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HomeMy WebLinkAboutCC June 19, 1979 ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 19, 1979 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on June 19, 1979, 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Peach Councilman absent: Orttel Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson; Planning and Zoning Chairman, d'Arcy Bosell; City Clerk, P. K. Lindquist; and interested residents Agenda Approval MOTION by Peach, Seconded by Jacobson, that the Agenda be approved as published with the addition of Items 5f, Public Services Building; 5g, Award contract - Grader; Be be changed from Personnel Committee to Volunteer Fire Department; lOb, Additional Salary for the Secretary; and 10c, CETA employees. Motion carried unanimously. Midwest Planning - Statement/Caswell Appeal Dave Licht, Midwest Planning, explained the matter involving the Caswell litigation in May, 1978. They were contacted by the Clerk, who indicated that there was a trial pending and that they were to contact Mr. Burke, the City Attorney, in terms of pro- ceeding with assistance on the matter. Ms. Lindquist requested they provide an estimate, and his indication was he'd find out more from Mr. Burke. A verbal estimate of $700 to $800 was given, and he submitted an authorization form on May 5 that indicated the - work they would conduct. In preparing for the case, which was only a matter of two weeks' time, it became evident that there was more work involved, and subsequently they supplied another authorization form on May 15 that had no cost estimate. They felt that there was a clear understanding at that point that they were saying this is a time and materials project. They were not aware of any indication by the City Clerk of a limit of $1,000, and there was nothing in writing to this effect. They tried to respond to the benefit of the City. Since that time, they have been made fully aware of the ground rules and have operated under them. It has been a year since this matter was billed to the City. They billed the City for $1,707; and as of November, 1978, the City issued a check for $1,000. He finds that unacceptable in terms of the services they provided. Mr. Licht also explained that their work demonstrated that the connections and hook-up potentials that TKDA made made good sense for the development of that property by providing diagrams and sketches that justified the whole assessment. Council discussion was on the events that took place and over the misunderstanding of the quotes. Attorney Hawkins reported that Mr. Burke denies that he approved the second authorization to Midwest Planning. Mr. Licht stated there was a misunderstanding on their part at that point that they thought they had a free reign in terms of the matter. They were not advised of the City policies; or if they were advised, they didn't under- stand them. Ms. Lindquist reported that the last dollar figure she remembers is $700 to $800 and does not recall any mention of any additional work that they were to do. She never received a copy of the May 5 authorization form; the only authorization form is that of May 15 which does not indicate an amount by Midwest Planning, but she had written $700 to $800 in pencil on the top. Discussion was on how to best resolve the issue. The Council proposed, and Mr. Licht agreed, splitting the remainder of the bill to resolve the issue. MOTION by Peach, Seconded by Jacobson, that the City Council authorize an additional payment for final settlement of $375 to Midwest Planning and Research for assistance on the Caswell case. Motion carried unanimously. Regular City Council Meeting June 19, 1979 - Minutes Page 2 Approval of Roads - Barnes Second Addition Mr. Faye Barnes, owner of the Addition, presented a Letter of Credit from the First National Bank for $750, plus a letter from the Anoka Electric Cooperative stating that they will take care of the road damages. The road damages have been taken care of already. He also explained that he is holding money from Northern Contracting because of the work left to be done, which is a ditch to be filled. Engineer Davidson reported that they estimated the amount of work left to be done in the Addition is $750, and recommended accepting the roads with the Letter of Credit for $750. It was also noted that by accepting the roads, the moratorium on building permits would automatically come off. MOTION by Jacobson, Seconded by Lachinski, that the City Council, City of Andover, accept the streets in Barnes Rolling Oaks Second Addition and that a cash deposit of $750 be posted with the City until uncompleted work is completed. Motion carried unanimously. Rezoning - D. Skeim Chairman Bosell reviewed the Planning and Zoning Commission's recommendation for approval of Mr. Skeim's rezoning request to Neighborhood Business for approximately 10 acres across from the present industrial park. Because the Council did not have the benefit of studying the feasibility study, Mr. Delano Skeim explained that at first the property was looked at for residential sub- division. But it became apparent that this property had other, better uses. A determination was made from the feasibility study that the acreage across from the industrial center be made into neighborhood business zoning. They polled residents of Andover asking what type of businesses they wanted or needed in the neighborhood business location there. They found that 82 percent favored the location and preferences for services were grocery store, hardware home center, and restaurant, in that order. His ,company does have a commitment for development of the area should it be rezoned. Mr. Skeim also explained that the design concept is a wood-frame-type of mall. During further discussion, it was pointed out that the land is high and dry and sandy with no standing water. Mr. Skeim also explained that the initial sketch plan showed the lot on the north as a single lot, which is the reason for the difference between the notes indicating that five lots would be rezoned, but the request is for six lots to be rezoned. The building is designed so that in the event one of the major users decides to have 100 percent ownership, the lot could be sold to them to end up with a zero lot-line clearance, which is a continuous mall but under separate ownership. He also stated that what is proposed is intended to be the final, and it will be built in phases. Adjacent to County Road #9 would be the location for the restaurant, and the lot to the west of that would be the location for a small professional-type building. Those two would not be connected but would have a parking lot between them. Councilman Jacobson stated in the rural area, the standard is 2~ acres, and in a neighborhood business, the standard is 2 acres. The lots proposed are 1.8 acres. Mr. Skeim stated this falls under the planned unit development, so the lot sizes are not attributable. Chairman Bosell explained that this is dealing with the rezoning only, which is the request for rezoning approximately 10 acres. The P & Z did review site plans, but they still have the ability to look at the concept when they study the site plan. She also explained that the rezoning is in conformance with the City's Comprehensive Development Plan in that it is on one of the major intersections in the City. Discussion was also that the ordinances state a rezoning of 2 to 5 acres for a neighborhood business and that this would fall under Shopping Center. But it was also noted that zoning NB severely restricts what can be put on it. Councilman Peach had trouble making a neighbor- hood business 10 acres big, as he felt the proposed center is shopping center size. He also noted that this is in the rural, unsewered area. Regular City Council Meeting June 19, 1979 - Minutes Page 3 (Rezoning - D. Skeim, Continued) Testimony was then taken from local residents. Roger Sharon, 15931 Vinta~e Street - questioned why the land across the street, which is a commercial area, can t be used for this project. He felt it should be kept in the commercial area instead of in the residential area. He also feared the businesses expanding to liquor, etc., in the future. Council noted that rezoning to NB is an attempt to restrict what is placed in that area with an idea to try to serve neighborhoods. Mr. Sharon - felt that all people on both sides of County Rd. #9 should be polled to see what they would want and if they even want it there. Their kids will be living close to this and the traffic, and the roads aren't up to any more traffic. He feared increased traffic and the addition of stop and go lights. Who is going to pay for it? Even the upgrading of the roads cost people money as taxpayers. He also complained that the City's road service has gone down rather than improved, especially Xenia St. Rodney Odella, 15962 VintaGe Street - stated their roads aren't up to par to handle any more traffic, as they can arely handle it now. And also stated his objection to the condition of the roads, especially Xenia. The industrial park is right across the road; why not use that? Larry Koep, 16055 Vintage NW - it was his understanding from the girl who brought the poll around that this was a shopping center. She didn't have much information for them at all. Mr. Koep, too, felt that the commercial should stay together on the other side of the road, which is already zoned industrial. He felt this would be duplicating services, because Tom Thumb is only l~ miles or less from there. Mr. Skeim stated they received 150 responses from their poll, from which they received their statistics. Seventeen were employees at the industrial center, and the rest were at random throughout the entire City, basically the nothern half. Mr. Sharon - stated the people who came at their house with the poll only told them this would be on the corner of 161st and #9 and that it has already gone through. Judy Odella, 15962 Vintage Street - the girl who brought the poll to her house stated lt was a shopping center. She was told that it was rezoned already and there was no choice of it going in and that they were taking a poll of what stores would be going in. Residents present indicated that they were not notified of the public hearing held by the P & Z or of the proposed rezoning in that area. It was noted that only two people live within 300 feet of this area. Mr. Sharon felt that people beyond 300 feet should be notified on matters as important as this. Karen Schelberg, 16135 Vinta~e - stated she was told by the person taking the poll that lt was already zoned for a sopping center but she wasn't told which side of the inter- section it was. She had a choice of what kind of stores she wanted in there. With the proposed development on 116 and 9 and on 10 and 242, Ms. Schelberg felt that having shopping centers so close would be a conflict. Also, a lot of residents do not sub- scribe to the Union and do not hear of the notice of public hearings. She agreed that there are speeding problems, road problems, and every year it gets worse. With another shopping center, how much more garbage do we have to put up with along the roadside and just an eye sore area in general? In general discussion with the residents present, they indicated their objection is to the very presence of a shopping center there. As long as there is a commercial area across the street, they felt it should be confined to that area and questioned why this development couldn't be put in there. They felt the zOning of the industrial area to NB would be better than going into single-dwelling home property. Also, there is a Tom Thumb store that isn't far from their neighborhood. Council also discussed the possibility of discussing this at the Alladin,Acres/Section 17 public hearing on July 9 when more Regular City Council Meeting June 19, 1979 - Minutes Page 4 (Rezoning - D. Skeim, Continued) residents will be here for a larger representation from that area. The Council must take action on the request within 60 days from referral by the Planning Commission. This was referred to the Council on May 22, 1979. Discussion was also that notice of public hearings would receive wider circulation if it were published in the Shopper and that the Clerk is to be sure that the signs indicating a proposed rezoning be placed on the property in question. When notice of the street improvement project is sent to residents affected in Section 17 and Alladin Acres, the Clerk will add a separate note indicating that this rezoning request will be discussed after the public hearing. The Clerk is also to publish notice of the rezoning request in the Shopper prior to the July 9 meeting. MOTION by Peach, Seconded by Lachinski, that the question of rezoning the property in Section 17 requested by Scandinavian Construction and Mr. Delano Skeim be delayed to the July 9 meeting. VOTE ON MOTI ON: YES-Lachinski, Peach, Windschitl; NO-Jacobson Motion carried. Chairman Bosell noted she will not be able to attend the July 9 meeting and that she is a resident of that basic area and does feel that this need is definite in that area. The closest convenience store in her area is in the next township of Oak Grove; and she would like to funnel her money and business into the City. She saw that it could be very useful and very viable for the City, adding a lot to the community; but she would also respect the wishes of the other residents. Mr. Skeim didn't object to waiting until July 9; because if the neighborhood didn't want it, obviously it wouldn't be a good idea. He asked Councilman Jacobson if he had an objection to this. Councilman Jacobson stated from the material he had already made up his mind on the request and that is why he voted against waiting until July 9. Variance - R. Gilson Bob Gilson, Cham~, owns property in Woodridge Acres and would like to build a driveway to hlS property ecause the existing street doesn't go to it. He has the survey done with the proposed driveway location. Attorney Hawkins stated in reviewing Ordinance 8, Section 4.04 and Ordinance 10, Section 16, he didn't see that there is a need for a variance, as it meets those requirements of the two definitions. Mayor Windschitl expressed concern over the buildability of the lot, as it was his opinion that the lot is in peat. Mr. Gilson stated he has had soil borings on it and they are okay. Mayor Windschitl was also concerned as to how the City would provide services to that lot, as the City has an obligation to provide services if a building permit is issued. After further discussion, it was noted under Section 4.04, Subdivision a, that the lot shall be buildable provided it frcm.$ on a publIc rlghl; of way, which this is; that Mr. Gil~on is asking permission to build a driveway on a portion of publicly owned property; that the property is already sold if Mr. Gilson can get a building permit on it; the problems with the existing roads; that the City has never accepted the streets in this development; that the City can require that the driveway be built to certain standards; that the driveway would be over 100 feet long; and on suggestions as to how the road could be built to provide an easier turnaround for snowplows, etc. Attorney Hawkins stated that that easement is the City's and it is the responsibility once we accept it to maintain it But merely because there is easement dedicated on a plat or deeded to us doesn't mean we have any responsibility at that point to maintain it. But he didn't see how we can require him to put a road in there. If the road goes in and the City puts it in, they specially assess it to the benefited lot, which in this instance would only be lot 1, block 2. Regular City Council Meeting June 19, 1979 - Minutes Page 5 (Variance - R. Gilson, Continued) Engineer Davidson stated they looked at this with Mr. Gilson, and this proposal was a compromise solution. His private driveway would start at the existing dirt roadway, which means that he has a longer part of his driveway in a public right of way than anyone else. It was his opinion that the City didn't want to aSàume the obligation of having to plow out a single driveway. And by approving this rlvewaY'the City would, in effect, be approving that portion of the street. Attorney Hawkins stated in almost every case, a private driveway runs from the public roadway over public right of way to the private property line; and this is just a little longer. He didn't think that this would impose any obligation on the City. The City could simply maintain the existing roadway as it is doing now, and it would be Mr. Gilson's obligation to maintain his own private driveway. Under the ordinances as they are now written, it was the Attorney's opinion that he complies and that no variance is needed. MOTION by Jacobson, Seconded by Lachinski, that the City Council and legal counsel has determined that a variance for Mr. Robert Gilson at 11417 Utah Street in Champlin is not required for a lot in Lot 1, Block 2, Woodridge Acres in the City of Andover; there- fore, the City Council will return the $25 variance fee to Mr. Gilson. (See Resolution R49-9) Motion carried unanimously. Mayor Windschitl again expressed concern over the soil conditions on this lot hoping that the Building Inspector will look at this very carefully. Special Use Permit - North Central Public Service Ward Foss, North Central Public Service, explained that the purpose of the building is for warm storage for some of their maintenance equipment. The building will be set back approximately 800 feet from Seventh Avenue and 60 feet back from the future 143rd Lane. It is within the fenced area, that area being 250 feet by 200 feet. It will be a metal building, trying to blend in with existing buildings. Machines to be stored in the building are pickups, air compressors, etc.; and light repairs will be done in it. MOTION by Peach, Seconded by Lachinski, that the City Council approve the recommendation of the Planning and Zoning Commission to approve the North Central Public Service Special Use Permit in the vacinity of 143rd Lane and Seventh Avenue, legal as contained in the Planning and Zoning recommendation. (See Resolution RSO-9) Motion carried unanimously. Recess at 9:10; reconvene at 9:20 p.m. Public Services Building Councilman Peach reported that the 150-day limit expired last week, and they discussed with the Attorney sending a letter to Dick Heer notifying him of that expiration date. Last week the PSB Committee inspected the building and made up a checklist of various discrepancies. Presently Mr. Heer is correcting those discrepancies and is working out the differences with the Building Inspector. Councilman Peach preferred to let that process continue. Final inspection is scheduled for Thursday. Mayor Windschitl su~- gested that the two panels in question be checked by a structural engineer and ana yzed very carefully. Councilman Peach alsolnoted that FabCon has repaired the panels and has addressed that problem. Park Ordinance Wes Mand, Chairman of the Park/Recreation Commission, explained this ordinance is different than the one presented previously. This is to control the use of the parks and to re-establish the Park Commission. Councilman Jacobson presented his copy to Mr. Mand with his recommended changes and questions. It was also suggested that the wording be changed to include only City parks, so it will not be in conflict with the County park in the City. Mr. Mand and the City Attorney will clarify that wording. Regulàr City Council Meeting June 19, 1979 - Minutes Page 6 Swimming Pool Ordinance Chairman Bosell stated that due to the lateness of their last meeting, they did not have time to review the concerns raised at the last Council meeting on this Ordinance. Councilman Jacobson presented Ms. Bosell with his copy showing changes and questions he had. Councilman Lachinski pointed out that a 200 square foot area is a 16-foot diameter pool, and he felt even a 12-foot pool has some hazards involved. He also questioned why a portable fence around the pool area while it is being constructed is required but is not required while digging a basement. Discussion noted that while constructing a pool, a lot of water can collect, which is hazardous. While building a basement, that water soaks into the ground. Ms. Bosell noted that this recommendation came from the swimming pool industries themselves. Cigarette - Off-Sale Malt Liquor Licenses - Nemeth's MOTION by Lachinski, Seconded by Peach, that we grant a Cigarette and Off-Sale Malt Liquor License to Stephen J. Nemeth, Sr., of Andover for Nemeth's Grocery at 13325 Crooked Lake Boulevard; license to expire December 31, 1979. Discussion: Mr. Nemeth explained that he never received the first application sent to him through the mail. VOTE ON MOTION: YES-Lachinski, Peach, Windschitl; ABSTAIN-Jacobson Motion carried. Kennel License - Ozzie's Kennels . MOTION by Jacobson, Seconded by Peach, that we approve a license for a Dog Kennel at 1657 Constance Boulevard under the name of Mr. Edward Bayers dba Ozzie's Kennels; such license to run through May 31, 1980. Motion carried unanimously. Award Contract - Grader The Clerk explained that two bids were received. One from John Deere in the amount of $85,132, which includes a five-year maintenance agreement at a cost of $1,000 per year; maintenance agreement can be canceled at any time with one year's notice. The other bid was from Road Machinery Supplies in the amount of $95,356 with no maintenance agreement included, bidding on a Clark 301 grader. She has talked with First National Bank, who guaranteed to buy the bonds. The City can set the payment schedule whichever way it wants, with interest at 5.75 to 6.25 percent. The money would not be received until the grader is delivered, around September 1. Discussion was on the setting up of a payment schedule for the equipment bonds; both bids were on the same type of unit and met the City's specifications; and Ray Sowada has reviewed the bids. Paul Houle, 15908 Tulip - felt that the John Deere bid was very cheap. He is very familiar wlth construction equipment and stated that John Deere is historically a high- maintenance piece of equipment; that John Deere controls are all electric over hydraûlic and after three or four years you start having problems. Discussion was that the reason a six-wheel drive was recommended is because it was the Road Committee's feeling that we could get a lighter machine with more pull; that the maintenance agreement includes all major repairs for $1,000 a year, and should maintenance cost more than that, it would be done at the company's expense; that the grader bid is a 672A model with 125 horsepower; and that the controls were specified to be hydraulic. Council also reviewed what the maintenance contract covers and what the City is responsible for. After looking at a picture of the control panel, Mr. Houle stated that it is different from the models he had operated and felt by the looks of the panel that the controls were hydraulic. Regular City Council MeetIng June 19, 1979 - Minutes Page 7 (Award Contract - Grader, Continued) MOTION by Lachinski, Seconded by Jacobson, entering a Resolution acknowledging receipt of bids from Valley Equipment Company bidding a John Deere 672A Grader with Falls W-12 wing and Falls V-890 v-plow for a total bid amount of $85,132, which includes a five- year maintenance contract; and from Bill Johnson of RMS, bidding a Clark Super 301 for a total bid amount of $95,356 not including a maintenance agreement; and authorize the purchase of the John Deere 672A grader with Falls W-12 wing and Falls V-890 v-plow from Valley Equipment Corporation for a total purchase price of $85,132, which includes a five-year maintenance agreement. (See Resolution RSl-9) VOTE ON MOTION: YES-Jacobson, Lachinski, Windschitl; ABSTAIN-Peach, as his employer does business with these companies. Motion carried. MOTION by Lachinski, Seconded by Jacobson, to authorize the Attorney and City Clerk to obtain quotes for equipment bonds for the purchase of the motor grader and to prepare the necessary documents. Motion carried unanimously. Park/Recreation Commission - Community School Park Chairman Mand and Nancy Hageman, Community School Coordinator, reviewed the memo relative to the proposed costs for development of the Community School Park. Ms. Hageman noted that the warming house for $20,000 is a separate item, so the total cost for park development would be $86,000. They also reduced the cost of seed and fertilizer to $500, as she has been told that it would be better to plant seed with fertilizer and have a sprinkling system, rather than putting in all new topsoil. This decreases that cost considerably. Concern was expressed by Mayor Windschitl on holding grass in the sand without adding topsoil; Ms. Hageman was going to check on this item again. It was felt that the City would pay for maintenance on the sprinkler system and the school would pay for the electrical power used. Discussion on the warming house was that it would be a concrete block building, 20x30 feet with 10-foot overhang on one side, heate~ with electricity. Also discussed was the City's, School District's and Advisory Council's share of the costs assuming LAWCON grant funds provided a minimum of 50 percent of the project -- funding of the entire project as proposed, which would amount to approximately $30,705.40 as the City's share; or funding part of the project for softball fields, seed and fertilizer, well, soccer goals, in which the City's share would be $9,715.20; that some engineering may be necessary on individual items; that if the hockey rink and warming house are built, the maintenance must be considered because the school district has not and will not commit themselves to maintainingthanfor elementary school sites; and that all extra maintenance involved is the City's responsibility. General Council consensus was that Mr. Mand should apply for the entire grant, and at such time the City does receive a grant, the question of whether or not a hockey rink and warming house should be constructed in this park would be decided at that time. Mr. Mand requested that a fence along the boat landing be installed for a cost of $700 to $750. MOTION by Peach, Seconded by Lachinski, that $800 be authorized for the installation of a fence on the boat landing site on Crooked Lake. Motion carried unanimously. Volunteer Fire Department Fire Chief Bob Palmer explained that the owner of the fire barn the City is renting is requiring an additional $20 for rent until the end of June, which would be $80 for the entire month of June (rent has only been paid for the first half of June). MOTION by Jacobson, Seconded by Peach, that we pay an extra $20 for the rental of the temporary storage facilities for the Andover fire trucks. Motion carried unanimously. Regular City Council Meeting June 19, 1979 - Minutes Page 8 CETA Employees Ms. Lindquist explained that two CETA workers are working for the City who are dOing a terrific job. CETA pays for 32 hours a week. She requested the City pay each person $2.90 an hour for an additional 8 hours a week so they can work a 40-hour week. MOTION by Lachinski, Seconded by Jacobson, that we authorize the expenditure of $2.90 per hour for 8 hours per week for each of the two CETA employees that are currently employed by the City. Motion carried unanimously. Due to the inclement weather, meeting was adjourned at 10:15 p.m. \. Respectfully SUbm~ . ~~ u~ Ma ella A. Peach Recording Secretary l-, l· "dJ1¡ \4)\'\\ (}~ \ ) ..