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HomeMy WebLinkAboutCC July 2, 1985 /~~::'~->-". )\ CITY of ANDOVER '\ ..' 1685 CROSSTOWN BOULEVARD NoW.. ANDOVER, MINNESOTA 55304. (612) 755-5100 ·c", ' "~.:::-:-:.."' MEMORANDUM TO: MAYOR AND COUNCIL COPIESTa, A:TORNEY~ FROM: ^ ^D HITC::~ _ DATE: JUNC 27, 1985 REFERENCE: ^GDID^ CQMMI'~TC:: Jill v ? lqR~ MI'I'T1Nr:: Item No. 3 - Agenda Approval Please add Item No. Sf - Wicklund Drainage. Item No.4 - Presentation/An ok a Chamber of Commerce Tom Snell of the Anoka Chamber will be here to discuss with the Council, the benefits and advantages of belonging to the organization. Enclosed is some data for your review prior to the meeting. Item No. Sa - Lot Split/J. Perry Enclosed is a recommendation from the Planning and Zoning Commission for approval of the request. The City Council has previously given conceptual approval of this lot division. A resolution is prepared. Item No. 5h - Special Use Permit/M. Benson Enclosed is a letter from John Stine of the DNR covering his investigation of the mining request and its impact on Round Lake and Coon Creek. The letter indicates he does not feel the proposed excavation will lower the lake level; and the impact on Coon Creek is dependent upon the work done during the ditch cleaning and repair project. If the Council has any additional questions, or would want further interpretation from Mr. Stine, he advised you could telephone him. Item No. Sc - Driveway Restoration/D. Page The City Engineer has contacted Mr. Carlson, however, has not yet received a response as to the disposition of this item. Agenda InformatiL . July 2 Regular Meeting Page 2 Item No. 5d - Bond Sale/1985 Utility Improvements Enclosed is the revised payment information from the City Attorney. The bond amount will remain the same; the only difference being the manner of payment and a reduction in the principal amount for the first two years. Mr. Hawkins will have copies of the bond resolution for your use. Item No. 5e - Distribution/1983 CDBG Funds Enclosed i s a balance sheet on the 1983 CDBG Funds. An additional $5,000 of equipment for the park was ordered on Thursday, June 27, per Council directive of June 25. After this order the balance on hand is down to $4,554; It was recommended on June 25 to divide this between Alexandra House and Home Rehab. Item No. 5f - Wicklund Drainage Enclosed is a memorandum from the City Engineer covering this drainage problem. A motion is needed for approval to lower the culvert. Item No. 6a - Amend Ordinance No. 8/Minor Retail Attorney Hawkins has reviewed my memo relative to the interpretation of several provisions of Ordinance 8 possibly applicable to the Round Barn operation; he feels the only way in which this can be hand led (if the Council feels this type of operation could fit into a "home occupation" category), is by amending Ordinance No. 8 to a II ow for a "craft boutique" by Special Use Permit on residential properties containing? acres or more. This should be referred to the Planning and Zoning Commission for the public hearing. Item No. 6b - Shoreland Zoning Ordinance Enclosed are two memorandums from the Department of Natural Resources covet~ng DNR interpretation of various items in the proposed ordinance. The Council expressed concern about the man n e r in which these items would be handled. Item No. 6c - Accept Petition/Street Improvement-164th Lane Enclosed is a petition from property owners on 164th Lane. This petition was presented at the June 18 Meeting. During the past week, I have received telephone calls from three of the property owners on the petition, indicating they had assumed they were only asking for an estimated cost when they signed the pe t it ion; and were, in no way requesting the improvement. They were informed of the Chapter 429 proceedings--they indicated they will request their names be removed from the petition. If their names are deleted it reduces the number of property owners to approximately 30% requesting the improvement. Agenda InformatiolJ July 2 Regular Meeting Page 3 Item No. 7 - County Study/Crooked Lake Boulevard This item is continued from the June 18 Meeting. A motion is needed for approval of the County to proceed. Item No. 7 - Andover/Anoka Storm Water Plan This item is continued from the June 18 Meeting. You have received a memo from the City Engineer. Item No.8 - Approval of Minutes A fu II Counci I wi II not be in attendance, therefore, this item is to be tabled. Enclosures CITY of ANDOVER REGULAR CITY COUNCIL MEETING JULY 2, 1985 AGENDA 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Presentation - Anoka Chamber of Commerce 5. Discussion Items a. Lot Split/J. Perry b. Mining Permit/M. Benson c. Driveway Restoration/D. Page d. Bond Sale - 1985 Utility Improvements e. Distribution/'85 CDBG Funds f. Wicklund/Drainage 6. Non-Discussion Items a. Amend Ordinance No. 8/Minor Detail b. Shore land Zoning Ordinance c. Accept Petition/Street Improvement 7. Reports of Commissions Commitees, Staff a. City Engineer - Co. Study/Crooked Lake Blvd. Andover/ Anoka Storm Water 8. Approval of Minutes g. Approval of Claims 10. Adjourment ~ 01 ANDOVER REGUl PH CITY COUNCIL MEETIMG - JULY 2, 1985 MHiUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on July 2, 1995, 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Knight (arrived at 9:40 p.m.), Lachinski, Orttel Councilman absent: Ell i ng Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; Planning & Zonimg Chairman, Don Jacobson; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Ken Posterick, 3468 South Coon Creek Drive - wondered how to go about solving the problem with the storm sewer across Round Lake Boulevard. When it rains heavily, it totally floods his yard. Mr. Schrantz stated it looks like it is plugged up, and he is requesting the county to clean it out. Council directed that Mr. Posterick be notified of the action taken to correct the problem. Archie Kirchner, South Coon Creek Drive - stated the road was not put in right because the runoff dralns toward hlS property. Mr. Schrantz stated the consulting engineer was supposed to be out there to make sure the water will stay on that north curb. He stated that will be taken care of. Curt Neva, r1ark's Plumbing - presented the Council with a letter, outlining a problem he had with a Clty sewer service for Archie Kirchner, 3436 South Coon Creek Drive. The service line coming to the property was too high. He asked for reimbursement of the additional expenses he incurred because of that and also because of the actions of the consulting engineer, which he thought were uncalled for and unprofessional. Council agreed to place this item on the Agenda. AGENDA APPROVAL The following additions to the Agenda were recommended: 5g, Mark's Plumbing; 5h, Library; 5i, Landfill/Consultant; and 7b, Park and Recreation Commission/Joint Meeting on Survey Results. MOTION by Orttel, Seconded by Lachinski, to approve the Agenda as amended. Motion carrled on a 3-Yes vote. ANOKA COUNTY CHAMBER OF COMMERCE Tom Snell of the Anoka County Chamber of Commerce reviewed the benefits of their organization, asking that Andover become a member. The organization presently represents the Cities of Blaine, Coon Rapids, and Spring Lake Park, and are dedicated to serving the interests of the communities from a county perspective. MOTION by Lachinski, Seconded by Orttel, authorizing the expenditure of $150 to join the Anoka County Chamber of Commerce. Motion carried on a 3-Yes vote. LOT SPLIT/J. PERRY Planning and Zoning Chairman Don Jacobson reviewed the Commission's recommendation to approve the lot split subject to park dedication. MOTION by Orttel, Seconded by Lachinski, that we approve the Lot Split for Jim Perry as recommended by the Planning and Zoning Commission at 418 Andover Boulevard NW. (See Resolution R065-85) Motion carried on a 3-Yes vote. ~- Regular City Council Meeting July 2, 1985 - Minutes Page 2 MINING PERMIT/M. BENSON Mayor Windschitl noted the comments from the DNR indicating they had no objection to the mining permit; however, there appears to be an indication that they expect Mr. Benson to fill in everything that is being taken out. And he thought it is Mr. Benson's intention to fill in the front three acres only as a buildable site. Marvin Benson - stated he has no objection to filling in the front three acres. He had lntended to do that in the future, but would be willing to do it in conjunction with the Special Use Permit. He also told the DNR he would be filling a roadway to get at the material, and that he would fill in the front three acres along County Road 9. He didn't give any indication that he would refill the entire parcel. And the DNR had no problem as far as the water table is concerned. Council generally agreed to approve the permit without fillilng the rear area unless they hear contrary to that from the DNR. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving a Special Use Permit for Marvin Benson at property located at 14817 Round Lake Boulevard for the mining of soils with the following conditions: no dirt will be removed from the site before 8 a.m. or between the hours of 4 and 6 p.m., or after 8 p.m.; special use permit will be subject to an annual review; subject to the posting of a $2,000 escrow security for completion of the work; and that any excavation completed in the front three acres be refilled with clean fill; and that the rest of the property will not be subject to refilling unless word to the contrary is received from the Department of Natural Resources. (See Resolution R066-85) Motion carried on a 3-Yes vote. DRIVEWAY RESTORATION/D. PAGE Mr. Schrantz explained the work done by the developer was in the right of way and on Mr. Page's driveway. The road and right of way was then dedicated to the City. Mr. Carlson is now willing to pave the portion of restoration on Mr. Page's property, but not for that portion on what is now the City's right of way, about 15 feet. D. Page - stated the title of his land gives him the right to get out to the road. It was a blacktop driveway out to the street before it was tore up by the developer to correct the grade to the street. He had expected the driveway to be reblacktopped. Council discussion noted that the entire 60 feet of the road was within the plat and came from the developer's property, that the developer feels Mr. Page in effect received a free paved street past his property, that the developer was required to put in the street, and questioned what role the City should play in this dispute. Attorney Hawkins stated it sounds like a private matter between the developer and Mr. Page, a dispute between two landowners. Council agreed, and advised Mr. Page to negotiate an agreement with the developer. There was also a question as to whether or not the easement to the east of the paved street was vacated with the plat. That item needed further research as the documentation for that was not readily available during the discussion. BOND SALE - 1985 UTILITY IMPROVEMENTS Attorney Hawkins briefly reviewed the copy of the revised calculations for the bond sale for 1985 utility improvements. MOTION by Lachinski, Seconded by Orttel, a Resolution providing for the issuance and sale of $2,350,000.00 worth of General Obligation Improvement Bonds for 1985 Improvement Projects, as presented by the City Attorney. (See Resolution R067-85) Motion carried on a 3-Yes vote. Regular City Council Meeting July 2, 1985 - Minutes Page 3 DISTRIBUTION/'83 CDBG FUNDS MOTION by Orttel, Seconded by Lachinski, that from the 1983 CDBG Funds that $2,554 be directed toward Home Rehabilitation for the City of Andover. Motion carried on a 3-Yes vote. (Note: Motion made on June 25, 1985, Special Meeting to also direct $2,000 to the Alexandra House.) WICKLUND/DRAINAGE Mr. Schrantz reviewed his memo regarding the lowering of the culvert in the ditch. The culvert was placed according to the plan, but he didn't know why it was placed that high. Mr. Wicklund built his garage about 1981, and the basement is quite low. This would facilitate drainage in the ditch and keep the water off his property. Council was concerned with how the lowering of the culvert impacts the neighbors across the road. Council agreed to table this until that information is determined. It was also felt the people across the road should be notified of the proposal. MARK'S PLUMBING Mr. Schrantz reviewed the ordinance requirements, noting the contractor did not follow some of the requirements. He had talked to Mr. Neva and there was an agreement about how it was to be installed. Mr. Schrantz stated he negotiated with Mr. Neva that the City would be willing to contribute because of the cutting of the basement and because it is an unusual situation, which the City really doesn't have a responsibility to do. Mr. Schrantz continued that Mr. Neva did install the others in the neighborhood, so he should have been aware that there was going to be a problem. He thought he had negotiated an agreement with Mr. Neva that the City would contribute $500 because it is not normal to have to cut into the footing. That cost would then be charged to the project. Council felt the major problem Mr. Neva had was the way he was treated by the representative of TKDA and the person from Channel Construction. MOTION by Orttel, Seconded by Lachinski, that we authorize an expenditure of $500 to Archie Kirchner and Mark's Plumbing due to the fact that in the feasibility report for the sewer and water project, the City was aware that there was very close tolerance on elevations for this property and it was anticipated that cutting into the footing of the home would be necessary; and that because cutting into the footing is so unusual, we feel he should be reimbursed for the extra work to do that; payable from the project fund; and note that this is the extent of any obligation the City feels it has in the matter of the sewer connection. Motion carried on a 3-Yes vote. LIBRARY Mayor Windschitl asked that a Resolution be prepared to the Anoka County Library Board asking that Andover be considered for this project year for a branch library within the City, and that the City would be forwarding possible site locations and proposals in the near future. MOTION by Lachinski, Seconded by Orttel, to so move. (See Resolution R070-85) Motlon carried on a 3-Yes vote. LANDFILL/CONSULTANT Council agreed that the City needs a technical consultant to help analyze the test results coming from the studies being done at the landfill. Mayor Windschitl stated that Barr Engineering would be agreeable to representing the City, though it could not make a commitment just yet. Regular City Council Meeting July 2, 1985 - Minutes Page 4 (Landfill/Consultant, Continued) Council felt comfortable with enterin,g a joint project with the County to have Barr Engineering evaluate the test results. MOTION by Orttel, Seconded by Lachinski, that we direct the City Clerk to prepare a Resolution whereby the City of Andover would join together with the County of Anoka to engage a consulting firm for on-going evaluation of test results from the I andfi 11. (See Resolution R071-85) Motion carried on a 3-Yes vote. ACCEPT PETITION/STREET IMPROVEMENT/IP85-2 Ed Westpahl, 3060 164th - asked if the road can be graded. It is a dirt road with no gravel on it at all. The Council asked the Engineer to research the grading logs for this street to determine when it was graded last and to have it bladed in the next day or two again. Mr. Schrantz stated a major complaint can be eliminated if a blacktop mat about 25 or 30 feet back from Round Lake Boulevard were constructed to facilitate entrances and exits from Round Lake Boulevard. Otherwise it is a dangerous intersection. Mr. Westpahl - stated if there was a culvert at the end of the road, the problem with the water would be eliminated. Council then discussed the petition for the street improvement. The Clerk noted with the removal of the request by Gary Steinke, and assuming the signature of Jim Perra is a yes, the petition represents 6 out of 12 property owners, assuming the two parcels abutting Round Lake Boulevard would also be included in the project. Mr. Schrantz stated he talked with Mrs. Curtis, who also wanted to remove their name from the petition; but he explained the process and she agreed to leave the name on the petition at least for now. He also explained that he had the numbers put together last fall in anticipation of the petition, but explained this evening the Council is only declaring the adequacy of the petition and ordering the feasibility study. He felt there is a misunderstanding in the neighborhood that the project has already been ordered. Mr. Westpahl - asked why the report was made before the petition came in. Mr. Schrantz stated someone had called him last fall asking for information, and he anticipated a petition coming in. But the City is not circumventing the 429 improvement project procedure, explaining the legal procedure the City must go through. Mr. Ritter - stated he did not have the numbers when he went around with the petition because he did not realize the City Engineer had them. Since submitting the petition at the last meeting, he received the information from the Engineer and gave those figures to the neighbors. He also showed the Council pictures of the two lots abutting Round Lake Boulevard, that even though they have driveways onto the county road, they also have driveways coming onto 164th Lane. It was his opinion that they should then be assessed as part of the improvement project, which would also lower the costs to everyone affected. Council noted the engineers need to determine the number of units in the project, but those end lots should be included in the public hearing process un I ess it is determi ned otherwi se. MOTION by Orttel, Seconded by Lachinski, a Resolution declaring adequacy of petition, orderlng preparation of a feasibility report for the improvement of street construction, Project No. 85-2 in the 164th Lane, Round Lake Boulevard, Heather Street grid area, as prepared. (See Resolution R072-85) Motion carried on a 3-Yes vote. Council also felt it would be helpful if the Engineer would meet with the residents on site to explain the project and the procedure involved to clarify any misunderstanding there may be. Recess at 9:04; reconvene at 9:18 p.m. ; Regular City Council Meeting July 2, 1985 - Minutes Page 5 ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT Fire Chief Bob Palmer asked for permission to burn the "Old Post Office" on the corner of Crosstown and Constance Boulevards. MOTION by Orttel, Seconded by Lachinski, that the City deviate from its policy and accept the letter from the county authorizing the burning of the "Old Post Office". Motion carried on a 3-Yes vote. AMENDMENT TO ORDINANCE NO. 8/MINOR RETAIL MOTION by Orttel, Seconded by Lachinski, that we refer the matter of amending Ordlnance 8 to allow minor retail areas in a home to the Planning and Zoning Commission for discussion and recommendation; plus the discussion on the development of a special limited retail business district for the rural area; and the possibility of zoning district between Neighborhood Business and Shopping Center with some limited uses for the Urban Service Area. Motion carried on a 3-Yes vote. SHORE LAND ZONING ORDINANCE It was noted the adoption of an ordinance requires a 4/5 vote. MOTION by Orttel, Seconded by Lachinski, that we table the Shoreland Zoning Ordinance untll the second meeting in July. Motion carried on a 3-Yes vote. COUNTY STUDY/CROOKED LAKE BOULEVARD Council discussed the June 17, 1985, memo from the City Engineer regarding a County Study for the Crooked Lake Boulevard relocation, noting it would be a direct north- south run and would provide direct access to Highway 242 from Andover. A suggestion from the Council was that the alignment abut the existing junkyards so it would be a dividing line between the commercial and residential areas south of Bunker Lake Boulevard. The Mayor explained it was decided to pool the requests from the Cities of Coon Rapids, Anoka, and Andover to have the County do an engineering report for all the different pieces of roadwork to be done in the county affecting the three cities. Mr. Schrantz estimated Andover's share to be about $5,000. Council agreed with the principle of having the engineering report done, but was concerned that Andover pay only its proportionate share, feeling at this time that $5,000 for a feasibility report is somewhat high. Mr. Schrantz stated they would also study the traffic and how it impacts Crooked Lake, what the new location of No. 116 is going to do to Round Lake Boulevard, etc. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution requesting Anoka County study highway location alternatives in the vacinity of Crooked Lake Boulevard, County Road 18, and County Trunk 242, as prepared; and that the City of Andover agrees to participate in the cost of the study, an amount to be based on a negotiated amount relative to the benefit derived by the City of Andover. (See Resolution R073-85) Motion carried on a 3-Yes vote. ANDOVER/ANOKA STORM WATER (Councilman Knight arrived at this time. 9:40 p.m.) Mayor Windschitl preferred that the county engineers, the City of Anoka engineer, and Andover's engineer sit down to resolve the drainage problem, including that of Woodland Terrace, Rosella Sonsteby, and Dehn's Addition. Mr. Schrantz stated he is still working with the county and the City of Anoka relative to the drainage for the relocation of 116. The City of Anoka wants to know the impact of that drainage; and he thought the county was talking of cleaning the Regular City Council Meeting July 2, 1985 - Minutes Page 6 (Andover/Anoka Storm Water, Continued) ditch to the pipe. He stated that is different water than thatof the Lary Carlson plat of Woodland Terrace. They will be laying drainage pipe to drain the water out of the Coon Creek Watershed into the Chutich pond, which ultimately drains into the City of Anoka. The plat does not increase the rate of flow for the City of Anoka, but it does increase the volume of water coming into that city. Andover has not yet signed an agreement with the City of Anoka regarding that particular drainage; and he was concerned that the City of Anoka could stop the project and not allow drainage from another watershed into their system with nothing official being agreed to. There was some discussion as to the possibility of approving the agreement with the City of Anoka regarding the Woodland Terrace plat only or waiting to work out all the water problem with the City of Anoka and Anoka County. Another concern brought up was the impact the relocation of 116 will have on the Chutich pond, thinking that county project would have the greatest impact by reducing the area of that pond. The boundaries of the Chutich pond should be researched and the impact of the road on that pond determined. It was thought that the funds being requested by the City of Anoka for the right to drain Woodland Terrace through their drainage system should be used for ditching within the City of Anoka to facilitate the additional volume of water. It was generally agreed that the City should ask for a feasibility study from the Cities of Andover and Anoka and Anoka County to solve the entire water problem in that southwest area of Andover and into the City of Anoka. The Council also generally supported the concept of an agreement with the City of Anoka regarding the drainage from the Woodland Terrace plat but preferred to solve the entire problem at one time rather than in a piece-meal fashion. Council also asked that for the next meeting the Clerk, Engineer, and Attorney determine what the developer did payor should pay for storm drainage for Woodland Terrace according~tothe established assessment pOlicy, as that has never been thoroughly addnessed by Andover. MOTION by Orttel, Seconded by Lachinski, directing the City Engineer to prepare a Resolution proposing a joint feasibility study for the area in the southwestern part of Andover and the northeastern part of Anoka addressing all the problems known in that area; and that it be a joint agreement between the City of Andover, the City of Anoka, and the County of Anoka. (See Resolution R074-85) Motion carried on a 4-Yes vote. MOTION by Lachinski, Seconded by Orttel, that we direct the City Engineer to determine the amount of assessment, if any, under current policy which should be collected relative to the Woodland Terrace property. Motion carried on a 4-Yes vote. PARK AND RECREATION COMMISSION/JOINT MEETING ON SURVEY RESULTS MOTION by Orttel, Seconded by Lachinski, that we hold a special meeting on July 18 wlth the Park Board and for Ordinance 8 review. Motion carried on a 4-Yes vote. APPOINTMENTS TO COMMUNITY DEVELOPMENT COMMITTEE Mayor Windschitl suggested the following people be appointed to the Commmunity Development Committee: Jim Perra, Adrian Smith, Al Chapman, Dennis Neiman, Ed Fiori, Dorinne Dillon, and Kathy McAlpine. Council agreed to combining the Economic Development Committee with the Community Development Committee. MOTION by Orttel, Seconded by Lachinski, that the persons nominated by the Mayor be appolnted to the Community Development Committee of the City of Andover. Motion carried on a 4-Yes vote. Regular City Council Meeting July 2, 1985 - Minutes Page 7 (Appointments to Community Development Committee, Continued) Council briefly discussed the concept of tax increment financing for the community, suggesting the Committee look into that further. The Clerk also noted that Andover is the third alternate for State MHFA funding. HANSON BOULEVARD RIGHT-OF-WAY ACQUISITION Mayor Windschitl stated he met with representatives from the county today regarding the difficulty the City is having in reaching an agreement for the right of way on the portion along Ward Lake Drive and the potential problem for easement acquisition for the remaining two-mile section. He discussed with them the possibility of their taking over the entire project, with the City then taking back a road as a City street in exchange. They will give an answer to the City about this matter on July 12. He suggested this matter be held until that time. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Lachinski, that we approve Claims 9677 through 9745 ln the amount of $81,452.90. Motion carried on a 4-Yes vote. MOTION by Orttel, Seconded by Knight, to adjourn. Motion carried on a 4-Yes vote. Meeting adjourned at 10:45 p.m.