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HomeMy WebLinkAboutCC October 4, 1988 .~ - CITY of ANDOVER .~\ Regular City Council Meeting - October 4, 1988 - Agenda 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Noise Ordinance Violation b. Larry Braun Special Use Permit c. Lot Split/Adler d. Dreher Special Use Permit e. ISD 15 Bond Issue f. Oak wilt problem/Anoka Cty. Ext. Service g. Holm/Raudio Discussion h. High Risk Sexual Conduct Ordinance i. Police Department Discussion j . Multi-Family Zoning District k. 5. Staff, Committee, Commission a. Award Contract/Hawk Ridge Park Hockey Rink b. Amend Council Ordinance c. Approve Election Judges d. Emergency Vehicle Signal Control 6. Non-Discussion Items a. Certify Delinquent utilities b. Receive Feasibility/Sidewalk/Gladiola & Heather c. Award Bid/Fox Meadows Park d. Receive Petition/Woodland Terrace Street Lights e. Approve plans & Specs/Bent Creek Est. f. Final Plat/Bent Creek Estates g. EAW Determination/Old Colony Estates h. presentation/Andover Commercial Park i. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment ~ - ,. 'CA. CITY of ANDOVER .' 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 , - - REGULAR CITY COurJCIL HEETIIJG - OCTOBER 4. 1988 !1 !!JUTES The Regulae Bi-Monthly !1eetlng of the Andover City Council was called to order by Mayor JerLY Windschitl on October 4. 1988. 7 : 30 p. m. . at the Andover City Hall. 1685 Crosstown BoulevaLd NW. Andover. Minnesota. Counci Imen present: Ell ing, Knight. Orttel Councilman absent: Apel Also pLesent: City Attorney, Wi Illam G. Hawkins: TKDA Engineer, John Rodeberg: Assistant City Engineer. Todd Haas; Pub! ie Works Supervisor. Frank Stone; Ci ty Administrator. James Schrantz; and otheLs AGENDA APPROVAL It was suggested the fol lowing items be added to the Agenda: 4k, TKDA Water Study: and 41. Amendment to Nuisance OLdinance. MOTION by Orttel. Seconded by EI ling. approval of the Agenda as amended. Motion carried unanimously. NOISE ORDINANCE VIOLATION Mr. Schrantz stated the MPCA has not been able to obtain a decibel Leading on the banger used by the Bennett's to keep the deer out of their fields. When the PCA representative went out theLe this mOLning, the bangeL was not opeLating. He stated he has not talked to the Bennetts as to whetheL they would be willing to Lun the ban geL to have i t tested to see if it exceeds the noise 1 imi ts set forth in the oLdlnance. M.. SchLantz said the noise seems to tLavel along the valley to the nOLth and east. He didn't know if anyone aCLOSS the street fLom the Bennetts on Tu! ip has complained. Mrs. Dehn - north of the Bennetts, explained the noise is only during the prime growing season in the summeL. The bangeL is necessary to keep the deeL out of theiL CLOPS and has been sanctioned by the DNR. There are otheL alteLnatives. such as fencing; but the use of the banger is the most safe and beneficial. AnotheL farmeL in Cottage Grove have 30 of them going and has received no complaints. She noted the damage done by the deer in the pumpkin and caLLot fields. stating in normal years they can absoLb the loss. But this year they are unable to because the pLoblem with deer is worse and because of the dLough t . Mrs. Dehn didn't know whether they weLe thLough using the banger for the season. as there has been a fLost, and again noted It is only used dULing the summeL months. She didn't know whetheL the Bennetts would be wi! ling to run the banger to get a decibel reading. ~-- Regular City Council Meeti no October 4. 1988 - Minutes Page 2 (Noise Ordinance Violation. Cont Inued) AfteL discussing the options. Councilman Ortte1 suggested Mr. Schrantz contact the owners of the bangeL to arLange tor a testing by the PCA to determine the decibel reading ot it. MOTION by Knight. Seconded by EI ling, to so move. Motion carried unanimous1y. LARRY BRAUN SPECIAL USE PERMIT MOTION by Elling, Seconded by Knight. a Resolution apPLoving a Special Use Permit for Larry BLaun to allow the structure at 2722 134th Avenue NW to be continued to be used as a duplex in an R-4 District. as peesented. (See Resolution R243-88) Motion caeLied unanimously. LOT SPLIT/ADLER MOTION by EI ling, Seconded by Knight. a Resolution as pLesented denying the lot split Lequested by Tom and MaLlene Adler tor propoeLty at 1480 AndoveL Bou1evaLd. (See Resolution R244-88) Motion carried unanimousJy. DREHER SPECIAL USE PERMIT MOTION by Oettel. Seconded by EJ ling. a ResoJution appLoving a Special Use PeLmit requested by Drehee and Associates tOL the installation of gas tanks and motoL fuel pULsuant to Oedinance 8. Section 4.26 and 7.03 at the propeLty known as Outlot A of Hidden Creek 2nd Addition. (See Resolution R245-88) DISCUSSION: Mayor Windschitl expressed concern that the deainage be caeeful II' looked at to be SULe it does not impact the propeLty owners to the south. M.. Rodeberg stated he wasn't invol ved wi th the Corps mi ti gati on on this propeLty. but telt the ponding area is more than sufficient to handle the drainage. As proposed, the level of wateL should not raise as it goes through the back yaLds to the south. Me. Haas explained the developee is LequlLed to show the 10- and 100-year flood plains on the site plan. Council diLected the Staff to be aware of the conceLn foe the dLainage and to be SULe the storm sewer proposal in the site plan is adequate to hand1e the dLainage. Motion carried unanimously. Regular City Council Mee ti ng OctobeL 4. 1988 - Minutes Page 3 ISD 15 BOND ISSUE Dr. William Gaslln. SupeLintendent of School District #15. gave a presentation on the bond issue referendum to be held on OctobeL 18. He reviewed the five questions on the bal lot and the needs of the District and explained the building program and financial Implications to the residents for each proposal. OAK WILT PROBLEM/ANOKA COUNTY EXTErlSION SERVICE Dr. French of the University of Minnesota. gave a slide presentation showing the causes of oak wi I t and how it can be controlled. He pointed out the disease is the WOLst in Anoka County. but that it can be contLol led if the tLees are not wounded in Mal' and June and through trenching. He noted the importance of informing the people of what to do to control it. In further discussion with the Counc iI, D.. French noted the pine bores have kil led many pine trees this yeaL because of the dLough t. He also felt there wi I I neveL be a cure for dutch elm disease. but there aLe other strains of elm that are Lesistant to that disease that should be planted. Dr. French also explained they are tLaining foresters at the University to be of seLvice to the communities: and they are encouraging communities to take this issue seriously and to solve the oak wilt problem. He said he has a publication on the species of trees that can be planted. stating he would be wil ling to send a copy to the Ci ty Hall for their use. Jeanette Monear. Anoka County Extension Office - stated she has held meetings fOL City ForesteLs in Anoka County. but one pLoblem is those foresters often cannot attend because of theiL other responsibilities in the City. She stated M.. Sowada has done a good job in the City for the amount of time he has to be on the program: but she didn't think he had enough time to handle the number of calls that are coming in. The Extension is looking for communities to have a ful I-time or mOLe of a paLt-time foresteL to waLk with the Lesidents. She has also held meetings in various communities regarding the oak wilt problem. Ms. Monear then explained the cycle of the baLk beetle and why there was conflicting Leports as to what to do with the dead pine tLees. She stated those trees should be cut down and can be used for firewood this yeaL. Ms. MoneaL also noted the only way to el iminate the box elder bugs is to remove the box eldeL trees. The past two yeaLs have been very favorable for the box eideL bug population. Insecticide can be used on them, though I t wi 1 1 not eliminate the pLoblem because more wll I fly In. They aLe not harmful: they just pose a nuisance. Regular City Counci I Meeting October 4. 1988 - Minutes Page 4 (Oak Wilt Problem. Anoka County Extension Service. Continued) Dave Stephenson. Minnesota Department of Aaricul ture - stated their DepaLtment does have an oak wilt pLogram to ceLtify tree inspectors. He has worked with Mr. Sowada and is always available to come out. answeL questions. and lend technical assistance to the communities. In Levlewing Andover's oLdinances. he Lecommended the Council consider amending them to deal more specifical II' with oak wilt: as the existing ordinance tends to treat both dutch elm and oak wilt the same. He provided sample ordinances for Council consideration. Dr. French stated he has been working to present this to the State Legislature in an attempt to get funding for the State to buy the vibLatory plows. hire people to operate them. and shaLe them in the communities. M.. Stephenson stated they wil I be demonstrating the vibratoLY plow at the BunkeL Hills PaLk on OctobeL 18. and Senator Dahl wi I I be presen t. There aLe also private contractors that do nothing but use the vibratory plow and assist cities and propeLty owners. Counc i I agreed it would be helpful to have a vibLatory plow avai lable. which could be shaLed with other cities OL pLovided on a county OL state 1 eve 1. " Cedar Crest Estates - stated the Led oaks are dying of oak . wi 1 t on the west side, and it is spreading to theiL property 1 ine. She has been in contact with the City and found out some of that propeLty is owned by the City. They have arLanged fOL the trenching wi thin the next two weeks In the neighborhood. but they do not know what Lecourse they have on the adjoining pLoperty. Ray Sowada. TLee InspectoL. stated the City owns part of the lot. having a 30-foot easement over it. But they have not been able to find out who owns the remalndeL. M.. Stone stated they are working on the problem. Mayor Windschltl assured the residents that the City has an ob I i ga t i on to maintain its property and to take care of the problem. HOLM/RAUDIO DISCUSSION r1r. Rodeberg explained when the propeLty was platted by the City, they determined that it would be unfeasible to eradicate the bad soils in Outlot A to make it into a buildable lot. One of their concerns is the unstable soils. fearing the excavation of the peat would cause BunkeL Lake Boulevard to cave in. The lot had dLainage value. and they felt the cost to develop it would greatly exceed the benefit. Now Norm Holm and ALt Raudio have proposed purcashing that lot. excavating the peat. and f ill i ng i t to develop a bui ldable lot. It becomes mOLe feasible for them to do it because of the excess f i 11 from theiL Red Oaks 5th Addition plat directly aCLOSS the Load. Regular City Council Meeting October 4. 1988 - Minutes Page 5 (Holm/Raudio Discussion. Continued) M.. Rodeberg Leviewed the proposal to develop that lot. which would include extending the stoLm seweL I ine about 200 feet to drain into Lot 2. which is the Life Estate of MLs. SonteLLe. and to extend sewer and water services to that lot. He estimated the cost of uti lities to be approximately $16.000 to $18.000. Art Raudio - stated they though t theiL proposal might be feasible. though they are not sure about the Life Estate property of MLs. SonteLLe and whetheL that can be used. He was surpLised at the cost of the utilities. Mr. RodebeLg stated it includes the extension of the storm sewer 1 ine. but felt it could be reduced with the use of smalleL pipe. M.. Raudio - stated they would do al I the correction wOLk. providing it is feasible with al I the englneeLs and the county. and the CI ty would pay for the uti I i ties. AfteL spending the monel' to make it a bu i I dab I e lot. the object would be to get the lot on the market. Counc i I noted he would also be Lesponsible for any pLoblems with Bunker Lake BoulevaLd. Mayor Windschitl suggested the propeLty be sold to Mr. Raudio for $1 wi th the undeLstanding that he would do al I the soi] borings and soils corrections. subJect to the City's approval: and the City would help out wi th the utilities with the TIF funds as was done in all the otheL commeLcial lots. Councilman Orttel agreed. stating It will never be as feasible because of the availability of f i ] 1 fLom aCLOSS the stLeet. Also. he felt it is unsightly as i t Is: and a buildable lot would add a great deal to the CommeLcial Park. If it is not corrected now. he predicted it wi II remain as an unbuildable swamp. In the discussion that ensued. it was noted that befoLe anything is done. the county must be contacted because of the possible impact of the peat excavation on BunkeL Lake Boulevard and peLmission must be Leceived to use a portion of Lot 2. the Life Estate of Mrs. SonteLLe. fOL storm dLainage. MOTION by Orttel. Seconded by EI ling. that we table this item until the next Legu I aL Counc i I meeting to: 1> al low the AttoLney to contact the Life Estate owner on Lot 2. Block 1 about mOdifying the nOLtherly portion of that lot; and 2) to al low time for the pLoposed purchaser and,'or City Staff to contact the County Highway Department regarding the expansion plans in that aLea and the impact that any excavation on this pLopeLty would have on the existing facilities in the area. Motion caLLled unanimously. Counc i I recessed at 9:24; reconvened at 9:34 p.m. Regular City Councl I Meeting OctobeL 4. 1988 - Minutes Paç:¡e 6 RED OAKS 5TH ADDITION PLAT Mr. Rodeberg explained there are two cuI de sacs in the plat that aLe low because of their conceLn with having a proper slope to the back yards of those lots abutting the DNR wetland. As a result. the sani tary seweL 1 ine is only 5 1/2 feet deep on those cuI de sacs and wi 11 need to be insulated. However. there is sufficient f ill on site to raise those cuI de sacs two feet so the sewer lines would not need to be Insulated. Hp. needs Council permission to do so. but there would be steepeL slopes to those back yards. Counc i I aareed the policy is not to insulate pipe unless it is absolutely necessaLY. Because the fill is available in the plat. the Council directed that the cul de sacs in question be raised to avoid the need to insulate the seweL line and to allow the steeper slopes in the affected back yards. TKDA WATER STUDY Mr. Stone explained in the long distance tLavel water lines in the Hills of BunkeL Lake plat. some areas aLe getting some bacteria build-up because they are not able to inJect chlorine into that part of the system. He wi II have to draw wateL out of the system eveLY day to keep the chloLine up on this end. and there may be some added expense fOL this pLocess. He fe 1 t that will be corLected when Well 3 comes on I ine at the end of the month. The we! I is ready to go. but they aLe waiting fOL the motoL. He was told the motor is not in stock and needs to be shipped in. Mr. Rodeberg stated the contract called fOL the well to be on 1 ine last month. He stated he would check into the motor to see i f it cannot be deliveLed sooneL. Because the contractoL has gone beyond the date of the contLact. he fe It the contLactor should pick up any extLa expense in getting the wel I opeLatlonal as soon as possible and for any expense in keeping the system bacteLia free. Council agreed wi th Mr. RodebeLg's pLoposal. Mr. Stone also noted the City fai led the third quaL teL radon tests In the water. and the City needs to address that problem veLY quickly. Counc i I agLeed and briefly reviewed the authorization pLesented by TKDA to do a three-step pLocess on the Ladon abatement. MOTION by EI ling, Seconded by Knight, that we authorize TKDA to do the three steps shown in the Authorization Form on radon abatement. Motion carried unanimously. Counc i I then went into closed session with the City AttoLney to discuss the City's computer system and the Tonson ligitation. 9:55: Leconvened at 11:00 p.m. RegulaL City Council Meeting OctobeL 4. 1988 - Minutes Page 7 HIGH RISK SEXUAL CONDUCT ORDINANCE MOTION by OLttel. Seconded by EI ling, to apPLove the High Risk Sexua I OLdinance as written. Motion carLled unanimously. POLICE DEPARTMENT DISCUSSION MOTION by Elling, Seconded by OLttel, that we continue the Police Department discussion until the 11th of OctobeL, 7:30, Special Meet! ng. Motion carried unanimously. AMErmMENT TO NUISANCE ORDINANCE MOTIŒ1 by Knight, Seconded by El ling, an Ordinance amending Ordinance 72 to pLovide fOL pLohibition of depositing waste tires as presented. (Ordi nance No. 72A) Motion caLried unanimously. MULTI-FAMILY ZOnING DISTRICT Mayor Windschitl suggested this item be tabled to the special work session next week. MOTION by OLttel, Seconded by Knight, to so move. Motion caLLied unanimously. AWARD CONTRACT/HAWK RIDGE PARK HOCKEY RINK MOTIOn by Elling. Seconded by Knight. that we authoLize Ives EnterpLises, Inc. , with Option I I fOL $4,800 for awarding the contract to Hawk Ridge hockey Link. DI SCUSSION: Councilman EI ling stated the Park BoaLd has talked about I ighting and a free skating Link. He has looked into lighting and deteLmined It would be about $7.000 to $8,000 plus additional charges fLom AEC. He would write the specifications to go out for bid if that is agreeable. Marc McMul len. Park BoaLd Chairman. stated the Park BoaLd unanimously agLeed to lighting, though they did not know the costs. There Is about $10,000 Lemaining in this yeaL's budget. They have no plans fOL a warming house in Hawk Ridge this winteL. though an option would be to board up three sides of the existing shelter. Counc i I asked that all the costs for lighting be presented at the next meeting. Motion carried unanimously. RegulaL City Council Meeting October 4. 1988 - Minutes Page 8 AMEND COUNCIL ORDINANCE MOTION by Orttel. Seconded by Knight. Ordinance 66A. an Ordinance amending Ordinance No. 66. estab1ishing Lules fOL the oLganization and pLocedure of the City Council of Andover. Minnesota. as presented. Motion caLried on a 3-Yes. i-No (E1l ing) vote. APPOWT ELECTION JUDGES MOTION by Orttel. Seconded by EI ling. to so move. (See Resolution R246-88) Motion caLried unanimously. EMERGENCY VEHICLE SIGNAL CONTROL Councilman EI ling reported he talked with FiLe Chief Bob Palmer about this matter: and Chief Palmer has asked to have the item dropped because he could not Justify the cost. No Counc i I action was taken. NON-DISCUSSION ITEMS MOTION by OLttel. Seconded by Knight, that we approve Items 6a. b. c. d. e. f . and g. (See the fol lowing: R247-88: CeLtifying to County Auditor for collection, unpaid sewer and water user charges Receive feasibility for Sidewalk between Gladiola and HeatheL Award bid for Fox Meadows Park to Burt KLaabel ConstLuction. $13.942 R248-88: Declare adequacy of petition. ordeL pLeparation of feasibility Leport for street 1 ight construction. IP88-28. Woodland Terrace area. R249-88: Approve final plans and specs, ordeL adveLtisement fOL bid. IP 88-20. Bent Creek Estates R250-88: Approve final plat of Bent CLeek Estates R251-88: Need fOL Environmental Impact Statement fOL Old Colony Estates (EIS is not necessaLY) Motion carried unanimously. APPROVAL OF MINUTES July 12, August 2. SeptembeL 20 Regular and Special Closed. Setpember 27: CorLect as written. MOTION by Knight. Seconded by Orttel, approval of July 12 Special Closed Meeting. Motion carried unanimously. Re~ulaL City Council Meeting October 4. 1988 - Minutes Pa~e 9 (Approval of Minutes. Continued) MOTION by Knight, Seconded by El ling, appLoval of August 2 Minutes. Motion carLied on a 3-Yes, 1-PLesent (OLttel) vote. MOTION by Knight. Seconded by OLttel, approval of SeptembeL 20 RegulaL meeting. Motion carLied on a 3-Yes. I-Present (Ell ing) vote. MOTION by Knight. Seconded by Orttel, apPLoval of the Special Closed Meeting on September 20. Motion carLied on a 3-yes. I-Present (Elling) vote. MOTION by Knight, Seconded by Orttel, appLoval of the SeptembeL 27 Special Meeting. Motion carried unanimously. COMPUTER CONSULTANT REPORT MOTION by El ling. Seconded by OLtte], that we authorize Jim SchLantz and Jim Stern to have a talk with the AmeriData people to see what kind of agLeement can be Leached LegaLding computer pULchase. Motion carried unanimously. Jim Stern, Chapel Consulting, estimated it would cost about $1,000 to assist in bLinging the accounts payable and cash disbuLsements programs on line, thinking it would take about two weeks to do so. MOTION by Elling, Seconded by Knight, that we authorize Staff up to $1,000 to bring the computeL system and those two files up to speed -- accounts payable and cash disbuLsements. Motion carLied unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we authorize Checks 15314 to 15392 fOL $836,334.98. Motion carLied unanimously. SIDEWALK/GLADIOLA TO HEATHER M.. SchLantz estimated the cost to be $17,000 fOL a concLete sidewalk fLom Gladiola to Heather StLeet. It wi II have a significant impact on the area, especial]yon the nULseLY, because many trees wi] I have to be removed. The MSA requirement fOL sidewalks is that it be on a road that meets State Aid standards: and Bunker Lake BoulevaLd is not of suff icient design for the amount of tLafflc on it. Counc i I noted the uLgent need for the sidewalk. ask i ng tha t M.. Schrantz pursue the possibilIty of obtaInIng State Aid funding for It. They also asked that as many trees as possible be saved on both sides of the sidewalk. , - Regular City Council Meet i ng October 4. 1988 - Minutes Page 10 (Sidewalk/Gladlola to Heather. Continued) MOTION by Orttel, Seconded by Knight. that we accept the feasibility and diLect Staff to prepaLe plans and specifications fOL installation of a sidewalk being made of concrete at least 5 feet wide and to Letain as many tLees as possible upon the Loute from HeatheL StLeet east to Gladiola Street on the south side of BunkeL Lake Boulevard: and to bid the same. (See Resolution R252-88) Motion caLried unanimously. MOTION by EJ ling, Seconded by OrtteJ, to adjouLn. Motion carLied unanimously. Meeting adjourned at 11 : 30 p. m. Respectfully submitted. ~ ~> \\~~'ú-LQ4 ~ ; é,-<-" Mar ~lla A. Peach RecoLding SecLetaLY