HomeMy WebLinkAboutCC November 16, 1976
CITY 01 ANDOVER
REGULAR CITY COUNCIL ~IEETING - NOVEffiER 16, 1976
The Regular Bi-Monthly Heeting of the Andover City Council was called to order by
Mayor Richard J. Schneider on November 16, 1976, 7:30 p.m. at the Andover City Hall,
1685 Crosstown Boulevard N. W., Anoka, Mitmesota.
Councilpersons present: Holasek, Rither, VanderLaan, Windschitl
Councilpersons absent: None
Also present: City Attorney, William G. Hawkins; City Engineer, D. R.
Kasma; City Clerk, P. K. Lindquist; Building Inspector,
James Thurston; P & Z Chairman, Ken Orttel; Park Commission
Chairman, Jerry Lapham; and interested residents.
(Answers to residents questions in parenthesis)
HJrION by Holasek, Seconded by Rither to approve the agenda with the following
addItions and deletions:
Add: Item 3 - Public Hearings, Supplemental Assessment Hearing
Item 4e - Peterson, Assessment Adjustment
Item 4f - Deferrment Resolution for Mr. G. Williams from 75-2
Delete: Item In - Approval of Hinutes, October 12, 19 and 27. Carried unanimously
Public Hearing - Assessment, Green Acres
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Additional information presented by Engineer Kasma which answered questions raised
at the last meeting. Reviewed letter sent to City Council dated November 16, 1976.
Engineer Kasma read his letter of recommendation on this project. Considerable
discussion followed on the internal open lots and the nonassessment of the lots.
Engineer Kasma exPlained that there -is a-private ditch-through that prOperty which
at this time drains the area. He h:ts proposed that 5n% of the majority of the lots
on the street at this time be assessed because as houses are built on these lots and
driveways put in they will be benefiting from the system. This system was not put h
to drain Hr. ~Ierikveld's property, this IvÍll be his responsibility when the balance
of it is develoj1ed. Engineer Kasma reviewed letter which was sent to the City Council
which outlines the events 1eadinr¡ up to the installation of this storm sewer svstem.
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Herb Lorenz, 3030 142nd Lane - Owns property that is being discussed ur in the corner.
Has water stand¡ng there now. Talked about putting in another catch basin in the
middlo portipo. ¡ It '''''old '" f~ 'b"" dgb' to <ba "n" ~ 'bat ¡, th, l~"
place. Get any heavy rains, catch basin Ivon't take it and the water will go in the
hole next to my house. Has named the lake after his wife as the water does not move
it stays right here. Would go +or just about anything that would help alleviate his
problem, would ike to benefit some way. Put in catch basin, put in some dirt and
level it off orl take something off the assessment.
Peter Vonvett, 890 l4lst - The borings that have been done I agree with. Wants it
in the mmutes that If something should change in the future, he or whoever owns the
property be allted to subdivide. First boring taken 246 feet +rom the west property
line went dmin bout 4 feet, he checked Sunday and once again today and there is Ivater
standing in the ¡hole dOlm 37 inches. The second boring was taken approximately 100
feet west of the county ditch on the north property line, there is water in that hole
24 inches down. I'll agree with the assessment, but if someone comes back and wants to
subdivide they should be allowed to.
Regular City Council Meeting
November 16, 1976
Page 2
Don Hallblade, 14165 Ivywood - Is storm sewer the only one that is not resolved
right nON? (Yes) Asked for elevations ma-p to be put back UP. Are you telling me
that a building permit on that lot is questionable (No, just will take common sense
when a yard is graded.)
Lloyd Whitaker, 2927 142nd Avenue N.W. - Please put up map of Green Acres overall.
Open dItch, property along there WIll not benefit? You filled in the low part of
that property when ditch was built so the ditch is draining this property. (Whole
thing can be changed by a very little amount of dirt.) The lots should be assessed
fully. (They are partially assessed and the balance 0+ the drainage will have to
be taken care of by the developer.) (Not every water problem will be solved hy storm
sewer, it is mainly for the drainage of the streets and to keep them from breaking up.)
Lloyd Reiman, 2813 142nd Avenue N.W. - H~ did the taoes come out? (We have it on
the agenda information.) Before the ditch was put in this area that water drained in
the private ditch but n~ since they have filled in with the dirt from the new ditch
that we just put in the open lots, it drains into the new ditch. (We had to do some-
thing with the extra dirt, and Hr. Menkveld was given last crack, everybody had a
chance to get it if they wanted it.) He is just waiting for the system to be paid
for and then hei will develop and use it. (If we got real picky and assessed as the
partial lots ini that area that are draining somewhat, it might change the assessment
a fraction of a' cent.) (The City has control over the development and this cannot be
done unless thei drainage will be proper, so additional storm sewer systems will have
to be construct~d in that area.) Checked on other cities around here to see how they
paid for storm flrainage, they pay pretty much like us but their last project they
split like the one we are talking about here. (They split that because there was a
1200 an acre and 400 an acre, and it was split because the 400 an acre was strictly
indirect benefi~, it wan't a split like this would be.)
Roger Stapeck, 825 142nd Avenue - What has been decided on System A? (No decision
has been made ytt, recommendatIon from Engineer and Attorney not to split this area.)
Jan Pasche, 295 142nd Lane N.W. - You are saying that some benefit by this system
more than other~. (Yes) Is It not, in effect, a definite imnrovement to the whole
area. ~~y couldn't this be assessed as an area assessment and everyone pay an equal
amount. I coult fill and wouldn't have as much draining into the system. (Very valid
question. This is City of 8,000 people, this is only one project and there will be
many more comin along. l~e must have an equitable policy so that everybody kn~s hOlv
they will be assessed. Policy can be changed but we do have to be consistent.)
Hrs. Dale Hark, 14168 I~vood - Understood from a meeting a couple of weeks ago that
r. n e no onger mine that property and there is a new developer talking to
the people in t e area. (He can't do any developing until he has gone through the
p & Z ~d ,he ctty Comol1 " "" "",""'" "" b" pI"". Hrnre, p~ b, buil' 00 'he
existing lots j t the way they are.)
The ~lotion that had been tabled at the last meeting was dropped by the maker of the
motion, Hayor S hneider.
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Regular City Council ~Ieeting
November 16, 1976
Page 3
Councilperson VanderLaan explained that the Assessment Roll has been adopted and
we are now dealing with some of the changes. It \Vas decided, regarding the property
on the corner of 142nd and IVY¡vood, that Engineer Kasma meet with the property O1iner
to determine the best place for a stub to be placed so he will receive some relief
from his water problem. Cost for this stub will have to be absorbed by the contingency
money, assessments will not be changed.
HJTIO~ by Ri ther, Seconded by Winds chi tl, that the Staff prepare a Resolution amending
the assessment roll for Project 1976-1, amending the assessments of the following:
Mr. Peter Vonvett, 2890 141st Avenue N.W., Parcel 2510, (reasons for all changes given
in letter received from DuWayne R. Kasma dated November 16, 1976.) Hr. Edwin Oster,
13808 Nightingale Street N.W., Lot 18 and 19, Block 6, Red Oaks Hanor 4th Addition.
~~. John Noard, 14216 Heather Street N.W., Parcel No. 6360. ,~. Ronald A. Kormanik,
14140 Ivywood Street, Parcel No. 6230. Hr. Thomas Wolters, 14208 Ivywood Street N.W.,
Parcel No. 6195iand 6210. Carried unanimously.
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TKDA Contracts
City Council has received a letter from Engineer Kasma on this. Attorney Hawkins
feels that if there is some question on this wording that it \Vould be well to have
the added items as proposed by the Engineer so there will be no misunderstanding in the
future.
~mIO~ by Ho1asek, Seconded by VanderLaan, to have the contract in question and all
future contract$ changed per the Engineers recommendation dated November 11, 1976, ~
that it shows b<ryond' preliminary status that it would only be approved as authorized.
Carried unanimously.
Vacation of Str~et - 133rd Avenue
Mayor Schneider ¡ was contacted about process of getting street vacated. He investigated
and gave report Coon Rapids has vacated their half of the street. Recommendations
from P & Z Comm ssion, after public hearing, that the street be kept and maintained by
tho City of ""T'" ",,~datioo from P & z - ro", ",,~d,tioo f~ 'b,
Park Board that the street not he vacated but kept for the pleasure and recreation of
the residents 0 the City of Andover. P & Z Chairman Ortte1 stated one of the reasons
for recommendat on \Vas that people in the area were told when they moved in that they
would have publ c access to the lake. It Ivas felt that the City of Andover could
r.¡aintain the strp of property and keep it for the children and others who may want
to have access 0 the lake, strictly for walking as it is not suitable to drive on.
Discussion followed on condition of this piece of property and how it could be used.
~~s. Don Randal Cood Rapids - Would like to know, if it is not vacated, tell us what
your mtentlOnS 1 are. (People do use it some, children go skating, taking canoes to
the lake.) We ìOUld like to know what is going to be done with it.
Ted Wilson - Live several doors down from the property. Would like to knmv what the
íntentl0ns are40r the property. Isn't used for skating as no one shovels, can't
swim there, co d be used for putting canoes in. There is access on 135th.
Regular City Council Heeting
November 16, 1976
Page 4
Attorney Hawkins stated that if the street is vacatéd the property reverts back to
the abutting rnmer.
Hrs. Jan Taylor, 13306 Gladiola - Cannot put boat in there, we have to use the cement
ramp dOlin at the nelghbors, can't even walk in that area, you go drnm to your knees
and there is a lot of glass.
~mION by Schneider, Seconded by VanderLaan, that 133rd Avenue be vacated between
Gladiola Street and the shoreline of Crooked Lake; that the City reserve the right to
a utility easement across this property. The staff should prepare this Resolution.
~frs. ~lelvin Peterson - We are old timers here, think it would be wise for the Council
to keep It for the children in the area as the community it rrmving.
Ted Lachinski, 13545 Jonquil - If you asked people to come forward that are in favor
01' vacatlon you would not have too many. Do feel the Park Board should be allowed
some time to clean it up and take care of it and see hmv it Ivorks.
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Wally Arntzen, 17817 Irard Lake Drive - Everyone should have an opportunity for access
to the lake. Concur wIth ChaIrman of Park Board that we should try to keep any prooerty
that we can. I
vom ON anION: Yes; Schneider, Rither, VanderLaan - No; Holasek, Windschitl.
Hotion carried.
Grow Oak Estates - Preliminary Plat
It has been rec~mmended by Engineering Finn that the streets be accepted as they are n01v.
Attorney Hmvkins stated that it was done prooerly under the Ordinance that Ivas in
existence at th~ time the streets were put in so he sees no problem in accepting them,
it would be a valid exception.
mTIO~ by HOlas~k, Seconded by Schneider, that the Citv accept the Grmv Oaks Preliminary
Plat, Commission 761, for the reasons cited by the Planning and Zoning and letter from
City Engineer dÅted October 26, 1976; reasons given, the streets were put in several
years ago and adding one foot on each side now would he more of a maintenance problem,
subject to the Eningeer's final recommendation. Attorney Hawkins stated that as long
as it was put in several years ago under existing Ordinances, it would not set a pre-
cedence and als~ the County is in the process of finalizing plans for County 7, Ivhich
would alleviate the necessity of this for a collectors street, it would be called a
minor street. arried unanimously.
Rezoning - GreeJ Acres
Th, ,"""",",,, oo ,."i"" f... 'b, "mooing & Zooin, C,""",ion i, '0 ""00 ,be """,,
as it is nmv in the area, which is R-l, rather than changing it to an R-4. Lot sizes
nmv in that are were discussed. The developer would probab1v come in and ask for
rezoning if it ìS not changed.
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Regular City Council Heeting
November 16, 1976
Page 5
Tom Wolter, 14208 Ivywood - This area is nearly completely developed at this time
under R-l, :;maller lots were put in under variance. Can·t see where it would benefit
anyone to rezone, except the builder. I go along with P & Z for leaving it the way it
is. Then the building would have to come in for a variance if he wants smaller lots
and you have some control. (We are trying to get the situation corrected as variance
is not the way to approve smaller size lots, the zoning should be changed.)
Don ~rit~~~Ken. what is the reason for waiting, are you suggesting changing it at
a later date?
Ken Orttel - Everyone seemed to want the zoning left the way it is now. I would like
to see tbe zoning all the same but would like the residents to have a say in what it
should be.
Attorney Hawkins, helieves the Ordinance prohihi ts the developer from coming in for
rezoning more than once each year but this can be initiated by the City Council.
Ted Lachinski -,Lots there seemed to be land locked. Only size acre piece in the
center that IS questionable. Didn't feel the zoning should be changed at this time
and possibly put the developer in a position l~ere he felt he had to develop where
otherwise he would not have done so.
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Pam Quinlan - If this rezoning went in would it include {;f farm? (No) Don't feel the
people In the area should have to change to conform with the construction of some
houses. I
mTION by Windschitl, Seconded by VanderLaan, that we finish up Item 4d, and then
handle 4e, 4f, 6a, 6b, 6c, 8a, and Approval of Claims, and the time be extended to
11:45 p.m. Carried unanimously.
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~mION by Rither, Seconded by VanderLaan, that the City Council rezone the area kn=
as Green Acres, from R-l to R-3 zoning District: 1. In 1972 subject lots received a
variance on lot sizes, the area was ~hen zoned R-l and as a result of that variance
the lots were p aced in a noncon+orm'~tatus in that they did not meet the minimum
requirements of the R-l Zoning District. 2. At the present time majority of the lots
in the area con orm most closely to R-3 Zoning District Classification. 3. Sanitarv
séwcr, storm sewer, black top streets, curb and gutter have been placed in the area .
and assessments I have been placed upon the parcels, both those developed and those
undeveloped Ivithin the area. VOTE: Yes; VanderLaan, Rither, Schneider - No; Windschitl,
Holasek. As ReZoning takes a 4/5 majority vote to pass the zoning in the area kn=
as Green Acres will remain R-l. "N'o::.,'",!'- ~:Ci'
Peterson - Asse~sment Adjustment (75-1)
Engineer Kasma xplained the proposed assessment change and reasons for same.
~mION by Winds hi tl, Seconded hy Hol as ek . - that we follmv the recommendations of TKDA
and change the ssessment on the ~1e1vin Peterson property, from $20,675 to $18,500.
Carried unanimot$l y .
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Regular City Council Meeting
November 16, 1976
Page 6
Resolution - Williams
Councilperson IIolasek feels perhaps as long as Hr. Williams has appealed the whole
assessment it should be left alone and resolved through'the appeal. He has done
some thinking about the situation and feels the same situation is in Green Acres and
is worried that a precedent would be set.
~ÐTION by Holasek, Seconded by VanderLaan, that we put this on the a¡ænda for the
ITecember 7, 1976 meeting for the purpose of holding a supplemental hearing to reconsider
the Resolution and->-H¡scindJftlie deferrment of assessments on Mr. Williams property. This
will allow time for proper noti fication, which is 14 days mailed notice, before this
public hearing can be held. Vote: Yes; Holasek, Ri ther, VanderLaan, - No; Windschitl,
Schneider.
Special Use Permit - Quinlan
Pam Quinlan hasi 40 acre farm, has two kennels but no cement as yet. Has now applied
for Ketmel License. Has ordered fence but has not received it because of the steel
strike. They do not intend to raise dogs, just take care of strays.
~mION by Winds1hi tl, Seconded by Ho1asek, to approve the issuance of Special Use
perml t to Hrs. Quinlan.
Amendment by vJderLaan, Seconded by Rither, requesting that the Animal Control people
be authorized to verify the number of dogs and the conditions, and that each dog is
thereby in conformance with the Ordinances, and that the animals are confined in a
suitable fenced in area to prevent running at large.
Attorney Hawkin$ stated that with any Special Use Permit, if there is any problem or
violation of Ordinance, you can call them in on any reasonable notice and revote the
license. If calls continue to come in, this will be placed on a future agenda.
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VOTE ON N1END~!ENT: Carried unanimously. "tUN ~,mIO;:¡: Carried unanimously.
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Street Imrpovement - Crocus Street
~mION by Windsbi tl, Seconded by Ho1asek, that we accept the petition from the section
of NOrthWOods. along crocus. Street. Carried _unani~USlY~:. .
Temporary "bbl1e Home Permlt-a.aT/:i"'¡P.J (J{,'5I() ,"~L"r v.."u) "
In this case he I is H¡~~k~~f uPto ~t:he' s~r~~st~~j tÌíat ªîl~~~~ ¿hi;ho~e when complete.
Discussion fOll9wed on the difference between travel trailer and mobile home as far as
being allmved t use them for a short time as living quarters. Building Inspector
Thurston notifi d the Council that this party will he moving into his nelv home Thursday.
Regular City Council Heeting
November 16, 1976
Page 7
~UTION by Rither, Seconded by VanderLaan, that the temporary permit to occupy a travel
traIler at 16891 Valley Drive, as applied for by Hr. Ostman, be denied in as much as
Ordinance No. 8 prohibits the issuance of such a permit because the travel trailer
measures only 8 x 16 for a total of 128 square feet and the Ordinance requires a
minimum of 200 square feet and that the Building Official be directed to instruct
~Ir. Ostman that. the travel trailer may not be occupied as a dwelling unit after midnight
Friday, November 19, 1976. Carried unanimously.
Probationary Increase for Rae Ellen Bakke
mTION by Ri ther, Seconded by Holasek, that Ive concur with the recommendation of the
Staff and grant¡Rae Ellen Bakke a salary increase to $4.10 per hour, having successfully
completed three;months probationary period with outstanding recommendation from the City
Clerk. Carried: unanimously.
Payment of Claims
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I,UTION by VanderLaan, Seconded by Holasek, for payment of Claim from the General 1'und
Checks No. 943 through 999 and 1000 in the amount of $31,437.81; from Improvement
Account 1975, Checks No. 151, 152 and 153 in the amount of $107,198.74; and from
Impl'ovement Account 1976, Checks No. 126, 127, 129 and 130, in the amount of $233,343.26.
~mI(N to adjOU~ by Windschitl, Seconded by Holasek.
Meeting adjOUrn~d at 12:40 a.m.
~lF! éÜ~' ¡( ú/~ ~ I""
Marilyn K. rebs er ~D
Recording Secre ary I