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HomeMy WebLinkAboutCC December 1, 1987 ·CÃ\ CITY of ANDOVER [1 . '.~, :-: REGULAR CITY COUNCIL MEETING - DECEMBER 1, 1987 AGENDA ,~,,"" -<-'z:".-;.;,~'- 7:30 P.M. l. Call to Order 2. Resident Forum 3. Agenda Approval 4. Discussion Items *a. Fiscal Disparity/C. Weaver b. Brandon's Lakeview Estate Sketch Plan c. Senior Citizen Assessment Deferral d. Erroneous Deeds/Auditor's Subdivision 137 e. 5. Staff, Committee, Commission a. Schedule Budget Discussion b. Council Salaries c. Warming House Attendants d. Purchase Conroy Tax Forfeit Property e. Fire Department/Bond Issue * f. Storm Drain Feasibility Report/87-11/School, Winslow Hills, Oak Bluff, etc. 6. Non-Discussion Items a. Rename Ward Lake Drive (177th to 181st) * b. 1.5 Million GO Improvement Bond Sale/ 205,000 Tax Increment Bond Sale *c. Oak Bluff 2nd Addition/Storm Drainage 7. Approval of Minutes 8. Approval of Claims 9. Adjournment @\\ CITY of ANDOVER :) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 <i 1f\ .-j '\: ., REGULAR CITY COUNCIL MEETING - DECEMBER 1, 1987 ~'~-~'¡;".'j'-: ,>. MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was call ed to order by Mayor Jerry Windschitl on December 1, 1987, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Apel, El ling, Knight, Orttel Councilmen absent: Orttel Also present: City Attorney, William G. Hawkins; TKDA Engineer, John Rodeberg; City Engineering Technician, Todd Haas; City Administrator, James Schrantz: and others RESIDENT FORUM Paul GenGler. 1440 Crosstown Boulevard - handed out a letter to the Counc i I and pictures regarding his complaint on the projects in his area. He said the contractor put black dirt on his pile of black dirt without asking permission. And now it Is not known how much of that dirt is the contrator's and how much is his. Mr. Gengler stated he also had some logs piled and the contractor covered them up with black dirt. Also, during the dewatering process, the pipe was run to the back of his property, but the pipe only went half way to the creek and the water was running Into his pasture. After tel ling them to stop, the contractor extended the pipe but left It six feet short of the creek, so the bank got washed out. He felt that should be repaired now or it wi II get washed out in a good rain. Mr. Gengler stated he has talked with the contractor and with TKDA about these problems, but nothing has been done. He felt It would only take a few hours to get them done and should be done now before the ground freezes. He also noted other problems where a large oak tree was cut down from one of his lots, a culvert was dozed onto his land without permission, oi 1 drums still sit on his land from the project, and the area Is not cleaned around the storm sewer. Final I y, he wanted to know when the mailboxes can be put back In front of the houses, as he was told it would be one or two weeks ago. Mr. Gengler stated the storm sewer is outside of the easement. He has talked to Mr. Rodeberg about It and has agreed that the storm sewer can stay where It is at, but he felt it Is in the wrong place. He also asked that the proper easement be obtained and the change be made in his plat at the engineer's expense, not his. Mr. Gengler also said the county is holding up his plat because of the easement along the creek. The City approved the plat without the designated easement: the county says they have to have 50 or 100 feet of right away aJong the creek. Some agreement has to be reached so he can fIle the plat. Regu]ar City CouncIl Meeting December 1. 1987 - Minutes Page 2 (Resident Forum, Continued) Mayor Windschitl though t the problem with the easement was resolved. Mr. Gengler said if it was, he Is not yet aware of it. Counc i 1 discussed the easements along the creek, questioning why the county is asking for that easement. It Is under the watershed authority, and the county has never asked for easement along the creek before. Counc i I asked to see the request in writing and a Justification for It. Mr. Rodeberg explained the plan for the storm sewer was to fol low the existing oxbow, which Is along the property line for the most part and into a low area. Because they were concerned about the drainage to the Jow area, they put the outlet pipe In the low area to drain the entire thing. They were supposed to contact Mr. Gengler before it was instal led. He felt It was a better place for the pipe. Mr. Rodeberg also explained Mr. Horbe I , the president of American Contracting, has been very uncooperatIve In finishing UP the project, noting a number of letters have been written to them listing these problems and they have been cal led a number of times. Mr. Rodeberg fe It the major problem may be Mr. Horbel let most of his staff go, and they have few qualified personnel to complete the job. He suggested sendIng AmerIcan Contracting a letter that if the work Is not done within the two-week period of their contract. that the Ci ty wi II hire someone eIse to do it and take the money off their contract. Mr. Geng]er felt that two weeks couId be critical because of the weather. If it freezes in that time, the work cannot get done untlI spring, expressing frustration over trying to get something done for the past three months. After further discussion, it was agreed Mr. Rodeberg wi II ask American Contracting for permission to have Forest Lake Contracting move that black dirt off Mr. Gengler's yard. Mr. Rodeberg also explained they will hold back that portion of the final payment for restoration untiJ all items have been completed. Discussion was then on the progress of the Crosstown BouIevard project, with CounclIman EJ ling noting the complaints he has received abou t the sloping. Mr. Rodeberg explained the retaining waIl wi II be bui I t to the top of the hill. No further sIoping or removal of trees wi II be necessary. The purpose of the rataining wall was to save the trees. The wal I will go up another four feet. Counc il also asked Mr. Rodeberg to have the "Road Closed" signs and barricades removed and the proper road signs Insta]led. Councilman El ling was also concerned about the drainage at the Intersection of Crosstown and Bunker Lake at Speedy Market. He feJt the standing water shouJd be removed before i t freezes. Mayor Windschitl understood a storm drainage pipe was going to be instal led there as a part of the reconstruction being done at SpeedY Market. No further Council action was taken. Regular Ci ty Council Meeti ng December 1 , 1987 - Minutes Page 3 AGENDA APPROVAL Counc i I agreed to delete Item 4a, Fiscal Disparity/C. Weaver, which Is to be added to the December 15 meeting, and to add Item 6d, Personne I . MOTION by Elling, Seconded by Knight, to accept the Agenda. Mo ti on carried unanimously. BRANDON'S LAKEVIEW ESTATE SKETCH PLAN Mr. Haas explained this is a different sketch plan than what was presented previously. There are now only four lots fronting on 144th. The City must decide whether water should be brought up on1y to 144th, should be brought up Round Lake Boulevard to the end of Lot 4 or extended further up to the edge of Outlot A to loop the system. The developer asked why they would have to have the water run to the edge of Outlot A when there would be no benefit for going up Round Lake Boulevard at all. No one would be served with the line along Round Lake Boulevard, and it Is not needed for this development. He was trying to avoId the water charge and any further street construction In this plat. Mr. Schrantz explained if the line is not run to at least the edge of Lot 4, there would be no one to pay for I t when it Is run in the future. It is also beneficia] to loop the system. The developec was more agreeable to going only to the edge of Lot 4, so the cost of the remainder of the line could be shared by other developers when that land Is developed in the future. Mayor Windschltl said the engineers will have to tell the Counc I] what is necessacy to make the system function. But i f the decision is to extend the waterline to the property ] ine, the developer may find it cost etfecti ve to develop Outlot B at this time. The engineers will let the developer know what is required for the watermain extension. Counc i I acknowledged Lot 1 , Block 1 does not meet the setback width of 85 feet at 35 feet from the property ] ine, noting it is only 82 feet at 35 feet. Counc i I generally found that acceptable. Mr. Schrantz noted the Andover Review Committee recommended combining Outlots B, C, and D to prevent landlocked parcels. Counc i I agreed. Staff was asked to check on the exact location of the storm sewer pipe through Ou t I ot A The developer understood bermlng along Round Lake Boulevard is a matter of policy. Mayoc Windschitl stated the developers have been asked to do it voluntarily. Mr. Haas stated It Is an attempt to eliminate the traffic, noise, etc. , along Round Lake Boulevard, but he wasn't sure if there were trees on that lot. The devloper didn't see a problem wi th it. The plan Is to be sent to the P & z. Regular City Council Meeting December 1 , 1987 - Minutes Page 4 SENIOR CITIZEN ASSESSMENT DEFERRAL Counc i I generally agreed the poJicy adopted in 1976 should be updated and indexed upward. The staff was directed to make a recommendation for Counci J consideration. ERRONEOUS DEEDS Attorney Hawkins reviewed his November 12, 1987, letter to the City Clerk regarding the erroneous deeds that had been filed in 1962 and 1969 for property general]y located east of 133rd to Coon Creek. The deed in 1962 was for 60 feet of Jand to extend 133rd to Coon Creek. He reviewed the error, noting there is a 20-foot gap that Mr. Knoll is contesting he should get. But i t leaves the City with approximately a 40-foot easement which overlaps on the Wingness property. Discussion was on how the error occurred and how to rectify it. Counc i 1 questioned whether the easement is sti 1 ] needed, asking the Staff to research whether the City's storm drainage pipe is within that easement. Counc i ] also asked for a larger scale map of the matter and a specific recommendation from the Attorney on how to conveyor release the easement, agreeing to discuss it again at the next meeting. SCHEDULE BUDGET DISCUSSION CounciJ agreed to discuss the proposed 1988 budget on Tuesday, December 8, at 7:30 p.m. Mayor Windschitl asked for a motion to set the special meeting. MOTION by Knight, Seconded by El ling, to so move. Motion carried unanimously. COUNCIL SALARIES Counc i I reviewed the salaries for mayor and council in the surrounding ci ties, but asked to be provided with the proposed salaries for 1988 for those ci ties. MOTION by Elling, Seconded by Knight, to table this until those figures are obtained. Motion carried unanimously. WARMING HOUSE ATTENDANTS , MOTION by Knight, Seconded by El ling, that we accept the request as presented here. Motion carried unanimously. (Four warming house attendants at a rate of $4 per hour) Regular City Council Meeting December 1 . 1987 - Minutes Page 5 PURCHASE CONROY PROPERTY Mr. Schrantz explained the cutoff day for responding to the EQB regarding the wetlands area and rerouting of Crosstown Boulevard Is this Wednesday. The cost to acquire the Conroy property from the County Is $10,162: however, the Counc 11 has agreed to sell the eastern 80 feet to Mrs. Conroy for $2,647. There would be 230 feet east of the proposed road on which the fire station is planned. That land Is being sold for $10 for public use. Counc I 1 discussed the proposal, some questioning whether there is enough room east of the proposed road on which to locate the fire station. It was also asked whether the fire station could be located west of the proposed road alignment. Mr. Rodeberg stated It has been proposed the western portion Hould be used to mitigate the ponding for part of the right of way. It was then suggested the City create a lot split on the property, with the easterly 80 feet for Mrs. Conroy and the remaining area taken for public purposes. Whatever is not needed mIght then be returned. MOTION by Orttel, Seconded by Ape], that the Counc i I direct the City Staff to draw up a Lot Split for' the parcel known as the Conroy property whereby the City would allow the sale of the easterly 80 feet to Mrs. Conroy, and that the City take the property west of the 80- foot retained piece as pUblic proPerty at no cost to the City other than recordIng fees. Motion carried unanimously. FIRE DEPARTMENT/BOND ISSUE Counc II reviewed the fact sheet prepared by Attorney Hawkins regarding the affect to residents to fund a $1,550,000 bond for two fire stations and equipment. ML Hawkins explained It would be a flat 3.5 mill s each year for a 12-year bond issue. The bond would be set up to pay less the first year and more In each of the following years. The present bond will be paid off by then, so the 1.5 mil Is now levied for that bond wi I I be dropped. The net increase would be 2.0 mills. ML Hawkins also stated the calculations were done on Andover's 1988 taxable assessed valuation, levied in 1988 payable on 1989's tax bill. Counc i 1 discussed the calculations wIth the Attorney and varIous members of the FIre Department who were present. The risk involved would be If the growth rate would reduce. The assumption under' the proposal is the assessed value would grow each year, thereby generating more income from each mIll. If the growth rate slowed down, It Is possible the 3.5 mil Is would not generate enough money to meet the bond payment. Regular City Council Meeting December 1 , 1987 - Minutes Page 6 (Fire Department/Bond Issue, Continued) Counc I 1 asked the Attorney to calculate the mill levy Increase using the current mil Is, assuming nothing else happens in the City and the bond payment would remain equal. The Counc II can then compare both methods. Discussion was also on the approximate annual tax Increase calculated by Mr. Hawkins, with Mayor Windschltl questioning why the increase appears to be so much less than what was used by the school districts when calculating Increases to taxes for their proposed bond issues. Discussion was then on making a final recommendation regarding the siting of the two proposed fire stations. Counc i 1 felt the Engineers had been given whatever authority they needed to make that determination. If there is any doubt about the proposed sites, the Counc II asked to be made aware of It as soon as possible. It was agreed to discuss this Item again at the next meeting. FIRE DEPARTMENT/EQUIPMENT PURCHASES Fire Chief Bob Palmer asked if it would be possible to issue the annual checks to the firefighters in mid-November. Counc II genera II y did not have a problem with that, noting It can be done as soon as all the information Is given to the treasurer. Chief Palmer presented a check to Mayor Wlndschltl for $3,000 from the Relief Association to be used for the equipment van. Assistant Fire Chief Glen Smith reviewed the requests to purchase several equipment items and to carry the balance of their large equipment budget Into the 1988 budget to provide time to write new specifications for turnout coats and other equipment. MOTION by Knight, Seconded by Elling, that we authorize the Fire Department to spend $880 on couplings from Conway and $2,600 for two hand-held radios from Motorola, and $900 for a used ONAN generator from Robert Palmer, and $2,304 for six pagers from Motorola. Motion carried unanimously. MOTION by Knight, Seconded by El ling, that we al low the Fire Department to transfer $14,838 from the 1987 to 1988 budget. Motion carried unanimously. Counc II recessed at 9:37; reconvened at 9:43. Regular City Council Meeting December 1 , 1987 - Minutes Page 7 STORM DRAINAGE FEASIBILITY REPORT/87-11 Mr. Rodeberg reviewed the supplemental feasibility report for the Elementary School Storm Sewer Outlet, Project 87-11B, which also included the storm drainage plan for the area immediately east of Hanson Boulevard. He reviewed a map outlIning the proposed pondlng areas and storm sewer lines. He then reviewed the estimated costs of the projects, notIng a cost of $498,540 or 4.9 cents per square foot for the benefitted area of LIne I and $381,430 or 2.3 cents per square foot for the benefItted area of Line 2. The reason the area of Line 1 Is more cost I y is because of the larger amount of piping necessary. The pondIng in the Line 2 area Is considerably less costly. CombIning the two areas, the cost would be approximately 3.2 cents per square foot. Mayor WlndschItl questIoned the legality of combining the two areas. DIscussIon was then on the concern of the hIgh cost for the LIne 1 area and possIble ways to reduce it. At this tIme, the only need Is for the school property and Oak Bluff. The assessment from these two areas would not be sufficient to cover the cost of installIng the pipe. It was pointed out, though, that the cost per square foot would change somewhat once the final calculations were done because commercial areas generally pay more. Mr. Rodeberg stated the school has a large ponding area, suggesting the possibility of temporarily outletting across Hanson Boulevard to the Winslow HIlls plat untIl LIne 1 is constructed. But the problem would remain for the Oak Bluff area. It was then suggested a temporary open ditch be constructed along the western edge of Hanson Boulevard rather than Instal lIng the storm sewer lIne at thIs time. Mr. Rodeberg felt It would be possIble, though more easement would probably be needed. That may be the temporary solutIon for the Oak Bluff area drainage. Counc i I asked that the feasIbIlity and costs be explored for the temporary option of an open drainage ditch along Hanson Boulevard. DiscussIon was on the concern over the ability of County Ditch 20 to hand] e the water from the proposed Line 2 area. Counc II asked the engineers to find out the capacity of the dl tch from the Coon Creek Watershed. Mr. Rodeberg stated It is a county ditch which should be Improved before the Line 2 area is fully developed and possibly realIgned along property lInes. MOTION by Orttel, Seconded by Apel, authorizIng them to do whatever staff feels is necessary to see what ditching costs would be from the Oak Bluff 2nd down to the proposed ponding area on Hanson and Andover road and see i f that would dupJ icate the proposed Jocation of the pipe that is planned. Motion carried unanimously. Regular City Council Meeting December 1 , 1987 - Minutes Page 8 OAK BLUFF 2ND ADDITION/STORM DRAINAGE Chuck Cook, developer of Oak Bluff 2nd Addition, presented sca]ed drawings of the proposed pond within Oak Bluff 2nd Addition compared to the sJopes in the Creekridge plat. Mr. Cook exp]ained the slopes in Creekridge are 3 to 1, the proposed s10pes for Oak B]uff 2nd were 10 to 1, but he is now proposing 20 to 1 s]opes. It is 160 feet back to the water on each lot, and the water will be in the pond before any lots are sold. The pond would have 6 feet of water, which is the water tab1e at this time. He wants the pond to be deep enough so the weeds don't overtake it. In the event of a 100-year flood, the water 1ine would be 60 to 80 feet from the house. Plus there is an overflow down the street and an outlet to the pipe on Hanson BouJevard Mr. Rodeber9 stated the pipe outlets at 886 feet and the 100-year flood e]evation is as high as 890. Even in a drought if the water drops below the outlet, a] 1 the water from the storm sewers will come into the pond first. The general consensus of the Counc i1 was the ponding and slopes presented this evening are acceptable. Discussion was then on the maintenance of that pond, wi th the Counc i I agreeing the City should not be responsible for that maintenance. A suggestion was to create a homeowners association to be responsible for the pond. Another method would be to run the property 1ines to the middle of the pond. The Attorney and Engineers were directed to make a recommendation on the most appropriate method of having that pond maintained. RENAME WARD LAKE DRIVE - 177TH TO 181ST MOTION by Ortte1, Seconded by Knight, that we schedule a public hearing for the 15th of December at the Regular Council Meeting to discuss the matter regarding renaming Ward Lake Drive from 177th Avenue to 181st Avenue to Hanson Boulevard, and direct Staff to prepare a letter to go to the residents involved explaining what wilJ be going on at that meeting. Motion carried unanimously. $1.5 MILLION GO IMPROVEMENT BOND SALE Attorney Hawkins opened three bids for the sale of $1.5 Million Go Improvement Bonds. Bids received were from: 1st Nationa1 Bank, St. Paul, et a1; bid price of $1,533,725, total interest cost of $295,275 for a net interest rate of 6.350 percent Piper Jaffrey, et aI, bid price of $1,533,725, total interest cost of $299,925 for a net interest rate of 6.45 percent Mi I ler Securities, bid price of $1,531,400, tota1 interest cost of $297,600 for a net Interest rate of 6.40 percent Regular CIty Council Meet! ng December 1 , 1987 - MInutes Page 9 ($1.5 MIllion GO Improvement Bond Sale, ContInued) Attorney Hawkins recommended the sale to the apparent low bidder of 1st NatIonal Bank of St. Paul. MOTION by Orttel, Seconded by El ling, a Resolution awardIng the sale of $1,550,000 GO Temporary Improvement Bonds for 1987, fixing theIr form and specifIcatIons: dIrecting theIr execution and delivery, and provIding for theIr payment; and note that the sale Is to 1st NatIonal Bank of St. Paul and others at a bid price of $1,533,725, total Interest cost of $295,275 and net effectIve rate of 6.350 percent. (See Resolution R235-87) MotIon carried on a 4-Yes, I-Present (Windschltl) vote. $205.000 TAX INCREMENT BOND SALE Attorney Hawkins reported he solIcIted a bid from Miller and Schroeder for a three-year temporary taxable bond of $205,000. MIller and Schroeder proposed a coupon rate of 9 percent, discounted for 1.45 percent of the bond, for a net result of 9.467 percent. He said it is comparable to sImilar bond sales. Counc i 1 asked Mr. Hawkins to determine If 1st National of Anoka or St. Anthony Bank would be interested the bond. ThIs wi 11 be on the next Counc i 1 agenda for further consideration. SCANNERS FOR PUBLIC WORKS AND ADMINISTRATOR Mayor Wlndschitl asked for CouncIl consideration of providing a scanner for Mr. Stone In PublIc Works so he Is aware when those employees who are also firefIghters are involved wIth Fire Department responsibIlItIes. He also felt 1 t Is important for Mr. Schrantz to have a scanner at his house so he is aware of any emergency situatIon that may occur in the CIty after offIce hours. After some discussIon, Counc 1 1 generalJy felt a scanner would not be that useful to Mr. Schrantz at thIs tIme. Because a dIsaster plan is in the process of beIng prepared, there wi II be a procedure for notIfyIng the admInIstrator In the event of an emergency. Counc i I dId feel It would be benefIcial to have a scanner In the Public Works Department to be aware of fIre calls. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Elling, that we approve Claims Check Numbers 13680 through 13774 in the amount of $173,391.39. Motion carrIed unanimously. Regular City Council Meeti ng December 1 , 1987 - Minutes Page 10 APPROVAL OF MINUTES MOTION by Elling, Seconded by KnIght, that we approve the Regular Counc II Minutes of November 17 as submitted. Motion carried on a 4-Yes, I-Present <Wlndschltl) vote. PERsormEL Counci I reviewed the memorandum from Mr. Schrantz regarding the disciplinary problems of Dale Mashuga and recommended disciplinary action. After dIscussing the violation, Its effect on the City and Staff . and various discIplInary actIons, it was basica]!y agreed to support the AdmInIstrator's recommendation. MOTION by Apel, Seconded by Elling, that based upon the information received from the City Manager referencing the disciplinary problem of Dale Mashuga, that Dale be given a one-week suspension without pay effectl ve five days after receipt of this notIfication and be demoted from Public Works II to Public Works III effective the 1st of January, 1988. DISCUSSION: It was noted the Personnel Policy allows Mr. Mashuga five days after receipt of written notice of this disciplinary action to appeal the ruling, and the Counc II must hold a public hearing on the matter within 10 days of the appea]. Moti on carr I ed unanimously. MOTION by Apel, Seconded by Orttel, to adjourn. Motl on carr I ed unanimously. Meeting adjourned at 11:27 p.m. Respectful]y submitted, ~~~L Marc la A. Peach Recording Secretary