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HomeMy WebLinkAboutCC August 4, 1981 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 4, 1981 AGENDA 1- Call to Order 2. R<gsident Forum 3. Agenda Approval 4 . Discussion Items a. Cedar Crest Lots b. Set Public Hearing-1980-3 c. Onieda Street Ditch d. Group Insurance 5. Non-Discussion Items a. Approve Streets/Andover West b. Approve Streets/Birchwood Pond c. HUD Resolution d. Planning Grant Resolution e. Ordinance No. 8 Amendment/Accessory Buildings f. Bingo Permit g. Date/Interviews-P&Z 6. Reports of Commissions, Committees, Boards 7. Approval of Minutes 8. Approval of Claims 9. Adjournment - - -- 1 --- ". - CITY of ANDOVER M E M 0 RAN 0 U M TO: MAYOR AND COUNCIL COPIES TO: TKO A, ATTORNEY, STAFF FROM: ACTING ADMINISTRATOR DATE: JULY 30, 1981 REFERENCE: AGENDA INFORMATION - AUGUST 4, 1981 Item No. 3 - Agenda Approval Item No. 4a - Cedar Crest Lots This is continued from previous meetings. The question to be resolved is whether to assess the vacant lots or make up the costs of the project with a supplemental assessment. Attached is a memorandum from the City Attorney giving the opinion that legally we cannot go back and assess properties that abut a street that was improved with general funds some years ago. As far as setting the date for the Hearing, it probably could be combined with that for 1981-1 and 1981-2, to be held the later part of September. Item No. 4b - Set Public Hearinq/1980-3 This is the Southwest Area Improvements. A Special Meeting has been set for the 11th of August to determine the area assessments for the sewer and the manner in which the water construction costs will be assessed. Attached is a resolution setting the Assessment Hearing (second week in September). The actual assessment rolls should be ready by the last week of August. Based on this, and the scope of the project, the Hearingcs!i.ould be held on th-e 9_bfi br i1Dt<b.,-dayeofJc:_ September'. 2;:-, Item No. 4c - Onieda Street Ditch Additional information as requested from the City Council at the July 21 Meeting is being secured by the City Staff Engineer. Item No. 4d - Group Insurance Enclosed is correspondence from Anoka County covering Medical Insurance for PHP coverage. The other available HMO's did not give options and only showed a 10% increase. I have not heard back from all the employees yet, as to their preference. The City contributes a flat $90.00 toward medical insurance, therefore, whichever option is chosen would affect the City only in the cases of single coverage under the $90.00. There presently are only two employees on single coverage PHP. The other single coverages are on Medcenter. The County wants a motion by the City Council as to the choice of coverage under PHP. I " Agenda Information August 4, 1981 Page 2 Item No. 5a - Approve Streets/Andover West TO-dat2 I have not received the maintenance bond from the Developer. In order not to have it on the agenda for another meeting, it could be approved contingent upon receipt of the bond. Item No. 5b - Birchwood Pond/Approve Streets TO-date I have not received the bond, nor have I received a report on the bituminous testing done approximately a month ago. Here again, this could be approved contingent upon receipt of the bond and a favorable report from the City Engineer on the surfacing. Item No. 5c - HUD Resolution Attached is general information from Metro Council covering the monies available for subsidizing rentals, etc. for low-income families within the City of Andover. Adoption of the encclcsed resolutions would permit Metro Council to apply for the Federal Funds to be used in the City of Andover; and would allow Metro Council to implement the Section 8 Program in our City. As you will note from the correspondence, such action would satisfy the requirements set forth in our Comprehensive Plan. The total number of dollars Andover would receive, I assume, would be small, however, it may help someone. We do get probably two or three requests from perspective renters each year. We did give the same authorization two years ago to the Community Action Program, however, to-date, I have not been able to obtain written information from them on the total dollars expended in Andover. That program was strictly for rehabilitation, not the rent assistance for low-income. I have received assurance from Metro Council that we will receive information if any eligible renters do use their allocation certificates for units within the City. (Note: the resolution adopted this spring for inclusion in the request for funds for the construction of the senior citizen unit in Coon Rapids has no bearing on this funding). Item No. 5d - Planning Grant Resolution Attached is information covering the monies available under the Planning Assistance Program. A motion is needed to authorize the mayor and clerk to execute the amendment to our original Planning Grant Assistance Resolution. This will allow us to receive the balance of the funds available; we have already been paid approximately $9,000, so the balance is $5,351.00. Item No. 5e - Ordiance No. 3 Amendment - Accessory Buildings The Building Official originally requested that perhaps the City adopt an ordinance restricting the number of accessory buildings to be placed on a residential lot, especially in the R-3 and R-4 zoned areas. We had received two or three complaints from neighbors about 4 or 5 of the metal portable sheds on adjoining properties. Planning and Zoning is of the opinion that Section 8.20 is sufficient to cover and allow enforcement of a limit. When something is not spelled out in the ordinance in exact numbers, it becomes a question of different opinions on what is and what is not objectionable. 1 ' , Agenda Information August 4, 1981 Page 3 Item No. 5e - Ordinance No.8 Amendment/Accessory Buildings (continued) If the Council feels after reading the enclosed information from the Planning & Zoning & the Building Official that an exact definition is needed in the ordinance, it should be sent back to P&Z with a directive on the Council's intentions. Item No. 5f - Bingo Permit The Andover Firefighters are requesting a Bingo Permit to allow for them to offer bingo games on Andover Fun Day, August 23. Our ordinance provides for exemption pursuant to Minnesota Statute, Chapter 349.19, which allows for the exemption of the permit if the activity is declared to be of a Civic nature. On this basis, all that is needed is a motion by the Council declaring Sunday, August 23, 1981, at Andover Fun Day. Item No. 5q - P&Z Interviews I have just received word that George Lobb has withdrawn his notice of resignation; in view of this, there is no opening on thp Commissinn at this time. I would recommend just holding the applications until the next opening occurs. I can contact the applicants and advise them of this. Item No. 6 - Park & Recreation Commission The Park & Recreation Commission is asking for authorization to enlist the services of Bonestro" En~in"er'ng ~o d- th- pl-ns -nd -perif'ca'ions f r the boat landing. Tf the work is not done soon there is a chance of losing the grant monies. The entire project must be done by June of next year, in order to give time to get all the paper work in and completed before the deadline. Item No. 7 - Approval of Minutes April 7, July 21 I I ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 4, 1981 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschit1 on August 4, 1981, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Ortte1 Councilman absent: Peach Also present: City Attorney, William G. Hawkins; City Engineer, Larry Winner; and others RESIDENT FORUM Paul Bertils, Tom Thumb on Seventh Avenue - stated he has a problem with collecting bad checks and people driving off without paying for gas. He explained the problems he has had in trying to get the City Attorney to help in collecting bad t.hecks, citing the incident of talking with the Attorney last Friday relative to the collection of two bad checks from one party and expressing his frustration at not getting help in prosecuting those offenders. Attorney Hawkins stated that he has been contacted by Mr. Bertils four or five times in the past and had rather lengthy discussions regarding the prosecution of checks returned for insufficient funds. He explained the reason he declined to prosecute the incident of a party driving off without paying for gas is because Mr. Berti1s did not see the individual fill the tank but saw the passenger do it. Mr. Hawkins had advised Mr. Berti1s that he could not prosecute the driver for theft if the passenger filled the tank. Mr. Hawkins also explained his policy on the prosecution of worthless checks, which is unless there is a string of checks, anyone of which is over $25, it is not economical to the City to prosecute in those matters. In this instance, one check was for $8 and the other was for $15. He explained the procedure for prosectuion on bad checks, noting it is not economically feasible to draft the complaint, etc., for small checks. Unless the City Council directs him to prosecute small checks, he will stand by his policy, which is also the pOlicy of other city attorneys as well. Mr. Berti1s - stated that the checks are from the same individual and he has already expended approximately $60 trying to collect them. He also felt that if this policy continued, we are condoning the practice of writing small checks which are not covered with sufficient funds because they are not prosecuted. Mr. Berti1s also stated the Attorney is being paid by the taxpayers of the City, and he didn't feel he was deserving of receiving this kind of treatment from the Attorney. Discussion between Mr. Berti1s and Attorney Hawkins was on past incidences of attempts to collect bad checks. Mr. Hawkins disagreed with Mr. Berti1s, feeling he had done all he could to work with Mr. Berti1s in these matters. Mr. Hawkins also had no problem prosecuting if Mr. Bertils would pay the costs of that prosecution. Also, there is no question that thefts of gas will be prosecuted. Council discussion noted that there are insufficient City funds to be prosecuting very small bad checks. The suggestion was made that the businesses contact one another to determine if one individual is systematically passing bad checks in other businesses in the City as well; and if such a pattern is found, the Attorney could then prosecute it as one complaint on separate accounts. Council also agreed that the Attorney could prosecute small bad checks if the owner of the store would be willing to pay for the costs of that prosecution, though it was noted that the decision to prosecute is at the Attorney's discretion. It was also felt that it is the responsibility of the businessmen to determine whether an individual is systematically writing bad checks in the City and to forward the cumulative total to the Attorney for prosecution. - -.- 1 -ï Regular City Council Meeting August 4, 1981 - Minutes Page 2 AGENDA APPROVAL MOTION by Jacobson, Seconded by Lachinski, to adopt the Agenda for August 4 as printed with the addition of 4e, Water Permit; 4f, Sea1coating Change Order; and 5h, Solid Waste Disposal Area. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, that we suspend the rules. Motion carried unanlmous1y. CEDAR CREST LOTS (Reference July 17, 1981, letter from Attorney Hawkins stating there is no authority to subsequently assess the project on Aztec and 172nd which was paid for originally by general funds approximately 10 years ago.) There was some confusion as to the exact project cost (1980-4); the amount assessed; the difference that must still be assessed knowing the Aztec and 172nd area cannot be assessed; the number of lots along l74th that were not assessed; the number of lots that are in joint ownership that can be assessed since they are usable for accessory structures, drainfields, etc., or are buildable; and the number of remaining lots that were unassessed. The suggestion' was that the amount remaining to be assessed be divided by the number of un assessed lots, that being the amount of assessment for those lots. It was felt that that amount would not be as much as for the buildable lots; but those unbuildab1e lots should bear some cost for the street in front of them. MOTIO] by Ortte1, se.conded by Lachinski, that we continue the item of the Cedar Crest Addition lots to the nextRegular Council Meeting pending full information on the bui1dabi1ity and ownership of those lots. Motion carried unanimously. PUBLIC HEARING - 1980-3 MOTION by Ortte1, Seconded by Lachinski, introducing a Resolution setting date for public hearing for the assessment of sanitary sewer/water/streets in the southwest area under Improvement Project No. 1980-3 and move we set the date for September 10. (See Resolution R61-81) Motion carried unanimously. ONEIDA STREET DITCH (Reference July 30, 1981, memo from Mr. Winner on the Oneida Street NW Ditch Work) Mr. Struwve- stated he preferred the first alternate of filling the ditch. Council discussion was on the problem and existing conditions in the area and on possible solutions. A suggestion was made to connect the culverts on Oneida and 159th with a culvert, leaving it open and exposed at the Oneida culvert to collect runoff from the Oneida culvert and from the ditch north of there, and that the connecting culvert be covered with dirt. Mr. Winner felt such a solution would not be difficult to maintain. Mr. Struwve was agreeable to that solution, but also felt that the area to the north shoù1d be more flat to be maintainable. After further discussion, the suggestion was made to do some filling of the ditch area north of the Oneida culvert and to allow the water to run to a low spot on the Struwve's property. Mr. Struwve stated he would be agreeable to granting an easement for that purpose and expressed satisfaction with the suggestion. 1 . , , . . Regular City Council Meeting August 4, 1981 - Minutes Page 3 (Oneida Street Ditch, Continued) MOTION by Jacobson, Seconded by Ortte1, that we authorize the City Staff to do some ditch work on Oneida Street NW near the intersection of 159th Avenue by placing approximately 100 feet of culvert to connect the culvert which goes under Oneida Street and the culvert which goes under 159th, and to get fill and topsoil from any stockpiles around the City, and authorize them to spend money for seed, mulch, and fertilizer in the amount of approximately $100, and the project should be done no later than the last day of September, this year; contingent upon receiving an easement at no cost to the City from Mr. and Mrs. Allen Struwve, residents of the property. Motion carried unanimously. GROUP INSURANCE The Mayor stated that the City Staff is in favor of the 10/15 retroactive option. MOTION by Ortte1, Seconded by lachinski, that the City Council of Andover approve the PHP/HMO Plan known as the 10/15 percent retroactive, which is the 15 percent retroactive plan with 10 percent premium reduction for the following rates: the premium reduction. being $59.57 per person for single coverage to $167.81 per employee for family coverage; and that the retro portion could change those rates on the single coverage from as low as $50.55 to a high of $68.39, and on the family coverage from a low of $142.64 to a high of $192.98; and Council makes the note that the City's obligation under this plan remains the same as it has in the past, that being $90 a month for total coverage. AMENDMENT TO MOTION by Jacobson, Seconded by Ortte1, to establish a withholding rate which by December will equal one-half of any anticipated amount that would have to be paid in by the employee if the worst case is realized. VOTE ON AMENDMENT: Carried unanimously. VOTE ON MOTION: Carried unanimously. MOTION by Lachinski, Seconded by Jacobson, that any balance due under the PHP Plan be deducted from the employee's regular wages within 30 days of receipt of bill. Motion carried unanimously. WATER PERMIT/COON CREEK BRIDGE The Mayor suggested a motion approving the project for the City's purposes and encouraging that the permit be processed as quickly as possible. MOTION by Lachinski, Seconded by Jacobson, to so move, and also authorize the Mayor and Clerk to enter into the signing of such documents as necessary to implement this. Motion carried unanimously. CHANGE ORDER NO. l/SEALCOATING PROGRAM (Reference the August 4, 1981, memo from Mr. Winner recommending Change Order No.1 to allow the contractor to patch all streets to be sea1coated and to include Jay Street in the proejct.) MOTION by Ortte1, Seconded by Lachinski, that we approve Change Order No.1 on the 1981 Bituminous Sea1coating Program, that being to have the contractor on the sea1- coating do the street patching not to exceed the amount of$750, and to include Jay Street in the project for a total cost revised contract amount of $22,608.60. Motion carried unanimously. 1 ' , Regular City Council Meeting August 4, 1981 - Minutes Page 4 HUD RESOLUTION Councilman Jacobson questioned the costs to the City for operating the program within the City, as the City does have Community Development Block Grant Funds and to protect those, the City should know what is involved. It was agreed to hold the discussion. A motion was made later in the meeting. , PLANNING GRANT RESOLUTION MOTION by Ortte1, Seconded by Lachinski, that the Council enter into the Second Amendment to the Grant Agreement between the Metropolitan Council and the City of Andover for the Planning and Assistance Funds and authorize the Mayor and Clerk to sign the Agreement. Motion carried unanimously. ORDINANCE NO.8 AMENDMENT/ACCESSORY BUILDINGS Planning and Zoning Chairman, d'Arcy Bosell stated that Commissioner Johnson researched the issue. The complaints coming to City Hall deal with the temporary buildings. She noted the problem of regulating the number of temporary. buildings on a parcel of land since they can be put up without a permit. She stated that the City's ordinance is ambiguous about what is an accessory building, it being incidental to the principal structure. Discussion noted that the problem may be in the more densely populated area rather than the rural area, and presumed that whatever is in the temporary storage building would be left outside if the buildings weren't there. Attorney Hawkins stated that such a provision regulating the number of temporary buildings on a parcel can be enforced, but the definitions must be clear as to what is or is not desirable. It's also a question of whether it is of such a problem that the City wants to go through the time and expense of enforcing it. MOTION by Jacobson, Seconded by Ortte1, that the Council takes note of the Planning and Zoning communicative of July 28, 1981, in relation to Ordinance 8, Section 4.05, Accessory Buildings; and the Council concurs and as such does not feel that any action should be taken by the City in relation to the above section at thecpresent time. Motion carried unanimously. BINGO PERMIT MOTION by Ortte1, Seconded by Lachinski, that the City Council designate August 23, 1981, Andover Fun Day and to allow the Andover Fire Fighters Association a bingo permit to allow for them to offer bingo games on Andover Fun Day at the City Hall site, and waive the normal bingo permit fee due to the fact that this is a civic activity. Motion carried unanimously. DATE/INTERVIEWS - P & Z MOTION by Jacobson, Seconded by Lachinski, that we declare no vacancies and notify those who have applied of that fact, and as soon as there is one, they will be called. Motion carried unanimously. MOTION by Ortte1, Seconded by Lachinski, that the City Clerk be directed to notify those persons that applied for the Planning Commission vacancy to let them know that the individual who had intended to resign reconsidered and withdrew his resignation, and that at this time there is no vacancy; however, at the end of the year there are two terms expiring and they would be welcomed to reapply at that time. Motion carried unanimously. I " Regular City Council Meeting August 4, 1981 - Minutes Page 5 SOLID WASTE DISPOSAL SITE Council discussion was on the exact location of the proposed solid waste disposal site in Andover and Coon Rapids, questioning how much of the site would be in Andover. Councilman Jacobson noted that the documents on the matter are available at the library prior to the hearing. Council generally felt that another disposal site is not desirable in the City, expressing concern over the high water table in the City and the potential for water pOllution from such a site. It was also agreed to have Mark Schumacher of TKDA testify at the pUblic hearing on behalf of the City. MOTION by Ortte1, Seconded by Lachinski, that the City Council authorize Mark Schumacher from TKDA to attend the State Hearing Examiner's Hearing at the Bunker Park Activity Center on August 19, and that Mark in particular make the City of Andover's position known to the Hearing Examiner as regards to the high water table and the potential contamination of .that by the landfill site in our City, and any other matters regarding the waste disposal in the City of Andover as regards to the site. AMENDMENT TO MOTION by Jacobson, Seconded by Ortte1, also authorize TKDA to review the PCA Dlrector's basis for the recommendation for this site, such findings will be available on August 12, 1981; and to make appropriate reply to those statements as TKDA feels is necessary to protect the interests of the City. VOTE ON AMENDMENT: Carried unanimously. VOTE ON MOTION: Carried unanimously. PARK AND RECREATION MOTION by Lachinski, Seconded by Ortte1, that we authorize the firm of Bonestroo to provlde a cost estimate on preparing the plans for the Crooked lake Boat Landing site. Motion carried unanimously. ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT Fire Chief Bob Palmer asked if the money received when billing the railroad for fire calls goes to the General Fund or to the Fire Department budget. Discussion noted that it probably goes into the General Funds, and it would take a motion from the Council to direct it elsewhere. The Chief was directed to draft a policy as to what the money would be used for, such as a sinking fund on equipment, etc., after which the Council will discuss it again. Chief Palmer asked if there are still monies available from the Block Grant Funds since the Heidelberger issue appears to be solved. Council discussion was that the Block Grant Funds were earmarked for th~~k~~~~ of the Heidelberger area, although some questioned whether the monies were a or the cleanup of the hazardous waste pit at the landfill as well. It was agreed to have the Clerk determine the status of the funds, whether they can be used for the cleanup of the pit at the landfill or whether those funds must be redesignated by the City for a specific use. Chief Palmer also explained the problem he is having with petty cash in the amount of time it takes for him to be reimbursed. It was agreed to discuss this item with the Clerk in an attempt to resolve the problem. HUD RESOLUTION, Continued MOTION by Jacobson, Seconded by Lachinski, that we table until the next regularly scheduled meeting the question of the HUD Grant through the Metropolitan Council for Rehabilitation Program within the City. 1 . " Regular City Council Meeting August 4, 1981 - Minutes Page 6 FIRE DEPARTMENT AGREEMENT/USE OF RUSSEL BUILDING MOTION by Lachinski, Seconded by Orttel, authorizing the Mayor and Clerk to enter into an agreement with Clyde Russel for the purpose of allowing the Fire Department to use the building on Clyde Russel's property for forcible entry training project. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Ortte1, Seconded by Jacobson, that we approve Claims 4202 through 4241 wlth the exception of 4206 and 4221 which are voided in the total amount of $19,069.42. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that we approve Check Number 498 in the amount of $3,430; Check Number 500 in the amount of $20,728.50; Check Number 501 in the amount of $85,129.03; and Check 503 in the amount of $123; and note that Checks 496 and 497 are voided checks. Motion carried unanimously. MOTION by Ortte1, Seconded by Jacobson, to adjourn. Motion carried unanimously. Meeting adjourned at 9:40 p.m. Respectfully submitted, ~ ~ -~ ~ C^--~ Marc la A. Peach ~ Recording Secretary ..