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HomeMy WebLinkAboutCC January 7, 1986 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 7, 1986 AGENDA l. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Organizational Items a. Appointment of Acting Mayor b. Designation of Official Newspaper c. Selection of Official Depositories d. Approval of Official Bonds e. Special/Standing Committees f. Appointment of Commission Members g. Appointment of Commission Chairpersons 5. Discussion Items a. Round Barn b. Street Lights c. Hearing Examiner/Nuisance Ordinance d. Roof Pitch Change *e. Chuck Cook Sketch Plan f. 6. Non-Discussion Items a. Junkyard Licenses b. Contract Approvals c. Final Payment/Projects 85-14 & 85-15 d. Award Contract/Telemetering/IP 85-10 e. Change Order/Pumphouse #2/IP85-9 f. Meeting Date/Park Board & Andover Athletic Assn. g. Meeting Date/P&Z & Park Board Interviews * h. Kennel License/Nehrt 7. Carlson Assessment Appeal (9: 00 PM) 8. Reportsof~Cömmissions, Committees a. 9. Approval of Minutes 10. Approval of Claims ll. Adjournment *Not on published agenda CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 7, 1986 mNUTES The Regular Bi-Month1y Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on January 7, 1986, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Knight, Lachinski, Ortte1 Councilmen absent: None Also present: City Attorney, William G. Hawkins; TKDA Engineers, John Davidson and John Rodeberg; City Administrator/Engineer, James Schrantz; and Planning and Zoning Commission Chairman, Oon Jacobson AGENDA APPROVAL The following additions were suggested: Item Sf, IP85-8 Water Trunk Extension; and 8a, Andover Volunteer Fire Department. MOTION by Knight, Seconded by Ortte1, to approve the Agenda as amended. ~1otion carrled unanimously. STREET LIGHTS Mayor Windschit1 explained he had asked the Sheriff's Department to provide a priority list of which roads intersecting with county roads most need street lights. Of the list provided by the Sheriff's Department, the following intersections are the first choices to receive street lighting: County Road 7 and 147th Lane County Road 9 and South Coon Creek Drive Crosstown Boulevard and 138th (Councilman Elling indicated a light is already there) Crosstown Boulevard and 139th Hanson Boulevard and Bunker Lake Boulevard Prairie Road and Bunker Lake Boulevard Crooked Lake Boulevard and Bunker Lake Boulevard Hanson Boulevard and Andover Boulevard County Road 20 and Xenia A resident asked about the City's policy of installing street lighting in the neighborhoods. The Council explained at the present time there is no policy for lighting the neighborhoods mainly because of the economics of it. It would become a major item in the budget, it is difficult to make it equitable because of the urban and rural sections of the City, and there is no way of assessing for them. It was noted that in the past residents often times shared the cost of a security light if lighting was desired. Council then discussed the recommendations of the Sheriff's Department. It was thought the 1986 budget has funding allocated for the installation of eight street lights. Councilman Elling thought the Council should look at locating the lights based on a traffic count . basis or some other specific criteria. He also felt a policy should be approved regarding a street light standard. Councilman Knight also questioned the priority list, feeling such T-intersections as Nightengale and County Road 20 and 157th and Seventh Avenue could be priority intersections. Regular City Council Meeting January 7, 1986 - Minutes Page 2 (Street Lights, Continued) Councilman Elling agreed to provide the Council with a copy of a proposed street light standard. Mayor Windschit1 also agreed to have the Sheriff's recommendations typed up for Council review for the next regular Council meeting. MOTION by Elling, Seconded by Knight, to continue the item to the January 21 Regular Meeting. Motion carried unanimously. CHUCK COOK SKETCH PLAN Council reviewed the proposed sketch plan for residential development east of Hanson Boulevard just north of Hartfiel's Estates. Mayor Windschitl explained the potential for Hanson Boulevard to be the main corridor for the extension of municipal utilities, which would directly affect this particular plat. With the potential of hugh assess- ments against 2~-acre lots, he suggested the Council look at other alternatives to 2~" acre lots in this particular area in an effort to preserve that corridor for future urban expansion. Council discussion on development in this area other than 2~-acre lots included suggestions to 1) provide for future subdivision of the 2~-acre lot and require the location of the house to facilitate subdivision in the future; 2) allow small-lot development and allow development only on every third lot until utilities are available; or 3) allow for some flexible development such as done in other cities to allow the property to be developed into as many one-acre lots that would equal the number of 2~-acre lots that would normally be developed on the parcel, concentrate that development in one area of the plat, and place a restrictive covenant on the remaining property in the plat to prohibit development until such time as municipal sewer and water are available. After some discussion, the Council generally favored the third suggestion, noting in this plat the developer could plat 25 one-acre lots. One-acre lots would meet the on-site sewage system requirement. It was emphasized that future subdivision should include a logical extension of the streets and would allow the lots to be split into one-half acre lots. Council also acknowledged the ordinance would need to be amended to allow this type of development, and that it would only be allowed in areas to be preserved where it is felt municipal utilities would be available in the future. It could be a transitional area from the present rural to future urban resubdivision and would be to protect areas where there is a reasonable chance of sewer and water availability in the future. Hanson Boulevard is about the only corridor left for expansion of the MUSA area. Mr. Cook and Jeff Caine, Surveyor - indicated their preference for smaller lots in the plat and agreed to provide another sketch plan showing up to 25 one-acre lots concentrated in one area of the plat and showing the future subdivision when utilities are available. Council also asked if there was some way of exiting 147th Lane to Xenia. Mr. Cook - noted the lOa-foot strip between this property and the road is owned by someone else. Council felt that should be investigated further. Mr. Caine - stated the Park Board has asked for a small park in the plat. They would prefer to provide park dedication fees instead, noting the number of parks already available in the vicinity. Council agreed to look at it further once the plat comes in. Council also noted a possible assessment against the property for Hanson Boulevard. Council agreed to add the discussion of the Hanson Boulevard assessment hearing on the January 21 Agenda. Council also agreed to add the sketch plan to the January 21 Agenda as well, with the developers agreeing to present a revised sketch plan based on this evening's discussion. Regular City Council MeetiQg January 7, 1986 - Minutes Page 3 ANDOVER VOLUNTEER FIRE DEPARTMENT Firefighter Paul Gengler - stated members of the Department have always had the opportunlty to wash their vehicles in the station until the Council ruled against it last month. He asked that the firefighters again have the privilege of washing their person~ vehicles in the station, presenting a petition from the firefighrers on that issue. He argued most other departments allow such use of the station as well as allow the members to work on their vehicles. Mr. Gengler stated they accept not being able to work on the cars, but many people use and appreciate the services of washing their cars. He felt it is a privilege for the members who often use their vehicles for many errands for the Department. Plus it often means there are people at the statioQ when a call comes in, thereby providiQg a quicker response time. He stated the Fire Chief also has no problem with it if the Council agrees. Firefighter Phil Rzeszutek - agreed with Mr. Gengler, that they are only asking for permission to wash their vehicles and would not be using any of the equipment at the Fire Station. Councilman Orttel stated there is no problem with insurance coverage, though the City should realize there is more of a potential for liability if this is permitted. MOTION by Orttel, Seconded by Knight, that we allow the Fire Department members to wash their vehicles at the Fire Station. Motion carried unanimously. Fire Chief Bob Palmer reported they will not be housing the DNR vehicle that they had considered. He also reported the inspection of the Minnesota Tire Recycling site. The fire lanes are clear, but they will need to install a gate and plow the road between them and Bob's Auto Parts on the east side. Most of the hazardous waste barrels have been removed. Chief Palmer also reported 21 members have taken the physicals. Eighteen of them passed with no restrictions; 3 have limited restrictions. There were 141 calls in 1985. ROUND BARN DISCUSSION Attorney Hawkins reviewed his opinion on the Round Barn. He stated this is an activity everyone seems to want to allow, and he had indicated the property could be rezoned or a new classification added under Special Uses for the district to allow this activity. The latter would require an ordinance amendment. Coundil discussion indicated a concern for rezoning the property because of the three residences on the property. Councilman Orttel indicated this is a unique situation, and that rather than having residential houses in a business zone, a Special Use Permit should be granted allowing the round barn as a commercial building. Councilman Lachinski asked if a PUD could be done, since there is more than one use on the parcel. Council generally felt the Attorney should write the necessary language to amend the ordinance allowing the Round Barn activity by Special Use Permit. MOTION by Orttel, Seconded by Elling, that we direct Bill (Hawkins) to put his thoughts and comments in writing on the Round Barn situation to be available for the January 21 meeting. Motion carried unanimously. IP85-8 WATER TRUNK EXTENSION Mr. Rodeberg reviewed their recommendation to run the water line along the east side of Crosstown Boulevard from 138th Avenue to 139th. It would be more costly on the west side because of the underground utilities, tree removal, boulevard and driveway restoration, etc. They are also proposing augering individual services to each lot, as it is less expensive than running a larger service across to serve several homes. Regular City Council Meeting January 7, 1986 - Minutes Page 4 (IP85-8 Water Trunk Extension, Continued) Council agreed to bid the cost of jacking the line under the road as an alternate bid and to include that cost of providing service to those individuals on the opposite side of the road as part of the cost of the watermain. Council also suggested TKDA look at jacking lines across to individual lots along Bunker Lake Boue1vard as well. Council recessed at 8:56; reconvened at 9:08 p.m. CARLSON ASSESSMENT APPEAL Lawrence Carlson, developer, and Steve Munstenteiger, Anoka Attorney, were present. Mayor Windschitl reviewed the past events regarding the assessment on Mr. Carlson's property now platted as Woodland Terrace, noting the original 1980 assessment on 12 acres to tie into the drainage system, the agreement Mr. Carlson made with the City of Anoka to pay $30,000 for the use of the drainage system through their city, and the City's assessment against the remaining approximately 66 acres of the property for use of the City's storm drainage system. The Mayor also pointed out the potential for another assessment in the entire drainage district as a result of the County's study and proposal to alleviate the water problem in the southwestern portion of Andover and into the City of Anoka. Because of the agreement with the City of Anoka made by Mr. Carlson, he probably would be removed from that assessment process for this project; however, the original 12 acres would probably be brought into that hearing. Mr. Munstenteiger - asked if the City of Anoka was paid in 1981 to drain into their system. Mayor Windschitl said no, ahdithat is where the basis for this new assess- ment is coming from. He felt what needs to be addressed at this time is what costs should be attributed to the remaining parcels less the 12 acres originally assessed. The Council and engineers determined the assessment for the remaining property based on costs to use the ponds and pipe in Andover. Mr. Carlson - stated the original property assessed was 15 acres. He then reviewed the events relating to the plat and the storm sewer system. At first he was told by Mr. Davidson that he had paid his fair share of the storm sewer costs, then he dis- covered that the City of Anoka was asking for $30,000 for the privilege of draining into their system which he negotiated for and agreed to based on the advice from Mr. Davidson, and then he was told he owed another $42,000 to the City of Andover for storm sewers. He stated he is willing to pay his fair share, but he was first told that no assessment was fair, then told that $30,000 was fair, and now that $72,000 is fair; not knowing what is fair at this point. Mr. Carlson also stated his objection of comparing his costs to that of the storm sewer project in neighboring Chapman's Addition, that is comparing a new development where ponding is required to an established development where every lot is sold and developed upon. He stated if they reconstructed Woodland Terrace without any ponding, they would have 11 additional lots they could sell. He also reviewed graphs to visualize his point. He argued the credit for constructing the ponds should be on sale price of the lost lots, not on raw land values. By putting in the utilities, streets, curbs, etc., past the lots used for ponding, he assumed the same costs per lot but didn't have the value of those lots. Mr. Carlson again stated he is willing to pay the same as everyone else; but to make it fair, he needs to be given credit for the resale value of the land given for ponding. There was a lengthy discussion between the Council, the engineers, and Mr. Carlson, with Mr. Davidson also explaining what had taken place at the various meetings with Mr. Carlson regarding the storm sewer assessments for Woodland Terrace. Mr. Davidson Regular City Council Meeting January 7, 1986 - Minutes Page 5 (Carlson Assessment Appeal, Continued) stated at the time of the feasibility study, they pointed out the costs involved in terms of developing the ponds and internal storm sewer system at a discharge rate not to exceed 12 cfs into the Chutich pond system. The pipes were sized at that rate to drain the 15 acres being assessed in the 1980 project, and the assessment was reduced by an estimated amount for internal development of that acreage. Mr. Davidson also explained his participation with the City of Anoka, arguing at that time that there would be no change in the rate of discharge into their system, therefore no additional costs should be assessed. The City of Anoka disagreed, with the end result being Mr. Carlson agreed to pay a $30,000 assessment to the City of Anoka for eventual discharge through their storm sewer system. Mr. Davidson continued, following that, the Council directed him to re-analyze the entire system to determine whether Mr. Carlson and those in Chapman's Addition paid the same storm sewer rate. They related everything back to 1980 costs, with the result being the $42,000 assessment to Mr. Carlson for the remaining acreage in the plat. Council could not agree whether the original assessment was to purchase the size of the storm drainage pipe at the rate of 12 cfs, or whether it was to drain the specific acreage of 15.9 acres. Mr. Schrantz stated he was paying for the acreage. Mr. Carlson - stated at the original assessment, his engineer had written to TKOA asklng to correct the assessment because the issue is not the acreage but on the 12 cfs. He again stated the real issue is the use of raw land versus improved land when calculating the credit given for ponding. The Council's position was all developers need to be treated equally and that raw land values must be used as is done for park dedication, etc. Mr. Schrantz then stated it can be argued that in looking at the entire water drainage basin, because Chapman's did not build any ponds and all the ponds are on the Woodland Terrace property, that some of the ponds should be paid for by Chapman's Addition. He explained that Mr. Carlson has provided ponds for everything and has also helped pay for the Chutich pond. He calculated that Woodland Terrace has about 57 percent of the total area involved in this drainage basin. He suggested Mr. Carlson pay only 57 percent of the $42,000 assessment the City has imposed against Woodland Terrace for storm drainage, which amounts to approximately $25,000. That would mean the additional amount would, in theory, be paid for by Chapman's Addition and they would be helping to pay for the ponding for their drainage basin which was not done initially. Council was concerned that this theory could then be used in other areas such as the Adolfson property tying into the Northglen storm drainage system. Mr. Davidson stated it was intended that Adolfon's property would drain toward the creek, and that he did not buy into the drainage as Mr. Carlson did. Mr. Carlson already paid for a portion of the pipe and the pond on approximately 15 acres of his property and will be retaining the same rate of runoff to drain the remaining property. Mr. Munstenteiger - advised the Council and Mr. Carlson that the appeal was filed wlth the Distrlct Court and has been set for January, though he felt that will be taken off to do trial preparation work. He felt Mr. Carlson has a number of defenses, including breach of contract, claiming the contract documents do not reference any storm sewer fees, on the theory of someone relying, to their detriment, on what they are instructed to do, on the fact that the land was already assessed, and that none of the procedures were there for a project to have an assessment. Attorney Hawkins advised the City can assess for work previous1'y done. In further discussion with Mr. Munstenteiger and Mr. Carlson, it was the Council's feeling that the $30,000 Mr. Carlson has been assessed, the agreement he made with the City of Anoka, would cover his share of any further supplemental assessment the City may have to do in the entire drainage basin as a result of the County 116 Drainage Regular City Council Meeting January 7, 1986 - Minutes Page 6 (Carlson Assessment Appeal, Continued) Study. But that amount would relate to the balance of his proeprty, the approximately 66 acres, not to the 15.9 acres that was originally assessed in the 1980 project. The Council was also agreeable to Mr. Schrantz's recommendation to reduce the assessment to $25,000 based on the reasons provided, asking if that was also agreeable to Mr. Carlson. Discussion was temporarily tabled to allow Mr. Carlson and his attorney time to discuss Mr. Schrantz's proposal. Discussed resumed later in the meeting. APPOINTMENT OF ACTING MAYOR MOTION by Elling, Seconded by Knight, that we appoint Ken Ortte1 as Acting Mayor for 1986. Motion carried unanimously. DESIGNATION OF OFFICIAL NEWSPAPER MOTION by Knight, Seconded by Elling, that we designate the Anoka Union and Shopper as the legal newspaper of the City of Andover. Motion carried unanimously. SELECTION OF OFFICIAL DEPOSITORIES MOTION by Lachinski, Seconded by Knight, that we appoint the First National Bank of Anoka as the primary depository, with others to be used upon approval by the Mayor and Clerk. Motion carried unanimously. APPROVAL OF OFFICIAL BONDS MOTION by Elling, Seconded by Orttel, that we approve the bonds of the Clerk/Treasurer, two of them for $25,000 each; and the Employee Blanket for $35,000. Motion carried unanimously. CARLSON ASSESSMENT APPEAL, CONTINUED Mr. Munstenteiger - stated Mr. Carlson will accept the City's offer to reduce the $42,000 assessment to $25,000 plus the $30,000 assessment to be paid to the City of Anoka as he had previously agreed to for the storm drainage providing: 1) he never again be assessed for any Chutich Pond related problems; 2) it be understood if the City of Anoka has any further pipe charges that is negotiated with the City of Andover, that his share has been paid with that $30,000; and 3) the settlement relating to the the construction company doing Woodland Terrace be satisfactorily reached. Mayor Windschitl stated the third issue is not part of the assessment, acknowledging the difficulty with the construction company on that project. Mr. Carlson - stated he would be satisfied if the Council would be willing to take that lnto account when the matter is settled. Attorney Hawkins also advised that was a separate matter and not part of the assessment appeal. Mr. Davidson stated the matter relates to liquidated damages and settlement of the final costs of the project, which can't be settled until spring when the cleanup is completed. The Council then verbally agreed to reduce Mr. Carlson's assessment to $25,000, letting stand the $30,000 assessment negotiated with the City of Anoka; and agreed to the first two stipulations mentioned by Mr. Munsteinteiger on the 66.8 acres of the plat. It was felt the 15.9 acres assessed in the 1980 project would still be subject to those two items. Mr. Carlson - stated he understood the problem and agreed. He also thanked the Councl1 for their efforts in resolving the situation. Regular City Council Meeting January 7, 1986 - Minutes Page 7 STANDIMG COMMITTEES Mayor Windschitl noted the appointments to the standing committees for 1985, and recommended each Councilman remain on the same committee but rotate the chairmanship. The Committees for 1986 would then be: Community Service - Knight (Chair) and Lachinski; Hazardous Waste - Orttel (Chair) and Elling; Road Committee - Windschit1 (Chair) and Ortte1; Personnel - Elling (Chair) and Knight; and Finance and Capital Improvement - Windchitl (Chair) and Lachinski. MOTION by Knight, Seconded by Ortte1, that we keep the same committees and reverse the chairmen. Motion carried unanimously. APPOINTMENT OF COMMISSION MEMBERS MOTION by Ortte1, Seconded by Elling, that the following members of the Planning Commlssion be appointed for terms: d'ARcy Bose11 to 12/31/88; Don Jacobson to 12/31/88; Bev Jovanovich to 12/31/86; and Glen Rogers to 12/31/88. Motion carried unanimously. Mayor Windschitl recommended the appointment of Stuart Kinkade as Chairman of the Park and Recreation Commission. MOTION by Knight, Seconded by Lachinski, to so move. Motion carried unanimously. Mayor Windschitl recommended the reappointment of Don Jacobson as Chairman of the Planning and Zoning Commission. MOTION by Ortte1, Seconded by Lachinski, to so move. Motion carried unanimously. HEARING EXAMINER/NUISANCE ORDINANCE MOTION by Ortte1, Seconded by Knight, that we enter into an agreement with George Beck to serve as hearing officer for the Nuisance Ordinance at a rate of $55 per hour payable as shown in his proposal. Motion carried unanimously. (Reference the December 13, 1985, letter to J. Schrantz from George A. Beck) ROOF PITCH CHANGE/CHANGE ORDER PUMPHOUSE Mr. Schrantz stated he has just discussed this item with Larry Carlson, the developer. At this time Mr. Carlson has asked to leave the pitch as originally proposed. No Council action was taken on this matter. AWARD CONTRACT/TELEMETERING/IP85-10 MOTION by Elling, Seconded by Knight, that we accept bids and award contract for the Improvement of Project No. 85-10, for Telemetry Monitoring and Control System for the elevated storage tank and well pumps #1 and #2, awarding the contract to Collins Electrical Construction for $24,205. (See Resolution ROOl-85) Motion carried unanimously. FINAL PAYMENT/PROJECTS 85-14 & 85-15 MOTION by Elling, Seconded by Orttel, introducing a Resolution accepting work and dlrecting final payment to Forest Lake Contracting, Inc. for Projects No. 85-14 and 85-15 for the Improvement of Street Construction (See Resolution R002-85) Motion carried unanimously. - Regular City Council Meeting January 7, 1986 - Minutes Page 8 CONTRACT APPROVALS Council discussed the December 3, 1985, letter from Greg Murphy explaining the cost breakdown for the special audits required. Council wanted to make sure the costs for these special audits have not been included in the audit contracts of the past two years. MOTION by Ortte1, Seconded by Lachinski, that we enter into a contract with George M. ~anson Company as previously approved; however, that we would include the $700 additional item for Revenue Sharing Program Audit; all subject to our not having paid for that audit over the last two years, 1983-84. Motion carried unanimously. MEETING DATE/PARK BOARD & ANDOVER ATHLETIC ASSOCIATION MOTION by Orttel, Seconded by Elling, that we set February 6 as a joint meeting with the Park Board and the Andover Athletic Association. Motion carried unanimously. Council also felt the North Metro Soccer Association may be interested in attending. MEETING DATE/ P & Z AND PARK BOARD INTERVIEWS The Clerk reported there are four applicants for the Planning and Zoning Commission, but none have been received for the park Board. Council directed the Clerk to advertise for the Park Board again. MOTION by Ortte1, Seconded by Elling, that we set January 14 as the meeting date to lnterview Planning and Zoning Commission members and Park Board Commissioners. Motion carried unnaimously. KENNEL LICENSE/NEHRT MOTION by Elling, Seconded by Orttel, that we approve a Kennel License for Roy and Cleo Nehrt at 16236 Verdin Street NW for the year 1986. Motion carr~ed unanimously. JUNKYARD LICENSES The Clerk showed pictures of the various yards indicating ordinance violations by all except Anoka Auto Wrecking. Council directed the Clerk to inform the businesses of the violations, notifying them the Council will take action to close the businesses if the yards are not brought into compliance. MOTION by Knight, Seconded by Elling, that we approve the application for 1986 Junkyard License for Anoka Auto Wrecking. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Lachinski, Seconded by Ortte1, that we approve Claims 10511 through 10572 ln the amount of $99,483.02. Motion carried unanimously. MOTION by Elling, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 11:56 p.m. \~""Y ~~t"d,.. l ~CC~ Marc lla A. Peach Recor . g Secretary