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HomeMy WebLinkAboutCC January 15, 1980 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 15, 1980 AGENDA 1. Call to Order: 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Non-Discussion Items a. Wobegon Woods - Final Approval b. Baker & Sons - Rezoning Approval c. Haluptok Road Location - Approval d. Award Contract - Dump Truck e. Woodland Terrace - Extension/Preliminary Plat f. Worker's Compensation Carrier g. Authorization - C1erk/MCFOA COnference h. 5. Discussion/Information Items a. Junkyard License Applications b. Cedar Crest Fourth Addition - Development Contract c. Storage of Cover Materials - Landfill d. Stenquist - Lot Split e. Comprehensive Plan f. Carry-over of Funds for Fire Department g. 6. Reports of Commissions, Committees, Departments a. Park & Recreation Commission b. Volunteer Fire Department 7. Approval of Minutes a. December 27, 1979 b. January 2, 1980 8. Approval of Claims 9. Adjournment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 15, 1980 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschit1 on January 15, 1980, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Peach Councilman absent: Ortte1 Also present: City Attorney, William G. Hawkins; City Engineer, Mark Schumacher; City Clerk, P. K. Lindquist; and others Agenda Approval MOTION by Lachinski, Seconded by Jacobson, to approve the Agenda as published with the following additions: Item 4h, Landfill Meeting Date; Item 4i, Personnel Issues Meeting Date, and the deletion of Item 6a, Park/Recreation Commission. Motion carried unanimously. MOTION by Jacobson, Seconded by Peach, that we dispense with the rules for tonight's meetlng. Motion carried unanimously. Wobegon Woods - Final Approval MOTION by Jacobson, Seconded by Peach, that the City Council, City of Andover, accept the Final Plat of Wobegon Woods and accept the streets therein for maintenance purposes subject to receipt of a Maintenance and Security Bond in the amount of $2,000. (See Resolution R3-80) Discussion: The Clerk noted that the Maintenance and Security Bond has been received and will be so noted in the Resolution. Motion carried unanimously. Baker & Sons - Rezoning Approval Attorney Hawkins stated that the parcel in question is a metes and bounds conveyance. The description of the property would run to the center of the roadway and would be subject to the easement over that. With that description, the measurements would equal an adequate size for that parcel to be zoned Limited Business. Mr. Hawkins also presented copies of an Agreement he has drawn up regarding the use of the property in question and explained the provisions of that Agreement. That Agreement has not yet been signed by Baker & Sons. Mr. Hawkins also stated that in his research, he has found that there has never been a legal decision in Minnesota, but the courts are split as to whether or not cities can enter into contract zoning allowing only a specific use under a zoning change. I Councilman Jacobson stated at this time he is not in favor of the rezoning. Because a rezoning requires a 4/5 vote, the Council agreed to postpone further action On this item until a full Council is present. MOTION by Lachinski, Seconded by Jacobson, to! refer the matter of Baker and Sons Rezonlng to the first regularly scheduled meeting in February. Motion carried unanimously. Haluptok Road Location - Approval Discussion was that according to the surveyor S certificate, both proposed parcels would be under five acres, which means the land could not be divided by metes and bound s. Planning Commission Chairman d'Arcy Bose11 explained the Jehovah's Witnesses Church, oWner of the property to the west, has given 33 feet of road easement to the cul de sac. A road easement wi 11 be he ld a lOng the remainder of the property 1 i ne to the southern border so that at such time Tract B would want to be divided, the road easement would exist. Regular City Council Meeting January 15, 1980 - Minutes Page 2 MOTION by Jacobson, Seconded by Peach, that the City Council move the question of the Chrlstine Haluptok road location to the first scheduled meeting in the month of February to allow time for verification of the size of parcel of land upOn which the road easement would be located to make sure that they are a true 10 acres and each lot will be a true five acres. Discussion: Councilman Peach questioned why we would postpone this when a certified surveyor has already shown that it isn't. Attorney Hawkins stated this would qualify under the Lot Split Ordinance or the Council has the right to grant a waiver under the provisions of Ordinance 10. Further discussion was that this is a request for a road location only, not for a lot split; that the question of the size of the proposed parcels only makes a difference in how it is divided; that the Council can grant the road location for the entire parcel of approximately 10 acres, and the applicant can then apply for a lot split if she cares to. Councilmen Peach and Jacobson WITHDREW the Second and the Motion. MOTION by Lachinski, Seconded by Jacobson, entering a Resolution approving a road locatlon in Section 13, Township 32, Range 24, as proposed by Christine Ha1uptok Canfield, as in the Resolution prepared for the Council this evening; that this approval of the road location does not approve a lot split of the 10 acres at this time, and that the property owner would have to apply for a lot split under the Lot Split Ordinance (See Resolution R4-80) Motion carried unanimously. Award Contract - Dump Truck Council discussed the bids for the new dump truck with Ray Sowada, Senior Public Works Person (Reference January 15, 1980, memo to Mayor and Council from Ray Sowada). Council considered a gasoline engine versus a diesel engine and automatic transmission versus manual transmission on the new truck. Because of the number of people who will be driving the truck, and because of the problems other cities have been having with clutches in manual transmissions, Mr. Sowada's preference was an automatic transmission. He also felt that more horsepower was needed on the truck bid by Boyer Ford and added an additional $250 to bring the horsepower up to that which was bid by Bloomquist International. The Ford salesperson also told Mr. Sowada that a two-speed axel would not be recommended with an automatic transmission, and that it is not needed. The two-speed axel is included in the quote of the automatic transmission model. Further discussion was that the diesel gets better gas mileage, has a warranty of 100,000 miles as opposed to the gas engine at 12,000 miles; that two of the fire trucks are diesel engines with the same engine size as being recommended in the truck, which would make this truck more compatible for maintenance purposes; that the bids include everything that would be needed on the truck except a City radio; and that International is now on strike and cannot guarantee a delivery date for the truck. Attorney Hawkins stated if the Council feels that the delay in the delivery of the truck caused by the strike at Bloomquist International will cause the City some funds, that that can be taken into account when awarding the bids. Art Stenquist, 159th Avenue - stated the City of Ramsey has just purchased a new Ford truck with a gasollne englne. He plowed snow the last time it snowed, and the truck used 50 gallons of gas in six hours. He felt the diesel engine would be the best. Bob Palmer researched and found that the warranty for the fire trucks which have the same engine has an overall warranty of two years. MOTION by Lachinski, Seconded by Peach, acknowledging the bids from Bloomquist International, Inc., for diesel engine with automatic transmission in the amount of $40,110; and Boyer Ford, Inc., in the amount of $39,915, adding $428.64 to make the engine identical to the fire trucks, total amount would be $43,343.64. And award the bid Regular City Council Meeting January 15, 1980 - Minutes Page 3 (Award Contract - Dump Truck, Continued) (Motion by Lachinski, Seconded by Peach, Continued) to Boyer Ford, Inc., based on the ability to deliver within 180 days. Clarification -- that Bloomquist International quite possibly would not be able to deliver within the 180 day period. Awarding of the bid with the request that Boyer Ford give some reduction for the elimination of the two-speed axel. Acknowledge the Boyer Ford bid includes a 210 horsepower engine, which is identical to the current diesel engines in the fire trucks. (See Resolution R5-80) Motion carried unanimously. Woodland Terrace - Extension/Preliminary Plat MOTION by Jacobson, Seconded by Peach, that we send the Woodland Terrace Preliminary Plat back to the Planning and Zoning Commission for further comments and work. Motion carried unanimously. Worker's Compensation Carrier MOTION by Peach, Seconded by Jacobson, that Minnesota Mutual Fire & Casualty Company be designated as the Workmen's Compensation Insurance carrier for the City of Andover. Motion carried unanimously. Authorization - C1erk/MCFOA COnference MOTION by Jacobson, Seconded by Peach, that we authorize the City Clerk to attend the Clty Clerk's conference held March 26 through 28, 1980, at the Radisson Arrowwood Resort in Alexandria, Minnesota; and that the amount of $150 as shown in the 1980 budget be used for the meeting. Motion carried unanimously. Landfill Meeting Date Mayor Windschit1 stated he has talked with different people this last week about the 1 andfi 11. To his knowledge, the PCA has not responded to Anoka County's letter. Discussion was on a formal request to the Anoka County Commissioners and to the PCA to have a joint meeting with them to get some action moving tryjgg to resolve concerns with the landfill. Council expressed dismay that shortly after the December meeting with Anoka County Commissioner Ed Fields and Bob Hutchinson of the Anoka County Health Department, Waste Disposal was granted their junkyard license and that the bond amount required was not increased as was talked about at that meeting. Also, the City has not yet received from Anoka County Health the information they have on the hazardous waste pit at the landfill. MOTION by Jacobson, Seconded by Peach, that we authorize the Mayor to write a letter to the Anoka County Board of Commissioners and the Minnesota Pollution Control Agency inviting them to attend a meeting at the Andover City Hall offices on Tuesday evening, January 29, 7:30 p.m., or an alternate date which meets with the Mayor's approval, to discuss matters of mutual cOncern concerning the landfill operation in the City of Andover, and also discuss problems with the Musket Ranch, also located within the City of Andover. Motion carried unanimously. Personnel Issues Meeting Date MOTION by Jacobson, Seconded by Peach, that we hold a meeting on Tuesday, January 22, beglnning at 7:30 to discuss personnel matters for the City of Andover. Motion carried unanimously. Regular City Council Meeting January 15, 1980 - Minutes Page 4 Junkyard License - Andover Auto Parts Dave Almgren, Building Inspector, reported that since the last meeting, all posts and materials that were laying on the ground have been put up. Now the ground is too hard to bore more holes for the fence posts. They will complete it next spring. All materials for the completion of the fence are being stored at Sylvester's now. He also stated that he has been informed that a crusher is supposed to be in this week or next to clean up the area that can be seen. MOTION by Lachinski, Seconded by Peach, to approve the Junkyard License for Andover Auto Parts; but that the license be conditioned on the fact that the fence must be completed by May 1 to remain in effect. Motion carried unanimously. Junkyard License - RiteWay Auto (1856 Bunker Lake Boulevard) MOTION by Jacobson, Seconded by Lachinski, that the Junkyard License for RiteWay Auto at 1856 Bunker Lake Boulevard be approved. Discussion was on the large entryway to a yard in this area. Mr. Almgren was directed to find out which yard has the large entryway. Motion carried unanimously. Junkyard License - RiteWay Auto (1714 Bunker Lake Boulevard) It was questioned whether the Special Use Permit for this yard had a two-year condition on it. Mr. Almgren reported that they are working on all the things that need to be done at once, so as of this time no one thing is completely finished that needs to be done for the Certificate of Occupancy Permit. MOTION by Jacobson, Seconded by Lachinski, that the Junkyard License for RiteWay Auto at 1714 Bunker Lake Boulevard be denied for not complying with the City ordinances. Discussion: Attorney Hawkins wondered if the area pertaining to the junkyard itself and that of the Certificate of Occupancy pertaining to the State Building Code were getting mixed up. The question discussed was whether the City ordinances require an occupiable building for a junkyard business. This item was continued until later in the meeting to allow the Attorney to review the ordinances relative to the requirement of a bui 1ding for a junkyard business. Cedar Crest Fourth Addition - Development Contract The Clerk testified that the lot in question to be used for drainage purposes is within the Fourth Addition and will be deeded to the City. Mayor Windschit1 didn't agree with the second paragraph on Page 2 of the TKDA letter which allows the developer to con- struct T-turnarounds at the end of the streets. He felt this was a hindrance for plowing snow and stated that a full-radius turnaround is required in all other developments. Mr. Schumacher stated he would check with Mr. Kasma as to the reason this is being a 11 owed. MOTION by Jacobson, Seconded by Peach, that we authorize the Mayor and City Clerk to enter into a Development Contract for Cedar Crest Fourth Addition, developers being Horace M. Mayo and Charles E. Bankey, and making note of the changes in the typed Development Contract to wit under Section 4, the number of $94,300 shall be changed to $89,000; and under Article No. 11, the date of July 1, 1980, shall be changed to October 1, 1980; and that in the attached specifications for the road attached to the Development Agreement, take note that the City does not agree with T-turnarounds for said streets as the City requires full cu1 de sacs instead of T-turnarounds. Motion carried unanimously. Storage of Cover Materials - Landfill Mr. Ron Roth was not in attendance. Mayor Windschit1 stated he has discussed this with the County today, and Mr. Roth was apparently notified to apply for this about three Regular City Council Meeting January 15, 1980 - Minutes Page 5 ((Storage of Cover Materials - Landfill, Continued) months ago. The Mayor didn't think the City could agree to anything with the landfill until the Addendum over expanding the landfill out to Crosstown Boulevard is signed. Council discussion was the frustration of the apparent lack of cooperation from the County and PCA over the various concerns over the landfill; the issuing of the license by the County to the junkyard prior to the addendum being finalized; the amount of the bond required of the landfill by the County remaining the same despite the City's concerned expressed at the December 10, 1979, meeting relative to liability for clean- up and pollution; the disadvantages of stockpiling the lime sludge and not knowing how long it would sit there; suggesting the Attorney be authorized to research the City taking legal action against the landfill, noting particularly the problems of the noise pollution along Crosstown Boulevard, the hazardous waste pit located in the landfill, the question of the Addendum and the question of the final cover for the completed areas of the landfill; and that this research be done prior to meeting with the PCA and Anoka County Commissioners so the City will know if it has any legal standing at all on the matter. MOTION by Peach, Seconded by Windschit1, that the City Attorney be authorized to lnltlate research into the possibility of the City taking legal procedures against the Ron Roth landfill, referring especially to the hazardous waste materials at the dump, and the truck noise in and around the dump, and the Addendum restricting the expansion of the dump, and other matters. Motion carried unanimously. Bob Palmer - asked if the Deputy could watch the driveway of the landfill and at the corner of Bunker Lake and Crosstown Boulevards, as the trucks do not stop at the stop signs; and he feared this could cause an accident. He stated he has seen three near- accidents in those areas. The Clerk was directed to ask the Deputy to watch for those, plus to supply the Deputies with copies of the County ordinance, which allows them to go into the landfill after hours to check what is being done there after hours. Mr. A1m~ren - stated that the sludge brought in is dropped on the roads, which creates very s11ppery spots. He asked if the County couldn't be made aware of this and the matter be taken care of. The Clerk was directed to ask the County if they can require the landfill to clean up the sludge dropped on the road. MOTION by Peach, Seconded by Windschitl, that inasmuch as this stockpiling of lime sludge has created hazardous situation on the roads in Andover, that the stockpiling of lime sludge at the Ron Roth landfill be denied. Motion carried unanimously. NOTE: Mr. Roth did not appear this evening even though he requested the meeting to talk about the matter. There has been a problem with the truck noise related to the hauling of this lime sludge. It is questionable as to how long the lime sludge would be stockpiled in one place or where it would even be stockpiled. Stenquist - Lot Split Discussion noted that increasing the frontage of the proposed lots to 300 feet would leave the barn 49 feet from the property line and would result in the lot size of 1.38 acres for the proposed lots. Art Sten~uist - stated the barn is at an angle. By measuring from the apron, less than 49 eet would be left. He felt he needed about 60 feet from the edge of the barn to the property line to make the barn usable. Chairman Bose11 stated it is the Planning Commission's opinion that the City should not violate the 300-foot lot frontage requirement on these pieces of property. Regular City Council Meeting January 15, 1980 - Minutes Page 6 (Stenquist - Lot Split, Continued) MOTION by Peach, Seconded by Lachinski, entering a Resolution approving a lot split on Plat 65918, Parcel 5400 for Arthur Stenquist of 4731 159th Avenue Northwest as presented at the meeting by the City Clerk with the following changes: Second paragraph from the bottom, the first NOW, THEREFORE, BE IT RESOLVED, the addition of the sentence: With each parcel having frontage of at least 300 feet. The next paragraph, with the word "size" deleted and the word "area" added in its place. At the end, the last "RESOLVED": BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require the payment of $200 for park dedication fees. (See Resolution R6-8Œ) VOTE ON MOT! ON: YES-Lachinski, Peach, Windschit1; NO-Jacobson Motion carried. Mr. Stenquist - stated that he didn't have to pay park dedication fees when the lots were split because they were conveyed by metes and bounds; however, he gave the City $900 for parks in 1972. The Clerk was directed to research this; and if park dedication fees were paid on this land previously, the $200 will not be required and the Council would then take action to remove that portion of the Resolution. Comprehensive Plan Chairman Bose11 stated that the changes requested by the Council have been incorporated into the new plan. This plan has been forwarded to all neighboring communities except Oak Grove. She also noted that a new planner at Midwest Planning is working on the City's Comprehensive Plan. Several Councilmen expressed dissatisfaction with the overall plan in the way it is written; and that nothing has been done with a more detailed analysis of the remaining buildable land in each area of the City. It was genera11y agreed that each Councilman will review the Plan and write what changes he would like made to the plan; that the City will wait for comments on the Plan from the neighboring communities; and that at the second meeting in April, the Council will set a special meeting date to make final changes to the Plan. (Junkyard License - RiteWay Auto Parts, 1714 Bunker Lake Boulevard, Continued) Attorney Hawkins stated that Page 4 of the Zoning Ordinance requires a building for the sale of used auto parts. The question is what does RiteWay Auto Parts have there. The definition of a junkyard is an open area, which can also include an auto reduction yard. The application was made for a junkyard license, and under Section LL and under Section 40, reference is to an open area, and no mention is made of requiring a building. He agreed the two can overlap, but the business has to be put into one definition or the other. Under the definition of junkyard, which he thought is the case of RiteWay Auto, a building is not required. Mayor Windschit1 requested Ms. Bose11 to have the Planning Commission review the definitions of Junkyards and Auto Reduction Yards to make them more compatible. He also requested the Attorney to research this further and to research the Special Use Permit and what can be revoked under it. Counc~lmen Lachinski and Jacobson WITHDREW the Second and the Motion for denial of the junkyard license for said junkyard. MOTION by Jacobson, Seconded by Peach, that the Junkyard License for RiteWay Auto Parts be continued to the first regularly scheduled meeting in the mOnth of February. Motion carried unanimously. Regular City Council Meeting January 15, 1980 - Minutes Page 7 Carry Over of Funds for Fire Department MOTION by Peach, Seconded by Jacobson, that the Council carryover those funds from the surplus that were given to the Fire Department last year into the 1980 budget, those amounting to approximately $2,000, provided that the Fire Department show some reasonable reason for the expenditure of these funds. Motion carried unanimously. Volunteer Fire Department Fire Chief Bob Palmer stated that the City of East Bethel would like to have a mutual aid agreement with the City of Andover. He stated East Bethel and Ham Lake respond back and forth, and Andover does have a mutual agreement with Ham Lake. He also noted that three firefighters from East Bethel came over to help On the house fire on 177th in December. MOTION by Peach, Seconded by Lachinski, that the Fire Chief be authorized to prepare a Mutual Aid Agreement between the Cities of East Bethel and Andover. Motion carried unanimously. (Reference January 9, 1980, Memo to Andover City Council from Fire Department Equipment Committee relative to the purchase of hose washing equipment and hose roller) Assistant Fire Chief Tom May explained the reason a hose washer is needed and how it is used, noting that the hoses tend to deteriorate if they are not properly cleaned. MOTION by Lachinski, Seconded by Peach, that we authorize the Fire Department to purchase a Circu1-Air Roto Jet hose washer and tilt-top table from the 1980 equipment budget for a total cost of $2,968.75 from Minnesota Fire, Inc. Motion carried unanimously. Planning and Zoning Commission Attorney Hawkins stated that he has resœrcha::l the rezoning of that area east of the Urban Service Area line, west of the railroad tracks, and has found that the rezoning approved by the Grow Town Board was legally done. Approval of Claims MOTION by Peach, Seconded by Jacobson, that we approve Checks 2908 through 2928 for a total of $24,667.34. Motion carried unanimously. Motion by Peach, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 9:35 p.m. , Respectfully ~ubmit~d~.~ '\\~~E~ Recording Secretary