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HomeMy WebLinkAboutCC June 7, 1977 · CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 7, 1977 MINUTES The Re~ular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on June 7, 1977, 7:30 p,m" at the Andover City Hall, 1685 Crosstown Boulevard W~, Anoka, Minnesota, Councilpersons present: Lachinski, McClure, Orttel, VanderLaan Councilpersons absent: None Also present: City Attorney, William G, Hawkins; City Engineer, Rex Stockwell; City Clerk, P, K, Lindquist; and interested residents Resident Forum Dick Schneider, 1343 Andover Boulevard m~ - was concerned about reports on the cost of the sanitary sewer, water, and storm sewer construction in the City. Some say it's so much higher than other cities that there won't be any building going on in Andover, This is a concern to every resident because we need so many hookups a year to avoid an extra tax levy, We already have one white elephant, that being the aerial photos taken last year which will never pay for themselves, Mr, Schneider will have detailed fi~ures for the next meeting, but wondered if any of the Council had heard any complaints, Councilperson Orttel said people have mentioned costs are higher than other cities, but some cities go out on a~ea assessments and some of it is prepaid, Mr, Stockwell explained that Andover is just starting out with a new system and has to project financing for that system, whereas established communities had trunks in existence for some time and have collected adequate money for it, The financing for the city projects have been based on population projections for Andover, Also, lot sizes need to be taken into consideration when comparing costs between cities, Mayor Windschitl then commented that the aerial photos were originally intended for general levy all alon~, Monies received for these aerial photos ·were intended to cover the actual purchase price, but not the interest of the bond, The City hasn't experienced a large project since the maps were done, so there hasn't been much of a chance to determine whether or not these maps will pay for themselves, Winslow H01asek, 1159 Andover Boulevard mv - was concerned about the dumping in the City and what can be done about it, Two weeks ago debris was dumped by a party with elmwood in it, The same type,of debris was dumped a week later, He called the sheriff giving him the license number of the vehicle, but it is someone in South Minneapolis without a phone, Since it was a minor offense, the sheriff wouldn't do anything about this, Councilperson Lachinski said the first party was willing to come out and clean it up, but that debris must have been cleaned up as they couldn't find it, We should find out what happened to that second dumping, M:enda Approval MOTION by Orttel, Seconded by Lachinski, to accept the agenda as written with the exception of Item 8a, Park/Recreation Committee, Motion carried unanimously, I FInal Plans/SpecificatIons - Streets and Storm Sewers (Lund~ren-Oakrid~e) , Mr, Stockwell explained the plans are essentially the same as what as presented at the - Public Hearings with a minor change on the storm sewer system, The length of the pipe for the storm se~er system was decreased to 85 feet, then it comes out Of the ground and the water runs over ground to the ditch, reducing the cost of the storm sewer system by ~2,400. Also, it was determined that the actual drainage area in question at the Hearing Re~ular City Council Meetin~ June 7, 1977 - Minutes Pa~e 2 (Final Plans/Specifications - Lundgren-Oakridge, Continued) was reduced to include only the front yards of those along Eidelweiss, Because of the reduced draina~e area, the cost per square foot was increased slightly, about a cent per square foot, A 20-foot easement on Outlot 1 is also required, which is not figured into the estimated cost, Only one property owner is involved, and no ditch needs to be constructed as there is a natural drainage area there, The discussion concerning this easement was concern on whether this could be acquired in a time period to prevent delay on getting bids and at a cost that would not greatly increase the cost of the storm sewer project, We're trying to get the bids out early enough to get reasonable þrices. Attorney Hawkins explained that before the contract is awarded, the Council will have an idea of how much this easement will cost and can make a final determination on the project at that time, Councilperson McClure expressed concern over the terminology of "Final Plans and Specifications" as the Council is always asked to approve these plans with unknowns and with chan~es pendin~, It was explained that by delaying approval of these"plans, construction costs increase and that the plans are designed the most efficient and economical way possible by the City Engineer, Addendums can be made to these plans to make any necessary changes, and the Council also has the option of terminating a project before awardin~ the final bid should the project become too costly, Mayor Windschitl emphasized the problem is getting a better system of obtaining easements ahead of time to avoid all the delays and to have more accurate figures before making these decisions, Attorney Hawkins explained that it is extremely difficult, as people aren't that agreeable to sit down and talk with you, or they can't be found, or don't return calls, etc. Negotiating for these easements is a long process, The most efficient way would be to condemn all easement property so that within 90 days we would be working on them, The developed cities don't have this problem as they have easements provided in their plats, Mr, Stockwell explained that the earlier in the year you canlget bids out, the lower the bids will be, The three summer months, June, July, and August, are the worst months--June being the better of the three, MOTION by VanderLaan, Seconded by Lachinsk1, that the staff prepare a Resolution indicating the city Council, City of Andover, accept the Final Plans and Specifications as presented by the City Engineer for the improvement of bituminous streets with concrete curb and gutter and storm sewers for 134th Avenue my and Eidelweiss Street N\V in the southeast I quarter of the southeast quarter of Section 33 in the City of Andover; and that the City Council direct the City Clerk to seek public bids as required by law, with such bids to be opened on June 21, 1977, 10:00 A, M" at the Andover City Hall, (Resolution R63-7 Attached) Motion carried unanimously, I Final Plans/Specifications - Sanitary Sewer (Country Estates) I Mr, Stockwell explained that the final plans and specifications are exactly the same as presented previously to the Council, It consists of an 85-foot extension of the sanitary sewer installed in Gladiola Street in 1975 and three services to the proposed three lots, I MOTION by Lachinski, Seconded by Orttel, that we accept the Final Plans and Specifications as presented by the City Engineer for the improvement of Sanitary Sewer in the Country Estates Addition ;in Section 33 in the City of Andover; and direct the City Clerk to seek public bids ,as required by law, with such bids to be opened on June 21, 1977, 9:00 A, M" at the Andover City Hall, (Resolution R64-7 Attached) Motion carried unanimously, Regular City Council Meeting June 7, 1977 - Minutes Page 3 Final Plans/Specifications - Street and Storm Sewers (Lily Street) !~. Stockwell explained that the project consists of a 30-foot wide bituminous street with bituminous birm and storm drainage system at the corporate limit of Andover and Coon Rapids discharging into Crooked Lake, The Coon Rapids' Engineer has made a provisicn for the settlement of solids prior to entering into the lake consisting of an oversized manhole with about a 4-foot sump which decreases the velocity of the water as it goes through the pipe, It is a 21-inch pipe and is the only outlet for the entire project, The biggest problem with a sump manhole is it takes maintenance, But in this situation and with the grade toward the lake, it is the most economical way to drain the water, The manhole will work if it is maintained properly, and Mr, Stockwell assumed Coon Rapids will maintain it, Construction is scheduled to begin around the Fourth of July and the portion in Andover completed by mid-August, A joint powers agreement must still be entered into by both cities, In discussing the project, the greatest concern of the Council was putting any drainage intc the lake, It is unreasonable for Andover to try to keep water out of the lake if Coon Rapids continues to put it in, It was questioned if Andover had any way of controlling that, ~fuat happens 10 or 15 years from now when the lake is polluted? A situation could develop as did in Minneapolis where all storm sewers are being rerouted from the lakes at additional expense to the city and the residents, Should this happen on Crooked Lake, the people are going to be paying for this twice or the City is going to pay for it, Mr, Stockwell explained that because of the lay of the land and because of the limited space and the cost involved for acquiring a ponding area, this sump manhole is the best alternative, He did not know whether or not the City of Coon Rapids intended to use that outlet as a future extension of the rest of the property eventually developed in that area, Concern was also expressed that the manhole filters out the heavier sand and debris, but nutrients don't settle out, The only solution for this problem would be ponding the water, However, there is still going to be SOme drainage of nutrients off yards going directly into the lake, Discussion was also on future storm sewer projects around the lake, the problems involved, and the Comprehensive Storm Sewer Plan for the City, The DNR is the regulatory body for lakes bordered by more than one city, and they should be contacted, It was assumed that the Coon Creek Watershed Board will also reviewi this project. Hr, Stockwell explained that the bituminous curb is considered a temporary street and the road is ~bout 2 feet narrower than our road standards, but recommended that it be constructed as such, Discussion to be continued after a recess, I I Fifteen-minute recess at 8:45, I Ms, Lindquest re~d the minutes of !mrch 17 of the Public Hearing where the Lily Street Project was ordered by the Council, At that meeting, Engineer Kasma stated that the Coon Rapids' Engineer agreed to make provisions for the storm sewer discharge so that it will not go directly into the lake, !~, Stockwell interpreted direct discharge to mean without anylsettlement of solids, The manhole does provide for settling, The Comprehensive Storm Sewer plan for the City done in 1976 provides for the discharge of water from the area just north of Lily Street into a pond north of Bunker Lake Boulevard 1 presently owned by the Church, Mr, Stockwell's personal feeling was that this would be extremely expensive and wouldn't recommend that particular project, Discussion was on whether or not the DNR will look at this project to make sure the settlement would be adequate. Regular City Council Heeting June 7, 1977 - Minutes Pa~e 4 (Final Plans/S~ecifications - Lily street, Continued) HOT ION by Lachinski, Seconded by VanderLaan, to accept Final Plans and Specifications as prepared by the City of Coon Ra~ids; and direct the City of Coon Rapids to proceed, niscussion: Vfuat can Andover do about this situation? It was suggested we pass a Resolution askin~ the DNR to look at the policy of Coon Rapids of draining into the lake and to ~et them to stop it, However, if the DNR refuses and the project is sto~~ed, the residents are hurt because they won't have their street, Also, by allowing this project, we are setting a precedent for all the rest of the area dumping into the lake, However, if the City doesn't participate in the project, the same amount of pollution will still end up in the lake since we don't have the authority to stop Coon Ra~ids from du~ping into the lake, The Lake is a public body of water for the benefit of everybody, and the City has an obligation to protect it, If the City is driving the cost of the project u~ by not allowing drainage into the lake, then the City as a whole has to look at what should be paid for by the City, There is substantial evidence that storm sewers pollute lakes, Councilperson Lachinski felt this should be contingent u~on approval by the DNR because it will give us one more chance to express our concern over what the City of Coon Rapids is doing, AMElTDMENT TO MOTION by McClure, Seconded by Lachinski, that this proposal be accepted by the DNR and/or other a~propriate agencies for the reasons given by Councilperson Lachinski, Discussion: The wording of the amendment, Councilperson HcClure reworded the amendment to: Subject to favorable review and comment by the DNR and/or other appropriate agencies for the reasons given by Councilperson Lachinski, Second still stands, (Resolution R65-7 attached) Discussion continued on a report done around 1970 by a private agency on the assessment of the lake and its condition at that ti~e, !~, Schneider commen1éd that essentially the reuort said the water level was controlled by the ground water table, and the ~round water in the area was polluted, VOTE ON AMENDMENT: Carried unanimously, VOTE ON MOTION: Carried unanimously. 1 Estimates for Survey (Ponds) !1r, Stockwell ex~lained that the survey is needed so negotiations can be made on these ~onds to be obtained, The estimated cost of the survey, staking, and determining the ~roperty description is approximately $2,800 and should be completed within three weeks, MOTION by orttel,1 Seconded by Lachinski, that the City of Andover authorize the firm of Lot Surveys Company to complete the survey work for the proposed storm drainage pon~in the Red Oaks area at a cost not to exceed $2,800, Discussion: !~, Stockwell explained the cos~ may exceed $2,800 because it is difficult to determine actual survey costs. Existing documents haven't been researched yet, Concern was expressed by the Council that it is the obligation of the firm to make a bid to cover all contingencies, Possibly bids should be taken from other firms to see if it could be done at a lower cost; howe~er, this would delay the project further, Motion carried unanimously, Attorney's Reportl- Easement ACQuisitions I 1077-1 Pondin~ area project: Attorney Hawkins explained that 5 parcels have been appraised out of the 11 or 12 to be acquired, They have been appraised at approximately $500 an acre with the exception of one at $300, The land owners have been contacted, and one individual has a~reed to the $500, If no agreements are reached within the next two or three weeks, the decision will have to be made on whether or not to proceed with eminent Re~lar City Council Meeting June 7, 1977 - Hinutes Pa~e 5 (Attorney's Report - Easement Acquisitions, Continued) domain proceedings, Shoul~ these proceedin~s occur, it would be done with all parcels to~ether, and we would be able to utilize the land within 90 days after ~iving notice, Mr, Hawkins felt that the $500 per acre is a reasonable amount and explained that the appraiser, Mr, Allen, has been in the real estate appraisal business for approximately 30 years, has appraised for numerous ~overnmental ggencies, and is very fami¡iar with the land situation in Andover, Mayor Windschitl expressed concern that if this were contested and prices would go up considerably, assessments in Red Oaks would increase further or it would go to the General Fund as it is already an expensive project, Mr, Hawkins also stated that for tax purposes these parcels are assessed at a lower value than this and felt the $500 could be justified in court, Mr, Stockwell explained that the present boundaries of the pond on the Menkveld and Conroy properties have been agreed to by both parties, However, during negotiations, should the land become too expensive, the alternative of putting a ditch through the property and running storm drainage into the Northwoods system is still feasible, Prairie Road Easements: Mr, Hawkins explained that three individuals have not executed easements at this time; however, two of them are very close to an agreement and one, Hr, Holasek, is no where near a settlement, Mr, Allen felt that $6,400 for Mr, Holasek's land baaed on $1,000 an acre was adequate compensation, Mr' Holasek has asked for further compensation for the loss of his trees in the way of the City constructing a fence or a dollar figure of $10,000, Mr, Hawkins felt this was an unreasonable proposal and recommended adopting a resolution for condemnation of Mr, Holasek's 6,4 acres needed for the easement, 1 Winslow Holasek. 1159 Andover Boulevard NW - explained that his first desire would be to see the project dropped completely as he was never in favor of it because of the increased traffic flow, the problems involved with farm equipment crossing the road, the loss of fields, etc, His main concern is that this project opens up the country too much with the 120- to 155-foot wide road, He realized the Council has an obligation to the City; therefore, if the project must go through, he would like adequate compensa- tion for damages, mainly for the loss of trees and the windbreak, He didn't believe Mr, Allen's appraisal was realistic since some 600 trees will be lost and approximately It acres will bel used for a temporary construction easement for the purpose of back- slopin~ on easements. This It acres will not be returned in the same condition as it was given; and because the slopes will be steep, that land can no longer be farmed, Also, there is considerable danger that the loss of the windbreak will cause damages , . to the fields from wind erosion, Mr, Holasek had h~s land appraised by another appraiser yesterday; however, he will not have this estimate_ until the end of this week, He wants to cooperate with the City and to reach- some agreement and doesn't feel eminent domain is the answer, He realized it is difficult to place a value on 600 trees that cannot be replaced in a lifetime, Attorney Hawk1ns explained that for temporary easements, the general figure is 10 percent of the value of the land as a rental of the land for a year, This amounts to approximately $150, Also, the appraisal was done along the edge of the road based on the value of the I land, Mr, Allen indicated that no severance should be paid because it didn't damage the rest of the land, For tax purposes, that land is valued at $850 an acre for 1977, I I In discussing whether or not to delay a decision on this until Mr, Holasek can get the results of his appraiser or whether to proceed with eminent domain procedures, the main concern of the Council was the length of delay that would be caused, Should negotiations break down in the next two weeks and eminent domain proceedings were instituted at the Regular City Council Meeting June 7, 1977 - Minutes Page 6 (Attorney's Report - Easement Acquisitions, Continued) next Council meeting, that additional two weeks would mean that construction could not begin on that section until approximately the end of September, the end of the 9O-day period, Also, under MSAH regulations, if the City is not ready to go by a certain date, the City is penalized by loosing a portion of the MSAH funds, The exact cut- off date for this was not known, A delay in getting bids would also increase the cost, Hr, Holasek stated that he is in agreement with the figure offered for the land; he's asking for damages to his adjacent property and feels this wasn't covered by Hr, Allen's estimate, He wants to cooperate with the City in any way and, with advice from his legal council, might be willing to waive the 90 days, All he wants is what is fair and just for damages, At the original Public Hearings, the people were told if easements could be obtained for a minor amount of monies, no assessments would have to be made to residents along the road, Under condemnation proceedings, the Commissioner's Hearing costs approximately $2,500 and District Court would cost considerably more; and assessments could then be forthcoming, as the City doesn't have the funds for this, Attorney Hawkins expla:in ed that if the Resolution were passed this evening, the proceedings can be dismissed at any time should an agreement be made, It will cost approximately $200 to !300 to initiate the emine~t do~n. prOCeed~gs, ..(:x:..~~ ~?i.Ü! ""J«'M/i.ù - 7'1;,/'1/ MOTION by Lachinski, Seconded by Orttel, to direct Mr, Hawkins to try to get a settle- ment within the next two weeks and bring it back to us at the next Council meeting, Discussion: Councilperson Lachinski explained that he's concerned about the temporary easement and that there has been a breakdown in negotiations, Hr, Hawkins should continue negotiating since Mr, Holasek seems favorable, I1r, Hawk.:in s explained that he offered $1,000 for the temporary easement, which would mean $7,400 for the easements; Mr, Holasek's counterproposal was $16,400, Mr, Hawkins didn't feel he could pay that much more since he has an appraisal to work with, Further discussion was the Council's obligation to get this road done without driving costs up and the question of granting adequate compensation for the loss of Mr, Holasek's land and trees as the temporary easement would not be returned in the same condition as it was received, VOTE ON MOTION: I YES-Lachinski, Orttel; NO-McClure, VanderLaan, Windschitl !lotion failed, I MOTION by VanderLaan, Seconded by McClure, proposing the following Resolution: (~ee attached Resolution R66-7 initiating eminent domain proceedings on the Winslow Holasek property needed for an easement on the Prairie Road Project) Discussion: Councilperson !lcClure expressed a desire that this be negotiated and resolved before going to court, Mayor Windschitl felt that in passing this Resolution, it gives us the necessary time to get construction done this season, There's sufficient time here for Mr~ Holasek to get the figures from his appraiser and to come up with a satisfactory solution, No one wants this to go to court if it can possibly be prevented, !1r, Holasek felt that eminent domain was not the answer and would have to consult his legal council before waiving the 90 days, VOTE ON HOTION: YES-HcClure, VanderLaan, Windschitl; NO-Lachinski, Orttel Motion carried, MOTION by VanderLaan, Seconded by Orttel, that the following items be carried over to the next meeting: Item 6a, Assessment Correction Resolutions; Item 6b, Interim Ordinance; Item 6c, Lot-Split Ordinance; Item 9b, Junkyard Licenses; and Item lla, Approval of Minutes, Motion carried unanimously, Regular City Council Meeting June 7, 1977 - Minutes Page 7 Airport Resolution MOTION by Lachinski, Seconded by McClure, to direct the City Clerk to prepare a Resolution indicating the City's opposition to the proposed airport, and also direct the City Clerk to attend the June 16 Physical Development Committee meeting of the Metropolitan Council, Motion carried unanimously, Mobile Home Permit - Frederickson MOTION by Orttel, Seconded by McClure, that the City Council issue a 90-day temporary Mobile Home Permit to !1rs, Sharon Frederickson contingent on her purchasing a building permit and installing a well and on-site septic system that are up to code prior to occupancy. Motion carried unanimously, Hobile Home Permit _ Brooks HOTION by VanderLaan, Seconded by McClure, that the City Council, City of Andover, anprove a 90-day temporary Mobile Home Permit for Hr, and Mrs, Brooks contingent on their purchasing a building permit and subsequent well and septic system permits and installation of said well and septic system to be connected for use in 'their mobile home prior to occupancy, Motion carried unanimously, Insurance Report - Anoka County Agency I~, Newell Chester, Anoka County Agency, explained the higher cost on the City's in- surance package than was originally quoted, Of the four policies involved, the package policy covering the coverage of the property and the liability was quoted exactly; the automobile policy was quoted exactly; the workmen's compensation policy was quoted on a code classification for maintenance of $2,600 and the policy was written for $10,000, resulting in a $497 increase; and the umbrella policy premium rates have doubled since November, . The total difference comes to $669, the amount in question, Mr, Chester also touched upon two additional areas where the City might want added coverage, Onef the City might ask the County of Anoka to be addedras additional insured to the Police Professional Liability Policy of the County to protect the City if they are sued in conjunction with the false arrest because of a County official, Another area in connection with the contract with the County for police protection, if the enforcement of a City Ordinance turns out to be unconstitutional, there is no insurance to cover this. This would be covered by a Public Official Liability Policy, I to direct the Finance Committee to sit down MOTION by Lachinski, Seconded by VanderLaan, with Newell Chester of Anoka County Agency to discuss the matter of differences in insurance premiums and report back to the Council in two weeks, Motion carried unanimously, I Committee Appointments I MOTION by Lachin~ki, Seconded by McClure, to appoint Jim Minor and Terry Reuter to the Personnel Committee and Michael Lapham to the Crime Prevention Committee, Discussion: Councilperson VanderLaan again expressed her concern that resumes be submitted by all applicants; she is unfamiliar with Mr, Lapham's qualifications, Mayor Windschitl ex- plained he is a student in Crime prevention at a technical college, Councilperson Lachinsk1 stated: that after attending several Of the committee meetings, he's very proud of the people serving on these committees, Ms, Lindquest said she did not impress upon Hr, Lapham that he needed to send in a resume as some of those that were sent in did not give any other information other than name, address, and committee on which they wished to serve, Regular City Council Meeting June 7, 1977 - !1inutes Page 8 (Committee Appointments, Continued) VOTE mr MOTION: YES-Lachinski, HcClure, Orttel, Windschitl; PRESENT-VanderLaan as one of the persons has not forwarded a resume and she would be voting on something she didn't know about, Motion carried, Hayor Windschitl also recommended replacing Mr, Holasek of the Road Improvement Committee from the Capital Improvements Committee with !~, Lloyd Reimann, The Hayor discussed this with Mr, Holasek, who is in agreement since he has not had the time to attend the Capital Improvements Committee meetings, Also, Mr, Holasek would resign from the Road Improve- ments Committee should the condemnation proceedings against his land go to court, as it would create a conflict of interest, Mayor Windschi~ has diSCU~iS pro~e~ ñ- IlJfsek, ~oW-~ snrrul -¡ß,~, ",J,tid6 ú£ <é '!.L'3. _ ~ . . +<IIu.'1 ¡r1 .-Q,~~<. <;..-~6· (.J-. """f:I....,~ MOTION by McClure, Seconded by Windschitl, that Hr, Lloyd Reimann be moved to the Road.~ Improvements Committee representative on the Capital Improvement Committee, ~~ VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan ~" ;n.~ Motion carried, Clerk's Certification School MOTION by Lachinski, Seconded by Orttel, that the City Clerk may attend at her desire the Clerk's Certification School at a cost not to exceed $160 from June 20, 1977, through June 24, 1977, Discussion was on whether or not to include mileage, Councilperson Lachinski felt we are not requiring her to attend and it would benefit her as well as the City, If we pay her tuition as well as her wages, it should be sufficient, Motion carried unanimously. Price on Culverts These culverts Were the ones replaced during the Green Acres Street Improvement, There w~some Questions as to who actually owns them and exactly what the law states in regard to requiring an individual to put in a culvert on public property, This item was continued until Attorney Hawkins could look into this situation further, Payment of Claims I There was a discussion on the City's policy of payment for mileage on official City business for attending meetings, seminars, schools, etc" during the working day, At the moment there is ho specific policy which results in an inconsistent- policy regarding the payment of mileage,.. This is something the Personnel Committee needs to consider, 1 , MOTION by VanderLaan, Seconded by Orttel, to approve Check Humber 1280,through 1310: total amount, $24,186,63, Motion carried unanimously, I MOTION by Lachinski, Seconded by Orttel, to adjourn, Motion carried unanimously, I Meeting adjourned at 11:47 p,m, I I Respectfully submitted, 1/~h1 \\~~~~ Mar lla A, Peach Recording Secretary .