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HomeMy WebLinkAboutCC November 5, 1991 ~ CITY of ANDOVER Regular City Council Meeting-November 5, 1991 7:30 P.M. Call to order Resident Forum Agenda Approval Approval of Minutes Discussion Items I. Assessment Hearing-Delinquent Street Lights 2 . Assessment Hearing-91-10/159th, Swallow, Quinn 3 . Assessment Hearing/88-30/Sewer & Water 4 . Assessment Hearing/9l-l4/l68th Lane N.W. 5. Assessment Hearing/91-1/Crosstown Drive 6. Kelsey Estates Final Plat, Cont. 7. Storm Drain Outlet to Ditch 37, Cont. B . Comprehensive plan Draft 9 . Lot Split/1909 - 167th Avenue N.W. 10. ordinance 10 Amendment II. Ordinance 47 Amendment 12. Ordinance 8, Section 7.01 Amendment 13. Ordinance 8. Section B.07 Amendment Staff, Committee, Commissions 14. 1992 capital Equipment/public Works 15. Water Hookup/Public Works Building 16. Review Fire Bond Coordinator Contract 17. Hepatitis B Vaccine/Fire & Rescue lB. Water Problems/Discussion 19. Fire Bond Budget Changes 20. Kobs 1st Addition Variance Non-Discussion Items 21. Accept petition/Meadow Creek Estates 22. Receive Feasibility/9l-25/Hidden Creek E, 4th 23. Order Street Light/Bunker Lake Blvd. & Jay St. 24. Accept Streets/Kelsey Estates 25. Appoint Tree Commission Chair & Acting Chair 26. Order Ad for Bids/Congregate Dining Facility 27. Certify Delinquent utilities 2B. Certify Cleanup Cost/2526-l3Bth Avenue N.W. 29. Adopt Resolution Establishing 1992 Fees 30. Accept Resignation/Bldg. Department Clerk 3I. Approve Purchase Agreement/Fire Station #3 32. Approve DNR Permit/Meadows of Round Lake 33. Approve Change Order/9l-4 34. Approve Change Order #6/Fire Station 35. Approve Final payment/Tankers 8 & 9 Mayor/Council Input Approval of Claims Adjournment REGUALR ANDOVER CITY COUNCIL MEETING - NOVEMBER 5, 1991 TABLE OF CONTENTS RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 3 ASSESSMENT HEARING - DELINQUENT STREET LIGHTS ResolutIon R168-91 to adopt assessment roll · · · · · · · · · · 3 ASSESSMENT HEARING - IP91-10/159TH. SWALLOW. QUINN ResolutIon R169-91 to adopt assessment roll · · · · · · · · · · 3 ASSESSMENT HEARING - IP88-30/SEWER AND WATER Motion to adopt (later reconsidered) · · · · · · · · · · · · · 3 ASSESSMENT HEARING - IP91-14/168TH LANE NW Resolution R170-91 to adopt assessment roll · · · · · · · · · · 4 KELSEY ESTATES FINAL PLAT · · · · · · · · · · · · · · · · · · , · 4 Resolution R171-91 to approve final plat · · · · · · · · · · · 5 ASSESSMENT HEARING - IP91-1/CROSSTOWN DRIVE ResolutIon R172-91 to adopt assessment roll · · · · · · · · · · 5 STORM DRAIN OUTLET TO DITCH 37 . · · · · · · · · · · · · · · · · · 5 LOT SPLIT/1909 167TH AVENUE NW ResolutIon R173-91 to approve lot spIlt. · · · · · · · · · · · 6 ORDINANCE 10 AMENDMENTS · · · · · · · · · · · · · · · · · · · · · 6 MotIon to adopt OrdInance 10S . · · · · · · · · · · · · · · · · 7 ASSESSMENT HEARING - IP88-30/SEWER AND WATER. CONTINUED Motion to continue hearIng · · · · · · · · · · · · · · · · · · 7 COMPREHENSIVE PLAN DRAFT . · · · · · · · · · · · · · · · · · · · · 8 ORDINANCE 47 AMENDMENT (OrdInance 47D) . · · · · · · · · · · · · · 8 ORDINANCE 8. SECTION 7.01 AMENDMENT (OrdInance 8UUU) · · · · · · · 8 ORDINANCE 8. SECTION 8.07 AMENDMENT (OrdInance BTTT) · · · · · · · 9 1992 CAPITAL EQUIPMENT/PUBLIC WORKS · · · · · · · · · · · · · · · 9 WATER HOOKUP/PUBLIC WORKS BUILDING . · · · · · · · · · · · · · · · 10 REVIEW FIRE BOND COORDINATOR CONTRACT · · · · · · · · · · · · · · 10 HEPATITIS B VACCINE/FIRE AND RESCUE · · · · · · · · · · · · · · · 10 - ~ ·0--' _ _. '-~ .- -.. - Regular CIty Council MeetIng November 5. 1991 - Table of Contents Page ii NON-DISCUSSION ITEMS ResolutIon R174-91 accept petItIon/Meadow Creek Estates. · · · 11 Resolution R175-91 FeasIbIIIty/91-25/Hldden Creek E 4th · · · · 11 AppoInt Tree CommIssion Chair (Bob WhItcraft) and ActIng ChaIr (Scott Thomas) · · · · · · · · · · · · · · · · · · · 11 ResolutIon R176-91 certify delInquent utIlItIes. · · · · · · · 11 ResolutIon R177-91 certify cleanup cost/2526 138th Ave. · · · · 11 Accept resIgnatIon/BuIldIng Department Clerk · · · · · · · · · 11 Approve Purchase Ag~eement/Flre StatIon #3 · · · · · · · · · · 11 WATER PROBLEMS/DISCUSSION · · · · · · · · · · · · · · · · · · · , 11 FIRE BOND BUDGET CHANGES . · · · · · · · · · · · · · · · · · · · · 11 MotIon to approve · · · · · · · · · · · · · · · · · · · · · · · 12 KOBS 1ST ADDITION VARIANCE . · · · · · · · · · · · · · · · · · · · 12 ORDER STREET LIGHT/BUNKER LAKE BOULEVARD AND JAY STREET · · · · · 13 ACCEPT STREETS/KELSEY ESTATES ResolutIon R178-91 acceptIng streets · · · · · · · · · · · · · 13 ORDER AD FOR BIDS/CONGREGATE DINING FACILITY . · · · · · · · · · · 14 ADOPT RESOLUTION ESTABLISHING 1992 FEES ResoJutIon R179-91 setting fees. · · · · · · · · · · · · · · · 14 ResoJutIon R180-91 establIshing servIce charges. · · · · · · · 14 DNR PERMIT/MEADOWS OF ROUND LAKE . · · · · · · · · · · · · · · · · 14 APPROVE CHANGE ORDER #6/FIRE STATION . · · · · · · · · · · · · · · 14 APPROVE FINAL PAYMENT/TANKERS 8 AND 9 MotIon to approve change orders 1489 and 1488 . · · · · · · · · 15 Motion to approye fInal payments · · · · · · · · · · · · · · · 15 APPROVE CHANGE ORDER/IP91-4 · · · · · · · · · · · · · · · · · · · 15 MAYOR AND COUNCIL INPUT (1992 tax levy) · · · · · · · · · · · · · 15 APPROVAL OF CLIAMS . · · · · · · · · · · · · · · · · · · · · · · · 15 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 15 - ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 5, 1991 MINUTES The Regular BI-Monthly MeetIng of the Andover CIty CouncIl was called to order by Mayor Ken Orttel on November 5. 1991. 7:30 p.m., at the Andover City HaJl, 1685 Crosstown Boulevard NW, Andover. Minnesota. Councllmembers present: Jacobson. McKelvey. Perry. SmIth Councllmembers absent: None Also present: City Attorney. WIlliam G. Hawkins City Planner. DaYld Carlberg City FInance DIrector. Howard Koollck Assistant City Engineer. Todd Haas PublIc Works Superintendent. Frank Stone City AdminIstrator/EngIneer. James Schrantz Others RESIDENT FORUM CharI Ie VeIman. 13646 Crooked Lake Boulevard - came before the Counc II for his annual crItIque. stating he Is very happy wIth the way the Counc II has been run this past year. He also asked the CouncIl to thank the peoIe who spent many. many hours workIng during the snow storm thIs past weekend. The resIdents appreciate the effort. Mayor Orttel stated the Staff deserves the thanks and appreciatIon. Many put in In excess of 20 hours at a time plus additIonal shIfts plowIng snow. Other Staff and family members answered phones. He talked about the difficulty of plowing the snow because of the volume and dens I ty. It was a real dIsaster. and the work Is contInuIng. Barb Deurr Drabant. 13753 PartrIdae Street - realized a lot of work was done and there was a lot of snow. But she got a petition from the residents In the neighborhood because they called and called. She wasn't sure how Public Works keeps track of what Is done and what needs to be done: because when she called on Sunday evening. she was told her streets had already been plowed. There had been no plows In their whole housing development yet. Mayor Orttel stated Red Oaks was one of the first areas to get plowed on Friday morning. and It took unt II Sunday mornIng to get through the entire City because of the extreme dIffIculty In moving the snow. WIth the addItional snow. by Sunday it was lIke they had not been plowed. Ms. Deurr Drabant - acknowledged that one pass was made on FrIday. but there was no place to turn around and emergency vehicles couldn't even get through. She asked about the procedure of who gets plowed first. Mayor Orttel stated the policy Is when there Is an emergency. the plows go ahead of the ambulance or fire trucks to respond to that emergency. He also reviewed the procedure of dividing the City Into zones; however. another difficulty was the grader had to be pulled from Its zone to plow the dirt streets because the streets were not frozen. ~. - -- ..-.---. Regular City Council MeetIng Minutes - November 5. 1991 Page 2 <Resident Forum. ContInued) Ms. Deurr Drabant - stated they were patIent untIl Monday mornIng when she stIlI couldn't get to work and the buses couldn't come In to get the chIldren to school. She also talked to Kottke Bus Company. who also wasn't plowed out so the buses couldn't get out. She felt that should be a prIority thIng. They want to be sure that this probJem Is beIng addressed for the future. whether It Is getting more plows or more people. She asked If the CIty ever rents trucks from the county. Also. Quinn Street Is really bad and needs to be addressed again. She presented a petItion. wanting to make sure that the problem of servIce Is being addressed In lIght of the fast growth of Andover. CounclJmember McKelvey stated Jay Street was plowed. As a bus driver. he stated the same problem exists In the other cities as well. There were 27 buses stuck this afternoon. Council also noted this was an extraordInary situation. and It would be foolIsh to buy enough equIpment for a 30-lnch snowfaJI that happens so rarely. The CIty plans for an 8-hour plow for up to a 12-Inch snow storm: beyond that Is a crisIs sItuatIon whIch could take Jonger. The Staff calls In whenever an area Is plowed. and that Is marked on a map; so there Is a record of what has been done. Normally the entIre street Is plowed at one time. In this case. one pass was made to open up the street and now they wilJ go back to plow curb to curb. The City could rent from the county, though not durIng a snow storm; but Andover does not. The City does work wIth the county regardIng breakdowns. technical advise. supplIes. etc. Mr. Schrantz stated the entire operation wIll be crItIqued In an effort to Improve service In the future. Paul Wlttle. 146th Lane. Hartfiel's Estates - stated they were plowed Friday nIght with one pass. and they got stuck three tImes. The grader went down again Saturday or Sunday but didn't drop the blade. It Is stIlI a problem wIth buses and other vehIcles stllJ gettIng stuck. The bend In the road Is drIfted over. Two blocks up In the new development it Is plowed much better than they are. Mayor Orttel stated HartfIel's Estates was plowed FrIday and then again on Sunday mornIng. Mr. WIttle - stated the grader went through but the blade was not down. He wanted to know when the drIfted area will get cleared out. Mr. Schrantz stated they wIll look at the problem tomorrow. AGENDA APPROVAL MOTION by Smith. Seconded by Jacobson. to approve the Agenda as presented. MotIon carried unanImously. - Regular CIty Council Meeting MInutes - November 5. 1991 Page 3 APPROVAL OF MINUTES October 15. 1991: Correct as wrItten. MOTION by Jacobson. Seconded by Perry. to approve the MInutes was wrItten. Motion carried unanImously. ASSESSMENT HEARING - DELINQUENT STREET LIGHTS 7:55 p.m. Mayor OrtteI opened the meetIng and explaIned the hearing Is to certify delInquent street lights for assessments. There was no public testImony. MOTION by SmIth. Seconded by Jacobson. to close the public hearIng. Motion carrIed unanImously. MOTION by Perry. Seconded by McKelvey, approvIng the ResolutIon adopting the assessment roll for certificatIon of delinquent street lighting charges as presented. (See Resolution R168-91) Motion carried unanimously. 7:58 p.m. ASSESSMENT HEARING - IP91-10/159TH. SWALLOW. QUINN 7:58 p.m. Mayor Orttel opened the hearIng and explained the assessment Is approximately $250 less than what was estImated at the Improvement hearing. There was no publIc testImony. MOTION by Jacobson. Seconded by Smith. to close the publIc hearing. Motion carried unanimously. MOTION by Jacobson. Seconded by Perry, the Resolution adopting the assessment roll for the Improvement of street construction for Improvement ProJect 91-10 for certification as written. (See Resolution R169-91) Motion carrIed unanImously. 7:59 p.m. ASSESSMENT HEARING/IP88-30/SEWER AND WATER 7:59 p.m. Mayor Orttel opened the hearIng for the assessment of sanitary sewer and watermaIn on Lot 3. Block 4. HartfIel's Estates as requested by the property owner. Ken Hell. There was no public testImony at thIs time. MOTION by Jacobson, Seconded by Smith, to close the public hearing. Motion carried unanImously. MOTION by Smith. Seconded by McKelvey, adopt the assessment roll for Project 88-30 as presented. MotIon carried unanimously. Because of a legal problem wIth the scheduled tIme of the hearing. the Item was reconsidered later In the meetIng. ~ . ..-_. --. Regular City Council MeetIng Minutes - November 5. 1991 Page 4 ASSESSMENT HEARING/IP91-14/168TH LANE NW 8:00 p.m. Mayor Orttel opened the assessment hearIng for the street and storm drainage project on 168th Lane. The cost Is approxImately $300 less than estimated at the Improvement hearIng. Staff Is requestIng that the assessment against Parcel #13 be deferred until the lot Is fIlled and made buildable. That cost wI 1 not be spread among the other properties. Don Kulla. 3146 168th Lane - understood the City cannot plow that street. Mr. Schrantz stated It can be plowed now because they have the permissIon of the develope~. The ~oad did not get tarred because of the snow storm. Mr. Kulla - lIves on the corner lot. The grading on the boulevard Is very hIgh there. and he would lIke It sloped gradualJy. It Is gravel and Class 5 rIght now with black dIrt on top. Glen Cook. BRA. stated the boulevard wIll be fIlled In. and someone wIll look at It In the sprIng to be sure the problem Is corrected. Stan Roshau. 2857 168th Lane - dIdn't understand why Lot 13 dIdn't have to pay an assessment. It was recently sold. Attorney Hawkins exp]aIned the CIty cannot assess when there Is no benefit to a parcel. It Is an unbuIldabIe parcel at thIs time. so there Is no benefIt to the parcel. Once fIll Is brought In to make the lot buildable. the street costs will be assessed agaInst It. Mayor Orttel explaIned that the parcel does not meet the ordInance requIrements for a buIldable lot at thIs time. The assessment wIll be held In the City's State Aid fund untIl the lot Is made buildable and the assessment Is paId. MOTION by Jacobson. Seconded by SmIth. to close the hearIng. Motion carrIed unanimously. MOTION by Jacobson. Seconded by SmIth. the ResolutIon adopting the assessment roll for the Improvement of street and storm draInage for Improvement Project 91-14 for certification. (See Resolution R170-91) Motion carried unanimously. 8:08 p.m. KELSEY ESTATES FINAL PLAT Mayor Orttel explaIned that Jerry WlndschItl. Wayne Bachman. Attorney HawkIns and Staff met to revIew the park dedIcatIon wIth regard to the exceptIon lot In thIs plat. Mr. Bachman produced a lette~ of agreement he sent to the City that the parking lot on the northern portIon of Kelsey-Round Lake Park wouJd be dedicated In exchange for other previously IndIcated park area. The Park CommIssIon met and recommended that Lot 1. Block 7 be dedicated for the parking lot of Kelsey-Round Lake Park and that the property owner be allowed to develop the exception lot In this plat. The Attorney has recommended that the park dedicatIon for this plat Include the exceptIon lot. Regular CIty CouncI] Meeting MInutes - November 5. 1991 Page 5 (Kelsey Estates Final Plat. Continued) Jerry WIndschItl. Developer - stated the amount of park dedicatIon was researched and Is sufficIent to Include the exception lot. Attorney Hawkins advIsed that Mr. Bachman should submit a letter acknowledging the agreement regarding the dedication for the parkIng lot in Kelsey-Round Lake Park. Mr. WIndschItl - asked that Item 2. Park DedicatIon as dete~mIned by the Park and Recreation CommIssion. under "Be It further resolved" In the prepared resolutIon be deleted because that has already been done and indicated on the preliminary plat. MOTION by McKelvey. Seconded by SmIth, the Resolution approvIng the fInal plat of Kelsey Estates as being developed by Jerry and Carol Windschltl In Section 19 & 20-32-24. deletIng Item 2. Park DedIcatIon as determined by the Park and RecreatIon CommIssion; subject to a letter of agreement between the present owner of the remaInder of the prelimInary plat on the exchange of the park; subject to revIew by the CIty Engineer as to the area for the park dedIcatIon for the plat. (See ResoJutIon R171-91) Motion carried unanImously. ASSESSMENT HEARING/IP91-1/CROSSTOWN DRIVE 8:15p.m. Mayor Orttel called the hearIng to order for the street and storm draInage project on Crosstown Drive. The proposed assessment Is $292 pe~ unIt at 8 percent Interest for fIve years. There was no publIc testImony. MOTION by Jacobson, Seconded by Smith. to close the publIc hearing. Motion carried unanImously. MOTION by Pe~ry. Seconded by Smith. the Resolution adotpIng the assesmen t ro I J for the Improvement of street constructIon. IP91-1. for certifIcation. (See Resolution R172-91) Motion carrIed unanimously. 8: 18 p.m. STORM DRAIN OUTLET TO DITCH 37 Mr. Schrantz stated the Coon Creek Watershed Board tabled the applIcation for a permIt for the project to drain the 159th Lane pond to the wetJand on the Warren p~operty. then lower the culvert under their drIveway and clean the dItch along NIghtIngale Street to Ditch 37. The permIt wIll be dIscussed by the Coon Creek Watershed Board In three weeks. The Counc I I agreed to place the Item on the December 3. 1991. agenda. Regular CIty CouncIl Meeting Minutes - November 5. 1991 Page 6 LOT SPLIT/1909 167TH AVENUE NW MOTION by Jacobson, Seconded by SmIth. the Resolution as presented granting the lot spIlt request of Norman Stout to create two parcels pursuant to Ordinance No. 40. (See ResolutIon R173-91) Motion carrIed unanimously. ORDINANCE 10 AMENDMENTS Mayor Orttel revIewed the proposed change to Section 9.03g Cul-de-sacs, to require a temporary cul-de-sac at the end of streets that wi) 1 contInue In the future when the length exceeds 160 feet from the centerline of the intersecting street. The cul-de-sac Is requIred to have a minImum dIameter of 80 feet. He had some concern that every temporary cul-de-sac wIll have to be paved totally. because it Is very costly. Mr. Carlberg argued It costs the CIty a lot of time when maintainIng temporary cul-de-sacs that are graveled on the sides Instead of blacktopped. There Is no place to put the snow on smaller cul-de-sacs. There was some dIscussIon on the matter of having ·mlnlmum maintenance· roads. especIally on the stub streets where no houses are seryed. Mayor Orttel felt It would be a good Idea for the Road Committed to address that Issue. DIscussIon was also on Section 9.06a(3). Areas LackIng MunIcipal Sanitary Sewer wIthin the Urban Service Area. Counc I J rea Ii zed the addItion Is transferred from another ordInance but was concerned wIth the controversy over the use of mottled soils. Dave Almgren, BuildIng OffIcial, explaIned the occurrence of mottled soils IndIcates that water was there at some tIme. though It may not necessarily be there now or It may rIse to that point In the future. It Is used as a guldeJlne of where water could be. The requirement Is In the SeptIc System Ordinance. and State law requIres the lowest floor of the spetlc system to be a mInimum of three feet above the mottled soils. Mayor OrtteI was concerned about dIstinqulshIng between mottled soIls and Iron flecks In the soils. and about determIning whether mottled soIls means the high water mark or Is it a glacial placement of the sol Is. Mr. Almgren stated engineerIng data can prove If the water table has been lowered or whether there Is a hIgh content of iron In the sol Is. They can use that engIneerIng data when It is available. Mayor Orttel was satisfIed with the reference to mottled soIls as Jong as there Is a way to refute It. The following changes were made to the proposed amendment: Section 9.03g. ·...nlnety three (93') feet In the Urban Service Area and the Rural ServIce Area. Temporary cul-de-sacs shall be required In al I new subdivIsions to make provIsIons for the contInuation of future streets...· Regular City CouncIl Meeting MInutes - November 5. 1991 Page 7 <Ordinance 10 Amendments. Continued) SectI on 11. 0 la. ·...shall be subject to the rIght of the City to adopt new or revIsed plattIng and subdivisions regulations." MOTION by Perry. Seconded by SmIth. the adoption of the OrdInance 10 amendment as amended. (OrdInance 10S) Motion carried unanImously. ASSESSMENT HEARING/IP88-30/SEWER AND WATER. CONTINUED MOTION by McKelvey. Seconded by Perry. to reconsIder the assessment hearing for IP88-3D sewer and water. Motion carried unanimously. 8:38 p.m. Mayor Orttel reopened the hearIng. Ken He I I . 1425 Andover Boulevard - asked about the City's policy to assess for sewer and water on vacant lots. as he understood the vacant lots in Hartfiel's Estates would not be assessed until the sewer and water project was done. The Counc I 1 clarified the assessment Is for the lot with the house whIch he petItIoned for (Reference August 29. 1988. letter from Ken Hell petItionIng for sewer and water to Lot 3. Block 4. Hartfiel's Estates). Mr. Hell - misunderstood which lot was beIng assessed. He stated that lot Is now owned by hIs son. who should have receIved thIs notIce. He was also confused by the letter regardIng the payment of the assessment. Attorney HawkIns stated the maIlIng should have gone to the property owner listed on the tax records. Mr. Schrantz revIewed the policy regarding any early payment of the assessment. Mr. Hell - stated when the sewer and water was put In. the road was lowered three feet and some Class 5 brought in. The Class 5 Is all gone and the road Is very bad. especially wIth the traffic from the development to the north. He dIdn't understand why so much fl]l was taken from the road or why the CIty dIdn't put a thIn layer of blacktop on the road to tie Into the northern develoment to handle a]l the traffic. CouncIl explained It was thought that the sewer, water. and streets would be put In Hartfiel's Estates; however. that was turned down by the majorIty of the resIdents. The CI ty wIll look at that problem. Mr. Koollck explaIned the assessment must be certifIed to the county by November 30. CouncIl agreed to table the hearing to the next regular meeting to allow for the notifIcation of the current property owner of Lot 3. Block 4. HartfIel's Estates. MOTION by Orttel. Seconded by Smith, to continue the public hearing to the next meeting. MotIon carried unanimously. 8:51 p.m. - ..-- ,,- Regular City CouncIl MeetIng MInutes - November 5. 1991 Page 8 COMPREHENSIVE PLAN DRAFT The CouncIl had lIttle tIme to revIew the Comprehensive Plan draft as the agenda material was deJIvered late because of the snow storm over the weekend. Also, because of the length of this evening's agenda. It was agreed to table the Item to a special meetIng on Thursday. November 14. Rosella Sonsbety - stated she would not be able to attend that evenIng but asked that her request be honored to Include a portion of her land In the Coon Rapids Interceptor area permanent]y. Counc I 1 generaJIy agreed wIth that request. A special meeting was schedu]ed for Thursday. November 14. 7:30 p.m.. to discuss the Comprehensive Plan draft. Counc II recessed at 8:57: reconvened at 9:13 p.m. ORDINANCE 47 AMENDMENT CouncIlmember Jacobson recommended the followIng change to the draft: Section 2. 2.2. ·Consumptlon or possession of alcoholIc beverages Is not al lowed In city parks unless a permit Is obtained under Section 2.3A." Robert Padula. 4630 173rd Avenue - questioned how dIfficult I t Is to get a permIt and asked whether this applies to family gatherIngs and reunIons as well. CouncIl explained the amendment means the consumption or possession of alcoholIc beverages Is not allowed In any city park unless a permit Is approved by the CIty CouncIl. It Is necessary to regulate and control that use to prevent abuse. MOTION by SmIth. Seconded by Jacobson, the amendment of OrdInance 47 as changed by CouncIlmember Jacobson. (Ordinance 47D) MotIon carried unanimously. ORDINANCE 8. SECTION 7.01 AMENDMENT Randy Peek. Planning and ZonIng CommIssIon ChaIrperson. reviewed their recommendatIon to approve the amendment to Ordinance 8 to allow rural agrIcultural uses outside the Metropolitan Urban Service Area in the R-2 and R-3 zones on five or more contiguous acres. MOTION by Jacobson. Seconded by SmIth. the ordinance amendment of Ordinance 8, SectIon 7.01 as presented. (OrdInance 8UUU) Motion carried unanimously. Robert Padula. 4630 173rd Avenue - asked what will happen regarding the certifIed letter he receIved from the City to discontinue his operatIons. Mr. Carlberg stated he will submit a Jetter to Mr. Padula that he wi II not be prosecuted In light of thIs ordinance change. -- .0-- ,,_ _ . Regular City Council Meeting MInutes - November 5. 1 qq1 Page q ORDINANCE 8. SECTION 8.07 AMENDMENT Bob Peach. FIre Bond Coordinator - felt the ordinance amendment proposed by Staff arbItrarily sets 100 square feet as the maxImum size for sIgns on Institutional and publIc buIldIngs In resIdentiaJ areas. and requires a Special Use Per-ml t for signs of 32 to 100 square feet. He suggested the maxImum sIze of the sign be dependent on the size of the buIldIng. CouncIImember Perry stated she has observed that many signs and monuments are quite small. She Is concerned wIth allowing too much and agr-eed wIth the SpeclaJ Use Permit process for Institutions. Mayor Ortte I agreed with the sIze of the sIgn being proportIonate to the size of the buI JdIng. They are dealIng with IdentifIcatIon signs only. not advertising. The amendment as proposed does not deal wi th the sIgns on the CIty's water towers, which would stIli be out of compJIance if this amendment Is passed as is. He suggested water towers be exempted at this time to resolve the problem. Counci I member Perry dIdn't feel the water towers are buIdIngs applIcable under the ordInance. She fe It there Is no problem wIth the lettering on the water towers. There was some dIscussion on whether- two permIts would be required for FIre StatIon #2. one for the IdentificatIon and one for the address. Mr. Carlberg thought the sIgn ordinance Is not appJlcable to addresses. The debate continued on the Issue. after whIch the following motion was made: MOTION by Sml th. Seconded by Perry. the amendment to Ordinance No. 8 on the signs as presented. (Ordinance 8TTT) Motion carried on a 4-Yes. I-No <Orttel) vote. The Mayor stated the ordInance does not address the signs on the water towers. whIch are out of complIance. 1992 CAPITAL EQUIPMENT/PUBLIC WORKS Mr. Stone revIewed the Items proposed for capItaJ purchases in 1992: one new truck. plow, wing and sander: hot box for patchIng streets; new bobcat; parks tandem trailer; tractor with rear and sIde mount and front-mounted broom; one Toro; and a four-wheel drIve pIckup with plow. for an estImated total of $189.500. Counc i I reviewed the present levy for equIpment certificates and those that wIll be paId off In 1992 and 1993. Because the budget Is already set for 1992. the only savings In 1993 Is $36.807 The CIty could refinance approximately $40.000 worth of annual payments with no change in the tax levy. Mr. KooJlck stated a portion of the expense wi I I come from the sewer and water funds for those Items that are used In the sewer and water departments. He also noted that there wIll be a decrease each year on the levy for the Fire Department bonds as the interest gets to be less and less. Regular City CounclJ Meeting Minutes - November 5. 1991 Page 10 <1992 Capital Equipment/PublIc Works. Continued) Counc i I then suggested that Mr. KooIick determine the amount of prIncIpal for an equIpment certifIcate that would equate to a $45.000/year payment. and that Mr. Stone obtain more accurate costs for the Items needed but to stay withIn that amount of principal. WATER HOOKUP/PUBLIC WORKS BUILDING Mr. Stone stated he dId not have the figures for the hookup of CIty water to the PublIc Works building. but they are recommending that project be done when Well #4 Is constructed. They will stI I I need the pump motor and pump for the present well and an air release setup to bai I the well as recommended at the October 15. 1991, meetIng. MOTION by Perry. Seconded by Smith. that we authorIze Staff to Install a 10 HP pump motor and pump as proposed In the amount not to exceed $5.000 and that the monies be taken from the PIR Fund. Motion carrIed unanimously. REVIEW FIRE BOND COORDINATOR CONTRACT Mayor OrtteJ stated It was hoped that the buIldIngs would be completed by October 1. 1991. and the motion to approve the contract Included a revIew of that contract. The agreement runs to December 31. 1991. at whIch time all expendItures are to be completed. Bob Peach. Bond CoordInator - stated the buIldings are behInd schedule. They are In the process of moving Into StatIon #1 and making It ready for service. StatIon #2 should be completed wIthIn the next week or two. FIve of the sIx trucks have been delivered: the sIxth one wIll be delIvered within a few weeks. He also revIewed the work that remains to be done on the project. No Counc II actIon was taken. HEPATITIS B VACCINE/FIRE AND RESCUE FIre Chief Glenn Smith revIewed the proposal to offer HepatitIs B Vaccinations for alJ FIre and Rescue personnel. The FIre Department recommends contracting wIth the BloomIngton Public Health Department for these vaccInatIons because they are the Jeast expensive. It Is voluntary for all FIre and Rescue personnel, but OSHA requIres that it be offered by the CIty. He hoped the program could begIn thIs year and be funded from both this year's and next year's budgets. Attorney Hawkins advIsed he saw no probJem with the proposed consent/ refusal form regardIng thIs Issue. Mr. KoolIck advised that any expendItures generated thIs yea~ must come from this year's budget. - ·0-- ..__ . - Regular City CouncIl MeetIng MInutes - November 5. 1991 Page 11 (HepatItIs B VaccIne/FIre and Rescue. ContInued) Chief SmIth stated he would pursue the fundIng further relatIve to admInIsterIng one shot thIs year and the remaInIng two vaccines In 1992. Council gave conceptual approval of the program but asked that ChIef Smith determIne how many IndIvIduals wIll be takIng the vaccInatIons, to check wIth BJoomIngton PublIc Health regardIng the schedulIng and bII ling. and to recommend where the funds wIll come from. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by SmIth. In the affirmatIve the following Agenda Items: No. 21, Resolution R174-91 - Accept PetItIon/Meadow Creek Estates No. 22, ResolutIon R175-91 - ReceIve FeaslbIIIty/91-25/HIdden Creek East Fourth AddItIon No, 25. Appoint Tree Commsslon ChaIr and ActIng ChaIr (Bob WhItcraft. Chair; Scott Thomas. Acting ChaIr> No. 27. Resolution R176-91 - CertIfy DelInquent UtIlItIes No. 28. Resolution R177-91 - Certify Cleanup Cost/2526 138th Avenue No. 30. Accept ResIgnatIon BuIldIng Department Clerk No. 31. Approve Purchase Agreement/FIre StatIon #3. DISCUSSION: Mr. KoolIck noted the letter from a resIdent askIng to pay hIs delinquent utIlItIes on a monthly basIs until It Is paId In full. Other people have made sImlllar requests; however. the polIcy has been to certify the dellquent utilIties rather than set up payment plans through the CIty offIces. Council agreed to retaIn the exIstIng polIcy. MotIon carrIed unanimously. WATER PROBLEMS/DISCUSSION Council revIewed the water problems as outlIned In the Agenda materIal by Mr. Schrantz. GIven the late hour and the complexIty of the Issues. It was agreed no decIsIons could be made this evenIng. It was recommended the problems be prIoritized and that one probJem be put on the CouncIl agenda at a tIme. In the cases where the responsible partIes can be IdentIfied. they should be called together to resolve the sItuation. such as In Item #2. the Rose Street cul-de-sac at the CIty lImits wIth Coon RapIds. FIRE BOND BUDGET CHANGES Bob Peach. Bond CoordInator - revIewed the proposed additions and changes to the FIre Department Bond budget. CouncIJmember Jacobson Regular CIty Council Meeting MInutes - November 5, 1991 Page 12 (FIre Bond Budget Changes. Continued) repeated hIs objectIon to the proposal to an overnIght program for fIre protectIon. He also opposed the expense for the wall beds. feelIng the cost per bed. as well as the additIon of some of the other Items such as the defibrillator, are too extravagant. Councllmember SmIth felt the beds would be used. poIntIng to the emergency thIs last weekend where firefIghters dId sleep at the station In order to provide better servIce. Mr. Peach expJalned the beds are Industrial-type and fold up so the room can be used as a meetIng room. BuyIng the beds. mattresses and cabInetry separately would result In almost the same cost. He also explained the advantages of the overnight prog~am to Increase fire protection wIthout having to go to a full-time paid Department. It Is expected there wIll be fIrefIghters sleepIng at the FIre StatIon durIng the day as well. which will also increase servIce at a lower cost and wI] ] elImInate the need to pull PublIc Works employees off their Jobs for many day calls. Several other departments have Implemented thIs program. It Is a wise use of volunteer service whIch wIll greatly prolong the tIme before a full paId department Is needed. CouncIlmember Perry did not agree wIth spendIng all of the funds In the bond. She was not sure the people knew that they were votIng for some of these Items. She feJt the statIons should be adequately equIpped; but If $25.000 to $50.000 could be saved. so much the better. Mr. Peach explaIned he is buyIng Items out of the bond that would ordinarIly be purchased from the Fire Department budget. He felt It makes good sense to use the bond funds as wisely as possible and to purchase those items whIch would be asked for by the Department in the coming years. CouncIlmember McKelvey suggested the polIcy of overnights be addressed by the Public Safety CommIttee. Mr. Peach agreed. MOTION by Smith. Seconded by Perry. that we approve the FIre Bond budget changes as written. Motion carried on a 3-Yes. 2-No (Jacobson. Perry) vote. CouncIlmember Jacobson stated he only objects to one or two of the changes. not all of them. Councllmember Perry was not opposed to the purchases but to the phIlosophy of "spend". KOBS 1ST ADDITION VARIANCE Ken Kobs. DeveloDer - detaIled the problem on Lot 1. Block 1. of Kob's FIrst AddItIon In meetIng the 150' x 150' building pad. The Jot exceeds the 39,000 square foot buIldable area. but the wIdth of the building pad can only be 85 feet on the top because of the sloping requIred when fIlling the low area to the south. He is buildIng up the front of the lot by 10 feet. whIch he Is wIllIng to do. The actual buildIng pad area over 10 feet wIll be 120' across the front. ReguJar City Council Meeting MInutes - November 5. 1991 Page 13 (Kobs 1st Addition Variance. Continued) Dave Almgren. BuIlding OffIcIal. stated he has strictly held to the 150' x 150' pad since the ordinance was passed. and he dId not want to set a precedent of varyIng from those dImensIons. To retain the pad size, he recommended moyIng the lot lines to the north and varyIng from the acreage on Lot 3. Mr. Kobs stated to move the lot lInes would requIre a redrawIng of the plat. and It Is all ready to be finaled. It would be very costly. He Is also buildIng a house on Lot 2. whIch wlJI be his personal resIdence. After some discussIon. the Counc II felt that there Is a consIderable amount of high. dry buIJdable area on Lot 1. There are extenuating cIrcumstances on this lot because of the mInImum heIght requIrement from the road. the 2-to-l slope needed In the fIlled area. and the fact that a house Is already being buIlt In Lot 2. Because the problem has more to do wIth the road eleyatIon than the soIls condItion. the Counc I 1 felt I t Is a very unique sItuation In which a variance should be granted on the size of the buIldable pad. Wi th that varIance. all three Jots would meet both the mInlmlm acreage and the 39.000 square-foot requirement. Staff was asked to prepare a resolutIon for the next meeting to grant a varIance on the width of the buIldIng pad because of the extenuatIng circumstances so that It cannot be used as a precedent in the future. The Item Is to be placed on the November 19. 1991. CouncIl agenda. ORDER STREET LIGHT/BUNKER LAKE BOULEVARD AND JAY STREET MOTION by Smith. Seconded by McKelvey. to so move. MotIon carrIed unanImously. ACCEPT STREETS/KELSEY ESTATES Mr. Haas explaIned the plans were approved for 100-foot cul-de-sacs. but they were built to 93 feet. Because of the change In the ordInance this evening, the 93 feet Is In complIance. Jerry WIndschItl - stated the uncompleted Items were covered In the motion made earlIer this evenIng to approve the final plat. He wi] 1 escrow for the Items per that earlier motIon. Mr. Schrantz asked for a letter from Mr. WIndschItl as to expected dates the items wIll be completed and estImated costs to be escrowed. MOTION by Smith. Seconded by Jacobson. a Resolution acceptIng the final street constructIon of Kelsey Estates as being developed by Jerry and Carol WIndschItl. as presented. (See Resolutln R178-91) MotIon carrIed unanImously. Regular City CouncIl Meeting Minutes - November 5. 1991 Page 14 ORDER AD FOR BIDS/CONGREGATE DINING FACILITY Dave Almgren. BuildIng OffIcIal. explaIned they wIll contact contractors to submit a proposal and bId for a congregate dinIng facIlity In the SenIor CitIzens Center. Those drawIngs will then be submItted to the Health Department. Mr. Carlberg has been meetIng wIth the Senior CItIzens regarding thIs matter. Funding wIll come from the CIty's CDBG funds. MOTION by Perry. Seconded by SmIth. to order an ad for bIds to Improve the SenIor Center to a congregate dInIng facIlIty. Motion carrIed unanImously. ADOPT RESOLUTION ESTABLISHING 1992 FEES Councllmember Jacobson stated he receIved a calJ regardIng the hIgh cost of the Junkyard lIcense fees. A proposal was to assess the charges agaInst those yards that requIre the addItional InspectIons. not penalIze everyone by IncreasIng fees across-the-board. Mr. KoolIck stated the fees were actually raised last year. but the yards were not bIlled at the hIgher rate due to an oversight by the offIce. After further dIscussion. the Counc II generally agreed wIth the proposal to assess the costs for addItional Inspections to the affected yards and to retaIn the lIcense fees at $750. Staff was asked to recommend an amount to be charged for addItIonal Inspections. It was agreed to review the Item agaIn next year. MOTION by Jacobson. Seconded by Perry. the ResolutIon settIng fees for permIts. rezonIngs. SpecIa] Use PermIts. varIances. platting lIcense fees. etc., as presented by Staff. and also the ResolutIon establIshIng service charges to be collected for well and septic Jocate. specIal ssessment search. cIty maps. zoning maps, copies. wage assIgnments. OrdInances 8 and 10. other ordinances. notary. and bad check fees, as presented. (See ResolutIon R179-91 settIng fees and ResolutIon R180-91 establIshing servIce charges) MotIon carried on a 4-Yes. I-No (McKelvey) vote. CouncIlmember McKelvey felt the Junkyard lIcense Is too high. APPROVE DNR PERMIT/MEADOWS OF ROUND LAKE Mr. Haas asked to have thIs Item tabled to the next meetIng pendIng further Information and research. Counc 11 agreed. APPROVE CHANGE ORDER #6/FIRE STATION MOTION by Jacobson. Seconded by McKeJvey, approval of Change Order No.6 to the Andover FIre StatIons #1 and 2 as presented tonight wIth the deletIon of Item #8. whIch Is street address numbers In the amount of $576.00. MotIon carried unanimously. ~ ."--.. - Regular CIty CouncIl Meeting MInutes - November 5. 1991 Page 15 APPROVE FINAL PAYMENT/TANKERS 8 AND 9 MOTION by SmIth. Seconded by Perry. to approve change orders dated 10-15-91 on Job Orders 1489 and 1488 as presented for $925 and $1185. Motion carried unanimously. MOTION by Perry, Seconded by SmIth. the approval of the final payments of Tanker No. 8 In the amount of $49.906.48 and Tanker No. 9 In the amount of $925.00 for a total of $50.831. 48. Motion carried unanimously. APPROVE CHANGE ORDER/IP91-4 Mayor Orttel explaIned the homeowners have agreed to the proposal to construct the storm sewer necessary to control the pond elevatIon on Pond C In Hills of Bunker Lake 4th AddItIon. The developer Is payIng for the change order. MOTION by McKelvey, Seconded by SmIth. approval of Change Order for IP91-4 for the addition of $24.644.00. MotIon carrIed unanImously. MAYOR AND COUNCIL INPUT Mr. Koollck referenced his memorandum to the Council regardIng the tax levy for 1992. The notices were sent out by the county today showIng Andover has a 64.5 percent Increase In taxes. If people want. he can calculate their estimated tax Increase for theIr property. The majority of the increase is the result of the Fire Department bond. APPROVAL OF CLAIMS MOTION by Perry. Seconded by Smith, approval of the Schedule of Bills dated 11-4-91 In the amount of $172.985.99. MotIon carrIed unanImously. MOTION by Perry to adjourn. Mayor Orttel declared the meeting adjourned at 12:05 a.m. Respectfully submitted. \~ GL~~ Marc lla A. Peach Recording Secretary - ..--..- -.