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HomeMy WebLinkAboutCC April 6, 1982 ~ o¿ ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 6, 1982 AGENDA l. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Cable TV-Franchise/Ordinance b. Review of Patricia Johnson Special Use Permit c. Accept Feasibility Report/Set Public Hearing Date-1982-l d. Municipal State Aid Street Program/Capital Improvement Program e. Proposed Assessment Policy/MSA Street on County Road (With city costs) f. Amendment Ordinance a/Setbacks along Thoroughfares g. Amendment Ordinance 10/Street classification & Typical R/W Width h. Snowplowing Policy i. Public Works Employee j. Groundwater Studies/Landfill site Q 5. Non-Discussion Items a. V.Volk - Part-time employment 6. Reports of Commissions, Committees, Staff a. Community School Report/Hagman b. Volunteer Fire Department 7. Approval of Minutes 8. Approval of claims 9. Adjournment CITY 01 ANDOVER M E M 0 RAN DUM TO: MAYOR AND rO!JN<:n, COPIES TO: ATTORNEY . ENGINEER. STAFF FROM: CITY CLERK/A. ADMINISTRATOR DATE: APRIL 1. 1982 REFERENCE: AGENDA INFORMATION - APRIL 6. 1982 Item No. 3 - Agenda Approval Please add Item No. 4k - Single Family Dwellings/Width Requirements. Item No. 4a - Cable TV/Franchise Ordinance The Cable Commission met on March 31 to review the proposed ordinance and Franchise Agreement. Some minor changes were made from the proposed copies you received in March of 1981 . Most of these changes were to make the Franchise/Ordinance compatible with the Proposal from Teleprompter. To-date I have not received the final draft. It is expected to be delivered on Monday, so I will immediately have the copies hand-delivered to your homes in order to allow you time to review prior to Tuesday evening's meeting. Item No. 4b - Patricia Johnson Special Use Permit Ms. Johnson was granted a Special Use Permit to operate a beauty shop in her home on Gladiola Street. The Permit was granted conditioned upon annual review. During the past year we have not received any complaints from area residents, therefore, I would recommend that Ms. Johnson be allowed to continue the use. Item NO. 4c - Accept Feasibility Report-Set Public Hearing MSA82-1 Attached is a memorandum from the City Engineer covering the two possible alternates. A resolution is prepared accepting the feasibility report and setting a date for the public hearing. Item No. 4d - Municipal State Aid Street Program A motion is needed to accept/approve the Municipal State Aid Street Program as proposed by the Road Committee. Jim Schrantz will review this item, in detail, with you at the meeting. Item No. 4e- Assessments - State Aid Streets You have received copies of a proposed assessment policy for State Aid Streets. It will be necessary to adopt such a policy before the Public Hearing on Item No. 4c. In all State Aid projects, the State -", Agenda Information April 6, 1982 Page 2 Item No. 4e - Assessment Policy (continued) of Minnesota does not reimburse the City for any of the legal costs involved in the project. This can become very extensive, as in the case of condemnations. As a suggestion, perhaps a %of total costs could be the established assessment. This would allow for variables and may discourage extremely high demands for property purchases, which invariably go to condemnation and increase project costs tremendously. Item No. 4f-g - Ordinances No. 8 and No. 10 This ordinance amendment was presented some time ago. Since the original discussion by the Council, some minor changes have been made. Motions are needed for approval. No. 8 will carry Amendment "P" and NO. 1 0 will be Amendment "H". Item No. 4h - Snowplowing Policy This item was discussed with the City Council at a previous meeting, resulting in the directive to the City Engineer to review some of the data with the Fire Chief. This has been done. and such changes are incorporated in the attached. Item No. 4i - Public Works Employee This item is also continued from previous meetings. To-date, we have received information that the 1982 State Aid will not be reduced; however, some changes are anticipated in the Homestead Credit reimbursements from the State, but whether they will be in the form of payment time changes or dollar reductions, it is unknown at this time. In reviewing the Budget and the anticipated balances from 1981, it appears we are in a position to hire someone at the rate proposed in the 1982 Budget. Item No. 4j - Groundwater Studies/Landfill Site Q Terry Huntrods of TKDA will be present to discuss his progress to-date on the landfill report. You have received copies of a letter from the City of Coon Rapids, agreeing to share the costs for this study. You will recall that the City of Andover has not yet approved the final phases of the study. I have copies of a Contract with TKDA which will have to be approved. The City of Coon Rapids is desirous of having the entire study completed through the final phase. I have spoken to Metropolitan Council regarding the error on their report of March 12 (page l-project Description); they have stated they will be sending out a correction and will also make verbal note of the error at all the public and non-public meetings. Item No. 5a - Part-time Employment/V.Volk Vicki is requesting a partial "leave of absence" for the months of June, July, and August. She would like to work ~ days for these months. I have contacted Corrine Wurtinger, the person who filled in afternoons when this was done last summer. She is to let me know on Monday if she will be available. She did excellent work and I would certainly hire her back. Her starting salary was $4.15 per hour. Based on the quality of her work, I would recommend $4.75 now. Agenda Information April 6, 1982 Page 3 Item No. 6a - Community School Report Nancy Hagman will be present to briefly run through the program and receive input from you. Item No. 6b - Volunteer Fire Department Attached is a request from the Fire Department to purchase two (2) mobile units. These two units were originally requested to be purchased from the proposed 1982 Equipment Bonds, however, due to the rising costs, they would like to purchase the radios from their 1982 Capital Outlay Budget. A motion is needed for approval. Item No. 7 - Approval of Minutes Councilman Peach will be absent, therefore, minute approval will have to be tabled until the April 20 Meeting. ~ o¿ ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 6, 1982 MINUTES . The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on April 6, 1982, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Councilmen Present: Jacobson, Lachinski, Orttel Councilmen Absent: Peach Al so Present: City Clerk, P.K. Lindquist; City Engineer, James Schrantz; City Attorney, William G. Hawkins; TKDA Engineer, Mark Schumacher; BRA Engineer, Brad Lemberg; others RES !DENT FORUr~ Councilman Orttel noted that Ken Slyzuk had called him with a problem he is having adding onto his warehouse on Nightingale Street. The Building Inspector told him that the building is a non-conforming use as it violates the setback requirements of the ordinance. It was in compliance with the ordinance until Nightingale was upgraded. Mr. Slyzuk wants to get the building done this spring. Mayor Windschitl suggested that this be added as an agenda item. Councilman Lachinski noted that he received a call from a resident complaining about debris at a construction site on l6lst and Round Lake Boulevard. Building Inspector, Dave Almgren stated that the building is being constructed by a concrete curb outfit and as soon as the weather breaks, the debris will be cleaned up. AGENDA APPROVAL MOTION by Lachinski, seconded by Orttel to approve the agenda as published with the addition of the following items: 4k, Single Family Dwelling; 41, Ken Slyzuk Variance; 4m, Rum River Crossing. Motion carried unanimously. MOTION by Jacobson, seconded by Lachinski to suspend the rules. Motion carried unanimously. CABLE TV-FRANCHISE/ORDINANCE MOTION by Orttel, seconded by Jacobson that the Cable TV Ordinance be rescheduled until April 20, 1982. Motion carried unanimously. REVIEW OF PATRICIA L. JOHNSON SPECIAL USE PERMIT MOTION by Jacobson, seconded by Lachinski to extend for a period of one year a Special Use Permit for Patricia L. Johnson to operate a beauty salon at 13522 Gladiola Street N.W. The re have been no objections to the operation of the beauty salon from the public. Motion carried unanimously. ACCEPT FEASIBILITY REPORT/SET PUBLIC HEARING DATE/1982-l '~yor Windschitl explained that the purpose of this report is to see if it is feasible to ,nstruct two roads under our Municipal State Fund program. The roads being considered are l65th Avenue and Round Lake Boulevard and Prairie Road between Andover and Bunker Lake Boulevard. Regular City Council Meeting April 6, 1982 - Minutes Page 2 /- ~sibility Report/1982-l, Cont.) Brad Lemberg, Bonestroo, Rosene, Anderlik & Assoc. - noted that the first project is l65th Avenue from Valley Drive to Tulip Street. This section contains a lot of peat and will require a type of construction known as the fabric stabilization method. After the ground is leveled off, a filter fabric is laid over it and left to settle for a year or two. During this period the road can be driven on. Then the bituminous surface is put on. The roadway will be 24 feet wide with 8 foot wide shoulders. The estimated cost for the fill and gravel is $17D,400.00. With contingencies, engineering, legal and administrative costs, the estimate is $214,700.00. Future surfacing, including contingencies, legal, engineering and administrative costs, is estimated at $80,600.00. The second project is l65th Avenue from Tulip Street to Round Lake Boulevard. The cost for this is $140,600.00. With contingencies, engineering, legal and administrative costs, the estimate is $177,100.00. Project three is Tulip Street from l65th Avenue to l6lst Avenue. Some excavation will be required with the estimated cost being $146,850.00. With contingencies, engineering, legal and administrative costs, the estimate is $185,050.00. The fourth project is 161st Avenue from Tulip Street east to County Road 9. Some muck excavation will be required. The estimated cost is $13l,900; with contingencies, legal, engineering and administrative costs, the estimated cost is $166,200.00. Mr. Lemberg noted that soil borings have been taken and were included in this study. He recommended that the city proceed as soon as possible with this project using the state aid budget and Municipal State Aid bonds. He stated that the bids are cheaper now than they were four or five years ago. Marion Malstrom- asked why the city needs a road on l65th Avenue. Mayor Windschitl explained that it is to get emergency vehicles through to the west side of the city. Ms. Malstrom felt that the city should go up to l7Dth Avenue if they need a road to the west. Mayor Windschitl noted that the purpose of the meeting is to decide if it is feasible to put a road through. He asked how deep the peat is along the proposed road. Mr. Lemberg noted that it ranges from 10 feet in spots to 35 feet in other places. Councilman Lachinski felt that the road should be a block north where the ground is high and dry. Councilman Jacobson asked if the figures for blacktop in project 1 are current dollars or projected figures. Mr. Lemberg noted that they are current dollars. Councilman Jacobson felt that it is not wise to use all of our state aid funds for one project and not be able to do anything else for the next two or three years. Councilman Orttel felt that we should follow the logic of the oldtimers, who put their roads where their wagons and carts could go. He noted that the people were told that l6lst Avenue would be built as soon as possible and that we should go along the south edge of the peat land. Laurence Reynolds, 15951 Tulip Street - noted that the peat is deeper on the south side than on the north side. Ms. Malstrom felt that there are things Andover needs more than a street going to the west from County Road 9 to 7th Avenue. Mayor Windschitl explained that our State Aid Funds can only be used for State Aid roads and we have a limited number of roads that can be built up. Jan Redmann asked if there are four different projects being considered. Mayor Windschitl noted that there are and that it would have been easier to explain if the engineers had 'ovided overhead projections. City Engineer Schrantz explained that the Fire Department is trying to get an access from County Road g to 7th Avenue so they can serve the houses on the west side of the city better and l65th Avenue is the most direct. Regular City Council Meeting April 6, 1982 - Minutes Page 3 .- ~asibility Report - 1982-1, Cont.) Mayor Windschitl asked if anyone had any comments or questions regarding Project 4, l6lst Avenue between Round Lake Boulevard and Tulip Street. Bonnie Dehn, 16485 Tulip Street N.W. - noted that the whole project is being questioned. Councilman Lachinski stated that originally the engineers proposed to build l6lst Avenue together with all the other streets in Pine Hills Addition. If it was done that way, l6lst would have been assessed. The Council didn't feel that we could put that assessment on the farmers' properties. Mayor Windschitl asked for comments regarding Project 3, l6lst Avenue and County Road 58 on Tulip Street. Part of this section would be coming through peat land. Bonnie Dehn stated that there are only homes along 1/4 mile of this section. The rest is farm land. Ms. Malstrom suggested building a fire station in that area if the city feels that they need additional protection. Discussion continued on the rest of the proposed project with the residents stating that there is a lot. of peat land that would have to be excavated. Councilman Orttel suggested extending the Xenia Street cul-de-sac to Valley Drive, which is only an eighth of a mile. The city might have to buy a house but it would be less expensive than what is being proposed. Councilman Lachinski suggested looking for an alternative further south, perhaps directly across from City Hall. He felt it would serve the same purpose. For the benefit of the audience Mr. Lemberg explained the Municipal State Aid street program, noting that any city with a population over 5,000 is eligible for MSA funds. Councilman Jacobson suggested doing Prairie Road this year and look at an east-west street for next year. Councilman Lachinski felt that an east-west street is more important than Prairie Road. MOTION by Lachinski, seconded by Jacobson that we hold a special meeting with the Road Committee and the engineers on Thursday, April 22, 1982. Motion carried unanimously. PROPOSED ASSESSMENT POLICY/MSA STREET ON COUNTY ROAD (With City Costs) City Engineer Schrantz reviewed the proposed assessment policy, noting that if a property has benefit or access it should be assessed. Costs were taken from city projects and the ENR Index. The city has had two projects, Smith's Rolling Oaks and Valley View Estates, where the difference in the costs was quite substantial. He asked what should be done about a semi-rural street, defer the assessment or not assess properties that don't have access onto a state-aid street. Already developed streets would be given credit. Discussion centered on whether an assessment on a state aid street should be deferred until "e property is deve loped. Attorney Hawkins said you have to levy the assessment and pass _ resolution deferring it. Councilman Jacobson asked if you build a road using state aid funds and there are five existing houses and five empty lots, and the assessment for the vacant lots is deferred and no one Regular City Council Meeting April 6, 1982 - Minutes Page 4 , . ;sessment Policy, Cont.) builds on those lots for 10 years can the property be assessed if someone builds in the 11th year. Attorney Hawkins stated that you can assess that property. Brad Lemberg noted that you have to be careful on how you assess a state aid street. The streets cannot be assessed until after you complete the project. If you do assess a state aid street, that amount that is assessed is deducted from your state aid funds. MOTION by Orttel, seconded by Lachinski that the Proposed Assessment Policy/MSA Street on County Road With City Costs be deferred to the April 22nd meeting and that the policy presented on April 6, 1983 be updated to reflect Council discassion of the same meeting. Discussion was on what figure the Engineer would use in the policy with the concensus being that he average the figures from the projects listed in his memo. AMENDMENT TO MOTION by Orttel, that the following items be updated in the policy: Typical street costs be adjusted more adequately to reflect more adequately typical street costs and a portion under Section 1 that allows for deferral of assessments on undeveloped property. Second stands. Motion carried on a 4-0 vote. KEN SYLZUK VARIANCE Ken Slyzuk noted that the county has 120 feet of right-of-way on Nightingale and his building is 2 feet east of the right-of-way. The building was built in 1949 and is a non-conforming structure since it violates the setback requirements. Mr. Slyzuk was advised to apply for a variance and ask that he be put on the April 13th Planning and Zoning Commission agenda to enable him to begin construction before he has to do his field work. (Recess 9:4D - Reconvene 9:55) GROUNDWATER STUDIES/LANDFILL SITE Q Mayor Windschitl noted that the County has found out that the way the law is written, they have to acquire the landfill site plus a buffer area. By acquiring the buffer area, Site Q is significantly enlarged, requiring the County to acquire the UPA power station. TKDA Engineer Mark Schumacher stated that the PCA staff has recommended not to approve Site Q. It was suggested that in TKDA's report for the April 13th meeting, reasons for not approving Site Q should be listed. They should include the following: danger to the Jordan Aquifer; proximity to houses; it's part of a public park; there are schools in the area; 100 or more garbage trucks use the roads each day; there is an existing landfill covering 80 acres less than a mile from the site. MOTION by Jacobson, seconded by Lachinski, that we hold a Special Meeting at 5:15 P.M., . nday, April 12, 1982 at City Hall offices to review TKDA's report regarding Landfill Site ~. Motion carried unanimously. COMMUNITY SCHOOL REPORT Nancy Hagman presented the 1982 Spring Program booklets, the Summer Program information and ... - Regular City Council Meeting April 6, 1982 - Minutes Page 5 ,mmunity School, Cont.) the Annual Report for Andover Community Education. She noted that the most popular class in the spring program is fabric picture frames. For the Summer Program, two new locations have been added: Green Acres and Bill LeFebvre's vacant lot in Aud. Sub. 82. Ms. Hagman asked the Council to review the community survey and make any changes they felt necessary. VOLUNTEER FIRE DEPARTMENT Chief Frank Stone noted that the Fire Department has received a $200.00 check from Ed Fields which will be used for fire department equipment. He would like to get back to Mr. Fields to see if something can be put in the paper regarding this donation. Tom May requested authorization to purchase 2 hand-held portable radios that will be used for officers. MOTION by Orttel, seconded by Lachinski that we authorize the purchase of 2 portable radios requested by the Fire Department. Motion carried unanimously. Chief Stone asked where out of the budget the $2.50 per day for heat for the rescue van comes from. City Clerk Lindquist noted that it is taken out of the electricity fund. SNOWPLOWING POLICY MOTION by Jacobson, seconded by Orttel that we approve the snowplowing policy developed by the City Engineer with the cover letter dated April 2, 1982. Motion carried unanimously. PUBLIC WORKS EMPLOYEE Continued to April 2D, 1982. SINGLE FAMILY DWELLING WITH REQUIREMENTS Councilman Orttel noted that on April 22, 1982 a law was passed to allow mobile homes anywhere in the city,and that some restrictions should be put on them so they are not allover the city. MOTION by Orttel, seconded by Lachinski that the new mobile home zoning law be referred to the City Attorney for his comments. Motion carried unanimously. RUM RIVER CROSSING Mayor Windschitl noted that Ed Fields had stated that there is a lot of controversy regarding the crossing and would like to meet with the Council. MOTION by Orttel, seconded by Jacobson that discussion of the Rum River Crossing be placed on the agenda for April 20, 1982. Motion carried unanimously. ADDRESS CHANGES Dave Almgren, City Building Inspector, reviewed his proposal for address changes throughout +~e city. The City Attorney will report back at the next meeting as to whether or not an jinance is required to change addresses. VICKI VOLK PART-TIME EMPLOYMENT MOTION by Lachinski, seconded by Orttel that we allow Vicki Volk to work half days beginning Regular City Council Meeting April 6, 19S2 - Minutes Page 6 'cki Volk P.T. Employment, Cont.) June 21, 1982 until September 1, 1982 as per her request and authorize the City Clerk to continue to hire part-time assistance for the same period of time and authorize her to pay up to $4.60 per hour for the part-time help. Motion carried on a 3 yes, 1 no (Jacobson) vote. SITE Q GROUNDWATER STUDIES CONTRACT WITH TKDA MOTION by Jacobson, seconded by Lachinski, to authorize the Mayor and City Clerk to enter into a contract with Toltz, King, Duvall, Anderson & Associates, Inc. for groundwater studies in the vicinity of the proposed landfill site Q in Andover, Minnesota and authorize them to sign documents as may be necessary. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Jacobson, seconded by Orttel, to approve claims number 4806 through number 4831 in the amount of $50,354.11. Motion carried unanimously. MOTION by Orttel, seconded by Lachinski to adjourn. Motion carried unanimously. Meeting adjourned at 11:30 P.M. Respectfully submitted, LL~ Vicki Volk, Recording Secretary