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HomeMy WebLinkAboutCC October 21, 1980 ~ o¡ f1)NDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 21, 1980 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Complaints - 1980-1, 1980-2 b. Property Division/Wallace c. Final Plat/Rolling Creek Trails d. Amendment/Ordinance No.8-Visual Standards e. Cedar Crest Development Contract/Dispüsition f. Special Use Permit/Rademacher g. Moving Permit/Sia h. Cable TV 5. Non-Discussion Items a. Selection of City Auditor b. Date/Budget Meeting c. Date/Interview Consultants-Ordinance Revision d. Ordinance No. 19 Amendment/1979 UBC-1980 State Code Amendments e. Appointment/Advisory Board-Community Development Block Grants 6. Reports of Commissions, Committees, Staff 7. Approval of Minutes 8. Approval of Claims 9. Adjournment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 21, 1980 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschit1 on October 21, 1980, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Lachinski, Orttel, Peach Councilman absent: Jacobson Also present: City Attorney, William G. Hawkins; TKDA Engineer, Mark Schumacher; City Engineer, Larry Winner; City Clerk, P. K. Lindquist; and others RESIDENT FORUM Herb and Jeane Moore, 138th Avenue NW - complained about the quality of the material and workmanship on the1r corner during the street improvement project. They were disturbed about the straw placed over the seed, the rocks, glass and debris mixed in with the soil placed in the boulevards which was previously sodded. Their concern is to get it rectified in a professional manner, and they expressed concern over decreasing value of their property as a result of the poor job done on the improvement. Mr. Winner stated that there was debris in the topsoil as the specifications did not call for pulverized topsoil. He has talked with the contractor, who has agreed to do the work on Mr. Winner's punch list within the next few days, including raking out the debris, res10ping and reshaping the boulevard on the Moore's corner, and to reseed the boulevard. - Ms. Moore - described what she felt was now a mess because of the sloping on the boulevard from the project, explained the problem they had with mud running into their driveways from the boulevard, the problem with the standing water over their other driveway as a result of the sloping of the asphalt and the driveway, and stated she felt that sod was justified in their area because of all the aggravation they have gone through. She also did not want the mess of having the straw put down again if it is seeded. Mr. Winner stated the contractor has been asked to slope the boulevard from the existing curb downward to the existing yard. Because of the amount of regrading that wi 11 need to be done, he fe 1t that most of the debri s wi 11 then be graded from the topsoil. Discussion continued with the Moores that the policy has been to place sod for erosion purposes only because sodding is very expensive for the City and that a resident would be able to place sod much cheaper than the City can. Discussion was also on the problem of the topsoil washing out and gathering in their driveways and on the sequence of events relative to the blacktopping of their driveway and the sur- facing of the street. It was agreed to place a roll of sod along both sides of the driveways to keep the soil from washing over the driveways. It is also possible to seed without placing the straw down. Also, the City cannot do any work on private property. H & S Contracting has an obligation to put the road in according to plans and specifications, and Mr. Schumacher is to verify that that was done. Mr. Winner stated he has also talked with United Asphalt who put in the Moore's driveway just prior to the street surfacing, and he understood that United Asphalt was to work out some compromise with H & S on correcting the:?rob1em of the standing water on the Moore's driveway. It was also agreed that as much sod as is needed to control erosion will be placed there. Mr. Moore - also felt there has been a lack of communication and requested that they be lnformed of what will be done. Mr. Schumacher stated that the contractor will be in the area in the next day or two to take care of these and other problems. When working on the Moore's problem, both he and Mr. Winner will make themselves available to the Moores. Regular City Council Meeting October 21, 1980 - Minutes Page 2 (Resident Forum, Continued) Bob Chapman, 720 Lincoln Street, Anoka - had owned and developed Chapman's Additions and requested that he be allowed to have the excess fill from the street improvement project in those developments. He felt that when a property owner develops a project and dedicates the streets, if there is a portion of that material no longer needed by the City, it should be returned to the original property owner. Mr. Schumacher explained that all excess fill from the construction of the frontage road along Bunker Lake Boulevard will be made available to Mr. Chapman and Mr. Boeh1and, rationalizing that it normally would have been developed at the expense of the developer but is instead being constructed as a City improvement project. He didn't believe that would be enough fill for the properties east of Grace Lutheran Church on Bunker Lake Boulevard. If fill is taken from a standing dedicated street which has been maintained by the City for a number of years, the policy has been that that excavation would be used by the City to fill parks, etc., within the City. Discussion also noted that all excavation from the Southwest Area project is planned to be used in the LakeRidge park, and it is felt that the estimated 20,000 cubic yards of excess fill can all be used in LakeRidge park. There is an obligation to the entire City and the fill is needed in the park. Also, the City cannot fill private property at the expense of the city at large. Council agreed with the Engineer's suggestion to provide Mr. Chapman with the excess fill from the construction of the frontage road but that the excavation from the street construction in the various developments be used for City purposes. AGENDA APPROVAL MOTION by Peach, Seconded by Ortte1, the Agenda be approved as published with the add1tions of 4f, Special Use Permit/Rademacher; 4g, Moving Permit/Sia; 4h, Cable TV; and 5e, Appointment/Advisory Board. Motion carried unanimously. MOTION by Peach, Seconded by Ortte1, the addition of Items 4i, Pumphouse Plans; and 4j, Change Order on the Well. Motion carried unanimously. MOTION by Ortte1, Seconded by Peach, that we suspend the rules. Motion carried unanimously. COMPLAINTS - 1980-1, 1980-2 Discussion on Mr. Winner's October 17, 1980, memo was on the suggestion that he also include the cost increase of the project if sod were included. FINAL PLAT/ROLLING CREEK TRAILS MOTION by Ortte1, Seconded by Peach, that we allow an extension for the filing of the F1nal Plat of Rolling Creek Trails until 4/21/81 pursuant to Ordinance lOA. (See Resolution R130-80) DISCUSSION: Mr. Winner stated that they have received the results of the water tests taken by Twin City Testing, which has found that there are small levels of contaminates. However, the Health Department didn't see any problem or cOncern with using the water because the levels were so small. It is not known whether the contaminant is related to the plastic disposals on that site. Discussion also noted that the Metropolitan Council, which is reviewing the City's Comprehensive Plan, may be requiring the City to amend the Plan to provide for 5-acre minimum lot size rather than the existing 2~-acre requirement. If that were to happen, there is a possibility that at some point the plat may not be in compliance with the Comprehensive Plan prior to final plat approval. Jim Merrila - stated the intent is to go forward with the development of the plat. The only reason the owners have not gone forward is because of the financial status of the economy at this time. He asked if there is a good 1ik~lihood that the Metro Council will require Andover to have the 5-acre stipulation as a minimum lot size; and if so, , , . Regular City Council Meeting October 21, 1980 - Minutes Page 3 (Final Plat/Rolling Creek Trails, Continued) when would that go into effect? Discussion was that from what information is available, the Metro Council is holding with the 5-acre minimum requirement and do have the enforcement powers for requiring the City to comply with their recommendations. The Metro Council must act on the City's plan within 60 days, which means any change in lot sizes would probably come about prior to the 4/21/81 extension date. Mr. Merrila - understood that with this extension, bonding would be required to guarantee the street construction, and that the streets wouldn't have to be cOnstructed at the time of final plat approval. He asked for the extension until 4/21/81; and as long as they are aware of the possible 5-acre situation, they can be looking into their options as well. Council discussion noted that pursuant to the ordinance, plans that have been granted an extension of time are subject to all ordinance changes. Councilman Lachinski indicated he was in favor of this extension, but he didn't feel he would look favorably on another extension beyond this one. Motion carried unanimously. PROPERTY DIVISION/WALLACE Mr. Schumacher reviewed the Wallace's concern that they will not be able to fully develop their property located immediately north of 142nd, east of C.S.A.H. 9. Council discussion was that there are several ways in which the property could be developed, getting as many as 23 lots from the 9-acre piece by running some through streets north and south, which was felt to be very efficient development. Mr. Schumacher agreed to talk with the Wa11aces on the Council's feeling that there are several possible ways to develop the property. PUMPHOUSE PLANS Mr. Schumacher reviewed the pumphouse plans and site plan of the area, noting they are proposing some shrubbery in the front of the pumphouse estimated to cost between $400 and $500, plus some larger trees totalling approximately $1,500 to $1,600. Council generally had no objection to the landscaping but felt that the area could be seeded rather than sodded. Mr. Schumacher also noted that the exterior is proposed to be a burnished block finish in lieu of brick and is designed with the intent to look like a residential home. He stated that Mr. Voth of Good Value Homes is satisfied with the plans. Wayne Anderson, representing the Rademacher shopping center development, also stated he was agreeable to the design. Mr. Schumacher also noted there will be a knockout in the wall for the removal of the tank from the building if that is ever desired. Also, it is TKDA's recommendation that the City not put in standby power unit in the pumphouse itself but have a provision for a portable unit that, until the City purchased on~, could be rented to hook into the pumphouse. A standby power unit in the pumphouse would require constructing an extra room onto the pumphouse for the diesel engine to drive the 75 or 100 horsepower motor. Discussion On the recommendation was on the Council's concern that a rental unit may not be found in an emergency when it is needed; on the procedure that would be used if a portable unit would be used; that a portable unit could be used in the future when additional wells, lift stations, etc., are constructed; and that possibly a portable unit could be acquired by the City to be used for standby power at the pumphouse, the fire station, etc. Mr. Schumacher was directed to find out the approximate costs to purchase a portable unit. MOTION by Ortte1, Seconded by Peach, that we approve the plans for the pumphouse for the City water system as presented by TKDA. (See Resolution R131-80) Motion carried unanimously. CHANGE ORDER/WELL Mr. Schumacher requested the Council to approve a change order for the well project for an additional $1,575 for the well contractor to furnish and install discharge piping for I Regular City Council Meeting October 21, 1980 - Minutes Page 4 (Change Order/Well, Continued) the test pumping on the well, running it over to the County storm sewer. The plans originally called for the test pumping to be done around the middle of November when the sewer would have already been installed. They are nOW looking at test pumping next week, and the contractor is still dewatering that area for the installation of the sanitary sewer lines. MOTION by Ortte1, Seconded by Peach, that we approve a change order in the amount of $1,575 for the City well to allow for test pumping. DISCUSSION: Mr. Schumacher explained the cost is for the installation, test pumping, and removal of the 10-inch pipe for 700 to 800 feet to the ditch. The payment does not include the purchase of the pipe itself. Mr. Schumacher also explained that they have augured the 18-inch hole for the well and the formation they were looking for is at 400 feet rather than the 600 feet that was anticipated, thereby saving about 200 feet of depth. It is anticipated that they will be able to pump up to 1,100 gallons per minute. Motion carried unanimously. AMENDMENT/ORDINANCE NO.8 - VISUAL STANDARDS Discussion was on the interpretation of the ordinance as written by Attorney Hawkins. Mr. Hawkins' interpretation is that someone could not put up unfinished or unpainted galvanized steel, aluminum, or steel siding. If it was painted, it is allowable. MOTION by Lachinski, Seconded by Ortte1, introducing an Ordinance amending Ordinance No.8, adopted October 21, 1970, known as the Zoning Ordinance of the City of Andover, as presented with the following revision: Under Section 4.05, Paragraph K, change the word aluminum siding to metal siding. DISCUSSION: Mr. Hawkins stated he was trying to except the person building a garage and puts on aluminum siding. He felt there would be a difference between commercially prepared metal siding put on sides of houses or garages as opposed to the pole barn type in which the metal is the wall itself. Motion carried unanimously. CEDAR CREST DEVELOPMENT CONTRACT/DISPOSITION Mr. Hawkins stated that the development contract called for everything to be done by October 1, 1980, but the bond is not posted and the abstract has not been provided properly. Mr. Carson feels the City has lived up to all the requirements imposed on it by the Court; and since the breach of the contract is on the developer, the City no longer has an obligation to approve the final plat. MOTION by Lachinski, Seconded by Ortte1, to direct Mr. Carson to notify the developers that the developer has defaulted on the contract and that we consider the plat null and void. DISCUSSION: Horace Ma 0, 4920 Ewin Avenue South, Minnea olis - is one of the co-owners of the Mayan eve opment partnersh1p an t e eve opers 0 Cedar Crest Estates. He felt there has been a communications problem. They have been trying to develop this property for over 10 years and have spent approximately $200,000 in it. It is true that they have not furnished a ~ond, but he has a receipt that the abstract was furnished on May 14, which is the fourth one they have taken to Mr. Hawkins. Mr. Hawkins stated he has spoken with Mr. Banke about this on the phone. The abstract was not complete, and he has discussed that with Mr. Banke today. It did not cover the areas they were platting. Mr. Banke is aware of that and has not yet returned the completed abstract. Mr. Mayo - asked for the City's indulgence and hoped that they will be able to develop the property. If they have to start over, they probably will. Motion carried unanimously. c __ ,,_. " I Regular City Council Meeting October 21, 1980 - Minutes Page 5 SPECIAL USE PERMIT/RADEMACHER MOTION by Peach, Seconded by Lachinski, approving a Special Use Permit for William Rademacher to install a bulk storage facility and self-service gas pumps at Bill's Superette in the Andover Community Shopping Center as presented by the City Clerk. (See Resolution R132-80) Motion carried unanimously. MOVING PERMIT/SIA Kim Sai Sia, 11518 Zia Street, Coon Rapids - stated that Mr. Weaver is his consultant who does a lot of draw1ngs for h1m. This is his first attempt at moving a house. He is a landscape contractor and is moving the house for his manager to live in. There has also been some confusion as to the number of feet that will need to be added to bring it up to the footage required in an R-2 zone. Council discussion was on their concerns that the house be brought up to code and ordinance requirements. It was determined that the house is now 780 feet and would have to be increased to 1200 square feet. Mr. Sia stated he would meet that requirement and would have plans for the planned expansion to the City within a few days. Mr. Hawkins stated that the City has the right to attach certain conditions on the issuance of a moving permit to be sure the ordinances are complied with. It was his recommendation to require a letter of credit or bond or cash in the amount that would be required to start action to have the building removed from the City in the event the ordinances are not met. Council also felt that the Building Inspector should inspect the building before it is brought into the City. MOTION by Peach, Seconded by Ortte1, introducing a Resolution approving a Moving Permit for Kim Sai Sia to move a home onto property described as Plat 65907, Parcel 3210 as proposed by the City Clerk with the following change: in the final BE IT FURTHER RESOLVED by the City Council, the City of Andover, to hereby make such approval con- tingent upon the applicant furnishing the City with an affidavit secured by a Letter of Credit or other surety in the amount of $4,000 indicating the structure, if moved into the City of Andover, will comply with all zoning ordinances and building code requirements within a 120-day period. (See Resolution R133-80) Motion carried unanimously. Recess at 9:05; reconvene at 9:15 p.m. CABLE TV The Clerk felt that the funds needed could come from the legal fees for ordinance enforcement. MOTION by Ortte1, Seconded by Peach, that we authorize the expenditure of $1,292.35 to the Anoka/Champ1in/Ramsey/possib1y Andover Cable Commission for legal and organiza- tional fees for our membership therein. Motion carried unanimously. Discussion was on the "Needs Assessment" questionnaire and how to conduct the survey. After discussion, it was agreed to ask if the questionnaire could be brought home by the children in Crooked Lake School. MOTION by Ortte1, Seconded by Peach, that we contact the Crooked Lake School in regards to having the school children at the school bring home and have filled out and bring back to the school the Andover Community Needs Assessment for the Cable TV service area. Motion carried unanimously. MOTION by Lachinski, Seconded by Ortte1, authorizing the Mayor and Clerk to sign the Joint Cooperative Agreement for the Anoka/Champ1in/Ramsey Cable Commission. Motion carried unanimously. ,,- " I Regular City Council Meeting October 21, 1980 - Minutes Page 6 SELECTION OF CITY AUDITOR Mayor Windschit1 reviewed the qualifications and bids received for City Auditor. Discussion was then on the work that may be expected for the price quoted, some expressing concern over the tight finances of the City and not wanting to increase the auditing costs substantially, but noting that the George Hanson firm, which appears to have a lot of municipal auditing experience, had not stated a specific amount, and some questioning the advisability of changing auditing firms every few years. Councilman Lachinski didn't feel the City should be spending as much as $7,500 for auditing, when apparently there are other firms quoting to do the same thing for $2,500. It was Mayor Windschit1's opinion that the firms with more qualifications and municipal experience would do a better job for the money. Others felt that the auditing costs should not go beyond last year's costs plus a 10 or 11 percent inflationary factor. .MOTION by Peach, Seconded by Orttel, that the City Clerk be authorized to enter into a contractor for the City audit for 1980 with the George Hanson firm not to exceed $5,500. VOTE ON MOTION: YES-Orttel, Peach, Windschit1; NO-Lachinski Motion carried. DATE/BUDGET MEETING Discussion was that prior to holding a budget meeting, the Council will need to discuss whether or not to approve municipal liquor in the City. It was agreed to place this item on the November 5 agenda and to set a meeting date at that time. The discussion of municipal liquor is also to be placed on the next agenda. DATE/INTERVIEW CONSULTANTS - ORDINANCE REVISION Councilman Orttel didn't feel that the City should become involved with ordinance revision until the Metro Council has reviewed the theory of the City's Comprehensive Plan. MOTION by Ortte1, Seconded by Peach, that we direct the City Clerk to send a note to each one of the bidders on redrafting the City ordinances explaining to them that until the Metropolitan Council makes its comments and changes in our Comprehensive Plan, we will not be starting the redrafting of our supporting ordinances, that we would probably be asking them for an updated bid when that review is done which should be around the first of the year. Motion carried unanimously. ORDINANCE NO. 19 AMENDMENT/1979 UBC - 1980 STATE CODE AMENDMENTS MOTION by Lachinski, Seconded by Ortte1, adopting an ordinance amending Ordinance 19C, an Ordinance relating to the adoption of the Minnesota State Building Code. City Council, City of Andover, hereby ordains all references to the 1976 State Building Code in Ordinances No. 19, No. 19A, and No. 19B, as amended by Ordinance No. 19C, are hereby amended to read: 1979 Minnesota State Building Code. Motion carried unanimously. APPOINTMENT/ADVISORY BOARD - COMMUNITY DEVELOPMENT BLOCK GRANTS MOTION by Peach, Seconded by Ortte1, that the City Engineer, Larry Winner, be appointed the Clty representative to the County CDBG Program. Motion carried unanimously. PARK/RECREATION COMMISSION Discussion was on the October 14, 1980, memo of the Park Board's request that grant monies be placed in the Park Fund to earn interest. The Clerk stated that the money "0-· I Regular City Council Meeting October 21, 1980 - Minutes Page 7 (Park/Recreation Commission, Continued) is in the General Fund and is in an interest-bearing account. No action was taken on this request. Discussion was also on the accounting system of the Park Board, and similarly with the Fire Department, in that those in the Departments are frustrated at not knowing how much is left in their budgets at any given time. The Clerk stated that the City's share of monies for capital improvements authorized the Park Board but which will not be expended this year have been put into the 1981 budget over and above the City's normal contribution to the Park Board. The Clerk was directed to be providing monthly financial reports to the Departments. The Clerk stated that she had planned to provide monthly reports for October, November, and December. Discussion also continued feeling that in some fashion each Department is going to have to keep their own records and to know what funds are committed, reviewing the procedure used by the Fire Department for purchasing items, noting that purchase orders are generally not used except in cases of large purchases because of the time and staff that would be required. VOLUNTEER FIRE DEPARTMENT Councilman Peach stated he felt that the monies allocated to the Fire Department for the emergency lights for the Chief's vehicle and the wall for the fire fighter's gear could come from the Attorney's budget, as $500 had been allocated for work for the Fire Department and only $150 has been expended. Fire Chief Bob Palmer stated he would like to have a separate meeting of the Council to meet with the ISO representatives relative to the City's fire rating for insurance purposes and how the City may qualify for better ratings. Discussion was then on the requirement of having churches, schools, etc., tie directly into Central Communications for fire protection; that there have been objections from others as well as the Meadowcreek School but that some in the City have already agreed to the system; that there apparently is only one other City in the State of Minnesota which requires auto-call fire protection; that there may be a bill introduced in the State Legislature that will require this in all schools; that the Fire Department has been compromising the automatic call systems rather than requiring the installation of a sprinkling system; that the City needs to sort out what is required by law and what the City is requiring over and above it relative to fire protection; and that a fire protection system should be placed in Meadowcreek School but that the issue of the auto-call to Central Communications should not be used as a crutch for not putting anything into the school. Mr. Hawkins stated that the City is charged with enforcing the Fire Code, and the City interprets it in what is felt is a reasonable fashion. If an interpretation is made and a requirement established, then the question becomes what is the standard throughout the State. The City is entitled to require stricter codes, but there must be something to back that up as well. Council generally felt that it would be beneficial to meet with the State Fire Marshall and the City Fire Marshall on the issue. Chief Palmer will set up a meeting and inform the City Clerk. If need be, a special meeting can be called, and the meeting with the ISO representatives can be done at the same time. APPROVAL OF CLAIMS MOTION by Peach, Seconded by Ortte1, that Checks Numbered 3480 through 3496 for a total of $5,356.55 from the General Fund be approved. Motion carried unanimously. Regular City Council Meeting October 21, 1980 - Minutes Page 8 (Approval of Claims, Continued) MOTION by Peach, Seconded by Lachinski, that checks numbered 385 for $500; 386 for $583.80; 387 for $285.18; 388 for $17.20; 398 for $2,485; 390 for $45.38; 391 for $1,400; 392 for $4,235; 393 for $153,347.59; 394 for $802; 395 for $38,557.70; 396 for $1,500; 397 for $8.50; 398 for $8.50; 399 for $3,892.50; 400 for $13,465.38; and 401 for $130,707.25 be approved from the Special Funds. Motion carried unanimously. MOTION by Lachinski, Seconded by Ortte1, to adjourn. Motion carried unanimously. Meeting adjourned at 10:45 p.m. The meeting was reconvened at 10:46 p.m. by Mayor Jerry Windschit1 for discussion to hire Dale Mashuga as a temporary employee to work on sewer maintenance. (Reference the October 21, 1980, memo from Larry Winner referencing contractura1 help for cleaning storm sewers.) MOTION by Orttel. Seconded by Peach. that Dale Mashu9a be hired at the rate of $4.50 an hour to work on sewer maintenance for a period up to two weeks. Motion carried unanimous 1y. MOTION by Orttel, Seconded by Peach, to adjourn. Motion carried unanimously. Meeting adjourned at 10:47 p.m. Respectfully submitted, ~~~L Mar 11a A. Peach Record1ng Secretary n_._.