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HomeMy WebLinkAboutCC April 1, 1980 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 1, 1980 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Crooked Lake Boat Landing b. Rezoning - Urban Service Area c. Lot Split - E. Olson d. Special Use Permit - R. Roth e. Ordinance/Smoke Detectors f. g. 5. Non-Discussion Items a. Resolutions/Bond Sale (1979-2, 1980-1) b. Resolutions/Equipment Bonds c. Meeting Date/Comprehensive Development Plan d. Meeting Date/Interviews, Staff Engineer Applicants e. f. 6. Reports of Commissions, Committees, Boards a. Planning & Zoning Commission b. Park & Recreation Commission c. Volunteer Fire Department d. Other Committees 7. Approval of Minutes 8. Approval of Claims 9. Adjournment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING APRIL 1, 1980 MINUTES The Regular Bi-Monthly meeting of the Andover City Council was called to order by Mayor Jerry Winds chit 1 at 7:30 P.M. on Tuesday, April 1, 1980 at the Andover City Hall, 1685 Cross- town Boulevard N.W., Anoka, Minnesota. Councilmen Present: Orttel, Lachinski, Jacobson Councilmen Absent: Peach Also Present: City Attorney, Bill Hawkins; City Engineers, John Davidson and Mark Schumacher; City Clerk, P. K. Lindquist; City Financial Consultant, King Forness; P&Z Chairman, d'Arcy Bosell; Park Board Chairman, Wes Mand; interested residents. RESIDENT FORUM No one appeared for this item. AGENDA APPROVAL MOTION by Orttel, Seconded by Jacobson, that the agenda be approved as published with the addition of items 4f., Discussion on the feasibility report on the Southwest area; 4g., Test Boring Agreement; 4h., Feasibility Report on l38th Avenue N.W.; and 6d., Set up Hazardous Waste Committee. Motion carried unanimously. hvrION by Jacobson, Seconded by Lachinski that we suspend the rules for tonight. Motion carried unanimously. RESOLUTIONS/BOND SALE (1979-2, 1980-1) King Forness, the City's Financial Consultant, appeared for this item. Mr. Forness emphasized that the city should order the bond sale this evening. In the event the legislature does not pass the tax bill; the bonds can be cancelled. He suggested we take bids at the May 6 Council meeting. MOTION by Jacobsen, Seconded by Orttel, that we lay the item of the bond sale bids over to the next regularly scheduled meeting on April 15, 1980. In the interim, we direct the City Engineer to recalculate the proposed costs for Xenia Street, Genie Drive, et al and run calculations based on 10%, 11% and 12% interest rates for bonding to come up with some new front footage numbers and that we hold the informal public meeting for that area on April 15, 1980. Councilman Jacobson modified the Motion to read, next regularly scheduled meeting and/or the option of the Mayor and City Clerk to set the time at an earlier date. Motion carried on a 4 yes, 1 absent vote. CROOKED LAKE BOAT LANDING Mayor Windschitl explained to the audience that the DNR would like to acquire three parcels on .' , north end of Crooked Lake and create a boat landing with 7 parking places. Our City Council . _ with the Coon Rapids City Council and basically agreed with Coon Rapids. The proposal had been to use Crooked Lake School as parking. We should ask the school to restrict parking of cars with trailers because of the number of children attending summer school and the ability for more boats to get on the lake. OVernight camping should not be permitted within the park site. Regular City Counci' ,eting April 1, 1980 Page 2 The DNR and the Coon Rapids City Council felt it should be open 18 hours a day; our feeling is ~~at the early starts in the mornings are not in the interest of the residents. The DNR has 3ted that if they have an approved launch area, they will stock the lake; if they don't have an approved area, they will not stock it. The general feeling was that the lake will be surface zoned only if there is a need. Councilman Jacobson asked about aeration systems - who puts them in and how expensive they are. Del Barber, DNR, stated he did not know the cost and that the DNR does not have the money to buy any. Generally, the municipality installs them. Mayor Windschitl stated that it would be the DNR's option if the lake froze out, as to what type of stocking they would do. Del Barber explained that the more severe the freeze out, the smaller fry you can stock. If you get a partial kill, you have to stock larger fish. Councilman Jacobson questioned whether the DNR would still stock the lake if an aeration system is not installed. Del Barber said they would. Councilman Lachinski asked if the Park Board had figured out any costs for the removal of the buildings on the three lots. Wes Mand, Park Board Chairman stated that the buildings will be sold on sealed bids. Whoever buys ·the buildings has the responsibility of removing them and restoring the site to its original state. If the buildings are not sold, they will be demolished on site. ~harlie Vieman - asked what size aeration system was being talked about. Wes Mand stated that aeration system has not been proposed for the lake yet. The water quality is improving and ~.le lake has not frozen for ten years. Dean Seelen, 4680 - l47th Lane N.W. - Asked what was meant by surface zoning. Mayor Windschitl explained that the people on the lake don't feel they have a problem now. Anoka County could enact an ordinance that would restrict the size of motors, the number of boats on the lake or any other provisions they felt necessary to control. Lyle Dunn, 2261 - l39th Avenue N.W. - Asked if a lake this size could handle the 7 boats plus the residents that now use the lake. Mike Markell, DNR - Stated that studies have shown that a power boat with a skier will take up 20 acres of lake surface. On a 200 acre lake you could have 10 boats with skiers. The power boats will be using the lake in the late morning and early afternoon while fishermen would be using it in the early morning and late evening. Most of the lakes in the Metropolitan area don't have any zoning and they don't have any problems. Alexander Kopiecki, 4325 - l47th Lane N.W. - Noted that the water table in the lake is dropping. Asked whether this was a seasonal thing or an ongoing process. Mark Schumacher, T.K.D.A. ~ explained that Crooked Lake did have a problem with a low water table. Coon Rapids had constructed a dam on Coon Creek which diverted the water into a ditch and then into the lake. This was stopped by the DNR and the Coon Creek Watershed. Discussion centered on the number of hours that the landing would be open. The DNR stated that " it was their landing, it would be open 24 hours a day; however, the agreement states 18 hours. for Windschit1 objected to the landing being opened at 4:00 in the morning. He stated that the City should have the authority to control the hours, so that the City could shorten the hours or close the landing in case of an emergency such as excessive noise. He would like to see the Regular City Counci' ,eting April 1, 1980 Page 3 landing open the same hours as our parks, which is 6:00 a.m. to 11:00 p.m. ~ncilman Jacobson felt it should be open from 5:00 a.m. to 11:00 p.m. Councilman Lachinski asked that the term "emergency" be defined in the agreement. Councilman Orttel felt we would have more problems later at night than early in the morning. We should cater more to the fisherman. Councilman Lachinski recommended that the agreement read: That the access shall be open 18 hours a day except when it has been determined by the City of Andover that shorter hours would be required to avoid a nuisance problem. The DNR's attorney will draft this statement into the agreement. This item will be continued to the next meeting. REZONING/URBAN SERVICE AREA Mayor Windschitl explained that at a previous meeting, the Council drew a line from County 116 to Round Lake and said that anything East of the line would be served by the Coon Rapids Inter- ceptor and anything West would be served by the CAB Interceptor. He stated that the following items would be discussed this evening: The capacity that we have in the CAB System; Timeframe of the CAB system; Expansion of the Urban Service Area to the railroad tracks and north to City Hall. The Council will make a final decision on the rezoning at a meeting on April 24, 1980. Mayor Windschitl emphasized the fact that no one has approached the city with a request to put in a trailer court. There were two requests for rezoning property to R-5 (trailer courts) when were Grow Township. The Town Board approved one (40 acres) and denied the other (140 acres). ..1e people who were denied took it to the Supreme Court who ruled that we must issue a Special Use Permit for a trailer court when sewer becomes available. Lee Warneka, 14791 Blackfoot Street N.W. - argued that the Special Use Permit specifies that only sanitary sewer must be available, not water. Bill Hawkins stated that our ordinance on trailer parks states both sewer and water must be available. (Recess taken from 8:50 P.M. to 9:07 P.M.) Engineer Davidson reviewed a memo from Lee Starr of the Metropolitan Council summarizing the March 24th CAB Committee meeting. He stated that T.K.D.A. recommends that the city retain as much of the CAB Interceptor capacity that has been allocated to us. Diane Doolittle, 4301 - l44th Lane N.W. - Asked if we had to rezone the area she lives in so that we could bring the CAB in. (Mayor Windschitl explained that the CAB and the rezoning are two completely different items.) Karen Ames, 4310 - 144th Lane N.W. - stated that Mr. Davidson had said that if we move the boundary southward, we'll have to have 55 persons per acre. Asked if it's moved northward, how many people per acre we have to have. (John Davidson stated that perhaps one person per acre) . ,-'ter Rauen, 4110 - l47th Lane N.W. - Asked how many residents outside of the Metropolitan rvice Area could have problems with their septic systems. Mayor Windschilt stated that in the northern part of the city there are some very small lots and if there is going to be a problem, that is where it probably will occur. Regular City Counci' .eting April 1, 1980 Page 4 T~e Warneka made the statement that rezoning to R·4 would create a need for sanitary sewer. an Davidson stated that if the city restricts all building in R-4 zones until sewer. is available, there won't ever be a need for it. Peter Rauen - As he understands it, the amount of capacity the city needed was presented to the Metropolitan Council basically as a position of trying to get as much capacity as we could. Asked if this was a true statement. Mayor Windschitl explained that originally the Metropolitan Council told us how much they would give us. In 1974 they told each community how much capacity they had available. This was based on pipe restriction downstream. In 1976 or 1977 they told us we have some reserve capacity. Councilman Lachinski stated that there is enough capacity in the Coon Rapids Interceptor to service that area so that area can have a trunk line. What the Council is trying to do is eliminate the need of a high cost lift station in that area through the Coon Rapids Interceptor. That can be done if the CAB interceptor is brought up in that area. By drawing the line to the 40 line west of Round Lake and calling that the line of the CAB and Coon Rapids Interceptor, what it does is assure that that area is not going to be served by sanitary sewer until the CAB comes up there. That's why we're asking for the CAB, so we don't have to put in a high cost lift station to service from Coon Rapids. If we don't get the Cab, that's our only alternative. John Davidson explained the alternatives we have. Alternate A would be to use the existing pipe capacity. If we make use of the existing capacity, we can add without any changes except the addition of trunks, 85 acres of Light Industrial to the east along Bunker and 145 acres of R-4 ~o the north, basically up to City Hall. That would be assuming no additional outlet capacity built into the system. Alternate B would be to eliminate the 18 inch restriction on Bunker _~ke Boulevard a short distance of jogs between 18 south and 18 north and put in a supplemental pipe, which doesn't have to go down Bunker. In doing that, we could extend the Industrial area 130 acreS to the east and 340 acres of R-4 to the north. That's taking out the General Recrea- tional area and part of Lund's Evergreen Estates. Alternate B2 would be to supplement the entire length along Bunker Lake Boulevard and put the line south 60 acres or so. This would give us 210 acres of Light Industrial development to the east and an additional 115 acres of R-4 north of the creek and south of Andover Boulevard and add another 140 acres of residential. The end result is that we have to put in a lift station on the creek. T.K.D.A. recommends the last alternative as it will give us the greatest flexibility in expanding the Urban Service Area. Mayor Windschitl stated that he had tried to contact the property owners by City Hall to see what they want. The 40 acres to the east of the City Hall, the owners would be agreeable to coming into the Urban Service Area if there is a need. The next 40 down, the owners would also be agreeable to being in the Urban Service Area. Mr. Laptuta, who uwns the parcel across the road from City Hall is opposed to being in the Urban Service Area. Jim Merila.-representing Rolling Creek Trails plat - stated that at this time his client is looking to plat 2~ acre lots. However, R-4 would be preferable to industrial zoning. Mayor Windschitl stated that these are the possibilities. However, it is not the intent to decide anything tonight. Councilman Orttel asked when the proposed useage amount is determined by Waste Control, do they take into account unuseable land. John Davidson explained that they exclude unuseable land ~osed on soil conditions. Mr. Davidson stated that the property owners should be aware that the property within the city that can be developed with sewer has a higher potential value than property that can't be developed with sewer. Regular City Counci: ' :eting April 1, 1980 Page 5 ESTHER OLSON LOT SPLIT .anning and Zoning Chairperson d'Arcy Bosell explained that the Commission recommend Mrs. Olson replat her plat instead of asking for a lot split. The Council felt Mrs. Olson should come in for the lot split rather than replat. It was the general concensus of the council and the attorney that Mrs. Olson come back with new legals to make the three lots each 2~ acres with 39,000 square feet of buildable area. MOTION by Jacobson, Seconded by Orttel that we take the lot split and move it to the next regularly scheduled meeting. Motion carried unanimously. SPECIAL USE PERMIT/WASTE DISPOSAL ENGINEERING MOTION by Orttel, Seconded by Lachinski, that the City Council issue to Waste Disposal Engineering a Special Use Permit for the purpose of storing and drying lime sludge for the termination of the landfill.. (See Resolution R26-80). Add to Motion: This would be contingent upon the review and approval of the Anoka County Health Department. Second still stands. Motion carried on a 4 yes;.1 absent vote. SMOKE DETECTOR ORDINANCE MOTION by Orttel, Seconded by Jacobson to send this to the Planning and Zoning Commission. Motion carried unanimously. FEASIBILITY REPORT ON THE SOUTHWEST AREA MOTION by Jacobson, Seconded by Lachinski that we authorize the firm of T.K.D.A. to prepare a ~liminary feasibility report on the southwest area improvements in the city of Andover. Such ~casibility report cost is not to exceed $6,000 and the report be submitted to the Council by April 15, 1980. Motion carried on a 3 yes, 1 no vote. (Mayor Windschitl voted no as he doesn't feel a $6,000 study is adequate for a project of this size.) CROOKED LAKE BOAT LANDING Discussion was on how many hours the boat landing should be open. MOTION by Orttél, Seconded by Lachinski that the following language be added to the agreement: "In the event of chronic problems in the boat landing area concerning noise, waste pollution or other nuisances the DNR will not reasonably withhold its approval for modified hours of operation. Add to Motion: After Section IID - "Emergency situations shall include but not be limited to the following: excessive consumption of alcoholic beverages, engaging in offensive or obscene or abusive language, or boisterous conduct tending to arouse alarm and/or resentment in others." Motion failed on a 2-2 vote. Discussion continued on the number of hours the land should be opened. Mayor Windschitl emphasized the fact that it should only be open 16 hours a day. MOTION by Lachinski, seconded by Jacobson to change the original motion to read 16 hours minimum. Motion carried unanimously. .mryST BORING PERMIT MOTION by Orttel, Seconded by Jacobson to authorize up to $200.00 for additional water sample testing from the possible hazardous waste dump area from the soil borings. Motion carried unanimously. Regular City Counci: ,eting April 1, 1980 Pljge 6 MOTION by Jacobson, Seconded by Orttel to adopt the permit form as presented. Motion carried ""\animous ly . l38TH AVENHE FEASIBILITY REPORT MOTION by Lachinski, Seconded by Orttel that we order a feasibility study on Eidelweiss Street N.W. on Bunker Lake Boulevard in the City of Andover for street improvements. Motion carried unanimously. MOTION by Orttel, seconded by Jacobson that we accept the feasibility report on 1980 Street Improvement Project #2 for l38th Avenue N.W. from Crosstown Boulevard to Xavis Street N.W., Xavis Street N.W. from l38th Avenue to Bunker Lake Boulevard and Eidelweiss'Street N.W. to Bunker Lake Boulevard to the north, and set the date for the public hearing as May 1, 1980. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski that the City Council take up the matter of the City's assessment policy following the hearing on the 1980-2 street improvement project on May 1, 1980. Motion carried unanimously. RESOLUTIONS/EQUIPMENT BONDS MOTION by Orttel, Seconded by Jacobson to enter into a resolution authorizing issuance of Certificates of Indebtedness prescribing certificate form in making tax levy having to do with the purchase of street maintenance equipment in the total amount of $40,000.00. Motion carried unanimously. .HAZARDOUS WASTE Ca1MITTEE ",dyor Windschitl felt the City should set up a committee to study hazardous waste areas in the city. He stated there are several people in the city qualified for such a committee. It was suggested that Councilman Jacobson write out what we want the committee to do and the City Clerk will advertise for members for the committee. MEETING DATE/INTERVIEWS, STAFF ENGINEER APPLICANTS MOTION by Orttel, Seconded by Lachinski that we schedule May 8, 1980 as the date to interview the City Engineer applicants and also authorize the Clerk to readvertise in the League Magazine and other appropriate industry publications for a city engineer. Motion carried unanimously. PLANNING AND ZONING CCMMISSION The Commission had nO report. Councilman Lachinski thought that P & Z was going to have some statements ready as to why we are rezoning some properties in the Urban Service Area. Mayor Windschitl explained that Pat Lindquist, Bill Hawkins and John Davidson were working on that and they should be ready before April 24, along with legals on the properties. PARK AND RECREATION Discussion was on trailways along creeks, because of the Rolling Creek Trails plat. Pat Lindquist will contact Dave Torklidson, Anoka County Park Director, to come to the next meeting . . discuss trailways. MOTION by Orttel, Seconded by Jacobson that we authorize the Park Board to purchase up to five concrete picnic tables at a cost not to exceed $1,000.00. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski that the Soderville Athletic Association be authorized Regular City Counci .eeting April 1, 1980 Page 7 use the ball field at City Hall and the proposed field in the Pine Hills Addition up to 4 ...ghts a week. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Jacobson, seconded by Orttel to approve claims #3040 through 3065 in the amount of $10,729.96. Motion carried unanimously. MOTION by Jacobson, Seconded by Orttel to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 12:58 a.m. Respectfully submitted, d -¿ ¡{w Vicki Vo1k Recording Secretary