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HomeMy WebLinkAboutCC January 2, 1980 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 2, ~ J'ì'lÙ AGENDA 1. 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Organizational Procedures a. Election of Acting Mayor b. Designation of Official Depositories c. Selection of Legal Newspaper d. Review of Council By-Laws e. Special/Standing Committee Appointments f. Appointment of Committee Chairpersons g.'. Appointment of Commission Chairpersons h. 1980 City Hall Hours 5. Legal and Engineering a. Cedar Crest Fourth Addition e. Formal Action /Inactive P&Z b. Variance - Zil1hardt 1) Pond View Preliminary Plat c. Rezoning - Baker & Sons 2) l~enkve1d Preliminary Plat d. Sem,Date/Revise Street Standards 6. Ordinances & Resolutions 7. Petitions, Requests, Communications a. Approval of Cigar.ette Licenses b. Approval of Non-Intoxicating Off-Sale Licenses 8. Reports of Committees, Commissions, Boards. 9. Old Business 10. New Business 11. Approval of Claims 12. Adjournment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 2, 1980 MINUTES The Regular Bi-Month1y ~Ieeting of the Andover City Council was called to order by Mayor Jerry Windschit1 On January 2, 1980, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Ortte1, Peach Councilmen absent: None Also present: City Clerk, P. K. Lindquist; and interested residents Resident Forum Lloyd Reimann, 2813 142nd Avenue - asked why the sewer rates are being increased. Mayor Windschltl explained that it is a composite of several things, but the largest reason for the increase is the charge the Metropolitan Waste Water Commission makes to the City; and he explained the basis for that charge. Mr. Reimann - asked about a rebate that was talked about previously for the oversizing of the trunk line. He stated that some people have hooked up their sump pumps to the sewer system and wondered if this could be checked out. Mayor Windschit1 explained that the largest potential for reducin~etß~0~m~~1~a1 unit connection charge is to get more hooked into the system with large occurring in the area. Mr. Reimann - stated that 142nd Avenue and 142nd Lane between Dahlia and Heather stll I have a lot of chips on the sides and at the intersections from the sea1coating project, and asked when that is going to be swept up. He felt if it can't be done yet this winter that it should definitely be done in the spring. Council discussion was that the City has not yet made final payment for the sealcoating; directed that the Public Works Department investigate all the roads that were seal coated to see if they need to be swept; and asked to have the Engineers get an agreement for a holdback on the check until the sweeping is done. Councilman Lachinski also hoped that the sanitary sewer user rates would be reviewed in light of the fact that the City is obtaining a higher return on their investment for the prepaid accounts than it is paying for the bond. Agenda Approval ~10TION by Peach, Seconded by Jacobson, that the Agenda be approved as published. Motion carried unanimously. Election of Actinq Mayor MOTION by Lachinski, Seconded by Peach, to nominate Ken Ortte1 as acting Mayor for 1980. Motion carried unanimously. Designation of Official Depositories MOTION by Jacobson, Seconded by Ortte1, that we designate the following financial lnstitutions as depositories for City funds during calendar year 1980: Twin City Federal of Anoka; First National Bank of Anoka; and State Bank of Anoka. Motion carried unanimously. Selection of Legal Newspaper MOTION by Orttel, Seconded by Peach, the Anoka Union and Shopper be designated as the Officlal Legal Newspaper for the City. Motion carried unanimously. Review of Council By-Laws No discussion on this item as it was discussed at the December 27, 1979, Special Meeting. Regular City Council Meeting January 2, 1980 - Minutes Page 2 Special/Standing Committee Appointments Mayor Windschit1 noted the proposal from the last meeting was to keep the Committees in tact with the existing members. Councilman Peach didn't think the Building Committee would need to meet any more, but it depends on what the contractor is going to do. If the Committee doesn't need to meet any more, he will send the Council a request to dissolve it. MOTION by Jacobson, Seconded by Ortte1, that the following Special Legislative Advlsory Committees for the City of Andover for 1980 be established, as published on the list before the Council. (Capital Improvements Committee, Finance Committee, Crime Prevention Committee, Resident Communication Committee, Personnel Committee, Historical Committee, Rules Committee, Road Committee, Building Committee) Motion carried unanimously. Appointment of Committee Chairpersons See previous motion. Appointment of Commission Chairpersons and Members Mayor Windschitl recommended that d'Arcy Bose11 be appointed to a second term as Chairperson of the Planning and Zoning Commission. MOTION by Jacobson, Seconded by Peach, to appoint Mrs. d'Arcy Bose11 to the Chairman- Shlp of the Planning and Zoning Commission for the year 1980. Motion carried unanimously. MOTION by Lachinski, Seconded by Ortte1, that we approve Edna Meyers, Steve Nichols, and Glen Rogers for three-year terms on the Park and Recreation Commission to expire December 31, 1982. Motion carried unanimously. MOTION by Jacobson, Seconded by Peach, for the appointment of Mr. George Lobb and Mrs. d'Arcy Bosel1 for three-year terms on the Andover Planning and Zoning Commission, such terms to expire December 31, 1982. Motion carried unanimously. Mayor Windschit1 stated he has talked with Mr. Mand, who would be willing to Chair the Park Commission for another year. The Mayor recommended his re-appointment as Chairman. MOTION by Peach, Seconded by Jacobson, that Wes Mand be appointed Chairman of the Park Commission for the year 1980. Motion carried unanimously. Horsemen's Council: Councilman Ortte1 suggested that the Council deal with other animal complaints as well, invåptigating kennels prior to licensing, etc. It was noted that this would require/ dinance change, but could be looked to in the future. MOTION by Orttel, Seconded by Peach, that the City advertise for applicants to sit on the Horsemen's Council and appoint Don Eve1und as temporary Chairman. Motion carried unanimously. 1980 City Hall Hours Discussion was on the present hours of 8 a.m. to 5 p.m. on Mondays, that this extra half hour on Mondays creates an hour of overtime a week, with the Clerk testifying that there is generally little activity during that extra half an hour the office is open. MOTION by Jacobson, Seconded by Ortte1, that the City Hall hours for 1980 be 8 a.m. to 4:30 p.m., Monday through Friday. Motion carried unanimously. Regular City Council Meeting January 2, 1980 - Minutes Page 3 Approval of Official Bonds MOTION by Orttel, Seconded by Lachinski, that the Clerk/Treasurer's bond in the amount of $25,000 be approved through the period of 1980; and that Employee's Blanket Bond in the amount of $20,000 be approved effective through 1980 also. Motion carried unanimously. Cedar Crest Fourth Addition The Clerk noted that two items have been changed in the contract which were negotiated and agreed to by Dewey Kasma, TKDA. These are the amount of the developer's bond and extending the time from July 1 to October 1 for completion. Council questioned if this would be the one extension allowed developers by Ordinance. Mayor Windschit1 was troubled as he could not make a determination if the storm water was draining into the City park, plus park dedication is not mentioned in the contract. The City does not allow anyone to run storm water into City parks, and he doesn't know what Mr. Kasma has approved in this-contract. It was also questioned if Lot 8, Block 6 is owned by the City, which was the park dedication for the Third Addition. Council agreed to continue the item until more detail can be obtained about the storm drainage, and the status of Lot 8, Block 6 is investigated. MOTION by Peach, Seconded by Jacobson, that the contract for the Cedar Crest Fourth Addltlon be continued until the next regularly scheduled meeting. Motion carried unanimously. Variance - Zi11hardt MOTION by Jacobson, Seconded by Ortte1, to grant a Variance for Mr. John Zi11hardt to construct a garage on his property described as the Easterly 85 feet of Lot 6, Auditor's Subdivison 82... (approving the variance request from the provisions of Ordinance 8, Section 4.05 (c) ) (See Resolution Rl-80) Motion carried unanimously. Rezoning - Baker & Sons A majority of the Council expressed the desirability of asking Mr. Baker to sign an Agreement before the rezoning is granted that this building would only be used for real estate operations. Mr. William J. Baker, Jr., indicated they would be perfectly willing to do this. There was also Council discussion on the rezoning itself, as Councilman Jacobson expressed opposition to the rezoning feeling it would be spot zoning and because the existing dimensions violate a number of the provisions of the Ordinance. He felt that after the rezoning, they will then have to apply for variances for those dimensions. Other Councilmen argued that real estate is an allowable use in the rural area, that the operation is not intense and fits quite well with what is going On in the City, that this is not necessarily spot zoning with the industrial zoning across the street, that it doesn't seem to create any of the problems that are normally inherent to spot zoning; and that the Agreement with Mr. Baker should be relative to that particular building as long as it can be serving a useful purpose. MOTION by Ortte1, Seconded by Peach, that the City direct the City Attorney to draft a consent of use agreement between the City and Baker and Sons regarding the using of the 16326 Round Lake Boulevard as real estate office and have it On the next regularly scheduled City Council meeting available for the signature of the Mayor and Clerk should the Council so decide; said agreement would restrict the use of the property to real estate business in the existing structure. VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschit1; ABSTAIN-Jacobson Motion carried. Regular City Council Meeting January 2, 1930 - Minutes Page 4 (Rezoning - Baker & Sons, Continued) Council requested that the Attorney investigate as to whether or not variances for the dimensions would be required following a rezoning on an existing structure. MOTION by Peach, Seconded by Ortte1, that the rezoning of the William Baker property at 16326 Round Lake Boulevard be continued to the meeting On January 15, 1980. Motion carried unanimously. Date/Revision of Street Standards MOTION by Ortte1, Seconded by Jacobson, that we set January 22 as a Special Council meetlng to discuss revisions to the street standards. Motion carried unanimously. Ms. Bosell requested that the Council's comments on the revised pages of the Comprehensive Plan be made at the January 15 meeting. Inactive P & Z Items - Pond View Preliminary Plat The Clerk testified that to date no information from Mr. Conroy has been received. MOTION by Orttel, Seconded by Jacobson, that the Preliminary Plat of Pond View be denied due to non-receipt of information from the developer and move that any and all fees and escrow deposits not used be refunded to the developer. (See Resolution R2-80) Motion carried unanimously. Inactive P & Z Items - Menkve1d Preliminary Plat/Green Acres Jack Menkve1d, Anoka, MN - stated they are still working on the preliminary plat. lhey have done some soil tests and have had to make some revision to the plat as a result. They have also talked to the City Engineer about it about a month ago. They are in the process of redrawing the preliminary plat to be resubmitted to the P & Z. He thought that the rezoning request and preliminary plat were going to be going through simultaneously. He requested that the plat be left open as they are still working on it. P & Z Chairman d'Arcy Bosel1 noted that the application for the rezoning has not been received. Mr. Menkveld was told in April when he brought in the sketch plan that he needs to make that application. Council discussion was that the preliminary plat cannot be approved without a rezoning approval; also noting that a rezoning request for R-4 zoning had been turned down previously. MOTION by Ortte1, Seconded by Peach, that the Menkve1d Green Acres Preliminary Plat be referred back to the Planning and Zoning Commission so as to take up the platting or rezoning process again. Discussion: Councilman Ortte1 intended that they would notify the City of doing one or the other; and if nothing is done, it would go back to the old process and come before the Council for noncompletion. The Clerk testified that prior action by the Town Board for rezoning property in that area to R-3 zoning did not include this particular property, as the motion was worded to affect all parcels subdivided at R-3 sizes at that time. This lot is not subdivided into R-3 size. A rezoning request is needed as it is presently zoned R-1. Councilman Ortte1 REWORDED MOTION: To refer the Menkve1d Green Acres Preliminary Plat back to the Planning and Zoning Commission so as to allow the developer to make application for the rezoning and to proceed with the platting process. Second still stands. Discussion: It was felt that if the application for rezoning is not made within a reasonable amount of time, say 30 days, that the Planning Commission should make a recommendation to the Council denying the preliminary plat for non- receipt of information. Mr. Menkve1d guessed he would be making application for rezoning within a couple weeks. Motion carried unanimously. Regular City Council Meeting January 2, 1980 - Minutes Page 5 Approval of Cigarette & Non-Intoxicating Liquor Licenses The Clerk stated that she has received the application and fees from Tom Thumb Superette, has received no information from Speedy Market, and has received the license fee from Dale's Market but no application.. However, she failed to send Dale's Market an application, and stated it could be approved contingent upon receipt of the application. She also stated that notification of expiration of the licenses were just recently mailed to the stores. Councilman Jacobson felt that approval could not be given without receipt of an application. MOTION by Peach, Seconded by Ortte1, for the approval of a Cigarette and Non- Intoxicating Malt Liquor License to Mr. Paul Berti1s, owner of the Tom Thumb Superette in Andover. VOTE ON MOTION: YES-Lachinski, Ortte1, Peach, Windschit1; ABSTAIN-Jacobson Motion carried. MOTION by Peach, Seconded by Ortte1, for the approval of Cigarette and Non-Intoxicating Malt Liquor Licenses for the owners of Speedy Market and Dale's Market contingent upOn a satisfactory application. VOTE ON MOTION: YES-Lachinski, Ortte1, Peach, Windschit1; NO-Jacobson Motion carried. Designation of Emergency Shelter MOTION by Ortte1, Seconded by Jacobson, that the City of Andover designate the Community Center as the emergency shelter for the City. Motion carried unanimously. P & Z Recording Secretary (Reference the December 31, 1979, Letter of Resignation of Mary Kiley, and the January 2, 1980, memo from the City Clerk stating that Vickie Vo1k would be willing to take the minutes and recommending a salary increase to do so.) Chairman Bose11 recommended that Vickie Vo1k be authorized to take P & Z Minutes, feeling it would be a great asset to the Commission to have a member of the office staff doing the minutes. Council discussion was on the salary for Ms. Vo1k as to whether or not a salary increase is in order because shorthand is not required in her present position. MOTION by Jacobson, Seconded by Peach, that we authorize Vickie Vo1k to take Minutes at the Planning and Zoning Commission meetings at the rate of $6.95 per hour, which would be equal to her regular overtime rate, paying a minimum of two hours for each meeting at which Minutes are taken. Discussion: Councilman Lachinski stated he would rather see the rate for 40 hours, but give a minimum of three hours for attending meetings. He felt it was very unusual to give time and a half for hours even though it could be for under 40 hours worked that week. VOTE ON MOTION: YES-Jacobson, Orttel, Peach, Windschitl; NO-Lachinski Motion carried. Approval of Minutes December 10, 1979: Page 1, Second paragraph, five lines from bottom, change to: ...estimated about 100,000 gallons in sealed containers... Page 1, third paragraph, third line from bottom: impervious (sp) Regular City Council Meeting January 2, 1980 - Minutes Page 6 (Approval of Minutes, Continued) December 18, 1979: Page 5, six lines from bottom: Chapman's (sp) Page 6, last paragraph, first line: legal lots of record (sp) Page 6, fourth paragraph, third line: ...He felt i[ we could...(sp) MOTION by Ortte1, Seconded by Peach, that we approve the December 10 Special City Councll Meeting Minutes as amended. VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschit1; ABSTAIN-Jacobson Motion carried. MOTION by Ortte1, Seconded by Jacobson, that we approve the City Council Meeting Mlnutes of December 18 as corrected. Motion carried unanimously. Reconsideration of P & Z Recording Secretary Position Discussion was on making payment for taking the P & Z Minutes consistent with what is being done with the taking of the Park Commission Minutes; that overtime payment should be made for any time over 40 hours worked in a week. MOTION by Peach, Seconded by Ortte1, that we reconsider the Vickie Vo1k position. Motlon carried unanimously. MOTION by Ortte1, Seconded by Peach, that Vickie Vo1k be appointed Recording Secretary for the Planning and Zoning Commission with the understanding of a guaranteed minimum of two hours per meeting. Motion carried unanimously. Volunteer Fire Department Steve Johnson, 14033 Yukon - explained he has taken an Emergency Medical Technician course, and the City pald $15 for the testing portion. His employer, FMC, sent $85 to the City, which has been put into the General Fund. He told his employer that that money would be donated toward rescue equipment for the Fire Department. He asked how that money could be transferred to be used for rescue equipment. MOTION by Orttel, Seconded by Peach, that $70 of the $85 send by FMC Corporation to the City be applied to the purchase of rescue equipment, and note that the other $15 was to replace funds already expended by the City. Motion carried unanimously. The Clerk was also directed to send a Thank You letter to FMC. Approval of Claims MOTION by Peach, Seconded by Lachinski, for approval of Checks 2901 through 2907 totalling $4,705.09, and Check Number 344 totalling $142,730.37, and Check Number 345 totalling $58,201.85 be approved. Motion carried unanimously. MOTION by Peach, Seconded by Jacobson, to adjourn. Motion carried unanimously. Meeting adjourned at 9:08 p.m. Respectfully submitted, "' ~.k~ Mar 1a A. Peach Recordln Secretary