Loading...
HomeMy WebLinkAboutCC October 1, 1985 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (612) 755-5100 MEMORANDUM TO: Ma or and council COPIES TO: . FROM: James E. Schrantz DATE: September 27, 1985 REFERENCE: Agenda Commen~s - October 1. 19S5 Item No. 2 - Resident Forum There are many property owners who are still having flooding of their property and water in their basements. These people may be at the meeting. Item No. 3 - Agenda Approval Please add Item No. Sa (Crooked Lake Improvement Project/Matching Funds) and Item No. 6g (Water Problems/Dehn's Addition/Pumping) . These items were not on the published agenda. Item. No. 4 - Public Hearing - Delinquent Sewer/Water Bills Two resolutions have been prepared - one each for water and sewer. Shirley has included a memo explaining the amount of time bills are delinquent. Item No. 5 - Continued Public Hearing - 1986 Budget The budget add-deducts will be provided by ;·ls. Peach per Council request. Discussion Items Discussion items each have item memo. What's Happening? 9/30 Rosella's court case starts. Frank Stone will be back. He has been in Rochester attending the ~¡VWA Conference - hopefully Frank will have been able to get more ideas on pumps from the utility superintendents attending the con- ference. Page 2 Melanie DeLuca and I are meeting to locate and order the Crime Watch signs. Harold Israelson is meeting with me on the boundaries between the Coon Creek Watershed District and the Lower Rum River Water Management Organization. The Lower Rum River Water Management Organization meets for its regular meeting at 7:00 A.H. at the Country Kitchen (agenda attached). Thursday, October 3rd, at 9:00 A.M., the Citres~of~Coon Rapids,and Andover, the watershed, the DNR and the Crooked Lake Association are meeting to discuss the Crooked Lake DNR grant. Monday, October 7th is the public hearing for all outstanding improvement projects. Public notices and individual notices were given to the City Council at the September 24th budget meeting. Please note October l4th is a Holiday for some of uS working class - it is Columbus Day observed. I would like to see the Council and staff put together a happening list and calendar so various Council people and others can attend meetings of interest. Example: If Jim Elling golfs on Thursday P.M. , we may all want to go along. JES:vv CITY of ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER l, 1985 REVISED AGENDA 1. Call to order - 7:30 P.~. 2. Resident Forum 3. Agenda Approval 4. Public Hearing - Delinquent Sewer/Water Bills 5. Continued Public Hearing - 1986 Budget a. Crooked Lake Improvement Project/Hatching Funds 6. Discussion Items a. Richard Szyplinski Variance b. Russell/Stack Drainage c. l8lst Avenue/Section 1 Discussion d. 5-Year I1SA Plan e. Nuisance Ordinance, Cont. f. Warning Sirens Discussion, Cont. g. Water Problems/Dehn's Addition/Pumping h. 7. Non-Discussion Items a. b. 8. Reports of Committees, Staff a. Park Board b. Fire Department 9. Approval of Hinutes lO. Approval of Claims l1. Adjournment - -- -- ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 1, 1985 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl at 7:35 p.m., October 1, 1985, at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Knight, Orttel Councilman absent: Lachinski Also present: City Attorney, William Hawkins; City Engineer, James Schrantz; and others RESIDENT FORUM Terry Hausam, 3731 172nd Lane - adjoining Cedar Crest park. He stated the pond has engulfed hlS property. He had talked to the Council about it previously and some improvements were made. But since mid-August they have had a heavy rainfall, their property has been reduced from one acre to a quarter of an acre. A heavily wooded portion of his property is two to three feet under water. He is concerned that if that freezes in this winter, the trees will die. He asked if that water could be pumped out of there. Council discussed the possibility of pumping the water out of there with the City Engineer. Mr. Schrantz stated both pumps are being repaired at the moment, but one should be back shortly. Council suggested the area be pumped prior to that water freezing in the wooded area. The possibility of raising up the birm a foot around the pond was suggested; however, it was felt this would not resolve the problem. It was agreed the Engineer will see that the water is pumped out of the area before it freezes. The Engineer was also directed to determine what can be done to provide a permanent solution to the problem. Brian Nystrom, 4075 149th Avenue NW - stated hunting is allowed just north of 149th. Last week there was a hunter 300 feet from their house that short:; a pheasant out of season. He called the sheriff; but by time he came out, the hunter was gone. Mr. Nystrom stated he is concerned that a casualty may occur because of the hunting so close to their residential area. Because of the increasing population in that area, he suggested moving the hunting boundary further north of 149th. He stated he under- stands the problem of the growing urban area versus rural Andover; however, he does not want to see any of his or the neighbors' children accidentally shot either. Council discussion was on the provisions of the ordinance, noting permission must be received from the property owner and that hunting is prohibited on anything less than 20 acres. Council was reluctant to change the boundaries unless the item was placed on a published agenda. Council agreed to add this to the October 15 regular agenda. Ken Gust, Developer - asked the Council to consider looking at a sketch plan for the development in Section 28 in the area of 141st and Heather. He stated a preliminary plat had been done previously by a different developer. The Planning Commission had suggested he come to the Council with a revised sketch plan. He wanted to proceed with that development as soon as possible and to have a model home up yet this fall. He then showed the sketch plan with a through street rather than a cuI de sac as proposed in the original preliminary plat. They are also suggesting the City vacate the easement for Dahlia because it is not feasible to build a road in the peat at that location. They are proposing to move that portion of the road to the west. Council generally had no problem with the sketch plan as proposed and suggested the City Engineer look at it further. Council suggested Mr. Gust proceed through the Planning Commission public hearing with a regular preliminary plat based on this sketch plan after talking with the City Engineer. Regular City Council Meeting October 1, 1985 - Minutes Page 2 AGENDA APPROVAL The following additions were suggested to the Revised Agenda: Item 6h, Melanie Deluca/ Neighborhood Watch Signs; 6i, J. Burke/Sonsteby Lawsuit/Closed Meeting; 6j, Glen Sipe and John Lawrence Sanitary Sewer and Water/Requests; 6h, Landfill Surcharge; and Sc, Personnel Committee. MOTION by Elling, Seconded by Knight, that we adopt the Agenda as amended but to reverse Items 5 and 6. Motion carried unanimously. PUBLIC HEARING - DELINQUENT SEWER/WATER BILLS Charlie Veiman - felt the type of language used in the letter to the residents regarding the delinquent utility bills was misleading. He also felt the facts should be more specifically stated, as he did not receive a notice of an overdue bill prior to receiving this letter. Council noted only these not paying their account by October 10 will be certified to the County. MOTION by Orttel, Seconded by Elling, introducing a Resolution certifying to the County Auditor for collection unpaid sewer user charges as presented, and note' that anyone that is able to pay their amounts that are due prior to the certification to the County shall be removed from the roll. (See Resolution Rl14-85) Motion carried unanimously. MOTION by Elling, Seconded by Knight, introducing a Resolution certifying to the County Auditor for collection of unpaid water user charges as presented. (See Resolution Rl15-85) Motion carried unanimously. MOTION by Elling, Seconded by Knight, a Resolution certifying to the County Auditor Tor collection a sewer availability charge paid by the City of Andover as presented, PIN 29 32 24 31 0050. (See Resolution R116-85) Motion carried unanimously. RICHARD SZYPLINSKI VARIANCE Council generally agreed with the recommendation of the Planning Commission. MOTION by Orttel, Seconded by Elling, introducing a Resolution denying the variance request of Richard Szyplinski, 15520 Potowatomi Street NW, Rum River Forest, as presented. (See Resolution Rl17-85) Motion carried unanimously. MOTION by Orttel, Seconded by Elling, that for Richard Szyplinski the amount of the varlance request be applied against the Special Use Permit for the use of having a deck on the Rum River. Motion carried unanimously. RUSSELL/STACK DRAINAGE Tom Krinke, 5131 15Sth - stated they had a neighborhood meeting last Sunday evening and reached an agreement with Clyde Russell regarding a drainage easement to correct the drainage problem in their addition. He stated the neighborhood is concerned that this problem should be resolved now, that time is running out with the onset of colder weather. And they want to begin work on the drainage that was authorized by the Council previously as soon as possible. Mr. Russell is concerned about the permanent flooding of his lowland. Mr. Krinke stated the neighbors have agreed to escrow $100 per family, which is about $1600, to help Mr. Russell obtain the necessary permits from the DNR to provide an outlet from his field to the Rum River. The neighbors will take the responsibility to help him if the lowland remains flooded as a result of this project. Mr. Krinke stated they are now asking the Council to proceed with draining the two ponds to the lowland. They would like to have a culvert Regular City Council Meeting October 1, 1985 - Minutes Page 3 (Russell/Stack Drainage, Continued) put underneath the access road which goes to the lowland and if possible to pump from the ponds to the lowland and from the lowland into the river. They realize there will be a problem because of the birm along the river bank. But if the water gets to be a problem and Mr. Russell cannot farm thati.lowland, then the neighbors will get the necessary permits to drain the water to the Rum River. Mr. Schrantz estimated the cost of materials to do the project to the lowland would be about $5,000. He is now planning to use the Public Works employees for the labor. He felt he would be able to do the ditching and the culvert and stay within the $11,000 that is in the improvement project funds for this project. Clyde Russell - stated he would provide the easement with the understanding that it would be a limited easement for one year only. If it is determined at that time that this is not working, that his field is not usable and is flooded, he wants to have some recourse that that would not be a permanent situation. Mr. Kingle - stated that is where the neighbors would come in to help get a permanent dralnage to the Rum River, which was agreed to last week. Mr. Russell - stated he wants to help the neighbors out and would be willing to lose a crop on that land for a year, but he is not willing to grant a permanent easement and then find out his fields will be flooded every year and would not be farmable because of this project. He did not want to grant a permanent easement unless he can be guaranteed that his fields will not be permanently flooded. Otherwise he would have no recourse if this project doesn't work. And if it works, he would give a permanent easement. There was a lengthy discussion between the Council, the Engineer, the residents, and Mr. Russell on this issue. The Council noted the City must have a permanent easement before it can expend that kind of money on the project and to put pipe in the ground. It was suggested a permanent easement be granted where the pipe would be laid and the City be given an easement to flood the lowland but to hold the City harmless. The residents reiterated what had been agreed to at their meeting, that they would put money in escrow for two years to be used if needed to get the permits from the DNR to get the water out to the river. They realized the ponds need to be drained as soon as possible and that there is not enough time to get the necessary permits to drain into the river yet this fall. Oiscussion was on the'elevations of the lowland and the most practical route to the Rum River. Council noted permits would be needed from both the DNR and the Corps of Engineers, feeling it would not be possible to obtain them yet this fall. The neighbors wanted to drain the ponds this fall, hoping that would alleviate a drainage problem in the spring. The Council and Mr. Schrantz agreed with that. A suggestion was then to take the water from the lowland to the river by going north; however, the problem with that is it involves two other property owners. And it was not known if they would be willing to donate the easements necessary to drain in that direction. Mr. Russell - stated he would be willing to provide the equipment to grade out a ditch ln that dlrection, and that he would allow it to go along his fence line, though that is higher than if it were drained through the Pfannschmidt property. He also stated he would contribute up to $1,000 to help solve this problem. Discussion then centered around Mr. Russell's concern of providing an outlet for the excess water that would be drained into his lowland from the residential area, the problem with getting the water over the banks along the river, and in which direction it would be best to carry that water. Mr. Russell favored ditching to the north and said he would be willing to provide an easement in that direction. Council was agreeable to the proposal as long as the City can obtain a permanent drainage easement on the property. - Regular City Council Meeting October 1, 1985 - Minutes Page 4 (Russell/Stack Drainage, Continued) A suggestion was to obtain a confined permanent easement from Mr. Russell of some dimension, such as 10 to 20 feet, for drainage purposes only with a separate agreement whereby he would allow the City to spill water beyond that easement for the first 12 months. That would allow the ponds to be drained this fall to alleviate the problem with the residents and would allow time to gain the necessary permits and construct an outlet to the Rum River next spring. There was some concern that the City would not have the funds to do both the ditching and drainage from the ponds as well as provide an outlet to the river. It was finally agreed the City would spent up to $11,000 on this project upon receipt of a permanent easement for drainage from Mr. Russell. Drainage would be to the north if possible. Whatever work needs to be done to outlet the water to the Rum River would be the responsibility of the residents in the area in an agreement worked out between them and Mr. Russell. Mr. Russell was concerned about what would happen if the permits to drain to the river would not be approved. The Engineer was asked to talk with the DNR and the Corps of Engineers to obtain a verbal answer as to whether or not they thought permits for that purpose would be granted. Mr. Schrantz also stated the area needs to be surveyed to draw up the legal descriptions for the easements with Mr. Russell. MOTION by Orttel, Seconded by Knight, that we authorize the City Engineer to go ahead wlth the drainage for the Russell/Stack Addition subject to receiving a permanent easement for the outlet of the water for the various properties and further authorize the City Engineer to include a culvert under the access road if needed, for an amount not to exceed $11,000. Costs in excess of $11,000 necessary to correct the drainage problems would be borne by the residents in the area of Russell/Stack Addition provided by an agreement between them. Motion carried unanimously. The Engineer and Attorney were asked to have the easements drawn up and signed as soon as possible, noting the urgency of proceeding with the project this fall. WATER PROBLEMS/DEHN'S ADDITION/PUMPING Mr. ';$Chrantz noted some prices received to purchase a pump. The largest pump of 2,500 GPM with 1,000 feet of hose would be $36,000. Council discussed the various sized pumps and costs of each. Mr. Schrantz stated the company would allow the City to rent this pump and would credit 80 percent of the rental cost toward its purchase. Council then discussed the water problem in Dehn's Addition. The resident at 14465 Guarani presented pictures of his back yard which showed the water had risen six feet in the past two weeks. Council realized the severity of the problem, questioning the possibility of pumping that water into Round Lake. Mr. Schrantz stated at this point the wetland is only slightly higher than the lake. He didn't know how much could be added to the lake, or at what point the lake would leak, or how long that water would stay in the lake. Council then agreed to pump the water into Round Lake for two full days to see if it makes any appreciable difference in the water level around Dehn's Addition. It was noted the'water level of the lake must be monitored to see that none of the homes on the lake are flooded. Mr. Schrantz was authorized to rent a large pump to do this and to hire additional staff as needed on a temporary basis. MOTION by Orttel, Seconded by Knight, that we authorize the City Engineer to arrange the renting of a high volume pump to pump in the Dehn's Addition/Round Lake area and authorize him to hire part-time help as needed for this period of time. Motion carried unanimously. Regular City Council Meeting October 1, 1985 - Minutes Page 5 Council recessed at 9:30; reconvened at 9:40 p.m. M. DELUCA/NEIGHBORHOOD WATCH SIGNS Melanie DeLuca, Community School Coordinator, briefly reviewed the fall Community School program, noting its success with 682 people registered for classes to date. Ms. DeLuca then showed the Council an example of a crime watch sign used by the City of Minneapolis, stating she liked this particular one because it is easy to see. She stated the estimated cost of $50 each is about what it will cost. She also asked the Council's opinion as to where these signs will be located. If they are located at the entrance points to neighborhoods, it would take about 125 signs for the entire City over a period of three to four years and would cost about $6,100. Or signs could be placed only at the main entrances to the City, which would be 14 signs for $700. Or any combination of placements could be determined. Council discussion noted the purpose of the signs are to discourage crime inca neighborhood and that the signs should be placed at the entrances to the neighborhoods involved in the program. It was felt the cost for the entrances to the City and to the specific neighborhoods would cost about $1,500 per year, and the Council agreed to budget that much for signs each year. Council also agreed with the sign shown but to take off the words on top and place "Andover" instead; to read "Crime Watch" instead of watch force; and to read "Area" on the bottom. Council then closed the meeting to meet with the City Attorneys regarding the Rosella Sonsteby lawsuit. 10:00 p.m. The regular meeting resumed at 10:42 p.m. 1986 PROPOSED BUDGET Council discussed the proposed Resolution setting the levy for 1986, noting the amount shown would mean a .006 increase in the mill levy. That was. genera lly acceptab Ie to the Counc il . It was also felt the request of $12,500 for the Rum River Management Board special levy was excessive, agreeing to levy $8,000 instead. MOTION by Orttel, Seconded by Elling, establishing the 1986 levy to be certified to the Anoka County Auditor by the City of Andover. The City Council of the City of Andover hereby resolves the total non-bonded indebtedness levy is hereby set at $656,930, and the total bonded in debtedness levy is hereby set at $138,468; the rest as prepared, with the exception of the Special Levy to be set at $8,000 for the Rum River Management. All other levies are hereby cancelled per the attached list. (See Resolution R118-85) Motion carried unanimously. MOTION by Knight, Seconded by Elling, to work on balancing the 1986 budget after the assessment hearings on Monday, October 7. Motion carried unanimously. LANDFILL SURCHARGE Mr. Schrantz stated if the City wishes to use the $3,400 landfill surcharge, it must submit a plan to the County by October 10. This is a two-year program. It was agreed to have the City Engineer look into the matter further and the Council will make a decision on it at the October 7 special meeting. It was thought the funds could be used for oil tanks. WARNING SIRENS DISCUSSION Council viewed a w~p of the City showing the coverage with the use of five sirens. It was agreed the Buídling Official will redo the map using six sirens to cover the City. Regular City Council Meeting October 1, 1985 - Minutes Page 6 (Warning Sirens Discussion, Continued) Mayor Windschitl also noted it will be possible to finance the program over a five- year period if the Council so chooses. The Building Official was asked to provide a financial package to the Council for six sirens for the October 7 budget meeting. 181ST AVENUE/SECTION 1 DISCUSSION MOTION by Orttel, Seconded by Elling, to table the 181st Avenue, Section 1 Discussion. Motlon carried unanimously. FIVE-YEAR MSA PLAN MOTION by Orttel, Seconded by Knight, that we approve the Five-Year MSA plan as presented by the City Engineer. Motion carried unanimously. GLEN SIPE, JOHN LAWRENCE/SANITARY SEWER & WATER REQUEST Mr. Schrantz explained Mr. Sipe and Mr. Lawrence have requested the city utilities. He is proposing to run separate jacks under Round Lake Boulevard to service each parcel. He reviewed the City's costs and the assessment for each parcel. The assessment for each would be $3,190 for water and $2,770 for sanitary sewer, for a total assessment of $5,960. Council questioned jacking separate lines under the road, suggesting the Engineer look at running one larger line under to serve both parcels. Mr. Schrantz stated then a manhole would be needed on the other side. Council agreed to proceed with the request, noting a waiver of the 429 procedure is needed from each property owner. MOTION by Orttel, Seconded by Elling, that we authorize the City Engineer to proceed wlth the Sipe and Lawrence families on Round Lake Boulevand to provide water and sewer services and obtain a waiver of the 429 proceeding. (See Resolution R119-85) Motion carried unanimously. TRI-CITY NEWS REPORTS Ms. Deluca asked who would be typing up the snynopsis of the Council meetings for the Tri-City News and gathering reports. Charlie Veiman has volunteered to gather information for articles in the paper. Council agreed to have Mr. Veiman work on this matter and directed Marcie Peach to type up the Council Minutes for the paper. They also stated one of the Councilmen will proof the layout prior to publication. PERSONNEL COMMITTEE Councilman Elling stated he has gathered job descriptions for the City Clerk/Treasurer, Administrator, and Acting Administrator positions. He suggested the Council write up job descriptions prior to advertising for a position should the resignation from Ms. Lindquist be accepted. Councilman Knight stated they met with Patricia Lindquist regarding her letter of resignation and her reasons for doing so. He said basically she was unhappy with the rating system as developed, particularly with the relationship between herself and the City Engineer. She thought a 22 percent difference was too much, that a 10 to 12 percent difference would be more acceptable. And she would be willing to have tae pay inequity corrected over a three- to five-year period, not all at one time. Councilman Knight stated the only other thing was she felt her recommendations regarding the other employees in the office were not given proper consideration by the Council. ~ Regular City Council Meeting October 1, 1985 - Minutes Page 7 (Personnel Committee, Continued) Councilman Elling said Ms. Lindquist had said if the Council is willing to reconsider the points for her position and bring it within 10 percent of the City Engineer's and a salary adjustment over three, four, or five years, she would be willinlg to withdraw her resignation. Otherwise, it stands effective October 4. Councilman Elling also stated he personally felt she went about this the wrong way. Councilman Knight stated he too didn't think her actions were the best method of handling the situation and said they expressed that to Ms. Lindquist when they met with her. At this point there was no suggestion as to what should be done; and Mayor Windschitl stated absent any Council action, the resignation becomes effective October 4. Mayor Windschitl then asked if the Council feels it is time to hire a City Administrator. Councilmen Elling and Knight thought that may be necessary at some time in the future but not at this time. They thought a Clerk/Treasurer position would be adequate. At this point Mayor Windschitl stated the Council must either hire or appoint a Clerk/ Treasurer and a Zoning Administrator, and build the budget responsibilities into someone's job description. It was agreed to appoint a temporary Clerk/Treasurer and Zoning Administrator, to meet next week to write up job descriptions, and to advertise for the vacancy. Mayor Windschitl also asked that prior to the meeting next week the Council give some serious thought as to how the City should function administratively. MOTION by Orttel, Seconded by Knight, that Marcie Peach be appointed temporary Clerk/ Ireasurer of the City of Andover at the rate of $10 an hour for up to two hours per day. Motion carried unanimously. MOTION by Elling, Seconded by Knight, that we temporarily assign the Zoning Administrator dutles to Jim Schrantz. Motion carried unanimously. MOTION by Elling, Seconded by Orttel, that we have a special City Council meeting on the 8th of October to discuss restructing of City Hall personnel. Motion carried unanimously. MOTION by Knight, Seconded by Elling, that Jim Schrantz be the office administrator until this is resolved, that the administrative decisions be made by him; and that Marcie Peach be given authority to be able to delegate work to get it done. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 10062 through 10118 for a sum of $167,686.37. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 12:13 a.m. Respectfully submitted, ~~~ Marce la A. Peach Recordi Secretary -