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HomeMy WebLinkAboutCC June 7, 1988 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 7, 1988 - AGENDA 7:30 P.M. l. Call to order 2. Resident Forum 3. Agenda Approval 4. Pllàlie IIcarino:y/\'aeation sf £crJiec Road Eaßcmcnt/C£:AII 18 5. Discussion items a. Dog Bite Complaint, Cont. b. New Generation Homes Mining Permit, COnt. c. Old Colony Estates Preliminary Plat d. Minnesota Intrastate Transmission Systems Special Use Permit e. Creekhaven Preliminary Plat f. Northwestern Bell Special Use Permit, Cont. g. Ward Lake Lot Discussion/D. Nelson h. Red Oaks Manor 5th Addition Preliminary Plat i. Ordinance 52 Amendment j. Engels Special Use Permit k. Lund's Evergreen 5th Addition MSA Discussion 1. Declare Adequacy of Petition/Dehn's Addition m. Approve Purchase Agreements n. Award Bid/159th Avenue Culvert o. Woodland Creek Golf Course Permit Review p. Commercial Park/Protective Covenants q. Resolution Accepting Work/Oak Bluff 1st Streets --r. Street Lights/Appro·..o R06011ltisn5 DoId-<- s. Kensington Estates III Final Plat t. Orttel Lot Split u. Tonson Tires v. 6. Staff, Committee, Commission a. Handout Discussion w/Administrator b. Renew Kennel license/po Prior C. Park Board/Approve Expenditure for Comprehensive Plan d. Building Inspector ~e. Additional Fire IIydrantc/Fire DepartmQRt D~/d('.. f. Assessment Abatements 7. Non-Discussion Items a. Order Plans & Specs/Northwoods Tennis Court b. Award Bids/88-4; 88-6: 88-7: 88-2 c. Declare Adequacy of Petition/Uplander d. Condemnation/Red Oaks 5th Addition e. Tulip Street/No Parking Resolution f. Award Bid/Oak Bluff Park g. Approve Final Plat/Brandon's Lakeview Estates h. Approve R/W Payments i. Order Public Hearing/88-10/University Avenue j. Accept Work/Approve Final Payment/86-7: 86-12: 87-2: 87-6 k. Approve Joint Powers Agreement w/Ham Lake l. Approve Plans & Specsj88-10: 88-9: 87-21 m. Receive Feasibility Reports/88-13: 88-8 8. Approval of Minutes 9. Approval of Claims 10. Adjournment CA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304' (612) 755-5100 REGULAR CITY COUNCIL MEETING - JUNE 7, 1988 MINUTES The Regu]ar BI-Monthly Meeting of the Andover City Council was cal]ed to order by Acting Mayor Kenneth Orttel on June 7, 1988, 7:30 p.m., at the Andover City HaIJ, 1685 Crosstown Boulevard NW, Andover, Minnesota. CounciJmen preent: Apel, EJ J ing. Knight Councilman absent: Mayor Windschltl Also present: City Attorney. William G. Hawkins; Assistant City Engineer, Todd Haas; City AdmInistrator. James Schrantz; and others AGENDA APPROVAL MOTION by Apel, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. DOG BITE COMPLAINT Acting Mayor Orttel explained two separate police reports were fiJed reporting incidents where a German Shepherd dog owned by Luke Davich. 2780 South Coon Creek Drive, had bitten children. He read both reports from the Deputy, which were dated Mal' 7 and Mal' 8, 1988. Luke Davlch - reviewed what he had said at the previous meeting, that the incident was supposed to have taken place 45 minutes before he got home, but the wound he saw was fully scabbed. He didn't bel ieve it was a dog bite. He admitted hIs dog is possessive and will grow! and bark; but to his knowledge, he did not beJieve it had ever bitten anyone. And he didn't beJleve there was proof now that anyone was bit. Mr. Davich stated the City was given the name and phone number of the clinic to verify that the wound was scabbed, but the City Staff didn't think it was necessary. It was his opinion the poJiceman made a poor Judgement when reporting it as a biting incIdent. He had expected the deputy to be present this evening to discuss the matter. He also stated he knew nothing about the second incident. Mr. Davich continued that there are many children in his yard and there has never been a problem with the dog. He be II eved the ordinance is clear, and that in this instance there is no evidence that the dog bit anyone. ActIng Mayor Wlndschltl stated it doesn't have to be a bleeding wound, and the ordinance Is being changed to IncJude chasing and lunging dogs. The Council's concern Is kids being changed by dogs. M.. Davich stated that Is his concern also. - - Regular City Council Meeting June 7, 1988 - MInutes Page 2 (Dog Bite Complaint, Continued) Counc i I feJt it could not overlook two separate reports from Deputy Berggren and noted there is no evidence to support Mr. Davich's contention. It was explained the declaration of the dog as a biting dog is a warning; but i f there is another incident. the dog must then be removed from the City. MOTION by Elling, Seconded by Apel. a Resolution declaring the German Shepherd owned by Luke Davich of 2780 South Coon Creek Drive a bi ti ng dog under the terms of City Ordinance No. 53. (See Resolution R098-88) DISCUSSION, Mr. Davich stated It Is not a German Shepherd. He felt the Counc II wasn't doIng its job by not finding out all the facts. He again urged the Council to cal I the clinic and get a professional's opinion on whether it was a dog bite or an old wound. Acting Mayor Orttel stated the resolution is for the dog which the deputy refers to as a German Shepherd. Motion carried unanimously. NEW GENERATION HOMES MINING PERMIT Acting Mayor Orttel reviewed the Staft comments for restrictions on the mining permit requested by New Generation Homes. Mr. Haas noted the ordinance allows Special Use Permits for a period of not more than one year. Counc i I also asked to have the site plan of the 13 acres to be mined as a part of the permi t. An issue that was discussed was the continual restoration of the area as I t Is being mined. Wayne Bachman of New Generation Homes stated they have no obJection to doing that. As they take off portions of the soi I, they wi 1 1 restore it with topsoi I and seed. Tom Minor. 15629 Kiowa - stated at the last meeting they had talked about prohibIting the operation on Saturdays. M.. Schrantz explained the ordinance does not prohibit such operations on Saturdays. Darlene Lazarz. 157th - stated she counted the cars along 157th for three days between 4 o'clock and 5 or 5:15. Within that hour there were 215 cars one day. 255 another, and 230 on another. She fel t that was a lot of traffic and would be a hazard if the trucks hauled dirt durIng that time period. Mr. Bachman didn't expect to be to be working past 4 or 5 o'clock regularly, but mal' do so on a particular job that would need to be done or because of the weather. M.. Minor - stated he talked with many of the neighbors about this, and the residents real II' do not want this type of activity In their neIghborhood. It is an extremely busy street, and he didn't think it was appropriate to be hauling on Saturdays or after the dInner hour. He asked if any of the lots would be unbuildable when the mining is completed. Regular City Council Meeting June 7, 1988 - Minutes Page 3 (New Generation Homes Special Use Permit, Continued) Councilman Elling stated no, but he sti I ¡ had a problem with possibly subvertIng the regulations regardIng an EAW by minIng in a piecemeal fashion. M.. Bachman explaIned as a part of the prelImInary plat they are filing, they wll I not remove any filI. He expects to be developIng that other area very soon. MOTION by Ape], Seconded by Knight. a Resolution for approval of a Special Use PermIt requested by new Generation Homes to mine soIl from the property known as Indian Meadows, amended to include No. 9, that the applicant is required to restore the mined area using approved topsoi I and seed as he progresses at not more than 30-day Intervals; No. 10. that this permit be tied to the grading exhIbit presented at this meeting, Agenda Item 5b and so labeled; and No. 11, this wi I] be reviewed annually; and amend No. 8, Hauling of material Is Monday through Friday, 7:00 a.m. to 4:00 p.m., and no hauling on weekends. DISCUSSION: Mr. Minor noted his experience with the traffic at 7 a.m. , stating there is considerably less traffic at 7:30 a.m. He felt that half hour would make a big difference in safety. Counc i I man Ape I CHANGED the motion. No. S, Hauling of material is Monday through Friday, 7:30 a.m. to 4:30 p.m.. and no hauling on weekends. Second Stands. (See ResolutIon R099-88) Motion carried unanimously. OLD COLONY ESTATES PRELIMINARY PLAT Counc II asked about the east side of Xeon for future development. Attorney Hawkins stated that can be required to be dedIcated at this time. Al Hamme I . GauGhan Companv - stated they are not asking for approval on that portion at this time. Just for Phase 1. The code requires that everythIng within the MUSA be shown on the preliminary plat. They wI ¡ I have the complete rIght of way on Xeon. IncludIng that portion which is outside the MUSA, when they come back wIth the plat. Mr. Hammel also explained the Environmental Quality Board has told him and Mr. Haas that they would have no difficulty going ahead with Phase 1 , not wanting to see the phase held up. They are in the process of preparIng an EAW for the entire 140 lots; but to wait untiJ the en ti re comment period on that EAW would push this phase to sometime In the fall. Over 50 percent of the Improvements have already been ordered for the development. with work being done at thIs time. M.. Hammel stated there wouJd be no further platting done until the EAW is reviewed and approved by the Council. MOTION a Resolution approving the preliminary plat of Old Colony Estates as being developed by the Gaughan Companies in Section 26 32 24. as presented, and Change No. 2 to: an EAW be done on this pJat prior to the finalization of Phase 2. (See ResolutIon RI00-88) Motion carried unanimously. Reguiar City Council Meeting June 7, 1988 - Minutes Page 4 MINNESOTA INTRASTATE TRANSMISSION SYSTEMS SPECIAL USE PERMIT Planning and Zoning Commissioner d'Arcy Bosel I reviewed the proposed proJect to Install a natural gas pipeline through Andover adJacent to the Burlington Northern railway line. The Planning Commission Is recommending approval of the special use permit. /luting the publ ic Input at the public hearing. In addition, it is possible the MITS mal' need to store their pipe along the proposed pIpeline location. Dennis Sandberg of MITS has stated their primary storage point would be in the CI ty of Isanti. Ms. Bosel 1 recommended a condition of the SUP that such storage not create a safety hazard for the citIzens of Andover. that it be conducted for a maximum of 12 months, and that the site of storage be restored as to vegetation, etc.. if appl icable. Finally, many of the residents were concerned with the oak trees and spread of oak wilt. Ms. Bose] ] stated M.. Sandberg has met with the City's Forester, Ray Sowada. and has written a letter dated June 7 regarding the oak wilt issue and the safeguards they will imp I emen t. She recommended adding as a condition of the SUP that the prevention of oak wilt will be considered according to that June 7 let te.. Dennis Sandbera. MITS - stated it has been decided that the rai I road tracks in Andover are too busy and that their storage of pipe wi I] be In Isanti. Bi I I Jordan. Attornev reoresentina MITS - explained the route of the pipeline requires the approval of the Department of Natural Resources. The Office of Pipeline Safety has Jurisdiction over the line, but that Jurisdiction begins once consturction begins. They have no Jurisdiction over determining where the ] ine wi I I go. Acting Mayor Orttel stated he understands the pipeline will be closer to a resident than what would be allowed under the 1987 Pipeline Safety Act. M.. Jordan explained the 1987 Pipeline Safety Act charges the Office of Pipeline Safety with adopting a model setback ordinance. Once It Is adopted, communities that have pipelines running through them wi 1 I be required to adopt setback ordinances at least as stringent as the model ordinance by no later than 1989. The model ordinance has not yet been adopted, though it is expected to be in place by this fall. Gary Reddinaton. 978 154th Lane - presented a petition from three landowners on the east side of the railroad tracks which presented some background and their request to have the line run down the western portion of the railroad tracks until it is past their propertl es. He explained the original route of the pipeline was down Regular City Council Meeting June 7, 1988 - Minutes Page 5 (Minnesota Intrastate Transmission Systems SpecIal Use Permit, Cont.) the western side of the railroad tracks, but it was decided to switch i t to the eastern side to accommodate the Hills of Bunker Lake plat. The proposal was then to cross from the west to east side on an existing gasilne easement about one mile south of Crosstown Boulevard. He understands the property owner was unhappy about that because it would destroy his sod fields. M.. Reddington explained Sophie Kozlowski owns a strip of land about one-half mile long on the east side of the railroad tracks which was cut off when the railroad went through and which is directly behind his platted property. M.. ReddIngton explained his house backs up to Ms. Koz I owsk I / S land. and there is about 66 feet from there to the raIlroad tracks, which Is where they want to put the pipeline. The pIpeline wil J come wi thin 100 feet of his house and within 50 feet of Mr. Genoskey's house. Plus they wIll be cutting down 55 feet of trees whIch will eJ Imlnate the buffer between them and the raiJroad track, and it wi I ] never be alJowed to grow back again. They are worried about their cutting trees and oak wilt, not i ng the Jack of care taken this morning by the crew cuttIng down trees. Mr. Reddington stated several days ago he called the Office of Pipeline Safety, and a representatIve came on site. Their side of the tracks Is al J wooded; the west side is open, Jow, and undeveloped. The representative couldn't see why the line couldn't be on the west side of the tracks for that 1200 feet. M.. Sandberg explained how and why the pipeline route was chosen, stating they try to balance the different concerns; and they believe they have a defensibJe route. He acknowledged not everyone can be pleased with whatever route is seJected, and there are many, many factors to consIder. One of the key factors was that Ms. Kozlowski wanted the pipeline on the east side and spoke in defense of that issue at the Planning Commission hearing. He stated the statement from the Office of Piepline Safety was made without input from MITS and that it was Just made today. M.. Sandberg also responded to questions from the Council and audl ence, noting the pipeline eastment is 30 feet. which will need to remaIn clearcut. An additIonal 25-foot temporary easement wi I I also be cut as working space for the proJect. There is no intent to keep more than the 30-foot width. They are mandated by the Federal government to maintain a safe pipeline. M.. Reddington - stated the Office of Pipeline Safety has told hlm the act which will go into effect next year tells the pIpelines to try as much as possibJe to stay away from exIstIng houses and develop- ments. Because It doesn't go into effect next until year, It cannot Regular City Council Meeting June 7. 1986 - Minutes Page 6 (Minnesota Intrastate Transmission Systems Special Use Permit. Cont.) be applied against MITS at this time. He thought it was awful to come loll thin 50 feet of someone's home when there's undeveloped land across the tracks because they can make a deal wi th a landowner. Mr. Reddington went on to state the Intent of the Office of Pipeline Safety. when writing this letter. was that It would cause less hardship on the least number of people i f it were placed on the west side of the tracks through their area. There are three people on the east side, only one person on the west; and that person is going to be compensated by MITS for the easement. He accused MITS of not caring about what happens to them. Acting Mayor Orttel noted this Item has already been heard by five other governmental agencies for the past 12 months, aSking if the Counc II has the Ll gh t to change the Jocatlon of the line. Attorney Hawkins advised if there are reasons for changing the locatIon set out in the ordinance, such as documented safety reasons, the Counc i I can address them. Mr. Jordan explained the route change is currently before the DNR and has to be approved by them. He was sure these concerns wi II be considered and would weJcome any comments by the City of Andover before making its determination. Mr. Reddlnaton - stated his wel I would be about 50 feet from the pipeline and the septic system would be about 150 feet away. Richard Genoskev. 968 Crosstown - owns the house that will be 50 feet from the line. His well wi I ] be inside of 100 feet from it. Acting Mayor Orttel thought i f the line went straight, it wou]d be as c]ose to Ms. Kozlowski's house. Mr. Reddinaton - agreed, bul 3tated it would be close to only one house as opposed to three. Acting Mayor Orttel noted it is her property and she should be able to decide how to use it. Also, the property on the west side of the tracks Is included in the City's sewered area; so when It does develop in the future. I t wi I I be into high-densl ty, 80-foot lots. He fe]t the Counc 11 needs to look to the future and take that Into consideration as we I I. He asked If the clear-cutting of 55 feet Is necessary. M.. Sandberg explaIned the need for that width f or use duLl ng construction and the 30-foot width tor on-going maintenance and monitoring. He said the 30-foot width is the very minimal width needed. The I andowners wi I I be compensated for the 25-foot temporary easement and will have complete control over the land use once they are finished. They can typically lay one mile of pipe or dig under a highway in one day, dependi ng on the weather. Councilman Elling was concerned about the frost when pipe is laid that close to houses. He asked how long It would be before the lIne could be shut down in case of a leak. M.. Sandberg explained if it Is a Regular City Council Meeting June 7, 1988 - Minutes Page 7 (Minnesota Intrastate Transmission Systems Special Use Permi t, Cont.) smal I leak, they probably would not notice it unless a landowner complains or there is a discoloration In vegetation. If there is a catastrophe. a device wi II automatically close the line, explaining how that device works. One such shut-off value wi I I be located In Andover at about Crosstown Boulevard. Councilman Elling was concerned about going through residential areas, noting future developments along the line wIll be very dense. He wanted to see that It was shut down quickly If necessary so a lot of residents are not endangered. M.. Sandberg stated that is their concern also. A resident asked what the line Is made out of. M.. Sandberg stated high-pressed steel. Mr. Genoskey asked what was the worst possible thing that could happen. M.. Sandberg stated i f for some reason the pipe opened up, the mixture would get Ignited, In which case his house would burn. He though t it would be very unlikely the house would explode. A resident asked how long the pipe is good for. M.. Sandberg reported a situation of a pipe being maintained that was in the ground since 1960, and there was no sign of deterioration. This line wi]] also be monitored and will be kept safe. A resident asked if the 25 feet of temporary easement is needed again when the pipe is maintained. M.. Sandberg stated sometimes I t is needed, depending on where i t Is at and what the sl tuati on Is. That easement would be compensated for. Councilman Knight didn't understand why they couldn't continue the line along the west side of the railroad tracks for another 1200 feet. He didn't think the cost would be much different, It would be contributing aesthetical II' to those three residents who are already there, and It would not be removing a very Important buffer factor for them. M.. Sandberg didn't think In this instance it was a cost factor. They have made a lot of changes and have been sensitive to the input. This was the land they could get. and Ms. Kozlowski spoke In strong defense of this route at the public hearing. He felt it Is a defensible route and he didn't think the route Is an issue any longe.. Ray Sowada, Fire Marshal, stated he talked with Mr. Sandberg about safety codes, etc. Acting Mayor Orttel asked Mr. Sowada If he had any traIning or school regarding the location of pipelines to houses, etc. M.. Sowada stated no. Acting Mayor Orttel didn't feel he knew enough about pipeline safety to make a determinatIon on whether 50 feet from a residence constitutes a hazard. On the west side, it would be Just as close to Ms. Kozlowski's house. He felt such Boards as the EQB and DNR have better staffing and are better qualified to address that issue. Regular City Council Meeti n9 June ì. 1988 - MInutes Page 8 (Minnesota Intrastate Transmission Systems Special Use Permit, Cont.) M.. Reddington - again referenced the letter from the Department of Public Safety which noted the original route passed by the fewest number of dwellings. The aIternate route increases the number of dwellIngs in close proximity to the pipelIne. The Office of PipeJlne Safety prefers the original route. Acting Mayor Orttel argued they didn't know there wi I I be 30 houses on the other side of the tracks in the future as opposed to three. He also felt it is understandable that Ms. Kozlowski would prefer to have the I ine on that useJess strip of land rather than impact her. Mr. Reddington - thought MITS was ripping her off and she dIdn't know it. He said he offered to buy that land from her, but she asked more than he could afford. Counci Iman Apel didn't ] ike seeing a]] those oak trees cut down either. but he dIdn't think the Counc I ] had enough expertise to decide the routing. He thought MITS did their best regarding safety. and the Council didn't have a lot of authority regarding routing. M.. Jordan reviewed the authority of routing prior to the 1987 leglsIative act. noting the new act will give that authority to the Office of Pipeline Safety beginning next year. He didn't know if the EQB addressed the issue of proximity to residences. He has not yet had a chance to talk with anyone at the Office of Pipeline Safety regarding the comments in their let te.. It is their feeling that they really have picked the route that has the least Impact overa I I going through Andover. They wi I I try to convince that office and the DNR of that. If they fai I, the route wi I J be as it was approved last year. M.. Reddington - stated he talked with the DNR and was told they are powerless as far as the routing Is concerned. M.. Reddington said he was told the on 11' hope left is with the Andover City Council. A woman asked what wi]1 happen to the trees that will be cut down. Mr. Sandberg stated it wilJ be handled on a case by case basis. whatever the landowner wants. CounclIman Elling stated he would iike the pipe on the west side of the railroad tracks through this area to save the oak buffer and to prevent the promotion of oak wilt. He felt any lots that would be platted along the other sIde would be deeper for an added buffer. Acting Mayor OrtteJ noted the only Items the Council can address Is the hea I th , safety. and weJfare issues. And he dIdn't feel the Counc I I nor staff had enough expertise to address that. Regular City CounciJ Meeti ng June 7, 1988 - Minutes Page 9 (Minnesota Intrastate Transmission Systems Special Use Permit, Cont.) M.. Genoskev - stated he asked Ms. Kozlowski last night if she had any obJection to the I ine on the west side of the tracks. She toId him no if MITS would buy the sIlver of land on the east side as wel I . Mr. Sandberg stated Ms. Kozlowski spoke very boldy at the publ ic hearing in favor of the present location. He thought this is not an issue. Attorney Hawkins noted there are other agencies looking at this Issue. If the Counc i I wishes to relocate the line, there must be some basis for it: and he didn't think there was any expertise Indicating this is not a safe location. To change It, he thought someone workIng for the Ci ty must te J J the City I t is not a safe locatIon. Ms. BoseI I read the conclusions by the EOB dated August 21. 1987. Bill Breeaaemann. 13677 Narcissus Street - was concerned about the five-foot frost Jevel and the safety factor, aSking if the pipe is strong ehough to hold that. Mr. Sandberg explained the pipe is deeper than the standards and they are going to extremes with this pipeline regarding safety measures. M.. Jordan stated State stardard requires that the pipe be 4 1/2 feet underground at road and ditch crossings and less along the rest of the route. M.. Genoskev - asked how much of the line is run along railroad tracks and is 4 1/2 feet deep enough to compensate should there be a derai Iment. Acting Mayor Orttel said the EOB addressed it and found no hazards to that effect. Mr. Sandberg stated all but about a mile and a half of the J ine is along the tracks. They have elected to exceed that depth requirement. Mr. Breeaaemann - asked how many 800-pound high-pressure pipeiines are there in Minnesota. M.. Sandberg stated such gaslines are designed to operate at 877 pounds and it mal' get to that high at times. He sa i d i t w I I I not get that high on this Jine because i t is so far away from the compressor station, and there wi I I never be a compressor station buIlt on thIs J ine. It wIll be tested to a high pressure, anticipating that the area wi II become a Class 3 area and wanting to satisfy the stringent codes and safety provisIons. They also continuously monitor 660 feet on each side of the pipeline tor population density increase. Mr. Reddinaton - realized everyone wil I make it as safe as possible, but pointed out it wi J I be safe until It blows up. This is a permanent pipe. specuJating it will bIow up some day. The chance that it blows up next to anyone In particu]ar Is very remote, but it was admitted if it happened next toM.. Genoskey's house, it wI I I bIow up. ActIng Mayor OrtteJ though t Mr. Sandberg had saId it wouJd burn down, which is a big difference. Regular City Council Meeting June 7, 1988 - Minutes Page 10 (Minnesota Intrastate Transmission Systems Special Use Permit. Cont.) Counci Iman Apel didn't like to see the trees being taken down, thinking possibly the DNR can do something about that. He didn't think the Counc i I had the authority to require the change In route. But gas Is needed, and he fel t the safety issue has been addressed. MOTION by Apel. Seconded by Orttel, a Resolution approving a Special Use Permit requested by Minnesota Intrastate Transmission Systems to allow placement of a natural gas pipeline on property adJacent to the Burlington Northern right-of-way from 133rd Avenue to 181st Avenue. Add Item No. 4 in the WHEREAS, pertaining to the storage of pipe along side the said route and stipulate that such storage shall not create a a hazard as to safety for the citizens of Andover; and further that such storage be conducted for a maximum of 12 months, and that the site of storage be restored as to vegetation and contours if applIcable. Also, No. 5, that the pipeline construction be done in such a manner to minimize to the greatest possible extent the effect of oak wilt on the adJacent properties. VOTE ON MOTION: YES-Ape I . Orttel; NO-Elling, Knight Motion fai led. MOTION by Ape 1 , Seconded by Orttel, to table this matter until our next regular scheduled meeting for the fifth Councilmember to be here and for input from the gentlemen from MITS. Motion carried unanimously. CREEKHAVEN PRELIMINARY PLAT MOTION by Knight, Seconded by Apel. a Resolution approving the preliminary plat of Creekhaven as being developed by R & B Investments In Section 33 32 24 as presented. (See Resolution RI01-88) Motion carried unanimously. NORTHWESTERN BELL SPECIAL USE PERMIT MOTION by Knight, Seconded by EI ling, a Resolution approving a Special Use Permit requested by Northwestern Bell placing a utility cabinet for telephone equipment on property located at PIN 26 32 24 24 0001, correcting the sketch plan to show 146th Lane. (See Resolution R102-88) Motion carried unanimously. WARD LAKE LOT DISCUSSION/D. NELSON Acting Mayor Orttel summarized the memo from the Dave Almgren, Bui Iding Official, stated the words 'mottled soil" are in the State Building Code for septic systems. M.. Almgr~n recal led the 39,000 square feet on the property was not al 1 contiguous. Regular City CounciJ Meet! ng June 7, 1988 - Minutes Page 11 (Ward Jake Lot Discussion/D. Nelson, Continued) Dick Nelson. 17163 Ward Lake Drive, reviewed the topography map of the area. He did not want to move the dirt to make it contiguous because the area Is heaviJy wooded. He asked about having a mound septic system as an alternative to the 39,000 square feet, which is recognized by the State of Minnesota. After reviewing the map with Mr. Almgren and M.. Nelson, it was agreed M.. Almgren and Mr. Nelson will look at the matter further. RED OAKS MANOR 5TH ADDITION PRELIMINARY PLAT/CONDEMNATION Mr. Haas stated the problem with the drainage and grading on the east side of the plat has been eliminated, as the developer has purchased the property to the east. Also, a mining permi t wi II be required. Counc 11 noted the intent stated previous]y by the developer was to rezone Outlot B to commercIal, but that is not included in the preliminary plat. The DNR would need to be involved in that should the developer pursue that matter. Attorney Hawkins reported the City needs some compensating area for the relocation of Crosstown Boulevard. The City has proposed giving credit for the parkland dedication of 5.4 acres for both this plat and the recently acquired property to the east to meet that compensating area for the DNR. Since the City is draining into the Jowl and, he proposed the City acquire the rest of the 10wJand, about 14 acres, at $1,000 an acre. M.. Menkveld indicated the proposal would be acceptable but that he wanted $25,000 for the 14 acres. Counc i I discussed the proposal and counterproposal. It was the Council's feeling the Intent of the developer was not to sel I Outlot B to the City because of their future plans for a commercial lot on it. Acting Mayor Orttel questioned the application of parkland dedication against the entire 40 acres, thinking it should not be against that I and that is undevelopabJe. If that 10w]and were excluded, the parkland dedication would be less, so in turn the City would have to be acquiring more. Plus there is highland that would be worth more. He felt those items would Justify more what the developer is asking versus what the City is offering. Attorney Hawkins stated Outlot B is included In the 19 acres; and if the City Is not going to acquire it, the developers must provide drainage rights or easements over it. If they do get permission to f i I I and develop the outlot, the City would then vacate those drainage rights. Regular City Council Meeti ng June 7. 1988 - Minutes Page 12 (Red Oaks Manor 5th Addition Preliminary P1at, Continued) After further discussion, Counc i I preferred continued negotiation with the developer but agreed to order the condemnation in the event an agreement cannot be reached. In either case. the developer should be able to proceed with the preliminary plat. MOTION by Knight. Seconded by Apel, a Resolution approving the preliminary plat of Red Oaks Manor 5th Addition as being developed by the Menkveld Company In Section 34 32 24, as presented. DISCUSSION: M.. Menkveld stated the retaining wal I for the east side was suggested before he purchased the property to the east. Now they wIll grade and slope It. Mr. Haas also stated they shou]d not do any grading of Lot 1 , Block 1 untiJ they get approval from the DNR. The plat has been sent to the DNR for their comments. Councilman Knight ADDED to the motion: That there be no grading of the protected wetland until the DNR has approved. Second Stands. (See Resolution RI03-88) Motion carried unanimous1y. MOTION by Elling, Seconded by Knight, a Resolution determining the necessity for and authorizing the acquisition of certain property by proceeding in eminent domain. as presented. which includes Out lots A, B, and C as shown on the preliminary plat. (See Resolution RI04-88) DISCUSSION: Attorney Hawkins advised to eliminate any potential claims for draining, the condemnation includes all the lowland, Including Outlot B. Motion carried unanimously. ORDINANCE 52 AMENDMENT MOTION by Elling, Seconded by Apel. a Resolution setting fees for permits, rezonlngs, speclaJ use perml ts, variances, platting, license fees, sewer user fees, water fees. lot spll ts. rental fees and various other fees, as presented. (See Resolution RI05-88) Motion carried unanimously. ENGLES SPECIAL USE PERMIT MOTION by Knight, Seconded by EI ling. a Resolution approving a Special Use permit requested by Gordon Engels to allow a temporary dock on the Rum River for property located at PIN 13 32 25 42 0003. (See Resolution RI06-88) Motion carried unanimously. Counc i I recessed at 9:59; reconvened at 10:04 p.m. Regular City Council Meeting June 7, 1988 - Minutes Page 13 LUND'S EVERGREEN ESTATES 5TH ADDITION MSA DISCUSSION ML Schrantz briefly discussed the matter of Jim Lund wanting to develop Lund's Evergreen Estates 5th Addition but the CI ty has recently designated 168th Lane as an MSA street. To do that, M.. Lund would have to redraw the pJat to provide 66 feet of right of way and straighten out a section of 168th Lane. Because i t is a policy decision, the Counc II agreed to discuss it at the June 14 work session and when a full Counc i I is present. DECLARE ADEQUACY OF PETITION/DEHN'S ADDITION MOTION by Ape I, Seconded by Knight, a Resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of street construction, Project No. 88-18, in the Dehn's 1st and 2nd Additions and Johnson's Oakmount Terrace along 145th Avenue area. (See Resolution RI07-88) Motion carried unanimously. APPROVE PURCHASE AGREEMENTS After reviewing the site plan for the proposed car wash, the following motion was made: MOTION by Elling, Seconded by Apel. that we authorize the Mayor and City Clerk to sign the purchase agreement as presented with Kent Roessler for Lot 1 . Block 2 of the Commercial Park for $31,135 plus sewer and water connection charges. Motion carried unanimously. HRA MEETING MOTION by Knight, Seconded by Apel, to call a meeting of the Andover Housing and Redevelopment Authority. Motion carried unanimousJy. At this time the Counci I held a Housing and Redevelopment Authority meeting. 10:13 p.m. The Counc i ] meeting reconvened at 10:14 p.m. AWARD BID/159TH AVENUE CULVERT Counc I J thought $20,000 was expensive to replace a culvert, asking where the funds wi] I come from and whether it should be an assessment proJect. Because it Is a policy decision, it was agreed to table the item to a session and when a ful I Counc I 1 Is available. MOTION by Apel, Seconded by EI ling, to table this discussion item to the work session In July. Motion carried unanimously. Regular City Council Meeting June 7, 1988 - Minutes Page 14 WOODLAND CREEK GOLF COURSE PERMIT MOTION by Knight, Seconded by Elling, that the staff compile a letter stating that the Counc i I is in agreement with the agreement reached with Woodland and the U.S. Environmental Protection Agency. Motion carried unanimously. COMMERCIAL PARK/PROTECTION COVENANTS MOTION by Knight, Seconded by EI ling, that we approve the Declaration of covenants, conditions, restrictions and reservations for Andover Commercial Park according to the map or plat thereof on file and of record in the Office of the County Recorder, Anoka County, Minnesota, as presented tonight. Motion carried unanimously. RESOLUTION ACCEPTING WORK/OAK BLUFF 1ST M.. Schrantz stated the work is not quite done to his satisfaction. There Is the cleaning of the pipe and the topsoil along the boulevards; however, the developer is unwilling to provide the easements for the utility proJect until this matter Is resolved. Attorney Hawkins stated the developer is willing to give the easements across four lots for free if an agreement can be reached on finalizing the plat. M.. Schrantz explained the developer has said the property owners wil I do the boulevards; but not all of them are finished. p I us the lots that are not build on are eroding. There mal' not be a problem if the homeowners do the boulevards. Then the only concern Is the bituminous flume, which he estimated would cost about $1,000. M.. Haas stated the flume keeps eroding away. and the developer has fixed it three times already. There Is no monel' in escrow. Acting Mayor Orttel noted the problem is the sewer and water proJect must be completed by August 1 , the line must go through this property, and there is no time to condemn It. Counc il discussion noted the cost of the easements is about equal to the work remaining on the plat. Councilman Elling asked if the flume is the City's design. M.. Schrantz stated the City approved their desIgn. CouncIlman EI ling felt I f i twas bu i 1 t to the City's standard and it does not work, It is the City's problem, not the developer's. MOTION by Ape 1 , Seconded by Knight, a Resolution approving the final grading and street construction of Oak Bluff 1st Phase subdivision as being developed by Nedegaard Construction and Delserve, Inc., in the North 1/2 of NW 1/4 of Section 26 32 24 as presented. subJect to receiving easements for the sewer proJect going on in the area. (See Resolution RI08-88) Motion carried unanimously. Regular City Council Meeting June 7, 1988 - MInutes Page 15 KENSINGTON ESTATES III FINAL PLAT MOTION by Ape I, Seconded by Knight, a ResoJution approving the FinaJ Plat of Kensington Estates as being developed by Jerry and CaroJ Windschitl In Section 27. Township 32, Range 24, as presented. (See Resolution RI09-88) Motion carried on a 3-Yes, I-Present (EI ling) vote. ORTTEL LOT SPLIT Acting Mayor Orttel requested tabling this item to the next regular meeting. Counc i I agreed. TONS ON TIRES Fire Chief Bob Palmer showed photographs of the area which seemed to indicate there are more tires on the site now then there was before. He stated no shredded tires are leaving the sIte because the loader is broke down. d'Arcy Bosel I, Zoning Administrator, reviewed her June 7 memo regardIng her inspectIon of the sIte on June 3. She estimated approxImately one-fourth of the tires have been removed from the sIte: however, accordIng to the State, substantIaJIy more than that has been removed. Two grids have been completely cleared and the third grid is three to four days away from beIng completed. She explained Tonson cul]s tires from other areas. but they on1y get paid for the Increments that they need to fInish. One of the problems Ms. Bosel I saw was the considerable amount of oversized tires that have accumulated along the perimeter of Site 2 and along the 33-foot easement along the east side of the property. Ceci I Heidelberaer - stated tires are not cul1ed out of the o]d pile at a1 J , only cuI ling out of the fresh tires that come In. Ms. Bosell disputed that, stating she has seen it herseJf on the site. M.. Schrantz stated he was on the site for the first time Jast week and observed there Is no way to secure the boundaries to prevent unwanted deposits from occurring. He noted there Is also a ]argepile of tires accumulating at Andover Auto Parts Counc i I discussed what is taking place there and what course of action should be taken. They were also disturbed about the biocked fire lanes and the tires accumulating at Andover Auto Parts and behind M. R. Olson's. Counc i ] suggested Ms. Bosell notify any property owners where tIres are accumulating by regIstered mal} to have those ti res removed within five days. Ms. Bosell requested the Council visit the site. Regular City Council Meeting June 7, 1988 - MInutes Page 16 (Tonson Tires, Continued) M.. Heldelberaer - said the State of Minnesota has said they are going to close him down because his payroll tax is not paid. He thought it was Waste Management that was In control of tI res, not the City. He said Tonson keeps hauling tires in and has about 100.000 tires in the front: but when he owned it, he couldn't have any tires in the front end. He asked about Tonson's Ilsence, thinking it was past due. Counc i I noted Tonson was licensed the first of the year; the County's license is July 1. It was agreed to discuss this again at the next meeting on June 21. also asking for current information from the State, County, Deputy reports, permitted hours of operation, etc.. on this matte.. A suggestion was also to inspect the site on a weekly basis. MOTION by Ape I . Seconded by Orttel, that we table this until the next regular meeting. Motion carried unanimously. FIRE DEPARTMENT/HOUSE BURN MOTION by EI ling, Seconded by Knight. that we authorize the Fire Department to burn the house at 2732 Bunker Lake Bouievard. Motion carried unanimously. RENEW KENNEL LICENSE/P. PR lOR MOTION by Knight. Seconded by Apel, to renew the Kennel License for Penny Lane Cairns, owned by Penelope Prior. ( 17041 Crocus Street NW) Motion carried unanimously. BUILDING INSPECTOR Building Official Dave Almgren recommended the hiring of Donald Olson at a beginning wage of $11.25 an hour, with an increase to $11.75 per hour at the end of a satisfactory 6-month probationary period. MOTION by Elling. Seconded by Knight, that we authorize the hiring of Mr. Donald Olson for a starting salary of $11.25 per hour for the first six months in the Building Department as a Building Inspector. Motion carried unanimously. ASSESSMENT ABATEMENTS MOTION by Knight, Seconded by Ape], to abatement the special assessments on the Conroy property, PIN 33 32 24 11 0018. Motion carried unanimously. Regular City Councl] Meeti ng June 7. 1988 - Minutes Page 17 MOTION by KnIght. Seconded by Apel. to abate the special assessments on the tax forfeit parcel in the Russel-Stack AdditIon. PIN 12 32 25 34 0027. Motion carried unanimously. Counc i 1 noted the assessments should be included In the cost when the lot is sold. ORDER PLANS & SPECS/NORTHWOODS TENNIS COURT MOTION by Knight. Seconded by Ell ing, to order the plans and specs for the Northwoods Tennis Court. funds for any construction to come from the Park Budget. Motion carried unanimously. NON-DISCUSSION ITEMS John ROdeberg, TKDA, asked to delete final payment for ProJect 87-6. MOTION by ApeJ, Seconded by Elling, that we approve the items as follows: 7b, 7e, 7t, 7g, 7h. 71, 7j. 71, and 7m as presented, removing the 87-6 proJect. (See the fol lowing Resolutions: RI10-88: Award Bid,'Water and Sewer, 14500 Round Lake Boulevard,' 88-4 Rlll-88: Award Bid,'Kenslngton Estates East/88-6 Rl12-88: Award Bld,'Brandon's Lake View Estates/88-7 RI13-88: No Parking/Tulip from CRd 20 to 161st Ave Award bid for grading of Oak Bluff to North Pine Aggregate for $4,050 R114-88: Final Plat/Brandon's Lakeview Estates Right of Way Acquisitions for ProJect 87-11, 87-7, and 88-1 per Attorney's Jetters of Mal' 11, Mal' 23, and Mal' 25, 1988 R115-88: Receive Feasibility/Order Public Hearing/Universlty/ 88-15 (set for July 5 by subsequent motion) R116-88: Accept Work/Final Payment/164th Lane east of Round Lake Boulevard,'88-7 Rl17-88: Accept Work/Final Payment/NightIngale Estates/86-12 Rl18-88: Accept Work/Final Payment/Hi I Is of Bunker Lake Phase 1/ 87-2 R119-88: Approve Plans & Specs/Oak Bluff 2nd,'87-21 RI20-88: Approve Plans & Specs/Tulip Street/88-9 R121-88: Approve Plans & Specs/UniversIty Ave/88-10 R122-88: ReceIve FeasIbility Report/Creekhaven/88-13 R123-88: Receive FeaslbiJity Report/Old Colony Estates/88-8 Motion carried unanimously. DEC~RE ADEQUACY OF PETITION/UPLANDER MOTION by Elling, Seconded by Apel, a Resolution del caring adequacy of petition and ordering preparation of a feasibility report for the improvements of street construction, Project No. 88-14 in the Uplander Street south of 161st Avenue area. (See Resolution R124-88) Motion carried unanimously. Regular City Council Meeting June 7, 1988 - Minutes Page 18 APPROVE JOINT POWERS AGREEMENT/HAM LAKE MOTION by ApeJ, Seconded by Knight, that we approve the Joint Powers Agreement since Bill (Hawkins) has revIewed It. Moti on carL i ed unanimously. PUBLIC HEARING DATE/88-10/UNIVERSITY AVENUE MOTION by El ling, Seconded by Apel, to set the date of the public hearing for University Avenue for July 5. Motion carried unanimously. STAFF/COMMITTEE/COMMISSIONS MOTION by Knight, Seconded by E11ing, to move the following to the work session on Tuesday: 6a, Handout Discussion with Administrator: 6c, Park Board/Approve Expenditure for Comprehensive Plan. Motion carried unanimousJy. CHANGE ORDER/PROJECT 87-27 Mr. Schrantz explained Woodland has a contractor that has bid good prices, and they would like to do the next addition with a change order rather than biddIng again. Mr. Rodeberg explained it would be 48 Jots in the next phase done by change order of approximately $125,000. S. J. Louis would Just do the utiJities, which would not go over the 25 percent J Imi t: then bid out the streets separately. Attorney Hawkins felt the only problem Is that amount will not be included in July 5 bond issue sale. He suggested possibly there will be another bond Issue in the fa I I for other proJects. MOTION by Apel, Seconded by OrtteJ, that we authorize the Change Order as recommended by our Engineers in vIew of the fact that they claim that this has to be done and It will save a significant amount of monel': ProJect 87-27 in the amount of $125,000. Moti on carr i ed unanimously. APPROVAL OF CLAIMS MOTION by Apel, Seconded by Knight, that we approve the vouchers from Number 14638 to 14739 In the amount of $934,906.72. Motion carried unanimously. MOTION by Knight, Seconded by Apel, to adJourn. Motion carried unanimousJy. Meeting was adJourned at 11:17 p.m. Counc i J agreed to ca I I a work session for June 14. Respectfully submitted, ~\)~"-~~- ~L Marc ~la A. Peach, Recording Secretary