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HomeMy WebLinkAboutCC September 4, 1984 - ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 4, 1984 AGENDA 1- Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Variance/D. Carson b. Cunningham Addition - Sketch Plan c. d. e. 5. Non-Discussion Items a. Plans/Specifications, IP84-8/South Coon Creek Drive West b. Final Payment, IP84-5/Hughes Addition c. Set Hearing Date, IP84-6/South Coon Creek Drive West-Sewer/Water d. Set Hearing Date, IP84-7/Kadlec Addition e. Easment to North Central/Outlot A-Northglen 2nd f. Accept Easements, IP84-6 g. Mobile Home Permit Extension/Hoglund h. i. 6. Reports of Commissions, Committees, Staff a. Fire Department-Insurance b. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment '~ ~ ~ ~ 01 ANDOVER M E MaR AND U M TO: IL / I COPIES TO: ATTORNEY FROM: CITY CLERK DA TE: AUGUST 31, REFERENCE: AGENDA COMMENTS - SEPTEMBER 4, 1984 MEETING Item No. 3 - Aqenda Approval Please delete Item No. 4b-Cunningham Addition Sketch Plan. Item No. 4a - Variance/D. Carson This item is continued from the August 21 Meeting, to allow the Carsons time to explore other alternatives to provide the required access to their property. This situation is similar to the property owner off 167th Lane; they only owned a 60' strip of land to the public roadway. They were not required to blacktop the roadway before acceptance because it was a continuation of a gravel street. I have requested a written opinion from the City Attorney relative to a variance on the width of a property. To-date I have not received that opinion. Enclosed is a letter to the Carsons covering the discussion of August 21. Item No. 4b - Cunninqham Addition The developer has completely redone the plat from the Sketch Plan you formally approved on August 7; however, the Planning and Zoning Commission handled it as a Preliminary Plat at their last meeting. It was recommended for approval; therefore, you will receive this for Preliminary Plat action on September 18. Item No. Sa - Plans/Specifications, IP84-8 (SCCD-West/Streets) Item No. Sb - Final Payment, IP84-S (Hughes Addition/Streets) Item No. 5c - Set Hearing Date, IP84-6 (SCCD-West/Sewer,Water) Item No. Sd - Set Hearinq Date, IP84-7 (Kadlec 2nd Addition) Memorandums and Resolution enclosed. Item No. Se - Easement to North Central North Central Gas Company is requesting an easement for the installation of gas lines across Outlot A in Northglen II. They had received an easement from Good Value, however, we are now the owners of the property and the previous easement was not recorded. Agenda Comments September 4, 1984 Meeting Page 2 Item No. Sf - Accept Easements, IP84-6 (SCCD-West) A motion is needed to accept those easements not acquired as of the August 21 Meeting. Item No. 5q - Mobile Home Permit/Hoqlund Mr. Hoglund is requesting a 90-day extension on his Temporary Mobile Home Permit; with such extension to be to December 1 , 1984. The property address is: 370 Andover Boulevard N.W. Item No. 6a - Fire Department 1) A question has come up on the Life Insurance for members of the Fire Department who are also full-time City employees. They presently have a $10,000 policy for both positions. The motion approving this insurance indicates "a $10,000 policy for all employees will be paid by the City" and a separate motion reads the same for the Fire Department. It has always been interpreted~ as the City will only pay for $10,000, even if the employee holds positions in both places. What is the Council's intent? 2) Enclosed is a memorandum from Luverne Fire Equipment covering the labor charges that were questioned by the City. Acceptance of their proposal is requested. Item No. 7 - Approval of Minutes July 17, July 26, August 7, August 14, August 21 Enclosures ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 4, 1984 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on September 4, 1984, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; Building Inspector, Dave Almgren; City Clerk/ A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Clarence Smith - asked if it would be possible to place the bounty back on pocket gophers. He stated they are tearing up everything, and kids will not trap them without a reason to do so. Council didn't know if the County paid a bounty unless the city does too, and the Clerk was asked to check into that procedure. Council stated that item could be looked into when the budget for 1985 is being reviewed. AGENDA APPROVAL The following changes were suggested: Delete Item 4b, Cunningham Addition - Sketch Plan; Add Items 4c, City Park; 4d, Coon Creek Watershed; 4e, County Park on the Rum River; 4f, Hazardous Waste Discussion; 5h, Budget Hearing Date; 5i, Ownership of Utilities; and 5j, Water Connection Charges. MOTION by Elling, Seconded by Knight, that we approve the Agenda as amended. Motion carrled unanimously. VARIANCE/D. CARSON Dick Carson - stated he has talked to his attorney. Based on the information he provided, the attorney feels the legal descriptions contained in the contract for deed conveys the two nonexclusive easements to Doris and himself. He is having the abstract brought up to date, after which his attorney will verify that opinion and put it in writing. He thought he would be able to have that in several days. He asked that the item be tabled for two more weeks to allow time to get that written opinion. Mayor Windschitl agreed, noting the City Attorney will also have to verify ownership of the easement. Attorney Hawkins stated he has prepared a written opinion on this item. The ord i nance requires all lots in the City to have frontage on a public right of way, and the lot width requirement must he measured within the first 30 feet of the frontage. Even if Mr. Carson owns fee title from the lot to County Road g, the lot width does not meet the requirement within the first 30 feet. He could see no way to grant a building permit unless a variance was granted based on the standards in the ordinance. If the lot pre-existed Ordinance 8, it could get by meeting 60 percent of the requirements, but he wasn't sure the lot width would even meet that. He also emphasized that Mr. Carson must own fee title to the easement in order for the Council to consider the variance on lot width. Mr. Carson - understood when leaving the last meeting that a variance for lot width would be required. He also stated he talked with Marlys Chutich about the easement. He didn't think they wanted to do any platting and did not discuss the property to the east of his lot. The Clerk indicated she talked with Mr. Chutich who stated they no longer own that property. Mr. Carson stated he hoped to have his attorney's opinion for the next Council meeting. If not, he will notify the Clerk as to when this item should be placed on the agenda again. Regular City Council Meeting September 4, 1984 - Minutes Page 2 (Variance/D. Carson, Continued) Mayor Windschitl asked for a motion to table the item and allow the Clerk to reschedule it. MOTION by Knight, Seconded by Lachinski, to so move. Motion carried unanimously. CITY PARK Mayor Windschitl asked what progress has been made on the next phases of the City Hall Park. He noted the Clerk's memo indicating there may be $g,OOO in the Park Board budget to be placed toward this project. Mr. Schrantz informed the Council that quotes will be opened on September 17 for Parts 1, 2, 3, and 4 of the park. TKDA has done the drawings and made calculations of the earth work to be done. Council agreed to determine which parts will be done once the quotes are known. COON CREEK WATERSHED Council briefly reviewed the discussion with the Coon Creek Watershed Board on August 29 relative to the ditch law, the public hearings on the repair of Ditch #57, the assessment policy for that repair, and the regional ponding proposal. Council wanted the record to show that they were not necessarily in favor of the repair because they did not have enough information on which to make a decision. They also questioned why money is being spent for the repair when Andover does not have a flooding problem. Mayor Windschitl also reported there may be a move on the part of the Blaine City Council to rescind some of their actions on this item. He thought there is also some concern on the County level of what is taking place, as the County has to provide the money for the repair until it is assessed. Mayor Windschitl asked for a motion requesting a copy of the petition for the cleaning of Ditch #57 from the Watershed Board. MOTION by Knight, Seconded by Elling, to so move. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that we direct the City Attorney to look into the procedure of getting a project under the ditch laws of the State of Minnesota. DISCUSSION: The attorney was asked to research how a project is initiated and can there be a class action appeal against the assessments or must it be done on an individual basis. Motion carried unanimously. MOTION by Knight, Seconded by Orttel, that the Watershed Board provide us with a deflnitive answer as to how the assessments will be determined on the various types of property classifications. Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, that we request a map from the Watershed showing the current 100-year flood contours and also show what the 100-year flood contours would be after the ditch improvement. Motion carried unanimously. COUNTY PARK ON THE RUM RIVER Councilman Knight explained how the cars line up on County Road 7 along the bridge, showing where the access to the County park is and the canoe access to the Rum River. Because the canoe access area is not patrolled, people do not leave their cars there, but instead leave them on the road by the bridge. He stated it is creating a serious problem on the road; it creates a traffic jam on the bridge, is dangerous, and private property is being abused. He suggested asking the County to place the access to the park closer to the bridge, which would alleviate the parking problem along the road. He also suggested the County look at making the canoe access from within the park more accessible so people would use it instead of the private property off the road by the bridge. Regular City Council Meeting September 4, 1984 - Minutes Page 3 (County Park on the Rum River, Continued) MOTION by Knight, Seconded by Orttel, that Pat (Lindquist) prepare a resolution asking the County to consider putting a vehicle and boat access in the park reasonably adjacent to the bridge on the east side of the bridge in the park area to alleviate congestion on the road as well as violation of people's property. (See Resolution R084-84) Motion carried unanimously. HAZARDOUS WASTE DISCUSSION Councilman Elling explained under the State Superfund Bill, Section 30, there is a victims' compensation study, which is funded by $20,000 out of the general fund to look at the health aspect of hazardous waste discharge and legal liabilities. A Legislative Commission on Waste Management is doing this, and he has talked to the people on the Commission about the well situation in Andover as it relates to the extra costs involved because of the well advisory placed on that part of the City. There is a draft that they will be having hearings on September 7 at the State Capitol, and he has approached the committee to look at the water situation and compensating the city or city residents for costs over and above what normal well would cost to replace. Councilman Elling stated he would testify at that hearing. Council felt a Resolution from the Council would be appropriate. MOTION by Orttel, Seconded by Elling, that the Council direct Pat Lindquist to prepare a Resolution for the Legislative Commission on Waste Management stating the City's position and supporting compensation for the costs of wells in excess of a standard well due to the potential for pollution in the Andover well advisory area. (See Resolution R085-84) Motion carried unanimously. Council discussion also noted that some people in the City are drinking bottled water because of the fear of contaminates in the water. Council agreed that the City should have the information as to the most economical and reliable- alternatives fon treating the well water if the residents are concerned about their drinking water. The Clerk was directed to gather that information. PLANS/SPECIFICATIONS, IP84-8/S0UTH COON CREEK DRIVE WEST Mr. Schrantz reviewed the plans and specifications for the MSA road on South Coon Creek Drive west. He stated the road is about the same as previously proposed in front of the Christenson property. They went as far as they could to the south, unless the Council is willing to reduce the setback for the property to the south of the Christenson's. Ray Freeman - stated he had no problem with the plans as proposed. Discussion returned to the curve on the east end of the project as it relates to the setbacks of the property owner~ on the end and the degree of the curve. Mr. Schrantz felt that in the field they can make some minor adjustments to make the road fit. He also stated they will have to do some warping in the street to match existing driveways. MOTION by Elling, Seconded by Lachinski, that we approve the Plans and Specifications for Project 84-8, South Coon Creek Drive West, and direct the City Engineer to move the road as far to the south in front of the Christenson property as practical and can be determined in the field. (See Resolution R086-84) Motion carried unanimously. FINAL PAYMENT, IP84-5/HUGH'S ADDITION MOTION by Knight, Seconded by Orttel, a Resolution as presented accepting work and d1recting final payment to Forest Lake Contracting for Project No. 84-5, Street Improvement - 162nd Lane, HU$h'S Addition Area with the addition of the Chan~e Order as presented, an additional 3,695.75, for a total payment of $59,996.61. (ee Resolution R08ì-84) Motion carried unanimously. Regular City Council Meeting September 4, 1984 - Minutes Page 4 SET HEARING DATE, IP84-6/S0UTH COON CREEK DRIVE WEST MOTION by Orttel, Seconded by Knight, that we set October 2, 1984, at 8 p.m., as the date of the assessment hearing for South Coon Creek Drive, 84-6 Project. Councilmen Knight and Orttel WITHDREW the Second and the Motion. MOTION by Orttel, Seconded by Knight, introducing a Resolution declaring cost, d1recting preparation of assessment roll and accepting assessment roll and setting date for assessment public hearing for the improvement of watermain and sanitary sewer for Project 84-6 South Coon Creek Drive West in the amount of $172,300 for October 2, 8 o'clock at the City Hall. Motion carried unanimously. (This motion was brought back for consideration later in the meeting.) SET HEARING DATE/IP 84-7/KADLEC ADDITION MOTION by Orttel, Seconded by Elling, introducing a Resolution declaring cost, directing preparation of assessment roll and accepting assessment roll and setting date for assessment public hearing for the improvement of watermain, sanitary sewer, streets, and storm drainage for Project 84-7, Kadlec Second Addition, for 7:30 p.m., October 2, 1984. (See Resolution R089-84) Motion carried unanimously. SET HEARING DATE, IP84-6, CONTINUED Council agreed the time for the hearing should be 7:30 p.m. MOTION by Orttel, Seconded by Elling, to bring back the Motion for the assessment hear1ng on South Coon Creek Drive. Motion carried unanimously. MOTION by Orttel, Seconded by Knight, to introduce the same Resolution at 7:30, October 2. (See Resolution R088-84) Motion carried unanimously. EASEMENT TO NORTH CENTRAL/OUTLOT A - NORTHGLEN SECOND Mr. Schrantz explained when the gas line was installed, Good Value Homes owned the property and North Central had an easement from them. North Central wants to record the easement, but the City now owns the Outlot A. So North Central is requesting an easement for the installation of gas lines across Outlot A in Northglen II. Council questioned whether that line is on the private property of Lots 1-4 in the development and directed Mr. Schrantz to make that determination. MOTION by Orttel, Seconded by Lachinski, that the Council grant an easement to North Central Public Service over Outlot A, Northglen Second Addition for gas pipeline and that the North Central Public Service pay any cost incurred by the City in the giving of the easement. Motion carried unanimously. ACCEPT EASEMBNTS - IP84-6 MOTION by Orttel, Seconded by Elling, that the City of Andover accept the easements acqu1red to date for the South Coon Creek Drive Improvement Project. (See Resolution R090-84) Motion carried unanimously. MOBILE HOME PERMIT EXTENSION/HOGLUND MOTION by Elling, Seconded by Orttel, that we extend the Mobile Home Permit for John Hoglund at 370 Andover Boulevard for another gO days. Motion carried unanimously. BUDGET HEARING DATE Mayor Windschitl asked for a motion to set the budget meeting for 7:30, September 13. MOTION by Knight, Seconded by Lachinski, to so move. Motion carried unanimously. Regular City Council Meeting September 4, 1984 - Minutes Page 5 OWNERSHIP OF UTILITIES Mr. Schrantz asked the Council's opinion on a policy for the ownership of water, sewer, and streets in the shopping center. He thought the City should own the watermain and hydrant and have a blanket easement wherever they go. He had no problems with the shopping center retaining ownership of the sewer lines and storm sewers on their property. The City could inspect them and bill the shopping center, which is the way Blaine does it with the Northtown Shopping Center. In Coon Rapids, the city owns all the utilities to the last manhole and maintains them. After discussion, the Council generally felt the City should not own any of the utilities on the private property of the shopping center, but the City should have the right to inspect the utilities and maintain or require maintenance as necessary. Mr. Schrantz was directed to draft a policy for Council action at the next meeting that the utilities would be owned privately but the City would have the right to enter, inspect, and use. CONNECTION CHARGES Mr. Schrantz stated the assessment rolls just adopted for Improvement Projects 84-6 and 84-7 also include the connection charges for water. He asked how that money would be transferred to the water fund. If the money is transferred to the water fund right away, additional monies would need to be bonded to cover that amount, estimating it would be approximately $40,000. Or will it be added to the water fund as the assessments come in, which defeats the purpose of putting the charge on the assessment roll. Attorney Hawkins explained the total for the two projects is approximately $390,000, and the proposal was to use $90,OOO remaining in the 80-3 construction fund and bond for the balance through private placement. If the Council wants to bond for the additional $40,000 for water connection charges, it would mean the bonding amount would have to go out for public issue, which would cost $2,000 to $3,000 more. And to bond separately for the two projects would also be costly as the bonding costs would double. After some discussion, Attorney Hawkins stated there is additional monies in the 80-3 construction fund that could be put toward this project for the water fund so the bond can stay under the statutory limit of $300,000 for private placement. Council felt that most of the assessments in the Kadlec Addition will be paid off relatively soon as it develops, so they advised the attorney to use an additional $20,000 from the 80-3 construction account toward these two projects and bond the $300,000 through private placement. Mr. Freeman - asked if this method will increase the amount of the permit fee. Council expla1ned the amount would be the same whether it was paid in cash with the permit or is being assessed as in this case. It was also explained that a homeowner would not be able to payoff just the connection charge when it is assessed, but he could pay off the entire assessment at any time. ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT Mayor Windschitl reported Frank Stone has resigned as Fire Chief as of this morning. Bob Palmer is the Acting Fire Chief. Acting Chief Palmer - stated Mr. Stone also intends to ask for a gO-day leave of absence from the Department, after which he will come back as a regular fire fighter. Council discussed the August 27, 1984, letter from Todd Rust of Luvern Fire Equipment offering the City of Andover credit in the amount of $540 to be used for future purchases of fire department supplies and equipment. Council asked Acting Chief Palmer to consider using that credit as soon as possible. Acting Chief Palmer stated he would get back to the Council on this matter. Regular City Council Meeting September 4, 1984 - Minutès Page 6 (Andover Volunteer Fire Department Report, Continued) Council then discussed the question of life insurance coverage for members of the Fire Department who are also full-time City employees. It was agreed a clarification should be made to the administrative policy to say that such employees shall be covered under both policies, as it is to the City's advantage to have employees as firefighters and the premiums for the insurance are not that costly. MOTION by Orttel, Seconded by Elling, introducing a Motion clarifying the Personnel Policy under benefits as it relates to employee life insurance, that if an employee is also a firefighter or member of another City organization that is offered life insurance, that that employee shall have the full amount offered by each organization. Motion carried unanimously. Acting Chief Palmer referred to the problem within the Department relative to OSAH's requirement that no one with a beard be allowed on the Department. Council agreed to give some thought to the item and discuss it at the next regular meeting. Recess at 9:15; reconvene at 9:26 p.m. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 8284 through 8323 for a total of $27,410.47. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 9:42 p.m. Marce a A. Peach Recordi g Secretary