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HomeMy WebLinkAboutCC September 2, 1980 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 2, 1980 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Community Action Program Representative 5. Discussion Items a. Andover West/Final Plat b. PCA/Hazardous Wastes c. S. Carlson/Variance d. Award Contract/Southwest Area-1980-3 e. Flood Plain Ordinance f. HUD Financing/Grants g. 6. Non-Discussion Items a. Date for Assessment Hearings b. Date for Budget Meeting c. Junkyard Approvals d. Amendment-Ordinance 8, Section 3.02EE e. Boehland - Tax Exempt Financing Resolution/Amendment f. 7. Reports of Commissions, Committees, Boards a. Planning & Zoning Commission b. Park & Recreation Commission c. Volunteer Fire Department d. Other Committees e. Staff Reports 8. Approval of Minutes 9. Approval of Claims 10. Adjournment - .--- ~ 01 ANDOVER . REGULAR CITY COUNCIL MEETING - SEPTEMBER 2, 1980 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschit1 on September 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 Attorney, William G. Hawkins; TKDA Engineer, Mark Schumacher; City Engineer, Larry Winner; City Clerk, P. K. Lindquist; and others RES !DENT FORUM Sue Hennessy, 2542 138th Avenue NW - speaking on behalf of 8 residents and 2 former residents of the following addresses: 2542 and 2526 138th Avenue NW, and 2527 Bunker Lake Boulevard. Their problem is that they are paying for electric and gas bills that should be the responsibility of the landlord/owner. At 2542, Apartment 2 is paying for the gas on the dryer and electric for hotwater wash. When the landlords were told of the problem, they disconnected the hotwater wash. The electric bill for Apartment 2 was over $185 a month for the last month, and they did not know they were paying for this. Apartment 3 had a $120 electric bill this month and as of yet they have not been able to find out the reason for it. The landlord has given them no satisfaction relative to correcting the problems. The plumbing is bad in all apartments, leaky toilets, showers, etc. Also, at 2542, Apartment 3, the ceiling in the hallway is not connected to the walls, which is not mentioned in Dave Almgren's September 2, 1980, letter to Ms. Hennessy. They are paying for something they did not agree to pay for; there is a high turnover in the buildings. She has talked with many state and local officials, and the State Building Inspectors have told her they cannot come out without the Council's request. They are making that request. They are also unhappy with the service that the Building Inspector of Andover has given them and wondered how the buildings passed inspection to begin with. Dave Almgren, Building Official - was not aware of the problem with the walls by Apartment 3 at 2542. He reviewed some of the problems as noted in his letter and stated that the owner has agreed to correct them. In 30 days he will re-inspect to see that the corrections have been made. All three buildings are owned by the same owner. There is nothing in there that is in violation of the State Building Code. Tom Apartment 2, 2526 138th - stated the gas dryer is hooked up to h1S apartment, which means there are people from three apartments using the gas that he is paying for, plus he has to pay to use the gas himself as it is coin-operated. And he didn't feel that was right. Mayor Windschit1 stated that there are two issues here; that being whatever civil action may be taken between the renters and the owners and the other is to insure that the buildings are up to code. Pamela 18540 Everglade Drive, waoming - no longer lives in the apart- ment, but related .the 1nc1de of how they comp1aine of the problems, were finally given a 24-hour eviction notice, moved, returned after the judge told them they could move back in, and then were again give another 24-hour eviction notice. Ms. Hennessy - stated that the point is they pay between $285 and $295 monthly and the rent goes up every six months. They were not told of this. And the owners were unwilling to do anything when she complained. She also related the steps she has taken so far and the problems she has had with the landlord. She has talked to the Public Service Commission and was told they could not help her in the gas situation. Regular City Council Meeting September 2, 1980 - Minutes Page 2 (Resident Forum, Continued) Mr. (Apart. 2, 2526 138th) - stated that the judge told them that the Bill of Rights for Renters has no bearing in court. Attorney Hawkins stated that since there are no violations of the codes, there is nothing that the City can do, and that the problems are a civil matter between the renters and the owner. Discussion was that the renters feel they now have what they need with the September 2 letter from the Building Official, that Mr. Almgren will inspect 2542 138th Avenue tomorrow relative to the ceiling not being connected to the wall in the hallway, and that Mr. Almgren will also talk with the Public Service Commission to determine if they require separate service for gas and electric on apartment buildings. AGENDA APPROVAL MOTION by Ortte1, Seconded by Peach, that we approve the Agenda as published with the delet10n of Item 4, CAP, and Item 5a, Andover West/Final Plat; and with the addition of Item 5d2, Award Contract - Concrete Curb and Gutter/Southwest Area. Motion carried unanimously. MOTION by Jacobson, Seconded by Ortte1, that we suspend the rules. Motion carried unanimously. PCA/HAZARDOUS WASTES Mayor Windschit1 stated that the Council previously sent a resolution to the PCA asking what they intend to do about the hazardous waste in the pit in the landfill. To date the PCA has not responded despite his requests for an answer. He recommended this item be referred to the Hazardous Waste Committee for their study and recommendation. MOTION by Jacobson, Seconded by Ortte1, that we ask the Hazardous Waste Committee to give the City Council an update on their findings as to the hazardous substances in the City of Andover and to make recommendations to the City Council on the next step on how the City should proceed in the matter at the Committee's earliest convenience, with special consideration to the hazardous waste pit in the sanitary landfill. Motion carried unanimously. S. CARLSON/VARIANCE Chairman d'Arcy Bose11 reviewed the Planning and Zoning Commission's recommendation for approval of the variance as noted in the August 26, 1980, memo to the Mayor and City Counci1. Ms. Bose11 stated she voted against the approval as she felt no hardship has been created by the topography nor is reasonable use of the land denied by denying the variance request. Stan Carlson, 1680 Constance Boulevard - has a letter from the adjacent property owner noting there is no objection to placing the building there with a 5-foot variance. He explained that the land slopes down to where the building would be. He is wanting to build a Ceco building, of which the narrowest is 30 feet. He works on large sailboats and he has a 27-foot boat he wants to build for himself. By putting the building 10 feet from the lot line, it would hang over his driveway by 7 feet, which would mean he would have to put in a new driveway requiring clearing out a considerable amount of woods and putting in considerable fill. He wanted the building closer to his house because of the problems of vandalism and burglaries in the neighborhood. The area proposed for the building is on the same level as the house. The intent of the building is mainly storage and a place to build his boat. He has done sailboat repairs in the past, but doesn't now because of a recent back injury. He now does pattern work and cabinet-type work. Mr. Carlson had made a revised drawing of the proposed location for the building so it would not be closer to the front of the lot than the primary structure, but he felt that to move it any further south would hamper the use of the side door on . ~ - " Regular City Council Meeting September 2, 1980 - Minutes Page 3 (Carlson/Variance, Continued) the existing garage. He also would prefer to have the door to the proposed building in the back rather than open to the street, as much of the woods would have to be removed in order to put it in the front. Discussion noted that conducting a home operation such as this in an accessory building would not be allowed by City ordinance unless the property is rezoned. Council discussion was also on various alternatives for placement of the building to stay within 10 feet of the property line and still meet Mr. Carlson's needs. MOTION by Jacobson, Seconded by Peach, that the City Council deny a variance to Stanford Carlson at 680 Constance Boulevard for the construction of the 30 x 32 foot pole building 5 feet from the side lot line for the following reasons: City Council finds that selecting the site 10 feet from the side lot line would not be a hardship on Mr. Carlson. (See Resolution R106-80) VOTE ON MOT! ON: YES-Jacobson, Lachinski, Peach, Windschitl; NO-Ortte1 Motion carried. Councilman Ortte1 - I think that in all these cases on lot lines that the neighbors' input should be the number one thing we use for recommendations for decisions. If the nei9hbors are in favor of it, I see no problem with it whatsoever. AWARD CONTRACT/SOUTHWEST AREA - 1980-3 Mr. Schumacher stated that Mr. Davidson, who has not yet arrived at the meeting, wants to address the Council on this matter. Mr. Schumacher then reviewed the September 2, 1980, Report to Andover City Council on Contract Award SW Area Improvements, Commission No. 7375A. Eight bids were received On the project, and he explained the bids from Kenko, American Contracting and Arcon. He also noted a correction on the sheet comparing the sanitary sewer area charge, as the area charge should be $710/acre, not $750 as shown in the report. Mr. Schumacher also explained the problem that the PCA Board, which has not yet approved the City's permit for the sanitary sewer extension, will review the request at their September 23 meeting, and it is TKDA's opinion at this point that the contract for the project not be awarded until after that time. The problem the PCA is concerned with is that the quality of air at the Pigs Eye plant is not meeting the standard which was agreed to in a stipulation agreement made last year with the Metropolitan Waste Control Commission. Discussion on the item to be continued until later in the meeting. PUBLIC HEARING - CONCRETE CURB AND GUTTER/SOUTHWEST AREA MOTION by Orttel, Seconded by Peach, a Resolution accepting feasibility report and ordering public hearing for the improvement of concrete curb and gutter, hearing held on Tuesday, September 16, at 8 o'clock p.m. at the City Hall, to receive testimony for the improvement of bituminous streets for Auditor's Sub. 82, Chapmans Addition, and Quickstroms Addition. (See Resolution R107-80) Motion carried unanimously. (The bid proposal for concrete curb and gutters and bituminous streets is $26.40 per front foot.) FLOOD PLAIN ORDINANCE Council discussed the following points with Chairman Bosel1: Page 2, Section 2.42: questioned who would act as the Board of Adjustment. After some discussion, Council agreed to appoint the Planning and Zoning Commission as the Board of Adjustment. The Planning Commission would then hear and act on all variances and permits and would make recommendations to the City Council on Special Use Permits. - ~.. ... . Regular City Council Meeting September 2, 1980 - Minutes Page 4 (Flood Plain Ordinance, Continued) Page 2, Section 2.2: the latest copy should show the correction as "...dated March, 1980,... " Page 10, Section 7, third sentence, change to: "All subdivisions shall have water and sewage disposal facilities that comply with the provisions of any City ordinance and have road access..." Page 13, Section 10.26: It was determined that the Zoning Administrator has the authority to designate the Buid1ing Official to maintain the necessary records. MOTION by Lachinski, Seconded by Peach, that we adopt the Flood Plain Ordinance, an ordinance for the management of flood plains in the City of Andover, Anoka County, Minnesota, as presented by the Planning and Zoning Commission with the following exception: that in Section 7, the sentence reading "All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this ordinance and have road access..." be changed to: "All subdivisions shall have water and sewage disposal facilities that comply with the provisions of any City ordinance and have road access..." Motion carried unanimously. HUD FINANCING/GRANTS MOTION by Ortte1, Seconded by Peach, that the City of Andover join with the County of Anoka and commit our population as part of the Anoka County total in order to allow the County to request grants on behalf of the City. DISCUSSION: Council requested that they be provided an up-date of what was accomplished in the City of Andover. Motion carried unanimously. FLOOD PLAIN ORDINANCE, Continued MOTION by Ortte1, Seconded by Jacobson, that the City's Planning and Zoning Commission be appointed as the Board of Adjustment for the Flood Plain Ordinance. Motion carried unanimously. DATE FOR ASSESSMENT HEARINGS MOTION by Ortte1, Seconded by Lachinski, that we set September 24, 7:30, City Hall, as the date for the Assessment Hearing for the 79-2,80-1, and 80-2 street projects. Motion carried unanimously. (See Resolution R108-80) DATE FOR BUDGET MEETING Council agreed to discuss the 1981 budget following the Assessment Hearing on Sept. 24. MOTION by Jacobson, Seconded by Peach, that we have it on the 24th. Motion carried unanimously. JUNKYARD APPROVALS MOTION by Ortte1, Seconded by Lachinski, that the Council approve renewal of the Junkyard L1censes for Wilber's Auto, K & K Auto, and Pumkin City Auto, through December 31, 1981. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, that we have the City Attorney send a letter to both the husband and wife (Mr. and Mrs. Farrian) outlining that the Special Use Permit will not be renewed and the reason why -- nontransferability of license, etc.-- so that they are on public record that they know this. After further discussion, Councilman Jacobson CHANGED Motion so the Attorney doesn't send the letter but the City Clerk does. Motion carried unanimously. Regular City Council Meeting September 2, 1980 - Minutes Page 5 AMENDMENT - ORDINANCE 8, Section 3.02EE MOTION by Ortte1, Seconded by Lachinski, that the matter of Ordinance 8, Section 3.02 be referred to the Planning Commission for their action. Motion carried unanimously. BOEHLAND - TAX EXEMPT FINANCING RESOLUTION/AMENDMENT MOTION by Ortte1, Seconded by Lachinski, entering a Resolution relating to Substitution of Meadow Creek Associates for Lynn C. Boehland as Borrower Under Resolution No. 90-80 Adopted July 29, 1980, as presented. (See Amendment Resolution R90-80) Motion carried unanimously. AMENDMENT - ORDINANCE 8, SECTION 7.01 MOTION by Orttel, Seconded by Lachinski, that Ordinance 8, Section 7.01, Permitted Use as Business and Industry be referred to the Planning and Zoning Commission for their action. Motion carried unanimously. Recess at 8:55; reconvene at 9:05 p.m. AWARD CONTRACT/SOUTHWEST AREA - 1980-3, Continued John Davidson stated they amended the original well specifications to allow a drift well without going all the way into the Hinkley formation. They are looking in the area of a 400-foot deep well to obtain potable water. If sand-free water can be obtained at that depth, approximately $30,000 to $35,000 can be saved. It means that at approximately 250 feet, samples will be taken every 10 feet to determine the condition of the soils at those points. If the geologists then feel they might get the water quality at that point, they will stop to test it. The Board of Health qualified that if the well is stopped in the drift, they would want additional monitoring wells between the potable water supply and the contaminated water supply in the City. Mr. Davidson then reviewed the problem that has evolved relative to the PCA permit for the extension of the sanitary sewer system. He explained that the air quality at the Pigs Eye treatment plant is not meeting the standards that were set forth in a stipulation between the PCA and MWCC last year; and as a result, the City's permit must be approved by the full PCA Board, their next meeting being September 23. He is hoping that they then don't defer the item to their October meeting. He asked for Council approval to appear before the PCA Board to appeal the City's case on the basis that the bids are in hand and came in under their estimates, and the project in total will immediately service 100 homes, some of which are contaminating the environment. Council deliberation was on the problems both with awarding the contract for the project this evening and with waiting to award it until after September 23, speculating how the PCA would view the Council's action. MOTION by Ortte1, Seconded by Peach, that we authorize TKDA to have a representative at the PCA meeting on September 23 to express all the concerns of the City and circum- stances surrounding the Southwest Area Improvement Project. Motion carried unanimously. Discussion continued that the City is already committed to the project since the bonds for the project have already been sold; that $104,000 has been spent for crossings under County Road 9; that what the City's improvement adds to the system does not affect the air quality which is being questioned by the PCA at this time; that the City is paying for the capacity already; that the City cannot legally prepay the bonds already sold for the project; that the sanitary sewer is being built in accordance with the City's Comprehensive Plan; that the City has received assurances from the MWCC that the project conforms to the Comprehensive Plan; that the project is being done under"standardengineer1ng design; and that a three week delay in construction this late in the year could be very costly. ,.. ...- Regular City Council Meeting September 2, 1980 - Minutes Page 6 (Award Contract/SW Area, Continued) There was a suggestion that the contract be awarded this evening, but a stipulation in the motion be made that the City would make no connections until after the PCA has reviewed the request. Attorney Hawkins advised that the City is locked into the project with $4 million worth of bonds that have been sold. He felt that possibly the City would have the advantage if any legal action were initiated by the PCA rather than by the City. MOTION by Peach, Seconded by Ortte1, that because the City has already sold over $4.3 million bonds and because the City would incur substantial increased construction costs relating to a delay and also legal arbitrage questions on the bonds, that the City of Andover acknowledge the bids of Kenko for $2,163,185.75, American Contracting for $2,208,345.13, Arcon Construction for $2,249.023.19, and award the bid for Southwest Area Improvement Projects Numbers 7375-01 , 7375-02, and 7375-03 to Kenko, and that the Council also stipulates that no sewer hookups shall be connected until the PCA has had an opportunity to review questions involved in this project. (See Resolution R109-80) DISCUSSION: Attorney Hawkins explained the arbitrage regulations relative to the sale of improvement bonds in that the City cannot borrow money at one rate of interest and then re-invest it and make income and expect the bonds to be considered tax free. One of the covenances is that the City will not prepay the issue for 5 years. He didn't know on what basis the PCA could deny the permit, as the City is in conformance with all plans and standards. Motion carried unanimously. PLANNING AND ZONING COMMISSION REPORT Chairman Bose11 informed the Council that the DNR is asking what has happened with the City's Scenic River Ordinance. They are questioning the rationale for withholding the language about substandard lots under same ownership not meeting 60 percent of the front footage area be required to be combined. (Reference January 10, 1980, letter from Tom Lutgen, DNR, to the Mayor.) Council directed the Clerk to submit a list to the DNR of those lots affected under this provision. Mayor Windschitl also suggested referring the Scenic River Ordinance back to the Planning Commission for an amendment to meet County standards relative to 2 1/2 acre lots in the second tier lots of the Scenic River Zone. MOTION by Ortte1, Seconded by Lachinski, to so move. Motion carried unanimously. OTHER COMMITTEES - CABLE COMMUNICATIONS Mayor Windschit1 stated he would like to see the City involved with the Anoka/Champ1in/ Ramsey Cable Commission to avoid duplication of the selection process. To his knowledge, it wouldn't obligate the City to anything. MOTION by Ortte1, Seconded by Lachinski, that we have Pat Lindquist contact the Anoka/ Champlin/Ramsey Cable Commission and get all information available as to our joining that group, including a copy of the Joint Powers Agreement. Motion carried unanimously. MOTION by Ortte1, Seconded by Lachinski, that Don Jacobson and Pat Lindquist be appointed as members of the joint Cable Communications Board. VOTE ON MOTI ON : YES-Lachinski, Ortte1, Peach, Windschit1; PRESENT-Jacobson Motion carried. OTHER COMMITTEES - CITY AUDITOR Mayor Windschit1 stated he has reviewed the proposals submitted, noting two out of the four firms responding do not have CPAs. He stated the Finance Committee could meet and interview the two applicants or additional firms can be asked for proposals. - . _.~...-" Regular City Council Meeting September 2, 1980 - Minutes Page 7 (Other Committees - City Auditor, Continued) MOTION by Ortte1, Seconded by Lachinski, to give authority to the Clerk to solicit more consultants willing to give us a price on completing the City's audit. Motion carried unanimously. VOLUNTEER FIRE DEPARTMENT Fire Chief Bob Palmer presented the Council with a report of Department activities, fire calls, and the most recent roster. He asked the Mayor to speak at the Mutual Aid Meeting the Department is hosting on September 9. The Mayor agreed. Chief Palmer also asked the City's liability if they participated in the burn sponsored by the Oak Grove Volunteer Fire Department being held on September 27. Council felt that as long as it was an official function of the Department, it would be covered under the City's insurance. Councilman Orttel agreed to determine whether or not it is legal to have the Chief drive the City vehicle to and from work with a tax-exempt license. He will also investigate how that would relate to the insurance coverage. APPROVAL OF MINUTES July 15, 1980: Correct as written. MOTION by Jacobson, Seconded by Ortte1, that we approve the Regular City Council Meeting Minutes for July 15. Motion carried unanimously. APPROVAL OF CLAIMS There was some question on the TKDA billing as to whether or not charges made for attending Council meetings should be charged against the project/projects they were discussing. MOTION by Peach, Seconded by Lachinski, that Checks Numbered 3347 through 3375 excluding Checks Numbered 3348, which is void, 3353, 3365, and 3373, for a total of $6,703.80 be approved. Motion carried unanimously. MOTION by Lachinski, Seconded by Ortte1, the approval of Check Number 3353 to Donald Jacobson in the amount of $108.91 and Check Number 3365 to Robert Peach for $108.91. VOTE ON MOTION: YES-Lachinski, Ortte1, Windschit1; PRESENT-Jacobson, Peach Motion carried. MOTION by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. Meeting adjourned at 10:15 p.m. Respectfully submitted, ~~~~~ Ma,~e11a A. Peach Recòrding Secretary - -.-"- , h