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HomeMy WebLinkAboutCC October 2, 1990 rJ1"" CITY of ANDOVER .n) Regula< Cot, Co~ml ,,,<>og-o«ob.. ¿. "" 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 7:30 P.M. 1. Assessment Hearing/90-2/163rd, 164th, Jonquil 8:00 P.M. 2. Assessment Hearing/90-l4/Cedar Hills, Cedar Crest 8:30 P.M. 3. Public Hearing/90-l8/Pumkin City 4. Amended Special Use Permit/Metropolitan Mosquito Control 5. ordinance 23 Amendment 6. North Anoka County Arena Association Presentation 7. Bond Sale Discussion Staff, Committee, Commissions 8. Purchase Pressure Washer/Public Works 9. Purchase 3 Radios/public Works 10. Certify Delinquent Utilities 11. Report/Diseased Tree Ordinance 12. Certify Developer Assessments 13. Appoint Election Judges 14. Certify Cleanup Costs 15. Approve Site 2/Fire Station 16. Order Survey/Fire Station 17. Approve Specs/Fire Dept. Equipment 18. Appoint Boundary Commission 19. Fire Department/Dillon Non-Discussion Items 20. Contract Change Order/pressure Valve & Purchase Agreement 21. Control Equipment/Pressure Control Valve 22. Approve Easement/Houle/88-9/Tulip Street 23. Temporary Mobile Home Permit/Glenwood Bridge Co. Approval of Claims Adjourn CA··· CITY of ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 2, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jim EIJing on October 2, 1990; 7: 30 p. m. , at the Andover City Hall, 1685 Crosstown BouJevard NW, Andover, Minnesota. CounciJmembers present: Jacobson, Knight, Orttel, Perry Councilmembers absent: None Also present: City Attorney, WilJiam G. Hawkins; BRA Engineer, Glen Cook; TKDA Engineer, Davidson; Planning and Zoning Commission Chairperson, Rebecca Pease; City Planner, David Carlberg; City Zoning Administrator, d'Arcy Basel I ; City Finance Director, Howard Koolick; City Administrator/Engineer, James Schrantz; and others RESIDENT FORUM Dennis Hornsten. 3105 164th Avenue NW - asked whether the assessment hearing this evening is proper since the Job 15 not complete. Staff and Counc i I noted the authority under the Statutes to hold the assessment hearing based on estimated costs. The reason i t Is being done is to save one year's interest for the residents. The roll must be certified to the county by October 10. Mr. Hornsten - was concerned about not getting the Job done that was promised, asking what guarantee they have. Staff explained the assessment hearing has nothing to do with paying the contractor. The contractor wi 11 have to perform according to the contract and to complete the project to the satisfaction of the City. It was agreed to continue the discussion at the time of the hearing. AGENDA APPROVAL It was agreed to add Item 24, IP89-15, Kirby Estates Escrow Refund. MOTION by Jacobson, Seconded by Perry, approval of the Agenda. Motion carried unanimously. APPROVAL OF MINUTES MOTION by Knight, Seconded by Perry, approvaJ of the Minutes of September 18, 1990. Motion carried unanimously. Regular City Council Meeting Minutes - October 2, 1990 Page 2 ASSESSMENT HEARING/IP90-2/163RD. 164TH AND JONQUIL Mayor E1 1ing opened the hearing at 7:36 p.m. Dennis Hornsten. 3105 164th Avenue - noted the asphalt is down, but the leaders from the asphalt into the drainage area has to be done. Mr. Cook explained the areas at the end of the cuI de sacs st i 11 have to be done. Mr. Schrantz reported the sodding of the boulevards had been taken out by the Counci1 except for the restoration of the side lots. In viewing the project, everyone seeded the boulevards, so he felt the side lots should be restored in 1 ike condition. The side yards wi 11 be seeded. Pennv Leonhart. 16340 Jonqu i 1 - fe 1 t the people are saying they are not real happy with the project so far. The boulevards are not ready for them to take care of. There are very large chunks of tar, wood, and busted up stakes in the sand that was put back on their yards. They started out with having only 18 inches that needed restoring but ended up with about 15 feet across the whole lot to fix up. It is a mess. Mr. Cook stated no black dirt was put in the boulevards because the residents agreed to take care of it themselves. Mr. Hornsten - stated they have a lot of rock In their boulevard, expressing frustration over having to do his boulevard twice because extra Class V was put on it after he restored I t the first time. He understood Ms. Leonhart's problem because they would come through with sweepers which threw everything Into the boulevards where people had already raked and leveled. He was worried about getting the job done correctly. Ms. Leonhart - asked If sod wi I 1 be put by the ponds. Mr. Cook said the only sodding wi I I be to stablized the drainage areas. But the contractor should be taking the chunks out of the topso i I . He stated their inspector, Harlan Olson, wi 1 1 come out to review the project, see what work needs to be done, and see that the work is done correctly. Excess material was stockpiled at the east end of the project and then used to restore the boulevards. Apparently some of the material was not clean, but the contractor shbuld be made to clean It out. Mr. Hornsten - stated there is about 200 feet of the boulevard fi11ed with Class V rock on the Ternus lot. John Ternus. 3125 164th Avenue - complained about the quality of work on the project and related an event of getting stuck, calling the City offices, and a police car also getting stuck. He said he has a lot of rock on his property, asking how he can clean It up to restore the boulevard. Mr. Cook stated the contractor wI} J be toJd to clean up the boulevard. Regular City Council Meeting Minutes - October 2, 1990 Page 3 (Assessment Hearlng/IP90-2/163rd. 164th and Jonquil, Continued) Mike Theis. 3153 164th Avenue - didn't have a prob1em with the rock and seeding; however, he noted the approach to his driveway appears vastly inferior to the others. He asked to have somebody 100k at i t because he felt I t wi 11 crack up in a few years, and that shouldn't be his responsibility. He hoped that someone wi I 1 make the contractor perform to the contract. The residents are saying they want what they are paying for in the proj ec t. Mr. Hornsten - said when they were doing the project it appeared they tried to cold r011 it by time they got to the Theis property, and it didn't work. He also explained that because of the delay in the project and because of the City wanting the residents to have the bou1evards restored prior to the assessment, they ended up seeding instead of sodding. He also seeded instead of sodding because of the dirt and rock on the boulevards. Mr. Schrantz stated they did not shape the boulevards. Mr. Hornsten - stated in some places i t is shaped very nicely; In other places i t is not. Ms. Leonhardt - said it Is hard to tell when the contractors are finished because they are there for a few days and then gone for weeks. Counc i 1 stated they too want the project done correctly. It was suggested that any resident who had a problem should leave his name and phone number with Mr. Cook. The project inspector will then come out to talk to the residents in the evening about the problems and see that they are taken care of before the final payment is made to the contractor. Mr. Hornsten - was under the impression that the side 10ts were going to get sodded. Other residents agreed. Severa1 on the Counc II also recal led those sides on the Theis, Horning and Boesen Jots were going to be sodded, not seeded. The only other sodding on the project is for erosion control. Counc i I then agreed that the agreement was to sod the side yards of the Theis, Horning and Boesen lots p1us at the end of 163rd Lane where it goes into the drainage ditch and at the end of 164th Avenue. Mr. Cook noted the bottom of the ditch along Round Lake Boulevard wi I I also be sodded. Counc i 1 also assured the residents that the problems wi I I be taken care of, noting the performance bond and other securities the City has to ensure that the project is done corcect1y. Mayor El ling encouraged anyone who had a problem to call the City prior to the final payment. Mr. Hornsten - asked if a barricade is going to be put up at the end of 164th Avenue because the area is now being used as a dump and a party area. Mr. Schrantz stated that problem can be taken care of by the City. Regular City Council Meeting Minutes - October 2, 1990 Page 4 (Assessment Hearing/IP90-2/163rd, 164th and Jonquil, Continued) Mr. Cook noted Mr. 01 son wi II make a punch 1 ist of the entire job, inc1udlng those problems mentioned this evening. A resident asked about the payment of the assessment. Counc i I explained they have 30 days from tonight to pay it wi thout interest. After that i t is certified to the county, and it wi II go on next year's tax statement. There being no further testimony, Mayor EI II ng asked for a motion to c10se the publ ic input portion of the hearing. MOTION by Knight, Seconded by Jacobson, to so move. Motion carried unanimously. MOTION by Jacobson, Seconded by Knight, the Resolution as presented. (See Resolution R141-90 adopting the assessment rol1 tor the improvement of street and storm drainage for IP 90-2 for certification) Motion carried unanimously. Hearing adjourned at 8:03 p.m. ASSESSMENT HEARING/90-14/CEDAR HILLS. CEDAR CREST Mayor E11ing cal led the hearing to order at 8:03 p.m. Mr. Cook explained the project is about two-thirds of the way done. The gravel base is completed. The bituminous surfacing Is expected to be completed this week; and the restoration needs to be done. The assessment Is based on an estimated cost, which Is about 10 percent under the preliminary report estimate presented at the public hearing. The total estimated assessment is $4,910/unit for each of the 12 1/2 units. Mr. Cook was comfortable the project costs will be wi thin the amount being assessed. Mr. Cook also noted that a property owner did not want all the trees removed from the boulevard at the Intersection of 176th and B1ackfoot. They removed only a few for a I ine of sight, though he felt i t is st i 1 I not a safe corner. But because only four houses are affected, he agreed not to remove any more trees. There was no public test imony. Mayor E111ng asked for a motion to close the public input portion of the hearing. MOTION by Perry, Seconded by Orttel, to so move. Motion carried unanimously. MOTION by Perry, Seconded by Orttel, a Res01ution adopting the assessmen t ro II for the improvement of street and storm drainage for Improvement Project 90-14 for certification. (See Resolution R142-90) Motion carried unanimously. Hearing closed at 8:10 p.m. Regular City Council Meet i ng Minutes - October 2, 1990 Page 5 AMENDED SPECIAL USE PERMIT/METROPOLITAN MOSQUITO CONTROL Chairperson Pease reviewed the Planning Commission's recommendation to approve the Amended Special Use Permit application to al low for the construction of an addition to the existing main office service f ac I lit Y . the construction of two vehicle storage buildings, and the Installation of a fuel pumping station for the applicant's use. She noted they would like to see an addition to the prepared resolution that the Metropolitan Mosquito Control District provide a letter to the City from the State certifying the tank as being acceptable. Counci Jmember Jacobson was concerned that the beautifuJ pine tree screening along Bunker Lake Boulevard is being removed, exposing the businesses to the residents in the Hil Is of Bunker Lake. He recommended adding a requirement to the permi t that would prevent the removaJ of any trees in front of the property, that they would remain as a screen. MOTION by Jacobson, Seconded by Orttel, the Resolution granting the Amended Special Use Permit of the Metropolitan Mosquito Control District as presented with the following two additional conditions: 1) a letter from the State of Minnesota be provided to the City as to the suitability of the underground gasoline tank to meet FederaJ specifications; and 2) that screen of pine trees which currently is between Bunker Lake Boulevard and the existing structure not be removed and they remain there to act as a screen for aesthetic reasons, that only those necessary for the actual placement of the structure be removed. (See Resolution R143-90) Motion carried unanimously. (There was further discussion on this item later in the meeting.) NORTH ANOKA COUNTY ARENA ASSOCIATION PRESENTATION Anoka County Commissioner Natalie Haas-Steffen addressed the Council regarding the construction of the North Anoka Hockey Arena. She noted some time ago the City sent the County Board a letter indicating their support; however, the letter is not acceptab1e to the County Board. Commissioner Haas-Steffen reviewed the history of the county's involvement in the construction of ice arenas in the county. It was determined by a study about 28 years ago that there would be a need for about five ice arenas in Anoka County, but the county had no intention of constructing and owning them. Because of the revenue sharing, the county gave $200,000 each to both the Anoka rink and to the one in the Blaine area. At the time revenue sharing was cut off, the county lent $800,000 of those funds to the Parks Department which Regular City Council Meeting Minutes - October 2, 1990 Page 6 (North Anoka County Arena Association Presentation, Continued) helped to finish off the Coon Rapids Dam park. The idea was when the county was paid back, the money would be used for something else. There are plans to do a nature center In the Rice Creek Chain-of-Lakes, but there is not enough In the park fund to do that. Commissioner Haas-Steffen explalned the urgency of the situation at this time Is that $800,000 is in jeoparady. The only acceptable letter of support to the County Board is one which states Andover will not be back to the County Board at some future date asking for dol1ars for an ice arena in Andover. The reason for that is according to the study done, the areas that the county determined would tolerate an arena is north and east. This is the northern one; the eastern part of the community is also working on building an arena. She asked the Counc i I to reconsider its letter; stating very strongly that without that particular wording, there wi 11 be no ice arena in northern Anoka County. The time is short. The dollars are coming back from the Regional Park Board, and ~ither they get earmarked for th i s or there won't be any funds for this. She supports the arena because she supports doing whatever they can for today's youth. Mayor Elling noted that wording was left out previously so Andover would not be ] eft out i f it ever needed an arena at some future date. Commissioner Haas-Steffen stated a majority vote of the County Board Is not there wi thout that wording. Also, Andover has an arena on its southwestern border, and this one will be on the northeasteLn border providing services primarily for District 15 youth, a number coming from Andover. She predicted that i f the time ever came that revenue sharing dollars would be available again, agreements such as this would become null and void. This item was discussed again later in the meeting. PUBLIC HEARING/IP90-18/PUMKIN CITY Mayor Ell ing opened the public hearing at 8:30 p.m. Cyri 1 Link. one of the principal owners of Pumkin City Investments - objected to the entire situation. He asked what was the urgency of the situation. Mayor EI ling stated he had been given until July 31 to get it cleaned up, and that was not done. It was holding up the clean-up operation by the PCA. Mr. Link - asked if that couldn't be done without sel ling their personal property. The letter states rubbish and refuse, and it doesn't state anything about personal property In there. He asked who authorized all that. Mayor EI ling stated the Council authorized it. Regular City Council Meeti ng Minutes - October 2, 1990 Page 7 (Publ ic Hearing/IP90-18/Pumkin City, Continued) John Link - also objected, stating personal property was affected and removed from the property that was landlocked by a fence put up by someone other than them. In hIs mind. there was a lot of thievery going on there. A whole area was fenced off, and they could not gain access to theIr own property. Mayor Elling stated the City had no control over that. That was done by the EPA. Mr. Schrantz stated a key was available to them. Mr. Link - stated they found out abou t the key only recently. They were not supplied keys at any poInt until they found out people were in their removing property. The other owners involved did not have keys either. Councilmember Jacobson stated it was court-ordered to be cleaned up by July 31. Why wasn't that done. Mr. Link - wasn't sure. but they hired people to work on the clean up. They were told to leave by someone else hired by the City of Andover. Attorney Hawkins reviewed the contact with their attorney and the administrative law judge order to clean it up as early as February. They were given six months to clean it up, and it was not done by July 31. He also had numerous pictures of the site which shows it is basically debris and rubbish. Mr. Link - stated only the rubbish was to be cleaned up. The only 1 egal road Into that place Is :33 feet, and that gate has been locked for months. Mayor EI ling noted one of the problems is the EPA and PCA have control of that site. The City's concern is to get the property cleaned up before it contaminates ground water and creates a problem. Mr. Link - stated the problem was created 25 years ago, disagreeing that the cars and trucks on top of the ground are a problem. He again voiced his objection to the whole situation. MOTION by Jacobson, Seconded by Perry, to close the publIc hearIng. MotIon carried unanimously. MOTION by Jacobson, Seconded by Orttel, the Resolution as presented. (See Resolution R144-90 adopting the assessment roll for the Improvement of debris/rubbish clean up for IP 90-18 for certification) Motion carried unanimously. Hearing closed at 8:35 p.m. AMENDED SPECIAL USE PERMIT/METROPOLITAN MOSQUITO CONTROL. CONTINUED Richard Gauger, Consultant Engineer for the Metropolitan Mosquito Control District, introduced Wi II Ceaser, Business Administrator for the District, and Wayne Hilbert, architect for the proJect. They are in basic agreement with the requirements of the Amended Special Use Permi t, noting it will be taken to their Board this month. Regular City Council Meet i ng Minutes - October 2, 1990 Page 8 (Amended Special Use Permit/Metropolitan Mosquito Control, Continued) Mr. Gauger noted they do not have water service to the site, and the proposed construction wi I I require them to have a sprinkler system. That would require connection to City water. He asked if the Counc II would look favorably upon a request by the District to be served with municipal water, realizing they would be assessed their proportionate share. They would try to schedule their construction to the availability of water. Counc i I asked that the request come in written form. Mr. Schrantz summarized how the property could be serviced from the existing lines, thinking at this tIme that it could be served. No further action was taken. ORDINANCE 23 AMENDMENT Chairperson Pease reviewed the background on the updating and amending of the Equine Ordinance and the involvement of the Equestrian Council In drafting the ordinance. She stated the proposed amendment before the Counc i I is supported by both the P & Z and the Equestrian Council wi th the exception of three points: 1) The P & Z and Staff would recommend the setback of 90 feet of any equine shelter from the abutting propoerty lines. They feel this would provide a minimum of a 100-foot separation between it and any occupied residences and would guard against any unreasonable use of adjacent undeveloped property. The Equestrian Council prefers the 50-foot setback which is In the draft ordinance and is no change to the original ordinance. 2) The P & Z feels horse boarding is more than a home occupation and asks that the Counc i I consider requiring a Speclal Use Permit slmlllar to what is required of kennel operations. The Equestrian Counci I disagrees. John Bills. Chairman of the Equestrian Council - felt the same thing can be accomplished with a site plan. The ordinance does not address the problems relating to dog kennels such as noise, distance from lot line, manure management, etc. However, those things are addressed in the Equine Ordinance, plus there is the Equestrian Councll to police It. Mr. Bil Is explalned that boarding operations are not at all the intense operation of riding stables or breeding stables where there would be employees, trainers, veterinarians, etc.. coming in and out every day. Typically a boarding operation is nothing more than one person, several horses, and friends or owners coming in occasionally. It is not a high traffic situation. Regular City Council Meeti ng Minutes - October 2, 1990 Page 9 (Ordinance 23 Amendment, Continued) Don Eveland - noted permits are not required in other agricultural pursuits on property over five acres. He also stated the reason the Horse Counc i I disbanded was because they were never cal led by the City. Counclmember Orttel thought that there were few complaints. Mr. Bills - related several problems that the Equestrian Council has been ab1e to resolve just by informing those involved of the ordinances and working together. Mayor EI ling suggested the provisions of the ordinance be put In the Andover newsletter so residents are aware of them. Chairperson Pease continued: 3) The P & Z felt that a site plan and permit should be required for all horse operations, not just those on five acres or less as the ordinance reads. They felt that would provide more Information and would avoid problems in the future. Mr. Bell - noted the 90-foot issue is their biggest concern. The horse shelter is just that, to protect the animal. It is not a storage area and Is not really any different than any other accessory bui ¡ding. On 300-foot lots, the 90-foot setback requirement would mean the only place to put that shelter would be in the center of the lot. Ms. Bosell explained to the Council that the proposal of 90 feet from the boundary lines is to insure a minimum of a 100-foot setback from any occupied structure. It is a health issue of the separation between the structure and the habitable portion of a building. Building Official Dave Almgren noted there are regulations dictating the distance between manure piles or pits and a well. He acknowledged that this setback requirement would not be required if it housed cows or other farm animals. ? - asked how this affects lots with municipal sewer and water. Mayor EI ling stated the health issues would not apply. The resident then noted the ordinance does not differentiate between private and municipal uti I I ties. MIke Vaqale - asked how often this has become a complaint, wondering if they're spending a1 I this time on a problem that has occurred once out of 2,000 homes. Also, on the 1 arger lots, they need a specific amount of buildable property (39,000 square feet), so he couldn't believe there wouldn't be other options available. The entire burden does not have to be placed on the horse owner. Councllmember Jacobson thought a property owner may choose to place the house close to one side of the lot to be able to spIlt it at some point in the future. Ernie Trettel - felt if a horse structure is put 50 feet from the lot line and the neighboring house is 10 feet from the line, the well Regular City Council Meeting Minutes - October 2, 1990 Page 10 (Ordinance 23 Amendment, Continued) wou1d probably be on the other side, considerably farther than 100 feet from the horse structure. Counci Imember Knight stated that assumes the structure wil I be fu I] of manure, which it isn't. The well rule is to protect against the contamination from manure. He didn't think just the building should be I imi ted. Mr. Trettel - also presumed that 80 to 90 percent of the people who are ever going to have horses In Andover already live here. So if the ordinance changes, there wi 11 be a number of people who will be in violation of it. And the ordinance as written requires everybody to be in compliance within one year. Attorney Hawkins didn't think it was practical to require compliance with setback changes. Chairperson Pease felt having a site plan for everyone would solve the setback problem. Mr. Bi lIs - stated it Is their Intent to have a site plan on file and the number of horses, so if there is a problem, they would be able to resolve It. Mr. VaGale - stated that same type of scenario already exists for setback requirements in the FHA requirements. ML Almgren stated the septic system is addressed to the property line. Mr. VaGale - stated he is not aware of any existing code that says he cannot put the we 1 I 90 feet from the property 1 ine. He felt the responsibility is not on the party that was there first, but on the party that comes in next to an existing sewer and water systems. Dave Afler - asked If they would have to ask for a variance i f they did not comply with the 90-foot setback. Mayor EIJing stated they would be grandfathered in. DOUG Asfalv - stated they were given a lot of erroneous information from CI ty Hal 1 when they moved Into the City. Based on the information he was given, his barn was put In the wrong spot. Mr. 311 Is - stated he too was told by Staff that his fence could be right on the property 1 ine; yet one of the first things that was pointed out to him when he brought in his site plan was that his fence was in violation of the ordinance. That's why when they started working with the ordinance, they wanted all the facts in this one ordinance. Ann Nelson. 230 177th Avenue - related a simlJiar problem about a fence, being told they could built It anywhere. They want someone who is more aware because those people behind the desk at City Hal I don't know what is going on. Regular City Council Meeting Minutes - October 2, 1990 Page 11 (Ordinance 23 Amendment. Continued) Ranae Brodeen - stated a point brought up early in the discussions on retroactivity is that if her barn burns and Is over 50 percent damaged, she would be made to comply with the new regulations. But it seemed to her that the concern with the sanitary and wel I separation is an issue that has been lumped together with the structure. Councilmember Knight agreed, thinking many people have animals in a part of the pole barn. He felt they should be dealing with soil contamination and not putting the two items together. MOTION by Jacobson, Seconded by Orttel, that the Ci ty Counci I approve the amendmen t to Ordinance 23C, an ordinance reJating to the regulation and keeping of equines within the City of Andover as presented wi th two changes: First change appears on Page.5, Sect! on X, Subsection C, where It presently reads '" "That the Equestrian Counc I J shaJ J recommend approval or disapprova] to the City Council of variance requests...", change that wording to read "...disapproval to the Planning and Zoning Commission of variance requests..." Second change Is on Page 6, Section XIV, Retroactivity, delete that whole section and renumber the subsequent sections in the proper order. DISCUSSION: was on the procedure when complaints and requests come in. Ms. Bosell stated she would receive the complaint and would forward it to the Equestrian Council. She also explained that they did not want to create another leveJ of bureaucracy. Variance requests for this ordinance are not required to go to the P & Z; so to expedite the requests under Ordinance 23, it was felt the recommendation from the Equestrian Council could go directly to the CounciJ. It was noted the ordinance as proposed retains the 50-foot setback of horse shelters from the property ] ine, does not require Special Use Permits for boarding horses, and does not require site plans for those horse operations over five acres. Councilmember Jacobson CHANGED HIS MOTION that on Page 4, Section 9, to clarify " .. .of less than five acres without first obtaining and receiving an application for a permi t. . . " And defer to the majority and retain Section X, C as proposed: "The Equestrian Council shall recommend approval or disapprovaJ to the City Council of variance requests. . . " Second Stands. DISCUSSION CONTINUED: Mr. Asfalv - complained about the lack of communication to the residents, noting he never heard about most of this. He asked about the Equestrian Council. He also asked if the site plan is In the ordinance now, wondering about the cost to the City for enforcement. Counci I noted the establishment of the Counc I I in Section X of the ordinance. The City Council advertises for the position and appoints the members from those appJicants. Regular City Council Meeting Minutes - October 2, 1990 Page 12 (Ordinance 23 Amendment, Continued) Mr. Bi 1 Is - explained the site plan is only for horse operations on five acres or less. The' concern on less than five acres Is being good neighbors as far as manure management, fencing, etc. Another resident didn't feel enough detai I has been given to managing manure pi les. Counc i I noted if it becomes a problem, there may have to be changes made to the ordinance to address them. Ms. Brodeen - suggested the issue of manure piles should be of more concern than the location of the barn. Council noted the setbacks for the barn wi 11 remain the same as before. They also suggested possibly the Equestrian Councl] wIll want to address the methods of manure disposal in the permitting process. It was asked that the Equestrian Council look at that Issue further and recommend any changes that are appropriate i f they find the matter cannot be adequately handled with existing ordinances. Ms. Nelson - preferred to see manure management separate from the Equine Ordinance to encompass the keeping of other animals such as cows, sheep, etc. Mayor EI ling noted that could also be handled under the existing ordinance regarding odors and nuisances. Chairperson Pease again asked the Council to consider requiring a site plan for all horse owners, not just those under five acres. The P & Z fee1s that could avoid a lot of prob1ems in the future regarding development around them. The Counc i I felt that most of the problems would occur on the sma 1 1 er lots. Mr. Almgren stated he requires a p10t plan whenever an accessory building is put up anyway. Motion carried unanimouslY. Ms. Bosell suggested the Council advertise for applicants to fil I the one vacancy on the Equestrian Council. MOTION by Ortte1, Seconded by Perry, to so move. Motion carried unanimously. IP89-15/KIRBY ESTATES ESCROW REFUND Mr. Koolick ~ecommended the Council refund $150.92 from the plat escrow fund of Kirby Estates to Wayne and Kaye Smith. The assessments for the project were paid off. The City also holds a project escrow of $4,425 in a CD, which he also recommended be released, and a grading escrow of $4,000. The grading escrow should not be released unti I the Staff has evaluated the project to be su~e the grading is complete. They will come back with a further recommendation on that in the future. Regular City CouncIl Meeting Minutes - October 2, 1990 Page 13 (IP89-15/Kirby Estates Escrow Refund, Continued) MOTION by Orttel, Seconded by Knight, that the Counc i I refund the assessment escrow and the plat escrow for KIrby Estate as presented, $150.92 for a plat escrow and the security in the approxImate amount of $4,000 for assessments on the plat. Motion carried unanimously. CONTRACT CHANGE ORDER/PRESSURE VALVE & PURCHASE AGREEMENT Mr. DavIdson reviewed the background, as noted in the Agenda material, regarding the telemetering of the controls for the elevated storage tank, Change Order No. 3 in the contract for a amount of $7,592.91. The reason for the additional cost is because In the Inl tial change, certain equIpment was removed that must now be put back in. Also, in the process of the original change, the subcontractor put all of those plans into a computer system which began a production process. Wi th this change, all of that has to be reprocessed. AI I the other alternatives cost more than th i s proposa I , and Mr. Davidson outlined those alternatives and reasons why they were rejected. He noted this has been negotiated down to a five percent profit margin for the subcontractors and material supplies rather than the normal 15 percent. Doing it by change order takes advantage of all the equipment ordered to date. He felt this is the least cost alternative and gives the City the most protection as it relates to the original contract. This, along with the previous change orders, amounts to a . 1.4 percent overrun on the project. MOTION by Jacobson, Seconded by Orttel, approval of Change Order No. 3 for controls on Water Towers No. 1 and 2 on the pressure valve in the increased contract amount of $7,592.91. Motion carried on a 4-Yes, 1-No <EI ling) vote. CONTROL EQUIPMENT/PRESSURE CONTROL VALVE Mr. Davidson explained the purchase order is for an external pressure control system that will tie in with the telemetering of the wells and wi II al low them to operate the pressure reducing control valves as i f it were an additional well wi th a low pressure system. It wi 11 allow them to use the original tank, allowing it to fluctuate circulating the water on that side of the system. Virtually all of the water in the entIre system will be served by We11 No. 3 except in extreme high demands when Wel Is 1 and 2 are on lag and light lag position. MOTION by Orttel, Seconded by Knight, that the Counc i I authorize expenditure of $3,800 for the purchase of water system control equipment from Healy-Ruff. Motion carried unanimously. Regular City Council Meeting Minutes - October 2, 1990 Page 14 NORTH ANOKA COUNTY ARENA ASSOCIATION PRESENTATION, CONTINUED MOTION by Knight, Seconded by Orttel, that we rescind the first letter that we wrote. Motion carried unanimously. Ron Boerboom. President. North Anoka County Arena Association - stated the request from Andover is only regarding the northern arena si te In East Bethel. Counc II was concerned that the Ci ty Is being asked to sign off on never again asking for support for an ice arena, which means Andover wi 11 never have one. It was also noted that there has been no recent input from the athletic association in Andover; a 1 though the East Bethel arena wi J I be the only arena in District 15, and about 20 percent of the City Is In District 15. Ms. Bosell noted that students tend to go through the high school for their hockey programs, those attending Blaine go to the Blaine arena, those attending Anoka go to the Anoka arena, etc. Ice time Is soJd giving preference to the high school in its area. So there isn't really a demand for an "Andover" arena. Counc 11 discussed the possibility of including in the letter that the City would not seek financial backing for an ice arena in Andover unless revenue sharing funds are again available, but a majority felt the County Board would not accept that wording. MOTION by Knight, Seconded by Orttel, the form letter presented with the blank filled In with the word "Andover" and the rest as is to the county endorsing the arena in East Bethe I . Motion carried unanimously. REPORT/DISEASED TREE ORDINANCE Mr. Carlberg reviewed his memorandum to the Council regarding the funding sources for diseased tree removal. He stated Janette Monear, Program Coordinator of the oak Wilt/Diseased Tree Hotline for the county, last week proposed to the County Board that they purchase a vibrating plow. It was received favorably but no further action was taken. It is expected that Andover could participate in the program to use that plow if Its ordinances meet the criteria. Mayor El ling wondered i f the surrounding cities should be contacted and the plow purchased on a joint powers agreement among them. Ray Sowada, City Tree Inspector. said that had been talked about by Ms. Monear at one time, but It was not pursued. It has not been resolved whether the plow would be operated by the City or county. He said the smaller trenchers can still be rented, but the vibrating plow cuts deeper and a 1 J the dirt fal Is back into the hole. Discussion was on the options available to the homeowners, the high cost of having work done with a vibrating plow and of tree remova 1 , Regular City Council Mee ti ng Minutes - October 2, 1990 Page 15 (Report/Diseased Tree Ordinance, Continued) the job of coordinating this effort, the lack of equipment available right now, the seriousness of the problem and the amount of time it Involves by the City's Tree Inspector. Me-. Carlberg stated Ms. Monear suggested the ordinance be in place for future funding, though right now funding available is very slim. Counc i I suggested updating the ordinance, especial ]y in the area of enforcement. The ordinance should also require people and utilities not to cut the oak trees during certain times of the year, that the firewood be stripped of its bark unless wrapped In plastic, requiring bullders to submit plans for mInImal dIsturbance of the trees, etc, to insure that everything possible wi]] be done to prevent the spread of diseases. MOTION by Knight, Seconded by Perry, that we send this to the P & 2 to look at those concerns that have been expressed here -- rules to control contruction damage on building permits, stripping of bark of firewood, trimming only during certain times of the years, and those other items mentioned this evening. Motion carried unanimously. Counc i 1 recessed at 10:26; reconvened at 10 :31 p.m. PURCHASE PRESSURE WASHER/PURCHASE THREE RADIOS - PUBLIC WORKS: CERTIFY DELINQUENT UTILITIES Me-. Schrantz explained the Public Works Department made a mistake on the quote submitted by Hotsy Cleaning Systems. It should be $2,210, not $2,600, making It only $111 more than R & H Enterprises. The Department would prefer the system of Hotsy Cleaning Systems because i t is a local operation and it is a better piece of equipment. It is a different system then R & H Enterprises. MOTION by Knight, Seconded by Orttel, that we approve Items 8, 9, and 10, that Item 8 being the purchase of the Hotsy Cleaning System. ( See the following: Purchase Pressure Washer from Hotsy Cleaning Systems - $2,210.00 Purchase Three Motorola Radios - $2,640.00 R145-90 - Certifying to the County Auditor for collection unpaid sewer and water user charges) Motion carried on a 4-Yes, 1-No (Jacobson) vote. CERTIFY DEVELOPER ASSESSMENTS Mr. Koolick reported the assessments for Kadlec Second Addition and Red Oaks Sixth Addition have been paid. No action was needed. Regular City Council Meeting Minutes - October 2, 1990 Page 16 APPOINT ELECTION JUDGES MOTION by Jacobson, Seconded by Orttel, the judges as presented. . (See Resolution R146-90 appointing election judges for the general election to be held on November 6, 1990, in the City of Andover) Motion carried unanimously. APPOINT BOUNDARY COMMISSION MOTION by Jacobson, Seconded by Knight, that the City Council approve citizen members of the committee: David Chad, Larry Dalien, and George Kerr. DISCUSSION: Noted Dave Almgren and Councllmember Orttel will also serve on the committee. Motion carrIed unanimously. FIRE DEPARTMENT/DILLON Because no information on the item had been received and Mr. Di I Ion was not present, no Counc 11 actIon was taken. APPROVE EASEMENT/HOULE/88-9/TULIP STREET MOTION by Orttel, Seconded by Knight, that the Council authorize the expenditure total dollar amount of $1,500 for two separate easements on the Houle property on Tulip Street, and that that would be two separate easements, one for road easement and one for drainage easement. Motion carried unanimously. CERTIFY CLEANUP COSTS MOTION by Knight, Seconded by Perry, introducing the ResoJution certifying to the 1991 taxes costs incurred by the City of Andover for cleanup on property known as PIN 32 32 24 42 0064. (See Resolution R147-90) MotIon carried unanimously. TEMPORARY MOBILE HOME PERMIT/GLENWOOD BRIDGE COMPANY MOTION by Jacobson, Seconded by Orttel, approval of a temporary permit for a mobi le home at the "intersection of Crosstown Boulevard and Andover Boulevard to be used as a security guard shack for the duration of the bridge buildIng project but no later than December 31, 1990. Motion carried unanimously. Regular City Council Meeti ng Minutes - October 2, 1990 Page 17 BOND SALE DISCUSSION Mr. Koolick summarized the arbitrage regulations which requires any interest earned that is more than what Is paid in interest must be paid to the federal government with three exceptions as outllned in the Agenda material. Based on the anticipated expenditure schedule, i t is recommended that the bonds be sold around April 1 , 1991. This allows the City to meet the six-month deadline for avoiding arbitrage, though the City will need to finance expenditures Internally until that time. Mr. Koolick said the City does have the funds to do it. Counc i 1 generaJly agreed with the proposa I . APPROVE SITE/NW FIRE STATION Counc i I discussed the four possible locations of the NW fire station In the vicinity of 165th and Valley Drive. Mayor EI ling stated he contacted the owner of the first-choice site but wil I not be able to talk to him in detai J unt II he returns back to town the end of this week. Fire Chief Glenn Smith noted the property just south of the first-choice site has a "For Sale by Owner" sign. He wl11 100k Into that further and get the name of the owner. Counc II discussion with Firefighter Bob Peach was that the site should be about 2 1/2 to 3 acres, on the characteristics of the other sites, and the location in general. To the best of his knowledge, Mr. Peach thought that the new road between Va]]ey Drive and Round Lake Boulevard is not being considered; but he personally fe]t that some corridor 101111 be built some day. The corridor would make the first-choice site a better site; without it, it is sti 11 the best site. He noted the concern Is acquiring a site as soon as possible, suggesting the possibility of beginning eminent domain proceedings around the first of November if something cannot be acquired through negoti a ti ons. It was agreed to continue negotiations with the owner of the first-choice site, to look at that property that is for sale, and determine market values on all the sites. ORDER SURVEY/FIRE STATION MOTION by Orttel, Seconded by Perry, that the Counc i I authorize an expenditure of up to $1,000 for Caine and Associates Land Surveyors, Inc., to survey the south fire station site and to take topographicaJ data on the same. Motion carried unanimously. Regular City Council Meeti ng Minutes - October 2, 1990 Page 18 APPROVE SPECS/FIRE DEPARTMENT EQUIPMENT Mr. Schrantz provided the Notice for Bids, recommending bids be opened for the six fire trucks at 2 p.m., Friday, November 2. Also, bids could not be withdrawn for a period of 45 days. Counc i I then reviewed the specifications before them for a 75' ladder truck, a pumper, two grass fire f ightlng uni ts, a 6x6 chassis and remounting of tank and pump body, and a 4x6 chassis and tanker with Fire Chief Glenn Smith and Firefighters Bob Peach and Roger Noyes. The fol lowing points were discussed: 1) Bids to be considered from companies which have an established reputation in the field of fire apparatus construction and have been in business for a minimum of 10 years (rather than 20 years as presented) . The firefighters agreed. 2) Both chassis and body parts to be built in the United States or bid wi 11 be rejected. The firefighters Indicated they did not want something built overseas because it is too difficult 'to service or get parts for. It was agreed to add "... In the United States of America or Canada..." 3) Six-man cab. The firefighters explained the' need for six firefighters on a fire scene, the duties of each, and the time saved by getting them a11 there at the same time on the same truck. The six-man cab is now a standard in the service. 4) Delivery of the units on their own power. The firefighters explained that is to be sure i t functions correctly and reduces the cost of delivery. They can also learn a lot about the vehicle by dr i v i ng It. 5) Delivery date. Everyone agreed to change the wording to "no later than 12 months (or six months on some trucks) after bid is awarded." 6) No exceptions. The Counc i 1 wanted to be sure the specifications were not written so tight that it excludes most bidders. The firefighters assured the Councll that the specs are biddable by at least six or seven companies. The "no exceptions" portions are items that there cannot be any exceptions, and the specifications are to make them aware of that. The specifications are a standard bid and have been reviewed by several manufacturers. 7) One-ton pickup grass rigs. There was some concern that they would be too heavy to go off the road. The firefighters stated they went for the added strength In the frame and felt I twill meet their needs as an off-the-road vehicle. Regular City Council Meeti ng Minutes - October 2, 1990 Page 19 (Approve Specs/Fire Department Equipment, Continued) 8) 75-foot ladder truck. The firefighters explained this type of truck is becoming the state of the art in fire fighting to be able to get to the roofs and chimneys. The 75-foot ladder is needed to reach the houses from the street, noting they tried the shorter ones but could not reach the house roofs because of the City's setbacks. MOTION by Knight, Seconded by Jacobson, that we approve the specifications for the fire vehicles as presented, subject to legal counsel for legality. Motion carried unanimously. MOTION by Perry, Seconded by Orttel, that we authorize the advertisement of bids for the fire equipment as presented, contingent upon the Attorney's favorable opinion. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Jacobson, approve disbursements of $169,053.44 Including a check to Kaye and Wayne Olson in the amount of $150.92. Motion carried unanimously. MOTION by Orttel, Seconded by Jacobson, disbursements on the other list In the amount of $11,300.00. Motion carried unanimous1y. MISCELLANEOUS Counc i I agreed that Mr. Schrantz wi 11 act as the City's representative on the project to construct the fire stations. Ms. Bosell noted the sign on the corner of 161st and Round Lake Boulevard advertising the deli is no longer legal, giving a brief background of the item. Counc II agreed to add the item to the next Agenda, asking that the owner be present to discuss It. MOTION by Jacobson to adjourn. The meeting was declared adjourned by the Mayor at 11:39 p.m. Respectfully submitted, ~a~~~~~~L Mar el la A. Peach Recording Secretary