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HomeMy WebLinkAboutCC November 3, 1981 ·~'/~'·I ,J ,10 r,~DOVFI1 l _ .' ,¡ , _.._"2'4.~ r__'S-2...:_-..........--, ~_..... REGULAR COUNCIL 11EETING-NOVEMBER 3,1981 AGENDA -- 1. Call to Order - 8:00, P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearing-CDBGjSenior Citizen Center 5. Discussion Items a. Variance-M.Omann b. Sketch Plan-Creekwood c. d. e. 6. Non-Discussion Items a. Amendment-Flood Plain Ordinance b. Cigarette License-J&J Liquors c. Interview Dat€-City Engineer d. e. 7. Reports of Commissions, Committees, Boards 8. Approval of Minutes 9. Adjournment : . .., ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 3, 1981 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Kenneth Ortte1 on November 3, 1981, 8:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Peach Councilman absent: Mayor Windschitl A 1 so present: City Attorney, William G. Hawkins; Planning and Zoning Chairman, d'Arcy Bosel1; City Clerk, P. K. Lindquist; and others RESIDENT FORUM Wayne Davids, 13607 Crooked Lake Boulevard - stated some of the neighbors and he have been having problems wlth people shooting back in the area east of the creek. Last weekend someone shot at him, and the Sheriff told him it was legal to hunt back there. He was concerned that someone is going to get hurt. He stated most of the people don't let their children back there on weekends any more. Many are raising ducks and pheasants and releasing them, only to have them shot by hunters. He asked if the area could be closed for hunting. He also related other incidents of accidents or near- accidents involving the discharge of firearms. (Council discussion was that the ordinance prohibits discharge of firearms within 500 feet of a platted area; however, some felt that was still very dangerous. It was agreed to add the item to the Agenda.) AGENDA APPROVAL MOTION by Jacobson, Seconded by Peach, the approval of the Agenda with the addition of 5c, Firearms. Motion carried unanimously. MOTION by Jacobson, Seconded by Peach, that we suspend the rules. Motion carried unanimously. PUBLIC HEARING - COBG/SENIOR CITIZEN CENTER Acting Mayor Orttel explained why the decision was made to consider constructing a Senior Citizen Center onto the City Hall with the COBG Funds allocated to the City. The Clerk stated the deadline for use of the funds is the building should be well under way by June of 1982. The City would be able to borrow next year's allocation (approximately $40,000) from another COBG source, since many of the cities are not using their 1981 funds until next year, their projects being incorporated into their 1982 capital improvement projects. To comply with the Federal regulations, the use of the center would be limited to senior citizens initially. In the future, if it is found that it is not being used, it could become a multipurpose facility. Council discussion on the estimates from the architectural firms noted this would be strictly for the design and engineering phase of the project. It was felt that most of the inspections could be done in-house. There being no public testimony, Councilman Jacobson MOVED to close the public hearing. Seconded by Lachinski. Motion carried unanimously. Council discussion was that there appears to be no other use for the COBG funds; some concern that the decision is being made hastily; that the increased maintenance and impact on future budgets has not been investigated; and that the need for such a center has not been documented though no one has spoken for or against the project. It was generally felt that such a facility would be used if it were available to senior citizens, that such facilities would probably be used during the daytime only, and that a committee should be established to advise on the building and scheduling of the facility. ~ . - ~-.->------- .. - - Regular City Counci 1 Meeting November 3, 1981 - Minutes Page 2 (Public Hearing - CDBG/Senior Citizen Center) MOTION by Jacobson, Seconded by Lachinski, that we ask City Staff to estimate annual costs of maintenance, heating, lighting, of the type and size of the structure we are looking at, and I would think we could compare our present building with a new one; and at the same time have each member of the Council nominate one senior citizen to serve on a committee to make recommendations to the full Council as to the wishes of the senior citizen community in the area and their needs should a building be actually constructed; and that committee report back to us no later than December 31. Councilman Jacobson AMENDEO MOTION to move recommendations be before our last regularly scheduled meeting in December so that we can act on it at that last meeting. Second stands. DISCUSSION: was on the problems of postponing use of the funds until 1982. The Clerk stated she was not aware of any deadlines for making the final decision. Acting Mayor Ortte1 didn't feel there was any question but that such a facility would be used. And it is known there will be maintenance and upkeep costs, but to date the City has expended no funds on the senior citizens in the way of recreation, etc. And it is expected that the senior citizen community would grow in the City. Council- man Peach felt the committee should meet as soon as possible to make recommendations as to what type of facilities are needed. Councilmen Lachinski and Jacobson WITHOREW the Second and the Motion. MOTION by Jacobson, Seconded by Lachinski, that we authorize the engineering firm of Bonestroo to proceed with the plans for a Senior Citizen Center for an amount not to exceed $110,000 and to direct the firm to work with a Senior Citizen Coordinating Council, such Council to be set up by nomination of one member by each member of the City Council; and this Coordinating Council would assist in the planning and develop- ment and use of such Center when constructed. Motion carried unanimously. MOTION by Jacobson, Seconded by Peach, for the Senior Citizen Center, the firm of Bonestroo which would do the engineering work, that the fees charged by the firm should not exceed six percent of the total cost of the structure. Motion carried unanimously. VARIANCE - M. OMANN Chairman Bosell reviewed the Planning Commission's recommendation to approve the variance. Mark Omann - stated the bui]ding would be 22x28 feet, and it is his intent to remove the existing garage. The new garage would be 90 feet from the road, about 40 feet from the existing garage. It is about 120 feet from the lake to the house. MOTION by Jacobson, Seconded by Lachinski, a Resolution approving the Variance request of Mark Omann to construct a 2~-car garage nearer to the front lot line than the principal structure as presented by the City Clerk. (See Resolution R92-81) Motion carried unanimously. SKETCH PLAN - CREEKWOOD Tom Brocker, C-5 Real Estate, represented the two owners of the property, Joseph LaFromboise and his wife and Jim and Villa Cohnen. He asked the Council to review the two sketch plans presented for comment. Council noted that the one lot on Andover Boulevard would require a major variance on frontage, and that conceptually the most acceptable plan would be Sketch Plan 1 because of the street arrangement. It has been the City's policy to provide for the continuity of street patterns and to require roads to continue through the property to the adjacent properties. Also, the developer should look at the easements required along Prairie Road. -, ,. . ... .. - Regular City Council Meeting November 3, 1981 - Minutes Page 3 F !REARMS Council discussion was on possible solutions to the discharge of firearms within the City limits, it generally being felt that it should not be allowed within the urban service area because of the denser population there. The Attorney advised that the Council had the authority to amend the ordinance this evening and could make the discharge of firearms anywhere within the City illegal. The question was if some easily identifiable boundary across the City could be spelled out separating where firearms could and could not be discharged to simplify enforcement. It was also noted that the Sheriff's Department's position is that the existing firearms ordinance is difficult to enforce. Discussion was also on how soon the Planning Commission could hold the required hearings and make a recommendation on updating the entire firearms ordinance. It was suggested the City institute a temporary moratorium on allowing the discharge of firearms within a portion of or the entire City, pending review of the ordinance. The Council generally did not wish to make any permanent changes at this time without input from both sides of the issue. The Clerk stated that they are receiving about four or five complaints a day and about four or five inquiries about the hunting ordinance in the City. MOTION by Jacobson, Seconded by Lachinski, to make an amendment to Ordinances No. 12 and 12A, the amendment would prohibit the discharge of any firearms within the City limits of the City of Andover, except for lawful use by police officers, until the date of February 1, 1982, or until the Planning and Zoning Commission returns to the City Council with a firm recommendation on an amendment to Ordinances 12 and 12A and the Council acts on it, whichever time is soonest. Councilman Jacobson CHANGED MOTION: to read as is until February 1, 1982, and delete the portion which said until the Planning and Zoning Commission comes back with a firm recommendation and we act on it. Second Stands. Motion carried unanimously. AMENDMENT - FLOOD PLAIN ORDINANCE MOTION by Peach, Seconded by Jacobson, the amendment to Ordinance 50, adopted September 12, 1980, known as the Flood Plain Ordinance, Section 2.2, hereby be, amended to read: The attached material shall include the F100dway Boundaries and Floodway Map, Panel 0015A, as amended by TKDA Study dated September 3, 1981. Motion carried unanimously. CIGARETTE LICENSE - J & J LIQUORS MOTION by Lachinski, Seconded by Peach, that we approve a Cigarette License to Judith A. Reimann of J & J Bottle Boutique, Ltd., at 3121 161st Avenue NW for a time period to December 31, 1981. VOTE ON MOTION: YES-Lachinski, Peach, Ortte1; ABSTAIN-Jacobson Motion carried. INTERVIEW DATE - CITY ENGINEER The Clerk noted there are four applications, but one is not a registered engineer. Council agreed not to interview the applicant that was not a registered engineer. MOTION by Peach, Seconded by Lachinski, that the Council schedule a meeting on Thursday, November 5, at 7:30, at the Fire Station to interview three candidates for City Engineer. Motion carried unanimously. ~ . -. .. -. -+~ - - .. Regular City Council Meeting November 3, 1981 - Minutes Page 4 PLANNING COMMISSION - DISCUSSION Chairman Bosel1 explained that they will be reviewing an amended Special Use Permit from Good Value Homes for the NorthG1en property to construct twin homes or simi1iar adjoining-type structures slab on grade between 820 and 960 square feet of living space. She knew of no such structures in existence that are occupied. There are some in the process of being developed in other cities, and she asked if that is the kind of thing the City is leaning to. Also, if anyone knows of such existing structures, she asked the Council to contact her. Councilman Jacobson felt that because of the volatile weather conditions in this part of the country, storms, tornatoes, etc., that basements are necessary, and that the City should not be lessening standards because of the economic conditions. Other Council discussion was that outside appearance probably would not look very much different than those structures with basements, that in this case there is already an existing PUD Agreement, questioned how the slab-on-grade homes would fit into that particular area in general and in price, that this type of structure being built to save $10,000 per unit should not be gone into because of a temporary problem in the housing market as the City has to look at the long-term situation, and that this would be varying from the existing and occupied structures and that the City should consider protecting the investments of those people that have already bought in that area. VOLUNTEER FIRE DEPARTMENT Fire Chief Bob Palmer informed the Council they are having some problems manning the rescue vehicle, but they do not want to abandon the service. He asked if there would be any legal problem with recruiting people from outside the Fire Department. They would be trained to man the rescue vehicle but would not be part of the fire service. Acting Mayor Orttel felt they would meet the test of being an associate for the Worker's Compo provision. Attorney Hawkins also saw no problem with making a separate company for the rescue service. Council then discussed the request by Mark Kreutter to pay the medical claim which was not reimbursed by Worker's Compensation. He injured his hand while opening a bottle of pop at the Fire Station. Chief Palmer stated that Mr. Kreutter was there under the auspices of the Fire Department, and he felt it was a job-related injury. MOTION by Lachinski, Seconded by Peach, that we reimburse Mark Kreutter for a work- related injury in the amount of $65. Motion carried unanimously. APPROVAL OF CLAIMS Council discussed the Springsted bill for work done on the Trunk Sewer Policy, that charge being at the rate of $100 per hour. Council directed the Clerk to check with other fiscal agents to determine whether it is a reasonable hourly rate. It was generally felt if the rate is not reasonable, that it should be negotiated with Spri ngsted. If Springsted would not be willing to negotiate, it was felt that considera- tion should be given to changing the City's fiscal agent. MOTION by Jacobson, Seconded by Peach, that we approve Checks 4399 through 4441 with the exception of 4407,4409,4415, and 4424 which are void, in the amount of $17,452.15. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, that we approve Checks 514, 516, 517, 518, 519, 520, 522, 523, 524, 525 for total of $80,290.72, with 515 and 521 void. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at ~s~~ ~~~~'- C '\ ~ v-<-/ Marcel . Peach, Recording Secretary - --. ,-. --,. - "'