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HomeMy WebLinkAboutCC August 1, 1978 'fry of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 1, 1978 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings - None 5. Legal and Engineering a. Award Contract - Bridges b. Award Contract - Meadowcreek Estates Improvement c. Trunk Sanitary Sewer Charges/Meeting Date d. Variance /Thad Walters e. Special Use Permit/Programmed Lands f. Variance/Chapman g. Special Use Permit/Farrian h. Preliminary Plat/ Pond View i. Easement Vacation/Sonsteby * j. Northwood's Tennis Courts ~ k. Assemblies of God _ Feasibility Study 'e 6. Ordinances and Resolutions - none a. Amendment - Bond Election Resolution 7. Petitions, Requests, Communications a. 8. Reports of Boards, Officers, Committees a. Planning and Zoning Commission b. Volunteer Fire Department c. Personnel Committee 9. Old Business a. Mileage/City Personnel b. Attorney/Legal Questions c. Appointment - Public Works 10. New Business a. Salaries/Council b. Merit Increases /Staff II. Approval of Minutes 12. Approval of Claims 13. Adjournment - --- . . . ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 1, 1978 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on August 1, 1978, 7:30 p.m., 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 Engineers, D. R. Kasma and John Davidson; City Clerk, p. K. Lindquist; and interested residents A~enda Approval MOTION by Lachinski, Seconded by McClure, to approve the Agenda as published with the following additions: Item 5k, Assemblies of God - Feasibility Study; Item 51, Round Lake Boulevard Improvement Project; ;Item 5m, Prairie Road Improvement Project; Item 9c, Appointment - Public Works Person, and Item 6a, Amendment - Bond Election Resolution. Motion carried unanimously. Mr. Kasma introduced Mr. John Davidson and summarized his background and experience. Mr. Davidson will be representing the City of Andover coordinating the engineering work and replacing Mr. Kasma as the backup person. Award Contract _ Brid~es Mr. Davidson reviewed the letter to the Council of August 1, 1978, of the bids received for the Prairie Road and South Coon Creek Drive Bridge Replacement projects, the project financing, and recommendations as to the proper procedure for the project. He also reviewed the City's Municipal State-Aid account noting the total estimated MSA Funds through 1979 to be S447,270, MSA expenditures for both bridge projects and the Prairie Road project from Andover Boulevard to Crosstown Boulevard at S33l,168, leaving the 1979 MSA Balance of $116,102. He also reviewed the costs of future MSA work for the acquisition of the entire Prairie Road right of way and mapping (that portion from Andover Boulevard to Bunker L~ke Boulevard). Mr. Davidson recommended the City send a letter to the Department of Transportation stating the Council's intention to align Prairie Road with the new bridge, but this does not commit the Council to constructing the entire road from Andover to Bunker Lake Boulevard. Mr. Kasma felt there was enough money in the MSA fund to begin right- of-way acquisition for Hanson Boulevard as well as that on the southern portion of Prairie Road. The bridge project does not include bridge approaches on Prairie Road but just enough to protect the peers. Construction schedule is to have the contractor do South Coon Creek Bridge this fall and the Prairie Road bridge over the winter. It would be nice to have the right of way acquired on Prairie ROad so the bridge could be aligned next spring. He suggestèd the entire right of way along that section of Prairie Road be purchased now even if the entire MSA project is not going to be completed right now. With the preliminaries that have already been done, that roadway is pretty well laid out to a precise location. Mr. Kasma also stated that they called MNDot, and the City has received approval from the Assistant State Aid Engineer to award contract. They will send a check to the City for the entire amount of the grant. Regular City Council Meeting August 1, 1978 - Minutes ~p2 (Award Contract - Bridges, Continued) MOTION by Vanderlaan, Seconded by McClure, submitting the following Resolution: A Resolution accepting bids and awarding contract for the construction of Bridge 5703 and Bridge Number 190, South Coon Creek Drive and Prairie Road ... (Awarding bid to Willman Construction Company, total amount $265,396.00) (See Resolution R84-8) Motion carried unanimously. MOTION by Vanderlaan, Seconded by Lachinski, introducing the following Resolution: WHEREAS, the City Of Andover has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for the construction of City Bridge No. 02528 Prairie Road MSAS 101 over Coon Creek and; ... (See Resolution R85-8) Motion carried unanimously. MOTION by MCClure, Seconded by Vanderlaan, introducing the following Resolution: WHEREAS, the City of Andover has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund tor the construction Of City Bridge No. 02529 Coon Creek Drive MSAS 108 over Coon Creek;... (See Resolution R86-8) Motion carried unanimously. (mm: City Clerk will change bridge numbers so they coincide in all Resolutions) MOTION by Vanderlaan, Seconded by Lachinski, that the letter to Commissioner Jim Harrington, State Of Minnesota, Department of Transportation, attached to an August 1, 1978, TKDA memo concerning the City Council's intention to remove deficient in-place bridge, acquire necessary right-of-way, and relocate the roadway onto the new bridge alignment on Prairie Road be approved by the City Council as written; and that the City Council also authorizes the Mayor and City Clerk to sign the aforementioned docu- ment. Motion carried unanimously. MOTION by Vanderlaan, Seconded by McClure, that the City Council authorize the Engineering Firm of TKDA to prepare the necessary contract documents for purposes of submitting for procurement of the MSAS Funds. Motion carried unanimously. Award Contract - Meadowcreek Estates Improvement Project Mr. Davidson reviewed the bids on the Meadowcreek Estates Improvement project, the low bidder being Forest Lake Contracting for a project cost of $207,070 with an alternate bid for salvage and storage of gravel from the site of $1,500. The total project cost, including legal, engineering, and contingencies, is estimated to be $261,945, which is an approximate per lot cost of $2,722. If the $1,500 alternate bid is removed, the per lot cost could probably be reduced by $20. In discussion on the alternate bid for salvaging and storing gravel from the project site, Mr. Davidson stated that 1,000 cubic yards of gravel is estimated on the site bid at $1.50 per cubic yard by the contractor to be salvaged and piled. It would probably cost more than $1.50 a cubic yard plus hauling charges for the City to purchase that gravel from elsewhere. Councilperson Lachinski felt that salvaging material from this project cannot logically be assessed back to the residents. Concerns of the Council about salvaging this gravel were piling it on 135th Avenue, other places it could be piled, the possibility of hauling it directly to the road site instead Of letting it sit, that the analysis regarding the budget has not been computed relative to where the $1,500 is coming from, the cost to spread the gravel, and if the alternate bid is accepted this evening by the Council, whether it can be removed before the salvage operation is instigated. Mr. Davidson felt it contract is awarded tonight, the contractor could begin work in about a week to 10 days. It the alternate is not in the contract, the contractor would waste the gravel and haul it to some location within one mile of the. project. Mr. Kasma stated this money is spread over the bond issue; and City participation levied over the bond issue, would be $100 a year plus interest. Regular City Council Meeting August 1, 1978 - Minutes Page 3 (Award Contract - Meadowcreek Estates Improvement Project, Continued) The Road Improvement Committee was directed to make the cost analysis regarding the salvaging and spreading of the gravel from the project to specific locations and who is going to do the work. The Council will review this on the Thursday, August 10, meeting to decide whether or not to leave the Alternate Bid in the contract. MOTION by Vanderlaan, Seconded by Orttel, introducing the following Resolution: A Resolution accepting bids and awarding contract for the construction of bituminous streets in the west half of the southwest quarter of Section 33, Range 32, Township 34, Meadowcreek Estates ... (Awarding contract to Forest Lake Contracting, Inc., total base bid 3207,070.00 with Alternate Bid of 31,500.00) (See Resolution R87-8) VOTE ON MOTION: YES-McClure, Orttel, Vanderlaan, Windschitlj PRESENT-Lachinski, as he is a resident of Meadowcreek Estates and is directly affected by the project. Motion carried. Trunk Sanitary Sewer Char~es _ Meetin~ Date Mayor Windschitl stated the Finance Committee felt the full Council should have an opportunity to review this. Mr. Kasma is preparing a report showing what will happen to the trunk sanitary sewer charges as it is going up now and what effect would take place if there would be some large developments hooking into it. MOTION by Vanderlaan, Seconded by Orttel, that the City Council add to the Agenda on August 10 Item 5c from the August 1, 1978, Meeting, Trunk Sanitary Sewer Charges discuseion. Motion carried unanimously. Varhnce - Thad Walters MOTION by McClure, Seconded by Vanderlaan, introducing the following Resolution: A Resolution denying a Variance request of Thad Walters to constrct a residence on property in violation of Ordinance 8, Section 6.02 ... (See Resolution R88-8) Motion carried unanimously. Special Use Permit - Pro~rammed Lands Glenn Shaw and Bill Smith represented Programmed Lands. Mayor Windschitl noted the Clerk has checked with the DNR and has been informed that no permits are required inasmuch as the total area is not in excess of 20 acres and there is no public waterway within 300 feet. Also reference a letter from County Engineer Paul Ruud dated July 31, 1978, and a July 28, 1978, letter from TKDA with recommendations for Programmed Lands to follow. Discussion was on the City Engineer's recommendation that the slopes be changed to a final grade of three to one so that the final slopes are maintainable. It was agreed by both Mr. Shaw and the City Engineers that Programmed Lands will provide a three to one slope out to a point approximately six feet below water level. MOTION by Lachinski, Seconded by McClure, introducing a Resolution approving a Special Use Permit for the purpose of mining for Programmed Lands, Inc., in Section 20, Township 32, Range 24 ... (See Resolution R89-8) Motion carried unanimously. Variance - Chapman Attorney Hawkins noted he has read Mr. Babcock's recommendations regarding the Clifford Chapman Variance (Comm. #6-78-4) dated July 31, 1978, but disagrees with the first part of it which states that every lot is buildable. Based on the punctuation of the amend- ment (there are two phrases because of the semicolon separating them and because the published amendment shows it as two separate sentences) and on the intention of the Planning Commission and the Council at that time, Mr. Hawkins interpreted that section Regular City Council Meeting August 1, 1978 - Minutes Page 4 (Variance - Chapman, Continued) in the January 9, 1973, Minutes to provide that every lot was grandfathered in except the area in Chapman's Addition. In his opinion, the exception is applying to the provision that allowed lots of record to not comply with the section of the Ordinance. The intention was not to allow this development to build on every lot. They were trying to rezone it to an R-3 but require that this development build on every other lot. Attorney Hawkins said he didn't understand Mr. Babcock's statement regarding the buildability of Lot M. Discussion was on the interpretations given by Attorneys Hawkins and Babcock, on the events that had taken place at that time, and the intentions of the Board and Planning Commission when the Amendment to Paragraph 3 of Section 7.01 of Ordinance 8 was adopted. MOTION by Lachinski, Seconded by McClure, introducing a Resolution denying the Variance request for Clifford Chpaman to convey a 23-foot strip from one parcel to be attached to an adjoining parcel... (See Resolution R90-8) Motion carried unanimously. Recess at 8:55 p.m.; reconvene at 9:11 p.m. Special Use Permit - Ferrian Mr. Galen Ferrian stated he owns two parcels; however, the Special Use Permit is for only the parcel 172 feet by 263 feet. Attorney Hawkins thought the legal description was the same one used in our pleadings in the lawsuit. The Planning and Zoning Commission recommended a contingency be placed on the Permit that a building be constructed as required under Ordinance 8, Section 3.02 (0000), "Used Auto Parts". In looking at Mr. Ferrian's use, Mr. Hawkin's opinion was it would fall under the definition of Ordinance 8, Section 3.02 (i), "Auto Reduction Yard" -_ a lot, or yard where two or more unlicensed motor vehicles or the remains are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandon- ment -- in that the principal use is to gather unlicenssd motor vehicles and take them apart. There are incidential sales of used auto parts associated, but Mr. Hawkins felt the main purpose would fall under Section i, which doesn't require a building under our Ordinance. It was also his opinion that there is a possible conflict between Ordinance 8 and 9 if Section 0000 is applied as a definition for the business, as Auto Reduction Yard gives a better opportunity and a clearer use that would fall within the Junkyard Ordinance application. Discussion was on exactly what Mr. Ferrian is wanting to do, what he has requested the Special Use Permit for, and on the events that have taken place relative to Mr. Ferrian's request in 1976. Mr. Ferrian stated his business is primarily bringing in junkers, salvaging to rebUlld something that can be sold, with sale of parts occasionally. Mr. Ferrian has already constructed an 8x16 foot building on the parcel. MOTION by Lachinski, Seconded by Orttel, granting a Special Use Permit to Galen Ferrian to operate a junkyard on that portion of Watts Garden Acres in Section 34, Township 32, Range 24, for a time period of two years ... (See Resolution R91-8) Motion carried unanimously. Preliminar~ Plat - Pond View MOTION by Orttel, Seconded by McClure, that the Preliminary Plat of Pond View be referred to the Planning and Zoning Commission for additional consideration. Motion carried unanimously. - - Regular City Council Meeting August 1, 1978 - Minutes Page 5 Easement Vacation - Sonsteby Rosella Sonsteby - read a letter dated August 1, 1978, from Conrad E. Stephanson refuting a statement made at the Planning and Zoning Commission meeting of July 11, 1978, clarifying that he told the Hagens that they no longer use the north border of his property. His intention was to retain use of his property for his use alone. Ms. Sonsteby also read the judge's remarks regarding a motion to dismiss her case coming up denying themotion as it appears that the City of Andover has never accepted the easement as a public street and therefore, the City of Andover is not a party in interest ... Gabriel Giancola, Attorney representin~ the Ha~ens - stated he takes exception with the judge in reference to the pre-trial order because these statements are erroneous. He discussed this matter with the judge this afternoon and felt that the jUdge now agrees with him after he presented Minutes of the meeting in 1941 where it clearly shows there was a Resolution passed where the Town of Grow accepted the easement for road purposes. The judge told him she did not know why she alluded that there was no evidence of this when she did not have any evidence as to whether or not there was a Resolution to this effect, Prior to the commencement of the trial, Mr. Giancola will have motions before the court with reference to the pre-trial order to discuss so that any errors that were made could be considered prior to the commencement of the trial. This action brought by Ms. Sonsteby is reference to a ·trespass or nuisance type of action, and he felt it is in the interest of the City of Andover to police that easement. He felt that the vacation of the easement is not going to be litigated and that it is properly before the Council based on the petition of Ms. Sonsteby. He agrees with the Planning and Zoning Commission's recommendation that the City wants this easement for the purposes set forth. Attorney Hawkins agreed that this would be a publC road, and it would be proper for the Council to act on the request. The Clerk read the Minutes of the Town of Grow on December 12, 1941, where they accepted the road for public use; therefore, it is not an easement as such, but a public road. Ms. Sonsteby - stated the County would prefer to have the road come out on 142nd. She is delaying her preliminary plat for some time. The trespass suit is related to automobiles parked on her lot, on the road easement, and on her 10 feet. Councilperson Lachinski stated the easement is in the precise area that the Road Improvement Committee is recommending that South Coon Creek Drive tie into the crossing over the Rum River proposed to go in just north of the High School. Mr, Ha~en, 14234 Round Lake Boulevard - junk referred to on the easement was that of a friend who smashed the truck and towed it in the easement during the night. It did not belong to him. MOTION by Lachinsk1, Seconded by McClure, a Resolution denying a request for Vacation of Street as made by Rosella Sonsteby .,. (See Resolution R92-8) Motion carried unanimously. Assemblies of God - Feasibility Study Mr. Davidson reviewed his letter of July 28, 1978, relative to the extension of sanitary sewer to the Assemblies of God Church. His recommendation would be that the Church would do all the work under the direction of the City Engineer, pay for it, and that the northerly 80 feet across the entire 495-foot width of the land be dedicated as a public roadway, which correlates with the right of way up to their easterly line. The time factor for the Church at the moment is a benefit for them extending the line to the manhole. When the trunk is extended in the future, if the Church chooses to have another service provided, it can be done at that time without any additional cost. Discussion was on the charges recommended in Mr. Davidson's letter and on getting a more accurate cost figure. Mr. Kasma stated that it is their intention to charge the Church the current uhit rate for this hookup. The unit charge and SAC charge would be collected Regular City Council Meeting August I, 1978 - Minutes Page 6 (Assemblies of God - Feasibility Study, Continued) for every 275 seats. Newspaper accounts have stated the capacity of the Church to be 500 seats. Mr. Davidson calculated that based on 1.8182 units, the SAC unit charge would be $773; the trunk connection charge based on $1,100 per unit would be $2,000; frontage rate based on the current rate of $19 a front foot would be $9,405 for a total connection fee of $12,178. He recommended it not be a public improvement project as a single applicant of record is petitioning for sewer availability and is willing to pay those costs. He hadn't discussed these figures with the Church, but wanted to wait until the Council has made a decision. Mr. Kasma stated he has discovered the property directly west of Meadowcreek Estates is being purchased for development, probably within the next three or four months when all City improvements will be asked for at that time. Based on that information, he felt it would be better to handle this particular sanitary sewer hookup in this fashion and go through the public hearing process in the future for this development and possibly considering extension through Chapman's Addition to Round Lake Boulevard. The Clerk noted that the Church has requested that this be assessed, so the 429 Proceedings must be gone through. However, the Council could adopt a Resolution noting that we are waiving the public hearing because it is a 100-percent request and directing preparation of plans and specifications. Discussion was on the legality and advisability of allowing them to assess the charges. Mr. Kasma stated that it is not economically feasibie to extend the 24-inch trunk line at this time. In lieu of that, we can permit them to make a direct connection at their expense and pay us an equivalent assessment for the privilege of hooking in, and assessi~ it over, a period of time. Attorney Hawkins stated the City can enter into an agreement with the Church that provides for a lump sum immediately, but it would have to apply our assessment policy to them just as to anyone else. It was determined if the Church wishes to pursue this that they be directèd to Attorney Hawkins to enter into anagreement allowing them to hook up to city sewer under the conditions outlined by TKDA with a prepayment schedule not to exceed five years. Attorney Hawkins and the City Clerk were directed to work out some type of agreement by the next regularly scheduled Council meeting. County Road 9 Storm Sewer Discussion Mr. Davidson reviewed his letter of July 28, 1978, of his findings after meeting with representatives from the Cities of Coon Rapids and Anoka and the Anoka County Highway Department relative to oversizing the storm drainage pipe when doing the County Road 9 project south of Bunker Lake Boulevard to take care of the additional storm drainage flow from Chapman's Addition and other areas in Andover. He summarized the difference in costs between taking this method or doing what was originally suggested in the City's Comprehensive Storm Drainage Plan where ponds would be constructed. He explained the two alternatives, listed the advantages of oversizing the county system, and gave the estimated cost to Añdover at this time to participate in the oversizing and the additional future costs. He stated the two alternatives are estimated to cost approximately the same but there are benefits to oversizing the county storm sewer system. The Comprehensive Storm Drainage Plan provides only for the developed area; whereas the plans for over- sizing the county system also include the 100 acres to the west of Chapman's Addition as well. Mr. Davidson recommended that an analysis of the outlet capacity of the wet- lands in Coon Rapids and Anoka be done and that detailed plans for future storm sewer extension be prepared for the entire 120-acre potential development, the cost of which would be part of the initial benefit to the area to be assessed. Mr. Kesma stated Regular City Council Meeting August I, 1978 - Minutes Page 7 (County Road 9 Storm Sewer Discussion, Continued) that because the land is so flat and low, the feasibility study is needed for more precision in draining the water to make sure oversizing the county system would work. Winslow Holasek - felt a pUblic hearing must be held if the costs are going to be assessed to the benefitted property area. He didn't think the City should pick up the costs of the feasibility study for the developer. The developer to the west of Chapman's Addition could be contacted to see if he is interested in participating cost- wise prior to authorizing the feasibility study. Discussion was on other ways to drain the storm water, the flatness and slope of the area, whether the area could be drained to the south, the time problem as the County is presently designing the storm sewer system to let bids this fall and public hearings are needed for Andover residents, the problem of having the City pay for storm sewer design that a developer would normally do without knowing if it will ever be assessed or who it is going to benefit, etc., that the areas to the north and west side of Bunker Lake Boulevard be looked at as determined by land contours, what the additional cost is going to be by not participating with the County now, and the Council's concern of where the money for the feasibility study would be coming from at this time. It was determined tha~~he staff will research the budget to see if funds are available for the feasibility~t ~he engineering firm may contact the developer affected by the matter to see if he would be interested in participating in the cost. It will be placed on the next regularly scheduled Agenda. Prairie Road Discussion MOTION by Lachinski, Seconded by McClure, to add the discussion of Prairie Road to the August 10 Special City Council Meeting Agenda at the Andover City Hall. Motion carried unanimously. Winslow Holasek - stated he and Mr. Kenney Slyzuk are experiencing serious flooding from the ditches¡:and if something isn't done immediately, they will be experiencing some loss out there. The problem is there is abut two to three feet of sediment in the bottom of the ditch. He didn't know what was going to be done about cleaning out the ditches, but he and Mr. Slyzuk want to get it cleaned out now to see if they can alleviate the flooding. Will the contractor clean out the ditch, or must they do it themselves? Mr. Kasma stated he has talked to the contractor about this, and he is willing to hire Forest Lake Contracting to clean out whatever is his responsibility. Mr. Kasma requested to meet with Mr. Holasek and Mr. Slyzuk as soon as possible to get this resolved. He stated the contractor has done all the seeding, mulching, shouldering, etc.¡ and they have called the State Aid Engineer out to make an inspection for final acceptance. Mr. Holasek - stated there is one ditch bank which isn't seeded and some washouts need to be repaired. He requested that when repairing washouts that topsoil be replaced on top of the sand. He also felt for the price of sod that it could be staked to keep it in place. Mr. Kasma also stated the City needs to pay the contractor of the Prairie Road Project, as he did come in in good faith and did his clean-up. This is only a partial payment. The invoice will be added to Payment of Claims this evening. Amendment - Bond Election Resolution MOTION by Lachinski, Seconded by McClure, introducing the following Amendment to the Public Service Building Bond Election Resolution: That the following judges be approved: Precinct No.1: Lois Benson - Chief Judge, -Mary West, Alden Riley, Verna Berggren, Susan Rylander; Precinct No.2: Margaret Wick - Chief JUdge, Gloria Miles, JoAnn Christenianson, Marilyn David, Kathy Green; Either Precinct: Sharon Rzeszutek - Alternate. (See Resolution R93-8) Motion carried unanimously. n ___ Regular City Council Meeting August 1, 1978 - Minutes Page 8 Planning and Zoning Commission Mayor Windschitl noted the Council has copies of the proposed contract with Midwest Planning for assisting with the formulation of the City's Comprehensive Plan. The $8,.500 is not over and above the $5,200 approved previously but is inclusive of it. Because there were some items taken out of the original contract that are included in this contract, Council agreed that those should be revised before discussing this further. The Clerk was directed to revise the contract and to put the item on the next regularly scheduled Council meeting Agenda. Appointment - Public Works After discussion, the applicants for the position were narrowed to Mr. Ponder, Mr. Reimann, and Mr. Sowada. Council discussion was that the applicants are all highly qualified, on the City's need for a Tree Inspector as well for which Mr. Sowada is certified, the probationary period, starting salary, and starting date. MOTION by Vanderlaan, Seconded by Orttel, that the City hire Ray Sowada at a salary $1.5,080 per year with a probationary period of 90 days and that starting date be August 21, 1978. VOTE ON MOTION: YES-LachinSki, Orttel, Vanderlaan, Windschitl; NO-McClure Motion carried. Approval of Claims MOTION by Lachinski, Seconded by McClure, to approve Claims Number 1903 and 1931 through 1962 in the amount of $79,3.52.4.5 from the General Fund. Motion carried unanimously. MOTION by McClure, Seconded by Windschitl, to adjourn. All in favor said aye. Meeting adjourned at 11:32 p.m. RespectfullY submitted, ~~~~~ Marcella A. Peach Recording Secretary -