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HomeMy WebLinkAboutCC July 17, 1979 CI7Y of tlUJDO VrER REGULAR CITY COUNCIL MEETING_JULY 17, 1979 AGENDA (Interview Assessor Applicants - Kuha, Mueleners ) 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Public Hearings 5. Legal and Engineering a. Discussion _ CAB Interceptor w /Metropolitan Council b. Terra Firma Estates Variance * c. Pine Hills Addition Final Plat d. Countryview Estates Final Plat * e. Woodland Terrace - Special Use Permit * f. Stanley Skog Variance g. h. 6. Ordinances and Resolutions a. Equipment Bonds b. Rum River Ordinance c. Swimming Pool Ordinance d. Zoning Map Ordinance (BE) e. Park Board Ordinance 7. Petitions, Reque sts, Communications a. Junkyard Licenses B. Reports of Boards Committees, Commissions a. Planning and Zoning Commis sion b. Park and Recreation Comffiis sion c. Volunteer Fire Department * d. Liquor Study Committee e. Personnel Committee f. Other Committees 9. Old Business a. Crooked Lake Beach 10. . New Business a. 11. Approval of Minutes . 12. Approval of Claims 13. Adjournment * Items continued from 7/11/79 Meeting ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - JULY 17, 1979 MINUT:::S The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on July 17, 1979, 7:35 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 Interview Assessor Applicants The Council interviewed Karen Mueleners and Steven Kuha, applicants for the position of City Assessor, alternately asking questions of the applicants relative to the reason they feel the City should hire its own assessor as opposed to having the County do it, their qualifications, when they would do the physical inspections necessary, their proposed cost for the job, and if there is anything that would put them in conflict with the City of Andover. Karen Mueleners - *Indicated that the County hires on a full-time basis and is able to provlde better benefits and didn't know if Andover was large enough to have its own full-time assessor and be able to match benefits. Felt more pride and interest is exerted by a private assessor versus having the County do it. *Was familiar with what was involved in assessing the City of Andover and related what she felt the requirements of the position would be, noting that approximately 900 parcels would have to be physically inspected per year. * Felt there was more than enough time on weekends and eveninas to do the inspections prior to the January 2 deadline. She estimated two evenings a week plus an eight-hour day on Saturdays. She'd set up appointments for Sunday inspections if a resident so desired. * Is doing physical inspections at the present time; spent three years with Brooklyn Park; two years with Coon Rapids. Would like to get more involved with appraising of farms to keep her experience within that field. * Lives in Fridley, 10 miles from Andover. * Is working for her State Accreditation, which is a step higher than certification. * Would do Andover's assessing for $11,500 for total assessment year completed and ready for Board of Review, including expenses, materials, etc. * Didn't have anything that would put her in conflict with the City of Andover * Has discussed this with present employer. Steven Kuha - * Is always looking for more experience for personal advancement, lives in the Clty, and feels he has a closer relationship with the people in the City and would be able to do a better job. * Didn't believe living in the area would be detrimental to assessing and didn't think there would be any problems. * Doesn't own any other property other than his residence and has no conflict with his present position in accepting this one. * His estimate of $8,900 includes all expenses. * Has been a Certified Assessor since 1975. * Each Assessor is technically working for the County, and felt there might be a closer communication and more pride because he lives in the area and would do a better job rather than a county employee coming in might do. * Felt August through December would be sufficient to complete the physical inspectiøn necessary. At his present job, 20 inspections a day is average for a full day. * Doesn't hire any part-time people to help him and didn't foresee any problem getting the job done with the time remaining. * Present position as Deputy Assessor entails doing physical inspections, most of the bookwork, responsible for putting together depreciation schedules and rate schedules for that year. Does a detailed ratio study at the end of the year on what level of assessment they ended up with. Attends instructional meetings by the County. Has handled Board of Reviews. * Lived in Andover since August, 1977. * Would have weekends and evenings available, and his wife has helped him somewhat in the past on bookwork. * Is not doing any nor applying for any other part-time position. * Preferred not to work on Sunday unless a resident would set up an appointment. * Was employed as Deputy Assessor for Wadena Regular City COI.I,,~il Me€: , ,¡g July 17, 1979 - Minutes Page 2 (Interview Assessor Applicants, Continued) County for Meadow Township. Other years he was employed by the townships themselves. This item is to be added to the Agenda for Council action. Resident Forum Dave Dutton, 4053 Genie Drive - took a petition to neighbors on Genie Drive asking them lf they would like the Council to reconsider the decision last week to blacktop the street. There are 23 lots on the street, and he has 12 signatures of those who would like the street in. All residents know about the petition, some residents didn't want to sign a petition but are not necessarily opposed, with about three or four that are opposed. It was Attorney Hawkin's opinion that since the entire project has been terminated, the legal notice requirements are going to have to be gone through again. However, Council could go so far as to take bids prior to the public hearing. Mr. Davidson stated if the Council choses, the plans and specifications could be prepared as they are surveying the Section 17 project and bids for Genie Drive could be asked for as an alternate. In the meantime, a public hearing could be held and a decision made as to whether to order the improvement. Council felt it would be cheaper if this street could be bid with the larger project. This item is to be added to the Agenda for Council action. Agenda Approval MOTION by Peach, Seconded by Jacobson, that the Agenda as published be approved with the following additions: Sg, Alladin Acres; Sh, DeGardner Road; Si, Prairie Road Bridge; Sj, 133rd Avenue Improvement; 9b, Assessor; and lOa, Probationary Increase; and Delete Sd. Motion carried unanimously. Discussion - CAB Interceptor with Metropolitan Council Lee Starr, with the Metro Council's local planning assistance program, and John Harrington, with the Environmental Planning Division, addressed the Council:--- Mr. Starr explained that the Metro Council is currently reviewing plans and specifications for the Anoka interceptor. The facility as designed extends from approximately 4,000 feet west of the Anoka plant extending north, branch to the west and east and terminate at Trunk Highway 47. Anoka has requested that consideration be given to expanding the scope of the project to include an extension from #47 to the Rum River, as they would like to provide facilities in that area and want to coordinate the construction of the metropolitan facility with local utility installation. That extension, along with the other easterly extension, would hook up with the existing Anoka Northeast in-place interceptor, which is designed to provide service to western Andover tributary to what is currently known as CAB Interceptor. Anoka has indicated they have received letters and Resolutions from Andover supporting the facility as designed within Anoka and the extension. Metro Council staff is considering the wisdom of constructing the segment at this time or delaying it until some future date when it would actually be needed to provide service to western Andover. He wished to clarify the City's position on this and to get information on local sewer service schedulings. The current Comprehensive Sewer Plan of Andover indicates that the general timing of service to this portion of the city is 1985 to 1990. It would be beneficial to them to know whether that would be closer to 1985 or closer to 1990. Mayor Windschitl noted the/eF8~~tNª on the Rum at lS9th for CAB Interceptor to service approximately 2400 people in Andover. The City has a divide line at Round Lake where it falls one way or the other by gravity, and it was the hope that when sewer wouldœ installed, that the lift station would not be needed off the Coon Rapids interceptor. The hope was that at some point the interceptor in place now that is not being used could be used through the Anoka internal system. Regular City Council Meeting July 17, 1979 - Minutes Page 3 (Discussion - CAB Interceptor with Metro Council, Continued) Mr. Starr stated it was always the intent that the CAB Interceptor system would include an eventual extension to the Anoka Northeast. The method through Ramsey coming across the Rum at 159th into Andover has been rejected primarily because of cost considerations. The intent in this plan is to service all the area that you propose to be tributary to the CAB Interceptor from a local system that would receive its metropolitan sewer connection at the existing terminus at the Anoka Northeast. He thought it was a 30- or 36-inch facility in place. Mayor Windschitl stated that there is no development of any significant size in the western portion of the City. There are a few small lots in the area and a lot of open area. A portion of the proposed Good Value development may be within the future service area for the CAB Interceptor, but most of it is within the Coon Rapids interceptor lines. Mr. Davidson noted that if that CAB interceptor would become available to the City, the urban service district could be expanded to the east to use the capacity made available to us through the Coon Rapids interceptor. Mr. Starr stated that the estimated cost for the extension from #47 to the Rum River is $600,000. From a metropolitan perspective, they would be somewhat reluctant to make that kind of investment in a facility that would be under utilized perhaps for some years to come. However, if Andover's service needs are closer to 1985, they might reconsider. The completion date for this interceptor is late 1980 or early 1981. Mayor Windschitl noted that the City has been conservative with the extension of sewer lines, as we do not want to extend sewer lines and not have them used either. The present sewer lines are being used. He noted the Woodland Terrace proposed development of 226 units and it is assumed the sewer line will be extended west for that area. Mr. Starr noted that the City's Comprehensive Sewer Plans indicated that the subsequent extension of the sewer line to the west and the north would occur in '76 and 'ì8. Mayor Windschitl stated that the schedule is behind schedule. The City is essentially going in an orderly fashion extending trunks as new development occurs. He noted that it is extremely difficult for the City to project a time as to when the land in the service district would be developed, noting the land owned by Good Value and the uncertainty of their plans for development. The Mayor didn't feel that there was an immediate need for sewer service at this time. He stressed that Andover would like the capacity from Anoka available to the City from an economic standpoint to avoid building a lift station for the Coon Rapids interceptor, but there is no pressing need for it. If it was staged out over a period of time, the City could gauge its development with it. Mr. Davidson stated as far as they can tell, the present Comprehensive Sewer Plan still holds. Of all the areas in Andover where development seems to be eminent, the area of County Roads 9 and 16 has the greatest growth potential, also noting the suggested development of Good Value Homes. He wouldn't want to change the Comprehensive Plan at this point; but if it drastically changes over the next five years, the schedule probably would need adjusting. In talking about interim utilization of Anoka's internal system, Mr. Starr didn't believe there is anything that would restrict that. The issue would be whether or not Anoka would be willing to enter into some interim arrangement with Andover. One thing the Metro Council and West Control Commission staff has suggested to Anoka is perhaps delaying this because Andover's needs do not appear eminent and working out some arrangements for some limited flow from Andover through the Anoka internal system; and at such time as developments in Anoka raised the demand for the shared capacity, they would initiate action to provide the CAB interceptor connection. He didn't know Anoka's plans, but through they felt there may be some things happening in eastern Anoka that would require that capacity. Regular City COL....;il Me!:: _ ,ng July 17, 1979 - Minutes Page 4 (Discussion - CAB Interceptor with Metro Council, Continued) Mr. Starr stated that as of yet a cost benefit analysis has not been made relative to building it today even though the use may be beyond five years versus delaying it for the period of time and dealing with the development that may take place adjacent to it. Such a study may be done. Council generally agreed that they didn't see an immediate need for the construction of this extension at this time as long as the City's future service needs in this area when they occur would be accommodated. The northern portion of the tributary area in Andover is all larger lots, and there has been no significant problems up there at all. The City's request for this is because of the lift station question and the City's ability to move eastward with the urban service line at some point in the future. Mr. Dutton - asked when the project would be coming into their area. Mayor Windschitl stated that this proposal is to cross the Rum considerably below what was presented before, some where south of the Anoka Senior High School. It wi 11 be many years before it gets that far, if ever, simply because of the cost of running the interceptor lines that far. The hope with the City's sewer ordinances is to prevent the line from being extended. Terra Firma Estates Variance Ed Maki, Terra Firma Estates, 405 Andall Street, Lino Lakes, requested a variance to place a manufactured home onto an R-l district as opposed to an R-5 district. Mayor Windschitl stated that in looking at the City's ordinances, this is a mobile home by any definition, including the new Rum River Ordinance defined by the State. The zoning regulation provides zoning districts for this type of home. He is at the point of questioning the wisdom or the desire of putting this type of home into a regular residential area. Mr. Maki argued that whereas the mobile home has a permanent attached frame with permanently attached wheels, the manufactured home has temporarily detached wheels where it will be permanently attached to a basement on site. The home is fully accepted by the State of Minnesota. The building structure is the same as a stick- built home except it is built in a factory. Mayor Windschitl stated that the Council has to decide what they think the definition is between mobile home, modular home, manufactured home, or conventional built house. The ordinance we are working with sets aside a zoning district, and he felt the intent was to try to retain the local districts and to retain similiar-type developments in them. He felt it was unreasonable to stick another type of development into one type of development. The fact that one manufactured home got in, however,it got here, doesn't necessarily mean there has to be two. Assuming the Council would allow this one, he thought we would then start having difficulties having to sort through any type of home that could be taken off wheels. Mr. Maki explained that Terra Firma owns the lot and has sold the lot and house as a combination. The home is 960 square feet, 24 x 40, similiar to a Wausau home except it is brought in in two sections. The building permit was applied for by him. He is building the home for Michael Czech. A loan was approved by FHA on it. Mr. Maki then showed photographs of the proposed structure. He estimated the average home in that neighborhood would sell for $52,000 with a garage, and he felt that his manu- factured home was camparable to a stick-built home per square foot, according to FHA appraisers. They have optional 4-12 pitch roofs, but that is not what this person chose. Councilman Jacobson personally had trouble with the definition in the ordinance and felt it was outdated; however, according to the definition in the Ordinance, it does not fit in an R-l district. Councilman Orttel stated that it appears that they are Regular City COLA".:il ~le(:_ .flg July 17, 1979 - Minutes Page 5 (Terra Firma Estates Variance) built like a stick-built home, but they certainly don't look like a stick-built home, and that is the problem the neighborhood has with it -- 12-3 pitch" l-foot overhangs, etc. They are paying for these options in the stick-built home in the existing neighborhood, and the difference is instantly noticeable. Attorney Hawkins stated they are treating this as a manufactured home according to their application, which, under our Ordinance, would be in an R-5 district. The issue is that a manufactured home needs a variance to be put in the R-l district. He explained that the State Building Code only governs the construction of homes, it doesn't govern the location of them. It is entirely up to the City if they want to set classifications for the various housing units and restrict them. There is a question whether or not there is a valid distinction between a manufactured house and a single-family stick house so as to treat them differently. That would be an issue for the court to raise as to whether or not we're making a valid distinction in separating the two. The ordinance when it was adopted seemed to suggest there is. There has been talk about depreciating property values, appearance differences, etc., and those would be the arguments the City would put forth in substantiating its separation of these two housing units. Testimony from residents was taken: Lloyd Reimann, 2813 142nd Avenue - felt the city should follow the ordinances. This house lS belng sold for $44,000 without land; houses in that neighborhood are selling for $64,000 or more with the land. There is a high water table there, and he felt that it is the wrong area for a rambler. The split entry next door has water in its basement. If the ordinance would ever be changed to allow these in, even in an R-S, he suggested that an attached garage be required, as that makes it look that much nicer in an area. Paul Ness, ¿83~ 142nd Avenue - lives across the street and one house down from this vacant lot. He Just purchased into the neighborhood and is familiar with the values ln the area. He is very concerned with the possibility of bringing in what he considers a lower level in the neighborhood. An FHA Inspector commented two weeks ago that just vlewing the neighborhood he could point out the modular home and said this is one thing that does bring down the value ln the neighborhood. In tne Inspector's jUdgement, this is one thing that may devalue his property. His neighbor has a rambler, and they constantly have water problems; apparentlY burning uut 7 sump pumps in the last five years because ot the water table. Ihe other manutactured home in the neighborhood does stand out. John Howard, 2824 142nd Avenue - When ne bought his lot, Gilbert Menkveld made him sign a contract statlng ne would bUlld an attached garage within one year so that he didn't depreciate the value of the property in the area. Mr. Maki stated that this home does not have an attached garage, but he thought it was planned to build one next year. Owen Jordet, 2613 140th Lane NW - talked with Mr. Maki about the type of construction used in the building, and it sounded comparable; but after some consultation with the neighbors and after seeing some of the homes that are a derivative of his product, he is opposed. A 12-3 pitch bothered him, as he felt it is not right for Minnesota winters. He was concerned with styrofoam in the walls and wires for metal strapping to brace the walls. From what he has seen, the houses look rather cheap and not comparable to what is in the neighborhood. He asked Mr. Maki several questions on the construction of the home to which Mr. Maki replied that they use 16-inch centers; double plates, truss rafters; house dimentions are 24 x 40 with no garage; full 11- course basement, 12-inch block; brought in on a trailer in two sections; CDX plywood sheeting; masonite siding; 2x8 floor joists with 2xlO rim joists for additional strength to the exterior; roof pitch is enough to insulate the attic. Regular City CO~n_iljMe& oIg July 17, 1979 - Minutes Page 6 (Terra Firma Estates Variance) Wayne Newhouse, 2624 140th Lane NW - just moved into the area. 140th is developed except for the lot across from his house. He wouldn't care for one of these houses to be built across from his lot after he paid the price he has. It's a big investment in the $60,000 area. Steve Nichols, 2634 140th Lane - is the outside appearance going to look like the other modular home? Mr. Makl stated it would be similiar. Mr. Nichols - it doesn't belong in that neighborhood. Mr. Maki stated that dealers have sold higher priced manufactured homes, and asked if a higher-priced home was put in there, would it be acceptable? Discussion between Council and Mr. Maki was again on the City's justification for that type of housing being placed in its own district and on the fundamental problems of the house's exterior appearance, with Mr. Maki arguing that it meets the uniform building standards of the City and State and that the Council is discriminating against a house. Mayor Windschitl asked who reimburses the existing resident across the street or next door that has a substantial devaluation because this type of house appears. He felt the elected officials have an obligation to protect the residents that are here. Attorney Hawkins clarified that if the Council is going to deny the Variance, the reason it would not be approved is that there is a difference in housing units just as there is a difference between mobile homes and single family housing; and the courts have upheld the discrimination and the separation of those two units. We are not excluding them from the City, but we want them located in one separate section where that type of unit is compatible with the surrounding housing units, just like mobile homes are located in one section, businesses in one section, apartment buildings in another, etc. MOTION by Jacobson, Seconded by Peach, to deny a Variance for Terra Firma Estates for the construction of a manufactured housing unit on Parcel 2835 of the Green Acres Subdivision, City of Andover, for the following reaSOnS: 1) That by definition of Ordinance 8, Section EEE and Ordinance No.6, Section la, such manufactured housing is not permitted in an R-l District; 2) Manufactured housing by definition is only allowed in an R-S District; 3) The granting of such a variance would tend to devaluate existing property in the area; and 4) There was public opposition to the granting of the variance. (See Resolution R60-9) Discussion: Councilman Jacobson stated he appreciated Mr. Maki's problem and still has a problem with the definition as the City has it, and he'd like to see the Council ask the Planning and Zoning Commission to look at the definition to see if it can be better defined to be more applicable. P & Z Chairman d'Arcy Bosell stated they will deal specifically with that definition at the next P & Z meeting. Mr. Reimann - asked if Mr. Maki would put that home in the middle of a trailer court, because that would put him in the same position the residents are in now. Mr. Maki replied he would not put it in a trailer court, and it would not be allowed there. Dennis Simpson, Forest Lake, Terra Firma - has been a contractor for 16 years. He knows and has sold the house, and believes in the home. It is not going to devalue any of the other houses in the area. If anything, it is going to improve the area. The only thing they are complaining about is that it doesn't have an attached garage and it comes in on wheels. The home itself is better built than he built his own home. Ronde Peterson, 2835 142nd Avenue - lives directly across the street in the rambler. She has terrible water problems. Nobody would want to live there and build a full basement. Mayor Windschitl replied that the Building Inspector would be requiring whatever water tests are necessary. Attorney Hawkins also stated that there is another manufactured home located there, but that was never approved by the City as the permit was issued without consultation with the Councilor Attorney; and we don't acknowledgå that that is properly there at this point in time. Motion carried unanimously. Regular City C,_oIcil f1e, .ng July 17, 1979 - Minutes Page 7 Recess at 9:12; reconvene at 9:23 p.m. Pine Hills Addition Final Plat Engineer Davidson stated they have inspected the street and recommended acceptance subject to the last density tests and subject to a maintenance bond of $1500. He understood those tests were taken today but results are not yet known. Attorney Hawkins stated he received the abstract yesterday and has not yet, had a chance to review it. He should have that done within the next week. On the discussion of the temporary cul de sac on lS9th, it was thought that it is a separate document from the final plat, and the motion should include the receipt of the properly executed documents of the various easements. Mr. O'Malley - stated he did not yet have copies of the hard shells and has not yet received approval from the County Surveyor. It was noted that the Council has nothing to approve if the final plat is not here, as normalJY the hard shells are here when the final plat is approved. MOTION by Jacobson, Seconded by Lachinski, to delay action on Pine Hills Addition Final Plat until the first regularly scheduled meeting in the month of August to allow for review by the Attorney of legal matters and the Engineer of data that is not yet available to him and review by the Anoka County Surveyor. Motion carried unanimously. Woodland Terrace - Special Use Permit Robert Parta, Attorney in Anoka, represented Mr. Carlson, who could not be present this evening. Attorney Hawkins reviewed the Resolution he had drafted for approval of the Special Use Permit for Woodland Terrace including the quad- and twin-home layout, overall layout, the reasons found in the P & Z recommendation, contingent upon review and acceptance of the final plat, providing that the quad- and twin-units have a maximum square feet per unit of 1200, and providing that before issuance of building permits the organizational documents for the Homeowners' Association and the restrictive convenents covering the parcels within the proposed development are provided. Mayor Windschitl informed Wes Mand, Park Board Chairman, of some of the Council's concern over the park dedication of the ability of the area to handle the open space aspects of the development with this type of density (Reference Council Minutes of July 11, 1979, meeting). Mr. Mand stated they haven't done any comparison with other cities that have similiar-type housing. Chairman Bosell explained that the plat has not been approved and the question of the park dedication is still very negotiable. This is before the Council in a conceptual stage only to get all concerns prior to time and expense spent by the developer on the plat. Mr. Hawkins explained that the documents provided by Mr. Carlson of a typical quad drawing, a typical twin home drawing and conceptual preliminary plat are incorporated into the Special Use Permit. The overall plan is to show how the lots were joined and everything ties together, not as a plat layout. However, we're only concerned with the development as it applies to each individual lot and how the buildings will be situated on each lot. He saw no problem with leaving out the proposed plat map if the Council chose to do so. Mayor Windschitl was concerned with Section 3 in the Resolution and wondered if that would bind the City to that specific layout when the preliminary plat actually has not yet been approved. He felt more comfortable if that was not incorporated in the Special Use Permit. MOTION by Lachinski, Seconded by Peach, introducing a Resolution for Special Use Permlt for Lawrence B. Carlson ... (...showing a quad and twin home layout for the property described in Part 1...) (...adjacent property values...correction on second page, part b) (Special Use Permit for the proposed area known as Woodland Terrace for planned unit development in accordance with plans submitted to the City) (See Resolution R61-9) Discussion: Mr. Parta noted that he has not discussed the Regul ar City COullcil Mee. dIg July 17, 1979 - Minutes Page 8 (Woodland Terrace - Special Use Permit, Continued) Homeowners' Association with Mr. Carlson, and stated the way it is proposed it is conceivable that there may not be a Homeowners' Association. Mayor Windschitl stated that Mr. Carlson stated there would be. Mr. Hawkins stated the question is whether you sell just the home area or the entire lot. Selling the entire lot, there would be no common area and everyone would maintain their own yards. If he sold just the building site, you would have to have a Homeowners' Association. This section was put in the Resolution because Mr. Carlson had indicated that he would be selling just the building itself and that he wanted to protect his investment. VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschitl; NO-Jacobson t10tion carried. Councilman Jacobson - When I looked at the layouts of the doubles and the quads, I remembered that by approving the motion as read I would be approving that type of housing there. I am not opposed to a PUD development; I just don't think what is proposed is what I consider to be a PUD housing. I consider it to be something in the center with green area around it and other things. By voting for this motion as worded, I would be committed to the doubles and quads on lots as they are, and I don't feel that that is the right kind of PUD development. I'm not opposed to the PUD per se. Stanley Skog Variance Mr. Hawkins has contacted the State Building Division. The garage is categorized under Group M occupancy, which a private garage cannot exceed 1,000 square feet in area. The other alternative would be to call it a commercial building and vary from it to allow him to have a commercial building in that zone, or to require him to put a wall up. There are no provisions to vary from that section in the Building Code. Discussion was on the events that occurred; that the Council has no alternative but to deny the Variance because they do not have the authority to vary from the Building Code; that Mr. Skog was told that the City had no authority and it was his insistence to proceed with the variance request; and therefore, it was generally agreed that the variance fee should not be refunded. MOTION by Jacobson, Seconded by Peach, that the City of Andover deny the Variance request by Mr. Stanley Skog at 577 lS8th Avenue to vary from the State Building Code to build a garage in excess of 1,000 square feet. Reasons for the denial are the State Building Code does not authorize the construction of a private garage in excess of 1,000 square feet, and there is no provision for the City Council, City of Andover, to vary from the State Building Code. (See Resolution R62-9) VOTE ON MOTION: YES-Jacobson, Lachinski, Peach, Windschitl; NO-Orttel Motion carried. Alladin Acres Attorney Hawkins advised that to expedite the project the Council can treat it as a 4/5 project and initiate it on your own Resolution. Mr. Davidson stated that holding a public hearing in 30 days as required by 429 proceedings would detain the project, as they projected awarding bids for the Section 17 road improvement project on August 21. He also stated they would be able to keep the costs of the Alladin Acres project separate from the project already ordered. MOTION by Orttel, Seconded by Jacobson, that August 7 be set as the date for Public Hearlng on Street and Storm Sewer Improvements in the Alladin Acres Addition, and that the individuals concerned be notified as such; and that the Engineering Firm of TKDA be authorized to prepare final plans and specifications for the project so as to allow it to be bid as an alternate to the rest of the improvement area; as a feasibility Regular City Council Meee,ng July 17, 1979 - Minutes Page 9 (Alladin Acres, Continued) study was prepared, the project was terminated, and we have now had a request to re- instate it. (See Resolution R63-9) Motion carried unanimously. DeGardner Road There was a brief discussion on the confusion over whether or not Mr. DeGardner needed to put bituminous surfacing on the road, which the Council approved its location on July 11, 1979. The Resolution passed by the Council on requiring bituminous surfacing was applicable to all preliminary plats and all other streets proposed for acceptance and maintenance by the City not filed as of June 5, 1979. The Clerk noted that the lower portion of the propsoed road was filed prior to June S. It was the Council's recollection that all proposals prior to June 5 had been denied by the Council. The Clerk was directed to research as to the date the plans for the lower portion of the proposed road were filed with the City to find out if DeGardner had an active application as of June 5. Prairie Road Bridge Mr. Davidson stated the plans and specifications for the bridge approaches have been prepared. To use State Aid funds, it must be designed to minimum rural State Aid standards of 50 mph. 1300 feet of roadway must beoconstructed starting approximately 900 feet south of Andover Boulevard. The Council has received a letter relating to rural versus urban section costs, in that it is less costly building to rural standards. The estimated cost for grading and base work is $42,741.50. If it is not blacktopped at this time, the State Aid Division must have a definite year in which it will be blacktopped. He suggested bidding the blacktop as a unit that can be added or deleted as the Council chooses. Attorney Hawkins reported he has received the easement descriptions and will be contacting the owners. He didn't know if there would be any problem acquiring easements or not. The Council expressed concern that easements had not yet been acquired; Mr. Davidson advised that the contract not be awarded until the easements are acquired. He has set the completion date by August 31. MOTION by Lachinski, Seconded by Jacobson, that we approve the Plans and Specifications as prepared by TKDA for the bridge approach on the Prairie Road Bridge Project and to authorize TKDA to advertise for bids. (See Resolution R64-9) Discussion: Bids can be held for 30 days; and if there is a problem obtaining the right of way, we can extend that 30 days with the contractor's approval. Attorney Hawkins stated the City will know within the 30 days whether the easement is acquired or whether condemnation is required. Motion carried unanimously. Surfacing 133rd Avenue Mr. Davidson reported they have received the feasibility study from Consulting Engineers Diversified from Coon Rapids to surface 133rd Avenue. They are holding a public hearing in Coon Rapids on August 7. Normally in circumstances like this Andover should hold a public hearing for its residents affected to determine whether it is a feasible improvement for them and order it the same as through a 429 procedure. The estimated cost per front foot is $35.99 for the street portion and $12.78 per front foot for driveways, with the entire cost for the City of Andover at $37,747 for 747 feet of frontage assessable. It was the Council's feeling that the costs in the feasibility report were extremely high and that a representative from TKDA should attend the public hearing in Coon Rapids to obtain all the facts. Equipment Bonds Attorney Hawkins explained he solicited two quotations on the sale of the City's $85,000 equipment Certificates of Indebtedness to finance the purchase of the new road grader. The State Bank in Anoka indicated they were unable to bid at this time; the First Regular City Cl- ,cil Mel- .Ig July 17, 1979 - Minutes Page 10 (Equipment Bonds, Continued) National Bank indicated they woùld purchase the entire issue at 6 percent simple interest. It is set up on a five-year basis with equal installments of $17,000. He recommended adoption of the Resolution awarding the Certificates to the First National Bank. By law the City is required to levy 5 percent in excess of the principal and interest due in anyone year less the amount pledged for the repayment. In the Resolution, he provided for a tax levy in 1980 of $23,205, and it reduces itself as the principal is paid off. Because there is nothing budgeted for this specifically at this time, we must levy for 1980 for that amount. The levy can be canceled if the funds are put in a separate account for this. The City doesn't end up levying any more, but by law you are required to put this on as a special levy to 'guarantee payment of any indebtedness. MOTION by Lachinski, Seconded by Jacobson, entering a Resolution authorizing issuance of Certificates of Indebtedness prescribing certificate form and making tax levy as presented by the Attorney for the purpose of paying for a motor grader. (See Resolution R65-9) Motion carried unanimously. Liquor Study Committee Jim Elling, Chairman of the Liquor Study Committee, reviewed the Committee's recommendation of a lease-space arrangement for municipal off-sale liquor and a private on-sale with restaurant facilities. He expressed disappointment in the public hearing as there wasn't much public representation. In talking with the residents, he didn't find the kind of opposition to liquor as was found at the public hearing. He stressed the importance of the location of a municipal liquor store, noting that ideally the corner of Bunker Lake and Round Lake Boulevards would be a good location. But he has heard there is public opposition to getting liquor in there. He also stated that if Andover doesn't do it, it is likely that there will be one in the Anoka shopping mall on the southwest corner. The primary reason for the recommendation is for the controlling of liquor within the City. Mayor Windschitl thanked Mr. Elling and the Committee for the efforts they put forth. Mr. Elling stated he has all the information and data that they based their recommenda- tion on. Discussion was on the law requiring a city, once it reaches a population of 10,000, to have a general election on the municipal off-sale portion; that if it were voted out there is a provision for selling the municipal off-sale to private enterprise; that the city could decide to go with municipal off-sale but not start a store immediately; that the law also requires an election if the city is desiring to split liquor as recommended by the Committee; that probably the best argument for providing private on-sale is to attract a restaurant to the city; that there has been several requests for both on- and off-sale liquor and these people are waiting for a decision from the city; that as a rule, people are against a liquor establishment in the residential area which is the reason for the recommendation of placing them in the General Business and Light Industrial zones; that the Committee recommended on-sale licenses issued by lottery based on population, one per year; but that there are problems with this for the person desiring the license as to coordinating his building with obtaining the license; that according to State law the City can only issue a maximum of six private licenses with the Committee recommending one license for every 3500 people; and once the City issues private on-sale licenses, it has the right to revoke it as well. Further discussion was that the Council did not wish to have all municipal liquor, but there was mixed feelings about all private liquor or split liquor in the City. Councilman Jacobson argued against having liquor in any form, as the law reads that the only reason the City has to go into private or municipal liquor business is to control liquor within the City. It seem~g}f you don't issue any licenses, you effectively control the issue. He felt the fairest/ to put it up for a vote on the next general Regular City Co""cil Mee. .lig July 17, 1979 - Minutes Page 11 (Liquor Study Committee, Continued) election ballot in the City. Councilman Peach argued that if all surrounding municipalities issue liquor, it is coming in on all sides and we are not controlling it but just i gnori ng it. The Mayor stated that municipal off-sale can be an awful headache if they are not run right; and it becomes a question of how involved you want your City staff to become as it adds a fairly significant work load to the City Hall. The Attorney stated that it is illegal for the City to spend funds on an advisory election to determine whether the residents want liquor at all. If the Council is leaning toward split liquor, which requires an election, the normal phraseology in the election would be shall the City issue private on-sale licenses to restaurants and hotels and engage in or retain the public off-sale. When the City reaches 10,000 population, based on the last Federal decennial census, just the issue of the City engaging in public off-sale liquor has to be voted on again. Mayor Windschitl asked if the City could issue private on-sale in conjunction with a restaurant and have the City reserve the right to either issue off-sale privately or go municipal at some pOint in the future, kind of a reverse split liquor. He had serious reservations about a City our size getting involved in a municipal operation at this point in time from the ability to manage it. After further discussion, the Attorney was directed to look into adopting an ordinance setting out the issuance of private on-sale for those who have qualifying restaurants and hotels, with the City at this point not getting involved with any liquor at all. Mr. Hawkins explained that the ordinance is the document under which the City issues the licenses, and in that any restrictions would be placed, which usually controls to which establishments the licenses are issued. He knew the City can issue on-sale private; the question is if it is going to have an effect on the City's right to become involved with off-sale. He will research this further and report at the August 7 Council. Councilman Jacobson stated that he would vote against allowing the sale of liquor within the City. Planning and Zoning Commission Report Chairman Bosell requested a joint meeting with Council and P & Z to review the updated Comprehensive Plan. The Council requested a representative from Midwest Planning be present as well. MOTION by Jacobson, Seconded by Peach, that we have a joint meeting with the Planning and Zoning Commission on Wednesday, August 8, 7:30, to review with Midwest Planning an update of the Community Development Plan. Motion carried unanimously. Park/Recreation Commission Wes Mand, Chairman, indicated that the low bid for the fence for the Crooked Lake access was $895; and the Council previously authorized up to $800. Discussion was On the need for that fence, as a nuisance to the adjacent property owner is being created by people using the boat landing. This fence will stay there even after the DNR purchases the additional property for improving the boat landing. MOTION by Lachinski, Seconded by Jacobson, that we authorize a total of $900 for the purchase and installation of a chain link fence on the Crooked Lake Boat access. Motion carried unanimously. In discussion on the percentage of park dedication required by developers, it was requested that the ordinance previously reviewed by the Council and sent back to the Park Board for changes be brought before the Council again as soon as possible. There are some questions relative to the percentage of park dedication when high-density developments are being propsed in the City. Councilman Orttel noted that there has been some resident opposition and concern to the Regular City Council Meetlng July 17, 1979 - Minutes Page 12 (Park/Recreation Commission, Continued) proposed improvement of the boat landing on Crooked Lake, and he suggested that the Park/Recreation Commission hold a public hearing on it to get resident input. Mr. Mand stated the City would have the ability to control the number of parking spaces and can physically limit the ability of the boat landing to carry too large of a boat. Volunteer Fire Department Fire Chief Bob Palmer presented the Council with an updated roster of fire fighters and the June fire calls. He also stated that he was at the Ham Lake Council meeting last night, and they have approved the Mutual Aid Agreement between Andover and Ham Lake. This is the agreement that the Attorney drafted previously. MOTION by Orttel, Seconded by Peach, that the City approve the Reciprocal Fire Service Agreement between the City of Andover and the City of Ham Lake as,prepared by the Andover City Attorney and as amended and signed and presented to us by the City of Ham Lake, and authorize the Mayor and Clerk and Fire Chief to enter into the Agreement. Discussion: The Chief stated most of the time One tanker with three people is sent over for mutual aid, and he didn't think that would present a problem. For the most part there has been five or six people responding to fires during the day. The Attorney had no problems with the Agreement as written. All liability for accidents outside the City are covered by insurance. Motion carried unanimously. Chief Palmer stated it is the Fire Department's recommendation that the $5,000 proposed to be given to the Fire Department for a relief association be divided to $2,500 for the Relief Association and $2,500 to the fire fighters for responding to fires, drills, etc., the amount to be determined on a point system. MOTION by Orttel, Seconded by Lachinski, that we authorize the City Attorney and Fire Chlef to sit down and draft the organizational papers for the Firemen's Relief Association. VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Windschitl; ABSTAIN-Peach, as he is a member of the Fire Department. Motion carried. Fire Chief Palmer requested that the City pay for the firemen's badges for their uniforms. The badges will always stay within the City. It amounts to 35 badges for $352.80. The Council generally had no problem with the request. The Clerk was directed to make a recommendation as to where the money would come from. MOTION by Orttel, Seconded by Lachinski, that the City Council authorize the addition of a sliding step platform for the pump operator on the new pumper truck at a cost of $150 to be taken from the bond money for the Fire Department. Motion carried unanimously. MOTION by Lachinski, Seconded by Peach, to authorize the Fire Department to purchase an RS-10 rescue kit from Advance Ambulance and Equipment Sales, Inc., from funds donated by the Anoka State Bank and First National Bank. Discussion: Lowest quote was $1,023; other quotes were on the same equipment. Motion carried unanimously. The Clerk was directed to draft a letter of thanks to the City of Ramsey for allowing the Fire Department to park in their building. There was a lengthy discussion on all the discrepancies found in the Public Services Building. The contract provides for a $100 a day fine for every day past the completion date that the building is not finished; the completion date was to be June 2, 1979. Councilman Peach reported that the PSB Committee met with Mr. Heer on July 2, where he indicated he would have most of the items completed on Thursday and Friday of that week. They inspected the building again on July 10, and there were still 106 items, about 20 items had been done, but the Committee found 20 more deficiencies. To his Regular City CL_..cil Me¡; ,¡g July 17, 1979 - Minutes Page 13 (Volunteer Fire Department, Continued) knowledge, the State Electrical Inspector has not given final approval either. The Committee doesn't feel the building is substantially complete because there is thousands of dollars of work yet to be done. Councilman Peach is scheduled to meet with Mr. Heer and the presidents of his corporation and that of the Overhead Door Corporation at the building tomorrow morning to look at these items. It was noted that the final payment, approximately $60,000, has not been paid yet. Councilman Peach has asked TKDA to evaluate this list of discrepancies to provide a dollar amount of the work to be done. Discussion was on whether or not the City should begin enforcing the liquidated damages of $100 a day; and if so, when that should be imposed. MOTION by Peach, Seconded by Jacobson, that the Attorney be authorized to send a letter to Bloomberg, Inc., notifying them that they are in violation of their contract which expired on June 2, and that we are holding them responsible for liquidated damages; and direct the City Attorney to pursue the matter. Motion carried unanimously. Discussion was on the establishing of a pOlicy on how City personnel who are fire fighters should be paid for fire calls during the working day. The Clerk indicated incidences where employees would have to leave a job during the normal working day to fight a fire and then would have to, because of the nature of the job, return to work and put in overtime hours to complete the job. The question is whether or not they would be paid overtime, straight time, or nothing because of the fires. There was at one time a statement that the Fire Department budget would be charged for employees responding to fires during the working hours. Chief Palmer indicated that the Department has no problem with paid City employees. The Clerk was directed to draft a policy for Council approval that a person should be paid for 40 hours a week; and if a fire necessitated over 40 hours, then nothing additional would be paid. Personnel Committee MOTION by Jacobson, Seconded by Orttel, that we appoint to the Personnel Committee Mrs. Luella Walch, who lives at 2938 141st Avenue NW, City of Andover. Motion carried unanimously. MOTION by Lachinski, Seconded by Peach, to accept the resignation of Tom Babcock from the Finance Committee. Motion carried unanimously. Swimming Pool Ordinance MOTION by Orttel, Seconded by Lachinski, that the Swimming Pool Ordinance be adopted as written and amended by the Planning Commission and amended to read: or all outdoor points of entry, in Section 3B. Motion carried unanimously. City Assessor Council discussion was on hiring an assessor for the City. During the process of elimination, the choices were narrowed to the County of Anoka or Steven Kuha. Concern was expressed by several Councilmen about the ability of a part-time assessor to complete the physical inspections prior to the deadline and also of the potential problem of hiring an assessor from your own city. MOTION by Peach, Seconded by Lachinski, that the City appoint Steven W. Kuha as City Assessor for this year at a fee of $8,900. Discussion: It was again questioned whether a part-time person could physically do all the inspections necessary without working Sundays. VOTE ON MOTI ON: YES-Lachinski, Peach; NO-Jacobson, Orttel, Windschitl Motion defeated. ". .. Regular City Council Meeting July 17, 1979 - Minutes Page 14 (City Assessor, Continued) MOTION by Jacobson, Seconded by Orttel, that we accept the bid by the County of Anoka as per their letter of May 31, 1979, to do the assessing within the City of Andover for a period of one year with an option of a one-year renewal. VOTE ON MOTI ON: YES-Jacobson, Orttel, Windschitl; NO-Lachinski, Peach Motion carried. Approval of Claims MOTION by Jacobson, Seconded by Orttel, that we approve Claims of Check Numbers 2600 through 2603 in the total amount of $9,619.15 from the General Fund. Motion carried unanimously. MOTION by Jacobson, Seconded by Orttel, to approve Check Number 288 in the amount of $7,981.48; Check 289, $50,474.62; Check 290, $20,469.35; Check 291, $11,581.25; Check No. 292, $18,308.18; and Check 293, $2,619.86. Motion carried unanimously. MOTION by Peach, Seconded by Orttel, to adjourn. Motion carried unanimously. Meeting adjourned at 12:44 a.m. Respectfully submitted, ~~~4- Recording Secretary {IÇ)11q L "~ 6' , G\:f