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HomeMy WebLinkAboutCC November 21, 1978 (fry of JU\fDOVER REGULAR· CITY COUNCIL MEETING - NOVEMBER 21, 1978 AGENDA 1. Call to Order - 7:30 2. Resident Forum 3. Agenda Approval 4. Public Hearings 5. Legal and Engineering a. Rezoning - Conroy b. Preliminary Plat - Rum River Forest c. Preliminary Plat - Kadelac Addition d. Lot Split/Variance - DeGardner e. Variance - Sonsteby f. g. h. 6. Ordinances and Resolutions a. Parking Ordinance Amendment V. Petitions, Requests, Communications a. Coon Rapids Recreation Association-Member 8. Reports of Boards, Committees, Commis sions a. Planning and Zoning Commission b. Park and Recreation Commis sion (1) Comprehensive Park Development Plan (2) Surplus Funds c. Volunteer Fire Department d. Other Committees 9. Unfinished Business a. 10. New Business a. 11. Approval of Minutes 12. Approval of Claims 13. Adjournment · ~ 01 ANDOVER RmULAR CITY COUNCIL MEETING - NOVEMBER 21, 1978 MINUTES The Regular Bi~onthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on November 21, 1978, 7:35 p.m. at the Andover City Hall, 1685 Crosstown Blvd. N.W., Anoka, Minnesota. Councilpersons present: Lachinski, McClure, Orttel and VanderLaan Councilpersons absent: None Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson; City Clerk, P. K. Lindquist; and others Residents Forum Helen Frantz, 16663 Ward Lake Dr. N.W. - complained about the dust problem on Ward Lake Drive and the grading. It is now 10-12" from her driveway to the road. Counci1person Lachinski told her the Road Improvement Committee has a road improvement program set up and there are no plans within the next five years to blacktop Ward Lake Drive. Oil or Class 5 is expensive and any improvements in this area would have to be assessed back to the residents. The City is only able to improve about 1/2 mile of road each year due to its tight budget. Ms. Frantz then mentioned the large amount of traffic on this road and asked that a traffic study be done. She was told a traffic study has been done, but did she think a reduced speed limit would help. She said no, even cars going only 20 mph raise so much dust it wouldn't do any good. She was then invited to attend a road committee meeting to present her problem. Larry Retzlaff, 13958 Nightingale St. N.W. - wondered why Red Oaks and Northwoods haven't been sanded by the City truck since it snowed last week, there is glare ice in spots. The City Clerk, Pat Lindquist, stated the dump truck has a broken hydraulic hose on the sander but expects it to be fixed tonight. LIT. Retzlaff said he counted 8 snow birds in Red Oaks and thought it was about time the County Shaiff started tagging these cars per City Ordinance #33. The City Clerk will advise the deputies to start tagging these cars. Agenda Approval MOTION by Ortte1, seconded by McClure, that the Agenda be approved as published with the deletion of Item 5d, Lot Spli t/Variance - DeGardner and the additions of 5f, McLaughlin Public Hearing; 5g, 141st Ave./Blacktop Settlement; 5h, l!eadowcreek Improvement/Fina1 Payment; 5i, Final Road AcceptancejHawk Ridge; 5j, Authorize TKDA to update feasibility study for Stenquist Add.; 5k, Meeting date/Prairie Road; lOa, Meeting date/Good Value Homes; lOb, Meeting date/Budget; 10c, Probationary Increase-Sowada, 10d, City Flag and 10e, Water Quality "208". Motion carried unanimously. Preliminary Plat - Rum River Forest Mr. Bob Rohy, representing Mr. Berger and his plat, stated the two changes, additional parkland on the river and the previous substandard width in Lot 11, Bl. 1 has been corrected and submitted revised plans to the Council. The parkland dedication is now 11.2 acres, which is approximately .8 acre short. The Council attempted to change lot lines without success in order to gain the total 10% parkland dedication. A dollar amount for the shortage was then discussed at length. Mr. Rohy stated ¡,IT. Berger was out of town and unavailable at this time. He, Mr. Berger, did not mention to Mr. Rohy any figure at Regular City Council Meeting November 21, 1978 - Minutes Page #2 all, therefore, he was not in a position to suggest any dollar amount. It was estimated the parkland on the river, now shown on the latest revised plat, was worth $25-30,000.00. Councilperson Lachinski felt 1!r. Berger had tried his best to meet the Council's requests. The Council shouldn't be trying to make further demands and suggested $1250.00, if 1!r. Berger was agreeable, to be the amount paid in lieu of parkland. Attorney Hawkins said there was no problem in the wording of the resolution to accept the preliminary plat on a contingency that the developer remit the balance of dedication due in the amount of $1250.00. MOTION by Lachinski, seconded by McClure to introduce a Resolution approving the Preliminary Plat of Rum River Forest...(See Resolution #R126-8) Discussion: 1~yor Windschitl thought the figure of $1250.00 was low for river frontage. Councilperson Orttel felt you had to look at the entire plat for a land value, not just land on the river and thought $1250.00 was an above average price in Andover for bare open land. Mayor Windschitl said the City received $2500.00 an acre in Johnson's Field. Counci1person Orttel remarked we received nothing else in Johnson's Field, on Rum River Forest we are getting alot of river frontage plus 11.2 acres of land. Also, it is the developer's responsibility to develop a road for the park; he has double frontage on the park because the road splits it. Counci1person Lachinski thought there should be some special consideration for this plat because of the fact there is 4 acres of parkland on the river and river lots are worth far more than $2500.00 an acre. Councilperson Vander- Laan said the Council doesn't have the alternative of demanding x number of dollars. It is either 10% of the total acreage or money. The money would be based on the assessed valuation of the property. Vote on Motion: Yes - Lachinski, McClure, Orttel, Windschitl; No - VanderLaan. Motion carried on a 4-1 vote. Councilperson VanderLaan commented for the record the unanimous motion passed at the November 9, 1978 City Council meeting clearly stated 10% of the land was to be dedicated for park purposes and she believes the matter should have been handled as per the directive and noted the resolution that passed offers no explanation for the departure from Ordinance #10 regarding the reduced amount of parkland. Mayor Windschitl said there was no departure from Ordinance #10. Attorney Hawkins stated if you have a combination that equals 10%, that is satisfactory under the Ordinance. ~Æayor Windschitl said the record should show the requirements were fulfilled under Ordinance #10. Rezoning - Conroy Steve Ryan, 1lidwest Planning & Research, asked the Council if they wished him to read the report submitted to them regarding this rezoning request. He was told the Council had read the report thoroughly and there would be no need to read it. Mayor Windschit1 then asked the Council if they had any questions. All said no with the exception of Council- person McClure who had a "maybe". 1~yor Wiridschitl questioned the anticipated traffic problem on the west side of Crosstown. Mr. Ryan said he had talked to the County Highway Dept., specifically Mr. Ruud, about it and he said the County would do whatever was necessary to take care of the traffic as it was developed. Mayor Windschit1 asked if that meant they would put in lanes on the west side. Mr. Ryan said yes and they would even put up a stop sign on Crosstown if need be. t~yor Windschit1 remarked he didn't think stop signs on Crosstown were reasonable. He further stated the report alluded to traffic lights, whose responsibility is this, the County, or the City, because they created the problem. Mr. Ryan said the memo he received from Mr. Ruud.was vague on this subject but it does imply some obligation. The traffic control devices may only be stop signs. Mayor Windschitl then read the planner's recommendation for approval of the rezoning for the benefit of the audience. Councilperson McClure expressed concern in that the report does not clearly mention pedestrian traffic. ~!r. Ryan said this was not Regular City Cou.__il Mee. ..g Novem~er 21, 1978 - Minutes Page 3 covered thoroughly because this is not going to be a typical shopper center or a neighborhood business center, but falls somewhere in between. They believe this type of complex will generate very little pedestrian traffic which is why motorized traffic was stressed. MOTION by Orttel, seconded by Lachinski, to introduce a Resolution approving the rezoning request for James Conroy from residential to neighborhood business for that part of the Northeast Quarter of Section 33, Township 32, Range 24...(See Res. #Rl27-8) Motion carried unanimously. Preliminary Plat - Kadelac Addition Mr. Kadelac presented the Council with a revised preliminary plat. The only change was Dahlia St. is now Eidelweiss St. Councilperson Vanderlaan questioned Lot 2, Bl. 3 - there is only 190 front ft. shown which does not meet the 300 ft. minimum. City Engineer, John Davidson, said you could move the lot lines but ~Ær. Kadlec indicated that would put the 20' drainage easement into the center of houses, therefore, he was unwilling to change the lot lines due to the topography of the land. A variance will be needed on Lot 2, Bl. 3, 190 ft. and a variance on Lot 1, Bl. 2 which is 7/100's of an acre short.. Mr. Davidson said when the surveyor actually computes lot distances, it is possible he might be able to pick up 7/100's of an acre. In the discussion that followed, it was the Council's opinion that it would be more advantageous to leave the lot lines as shown which would not interfere with the possible future extension of Eidelweiss St. Noted was an agreement has been reached between ltr. Kadlec and the Park/Recreation Commission to accept $2755.00 in lieu of parkland. MOTION by Lachinski, seconded by Orttel, to enter a Resolution approving the revised ¥rel1mlnary Plat of Kadelac Addition dated November 21, 1978, in Section 9, Twp. 32, Range 24....(See Res. #R128-8) Motion carried unanimously. Break 9:00 p.m. - reconvene 9:20 p.m. Variance - Sonsteby Planning & Zoning Commission Chairman Larry Retzlaff explained originally this variance request was to create two separate parcels, one south of Parcel 1580 and one south of Parcel 1595. The Planning & Zoning Commission looked unfavorably on this as it seemed to be evading the platting ordinance. An alternative was worked out and the Commission has recommended to the City Council a portion of land be added on south of Parcel 1580 thereby creating a larger parcel. Rosella Sonsteby said the Haslips, who own Parcel 158~ asked her if she would sell some of her property south of their lot. They have a one car garage which is 10 ft. from her property line and need a larger one. She further stated they are at the present time parking their cars on her property. Councilperson Vanderlaan alluded to a similar situation in the past where there was some problem with the new legal description in that there had to be two and asked Attorney Hawkins if this would occur in this case. Attorney Hawkins stated problems of that type happen in registered and abstract property and also in platted lots. In this case, it is a metes and bounds legal description and you could combine them under one legal. The variance meets the requirements of Ordinance #40, a lot split. The park dedication could be waived since in this instance you are not creating a new lot, you are Just adding onto an existing one. There was some discussion over whether or not the new legal description attached to the memo dated October 24, 1978 from the Planning & Zoning Commission was correct. Ms. Sonsteby stated she hadn't seen an attorney yet for a new legal description because she didn't want to pay for one and then find out the Council denied her request. A question arose as to whether or not this variance meets the requirements of Ordinance #40 which states the resulting lot cannot be less than 2 1/2 acres. Attorney Hawkins explained Regular City Co· n Mee 'g ·November 21, 19'10 - Minu'_b Page #4 this is an R-) district and the minimum lot size is less than 2 1/2 acres. The resulting lot would far exceed the minimum requirements. MOTION by Orttel, seconded by McClure, that the City Council approve a lot split request under Ordinances 40 and 40A for Rosella Sonsteby on the property described as the West 150 ft. of the East 690 ft. of the North 115 ft. of the Southeast Quarter of the South- west Quarter of Section 29, Twp. )2, Range 24...(See Res. #R129-8). Discussion: Is the above legal description correct? Attorney Hawkins checked it with the half section map and said it looked correct to him. Motion carried unanimously. McLaughlin - Public Hearing MOTION by Orttel, seconded by McClure, entering a Resolution setting a date for a Public Hearing for the assessment for sanitary sewer improvement for Plat #66092, Parcel #4590... December 19, 1978, 8:00 p.m....(See Res. #R130-8). l4lst Ave. - Blacktop Settlement John Davidson explained why the blacktop settled on 141st Ave. Basically the settlement is the result of peat strata compressing laterally under constant pressure of the more dense overburden materials. The Council has received a letter explaining in detail what occurred, why it occurred and alternative corrective measures. They have been monitoring the situation and recommend nothing be done until next Spring to see how much more settling has occurred before deciding what to do about it. They believe perhaps the settlement has subsided and is now stabilized but cannot be sure. Even though the one year guarantee has passed, Northern Contracting has agreed to provide the City with $1,000.00 to help repair it. MOTION by VanderLaan, seconded by McClure, that the City Council accept the recommendation of the City Engineer as stated in the letter dated November 16, 1978 regarding the l41st Ave. N.W. street settlement and the Engineer has recommended that prior to determining corrective work alternatives that the street settlement be monitored for further settlement and that in the Spring of 1979 a judgement be made as to the more applicable of any alternative corrective methods and that a check for the sum of $1,000.00 should be acquired from Northern Contracting and set aside specifically for the repair of the settled section of the street. Motion carried unanimously. Meadowcreek Improvement - Final Payment John Davidson stated they are recommending to accept the street and storm sewer project and make final payment to Forest Lake Contracting in the amount of $26,482.79. He further stated the project is under-assessed approximately $5800.00 due to adjusting the front footages and maintaining the $27.19 per front foot figure. The Council can either hold another assessment hearing before next October 10th and collect the $5800.00 on a supple- mental assessment or obtain the $5800.00 fro~ the interest received on prepayments. They are recommending the City Clerk to continue to invest excess funds in the project account and report to the Council next July the status of recovering the needed funds. Mayor Windschitl felt the bond issue was $5,000 over the actual project cost. He asked Pat Lindquist to do a projection of the differential over the life of the bond to see how much interest it would earn which might possibly make up the $5800.00 - then there would be no need for an additional assessment. This subject will be discussed at a future meeting. MOTION by VanderLaan, seconded by McClure, adopting a Resolution accepting work performed by Forest Lake Contracting for the Improvement of Streets in the West One Half of Sec. )), Twp. 32, Range 24...final payment in the amount of $26,482.79...(See Res. #Rl)1-8). Motion carried unanimously. , ..... Regular City Cot. H Mee .g November 21, 1978 - Alinutes Page #5 Hawk Ridge - Street Acceptance The Engineer has recommended accepting the streets in Hawk Ridge. MOTION by Orttel, seconded by Lachinski, that the City accept the streets in the Hawk Ridge Addition and release the maintenance security deposit to the developer. Motion carried unanimously. Stenquist Update John Davidson stated the agreement last year was $2500.00, $2400.00 of which has been spent. They would like the Council's authorizàtion to update at a figure not to exceed $1500.00. MOTION by Orttel, seconded by McClure that the firm of TKDA be authorized to update the feasibility study at a cost not to exceed $1500.00 for the Stenquist Addition and surround- ing area, the West 1/2 of Sec. 18, Twp. 32, Range 24 and 159th Ave. N.W., east of Oneida to Makah St. and Roanoke St. south of 159th in Sec. 13, Twp. 32, Range 24. The $1500.00 is to include public hearings in connection with the 429 proceedings. Motion carried unanimously. Meeting Date - Prairie Road Mayor Windschitl suggested to tie in the Prairie Road matter with the Good Value Home meeting since Dewey Kasma and John Davidson should be present for both subjects. MOTION by Ortte1, seconded by McClure, to set December 13, 1978 as a date for a meeting on the Prairie Road matter and also as a meeting date with Good Value Homes for discussion on their development plans in the City. Afution carried unanimously. Ordinance #33 Amendment Pat Lindquist stated Ordinance #33A has not been published. As she was typing it up to be pUblished, she realized it was conflicting. MOTION by Orttel, seconded by McClure, that the Ordinance #33 amendment revision be referred to the Planning & Zoning Commission for re-writing. Motion carried unanimously. Meeting Date - Prairie Road & Good Value Homes Mayor Windschitl would like to see the ParkjRecreation Commission and the Planning & Zoning Commission attend the meeting with Good Value Homes. MOTION by Lachinski, seconded by Ortte1, to rescind the motion Councilperson Ortte1 made about the December 13, 1978 meeting date with Good Value Homes and the Prairie Road matter. Motion carried unanimously. MOTION by Lachinski, seconded by Orttel, to set the meeting date for the Prairie Road and Good Value Homes matters for December 11, 1978, 7:30 p.m. at the Andover City Hall. Motion carried unanimously. Coon Rapids Recreation Association The Coon Rapids Recreation Association is looking for someone to research motorbike and snowmobile trails. Regular City C01... _il Mee .g November 21, 197$ - Minutes Page #6 MOTION by Lachinski, seconded by Orttel, to allow the Park/Recreation Commission appoint a member to the Coon Rapids Recreation Association. Motion carried unanimously. Comprehensive Park Development Plan Pat Lindquist researched this subject and reported Midwest Planning & Research has done everything that was in the contract. MOTION by Orttel, seconded by McClure, that the Comprehensive Park Development Plan be adopted as written and amended in the final draft by Midwest Planning & Research. Motion carried unanimously. Park/Recreation Commission - Improvements for City Hall Park Wes Mand, Chairman of the Park/Recreation Commission, stated the Rum River Hockey Assoc. has requested another set of board,to be placed on top of the existing hockey rink as a safety factor. The total cost was estimated to be $921.00 but hopefully this will be cut back somewhat. At the last Council meeting, $1,000.00 was allocated for the change order in the tennis court lighting and an exterior light switching system for the hockey rink. He has since learned the warming house electricity is tied in with the hockey lights. The cost to put an exterior lighting switching system on the hockey lights is too expensive so the Park/Recreation Commission is not considering this at this point in time. He is now requesting the balance of $1,000.00 ($2,000.00 was previously allocated for the Crooked Lake land acquisition out of 1977 "surplus") be spent for improvements on the hockey rink. Mayor Windschi tl thought fencing should be added so pucks couldn't fly over and injure someone. The fencing was estimated to be approximately $300.00. The tennis court change order is $780.00; the boards, $921.00 - there is almost $300.00 left over for the fencing. MOTION by Orttel, seconded by Lachinski, that the $2,000.00 allocated for the Crooked Lake Park Development out of 1977 surplus funds be reallocated in its entirety to be used at the City Hall park site, namely for improvements to the hockey rink and tennis court lighting . Motion carried unanimously. (Note: This motion replaces the motion made on November 9, 1978.) Fire Department Fire Chief Evans wanted to know if any progress has been made with regard to the Finance Committee's researching city policies governing expenditures. Pat Lindquist stated she has a problem with this constantly. By law she can spend up to $1,000.00 without Council authorization. However, if an item is budgeted for between $1,000 and $5,000, does she have to obtain Council approval? Mr. Evans has a problem with bids or quotes - when do you go out for bids and when do you merely ask for quotes. Councilperson McClure, a member of the Finance Committee, stated he overlooked this and had not arranged to set up a meeting. Mayor Windschi tl asked Pat Lindquist to compose a policy governing expenditures and bring it to the Finance Committee for their reviewal. They can then give a formal recommendation to the Council. On the sUbject of the Fire Dept./Public Works building, Mr. Evans has learned that the $1500.00 for TKDA's services and the $5000.00 for the election process will come out of the bond issue. He was under the impression these items would not. 1!r. Evans was advised that all expenses resulting from the bond issue will be paid out of the monies obtained by the issue per City pOlicy. There might be a few exceptions such as the election Judge expense. This money was included under the 15% legal, engineering and administrative costs. Councilperson Vanderlaan likened this situation to the Stenquist project. Event- ually the $2400.00 previously spent will be added into the project cost. Councilperson Lachinski recommended that whatever interest is obtained before the money is spent be Regular City Co. 11 Mee ,g November 21, 1978 - ~Hnutes Page #7 applied toward the cost of the building. Mr. Evans then asked if the Council wanted to discuss the information from the County Attorney and the City Attorney regarding the fire drill. He was told the Council hasn't had a chance to review the information. He further stated he asked the City Clerk to prepare a list of the influential citizens who were concerned about the fire response. Pat Lindquist said since that time all questions regarding the fire department have been referred to Mr. Evans. Building Committee Councilperson McClure, Chairman of the Building Committee, advised Mr. Herr of Bloomberg, Inc. has told him the bids on the building will come in much higher than estimated. The Committee met last night and came up with deduct items they feel they could live without at the present time. They suggest Bloomberg write an addendum for the following deduct items: l. 40 x 44 concrete drive; 2. base cabinets and sink in the training room; 3. closets in the training room; 4. vinyl asbestos tile on the floor; 5. a coat rack wall; 6. three 2 1/2" ball valves and 7. a 2,000 tank. Hopefully all these items need not be cut in order to get the bids close to the estimate. He further stated !!T. Herr has implied the plans as they stand now will come in $10-12,000 over what was estimated. Another deduct could be one bay in the public works section. Councilperson Orttel thought a 2,000 gallon gas tank was much to large in the first place. Comments were made regarding dollar amounts due to the many price lists received from Mr. Evans. MOTION by McClure, seconded by Lachinski, that the Council direct Bloomberg, Inc. to issue an addendum with the following deduct items for the public service building: l. The concrete drive on the south side of the building. 2. The base cabinets and sink in the meeting room. 3. Closets in the meeting room. 4. Vinyl asbestos tile on the floor. 5. Coat rack wall and hardware in the fire station. 6. Three 2 1/2" ball valves. 7. One 2,000 gal. fuel tank. and as an alternate a single product fuel pump vs. the present double product fuel pump. Motion carried unanimously. Meeting Date - Budget MOTION by Lachinski, seconded by tfuClure, to set December 20, 1978 as a meeting date to consider the budget and to take care of matters left over from the December 19, 1978 meeting. Motion carried unanimously. Note: Discussed was setting a meeting date of December 28, 1978 to approve minutes, however, there was no motion to this effect. Pay Increase - Sowada MOTION by Orttel, seconded by McClure to carryover the matter of the probationary salary increase for Ray Sawada to the first regularly scheduled Council meeting in December. Motion carried unanimously. City Flag Councilperson Vanderlaan advised Ron Smith,_who spends a great deal of time at Columbia Arena, told her the arena displays city flags and noted Andover does not have one. He Regular City Co. il Mee .g November 21, 1978 - Minutes Page #8 suggested a contest and is willing to donate $100.00 for the design and making of the flag. Pat Lindquist said the City has two watches, a necklace and a blanket that could be used for prizes if a contest was held. These items were obtained by depositing money in savings accounts. MOTION by Orttel, seconded by McClure, to refer the matter of a City flag to the City Clerk for research. Motion carried unanimously. 208 Review - Water Quality Pat Lindquist advised the deadline for this was October 15th. The Council is unable to take any action. Approval of Claims MOTION by McClure, seconded by Orttel, to approve the following checks: Check numbers 2156 through 2224 totalling $20,904.92 and from the 78-1 Project, Check number 242 in the amount of $26,482.79. Motion carried unanimously. MOTION by McClure, seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned 12:15 a.m. -I ,)1« I l- v/ el