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HomeMy WebLinkAboutCC November 6, 1990 CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - November 6, 1990 8:01 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/Vacation of Easement/Winslow Hills 2. Genthon Ponds SUP & Floodway Boundary 3. Genthon Ponds preliminary Plat 4. South Coon Creek Drive Sidewalks, Cont. 5. Scardigli Variance 6. Accept Petition for Water & Sewer/R. Sonsteby 7. Creek ridge Estates Street Lights 8. Rural Density policy Discussion 9. Ordinance 8 Amendment Staff, Committee, Commission 10. Classification of Fire & Rescue Personnel 11. Joint Powers Agreement/Fiscal Disparities 12. Fire Station 12/Eminent Domain Acquisition 13. Order Survey/Fire Station 12 14. Boundary Commission 15. Joint Powers Agreement/CDBG Fùnds 16. Fuel Useage Refund Non-Discussion Items 17. Receive Final SAC Report 18. Accept Petition for Water/Metro Mosquito Control 19. Amend Septic System Ordinance 20. Creekside Estates Escrow Refund 21. Award Bid/90-6/1950 Bunker Lake Boulevard 22. Approve CCO/90-5/Hidden Creek East 2nd Approval of Claims Adjournment " CA' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - NOVEMBER 6, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jim Elling on October 2, 1990: 8:01 p.m.. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson. Knight. Orttel, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins: Planning and Zoning Commission ChaIrperson, Rebecca Pease: City Planner, David CarJberg; City Zoning AdmInistrator. d/Arcy Basel I ; City Finance Director, Howard Koollck: CIty Assistant Engineer, Todd Haas; and others AGENDA APPROVAL It was agreed to add the following items to the Agenda: Item 9a, Coon Creek Watershed Letter. and Item 12a. Fire Station No.3 Site Selection. MOTION by Jacobson, Seconded by Knight, the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES October 16, 1990, Regular City Council Minutes MOTION by OrtteJ, Seconded by Jacobson, move approvaJ as wrItten. Motion carried unanimously. PUBLIC HEARING/VACATION OF EASEMENT/WINSLOW HILLS Ms. Bosell related the background of Gary Gorham's request to vacate the drainage and utility easement between Lots 3 and 4, Block 4, Winslow Hills, to allow for the construction of a home on those two Jots. No variance is needed regarding the size of both lots being used as one, and all public hearing notices have been published as legally required. Based on advice from the Building Official, the Resolution contans a provision that if the home is destroyed so as to require reconstruction at some future date, the sldeyard setbacks along the common lot Jlne would apply unless reconstruction were at the same location as originally constructed. This means no zero side yard Regular City Council Meeting November 6. 1990 - Minutes Page 2 (Public Hearing/Vacation of Easment/Winslow Hills, Continued) setback would be al lowed In the future. The Engineering Department also requested that if the street light should become a problem and needs to be moved. an agreement should be reached as to who pays for that expense. Gary Gorham - stated construction wil I begin tomorrow as planned if this is approved. He also talked to the home buyer. and they have no problem leaving the street I ight where it is. It will not be an issue. MOTION by Knight, Seconded by Orttel. the Resolution vacating drainage and utIlIty easements along the common Interior lot I ine of Lots 3 and 4, Block 4, Winslow Hills. adding that the property owner is responsible for all assessments on both lots. (See Resolution R152-90) DISCUSS ION : It was noted the water and sewer have already been assessed in the plat. and the addition to the Resolution is simply to clarify that the additional utility assessment Is to be paid by the owner. Mr. Gorham acknowledged they would pay for both sewer and water assessments. MOTION by Jacobson, Seconded by Orttel. to c]ose the public hearing. Motion carried unanimously. VOTE ON RESOLUTION: Carried unanimously. Hearing closed at 8:11 p.m. GENTHON PONDS SPECIAL USE PERMIT & FLOODWAY BOUNDARY GENTHON PONDS PRELIMINARY PLAT Mr. Haas reviewed the proposed amendment to correct the Floodway maps of Ordinance 50. The original maps were done using the USGS maps of 10-foot contours. The grading map is in increments of two-foot contours and the 100-year flood Is more easily IdentIfiable. This Item has not yet been reviewed by the Lower Rum River Water Management Organization. Mr. Haas stated he will present It to them at their next meeting: however. if the City approves it. it is basically the Watershed approving it as well. Counc II felt the preliminary plat should be discussed prior to the Special Use Permit, especially in light of the Planning Commission's recommendation to deny the plat. Mr. Haas agreed they go hand in hand. In its discussion, the Counc i I generally recalled that they were aware of the proposed variances at the time the sketch plan was brough t in several months ago. Because the City is requiring the dedication of University Avenue and in an attempt to preserve the wetland, the Counc i I acknowledged the need for variances at that time. They thought they had agreed to 12 lots on that parcel and that the developer was given that direction. Regular City Council Meeting November 6, 1990 - Minutes Page 3 (Genthon Ponds Special Use Permit. Floodway Boundary, Preliminary Plat. Continued) Discussion was on the future of University Avenue. Mr. Haas explained It wi II be maintained as Is done now only until the plat Is in: then the City would no longer maintain it. The Review Committee didn't think It would be feasible to extend University farther north because of the wetlands. To improve the area up to 177th would require obtaining easements on the Ham Lake side and would be done either with MSA funds or by assessing. Wi thout I t there is one Jot In Andover that is landlocked. Counc I ) generally agreed to require the easement for University Avenue at this time In case It is needed some day. Chairperson Pease summarized the Planning Commission's reasoning for recommending denial of the plat. that being their desire to eliminate all variances and preserve the wetlands. Mr. Haas explained the Review Committee tried to protect the natural features. so they moved the lot I ine of Lot 3. Block 1 to the north to protect a low area. That is the reason for the one variance. He was confident there were sufficient borings to be sure all floor elevations will be 6 1/2 feet above the high water table. AI I lots meet the 39,000 square-foot requirement as well. Kirk Corson. Developer - stated they had first proposed a PUD, then came back with a proposal of 13 lots. They have done everything they could to stay out of the wetlands. that being the reason the plat has only 12 lots in it. The reason for the Special Use Permi t Is to be able to cross the low area with the road and to correct the floordplaln maps. He has talked to the DNR and the Army Corps of Engineers. and both have given approval to the proposed plat. Mr. Haas noted the letter In the Council's packet from the DNR regarding the plat. MOTION by Jacobson. Seconded by Orttel. the Resolution prepared with one change. At the bottom of the Resolution there are three contingencies. add a fourth. and that approval is also obtained from the Corps of Engineers. (See Resolution R153-9U approving a Special Use Permi t to allow the placement of f i I I and to amend the General Floodplain boundary in Genthon Ponds) Motion carried unanimously. Discussion returned to the proposed preliminary plat, addressing the concerns of the Planning Commission. The general consensus of the Counc II was that the variances were reasonable, one being to allow for a road easement and the other to protect a wetland. again noting the developer had been directed to proceed with the 12 lots. MOTION by Orttel. Seconded by Jacobson. the Resolution presented as It Is written with the following changes: the Resolution would be to approve the pre]imlnary plat. and at the end of the two reasons for denial, change that to read "WHEREAS, the City Council is In Regular City Council Meeting November 6, 1990 - Minutes Page 4 (Genthon Ponds Special Use Permit, Floodway Boundary. Prel iminary Plat. MOTION by Orttel Continued) disagreement with the recommendation of the Planning Commission for the following .eason: The conditions in the plat requiring the variances were either SUggested by Staff and/or by the CIty Council as a protection of c.itlcal wetland areas and for the inclusion of additional right of way for University Avenue." In the last NOW, THEREFORE. BE IT RESOLVED, change the word "deny" to "approve." Add an addi ti ona I SUBJECT TO the compliance with all of the requirements set forth unde. the Special Use Permit on this property related to the floodplain. (See Resolution R154-90) Motion carried on a 4-Yes, l-No (Perry) vote. SOUTH COON CREEK DRIVE SIDEWALKS Mr. Haas noted the Council's directive to locate the sidewalk to save as many trees as possible. He suggested reducing the width of the sidewalk to three feet and having it be temporary, that is of bi tumlnous, unti I such time as the trees are dead or are dying. He did not know whether MSA funds could be used for a temporary sidewalk. He wi II also look at the possibility of using sidewalk removal needs in the future where funds are used for sidewalk removal and to instal I a new one. Counc II agreed, asking that a plan be submitted for Council consideration at the first meeting In December along with Information on MSA funding of temporary sidewalks. SCARDIGLI VARIANCE MOTION by Perry, Seconded by Knight, to discuss the Scardigli Variance. Motion carried unanimously. Mr. Carlberg reviewed the variance request of Ceserlna Scardlgll to construct a 26 x 48-foot accessory building encroaching 21 feet Into the front yard setback along 177th Avenue (CoRd 58) and the Council's actl on at the last meeting. Because of some confusion over the motion voted on, it has been asked that the matter be brought back before the Counci I. Councilmember Orttel hoped there was some reasonable solution to it. Because of the growing concern having to do with trees, he wondered if trees can be used as a condition of the land for granting a variance. If the CI ty is serious about protecting the trees, may be It should be made a condition for granting such requests. He thought it was the Attorney's opinion that trees can be considered as a reason for granting a variance. Regular City Council Meeting November 6. 1990 - Minutes Page 5 (Scardigl i Variance, Continued) Councilmember Knight stated his original reason for voting against the denial was because of the misinformation given to the applicant by Staff. A number of trees were taken down because of that misinformation given by the City. Mayor Elling agreed and was also concerned with the removal of additional trees. Councilmember Perry didn't agree with the fact that bad information was given because Ms. Scardigl i didn't follow the normal procedure of obtaining a permit before beginning any work. It was not until the proposal was drawn to scale and it was researched by Staff that the setback Issue was found. In the preliminary proposal, everything appeared to satisfactory. David Almgren. Building Official. outlined the sequence of events Jeading up to the discovery of the lot being on a county road. not on a city street as had been originally thought, and the need for a 60-foot setback from the centerline or section line. MOTION by Orttel. Seconded by Knight, introducing the Resolution to rescind Resolution No. R148-90. (See Resolution R155-90) VOTE ON MOTION: YES-Elling, Knight, Orttel: NO-Jacobson. Perry Motion carried. MOTION by Orttel. Seconded by Knight, the Resolution approving the variance request. Under the section with the No. 1 to be determined by the City Council, insert the following: that a hardship exists based on the following. that preliminary information given the appl icant for a building permit was inaccurate which caused the applicant to remove numerous trees from the property I n an ti c ipat Ion of putting the building on that site. And it is the feeling of the Counc i I that to cause the taking of additional trees to move the structure further to the rear would create an unnecessary hardship. (See Resolution R156-90) VOTE ON MOTI ON: YES-EI ling, Knight, Orttel; NO-Jacobson, Perry Motion carried. ACCEPT PETITION FOR WATER AND SEWER/ROSELLA SONSTEBY MOTION by Jacobson, Seconded by Knight, that the Ci ty Counci I receive the petition from Rosella Sonsteby generally for properties south and west of Round Lake described as the back of Shirley's Estates and along Seventh Avenue and direct the petition to the PJanning and Zoning Commission for consideration In the review of the Comprehensive Plan which is under way. DISCUSSION: Mayor Elling asked Staff to prepare a map outlining the properties involved In the Regular City Council Meeting November 6, 1990 - Minutes Page 6 (Accept Petition for Water and Sewer/Rosella Sonsteby, Continued) request. Discussion was on the proper procedure In handling this request. Counc i I generally agreed with the motion to have It be Included as part of the other requests being looked at when updating the City's Comprehensive Plan In terms of which Interceptor would service the land, when sewer would be available. how It wou I d be incorporated Into the ove~all plan for the extension of sewer In the futu~e. M~. Haas thought the Comprehensive Task Force would again be looking at the extension of utilities in December or January. Mr. Haas was asked to have the map of the affected pa~cels for the next Counc II meeting for Informational purposes. Motion carried unan Imousl y. CREEKRIDGE ESTATES STREET LIGHTS MOTION by Orttel, Seconded by Knight, the Resolution declaring adequacy of petition and ordering preparation of a feasibility report for the Improvements of street lighting. Project 90-24. In the Creekrldge Estates and surrounding area. (See Resolution R157-90) DISCUSSION: It was agreed the feasibility report would Include the entire area, including the area east of Coon Creek, noting areas can be deleted from the project at the time of the public hearing. Motion carried unanimously. RURAL DENSITY POLICY DISCUSSION Ms. Bosell Info~med the Council that FHA Minneapolis will no longer require Metropolitan Council approval before Issuing mortgages In the rural areas, meaning the 1/10, 4/40 ru~al density policy will no longer be a criteria for FHA mortgages. She also updated the Council on the developments to date on the proposals of the advlso~y committees studying the Metropolitan Council's Rural Se~vlce Area polley. noting the hearing on November 15 at which the City can state its position. Thel~ purpose Is to p~otect prime agricultural land. of which Andove~ and other north suburban cities have none. Recommendation #7 applies to Andove~ as an "Inconsistent community" because the City is already developed at a density of 1/8.6 acres: however, the City may have to institute several criteria relating to cluster development, annual well inspections, alternate on-site septic systems laid out on all rural lots, and transition areas. If Andover fails to comply with the rural density guidelines of the Metropo]itan Council, Ms. Bosell thought the 11WCC would not extend the City's MUSA line for expansion of the sewered a~ea of the City. Counc II discussed the various aspects of the proposed rural density policy and generally felt a transition area abutting the MUSA line Is workable. M~. Haas stated the Comprehensive Task Fo~ce Is looking at that. Regular City Council Meeting November 6, 1990 - Minutes Page 7 (Rural Density Polley Discussion, Continued) The Counc I I was frustrated at the proposed annual wel I Inspection. as the State is responsible for wells, not the City, questioning the Metropolitan Council's authority to regulate wells. Also, there Is no evidence that any sewer system has an Impact on deep wells in the City. The Building Official also noted that they already look at alternate on-site spetic locations even though It is not In the ordinance. There was some discussion on the proposal of clustering, Its impact and how It would be carried out. It was noted that that type of development would ~esult In a lower tax base fo~ the City and school districts because the preserved land would have a much lower value than a lot would since that land would be unusable. Ms. Bosell noted the advisory committees are also saying If clustering is allowed, the cities should be prepared to own and maintain the community septic system, which Is an addi tional expense to the cities. Counc I I asked that Ms. Bosel I keep them informed on the FHA mortgage issue. It was also agreed that Mayor Elling and Ms. Bosell would represent and be the spokespersons for the City at the November 15 public hearing on the rural density policy. ORDINANCE 8 AMENDMENT MOTION by Jacobson, Seconded by Knight, approval of Ordinance No. 8PPP as presented. Motion carried unanimously. COON CREEK WATERSHED LETTER Given the history of the Watershed's fiscal management, Counci Imember Jacobson was concerned about supporting their request to raise the ad valorum levy for ditch cleaning. Councllmembe~ OrtteJ felt that Is preferable to going through the redetermination of benefits again, that this Is much less costly to the residents and In the maintenance of the dl tches. It was agreed to table the item to the next meeting to allow time for Councllmember Jacobson to contact the Watershed about his conce~ns. Counc i I also asked that a letter of suppo~t for the request be prepared for their consideration at the next meeting. CLASSIFICATION OF FIRE AND RESCUE PERSONNEL Mr. Koollck explained the audlto~ has stated a preference to classlty the volunteer fire and rescue personnel as employe.es. In contacting Regular City Council Meeting November 6, 1990 - Minutes Page 8 (Classification of Fire and Rescue Personnel. Continued) various cities he found that some classify them as employees. others classify them as independent contractors as the City has done in the past. He explained the difference to the firefighters and rescue personnel is the kind of form they receive at the end of the year -- 1099 for independent contractors; W-2 for employees. He felt there was a great exposure to the City If they are classified as Independent contractors and the IRS decides they are employees. His recommendation was to declare the volunteers as City employees effective Immediately. It would not affect the operations of or the management of the fire department in any way. Fire Chief Glenn Smith personaJly felt it is difficult for some to absorb the taxes when a 1099 form Is given at the end of the year. The IRS told him he owed back taxes for the year 1987, though he was able to prove it was compensation for services rendered as a volunteer. MOTION by Perry, Seconded by Knight. that the City of Andover classify the City Volunteer Firefighters and Rescue workers as employees, and direct Staff to have the proper paperwork completed. effective immediately. DISCUSSION: Because they are employees, the individual checks would not need to be approved on the Schedule of Bi lis: they wi I I be paid with the next normal payroll. Moti on carr i ed unanimously. JOINT POWERS AGREEMENT/FISCAL DISPARITIES Counc i I debated whether or not to participate in the Joint Powers Agreement for representation on the fiscal disparity issue this next legislative session. On the one hand, it is difficult to find the finances because of the bUdget constraints and there Is some question as to the effectiveness of the lobby. But on the other hand, it is an important issue to the City that It should address. Mr. Koollck stated it is possible to use contingency funds from the 1991 budget and to amend the budget at the time of the budget public hearing. MOTION by Perry. Seconded by Orttel, that we look at amending our bUdget to include the $1.750 for our portion of the fiscal di spar i ti es and authorize the Mayor to sign the Joint Powers Agreement, Motion carried on a 4-Yes, i-No (Jacobson) vote. FIRE STATION #2 AND #3/EMINENT DOMAIN ACQUISITION ORDER SURVEY/FIRE STATION #2 Mayor Elling explained the negotiations for the purchase at the NW fire station seem to have stalled. To stay within the timetable, he recommended authorizing the attorney to begin eminent domain proceedings. He also noted there are funds In the bond issue Regular City Council Meeting November 6. 1990 - Minutes Page 9 <Fire Station #2 and #3/Eminent Domain Acquisition. Survey. ContInued) allocated for the purchase of a site for the northeast fIre station. He felt it would be cost beneficIal to authorize eminent domain on that site as well. Firefighter Bob Peach stated the committee has not addressed the location for a northeast station yet as that has not been the priority item. Attorney Hawkins advised there really is no hurry to acquire that site, as the City has up to three, possibly five, years In which to spend those funds. He also thought there would be other condemnation proceedings next spring or summer that thIs could be combined with. MOTION by Orttel, Seconded by Perry. that the Council approve the Attorney to begin eminent domain proceedings to acquire the Northwest station site as defined by the committee that has reviewed the site. MOTION by Knight, Seconded by Perry, that we contract with Hokanson- Anderson for surveying of Fire StatIon #2 for the price of $1.135.00. VOTE ON EMINENT DOMAIN PROCEEDINGS: Carried unanimously. ~ VOTE ON SURVEYING: Carried unanimously. FIRE DEPARTMENT/BOND FUNDS Fire Chief Glenn Smith stated the FIre Department and Public Works Department feel the funds remaining from the prevIous public services bond issue. approximately $120,000, should be used for public services purposes. He, Frank Stone. and JIm Schrantz, have looked at the possibility of upgrading the cold storage building to house the third fire station. They would then move completely out of the PublIc Works Building. Council asked that he come back wIth cost figures on the proposal. Frank Stone stated he also felt some of those funds should be used to fix up the outside of the Public Works BuIlding. Mr. Koolick stated a budget of the PIR fund will be presented at the first meetIng in December, at which time those Items can be addressed. Council agreed, again asking for cost figures on the proposals. BOUNDARY COMMISSION Councilmember Orttel explained the Boundary Commission Is requesting $20,000 for CaIne & AssocIates to do the survey work and LIberty Title to do the abstract work, with those funds to be paid back with Interest. Regular City Council Meeting November 6. 1990 - Minutes Page 10 (Boundary Commission. Continued) MOTION by Jacobson. Seconded by Orttel. that the Council authorize up to $20,000 out of the fund Improvements Unflnanced to Caine & Associates and Liberty Title to do the necessary survey work and abstract work in Auditor's Subdivision 82 as requested by the Boundary Commission. Motion carried unanimously. JOINT POWERS AGREEMENT/CDBG FUNDS MOTION by Orttel, Seconded by Knight, that the Council enter into a Joint Powers Agreement on CDBG funds with the City of Blaine. and authorize the Mayor to sign it. Motion carried unanimously. FUEL USEAGE REFUND After a brief discussion, Council felt it would not be a great cost savings to participate in the fuel useage refund. No action was taken. NON-DISCUSSION ITEMS MOTION by Orttel. Seconded by Knight. approval of Items 17, 18. 20 and 22 per Staff recommendations. (See the following: Final SAC Refund Report R156-90 - Declare adequacy of petition and order preparation of a feasibility report for the improvement of watermain. IP 90-25 Release plat escrow and feasibility escrow for Creekside Estates Approve change order for IP 90-5, Hidden Creek East 3rd Addition in the amount of $1,355) Motion carried unanimously. AMEND SEPTIC SYSTEM ORDINANCE Building Official David Almgren explained the amendment to Septic System Ordinance 37 is an updating of the ordinance to meet State law. MOTION by Orttel, Seconded by Perry, that the Council adopt Ordinance 37C as presented, adding to Section 2. B, 9, "Individual Sewage Treatment Systems Standards. Minnesota Chapter 7060". Motion carried unanimously. ReguJar City Council Meeting November 6, 1990 - Minutes Page 11 AWARD BID/IP 90-6/1950 BUNKER LAKE BOULEVARD A cost savings was noted If both Phases I and II were done together. Counc I I noted there is no petition for Phase II. Mr. Haas exp1ained the easements have been acquired only for Phase I. MOTION by Orttel, Seconded by Jacobson. introducing a Resolution accepting bids and awarding contract for the Improvement of Project 90-6 as presented, with the Jow bidder being Ro-So Contracting In the amount of $37,157.75. (See Resolution R159-90) Motion carried unanimously. APPROVAL OF CLAIMS Counc i I questioned the purchase of two generators by the Fire Department for approximately $9,000. Fire Chief Smith explained It is part of the bond issue, and they were purchased at a substantial savings to the City. He said he talked to Mr. Koolick about it first. Counc i ] appreciated the cost savings but asked that in the future. all expenditures having to do with the bond issue be presented to the Counc i I first. MOTION by OrtteJ, Seconded by Perry, that the Council approve a 11 claims for the current bill in the amount of $297,910.48. Motion carried unanimously. MOTION by Jacobson to adjourn. Mayor EJling declared the meeting adjourned at 10:43 p.m. Respectfully sUbmitte~ ~~Cc~ Marce1ia A. Peach Recording Secretary