HomeMy WebLinkAboutCC November 17, 1987
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CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - NOVEMBER 17, 1987 - AGENDA
7:30 P.M. l. Call to order
2. Resident Forum
3. Agenda Approval
4. Discussion Items
a. Vacation of Easement Public Hearing/Oak Bluff
b. Allen Palo Sketch Plan
c. Park Avenue Estates Sketch Plan
d. Solid Waste Abatement
e. Jay Clemens Special Use Permit
5. Staff, Committee, Commission
a. Lund's Evergreen Estates 4th Addition Final Plat
b. Receive Feasibility Report/Fire department
c. Approve 1988 Engineering RatesfB.R.A.
d. Park Board I~ember Appointment
6. Non-Discussion Items
a. Order Feasibility Study/Winslow Hills
b.
7. Approval of Minutes
8. Approval of Claims
9. Adjournment
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@\\ CITY of ANDOVER
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:! 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100
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~I,"'~~"¥~-.<i},"t·· REGULAR CITY COUNCIL MEETING - NOVEMBER 17, 1987
MINUTES
The Regular BI-Monthly Meeting of the Andover City CounciJ was called
to order by ActIng Mayor Ken Orttel on November 17, 1987, 7;30 p.m.,
at the Andover CIty HalJ, 1685 Crosstown Bouleva~d NW, Andover,
MInnesota.
Councilmen present: Ape I , El ling, Knight
CouncIlman absent: Mayo~ WIndschitI
Also present: City Attorney, WiJIiam G. HawkIns; City
EngineerIng TechnicIan, Todd Haas; City Planner,
DaryJ Mo~ey; PlannIng and ZonIng ChaIrperson.
Marge Perry; City AdminIstrator, James Schrantz;
and others
RES IDENT FORUM
ActIng Mayor Orttel noted a phone caJl he receIved regarding the
Firearms Ordinance in the southeastern area of the CIty. The Counc i I
also has a letter to that effect in thIs evening's materIal. It was
agreed to add thIs Item to the Agenda.
AGENDA APPROVAL
It was agreed to add the followIng items to the published Agenda:
Item 4f, FIrearms OrdInance; 4g, Violet Erickson/Water Problem; 4h,
Crosstown Boulevard PavIng Project; 4i, Crosstown Boulevard RIght-of-
Way Payment; and 6b, TIF Inquiry. Acting Mayor Orttel asked for a
motion to approve the Agenda.
MOTION by Knight, Seconded by ApeI, to so move. MotIon carried
unanimously.
VACATION OF EASEMENT PUBLIC HEARING/OAK BLUFF
Chuck Moerke. 1237 148th Lane - provided a handout to the Council
showing the staking of the 100-year flood area done by CaIne &
AssocIates. He asked to have the area to the 100-year-flood vacated
~ather than the entire area. He wants to buIld a garage in the back,
and the area being vacated would be used for access to the garage.
Also, he would fIl I in the area being vacated so he could put his
drain field behInd the house. To put the draIn field In the front of
his house would be goIng up hIll and would ~equI~e a lift station. He
wouJd prefer not to do that. Mr. Moerke also stated the tImIng of
this decIsIon is important because he is expectIng to close on his
house around the first of December, and the draIn fIeld issue must be
resolved before that closing.
Regular City Council Meeting
November 17, 1987 - Minutes
Page 2
(Vacation of Easement Public Hearing/Oak Bluff, Continued)
Mr. Haas recommended the Council table this item until the overa II
comprehensive storm drainage plan for the area is completed. He felt
with the proposed development In that vicinity, the 100-year flood
line may change. That plan wi 11 be ready for Council review at the
Special Council meeting on November 24. The plan calls for a
combination of pipes and swales on Mr. Holasek's property.
Mr. Moerke - stated Mr. Holasek has told him there has never been
any water in the back of his lot. There is a about an a-foot drop
that he would level off If a portion of the easement is vacated.
Counc J I agreed with Staff that no decision should be made until the
comprehensive storm drainage plan is completed. Because that plan
will be discussed at the special November 24 meeting, it was agreed
this Item could be brought up again at that time.
MOTION by Apel, Seconded by Knight, that we table this until the
work sessIon on the 24th; and if at that time we have enough
information to make a decision then, we wi 11 attempt to do it there;
otherwise we will do it at the first meeting in December. Motion
carried unanimously.
ALLEN PALO SKETCH PLAN
Mr. Palo explained the one-acre Jot belongs to his son, who wants
another four acres so he can build a pole building. Counc i I noted the
ordinance requires a minimum of three acres for a pole buiJding. A
suggestion was that Mr. PaJo add 2 acres to his son's property, then
negotiate wi th the property owner of the parcel east of Outlot A In an
attempt to attach it to Outlot A and create another buildable lot or
two.
Mr. Palo also noted the option of not developing the one lot in the
northwest corner, and then the road wouJd end at that property line.
Counc i 1 noted the general ruJe of requiring streets to go through to
the property line to facilitate future development. In this case it
would be Important to have the road constructed to the property line
for north/south traffic flow through that entire area.
Regarding the narrow strip of land just west of the raiJroad tracks
right of way, it was suggested Mr. Palo deed it and have it attached
to the adjoining property. Otherwise it would become a landlocked
sl iver of land.
Counc i I also discussed the proposed right of way for Ward Lake Drive.
Only 60 feet Is requIred for an urban road sectIon; however, Mr.
Schrantz noted if a rural street section or bicycle paths are desired.
Regular City Council Meeting
November 17, 1987 - Minutes
Page 3
(Allen Palo Sketch Plan, Continued)
a wider easement would be needed. Council asked the Andover Review
Committee to look at the ~Ight of way Issue on Ward Lake Drive to
determine if more easement Is needed along that roadway. Acting Mayor
O~ttel cautioned the City should not be accepting more right of way
than needed. Councilman EI ling felt it may be more cost effective to
construct bicycle paths within the easement ~ather than widen the road
for that purpose.
Council acknowledged that Lot 3, Block 3 would need a variance because
It would face on an MSA road. Though it is conceivable a street would
be built on the south side of this lot when that southern property Is
developed, at this time Lot 3 must face Ward Lake D~ive.
Mr. Palo was advised to bring the proposed development to the Planning
Commission.
PARK AVENUE ESTATES SKETCH PLAN
MOTION by Elling, Seconded by Knight, that we table this Item to the
next regular agenda. DISCUSSION: M~. Sch~antz didn't feel the
developers would be ready to bring the item back by the next meeting.
Councilmen Knight and Elling WITHDREW the Second and the Motion.
MOTION by Apel, Seconded by Knight, that we table the Park Avenue
Estates Sketch Plan IndefinitelY. Motion carried unanimously.
JAY CLEMENS SPECIAL USE PERMIT
MOTION by Knight, Seconded by Elling, that we deny the request of
Jay Clemens for a special use permit to operate a temporary open sales
lot on property located In Section 35-32-24, as presented. (See
Resolution R230-87) Motion carried unanimously.
LUND'S EVERGREEN ESTATES 4TH ADDITION FINAL PLAT
Mr. Haas reviewed the understanding that Mr. Lund was to construct
that po~tlon of 167th Lane NW from Lund's Evergreen Estates 4th
Addition to the existing cuI de sac Just to the west. That has not
been done. The~e Is a 66-foot easement th~ough the~e.
Jim Lund - stated the biggest ~eason he didn't do it was because he
was afraid to sta~t working off the plat where there are neighbors on
both side. Those neighbors are sensitive because thei~ ~oad ended
there fo~ alJ those yea~s, and he did not want to begin work without
specific autho~izatlon. He has gotten it surveyed; however, they had
some trouble finding one of the Irons.
Regular City Council Meeting
November 17, 1987 - Minutes
Page 4
<Lund's Evergreen Estates 4th/Final Plat, Continued)
Counc II agreed there should be some written agreement for Mr. Lund to
work on the City's right of way.
Mr. Lund stated he Is willing to construct that portion of the road,
noting he has submitted plans and specifications for it. He didn't
think It could be completed this year but he would be willing to begin
work. Or, he would also be willing to submit the security for it and
do It when he does the next phase of the plat, which would be the most
convenient for him.
Counc II suggested the Engineers review the street plans and felt that
portion of the street should be constructed as soon as possible
because there Is no guarantee that the next phase will ever be done.
The attorney was asked to prepare the agreements to allow Mr. Lund to
construct 167th on the City's easement.
Mr. Haas stated many of the other items that were incomplete have been
done, though he felt Mr. Lund wi II have to escrow for the seeding and
sodding. He had recommended a metal casting catch basin because of
the erosion problems.
Mr. Lund stated they have corrected two of the catch basins since Mr.
Haas's report was written. He had some concerns about the Neena 3067
catch basin being proposed because of the costs and because they do
plug up and can cause flooding. Mr. Haas stated other cities have gone
to the metal casting catch basin because it Is safer and more
attractive, suggesting this design be made a part of the City's
specifications and be required in Lund's Evergreen 5th Addition.
Mr. Haas also stated because so many items remained, he had not
calculated an amount for escrow on this plat. Counc i I agreed to have
the staff prepare a resolution approving the final plat of Lund's
Evergreen Estates 4th Addition for final action on the 24th of
November.
MOTION by Apel, Seconded by Knight, recommending approval of the
Lund's Evergreen Estates 4th Addition final plat subject to the
Engineer's satisfaction of Item 2 and Item 3 on their report of
November 17; also tie Into the bonding agreement the Number 1 item on
the report, the 167th Lane extension so that If It Is not constructed,
that the bond would not be released until we had some satisfaction
that it would be constructed; park fees and any escrow required be
escrowed according to the engineering report. DISCUSSION: Because
the catch basins have already been corrected, it was agreed not to
require the Neena 3076 metal casting as recommended by the Engineers.
The EngIneers were asked to recommend a change In the City's
specifications for consideration at some future meeting. MotIon
carried unanimously. Final action on this resolution is to be
considered at the November 24 special Council meeting.
Regular City Council Meeting
November 17, 1987 - Minutes
Page 5
RECEIVE FEASIBILITY REPORT/FIRE DEPARTMENT
Robert Russek, Architect for Bonestroo, Rosene, Anderlik and
Associates, reviewed the feasibility report for the proposed addition
of two fire stations and additional fire equipment. He noted the
report points out what was done, proposed locations for the stations,
and estimated cost. Mr. Russek also pointed out to save costs, they
are proposing Station No. 2 be of decorative scored block painted In
earth colors rather than of brick. A brick surface would cost about
$17,000 versus $2,500 for the painting of block.
Acting Mayor Orttel preferred the building be reduced In size if
necessary and go with the brick exterior to be more compatible with
the surrounding residential neighborhood.
Mr. Russek stated the cistern for Station No. 3 has been reduced In
size to save costs, though it Is sti II adequate. One of his concerns
was the proposed site for Station No. 2. They have proposed a
basement for that building, but there may be a problem with the
groundwater elevation In the area of 139th and Crosstown Boulevard.
Another concern Is with the proposed site for Station No. 3 because of
the gas line running diagonally through the property.
Counc II discussion was on additional research on the sites to make a
final decision. Mr. Schrantz stated soil borings have been done for
the proposed rerouting of Crosstown Boulevard which he felt will be
helpful In analyzing the site for Station No. 2. He thought those
results would be back within a week or so.
Mr. Russek thought of the $7,500 authorized to do the feasibility
report, about $5,000 has been used. Counc i I felt the additional
dollars should be used to do further site analyses on both sites to
determine whether or not they would be buildable sites for the Fire
Department. Or to look at possIble modifications to the buildings so
those sites can be used.
Discussion was also on when the special election for the approximately
$1.5 million bond Issue should be held. It was noted School District
15 is planning to hold another special bond election in February.
In further discussion, Mr. Russek was asked to do a cost benefit of
bar joist versus concrete when the f i na I design Is done. Also, there
Is a typographical error on Page 30. The next step is to determine
how the bond Issue would typically affect the residents' taxes. Also,
the Fire Departrment should make a recommendation as to when the
special election should be held and work on an informational flyer on
the Issue.
Regular City Council Meeting
November 17, 1987 - Minutes
Page 6
(Receive Feasibility Report, Fire Department, Continued)
MOTION by Elling, Seconded by Apel, authorize BRA to utilize the
remainder of the $7,500 previously authorized for the feasibility
study to be used for soil borings and si te investigation in
conjunction with the GME soi I borings presently going on at 139th and
Crosstown Boulevard. Motion carried unanimously.
MOTION by Elling, Seconded by Knight, that we accept the feasibility
study of the Andover Fire Stations from BRA as presented. (See
Resolution R231-87) Motion carried unanimously.
SOLID WASTE ABATEMENT
Councilman El ling stated he has been serving on the Solid Waste
Committee with Anoka County representatives. He stated the City does
not have a choice but must comply with the solid waste abatement
program mandated by State law. If the City does not meet the
requirements, the county wi II do it. The county does have some funds
which the City can apply for, but that will not be enough to cover all
the costs involved.
Councilman Elling explained one of the problems Andover will have is
the rural versus urban areas. It Is not economically feasible to have
separate curb-side pickups for paper, glass and aluminium in the rural
areas of 2.5 acres of greater. He thought that within the urban area
the City may want to contract specific haulers In certain areas.
Another problem is that of educating the people and creating an
Incentive for the residents to separate the refuse.
Mr. Morey stated the City's work plan must be submitted to the county
by January 13, 1988, to receive the Interim funding of $1.75 per
household. Counc I I asked him to make a recommendation for
consideration In December, suggesting he also look Into the
possibility of a Joint venture with some other city. No further
action was taken.
FIRE ARMS ORDINANCE
Acting Mayor Orttel noted the boundary map revised on Decmeber 3,
1985, is apparently Incorrect. At that time the boundary west of
Round Lake Boulevard was changed, but he did not recall any change
ever being made to the boundary on the eastern side of the City.
Therefore, the eastern boundary should be Prairie Road as originally
approved, which does not permit hunting in the new residential area of
The HIlls of Bunker Lake.
Counc II generally agreed the boundary map should be corrected to
reflect the original intent of the eastern boundary at Prairie Road.
Regular City Council Meeting
November 17, 1987 - Minutes
Page 7
VIOLET ERICKSON/WATER PROBLEM
Acting Mayor Orttel explained Violet Erickson's well dr I ed up when
they dewatered fo~ the Crosstown Improvement project. Her well was
21 feet deep and they dewatered down to 31 feet. He~ only source of
water at this time Is a hose running from the neighbor's. Because of
the cold weather, this is also a potential health hazard.
Attorney Hawkins stated the City does not have the obligation to pay
for wells that are substandard. Acting Mayor Orttel unde~stood this
was a financial hardship situation, though he did not know the
specifics. He thought in the past the City had agreed to assess the
hookup to the municipal water system as a pa~t of the proj ect. He
also thought It would be most cost effective to hook up the sanitary
sewer at the same time.
Afte~ furthe~ discussion, It was agreed the Staff would meet with Ms.
Erickson to determine whether she could receive assistance from the
County Social Services. If not, the Counc i I agreed the City would
hire the plumbers to Install the sanitary sewer and municipal water
and assess the costs to the property owner. The Attorney was also
asked to prepare the waivers, hold harmless agreements, etc. , to
protect the City while working on p~lvate prope~ty and to legally
assess the costs.
CROSSTOWN BOULEVARD PAVING PROJECT
Councilman El ling was concerned about the concrete approaches on
Crosstown Boulevard. He asked why a~e they used in some instances and
not In others, feeling it is Inconsistent. Mr. Schrantz explained
they are put in where there are cross gutte~s. They have been used In
Andove~ previously and are also used in other cities.
Mr. Schrantz also explained they were used In the field entrance of
Ken Slyzuk because of the ~adlus. That cost can be assessed to Mr.
Slyzuk I f the Counc 11 chooses. Mr. Schrantz advised the Council must
establish an assessment policy for County State Aid roads, as the
assessment of curb and gutter along Crosstown Boulevard must be
determined. The county ~equlres the City to pay one-half of the curb
and gutter costs.
No actIon was taken at this time.
CROSSTOWN BOULEVARD RIGHT OF WAY PAYMENTS
MOTION by Ape I , Seconded by knight, that the Counc II authorize the
payment for right of way acquisitIon for Project 87-3B as 1 isted on
the handout by James Schrantz dated November 17 with the exceptIon of
Pamela A. Peterson. She should be deleted since she was settled with
previous to this list being drawn up. Motion car~ied unanimously.
Regular City Council Meeting
November 17, 1987 - Minutes
Page 8
APPROVE 1988 ENGINEERING RATES/BRA
MOTION by Knight, Seconded by Apel, that we approve the rates as
presented here by Bonestroo, Rosene, Anderlik and Associates. Moti on
carried unanimously.
PARK BOARD MEMBER APPOINTMENT
MOTION by Elling, Seconded by Knight, that we appoint Thomas
Anderson, 1269 148th Lane NW, to the Park Board for the longest term
open (to December 31, 1988). Motion carried unanimously.
ORDER FEASIBILITY STUDY/wINSLOW HILLS
MOTION by Elling, Seconded by Knight, a Resolution declaring
adequacy of petition and ordering preparation of a feasibility report
for the improvements of watermain, santiary sewer, storm drainage, and
streets, Project No. 87-32, In the Winslow Hills 1st Addition area, as
prepared. (See Resolution R232-87) Motion carried unanimously.
TIF INQUIRY
Councilman Knight reported he received an Inquiry on the cost of the
lots in the City's commercial park. It is a manufacturing company of
hospital related products, and they would also like a showroom. He
asked how much the City will be selling those lots for.
Attorney Hawkins stated the appraisal done on that area indicates a
market value of 65 to 85 cents a square foot. He also stated the
amount of the bond issue for the costs related to the commercial park
will be $205,000, and that does not include the cost of acquiring the
Bever property. The Bevers have not responded to the I ast offer the
City made to acquire that property.
Counc II discussed various methods of arriving at a cost per square
foot for the commercial lots. Mr. Schrantz recommended attaching a
price to each lot on the plat so potential buyers would know the
purchase price. The Counc i I could use that as a basis if any further
negotiations are warranted.
No specific amount was agreed to, though it was felt Councilman KnIght
could tell the company the cost would be around 50 cents a square
foot. The staff was asked to determine the total cost incurred In the
development of the commercial park, and the I tern wi II be addressed at
the November 24 meeting.
Regular City Council Meeting
November 17, 1987 - Minutes
Page 9
APPROVAL OF CLAIMS
MOTION by Apel, Seconded by Knight, that we authorize the payment of
Claims starting with Check Number 13603 through 13679 for a total of
$368,536.23. Motion carried unanimously.
ADMINISTRATIVE REPORT
Counc II agreed to meet with Char]es Weaver at the December 1 meeting
to discuss the fiscal disparity question.
Mr. Schrantz asked whether some of the bonds should be paid off or the
money invested In the 4M Investment Fund with the League of Minnesota
Cities. To invest in that fund, he felt a resolution should be
approved for that authorization. Counc I J generalJy approved of the
4M Investment Fund but suggested the item be tabled to the next
meeting to alJow Mayor Windschitl an opportunity to comment on the
matter.
Mr. Schrantz asked whether the City Is interested in acquiring the tax
forfeit property in the Mattson and DeGardner Crooked Lake Addition.
He didn't know if that lot was part of the ponding requirement for the
surrounding area. It is landJocked without any street frontage.
Counc I I felt they would not aJ low Just a driveway access to it to make
it buildable and agreed to let the parcel be put up for private sale.
Mr. Schrantz explained the Abundant Life AIJiance Church asked about
the possibility of using the Council chambers on Sunday mornings for
worship services. Counc i ] discussion noted with the new addition to
the west, there will be no way to secure the offices.
MOTION by Apel, Seconded by Knight, that we deny the request by
Shawn Norton to use the Council chambers for Sunday morning worship
services because of the Impossibility of isolating the chambers from
the off ices. Motion carried unanimous]y.
Mr. Stone asked for authorization to acquire three scanners for the
City at a price of $169 each for Mr. Schranz. for Public Works, and
for the Mayor. This would help keep them informed in any emergency
situation. Counc i ] felt the request for Public Works may be valid but
suggested pagers be given to the others in an emergency. No specific
action was taken.
MOTION by Knight, Seconded by Apel, to adjourn. Motion carried
unanimouslY. Meeting adjourned at 10:55 p.m.
~\ Respec~tf~~bm/l
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Ma cella A. Peach
Reco~ding Secreta~y