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HomeMy WebLinkAboutCC December 18, 1990 CA CITY of ANDOVER Regular City Council Meeting-December 18, 1990 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Certificates of Appreciation Discussion Items 1. Public Hearing/90-25/Metropolitan Mosquito Control 2. Ordinance 29 Amendment/Diseased Trees 3. Ordinance 44 Amendment/Junkyards 4. Lot Split/J. Mengelkoch 5. Award sale/Certificates of Indebtedness 6. Cedar Hills River Estates 3rd Sketch Plan 7. Approve 1991 Sheriff's Contract Staff, Committee, Commission 8. Recycling update 9. License Approval/Speedy Market 10. Rescind Resolution/Hidden Creek East 2nd Final payment 11. Award Bid/Sewer Cleaning Machine 12. Authorize purchase/Meter Reading Equipment 13. Renew P&Z Contract/Peach Associates 14. Authorize Purchase of Radios/Fire Dept. Non-Discussion items 15. Timber Trails plat Extension 16. Receive November Financial Statements Adjournment - ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING December 18. 1990 The regular bi-monthly meeting of the Andover City Council was called to order by Mayor Jim Elling on December 18, 1990, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Knight, Perry, Orttel, Jacobson Others present: City Finance Director, Howard Koolick; City Attorney, William G. Hawkins; Assistant City Engineer, Todd Haas; City Administrator. Jim Schrantz; City Planner, Dave Carlberg; Zoning Administrator, D'Arcy Bosell; Public Works Supervisor, Frank Stone RESIDENT FORUM Carl Abbott, 2917 N.W. 142nd Lane, Andover, addressed council with a letter in regard to a railroad crossing and will be back at a later date for discussion and further action. AGENDA APPROVAL It was agreed to add the following items to the Agenda: Item 12a, Computer Software; Item 14a, Roessler Lot Sale; and Item 17, Advertise for Vacated Council Seat. MOTION by Jacobson, seconded by Perry to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES MOTION by Perry, seconded by Knight. to approve the minutes of the December 4. 1990 Regular Meeting. the December 4, 1990 H RA Meeting and the December 6, 1990 Budget Meeting. Motion carried unanimously. Regular City Council Meeting Minutes - December 18, 1990, Page 2 CERTIFICATE OF APPRECIATION Councilmember Jacobson presented certificates of appreciation for dedicated service to Mayor Jim Elling and Councilmember Mike Knight PUBLIC HEARING/90-25 METROPOLITAN MOSQUITO CONTROL Mr. John Davidson, TKDA, presented information concerning the watermain expansion project for the Metropolitan Mosquito Control District building, which is located on Anoka County property. Two other bodies are inyolved in the decision- making process: the Metropolitan Mosquito Control Board and the Anoka County Board. Mr. Dayidson projected a map showing the location of Project 90-25 along the south side of Bunker Lake Boulevard. Mr. Davidson indicated that the estimated project cost is $26,770 which includes construction cost, watermain and restoration. Engineering, administration and legal costs would make a total estimate of the project to be $37,500. A unit price contract would be utilized. The final cost would be based on bids received on a competitive basis. In addition to the actual cost of improvement, the city would have a share of the cost of over-sizing the lO-inch main in the amount of $3,833 and would require them assessing the county $33,666 of the cost. Since this is other than residential property the area, charge is based on $992/ acre; the connection charge is based on a commercial rate of $5,382/acre. Therefore, the cost of the county parcel, over 3.2 acres, leased by the Metropolitan Mosquito Control District would require an acre charge of $3,174; a connection charge of $17,222; lateral cost of $33,666 for a total of $54,063 assessed to the county. Mr. Richard Gager, engineer for the building expansion work for the Metropolitan Mosquito Control District, stated that Chapter 38 of the building code requires their expansion to have a sprinkler system. An on site retaining system with well/tanks would probably not be a reasonable or environmental way to approach the problem. He was hoping that the connection charge would be at a lower rate or waived_ Because the Metropolitan Mosquito Control Board meets on Thursday, December 20, and the Anoka County Board meets after the first of the year, Mr. Gager suggested that the hearing be closed, but the final action and authorization of engineers to make drawings and obtain bids be postponed until the council's January meetings. This would also enable the other boards to review the report. Regular City Council Meeting Minutes - December 18, 1990, Page 3 MOTION by Knight, seconded by Jacobson, to aI/ow the process to continue by holding open public 1u!arings and to obtain additional input from the county_ Motion carried unanimously. ORDINANCE 29 AMENDMENT/DISEASED TREES Becky Pease of the Planning and Zoning Commission, stated that the commission acknowledges the need for a diseased shade tree program but couldn't resolve the problem because of lack of funding. The county will purchase at least one vibrating plow, but criteria has to be met in order to use it. Dave Carlberg, City Planner, invited two guests, David Stevenson, Plant Health Specialist from the Department of Agriculture and a representative from the Environmental Center in 5t. Michael, to answer questions. Mr. Carlberg felt that Planning and Zoning had basically implemented two changes to the ordinance: a creation of a tree board or tree commission and the use of public funds (municipal taxation) for abatement of trees on private property. Mayor Elling noted that residents of Andover, howeyer, "oppose the use of public funds generated by municpal taxation for disease abatement procedures on private property as specified in the proposed amendment" and had submitted three pages of signed petition (about 75 signatures) to the city council on December 1, 1990. In the past, the Andover tree expert has been available to residents for consulting; subsequently, the residents wouJd pay for any service required. Discussion has been entertained in the council about lack of general contractor practices in containing diseased treees. Mayor Elling felt the city could be doing things to help abate problems in this area. Mr. Carlberg said it was hoped that the tree commission would help alleviate the problem. Dave Stevenson, plant health specialist, felt that the problem in controlling epidemic of diseased trees is due mainly to miseducation and contractors. He expressed that most of the damage is due to root compacation and that the majority of oak wilt spread is due to new construction. He thought a solution might be in having a forester help a contractor in house placement. Other communities have lot inspection done on property and charge fee to the builder or home owner. Councilmember Orttel spoke about a "timing prevention", that is, altering schedules of projects when trees are most susceptible (mid April to June). He also cited high costs, which he considered a determent in having diseased trees removed. Mr. Regular City Council Meeting Minutes - Dccember 18, 1990, Page 4 Stevenson said that both prevention and control are important in sites of development. Councilmember Orttel thought that damage caused by developers should be financed by developers rather than at public expense. Councilmember Knight cited interest in enacting a strong policy to hold people accountable, along with the development of educational handouts available to builders before excavating a homesite. Mayor Elling thought it would be beneficial to have a publication handout available to new residents and perhaps even make it a requirement of the building permit. The idea would be to educate the public about risks involved in house site or construction techniques to lessen disease. Councilmember Jacobson suggested having some sort of ordinance dealing not just with contractors, but anyone who builds in order to contain damage; permit by ordinance to give information to the ultimate purchaser of property; one to one replacement of trees; and tree planting project on a massive scale. Council member Perry also felt that education was important and that existing literature should be delivered to homeowners. She would like to explore creation of a commission with the idea of having yolunteers to identify diseased trees. Mayor Elling suggested creating a tree commission or board to work with Ray; amend the existing ordinance to allow the tree inspector to inspect, tag and remove trees; and to instigate restriction on new building permits, involving building inspecting department. Larry Carlson, contractor, expressed that although big equipment operators were careless, drought was also responsible to a large loss of trees. He said his policy is to consult with experts to help with planning the building site. MOTION by Jacobson, seconded by Perry, that the city council authorizes the establishment of a city tree commission, which will consist of seven members, citizens or residents of the city, and they shall be appointed by the Mayor with the approval of the council; and the term shall be staggered and they shall serve without compensation; the tree commission will work with the tree inspector to establish rules. standards and regulations which they believe will help alleviate the problem of diseased trees in the city and bring those recommendations back to the city council for action.. In discussion, the council decided to add to the motion, to autharize advertising for the members of the commission.. Motion carried unanimously. MOTION by Knight, seconded by Jacobson. to instruct the building department to distribute information about diseased trees along with the Rcgular City Council Meeting Minutcs - Dccembcr 18, 1990, Pagc 5 building permit so that every new home owner or builder gets the information. Motion carried unanimously. ORDINANCE 44 AMENDMENT!JUNKYARDS Becky Pease reported that change in the ordinance was mostly in consistency in height of fence and to update the wording. A change throughout is from "junkyards" to "automotive recycling yards and/or junkyards and dealers". Councilmember Jacobson questioned the meaning of "security fence" in 1.6 and 5.1 and the origin of a "automotive recycling yard" and the inclusion of 6.3 (referring to past dates). Mr. Hawkins agreed that there was no purpose served in referring to the old dates and urged deletion of such. Council member Grttel questioned the wording in the last sentence in paragraph 5.1. Mr. Hawkins suggested it read: "Where junk is piled, stacked or stored the height of such junk shall not exceed the height of the fence." Council member Jacobson questioned 4.7 "approved manner", wondering if notation should be made of stature that says how it should be done. Residents addressed the ordinance. JoAnn Wilbur expressed concern about rack of Best Auto Parts being higher than 6 feet; Mr. Carlberg said that in that situation, the fence could be 12 feet in that area. She also was concerned about the "applicant" not being the owner. Another resident (Sue) of 1440 Jay Street was concerned about "area should be enclosed by uniform color wall", not a specific material specified for commercial property. Mr. Carlberg explained that the Andover Auto Body fence facing her property, is a possible alignment for Commercial Boulevard and any fence installed might have to be remoyed. Councilmember Orttel asked if it might be better to put in the ordinance that materials have to be approved by the city or properly maintained. This resident also felt that a solid secure fence would be desirable so gate only could be used. Mayor Elling suggested that the right of way be established now so that it is known where the fences go. The owner of Andover Auto Body was cooperative with the city, but did not wish to move a fence once it was established. Grace period for the ordinance is July 1, 1991. Mr. Carlberg stated that he hoped to have inspections done more often. MOTION by Perry, seconded by Knight, to introduce Ordinance 44 as written with the exception on page 4, the words "stacked or stored junk" be changed to "the height of such junk"; on page 5, the second paragraph section 6.3 should be removed. Councilmember Jacobson also suggested that on page 4, Regular City Council Meeting Minutes - Dccember 18, 1990, Page 6 paragraph 5.1 (b) "Such living fence shall be planted by May 1.1982" should be removed. He also questioned the bottom of page 6.10.1, "Ordinance shall have a period of ninety days after such effective date to comply with provisions of this Ordinance." and 10.2 which refers to July 1, 1991. Ms. Bosell clarified the questions by stating that 10.1 applied to the whole ordinance and 10.2 applies only to fencing. Further discussion to the motion: Councilmember Orttel questioned 1.2 that does not define automobile parts for resale as "junk". it was suggested changing it to "motor vehicles, in whole or part..... " and added to the motion. Motion carried; 4 yes 1 no, Mayor Elling opposing. Mayor Elling requested that the minutes show that Councilmember Jacobson left at 9:40 p.m. LOT SPLIT /1. MENGELKOCH MOTiON by Knight, seconded by Perry, to accept the Resolution at 26 Constance Boulevard for a lot split as presented. (See Resolution RI76-90) Motion carried on a 4 yes, 1 absent (Jacobson) vote. AWARD SALE/CERTIFICATES OF INDEBTEDNESS MOTiON by Knight, seconded by Orttel. to accept the resolution to award the sale of the 1990 Certificates of indebtedness as presented. (See Resolution RI77-90) Motion carried on a 4 yes, 1 absent (Jacobson) vote. CEDAR HILLS RIVER ESTATES 3RD SKETCH PLAN Todd Haas presented information about the sketch plan. Council member Oruel expressed concern that the developer was to eliminate all variances that may arise when the preliminary plat is designed. MOTiON by Knight, seconded by Perry to accept Cedar Hills 3rd Sketch Plan. Motion passed on a 4 yes, 1 absent (Jacobson) vote. Regular City Council Meeting Minutes - December 18, 1990, Page 7 TIMBER TRAILS PLAT EXTENSION MOTION by Knight, seconded by Perry, to grant an extension for a period of six months for Timber Trails. Motion passed on a 4 yes, 1 absent (Jacobson) vote. APPROVE 1991 SHERIFF'S CONTRACT MOTION by Knight, seconded by Orttel, to approve the Law Enforcement Contract for 1991 in the amount of $394,378.00. Motion passed on a 4 yes, 1 absent (Jacobson) vote. RECYCLING UPDATE Cindy DeRuyter gave a recycling update, reporting about $5,000 left in the 1990 budget. MOTION by Orttel, seconded by Knight, for council to authorize the remaining budget funds from the recycling budget in amount of approximately $5,000 be designated to purchase more recycling bins. Motion passed on a 4 yes, 1 absent (Jacobson) vote. Mayor Elling suggested to continue advertising the oil drop-off in the paper. Ms. DeRuyter thanked the council for supporting the recycling program. Mr. Koolick called attention to the fact that the general fund budget did not include an amount for recycling. MOTION by Knight, seconded by Perry, to continue the funding for the position on the recycling program. Motion passed on a 4 yes, 1 absent (Jacobson) vote. LICENSE APPROVAL/SPEEDY MARKET MOTION by Knight, seconded by Perry, to approve the 1991 cigarette and off-sale non-intoxicating liquor license for the Speedy Market. Motion passed on a 4 yes, 1 absent (Jacobson) vote. Regular City Couneil Meeting Minutes - December 18, 1990, Page 8 RESCIND RESOLUTION/HIDDEN CREEK EAST 2ND FINAL PAYMENT MOTION by Knight, seconded by Perry, to rescind resolution 109-90 for project 89-17 Hidden Creek East 2nd Addition. (See Resolution R178-90) Motion carried on a 4 yes, 1 absent (Jacobson) vote. A WARD BID/SEWER CLEANING MACHINE Mr. Frank Stone informed the council that the bids were less than estimated. MOTION by Knight, seconded by Perry to authorize Frank Stone to take the bid from from Flexible Pipe Tool Company for a total cost of $29.975 which includes mounting and painting. Motion passed on a 4 yes, 1 absent (Jacobson) vote. AUTHORIZE PURCHASE OF METER READING EQUIPMENT Mayor Elling clarified that this is a budgeted item. MOTION by Perry, seconded by Knight, to approve authorization of meter reading equipment from Water Products Company for a total of $8,760. Motion passed on a 4 yes. 1 absent (Jacobson) vote. COMPUTER SOFTWARE PROGRAM Mayor Elling said he understood that the Fire Department would like to get some of their rigs on this, too, and therefore, some of this cost should be borne by the Fire Department's budget. Councilmember Orttel suggested that Public Works could be reimbursed later, as Frank Stone has not been able to contact them. Frank Stone said this software program could handle up to 50 vehicles; Public Works has 41 pieces of equipment. MOTION by Orttel, seconded by Knight to authorize expenditure of $1,350 for Public Works Department to purchase a computer software program to control maintenance on the vehicles. Motion passed on a 4 yes, 1 absent (Jacobson) vote. Rcgular City Council Meeting Minutcs - Decembcr 18, 1990, Pagc 9 RENEW CONTRACf /PEACH ASSOCIATES As noted, the only change in the contract is an increase in the cost per page of minutes from $6.25 to $6,75. MOTION by Orttel. seconded by Knight, to renew the contract with Peach Associates for recording services based on the contract submitted on December 18, 1990 and authorizing the mayor to sign it. Motion passed on a 4 yes, 1 absent (Jacobson) vote. AUTHORIZE PURCHASE OF RADIOS/FIRE DEPARTMENT Fire Chief Glenn Smith presented the proposal sheets which included items approved by the bond. He suggested using any monies left in the 1990 budget for this proposal instead of using bond money. MOTION by Orttel, seconded by Perry, to authorize purchase of radio equipment as described in the summary sheet for a total dollar cost of $27,776.65 through the State Fire Consortium contract, proceeds to come out of the bond fund. Motion carried on a 4 yes, I absent (Jacobson) vote. ROESSLER LOT PURCHASE The council reviewed the request of Kent Roessler to purchase two lots in the Andover Commercial Park. The proposed purchased price is $.45/square foot; the city's current price is $.65/square foot. Council decided to offer $.55/square foot. Councilmembers expressed some concern over what would be located on these lots. The Economic Development Committee will see if the proposed development is compatible with the park. RECEIVE NOVEMBER FINANCIAL STATEMENTS MOTION by Perry, seconded by Knight, to receive the November financial statements for the General, Water and Sewer Funds. Motion passed on 4 yes, 1 absent (Jacobson) vote. Regular City Couucil Mectiug Miuutes - December i8, 1990, Page 10 ADVERTISE FOR COUNCIL VACANCY SEAT AS OF JANUARY 1,1991 MOTION by Orttel. seconded by Perry to authorize council to advertise in the local newspaper and TV for filling the vacant council seat as of January 1, 1991. Motion passed on a 4 yes, 1 absent (Jacboson) vote. APPRO V AL OF CLAIMS MOTION by Perry, seconded by Knight, to approve the schedule of bills as amended December 14, 1990 for $376,177.27. Motion passed on a 4 yes. 1 absent (Jacobson) vote. Councilmember Knight requested continuing on the Economic Development Committee. MOTION to adjourn by Councilmember Perry. seconded by Knight. Motion passed on a 4 yes, 1 absent (Jacobson) vote. Meeting adjourned at 10:35 p.m. Respectfully submitted, .J:::;/1(J;Y) p k/V}1~A/ Karen Plummer, Recording Secretary