Loading...
HomeMy WebLinkAboutCC July 5, 1983 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING-JULY 5, 1983 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Lot Split/To Gonier b. Special Use Permit Review/L. Mills c. Lot Split/C. Steffensen d. Variance/C. Steffensen e. Pinal Plats/Rosella's Addition, Shirlev'" Lstates f. Discussion/Good Value Homes, Non:hglen II, Phase II q. Landfill h. Musket Ranch License i. 5. Non-Discussion Items a. Accept Petition/Kadelac Addition b. Andover Auto Parts - License C. 6. Reports of Commissions, Committees, Staff a. Subsidize CETA Funding/Schrantz b. Recyling OrdL'&.ce/Lindquist C. Watershed District/Schrantz d. 138th Avenue Park Location~Costs/Schrantz 7. Ap,:>ro-,al of Minutes 8. Approval of Claims 9. Adjournment .-. CITY 01 ANDOVER M E M 0 RAN 0 U M TO: COPIES TO: ATTORNEY STAFF FROM: CITY CLERK A. DATE: JUNE 30. 1983 REFERENCE: AGENDA COMMENTS - MEETING/JULY 5. 1983 Item No. 3 - Aqenda Approval Please add Item No. 4h (Musket Ranch License) ; and Item No. 6d (138th Avenue Park Location/Costs). Delete Item No. 6b ( Subsidize CETA) , Item No. 4a - Lot Split/T.Gonier Mr. Gonier is requesting approval to subdivide Lot 1, Block 2, Eastbrook Terrace into two separate parcels pursuant to the requirements of Ordinance No. 40. The Planning and Zoning Commission is recommending approval of the division. Both parcels meet all zoning requirements for width, depth and lot area for those parcels zoned Residential-4. Mr. Gonier was charged for two sanitary sewer stubs in the 1975-1 Project. A resolution granting approval will be prepared. Item No. 4b - Special Use Permit Review/L. Mills Since approval of the original request, this office has not received any complaints from neighboring residents. In view of this it is recommended that the SUP be renewed for another one-year period. Item No. 4c - Lot Split/C. Steffensen Mr. Steffenson is requesting approval to split off an approximate 2~-acre parcel from his approximate 20-acre parcel east of Nightengale St. The Planning and Zoning Commission is recommending approval of the request. A variance (see Item 4d) will be needed on the width of the 2.5 acre parcel. It would be my opinion that a statement would have to be included in the approving resolution to indicate that until such time as Hanson Boulevard is constructed and accepted by the City, the larger parcel could not be considered a buildable lot inasmuch as it no longer will have frontage on a public road until such time as Hanson Boulevard is completed. This will be included in the prepared resolution for approval. Item No. 4d - Variance/C. Steffensen A variance is required to make the 2.5-acre parcel created in Item 4c, in compliance with City Ordinance. The parcel contains 286.03 feet of width and frontage instead of the required 300 feet in an R-l Area. ---- Agenda Comments July 5, 1983 Page 2 Item No. 4e - Final Plats/Shirley's Estates, Rosella's Additions Enclosed are the Final Plats for Shirley's Estates and Rosella's Addition. Both of these plats can be approved, however, the approval must be contingent upon the developer executing with the City the required Development Contracts for the improvements of sewer, water, streets, etc. The Final Plat cannot be signed by the City until this Contract is signed and all required escrow deposits received. Attorney Hawkins has been working on the Contracts and may have them ready for the meeting. Item No. 4f - Discussion/Good Value Homes, Northqlen II, Phase II To-date I have not received correspondence from Good Value Homes, requesting that action on this Plat be delayed to a future date. There are still several questions pending relative to the placement of Bunker Lake Boulevard extension. Ordinance No. 10, Section 7.01 (k) requires that the City Council shall act on the preliminary plat within 60 days after submittal of the plat to the City Clerk (payment of fees and filing). The developer does, however, have the right to waive this requirement. Mr. Peterson was asked at the June 21 Meeting if he would be willing to continue action on the plat for another 30 days, however, he was unable to give an answer at that time and did advise the Council he would send out a letter. Informally, they have informed me they will give a two-week extension to July 19. The Mayor and I will be attending a meeting at noon on July 5 with the Anoka City Mayor and Manager; a report will be given at the Council Meeting. Item No. 4g - Landfill TO-date, no new information has been received. A meeting is scheduled for July 12, 3:00 P.M. at Anoka County to discuss with the County and PCA, action and progress by both agencies. I talked to Representative Sikorski's Aide last week and informed him that the Superfund Grant request is at the E.P.A. office in Washington, and requested that Representative Sikorski follow up on this to help insure prompt action by the E.P.A. Item No. 4h - Musket Ranch/Junkyard License As you know, this operation has not been licensed for some time. Inasmuch as there is now confirmed activity on the site, a license must be secured. Bob Hutchinson from Anoka County will be at the meeting to outline the steps the County has taken to-date relative to their licensing requirements. They do have an amendment to their Solid Waste Ordinance which deals specifically with the receiving and processing of tires. Shripteck, Inc. was into the office on Tuesday and supplied us with the attached information. He was given a License Application and the requirements were reviewed; and he was advised that the requirements must be met immediately! Item 6b should probably be discussed at this time. Item No. Sa - Accept Petition/Kadelac Addition Attached is a unanimous petition from the Kadelac Addition requesting the improvement of bituminous street. Adoption of a resolution declaring the petition adequate and ordering a Feasibility Report is required. Agenda Comments July 5, 1983 Page 3 Item No. 5b - Andover Auto Parts Please see the attached memo. This should be tabled to "Final" Action on July 19. Item No. 6a - CETA (Deleted) :ftem No. 6b - Recyling Ordinance See Item No. 4h Item No. 6c - Watershed District/Schrantz Councilman Knight and Jim Schrantz would like to discuss the proposed Rum River Watershed District with the City Council. Not all cities involved have entered into Joint Powers Agreements at this time, so there are some questions on how we should proceed. Item No. 6d - 138th Avenue Park/Scrantz Anoka County has agreed to accept a preliminary request at this time inasmuch as we do not have confirmed figures and costs. Attached is the information forwarded to them. Jim has estimated the costs based on location selected by the Council at the June 22 Meeting on site. You will note I was not extremely explicit in the narratives, however, it was satisfactory with the County. Item No. 7 - Approval of Minutes May 3, 5, 17, June 7, 21 (Regular/Special) ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JULY 5, 1983 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl at 7:30 P.M., Tuesday, July 5,1983 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Councilmen Present: Elling, Knight, Lachinski, Orttel Councilmen absent: none Also Present: City Attorney; William G. Hawkins; City Clerk, P.K. Lindquist; City Engineer, James Schrantz; Planning Commission Chairman, d'Arcy Bosell; and others AGENDA APPROVAL MOTION by Elling, seconded by Knight to approve the published agenda with the addition of Item 4i, Storm Related Items (Issuing building permits, trailers, update on Federal funds, estimates on damage, fencing for junkyards, misc.); 4h, Musket Ranch License; 6d, 138th Avenue Park Location; and 5c, Easement Approvals for Hanson Boulevard. Motion carried unanimously. MOTION by Orttel, seconded by Lachinski to suspend the rules. Motion carried unanimously. LOT SPLIT/T. GONIER Planning Commission Chairman Bosell reviewéd the Planning Commission's recommendation to approve the lot split. It is in compliance with Ordinance 8 and Ordinance 40. She questioned whether a park dedication fee is required as this is a part of a plat. Mayor Windschitl noted that this plat does not have a park; therefore, the fee will have to be paid. MOTION by Orttel, seconded by Lachinski to approve a lot split requested by Thomas Gonier for Lot 1, Block 2, East Brook Terrace, as presented and direct the City Clerk to prepare a resolution for same. Motion carried unanimously. SPECIAL USE PERMIT REVIEW/L. MILLS The Clerk stated that no complaints have been received from area residents or customers of the beauty shop. MOTION by Orttel, seconded by Lachinski to reapprove a Special Use Permit for Linda Mills for a 12 month period for a beauty shop in the home. STEFFENSEN LOT SPLIT Chairman Bosell noted that the Planning Commission recommends approval subject to a $100.00 park dedication fee. The Clerk has noted in her agenda material that the southern parcel will be landlocked until Hanson Boulevard goes through. ,4ayor Windschitl noted that the $100 park dedication fee is required for the smaller parcel being created and when the larger parcel is platted, the park dedication fee will then be required for that parcel. It was also noted by the Clerk that if the lot split is approved, Mr. Steffensen will have to furnish us with new legal descriptions so it can be recorded. --- ~ ~~ - Regular City Council Meeting July 5, 1983 - Minutes Page 2 :Steffensen Lot Split, Cont.) MOTION by Orttel, seconded by Lachinski to approve the lot split requested by Curtis Steffensen as presented by the Planning Commission and direct the City Clerk to prepare a resolution for same noting that the parcel that fronts on the proposed Hanson Boulevard be noted as unbuildable until Hanson Boulevard is constructed and to require a certificate of survey and a $100.00 park dedication fee be required for the 4 acre parcel that fronts on Nightingale Street. Motion carried unanimously. CURTIS STEFFENSEN VARIANCE Chairman Bosell reviewed the Planning Commission's recommendation for approval noting that the parcel is 287 feet wide rather than the required 300 feet and that Mr. Steffensen owns the property to the west which is smaller than the size we want for a parcel and that Pine Tree Farms owns the property to the east. MOTION by Knight, seconded by Orttel to approve a variance from Ordinance 8, Section 6.02 requested by Curtis Steffensen for the property described as Plat 65922, Parcel 1380. Motion carried unanimously. FINAL PLATS/SHIRLEY'S ESTATES, ROSELLA'S ADDITION City Attorney Hawkins explained that Ms. Sonsteby needs to provide a letter of credit or an escrow deposit, she needs to have the abstract updated and sent to him and she needs to sign the development contract. MOTION by Lachinski, seconded by Orttel to approve the final plat of Shirley's Estates contingent upon the receipt of an updated abstract, receipt of a 15% cash escrow or letter of credit for 125% of the construction costs, and upon Ms. Sonsteby signing the development contract and direct the Mayor and City Clerk to sign the plat. Councilman Elling questioned the lack of an access to the park, noting that that was one of the conditions of the plat and also that Outlot "A" was supposed to be deeded to Mr. Johanson but is still shown on the plat as an outlot. Discussion with Ms. Sonsteby indicated that the access to the park should have been shown on the final plat. The access will be 66 feet wide and go to approximately where the description line starts. Amendment to Motion: Require the easement extension of 143rd Avenue for access to the park as shown in the preliminary plat. Amendment to Motion: Extension of 143rd Avenue be shown as per the preliminary plat but be included as part of the plat. Carried unanimously. Regarding the outlot, City Attorney Hawkins stated that according to State Statutes, outlots are allowed; however, if they cut off access to someone else's property they are not allowed. MOTION by Lachinski, seconded by Orttel to approve the final plat of Rosella's addition contingent upon receipt of an updated abstract, and receipt of 15% cash escrow or equivalent letter of credit and signing of the development contract and direct the Mayor and City Clerk cO sign the final plat. Motion carried unanimously. Regular City Council Meeting July 5, 1983 - Minutes Page 3 DISCUSSION/GOOD VALUE HOMES, NORTHGLEN II, PHASE II Mayor Windschitl noted that Good Value Homes has given a two week extension. The Mayor met recently with Bud Redepennig, Dan Earhart, Natatié: Haas, and the Mayor and Anoka to discuss the realignment of Bunker Lake Boulevard. If the road is going to end up where it is shown, the City of Anoka doesn't want it. However, the county wants to build the road. The county has no desire to buy the triangle. Anoka seems to be willing to provide services but have made no commitment yet. Discussion continued on the realignment of Bunker Lake Boulevard with the Mayor noting that the County is not prepared at this time to purchase the right-of-way. Several Councilmen felt that we should allow Good Value to go ahead with their plat as proposed. Rosella Sonsteby, 4151 - 141st Avenue N.W. - asked the Council to keep in mind that in the event the road does not go through, Good Value has to have an outlet to her 40 acres. MOTION by Orttel, seconded by Lachinski to table Good Value Homes until the second meeting in July. Motion carried unanimously. Wayne Anderson, Wm. Rademacher & Associates - missed the discussion on the road and asked what was said. The Mayor reiterated the discussion and Mr. Anderson noted that they are concerned with the most direct flow of traffic past their site. LANDFILL It was noted that there will be a meeting at 2:00 p.m., July 7th at the Bunker Hills Activities Center with Congressman Jerry Sikorski. The Clerk noted that there will be a tour prior to the meeting. MUSKET RANCH LICENSE The Clerk asked that this be tabled until g:OO. STORM RELATED ITEMS Mayor Windschitl noted that so far, the total damages are listed at $6,040,000 including contents. This figure represents 25 houses in Red Oaks that are completely destroyed with a total of 33 totaled throughout the city, 26 houses with major damage and 47 with minor damage. Building Inspector Dave Almgren stated that he has visually inspected 47 houses and that there are probably a lot more with minor damage. He also stated that as of tOday, there are 35 houses that are totaled; the two he added are 13939 Nightingale and 14026 Quinn Street. Mayor Windschitl explained that in the morning the city started to get together equipment and manpower. CETA employees were hired and a group of Menonites came in from Wisconsin to help. We obtained wood chippers from Blaine, Roseville, Maple Grove and Fridley. The brush in the back part of Red Oaks is mostly cleared out; the debris from the houses is the responsibility of the homeowner. The Clerk stated that we have had complaints from people regarding debris from their neighbors' houses that was blown into their yards. Mayor Windschitl noted that there was a meeting this afternoon that was attended by everyone in political office in Anoka County, someone from the State and someone from the Federal government. It might be possible to obtain Small Business Administration loans if the Regular City Council Meeting July 5, 1983 - Minutes Page 4 (Storm Items, Cont.) following requirement is met: A minimum of 25 businesses or homes or a combination of 25 homes and businesses in one county sustaining uninsured losses equal to 40% or more of their estimated fair replacement value. If an SBA declaration is made, any homeowner or businessman may apply for lower interest loans. Interest rates vary for homeowners from 5-5/8% to 11-1/2% and businesses from 8% to lD-l/2%. In order to qualify for a loan and the above list, the homes must be primary residences. Councilman Orttel didn't feel that we would qualify for this program as we would need 25 people with an uninsured loss. Mayor Windschitl recognized the people who have been working on the storm cleanup including the Fire Department personnel, Fire Chief Stone, Jim Schrantz, Ken Orttel, d'Arcy Bosell, Ted Lachinski and Pat Lindquist. He felt that a little extra pay would be in order for the rescue people and fire fighters, such as $30.00 per person. Councilman Orttel felt that there should be some consideration for the salaried people also. Councilman Lachinski questioned whether we should have a disaster plan. He stated that there are small computers available that record the amount of damage, where the damage is, etc. City Engineer Schrantz noted that he has a copy of the Coon Rapids disaster plan and there are some good sections in it. Mayor Windschitl asked Mr. Schrantz and Fire Chief Stone to work on some kind of plan for our city. The general feeling of the Council was that there was not adequate warning before the storm hit. The sirens went off for a short time but then the power went out and they stopped. Councilman Knight stated that he tried calling Anoka Electric the night of the storm and they weren't answering their phones. Fire Chief Stone noted that the National Guard is moving two of its people up to the front streets for the night to secure the area. MOTION by Lachinski, seconded by Orttel that in recognition of efforts expended by city personnel, fire fighters and rescue personnel that each individual employee, fire fighter, and rescue person who participated in the disaster July 3rd be awarded a $50.00 recognition bonus. Motion carried unanimously. Fire Chief Stone thanked the Mayor and Council for their help also. Mayor Windschitl expressed his thanks to Councilman Orttel for taking over the day of the storm. Mayor Windschitl explained that the Jellisons of Anoka Auto Wrecking are having problems with keeping their fence up. Mr. Jellison stated that they have had to put it back up twice and it's damaged again. He asked if they could lower the fence from a height of 8 feet to 6 feet. City Inspector Almgren said they have approximately 1,000 feet of fencing. He suggested that the front part remain at 8 feet and drop the rest down to 6 feet. Council made several suggestions on how to rearrange the fence including staggering the panels to minimize the pressure. It was suggested that Mr. Jellison put about a three foot dirt berm around the property and put a five foot fence on top of the berm. This will accomplish the height requirement while minimizing the pressure. Jerrold Menglekock, 15710 Sycamore Street N.W. - stated that he has a lot of oak trees down from the storm and asked what he should do with them. It was suggested that he go to the Fire Station on Wednesday evening to apply for a burning permit. Regular City Council Meeting July 5, 1983 - Minutes Page 5 Recess 9:20 - Reconvene 9:45 TEMPORARY MOBILE HOMES Mayor Windschitl suggested passing a motion to authorize the building inspector to issue temporary mobile home permits for those people who are rebuilding their homes lost in the storm. As this is not allowed by ordinance, Councilman Lachinski suggested that the Clerk prepare an ordinance that will allow it. MOTION by Lachinski, seconded by Knight to authorize the C1erk to prepare a resolution which would declare a state of emergency in the Andover area as a result of the recent storm and provide for the Building Official to issue temporary mobile home permits for a 90 day period providing sanitary sewer and water requirements are met. Motion carried unanimously. BUILDING PERMITS Mayor Windschitl noted that if a house is 50 percent damaged it has to be rebuilt according to present city ordinances. The doubles in Red Oaks were not built according to present ordinances and it is the opinion of the City Attorney that we can require them to be built according to the ordinance, which also means that they need to have garages. The Clerk felt that when this area was platted, the lots were designated for doubles. She will check to see if a Special Use Permit was issued for that area and the City Attorney will research it. This will be tabled until the July 13th meeting. MUSKET RANCH LICENSE The Mayor asked who the licensee is for the recycling operation. Bob Hutchison stated that the application was submitted by Ray Slaback but Schriptek Recovery Systems is also listed on the application. Cecil Heidelberger is involved in the operation also. Mr. Hutchison stated that we have to know who is doing what. It was questioned who has the authority to allow this operation to exist in the city. The City Attorney asked where this type of operation is allowed in the ordinance. Councilman Lachinski noted that if we issue a Special Use Permit to get rid of the tires, he would like to see a time limit on the permit. Mr. Hutchison said that the applicant is requesting a five year license. He also noted that Mr. Heidelberger has stated there are 40,000,000 tires there but he felt that 4,000,000 is a more realistic number. Councilman Elling noted that the contract Schriptek says they have is for 24,000 tons of waste tires. If they were to run 3 shifts a day, they would be able to shred 2,400,000 tires a year and if they continue bringing tires in, there is no way they are going to reduce the pile in 5 years. Mr. Hutchison suggested that their plan should delineate the traffic flow, there should be a physical barrier and each load coming in and going out should be weighed. Councilman Elling stated that he would only be in favor of issuing a Special Use Permit if no tires are hauled in. Councilman Knight asked who will police what is going out and coming in. Mr. Hutchison stated that they will require a cash escrow and if everything is coming in and nothing is going out, Schriptek won't want to pay the escrow. Regular City Council Meeting July 5, 1983 - Minutes Page 6 (Musket Ranch, Cant.) City Attorney Hawkins stated that the County Attorney is prosecuting under the city's ordinance and the County's Solid Waste Ordinance. They are asking for a temporary restraining order and a permanent injunction. The Clerk noted that she called several cities and no one has ever heard of Schriptek. Fire Marshal Tom Reichert noted that the road access is completely blocked off again. Mr. Hawkins said that that is one thing that is addressed in the injunction. Mr. Hutchison also stated that Schriptek will have to have some kind of plan if they encounter barrels to prevent leakage. There is no food supply in the area so there shouldn't be a significant rodent problem. Mayor Windschitl said that if the Council is interested in issuing a Special Use Permit, we should look at it on a yearly renewal basis and at getting the tire pile down as quickly as possible. Mr. Hutchison noted that to date they have shredded three tires for every new one they brought in. The county clocked the machine and found that it takes about 700 tires per hour. One big consideration is what role Cecil is playing. Councilman Elling asked if the County could issue a license to Schriptek if the city is against issuing one. Attorney Hawkins stated that we have zoning powers; it's a junkyard as our ordinance defines it. This item will be tabled until the July 19th City Council meeting. ACCEPT PETITION/KADLEC ADDITION MOTION by Elling, seconded by Orttel that we declare adequacy of petition and direct preparation of a feasibility report for 169th Lane in Kadlec·Addition and two small lots outside of the addition. Motion carried unanimously. ANDOVER AUTO PARTS LICENSE MOTION by Orttel, seconded by Lachinski to table action on Andover Auto Parts license until July 19, 1983. Motion carried unanimously. RECYCLING ORDINANCE Discussion was on changing the junkyard ordinance to provide for recycling. Councilman Elling volunteered to work on some kind of recycling ordinance. WATERSHED DISTRICT Councilman Knight asked for direction from the Council regarding the Rum River Watershed District as the Anoka representatives don't seem to want to do anything. Part of their concern is financing as they are worried about carrying the financial burden of the water- shed. The Mayor will discuss this with the Anoka City Mayor to see what their position is on the watershed. 138TH AVENUE PARK LOCATION Council discussion indicated that the county accepted the items as we submitted them; the numbers are realistic. If we have to buy some land, there are several requirements the Regular City Council Meeting July 5, 1983 - Minutes Page 7 (138th Ave. Park, Cont.) County has. The Clerk stated that she is meeting with the Coúnty on Friday regarding Community Development Block Grants. MOTION by Orttel, seconded by Lachinski that the staff be authorized to proceed with steps for the acquisition of park land on 138th Avenue to meet the requirements of the grant. Motion carried unanimously. HANSON BOULEVARD EASEMENT APPROVALS Mr. Hawkins stated that the hearings have been completed and the Commissioners were to meet today to make their determination. Asked for authorization to make payment. MOTION by Orttel, seconded by Lachinski that we authorize payment of funds as needed for acquisition of easements on Hanson Boulevard. Motion carried unanimously. SUBSIDIZE CETA FUNDING City Engineer Schrantz asked that three of the CETA employees continue working at a $3.35 per hour plus overtime for anything over 40 hours per week. MOTION by Lachinski, seconded by Elling that we authorize an expenditure up to $2,000 for temporary employment during the cleanup of the recent disaster. Motion carried unanimously. FIRE DEPARTMENT Chief Stone noted that his time has been used for Fire Department work today rather than Public Works. Council had no problem with this. Tom May explained that the rescue van needs some work done on it. The estimate to fix it is $2,550 and then the van would last for one year. A used van would cost $7,075 and would last for 2 years. Other options include buying a vehicle from another service for $5,000 plus painting, lights, etc. and this would last one year; buy a new van which would last for 5 years at a cost of $16,000; buy a new ready to go setup for $25-30,000; buy a new van with aluminum or fiberglas body for $43,000 which would last 15-20 years; or we could buy a mini-van which would last 15-20 years (a figure for this one was not available as yet). Chief Stone stated that Kottke's Bus Company will be doing the maintenance on all fire units for $25.00 per hour; this includes oils changes, etc. Mayor Windschitl said that the fire fighters are willing to donate $2,500 toward the purchase of a different rescue vehicle and there is about $2,000 in the budget now. The present rescue vehicle is a 1978 and has 113,000 miles on it. Tom May also noted that shortly there will be some used vehicles available for about $6,000. This item will be tabled until July 13, 1983. APPROVAL OF CLAIMS MOTION by Elling, seconded by Orttel to approve Checks Numbered 6662 through 6693 for a total of $41,443.57. Motion carried unanimously. Regular City Council Meeting July 5, 19S3 - Minutes Pa ge 8 MOTION by Orttel, seconded by Lachinski to approve a change order for Marcus Construction in the amount of $172.70. MOTION by Knight, seconded by Elling to adjourn. Motion carried unanimously. Meeting adjourned at 11:53 P.M. Respectfully submitted, j~. ¡]¿/ Vicki Volk Recording Secretary