1. Last sentence should read: All insurance and bond requirements of this Ordinance shall be governed by State Law. Motion carried unanimously. Meetin~ nate - Good Value Homes Mayor Windschitl stated basically what Good Value Homes is wanting to talk with the Council about is their development, their plans for City water, etc., and about the City getting behind these bonds used to get cheaper financing of house mortgages. MOTION by Lachinski, Seconded by Orttel, that we schedule January 30 at 7:30 p,m, for a S~ecial Council Meeting to review the Good Value Homes presentation along with the Plannin~ and Zoning Commission, Park/Recreation Commission and the City Engineer and City Attorney. Motion carried unanimously. Meeting Date - P & Z Interviews/Muscovitz MOTION by Jacobson, Seconded by Orttel, that the Andover City Council meeting with the nros~ective P ~ Z a~nlicants beginning at 7:30 ~.m., at the City Hall on the 11th of January; and following the P & Z interviews, the Council meet with Bob Muscovitz. Motion carried unanimous¡y. Police Contract W1TIO'1 by Orttel, seconded by Lachinski, that the City enter into a law enforcement contract with the Anoka County Sheriff De~artment for 16-hour police protection for the amount of $89,353.00 for 1979 and authorize the Mayor and Clerk to sign the contract. Hotion carried unanimously. Fire Protection Contract/City of Anoka !lOTIO~ by Lachinski, Seconded by Peach, authorizing the Mayor to enter into a contract with the City of Anoka for fire protection for the City of Andover for 1979 in the amount of $6,181.38; and the per call base charge of $150 for the first hour and $60 per half hour thereafter. Motion carried unanimously. Pel':ular City Council Heeting January 2, 1979 - Hinutes Par;e b Animal Control Contract/Blaine-Midway M0TIOH by Peach, Seconded by Orttel, that the Council direct the Clerk and Mayor enter into a contract with Blaine-Hidy¡ay All-Pets, Inc.., to provide animal control for the City of Andover for 1979 with the rates the same as those shown on the 1978 contract. nisc~ssion: The Clerk testified there had been complaints on their service previously, but not recently_ The service they have been ~roviding has been reasonable. )'\0 tion carried unaninously.. Recess at 8:53; reconvene at 9:03 p.m. Special Use Permit/Gilbert !,!enkveld lIT. Petzlaff stated the request by Mr. Menkveld is to get a S~ecial Use Permit for a multi~le dwellinr, in an existing 1'-4 district. The Commission reviewed the a~plication; and on a 2 yes, 1 no, and 2 present vote, approved the request. He then reviewed the reasons for approval as mentioned in the P & Z motion. 11ayor Windschitl noted if a frontage road was required on the road, the required set- baC]Œ would not be there. Secondly, if you start allowing this to go on, what would prevent others from being constructed all along Crosstown, allowing duplexes to be mixed in with houses. lIT. Petzlaff stated you are also adding additional driveways to Crosstown Boulevard. It was also noted that with the service road, Mr. Conroy's lots are a lot smaller than this lot. Discussion was on the desirability of having a frontar,e road alonr, the property of Crosstown Boulevard. It was suggested that this be referred to the County Highway Engineer for comment and recommendations. They should also be informed of the proposed adjoining plat to the north. .Tames Conroy, owner of adjacent property to the north, felt there should be a frontage road alon~ the entire area if a frontage road is to be required. Discussion was on the feasibility of requirin~ a frontage road along the entire area from 138th Avenue to 139th Avenue. Attorney Hawkins stated a Special Use Permit is an allowable use that is of such a nature that we can impose some controls on. Before it is turned down, it has to violate one of the criteria on Page 7 of Ordinance 8. Specific findings which apply to this situation must ~overn Council action. !!OTIO'T by Orttel, Seconded by Lachinski, that the matter of the Gilbert Menkveld Special Use Permit be referred to the County Highway Department for their comments on the traffic hazards created by the Special Use Permit. Motion carried unanimously. Approval of Claims Mayor Windschitl signed the following payroll checks which were dated December 29, 1978. They were all approved in the Minutes during 1978 and were entered in tœbooks in Dec., 197B. The checks were written in December; however, tœ Mayor couldn't sign them until today. Attorney Hawkins felt there would be no le~al problem with the dating. CHECK NO. TO AHOUITT 2127 Minnesota State Treasurer, PERA $ 2.85 2126 Commissioner of Revenue 24.70 2125 First national Bank of Anoka 49.30 2124 !!innesota State Treasurer 30.99 2123 Raymond Sowada 62.13 2122 Robert A. !!uscovitz 36.53 2121 Pae Ellen Bakke 15.42 2120 Patricia K. Lindquist 290.21 ~e~ular City Council Meeting JaT\uary 2, 1979 - mnutes )'a/(e 7 (Approval of Claims, Continued) MOTION qy Lachinski, Seconded by Jacobson, approving claims as presented on the list dated January 2, 1979, from the General Fund in the amount of $2,546.75; from the various Improvement Funds in the amount of $203,143.41; and from the FHA Sewer Fund in the amount of $202,000; General Fund Check 'rumbers 2291 through 2294; various Improvement FundCheck numbers 255 through 268 and on the ~!A Sewer Fund, Check Number 172. Motion carried unani~ousJY. !!O'T'IO'T by Orttel, Seconded by Lachinski, to adjourn. Hation carried unanimously. Meeting adjourned at 9:34 p.m. Respectfully submitted, ~ ~~~~ Marce a A. pea~h~ ~¿ , Pecording Secretary