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HomeMy WebLinkAboutCC August 2, 1977 ----- .. CITY of ANDOVER REGULAR CITY COUNCIL MBETING - AUGUST 2, 1977 !1I!1UTES The Regular Bi-Honthly Meeting of the Andover City Council was called to order by Hayor Jerry \',Tindschi tl on August 2, 1977, 7:30 p,m" at the Andover City Hall, 1685 Crosstown Boulevard ~~, Anoka, Minnesota. Councilpersons present: Lachinski, McClure, Orttel, VanderLaan Councilþersons absent: None Also present: City Attorney, ITilliam G, Hawkins, City Engineer, Rex Stockwell; City Building Official, Jim Thurston; Planning and Zoning Chair- man, Don Jacobson; City Clerk, p. K. Lindquist; and interested residents. 'Resident Fo!'um Helen Frantz. 166h~ ".rard Lake Drive - explained she has appeared before the Planning and Zoning Commission and the Council on numerous occasions about the dust problem on Uard Lake Drive and to date no measurable amount of consideration has been given to alleviating the problem, Speed limit signs have done little as there is no way of enforcing them. The business enterprise of the sod farms whose trucks speed down the road create such a dust problem, she felt it would be considered air pollution, After putting up with this problem for 8 years now, she felt it was time the Council did something or she wouJdgive serious consideration to getting Action ~ews out to monitor- the air pollution or to con- , tacting the Minnesota Pollution Control, as this problem gets worse every year, 11s, Frantz also qu~stioned why only the driveways of three people on ryard Lake Drive were graveled. She ~fel t that since the southern portion of the road is designated IISM!, doing that part woul eliminate the problem on the lower end where the traffic from the sod farms create t,e dust, 11ayor ~indsChijl explained that putting Class 5 on the road would create a worse dust problem, and t~e only way to eliminate the. dust is to blacktop the road, Gravel was put in front of so~e residents' homes because the mailman refused to deliver mail until the road was im~ro led. A certain amount of monies was allocated for the up~rading of Ward Lake Drive las1 year; and Jim Thurston, City Duildin~ Official, explained that worl~ was done until the ¡monies were used uþ. }!ayor '.'lindschitl explained that the !?oad Improvement Committee will be takin~ a look at all of the roads in the City and establishing some n~iorities on them. Mr. Thurston was directed to inspect the driveways on ITard Lake Drive to see if ther~ are some problems that need to be doalt with now, Also, the Clerk was directed to speak ~ith the Deputy Sheriff to patrol the street for excessive sueeding, I . A~enda A1")1:rroval I W1Tlm! by LD.chinski, Seconded by McClure, to approve the Agenda with the following , corrections: ~tem 5f, Final Systems Statement; Item 5g. Cunningham Acres; and Item ge, P2 and ~3 Zones, Motion carried unanimously, Brid~e neuort J ~n~ineer 1 En~ineer StoCk~ell explained the handout to the Council showinG the breakdown of costs between a cUlv~rt bridge and a prestressed concrete bridge on South Coon Creek Drive, In Dumma~y, a culvert brid~e ~ould cost ~80,ooo (monies co~ing fro~ the State Bridge Bond- ing Fund) and ~pproximatelY $16,000 estimated roadway cost (monies coming from the City's State Aid Acco nt) and the prestressed bridge would cost $103,000 (also from the State Brid~e Bonding Fund) and approxi~ately ~22,OOO estimated roadway related cost (from the State Aid Accol1nt) -- amounting to approximately 56,000 difference in our State Aid Account, T?e!!ul.a.... City Council Heeting AU~Ut!)t 2, 1977 - ,!inutes Par:e 2 (Brid,q:e ~epo....t, Continued) ,Mr. Stockwell also explained the water flow, drainage, and desi~n of each bridge, Both desi~n plans hQve been completed by the en~ineering firm, and the Coon Creek ~atershed Dist~ict has indicated they do not object to either bridge, He also stated the concrete brid~e "[Quld be by far more costly to expand in the future, and maintenance would be more expensive; however, it isn't somethin~ that is going to occur on a regular basis. Councilperson Lachinski stated the Road I~prove~ent Committee was conce~ned with what consideration has been ~iven to the Purn ~iver Crossing Bridße location in terms of where this bridge would be located, Hr, Stockwell wasn't sure it has been investigated and didn't think it would tie into it directly. Hayor ~indschitl stated the Watershed Board has a specific place they want the bridge to be -- they wanted it moved westerly, Glen ~o~e~s. Doad Trnnrovernent Committee - stated in the long run the bridge would be more costly to maintain if streets, curbs and gutters were ~ut in. Also, consideration should be given to possibly takin~ a traffic count on the bridge. lIe asked what is the urgency of ~utting the brid~e in and where is t~e Money corning from. Mr. Stockwell explained the State Bridge Fundin~ pays fo~ 100 pe~cent of the construction costs of the bridge. 0ri~inally it waG essentially on a first come, first serve basis. The reason the bridge was Pll....sl1ed was as soon as the final design "!as cOr.1pleted, the chances of receiving that money we.,...e that much better. These funds are made available when we're under contract. Our State Aid Account, as reviewed at the last Council meeting, would have a deficit of an'P....oxiMately ~33,O()D if the b!'id~e on P!'<'1irie Road, a culvert bridGe on South Coon Creek DrIve, and the Prairie ~oad Project were all comuleted this year, The deficit could be picked up by the 1978 allocation, However, these dollars might not be needed if con- ~t~uction on the bridge would not be completed this year. ¡·!r. Stockwell stated the City does not have to be under contract by a specific date on the bridge, Once funding is aV3ilable, the City can elect to go under contract next spring, He also explained as lon~ as we are impt"ovinl! an item on the HSAH system, they will allow you to make the transi tion from a lfl,-foot width at the bridge tapering back to the existing 2.D-foot sand road. They alsolpay for the ri~ht of way costs, This has been reviewed and confirmed by the State Den~rtment, !layor ITindschitllfelt the ITatershed Board favored a prestressed bridge because of the maintenance probler.1. It is easier to clean under a bridge than it is in culverts. !!r , Stockwell stated another advantage of the prestressed bridge is if and when they lower the bottom of th~ creek, depth will be available; whereas with a culvert, there is a fixed elevation, The ~ulverts are to be set approximately 18 inches into the bottom of the creek; so until the creek is lowered, there would be a lot of naterial washing into the culve:rts. Hayor ',7indschi tl felt that for appearance, maintenance problems, and use in recreational purposes, there isn't any other solution but to put in a prestressed bridge. Discussion contiJued on the construction of both bridges and the water levels in each, On the Þ!'estresS~d brid~e there would be approximately two feet of clearance even when the water level is at its hi~hest, but the road would also have to be raised an additional I two feet. Counc~lperson Orttel commented that the maintenance of the p~estressed bridge ,'.Tollld come out 0fj City funds, but maintenance on the culverts and the creek itself vlOuld comq f:rom the Coon Creek ~atershed. Mr. Stockwell said land acquisition would be from one nrope~ty own~- amountin~ to app~oximately 300 feet on either side of the bridge and 1:0 feet ~lÍde -_¡the cost, which would come out of the 115M! account, remains the same with e1 thq:o brld,~e. ¡'¡OTIO'! by "!indschitl, that we approve the prestressed bridge for South Coon Creek Drive, Hotion dies for lacl: of a second. -. Re~ular City Council Heetinr, AU:;'J.st 2, 1977 - !-linutes Pa~e 3 (Brid~e Report, Continued) Discussion was on whether a motion is needed approving the culvert-type bridge, Since either brid~e would be 100 percent funded, 11ayor TIindschitl's main concern was use of the creek for recreational purposes and that the culvert bridge would eliminate canoeing on the creek when the water table is hi,~h ~nd p08sibly creating a safety factor of having to canoe through a lonr; culvert. !Ie researched with the County the use of the creek as a public waterway but had not ~eceived all the information at this time. Hr, Stockwell explained that depending on the water elevation, either bridge will be designed for the saMe volume of wnter to r,o through it; however, the prestressed bridge would have an addition~l t~o feet of clearin~ under it because of the way it is constructed. nOTION' by Lachinski, Seconded by nrttel, to apurove the culvert-type bridr,e for South Coon Creek Drive. DiGcussion: Hayor l,':indschitl questioned why create a safety hazard wi th the clllve,..t bridr,-e ,'¡hen the entire thing is 100 percent funded? Discussion waS again on the const!'uction, clarification of height of each bridge, safety factor of canoeing, It Vl~lS sU,~fSested tha.t the engineering firm research the safety factor further as to which one io really unsafe, if at all, Also, to investigate additional costs on the potential maintenance on the bridges and what the potential difference might be in ~idening the road in the fu ture, Councilpersons Lachinski and Orttel withdrew the ~otion and second. Prairie D.oad ~asements - Attorney Attorney Hawkins explained there are eißht easement acquiffi±jans for Prairie Road, which com~letes all of them with the exception of }~. Holasek's acquisitions, (He informed the Council that they did appear in District Court, OU!' petition for condemnation was ~ranted, the Co~miGsioners we!'e appointed to be sworn in on Friday, and they will be reviewin~ the ~r~perty within the next week or two.) Thcse easements to be approved are based on a )1,000 per acre cost with co~pensation for trees where appropriate and in one instance for Gorn~ severance darna8e for a ho~e. Host of the acquisitions are on the north end of Prairie ~~ad. On the Barnes ~roperty there are two old, enormous white oak trees that will have to be taken dovm and three cedar trees. Agreement reached for these five t"'ees is '1lt500. I Hr. Hawkins stated th3t norr.Jally that is a little higher than VIe would uay, but it is oJ a ~esidential site and they are extremely old and very enormous, H0TIn~ by Vande~1a~n, Seconded by Orttel, that the City Council a~prove the remaining easement acquisijions for the Prairie ~oad P~oject as indicated in the letter from Babcock, Loch~~. Neilson f1 Hannella dated August 2, 1977; and in addition, a ~1.500 amount for the destruction of f~ve trees on the Faye Barnes prope,..ty also be authorized. (See Resolution non_7) notion C~r"ied unanimously. Attorney Ha~::ins flso exnlained the easement acquisitions on the 1977-1 project consisting of nondin~ site nreas and storm seITer pipe easements. ~æ. Hawkins explained in deterr.Jini~ the ?lacer.lent eas?ment between homes, we have placed a value on a 1,500 square foot lot in that a~ea of ~f,ooO, which equals a square foot value of 40 cents, In dealing with starn sewer ~ipe there would prob0bly be little or no r.Jaintenance, so a figure of 30 uercent of the market value of the land was selected for the value of the permanent easemffit, p.mounting to 12 cDnts per square foot. On temporary easementG, wc have, in essence, taken the rental value tf the property and calculated a rate of return of 8 percent to determine the fi~ur~. Our ~praiser has used this method on previous occasions, and l~r. HawkinG contemplated us in .:., this rnethod in the future. Pondin.r,' site easement from lá'. 3erß'ren was dete~minQd at thelrate of 1500 par acrc; and since the pondin~ site is located near n st~ucture on the back of his lot, it uill be necessary for him to raise the structure, put in Q ne~ floor, and relandscar-e the area. The fiGure includes the ~3,OOO for thio, The ~e~ul~r City Council MÐetin~ Au~ust 2, 1977 - Hinutes PaE;e 1+ (~asemcnt Acquisitions, Continued) f:t~lt':"'e of ~1~,950 fro!!! n~'. a!ld !{rs. Hoore includes both low land and high land with two st-!1ct~lrAß on it. F';aS8tlent acqltisitions from :?alph Van Hyning is based on ~500 :per acre. r~. Hawkins stated at this ~oint four peo~le have not reached fin~l a~ree~ent, and he Rnticinated tbat three of those individuals p~obably will have to be the subject of p.~inent do~ain actinn. EOTI0H by Vande-L::1.an, Seconded by Orttel, that the City Council app~ove the ease~ent aC~11isitions fo~ tho 1977-1 Project as referenced in a letter from Babcock, Locher, Heilson r, nan!1ella dated Aur;ust 2, 1977, (See Resolution ~91-7) VOT'S OIT lmTIOH: Y'SS-Lachinski, Orttel, Vande:,:,Laa.n, ~.'[indschi tl; PRESEì:T-HcClure, :J.s he is a resident of "?ed Oaks and is directly affected by the project. Hotio!! carried. le!r, Stockwell stated he reviewed the Andover State Aid Account rer;ardinr; the en¡;ineering fees annlied to the preliminary pl"!1s of the southemportion of the Prairie Ro"d Project, ~5,4()(), In reviewing the time sheets for that portion of the project, he re-estimated that )2,000 would be a more accurate figure, and the ~3,400 difference would be absorbed at their exnen3e. The '.2,()()() ITould be eliGible for state Aid funds when construction ber,ins on that no~tion of the ~oadvay. Councilperson Lechinsld asked if the City is b8in~ reiMbursed to its aerial survey fund for this ~roject. èæ, Stockwell explained that ~ene~ally they would be assessing a ~ortion of that because it would be used for pre- liminary 8urveY8. The aerial ~hotos ITers used for the preliminary enGineering design, but t~e po~tion of the ~a~ itself hasn't been included. lIT. Stockwell did look into usinG the r.!::1.pS fo- cross sectionin~ in the ::?cd Da1>::s/northwoods street project, but in order to get it to an accu~acy they C0111d use, it would cost as much as it takes to go out and survey tt1 w'!1ich results in p;reate"':' accuracy th:;tn worl;:in,~ from photos. TTnrthwooñs/ned ("I:1':s Street ImnrOVF.'Msnts The conty-act fO~ st~eetB and storm seWÐrs for the Northrroods/Red Oaks Additions VIas awarded at the S"eci.'.l Council )':eetinr; on July 27, 1977, and ,,11 indications "re the Coon Creek r.iate:--shed Board I':rill é?þ"O!"ove storr.! drain<'1r,e of Northwoods into the creek for the ~300 , con:!18ction char,(';'8 at their AU!;ust 22 f.1eetinr;. Hr. Stockwell reported construction should be.r;in in the "':(e~ 0al'.:s :E<"ourth Addition this Thursdú..y, and another crew should beGin in lTorthwoods in a ¡"~eek or t\'fO. In both Additions, construction \'Jill be~in at the farthest end and wo~~~ to~?rd Crosstown Boulevard. The contractor anticipates co~pleting the entire p~oject by ê11J:)ror,dmately ~'Jover.tber 1, contingent uþon '.'reather conditions. The assessment ~olls will be ?~r-pared the first part of Septe~òer, the HearinG held the l"st part of Se?te~ber, and certify with the County by October 10, Atto~ney E.:1rlkinS h3.d been required by another community to exar.1ine the possibility of \'!orkin,,,": ...·rith thep and aJ:'t'.3.n?;ing the financing of projecis in excess of ~lOO,OOO. Uyon investir;atinr; the situation, Hr. H"wkins esti~ated " bO!1d for the 1977-1 Project to , be ~6()0-700,()()O {but he unde~stood it will prob"bly run over that); and based on the I schedule nrovider by the fisc3.1 agent, he felt he could issue the bonds for a fee of 13,500. The fisc"l "~e"t's fee ITould be "bout ~4,750, This doesn't include the bond council's co:t, wtich re~a~n~ ;he sa:e r.er;ardless of who h"ndles the ~atter, and it does not include th_ cost of oòtarn_n, the .atlnç. ~ F()'!'n~ss. Snt'tn~sted. Inc. - cx)lained the ~ole of beinr; a financial consultant to the CIty end the' differe~ce betwcen thei:-- h.'J.ndlin~ the bond issue versus the attorney õoinf\ it. :T. Forness estimated the bond for the 1977-1 Project r;auld be between ')700- 78f),f)()()1 for- '.'.rhich thai:--- fee l.'.Tould be '15,000. But this "Iso includes ,,11 the thinf,s ~e~ula~" City Council r~eetin,~ AUFÇust 2, 1977 - Hinutes PÐ..~e 5 (North~oods/red 0aks Street IMp~oveMcnts, Continued) Springsted h~s done for the City as the role of Fin~nc~_al Consultant, since this project began, ...·lO!'ldn~ with everyone trying to be aware of the best method of financing the p!'oject, M¿lh::incr sur;gestions on thinf,'s that !":light affect financinr;, generally GtayinG on ton of this to have the bonds sold and the money to the City to make the second payment to the contrQcto~ in October (the first payment corning from City funds), The ~1,500 difference between l~~ Ha~kints and Sþ~inGstedts fees on a 5780,000 bond financed over 20 years amounts to an interest ~ate of l} hundredths of a percentaße difference - a very minute diffe,..ence~ Mr# Forness continued, from the mechanical standpoint of the market, Spring- sted, as the financial consultant, is aware of the market because they deal with it every day, is aware of the chan~es in the mar1';:et, is aware of the disclosure requirement changes, is a~a~e of the kinds of information ~oing into the prospectus that need to be told about the City of Andover, ete. TIe explained that if they were not the financial consultants fa..... the City, they ,'rou.ld not be doing the backf,'round work on the project. They handle financial advisin,~ and the M8chanics of issuing the bond of projects. The contract has ~ ~ide"'" cl~us8 th~t they will n~ovide othe~ se~vices on request to be billed at ~50 an hou.....; ho~ever, Sn~in~sted h~s no intention of billing the City sepa~ately for the things tney havû done this year fo~ co~sultin~ as they feel that thei~ co~~enGation from sellinG the 'bon(Ìs would be adeql1.a te. Hr. Forness stated they wouldn't be doin5 those other things if the City ~eren't a client because there's not enou~h ~oney in it to Make it worth having the ,~_ceo11nt. Snrin~8teà is not available to,the City to advise on probleMs and then not handle the bond ~~Of,""'aM. !Ie estimated that Úí~ staff has spent about 23;1- hours on this "O~ojeet, which didn't include his ti~Ð, Attorney H!1wkins st!1ted he hadn't realized that the fiGcal a(';ent had been authorized to do anything on the nroject or had timo put in on it; his only concern was he could do the mechanical process cheaper and he merely ~anted to bring it to the Council's .qttention. He now felt there would be no savings because of the aMount of tir.te they , already have done on the p~oject and he withdrew his proposal. I 1 Ten-minutc recess at 9:10. C0rrection. stublLocation - ~n~incer I gr, stockwell re¡erred'to a letter to the Council dated July 22, 1977, regarding the sanit~~y sewer d si~n standard, the re~sons ~hy it is used, and an occasional problem that can occur. j~òe recent nroblem occurred at the south end of Jonquil Street west of C""ool:ed Lake. B c.nnse the late,:"al sevIer Y:é1S not low enou.'~h to serve the house with <1 no.....~al h-inch se~viee, tr.e contractor was required to repìace the 4-inch service ~ith a ~-inch servic9 I~ith less ~rade, resu1tinrr in an expense of ~1,372.87 -- ~232 for the h-inc~ ~i,~ Qn~ ll,lUO for labor. There ~as a cons~de~abIG a~ount of discussion on why this problem occurred, on why this na~ticulrtr nroble~ should cost so T:'meh, and what the cost ent<'1ils. Hr. Stock\':ell stated the h-inch 8ervi~e h<1d nl:,:"eady been installed before a IJroblem ','las noticed, the pipe was t~en <1~~arently b~rie~, and then the service had to be removed and replaced with a 6- inch service. I~ is a~n~oxiM~tely a IOO-foot service, which is not an extreoely lon~ onc. Lano~ costs ",rere (~lle3tioned as the contractor billed the City for 30 hours, ,',rhich includes removin~ the u-i~ch se.....vice, installin~ the 6-inch service, alterations on the main line (removing a 4-incF Y and :':"eplacin~ it ~~th a larGer one to tie into the service), plus down ti~e, at a cost of ~38 an hour. I !'r, Thurston questioned the City's obli~ation to pay hiD to take out the 4-inch line beC~U6e he didn't follow the Ordinance by not exposinc both ends and tak:inG the elevation. Had he done that, he would have realized there was Going to be a proble~ and no down ti~e W011ld have been involved. Mayor ~indschitl felt that we do owe for the 6-inch pipe and - - -, "Pe~T11ar City Council r::ceting Au~u'st 2, 1977 - !!inutes Pa~e h (Cor~ection, Stub Location, Continued) the cuttin~ into the main line, but didn't see why we should pay for the contractor's Mist!1ke. 1~r. ThTI~ston commented that if we were to enforce the Ordinance, possibly no one would be willinr; to v:o!'h: in Andover, and it could cost the residents considerably More because of the ~roblem with placing equipment once both ends are exposed -- once the sand is dist11rb9d, the ecuiTIment cannot be placed on it. nlen no~e~s - felt that it an~GnTS this property was the lowest in that area and in establishing the ~rade, the en~ineers missed this. Hr. Stockwell explained the elevation ry~S co~rect and the nine ryas three feet below the basement; there's a vari3ble, as we don't know how far that pipe is ~oin~ to come out of the house. It would be unreasonable to uncove~ the dr~in and actually measure the depth at which it comes out of the house. Mr. Stockwell also explained that we have lead that homeowner to believe that the City has the :resDonsibility to nay thts charG'e. They were told to pay nothing but the original estimate ~iven them for the 4-inch service. r'~r. Stockwell didn't know how much this \rl~S. Councilne~son Orttel su~gested the Council talk with the contractor: Hr, Stockwell was asked to detÐ~mine the cost of the 6-inch pipe, what it would cost to lay it, and what it would cost to put in the 6-inch y, Lily Street Penort Hr. Stockwell reviewed the ,ruly 29, 1977, letter sum~arizin~ the current status of the Lily Street Project. Coon Papids' revised feasibility study has been co~pleted, and the two ~~jor cha~~es they made in an atte~pt to reduce the cost of the project are to red1,ce the len.~th of the street construction by 100 feet and to raise the depth of the storm sewer system about 1 foot. Also, the method of 3ssessing Andover's po~tion of the project ~as chan~ed to ~ake it rno~e fair to Andover residents by figuring out what it wOllIn cost Andov8:'" to construct the store sewer for just that area. Based on the new fe~sibil'ty study, street assessment would be ~8.50 per front foot and storm sewer assessments would be 12,,3 cents pet' square foot. Mr. Stockwell felt the assessment nrocednre is V8!:'Y fair to the City D..nd felt the revised costs are lower than if Andover rye~e to do theln~oject ~ithout tarticipation from Coon ~apids, He reco~~ended the City Cou~cil conduct a n~blic hearin~ to inform the citizens of the revised costs. Discussion was ¡n "'hat happens to a lot if the cul-de-sac is placed 100 feet south of w'!1ere it "JaS o~ ~ina.lly "Dlanned. Hr. Stockwell recommended the City vacate a portion of the 99-foot ri~Jt of way, makin~ the lot larger, as the only easement ~e really need r""om a utility. tandpoint would be alonlj that section line, approxim.:ltely 30 feet. HA·YO-'" ',7indSchitt questioned if it ...would be better to include this project when we do the enti~e P~Ojict north of there, Further discussion was on the placc~ent of the cul-de- sac, the size 0 it, vacating property that we paid money for, the intent for purchasing the additional 6 feet of ri~ht of way beinG to be able to put in the cul-de-sac at the very north end ~f Lily Street (~KDA had no intention of extcnding the street all the way throu~h), a~d wìether or not Lot 6311 would be a buildable lot according to our Ordinance as it ~o111d not have the necessary fronta~e on the right of way (Ordinance requires 60 feet radius at ~he right of way; however, Hr, Stockwell stated it would be about 50 feet, the s~me as in ~reen Acres, which is sufficient.) .' , Hr .Stocl,::well ad ed that Coon '?anids did look into buying a pond for storm tlater drainaßc bllt found it un. easible because of the hi-'jh water table in the area. He also was not I . aware of any ap~~oval from the D~~ rer,a~din~ draina~e into the lake, and stated ~e need to deter~ine ~h~rc to Dut the cul-de-sac as-Coon ~apids is waiting for the information to ,renare thei~ firral nlans, In the agree~ent with Coon ?apids, there will be a specific doll~~ a~ount for Andover's share. The storm sewer lies in the corporate limits. Hayor l:,ri.nn.schi tl ar<::recd that the costs are ro? duced, but it is still a very hi~h storm sewer assessme!1t. H::-. Stoc~·;:well stated the street costs are very 10\"1 for a temporary street. "1'~o action VJaG t<1ken on this Matte:::-. P~~llla:r- City Council ~';~etinp; Al1~nSt 2, lc)77 - H:i.nutes Pa(\~ ? Final Sv~tcms StateMent City Cle-1: Llndquist asl:ed that the Clty Council plan a work ssssion wlth herself and the Ctty Atto!"n~y to dr-a1'! up the Resolution requesting a Hearing to the Hetroþolitan Council and decidin~ whether o~ not we ITGnt to enter into a stipulation. In that ~esolution the law requires us to set forth those parts of the Syste~s Statement we want chanGed and how we want it ch0n~ed. If it is just the alrport issue, just the stipulation is needed that they ~ould continue this until after the ~Tearings on the airpo~t in October. If the Connell still has questions with the population fiGures, VIe have to have the HOQring befo~e Au¡;ust 22, the date we must reply on the Final Systems Statement. Attorney ~a~~ins stated that to p~otect us, rather th~n go on some info~rn31 aGreement with the 11etronolitan Council th~t we can amend this &fter October, we should send the TIesolution GO that ~e don't face the challen~e of some other communities sayin~ Andover received A sp~cial extension of ti~e. H0TJni-r by HcCI1P'8, Seconded by O;:'ttel, that the Andover City Council, along with the Clty Gle.....]>;:, Le.'~al Council, Qnd the Pl~nninf, and Zoning members meet in a Special Council ~'~e~tín~ to 'he held ~·7onday, AUf;UGt .8, 7:30 )),m., for the purpose of draftin~ a Resolution in !1!1S'.'79:,", to the Heb"'onolitan Council Syster.:rs statement. Hotion carried unanit1ously. Cnnnit'J.r:han Ac""es !,œ. Stockwell explained this property is located in the !Iorthwoods Addition, and he felt it was necessary to discuss the extension of the sanitary sewer to this area now as streets and storm sewers are beinG put in shortly and it would be necessary to stub this out:) ,rior to any street work. A 5'J-foot stub, 16 to l~ feet deep (requiring dewaterinG) would be required. An estimate from !iorthern ContractlnG on this project was $9,995, Hr. Stockwell did a hand soil boring about the location of the cul-de-sac and discovered--that at 5 feet there was þeat and groundITater. Therefore, he felt the lots probably would not be bulldable unless fill would be brought ln, which would be very expensive, Knowing the conditions, ~~, Stocl~"ell dld not feel it would be wise to put in the sanltary sewer at this point, Be will be forwardinr,a memo to the Council on the soil conditions, Variance "!{eouest 1- T.leonard l~cLaur:hlin I Planning and Zoning Conmission Chairnan, Don Jacobson, explained the background on this variance in that :111', HcLaur,hlin be allowed to reGroup two orir,lnal lots and form two new lots, At first LeGal Connell said no addltional lots would be created and all he would have to do is ßet ~ Good legal and file it. No variance ':laS needed. Later on, Hr. Haw~,:ins , discovered he haQ ",ade a mistake and felt a variance would be needed, alonr, with a new and better leITal ¡descriPtion. The Cornr.:rission then recommended the variance be granted, and the ne~ legal descrlption has been furnished, IT, HawY~ns commented that originally he ViaS under the ¡ir1'pression it ,,!a8 a 5-acre parcel. He stated he \'las in error and apologized to J11', !~LaU~hlil for the problems involved. ChanginG lot lines around has been done "9reviously. W1TIorl by Lachinski, Seconded by !~cClure, that the City of Andover approve the Variance , ~eollest for Leonard J~cLanGhlin under Section 17,01 of Ordinance 10, for the followlng reasons: 1) The lots, as they currently are, are not buildable and they have physical conditlons that restrict buildinG; 2) There was no opposition from the nelGhborhood or I surrounding residents; 3) The Variance will result in 2 lots and they conform to the City Zoninr, Codes, ~eterence the attached map submitted by 111', I~Laughlin showing Tract A and Tract B for t e property which was known as Lot 11 and Lot 12 of Auditors Sub, #102, and also reference to City ClerI,'s letter of July 15, 1977, on the condition that Hr, He Laughlin pay $100 per lot for parl, dedication fees. Discussion: The question of the Pegular City Council lieeting AUGUst 2, 1977 - 1!inutes Page ,'3 (Variance neQuest - Leonard r-1cLaughlin, Continued) ~lOO þer lot park dedication fees was discussed. The purpose of the park fees are for the increased populace in the area where additional lots are created, Hr. Hawkins felt in this case no 'new lots are being created, they are just chanGing lot lines; and park fees are not required under those circumstances, Councilperson Lachinski withdrew that condition of the motion. Second still stands, (See Resolution R93-7) !-lotion carried u!lanir.1Ously. )[OTIO:, by VanderLaan, Seconded by Orttel, that the Council extend the meeting time to 11:15, Motion carried unaniMously. Final Plat - Pound Lake Estates Attorney Eawl:ins stated all title objections have been cleared, HOTImr by Lachinski, Seconded by ·:cClure, that the City Council, City of Andover, approve Lund's Round Lal:e Estates Final Plat as it does conform with the City's Platting Ordinance, and authorize the !1ayor and City Clerk to sign the Final Plat, and to accept the streets élnd other on-site irnprover.1ents. (~~ _.~~~L_~L ~H ~,-,J~-7) l-lotion carried unanimously. Non-Intoxicat5.nr; Halt Liauor License - Lions Club !·TOTIO~r by Orttel, Seconded by Lachinsl:1, that the City Council authorize an issue of a !Ton-Intoxicating ![alt Liquor License to the Lions Club for AUGUst 27 and August 23 at a fee of $10 at the City Hall Park, Discussion: The fee is based on what the Lions Club has been char~ed for licenses previously. !-ration carried unanimously. TIesí~nation _ P ~ Z Chairman Hayor 1'lindschi tll cormended J~, Jacobson on his work as P r, Z Chairman, WJTIo:r by Orttel Seconded by Lachinsld, that the City Council accept the resignation of Don Jacobson as ChairMan of the Planning and Zoning Commission effective August 16, !Iotion , carried Unani!?lOUsly. Hayor ITindschitl{SuGgested appointing the ChairMan for two 3-month terms, as he felt it would be too ong a time for one person to do it the entire period because of the enormous amount if work involved, Previous practice has been to rotate the Chairmanship, nOTIOn by ':lindsc~i tl, Seconded by ![cClure, to appoint Larry Retzlaff as the Planning and Zoning ChairMan or a term to expire on April 30, 1978, Discussion was on what our Ordinance says regarding the term of the P & Z Chairman -- is it for a year, for the unexpired portio~ of the term, or until January I? !~yor ITindschitl's intent was to divide it equally and yet provide for the rotation, This item was held over until after the I next item is discussed. Park/Recreation dOm'1iGSiOn - Collection of Park Surveys 1'Tes Hand from th~ Park/Pecreation ComÜsGion asked that funds be approved to have a local organization (JC'IS, Lions, 30Y Scouts, or Girl Scouts, etc,) collect the ParI: Survey fron the residents of the City that were mailed to then in the last newsletter, The Park ComnisGion felt ~ better res~onse would be received if it could be hand collected and then reimburse the orGanization for their work. They recommended 15 cents per returned survey, -- Regular City Council l!eetine; August 2, 1977 - !-!inutes Page 9 (Park/J?ecreation Commission - Collection of Park Surveys, Continued) a~proximately ~300, monies coming from the Park Board fund, Discussion "¡as on the insurance liability of having a.n organization contracted by the City. Hiss Lindquist stated that anybody the City contracts with, we require they have their own insurance and furnish us with an insurance certificate. J~, !·!and stated the Jaycees are starting a new group in Andover, and they are willine; to do the project as they need some fund raising projects. l!r, Iland s ta ted the Jayc ees do carry their Ofm insuranc e, The problem of insurance ITÐ.G never discussed by the Park Con~ission. The Clerk can look at the or~anization volunteerinG to ~ake sure they do have the required in~urance. lrr. Hand expressed concern that there is a time factor involved; the longer these surveys are left out, the more likely they are never to be returned, ~~. ro~ers asked if insurance uould be required if a volunteer organization decided to collect these surveys as their ovm project, returned them to the Park Board, and at that time all the organizations involved would be paid based on the number of surveys returned, Attorney RaITkins ex~lained that they are still beine; compensated; therefore, it would be as if ITe hired them, The insurance liability would still be necessary, !!OTIO'! by Orttel, Seconded by r.achinsl:i, that the City Council direct the Clerk to arrange for collection of Park Planning Questionnaire by a local organization not to exceed 15 cents ner form, 1~300 in total, subject to her receivin~ satisfactory approval on liability insurance prior to the collection. Discussion was the aMount paid for each for~ 118. Lindouist stated that return pOGtage would be approxiMately 20 cents per for~ sin:e it is over 2 ounces. Hr. l";:and stated that since the City does. not have a return rostace stami1, by just placing return staMpS on the forMs, the Par], Co",mission felt that most of theM wouldn't be returned, ",oney would be wasted, etc. They felt that by hand collecting theM, a better r~s~onse ITould be received. VOTB ()~r !!OTIO~r: YJ'B-Lachins!:i, Orttel; nO-r~cClure, VanderLaan, 1,'/indschitl :btion defeated. \ POTIOn by ;'lindsc1iitl, Seconded by :rcClure, that the City Council direct the Clerk to arrange for collection o~ Par], Planning Questionnaire by a local organization not to exceed 13 cents per completed form, ~300 in total, subject to her receiving satisfactory approval on liability insu~ance prior to the collection, VOTE on JiOTIOIT: i:SS-LaChinSl:i, J¡cClure, orttel, 1'1indschitl; ìJO-Va.nderLaan Hotion carried, Park/pecreation COM~ission - Trees on Prairie Road Project Attorney Hawkins taw no proble", with the Jaycees removing trees from the Prairie Road project ease~e~ts and transplanting the", on otherlCity property, POTIOn by Orttel, Seconded by PcClure, that the City Council authorize the Andover Jaycees " ""0' ,.,., 'I'm ", 'o,"" "., "",'0"'" ,.,j,., ....,.", .., "... "., " other City nrOl1er y, Discussion: I·~, J·:and stated the Jaycees originally wanted to cut some of the trees down to sell as firewood to raise meney to be used to offset the cost of transplantin~ the trees. Discussion was on Making sure the funds raised iron selling City ~ro~erty is returned to the City, Jæ, Stockwell explained that he has given permission for the indiVidua~ property owners to cut down trees for their ~ersonal use. The con- tr~ctor has no priblem with the Jaycees removing trees as he would just have to destroy them any way, It', ¡rand stated probably J:1Qst of the trees would be planted in the proposed park of Barnes Rollin~ Oaka. ~-- 'Re(';ular City Council Heeting AUê,U3t 2, 1977 - m:lUtes Page 10 (Park/Recreation Com~iGsion - Trees on Prairie Road Project, Continued) tl.T~m!œ¡TT TO HOTIOn by Lachin.ski, Seconded by HcClure, that the renoval of treeo fron the Prairie TIoad Project fron property which tho City ovms to City Park property in coordina- tion \':1 th the P<J.rl~ Cor.n:1ission. Discussion: ræ. Stocl~vell stated everyone was told to remove only trees that have been specifically narked, Councilpersons Lachinsy..i and HcClu,", withdrew the amendment and second, Councilperoono Orttel and J!cClure withdrew the motion and second. J!OTIr1H by VanderLaan, Seconded by J!cClure, that the City Council direct the Attorney to pre,are and the City Council to enter into an agreement with the Jaycees to cut for resale firewood from the Prairie Road Improvement Project with the stipulation that proceeds fron the Gale of the firewood will be returned to the City, Hation carried unanir.lOusly. HOTIOlT by Orttel, Seconded by ][cClure, that the City Council authorize the Jaycees to remove trees marked for removal by the Engineer on the Prairie Road Project and replace them on City p~oþerty under the direction of the Parks Departnent. Notion carried unani- mously. Glen Rogers explained that the list of specifications for the maintenance equipment wao given to the City Staff, Tb, Lindquist explained that bids will be put in the paper this Friday and will clooe on !!onday, AUGust 22, The Council will review them at the first meeting in September, ~lannin~ and Zonin~ Chairnan. Continued Discussion continued as to when the P ~ Z Chairman term shall expire and when !~. Jacobson's chairmanship began. Attorney I!aw!d.ns interpreted Ordinance 11 that the term of Chairman would expire on January 1. The new chairman would not fill t~. Jacobson's unexpired -racancy as a Conr.1ission menber, ju.ot as the ChairI:!an. !!ayor ','lindochitllchanged hiD !·!OTIO:! to: that Larry TIetzlaff be made Chairman of the Planning and Zon;n.r; Comr.ÜGsion for a tern to run to fulfill the unexpired tern of !-ir. Jacobson. Counc~lpersons HcClure's second atill stands. Discussion: It was aGsUTIed !T. Retzlaff had ¡met the attendance requirements, !!otion carried unanimously, HOTrnrr 'by J..achinG,l':i, Seconded by rfcClure, to extend the meeting until 12 p,m, !!otion carried unanir.1ously. I' ~esident CO~Munication CO~r.1ittee I Charlie Vie~an, Crair~an, requested additional funds for two more publications of the HeC/sletter this year. W)TIOTT by Lo.chinst.,:i, 'seconded b:T Ortt~l, to authorize the Resident Comr.mnication CO~r.littee to spend an a!:lount not to exceed ~702 for nrintinc and Dootagc of newsletters for the I -- remainder of the rear, Tmtion ca~ried unanimously, ~ire Protection COMMittee Councilperson Ortìel as]:ed the Council to meet with the Fire Protection Committee for several hours to is cuss their final report. The report will be out Thursday for the Council's revtew, TrOTIOH by Orttel, Seconded by !!eClure, that the City Council hold a Special Heeting at 13:15 p.m, at the City"T!all, City of Andover, on the 11th Day of Auv~st, 1977, for the purpose of discussinr, the Final neport of the Fire Protection COMmittee. r1otion carried unanir.1ously. --- -- -, Rehul~r City Council MeetinG AU!':t:st 2, 1977 - I!inu tes ~ru:~e 11 Zoni.np:: Vtolattons "Snforcenent !.!r. Thurston's letter of Au[;ust 1, 1977, inforr.!ed the Council of the current standin[;s of the violations renorted by the P ~ Z, He explained that in so~e instances there has not been enough tiMe to handle the situation. ICnO Conference Attendance J!r, Thurston reouested authorization to attend the Annual ITational ICBO Conference held Senter.!her 11 - 15 in California for a total cost of $585, At the present time the Personnel Co~nittee has not Made a determination on policy for national conferences. It was l!r, Thurston's opinion that benefit would be gained fro", the Conference in that he would be directly involved in implementing chan~es to the Building Code. J;OTIO!T by VanderLaan, Seconded by Orttel, that the City Council, City of Andover, authorize James Thurston to attend the Annual business meeting of the International Conference of BuildinG Officiala in Coronado, California, on Septer.!ber 11 throuch Septer.!ber 15, 1977, to include the following anticipated expenses: Registration, ~llO; Hotel, $150; Airfare, ~275; Niscellaneous, ~50; for a r.¡a"ÜlUr.¡ total of 5585, Discussion: on ~hether this was included in the funds allotted for conferences in the budcet, !·;s, Lindquist stated that all expenses exce~t airfare is budgeted under Schools and the airfare is budgeted under Transportation. VOT~ ŒT HO~IOH: YES-r-TcClure, Orttel, VanderLaan, ~'Iindschi tl; JiO-Lachinsld Ì-Íotion cLl.!'ried. Assessors' School Attendance , Discussion was that by aut!lorizin:: nr. ClouCh, Buildinb Inspector, to attend both of these coursoG, the City ".'Duld be without arry building officials the ".¡eek of Septer.Jber 12 as both r~. Thurston and Hr. Clough ~ould be gone. The þurposc of thene courses, reasons for takin~ the~ (those are the t~o courscs r~. Clough needs to beco~e a certified assessor), and the possibility of getting so~eone frOTI a neiGhborinr, cOr.J~unity to do inspections for Ithat TIsel: were discuDsed. Councilperson VanderLaan sUGgested authoriza- tion be ~iven fo~ the August 8-12 course and that investiGation be done in the - , Buildin~ Insþec~ion Dopart~ent as to the coveraGe of Ollr buildinG inspection services and that it be ~laced on a later agenda. I 1!0TIO'T by VanderLaan, Seconded by rrcClure, that the City Council authoO'ize David ClouCh to a ttend cours~ A, AssessMent Laws, 'ristory and Procedure, on AUGUst 8 throuGh 12, }!otion carried una!lir.!Ousl:;~. Discussion waD oln !:r. ~hurston's request to attend an assessor school. !.:r. Thurston stated I he did not need these courses for his certification but felt the courses would be very useful and VD..luaÇle-in his worI:. These courses are offered by tho University of Hinnesota only once a year:. At thè'present titlc, no credit is Given for attendinr: the ICBO conferences. ITo action flas taken on this r:!.:ltter. Herit Increases Councilperson Lachinski co"mented that Bob I:uscovitz is objectinG to the ar.lOunt of the nronosed raise, ~nd is as1:inG to r.!eet with the Personnel COMr.!ittee, Councilperson Lachins1d felt a d has inforr.!ed J:r, !;uscovitz the proper procedure rlOuld be to talk with Hr. Thurston firpt and then proceed throuGh the Personnel Comrlittee if he still feels it 5.8 neceS3arJr. Pe~lar City Council Heeting \U"ë'c;t 2, 1977 - Ilinutes Pa p:e 12 (I.~eri t Increases, Continued) NnTIOH by VanderLaan, Seconded by ':!indschitl, that the following merit increases be authorized by the City Council: Deloris Hanson, 33 cents per hour; Rae Bah:ke, 13 cents 'Per hour; Janet !;voland, 13 cents per hour: Bob Muscovitz, 13 cents per hour; and David Clough, 13 cents per hour~ Discussion: Councilperson VanderLaan stated her reason for proposing the motion no~ is because the employees have been waitinc for their increases for sone tin~ and should it cone about that additional monies vould be recommended, the Council could act on that singularily. Councilperson VanderLaan ADDED TO THE !rOTIO!!: to be retroactive to July 1, 1977, Second still stands, Further DiscuGoion: Hr. Thurston stated he \'¡.:1S reluctant to !:lake reco!!1mendations on both IT. Clough and !b. l~Gcovitz because he'd assuMed that possible reshufflinG of positions ~ill be considered. !!e felt it would make nore sense to exclude both people at this ti!:1e aGsu~in~ sOMething miGht be forthconinß, because it could be affected by a reali~n1ent of duties, Councilpe~son VanderLaan stated if that vere the case, they vlOuld be wor!:ing for a period of time without benefit of their raises -- this is an atte~pt to treat everyone equally~ notion carried unanimously. Councilperson Lachinski cOMmented that, after tall:in~ \'lith Ifr. Thurston and going throu~h the appeal process, Dome More apþropriate raise could be iMple~ented. HOTTar¡ by Orttel, Seconded by Lachinski, that we carryover Itens 6a,.through d, Items 9d and e, and IteM lla to a Special Heeting on ¡¡onday, August 8. J.~otion carried unant~ously. Annroval of Clai~B HnTIOn by HcClure, Seconded by Orttel, that we approve Check Voucher J~nbers 1365 through 1380 for a total amount of ~23,644,34, !wtion carried unaniMously. HOTI0U by orttel,¡ Seconded b~t Lachíns1-:i, to adjourn, Hotion carried unanimously. Heeting adjourne1 at 12:28 a,n, Respectfully submitted, I . .... . \~,..~~~~~ .,..., ¡Iarcella A, ?eac~ . ..? ~ecording Secretary l· " ; / - -,