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HomeMy WebLinkAboutCC January 15, 1985 ~ 01 ANDOVER M E M 0 RAN 0 U M TO: MAYOR AND COPIES TO: ATTORNEY, FROM: CITY A. DA TE: JANUARY REFERENCE: AGENDA COMMENTS - ,JANUARY 1'i . 1985 MEETING Item No. 3 - Aqenda Approval Item No. 4a - Award Contract/Development Contract-Howard-Tempel Addn. TO-date we have not heard from the developers as to their intention to proceed at this time with the current bids, or have it re-bid at a later date. This item is continued from the January 3 Meeting, at which time the Council was advised that the bids were higher than the Engineer's estimate and that the developers had not made any decision on the manner in which to proceed. Item No. 4b - Townhouse Development Regulations Enclosed please find the Planning and Zoning Commission's recommended changes. The Staff feels that all multiple unit development and regulations should be handled together and are securing copies of ordinances from neighboring cities to deals with this as it will involve several ordinance changes, not only to Ordinance 8, Section 6.02, but to definitions and to Ordinance 10 as well. The p&Z is going to discuss this again at their January 22nd Meeting. Item No. 4c - Neck Lots This item is tabled from the January 3 Meeting. Planning and Zoning Commission has recommended that no changes be made in the ordinance dealing with this question. Item No. 4d - 138th Avenue Park Development Enclosed is correspondence from the City Attorney; he would like to discuss this in detail with the Council, as it may ultimately involve a need for Council action on cost changes, etc. -- -- , - -' Item No. 4e - Specifications/Front End Loader The City Engineer is reviewing some specifications he has received from other cities and will have a report. Agenda Information January 15, 1985 Meeting Page 2 Item No. 4f - Utility Budget/Rates This item was tabled from the January 3 Meeting. You have all the information. Note: A motion was made to leave water rates, water connection charges, and water area charges the same for 1985 as those for 1984. Item No. 4q - Gas Franchise Ordinance Councilman Elling has redrafted the proposal accepted by the Council in October, 1984; see enclosed. The Gas Company have also made some changes on that original October proposal. The City Engineer is reviewing both and will have a report. Item No. 5a - Retailers Licenses Speedy Market - Cigarette, NI Malt-Liquor/Off-Sale 1985 Licenses Item No. 5b - Junkyard Licenses Andover Auto Parts - 13526 Jay Street N.W. (PIN 34 32 24 42 0010) This yard was visually inspected on January g. All debris had been cleaned up, however, both license and bond have expired; renewals have not been received. Commercial Auto Parts - 13576 Jay Street NW (PIN 34 32 24 42 0008) This yard still needs additional cleaning; and insurance and bond have expired. K&K Auto Salvage - 2050 Bunker Lake Boulevard (PIN 34 32 24 31 0003) Fence is OK; trees planted; insurance and bond are active. A Motion can be made for approval. Mom's Auto Salvage - 2052 Bunker Lake Blvd. (PIN 34 32 24 31 0001 ) The yard is in compliance, however, insurance has expired. Wilbur's, Batson's Rite-Away, and Minnesota Recycling have not yet made application (An application was received from Minnesota Recycling, however, the license fee was insufficient so it was returned to them) . Item No. 5c - Contract Renewals Geo. M. Hansen Co. (Auditor) The Contract covering the 1984 year was $6,800; the proposed Contract cost for 1985 is $7,200.00 Anoka County Sheriff The Contract is for a two-year period. I have contacted the Sheriff's office with your concerns on car locations. We should have a response by the Meeting. Agenda Information January 15, 1985 Meeting Page 3 Item No. 5d - Kennel License/R. Nehrt No complaints have been received on this operation; and all dogs maintained are individually licensed. A motion is needed for approval of the license for Roy Nehrt, 16326 Verdin StreEtNW. Item No. 6a - Fire Department No information has been received. Item No. 6b - Enqineer/Coon Creek Viewers Report This item was tabled from the January 3 Meeting to the January 10 Meeting, however, it was placed on this agenda in the event it did not get completed on Thursday. Enclosed is a me~o covering the Coon Creek Finance Committee Meeting on January 8. Item No. 7 - Approval of Minutes January 3, 1985. The amount shown in the Minutes for the January 3 Claims is incorrect (check numbers agree). The correct amount is $21,130.32. Enclosures ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 15, 1985 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Award Contract/Development Contract-Howard Tempel Additon b. Townhouse Development Regulations c. Neck Lots d. 138th Avenue Park Development e. Specifications/FrontEnd Loader f. Utility BUdget/Rates g. Gas Franchise Ordinance 5. Non-Discussion Items a. Retailer Licenses b. Junkyard Licenses c. Contract Approvals d. Kennel License/R. Nehrt e. f. 6. Reports of Commissions, Committees, Staff a. Fire Department b. Engineer/Coon Creek Viewers Report c. 7. Approval of Minutes 8. Approval of Claims 9 . Approval of Minutes 10. Adjournment - - ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 15, 1985 MINUTES The Regularly Scheduled Andover City Council meeting was called to order by Mayor Jerry Windschitl at 7:30 P.M., Tuesday, January 15,1985 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, Bill Hawkins; City Clerk/A. Adm., Patricia Lindquist; City Engineer, Jim Schrantz; City Building Inspector, Dave Almgren; others RESIDENT FORUM John Zillhardt, 3753 - 145th Avenue N.W. - brought up the problem of snowmobilers racing on Round Lake. Several weeks ago a snowmobile club plowed a mile track and were having a radar run. There were approximately 50 cars on the ice along with the snowmobiles. People who were trying to cross country ski on the lake finally gave up and had to go home. Mr. Zillhardt stated that in talking to a Deputy, he found out that the lake is under the jurisdiction of the DNR which has no restrictions on snowmobiles. The deputy felt that the city could pass some kind of ordinance to control them. He felt that a 55 MPH speed limit would be appropriate along with a permit if a snowmobile club is going to have time trials. Mayor Windschitl noted that he spoke to the Deputy who said that he was at the lake when the racing was going on. The Sheriff's Department got good cooperation from the people out there. He also noted that there is a permit process and a 50 MPH speed limit. The speed limit can be waived by the Commissioner if a race is in progress. He suggested that a certain area of the lake be set aside for ice skating and other activities and to keep the sno~mnobilers away from that area. There is also nothing that the Sheriff can do about the cars being on the lake unless there is destruction of property. Councilman Lachinski suggested putting up a sign by the lake that states some of the key points in the regulations, indicating that a permit is required to hold any organized activity and what the speed limit is. Mayor Windschilt stated that he would speak to the Deputy to see if he knows what club was on the lake and that he would have the Deputy at the next meeting to give a report. AGENDA APPROVAL It was suggested the following items be added to the published Agenda: 4h, Hanson Boulevard; 4i, Round Lake Townhouse Development; 5e, Tri-City Newspaper; 4j, Bids on bond issue; 5k, Constance Boulevard. MOTION by Orttel, seconded by Lachinski to approve the agenda with the addition of 4h, Hanson Boulevard, 4i, Round Lake Townhouse Development; 5e, Tri-City Newspaper; 4j, Bids on bond issue and 5k, Constance Boulevard. Motion carried unanimously. AWARD CONTRACT/DEVELOPMENT CONTRACT-HOWARD TEMPEL ADDITION City Engineer Schrantz asked that this item be tabled until the next meeting as Mr. Regular City Council Mee .g January 15, 1984 - Minutes Page 2 (Howard Tempel Addn., Cont) Howard and Mr. Tempel felt that the bids were too high and they would like to see if they can find a contractor who would bid less. MOTION by Knight, seconded by Lachinski to table Item 4a until the next meeting. Motion carried unanimously. The Attorney noted that if they get their own contractor, the city cannot assess the project; they would have to pay for it. TOWNHOUSE DEVELOP~1ENT REGULATIONS Mayor Windschitl noted that it is important that this item be clarified. The Planning Commission is trying to get this down to a simple form; however, they are having a problem with trying to define carriage home, townhouse, manor home, etc. The Clerk suggested that anything with three or more attached dwelling units be used instead of different definitions. Discussion was on the density of Planned Unit Developments. Mayor Windschitl noted that the Planning Commission felt that no matter what you do, the most dense you could make it is two times that of a single family plat, which would make it 5 to 6 units per acre. Council felt that there should be a maximum number of units allowed. Mayor Windschitl noted that Woodland Terrace's density is three per acre measured over gross acreage including the park. Some criteria should be set up as to whether a pond is or is not included when determining density. Mr. Schrantz noted that the draft of Ordinance 8 makes density more clear; it limits development to so many units per acre. R-4 is 4 units per acre. Councilman Lachinski felt that the overall density should be three units per acre with a maximum density of 5 units per acre. Councilman Orttel felt that the density should be 3 per acre; however, unbuildable or natural scenic areas may be deducted before the density is figured. Mayor Windschitl felt that the density should be 3 per acre with a maximum of 4. Council agreed with those figures as it would give the developer the opportunity to fill in low areas. Mayor Windschitl asked if the Council would be willing to increase the house size in the rural area from 960 square feet to about 1056 square feet. Councilman Orttel felt it would be a disgrace to do that as we already have stricter requirements than most other cities. Discussion was then on the square footage of units in a PUD with the Mayor noting that the manor homes Good Value is building have square footages ranging from 880 square feet to 1200 square feet. They range in price from $49,OOO to $59,000 and all have two bedrooms. Councilman Elling suggested having different size units as long as they average out to 960 square feet. Council discussed the possibility of having commercial/industrial in a PUD and questioned whether a rezoning would be necessary along with a Special Use Permit. City Attorney Hawkins felt that a rezoning would be more in the city's favor because if it's not in the Comprehensive Plan, the Council would have sufficient grounds for denial. NECK LOTS Regarding the Carson variance, Council concensus was that a time limit should be imposed so this item can be resolved. In the future, people would be told that neck lots are not allowed. Recess 9:11 - Reconvene 9:25 Regular City COuncil Meeting January 15, 1985 - Minutes Page 3 (Neck Lots, Cont.) MOTION by Lachinski, seconded by Knight to reconsider the motion made November 8, 1984 relative to the Carson variance request. Motion carried unanimously. MOTION by Lachinski, seconded by Elling that the variance for lot width be granted under the condition that Mr. Carson obtain fee ownership of the easement as it now exists because it would provide a reasonable use of the land and it is not a logical location for a street extension. A condition be placed on the willingness to grant the variance that a time limit be placed on the obtaining of the easement. The time limit would be dated 90 days from Janury 15, 1985. Motion carried unanimously. FIRE DEPARTMENT Acting Fire Chief Bob Palmer stated that several months ago Bob Dillon wrote a letter to the Council and he has not received any acknowledgment and would like to receive something. Mayor Windschitl noted that Mr. Dillon's questions were addressed in the motion. Mr. Palmer stated that Mr. Dillon was not at the meeting. The Clerk was directed to send Mr. Dillon a letter explaining what took place. Chief Palmer brought up the subject of the suspension of Dale Mashuga. The concensus of the Council was that Mr. Palmer acted properly and that the suspension was in order. Councilman Orttel asked if there was a written policy for the Fire Department regarding the consumption of alcohol. Mr. Palmer noted that it is not written, but it has always been the policy of the Department that if a fire fighter has two drinks, he cannot drive the trucks and if he has more than two drinks, he does not show up for fire calls. Mayor Windschitl felt that the matter of drinking on city property should be brought to the Personnel Committee. Jim Schrantz stated that on Friday after work, they decided to have a drink because it was one of the guys' birthday. He didn't think that anyone had more than a few drinks. On Monday, the Mayor called Mr. Schrantz and asked him why he allowed this to happen. Mr. Schrantz thought that they were doing everything according to policy. He noted that he will instruct his people not to drink on Public Works' property. He didn't feel that Dale should be reprimanded unless they all were. Mayor Windschitl stated that the suspension was not a result of the drinking but of some comments made to the Chief. Mayor Windschitl stated that the Clerk will type some type of policy regarding alcohol on city property and that the Personnel Committee should deal with it. PARK DEPARTMENT Merlyn Prochniak stated that the Park Board made a motion to spend $1,500 for T.K.D.A.'s development design for lighting at City Hall. They only have about $500.00 for profession- al services. Council discussion was on the amount of money that would be involved in geeting lighting and decided that $12,000 was too much. Councilman Elling said that he would figure it out and have something prepared for the next meeting. Regular City Council Meeting January 15, 1985 - Minutes Page 4 138TH AVENUE PARK DEVELOPMENT City Attorney Bill Hawkins noted that there are a few problems with the acquisition of the land for the park. He has not had a response from Wayne Jansen to release his part of the mortgage on one of the lots. The improvements could be put in but if Mr. Jansen foreclosed, we could lose the property and the improvements. Another alternative would be to condemn the property, but that it too expensive. Menkveld is another problem as there are $6,000 in unpaid taxes on his property. The city is only giving him $3,000. Mayor Windschitl suggested that either the Clerk or the Engineer keep trying to call Mr. Jansen to get his property released. Ms. Lindquist asked the Council's fee1ings on raising the price to Menkveld on his two lots. She stated that $3,000 was half of the appraised value of the property. Council- man Lachinski asked what the other property owners were paid. Ms. Lindquist stated $5,000. Mayor Windschitl noted that the Menkveld problem will solve itself shortly; it will forfeit this year. He also noted that we can't do anything until we obtain Mr. Jansen's lot. SPECIFICATIONS/FRONT END LOADER City Engineer Schrantz suggested that we table this item until after January 21st, when the City of Blaine will be opening bids for their front end loader. At that time we will know more about how we should go out for bids. MOTION by Knight, seconded by Lachinski to table this item to the next meeting. Motion carried unanimously. Councilman Elling stated that he would like to work on the utility budget at a separate meeting. GAS FRANCHISE ORDINANCE Councilman Elling noted that North Central Public Service has a problem with the permit requirement in the ordinance we sent to them. Mr. Elling felt that we should be notified if they are going to cross a paved road. Mr. Schrantz stated that when he gets a plan from the gas co~pany there are no service lines on it. If everything was put on the plan, we could approve the whole thing. Another problem the Gas Company has is supplying the city with two copies of the as builts by January 31st of each year. There was some confusion on which ordinance the gas company had actually looked at and which one the Council had sent to them for approval. It was felt that the one that was revised and dated is,:the one that was sent to the gas company. Mr. Schrantz stated that so far we haven't had a problem with the services, but he doesn't know where they are. The Clerk was directed to make the necessary changes in the ordinance and send it to the Gas Company. This item was discussed later in the meeting. Regular City Council Meeting January l5, 1985 - Minutes Page 5 HANSON BOULEVARD Mayor Windschitl asked what the Council wants to do with assessing Hanson Boulevard. The reason it hasn't been assessed as yet is because of the Tree Farm. He has also been work- ing with the county to try to get the north half mile of Hanson built this construction year. The county is willing to try to put it in their budget this year. If we can acquire the right-of-way they will built it this summer. There are 6 or 7 property owners involved and they are concerned with the wide right-of-way. The Engineer noted that he spoke to Mike Walker, one of the property owners, and he is against the 120 foot right-of-way as it will put the road 15 feet from his house. He wants to know how he could subdivide his land. Mayor Windschitl stated that if the road is built it will help with the problems Helen Franz is having with the sod trucks. The only was we have money is under MSA. In order to get the funds we have to designate that portion of road. Mr. Schrant~ stated that if we don't have any needs, we don't get any state aid money. Councilman Lachinski aSked what our alternative is. Mayor Windschitl stated that if we thought we could get right-of-way at no cost we could do it with our general fund. Councilman Lachinski stated that before we start buying right-of-way, he wants to see what the difference in cost is between going straight through or the way they said they are going to go. He asked the engineer to get the costs. MOTION by Lachinski, seconded by Elling to defer holding an assessment hearing on Hanson Boulevard from Andover Boulevard to 161st Avenue until February 1985 or prior to that time if a decision is reached on the settlement with Santa's Tree Farm. Motion ¡, carried unanimously. ROUND LAKE TOWNHOUSE DEVELOPMENT Mayor Windschitl noted that after what took place at the Council meeting the other night, he looked into this a little further and found that Mr. Thomsen does not own the property he is trying to develop. He sold it to Larry Vaske in 1981. The Mayor stated that he met with Mr. Vaske and another gentleman today and asked how actually owns the property. Mr. Vaske stated that he and Mr. Thomsen own it; he is having Mr. Thomsen develop it for him. He wants to know what he can do with the property. Also, once the property is developed, it will be sold to Mike Vagle. The Mayor felt that they will be coming to a Council meeting asking us to reconsider a different project. Councilman Lachinski felt that they should put in writing what they want us to reconsider. BIDS ON BOND ISSUE City Attorney Hawkins stated that in November we attempted to negotiate a sale for $300,000 bonds for Hugh's, Kadlec 2nd Addition and South Coon Creek Drive and we received one bid which the Council rejected. Two quotes were received today. One from Juran and Moody for 9.8318% and the other from 1st National of St. Paul for 9.3381%. That is within our lO% assessment limit. Mr. Hawkins recommended that we accept the bid of 1st National Bank of St. Paul. MOTION by Lachinski, seconded by Elling acknowledging the bids for 1985 GO Bonds from Juran and Moody for 9.83% and 1st National Bank of St. Paul for 9.3381% and accept the bid from 1st National Bank of St. Paul. Motion carried unanimously. Regular City Council Meeting January 15, 1985 - Minutes Page 6 CONSTANCE BOULEVARD City Engineer Schrantz noted that Ham Lake asked that we talk to the County about straightening out Constance Boulevard at our border. MOTION by Lachinski, seconded by Orttel to direct the City Engineer to request Anoka County to investigate the possibility of straightening out Constance Boulevard east of Crosstown Boulevard. Motion carried unanimously. GAS FRANCHISE ORDINANCE, CONT. The Clerk read the motion made in January regarding this item. MOTION by Orttel, seconded by Knight to table the Gas Franchise Ordinance to the next regularly scheduled meeting. Motion carried. RETAILER LICENSES MOTION by Orttel, seconded by Knight to approve the cigarette, non-intoxicating malt liquor off sale 1985 licenses for the Speedy Market. Motion carried unanimously. JUNKYARD LICENSES MOTION by Knight, seconded by Orttel to approve the junkyard license for K & K Auto Salvage at 20S0 Bunker Lake Boulevard (PIN 34 32 24 31 0003) for 1985. Motion carried unanimously. CONTRACT APPROVALS MOTION by Orttel, seconded by Lachinski to approve the contract for Geo. M. Hansen Company for 1985 in the amount of $7,200. Motion carried unanimously. MOTION by Orttel, seconded by Knight to approve a contract with the Anoka County Sheriff as presented. Motion carried unanimously. KENNEL LICENSE MOTION by Orttel, seconded by Knight to approve a kennel license for Roy Nehrt at 16326 Verdin Street N.W. Motion carried unanimously. TRI-CITY NEWSPAPER The Clerk explained that this is a paper being published in Coon Rapids and Ramsey at the present time. They have agreed to combine Ramsey, Anoka and Andover and to publish a paper at no charge. It is paid for by advertisements. She felt that this could replace the newsletter which hasn't been getting out often enough. MOTION by Lachinski, seconded by Orttel to authorize the City Clerk to utilize the Tri- City Newspaper for publication. Motion carried unanimously. ENGINEER/COON CREEK VIEWERS REPORT Ms. Lindquist stated that according to the Finance Committee at their recent meeting, they sounded agreeable to deleting Red Oaks. The Engineer thought that if Red Oaks and Northwoods are taken out, the rest of the people will have to pay more. Councilman Lachinski didn't feel those two areas should be assessed as they were not permitted to use the ditch. Regular City Council Meeting January 15, 1985 - Minutes Page 7 (COON CREEK VIEWERS REPORT, CONT.) Mayor Windschitl asked the attorney is new plats have to be submitted to the Coon Creek Wa tershed. Mr. Hawkins said only if you are going to discharge into their system and use it. There is an obligation to send them a copy of a plat but we don't have to wait for them to approve it. Mayor Windschitl then noted that the county is trying to figure out how to get water back into Bunker Lake. There may be some willingness to work with us to set up a storm sewer system to get water into the lake. The property to the west of the lake would drain into the lake. Leroy Johnson is in favor of this as it will help with his catfish project. APPROVAL OF CLAIMS MOTION by Ell ing, seconded by Knight to approve checks 9040 through 9073 in the amount of $616,362.78. Motion carried unanimously. MOTION by Elling, seconded by Knight to approve checks 8979 through 9039 for a total of $5,249.84. Motion carried unanimously. MOTION by Orttel, seconded by Lachinski to meet January 22, 1985 at 7:30 P.M. to discuss the landfill, water connection charges and utility budget. Motion carried unanimously. MOTION by Orttel, seconded by Knight to adjourn. Motion carried unanimously. Meeting adjourned at 12:00 midnight. Respectfully submitted, Ú £¿¿; Vicki Volk Acting Recording Secretary