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HomeMy WebLinkAboutCC October 15, 1991 ~ CITY of ANDOVER Regular City Council Meeting - October 15, 1991 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Special Use Permit/Riverdale Church 2. Lot Split/2206 - 145th Avenue N.W. 3. Variance/Fire Station *2 4. Wayne Holmberg Sketch plan 5. Meadows of Round Lake Sketch Plan 6. Kelsey Estates Final plat 7. Ordinance B, Sec. 4.05 Amendment B. Ordinance 10 Amendment 9. Genthon ponds/Accept Streets. Con t. 9:00 P.M. Union Contract Negotiations Staff, Committee, Commission 10. Uses in Industrial District II. Comprehensive Plan Consultant Contract 12. Purchase Motor for Grader 13. Replace Pump Motor/Public Works Well 14. Capital Equipment Purchases/Public Works 15. Fire Department Bond Budget 16. Storm Drain Outlet to Ditch 37 Non-Discussion Items 17. Approve Resolution/street Const/Olesen's 2nd lB. Accept Petition/9l-25/Hidden Creek E. 4th 19. Certify Mowing Charges 20. Certify Sewer Hookup Charges 2I. Declare Costs/91-1. 91-10, 91-14 22. Declare Cost, Order Assessment Hearing/BB-30 23. Receive September Financial Statements Mayor/Council Input Approval of Claims Adjournment ~ ~ ..-_. - REGULAR CITY COUNCIL MEETING - OCTOBER 15. 1991 TABLE OF CONTENTS AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · 1 SPECIAL USE PERMIT/RIVERDALE CHURCH . · · · · · · · · , · · · · · 1 ResoJutIon R153-91 - ApprovIng permIt · · · · · · · · · · · · 2 LOT SPLIT/2206 145TH AVENUE NW Resolution R154-91 - ApprovIng lot splIt · · · · · · · · · · · 2 VARIANCE/FIRE STATION #2 · · · · · · · · · · · · · · · · · · · · 2 Motion to table · · · · · · · · · · · · · · · · · · · · · · · 3 WAYNE HOLMBERG SKETCH PLAN · · · · · · · · · · · · · · · · · · · 4 MEADOWS OF ROUND LAKE SKETCH PLAN . · · · · · · · · · · · · · · · 4 KELSEY ESTATES FINAL PLAT . · · · · · · · · · · · · · · · · · · · 5 Motion to table · · · · · · · · · · · · · · · · · · · · · · · 7 ORDINANCE 8, SECTION 4.05 AMENDMENT MotIon to table · · · · · · · · · · · · · · · · · · · · · · · 7 NON-DISCUSSION ITEMS Resolution R155-91 - Approve street construction/Olesen 2nd · 8 ResolutIon R156-91 - Accept petltlon/IP91-25 . · · · · · · · · 8 Resolution R157-91 - Certify mowing charges · · · · · · · · · 8 ResolutIon R158-91 - Certify sewer hookup charges · · · · · · 8 ResolutIon R159-91 - Costs/Assessment roll/IP91-1 · · · · · · 8 Resolution R160-91 - Set hearlng/IP91-1 · · · · · · · · · · · 8 Resolution R161-91 - Costs/Assessment roll/IP91-10 · · · · · · 8 ResolutIon R162-91 - Set hearlng/IP91-10 · · · · · · · · · · · 8 Resolution R163-91 - Costs/Assessment roll/IP91-14 . · · · · · 8 ResolutIon R164-91 - Set hearIng/IP91-14 . · · · · · · · · · · 8 Resolution R165-91 - Costs/Assessment roll/IP88-30 · · · · · · 8 ResolutIon R166-91 - Set hearlng/IP88-30 · · · · · · · · · · · 8 Receive September FinancIal Statements. · · · · · · · · · · · 8 ORDINANCE 10 AMENDMENTS . · · · · · · · · · · · · · · · · · · · · 8 Motion to table · · · · · · · · · · · · · · · · · · · · · · · 9 GENTHON PONDS/ACCEPT STREETS Resolution R167-91 - Accept streets · · · · · · · · · · · · · 10 Motion to release Letter of Credit · · · · · · · · · · · · · · 10 USES IN INDUSTRIAL DISTRICT (Towing BusIness) · · · · · · · · · · 10 COMPREHENSIVE PLAN CONSULTANT CONTRACT · · · · · · · · · · · · · 11 PURCHASE MOTOR FOR GRADER (Approved) · · · · · · · · · · · · · · 11 REPLACE PUMP MOTOR/PUBLIC WORKS WELL · · · · · · · · · · · · · · 11 Regular CIty Council Meeting - October 15. 1991 Table of Contents Page Ii FIRE DEPARTMENT BOND BUDGET MotIon to release funds · · · · · · · · · · · · · · · , · · · 12 CAPITAL EQUIPMENT PURCHASES/PUBLIC WORKS · · · · · · · · · · · · 12 STORM DRAIN OUTLET TO DITCH 37 · · · · · · · · · · · · · · · · · 12 APPROVAL OF CLAIMS . . . . · · · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . . . . . . . · · · · · · · · · · · · · · · · · · · 13 .~-- . ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 15. 1991 MINUTES The Regular Bi-Monthly MeetIng of the Andover CIty CouncIl was called to order by Mayor Ken Orttel on October 15. 1991; 7:30 p.m., at the Andover City HaIJ. 1685 Crosstown Boulevard NW. Andover, Minnesota. CounciImembers present: Jacobson (arrIved at 7:36 p.m.). McKelvey. Perry, Smith Councilmembers absent: None Also present: City Attorney. WIlliam G. HawkIns Planning and Zoning Commission Chairperson. Randy Peek AssIstant CIty Engineer, Todd Haas CIty Planner. DavId Carlberg City FInance Director. Howard KooIIck City AdmInIstrator/Engineer, James Schrantz Others AGENDA APPROVAL MOTION by Smith, Seconded by Perry. approval of the Agenda as presented. Motion carrIed on a 4-Yes. l-Absent (Jacobson) vote. APPROVAL OF MINUTES October 1. 1991: Correct as written. MOTION by Perry, Seconded by McKelvey. the Minutes of October 1. 1991, as written. Motion carrIed on a 4-Yes. l-Absent (Jacobson) vote. SPECIAL USE PERMIT/RIVERDALE CHURCH Chairperson Peek revIewed the PlannIng CommIssIon's recommendatIon to approve the Special Use PermIt request of RIverdale Church to alJow for the constructIon of a church at 1657 161st Avenue NW with the conditions noted In the prepared resolution. Mayor OrtteI questioned the one-year sunset clause. stating often churches do not have the fInances wIthIn that perIod of tIme for the construction of the buildIng. Mr. Carlberg wasn't sure whether or not the representatIves of the church were aware of that clause. No representative was present at either the PJannIng CommissIon meeting nor thIs CouncIl meetIng. Counc II agreed to allow the extension of the one-year sunset clause if necessary to avoid having to go through the SUP process again. .~-, - - Regular City Council Meeting MInutes - October 15. 1991 Page 2 (Special Use Permit. RIverdale Church. ContInued) MOTION by Smith. Seconded by McKelvey. a ResolutIon granting the Special Use PermIt request of the Rlverdale Church to allow for the construction of a church to be located at 1657 161st Avenue NW; and In addItIon to that Resolution pertaInIng to the Sunset Clause, a renewal before the Council after the year's tIme If necessary. (See Resolution R153-91) MotIon carried on a 4-Yes. l-Absent (Jacobson) vote. LOT SPLIT/2206 145TH AVENUE NW Chairperson Peek reviewed the Planning Commission's recommendation to approve the Jot split request of James G. Platz and Gerald G. Windschitl with the condItions noted In the prepared resolutIon. The request Is to spJlt the east 43.10 feet of Lot 12, Block 1. Kensington Estates and combine that portion with Lot 11. Block 1. KensIngton Estates. (CouncIlmember Jacobson arrIved at thIs time. 7:36 p.m.) Attorney HawkIns advIsed the two parcels cannot be legally combined unJess they are platted: however, thIs process wlJJ combIne them for tax purposes. Staff noted that because of the lowland toward the creek. I twIll not be possIble to spIlt the 'combIned" Lot 11 Into two parcels. Jerrv Windschitl - stated Lot 12 will be a buildable lot. Mr. Platz wants to acquIre that piece of land because he has done a lot of landscapIng in that area already. MOTION by Perry, Seconded by McKeJvey. the ResolutIon granting the lot splIt request of James G. Platz and Gerald G. WlndschItl to spIlt off the east 43.10 feet of Lot 12. Block 1. KensIngton Estates as presented. (See Resolution R154-91) MotIon carried unanImously. VARIANCE/FIRE STATION #2 ChaIrperson Peek revIewed the Planning Commission's recommendatIon to approve the varIance request of SIgn ServIces. Inc. on behalf of the Andover Volunteer FIre Department. The variance Is to allow the Identification slgnage on Fire Station #2 to exceed the maximum square footage In the district. which Is zoned R-1. The P & Z felt the hardship used as a basis for granting the varIance Is the zonIng and the strict Interpretation of the ordInance for that district. There was considerable CouncIl discussion on the Issue. They were concerned about the types of problems this precedent would set If the zoning is used as a basIs for granting a varIance. .-- . Regular CIty CouncIl Meeting Minutes - October 15. 1991 Page 3 (Variance/FIre StatIon #2. Continued) Mr. Carlberg expJalned Staff felt the variance procedure best resolves the sItuation. The ordInance could be amended; however. because of the IIml ted number of times thIs particular problem wouJd occur. they saw the varIance procedure as a way of gettIng quIck results. Ideally they felt the Jand should be rezoned. but that would be spot zoning. which Is not something the CIty wIshes to do. Chairperson Peek stated whether It Is the varIance procedure or an amendment to the ordinance, the size of the varIance Is going to be totally arbItrary. The PlannIng CommissIon has subsequently dIscussed an amendment to the ordinance regarding slgnage of municIpal. church. and public InstItutions In the R-l distrIct but felt the Intent of the restrIctIons In the residential area should be upheld. They recommended no change to the ordinance. The majority of the Counc II dId not feel the zonIng should be used as a hardshIp for granting a varIance. preferrIng Instead that the Sign OrdInance be amended to aJJow greater flexIbIlity In signing municipal. church and public Institutions In the R-l distrIct. ChaIrperson Peek asked If It Is legal to have the slgnage as a part of the Special Use PermI t for the use of the property. Attorney HawkIns advIsed there is no provisIon to allow the sign to be a condition on the SpecIal Use Permi t. Because the PlannIng Commission has already held a pubJIc hearing regarding a proposed change to the Sign OrdInance. Attorney Hawkins advised that the Counc I 1 can approve an ordinance change without holdIng another publIc hearIng. The Counc II directed Staff to prepare an amendment to the Sign Ordinance relating to munIcipal. church and publIc Institutions as to size and number of signs. One suggestIon was to modify the ordInance to exempt those uses from the SIgn Ordinance and have them revIewed by the ARC commIttee as part of theIr design. Another suggestion was to tIe those uses to the Neighborhood Business requIrements. Attorney HawkIns thought that possIbly publIc buIldings should be exempted from the SIgn OrdInance altogether. He suggestion language be used that the sIze of the slgnage be commenserate with that normally found In the metropolitan area to Identify these types of structures. It was agreed that the Counc II wIll revIew a proposed ordInance change at the November 5. 1991. regular meeting: then act on the slgnage request for FIre StatIon #2. MOTION by Jacobson. Seconded by SmIth. that the ResolutIon grantIng the variance request for the Andover Fire Station be laid on the table until the next regularlY scheduJed meeting. MotI on carr! ed unanimously. Regular CIty CouncIl Meeting Minutes - October 15. 1991 Page 4 WAYNE HOLMBERG SKETCH PLAN Mr. Haas revIewed the comments of the Andove. Review CommIttee regardIng the sketch plan of Wayne Holmberg located off Ward Lake DrIve and 170th Avenue. The main concern Is the Jength of the cuI de sac and the questIon of whether the developer should be requIred to extend the road to the north or south property lines. or both. The land to the north has a grove of trees. The land to the south Is fairly buildable. but to the east It Is unbulldabIe wetland. The ARC Committee Is recommendIng the road be taken to the southern boundary lIne for sure. The PlannIng CommissIon recommended only an easement be taken to the south wIthout the road beIng built at thIs tIme. Mr. Haas stated that It has been the City's policy to requIre the road be constructed because of the problem of who wlJI pay for the street when It needs to be constructed In the future. Mayor Orttel thought the land to the north had been refused building permIts in the past because there are only small pockets of hlghJand on It. He also believed the ComprehensIve Plan long-range goal Is to have parkland to the north. Mr. Schrantz stated the water tabJe is a problem. Wavne Holmberq. 17011 Ward Lake DrIve - stated the PlannIng CommIssIon reviewed the sketch pJan and agreed the road should go south. But they dIdn't feel It needed to be built at thIs time, Just an easement gIven. Mayor Orttel explained the CIty's polIcy has been to requIre the road to be built to the property lIne because of the problem of who pays for the construction In the future when It is extended. The City requires a temporary cul-de-sac at the end of these types of streets. The Mayor felt It may be less street to buIld by taking off the permanent cul-de-sac on 170th Lane. turnIng to the south and buildIng a temporary cul-de-sac at the border of the pJat. Mr. Haas noted the CouncIl will be reviewIng a proposed ordInance amendment to require 40-foot radius temporary turnarounds plus draInage and utilIty easements to avoid the vacatIon of easements In the future. The Council gave conceptual approval to the sketch plan with a roadway extended to the southern border of the plat wIth a temporary turnaround. MEADOWS OF ROUND LAKE SKETCH PLAN Mr. Haas revIewed the proposed sketch plan of the Meadows of Round Lake located southwest of Round Lake. reviewing the comments f.om the Andover Review Committee as outlIned In the CouncIl's Agenda packet. The CouncIl's maIn concern was having only two entrances/exits to the plat for over 180 homes. wIth those exits goIng through exIstIng residentIal neIghborhoods. ..- . Regular CIty CouncIl Meeting MInutes - October 15, 1991 Page 5 (Meadows of Round Lake Sketch Plan. ContInued) MIlt HYland. Hy-Land SurveyInq. Surveyor for the Developer - explaIned the DNR Is lImitIng the amount of fIIJ In the wetlands to one acre. and It would take three-fourths of an acre to filJ to the brIdge. Also. to buIld a brIdge across the wetland to CoRd 116 Is cost prohibItive. They would ]Ike to see Eldorado Street extended to CoRd 116. but they were not given much hope by the DNR. He also expJalned they have been negotiatIng with Rosella Sonsteby on the purchase of the land to the south. The sketch plan shows an easement with a parcel on either sIde abuttIng CoRd 116. That Is not accurate. as there Is no rIght of way there. It Is only a concept. The negotiatIons with Ms. Sonsteby are stIlI up In the aIr. Before It Is finalized, all that Is being developed will be In the ownership of Mr. Nedegaard. Mayor Orttel suggested the CIty work wIth the developers to negotIate with the DNR and Army Corps of EngIneers for the extensIon of Eldorado Street south to CoRd 116. as he felt It Is extremely Important to the CIty and to the resIdents In those exIstIng neIghborhoods that that outlet be constructed. He suggested those dIscussIons shouJd begin immedIately. Mr. Hyland - stated they are meeting with the Park Board to discuss the options for Parcel D. The Counc II noted the recommendatIons of the FIre and Public Works Department to connect the cul-de-sacs on the west side for clrcuJatIon and maIntenance. However. because of the concerns of the residents to the west and the Jarge number of trees In that area. the Counc II generally agreed with the cul-de-sacs as proposed. Mr. Haas noted 147th Avenue from the west Is not constructed to the property being developed. Jerry WIndschItl - thought there was a letter In the CIty's fIle from the developer at the time that property was developed that addresses thIs Issue. Counc II noted that Issue must be dealt with. Council suggested Attorney Hawkins review the Issue of 143rd Avenue encroachIng Into Pleasant Oaks Park. Counc II gave conceptual approval of the proposed sketch plan with those comments and concerns noted. KELSEY ESTATES FINAL PLAT Mr. Haas reviewed the comments regarding the final plat for Kelsey Estates (Phase V of the Andover West prelImInary plat). The ARC asked for CouncIl direction regarding the width of the walkway from 151st Avenue to Kelsey-Round Lake Park. A temporary cul-de-sac should be h_ _< Regular CIty Council Meeting Minutes - October 15. 1991 Page 6 (Kelsey Estates Final Plat, ContInued) put In at the end of Eldorado Street. The exceptIon between 152nd Lane NW and Park 2 Is a 2.5-acre parcel which Is owned by Jerry and Carol WIndschltl; however. It was IndIcated as dedIcated park property In the prelIminary plat of Andover West. Jerry WIndschItl - stated he del Iberatly trIed to make the walkway larger than what Is typicallY requIred. A 20-foot wIde walkway wllJ accommodate any walkway requIrements. Mr. Haas stated Ordinance 8 requIres a drIveway width to be 24 feet for parking. Mayor Orttel stated It is not a drIveway. Any parkIng would be on the park property If It Is required by the State, and that may be well Into the future. Or the parking may be off 149th instead. Because the Council felt If the area Is to be used to drIve to a smalJ parking lot In the park. there would be very few cars and that the proposed 20-foot wIdth Is acceptable. There was a lengthy dIscussIon on the Issue of the 2.5-acre lot between 152nd Lane and Park 2 whIch was orIginally proposed to be dedIcated as park property. Attorney HawkIns poInted out that the park dedication was phased In small pIeces as the prelIminary plat of Andover West was developed. The City based Its plans on the origInal proposal of park dedIcatIon for IndIan Meadows/Andover West. and It had no control over the proposed platted area because It was soJd. He felt that when Mr. WIndschItl acquIred that portion of the prelIminary plat. he Is also obligated to the agreement the orIgInal deyeJoper had with the CI ty. The parcel In questIon was supposed to be dedIcated as park property. and he felt it was Mr. WIndschItl's obligation to follow through on that dedIcatIon. Mr. WIndschItl - explaIned the dIffIcuJty is that there have been three different developers ownIng portIons of the plat. In the process of replattlng the area. Wayne Bachman has already dedIcated in excess of the 10 percent requIred of hIm. By requirIng the parcel In questIon to be dedIcated as park as well. the City In effect Is requIrIng more than what Is requIred of other developers. Attorney Hawkins stated Mr. Bachman asked for specIal consideratIon to develop wIthout constructIng the roads. The addItional property on the northern end of Kelsey-Round Lake Park for the parkIng lot was a trade-off in exchange for that consIderation. Parkland wIll stJ I J have to be dedicated accordIng to the origInal plan. The Council felt the fInal plat should be tabled untIl thIs Issue can be resolved so that any Interest the CIty may have In that property Is not Jost. Staff was asked to reseaçch the park dedication for that entire area goIng back to the origInal IndIan Meadows pJat. .-- .. Regular CIty Council MeetIng Minutes - October 15, 1991 Page 7 (Kelsey Estates FInal Plat. ContInued) Mr. WI ndsch I t I - asked that the final plat be approved because thIs Issue Is outside of the plat. He stated he has compIled with al] the ordInances to satIsfy the condItIons for the fInaJ plat and argued that any changes made to the park dedIcation over the years has been done so at the request of the City. MOTION by Jacobson, Seconded by Smith. that the City CouncIl table the FlnaJ Plat of Kelsey Estates until the next regularly scheduled meetIng. The reason Is there Is an apparent legal dIspute over one of the parcels adjacent to or an exception to this plat whIch the CIty belIeves It has a legal Interest; and because of the complexity of the issue and the possIbIlity that the land may be lost forever for CIty acqu I sIt I on If the CIty's posItIon Is upheld. the Counc I J wants to table thIs for three weeks to allow the CIty Attorney. developer. and other interested parties to get together to resolve this and come back wIth a recommendation. MotIon carried unanimously. ORDINANCE 8. SECTION 4.05 AMENDMENT ChaIrperson Peek revIewed the Planning CommIssion's recommendatIon to deny the proposed ordinance amendment relatIng to accessory structures and limItIng the ground coverage on parcels with more than one acre to that of the prlnclpaJ structure. The CommIssion found no concrete Information to warrant an amendment. Mayor Orttel stated the problem Is between fIve and ten acres. the typIcal hobby farm. because agrIcultural uses can be used on 10 acres or more. The question Is whether I t Is necessary to restrIct the accessory buIldIngs or should they be aJlowed unlImited buIldIng sizes. Chairperson Peek stated the Intent was not clear In researching the adoptIon of the present requirements. and no specIfIc sItuatIons were presented that demonstrated there Is a need for the amendment. Mayor Orttel didn't feel there was any specIfic problem. just a concern over whether there should be limits on the sIzes of accessory buIldIngs. The Intent was not to Interfere with agricultural uses. There was further discussIon on the procedure to obtain a permIt for an accessory building for agrIcultural uses. noting that the classificatIon changes If the bulJdIng Is no longer used for ag purposes. Counc 11 suggested the Staff research the restrictIons on the sIze of accessory buIldIngs In some of the surroundIng citIes. MOTION by McKelvey, Seconded by Smith. to table this and send It back for more I nforma tI on. MotIon carried unanImously. .. Regular City Council Meeting Minutes - October 15. 1991 Page 8 NON-DISCUSSION ITEMS MOTION by Jacobson. Seconded by Smith, In the affIrmative Items 17. 18. 19, 20. 21. 22. and 23. (See the followIng: Resolution R155-91 - Approve final street construction/Olesen 2nd AdditIon ResolutIon R156-91 - Accept petltlon/IP91-25/Feaslblllty for HIdden Creek East 4th Addition ResolutIon R157-91 - CertIfy mowing charges/14288 Round Lake Blvd. Resolution R158-91 - Certify sewer hookup charges/2319 South Coon Creek Dive Resolution R159-91 - Declare costs. pçepare assessment roll/IP91-1/ Crosstown Drive Area Resolution R160-91 - Set hearing foç IP91-1/November 5. 1991 ResolutIon R161-91 - Declare costs. prepare assessment roll/IP91-10 159th Lane. Swallow Street. QuInn Street area ResoJution R162-91 - Set hearIng for IP91-10/November 5, 1991 Resolution R163-91 - Declare costs. pçepaçe assessment roll/IP91-14 168th Lane Resolution R164-91 - Set hearIng for IP91-14/November 5. 1991 Resolution R165-91 - Declare costs. prepare assessment roll/IP88-30 Lot 3. Block 4. Hartfiel's Estates Resolution R166-91 - Set hearing for IP91-14/November 5, 1991 Receive September Financial Statements) MotIon carried unanImously. ORDINANCE 10 AMENDMENTS Chairperson Peek revIewed the three proposed amendments to Ordinance No. 10 regardIng temporary cul-de-sacs. mInimum requirements for sanitary sewer In the rural açea within the MUSA. and the time requirement for requesting extensions on preliminary plats. The Planning CommissIon recommended appçoval of all three amendments. Jerry WlndschItl - disagreed with the proposed change to Section 9.03g. cul-de-sacs. to require an 80-foot asphalt temporary cul-de-sac. It Is very costly to do not only to construct It. but to tear It out when the road Is extended. The shoe berm on the cul-de-sac aJso Interferes with all utilities. He stated the original Idea was to buIld the road straight with Class V on the sides for the turnaround. Then there Is no cost to removing It. It Is also uneconomical to have to put an 80-foot temporary cul-de-sac on the short streets of 140 or 170 feet long or where It Is known the street will be extended withIn a matter of months. He suggested keeping the curbs off. extending the asphalt to the border of the plat. and using CJass V to form the turnaround. That elimInates the expense of removing the temporary cul-de-sac and provides the needed turnaçound for the City. ..--0 Regular City CouncIl MeetIng Minutes - October 15, 1991 Page 9 (Ordinance 10 Amendments. Continued) Mayor Orttel stated In the past temporary meant just that. that It was not hard surfaced and was Just to give the abilIty of being able to turn vehicles around In It. He also felt It Is a waste to lay all that asphalt just to have It torn up agaIn when the road Is extended. Frank Stone. PublIc Works SupervIsor. stated in some plats the stub street Is not put In untl I the next phase of the plat Is done. That eliminates the need for temporary turnarounds. Mayor Orttel thought that may be preferable. statIng to require an eO-foot temporary cUl-de-sac Is absurd. He also suggested the 32- or 24-foot street be constructed wIth gravel shoulders for the turnaround. Counc II agreed the Item needs more work as to when. where. and why temporary cul-de-sacs wIIJ be requIred. Mr. WIndschItl - then spoke to the proposed change In Section 9.06a(3e). areas lacking munIcipal sewer within the MUSA. He challenged the finIshed grade being 6.5 feet above the seasonal high water mark because FHA approval Is different. Also. the new MPCA regulations definItion for mottled solIs refer to colors In the sol]s. By adopting the language as proposed. he felt a nightmare Is being created In the CIty. In sand, the mottlIng may have no sIgnIficance whatsoever. yet the City Is requiring houses to be built a mInimum of three feet above It. He reported on the very hIgh costs to property owners In other cIties where this regulatIon Is being enforced. Mr. Wlndschltl dIdn't feel the reference to mottled soI]s Is necessary. that It has the potential of creatIng many problems. and that the City Is protected by Its other regulatIons regardIng sanitary sewers. He suggested usIng the new state regulatIons whIch require the bottom of the spetIc system trench to be at least three feet above the ordInary high water table. whIch has been the traditIonal defInition for years. Mayor Orttel agreed. Because of the high Iron content In the City's soIls, there Is a lot of coloration In the soIls which has no bearing to the water table. He Is aware of property on top of a hill that Is not buIldable because of the red sand. because the Interpretation Is the hIgh water Is the mottled soil regardless of where the high water is. He felt thIs partIcular provision needs to be revIewed because a strIct Interpretation would Just about outlaw building anywhere In the City. ThIs amendment is a statement of an exIsting ordinance, but It perpetuates the probJem with mottled soils. He'd like to see an engIneerIng study from a consulting firm telling what mottlIng means in this part of Minnesota. The Mayor also noted that a mound septic system Is not alJowed In Andover. Other cIties allow alternative systems; Andover does not. which he felt should be looked at also. The Counc I I had no problem wIth the proposed change to SectIon 11.01a. MOTION by Smith, Seconded by McKelvey. that we table this untIl we can get a better recommendation. Motion carried unanimously. .~ - . Regular City CouncIl MeetIng Minutes - October 15. 1991 Page 10 Council recessed at 10:04; reconvened at 10:10 p.m. GENTHON PONDS/ACCEPT STREETS The Council discussed the report by Braun Intertec. the consultant selected by tHe City and the developer to review the quality of the paved streets. The consultant found the pavement In Genthon Ponds AdditIon to have a 7-ton capacity. which Is greater than what the CIty calls for. The Staff recommended the release of the Letter of Credit and to accept the streets In Genthon Ponds AddItIon. The developer Is wIllIng to provIde a two-year 100 percent performance bond and partIcIpate In half of the costs for Braun Intertec. Mr. Schrantz stated hIs maIn concern Is that thIs does not become the new CIty standard regarding the thickness of the streets. To prevent thIs from happenIng again, he Intends to have the right CIty Inspectors on these types of Jobs In the future. The Council did not want to change the standard either. MOTION by Jacobson. Seconded by SmIth. that the City CounclJ accept the Resolution approving the final street constructIon of Genthon Ponds AddItion as beIng developed by Hokanson Development In Section 01-32-24 as presented with the following change: Under Section 3, to read. "The developer have an agreement with the buIlders/contractors regardIng limiting of axel loads as posted at the discretion of the CIty Engineer." And Council accepts this resolutIon even though the standard of the street Is not up to the City's standards. We base It upon the fact that the streets are completed. The CIty dId Inspect, aJthough the InspectIon was faulty. ThIs Is based upon an Independent test by the of firm Braun Interec wIth a report dated Monday. 10-14-91. which says that although the city street standard Is 5 tons. this street has the capacity to hold 7 tons. This is the reason that the CIty Is acceptIng thIs particular street. (See Resolution R167-91) Motion carried unanImously MOTION by McKelvey, Seconded by SmIth. that after they make the fInal Inspection. that the Letter of Credit be released. MotIon carried unanimously. USES IN INDUSTRIAL DISTRICT Mr. Carlberg asked for CouncIl directIon as to whether a towIng servIce Is a permItted use In the IndustrIaJ DIstrIct. Such servIce Is proposed to be located at 1724 Bunker Lake Boulevard and wouJd have outdoor storage behind a wooden fence for screening. This use Is sImlllar to the uses that are In that area; however, Junkyard type uses are no longer allowed unless conducted within a structure. '.--0 ReguJar City CouncIl MeetIng Minutes - October 15. 1991 Page 11 (Uses In Industrial District. Continued) Attorney HawkIns didn't feel the proposed use Is alJowed under the ordinance. as it Is not sImlllar to transportatIon or motor freIght termInals. The Council was concerned that thIs type of business will look much like the Junkyards. Because of exIstIng yards. they also questioned the need for this use. They agreed with the attorney's InterpretatIon that such a use Is not allowed unless It takes place all Indoors. Because the surrounding roads are not built for heavy traffIc. the Council also dIrected Staff to prepare an amendment to remove the uses of transportation or motor freight terminals from OrdInance No.8. Section 7.01. PermItted Uses. COMPREHENSIVE PLAN CONSULTANT CONTRACT CouncIl agreed to the proposal to hold the remaining monIes for Urbanalysls until they have completed the Andover Comprehensive Plan. PURCHASE MOTOR FOR GRADER MOTION by Perry, Seconded by Smith. that the City Council approve the purchase of a new rebuilt engine at a cost of $8.486. and that recommendatIon being based on the tIme factor rather than the months of guarantee: and also rebuilt the chains on the rear tandoms at a cost of $2.324 including the transportation costs. for a total cost of $11.210; monIes to come out of the existIng budget. MotIon carried unanImously. REPLACE PUMP MOTOR/PUBLIC WORKS WELL Frank Stone, PublIc Works SupervIsor. expJained the 20 HP pump motor on the well at the Public Works/Fire Department BuIldIng burned out. They are proposing the installation of a 10 HP pump and motor plus an aIr release setup baIJing of the weJI and rework pump. One alternatIve they hadn't consIdered until now Is hookIng up to CIty water. There Is a hydrant near the water tower. Bob Peach. FIrefiGhter - stated hookIng up to municipal water would be advantageous to the FIre Department because they are consIdering remodeJIng the pole buIlding to become FIre Station #3 and water wIJJ be needed. plus they can fill the trucks faster off the tower than from the wel I . Further discussion noted that i t Is not feasible to irrIgate the parks and baJI fields with municipal water. Staff was asked to look at the alternatives further and come back with a recommendatIon. .'-0- Regular City Council Meeting Minutes - October 15, 1991 Page 12 FIRE DEPARTMENT BOND BUDGET Bob Peach. Bond CoordInator. asked for approval to purchase those asterIsked Items In the FIre Department Bond budget. These items were held until the buildings were almost completed. Councllmember Jacbson exp~essed reservations about the need to purchase some of the Items such as the RO purIfier. the health exercise equipment. sofas and recliners, etc. He and CouncIlmember Perry expressed concern that this Is not a way of backIng Into a full- tIme paId FIre Department. Councllmember McKelvey noted the fIrefighters In Minneapolis purchase their own recliners. Mr. Peach stated the Intent Is to eventually have volunteers stay over night at the stations. There are no plans for a paid Department. Because of the management of 50 firefighter. three stations and the equIpment. he felt It wIll be necessary to have a full-tIme paid manager: however. the Intent Is to keep the fire servIce voJunteer. The plan Is to provide fuJJ-tlme fire and rescue service to the City with a volunteer Department. And the purchases are Intended to make the Fire Station comfortable enough so the firefIghters wlJJ want to volunteer their time to be there. MOTION by SmIth. Seconded by Perry. releasIng the bond funds for the items on the lIst provided. MotIon carrIed on a 3-Yes <McKelvey. Orttel, SmIth). 2-No (Jacobson, Perry) vote. CAPITAL EQUIPMENT PURCHASES/PUBLIC WORKS Mr. KoolIch reported one CertifIcate of Indebtedness expired In 1991 which had annuaJ payments of approxImateJy $19.000 plus Interest. Another Issue wIll expIre In 1992 which has annual payments of $34,000 plus interest. During the discussion Is was determined the two issues amounted to approximately $265.000 worth of equipment. The first payment on a CertifIcate of Indebtedness fo~ capital equipment purchases made In 1992 wouJd probabJy be made In 1993. Mayor Orttel pointed out that with the change In the tax laws. the CIty had zero growth In its tax capacity thIs year even though there was over $1 million worth of new construction in the City. Council agreed the purchase and fInancing of capital equipment should be discussed at a future specIal work session. STORM DRAIN OUTLET TO DITCH 37 Mayor Orttel reviewed the options suggested by Staff to either provide an outlet to the wetJand and clean the street dItch down to Ditch 37 .0-- . Regular City Council MeetIng Minutes - October 15, 1991 Page 13 (Storm Drain Outlet to DItch 37, Continued) with a permit from the CCWD or to participate with Jerry Wlndschltl In cJeanlng Ditch 37 and his private dItch up to the Warren property. The option to construct a storm pIpe along the backs of the lots In the project and outlettlng Into the wetland north of the Warren property wIth a controlled outlet to NIghtIngale Street Is very costly and not realistic. Jerry WIndschItl - stated he has trIed to be cooperatIve. The proposa] to go south mayor may not work because of the elevatIon. That Is beIng verifIed. His prIvate dItch would have the abIlIty to hold the water If It Is deeper. but he doesn't know that for a fact. The other problem with the dItch Is hIs access to his property would be cut off. and he would be looking for someone to buIld him a drIveway access. He didn't feel the roadway dItch makes a lot of sense. Counc I I dIrected Staff to contInue workIng to res01ve the Issue In the best fashIon. Mr. Schrantz stated the matter wIll be brought before the Coon Creek Watershed Board on October 28. APPROVAL OF CLAIMS MOTION by Jacobson. Seconded by Perry. approya] of ClaIms dated 10-11-91 In the amount of $245.047.49. MotIon carried unanimously. MOTION by Perry to adjourn. Mayor Orttel declared the meeting adjourned at 11:15 p.m. Respectfully submitted, ~~~~~~ Ma cella A. Peach RecordIng Secretary ..--. ,