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HomeMy WebLinkAboutCC April 19, 1977 , . CITY of ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 19, 1977 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on April 19, 1977, 7:30 p,~, at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota, Councilpersons present: Lachinski, McClure, Orttel, VanderLaan Councilpersons absent: None Also present: City Attorney, William G, Hawkins; City Engineer, Rex Stockwell, P & Z Chairman, Don Jacobson; City Clerk, P, K, Lindquist; and interested residents, Resident Forum Steve Nokk, 2857 167th Lane - Asked if the City has had a reply from the Metropolitan Council regarding the letter sent asking for information about the airport search site located in Andover, (Yes, At this point, the airport search area will be included in the Systems Statement since it is the Metro Council's official policy, The Metropolitan Airports Commission is revising their section of the Airport Guide Chapter, and they will be holding Public Hearings sometime in October to determine whether or not Andover will remain an airport search area or whether the area will be reduced,) Dick Schneider, 1343 Andover Boulevard NW - Asked what is being done about the SAC charge and what information has been gathered on it, (Attorney Hawkins is drafting a Resolution recommending that we will not remit any more SAC charges in areas that will not be served by sanitary sewers, Mr, Hawkins felt there is no legal basis for imposing these charges, These charges will be placed in an escrow account,) Mr, Schneider also asked how we stand on the bridge funding that we applied for, (Mr, Stockwell stated we are in the final process of submitting final plans on both bridges, We've received approval from Coon Creek Watershed Board on Prairie Road but not on the Sonth Coon Creek Drive bridge yet; however, we do anticipate approval shortly,) A.<:enda Approval MOTION by Orttel, Seconded by Lachinski, to approve the April 19 agenda as written adding Item~ ,5c, No, 3, Updating of Engineering Matters and Item 6a, Amendments to Assessment Resolution No, 89-6, Motion carried unanimously, I Barnes Rollin.<: Oaks Second Addition Mr, JaCObson,! Chairman of the Planning and Zoning Commission, explained that the plat has been revised from 3 ponds to 2 ponds with a larger capacity than the original three, This still meets with the Coon Creek Watershed Board requirements, The Planning and Zoning Commission recommended that the plat be accepted based on two conditions: 1) The 50-foo't drainage easement bordering the Burlington Northern property should be 100 feet; and 2) Prairie Roád should be deeded to the City of Andover prior to the deeded plat, I This should amount to 20 to 25 feet when the final center line is determined, Attorney Hawkins stated that this property has been deeded already, and Mr, Barnes stated that the plat does provide the 100-foot easement asked for, There is no pond in the park area; however, it is currently a wetland which will receive some drainage off the streets and off Prairie Road, Attorney Hawkins reminded the City that it is the City's responsibility to maintain these ponds once the development is completed, Regular City Council Meeting April 19, 1977 - Minutes Page 2 MOTION by Lachinski, Seconded by McClurs, that the City Council approve the preliminary plat of Barnes Rolling Oaks, Second Addition, Motion carried unanimously, Rum River Plan Discussion Mr, Dale Holmuth from the DNR explained the proposed plan for designating the Rum River as a Wild and Scenic River, He also provided the Council with a draft of the Plan for their review, In 1974 the State Legislature authorized the DNR to do a study of the Rum River. A Citizen's Advisory Committee was formed which made recommendations as to the designations of the wild and scenic areas on the river, In December, 1976, the Advisory Committee voted on what they thought should go into the final pla~ and all their recommendations Were incorporated into this draft. According to the DNR, the designation of the Rum River as a Wild and Scenic River is essential because there are 13 separate local units of government with authority over the river, and their land ordinances vary widely; and because the population along the river is increasing. From 1960 to 1970 the population in all the cities and townships along the river increased 25 percent, and the four-county area is expected to double in the next 25 years, This development creates erosion problems because of the sandy soil, water quality problems, and with the increase in canoe registrations, the potential problem from over-recreational uSe on the river, The DNR is attempting to solve and to prevent these problems by preserving the Rum River by classifying it as Wild, Scenic, or Recreational in various areas. The area of the river in Andover would be designated as a Scenic River, which means it must have no impoundments and must be largely undeveloped and possess an over- all natural character, A Scenic Area can mean the purchase of approximately 7,000 acres along the river, That is paying the landowners not to change their property, The land stays on the tax rolls, but he is restricted from developing his property, No trails are being planned or developed, The local areas can develop trails with Local and Stab approval, but it would be violating so many laws and contracts that it would be virtually impossible to do, The DNA is also recommending the purchasing and development of 13 additional State canoe sites along the river and the development of 7 sites on already PUblic-ownedlland. No water surface regulations are being suggested at this time, Mr, Holmuth's recommendation was that the Council review this plan carefully to see if there are any existing or potential conflicts with the existing community plans, Public Informational Meetings are being held now, and suggested changes to the plan will be made if they 'are good and can be legally done, Official Public Hearings will be , scheduled sometime in July, An independent Hearing Examiner will hear both the DNR side and anyone else's testimony, He makes a recommendation to the Commissioner of DNR, and then the ¡Commissioner makes a decision as to whether or not it should be adopted. The Anoka County Parks Department gave the DNR a map showing the regional park proposed in Andover, They have been planning this park for some time, The purchase of scenic easements will be based upon the estimated market value of the land. One of the rights that the landowners can sell is the right to have another easement condemned on that scenic area'J If the DNR buys a scenic easement, which doesn't take away his ownership of that land it also prevents other easements from being put across that scenic area, This can also be specifically included in the scenic easement contract with the individual landowners, From a tax standpoint, it's up to the local assessor how he wants to view that land, If the land being bought is a residential property and he sells it for I scenic area, he would not be able to uSe it for residential property; therefore, he should get a tax break, Generally, the scenic easements will keep the tax rates on the land from going up as fast as adjacent lands without scenic easements, Regular City Council Meeting April 19, 1977 - Minutes Page 3 (Rum River Plan Discussion continued) Some of the development controls of the land when it is designated Scenic are a minimum lot size of 4 acres, a minimum lot width of 250 feet at the water line and the building line, all structures to be set back 150 feet from the edge of the river and 30 feet from any bluff line beyond the normal high water line (at that point where the slope becomes less than 12 percent), zoning requirements requiring a perculation test and soil borings done prior to the installation of a sewage system, and the same thing done to all plats prior to approval, It also prohibits building on areas that slope more than 12 percent unless it can be proved it will not cause erosion, and vegetative cutting regulations prohibiting the clear cutting of trees over four inches in diameter within 150 feet of the river or w1thin 50 feet of the bluff line. ~~ees under 4 inches in diameter can be clear cut, At present there are three river classified as Wild and Scenic River __ the Kettle, part of the !tlssiss1ppi from st, Cloud to Anoka, anà the North Fork of the Crow, 'two other sections of rivers are also being considered for classification at this time. sanitary Landfill Discussion Mr, Robert Hutchinson from the Anoka County Health Department explained the background of the landfill, In summary, Anoka County has jurisdiction over the solid waste disposal facilities in the area, The landfill is licensed by the County and is renewed annually in July, In May, 1975, Ronald Roth incorporated the 114-acre landfill site and several other businesses into the Melron, Inc. It has recently been discovered that Hr, Roth has violated his contract with the County because he filled some areas to a higher elevation than what the County authorized, In somecplaces the height exceeds 6 to 12 feet more than what he said he was going to do, Mr, Roth submitted an addendum in February to provide for contour changes, The County doesn't see any big problem with this; however, there is concern over the final use of the land, What is going to be done with the property when the landfill is full? Original plans state it will be made into a Park, but nothing is said as to who will develop the park, whether it will be private or public, etc, The City should have the opportunity to comment on it as the final use of the property affects the City directly, Also, if it is going to be made into a park, t~e trees should probably be left standing and should not be filled up close to the trunks, In the Northwest quarter of the landfill, there are quite a few trees which ar~ currently approved by the County to be removed, Mr, Roth is permitted to fill to just behind the shed, which would be completely visible from Crosstown , Boulevard. The Council felt it shouldn't be coming so close to the road, Original Plans call for the landfill to be terminated in 1983, The latest County estimation is that it will be full by 1980 to 1982, One of the limiting factors is , ~oin~ to be co~er material, Mr, Roth can't operate without it, Andover has no particular deadline in which to comment on this; however, the County has 90 days to act on Hr, , " Roth's addendum, The concern of the City has always been what will that landfill do , to the environment, Also, that the height does not exceed the tree line and that the trees not be cut down, The City can demand a more substantial envir~nmental impact study other than the wells añd testing that is going on now. At the rate the landfill is presently filling up, the refuse decomposing and filtering through the ground will eventually contaminate the underground water table, The only thing that can be done is , to lengthen the amount of time it takes to fill up the landfill, It has been determimed I that the slope of the ground water is toward Coon Creek so it shouldn't affect wells in , I the Red Oaks !ånor area, Monitoring has indicated that the ground water to the North has not yet exceeded the soil environment~snatural ability to cope with it. Monitoring will continue for 5 years after termination; and if contamination is found, the P&A has authority for the ground water cleanup, PCA has recently signed an agreement with the operator to include sampling of the creek, Regular City Council Meeting April 19, 1977 - Minutes Page 4 (Sanitary Landfill Discussion continued) The City working with the owner can better establish the final use of the property. An attempt might be made to enter into a contract with the owner to provide funds for the development of the property after it is terminated, though at the rate the landfill is filling up, it might be full before any amount of monies could collect in an escrow account. This matter could easily be incorporated with the Park Board's Comprehensive Park Plan, The matter will be sent to the Park Board for review and then attempt to schedule a meeting of the Council, The Park Board, Mr. Roth, and Mr. Hutchinson to discussion this further, Recess for 15 minutes at 8:52, Street Im~rovements - Lund~en Oakrid~e The City of Coon Rapids did not order the improvement of 133rd Avenue NW, the common street between Andover and Coon Rapids, Coon Rapids felt that the project costs exceeded what they thought was the benefit. The portion of the project within the City of Andov~ is 134th Avenue NW (Crooked Lake Boulevard to Eidelweiss Street) and Eidelweiss Street (133rd Avenue to 134th Avenue). Mr, Stockwell summarized the proposed alternate projects, their costs, and his recommendations for the project. If 133rd Avenue is done in the future, Andover will have only one lot that would be assessable, For Andover to improve 133rd Avenue without the aid of Coon Rapids, the cost to all residents in the project would be $22.15 per foot. It was recommended that a Public Hearing be held to inform the citizens of the present situation, I MOTION by McClure, Seconded by Orttel, that the City of Andover, County Of Anoka, State of Minnesota, a Resolution ordering the Public Hearing for the Improvements of Streets and Storm Sewer on Eidelweiss Street and 134th Avenue in the Lundgren .,Oakridge Addition in Section 33, Township 32, Range 24, in the City of Andover. (See attached Resolution R48-7 ) Discussion: The City of Coon Rapids did not hold a Public Hearing. The decision was made at a City Council meeting. Motion reworded by McClure to: "City of Coon Rapids did consider the project at a Council meeting of said Improvement, and..," in place of "City of Coon Rapids did conduct a Public Hearing", Orttel's second still stands, Discussion: Should the people on 133rd Avenue be included in the Public , Hearing? The only choice would then be to assess Andover residents for that entire , street; and we would be paying for Coon Rapid's street, The only alternative for future consideration would again approach the City of Coon Rapids, or combine it with the Gladiola Project and again charge a higher price, or City participation on the street. Motion carried unanimously, I Petition for Im~rovements - Country Estates I Mr, Tempel has petitioned for the improvement of sanitary sewer and bituminous street I surfacing and agreed to waive his right to a public hearing. He also made an Escrow Deposit of $2,000, Mr, Stockwell reviewed the project, the costs, and his recommenda- tions, Resolutions are needed for the variance from the bituminous streets and ordering , final plans and specifications for the Improvement of Sanitary Sewer Service to those , lots in Country Estates, I I MOTION by Orttel, Seconded by McClure, introducing the Resolution granting the variance from the provision of Ordinance No, 10 in adopted City Street Standards for the Sub- division of Country Estates in Section 33 in the City of Andover, (See attached Resolution R49-7) Motion carried unanimously, Regular City Council Meeting April 19, 1977 - Minutes Page 5 [ MOTION by Orttel, Seconded by McClure, that the City Council, City of Andover, hereby resolves final plans and specifications to be prepared by the City Engineer for the Improvement of Sanitary Sewer to service lots in the subdivisions of Country Estates (See attached Resolution R50-7) Motion carried unanimously, Update of En~ineerin~ Matters Mr, Stockwell informed the Council on the progress on several projects in the City, 1) Prairie Road - Final plans are expected to be completed and presented to the Counc~ at the May 3 meeting, The plans will then be submitted to the State. Right of way plans have already been submitted to the State. Project construction is estimated to begin some time in June, 2) Street and Storm Sewer Project for Northwoods and Red Oaks Manor Addition - Final plans for Northwoods are completed and are about 3/4 done for Red Oaks. He doesn't anticipate any problem, The Northeast pond adjacent to the landfill could be a potential problem with ground water, TKDA will meet with the PCA to see what can be done. Appraisals are currently being obtained for the land needed for the ponds. The three ponding areas involves approximately 16 landowners, 3) Bridges on South Coon Creek Drive and Prairie Road - Currently in the process of submitting final plans and State funding is anticipated. A portion of the construction will have to be included in our State Aid allotment. This would be for, the approach fills and for the purchase of the right of way for the Prairie Road Bridge, [ 4) Storm Drainage Plan - TKDA is in the process of making the final review of the plan and will be submitting a tentative plan to the Council in May. The final draft will have to be approved by the Coon Creek Watershed Board, 5) The Engineer Of the Coon Creek Watershed asked if , he could use the topography maps which the City has completed within the Coon Creek Watershed District inside the City of Andover for, a comprehensive study of the drainage area of the creek, The City policy is $10 an acre, for reproducing the maps; however, the area involved is 9,600 acres, making the cost prohibitive, But the City shouldn't give these maps away either as we have to recover the costs involved, Because of the expense involved, the Council felt we need to take a protective attitude toward the maps, The $10 is based on the projected platted area in the past 5 year~ assuming these maps would be sold to developers, , It was suggested we give them a print rather than a reproducible copy, An analysis should be made as to what they are attempting to do to Andover, Mr, Stockwell doubted they would refly the area and do it themselves as it is very expensive and they would use the old USDS maps that have 10-foot intervals rather than our 2-foot intervals. He felt the reason they are asking for our maps is to get more detail and get a better , understanding of what's happening. Mr. Stockwell was directed to put together some , type of proposal for the Coon Creek Watershed Board, Amendments to ~he Assessment Resolution 89-6 I A resolutimn is needed correcting an error in the preparation of the assessment roll showing one lot to have no assessment and another having double assessment because the two parcels were given the same code number, [ I MOTION by Vand~rLaan, Seconded by Orttel, proposing the following resolution: The City of Andover, County of Anoka, State of Minnesota, A Resolution amending the Assessment Roll Resolution No, R89-6 covering Sanitary Sewer, Storm Sewer, Streets and curb and Gutter Improvement known as 1976-1, Anoka County #14 (See attached Resolution R51-7) Motion carried unanimously, ~ Regular City Council Meeting A~ril 19, 1977 - Minutes Page 6 [ A Resolution is needed to correct the assessment roll where an error in posting caused a pre-paid assessment to be certified as unpaid, MOTION by VanderLaan, Seconded by McClure, to adopt the following Resolution: City of Andover, County of Anoka, State of Minnesota, A Resolution Amending the Assessment Roll Resolution R89-6 covering Sanitary Sewer, Storm Sewer, Streets and Curb and Gutter Improvement known as 1976-1, Anoka County #14 (See attached Resolution R52-7) Motion carried unanimously, Vacation of Easement - Sonsteby MOTION by Orttel, Seconded by McClure, that the Vacation of a 33-foot Easement through the Sonsteby property be referred to the Planning and Zoning Commission for their recommendation, Motion carried unanimously, Temporary Mobile Home Permit - McGlenn MOTION by Orttel, Seconded by McClure, a Resolution granting a temporary Mobile Home Permit to Russell McGlenn, (See attached Resolution R53-7) Motion carried unanimously, MOTION by Orttel, Seconded by McClure, to continue Items 8a, 1 and 2, to the next regularly scheduled City Council meeting, Motion carried unanimously, Maintenance Contract - Kraabel [ Most of the complaints from residents on grading the roads is that instead of crowning the roads, the soil is being pushed to the sides, In some caseS this even makes it difficult for residents to enter their driveways, Mr, Kraabel explained that because of the extremely dry weather last year it was impossible to pull the dirt back to the middle of the road because there is nothing there to hold it together, It is just powder; and if I it is dry again this summer, the City will see the same problem, Mr, Kraabel explained that something shouldre_put on the road once it is crowned to hold it together--Class 5 gravel, for example, Mr, Kraabel also explained that he tries to keep his services between Andover and Ham Lake impartial, Ham Lake doesn't have as many roads needing service as does Andover, Mr, Kraabel and the Council discussed the possibility of having two blades in the City at the same time which would mean that the City ~ould be getting faster service, This will be negotiated further be- tween Mr, Kraabel, the City Clerk, and the Road Supervisor, I MOTION by Orttel, Seconded by Lachinski, that the City Council enter into the revised contract with the Burton Kraabel Construction Company for maintenance of the City , streets, and move that the Mayor and Clerk execute the same, Motion carried unanimously, I Metro Council tiason I At the last Council meeting a motion was made selecting two Councilpersons and two p & Z members to a committee to recommend an individual to represent Andover in matters , of Metropolitan significance, N<fiJcmirþermn was appointed and no motion was made approving the Mayor's recommended appointments, Discussion was on what type of representative [ should be considered (a planner or an arbitrator) and exactly what this representative will be doing for the City (to help with our Comprehensive Plan or to help us negotiate after the plan is completed), Regular City Council Meeting April 19, 1977 - Minutes Page 7 [ (Metro Council Liason continued) Councilperson Lachinski felt it should be someone, once firm policies are established, who can interchange our thoughts with the Metro Council and do it on a level which is much more meaningful--someone who had expertise in this area, A person of this type probably would be working on an hourly basis and working at the discretion of the Council, As far as implementing the plan, we need someone who can tell us what we have to do relative to the demands placed upon us, Councilperson VanderLaan felt direct interchange of ideas such as what was done with the Metro Council representatives on April 7 is the most effective means of communica- tion, She questioned what this person would do for the City at this time, Councilperson Orttel felt the meeting with the Metro Council was more of a dissemination of information rather than a real interchange of ideas, and that is why we need some- one to negotiate to get some of these things straightened out, Councilperson McClure was under the impression that there might be somebody with more expertise to drive home our point in the formation stage of the guidelines because of the lack of expertise on our part, Councilperson VanderLaan explained that the Systems Statement is not negotiable, It's merely a reflection of what the Metro Council has already decided, The negotiable situation is after the Systems Statement, Then it is very likely the City Council may want to be more forceful and may want to talk about having a type of professional situation, But the wait-and-see attitude is best instead of spending money now, It's not yet been clearly defined to us what is happening to us, The proposal to spend [ dollars now for a liason person is a kind of fear reaction, Let the Metro Council speak to us; then we can respond, Councilperson'Lachinski's personal opinion is that the wait-and-see attitude is not a good one. A person of this type would negotiate some of the substantial problems we have like the airport (we have to know what's going on about this), the lot size in the rural area -- policy things to decide, For example, how can we spend money on the proposed Comprehensive Park Plan if it's going to be in the middle of an airport? We need someone with expertise that can tell us what our next move is going to be, I Councilperson ,Orttel explained the main thing bothering him was the airport situation, It's like an election with no other person running--there's no other site being considered, There has to be some information on this, He suspects things are being proposed that have no real basis in fact and questions whether they have a basis in , the law, That's where someone that is familiar enough with this Act and familiar , enough with the planning process can challenge these specific items that are going over our heads. I Mayor Windschitl felt that at some point someone will be needed and that the P & Z should be the ,body making these decisions; however, the Council would have final authority, Also, there are many studies that need to be done for the Metro Council that can only be done by a planner, I Councilperson Orttel stated the planning assistance that we will need is very obvious, , When we do enter revisions to the plan, we are going to have to have some engineering I people with a planning background, He didn't feel that that is what the motion was for, He felt it was for something other than strictly a technical planner. , Regular City Council Meeting April 19, 1977 - Minutes Page 8 (Metro Council Liason continued) Councilperson McClure felt the person or firm should be an individual to stand before the Metro Council to argue our case, A planner is not what he had in mind either, MOTION by Lachinski, Seconded by Orttel, to rescind that motion of April 5 relative to a~pointing a Select Committee of 2 Council and 2 Planning and Zoning Commission members to recommend an appropriate individual to represent Andover in matters of Metropolitan Significance, VOTE: YES-Lachinski, Orttel, VanderLaan, Windschitl; NO-McClure Motion carried, MOTION by Windschitl, Seconded by Orttel, to direct the Planning and Zoning Commission to recommend an appropriate individual and/or planning firm who would represent and/or assist Andover in matters relating to the revision and implementation of the Comprehen- sive Development Plan, VOTE: YES-Lachinski, Orttel, VanderLaan, Windschitl; NO-McClure Motion carried, Additional Committee Ap~ointments MOTION by Orttel, Seconded by Lachinski, that the City Council approve the addition of the following people to the following committees: Dean Lips to the Fire Protection Committee, and Larry Carlson and John Ward to the Personnel Committee, VOTE: YES-Lachinski, McClure, Orttel, Windschitl; PRESENT-VanderLaan Motion carried, A~~roval of Minutes March 1, 1977:1 Page 1: these items are to be put on Page 2, 4thlline down:--license required (sp) Page 2, 2nd and 6th lines from bottom: standpipe (sp) Page 10: torrens (sp) Page 10, above torrens: Change to: When originally presented to the Planning and I Zoning Commission, it was included in the Park Plan, Page 9, 3 lines from bottom: Aztec (sp) April 5, 1977: Page 6, third paragraph beginning with Councilperson VanderLaan: delete everything after the semicolon, Page 9: ALÁlNON (sp) I MOTION by Orttel, Seconded by Lachinski, to approve the March 1, 1977, and April 5, 1977, minutes with corrections as noted, Motion carried unanimously, I Ap~roval of Claims I There was a discussion on Claim Number 1220 as to whether the claim for mileage to a seminiar attended by a P1anning~~d'Zoning Commission member should be paid, The original Council motion included a lump sum of $140 to be used by the P & Z, and it , . Regular City Council Meeting April 19, 1977 - !Jinutes Page 9 (Approval of Claims continued) did not specifically say what that sum was to be used for, Paying for the mileage would not exceed the $140 sum, MOTION by Orttel, Seconded by VanderLaan, that the Claim Number 1220 to Commissioner Retzlaff in the amount of $35,60 be paid, AMENDMENT TO THE MOTION by VanderLaan, Seconded by Orttel, note that the City Council in preparation and approval of the expenditure did not differentiate between mileage and registration fees and that the total number of dollars expended by the Planning and Zoning Commission for these seminars did not exceed the amount allowed by the City Council, VOTE ON THE AMENDMENT: YES-Orttel, VanderLaan Windschitl; ND.Lachinski, McClure Motion carried, VOTE ON TIlE MOTION: Carried unanimously MOTION by Orttel, Seconded by McClure, that Claims Number 1227 through 1249 in the amount of $24,312,56 be approved, Motion carried unanimously, MOTION by Lachinski, Seconded by McClure, to adjourn, Motion carried unanimously, Meeting adjourned at 11:25 p,m, Respectfully submitted, "~~~~ Marcella A, Peach - --.-