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HomeMy WebLinkAboutCC August 17, 1982 ~ o¿ ANDOVER REGULAR COUNCIL MEETING-AUGUST 17, 1982 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Final Plans & Specifications - Project 82-7 b. Award Contract - MSA Street Improvements c. Temporary Mobile Home Permit - Anderson d. Ordinance No. 8 - Single Family Homes W/Apts e. LMC Regional Meetings f. 5. Non-Discussion Items a. Approve Election Judges b. Date/Junkyard License Revocation Appeals c. Contract/Barton-Aschman d. Senior Citizen Center/Exclusive Use 6. Reports of Commissions, Committees, Staff a. City Hall Grading Plan b. CIP Equipment Purchases 7. Approval of Minutes 8. Approval of Claims 9. Adjournmentc CITY 01 ANDOVER M E M 0 RAN DUM TO: ÞPYOR ~m COUNCIL COPIES TO: :::::::::·;:::w FROM: DATE: , REFERENCE: I\(;RN[)I\ TNF'ORMI\'T'TON - 1\TJ(~T1C;'T' 17, 1qR? Item NO. 3 - Agenda Approval Please add the following: Item No. 4e (LMC Regional Meeting) , Item No. 5b (Set Date/Junkyard License Revocation Appeal) , Item No. 5c (Contract/Barton-Ashman) , and Item 5d (Resolution/ Exclusive Use-Senior Citizen Center). Item No. 4a - Final Plans & Specs, Project 82-7 (Russell-Stack) B.R.A. will have the FPS for the street improvement for the Russell-Stack Addition, including all of 165th. A resolution will be prepared approving the plans and ordering the advertisement for bids. Item No. 4b - Award Contract - MSA Street Improvements Bids were opened on August 10. A total of five were received, the lowest of which was Forest Lake Contracting, Inc. at $279,108.25. A resolution will be prepared accepting the bid and awarding the Contract. Item No. 4c - Temporary Mobile Home Permit/Anderson Attached is correspondence from Mr. Anderson requesting approval of a temporary permit to park a mobile home on Lot 10 of Barnes Rolling Oaks Addition. He has secured the permit for his house and the work has been started on the foundation. A motion is need for a temporary 90-day permit to park a mobile home on Lot 10 of Barnes Addition, to be used as living quarter during that period, with such approval contingent upon tyying the well and septic system into the mobile home during its use as a dwelling. Item No. 4d - Ordinance No. 8-Single Family Homes W/Apts. You have received correspondence from the Building Inspector and Utility Department covering sanitary facilities if this were to be done. This has been carried and discussed for several meetings, so action should be taken. Agenda Information - August 17, 1982 Page 2 Item No. 4e - LMC Regional Meeting Information covering the 1982 Regional Meeting to be held in the City of Maplewood is enclosed. This is a Thursday, therefore, it should not conflict with any other meetings. A motion is needed to authorize Councilmembers and myself and?? to attend. The cost is $9.00. Item No. 5a - Approve Election Judges/Primary Election Enclosed is a listing of the election judges to be used for the Primary Election. They have all been contacted and have agreed to work. You will note I did not include the Precinct at which they will be working, inasmuch, as we may have to do some last minute switching to maintain a "party" balance at all precincts. Most of the names on the resolution will work from 6:30 A.M. to completion of tally; the balance are working from 4:00 to completion of tally (approximately 1 hour after polls closed) Item NO. Sb - Date/Junkyard License Revocation Approval Enclosed is a request for an appeal as filed by Commercial Auto Parts. I have spoken to the attorney filing the appeal and he seems to feel that the work will be done, thereby putting the yard in compliance before the appeal hearing. I explained to him that if this were done, the appeal would not be necessary, however, he still wanted a date set. I would recommend putting it on the first meeting in September, which would give time for notification, etc. Item NO. 5c - Contract/Barton-Ashman Enclosed is the Contract on the service for up-dating the City ordinances. Attached you will find a letter from Mr. Hawkins, citing some items to clarify. Mr. Hawkins was out of his office this week, so I have not been able to discuss the recommended changes with him. Item No. 5d - Resolution/Exclusive Use-Senior Citizen Center Attached is a resolution covering the useage of the building. The County has requested that the City adopt a resolution such as this granting "exclusive" use of the facility to the seniors. You will note I have excluded the portions of the building paid for with City Funds. Item No. 6a - City Hall Grading Plan The Plan was presented to the Park Board (See August 10 Minutes). Jim Schrantz has ordered a swing set to be placed on the site. He is on vacation this week, but will have a report for you. Item No. 6b - CIP Equipment Purchases This item is continued from previous meetings. Item No. 7 - Approval of Minutes June 10, 15, July 6, 14, 20, August 3 ~ o¿ ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 17, 1982 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on August 17, 1982, 7:31 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; Planning and Zoning Chairperson, d'Arcy Bosell; City Clerk, P. K. Lindquist; and others RES IDENT FORUM Al Sannerud, representing Stan Carlson, 680 Constance Boulevard - explained Mr. Carlson has a plastic molding fabricating shop at his residence. They are looking at obtaining a permit that might be agreeable to the Council to continue their business temporarily. Because of the business climate, if they were forced to close shop at this time, it would be devastating to the business. They have engaged a marketing expert to do the market research. So they are looking for consideration to continue doing the work in the existing location and asking for about a l2-month extension of time. Councilman Orttel explained Mr. Carlson called him, and he advised coming before the Council this evening. Apparently there was a complaint to the PCA on Mr. Carlson's business that rosin materials were being put on the property. Stan Carlson - explained the PCA supposedly received a complaint in November. An inspector came out with street shoes on in February when the snow was four feet deep. He stated he has a large duck pond with wild rice planted in it. If acetone was put on the 'property, it would destroy the wi ld rice crop, and he stated he is not about to do that. The progress on the product development has not happened as fast as they had hoped. For them to have to rent a building now would mean having to go out of business. The original request was for a variance to work on boats, but because of a back injury, he no longer works on boats. The existing building is 20x32 feet. The original request was for a 30x32-foot barn; but when the variance was denied, he made the building smaller. The Clerk stated a permit was issued for a temporary storage builidng. Counci lman Orttel stated Mr. Carlson has two parcels totalling five acres and was interested in the possibility of rezoning the property. Councilman Orttel stated he explained some of the problems involved with rezoning because of the type of uses, etc. He didn't know of any'provision in the ordinance to allow temporary continuation of the business. Chairman Bosell stated when the item came before the Planning Commission, they advised Mr. Carlson that the pole building could not be used for business, and Mr. Carlson stated at that time that it would not be used for a business. She felt the business is clearly outside what the ordinances allow. Council agreed to add the item to the Agenda. Gary Pertler, 16609 Zuni - asked about the assessment per lot in the 82-7 project. The Mayor ãdvìSe~that can be discussed under Item 4a. AGENDA APPROVAL Mayor Windschitl suggested the following additions to the Agenda: 4e, LMC Regional Meetings; 4f, Stanford Carlson/Resident Forum Item; 5b, Date/Junkyard License Revocation; 5b (1), Repeal Revocation of Rite Away; 5c, Contract/Barton-Aschman; 5d, Senior Citizen Center/Exclusive Use. Regular City Council Meeting August 17, 1982 - Minutes Page 2 (Agenda Approval, Continued) MOTION by Jacobson, Seconded by Peach, the Agenda as outlined by the Mayor. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, to suspend the rules. Motion carried unanimous ly. FINAL PLANS & SPECIFICATIONS - PROJECT 82-7 Bob Schunicht of Bonestroo, Rosene, Anderlik, and Associates reviewed the final plans and specifications for the project, noting the alternate bid requested for the area of Yakima, l66th, and Zuni to simply place three inches of asphalt on the existing base because what was once a problem has stablized. Bids will also be taken for concrete and bituminous driveway extensions from the mat further into the property which would be done at the options of the property owners. There is basically no major grade changes being made. No temporary easements will be needed. They have talked about thickening the edge rather than a reverse birm, which can be done easily and which has the same effect as a re'verse birm. Several questions were asked by affected residents as to the design of the road. Discussion noted that the residents cannot be reassessed for the road for the duration of the bond period. The contractor has a one-year warranty in which all problems would be corrected by the contractor. After that all repairs would be done by the City paid for from the General Funds. There is some culvert work bid in the project. As much of the existing culverts will be used as possible, although one or two may have to be added. Mr. Schrantz recommended a property owner would pay for a culvert under his driveway if such culvert is needed because the driveway obstructs drainage. Culverts used under the roadway to carry drainage would become part of the project cost. Mr. Schunicht stated bids would be opened August 31. They expect construction to begin the first part of September and be completed by November 15. Jim LaRock, 16558 Zuni - asked if it is up to the individual property owner to contract for the addTtìõnal tar in the driveway. And will the existing road be taken out and replaced with a base and bituminous? The engineers explained the project people will notify each property owner in advance to determine what they want done. If the driveway is not stable, the material would be dug out and replaced with an adequate base and finish. Work done to the property line can be placed with the assessment. Any work done on private property must be paid for by the property owner separately. Everything is going according to the time schedule originally prepared. Dean Li~s, 16631 Zuni - explained there are some houses near the stop sign on l65th and Zunl that do not have any ditch. Water comes across the road, and he gets a lot of their water. He wondered if a ditch will be put in there. The engineers explained how that problem will be solved. Discussion was then on the assessment questions of some residents. Gary Pertler, 16609 Zuni - stated the primary concern is what is used to determine the assessment per unit. Are the old plat records used or the legal descriptions registered with the County? There are some areas they are concerned that will not receive an assessment and they want to know why. Some of the questions were partially answered during the discussions prior to the meeting. If some lots are not buildable, he felt some restrictions should also be placed against them such as what Mr. Russell is doing to guarantee no development of the lots for at least ten years. He has two lots, but Mr. Russell only allowed him to buy the lots together stating the one is unbuildable. Those lots are recorded as one lot at the County. Regular City Council Meeting August 17, 1982 - Minutes Page 3 (Final Plans & Specifications - Project 82-7, Continued) Mayor Windschitl stated the units are based on the legal lots of record recorded at the County. The lot would have to be determined unbuildable from a soils condition or size condition to not be assessed. Discussion was then on the area off Maniteau. The Council generally felt there clearly is one buildable lot in that area, and possibly two depending on the requirements of the Scenic River zoning ordinance. Access to the field would still be maintained. Mr. Schrantz also reviewed the other questionable lots in the subdivision. The Clerk noted any parcels that had been entered into a purchase agreement prior to 1974 are considered legal lots, could receive building permits, and do not need a variance for size. Mr. Pertler's lot is legally recorded as one lot and would probably be recorded as one lot, because the City ordinances would not allow that lot to be split because of the size requirement. Discussion was that everything will be assessed with the exception of Mr. Pertler's lot and the question of whether one or two lots should be assessed off the end of Maniteau will be determined by the engineer. Mayor Windschitl stated he had received several suggestions for other ways to handle the assessment for l65th against Mr. Russell. Those suggestions were the possibility of trading off getting a park in the area versus the restriction against developing the property along l65th or to have Mr. Russell make a contribution in the amount of what the assessment would have been to the City for park development in the area at the time he would develop the property. Mr. Lips - sees so many parks being misused and would not like to have a park close to his house. When buying into an area, the park has already been set aside, so one can either buy next to or away from a park. A park would be fine, but to use it and control it is another matter. He stated he would not be in favor of it. Jim Sturgeon, 16555 Yakima - stated he called the Mayor last night. He felt the way the motion reads now, it opens up a lot of problems. If Mr. Russell signs the convenant, why don't others who own double lots have the same tight to sign a convenant not to build for at least ten years. He felt there are other options which weren't discussed at the last meeting. He stated an option would be to have Mr. Russell donate five or ten acres to have a nice park in the area; or when Mr. Russell does develop, money would be given to the City to be used in that area. He stated everyone will pay for l65th, but they get no return out of it. He questioned the legality of assessing them for something that does not benefit them. Mr. Hawkins stated whether or not an additional cost when added to the assessment for the road can be justified is a question of market value increase, which would need to be determined by an appraiser. The market value increase of the lot must equal the amount of the assessment. Mr. Sturgeon - stated then there could or could not be a problem with the assessment. He has talKed with real estate people, and there is some question as to whether the improvement of l65th does increase the value of the lots within the subdivision. The majority of the residents want 165th improved, but he would like some benefit for the money he is paying for it. He was not concerned whether Mr. Russell developed the property now or ten years from now; he would just like some benefit from it. Council discussion noted that if Mr. Russell decides to develop in ten years, parkland dedication would be required in the area. It was also noted that a majority of the people at the last meeting indicated a desire to have l65th improved and to have it paid for by those within the subdivision. Councilman Lachinski suggested Mr. Russell be approached with the concept of dedication of land or funds for park development at the time of developing his property. Councilman Orttel couldn't agree to requiring parkland and a development convenant. Councilman jacobson stated the option of dedicating parkland gives Mr. Russell a far greater advantage than what has already been talked about. Also, the public hearing was held and a decision made on the matter Regular City Council Meeting August 17, 1982 - Minutes Page 4 (Final Plans & Specifications - Project 82-7, Continued) and he is concerned that it be changed at this time. He felt it would be difficult to hold another hearing to discuss the options, and that ,most people felt the motion was reasonable and agreeable. Mr. Sturgeon - noted at the last meeting only a greater percentage of the people voted for the optlon of the subdivision paying for the improvement of l65th. 26 people voted for that option, but 26 others voted for one of the other options. The only clear thing that came out of that meeting was that all but four people wanted some kind of improvement on l65th and all but ten people wanted everything tarred. Councilman Lachinski stated after further consideration he felt the only way something else should be considered or approved is by petition of the people, assuming Mr. Russell would be agreeable. Discussion with some of the residents was that the Ag Preserve covenance requires a minimum of eight years' notice before it can be taken out of AgP, but that that notice could be given immediately after it is designated AgP. Councilman Jacobson stated a similiar project occurred in East Bethel where those within a subdivision paid for the road entering into it. That assessment was challenged, and the court ruled such assessments are legal. Council took no further action on the matter of the assessment of l65th. MOTION by Jacobson, Seconded by Peach, a Resolution approving Final Plans and Speclfications and ordering advertisement for bids for Project 82-7 for bituminous street improvement for the Russell/Stack Addition including all of l65th Avenue west of County Road No.7 as presented to the Council in written form. (See Resolution R75-82) Motion carried unanimously. AWARD CONTRACT - MSA STREET IMPROVEMENTS Mr. Schunicht reviewed the bids for the three MSA street improvements as per the BRA letter of August 16, 1982, recommending awarding the contract to the low bidder of Forest Lake Contracting for a total cost of $279,108.25. MOTION by Peach, Seconded by Jacobson, introducing a Resolution accepting bids and awardlng contract for the improvement of Project No. MSA82 for bituminous streets in the area of l57th Avenue, Prairie Road, and l73rd Lane as presented by the City Engineer. (See Resolution R76-82) Motion carried unanimously. TEMPORARY MOBILE HOME PERMIT - ANDERSON MOTION by Jacobson, Seconded by Lachinski, approving a temporary mobile home permit for a period not to exceed gO days at a location of Lot 10, Block 1, Barnes Rolling Oaks, with the provision that before a mobile home is occupied it must be connected to an installed septic system and well. Motion carried unanimously. LMC REGIONAL MEETINGS MOTION by Crttel, Seconded by Peach, that we authorize the City Clerk, Councilmembers, and City Engineer to attend the League of Minnesota Cities Conference meeting in the City of Maplewood at a cost not to exceed $9 per person. Motion carried unanimously. STANFORD CARLSON/RESIDENT FORUM ITEM Chairman Bosell stated Mr. Carlson came in for a variance to construct a building closer to the lot line than allowed by ordinance. The Planning Commission recommended approval; the Council denied the variance. The building was not yet constructed at that time. The use of that building was discussed, and Mr. Carlson was advised at that time that it could not be used for commercial purposes. It was to be a temporary storage building Regular City Council Meeting August 17, 1982 - Minutes Page 5 (Stanford Carlson I Resident Forum Item, Continued) to house his boat. As far as she can see, the use in the building at this time is clearly outside what the ordinances allow. The Clerk explained the building permit was issued for a temporary bui lding in December, 1980, for a 20x32-foot pole barn. It did not have to meet the requirements that are required for permanent storage. Council was generally unaware that such a permit existed. Council discussion with Mr. Sannerud and Mr. Carlson was on their request to allow continuation of the business for at least six months. Mr. Sannerud stated within that time period they should know whether they will be able to move the business or whether it will no longer be feasible to continue it at all. Mr. Carlson also explained the hazardous waste created from his business is collected, with not more than 20 gallons on hand at anyone time, then brought to companies for recycling. He stated he has talked with County officials about this matter. He has also applied to the PCA for a hazardous waste permit. He also stated this business is his sole source of income. He started the business about one year ago. The Council explained Mr. Carlson has the right to apply for a rezoning of the property, but stressed that the Council has taken a strong stand on such rezonings in the rural residential area. It has been extremely difficult to get such rezonings,in the past because of the allowed uses in such rezonings. Such a rezoning would also be contrary to the City's Comprehensive Development Plan, and that Plan would have to be amended if such a rezoning were allowed. It was also noted that the Council has no authority to provide an extension of time and that no such provisions exist in the ordinances for Mr. Carlson to continue his business at his residence. The enforcement of the ordinances rests with the City Attorney. The Clerk also explained she wrote Mr. Carlson on June 2 giving him 30 days to comply with City ordinances; however, that period was subsequently extended to gO days, which gives Mr. Carlson to September 2 before the Building ·Official would make his inspection. Council advised Mr. Sannerud and Mr. Carlson to discuss the matter with the City Attorney, as he is the one who would be enforcing the ordinances. Council also asked Mr. Sannerud if the City of Ham Lake, where he is on the Planning and Zoning Commission, has any provisions for allowing home businesses in residential areas. Mr. Sannerud stated they permit home occupations to go in because. of the economic conditions, but a home occupation permit and conditional use permit are required. It was suggested that Mr. Sannerud send Ham Lake's ordinances governing home occupations to the City Hall so the Planning and Zoning Commission may consider such permits within Andover recognizing that jobs and self-employment should not be discouraged or destroyed in today's job climate. Mr. Sannerud agreed to send this information to the City Hall. MOTION by Lachinski, Seconded by Ortte}, referring the idea of home occupations to the Planning and Zoning Commission for review and consideration in residential districts. Motion carried unanimously. APPROVE ELECTION JUDGES ----- Mayor Windschitl felt there should be two from each party for Chief Judge in each precinct to prevent any possible dispute about the election. The Clerk stated she tried to do that but was unable to do so for the primary election. The total number of judges in each precinct, including the Chief Judges, are equally divided by party des i gnati on. MOTION by Lachinski, Seconded by Jacobson, introducing a Resolution appointing judges for the primary election to be held on September 14, 1982, in the City of Andover as presented by the City Clerk. (See Resolution R77-82) Motion carried unanimously. Recess at 9:01; reconvene at 9:15 p.m. Regular City Council Meeting August 17, 1982 - Minutes Page 6 DATE/JUNKYARD LICENSE REVOCATION APPEALS/REPEAL REVOCATION OF RITE-AWAY LICENSE The Clerk stated the fence is now okay, another row of trees has been planted, and the vehicles have been removed in front of the yard at Rite-Away. So the yard is now in compliance with the ordinance. MOTION by Lachinski, Seconded by Orttel, to terminate revocation proceedings on the ]Unkyard license for Rite-Away Auto Parts at 1856 Bunker Lake Boulevard. DISCUSSION: Councilman Jacobson suggested some written documentation from the City Officials should be used as a basis for Council action. It was agreed to postpone action on this matter until that written documentation is received. Councilmen Orttel and Lachinski WITHDREW the Second and the Motion. Discussion was on the allowance of a chain-link fence with plastic strips as a screen. Mr. Schrantz and Ms. Lindquist both stated that such a fence is an acceptable screen according to the Building Inspector. MOTION by Jacobson, Seconded by Lachinski, per the request from Commercial Auto Parts at 13576 Jay Street for a formal hearing pursuant to City Ordinance No. 44, Section g, and that hearing be set for the first regularly scheduled meeting of the City Council in the month of September at 7:30 p.m., and those persons involved with Commercial Auto Parts and his legal counsel be informed of the hearing. Motion carried unanimously. Attorney Hawkins advised that the Resolution adopted reads revocation of a junkyard license shall remain in effect until the specific repairs are done. If that is done, the revocation is no longer in effect and the junkyard license would be reinstated. He will be proceeding with the prosecution of those yards not in compliance with the ordinance. The Clerk stated those yards should be inspected tomorrow and the Attorney will be advised to proceed against those yards not yet in compliance. Councilman Lachinski suggested the Council consider raising the junkyard license fees for next year based on the City's expenses relating to junkyards this past year. CONTRACT/BARTON-ASCHMAN Attorney Hawkins advised that the wording of the contract does not mean the City would receive a finished product for a maximum of $8,800. Chairman Bosell stated that at the interview, representatives of Barton-Aschman presented their proposal as having the entire project completed for that price, but that it could be even less if the City would do its own duplicating and some of the typing. Council generally felt the contract should indicate the completed project would not exceed $8,800. Because of the legality question of charging a City interest under Item f of the contract, the Council also asked that that provision be removed from the contract. MOTION by Jacobson, Seconded by Orttel, that we refer the matter of the agreement for professional services between the City and Barton-Aschman to the City Attorney for rewriting for submission to the Council for signature ana then to the consulting firm. Motion carried unanimously. SENIOR CITIZEN CENTER/EXCLUSIVE USE Council was generally concerned over the wording "exclusive use" of the Center by the senior citizens. The Clerk indicated this is the wording of the Federal and County officials. Regular City Council Meeting August 17, 1982 - Minutes Page 7 (Senior Citizen Center/Exclusive Use, Continued) MOTION by Jacobson, Seconded by Peach, a Resolution designating the Senior Citizen Center now under construction as being under the exclusive control of the Andover Senior Citizen Advisory Committee. First and Second "Whereas" :Iaragraphs stand. Third "Whereas" will read: WHEREAS Federal regulations controlling the use of Community Development Block Grant Funds require that such funds must be used for the purpose so designated; NDW THEREFORE BE IT RESOLVED by the City Council, City of Andover, to hereby designate that portion of the facility now under construction at 1685 Crosstown Boulevard NW in the City of Andover and known as the Senior Citizen Center for the exclusive control of the Andover Senior Citizen Advisory Committee. (See Resolution R78-82) Motion carried unanimously. CITY HALL GRADING PLAN Mr. Schrantz provided copies of the grading plan for the proposed City Hall park site explaining the Park Board's recommendation to complete the grading in stages. He stated he would be getting quotes to do the entire park at one time and then possibly reduce that to get a soccer field and ballfield finished this year. No action was required by the Council at this time. CIP EQUIPMENT PURCHASES I It was suggested the Fire Department have the specifications for the new truck by the next regu 1 aY' meeting. Council agreed to discuss capital purchases at the 'September 7 meeting. (Councilman Lachinski left the meeting at this time. 9:49 p.m.) STORM DRAINAGE/MEADOWOOD Mr. Schrantz explained the problem of the storm drainage in the city park which goes to the flood plain of the river. Mr. Kraable has told him it would take ap'proximately two days to do the repair for approximately $2,OOD. Mr. Schrantz felt the ~ntire problem could be repaired at a cost not to exceed $2,500. The funds are available from the various budget items. I MOTION by Orttel, Seconded by Jacobson, to authorize the City Engineer to correct the problem of the storm water outlet along the Rum River in the Meadowood Addition at a cost not to exceed $2,500. Motion carried on a 4-yes, l-absent (Lachinski) vote. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Orttel, to approve Checks 5166 through 5196 with the exception of 5172,which has been voided, in the amount of $9,697.34. Mot ion carried on a 4-yes, l-absent (Lachinski) vote. MOTION by Orttel, Seconded by Peach, to adjourn. Motion carried on a 4-yes, l-absent (Lachinski) vote. Meeting adjourned at 10:04 p.m. Respectfully submitted, '~~~~ Recording Secretary