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HomeMy WebLinkAboutCC September 7, 1982 , ANDOVER ~ o¿ REGULAR CITY COUNCIL MEETING-SEPTEMBER 7, 1982 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearing-C?mmercial Auto Parts License Revocation/Appeal 5. Discussion Items; a. Firearms Ordinance b. Bunker Lake Auto Sales/Special Use Permit c. Repeal of Revocation/RiteAway Auto Sales d. Good Value Homes/Replat Sketch Plan-Northglen I e. Minnesota Statutes, Chapter 564 - Subdivision Regulations f. 1983 Council Salaries g. Award Truck Bid h. Award Contract-Russell/Stack Addition i. Park Project j . Ag Preserve-Urban Area k. Enterprise Fund Budget 1. Capital Improvement Program m. 6. Non-Discussion Items í í a. Cigarette License - G-Will's Liquors -'Downtbwrt Dè11 b. Barton-Aschman Contract c. Budget Meeting Date d. School Attendance-Kevin Starr e. , 7. Reports of Commissions, Committees, Staff a. Resignation-Park Commission b. Volunteer Fire Department 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: ATTORNEY, STAFF FROM: CITY CLERK/A. ADM. DATE: SEPTEMBER 2. 1983 REFERENCE: AGENDA INFORMATION - SEPTEMBER 7, 1982 Item No. 3 - Agenda Approval Please add Item No. 6a (Cigarette License-Downtown Deli) and Item No.7b (Volunteer Fire Department). Item No. 4 - Public Hearing-Commercial Auto Parts The license for Commercial Auto Parts was revoked by the City Council for non-compliance with City Ordinance. An appeal was filed by the property owner. This hearing is for the purpose of determining if the Council was correct in revoking the license for the reasons given. Upon completion of the hearing, the Council must issue Findings of Fact, Conclusions of Law, and the Order. The City Attorney should be asked to prepare the necessary papers. Item No. Sa - Firearms Ordinance Enclosed please find the proposed ordinance as drafted by the Planning and Zoning Commission. The Firearms Committee has met on a regular basis since last fall doing the research and other steering work for this proposed ordinance. The committee consisted of a Planning and Zoning Commissioner and residents from both the rural area and urban area and persons both pro and against the discharge of firearms in the City. Item No. Sb - Bunker Lake Auto Sales/Special Use Permit Enclosed please find the Planning and Zoning Commission recommendation for approval. I would concur with that recommendation. Anoka Auto Wrecking, owner of the proposed sales lot, has cooperated with the City in all phases of their junkyard operation. Item No. Sc - Repeal of Revocation/RiteAway Auto Sales The property owner has planted the additional trees as required by City Ordinance. In addition he has cleaned up the abutting rental property. I have personally inspected the property on September 1 , 1982, and have found it to be in compliance. Some of the existing trees do not reach the full required height of 4', however, they are at least 3'and are planted closer together than the required 10' . It would be my recommendation to formally withdraw the revocation (the resolution by the Council for revocation, stated that the revocation would be in effect until the violations were Agenda Information Meeting-September 7, 1982 Page 2 Item No. 5c - Repeal of Revocation/RiteAway (continued) corrected.) The other yards for which revocations were issued have cleaned up considerably, however, all violations have not yet been corrected. Item No. 5d - Good Value Homes/Sketch Plan Good Value homes are requesting a replat for the 16 twinhome lots to 12 single family lots. These are located immediately behind the shopping center. You will note a variance would be required on the frontage(64') and the total lot area of 9,558 sq.ft. from the required 85'/13,000 square foot as shown in Ordinance 8. I did explain to Mr. Peterson that a PUP does not automatically allow for development of lots not in compliance with Ordinance 8, so would have to be viewed and approved the same as any other variance--however, this could be done at the same time, and a part of, the preliminary plat. This item is on the Planning and Zoning Commission agenda for September 14, therefore, conceptual approval is needed from the Council before the Commission proceeds with their review. Item No. 5e - Minnesota Statutes, Chapter 564/Subdivision Enclosed please find the Planning and Zoning Commission's recommendation for approval of adoption of a resolution covering the recording of such subdivisions that are in violation of City Ordinance and have not been acted upon by the municipality. In order to keep the resolutions short and similar in nature, I would recommend adoption of the same resolution, as prepared by Mr. Hawkins, and as adopted by the City of Lino Lakes. Item No. 5f - 1983 Council Salaries As you know, Council salaries have remained unchanged since 1976. If there is going to be a change for 1983, an ordinance must be adopted at this meeting. I have checked the Stanton report (see attached) and it appears the City of Andover is somewhat low for the number of meetings per month. Ramsey is $3600/$3000, Ham Lake is $2500/$2000, and Champlin is $2400/$1800, with Maple Grove at $4800/$3000. If the Council wishes to make a change effective January 1, 1983, an amendment to Ordinance No. 24 is required, i.e., No. 24B Item No. 5g - Award Truck Bid The bids were opened on August 31st. Attached is a memorandum from Jim Schrantz, recommending award to Superior Ford, Inc. This item will be paid for with 5-Yr. Certificates of Indebtedness. Attorney Hawkins is checking with the various banks, however, as yet I do not have a response from him on the interest rate. You will note in the 1983 Proposed Budget, an amount of $123,000 (per CIP) is covered. The additional monies after payment for the truck is to pay for the Fire Department vehicle. Item No. 5h - Award Contract-Russell/Stack Addition You have received correspondence from the City Engineer. You will note the bids are less than the estimate given the residents. A resolution will be prepared for award. Agenda Information Mee~ing - September 7, 1982 Page 3 Item No. 5i - Park Project Attached is a memorandum from Jim Schrantz covering the proposed City Hall project. The costs for such development will have to come from the Park Fund (present balance: $65,000). The monies for Kelsey Park land acquisition will come from the General Fund Budget. Item NO. 5j - Ag-Preserve/Urban Area Mayor Windschitl would like to discuss with the Council some ideas on letting certain portions of the urban area be classified as AgP. These would be areas that are totally peatground, etc. Item No. 5k - Enterprise Fund BUdget/1982 You have received a revised copy of the 1982 Proposed Budget, along with a memorandum from me covering the disposition of connection fees. As soon as this budget is adopted we can begin work on the 1983 Proposals. Item No.51 - Capital Improvement Program This item has been carried over from previous meetings. I have used the figures as recommended by the CIP Committee for 1983 budget purpOses. Item No. 6a - Cigarette Licenses G-Will's Liquors - Application has been made by Wm. Rademacher & Associates for the new liquor store, scheduled to be opened on September 15. Downtown Deli - This is for the deli being operated by Frank Padula on 161st Avenue N.W. Item No. 6b - Barton Ashman Contract Enclosed is a letter from Attorney Hawkins, setting out his recommendation. A new contract has been prepared incorporating these changes. A motion is needed authorizing the mayor and clerk to sign. Item No. 6c - Budget Meeting Date I have requested an extension in the date for levy certification from October 11 to November 5. Mayor Windschitl will be out of the Country for the rest of September, therefore, the first meeting will have to be after October 5. Item No. 6d - School Attendance-Kevin Starr Kevin is requesting approval to attend classes at North Hennepin on public works. He has been on vacation SO I do not have the material as yet. It will be available on Tuesday evening. A motion is needed allowing him to attend in order for him to receive tuition reimbursement after completion of the class. Agenda Information Meeting - September 7, 1982 Page 4 Item No. 7a - Park Board Resignation A motion is needed authorizing me to advertise for a new Commissioner to replace Jo Zillhardt. Item No. 7b - Volunteer Fire Department Attached is information from the Fire Department. Chief Stone and other volunteers will be present to discuss the truck specifications, paving the parking lot, base radio and private telephone. Item NO. 8 - Approval of Minutes June 10, June 15, July 6, July 14, July 20, July 28, August 3, August 17. ~ o¿ ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 7, 1982 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on September 7, 1982, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Orttel (arrived at 8:47 p.m.) and Peach (absent from 9:15 to 11:35 p.m.) Councilmen absent: None Also present: City Attorney, John Burke; City Engineer, James Schrantz; Planning and Zoning Chairperson, d'Arcy Bosell; City Clerk, P. K. Lindquist; and others RESIDENT FORUM Bob Palmer, 2540 l40th Avenue - wondered what has become of the rest of the traffic control talked about in Northwoods Addition. There has been cars speeding through the stop sign at l40th and Yukon lately. Council noted the matter was referred to the Sheriff's Department for a recommendation. It was agreed to ask them to look into this matter again and possibly patrol that area more closely. AGENDA APPROVAL Mayor Windschitl suggested the following additions: Item 6a, Cigarette License - Downtown Deli; 7b, Volunteer Fire Department; 6e, Cable Ordinance Summary; and 6f, Salary/Election Judges. MOTION by Jacobson, Seconded by Lachinski, the Agenda be approved with the amendments mentioned by the Mayor. Motion carried on a 4-Yes, l-Absent (Orttel) vote. MOTION by Jacobson, Seconded by Lachinski, to suspend the rules. Motion carried on a 4-Yes, l-Absent (Orttel) vote. PUBLIC HEARING - COMMERCIAL AUTO PARTS LICENSE REVOCATION/APPEAL Irving Shaw, Attorney representing Charles Mistelske of Commercial Auto Parts, reviewed the condltions cited in the Council resolution which needed correction, that being the irregular height along the front, numerous vehicles in need of repairs being stored outside the fenced area and trees not planted in accordance with Ordinance No. 44F. He then presented the Council pictures taken on Friday of the work done to date showing standing cars in need of repair will be stored within a cyclone fence. The fence is up, but blue metal slats have been ordered from New York which will be fitted into the fence so it will be completely enclosed. However, those slats will not arrive until approximately this Thursday. They will be installed as soon as they arrive. The fence will then match the building. A gate will be installed between the two buildings, but they haven't had time to finish that part yet. There was also pictures showing where the trees had been planted and where the junk in front of the building had been c leaned up. Mr. Shaw also showed bills for the material used to do the work to correct the conditions cited in the Resolution. They would be willing to make whatever other corrections the Council would require. The Clerk testified she inspected the premises last Wednesday, stating at that time the front had been cleaned up and the gate was not in but the fence was up. But the trees were not planted the day she was there. Mr. Shaw stated eight-foot trees were planted within the ten-foot spacing requirement of the ordinance. Council agreed to continue the public hearing to the next regular Council meeting which would allow Mr. Mistelski to complete all the work and would allow the City officials to do a final inspection on the premises. Mr. Shaw stated all the work will be completed by that time. ~ - Regular City Council Meeting September 7, 1982 - Minutes Page 2 (Public Hearing - Commercial Auto Parts License Revocation/Appeal, Continued) MOTION by Peach, Seconded by Jacobson, to continue the public hearing on Commercial Auto Parts license revocation appeal until the second regularly scheduled meeting in September because of incompletion of required elements of the ordinance. Motion carried on a 4-Yes, l-Absent (Orttel) vote. FIREARMS ORDINANCE Chairman Bosell reviewed-the events which precipitated the Committee to revise the firearms ordinance, noting Maynard Apel and then Jim Elling of the:Planning Commission, plus several residents, worked for the last seven months developing the finished product. The Planning Commission has recommended the City Council adopt the ordinance as presented. Discussion was on clarifyin9 the lan9uage in Section II, b, Items 1 through 4 to specifically outline under what circumstances firearms or bow and arrows can be discharged. Mayor Windschitl felt that as written, under Item 3, which addresses persons from outside the City hunting in Andover, no minimum acreage requirement is needed. He also asked if Item 4 was designed for an acreage restriction or could it be done on less than ten-acre parcels. Mr. Elling stated the intent is the property must be ten acres or more in size before the discharge of firearms or b-)w and arrows would be allowed for recredtional target shooting. Di scuss ion was on s(!ver,1I sugges- tions made to clarify the sections. It was suggested that Item 4 be allowed on five acres or more; another suggestion was to allow recreational target shooting of firearms on ten acres or more and allow such shooting of bow and arrows on five acres or more; and still another suggestion was to require a minimum of ten acres for recreational target shooting of firearms and bow and arrows. Mr. Burke suggested Item 3 read: No person shall discharge any firearm or bow and arrow upon the property of another person in an allowed area of ten acres or more in size without written permission of the owner or lessee. Mr. Burke felt similiar language could be added to Item 4 depending on the consensus of the Council of five or ten acres. Discussion continued as to whether Item 4 should be restricted to a minimum of five or ten acre parcels. Paul Peterson, 929 Crosstown Bouelvard - felt rather than dealing with acreage, that Slnce no discharge is allowed within 500 feet of any residence, use the amount of area involved in a 500-foot radius around a residence. If it is safe to shoot within 500 feet of a residence, he felt that figure should be used to determine the radius for recreational target shooting rather than in terms of acreage. Discussion noted that SOO-foot radius would be approximately 5.7 acres. Councilman Jacobson indicated a desire to see recreational target shooting for both firearms and bow and arrows on property of ten acres or more in size. Councilman Peach stated he would like to see this section be five acres or more in size. Councilman Lachinski thought five acres would be acceptable; but after further discussion, he tended to side with the Planning Commission's and the Committee's recommendation to require ten acres or more in size for recretional target shooting. Mayor Windschitl felt ten acres should be applicable in this provision. Discussion was then on the wording "within a platted area" in Section II, a), noting there are also metes and bounds and Registered Land Survey development within the City which would not come under "platted area". Pat Mann, 16757 Argon - does not own any firearms or bow and arrows, and does not even shoot squirrels with a sling shot; however, he feels his neighbor has a right, on his property, to own and shoot a gun, bow and arrow, etc., as long as it stays on his property. He felt it is wrong to tell anyone that that cannot be done. Regular City Council Meeting September 7, 1982 - Minutes Page 3 (Firearms Ordinance, Continued) Councilman Peach stated he discussed the ordinance with Frank Schoonover, who was on the committee. He has agreed to propose another section to the ordinance stating that no part of the ordinance is intended to abridge the Constitutional right to keep and bear arms, that this is simply a discharge of firearms and bow and arrows ordinance. Mayor Windschitl also reviewed the difficulties at the beginning of last year with the discharge of firearms, particularly in the urban service area. Council agreed to take the reference to platted areas out of Section II, a) and to have Item 4 be applicable in property of ten acres or more in size. MOTION by Jacobson, Seconded by Lachinski, an Ordinance regulating the discharge of flrearms and bow and arrows within the City of Andover and repealing Ordinances 12, 12A, l2B, and 12C, as presented by the Planning and Zoning Commission with the following changes: Under Section II, b), 3), should read "No person shall discharge any firearm or bow and arrow upon the property of another person in the allowed area of ten acres or more in size without written permission of the owner or lessee." In Section II, b), 4), Recreational target shooting in the allowed area of ten acres or more in size .., complete with wording as presented; in Section II, a), reading "No person sha 11 di scharge a firearm or bow and arrow"... de lete "withi nap 1 atted area or"...continue on "within 500 feet of any residence." AMENDMENT TO MOTION by Peach, Seconded by Windschitl, an amendment to the ordinance adding Section VI. No part of this ordinance is intended to abridge the Constitutional right to keep and bear arms. DISCUSSION: Mr. Burke stated the amendment is an intent and doesn't have any legal affect on the ordinance other than some local clarification. So he saw nothing wrong with the amendment, but perhaps it might be just as appropriate under Section IV, d). Mayor Windschitl WITHDREW the Second. AMENDMENT TO MOTION by Peach, Seconded by Lachinski, to introduce the motion as a second sentence to Section II, d). VOTE ON AMENDMENT: YES-Lachinski, Peach, Windschitl; NO-Jacobson; ABSENT-Orttel. Amendment carried. VOTE ON MOT! ON: Carried on a 4-Yes, l-Absent (Orttel) vote. BUNKER LAKE AUTO SALES/SPECIAL USE PERMIT Chairman Bosell reviewed the Planning Commission's recommendation to approve the special use permit for Bunker Lake Auto Sales. She also explained that the owner had advertised and put cars out for sale prior to the action on the special use permit; but as soon as they were notified in writing by the City that they were in violation, they immediately withdrew the vehicles. The permit is contingent upon meeting the Ordinance 8, Section 8.08, a, parking requirements; and they will be meeting with the Building Inspector on this matter. It is also suggested the permit be on a one- year renewal basis. Discussion was on the site plan for the proposed Bunker Lake Used Auto Sales as it relates to the proposed parking area. The drawing suggests the proposed parking will go beyond the property line onto Bunker Lake Bouelvard, and the Council agreed the drawing should be corrected to show proposed parking only to the property line. Chairman Bosell also noted that the owners have withdrawn the request for a sales trailer on the site and will be using a portion of the existing building for the sales office. Regular City Council Meeting September 7, 1982 - Minutes Page 4 (Bunker Lake Auto Sales/Special Use Permit, Continued) Discussion also addressed those items relating to the Andover Auto Wrecking license renewal; however, it was generally felt those issues should be dealt with separately from this permit. One issue was whether or not the Council would require planting trees in front of the fence where the used auto sales lot is proposed. Mrs. Jellison - stated there is no dispute as to the planting of the trees, as they are will1ng to do whatever and plant trees wherever the Council asks. The area for the sales is not blacktopped, and they would like to ask for one year to blacktop if if they could. The general consensus of the Council was not to require the planting of trees in front of the fence where the proposed used auto sales lot is located. Discussion was the ordinance requires a dust-free water-proofed surface. Council didn't feel Class 5 surface would qualify. Discussion was tabled temporarily to allow the Attorney to review the ordinance relative to parking lot requirements. The item was taken up again later in the meeting. REPEAL OF REVOCATION/RITEAWAY AUTO SALES The Clerk testified all the requirements of the junkyard ordinance have been met. Some of the trees planted are not quite four feet tall. Councilman Jacobson felt that all the trees should meet the standard set forth in the ordinance. The Clerk replied the newly planted ones are four feet; those planted previously are approxi- mately 3~ feet tall. MOTION by Peach that the resolution revoking the Rite Away Auto Sales Junkyard License be removed. Motion dies for lack of a Second. MOTION by Lachinski, Seconded by Peach, to repeal the revocation of the Junkyard License for Rite Away Auto Sales based upon current compliance with the ordinance. VOTE ON MOTION: YES-Lachinski, Peach, Windschitl; NO-Jacobson; ABSENT-Orttel Motion carried. GOOD VALUE HOMES/REPLAT SKETCH PLAN - NORTHGLEN I The Clerk noted that Mr. Peterson of Good Value Homes stated he would be here this evening. Because of the concerned residents in the audience, Council discussed the matter at this time. (Note - It was discussed again later in the evening when Mr. Peterson did arrive.) Mayor Windschitl reviewed the request to replat Northglen Lots 1-16 in Block 2 from 16 twin homes to 12 single family detached homes. The lots would be 64 feet wide, even though the ordinance requires a minimum of 8S-foot wide lots. He also noted with a 64-foot width and following the City's sideyard requirements, the maximum width of a house would be 44 feet. Council discussion was a preference to see single-family lots but that the lots meet the minimum 8S-foot width requirements of the City., (Councilman Orttel arrived at this time. 8:47 p.m.) Councilman Peach noted that John Sather, who adjoins one of the proposed lots on l39th, called him this evening stating the desire to see single-family homes but that the 64- foot lots are too small. Jim (?~ ,3476 l39th Lane - wasn't told there would be twin homes in that area when he move in. He wouldn't object to the single-family homes if they were on 8S-foot lots; but he was opposed to the 64-foot lots because they are not wide enough to place homes and still meet the sideyard setback requirements. He also felt it would devalue their property. Regular City Council Meeting September 7, 1982 - Minutes Page 5 (Good Value Homes/Replat Sketch Plan - Northglen I, Continued) Bob LeRoy, 3504 139th Lane- felt they were all in concurrence with the single family homes being more desirable than the twin homes; however, he too felt the 64-foot lot versus the 85-foot lots are not desirable because of the impact they would have on the area. He felt generally Good Value has done a good job of mixing up the houses and making it a nice area. But he felt this would have a detrimental impact to that area and to Good Value. Council discussion noted 85-foot lots would amount to approximately nine lots. Council again stated a preference for single-family lots, but the lot width requirements of the ordinance of 85 feet should be maintained. AWARD CONTRACT - RUSSELL/STACK ADDITION Mr. Schrantz explained the low bid is from U. D. Contracting for $133,375.27. Glen Cook of Bonestroo has recommended awarding the bid to the lowest bidder. However, because of the problems with the contractor in the past with cleanup and timely completion, he recommended additional project supervision for an increased cost of $4,500'. Because of the ten percent difference between the low and second bidder, it would still remain the low bid even with the increased project supervision costs. The new total project cost is estimated at $186,400, which amounts to $2,390 per unit assuming 78 lots in the project. The exact number of lots will be determined when the assessment roll is prepared. Mr. Schrantz estimated the assessment roll will be prepared October 5, notices sent to the residents about October 15, with the assessment hearing held the end of October. Mike (1) , 16604 Yakima - asked who the contract will be awarded to. (U. D. Contracting.) Gary Pertler, 16609 Zuni - asked what the process will be to determine how many lots and who makes that determination. (Mayor Windschitl explained the City Engineer and consulting engineers will prepare the assessment roll. It will be based on lots of record as recorded with the county. There is also one parcel by the river that the engineers will need to look at and determine if there are two buildable lots. The assessment for the other parcels have already been resolved. Any disputes about lots would be resolved at the assessment hearing. Mr. Schrantz stated their goal is to have the blacktop put on by October 15, as that is their agreement with the contractor, which is the same time notices would be sent out for the assessment hearing. Council noted the assessment roll will be based on estimates, but there is a procedure for a supplemental hearing if the final costs are lower or higher than estimated. If the project is not assessed this year, one year's capitalized interest would be added to the cost of the project, thereby increasing the project cost.) 1 ,5152 l62nd Lane; Dave Peterson, 16732 ~r6on, and Dean Lips, 16631 Zuni, as e questlons re atTñg-rõ whether the costs-ëõùl ~more than what is being estimated this evening, whether the additional supervision of this contractor adds to the project cost, and whether the contractor has been used before. (Discussion noted the costs could be higher or lower depending on such variable factors as cut or fill work, bad soils, etc., but any substantial increase in cost would be controlled by the Council via approval of change orders to the project. It is not expected there will be any problems in this project. The preference is to have the project completed prior to the assessment so the actual costs are known, but in this instance it is to the residents' advantage to use estimated figures rather than carrying the capitalized interest for a year. The additional supervision that may be required with this contractor is estimated at $4,500, although Mr. Schrantz didn't feel it would be that much. Mr. Schrantz stated this contractor has not been used in Andover before; but he is currently working in Spring Lake Park, Ramsey, and Maple Grove. U. D. appears to have the best price for gravel, which is why he has the lowest bid. Mr. Schrantz Regular City Council Meeting September 7, 1982 - Minutes Page 6 (Award Contract - Russell/Stack Addition, Continued) didn't believe the concerns of the contractor were serious enough to warrant awarding the bid to the next higher bidder. He has had a meeting with the contractor, and the contractor is concerned about his reputation and has promised to put the blacktop on by October 15.) Ron Rehmann, 16350 Argon - asked what are the penalties if the deadline is not met. (Mr. Schrantz explained the requirement of posting a bond and the payment of liquidated damages.) Mr. Petler - asked the reason why the exact number of lots in this project has not yet been determined. He would like to know the exact number. (Mr. Schrantz stated he has not worked on it until the project is awarded. Once it is known the project will proceed, the number of lots will be determined and the assessment rolls prepared. The engineers will have to look at the site to make the one determination.) MOTION by Jacobson, Seconded by Orttel, that we accept the bid of U. D. Contracting of 8rooklyn Park, Minnesota, for project known as the Russell/Stack Addition and l65th Avenue, known as Andover Project No. 82-7, U. D. Contracting being $133,375.27; and noting other bids for Akona Paving, Inc., $146,101; Hardrives, Inc., $149,385.40; Forest Lake Contracting, $158,860; Northern Asphalt Construction, $213,207.60; and authorize the Clerk and Mayor to enter into a contract with U. D. Contracting to perform the work and retain the bonds for Akona Paving, Inc., until ¡tis determined that U. D. Contracting can successfully complete the work; and authorize the firm of Bonestroo, Rosene, and Anderlik to prepare the assessment rolls necessary. (See Resolution R7S-2) Motion carried unanimously. BUNKER LAKE AUTO SALES/SPECIAL USE PERMIT, CONTINUED The Clerk reviewed Ordinance 8, Section 8.D8 as to the parking lot requirement of durable, dustfree, water-sealed, and approved by the City Engineer. The Attorney advised that the question of the parking surface of the junkyard portion of the business be addressed separately from the parking area for the auto sales lot. The Mayor suggested addressing the surfacing of the junkyard business at the next regular meeting. MOTION by Jacobson, Seconded by Lachinski, approval of the Special Use Permit requested by Mr. Calvin Jellison doing business as Bunker Lake Auto Sales at 1656 Bunker Lake Boulevard to operate a used car sales business for the reasons given by the Planning and Zoning Commission on their letter dated August 24, subject to the following pro- visions: 1) that a satisfactory agreement be reached between the Andover Building Official and the applicant as to a suitable parking surface for the proposed auto sales lot and its adjacent proposed parking area as outlined and required in Ordinance 8; 2) subject to a map attached to the Andover Agenda Item Sb, dated 9-7-82, such map would be deleted to show any parking area south of the property line of the proposed applicant; and also the deletion from the map of the proposed 18 x 8 sales trailer for said auto sales lot. (See Resolution R76-82) VOTE ON MOTION: YES-Jacobson, Lachinski, Peach, Windschitl; PRESENT-Orttel, as he was not in attendance during the initial discussion of the item. Motion carried. (Councilman Peach left the meeting at this time. 9:15 p.m.) Bob Pearson, attorney representing the Jellisons - asked if it is the Council's intent to require surfacing of the entire area where automobiles for sale are parked as well as the customer parking area. (Yes.) Regular City Council Meeting September 7, 1982 - Minutes Page 7 (Bunker Lake Auto Sales/Special Use Permit, Continued) Mr. Pearson - stated it is easy to do that with few cars on display, but with more cars on dlsplay, the area becomes larger. He asked if it is possible to compromise the amount surfaced at this time and added onto after one year's time. (Council noted the motion addresses the customer parking and used auto sales lot area only, not the existing parking area for the junkyard business. The purpose of the one- year review is to be able to deal with any problems that may arise in that time.) Mr. Pearson - noted it is expensive and they are willing to work with the Building Inspector. It is a matter of economics. He also noted that it would not be a high- volume traffic area, and they are dealing primarily with the rear portion of the lot where cars are standing. (Discussion was also on whether or not the use of shingles as a parking surface meets the ordinance requirements, noting that should be discussed further with the Building Official and City Engineer.) Mr. Pearson - asked if it were possible for the Jellison's to begin operation lmmedlately as long as they are working with the Building Official on the parking requirements. (Council generally had no problem with that request.) Recess at 9:24; reconvene at9:46 p.m. AG PRESERVE - URBAN AREA Council had discussed the proposal of allowing the Agricultural Preserve zoning designation in the urban service area when the Ag Preserve Ordinance was addressed; and at that time it was agreed that such zoning would not be allowed in the urban area until the Capital Improvements Program with the program for the extension of the public utilities was finalized. Mayor Windschitl proposed a method of allowing the AgP zoning in the urban area of certain parcels. He suggested a policy where all parcels in the urban area to be included in the AgP district must be determined by the City Council to be unbuildable for residential, commercial, or industrial purposes. Discussion was on the procedure to allow the AgP zoning in the urban area as to whether it simply require a Council motion or the AgP ordinance must be amended. Discussion was tabled to allow the Attorney to review the ordinance and make a recommendation. AWARD TRUCK BID Mr. Schrantz reviewed his September 3, 1982, memo to award the truck plow, wing, and sander bid. He is hoping the truck would arrive for this winter season. The bid includes everything needed on the truck except for a radio. With the addition of this vehicle, something will have to be left outside of the public works building. He would like to keep the old vehicle operational to use for sanding. When discussing the financing of the truck, the Clerk was directed to have the Attorney research bonding rates for a combined bond of the truck and Fire Department truck and for separate bonds for those vehicles. Councilman Orttel suggested establishing a sinking fund for the replacement of this equipment rather than having to depend upon bonding for all equipment purchases. He felt it is more indicative of what the mill rate is in general revenue instead of bonding and having to overlevy, although the end result is the same. The Clerk felt the City almost has to operate on an over-levy basis because the mill rate is so low. No decision was made on this suggestion, as it is more of a budgetary item. MOTION by Lachinski, Seconded by Orttel, acknowledging bids for the L 8000 Ford snow plow truck with wing and sander from Boyer Ford Trucks, Superior Ford, Art Goebel Ford, Chesla Tate Country, Inc., International Harvestor Company; and award the bid to Superior Ford in the amount of $45,591 being low bidder. Motion carried on a 4-Yes, l-Absent (Peach) vote. Regular City Council Meeting September 7, 1982 - Minutes Page 8 AGRICULTURAL PRESERVE/URBAN AREA, CONTINUED It was Mr. Burke's opinion that a public hearing would need to be held and the ordinance amended to include property inside the MUSA area as being Agricultural Preserve. MOTION by Orttel, Seconded by Jacobson, that we refer the issue of the Ag Preserve in the MUSA area to the Planning Commission for a holding of a public hearing at the earliest possible time. Motion carried on a 4-Yes, l-Absent (Peach) vote. PARK PROJECT Mr. Schrantz reviewed the plans and specifications for Phase I for the City Hall park, estimating the cost would be $36,000. He will present this to the Park Board for approval at their next meeting. When discussing the financing of this improvement, Mr. Schrantz noted the funds for the Kelsey Park acquisition are in the general budget, a~d this project will be coming from the park dedication fees fund. Council was in general agreement with the plans presented. MINNESOTA STATUTES, CHAPTER 564 - SUBDIVISION REGULATIONS MOTION by Jacobson, Seconded by Lachinski, that the City of Andover adopt a Resolution electlng to be governed by the provisions of Chapter 564 of the Laws of 1982 relating to the certification of transfers of certain unplatted properties as presented by the City Attorney with the exception wherever the City of Lino Lakes is mentioned, the City of Andover should be inserted, changing the name of the Secretary and Mayor and the date. (See Resolution R78-82) Motion carried on a 4-Yes, l-Absent (Peach) vote. BARTON-ASCHMAN CONTRACT MOTION by Lachinski, Seconded by Orttel, authorizing the Mayor and Clerk to enter into a contract with Barton-Aschman in the amount not to exceed $8,800 contingent to the modifications to the contract as proposed by the City Attorney. Motion carried on a 4-Yes, l-Absent (Peach) vote. VOLUNTEER FIRE DEPARTMENT Members of the Fire Department present were Tom May, Chief Frank Stone, Roger Noyes, Bill Bush, and Ray Sowada. Mr. May reviewed the specifications for a new fire tanker truck, estimating a cost of $80,000 to $100,000. Councilman Jacobson was concerned that the specifications are so specific it may eliminate some companies from the bidding. Mr. May noted that the specifications are standard names for those items and that substitutions or deviations are allowed, but the bidder must provide the numbers and their specifications in the bid for any equivalent item. It was felt the disclaimer of substitutions, deviations, or exceptions from the specifi- cations to be clearly set forth should also be included in the specifications for the automotive fire apparatus. Chief Stone stated this will be an additional truck and there is one stall left in the fire station to house it. He also stated this is the complete truck and no additional items will be needed for it. Council also felt that a reasonable date for delivery should be specified. MOTION by Orttel, Seconded by Lachinski, that we authorize the Fire Department to advertise for bids on a new fire tanker truck with the inclusion of a substitute materials section in the second section of the specifications, and also the inclusion of a delivery date section in the bids. Motion carried on a 4-Yes, l-Absent (Peach) vote. Regular City Council Meeting September 7, 1982 - Minutes Page 9 (Volunteer Fire Department, Continued) Mr. Schrantz reviewed his September 3, 1982, memo on a proposal for paving the Public Services Building parking lot. H & S Blacktopping quoted a cost of $7,300. There are funds available in the budget for the fire station portion, but not enough funds under public works capital outlay improvements. Mr. Schrantz explained there are funds available under other items which could be used to cover the public works' share. The blacktop would be two inches thick, and he felt there is an adequate base on it at this time. Council questioned the costs to place four inches of concrete in lieu of bituminous, especially in front of the fire department. Discussion was also on the funding of the public works' portion of this proposal, questioning specifically what budget line items would be affected and expressed concern that special projects have enough funds to cover any other problems that may occur. Mr. Schrantz stated the only other special project he is aware of is a problem on the intersection of l78th and Quay. He also stated that some money from streets will probably have to be moved to snow and ice removal for this winter. Council questioned whether just the fire department side could be blacktopped at this time, since public works does not have the funds for this item. Councilman Jacobson was concerned about the project being done just because funds are available in the budget. He felt possibly these funds could be carried over to next year for some other worthwhile project. Others noted this is something the fire department has wanted for some time. Mr. Stone noted that it would benefit public works to have the parking lot paved as well because many times when they are working on equipffient, tools are lost in the gravel. Council directed the Engineer to present a specific breakdown of where the money would come from for the public works' portion. It was suggested the gravel roads recommended for improvement this year be added to the next regular Agenda for Council action. MOTION by Lachinski, Seconded by Orttel, authorizing the City Engineer to take quotations for paving the public services building parking lot as proposed by the City Engineer at a cost not to exceed $7,000. VOTE ON MOTION: YES-Lachinski, Orttel, Windschitl; ABSTAIN-Jacobson; ABSENT-Peach Motion carried. Chief Stone asked that a private line with unlisted number be put to the Fire Station so that the families of those at the Station in the evenings can call in without going through the City Hall line. He also noted there is only one line at the present time for the three phones in the Fire Department and three phones in Public Works. After discussion, Council agreed to have Chief Stone check into the costs of installa- tion and monthly charges for such a private telephone line. Chief Stone also asked for authorization to obtain prices for a base radio. MOTION by Orttel, Seconded by Lachinski, that we authorize the Fire Chief to solicit bids for a base radio system. Motion carried on a 4-Yes, l-Absent (Peach) vote. Chief Stone also reported that a $200 donation has been received from residents whose lives had been saved by the Rescue Squad several months ago; and a large crate of fruit and candy was received from the family on l3Sth in appreciation for the Fire Department's response to their house fire several weeks ago. CIGARETTE LICENSE - G-WILL'S LIQUORS/DOWNTOWN DELl MOTION by Lachinski, Seconded by Orttel, to approve a cigarette license for G-Will Liquors which would expire December 31, 1982. VOTE ON MOTION: YES-Lachinski, Orttel, Windschitl; ABSTAIN-Jacobson; ABSENT-Peach Motion carried. Regular City Council Meeting September 7, 1982 - Minutes Page 10 (Cigarette Licenses, Continued) MOTION by Lachinski, Seconded by Orttel, to approve the Cigarette License for Downtown Dell which would expire December 31, 1982. VOTE ON MOT! ON: YES-Lachinski, Orttel, Windschitl; ABSTAIN-Jacobson; ABSENT-Peach Motion carried. CABLE ORDINANCE SUMMARY MOTION by Orttel, Seconded by Lachinski, that we approve the summary form of the Cable TV Ordinance and authorize the Mayor and Clerk to sign the same. Motion carried on a 4-Yes, l-Absent (Peach) vote. SALARIES - ELECTION JUDGES MOTION by Orttel, Seconded by Jacobson, that we approve the salaries of the election judges as presented by the City Clerk, that being $4.50 an hour for Chief Judge; $4.25 an hour for Assistant Chief Judges; and $4 an hour for Judges. Mot i on carr i ed on a 4-Yes, l-Absent (Peach) vote. BUDGET MEETING DATE MOTION by Jacobson, Seconded by Lachinski, that we hold a preliminary budget meeting dlScussion at the City Hall on Wednesday the 13th of October at 7:30. Motion carried on a 4-Yes, l-Absent (Peach) vote. RESIGNATION - PARK COMMISSION MOTION by Jacobson, Seconded by Lachinski, that we authorize the City Clerk to advertise for position of new Park Board Commissioner to replace Ms. Jo Zillhardt. DISCUSSION: It was also suggested a letter of appreciation for her service on the Commission be sent. Motion carried on a 4-Yes, l-Absent (Peach) vote. ENTERPRISE FUND BUDGET Discussion was on the August 23, 1982, memo from the City Clerk/A. Adm. on the 1982 Enterprise Fund budgets and water fund charges. Council questioned even when the entire area is totally developed, will there be sufficient funds in the water fund to cover operation, debt service, plus build up the fund for the eventual installation of another well and water tower. The high amount for administration in relation to source and storage and distribution was also noted. Council asked for a legal opinion on whether or not the connection charges can be borrowed to be used for operating expenses in the water fund. No further action was taken on the matter. CAPITAL IMPROVEMENT PROGRAM --- It was agreed to add this as the first item on the next regular Council meeting Agenda. GOOD VALUE HOMES/ REPLAT SKETCH PLAN - NORTHGLEN I John Peterson of Good Value Homes reviewed their proposal to replat 16 twinhome lots to 12 single family lots, stating the main reason for the proposal is because the twinhomes just have not been selling. He stated other cities have been reducing the minimum lot width requirement. Regular City Council Meeting September 7, 1982 - Minutes Page 11 (Good Value Homes/Replat Sketch Plan - Northglen I, Continued) Discussion with Mr. Peterson was the Council's concern of setting a precedent if narrower single-family lots were allowed, that it would have a significant impact on the area, and that residents present this evening were generally opposed to the smaller lots. (Councilman Peach returned to the meeting at this time. 11 :35 p.m.) 1983 COUNCIL SALARIES Discussion noted salaries have not been increased since 1976; that if they were fairly accurate in 1976, an increase should be made gradually over the years rather than having to make a larger increase to bring them into line two or four years from now; that the increase of $300 per year proposed impacts the budget by $1,500; that the increase proposed amounts to 14 percent increase over six years or less than 2\ percent per year; that when looking at other comparable cities and the total number of meetings held per year, Andover's salaries are on the lower end of the scale; and that the City should not let the salaries get too far out of line with similiar cities. MOTION by Jacobson, Seconded by Lachinski, for 1983 and thereafter, we increase salaries of the Councilmembers and the Mayor by $300 per year. Motion carried unanimous ly. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Orttel, approval of Checks 5197 through 5653 minus Check Number 5688 for $10 and with notation that Checks 5198 through 5600 have been destroyed as per request from the City's banking firm, for a total of $50,777.48. Motion carried unanimously. MOTION by Peach, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 12:13 a.m. Respectfully submitted, '{)~";¡~p~~.J Recor iog Secretary