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HomeMy WebLinkAboutCC June 4, 1991 ~ CITY of ANDOVER· Regular City Council Meeting-June 4, 1991 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items I. Public Hearing/91-5/Njordmark Dale 2. Kob's preliminary Plat, Cont. 3. Lot Split/variance-D. Norsten 4. Indian Meadows Platting Procedure 5. Ordinance 10 Interpretation 6. Compo Water Plan, Cant. 7. Local Option Sales Tax 8, WDE Consent Decree 9. Resolution/Anoka County Rifle Range, Cant. Staff, Committee, Commmission 10. Appoint Tree ~ommission 11. Adopt Policy/Interest on Escrows 12. Crooked Lake Eurasian Milfoil Management 13. Amend Resolution Accepting Old Constance Blvd. 14. Dog Ordinance Discussion 15. Approve Kennel License Renewal/P. Prior 16. Approve Temp. Non-Intox. Liquor License/Lions Club 17. Award Bid/Recycling Bldg. Concrete Apron 18. Goodwill Contract Cancellation Non-Discussion Items 19. Approve Final Plat/Creekview Crossing 20. Award Bid/Creekview Crossing/91-2 21. Receive Feasibility Report/91-l2/Red Oaks Water 22. Final payment/90-6 Mayor/Council Input Adjournment - REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 4. 1991 TABLE OF CONTENTS RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 PUBLIC HEARING/IP91-5/NJORDMARK DALE . · · · · · · · · · · · · · · 1 Resolution R076-91 to termInate . · · · · · · · · · · · · · · · 7 KOBS' PRELIMINARY PLAT . · · · · · · · · · · · · · · · · · · · · · 7 MotIon to table. · · · · · · · · · · · · · · · · · · · · · · · 8 LOT SPLIT/VARIANCE - D. NORSTEN · · · · · · · · · · · · · · · · · 8 Resolution R077-91 to approve . · · · · · · · · · · · · · · · · 8 INDIAN MEADOWS PLATTING PROCEDURE · · · · · · · · · · · · · · · · 8 MotIon for Attorney to draw up agreement · · · · · · · · · · · 9 ORDINANCE 10 INTERPRETATION · · · · · · · · · · · · · · · · · · · 9 COMPREHENSIVE WATER PLAN . · · · · · · · · · · · · · · · · · · · · 10 Resolution R078-91. Plans and specs/Crosstown watermaln loop · 10 DOG ORDINANCE DISCUSSION . · · · · · · · · · · · · · · · · · · · · 10 FEASIBILITY REPORT/IP91-12/RED OAKS WATER · · · · · · · · · · · · 12 WDE CONSENT DECREE . · · · · · · · · · · · · · · · · · · · · · · · 13 NON-DISCUSSION ITEMS . · · · · · · · · · · · · · · · · · · · · · · 14 ResolutIon R079-91. Approve Anoka County RIfel Range · · · · · 14 AppoInt Tree CommissIon . · · · · · · · · · · · · · · · · · · · 14 Resolution R080-91. Old Constance Boulevard. · · · · · · · · · 14 Approve Kennel Llcense/P. PrIor . · · · · · · · · · · · · · · · 14 Award BId/Concrete apron to Recycling BuIldIng (Mark D. Olson). 14 GoodwIll contract cancellation · · · · · · · · · · · · · · · · 14 ResolutIon R081-91. receIve feasibility, 91-12. Red Oaks Water. 14 LOCAL OPTION SALES TAX. table · · · · · · · · · · · · · · · · · · 15 ADOPT POLICY/INTEREST ON ESCROWS . · · · · · · · · · · · · · · · · 15 CROOKED LAKE EURASIAN MILFOIL MANAGEMENT . · · · · · · · · · · · · 15 APPROVE TEMPORARY NON-INTOXICATING LIQUOR LICENSE/LIONS CLUB . · · 15 APPROVE FINAL PLAT/CREEK VIEW CROSSING . · · · · · · · · · · · · · 15 ResolutIon R082-91, approvIng fInal plat · · · · · · · · · · · 16 Table of Contents MeetIng of June 4, 1991 Page II AWARD BID/CREEK VIEW CROSSING/IP91-2 . · · · · · · · · · · · · · · 16 ResolutIon R083-91. to C. W. Houle. Inc. · · · · · · · · · · · 16 FINAL PAYMENT/IP90-6 . · · · · · · · · · · · · · · · · · · · · · · 16 ResolutIon R084-91. to Ro-So ContractIng · · · · · · · · · · · 16 APPROVAL OF CLAIMS . . · · · · · · · · · · · · · · · · · · · · · · 16 MAYOR AND COUNCIL INPUT Length of meetings · · · · · · · · · · · · · · · · · · · · · · 16 ADJOURNMENT . . . . . · · · · · · · · · · · · · · · · · · · · · · 16 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 4. 1991 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Ken Orttel on June 4, 1991. 7:30 p.m.. at at the Andover City Hall. 1685 Crosstown Boulevard NW. Andover. Minnesota. CounclImembers present: Jacobson. McKelvey. Smith CouncIlmember absent: Perry Also present: City Attorney, William G. Hawkins; TKDA Engineer, John DavIdson; AssIstant CIty Engineer. Todd Haas; City Planner, David Carlberg; City Finance DIrector. Howard Koollck; City Administrator. James Schrantz: others RESIDENT FORUM Tom MIller. 2252 140th Avenue - was concerned that a study was done for water in the entire Red Oaks area based on the request of only a few people. Not everyone In his neighborhood has been contacted and they are not Interested In getting munlclpal water. Mayor Orttel stated the feasibilIty report Is on tonIght's agenda; but because of the cost. there are some concerns. If the CouncIl Is to proceed. everyone wIll be notified of a public hearing where they can gIve their opInIons. Councllmember Smith explaIned It was his understanding that the petItion was for a feasibility study only. not an IndicatIon of theIr positIon on the project. AGENDA APPROVAL MOTION by Jacobson, Seconded by Smith. to adopt the Agenda as presented with the addItIon of the Approval of Claims. MotIon carried on a 4-Yes. l-Absent (Perry) vote. APPROVAL OF MINUTES May 21, 1991: Correct as wrItten. MOTION by Smith. Seconded by McKelvey. approval of the MInutes of May 21 as written. Motion carried on a 4-Yes. l-Absent (Perry) vote. PUBLIC HEARING/IP91-5/NJORDMARK DALE Mayor Orttel. opened the hearIng at 7:37 p.m. and explained the 429 procedure for assessable city projects. Shawn Gustafson. BRA. then revIewed the existIng status of the roads In the 178th Lane/NJordmark Dale area and the proposed Improvement. ..- -. Regular City CouncIl MeetIng Minutes - June 4. 1991 Page 2 (PublIc HearIng/IP91-5/NJordmark Dale. Continued) Mr. Gustafson explaIned the roto-milIlng of the exIstIng pavement will be mixed with the existIng base material which wIll strengthen the exIsting aggregate base. The roadways wIll be wIdened to 24 feet to meet the CIty's current road standards. He reviewed the proposed storm draInage system In the area. The cost will depend on whether the boulevards are seeded or sodded. The proposed cost for the 18 benefItted lots is $4,160 if the boulevards are sodded. The estimated . cost Is $3.760 per lot If the seeding alternatiye is used. The increase over what was origInally estImated Is because of the addItIonal cost to pave 178th Lane from TulIp to Quay. for the wIdening of the roads In NJordmark Dale and for culverts and slope changes In the area. The hearing was then opened for publIc testImony. Tom Barrett. 3384 178th Lane - asked If the proposal meets the CIty's street standards. He also asked about the status of the culvert he has running parallel to the road along hIs lot. Mr. Gustafson stated the proposal does meet City standards. They dId not pick up on the culvert across his yard; but he explaIned that I t wi 1 1 have to be moved further from the road to accommodate the road width and slopIng. Mr. Barrett - stated he gets a considerable amount of water each spring on the east side. which he has no problem with. However. If It gets deeper on the west side. he would have a problem wIth that. Mr. Gustafson didn't thInk it would get deeper Mr. Barrett - asked If they have ruled out resurfacing and crack sealIng and what does Mr. Gustafson feel caused the road to deterIorate. Mr. Gustafson stated It Is stIli an option. but the CIty asked them to look Into the mIlling option. which would give a longer life to the road. WIth that and two Inches of asphalt. they are gettIng a 20-year design road which wouldn't need as much maIntenance or crack sealing. There are cheaper short-term options; however. this provIdes the cheapest over the 20-year perIod. Mr. Gustafson also felt the road probably deteriorated because the bituminous and quality control was not as good when the road was buIlt as It Is today. The road is about 16 years old. which Is close to the poJected 20-year life of roadways. It also has a lot to do with the maintenance. In a brief discussion. a resIdent estimated the road was built In 1975 by Lary Carlson. the developer. Mayor Orttel explaIned the City did not have standards for pavIng at that time. The developer was not required to blacktop the road but did that on his own. Only 1 1/2 Inch of bitumInous was required with some tolerance; so many places may have had only one Inch of bItumInous. Regular City Council MeetIng Minutes - June 4. 1991 Page 3 (PublIc Hearlng/IP91-5/NJordmark Dale. Continued) Mr. Barrett - stated from the last meeting. a lot of residents felt the City had not maintained the road properly. He wondered if somethIng could be worked out to have the City subsIdIze a portIon of those costs. Mayor Orttel stated no. explaining the CIty has maintained the polIcy of each area paying for its own improvements. Mr. Barrett - stated he pays $1.600 a year In taxes but hasn't receIved any maIntenance on the road. As a resident, he would lIke some of those tax dollars to update the road. He accused the CIty of neglIgence for years by not maIntaining their roads. Mayor Orttel explained of the tax dollars. the City only receives about $160 of It which has to go toward fIre and police protectIon. plowing roads. maintaining roads, etc. Because the City has always been careful on Its use of the tax dollars. It receives very lIttle. There is no funding available to help In such projects Mr. Barrett - stated theIr streets get plowed last. and the deputy has told his wife that he's never been out there before. Deputy Dick Albertson stated he told Mr. Barrett's wife that he has been out there many times. Dwane Novak. 3315 178th Lane - also stated they have not had any maintenance. feeling the City should have tried to fix the road In 15 years. He asked about the monies the CIty gets back from the State. Mr. Schrantz explained that it was determined that crack sealing would not do any good. so nothing was done in anticipatIon of a more permanent solutIon. Mayor Orttel explained the CIty has receIved major cuts in its funding. and the revenues are frozen despite increased growth the last three years. The City has elimInated sealcoatlng because of the expense and has gone to crack sealing; but the Mayor did not know why their streets had not been crack sealed. The CIty does not overlay streets. Mr. Novak - stated it seems that the roads deteriorated after the natural gas was Installed. There was some dIscussIon among those In the audience about the maintenance of the road. It was guessed that the Jast time the roads were crack sealed was In 1980. Mr. Schrantz stated most of the streets broke up at the time the houses were beIng constructed because of the heavy trucks. Joe Noonan. 17781 OrchId Street NW - asked what assurance they have that the CIty wIll maIntain this road so It doesn't break up In ten years. The dIscussion among some of the residents was agaIn theIr frustration with the lack of maintenance for the past ten years and that the CIty should then contribute toward the upgrading of the street. Another resident again complained their area Is the last to get plowed in the wInter. Mayor Orttel stated the Public Works Department rotates the plowing so an area Is not always first or last. -- . Regular City Council Meeting Minutes - June 4, 1991 Page 4 (PublIc Hearlng/IP91-5/NJordmark Dale, ContInued) It takes about 12 hours to clear all the streets In the CIty. Because the Public Works Supervisor was not present. the CouncIl dId not have the maintenance record for the NJordmark Dale area. Mr. Noonan - was also concerned about why the City has not maintained the roads and what they are payIng for wIth their taxes. Mayor Orttel again explained the expenses of the City. noting that the residents of Andover get more services for their tax dollars than most cities around. He also again noted that the City Is not In the posItion to subsIdize a road Improvement. nor has It ever done so In the past. If the people want It. the CouncIl wIll order It. If the majorIty are opposed, It wIll be dropped. Mr. Noonan - asked what will happen If the proJect Is not done. When he moved out. it was one-half rural. He dId not want a freeway but felt they need a decent road. Mr. Schrantz stated they will patch the holes. Bob Dlsrud. 3568 178th Avenue NW - asked why the tar Is going to be reused. He questIoned If that wouldn't gIve those In NJormark Dale a better road than those livIng on the dirt road. Mr. Gustafson explained all the roads within the project wIll have about a 20-year life. Mr. DIsrud - asked what the cost is for maintaining the gravel portion, and could any of that money go back to the homeowners toward this project. Mayor Orttel didn't know the cost but once It Is tarred. there are maintenance costs in sealcoatlng and crack sealing. Mr. DIsrud - asked how the project will be bid. Is the seeding yersus sodding option goIng to be up to the resIdents? Mr. Gustafson explained It will be advertised In the constructIon bulletin as Is done with all projects. Whether the project is seeded or sodded wi I] be up to the Council and the residents; however. the entIre project will be done the same. He recommended sodding sInce they have had better results with sod. A resIdent asked the cost dIfference between the existing 20-foot versus the proposed 24-foot width of the streets. Mr. Gustafson saId It is about $250 per lot over the entIre project. The grayel portion Is about 24 to 26 feet wide. Mayor Orttel stated there may be some liabIlIty to the City if it does not follow Its own standards when doing a project. Mr. DIsrud - asked about paving the driveways to meet existing driveways. Mr. Gustafson explaIned the cost Is based on 10 feet of paving up driveways. Bituminous driveways to the right of way will be matched. ..-. Regular City Council Meeting Minutes - June 4. 1991 Page 5 <PublIc Hearlng/IP91-5/NJordmark Dale. Continued) Mr. Dlsrud - asked why the City isn't pItchIng in to help pay for a part of thIs project. sInce apparently maintenance Is not being done. He noted a hole on hIs corner that the CIty hasn't done anything abou t . He felt the CIty should pay at least 25 percent of the project. Also. something should be done about the speed limit. Mayor Orttel stated the roads wIll be posted when the project is done. A resident asked what happens If the bIds come In lower. Mayor OrtteI explaIned that If the project comes In fIve percent higher than estImated. the policy Is to call the resIdents back In to see If they stIli want it. OtherwIse, there are no further hearIngs untIl the assessment hearing. Stanley Meester. 17821 Orchid Street NW - stated of the 18 homes. 14 are In NJordmark Dale. He felt the majority to put the road through his area should be based on 14 wIthout those on the gravel portion of 178th Lane. Everybody would lIke to see the gravel portion done. but $4.160 Is a lot of money. Mayor Orttel explained It Is considered one project. The gravel portion of 178th was Included at the request of the residents In NJordmark Dale. Mr. Gustafson explaIned the actual cost to do the gravel portion Is more than the remaining area. approximately $6.000 per lot If It stood on Its own; so in essence those In the NJordmark Dale area are helpIng to pay for that access of 178th. And the cost for doing Just the gravel portIon would be even higher than that estImate because It Is such a small project. A resident asked If It is reasonable for those In NJordmark Dale to chip In to pay to have the gravel portIon done. Mayor Orttel stated It was done once before but It would be strIctly voluntary by the residents. Another resIdent asked whether somethIng would be done at the Intersection of Quay Street. as it Is lIke quicksand In that vicInIty. Mr. Gustafson stated something would be done to correct the problem. Mayor Orttel stated there was a petItIon for Quay Street at one tIme; however. they decided agaInst It because of cost. Mr. Barrett - stated at the last meetIng 8 percent for 8 years was discussed. askIng If that Is stilI possible. Mayor OrtteI explained the interest depends on the cost of the bonds; however. It Is around 8 percent now. A flye- or eight-year time perIod Is also possible If the residents agree. DiscussIon contInued wIth several residents In the audience about what happens If the project Is not done. how do they know the City will maintaIn the new road. their accusatIons that the CIty has not adequatelY maIntaIned that road. and theIr belIef that the City should pay for a portion of the project. Regular CIty Council MeetIng Minutes - June 4. 1991 Page 6 (Public HearIng/IP91-5/NJordmark Dale. ContInued) Counc I I and Staff again noted the road will be patched if the project is not ordered. that It will be put on the regular maintenance schedule for crack sealing. that the CIty will not start subsIdizIng Improvement projects. that the City's revenues are being cut. that the CIty has never assessed for seaIcoating but may have to consider that option. that the heavy trucks and thin layer of bItuminous may have caused the deterIoratIon of roads, and that the reason It has not been sealcoated or crack sealed In recent years Is because it was felt the roads are in such a deteriorated state that It would not do any good. DIscussion was then on the petition and what the majority of the residents wish to do. The original petition has 16 In favor. 2 opposed. Mr. Meester - stated he wished to change hIs vote to a no. Mr. Noonan - understood the petitIon was for a feasIbility study. He Is agaInst the project. as he cannot afford It. Mayor Orttel read the names from the petitIon, and the following Indicated they wished to change theIr positIon from a yes to a no: Doug Strand. 3415 178th Lane NW; Jeff Weast, 3345 178th Lane NW; Bob DIsrud. 3568 178th Avenue NW; and James Larson. 17741 Orchid Street NW. The petItion stands at 10 yes. 8 no. Counc II noted that the majorIty at the meeting have expressed a desire not to haye the roads Improved. though several people were not In attendance. Mrs. Barrett - stated she and her husband went through the neighborhood to fInd an Interest In doing the project. They explained the process to the people. Other residents pointed out that the majorIty of the people are opposed. even some who are not here. Counc II noted everyone was sent a letter Informing them of the proposal and of the meeting. Those In favor of the petition expressed a desIre to have the decIsion on the project made thIs hearing. arguing thIs is the public hearing. Those opposed felt the neIghborhood should be petitIoned agaIn. as It was theIr feeling there Is a majority opposed. Mayor Orttel asked If anyone was willing to pay to have only the gravel portion paved. No one responded. Councllmember Jacobson made a motIon to proceed with the project. The motIon was not seconded. Tom ReIchert. 3520 178th Lane NW - stated he Is opposed to the project, stating he cannot afford It and he didn't know how he would benefit from It. He also noted a drainage problem on hIs lot which has not been corrected. (He was not present when the Mayor read the names from the petition.> -- , Regular CIty CouncIl MeetIng MInutes - June 4. 1991 Page 7 (Pub]Ic Hearlng/IP91-5/NJordmark Dale. ContInued) WIth that. the Counc II noted It appears to be 9 In favor. 9 opposed. whIch Is not a clear maJorIty. MOTION by Jacobson. Seconded by smIth. that based upon the 50-50 vote of the people here expressIng theIr views strongly both pro and con. and sInce It Is a spilt vote. moye to lay asIde the petition and termInate the project. (See ResolutIon R076-91) MotIon carrIed on a 4-Yes. l-Absent (Per~y) vote. HearIng closed at 9 p.m. KOBS' PRELIMINARY PLAT. CONTINUED Mr. Haas revIewed the recommendatIons of Staff regardIng the Kobs' prelImInary plat. noting the proposed varIances. Since the Item was before the CouncIl on May 21. two varIances have been elimInated and one added due to the 50-foot easement requIrement along TulIp. The dedIcatIon for TulIp Street Is recommended to be taken from the exIsting centerlIne 50 feet west. When the CIty constructs that road. It wIll have to acquIre the rest of the dedIcatIon from the adjoInIng property owners on the east side. Counc I 1 noted Lots 2 and 3 stIlI do not front on a publIc roadway because of the slIyer of land shown whIch Is not owned by Mr. lobs. Ken lobs - stated Mr. Haas gave hIm the survey that was done on the property directly east of Tulip. The silver of land Is actually much smaller. coverIng only about one-half of the way down Lot 3. WI th the 50-foot easement dedicated. It goes nIne feet Into hIs property. so Lots 2 and 3 do have 300 feet on the roadway. Mayor OrtteI argued the slIver of land belongs to someone else and cannot be dedicated to the City by Mr. lobs. Mr. Haas stated that eIther Mr. Kobs or the City could acquIre that sliver of land. Mayor Orttel stated It Is the developer's responsIbilIty. not the CIty's. Mr. lobs must obtaIn possessIon of that sIlver of land to have frontage on the road. Attorney HawkIns also stated that It Is likelY that the City only has easement over the used portIon of the road. not 33 feet as the survey IndIcates. He advised the Council could approve the prelImInary subject to the frontage problem on Lot 3 being corrected prIor to the fIlIng of the fInal plat. Mr. Schrantz thought that M~. lobs doesn't have access anywhere along TulIp If the CIty doesn't have 33 feet of easement along It. Council dIrected that the amount of easement the City has along Tulip be determined. The Counc II then discussed the other varIances on the plat. with the general feeling being there are stili too many. One suggestion was to el Imlnate a lot In the plat. whIch would elImInate most of the varIances. Regular City Council Meeting MInutes - June 4. 1991 Page 8 (Kobs' PrelimInary Plat. Continued) Mr. Kobs understood that the proposal before the CouncIl was agreed to. The plat averages 9 lots In 32.7 acres. which Is close to three acres per lot. The variances are needed because of the topography of the land. not to get an extra lot. MOTION by Jacobson, Seconded by SmIth. that we table thIs to allow the developer to 1) talk to the landowner to look at acquiring the necessary rIght of way along Tulip Street and 2) to serIously consIder droppIng one lot to remove most of the variances. understanding there stIlI will be a few varIances. but dropping one lot wIll mean a considerable number of them will be eliminated. DISCUSSION: Counc II agreed the Item Is to be tabled to a period that Is wI thIn the ordInance time requIrements. Motion carrIed on a 4-Yes. l-Absent (Perry) vote. LOT SPLIT/VARIANCE - D. NORSTEN Planning and ZonIng CommIssion ChaIrperson Randy Peek revIewed the Commission's recommendation to approve the lot spIlt of Dennis and Jeanette Norsten. 17525 TulIp Street. to two parcels of 2.497 and 2.278 acres. Mayor Orttel suggested the 50-foot rIght of way be taken along TulIp. as the City has agreed to take the needed right of way when property Is developed. Mr. Haas stated the county Is requiring 60 feet of easement along their roadways. MOTION by Smith. Seconded by Jacobson. a ResolutIon granting the lot spIlt and varIance request wIth the additIonal requIrement that the City acquIre the additional road easement of whatever Is required by Anoka County at thIs time. (See Resolution R077-91) DISCUSSION: Counc 11 noted this Is subject to the approval of the property owner. MotIon carrIed on a 4-Yes. l-Absent (Perry) vote. INDIAN MEADOWS PLATTING PROCEDURE Park and RecreatIon CommIssion Chairperson Jeff Kieffer asked the CouncIl's posItion on the request of Wayne Bachman. developer of IndIan Meadows. to have the final plat approved without the construction of the streets In exchange for the dedicatIon of some property. IncludIng a pond. to the City as a part of the Kelsey-Round Lake Park. Attorney HawkIns reviewed his opInIon of May 31. 1991, that the CouncIl can accept the deyeloper's p~oposal; howeyer. to protect the CIty, the developer should agree to restrictive covenances IndicatIng he will not sell the lots or construct houses untIl the streets are In. It Is a policy matter for the CouncIl. The City would gIve up the ImmedIate requIrement to build the roads In exchange for ImmedIate use of park property. - .... - -. Regular City CouncIl MeetIng Minutes - June 4. 1991 Page 9 (Indian Meadows PlattIng Procedure. ContInued) Wayne Backman - would lIke to have the property platted to lock Into the 2 1/2-acre lot sIze. In exchange. he would dedicate the nIne acres of land the Park Board wants for Kelsey Park. He didn't know when the land would be developed. There are about 44 lots left that he owns that are not yet developed. Further dIscussIon was the CouncIl felt the situatIon wIth the access to the park off County Road 20 and the parking lot area was already agreed to. MOTION by Jacobson, Seconded by smith, that we authorize the City Attorney to meet wIth the developer to develop language whIch would maintain the rights of the developer and rights of the CIty and come back to the Council with that contract for our revIew. DISCUSSION: Mayor Orttel felt a vote In favor of the motIon ImplIes agreement with the general concept. MotIon carrIed on a 4-Yes. l-Absent (Perry) vote. ORDINANCE 10 INTERPRETATION It was Attorney HawkIns' opInIon that If any part of a plat Is not flIed withIn sIx months followIng the approval of the prelImInary plat. the developer must fIle a request In writing for an extensIon. whIch must be acted on by the CouncIl. Mr. Schrantz stated the CouncIl has not been requIrIng the developer to ask for extension of plats that are staged. Attorney HawkIns felt that should be done. but I t Is up to the Council to determIne the length of that extensIon. Mayor OrtteI said the ordinance Is somewhat confusIng as to Just what the six-month provIsIon applIes to. as It seems to apply only to plats that have had nothing done to them. He suggested this be clarifIed. Jerry WIndschltl - felt the Idea behInd the ordinance was to look at the plats If nothIng was done for sIx months, but large plats are allowed to be staged. He felt It would be a problem If developers are requIred to replat at the end of the six-month period. Attorney HawkIns dIdn't feel the CIty wants to require the developers to replat; however. the plats wIll have to meet any new ordInance requirements that are enacted. He felt there needs to be some point In time at whIch the developer should ask for an extensIon. Wayne Backman - asked the CouncIl to strongly consIder a longer InItial period between the preliminary plat and the fInal so they don't have to come back so soon. Mayor Orttel stated that has not been a problem In the past. Council recommended those developers wIth unfIled plats over sIx months old be notifIed of theIr need to ask the Council for extensions. It was also recommended that the wordIng of Ordinance 10. SectIon 11.01 (a) be clarifIed. Council agreed that technical revisions to plats which are subject to ordinance revisions should be handled by the ARC Committee. Regular City Council MeetIng Minutes - June 4. 1991 Page 10 Counc il recessed at 10:02; reconvened at 10:16 p.m. COMPREHENSIVE WATER PLAN. CONTINUED Mr. Davidson explaIned he met wIth Mr. Schrantz. Mr. Koollck and Attorney Hawkins regarding the financial status of the water trunk fund. To date. $4.415,576 has been assessed. and $4.088.346 has been expended. It is antIcipated that by the end of this year. there will be approximately $327.230 available If all assessments to date come In. He and the Staff are recommending that the Crosstown watermain loop Is the most critical In terms of cIrculatIon in the system, which Is approximately $313,000 plus 10 percent. Of the three wells. only one can pump to the tower at City Hall at this time; howeyer. the other two wells could be modified to pump to the high tower If there Is an emergency wIth the loop. It would also be Important If areas such as Red Oaks and Northwoods came on line. Mr. Davidson stated the City Is adding approximately 240 new water connections a year. The CIty could also look at IncreasIng the water user rates of whIch a portIon should be raising revenue for a sinkIng fund for deprecIation to the present system. The City is not reserving that revenue at this time. Attorney Hawkins cautioned that the calculations are based upon all assessments being paid on time. that there is no margin for error. Conservatively. this may have to rely on some future connection charges. Mr. Davidson stated the Crosstown watermaln loop Is not an assessed project. He has prepared a letter-type feasibility report. The lIne would be placed In the right of way along Crosstown on the east side wIth the exception of one or two lots where the houses are very close to the road. Then it probably would be placed under the street. He thought the county had the upgrading of Crosstown In its five-year plan. and they will work wIth the county regarding the placement of the line. Mr. Davidson also stated there are no other large capItal projects proposed for the next ten years other than another well. MOTION by Jacobson, Seconded by smith. that we authorize TKDA to proceed with the plans and specifications and authorize them to come back to the Council with the bid costs. (See Resolution R078-91) Motion carried on a 4-Yes. I-Absent (Perry) vote. DOG ORDINANCE DISCUSSION Deputy Dick Albertson reported on the increase In the number of dog complaInts over the past two years. It is getting to the point where It Is dIfficult for them to enforce because It Is so time consuming. About one-tenth of their time Is spent on this matter. Other cities have Community Service Officers that handle dOg complaints. Such a positIon may in part be funded through dog license fees. Of the estimated 5.000 dogs in the City. only 150 to 200 are I I censed. ...- . Regular City Council Meeting Minutes - June 4. 1991 Page 11 (Dog OrdInance Discussion. Continued) Jean JanIqa - explaIned that neIghbors have moved In last January with two large dogs that are running at large and have threatened her and her daughter. The threats have Increased since the warm weather. They have been given the run around as to what can be done about It. AnImal control told her the only thing that could be done was to advise the dog owners of the CIty's leash law. Ms. JanIga stated she dId talk to the dog owner a while ago. who responded that her dogs wouldn't hurt a flea. But last week one of the dogs bit a neighbor girl. and they are being told nothIng can be done because an adult dId not wItness the Incident. And apparently the responsIbIlIty of whethe~ or not the dog Is rabid Is left to the dog owner. Her daughter Is afraid to go out any more, noting there are other dogs that also run In packs. She felt something needs to be done. Attorney HawkIns advIsed that the City has a dog ordinance which covers these cases. reviewing the procedure and consequences for violating the ordinance. If a dog continues to run at large and bites someone, It Is a criminal offense; and he can draft a crimInal complaint If there Is a wIllIngness to testify. BonnIe Leslie. 3912 North Enchanted DrIve - stated It was her daughter that got bit. explaIning what happened In the Incident. She felt It was very severe. expressing frustration at the fact that the dog owner has not been made to prove the dog had Its shots and Is entrusted with seeIng that the dog does not get sick. She Is very -uncomfortable that no one can tell her that the dog Is free from rabIes. She questioned what Is to say that the owne~s will not get rid of the dog wIthout anyone knowIng about It. Deputy Albertson explaIned the procedure they use Is to give the dog owner the optIon to quarantIne their own dogs. They do not have time to keep going back to the dog owners because there are so many dog bI tes. The State requires a 10-day quarantine; Anoka County requIres 14 days. Ms. Leslie - quipped she Is supposed to put her faith and trust In someone who has totally disregarded the leash laws. She saId she has requested to file a dangerous dog report. She also stated there Is a severe problem with dogs running In their area. In further discussIon with the resIdents and Deputy Albertson. the Council recognIzed the dog problem and explained the procedure that should be followed. Attorney Hawkins advised that even a picture of a dog violation Is suffIcIent evIdence to fIle a complaInt. He wi I 1 write to the dog owner fIrst. which usually resolves the problem without hayIng to go to court. M~. Carlberg also noted that 336 dog licenses wIll expire In 1991. and he compared license fees with some of the neighboring cities. Regular City Council Meeting Minutes - June 4. 1991 Page 12 (Dog Ordinance Discussion. ContInued) Counc II talked about possible solutions to the dog problems. though nothing specifIc was agreed to. The residents complained of not getting the correct Information about what they can do about the dogs. Attorney HawkIns suggested someone at the City be delegated to handle al I dog complaints so accurate Information regardIng the City's ordinance and procedures can be given out. Mayor OrtteI felt the hIring of a CSO deserve some attentIon and should be looked at when doing the 1992 budget. RaIsing liscensIng fees can also be looked Into. The Mayor also suggested the Staff discuss who should be handlIng dog complaInts to the poInt of whether or not legal action should be taken, wonderIng if much of it could be handled in house as the zoning enforcement is done. Penny ? - Is upset about all thIs. SInce people's time Is so valuable. she suggested requiring violators to do community service work rather than payout money. Or consider dIscount licenses for neutered dogs. Mayor Orttel stated the concern rIght now is the work Involved prior to going to court. Generally the problems are corrected before going to court. Mayor Orttel also stated the CIty Clerk Is aware of the particular Incident discussed this evening. and action will be taken. It was also suggested something be wrItten In the City's newspaper to Inform people of the problems and the ordinance requirements. Counc II also suggested this be discussed by the resIdents themselves either In neighborhoods or through the Crime Watch program, as they would be open to any suggestions from the resIdents. RECEIVE FEASIBILITY REPORT/IP91-12/RED OAKS WATER Councilmember SmIth explaIned the procedure of having the feasIbIlity report. setting the publIc hearing for resident Input. and the City policy of requirIng 51 percent In favor before ordering a project. Tom Miller - wondered about the percentages on the petitIon. as he was told only 15 people signed It. Councllmember SmIth stated many people were contacted. but not everyone. The project can also be desIgned to Include one area and not another. Mayor Ortte] felt that the cost of $5,000 Is a lot for water Is extremely high. questIoning whether It Is even necessary to go to a public hearIng. He didn't think that cost for water is feasIble since a private well can be Installed for about $4.000. WIth an agreement on the WDE site almost reached. no new wells will be allowed within a certaIn distance of the landfill site. but existing wells will be allowed to be replaced as needed. ThIs Item was acted upon later in the meetIng. ...- . Regular City Council Meeting Minutes - June 4. 1991 Page 13 WDE CONSENT DECREE The Counc iI and Attorney Hawkins spent a great deal of tIme discussing the Issues affecting the CIty of Andover in the WDE Consent Decree. In partIcular. the letter of June 3. 1991. from Margaret Coughlin on behalf of the NegotiatIng Committee. Mayor Orttel first reviewed the outcome of a meeting on May 24. 1991. regarding this issue: and though the City's concerns were not really discussed. there are no further meetings scheduled. The EPA Is saying the agreement needs to be finalized by June 7. Attorney HawkIns stated he will be receivIng a call tomorrow morning at whIch time he will need to give the City's response to the proposed agreement. The following items were discussed: CIty items - Item 1: Allow the WDE Group to tap promptly into the Crosstown sewer lIne on a temporary basis or until dIsposal Is allowed into Coon Creek. Mayor Orttel noted they will not be allowed to go Into Coon Creek. The Counc il generally agreed to allow the Group to tap Into the sewer lIne subject to the Metropolitan Waste Control Commission approva 1 . The agreement Is contingent upon not having any areas of the City's MUSA reduced. It em 2: Anodover wi I 1 allow permanent discharge Into the Bunker Lake sewer line. Counc II agreed. subject to the same answer as Item 1. It em 3: Charges for the temporary sewer hookup. Discussion was that the hookup is estImated to be 20 to 30 years. but wIll be only water running through the system. Deliberations were on what basis a charge Is to be determIned. The City Is not charging for flowage. It was finally agreed to charge an up-front flat fee of $164,000. which equates to 110 acres times the area and connection charges. The volume. trunk and lateral will not be charged. Item 4: SO-acre area of Wasteco property on the south side of the I andf il I . Mayor Orttel explained that the City is being asked to waive the permitting process for excavation. The land will be left at an elevation that can be used. He has asked that they leave about a 400-foot buffer of woods adjoining Red Oaks and zone that as Open Space so i t wIll not be developed. The City Is being asked to rezone that entIre SO acres to commercial. It was agreed to delete the sentence "The City will permanently zone this land for either lIght Industrial or commercial use.". to allow the City greater flexibility yet st ill not allow single or mUltI-family residential uses. City/County Issues: Item 1: Northwestern portion of the landfill. Apparently that area Is a part of the facIlIty and the City has no input as to what will be done. The proposal Is to remove the trees for a pond, though there Is an agreement to plant trees around the perImeter of the pondlng area. >- . Regular CIty CouncIl MeetIng MInutes - June 4, 1991 Page 14. (WDE Consent Decree. ContInued) It em 4: ClarIfy a sentence. "The CIty and County shall notIfy the WDE Group of any proposals to change exIstIng utIlity conduIts on the west side of Hanson Boulevard where It Is adjacent to the facilIty." Item 6: Land use restrictIons. The CIty Is beIng told that no new wells wIll be allowed to be drIlled wIthIn a two-mIle radIus of the landfill. Mayor Orttel noted the one area that wIll be affected Is the vacant area In the northwest. He suggested the CIty ask to be allowed to drIll a mInImum of one or two wells a year because of the hIgh cost of brIngIng water to that entIre area. The City Is being told to enact ordinances relative to a buffer zone and methane gas barrIers. Mayor Orttel stated he has asked for proof that there Is a methane gas problem; and he Is being told that there Is none. He questIoned the rIsk of enactIng an ordInance when there Is evidence showIng somethIng to the contrary. If the CIty Is going to be requIred to enact such an ordInance. the Counc II agreed to ask that the CIty be held harmless and Indemlfled by the WDE Group If any lawsuIt Is fIled or supply the technIcal support to enforce the ordInance If It Is challenged. Mayor Orttel also noted the Consent Decree uses the facIlity boundary rather than the toe of the landfIll. whIch will also affect any buffer zones or vapor barrIers that may be requIred. By usIng the facilIty boundary. the buffer zones encompass a consIderable dIstance. The Council's posItIon was the toe of the landfIll should be used. No other Issues In the letter were dIscussed. Attorney HawkIns stated he wI II forward the CouncIl's posItIon tomorrow morning. NON-DISCUSSION ITEMS MOTION by Jacobson. Seconded by SmIth. the fOllowIng Items on the Agenda for June 4 be adopted as presented: Item 9. ResolutIon R079-91 - Resolutlon/Anoka County RIfle Range Item 10. AppoInt Tree CommIssIon Item 13, Resolution R080-91 - Amend ResolutIon Accepting Old Constance Boulevard Item 15, Approye Kennel LIcense Renewal/Penelope PrIor Item 17. Award BId/RecyclIng BuIldIng. Concrete Apron to low bIdder. Mark D. Olson. $676 Item 18. Goodwill Contract CancellatIon Item 21, ResolutIon R081-91 - Receive FeasibilIty Report/IP91-12/ Red Oaks Water excludIng the public hearing. Motion carrIed on a 4-Yes. l-Absent (Perry) vote. ,- ReguJar CIty CouncIl MeetIng MInutes - June 4. 1991 Page 15 LOCAL OPTION SALES TAX CouncIl agreed to table the Item untIl they have had a chance to study It further. ADOPT POLICY/INTEREST ON ESCROWS Mr. KoolIck b~Iefly reylewed the background of payIng Interest on escrow accounts at the passbook rate. If the Council wIshes to contInue doIng so. he requested It be made a formal polIcy. MOTION by McKelvey, Seconded by smith, that the City pay Interest on the escrows at the passbook rate being paId by the bank durIng the tIme period at which the City held the funds. Motion carried unanImously. CROOKED LAKE EURASIAN MILFOIL MANAGEMENT Councllmember smIth reported varIous groups have met to dIscuss the Eruaslan Mllfoll problem on Crooked Lake. The recommendatIon from the DNR Is to treat the entire lake now for a cost of $10.000 to $15.000. and more treatments will be needed. The Crooked Lake AssocIatIon Is lookIng for support from the CIty of Andover. Jerry Plchè. President of the Crooked Lake AssocIatIon - explaIned there are a number of groups that need to coo~dInate a plan to keep the lake as fully recreatIonal as possible. There Is a meetIng scheduled for next Tuesday at the Coon RapIds City Hall. and they are lookIng for the CIty's support. Councllmember smIth agreed to serve as the City's ~ep~esentatIve In thIs matter. It was suggested that Mr. Haas. Assistant City Engineer. also attend the meeting. CouncIl agreed. APPROVE TEMPORARY NON-INTOXICATING LIQUOR LICENSE/LIONS CLUB MOTION by McKelvey. Seconded by smIth. that we Issue the lIcense to the Andover LIons for Andover Day. July 20. Motion carried on a 3-Yes. I-No (Jacobson). l-Absent <Perry) vote. APPROVE FINAL PLAT/CREEK VIEW CROSSING CouncIlmember Jacobson questIoned whethe~ some areas should be shown as exceptIons or as parks. He also questioned the silver of land above Lot 15. Regular City Council Meeting MInutes - June 4, 1991 Page 16 <Approve Final Plat/Creek View Crossing. Continued) Tony Emmerich - explained the City already holds the exception noted on the plat because It was deeded In the fIrst phase as a part of the total park dedication. The silver above Lot 15 Is the walkway to the park. The one area Is shown as an outlot because the sewe~ runs through It. Mr. Schrantz stated an outlot can be used for other things as well. Outlot A Is so labeled but wIll become a part of the next plat. MOTION by Smith. Seconded by McKelvey. the Resolution as written for the final plat of Creek View Crossing. <See Resolution R082-91) Motion car~led on a 4-Yes. l-Absent <Perry) vote. AWARD BID/CREEK VIEW CROSSING/IP91-2 MOTION by Smith, Seconded by Jacobson. the Resolution accepting the low bId and awarding the contract for the Improvement project 91-2 for sanItary sewer. watermaln. streets and storm drain for Creek View Crossing. <See ResolutIon R083-91. awarded to C. W. Houle. Inc. . for $509.214.91) Motion ca~rled on a 4-Yes. l-Absent (Perry) vote. FINAL PAYMENT/IP90-6 MOTION by Jacobson. Seconded by Smith. a Resolution acceptIng work and directing fInal payment to Ro-So Cont~actlng for Project 90-6 for the Improvement of watermaln and sanitary sewer for Lot 1. Watt's Garden Acres <See Resolution R084-91) MotIon carried on a 4-Yes. 1-Absent <Perry) vote. APPROVAL OF CLAIMS MOTION by Smith. Seconded by McKelvey. that we approve Bills and Disbursements In the amount of $193.324.33 as of thIs date. Motion carried on a 4-Yes. l-Absent <Perry) vote. MAYOR AND COUNCIL INPUT Councl] agreed that future meetings should be adjourned no later than 11:00 or 11130 p.m. MOTION by Jacobson. Seconded by Smith. to adjourn. Motion carried on a 4-Yes. l-Absent <Perry) vote. MeetIng adjourned at 12:43 a.m. ~RespectfullY ~bmltte~ ~~~.~ Ma cella A. Peach. Recording Secretary .~- .