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HomeMy WebLinkAboutCC September 4, 1979 ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING-SEPTEMBER 4, 1979 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings - None 5. Legal and Engineering a. Hanson Boulevard Extension b. Vacation of Easement/Sonsteby * c. Change Order-Stenquist Addition * d. Valley View Addition/Street Acceptance * e. Lund's Evergreen Estates/Street Acceptance *f. Set Hearing Date/Stenquist Assessments 6. Ordinances and Resolutions * a. Clarification/Lot Split Ordinance 7. Petitions, Requests, Communications a. 8. Reports of Committees, Commissions, Boards a. Planning and Zoning Commission b. Volunteer Fire Department c. d. 9. Old Business a. 10. New Business * a. Authorization/Merrill Lynch-Investments * b. Appointment to Finance Committee 11. Approval of Minutes 12. Approval of Claims 13. Adjournment *Items not included on published agenda , , ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 4, 1979 MINUTES The Resular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on September 4, 1979, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present: City Engineer, John Davidson; City Clerk, P. K. Lindquist; and interested residents Resident Forum -- Fire Chief Bob Palmer stated he has witnessed dump trucks going into the dump in the evenings;ohowever, he hasn't gotten a license number. Councilman Peach suggested the Sheriff's Department be asked to monitor the area. Chief Palmer also felt that it is difficult to enforce the parking ordinance because of the lack of enforcement officers and felt parked cars would create a problem particularly for plowing in the winter. Mayor Windschitl explained the ordinance does allow the City to tag parked vehicles and have them removed, which is something that couldn't be done in the past. Agenda Approval MOTION by Lachinski, Seconded by Peach, to approve the Agenda with the following additlons to the published Agenda: Item Sc, Change Order - Stenquist Addition; Item Sd, Valley View Addition/Street Acceptance; Item Se, Lund's Evergreen Estates/Street Acceptance; Item Sf, Set Hearing Date/Stenquist Assessments; Item Sg, Wastewater Systems Facilities; Item Sh, Crosswalk Striping at Crosstown and Bunker; Item Si, Hahn and Mickle Drainage Problems; Item 6a, Clarification/Lot Split Ordinance; Item lOa, Authorization/Merrill Lynch-Investments; lOb, Appointment to Finance Committee; and 10c, Rezoning of the Urban Service Area. Motion carried unanimously. Hanson Boulevard Extension Engineer Davidson reviewed the Report to the Andover City Council on the Extension of Hanson Boulevard, MSAH No. 110, Commission No. 7149, explaining the alternate routes available for that extension. Mayor Windschitl stated looking at future traffic, the straight stretch (Alternate No.1 proposal) is a more desirable alternative plus it opens up the through traffic a lot better. Discussion was on the soils conditions for the Alternate No.1 proposal. Mr. Davidson stated that apparently the County would be amenable to doing the soil analysis in that regard. He also explained that the easements are owned by NSP and United Power and the road would basically be running between those lines over easements that belong to the ground-lease owner. The power companies only have easements to construct powerlines, and the City would have to buy easements from the underlying owners along the route. Mr. Davidson also stated the County prefers the straight route because of the future extension. General feeling of the Council was that the Alternate No.1 proposal was the most desirable alternate and that easement for the extension between Bunker and Andover Boulevards should be acqùired at this time. MOTION by Orttel, Seconded by Peach, that the City Council accept and recommend the allgnment known as Alternate No. 1 for Hanson Boulevard Extension from the City line to Andover Boulevard, and authorize the Engineer and Attorney to proceed with easement acquisition. Motion carried unanimously. Regular City Council Meeting September 4, 1979 - Minutes Page 2 (Hanson Boulevard Extension, Continued) MOTION by Orttel, Seconded by Peach, that the City Council adopt alignment what is known as Alternate No. 1 for Hanson Boulevard from Aodover Boulevard northwards to Crosstown, northwards to County State Aid Highway No. 20, and request the County to conduct the necessary soil borings and surveying of the property. Motion carried unanimously. Vacation of Easement/Sonsteby MOTION by Orttel, Seconded by Jacobson, that pursuant to request of Rosella Sonsteby that the vacation of the street easement requested by her be continued to the October 2 meeting. Discussion: Questioned why this vacation request keeps coming back every year. The Clerk explained there is no provision that says she cannot re-apply for the vacation of an easement after a one-year period of time. The court order on this easement states that it shall be available for ingress and egress. She also explained that due to a description gap, it has been discovered that there is a 20-foot strip of land between the end of the easement and Round Lake Boulevard which belongs to Ms. Sonsteby. Motion carried unanimously. Change Order - Stenquist Addition Engineer Oavidson explained that on 162nd there is a buried high pressure gasline at a depth that would not allow for ditch excavation without exposing that gasline. They have changed the road design only for that block to an urban street design (32- foot bituminous surface with birm) to eliminate ditches. The excavation quantities would be credited to the contract plus the driveway culverts; however, going to the urban section relates to a higher cost because of additional width of blacktop and additional storm pipe required to drain the low area. The net increase is approximately $4,000. Council generally felt that because the roadway in question services a maximum of six residences, that the width of the road should remain the 24-foot width, which is the width of the other streets in the project. After further deliberation, the Engineer determined that by remaining at the 24-foot width with birm, there would be no change in the cost of the project. MOTION by Orttel, Seconded by Lachinski, that that portion of 162nd Avenue in Stenquist Addltlon where the gas line in the ditch section prohibits a rural street section be changed to 24-foot wide urban section because of the gas pipe located in the ditch area. Discussion: The Engineer will prepare another chang! order, and it will show no change in the contract amount. Motion carried unanimously. Mr. Davidson reported he has talked to the cOntractor for the Stenquist Addition project today. The contractor has had problems on his present job, particularly because of the wet weather. The completion date of this project in the contract is September 8, and he has not even begun the project yet. Nor has he complied with the requirement to submit a written request for an extension of time 30 days prior to the completion date. The contractor assured Mr. Davidson that there will be a crew working in Stenquist Addition tomorrow. Mr. Davidson recommended cooperating with the contractor at this point; however, Council should consider using the leverage of liquidated damages to assure that this project is done next and that it be done within a reasonable length of time, which Mr. Davidson estimated was three to four weeks. Council generally felt that this project should be completed within this construction season. Valley View Addition/Street Acceptance Mr. Davldson stated that no one was able to point to a specific site where trees, stumps, etc., were alleged to be buried. There were a couple erosion areas that were discharging storm water around some rip rap; and Mr. Davidson assumed that was taken care of. If it isn't corrected, it would still be under the one-year maintenance bond. Regular City Council Meeting September 4, 1979 - Minutes Page 3 (Valley View Addition/Street Acceptance, Continued) MOTION by Jacobson, Seconded by Orttel, that the City of Andover accept the street for maintenance purposes in the Valley View Estates Second Addition contingent upon the developer posting with the City a $2,000 maintenance bond for the time period of one year. Motion carried unanimously. Lund's Evergreen Estates/Street Acceptance Ms. Lindquist stated it was her understanding that Mr. Lund had requested that we simply decrease the Letter of Credit he has posted with the City to the amount of $2,500, which is l~ times the work estimated to be done. The Letter of Credit expires December 31; but a one-year maintenance bond is required. Ms. Lindquist stated that the Attorney has advised that a maintenance bond be accepted at this time rather than the Letter of Credit to avoid any difficulties in the future. The Engineer recommended that this item be held over as inspection of the roads has shown that there is still some work to be completed. MOTION by Peach, Seconded by Orttel, that Lund's Evergreen Estates street acceptance be continued to the second regular meeting in September. Motion carried unanimously. Set Hearing Date/Stenquist Assessments Council discussion was that to date no work has been done on this project; that if assessments are not levied this year, the interest on the bonds that is required to be paid next year could be borrowed from General Funds, but that amount would be offset with interest received by investing the bond money; setting a hearing at this time runs into the possibility of having an auxiliary assessment hearing if something went wrong in the project; and by moving this item to the first meeting in November, the project should be close to finished. Mr. Davidson noted that by using the new side- yard credit for assessment, the credit in Stenquist Addition comes to 224 feet and the estimated front-foot cost increases to $18.20. MOTION by Orttel, Seconded by Peach, that we defer the matter of setting the hearing date for the Stenquist assessment to the first regular Council meeting in November. Motion carried unanimously. Wastewater Systems Facilities (Reference September 4, 1979, letter from TKDA relative to Wastewater Systems Facilities) Mr. Davidson explained that the application must be submitted by Dctober 29, 1979. Since the 1980 budget is beBH8 ~Eepared, he felt the estimated $2,500 as the City's share for doing this study/ e ~ nsidered. He explained that EPA requirements are that the Metropolitan Waste Control Commission have a system established for on-site system evaluation and analysis with some kind of on-going program to take care of on- site disposals. The study done for MWCC indicated that eight subdivisions in Andover have failed to meet the guidelines of satisfactory on-site systems, as they have inadequate drainfields and three subdivisions have smaller lot sizes than the criteria. There were seven characteristics used to determine the adequacy of the on-site systems. At this point, MWCC has done a cursory look at each subdivision of each city and has taken those subdivisions which in a broad character don't meet the criteria. The only way to determine if a system is designed inadequately to meet present MPC standards is to actually have some evidence of what each house has. TKDA was not at the hearing relative to this sUbject because of short notice. Mr. Davidson had turned the matter over to their Environmental Section; and apparently they had attended the wrong meeting that evening. Council expressed confusion as to exactly what was expected from the City. Mr. Davidson explained that each city will be given sufficient planning funds to study these areas that may have potential problems. They aren't saying that there is a Regular City Council Meeting September 4, 1979 - Minutes Page 4 (Wastewater Systems Facilities, Continued) problem at this point, but that the potential problems should be studied. The report may come back negative. This is a federally imposed requirement on Metropolitan Waste Control Commission; because unless they address the problem, EPA grants and funds would not be provided them. This study is imposed on any community that has any rural designated areas where they have on-site septic systems. The first phase of this study is the planning stage, the second is the preparation of necessary elements to address the problem if there is any, and thirdly the funding. The City has a choice of who they want to hire to do the study. Council questioned the solution, should there be a problem; questioned if the systems installed would not meet current standards, would they have to be replaced and who pays for it. Mr. Davidson stated the study would show which systems were built under the old standards; they are talking about a system that is nonconforming with existing ordinances, which is WPC 40. Mayor Windschitl stated that would be any house built in the City before April, 1972. Council questioned why a system which works well needs to be replaced. The City does have a sewer ordinance and has a way of dealing with systems as they become defective, which was felt should be appropriate for this study. It was decided that the Council will give this subject more thought and will decide how much money to allocate at the budget meeting. Mr. Davidson agreed to prepare the necessary application for funds at no cost. The Clerk was also directed to investigate this entire matter further as to the exact meaning of this study. This will be on the next Agenda for further discussion. Striping at Crosstown and Bunker Mr. Davidson reported that he has requested the County to put crosswalk marks at the corner of Crosstown and Bunker and at Crosstown and 138th, plus requested a traffic study. Council noted that there were lines there but they have now worn off. Mr. Davidson will contact the County Engineer tomorrow about this matter. Hahn and Mickles Drainage Problems Council discussion was first on the problem by the Dave Hahn property at the intersection of Blackfoot and 174th. Councilman Lachinski explained that the Public Works Department had installed a pipe and felt that the water problem is now solved. Mr. Davidson stated they have looked at the pipe that was installed and felt that it is not adequate and not a safe installation, as the pipe is cantilevered out over the water. He felt the weight of the water will bring the pipe down and felt the answer is probably a drop flume. TKDA would be glad to work with the Public Works Department on this problem. Ms. Lindquist stated she viewed the area last week and has talked with Mr. Hahn. During the last rain, the pipe did work but now his problem is the road is still washing into his yard 10 to 15 feet beyond the right of way line. There was a lengthy debate on how the problem should be solved with such suggestions that the road coming down the hill be vacated; that railroad ties or some retaining wall be built to keep sand from washing into the Hahn yard; installing the catch basin and pipe using a big enough culvert so the sand washes through; that if the pipe protruding is a dangerous situation, that it should be angled down to the water and anchored; and debated temporary versus permanent solution to the problem and the costs of each. MOTION by Orttel, Seconded by Peach, that the cantilevered culvert section on Dave Hahn property be referred to TKDA and for TKDA to work in conjunction with the Street Department to correct the unsafe situation that exists; and further that Ray Sowada come back with a report on how to alleviate the sand washing on Dave Hahn's front yard. Discussion: Mr. Davidson felt that the least costly method might be to put Regular City Council Meeting September 4, 1979 - Minutes Page 5 (Hahn and Mickles Drainage Problems, Continued) in an elbow on the pipe and tie it down on both sides. Councilman Lachinski stated that for the amount of money that has already been spent on this problem, we could have paid for the manhole and putting the pipe in at a lower elevation. VOTE ON MOTION: YES-Orttel, Peach, Windschitl; NO-Jacobson, Lachinski Motion carried. Councilman Lachinski's reason for voting no is that he felt that we're looking at trying to fix it on a temporary basis again. He felt that this probably will result in another failure and anything we do temporarily will also end up in failure. Councilman Jacobson stated he'd rather see the Engineer go out and say here's what it takes, and here's the dollar amount to permanently solve the problem. He didn't want to see this done only temporarily. Councilman Orttel stated we already have that in the feasibility study when this project was discussed at a public hearing, and we don't have the money to do it on a permanent basis. Also, the system that is in there now is working fine now. So why are we going to tear out what we just put in? Mr. Davidson stated if there is going to be a substantial expenditure of funds, he would report to the Council first. Going into a manhole-drop situation, you are talking about $2,000 to $3,000. It is TKDA's opinion that the length of the cantilevered pipe unsupported lent itself to a failure. MOTION by Windschitl, Seconded by Jacobson, that we reconsider the previous motion. D1Scussion: Councilman Jacobson still felt that correcting the unsafe condition with a drop flume is still a temporary solution, and he felt it should be done correctly. Mr. Davidson stated going the temporary solution is the least costly, but at some point there will be improvements to the streets and a permanent solution can be addressed. VOTE ON MOTION: YES-Jacobson, Lachinski, Windschitl; NO-Orttel, Peach Motion carried. Further discussion was on a solution to the problem debating whether the existing pipe should be removed or just angled down to the river and anchored or have TKDA come back with a cost estimate of a permanent solution to the problem. MOTION by Lachinski, Seconded by Jacobson, that TKDA provide a cost estimate on the lnstallation of a proper drainage on the Dave Hahn property. Discussion: Mr. Davidson stated if there is a matter of reconsideration of design, they could go into a lesser design than was previously proposed. He was not familiar with the proposal in the feasibility study done for this area. Council again debated solution of the problem. VOTE ON MOTION: YES-Jacobson, Lachinski, Windschitl; NO-Orttel, Peach Motion carried. Council discussed the Allen W. Mickle Complaint, 17130 Navajo Street, of water erosion off Navajo onto his property. Council viewed pictures alleging the washout and soil erosion. Councilman Lachinski reported the Road Improvement Committee discussed this problem and felt that this was a natural drainage area, Mr. Mickle built his house there, and that if his yard were sodded, there would not be a problem. He also referenced Mr. Sowada's memo of August 31, 1979, in which Mr. Sowada stated he felt it is the City's responsibility. The developer put a spillway there because it is a natural drainage/lowpoint. Mr. Davidson stated that he has viewed the area in question and stated the topsoil in the area was removed when the house was built. He felt that the problem was self-imposed. He didn't feel it was a major problem and that seeding the area would solve the erosion. Mayor Windschilt questioned if the City could repair a natural drainage, as this appears to be, on private property. It was suggested that the plat be reviewed to Regular City Council Meeting September 4, 1979 - Minutes Page 6 (Hahn and Mickles Drainage Problems, Continued) see if a natural drainage area is shown through that area. Council generally agreed to have the area looked at to make a determination as to whether the problem was created by the City or if it was self-imposed. MOTION by Peach, Seconded by Orttel, that TKDA be directed to review Mr. Mickle's complaint and report back to the Council. Motion carried unanimously. Recess at 9:26; reconvene at 9:39 p.m. Clarification/Lot Split Ordinance Council discussion was on the Clerk's recommendation that the word "platted" be inserted in the Lot Split Ordinance approved by the Council on August 23, 1979. MOTION by Jacobson, Seconded by Orttel, that we reconsider Council's action taken on 23rd of August, 1979, on the Ordinance No. 40B, Lot Split Ordinance. Motion carried unanimously. MOTION by Jacobson, Seconded by Orttel, Ordinance No. 40B on the typed copy, change Sectlon 1, Definitions to read as follows: A residential lot split is any division of a lot, parcel, or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimums for platted lots in the applicable zoning district. VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Windschitl;NO-Peach Motion carried. MOTION by Jacobson, Seconded by Lachinski, that the City Council, City of Andover, accept Ordinance No. 40B, An Ordinance amending Ordinance No. 40 and Ordinance No. 40A, exactly the same language as appears on page 6 of the Council Meeting of August 23, 1979, under the second Motion. Motion carried unanimously. Volunteer Fire Department Fire Chief Bob Palmer stated that money in the budget is low for the repair of the trucks, and he requested a budget transfer from Building Rental and Printing to Maintenance. MOTION by Orttel, Seconded by Peach, that Printing and Building Rental funds in the ~lre Department Budget be allowed to be reallocated to Vehicle Maintenance. Motion carried unanimously. Chief Palmer also reported that the first new Fire Truck should be on the assembly line at General Safety and hopefully will be delivered in October. Discussion was on a salary for the Fire Chief and Fire Marshall and the pension fund for the Fire Department. It was felt that a decision on these items needs to be made soon. It was requested that the Fire Department provide a written report on their recommendation for the method of payment for the Fire Marshall and recommendations on the Relief Association, including their proposed point system for compensation for fire fighters, vesting schedule, etc. Rules Committee Report Councilman Jacobson reported the Committee met prior to this evening's meeting. It is the Committee's recommendation that to speed up the process when dealing with new ordinances, the following procedure be used: That the Planning and Zoning Commission draft a copy of the ordinance; that draft copy would be given to the Council and read at a meeting as a first reading. There would be no Council discussion at that point but each Councilmember would hand written comments to the P & Z. The P & Z would Regular ;City Council Meeting September 4, 1979 - Minutes Page 7 (Rules Committee Report, Continued) review those comments, finalize the Ordinance and make a recommendation to the Council. It would appear on the Agenda as the second reading of the Ordinance and Council would have three to five minutes to discuss changes or problems followed with a 10- to lS-minute general conversation about the Ordinance. At that point the Council either passes the Ordinance or refers it back to the P & Z with suggested changes. Council discussion was on the pros and cons of the recommended procedure; that philosophical problems are difficult to relate in a written note; suggested possibly special meetings be held to deal only with ordinance when they occur; that the Committee is wanting to avoid discussing the same problem at more than one meeting; discussed other alternatives of handling ordinances; suggested that each concern be accumulated in the record; suggested that at the first reading there should be the three- to five-minute comment from Councilmembers; and expressed some concern over referring it back to the P & Z and the role of the P & Z. Council generally agreed to try the following procedure when acting on the next ordinance: Councilmembers make comments for three to five minutes at the first reading of the Ordinance. At the second reading, the Council will be provided with a consolidated list of concerns rather than sending the ordinance back to the P & Z. If that doesn't save time, then try having written comments and referring the ordinance back to the Planning Commission at the first reading. Authorization/Merrill Lynch - Investments Council discussion was on the Clerk's request to use the services of Merrill Lynch whenever a better rate can be secured for investments of 30 days or less. This is for $100,000 minimum, and they are Treasury Bills. The Clerk stated that for any investment over 30 days, there is a better interest rate in Anoka. After discussion, the Council requested the Clerk to investigate the investment services of some of the other major banks in the area -- Northwest National Banks in Minneapolis and St. Paul, First National Banks in St. Paul and Minneapolis, etc. MOTION by Jacobson, Seconded by Orttel, that we authorize the Clerk to investigate wlth other financial institutions the investing of City funds for a period of 30 days or less and return to the Council with the information gained so that Council can make a determination on which financial institution would offer the best rate of interest on the City's money. Motion carried unanimously. Appointment to Finance Committee MOTION by Peach, Seconded by Orttel, that Ron Buckhouse at 13828 Quinn Street NW be apPolnted to the Andover Finance Committee. Motion carried unanimously. Rezoning of Urban Service District Council discussion was on the concerns that some areas in the urban services district are zoned R-l, which means they can be platted into 2\-acre lots. Council generally felt this was an undesirable situation, especially in view of future sewer extension and obtaining the maximum benefit out of the line. Further discussion noted that there are means of limiting building in the R-3 zone until the sewer is available; that the intent is not to speed up the extension of sewer but to provide for its use when it is there; and that by having R-4 zoning, the City can require the developer to put in the cross-streets, the installation of the underground sewer pipe, and concrete curb and streets, and at such time as the interceptor line is there, it is simply hooked into the installed pipe in that development. The Engineer noted another alternative would be to schedule the orderly extension of the sewer line and not allow development on land within the urban service district until such time that Regular City Council Meeting September 4, 1979 - Minutes Page 8 (Rezoning or Urban Service District, Continued) the sewer line is available to that area. Council expressed concern over those areas alleged to be in the developing process in the R-l district within the urban service area and suggested a moratorium on building in the R-l district within the urban service district until a rezoning can be accomplished. Implementing a moratorium requires an approval of such an ordinance, which needs to be initiated by the P & Z. MOTION by Orttel, Seconded by Lachinski, that the Council direct the Planning and Lonlng Commission to review the feasibility of rezoning the urban service area to eliminate large-lot subdivision and other uses that may jeopardize the orderly extension of public utilities; and that the Planning Commission consider a moratorium ordinance as an interim measure in all urban services areas not zoned R-3, R-4, or R-S to protect the urban service plan, and also that the Planning and Zoning Commission consider the creation of a new industrial zoning in the urban service area. Motion carried unanimously. Mayor Windschitl - My vote was not in conflict of interest as the only property I own in the urban service area is already carrying the R-4 zone. Meeting with Engineer Engineer Davidson requested meeting with the Council to discuss engineering services, problems, unfinished items, etc. MOTION by Jacobson, Seconded by Peach, to set the 20th of September as the meeting date with the City's Engineering firm. Motion carried unanimously. Approval of Minutes May 1, 1979: Page 1, third line from bottom: Change to: ...had pictures allegedly showing wind erosion... Page 1, last paragraph, third line, ...are eroding badly. Mr. Holasek is alleging that the erosion is continuing into his field... Page 4, third paragraph, 9th line, change to: ...to the Physical Development Committee by the Metropolitan Council, which is not... August 8, 1979: Correct as written. August 21, 1979: Page 6, 14 lines down: combining (sp) Page 5, paragraph on Wobegon Woods, change to: ...neglected to call two weeks before the expiration to allow the developer to request extension. The developer is having problems getting the abstract current... Page 8, Second paragraph, change to: Mayor Windschitl also expressed concern over the validity (not the restriction) of motorized vehicles in parks... ...no camping areas have been designated in the City parks as this would prevent the Boy Scouts from using a park for an overnight outing... August 23, 1979: Correct as written MOTION by Orttel, Seconded by Peach, the approval of Minutes from May 1, August 8, August 21, and August 23 as amended. Motion carried unanimously. Regular City Council Meeting September 4, 1979 - Minutes Page 9 Approval of Claims MOTION by Jacobson, Seconded by Orttel, that the City approve Claims from Checks Number 2679 through 2685 in the amount of $12,377.81. Motion carried unanimously. MOTION by Orttel, Seconded by Peach, to adjourn. Motion carried unanimously. Meeting adjourned at 10:54 p.m. Respectfully submitt ~~each Recordlng Secretary