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HomeMy WebLinkAboutCC October 19, 1982 ~ o¿ ANDOVER REGULAR CITY COUNCIL MEETING-OCTOBER 19, 1982 AGENDA 1 . Call to Order - 7:30 P.M. Special Presentation to Edward F. Fields, County Commissioner 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Northglen 3rd Addition/Preliminary Plat b. Cable Television-Hub Location c. Sign Permit/F. Padula d. Home Occupations e. Ordinance No. 57 Amendment/Agriculture Preserve f. Auditor's Billings g. Sludge Deposit-Landfill-Modification of Contours h. 5. Non-Discussion Items a. Set Date for Continued Hearing - Cefitràl;o Area Sewer b. Change Date-November 2nd Regular Meeting c. 6. Reports of Commissions, Committees, Staff 7. 8. Approval of Minutes 9. Approval of Claims 10. Adjournment - CITY 01 ANDOVER M E M 0 RAN DUM TO: MAYOR AND COUNCIL COPIES TO: ENGINEER, ATTORNEY, STAFF FROM: CITY CLERK/A. ADMINISTRATOR DATE: OCTOBER 13, 1982 REFERENCE: AGENDA INFORMATION - OCTOBER 19, 1982 Special Presentation to County Commissioner Edward F. Fields Item No. 3 - Agenda Approval Item No. 4a - Northglen 3rd Addition/Preliminary Plat Enclosed please find the Planning and Zoning Commission recommendation for approval of the replatting of Northglen II and amending the Special Use Permit to allow such replatting. You will note the majority of the lots now meet Ordinance 8 requirements. A resolution will be prepared granting approval of the Preliminary Plat as well as amending the Special Use Permit. Item No. 4b - Cable Television - Hub Location Jim Commers of Group W (Teleprompter) will be at the meeting with site plans for the proposed hub. They estimate requiring approximately 1 acre. The Council will have to determine the location of the property within the Community Center site. I would assume they would only be looking to a 15-year lease with option to renew. Item No. 4c - Sign Permit/F.Padula Attorney Hawkins has reviewed the permit and has determined that such· permit was not in the name of the applicant, therefore, making it void. A check in the amount of $15.00, as refund, is in the claims. Item No. 4d - Home Occupations The Planning and Zoning Commission was requested by the City Council to research the provisions in Ordinance 8 covering home occupations. As you can see from their recommendation, they do not feel a change should be made at this time, but rather when Ordinance No. 8 is revised. Agenda Information Meeting-October 19, 1982 Page 2 Item No. 4e - Ordinance No. 57-Ag Preserve Attached is the Planning and Zoning Commission recommendation and the proposed amendment allowing for AgP designation to those properties in the Urban Service Area which are not feasible for residential or commercial development. Item No. 4f - Auditor's Billings Mayor Windschitl has met with the Auditor; attached is a revised billing covering the additional work required. Item No. 4g - Sludge Storage-Landfill-Modification of Contours Mr. Roth is meeting with Anoka County today (10/13) , and is requesting permission to store an additional 50,000 ton of lime sludge to be used for cover on the landfill. This will require an amendment to his Special Use Permit. Before he proceeds with the request, he would like conceptual approval from the City Council. Anoka County fully endorses the use of lime sludge for cover on the landfill. Mr. Roth is also requesting approval to modify the contours from the original plans of the landfill. The County is recommending approval of the modifications contingent upon City approval. We should have full details on this by Tuesday evening. Item No. 5a - Set Date for Continued Hearing - Central Area Sewer On July 28, 1982, the City Council tabled action on proceeding with this project. TKDA was requested to perform some additional review with up-dated costs based on the several options available to the residents. The motion on 7/28/82 required that the continued hearing be held in December, with notices sent to the residents at least 30 days in advance of the meeting. Item No. 5b - Change Date-November 2 Regular Meeting Because of the election, we will not be able to have the Regular Meeting before 8:00 P.M. that evening and not at the City Hall. If the Council still wishes to meet on November 2, it will have to be at another location. We will have to canvass the City Election within 3 days fOllowing November 2, therefore, I would recommend having the Council Meeting on November 3 or November 4 and handle the canvass at the same time. Item No. 6 - Reports of Commissions, Committees, Staff Nothing received to-date. Item No. 7 - Approval of Minutes September 21, October 5. ~ o¿ ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 19, 1982 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on October 19, 1982, 7:3D 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 SPECIAL PRESENTATION TO EDWARD F. FIELDS, COUNTY COMMISSIONER Mayor Windschitl read the proclamation of Ed Fields' Day, reviewed Commissioner . Fields' background and significant accomplishments as a Commissioner, presented him with a Certificate of Appreciation, and thanked him for his years of service on behalf of the City of Andover. The other Councilmen, as well as Ms. Lindquist, Mr. Schrantz, and Chairman Bosell also expressed their appreciation to Commissioner Fields. Commissioner Fields thanked the City for their cooperation and for the recognition. Recess at 7:48; reconvene at 7:56 p.m. RESIDENT FORUM Councilman Orttel stated he has received a complaint of someone parking a semi truck on a residential street. It blocks traffic, and it is parked there again tonight. Mayor Windschitl stated he has talked with the Sheriff. A bulletin has been issued to the deputies and it should be given a ticket if it is parked overnight. After further discussion on the'problem, it was agreed to call the deputy during the recess tonight about the problem. The Mayor stated if the problem still is not resolved, he will talk with the Sheriff's Department again. AGENDA APPROVAL MOTION by Orttel, Seconded by Jacobson, that we approve the Agenda as written with the addition of 4h, Budget. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, that we suspend the rules. Motion carried unanimous ly. NORTHGLEN THIRD ADDITIDN/PRELIMINARY PLAT Chairman Bosell reviewed the Commission's recommendation to approve the amended preliminary plat of Northglen III Addition, explaining the background and the proposed changes. Discussion was on the question of whether or not the wording on the plat should reference it is a replatting of the area. John Peterson of Good Value Homes stated he would check with the surveyors of the County about the matter. MOTION by Orttel, Seconded by Peach, that we approve the Preliminary Plat of Northglen III Addition and approve the variance for the square footage of the lots being under 13,000 square feet, and note that the entire area of lots does average in excess of 13,000 square feet, and move that we also waive the park dedication fees in this parcel as they have already been paid in the past; and remove the areas known as Northglen Third Addition from the Special Use Permit that permitted the PUD on the balance of the property known as Northglen I Addition. (See Resolution R94-82) Motion carried unanimously. .-- Regular City Council Meeting October 19, 1982 - Minutes Page 2 CABLE TELEVISION - HUB LOCATION Gary Meyers, project coordinator for Group W, will be building the cable TV system for the Quad Cities of Andover, Anoka, Ramsey and Champlin. The system design is for one main building in Anoka to receive all satellite signals which will in turn be transmitted by microwave to a site in Andover. At that site would be a 100-foot tower and a building of approximately 20x20 feet or 20xlS feet that would house the electronics needed to receive the signals to distribute in Andover. He estimated the site would be approximately 244x20S feet. He requested the Council's opinion of housing such a hub somewhere on the City Hall site. If such a site would be available, it could be on a lS-year lease with an option to renew another 15 years. The one location he felt would be sufficient is just to the north of the Public Works Building, and he pointed out the location on a City Hall site map. Mr. Schrantz noted that the Public Works Department had intended to use that particular area for outside storage. Discussion was on other possible locations along the western edge of the property so as not to interfere with Public Works or park improvement plans. Mr. Meyers also explained their area would be fenced along the building and around the tower and that it would be a three-legged tower with single base. They would like to have the footings in before the ground freezes this winter. He also stated that the City's tower used for radio communications could be attached right on their tower. The Attorney felt that it would be legal for the City to rent the property as long as it is for public purpose, which the cable television would be; but the land would probably lose its tax-exempt status. Council felt that Mr. Meyers and Mr. Schrantz should meet to work out an acceptable location, as none of the Councilmen opposed the concept if something could be worked out with Public Works and with the tax wituation. If something can be worked out, Mr. Meyers could then apply for the special use permit for the tower. MOTION by Jacobson, Seconded by Lachinski, that we authorize the City Attorney to meet with representatives of Group W to discuss and bring to the Council terms for a lease for property on the City Hall site which would contain a television microwave tower and a building to accommodate the conversion equipment, and lease should also address taxes on the property which is leased. Motion carried unanimously. SIGN PERMIT/~ PADULA Attorney Hawkins stated the application indicates that JJ's Bottle Boutique was the owner of the property; but in reviewing the records, he has found that the property was owned by P & R Properties who was purchasing it by contract from Mr. Knoll. Therefore, it is his opinion that the application is not accurate and that the City is not obligated to honor the sign permit. Frank Padula - stated that JJ's and P & R Properties are one in the same. JJ's is a corporation and is one of the partners in P & R Properties. He explained when the permit was applied for, they didn't do the printing or typing of J&J's Bottle Boutique on the application. That was done by the City Staff, feeling they were responsible for filling out the application correctly. The permit was given in April, and he felt it was an error to tie the sign in with the special use permit for the liquor store. Mr. Padula felt they did everything legitimately; and though he hasn't talked to his legal counsel, he felt they were in the right to keep the sign up. The sign was taken down two weeks ago not because of the motion but because it was vandalized. He does not want his money back but wantslßput the sign back up. He also felt it was up to the Council to find out whether or not he had a permit for that sign before making the motion. He felt a mistake was made, and now the City should live with it, feeling the City is bèing unreasonable with businesses. Regular City Council Meeting October 19, 1982 - Minutes Page 3 (Sign Permit/F. Padula, Continued) Attorney Hawkins stated the permit was issued in error, and the other alternative is to allow the sign by variance. Mayor Windschitl noted the sign is down at this time so the special use permit for the coming year is in effect. If the Counci 1 is wanting to grant a variance for the placement of the sign on the same parcel, it must go through the Planning and Zoning first, as the Council has no authority to make that determination first., The Mayor also stated another question is a definition of a deli, as the special use permit does not allow food to be consumed on the premises. He asked if that means samples of cheeses and meats cannot be given at the deli, or pizzas, sandwiches, etc., warmed and eaten there. Councilman Peach stated if it gets too restrictive, there is also a lot of trouble with the Tom Thumbs and other stores that serve coffee and rolls, etc. It was his intent with the provision in the special use permit that it not be- come a restaurant unless the City looked at it as a restaurant. He didn't mean the provision applying to having a cup of coffee or tasting a piece of cheese in the deli. Councilman Jacobson felt that he would be allowed to serve samples of food but not to have tables and sand~liches eaten there. Mr. Padula stated every deli in the area has seating. He asked the difference between a deli and a restaurant. His intent was to have a store which serves sandwiches, with the main portion being take-out. A deli would have limited seating. Further discussion was postponed to allow the Attorney to research the difference between a restaurant and a deli. HOME OCCUPATIONS MOTION by Jacobson, Seconded by Lachinski, that the City Council agrees with the êonclusions of the Planning and Zoning Commission as to revision of the home occupations section of Ordinance 8, and we wait until Ordinance 8 is rewritten to make the changes. Motion carried unanimously. ORDINANCE NO. 57 AMENDMENT/AGRICULTURE PRESERVE Discussion was to clarify Section 4, (a) Intent. MOTION by Orttel, Seconded by Peach, an Ordinance No. S7A, an Ordinance amending TIrOTñãnce No. 57, known as the Agricultural Preservation Ordinance, whose intent is to allow the ag preserve district in the Municipal Urban Service Area boundary on properties which is determined by the City Council to be not feasible for residential, commercial, or industrial purposes because of soils or other geological conditions of the property; the rest of it as presented. Motion carried unanimously. SIGN PERMIT/F. PADULAL-CONTINUED Attorney Hawkins explained what the ordinances allow as special uses in LI Districts, and Mr. Padula's business falls within the definition of retail shopping. The Counci 1 can set the criteria within the range of uses allowed to begin with. There is no definition of restaurant in the ordinances. Mr. Padula - stated he does not want a restaurant, as he feels that involves waitresses, cooking on a stove, etc. He wants a delicatessen like they have at Soderquist's Super , Value in Soderville or Tom Thumb stores where people can sit at a table to drink coffee, eat a roll, etc. He stated a deli has to have all the facilities a restaurant has as far as plumbing, counter area, etc. He does not have a cook stove or commercial diswashing facilities as all food is served on disposables. The County says they are a grocery store, but they are no different than the deli.e5 in Anoka or Soderville. He didn't want to have to spend more money for another special use permit to allow tables and eating on the premises. Regular City Council Meeting October 19, 1982 - Minutes Page 4 (Sign Permit/F. Padula, Continued) Council felt that some definition should be provided so that each knows what can and cannot be done. Council asked Mr. Padula to bring in a written proposal as to the type of facilities available. It was felt a definition of a deli and restaurant is needed in the City's ordinance. Attorney Hawkins stated if the Council desires, the special use permit can be amended to allow eating on the premises based on the sewer capacity, the number of tables allowed, or serving capacity. Council took no action on the deli question, recommending Mr. Padula present a written request as to what he wants to do in the deli, the number of tables desired, etc. MOTION by Jacobson that the City Council return the $15 fee collected from Lloyd Reimann for a sign permit application on Lot 2, Block 4, Pine Hills; such return of such check based upon legal counsel for the City in a letter dated October 12, 1982, indicating that the applicant was not the owner of the property and the application is therefore void. Motion dies for lack of a Second. Attorney Hawkins stated normally an application issued in error is granted a variance by the City, but in this instance the application was incorrect. The fact that it was issued in error and that the application was incorrect can be used as a basis for denial of the validity of the permit. Also the fact that the sign is down and the application at this point in time is not prejudiced. Mr. Padula stated the sign is down for repair. He differed with the Attorney, feeling the application was not in error. Council discussion was on what course of action to take on the sign. MOTION by Lachinski, Seconded by Peach, that the matter of the Frank Padula sign permit for J & J's Bottle Boutique and Deli be referred to the Planning and Zoning Commission for consideration of a variance. VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschitl; NO-Jacobson Motion carried. Recess at 9:12; reconvene at 9:24 p.m. SLUDGE DEPOSIT - LANDFILL - MODIFICATION OF CONTOURS Ron Roth, owner of Waste Disposal Engineering Landfill in Andover, and Jerry Sunde, their engineer, were present. Mr. Roth asked that he be allowed to store an additional 50,000 tons of lime sludge material to be used to cover the landfill. They have discussed this with Anoka County, who advocates this type of material as cover on landfills. The material comes in a basically solid state from the waterworks department of Minneapolis and possibly from other municipalities. When it has dried, it is used as a terminal cover of the landfill. They are asking for an approximate l2-month arrangement. The Hanson Boulevard Extension, which runs past the landfill, will allow the material to come up that route rather than through the residential area. The sludge will be stored off the landfill site. The County requires City approval before they approve it. Mr. Sunde - stated as the material drys, it forms a crust on the surface because it has some cementing properties to it, and so there would be no problem with blowing dust as the material drys. The Clerk noted they have received no complaints from the Red Oaks area on this material. Mr. Roth - also explained that if the sludge is trenched, it doesn't dry; so it is placed about two-feet high and windrowed in, which is different from what they had originally planned. Councilman Jacobson noted the special use permit would have to be amended because it calls for trenching the material. Council asked that they present Regular City Council Meeting October 19, 1982 - Minutes Page 5 (Sludge Deposit - Landfill - Modification of Contours, Continued) a drawing of the plan on how the material would be placed for drying. There was no Council opposition on the concept for the storage of lime sludge. Mr. Roth and Mr. Sunde then explained the modification of contours of the landfill they are proposing, showing a drawing of the proposal. Basically the plan is to raise the contours on the eastern end of the landfill nearest to Hanson Boulevard Extension to direct drainage to a storm drainage pipe to the northeast. The reason for the drop pipe is to prevent erosion on the steeper banks along the nothern edge. The main criteria for this is so there will not be long-term maintenance on the slope. The sides of the landfill will not be raised any higher than the highest point and the increase in contours on this end will allow for more flexibility and potential end uses. This is a new technique that has been developed since the contours for this landfill were approved. This technique has been used successfully in other landfills. In further discussion, Mr. Roth noted no change is being proposed in the hazardous waste pit area. They have control over the amount coming into the landfill, but it is approximately 10,ODO yards a month. Council noted that with the increased contours, the length of the landfill would be extended for at least 9 to 11 months. Councilman Lachinski stated he could be in favor of allowing this change if it is recommended based on an engineering change. But if it is just to prolong the life of the landfill, then he is opposed to it. Councilman Jacobson agreed, stating in effect what this does is prolong the life of the 1 andfi 11. Mayor Windschitl also agreed that some engineering basis would be needed before he would favor this. Council asked Mr. Schrantz to review this further and make a report, hopefully for the next Council meeting. And the Council ~equested County representatives to be present the next time this item is discussed. CHANGE DATE - NOVEMBER 2 REGULAR MEETING MOTION by Orttel, Seconded by Jacobson, to set the Regular Council Meeting for the flrst meeting in November to November 4, Thursday, 7:30, at the City Hall instead of Tuesday because of the General Election. Motion carried unanimously. AUDITOR'S BILLING The Clerk explained she contacted the auditors in October last year to look at the books, and not one fund balanced. So they had to go back a year and literally redo all the books to find all the errors. This is the reason for the big bill. There were not many corrections in the ledgers themselves, but they arrived at the correct figures for the final balances. The mistakes made were between funds. The problem was a result of work done by the former bookkeeper with errors being made beginning in April, 1981. Mayor Windschitl stated the auditors had originally cut the bill back. He then met with them and told them the reasons why the bill was still too high and they agreed to reduce it to the present billing. The work was done, but he felt the work may have been done cheaper if the City had hired some part-time help to do it rather than have the auditors do it. The Clerk stated her problem was they did not come to the Council for approval for such a large amount. She wasn't aware of how much they would spend because a lot of work was done in their office. She was under the impression it would be in the area of $1,500 to $2,000. Regular City Council Meeting October 19, 1982 - Minutes Page 6 (Auditor's Billing, Continued) Council discussion was on whether the bill should be paid or whether further negotiations with the company should be pursued, whether the contract with the auditors should be examined to determine the City's liability in this instance, and what the breakdown is of the billing for reconciling and correcting the various funds. MOTION by Peach, Seconded by Jacobson, that the City Attorney be directed to examine the contract with George M. Hanson Company and report back at the next regularly scheduled meeting with reference to the revised billing, and request that a representa- tive from the George M. Hanson Company be present at that meeting also. Motion carried unanimously. 1983 BUDGET MOTION by Orttel, Seconded by Jacobson, that we carryover the budget deciding of the mlll levy until Wednesday, October 27. Motion carried unanimously. SET DATE FOR CONTINUED HEARING ~ENTRAL~REA ~WER MOTION by Orttel, Seconded~by Peach, that we set the Public Hearing for the Central Area Sewer continued hearing for December 2, 7:30 p.m., at the City Hall, and notify TKDA. VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Peach; PRESENT-Windschitl Motion carried. SENIOR CITIZEN CENTER CONSTRUCTION Mayor Windschitl reported he met with the firm of Bonestroo, Rosene, Anderlik and Associates relative to the engineering matters within the City, and expressed frustration over the delays in the construction of the Senior Citizen Center. He stated the only leverage the City would have is to talk to the bonding company. Council directed the Attorney to write a letter to the company explaining the delays, noting the City's intent to recover liquidated damages for any delays incurred in the project. APPROVAL OF CLAIMS MOTION by Peach, Seconded by Orttel, to approve Check No. 4594 for $67.87 to Dale Mashuga. Motion carried unanimously. MOTION by Peach, Seconded by Orttel, to approve Check No. 5812 for total of $4,936.80. VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Peach; PRESENT-Windschitl Motion carried. MOTION by Peach, Seconded by Jacobson, tbe approval of Checks 5779 through 5835 excluding 5812 and 5827 for a total of $51,228.80. Motion carried unanimously. MOTION by Peach, Seconded by Jacobson, to adjourn. Motion carried unanimously. Meeting adjourned at 10:44 p.m. Respectfully submitted, ~~~L Recording Secretary