Loading...
HomeMy WebLinkAboutCC December 21, 1993 ~ CITY of ANDOVER Regular City Council Meeting-December 21, 1993 Call to Order - 7:30 pm Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Special Use Permit/13650 Hanson Blvd./Murphy Oil USA, Inc. 2. Lot Split/17025 Round Lake Boulevard 3. Variance/1831 Crosstown Boulevard N.W. 4 . Wittington Ridge/Appeal Geotechnical Report 5. Indian Meadows 4th Addition Sketch Plan Staff, Committees, Commissions 6. Adopt 1994 Salary plan 7. Amend Ordinance 19 [ 8. Approve Gambling Exemption Permit/Andover Alano Society 9. Purchase of Compost Bins 10. Ordinance 102 Discussion/Garbage Haulers 1l. Christmas Tree Chipping Update 12. Discussion/Stop Sign Warrants Non-Discussion Items 13. Adopt 1994 Fee Schedules 14. Release Partial Escrow/Timber Meadows 15. Approve Kelsey/Round Lake Park Grant Agreement 16. Approve Plans & Specs//93-10/SuperAmerica 17. Receive Feasibility Report/93-28/l3828 Round Lake Blvd. 18. Receive Petition/93-29jWatermain/13836 Round Lake Blvd. 19. Receive Feasibility Report/93-29/l3836 Round Lake Blvd. 20. Approve Final payment/93-2/pinewood Estates 2nd 2l. Transfer Funds/City Hall & Fire Station Improvements 22. Establish Forestry Fund/Transfer Funds 23. Receive November Financial Statements 24. Declare costs/Order Assess. Roll/92-3/Pinewood Estates & 93-2/Pinewood Estates 2nd Mayor-Council Input Approval of Claims Adjourn ..- -... ... ....... ~ -- - REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 21, 1993 TABLE OF CONTENTS AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · · 1 SPECIAL USE PERMIT/13650 HANSON BOULEVARD/MURPHY OIL USA, INC. Resolution R29l-93 approving permit · · · · · · · · · · · · · 1 LOT SPLIT/17025 ROUND LAKE BOULEVARD Resolution R292-93 approving lot split · · · · · · · · · · · · 2 VARIANCE/1831 CROSSTOWN BOULEVARD NW Resolution R293-93 granting variance · · · · · · · · · · · · · 2 WITTINGTON RIDGE/APPEAL GEOTECHNICAL REPORT . · · · · · · · · · · · 2 Motion to deny appeal request · · · · · · · · · · · · · · · · 4 INDIAN MEADOWS 4TH ADDITION SKETCH PLAN . · · · · · · · · · · · · · 4 NON-DISCUSSION ITEMS Resolution R294-93 adopting 1994 fees for permits, rezonings, Special Use Permits, variance, platting, license fees, sewer fees, water fees, lot splits, rental fees, etc. · · 5 Resolution R295-93 adopting 1994 permit fees and service charges and amending R002-93 · · · · · · · · · · · · · · 5 Resolution R296-93 adopting 1994 services charges · · · · · · 5 Resolution R297-93 adopting 1994 rates for water . · · · · · · 5 Resolution R298-93 adopting 1994 rates for sewer . · · · · · · 5 Release partial escrow/Timber Meadows · · · · · · · · · · · · 6 Approve Kelsey/Round Lake Park Grant Agreement . . . · · · · · 6 Resolution R299-93 approving plans and specs/IP93-10/ SuperAmerica · · · · · · · · · · · · · · · · · · · · · · 6 Resolution R300-93 receiving feasibility study/IP93-l8/l3828 Round Lake Boulevard · · · · · · · · · · · · · · · · · · 6 Resolution R301-93 receiving petition/IP93-29/Watermain/13836 Round Lake Boulevard · · · · · · · · · · · · · · · · · · 6 Resolution R302-93 receiving feasibility study/IP93-29/13836 Round Lake Boulevard · · · · · · · · · · · · · · · · · · 6 Resolution R303-93 approving final payment/IP93-2/Pinewood Estates 2nd . · · · · · · · · · · · · · · · · · · · · · · 6 Resolution R304-93 establishing Forestry Fund/Transfer Funds · 6 Receive November Financial Statements Resolution R305-93 declaring costs/order assessment roll/ IP92-3/Pinewood Estates and IP93-2/Pinewood Estates 2nd . 6 1994 SALARY PLAN Motion to approve · · · · · · · · · · · · · · · · · · · · · 6 AMEND ORDINANCE 19 Motion to approve · · · · · · · · · · · · · · · · · · · · · · 6 GAMBLING EXEMPTION PERMIT/ANDOVER ALANO SOCIETY Motion to approve · · · · · · · · · · · · · · · · · · · · · · 6 PURCHASE OF COMPOST BINS (Table) · · · · · · · · · · · · · · · · · 7 ORDINANCE 102 DISCUSSION/GARBAGE HAULERS · · · · · · · · · · · · · 7 CHRISTMAS TREE CHIPPING UPDATE · · · · · · · · · · · · · · · · · · 7 DISCUSSION/STOP SIGN WARRANTS Motion to table · · · · · · · · · · · · · · · · · · · · · · · 8 TRANSFER FUNDS/CITY HALL AND FIRE STATION IMPROVEMENTS Resolution R306-93 authorizing transfer and establishing Building Construction Fund · · · · · · · · · · · · · · · 8 MAYOR-COUNCIL INPUT Crime watch program · · · · · · · · · · · · · · · · · · · · · 9 Combining services with other communities · · · · · · · · · · 9 Trains blocking roads · · · · · · · · · · · · · · · · · · · · 9 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 9 - - - -- - · - .... '. ,. ~ \ 11'ò1C¡¡.f ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER 21, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on December 21, 1993, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins Assistant City Engineer, Todd Haas City Planner, Dave Carlberg Building Official, David Almgren Public Works Superintendent, Frank Stone City Finance Director, Daryl Sulander Others AGENDA APPROVAL Mayor McKelvey asked for a motion to approve the Agenda as written. MOTION by Perry, Seconded by Dalien, to so move. Motion carried unanimously. APPROVAL OF MINUTES November 30, 1993, Special Meeting: Correct as written. December 7, 1993, Regular Meeting: Correct as written. MOTION by Knight, Seconded by Dalien, approval of the Minutes. Motion carried unanimously. SPECIAL USE PERMIT/13650 HANSON BOULEVARD/MURPHY OIL USA, INC. Mr. Carlberg reviewed the request of Murphy Oil USA, Inc. (SPUR) to install underground storage tanks for the bulk storage of liquid fuels, gasoline and diesel, at the southwest corner of Bunker Lake Boulevard and Hanson Boulevard. They plan to remove the existing structures and construct a SPUR service station on that location. The Planning and Zoning Commission recommended approval of the request. MOTION by Knight, Seconded by Jacobson, introducing the Resolution presented granting the Special Use Permit of Murphy Oil USA, Inc. , as requested. (See Resolution R291-93) Motion carried unanimously. - --- ----- - - - . - --...- ...~... Regular Andover City Council Meeting Minutes - December 21, 1993 Page 2 LOT SPLIT/17025 ROUND LAKE BOULEVARD MOTION by Knight, Seconded by Perry, introducing the Resolution presented granting the lot split request of Maris and Barbara Schilling. (See Resolution R292-93) Motion carried unanimously. VARIANCE/1831 CROSSTOWN BOULEVARD NW MOTION by McKelvey, Seconded by Dalien, the Resolution approving the variance requested by Steven Loudon to Ordinance No. 8, Section 4.05(B)(1) to allow for the construction of an addition to an accessory structure exceeding the total square footage of land cover of the principal structure on the property located at 1831 Crosstown Boulevard NW. (See Resolution R293-93) DISCUSSION: Mr. Almgren explained the addition is about two-thirds constructed already. Mr. Carlberg explained the additional area will be used for general storage, not in connection with the home occupation. VOTE ON MOTION: YES-McKelvey, Dalien, Knight; NO-Jacobson, Perry Motion carried. Councilmember Jacobson did not think the age of the home constituted a hardship to grant the variance. Councilmember Perry agreed. Mayor McKelvey argued some variance is needed as the existing garage is so small that today's cars cannot fit into it. WITTINGTON RIDGE/APPEAL GEOTECHNICAL REPORT Jerrv Windschitl, 3640 152nd Lane NW - is appealing the Andover Review Committee's determination that they cannot build 155th Lane NW in Wittington Ridge as presented by STS Consultants. In developing the final plans for Wittington Ridge, they ran into soils conditions that were more severe than originally thought. He then hired an expert in this area, who did a complete evaluation of the crossing and prepared an extensive report to the City to construct the road by placing a fabric over the organic soils, surcharging the organic soils and monitoring the settlements. Once the organic soils have consolidated, a portion of the surcharge is removed and the standard street section is constructed. Mr. Winds chit 1 stated the City's engineering consultant agreed with the approach suggested by STS, yet the ARC Committee has denied the use of that method. He argued this method has been used before by the county where it has not been as successful as it should have been; however, the county's reasoning is because it was not constructed correctly. The county has subsequently used it in other areas and it was successful. He asked the Council to allow him to build the road as presented by STS and reviewed by the City's consultant, as that is the only viable way he has of making that crossing. The peat is simply too deep to dig out. It is a rural street that will have very little traffic, serving only seven or eight lots. .. --,..- ....... ,. Regular Andover City Council Meeting Minutes - December 21, 1993 Page 3 (Wittington Ridge/Appeal Geotechnical Report, Continued) The Council discussed with Mr. Windschitl the specifics of the proposed method of constructing 155th Lane, the concerns over the apparent lack of success of this method when used by the county, and other options available. The Council noted several places where this method had been used by the county that resulted in the road sinking and extensive repairs needed yearly. They did not know of any areas where it was done by developers in a plat. Mr. Windschitl argued this method was used by Andover several years ago when constructing the new Crosstown Boulevard, and there have been no problems in that instance. That road was done by the City under TKDA's supervision. If the construction is done properly, it has been found there are no problems. Mr. Stone only knew of this method being used on county projects. With such a high percentage of failure, he stated the Staff is concerned about the potential for high repair costs. With the limited budget on street repairs, a problem on this street could potentially use that entire budget. He didn't think the City can afford to be installing the street using the proposed method. Also, with houses being built next to the street, if repairs are needed, it would mean coming right up to the houses. Mr. Almgren also felt that with a 75 percent failure rate, the City cannot afford to repair the road if it sinks or the fabric rips. That can happen any time, and the warranty on the road is for only one year. Mr. Windschitl disagreed with Mr. Stone's comment, as there are no houses being built in this area. He felt the decisions should be made by the professionals, and both the experts and the City's engineering consultant have agreed with the proposal. The secret to this technology is making sure the work is done correctly up front. He stated he would be willing to talk about something reasonable on an extension of the warranty. He stated he simply has no other alternative because it is impossible to dig out all of the peat. Councilmember Jacobson felt the wording in the TKDA memorandum from Ralph Clare was cautious and guarded and did not constitute a clear statement that this method is the one to use. He was concerned that if there is a problem with the street, it would be very difficult for the City to get the money to fix it. Also, the warranty could not be extended without a substantial amount of escrow, which would tie up a lot of money for several years. Mr. Haas stated the ordinance requires a one-year warranty on the roads. This method has not been used for any other local city street. Mr. Windschitl said another option is to try to get right of way between two lots coming out to 154th. He was willing to purchase it and build the road, but he has been unable to get agreements from the property owners. If the City would acquire the right of way, he stated he would be willing to pay for the cost of the right of way and to build the stub to 154th. Mayor McKelvey stated the neighborhood did not want a road to go out to 154th. There is the possibility of not developing those back lots until the property to the west or south develops. Mr. Windschitl stated that property is in Ag Preserve, so there is no hope of developing it in the foreseeable future. - Regular Andover City Council Meeting Minutes - December 21, 1993 Page 4 (Wittington Ridge/Appeal Geotechnical Report, Continued) Councilmember Jacobson was nervous with the TKDA memo because of so many warning words. He didn't think the City can take that risk. Councilmember Perry didn't find any assurances that the road will be problem free for the City. Councilmember Knight stated there is no question that this type of road is questionable. The potential is there to financially strap the City if there is a problem unless there can be an iron-clad warranty. Councilmember Dalien noted if the road fails, it creates a liability for the City to get access to those lots to the west. MOTION by Jacobson, Seconded by Perry, that the City Council, after discussion on the issue in Wittington Ridge appeal on the Geotechnical Report, the City Council concurs with the findings of the Andover Review Committee and recommends that this different type of road construction not be considered. Motion carried unanimously. Mr. Windschitl asked what he is supposed to do with the property now. Councilmember Jacobson suggested the front half of the property be developed first, or privately buy the right of way to get an access to the south, or come in from the north. Mayor McKelvey felt he should be able to dig out the peat. Mr. Windschitl stated he is told he cannot dig it out. He asked that this be decided on engineering fact, not on emotions; as two engineering firms have stated this is an acceptable way of doing it. The Council disagreed that TKDA was endorsing that method. Attorney Hawkins also advised the City does not have an obligation to make each piece of property in the City buildable. If the Council feels the engineering report leaves some doubt about whether the road is viable, then the property cannot be developed because there is no adequate access to it. Also, he didn't think the City should have to take the risk on having to repair the road if there are problems in the future because of the peat. INDIAN MEADOWS 4TH ADDITION SKETCH PLAN Mr. Haas reviewed the proposed sketch plan of Indian Meadows 4th Addition as requested by North Suburban Development. It is an R-l Single Family development consisting of 30 lots. Park dedication has already been given. He also reviewed the concerns and comments from the Andover Review Committee, noting the revised sketch plan since the December 14 Planning and Zoning Commission meeting to provide for better access for fire and police. The other concern is the three lots proposed on the cul-de-sac on Zea Street NW, as the ordinance only allows two lots to have frontage on cul-de-sacs. Allowing the additional lot will set a precedent. Mr. Haas also explained the reason for the ordinance change allowing only two lots on a rural cul-de-sac is to be able to divide the parcels to meet the 80-foot front setback line when sewer and water are available. All three lots proposed by the developer easily meet the 39,000 square-foot requirement. - . - --....- ........ - Regular Andover City Council Meeting Minutes - December 21, 1993 Page 5 (Indian Meadows 4th Addition Sketch Plan, Continued) Mayor McKelvey stated he definitely is not in favor of three lots on a cul-de-sac. Councilmember Perry understood the difficulty with the wetland, but she too preferred to have only two lots on the cul-de-sac. Jeff Caine - stated none of the lots will require fill in the wetland, though some fill will be needed to meet the basement elevation level. Mr. Haas stated one road will need to cross the wetland, which will require a permit plus mitigation. Because that road is needed to provide better fire and police access, he suggested the City support that wetland crossing. Mayor Mckelvey stated he would like to see the road go through because it is needed for public safety. Councilmember Jacobson stated he would be very reluctant to allow any variances on the plat at all. Mr. Caine - stated they have already removed three lots from the plat that was originally presented because of the new wetlands act. They can get the third lot on Zea Street by extending the road to the south, but additional wetland would need to be filled and they would rather not do that. All three proposed lots are oversized. The State has recommended that cities work with the developers to save the wetland, and he felt this is a good case to make an exception. Jack Menkveld - stated 33 lots were previously approved, but 30 are now being proposed. They have agreed to continue Eldorado, but it will require the City's support of crossing the wetland and some mitigation of wetland. The reason for proposing three lots on the cul-de-sac is to avoid crossing the wetland. They would appreciate some bending on the City's part to allow the three lots because of the wetlands. Councilmember Jacobson again stated the ordinance should be followed and that he would agree to only two lots on Zea Street. After further discussion, the general feeling of the Council was a suggestion to extend the Zea Street cul-de-sac further to accommodate the three lots or to eliminate a lot. There were no further comments on the proposed sketch plan. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, approval of the following items: 13. Adopt 1994 Fee Schedules (See Resolutions R294-93 setting fees for permits, rezonings, Special Use Permits, variances, platting, license fees, sewer user fees, water fees, lot splits, rental fees and various other fees; R295-93 establishing permit fees and service charges and amending Resolution No. 002-93; R296-93 establishing service charges to be collected in 1994; R297-93 setting rates for permits, connection fees, services, and water usage; R298-93 establishing sanitary sewer rates and sanitary sewer connection charges) ,~ . - -.. .. Regular Andover City Council Meeting Minutes - December 21, 1993 Page 6 (Non-Discussion Items, Continued) 14. Release Partial Escrow/Timber Meadows ($4,175) 15. Approve Kelsey/Round Lake Park Grant Agreement 16. Approve Plans & Specs/IP93-10/SuperAmerica (See Resolution R299-93) 17. Receive Feasibility Report/IP93-l8/13828 Round Lake Boulevard (See Resolution R300-93) 18. Receive Petition/IP93-29/Watermain/13836 Round Lake Boulevard (See Resolution R30l-93) 19. Receive Feasibility Report/IP93-29/13836 Round Lake Boulevard (See Resolution R302-93) 20. Approve Final Payment/IP93-2/Pinewood Estates 2nd (See Resolution R303-93) 22. Establish Forestry Fund/Transfer Funds (See Resolution R304- 93) 23. Receive November Financial Statements 24. Declare Costs/Order Assessment Roll/IP92-3/Pinewood Estates and IP93-2/Pinewood Estates 2nd (See Resolution R305-93) Motion carried unanimously. ADOPT 1994 SALARY PLAN Councilmember Jacobson reviewed the salary plan for 1994 as approved by the Personnel Committee. The recommendation included a larger increase in two stages for the City Planner to bring that salary more in line with the Stanton Report. In addition, a Building Inspector and the City Clerk were given additional increases to equalize their salaries. There were many housing units this year for the Building Inspectors; and Andover's City Clerk does a number of other tasks that other city clerks are not required to do. MOTION by Jacobson, Seconded by Knight, to pass on that salary schedule for 1994. Motion carried unanimously. AMEND ORDINANCE 19 MOTION by Jacobson, Seconded by Perry, an Ordinance amending Ordinance No. 19, an Ordinance adopting the Minnesota State Building Code. Motion carried unanimously. APPROVE GAMBLING EXEMPTION PERMIT/ANDOVER ALANO SOCIETY MOTION by Knight, Seconded by Perry, to so move (approve a gambling exemption permit to the Andover Alano Society for up to five events in 1994) Motion carried on a 4-Yes, l-No (Jacobson) vote. Regular Andover City Council Meeting Minutes - December 21, 1993 Page 7 PURCHASE OF COMPOST BINS Cindy DeRuyter, Recycling Coordinator, asked that the item be continued until she can obtain more information. Council agreed. ORDINANCE 102 DISCUSSION/GARBAGE HAULERS Ms. DeRuyter explained the Staff is recommending a limit to the number of licensed garbage haulers in the interest of maintaining healthful and sanitary conditions plus maintaining reasonable conditions of city streets. Andover presently has nine licensed haulers, and the Council is asked to consider limiting the number of licensed haulers to nine. Many other cities have limited the number of haulers, and others have organized collections, which limits the weight damage of the trucks on city streets even further. In discussing the issue, Councilmember Perry stated she would prefer to limit the number of licenses rather than organize collections to one hauler per area because of the problems with logistics of having both a rural and urban area of the City. Councilmember Jacobson asked why does government want to get involved in private industry. He is not in favor of intruding into the marketplace and restraining trade. He stated he has been assured that the roads have been constructed to be able to handle the traffic; and if there is a problem with overweight garbage trucks, the weight restrictions should be enforced. He felt more information and more ideas from haulers is needed before making a decision. Ms. DeRuyter explained by limiting the number of haulers, the number of trucks on the roads in the spring is also limited. Now with recycling, it means two trucks pick up at one residence each week. As more people move into Andover, more haulers will be applying for licenses. She continued it is also a safety issue with many trucks on the streets with children waiting for buses. Mr. Stone stated he would like to see the number of haulers limited to nine or ten. Then if further consideration is wanted on organizing collections, it can be referred to the Planning Commission. Mr. Haas stated one fully loaded garbage truck is equal to 40,000 vehicles; and they do much of the damage to the roads in the spring. By not limiting the number of haulers, it will cost the City in the end. After further discussion, the Council recommended the item be forwarded to the Planning and zoning Commission to hold a public hearing on the request to limit the number of garbage hauler licenses. CHRISTMAS TREE CHIPPING UPDATE Ms. DeRuyter updated the Council on the Christmas tree recycling and chipping promotion and the Goodwill Donation trailers and the ACCAP semi-trailer parked at the Andover Downtown Center on December 28 and 29. ,~.. .-- ..... .. , , - Regular Andover City Council Meeting Minutes - December 21, 1993 Page 8 DISCUSSION/STOP SIGN WARRANTS Mr. Haas informed the Council that when installing stop signs or any other type of sign, they must be in compliance with the Minnesota Manual on Uniform Devices or it becomes a liability to the City if anything happens. Numerous intersections have been signed with unwarranted stop signs since 1986, and he asked for direction on what to do about them. Anything installed without warrants since 1986 should be removed to bring the City into compliance with the manual. He is locating every unwarranted sign and plotting them on a City map. Attorney Hawkins stated he had not had a chance to review the manual, so he suggested he be allowed to study it to determine if the City has any discretion in this matter. MOTION by Knight, Seconded by Jacobson, to table this until the 2nd meeting in January. Motion carried unanimously. TRANSFER FUNDS/CITY HALL AND FIRE STATION IMPROVEMENTS Mr. Sulander recommended the City Council approve the creation of the Building Construction Fund and transferring $60,000 to the new Fund from the General Fund. This would provide the segregation and accountability for accumulating and expending the funds for future City Hall, Public Works and Fire Station improvements or construction projects. Of the $60,000, $50,000 was designated by the Council from building permit revenues, and $10,000 is from the remaining Fire Department salaries and benefits account. The Council generally agreed to establishing the Building Construction Fund, but did not want to specifically designate amounts for each project. They preferred to maintain the Fund as a general fund to be used as needed for the various City buildings. There was some concerned raised over the large balance in the Fire Department salaries and benefits accounts. Mr. Sulander explained there has been a cost savings due to the implementation of the station response system. The actual amount used from this account each year varies depending on the number of calls. MOTION by Perry, Seconded by Dalien, the Resolution authorizing the transfer of funds dedicated to improvement or construction of City Hall, Public Works or Fire Station buildings and the creation of a Building Construction Fund, except that the last paragraph shall be changed so that the third line ends, " . . . from the General Fund." Everything from that point on would be stricken. (See Resolution R306-93) Motion carried unanimously. _ ... "_N _ Regular Andover City Council Meeting Minutes - December 21, 1993 Page 9 MAYOR-COUNCIL INPUT Crime Watch Program - Councilmember Knight suggested in 1994 the City look at restarting the Crime Watch Program, as he felt that is a very valuable program for the residents. There was some discussion about why the program has not been active lately, and the Council then agreed to add the item to the agenda in early 1994. It was also suggested that someone from Community Education in the school district be present to discuss the item. Combining Services with Other Communities - Councilmember Knight suggested the City look at the feasibility of combining some services with neighboring cities in an effort to save costs. Mayor McKelvey stated he has been discussing some ideas with other cities and with the North Metro Mayors' Association. Mr. Sulander stated there were grant programs available for this type of program; however, any grants now would be for 1995. He will look into grant programs further. Trains Blocking Roads - Councilmember Jacobson reported another incident of a train blocking Bunker Lake Boulevard at 5:15 this evening, where traffic to the east was backed up to the Activity Center. Mr. Sulander stated Staff has called Burlington Northern, and there have been some positive results. He will call again on this incident. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dalien, Claims as provided tonight which includes Edit Lists 1 and 2, and Disbursements by Wire, for a grand total of $738,002.23. Motion carried unanimously. MOTION by Perry to adjourn. Motion carried unanimously. The meeting was adjourned at 9:50 p.m. Respectfully submitted, ~~~Vd Ma ella A. Peach Recording Secretary