HomeMy WebLinkAboutCC September 4, 1990
/~ CITY of ANDOVER
Regular City Council Meeting - September 4, 1990
7:30 P.M. Call to Order
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1. Kangas Variance
2. woodland Creek Special Use Permit
3. Leet Variance
4. Hidden Creek East 3rd Final plat
5. Award Bid/90-5/Hidden Creek East 3rd
6. Accept Easement/Hidden Creek East 3rd
Staff, Committee, Commission
7. Lower Rum River Permitting Procedure
8. Award Bid/Dump Truck
9. Award Bid/88-35/pressure Control Valve
10. Certify Mowing Charges
11. Grace Lutheran Church Assessments
12. Hire Receptionist/Secretary
13. Special Assessments/Tax Forfeit Property
14. R/W Acquisition-88-9, Tulip Street N.W.
15. Siting/N.W. Area Fire Station
Non-Discussion Items
16. Award Bid/90-l4/Cedar Crest/Cedar Hills River
Estates
17. Declare Cost/Pumkin City Cleanup
18. Declare Costs/90-14; 90-2
Approval of Claims
Adjourn
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, REGULAR CITY COUNCIL MEETING - SEPTEMBER 4, 1990
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called
to order by Mayor Jim Elling on Septembe. 4, 1990, 7:30 p.m., at at
the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
Minnesota.
Councllmembers present: Jacobson, Knight, Orttel, Perry
Councilmembers absent: None
Also present: City Attorney, William G. Hawkins; TKDA
Engineer, Rick Odland; Planning and Zoning
Commission Chairperson, Becky Pease;
Assistant City Engineer, Todd Haas; City
Planner, David Carlberg; Zoning
Administrator, d'Arcy Bosell; CIty
AdmInIstrator, James Schrantz; others
RESIDENT FORUM
Charlie Veiman. 13646 Crooked Lake Boulevard - stated he was told by
the Mayor when he came in thIs evening that he was to be on the
Agenda. He asked that In the future when someone is to be placed on
the Agenda, that they be notifIed ahead of tIme so arrangements can be
made. Mayor Elling said the problem was his item was not placed on the
Agenda as asked for by the Council at the previous meeting. He also
prefer.ed it on the Agenda if it is going to be a lengthy item rather
than on ResIdent Forum.
Mr. Veiman - stated he is formIng a commIttee oversee the spending
of the FIre Department bond Issue. He has talked to several people
who wIsh to work as a separate entity from the Council and from the
Fi.e Department and would view the process on theIr own. At this time
he was not willing to provIde the names of those people on the
commIttee. He asked for the following documents: 1) MInutes which
document the decIsions being made; 2) Minutes where the Council
approved the $300,000 ladder truck for the FIre Department; 3) a copy
of the Aldrich Report; 4) a copy of the ISO report; and 4) a copy of
the Safety Committee report. CouncIl noted either the Staff or Fire
Department wI I] make those items avaIlable.
AGENDA APPROVAL
It was agreed to add the following Items to the agenda: Item 15a,
Gwen Vagle/Equestrian Council; and Item 15b, Closed Session with
Attorney/ResolutIon of Hay Litigation.
MOTION by Perry, Seconded by Knight, the Agenda as amended. Motion
carried unanImously.
Regular City Council Meeting
Minutes - September 4, 1990
Page 2
APPROVAL OF MINUTES
July 17, August 16, and August 21 Meetings - Correct as written.
MOTION by Knight, Seconded by Jacobson, approvaJ of those Minutes as
written. Motion carried unanimously.
July 18 SpeciaJ Meeting - Correct as written.
MOTION by Knight, Seconded by Orttel, approval of the July 18
Minutes. Motion carried on a 4-Yes, l-Present (Perry) vote.
August 7 Regular Meeting - Correct as written.
MOTION by Knight, Seconded by Perry, approvaJ of the August 7
Minutes. Motion carried on a 4-Yes, l-Present <Elling) vote.
KANGAS VARIANCE
Chairperson Pease reviewed the Planning Commission's recommendation to
deny the variance request to build a deck onto the side of their home
that would violate the side yard setback by seven feet. She explained
the alternatives that have been suggested so the variance would not be
needed. The applicant apparently thought a portion of the easement on
Crosstown Drive would be vacated.
Mr. Haas stated he found nothing in the documents of the Prel iminary
Plat re]ating to the vacation of some of the easement on Crosstown
Drive. It was his recommendation that there be no easement vacated,
as it may be needed by the Ci ty in the future for widening the road,
sidewalks, turn lanes, etc. There are also a lot of utilities on that
side of the road. Dave Almgren, Bui Jding Official, also noted the
alternative of building a narrow walkway to the rear of the house
where the deck could be buiJt.
Mr. and Mrs. David Kanqas - feJt that between their buiJder and the
City they were treated unfalr]y. They discussed the construction of a
deck to the east of the house with their bui Ider, wanting it on that
side of the house for the evening shade. If they had known it would
be a problem, they wouJd have moved the house further west. They do
not want the deck in the back because of the sun, the additional
expense, and it would shade the windows below. The additional seven
feet would not harm anyone; they plan to build a privacy fence around
it so no one will see it. They had pictures they showed the Counci I .
Mrs. Kanqas - stated they taJked to all the neighbors, and no one
had a problem with what they want to do. Mr. Haas stated the
ordinance requires all structures aJong a street to allgn whether i t
is the front or side yard. In this case the bui]der was the
developer, who should have known the rules when the house was built.
Regular City Councll Meeting
Minutes - September 4, 1990
Page 3
(Kangas Variance, Continued)
Councilmember Orttel thought It was everyone's understanding,
Including the builder's, that some of the easement would be vacated.
He didn't feel there is a reason for that ]arge of an easement since
it has been downgraded to a City street. Counc II discussion noted
that area Is fully developed, so there wi I ] be no more traffic In the
future than there Is now. They did not foresee the need to make
Crosstown Drive a major roadway, so the additional right of way really
Is not needed. Mr. Haas again stated he would not recommend vacating
the right of way In case it is needed In the future.
Counc i I also noted the Minutes at the time of the prellmlna~y plat
indicate the driveway for this lot was to be placed as far west as
possible. Mr. Kanqas - thought the builder feJt that referred to
the driveway only, not to the house; and he thought the easement was
going to be vacated.
MOTION by Jacobson, Seconded by Knight, that we approve the variance
for the extra seven feet on the application; the reason being that the
amount of right of way of County State Aid Highway 18 at that point Is
50 feet at present and the normal City road as the City took It over
does not require that road right of way, and while the CI ty wi II not
relinquish it, we wi} I allow the variance based upon the width of a
normal City road. (See Resolution R120-90) DISCUSSION: Attorney
Hawkins advised that may be considered a unique physical feature of
the land because i t fronts on a wide road. Motion carried on a 4-Yes,
1-No (Perry) vote.
WOODLAND CREEK SPECIAL USE PERMIT
Chairperson Pease reviewed the Planning Commission's recommendation to
approve the Special Use Perml t to erect an Identification sign on
Outlot A, Brandon's Lakeview Estates as it meets a II the criteria in
the Sign Ordinance.
MOTION by Knight, Seconded by Orttel, introducing the Resolution
granting the Special Use Pe~mit. (See Resolution R121-90, request of
Woodland Creek Golf Course and A. R. Bullick to erect an area
identification sign on Out Jot A, Brandon's Lakeview Estates). Motion
carried unanimously.
WOODLAND DEVELOPMENT/PROBLEM OF GEESE AT THE GOLF COURSE
Mayor EJling summarized the problem the geese are creating at the
Woodland Creek Golf Course as outlined in an August 24 letter from
Lary Carlson, Woodland DeveJopment. The DNR is saying the best time
to net the geese is in April and May when they are not full y
feathered. At this time of the year, It is dl ff I cu} t to net them.
Regular City Council Meeting
Minutes - September 4, 1990
Page 4
(Woodland Development/Problem of Geese at the Golf Course, Continued)
Counc i 1 discussed the suggestion of hunting but was leary of i t
because of the surrounding residential and commercial areas. The Mayor
noted the DNR has agreed to help trap the geese. Though the Counci1
empathized with the problem, they opposed the use of firearms in that
area and suggested Instead that the geese be trapped as soon as
possibJe. No further action was taken.
LEET VARIANCE
Chairperson Pease reviewed the Planning Commission's recommendation to
deny the variance request of Car01 and Randy Leet to construct a horse
barn closer to their residence than the 100 feet required by the
ordinance. A Jengthy discussion ensued on the findings of the
Planning Commission and Staff, as they felt the land is such that the
barn could be moved to 100 feet from the residence.
Discussion was also on the logic for the setback distance from the
house and on the background and intent of Ordinance 8 and OrdInance
23, the Horse Ordinance. Ms. Bosel I noted Ordinance 8 has the
language "100 feet or more from any other occup I ed resi dence.. ."
Counci I noted that that wording seems to Imply from neighboring
houses, not the applicant's house. Ms. Bosell continued that OrdInance
23 was adopted after Ordinance 8 and states "...shall be located no
c10ser than 100 feet from any occupied residence." Counc I J questioned
whether the Horse Ordinance wasn't Just taken from Ordinance 8 and the
word "other" Inadvertent]y left out.
Carol Leet - explained the difficulty of moving the horse barn to
100 feet from the house and garage because of the ]ow spot and the
many trees. She disagreed with Staff's comment that only a little
amount of grading would be needed to build in that I ow sp 1 it. They
had a landscaper begin grading with a bobcat, but they gave up because
it wi II st ill be low by pushing the dirt around. And she did not want
the barn built in a low spot because of the potential water that wouJd
run into the barn causing a problem for their horses. Their
landscaper also estimated it would take 20 city dump trucks to fil1
that ¡ow spot to make i t leveJ, an expense she did not want to incur.
She was convinced that it would change the drainage, which wouJd also
affect her neighbors. They do not want to build It beyond the low
spot in the event they would want subdivide their land into 2 1/2-acre
lots. Their intent to moving to Andover was to be in the country; ha]f
of their neighbors have horses; she has worked with horses for more
than 20 years.
Mr. Haas stated he viewed the site three times, and it is sti 11 his
opinion that the low spot needs only minimal grading wIth only 1/2 to
1 1/2 feet to f I I I and that there Is more than enough f I II on site. He
felt they could meet the ordinance 100-foot requirement and build the
barn without a variance.
Regular City Counci1 Meeting
Minutes - September 4, 1990
Page 5
(Leet Variance, Continued)
Ms. Leet - disagreed, stating her landscaper said it was more than
1/2 or one foot to be fill ed.
Tim Flander - realtor, challenged Mr. Haas's calculations noting the
landscaper has been in the business for many years and Is
knowledgeable in the area of fill.
Jack McKeJvev - stated the Leets are his neighbors, and the barn
would be built even with his barn and Is back farther than the barn to
the north of them. Their house was allowed to be built without facing
a street and sets back quite a ways. The house has a 22-foot garage
to the east, which is not an occupied dweJling. If the garage is not
counted, the setback of the proposed barn would be more than 100 feet.
Counc i I then tabled the discussion until Jater in the meeting to
a I 1 ow Ms. Bosel I to research the intent of the original draft and
amendments to the Horse Ordinance regarding the 100-foot setback.
This was discussed again Jater in the meeting.
HIDDEN CREEK EAST 3RD FINAL PLAT
Attorney Hawkins stated he has not yet received the title nor
completed the Development Contract.
MOTION by Orttel, Seconded by Perry, the Resolution approving the
Final Plat of Hidden Creek East 3rd Addition as presented subJect to
al I the conditions Numbered 1 through 7 listed on the Staff Memo dated
September 4, 1990. (See Resolution R122-90) Mot! on carr i ed
unanimously.
AWARD BID/IP90-5/HIDDEN CREEK EAST 3RD
MOTION by Knight, Seconded by Jacobson, accepting bids and awarding
contract for Project 90-5 as presented, awarding bid to Mille Lacs
Contracting in the amount of $87,390.70 as low bi dder. (See
Resolution R123-90) Motion carried unanimousJy.
ACCEPT EASEMENT/HIDDEN CREEK EAST 3RD
MOTION by Jacobson, Seconded by Orttel, to so move. (Quit Claim Deed
giving the City easement on the unplatted part of the development of
Hidden Creek East 3rd for a watermain 100p between Lots 26 and 27 off
Swallow Street NW). Motion carried unanimously.
Regular City Council Meeting
Minutes - September 4, 1990
Page 6
LOWER RUM RIVER PERMITTING PROCEDURE
The Counc i J discussed the philosophy of the City reviewing projects
in-house versus the Water Management Board doing that review, which in
effect creates another governmental 1 eve] . The Counci 1 was reluctant
to establish another bureaucratic level with possible duplication of
duties and fees. Mr. Schrantz argued the Board has the legal
responslbility and the J labi II ty; therefore, they shouJd be involved
in reviewing al I the projects within the watershed. In that way the
Board members are aware of what Is going on in all the cities. He also
noted that the City stilI has the control and would be handling the
financing. All costs Incurred would be charged back to the developer.
Counci I also raised the concern of the Joint Powers Agreement not
being In compliance with the State Law given the changes made in the
last Legislative session. Mr. Schrantz stated the new laws In effect
push the WMO's to act more like watershed districts and to take on
more responsibility in the water quality of the districts.
Councilmembers Jacobson and Knight preferred to have everything done
In the City rather than the proposed procedure. Councilmember Perry
was not in favor of giving the management organizations more authority
but also did not want to allow each of the cities to attest to their
own projects. CounciJmember Ortte] stated it has to comply with the
law. He noted there are some major changes coming concering water
quality and either the City has to take on the function or the WMO's
wi 11 have to. He would prefer to see the cities do it but didn't
think they could. Mayor Elling agreed the WMO needs to be involved.
With a majority in favor of the proposal to have the WMO review
projects, the Counc II asked that the changes made by the Legislature
be reflected in the Joint Powers Agreement, with the item then brought
back for further discussion.
LEET VARIANCE CONTINUED
Ms. Bosell reviewed her findings regarding the background of
Ordinances 8 and 23 and the amendments. The jurisdiction over horses
was removed from the Zoning Ordinance in 1975, leading one to believe
its jurisdiction is under Ordinance 23. She also showed the contour
map of the lot which shows a one-foot drop between the 80 and 100-foot
setback, and a two-foot drop between the 80 and 120-foot setback.
Mr. Flander - stated the garage is 22 x 28 feet, and he though t I t
Is a mistake to Include it as a part of the "occupied residence" noted
in the ordinance. It is an attached garage but technlcal]y is not
part of the occupied residence.
Regular City Council Meet i ng
Minutes - September 4, 1990
Page 7
(Leet Variance Continued)
Further discussion speculated the logic for the 100-foot setback in
the ordinance may have been to create a separation between the barn
and the we]]. At the time of the ordinance, most wells were shal low,
not the deeper ones of today, questioning whether that amount of
separation still app1ies today. Also, when the ordinance was adopted,
attached garages were not required, leading one to specu]ate that
"occupied residence" meant the actual habitable dwel ling, not the
garage. Another notation was the ordinance can be interpreted to
mean that other animals such as cows and pigs can be placed closer
than 100 feet to the house, but not horses, which some felt Is absurd.
MOTION by OrtteJ that the Counc i I approve the location of a horse
barn for the property at 15357 NW Nightlngale Street based on the fact
that the structure be 100 feet or more from the property occupied
as a residence on the property not Including the garage. Motion dies
for lack of a second.
Several Counci1members disagreed with separating an attached garage
from the house. Counc I ] then noted the Water Well Construction Code
which requires a wel I to be at least 50 feet from anima] or poultry
yard or building. It was agreed to table this item to the special
meeting this Thursday, September 6, to al low time for the Staff to
determine the location of the we]1 and septic system on the lot.
Counc i ] also asked that the Equestrian Council Jook at the issue of
the amount of separation between the house and a horse barn.
MOTION by Jacobson, Seconded by Knight, to continue this to Thursday
nigh t. Motion carried unanimously.
AWARD BID/DUMP TRUCK
MOTION by Jacobson, Seconded by Perry, that the City Council accept
the low bid for a dump truck of Hoglund Bus Company of Monticello, MN,
for a 1991 International Model No. 2554 with plow, sander, and wing as
per specifications for a total price of $61,999.34. Motion carried on
a 4-Yes, 1-No (Orttel) vote. Orttel stated he realizes the City is in
dire need of another snow plow, but he believes that capita] items
should be budgeted through the General Fund budget, not an overlevy.
AWARD BID/IP88-35/PRESSURE CONTROL VALVE
MOTION by Orttel, Seconded by Jacobson, a Resolution accepting bids
and awarding contract for IP88-35, Water Tower II and appurtenances as
presented, and note that the low bid Is Rice Lake Contracting In the
amount of $36,850,00, subJect to the City Finance Officer certifying
the funds existing In the bond issue. (See Resolution R124-90) Motion
carried unanimously.
Regular City Council Meeti ng
Minutes - September 4, 1990
Page 8
CERTIFY MOWING CHARGES
MOTION by Knight, Seconded by Orttel, the Resolution as presented.
(See Resolution R125 certifying to the 1991 taxes charges for mowing
weeds at 341 Constance Boulevard NW, Andover) Motion carried
unanimously.
GRACE LUTHERAN CHURCH ASSESSMENTS
City Clerk Vicki Volk reported payment was received today from Grace
Lutheran church in the amount of $18.46 for 1990 connection charges
and $3,309.61 In payment of the 1986 principal. Pastor McKinley told
her today they would be making another payment within a couple weeks.
The Counc ¡ 1 was concerned about how far in arrears the assessment
payments are. Even though there had been an agreement with the
church, it was felt the City should on]y be expected to carry them for
two or three years. They suggested a written agreement be secured
from the Church treasurer indicating the specific dates of payment of
the assessment and a repayment schedule for the amount in arrears.
It was felt a reasonable schedule to bring the account up to date
would be within three or four years.
Mayor El ling asked for a motion directing the Finance Director to
secure such an agreement and bring it back to the Council for review
at a future date, con ti nu i ng the item at this time.
MOTION by Jacobson, Seconded by Perry, to so move. Motion carried
unanimously.
HIRE RECEPTIONIST/SECRETARY
MOTION by Orttel, Seconded by Knight, the recommendation from Staff
as presented to hire Rhonda Ristow at a starting salary of $7.42 per
hour wi th an Increase of 50 cents per hour after a successful
comletion of a six-month probationary period. Motion carried
unanimously.
SPECIAL ASSESSMENTS/TAX FORFEIT PROPERTY
After discussion, Counc i 1 agreed to forgive the assessments in the
amount of taxes the county wants from all three Jots in an effort to
se] 1 the lots.
Regular City Council Meeting
Minutes - September 4, 1990
Page 9
RIGHT-OF-WAY ACQUISITION/IP88-9/TULIP STREET NW
Counc i I discussed the situation of Paul Houle asking for an additional
$1,500 for easement along his property where the storm sewer is for
IP88-9 and why this wasn't settled at the time of the project. It was
agreed the Attorney and Mayor will talk with Mr. Houle in an attempt
to negotiate a reasonable settlement before taking the matter to
court. The item is to be brought back for further discussion after
Mr. Houle has been contacted again.
SITING/NORTHWEST AREA FIRE DEPARTMENT
Bob Peach, Chairman of the Fire Department Steering Committee,
presented maps showing the service areas of three proposed scenarios:
1) 10catlng the station at 165th and Valley Drive plus constructing an
east/west road between Round Lake Boulevard and Seventh Avenue; 2)
locating the station at 165th and Valley Drive without constructing
the road; and 3) locating the station at 171st and Val ley Drive. The
service areas were determined by 2.5 driving miles, or about five
minutes of driving time with a truck.
Mr. Peach also reviewed some of the reasons the Fire Department would
prefer the I oca tl on at 165th as outlined in his memorandum of August
30. The major reasons for wanting the cutoff constructed are for water
supply, continuity of major east/west streets, and support trucks. The
165th location for the fire station also services the City to the City
I iml ts. It is expected that the area along the river will develop in
the next 10 to 20 years, and it is an area that would not be properly
serviced if the Northwest Station is not properly placed now.
Mayor Elling suggested the Department find the maps showing driving
times from the various locations for the meeting with county
representatives Thursday evening.
Fire Chief Glen Smith stated they have reached an agreement with the
property owner of the former Conroy property at 1~9th Avenue and
Crosstown Boulevard to temporarily house a fire truck until the bridge
over Coon Creek on Crosstown Boulevard is opened up. Mayor EI ling
stated he is also sti II attempting to convince the contractor of the
project to construct a bypass. They are also looking at the
possibility of parking a fire truck at the county's garage off Bunker
Lake Boulevard. Chief Smith didn't feel anything would be gained by
housing a truck at the county building. Discussion was on the
possibility of drafting an agreement with the property owner; however,
it was agreed to walt to speak with county officials on Thursday.
GWEN VAGLE/HORSE COUNCIL APPOINTMENT
It was agreed to hold the application until after the amended
ordinance Is approved which Is suggesting the Equestrian Council be
increased to seven members, and that Ms. Vagel be SO advised.
Regular City Council Meeting
Minutes - September 4, 1990
Page 10
AWARD BID/IP90-14/CEDAR CREST/CEDAR HILLS RIVER ESTATES
MOTION by Knight, Seconded by Orttel, to approve Item 16. (See
Resolution R126-90 accepting bids and awarding contract for IP90-14,
street construction In Cedar Hllls River Estates/Cedar Crest 3rd
Addition, awarded to W. B. Mi Iler, Inc. , in the amount of $47,8902.50)
Motion carried unanimously.
DECLARE COST/PUMKIN CITY CLEANUP
MOTION by Jacobson, Seconded by Perry, the Resolution as prepared.
(See Resolution R127-90 declaring cost and directing preparation of
assessment roIl for the improvement of debris/rubbish clean up,
IP90-18, Pumkin City) Motion carried unanimous1y.
MOTION by Knight, Seconded by Jacobson, to move the Resolution as
presented (See Resolution R128-90 for hearing on proposed assessment
for IP90-18, Pumkin City to be held on October 2, 8:30 p.m.) Motion
carried unanimously.
DECLARE COSTS/IP90-14 AND IP90-2
MOTION by by Perry, Seconded by Orttel, a Resolution declaring cost
and directing preparation of assessment rol I for improvement of street
and storm drainage construction, IP90-2, for a total cost of
improvement of $$70,160.00 (See Resolution R129-90) DISCUSSION:
Counc i 1 again noted the understanding was the residents are to seed or
sod the boulevards; and if they do not, the Ci ty will come back to do
It and assess the costs by amending the assessment rolls. Motion
carried unanimously.
MOTION by Jacobson, Seconded by Perry, the Resolution for hearing on
proposed assessment for IP90-2. as prepared. (See Resolution R130-90,
hearing set for October 2. 7:30 p.m.) Motion carried unanlmously.
MOTION by Perry, Seconded by Orttel, declaring cost and directing
preparation of assessment roll for IP90-14, total cost of improvement,
$61,375. (See Resolution R131-90) Motion carried unanimously.
MOTION by Perry, Seconded by Orttel, a Resolution for hearing on
proposed assessment for IP90-14. (See Resolution R132-90) Motion
carried unanimously.
APPROVAL OF CLAIMS
MOTION by Perry, Seconded by Orttel, approve the Schedule of Bills
dated 8-31-90 in the amount of $148,076.90. Motion carried
unanimously.
Regular City Council Meeting
Minutes - September 4, 1990
Page 11
Counc i 1 went into closed session with the City Attorney regarding a
proposed settlement of the Hay I I t i ga t ion. 10:03 p.m. Meeti ng
reconvened at 10:46 p.m.
SPECIAL MEETING/THURSDAY/SEPTEMBER 6
Councilmember Knight stated he is unable to attend the special meeting
on Thursday, but asked that his concern be expressed over the
increased traffic that wi1 I occur at the Intersection of Bunker Lake
and Round Lake Boulevards once the Rum River bridge is opened. He
wanted to know the county's plans for that intersection to faci I i tate
the traffic flow.
Motion by Jacobson to adjourn. Mayor EI ling declared the meeting
adjourned at 10:52 p.m.
Respectfully submitted,
~~~k~~
Marcella A. Peach
Recording Secretary