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HomeMy WebLinkAboutCC March 4, 1980 - ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 4, 1980 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Andover Properties - Variance b. G.M. Investment - Rezoning c. D. Szyku1ski - Variance d. "201" Study Report e. Conference Attendance - Almgren f. g. 5. Non-Discussion Items a. Resignation - B.Copely b. Appointment to Planning & Zoning Commission c. , d. , 6. Reports of Commissions, Committees, Boards a. Planning & Zoning Commission b. Volunteer Fire Department c. Other Committees 7. Approval of Claims 8. Adjournment It t~enda Information March 4, 1980 Page 2 establish a set policy for employees for attendence at Conferences, Meetings, Seminars, Workshops, etc. Item No. 5a - Resignation (B. Copely) Due to relocations, Mr. Cope1y is resigning from the Planning & Zoning Commission. His term expires on 12/31/80. A motion is needed to accept the resignation. Item No. 5b - Appointment to Planning & Zoning Commission Maynard Ape1 was designated to fill the next opening on the Commission. A formal motion is needed to appoint him to a term expiring on 12/31/80. Item No. 6a - Planning & Zoning Commission No report has been received. Item No. 6b - Volunteer Fire Department Attached is a memo from Chief Palmer, covering various items of discussion. Item No. 6c - Other Committees Nothing received to-date. Approval of Minutes Due to Mayor Windschit1's absence, this item is continued until the March 18 Meeting. /~ "~ Patr1cia . 1n q 1St ~ ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 4, 1980 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Ken Ortte1 on March 4, 1980, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Peach Councilman absent: Mayor Windschit1 Also present: City Attorney, William G. Hawkins; City Engineer, Mark Schumacher; City Clerk, P. K. Lindquist; and others Agenda Approval MOTION by Peach, Seconded by Lachinski, that the Agenda, with the Additions of Item 4f, MSAH Program; 4g, Capital Improvement Program; and 4h, the PCA Stipulation on the Heidelberger property, be accepted as published. Motion carried unanimously. MOTION by Jacobson, Seconded by Peach, that we suspend the rules for tonight. Motion carried unanimously. Andover Properties - Variance Dennis Taylor, representing Mr. Berger, was present. MOTION by Peach, Seconded by Lachinski, introducing a Resolution approving a var1ance request of Darrell Berger to delete the south half of the southeast quarter of Section 19 from the Moratorium Ordinance, as presented by the City Clerk, deleting the last paragraph beginning with WHEREAS. (See Resolution R16-80) Motion carried unanimously. D. Szykulski - Variance MOTION by Jacobson, Seconded by Peach, introducing a Resolution approving a variance request of Mr. David Szyku1ski to construct a garage 37 feet from the front lot line of Parcel 3200, Plat 65936...(See Resolution R17-80) Motion carried uanimous1y. "201" Study Report (Reference TKDA letter of February 25, 1980, from John Davidson regarding the 201 Facility Planning project) Councilman Jacobson was still opposed to the Study, as he felt that if central systems will need to be installed, that the costs noted in the letter are under- estimated; and he doesn't feel it warrants being done for such a small portion of the city. Duane Prew, TKDA Enviromenta1 Engineering Department, addressed the Council stating that it would be possible to put together a work scope showing how the City's own Engineer or Building Inspector could assist on the project, detailing potential income and costs. But it is hindered somewhat by the Federal Grant program in that in ord~r for force account work to be eligible, it has to be above and beyond the normal dubes of that City employee. It can't take the Building Inspector doing the work and having his salary compensated for under the Federal Grant. This forces the City to keep an inordinate amount of books to separate out what is grant eligible and what isn'~ and for that reason, many communities do not use that method. Mr. Prew went on to explain the problems they have had in this Study in defining the work effort because of what the State listed as procedures to be used and then realizing the expense of carrying out those procedures. He explained how the "201" Study came about; mentioned the phases of the Study; noted that all alternatives are Regular City Council Meeting March 4, 1980 - Minutes Page 2 ("201" StudY Report, Continued) required to be studied and the most cost-effective and most environmentally sound method is to be recommended; and noted that some problems may evolve when participating in this Study such as federal grant monies being used for some homes during the course of this project while other residents would be paying for their own upgrading both before and after the program is taking place, and if the problems are intermixed in a neighborhood, there is the question of having a community sewer for only those that are malfunctioning. Mr. Prew stated that the federal regulations emphasize correcting the problem at the source and that there is no guarantee that the City would receive EPA grants for the correction of any problems that may be found during the course of the Study, but that the law is presently in force to spend public funds for that purpose. His experience has been that the funds will be there; and if they are not, the regulating agencies will find it very difficult to impose the construction on a community without those grant funds being available. In response to Acting Mayor Orttel's concern of receiving Metropolitan Council approval for the City to receive grant monies, Mr. Prew stated that the Metro Council has to approve the initial grant application for the Study before anything can be done. Council discussion was on the specific sites in the City that would be inspected; that all of them are in the older Additions; questioned the failure rate in those areas in the past; questioned whether federal funding should be used to correct a specific on-site sewer problem or whether the residents should be paying for that themselves; questioned the fairness of the program -- what about the person next door who doesn't happen to have a problem when the grant monies are available -- and noted that the City does have an on-site septic ordinance to take care of any problems that may exist. It was decided that since this item was put on the Agenda at the request of the Mayor, that further discussion be continued. MOTION by Peach, Seconded by Jacobson, to defer this item until the next regularly scheduled Council meeting. Motion carried unanimously. G. M. Investment - Rezoning Jack Menkve1d explained that he is proposing the p1attin of a six-acre parcel in the mlddle of Green Acres. He explained that the lots surro nding this parcel are smaller than R-3 lots and that the lots he has proposed are 1arg r than R-4 lots but smaller than R-3. He explained that because of the configuratio of the land and the construction of a 66-foot road, that it would be impossible to meet t e depth requirements of an R-3 zone. The area to the east is lower with poor soils and would not be developed. Mr. Menkveld also stated that parkland was dedicated aft r Green Acres was developed even though it was not required at that time to do so. e is proposing 12 lots on the six-acre piece with a short cu1 de sac street. Sewe is available. It was his desire to have this zoned R-4 rather than R-3 so that he wouldn't have to bother with variances on the lot sizes, etc.; and stated he would be willing to have the zoning contingent upOn not platting more than the 12 lots as sh wn on the sketch plan before the Council at this time. J Planning and Zoning Chairperson d'Arcy Bosel1 stated the I have had this plan before them since last April. At that time, residents at the public hearing were opposed to an R-4 zoning, but would be more comfortable with an R-3 zoning. The Planning Commission does not agree with the R-4 zoning request and feels that an R-3 zoning would be more compatible with the surrounding neighborhood and is also in conformance with the proposed rezoning that the Planning Commission and City Council worked on last week. The Commission realizes that variances would be necessary in an R-3.zoning. Regular City Council Meeting March 4, 1980 - Minutes Page 3 (G. M. Investment - Rezoning, Continued) Discussion was also on the question of whether or not Mr. Menkve1d would be required to plat the entire piece of property owned by himself, Mr. Gilbert Menkve1d, and G. M. Investment (Reference Attorney's opinion in a letter dated February 19, 1980, from William Hawkins to d'Arcy Bosell); questioned what becomes of the lots to the east that are now unbui1dable lots because they do not, face an accepted and maintained City street (they face the right of way which would be an extension of Dahlia Street); and suggested rezoning to an R-3 with the understanding that variances would be needed. Council generally agreed that a 50-foot wide street is allowable by ordinance, which would also help increase the size of the proposed lot~ and suggested providing access to the property on the east. The land is currently zoned R-1, but the City is looking to rezone that area to R-3 with the rezoning proposal as recommended by the P & Z coming before the Council at the next meeting. If that should happen, Mr. Menkve1d would still have to address the question of how much of the area should be platted. MOTION by Peach, Seconded by Jacobson, to postpone the question of G. M. Investment's Rezoning until the next regularly scheduled meeting. Motion carried unanimously. Conference Attendance - Almgren (Reference list of North Star Chapter ICBO 1980 proposed meeting dates) Dave Almgren, Building Inspector, stated it is his request to attend seven conference meetings this year. Those meetings within the metropolitan area are one-day meetings. He felt that more local knowledge is gained at the monthly meeting, that they are educational plus being able to converse with other building inspectors in the area. Council questioned whether the national convention in Albuquerque, New Mexico, along with the remaining meetings, could be attended for the budgeted amount of $500 and felt the local meetings would be beneficial. John Schera, 1560 Andover Boulevard - a new resident becoming acquainted with the C1ty b Hidbu1lt hlS own home and felt that Mr. Almgren was really a help both to him as a U1 e~nd homeowner and also as a representative of the City. He stated that Mr. Almgren is very knowledgable, is firm in stating what is to be done, but knows how to talk with people. Mr. Schera encouraged the City Council, as a taxpayer and homeowner, to allow Mr. Almgren to go to both local and national meetings. Building problems are sometimes local, but also sometimes national in scope; and he felt that, if nothing else, it would be a recognition of Mr. Almgren's work here to be representa- tive of us at a national meeting. Councilman Lachinski stated we do want to recognize Mr. Almgren's work in the City, but the problem is the number of meetings that would be worthwhile. Councilman Jacobson was concerned about being able to attend all the meetings indicated on the sheet with a budget of $500. Councilman Peach indicated he would be willing to allow attendance at all meetings within the metropolitan area and felt that attendance to those meetings outside the metropolitan area could be attended if Mr. Almgren could find the time off and at his own expense. MOTION by Peach, Seconded by Lachinski, that the Council approve those Chapter meetings held in the seven-county area for the Building Inspector and refer to the Personnel Committee those meetings held outside of the seven-county area for recommendation. Motion carried unanimously. MSAH Program Councilman Lachinski stated there may be a possible problem in using the allocated MSAH funds in the year 1980. Attorney Hawkins stated that the appraisals for Hanson Boulevard right-of-way acquisitions are supposed to be back within the next week. He Regular City Council Meeting March 4, 1980 - Minutes Page 4 (MSAH Program, Continued) has received permission from UPA to encroach on whatever easements they have, but NSP is asking for more information about the project before making a decision. Mr. Schumacher stated that NSP is concerned that no excavation be done that would cause a problem with their pole structures or with the ground clearance of their existing wires. And those questions can't be addressed until getting into the preliminary design surveys where it will be cross-sectioned at every pole. The County has submitted a county- wide proposal to change County State Aid Road designations. At the present time the State has a problem with one of their designations. When that is resolved, the City will also request a proposed change rescinding the MSAH designation on Hanson Boulevard and designating the short stretch of Crosstown from Prairie Road to County State Aid 20 as a City MSAH designation. Acting Mayor Ortte1 expressed concern that right of way not be acquired until there are -assurances from the County as to the exact route of Hanson Boulevard Extension, especially in that area north of County Road 20 where the soils are marginal. Mr. Schumacher stated that the County has done all the preliminary surveys alonq the line and prepared all the survey information up to Andover Boulevard, and their intention is continuing up to County Road 20; and at some point in the future, it will be run to County Road 58. Attorney Hawkins stated that by the first or second meeting in April he will know whether or not he will be negotiating with the property owners for right of way acquisitions or whether or not the City will have to condemn the right of way. Because of the requirements on the expenditures of MSAH funds, Attorney Hawkins stated that the City wants to be in the process of negotiating with the property owners for the right of way, but no funds will be spent at this time. Mr. Schumacher stated that the amount of money spent from MSAH funds this year will depend on the per-acre cost for easement acquisitions. He also stated that he will talk with the County about surveys for that portion of Hanson Boulevard north of Andover Boulevard so that more easements can be drawn up aB~ ~c~uired, informing the County that Hanson Boulevard is the City's priority, andex _ a n ngthe problem of having to utilize the City's MSAH funds this year. Mr. Schumacher was also directed to make a time schedule for Hanson Boulevard showing the anticipated expenditures for the easement acquisition and showing what MSAH funds are available to be used on other projects. Capital Improvement Program Councilman Lachinski outlined 11 major areas that he felt should be included in the Capital Improvements Program. He stated that there should be a statement of history and policy in each given area and suggested scheduling a special meeting to discuss and determine which Councilmen could take which given area to draw up a guide for the City as part of the Capital Improvements Program. Council discussion was that Councilman Lachinski will draw up an outline of how it should be laid out; that this will be put on the Agenda of the next regularly scheduled meeting at which time the various areas would be assigned to individual Councilmen. PCA Stipulation on Heidelberger Property The Clerk testified that the final draft of the PCA Stipulation has not yet been drafted and representatives of the PCA have told her that they do not know to what extent they are planning to include the City of Andover in that Stipulation. Council discussed the proposed language to be included in that Stipulation as it relates to the City's involvement. It was generally agreed that the language as proposed was acceptable, but that the City should not be a party to signing the Agreement. The Clerk was directed to relay that intention to the PCA. Regular City Council Meeting March 4, 1980 - Minutes Page 5 Resignation - B. Copley MOTION by Jacobson, Seconded by Lachinski, that the City Council, City of Andover, accept the resignation of Mr. Byron Copley from the Planning and Zoning Commission effective March 14. Motion carried unanimously. Appointment to Planning and Zoning Commission MOTION by Jacobson, Seconded by Lachinski, that we designate Mr. Maynard Ape1 to f1ll the term on the Planning and Zoning Commission which will expire 12/31/80. Motion carried unanimously. MOTION by Jacobson, Seconded by Peach, that we direct the City Clerk to draft a letter to Mr. Copley thanking him for his activity on the Planning and Zoning Commission and expressing the goodwill and wishes of the Council, and have the letter at the next meeting for the Council to sign. Motion carried unanimously. Planning and Zoning Commission Report (Reference March 3, 1980, letter from David R. Licht, President, Northwest Associated Consultants, Inc., to d'Arcy Bose11) Chairman Bosel1 explained that Midwest Planning, with whom the City has a contract to do the Comprehensive Plan, has gone out of business. Mr. Licht had formed Northwest Consultants, Inc., in 1973 and has now become a planner in that company performing the same functions that Midwest did. He is proposing to finish whatever is left undone with the contract between Midwest and the City of Andover, to perform those functions under Northwest Consultants, Inc., at the fee not to exceed the unpaid balance of the Midwest contract; and any further things that would need to be done for the City of Andover would need to be renegotiated with another contract. At the present time, the City has a contract with a company that does not exist. The City will need to declare that contract null and void. Discussion was that the exact amount still owed by the City on the contract and the amount of work that needs to be done would have to be checked by the Clerk and Chairman Bose11. Midwest was still obligated to make amendments to the Comprehensive Plan, and it is anticipated that there will be some changes. The Clerk stated that the City has received a bill from Midwest Planning for $170. Acting Mayor Ortte1 stated if Midwest Planning has gone bankrupt, the bill under that company name should not be paid to Mr. Licht under a different company. Council generally felt that because there is little work left on the Comprehensive Plan, and because Mr. Licht has been involved in the project, that Mr. Licht present a detailed list of what has to be done along with the remaining cost and submit a contract for the Council's consideration. MOTION by Jacobson, Seconded by Lachinski, to direct the City Clerk to send a letter to Mr. Licht asking for him to give us an appraisal of what remains on the various Andover reports that are in process, how much it will require in terms of the dollar figure to take those reports to the completion stage, i.e., submittal to the Metropolitan Council; and also at the same time to submit a contract to us for our review takin9 care of all of those items up until the submission of the reports to the Metropolitan Council on July 1 of this year. Discussion: Councilman Lachinski felt that there would be substantial verbage changes in the document yet, and he felt those changes should be made for whatever is left on the contract. Chairman Bose11 stated that the next step is to update the ordinances to cOnform with the Comprehensive Plan, for which a planner will be needed. It was questioned whether or not there was a contract with Midwest to update the ordinances; the Clerk will research that further. Motion carried unanimously. Regu1at' City Council Meeting March 4, 1980 - Minutes Page 6 Volunteer Fire Department Council discussed the February 28, 1980, memo with Fire Chief Bob Palmer. Item 1: Will the City pay legal fees in lawsuits resulting from fire-fighting action? Acting Mayor Ortte1 stated that the City would be responsible in the event of a lawsuit relative to fighting fires, as the City's insurance covers negligence, etc. Item 2: Do we have malpractice insurance? Acting Mayor Ortte1 stated that the City does not have malpractice insurance, but the liability that the City carries would cover general fire-fighting practices. Item 3: Insurance premiums for ambulance and extending rescue extrication beyond City limits -- Acting Mayor Ortte1 explained that there is a problem in that the amount of insurance required for ambulance coverage and medical services is higher than what the City carries. It is $400 to $800 a year for $300,000 of liability. Bu t the umbrella carrier of the City excludes any type of medical malpractice insurance, so a special carrier would have to write the umbrella policy. He tried to have the City carrier consider picking it up through a re-insurer, but to date he has not received an answer. Chief Palmer stated that the intent of having an ambulance was not to transport people but to provide medical service only. Both Central and the Sheriff's office would like to see Andover assist because of the delay it takes the hospital ambulance to respond in the City. Acting Mayor Orttel stated that he had not received any information On the insurance for the ambulance itself, but estimated it would be $200 to $500 a year. Chief Palmer explained that the Sheriff's Department has requested the Andover Fire Department to consider providing service for extrication of cars outside the City limits, which would probably be done with the pumper truck. Council discussion questioned if it is a County service, would the County reimburse the City's expenses; that this is separate from Mutual Aid; and questioned whether performing outside the City limits would change the liability. Acting Mayor Ortte1 stated he would check into the liability; the Clerk was directed to check with the County as to reimbursement for expenses incurred for such services and whether County insurance would cover the liability since a County service is being provided. Item 4: Chief Palmer requested a list of man hours spent in fire service by the City employees to justify the time spent working for the Fire Department. MOTION by Peach, Seconded by Lachinski, that Frank Stone be authorized one hour per week for Fire Department training purposes when he is not needed, and reimbursed through Fire Department funds. Discussion: Councilman Lachinski felt that the rules would indicate that this is how it should function now. If it isn't, he would like it brought to the Council's attention. Motion carried unanimously. Item 5: Pay for firefighter~ other than city employees, if they leave their jObs to fight fires -- Councilman Peach's opinion was the City chooses to pay its employees for working for the Fire Department. If another company chooses to do so, fine. But he didn't feel the City could pay for other people's wages to take off work to fight fires. Councilman Lachinski stated he used the fact that other companies were paying their employees even when they would fight a fire as justification for paying the City employees to do the same. After further discussion, it was agreed to refer this item to the Personnel Committee for their review and recommendation. Chief Palmer explained that the garbage piles up at the Public Services Building. The City does not contract for garbage pickup service, and it is impossible for the firefighters to get to the dump before it closes. Council directed Chief Palmer to investigate the costs for garbage pickup and make a recommendation to the Council. Regular City Council Meeting March 4, 1980 - Minutes Page 7 Approval of Claims MOTION by Peach, Seconded by Lachinski, the approval of Checks 2992 through 3013, excluding 3001 and 3010, for a total of $6,625.41; and Check Number 351 out of the 1978-2 Account for $29,667.50. Motion carried unanimously. MOTION by Peach, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 10:08 p.m. Respectfully submitted, ~.L~ -c::~L Marcella A. Peach Recording Secretary