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HomeMy WebLinkAboutCC January 19, 1988 ;_ ~- -"'~1"'~\ ¡ CA.' CITY 01 ANDOVER ~ ~, ,;' REGULAR CITY COUNCIL MEETING - JANUARY 19, 1988 - AGENDA ...-". .~7J-ø.- 7:30 P.M. l. Call to order 2. Resident Forum 3. Agenda Approval 4. Discussion Items *a. Solid Waste Abatement Plan b. T. Gearhart Development Plan Discussion c. Tax Forfeit Property/Assessments d. Creekhaven Sketch Plan 5. Staff, Committee, Commission *a. Order Feasibility Report/88-1/Crosstown Boulevard from Bunker Lake Boulevard to 140th Avenue b. Ordinance 55, Section 37, Amendment c. Storm Drain Standards/Rural Subdivisions *d. MSA Designation *e. TKDA Contract 6. Non-Discussion Items a. Approve Auditor's Agreement b. Order Street Lights c. Order Condemnation Proceedings/87-11/88-l d. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment *Not on published agenda. ~ - -- rgi\1 CITY of ANDOVER ~ ,<¡;' 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100 \, ./ "\'0'+, >i"· REGULAR CITY COUNCIL MEETING - JANUARY 19. 1988 <.~,<,. MINUTES ) The Regular Bi-Monthly Meeting of the Andover City Council was cal]ed to order by Mayor Jerry Wlndschltl on January 19, 1988, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, ~4 Minnesota. 1'<1, Councilmen present: Apel, Elling, Knight, Orttel y Councilmen absent: None Also present: City Attorney, William G. Hawkins: TKDA Engineer, John DavIdson; City EngineerIng TechnIcian, Todd Haas; CIty Planner, Daryl Morey; City Administrator, James Schrantz; and others RESIDENT FORUM Dave PiacentinI. 14424 JonQU i I Street - requested the CIty adopt an ordinance to prevent residentIal developing along the lInes of tract homes. He was especial II' concerned with his neIghborhood, notIng the number of Identical homes beIng built, some of them rIght next to each other. He showed pIctures of his area. explaining he was concerned about the reduced property values wIth so many Identica] homes. The CouncI J discussed the issue, noting It has not been a serious problem In most other developments. There was also some question on the enforcement of such an ordinance and additIonal tIme needed to check on plans of surrounding houses. A suggested guideline was to not allow the same elevation within 300 feet of each other, which would mean every fourth house could be the same. I t was agreed to have the attorney draft a proposal for consideration at the next meeting. MOTION by Apel, Seconded by Knight, that we direct Mr. HawkIns to prepare a draft ordinance for consideratIon at our next meeting. Motion carrIed unanimously. Mr. PIacentini - also showed pictures of the mess in hIs back yard, explaIned what had taken place to date, and stated the problem was not taken care of last fall like it was supposed to. Mr. Hass stated the contractor has saId the work will be completed in the spring. AGENDA APPROVAL The following additions to the Agenda were suggested: Item Sf, Waste Disposal Site Assessments; 5g, Burning Ordinance; 5h, IndemnificatIon of County; and 51, Signals at Round Lake Blvd. and 140th Lane, and to hold a closed meetIng wIth the CIty Attorney. Mayor WindschitI asked for a motion to approve the Agenda. MOTION by Knight, Seconded by Apel, to so move. Motion carrIed unanImously. / Regular City Council Meeting January 19, 1988 - Minutes Page 2 TOM GEARHART DEVELOPMENT PLAN DISCUSSION Tom Gearhart. Gearhart Funeral Home - stated he Is proposing to build a funeral home some tIme In the future on the east end of the Grace Lutheran Church property. However, if Rose Street Is extended as proposed, that property would become an unbulldable lot and he would have to back out of the purchase agreement with the church. Mayor Windschitl reviewed the county plans to install the median along Bunker Lake Boulevard and the Council's attempt to provide an orderly traffic flow from the Church and an exit to the shopping center from Chapman's Addition. Ben Skordahl. on the Church Council of Grace Lutheran Church - stated they were unaware that the City has made any resolution as to the extension of Rose Street. He asked what would happen to theIr excess lot If Rose Street is extended. thinking it would not be large enough to accommodate any use. He also asked what good is it i f Rose Street Is extended but it wi I I not connect to a semaphore. Mayor Wlndschltl revIewed the proposal to have Rose Street extend north to a frontage road where traffic could turn east to the semaphore. Mr. Schrantz stated there are some design problems of getting the frontage road at that Intersection of the proposed signal on Bunker Lake Bou]evard. Mayor Wlndschit] also noted the church needs a portion ot that extra lot to meet the parking requIrements. Mr. Morel' stated the remainIng church property would meet the parking requirements as there would be room for additional parking in the front of the buildIng. Dale Strassbura. 3422 136th Lane - stated he and some of his neighbors don't feel the extension of Rose Street will alleviate much traffIc, but Instead would increase traffIc In that resIdentIal area. He thought people from the new addition would use Rose Street to get to the shopping center. And they do not want any more traffic in their neighborhood. A bigger safety problem Is to turn left out of their area onto Round Lake Boulevard. He felt a sIgnal is needed on Round Lake Boulevard and Roosevelt. Mayor Wlndschlt] stated that is being talked about and Is something that can be done. He also cautioned If Rose Street Is not extended, once the medians are installed along Bunker Lake Boulevard the only way out of that area would be through their neighborhood. This was an attempt to pull the traffic away from their area. Sharon Widmark. ¡36th and Rose - understood the CouncIl's intentions, but she didn't see a need to get out to Bunker Lake Boulevard. If the church needs to get out, she suggested the service road be extended for them without extending Rose Street, thinking that Regular CIty Council Meeting January 19, 1988 - Minutes Page 3 (Tom Gearhart Development Plan Discussion, Continued) would help both the church and Mr. Gearhart. She explained In the past people would cut through their neighborhood to avoid the Intersection at Round Lake and Bunker Lake Boulevards, and she was sure that would happen agaIn it Rose Street were extended. She stated It was her feeling and that of most of the neighborhood that they would rather have the church traffIc comIng through their area on Sundays than all the other traffic every day. Counc 11 dIrected the Engineers to review the traffic flow through that area and make a recommendation as to the extension of the service road or any other alternatives to the extensIon of Rose Street. This Is to be placed on the agenda for the February 2 meeting. Mr. Gearhart stated he would be willing to let the church use his parking lot when he Is not using It, and he probably would use the church's on occasion; but he would not enter into any kind of wrItten agreement with the church regarding parking. He felt the church has enough land to meet the parkIng requIrements. Mr. Morel' stated the church parking lot Is 22 stalls short If thIs parcel Is sold, but there should be sufficIent room In the front to Incorporate those stalls. Mr. Strassburg stated their biggest service is at 9 o'clock, and he has never seen any cars parked on the streets. He felt they do have enough park i ng; and there has not been a problem since they went from two to three services. Counc 11 agreed to discuss this further at the next meetIng. Mr. Gearhart also stated It Is his Intent to acquire the parcel for long range planning for a funeral home if it is a buildable parcel and if I t is zoned to Neighborhood Business. He didn't know when that would happen. But If It becomes unfeasIble to build the funeral home, he would sell the lot with the Neighborhood Business zone. which would allow any other business whIch meets the NB requirements. Ms. Wldmark stated there is no obJection In the neighborhood to the funeral home, even though they recognize there is a possIbility that Mr. Gearhart would sell the lot and the use would be something other than a funeral home. Mr. Gearhart also asked about the cost of a service road and who pays for It. If it is assessed against the property he Is plannIng to purchase, he wanted to know how much land would be taken and how much he would be assessed for It, whIch would also have a bearIng on his proposa I . Mayor Wlndschltl stated typIcally service roads are assessed to the land, but that wIll be answered at the next meeting. Regular City CouncIl MeetIng January 19, 1988 - Minutes Page 4 TAX FORFEIT PROPERTIES/ASSESSMENTS Frank Stone, Public Works Supervisor, stated the parcel in the Russell-Stack AddItion was taken for park purposes because there are no parks In that area. Dean LIps. 16631 Zuni - stated he and BII] Heaston have been lookIng at the lot as a possible Investment to protect their property, as they and many of the resIdents do not want a park next to theIr propertIes. M.. Heaston would acquIre It because It Is adJacent to hIs property. They knew that parcel had gone for back taxes and were watching for the sale to bid on It, but they Just tound out the CIty was purchasIng I t for a park. They also wanted to know if they could acquire that lot, whether or not It is a buildable lot, and how much the taxes would be. Mayor Windschilt explained if it is an unbuildabJe lot, it would be taxed as raw land. A buIldable lot would have a higher tax. During further discussion, there was confusion as to whether or not it is a bui ldable lot because it is known to be quite low but there is apparently an assessment agaInst It. The staff was asked to research that further to determine Its bulldabillty and whether there are any assessments against it. The Counc 11 generally felt it would be more advantageous to have the lot on the tax rolls sInce the residents do not want a park there and parkland can be attained as other nearby properties develop. MOTION by KnIght, Seconded by ApeJ, that we turn back thIs parcel to the county by whatever procedure is necessary wIth the intent of reattaching the assessment, and also look at 1 t to see whether the assessments are proper as to whether or not it is bui Idable. Motion carried unanimously. Attorney Hawkins stated another alternative mal' be to have the CIty buy the lot for private purposes and sell It to M.. Heaston. Then the CIty can set the prIce and Mr. Heaston wi II not have to go through the county procedure to buy tax forfeit property. In the ensuing discussion, there was some questIon as to what wouJd be the best procedure for both the City and Mr. Heston and Just what that procedure Is for both turnIng the property back to the county or sellIng it outright to Mr. Heaston. MOTION by Knight, Seconded by Apel. to reconsider the last moti on. MotIon carried unanImously. MOTION by Orttel, Seconded by Elling, that we direct staff to contact the County Auditor's OffIce and to determIne the value that would be placed on the lot in the Russell-Stack Addition if the CIty were to purchase It outrIght, and also determine the procedure for turnIng It back in the event It Is determIned that we would turn it back to the county. MotIon carrIed unanImously. Regular CIty Council Meeting January 19, 1968 - MInutes Page 5 CREEKHAVEN SKETCH PLAN Blaine Edmundson, 10470 MississippI Boulevard, Coon Rapids, repre- sentIng Donna Green, stated the City staff recommended the northeast corner of the plat be zoned NeIghborhood BusIness. He said the area does not meet the acreage requirement for NB, but the other alternative would be to place an 8-unlt apartment on that lot. Another problem noted by the staff was with the lot facIng Crosstown Boulevard. whIch Is a county road. Counc il explained the intent Is that portion of Crosstown Boulevard wi I I become a City street In the tuture when the road Is realIgned, agreeing it would be acceptable to have the lots face that street. Counc i I also preferred not to have the northeast area zoned NB, as no buffer would be provided for the existing residents. M.. Edmundson stated they preferred residential lots as proposed. Counc i I agreed. Because that portion of Crosstown Boulevard will become a City street, It was felt no rIght of way should be taken for a service road. Only the required easement along a City street is to be required. Mr. Edmundson asked what the City is going to do with the city-owned lot off Crocus. Mayor Wlndschltl stated 1 twIll be sold as a sIngle-famIly resIdential lot. DiscussIon was on the staff's concern of lots facIng 138th, sInce that street Is a maIn access and wl]1 have more traffIc, and theIr suggestion to rearrange the lots so they would not face 138th. It was fInally agreed the corner lots on Northwoods Drive and 138th should face Northwoods DrIve, but that the other lot layout should remain as shown. Mr. Edmundson was then advised to proceed to the Park and Recreation and PlannIng and ZonIng CommIssIons with the proposa]. SOLID WASTE ABATEMENT M.. Morey reviewed the alternatIves possible for a work plan for solid waste abatement In Andover. ACE disposal has stated it Is In the process of ImplementIng a curbside pIckup program of newspapers and alumInium for its customers wIth a financial IncentIve to separate the waste. Peterson Disposal has IndIcated a willingness to discuss such a program. ThIs has the advantage of no dIrect supplement from the CIty. Also, MSD has stated it would provIde a mobIle unit every other Thursday durIng the evening whIch would pay for alumInum and steel soft drInk and beer contaIners. aluminum foi I and plastIc soft drInk containers. The City would still have to supplement the program with glass recyclIng, thinkIng that could be done by the CIty I n a sma I I building In the vicInity of the CIty Hall. Regular City Council Meeting January 19, 1988 - Minutes Page 6 (Solid Waste Abatement Work Plan, Continued) The Council generally agreed to try the proposal for a year. Staff was also advIsed when residents are Informed of the program, the alternative of the newspaper dropoff run by the Athletic Association also be mentioned. MOTION by EllIng, Seconded by Apel, that we accept the work plan submitted by Daryl (Morel') as described using private haulers, ACE, as far as recyclIng of papers and aluminum cans. and then utIlIzing the $6.000 grant monel' to establish a plastic bottle and glass recyclIng facIlity on the CIty Hall site or at the PublIc Works sIte, and enter Into an greement with MSD to haul the plastic bottles and cans. Motion carrIed unanimously. ORDER FEASIBILITY/88-1/CROSSTOWN BOULEVARD/BUNKER LAKE TO 140TH MOTION by Apel, Seconded by Knight, a Resolution ordering feasibIlIty report for the improvements of streets and storm draInage construction, ProJect No. 88-1, in the Red Oaks/Crosstown Bou]evard (Bunker Lake Bou]evard to 140th Avenue) area. (See Resolution ROI5-88) Motion carried unanimously. MOTION by Ape], Seconded by Orttel, that we also authorize the engineers to get soIls report necessary to Implement the project. MotIon carrIed unanimously. ORDINANCE 55. SECTION 37 AMENDMENT MOTION by Knight, Seconded by EllIng, an OrdInance regulating the operation of the public water system, requiring certain connections to be made to the public water system. providing for the Issuance of permits for. and supervision of, all connectIons to the public water system. prescribing certaIn materials and methods to be used for saId connections, prescribing rates and charges for the water service, and prescribing for the violatIon of same In the City of Andover, County of Anoka, State of Minnesota, as presented. (See Ordinance 55G) Motion carried unanimously. TKDA CONTRACT Mr. Davidson stated they have prepared a revised Page 8. Attorney Hawkins was satisfIed with the revisIon. MOTION by Orttel, Seconded by E]]Ing, that we approve the contract for TKDA for the year 1988 with the amended Page 8R relating to the waIver of rights of recovery. Motion carried unanimously. Regular City Council Meeting January 19, 1988 - Minutes Page 7 WASTE DISPOSAL SITE ASSESSMENTS Councilman Elling reported Conestoga-Roggers wants to put In two test wells In the landfIll and wants to dump the water into the City's sanitary sewer system. The tests would generate approximately 100,000 gallons over a four-day perIod at a rate of 10 gallons per minute. That landfill area has not been assessed and Is outside the sewer dIstrIct, but apparently It has been approved by the MWCC. Councilman Elling was concerned about setting a precedent if they are allowed to dump into the system. The general consensus of the Council was the water does not belong In the City's sewer system. There was concern of reducing the capacity for resIdential use If thIs were allowed. Also, thIs would Just be the fIrst step to the fInal cleanup of the landfIll where It Is anticipated 18 to 20 wel Is would ultimately be Installed wIth the intent of dumpIng Into the City's sanitary sewer system. It was noted the City must provIde an outlet for sewer pumpers to dump waste into the system, and they are charged on a gallonage basis for a dumping fee. It was suggested the landfIll area should be treated In that fashion, as the Council did not have enough Information on whIch to base a decisIon for use of the sanitary sewer system. INDEMNIFICATION WITH COUNTY/CROSSTOWN BOULEVARD EASEMENT Mr. Davidson stated the county wants indemnifIcatIon from the effects of running the City's utIlIties across the easement by Coon Creek because of the proximity to the landfIll. He suggested that be given because the property has been restored to Its pre-existing condition. None of what Is defined as easement encroaches on any part of what was the landfill site. It Is normal IndemnificatIon, as the City accepts the responsibIlity for maintenance of the utilIties. MOTION by Orttel, Seconded by Knight, that we authorize the Acting Mayor and Clerk to sign the indemnifIcatIon agreement wIth the County of Anoka regardIng the easements along Crosstown Boulevard and Coon Creek. Motion carrIed on a 3-Yes, I-No (Elling), I-Present (Wlndschltl) vote. STORM DRAIN STANDARDS/RURAL SUBDIVISIONS Frank Stone and Mr. Haas noted the problems with the exIsting storm drainage outlets In the rural area as far as erosion, failing bitumInous flumes, debris entering the pipe culverts, and lack of abilIty to maintain the area. They felt the Offset Catch BasIn Inlet would alleviate these problems. Council had some concern about the addltlona] expense to the developer, asking tor a list of problem outlets the Council can vIew. The Item was tabled to the next regular meetIng. Regular City Council Meeting January 19, 1988 - MInutes Page 8 BURNING ORDINANCE Fire Chief Bob Palmer presented copies of the burning permIts Issued to contractors and residents along wIth the air pollution control rules. He explaIned the Department must follow those guidelInes. Councilman Elling expressed frustration that the rules are so restrIctive that it Is virtually Impossible to burn anywhere within the City. He was not able to get a permIt because of the pine trees even though the burn area was in the open and In snow. He also noted others are getting frustrated because they have not been allowed to burn, thinking there should be some flexlbI]lty and common sense when allowIng a burn. ChIef Palmer stated they have received complaints about al]owlng burnIng In the pine trees, so they stopped permittIng It. They have also been warned by the DNR to follow the rule of not allowIng burning wIthin 600-feet from a residentIal buildIng. If the Counc I I does not wIsh to follow the PCA guidelInes, he would prefer that the PCA issue the permits. It was agreed the CouncIl wi]] review the the rules for burning for further discussion at the next meeting. SIGNALS/140TH AND ROUND LAKE BOULEVARD MOTION by EllIng, Seconded by Orttel, a Reso]utlon ordering the expenditure for the signal at Round Lake Boulevard and 140th Lane from the TIF bond (DistrIct 2), as presented. (See Resolution R016-8S) Motion carrIed unanimously. APPROVE AUDITOR'S AGREEMENT MOTION by EllIng, Seconded by Knight, that we approve the audit of George M. Hanson Company for an amount not to exceed $10,700 for the year 1987. MotIon carrIed unanimously. ORDER STREET LIGHTS Mayor Wlndschltl suggested two other locatIons: Bunker Lake Boulevard and 7th Avenue and 172nd Avenue and Verdin, for a total ot 38 lights. He stated the fundIng for the addltlona] ] Ights wIll be those funds which had originally been budgeted for the AssociatIon of MetropolItan MunicipalIties. MOTION by Knight, Seconded by Orttel. that we accept the locations for the street lights as presented, Including the last two lights. Motion carrIed unanimously. Regular City Council Meeting January 19. 1988 - MInutes Page 9 ORDER CONDEMNATION PROCEEDINGS/87-11/88-1 MOTION by EllIng, Seconded by KnIght, a Resolution determInIng the necessIty for and authorIzIng the acquIsItIon of certaIn property by proceedIng In emInent domaIn, ProJect 87-11, as presented. (See ResolutIon ROI7-88) MotIon carried unanImously. Attorney HawkIns stated he was under the Impression that the City had rIght of way along Crosstown Boulevard dedicated as part of KensIngton Estates plat but has been informed that the CIty does not have It. Because that plat Is being developed by the Mayor, I t has to go through eminent domain because he cannot legally negotIate wIth the Mayor on the acqulsiton of easement. The Mayor would be compensated for the easement in the same fashion as other developers, but the court must determIne the value of the easement. He asked that that be included in the resolution. MOTION by Orttel, Seconded by Ape]. a ResolutIon determIning the necessity for and authorizing the acquIsitIon of certaIn property by proceeding in emInent domain for ProJect 88-1 as presented. and include the additIon of those propertIes Involved In ProJect 87-3B that were not previously acquired. (See Resolution ROI8-88) Moti on carrIed on a 4-Yes, I-Present (WIndschltl) vote. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Knight, approval of ClaIms 13957 through 14036, IncludIng the wIred payments, for a total amount of $1.495,515.15, less ClaIm Number 13989 In the amount of $374.466.38. MotIon carrIed on a 4-Yes, I-Present (WlndschItl) vote. MOTION by Orttel, Seconded by Apel, approve ClaIm Number 13989 In the amount of $374,466.38. MotIon carrIed on a 4-Yes, I-Present (WIndschItl) vote. Counc 1 ] adJourned at this tIme to hold a closed meeting with the Attorney regardIng lawsuIts. 9:50 p.m. MOTION by Knight, Seconded by EllIng, to adJourn. Motion carried unanImously. Meeting adJourned at 10:27 p.m. Respectfully submItted, '~~·QQ~~~L Ma lla A. Peach RecordIng Secretary , -