Loading...
HomeMy WebLinkAboutCC April 19, 1983 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 19, 1983 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident ForU'l 3. Agenda Approval 4 . Discussion Items a. AgPreserve/Eligibility/Rezoning - K. Slyzuk b. Easements/Osmon c. 138th Avenue Pond/Park d. CDBG Fund Expenditure e. Landfill f. g. 5. Non-Discussion Items a. Andover Auto Parts-Junkyard License b. Temporary Mobile Home Permit/Kelnor c. 6 . Reports of Commissions, Committees, Staff 7. Approval of Minutes 8. Approval of Claims 9. Adjournment CITY 01 ANDOVER M E M 0 RAN 0 U M TO: MAYOR AND COUNCIL COPIES TO: ATTORNEY, STAFF FROM: CITY CLERK/A. ADMINISTRATOR DATE: APRIL 15, 1983 REFERENCE: AGENDA INFORMATION - APRIL 19, 1983 Item No. 3 - Agenda Approval Please delete Item No. Sa (Andover Auto Parts Junkyard License) . Item No. 4a - AgPreserve Eligibility/Rezoninq-K. Slyzuk Attached is a recommendation for approval of the eligibility and the rezoning of the property belonging to Ken Slyzuk. The property is in both the urban and rural service areas. All properties meet the requirements of Ordinance No. 57. A resolution will be prepared granting approval. Item NO. 4b - Easements/Osmon This item was carried over from the April 5 Meeting to allow the City Engineer the time to check the property for the possible requirement of an easement across the entire southerly part of the property to provide for a through street at such time as Hanson Boulevard is constructed to the east. Mr. Schrantz will h¥ve a report for the meeting. Because of the low land and the trees along the southerly boundary of the Osmon property (see attached aerial map) , the right- of-way would probably have to drop a little south across the other 40-acre piece also owned by the Osmon's. Item No. 4c - 138th Avenue Pond/Park Attached is a memorandum from Jim Schrantz, covering his recommendation for the area to be fenced. Also attached is a report prepared by Diana Miller, covering incomes and number of children in this area. Diana did a door-to-door survey of the neighborhood during the past two weeks, so the information presented is current. Jim Schrantz will be asked to check the area prior to the meeting to determine a location for a possible park. This item should probably be considered in conjunction with Item 4d. Item No. 4d - CDBG Fund Expenditure Anoka County had to have information last week to present to the Board for approval of "preliminary projects" for use of the 1983 Funds. Based on Council discussion on AprilS, I advised them that inasmuch as a Agenda Information Apr il 19, 1983 Page 2 Item No. 4d - CDBG (continued) definite decision had not yet been made by the Council due to several pending items at this time, to show Andover using their allocation of approximately $60.00 for the development of a park in a low-income area, and for the purchase of blighted land. Please realize that this is not definite and can be changed. Item No. 4e - Landfill Enclosed are memorandums received over the past 10 days, relating to the landfill. Most of it is general information, however, you will note the test reports on samples taken from residential wells both by the PCA and Anoka County shows no contamination present. There is a meeting scheduled on Tuesday, Apr il 19 with the PCA and Anoka County to discuss provisions in the Cooperative Agreement. I will have a report for you for the meeting. Item No. Sa - Andover Auto Parts Deleted. I did check the property prior to the snowfall; it was evident work was being done to bring it up to ordinance requirements. Mr/Mrs.Pears apparently left for a three-week vacation at the same time as Bill Hawkins confirmed his discussions with their Attorney and the applications was mailed out to them. They are due back the later part of this week, so it will be tabled to the May 3 Agenda. Item No. 5b - Temporary Mobile Home Permit/Kelnor Attached is a request for a 90-day permit to park a mobile home on the property located at 15461 Prairie Road. Mr. & Mrs. Kelnor are constructing a new home and require living quarters until the house is ready. Item No. 6 - Reports Nothing received to-date. Item No. 7 - Approval of Minutes Due to Mayor Windschitl's absence, approval of minutes to be tabled to the May 3 Meeting. ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 19, 1983 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Kenneth Orttel on April 19, 1983, 7:35 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski Counci lman absent: Mayor Windschitl A 1 so present: City Engineer, James Schrantz AGENDA APPROVAL MOTION by Lachinski, Seconded by Elling, that we approve the Agenda as published with the following amendments: Deletion of Item 5a, Andover Auto Parts - Junkyard License and Item 7, Approval of Minutes; and the Addition of Item 4d, CDBG Fund Expenditure and Item 4f, County Park Property. Motion carried unanimously. Acting Mayor Orttel asked for a motion to suspend the rules. MOTION by Elling, Seconded by Lachinski, to so move. Motion carried unanimously. AgPRESERVE/ELIGIBILITY/REZONING - K. SLYZUK Discussion noted there are nine parcels being requested for Ag Preserve eligibility and rezoning. There was a question as to the eligibility of the parcel to which Mr. Slyzuk stated he owns fee title and is the road from Nightengale west to another parcel which is farmed, Parcel 4801. Council agreed to include that parcel subject to it being an allowable part of the rezoning, noting the prepared resolution does include the parcel. MOTION by Knight, Seconded by Lachinski, that we accept Resolution No. 021 as presented, a Resolution establishing eligibility and approving rezoning to Ag Preserve as requested by Ken S lyzuk. (See Resolution R021-83) Motion carried unanimously. EASEMENTS/OSMON Council discussed Mr. Schrantz's memo of April 15, noting the County's preliminary alignment of Hanson Boulevard through the area which would put the Osmon parcel to the east of that road. Therefore, Mr. Schrantz recommended taking a 66-foot easement until it runs into the cul de sac and that the center of the cul de sac be the southwest corner of the Osmon parcel. That wouldn't do much damage to the trees but would require filling in the low area. Mr. Schrantz also recommended the property owner construct the easement and cul de sac to a gravel standard rather than to the blacktop standard because the remainder of the road is a sand road. Council generally felt the engineer's proposal was reasonable. MOTION by Lachinski, Seconded by Orttel, that we direct the City Engineer to notify the property owners at the end of 167th that to be in compliance with the requirements of the City for conveying easement for road purposes that he construct the easement to the engineer's specifications as presented in the Engineer's April 15, 1983, memo to the City Council. Motion carried unanimously. 138TH AVENUE POND/PARK Mr. Schrantz stated he has talked with all the property owners involved ano all are in agreement with fencing the back yards except the owners of the six-plex, Tri-R's, as they feel it is a gradual slope on their property and that fencing would have little affect in that location. His recommendation was the fence be a 42-inch high chain link fence with top rail. The owners of 2559 and 2557 138th Avenue have their yards - -- --, - Regular City Council Meeting April 19, 1983 - Minutes Page 2 (138th Avenue Pond/Park, Continued) fenced and stated they would repair it. The only one who hasn't made a commitment is Mr. Host, who is in the audience this evening. The properties that would be fenced along 138th would solve the problem with the deep water and fast drop-off and would cut the pond off from that neighborhood. Mr. Schrantz stated he basically agreed with Tri-R's, stating the flat slope and marsh should make it difficult for the smaller children to reach the pond. Mr. Host - stated he is in agreement and would be willing to fence his property as long as the expense isn't prohibitive. Disussion was that the cost may be reduced if the property owners involved would work together to have the fence constructed. Mr. Host - stated he would be putting the fence up himself. Council agreed the fencing should be completed within 30 days and that Mr. Schrantz should coordinate the effort. MOTION by Lachinski, Seconded by Elling, that we direct the City Engineer to notify the property owners that the solution of the chain link fence is acceptable to the City and that the Engineer be directed to coordinate the matter in whatever helpful way that he can; and that the item be brought back on the Second Meeting in May for review at that time to see if the job is completed. Motion carried unanimously. CDBG FUND EXPENDITURE MOTION by Lachinski, Seconded by Knight, introducing a Resolution requesting legisla- tlve authorization for Anoka County to continue in the Community Development Block Grant Program for fiscal year 1984. (See Resolution R022-83) Motion carried unanimously. Acting Mayor Orttel explained that Mrs. Miller has done a door-to-door survey of the neighborhood during the past two weeks, the results showing that the area would qualify for the construction of a park using CDBG funds. It was found there are 92 children under the age of 12 years in that neighborhood. Discussion was on where a park could be located in the area. Mr. Schrantz stated they had looked at the one commercial lot on the corner of 138th and Crosstown. Council comments were it may be too small, the cost would probably be prohibitive, and the concern over that location being so close to Crosstown Boulevard, which is a very heavily traveled road. It was also noted that if it were placed on City property in that area, it would have to be built up in some fashion but which would improve the situation in the back of those properties. The actual layout of the park has been referred to the Park Board already. Mr. Schrantz also reported in opening up the storm drainage manholes in Northwoods and by the pond, he found no outlets constructed. Discussion was on what some felt happened at the time of the Red Oaks/Northwoods street projects, thinking the decision was the runoff for Northwoods and Green Acres would go to Coon Creek and the runoff from Red Oaks would go to the ponds. Mr. Schrantz was asked to discuss the matter of the par~ with the Park Board and to research and find land available for the park, feeling it should be at least one acre in size, probably more. He was asked to make a recommendation as to location, size, and cost. LANDFILL There was a brief discussion on the landfill issue, Acting Mayor Orttel reporting that the reports from the private wells recently, tested by the County show no contamin- ation at this time. He also noted the samples of Coon Creek show the greatest contamin- ation closest to the hazardous waste pit area, and that vinylchloride has appeared in Regular City Council Meeting April 19, 1983 - Minutes Page 3 (landfill, Continued) a fair amount of concentration along with other contaminates. Councilman Elling stated he has some questions on the reports of the creek sampling which he is investigating further. He reported the County has taken samples of the monitoring wells within the landfill this past week and has also taken samples of the hazardous waste pit itself. In addition, the County has hired Bob Johnson, Sr., to act as a "watchdog" over the New Brighton and Andover sites relative to EPA activities. He reported there is a meeting at 9 a.m. Thursday with the County and EPA officials to discuss the contents of the first cooperative agreement. Councilman Elling also asked if anyone is keeping track of the rodent control program at the landfill, having heard of complaints with rats in the Northwoods and Red Oaks areas. After some discussion Councilman Elling stated he would check with the County Health Department about this matter. ANOKA COUNTY PARK DEPARTMENT Acting Mayor Orttel explained Anoka County Parks Department is constructing a building next to the Highway ~uilding on Bunker Lake Boulevard. The builder received the building permit last December. Last Friday they were going to install their tanks but were informed that that is not possible because of the City's requirement that a ~. Special Use Permit for bulk storage tanks be approved first. The plan .calls for the installation of three 560-gallon tanks for their vehicles. Acting Mayor Orttel received a call late this afternoon on it because they are ready to install the tanks but were told it would take until the middle of June to receive a Special Use Permit. They came in and have paid for the Special Use Permit fee. Acting Mayor Orttel stated in reading the ordinance it seems to imply a permit is required for any fuel oil tank that is buried, which would include the City's tank and the Fire Department tanks, etc., including service stations. He is trying to determine what constitutes a bulk storage tank. Council discussion was on the question of whether the special use permit granted to Speedy Market and Bill's Superette was for the use of the service station or for the installation of the bulk storage tanks, noting those tanks are sUbstantially larger than what is being proposed at the County ParK site. If the interpretation of the ordinance is a permit is needed for only l,OOO-gallon tanks or larger, tnan the County would not need a opermit. The question was on the interpretation as to whether all bulk storage tanks are included or only those over l,OOu-gallon capacity. Acting Mayor Orttel also stated apparently the installation of bulk storage tanks in the ground is governed by the Fire Marshall, understanding it is usually delegated to the local fire department. Councilman Elling read the section that pertains to this issue, Ordinance 8, Section 4.26'- Discussion was on the interpretation of bulk storage, with some feeling that that definition would apply to a bulk plant, or storage to be used for wholesale, or suggest- ing the special use permit be applicable for bulk storage over a given size. It was also questioned if this would now be covered under the ordinance recently passed by the City adopting the National Fire Code. Discussion was postponed until later in the meeting to allow the files to be pulled of special use permits granted for bulk storage. TEMPORARY MOBILE HOME PERMIT/KELNOR There was confusion as to which address the mobile home would be located, and it was agreed to approve the permit for the location at 15461 Prairie Road as indicated in the Agenda material. Regular City Council Meeting April 19, 1983 - Minutes Page 4 (Temporary Mobile Home Permit/Kelnor, Continued) MOTION by Lachinski, Seconded by Elling, that we approve a temporary mobile home --permit for Mr. and Mrs. Kelnor at 15461 Prairie Road; this would be a gO-day permit and subject to constructing a well and on-site sewer system prior to moving into the - trailer home. Motion carried unanimously. ANOKA COUNTY PARK DEPARTMENT, CONTINUED Council reviewed the files for special use permits granted for Bill's Superette and Northern Natural Gas Company. One was for bulk storage of gas and Northern Natural Gas Company was for two 30,OOO-gallon tanks. Deliberation was again on whether or not the amount of the tanks constitutes bulk storage therefore requiring a special use permit. Mr. Schrantz stated possibly a special use permit would not be needed in such instances, but anything placed in the ground should be inspected. Acting Mayor Orttel felt that was already controlled by the State Fire Marshall. Council generally had no problem with the County putting in the storage tanks at that -site but felt the ordinances do require the processing of a special use permit for that use. Acting Mayor Orttel stated the earliest the permit could be acted upon would be May 10 at the P & Z level and May 17 by the City Council, which will create a little problem for the County. - MOTION by Lachinski, Seconded by Knight, that we direct the Fire Marshall iand Bui lding Offlclal and City Engineer to perform any and all required inspections on the part of the City for the installation of bulk storage facilities at the Anoka County park construction site, and direct the Planning and Zoning Commission to hold a public hearing and provide a recommendation to the City Council for approval or denial of the permit, and that installation of the bulk tanks prior to approval would be permitted but not allowed to be used until approval of the special use permit has been obtained; and that Anoka County will be installing the bulk tanks at their own liability should the permit be denied. Motion carried unanimously. Council discussion was that because the ordinances are being revised, the Planning Commission should look at this item and consider clarifying what constitutes bulk storage, possibly establishing a minimum size for the tanks. There are propane tanks, storage of ammonia by farmers, etc., which could be considered bulk storage, questioning if the City really wants to require special use permits for all those uses. It was generally felt that bulk storage is for wholesale use. It was also suggested bulk storage not be limited to gasoline but for hazardous waste materials, etc., as well. It was felt that the Fire Department should be contacted for its recommendation on the matter as well. MOTION by Lachinski, Seconded by Knight, to refer the question of special use permit for bulk storage to be refined to consider including a size and material associated with bulk storage or define bulk storage to clarify both quantity and type of storage, refer to the P & Z for ordinance review and refer it to the Fire Department for comments. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Lachinski, that we approve checks numbered 6289 through 6461 for the sum total of $49,037.66. Motion carried unanimously. MOTION by Lachinski, Seconded by Elling, to adjourn. Motion carried unanimously. Fre!ëtìõg adjourned at 9:04 p.m. Respsectfully submitted, '.... r - .. \\~--ü_'~---L Marce A. Peach Recording Secretary