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HomeMy WebLinkAboutCC July 19, 1977 CITY of ANDOVER ~EGUL~~ CITY COUNCIL MEETING - JULY 19, 1977 ¡-!INU TES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry '.'/indschitl on July 19, 1977, 7:30 p,m" at the Andover City Hall, 1685 Crosstown Boulevard W~, Anoka, Hinnesota, Councilpersons þresent: LachinsJd, HcClure, Orttel, VanderLaan Council~e~sons absent: None Also present: City Attorney, ~illiam G, Hawkins (arrived at 8 p,m.), City Engineer, Rex Stocbvell; Planning and Zoning Chairman, Don Jacobson; City Clerk, p, K. Lindquist; and interested residents, 'Resident Forum T)on Jacobson. 14R26 Universitv Avenue, renresentin~ Plannin~ and Zonin~ Co~mission - TIhen any Commission members believed they have uncovered an Ordinance violation, it would be sent to the Building Inspector, None Of these requests have been noted to any great extent, Hr, Jacobson brought them before the Council for disposition, The following are the violations reported: 1.) Hetal buildings on Barnes Rolling Oaks, First Addition, are in a dilapidated state and felt that under the State Building Code we could have them removed, 2) Fallin!'; dovm, sagging, and dilapidated barn acroSS from the Carl Erickson home on Crosstown Boulevard. 3) In Auditors Subdivision 82 there is a storm Sewer manhole that has only a loose board covering it, 4) On the property ovmed by the old County Gas Company located at Andover Boulevard and the (¡reat !!orthern Railroad tracks, the buildings are in a di~apidated state and are of some concern to the health and welfare of the City. 5) Junk on the property of I~, Trueman Hulegaard on Round Lake Boulevard, 6) Intersection of Constance Boulevard and Crosstown Boulevard, junk and junk cars, 7) Junk cars observed at the following locations: 13526 Crooked Lake Boulevard, 13563 Crooked Lake Boulevard, 13818 Crosstown Boulevard, and 13848 Crosstown Boulevard, 8) ~~at SOme Commission members felt was mining in the City for which no permit was issued was the removal of a substantial amount of black dirt from the vacinity of 167th and poundlLake Boulevard, q) Meadowareek Baptist Church: Tbe County paper noted they had planned an expansion of the faciliti s to include a gymnasium, Our Ordinance requires a Special Use Permit, , . !Tone has been a~plied for, }T, Jacobson stated the only thing he could flnd on Headow Creek was a Spe?ial Use Permit dated June 11, 1974, to allow for a Day Nursery at the school and a Butlding Permit for the church issued in 1972, The property is located in an PI zoning di trict and a Special Use Permit for a church in an PI district is required, Hr, Jacobson th~Ught"there was some lega¡ gray areas here, They have a private school with grades K-l , which probably requires a Special Use Permit that has never been applied for. He was concerned about the added construction to the building and called Pastor Valentine to ex'ress his concern, Harold Kinl':horn loR 0 Hississippi Boulevard ,.reTIre8entin~ Heado\7 Creek Bantist Church - showed the Junel12, 1974, Building Permit for which they paid ~396 plus 3300 and a variance grantef by Jaworsl<i and Schneider for Special Use, !~, Kinghorn stated they're building it as church, a fellowship hall for which they're building a new kitchen and some Sunday SChrOl rooms, called a Christian Education Center, They've come requesting direction, IT, Kinghorn continued, the notice in the paper for the groundbreaking was for a service for them Sunday evening as that is how it happened to fit in their calendar, They realize they cannot build or do anything without a building permit, As soon as the plans are completed, they will present them for approval. Regular City Council Meeting July 19, 1977 - Hinutes Pa~e 2 (Resident Forum, Continued) During further discussion it was determined that the expansion previously was added on to the original structure and now they are planning another addition of about 60 by 80 feet, A Special Use Permit would be required and 6 weeks should be allowed for this, The Building Permit cannot be issued until the Special Use Permit is granted, The original building was built before January 1, 1971, and was existent when the Ordinance was adopted; therefore, an amended Special Use Permit, which would cost only ~25, might be required. The addition would be a further intensification of the educational facilities of the Church, In order to give the exact interpretation of the entire situation, the City Attorney should study it and will inform Pastor Valentine what should be done next, Attorney Ha~kins will have to answer whether two separate Special Use Permits are needed, whether an amended Special Use Permit is needed, or whether the school and structure can 'be seþa!"ated. It was the intent of the Church to come to the City to apply for the proper pe~mits even though groundbreaking ceremonies have taken place. Hayor \ïindschitl said the specific Ordinance violations should be given to ~, Thurston for disposition, and lir, Thurston should report back to the Council at the next meeting on AUi\Ust 2. A¡;enda Auproval Discussion was on Item 7e, Planning Consultant, Councilperson Lachinski questioned whether or not the Council wants !ir, Steffan to meet with ther.!, Concern was also expressed by Councilperson Orttel that there is not much tir.!e for us to reply to the Uetropolitan Council on the Final Systems Statement, and we should get going on it, Hayor ~indschitl didn't feel he was adequately informed on the situation to discuss it this evening aslhe had just received the material, I·~, Jacobson stated the Planning and Zoning Commission has not had a chance to study the Final Systems Statement to comment on it. I I HOTIOJT by Lachinski, Seconded by Orttel, to approve the Agenda with the following changes: Delete Item 6c and modify Item 7d to Lot Split Ordinance, "'~ " ,.,",,,,, j IT"-'," ","'" . "'''""". Orttel; NO-VanderLaa~ Windschitl Ilotion carried, Lilv Street Ren rt Engineer Stockwjll reviewed his letter of July 14 outlining the current status of the Lily Street Pro ect, The bids received for the project were higher than originally estimated; and ~ecause of this, the City of Andover had decided to terminate the project and the City of oon Rapids has decided not to award the contract, The City of Coon Rapids has directed th ir Engineering Department to prepare another feasibility study, anticipated to be cOr.!pleted in a month, in hopes of finding alternative ways of doing the project in ~n effort to reduce costs, IIr, Stockwell further reported that the ori~inal assess ant procedure for the residents of Andover was unfair in that they were paying on the same area basis as Coon Rapids. The Coon TIapids' EnGineer would revisIT · "",",' '''1 " 00....'"" ,.".,"". " '"",." """",. 0>, ,,', >"", ".ic portion of that project should this project be reconsidered. T~is, t00, should reduce costs to Andove. residents, Councilperson VanderLaan explained that the City of Andover will have to go through the entire Public Hearing procedure again should we consider this ~roject ag~in. . I J1egular City Council Heeting July 19, 1977 - !Unutes par:e 3 PubUc Heari.n~ - Streets/Lund~ren-Oa r-"'idp;e Addition (134th/Eidelweiss) The Public Hearin~ for Streets and Storm Sewer in the Lundgren-Oakridge Addition (134th and Eidelueiss) was called to order by Mayor Jerry TIindschitl at 8:05 p,m, Engineer Stockwell reviewed the past history of the project, compared costs between the estimated costs stated at the previous Public Hearing and the bids received, showed maps and sketches of the area, and explained the reason for this Public Hearing was to inform the residents of the ~335 per average lot increase on the project and to find out whether or not they want the project to continue, Mary Ka~ Linder. 2828 134th Avenue In, - brought in a petition of 9 out of the 14 residents involved opposing the street/storm sewer project, one of whom is a prospective buyer of a horne in the a~ea. She explained they are o!>posed because they are planning to sell their house in the near future, some people objected to the increased project cost, two homes facing 133rd were against it because they received no direct benefit from it, and some just didn't really want the project all along but went along with it in the be ~innin,~. !Irs, Daniel Bean, 2861 133rd Avenue - felt the increased cost had a lot to do with the people not wantin" the project now, and also the time element, They thought the streets were corning in awhile arc. !!ore people are saying they didn't want it in the first place, Hr, Stockwell further ex!'lain-ad that no agreer:1ent has been made \'lith Hr, Schara about the d~aina"e ditch needed for the project, J'~. Schara uas concerned about the tree removal and compensation for them (¡{I', Stoc!n1ell felt it would be a minor amount), and he wants the City to take all risks guaranteeing that the water quality in his pond is the same as it is today and that appropriate action be taken if a problem ever develops, In !~, Stockwell's opinion, it is difficult to say what quality of water will be discharged, It is uossible to monitor the water quality to his pond by taking samples following a storm; , . hm'!6'ver, Hr. Stockwell dldn't know what the expense Vlould be, Currently the water from , Crooked Lake Boulevard is discharging in that pond, so he wouldn't anticipate the quality to be worse, I~ there is a difference of water quality, it would probably entail the City dig0ing a pond for the primary settlement before entering his pond, Councilprson VanderLaan questioned if this project was combined as a larger project including Gladiola Street, what ty~e of cost reduction could the people anticipate, and what type of problem would we ~ave ,71th 133rd--would Coon Rapids at that time be open to cooperating with us? She felt that ha~ to be answered before terminating the project in that we may be in a position to Offer a less costly street and may be in a position to offer the option to the Gladiola Street residents and the entire drainage area, because we know that at some fntu"e time thos~ construction costs are going to rise, ¡~, Stockwell said he had not re- searc hed this Sirce the last meeting, Hayor \'Iindschi tl commented that the problem is with Coon TIapidsl' opposition on 133rd and the lack of support for the project on Gladiola or in Lakeview Terrace, I!s, Be~ - state~ that at the last meeting it was decided that something was going to be done to protect the people from the costs going up again. She wondered what that was and if it was dote, Hayo!' 1'/indschi tl explaim d that that involved determining the exact d~ainaf,e area in the project so storm SOITer drainage could be more accurately determined. M~. Stoc!~~ell ha done this. This is, in part, what is causing the stor~ sewer costs to to UU, because tte drainaçe area is smaller than what was p~esented at the Public Hearing, Ms, Linder - as1, d if those ~eople living within the boundaries would be the only ones ~ayi~~ for the storm sewe~. This ITas not fully understood according to the letter that was just sent to the residents, ¡~, Stockwell replied yes, and it was determined that 10 of the 14 lots involved would have a storm seITer assessment, T1el':ular City Council Heetin,"; Julè' 19, 1977 - !!inutes Pase 4 (Lundgre!1-0akrid.,e Addition Public ITearin¡;, Continued) HOT Ion by Lachinski., Seconded by McClure, that the City of Andover aclQ10wledge recoipt of bids from Forest Lake Contractinl', in the amount of 325,231; lIardrives, Inc" $25,930,25 ; and Julian !!, Johnson Construction Corp., $25,972,12; and to ter~inate the improve~ent of bituminous streets with concrete curb and gutter and storm sewers for Eidelweiss Street and 134th Avenue WJ in the Lundgren Oa¡",idge Addition in Section 33, Township 32, Range 24 for the following reasons: excessive construction costs and the majority of the residents are against the improvement, (See Resolution P.83-7) VOTE ON !-IOTIO!!: YES-Lachinsp....i, NcClure, Orttel, "!indschitl; ITO-VanderLaan !rotion carried. Councilnerson VanderLaan stated that her no vote reflects her feeling that the question of offering a less costly project to the residents of the area has not been thoroughly conside~ed as the majority of the City Counc~l did not consider an expanded project area as recoMrIended by the engineering firr.1 in Januàry,· 1977. Due to that reason, the specific costs for the area could not be presented to the Council, !{ayor ITindschitl stated there was no support for the large project on Gladiola Street and Lakeview Terrace and that Coon Rapids would not participate on 133rd Avenue, which meant that the Andover residents would have to pay the e!1tire ~ortion of the costs on that, which in all likelihood, \'rould have rIa de the project more e::::pensive. P~ai~i~ Po~d - Award Contract r,~,... Stoc1mell reviewed his letter of July 12, 1977, to the Council which outlined the reS'll ts of the bids talŒn on July 1, 1977, from 9 cont~acting companies for the Prairie Road !~MI 101 Conotruction Project, with Alexander CO!1struction Co~pany, Inc" beinG the lowest bidder atn56,999.49. Based on the low bid received, the total project costs are esti!Oated to be ~202,OOO, and the project is to be completed on !1ovember 1, 1977, !!r, Stockwell then reviewed the sU","':lary of the State Aid Construction Account in his July 14, 1977, le,tter, which includes the Prairie Road Project, the BridGe Replacement Projects on Prairie Road and South Coon Creek Drive, 1 N'r. Stockwell e;::plained aþvrovrtl haG been received for the Prairie P.oad BridGe and the Money has be err set aside for this prestrcssed concrete bridge. Extcnsive changes have >... ..,. " ". ¡.."'."'.' " ". ".,> C", "..> "". """. ,,,,,,> ",,,.,,,, consisted of a PI' stressed concrete bridge but was rejected by the Coon Creek ITatershed Board and the Sta e of !!innesota because, ¡Tr, Stockwell thought, it would raise the road level by 4 feet1 bereby requirin~ a considerable a~ount of roadway construction. Plans now call fo~ thre Þ4-inch culverts, fill over the culverts with Class 5 gravel on the surface, SO!:1e aP'i'~oach fill v!ill also be !leeded, Hayor 17indschitl objected to the culve:,:"t-typc brid.rte because you close dm'm that portion of the cre!:tl>;: to the ±ð..... G\:;1 <.:l~oont ~ "people ";,,.ho use the creek for canoeing'. If that is the people's form of recreation, the City shouldn't be taking that away fro~ them, Also, if the 17atershed Board is planning to rmt in the hu~ canal they are tal!,ing about in the future, this bridGe wouldn't be e.deouate and waul then have to be tore riGht back out, Hayor 1.7indachitl also questioned how the ~7ate~shed derives the power to tell the City what type of bridge 1'le can build, Ht'. .stockwell eX"Plained they are the clearin~ house for that construction and have the jurisdiction ove:':' ¡Coon Creek. He also ex,lained that 100 percent of conatruction cost for t'te h~iclges is¡ funded, and the prestressed concrete bridge costs ~105,000 and the c11lvc!'t brid,~e over South Coon Cree!: Drive costs ~80,ooo. Hayor Vlindschi tl expressed dlsapnoint!:1ent t1w.t the Council isn't made a\7are of these changes when they take place as this is a draBtic chance fro~ vhat ~e thought we vere gettinr.. 1~. Stockwell vas di~ected to research this further and report back to the Council, - TIep;ula.r Ci tjT Council Heeting July 19, 1977 -IIinu tes Page 5 (Prairie ~oad - Award Contract, Continued) On the Prairie Road Project, dollars that are not eligible for State Aid Hunicipal funds and Dust be paid by the City is appro::iDately ~11,650 for rißht of ~ay acquisition costs, 1 percent en~ineering costs (State Aid pays only 13 percent of tho project cost for engineering fees and TKDA esti~ates their costs to be 11, percent of the total project cost), and Gail eÀ~loration costs. Hr. Stock"rell explained the enGineerin8' fees included costs for establishing the right of TIay, includinß several aliG~~ents through that area, Met with "?roþerty O\'mers and answered questions on a continuous basiG. Council:person Laèhihs!d questioned whether rir,ht of way acquisition costs should be considered part of the enGineerin~ fees. ITe felt there was a fine line between what was considered construction costs and ,'¡hat should be directed back to the residents. !,~, Stocl,,'¡ell explained the reason the alignnent was shifted was an attempt to reach an aGreeable alir,nmûnt for ac~uisition þurposes. lIe also estiDated that approximately 10 percent of the excavation would be muel: excavation. Also, the rißht of way acquisition costs did ta.':e into consideration the condemM.tion proceedinßs, On the Prairie ~oad BridGe Replacement Project, construction costs are ,paid directly out of the Brid~e ReplaceJOent Bonding Fund, The City's e::pense would be appro::iDately ~2.800, Siniliarly, on the South Coon Creek Bridge ~eplacemcnt Project, the City's eX~ensc ~ould be a~p~oxi~ately ~2,800. The Pra.irie TIoad Preliminary Plans originally "ras f~01!l Bun!:e"... Lake Boulevard to Crosstoi'm, then ~as reduced to include the area froD Andove~ Boulevard to Crossto~~. Some expense on the ~elirninary Plans was spent on the south half of the ~oad, H!'. Stocl..:well estinated approxir.!atcly ~5,400, which is a City eX~ense until that portion of the road is construction. It then beco~es elißible for State Aid, Mayor ITindschitl stated part of that cost would be eligible when the bridge is replaced as part of the design cost can be receovered, the section that deals with the realignment of the road and the a.pproach to the bridße, Hr, Stoclmell explained a portion of that ~as already included in the $11,000, Hayor \7indschitl questioned that $5,400 figure as only $10,000 ~as authorized to be spent on Preliminary Plans, Hr, Stockwell will.research that nUJOber and report back on it, There is approxiDately a $33,000 deficit in the !!SA Account, The 1978 State Aid allotment I will be approxiJOately $90,000 and will be_credited to Andover's account in 1978, The - , , $33,000 necessaïY to balance the 1977 State Aid account could be pald from the General Funds until tha~ additional allotment is credited in February, The Clerk stated the City would be able t carry this over for those three or four months and Attorney !Iawf-.ins explained that ~OrmallY the only tiDe fundo are not transferrable is· when the fund is pledged to pay orne obligation, ]'T, Stoc¡~vell recommended nothing be done until we f-~OW when the Prairi1 Road Bridge will be done, Bridße construction would not begin until it is auproved and the City has the construction ~oney froD the State, Bridße construction Monies from the IState is a fixed aDount;and ohould actual construction be more cootly, the City pays t4e difference, If the Prairie Road Bridße Project is not done this year, that construction coot can apply to the ¡!SA deficit, The Clerk e,rpla~ned that the City's expense for these projects has not been budgeted for 1977 and ~i11 be co~ing out of surplus Donies, Councilperson VanderLaan sUDDarized the City's shar of the costs for the Prairie Road Projects (road construction and bridge re~laceDent) is ~11,,450, which is not allowed in the budget, and it is a properly assessable cost Ólf the Council so chooses, W1TI01! by Vandeo¡Laan, Seconded by Orttel, that the City Council, City of Andover, request the staff to rr~~are a P.esolution acknowled~inG the receipt of bids from Alexander Construction Co~pany, Inc. , for $156,999,49; lIardrives, Inc., 5158,460,97; 110rthern Asphalt Construction, Inc. , $161,414,10; W, & G, Rehbein Brothers, Inc., n62,900,40; Arcon Const!'uction Co., Inc. , :>lß4,904,Ol; Forest Lake Contracting, rnc. , ~188,245,50; Reß1.1la.r City Council Heeting July 19, 1977 - !linutes Page 6 (Prairie Road -AI'lard Contract, !lotion by VanderLaan, Continued) Julian Johnson Construction, ~188,250,57; Richard Knutson, Inc., ~197,715,69; and C, S, lTcGrossan, Inc. , ~209,574,80; and that the City Council authorize the !'~yor and Clerk to enter into a contract ITith Alexander Construction Company, Inc ., for the Improvement of Prairie Road, I!unicipal State Aid l!ighITay Humber 101, 1,55 miles of that roadITay betITeen Andover Boulevard and CrosstoITU Boulevard ITith acknoITledgement that Alexander Construction ComDany is the 10ITest responsible bidder for the project, (See Resolution R84-7) Discussion: Because of the conde~~ation procedure involved, l:œ. Stock~ell explained they can start construction in the urban portion of the project, and by the time they need to get into the area in question, they ITill have perMission from the prope~ty oymer. l~. IIawI,:ins .caid \70 ha.ve sorved notioe that we intend to take possession 90 days from the notice; the!'efo:!"e, construction could begin at the latest on September 23, ITr, StocJ:well exnlained once a ~id is auarded, if he's delayed for an unreasonable period of time, he can ask :for additional compensation, but he assumed there is enoußh r!Orl~ on each end until a"')proval is given by Hr'~ .IIolasek. ~inslow lIolasek, 1159 Andover Boulovard 1n7 - explained the final alignment on Prairie road is bettor aD far as the amount of e::cavation is concerned. He repeated his willi"-~ne3c to negotiate his easement; but vhen condeMnation vas served, he had no alternative but to employ legal council, At this point, he feels it gets more complicated and more difficult to negotiate, and he feels he's getting pushed into condemnation, Also, he felt by Attorney TIavn:in's remarks to him that Iw, HaITJ~ns ITants to GO ahead ITith condemnation as lonG as it's been started. I~, HaITkins did not recall saying that, !~, I!olasek asked if the~e is goinG to be an attempt to negotiate this before the ITearing (!~, ¡¡aw!~ns stated the !Iearin(j has been reset for July 28), In tñe- dídCUSSiob between Hr. Haw1:inD and I-!:'-. HolD.3el~, neither party had exch.:tn[;ed appraisal reportS yet because of the problem of contactinG lawyers, etc, I~, IIolaseJ< felt a t this point his legal council should be doin(j the negotiatinG; however, because more people are involved, it also beco~es more costly and going to court is noro costly yet, HI', IHolasek's attorney will try to get somethin¡; tanGible to !,~, Hawl~ns 1 by !!onday or ~ednesday of next weel:, !~, Hawkins explained that July 28 is a Hearing on the Petition for I the Taking in front of a District Court Judge. At that time, the Court will also a~'point the three Co~~issioners. This entails only a minimal cost. The situation can be Inegotiated at any time up until the day of the Hearing by the Court- a"nointed Commis9ioners, !~, Hawldns also stated the City is liable for the landowners appraisal~costs I" to ~300, 1{otion carried unani~ously. Ten-minute reces, at 9:20, Fed Oaks4 !Torthwoods Street/Storm Sewers - Discussion 1 !~. StockITell st tad he has received verbal approval from the PCA for the pond in Red Oaks located ne>et to the landfill, The letter should be forthcominG, Attorney !Iawkins eX)Jlained he had "nvestigated the leGality of the Coon Creek ~atershed Board aS3eGsing the City ~300 to 1101'1 the Horth1'100ds area to drain into the creek because they had never been assessed for the creek's ori~inal construction. In researchinG the Statutes and in tall~ng with the oon Creek 1'latershed Attorney, IIr, ITawJdns' opinion ITas they do have the power to impose a connection charge for draining into the creek if they never paid for the original cons ruction, This noney rdll go into the Watershed Funds to be used for ditch construction, repair, etc. After Andover petitions for the ri(jht to drain into the creek, a Public Hearing t'l'1st be held before they can assess that charße. Since we have to accept bids by August 10 for the entire project, this could create a time problem, Rer;ular City Council lieetin~ July 19, 1977 - IlinuteG I'age 7 - (Ped Oaks, Northwoods Street/Stor~ Sewers - Discussion, Continued) SOmeone should'appear àt'tlieir r!onday meeting to see if they could hold that Hearing before August 2, nur next relš111arly scheduled Council meeting, Hayor Windschitl said the residents in Northwoods have been taxed in this Watershed District for years and have paid for their portion of the cleaning of the ditch a couple years af','O_ J.~, Ha,j<ins explained that the Watershed tax is for administrative purposes and that this type of connection charge has never been done before; however, according to Statute, it is within their power to impose it and they should have always been doing it_ Discussion was then on whether bids should be awarded tonight and the ramifications if the Northwoods project would not be allowed by the Coon Creek Watershed Boàrd, !.~, Stoc1<well recommended approval be given in anticipation that the Watershed Board will approve the Horth',"loods project_ TIe e:x:plained the Watershed Board, rea.lizinG the time problem involved, had expressed a willingness to hold an additional meeting when Andover petitions, and that Forest Lake Contracting verbally stated there would be no change in unit 1Jrices should the Horthwoods project have to be dropped, To be completely safef however, !~, Havj,ins advised that nothing be done until approval is given from the Coon Creek Watershed Board as we have until August 10 to award bids, IIOTIm¡ by Lachinsy..i, Seconded by l!cClure, enterin6 a Resolution to petition the Coon Creek Watershed Board to include the JTorthwoodG Addition in the assessment for original ditch construction (See Pesolution R85-7) Discussion: The first time "assessment" is used is correct, after that it should be changed to "connection charge," The $300 is based uþon the ori6inal construction costs_ l!otion carried unanimously, I Councilperson VanderLaan questioned how this works out for assessment purposes in allowing individualG that period of ti~e to payoff their aGGess~ents, The Clerk explained the Assessment Hearing has to be held in order to get it certified by the County by October 10, meaning it could, be held around the first week in October regardless of when the project is started. That means the ~ajority of the assessment is going to be on esti~ates, If we dontt estinate it and collect it next yearf we are ~oing to have to capitalize interest , because three interest payments are due before we receive money back on the assessments_ The people then þave 30 days in which to prepay the assessment, Councilperson Vanderlaan stated there is ro way we can avoid estimating the project because of the previous delay, Final Acce1Jtance - Sanitary Sewers, northern Contractinp; 1 I~, Stockwell reyiewed his letter of July 12, 1977, to the Council reco~mending final acceptance and Pfyment to !Iorthern Contracting Company for work accomplished in the 1976-1 Sanitary Sewer and Storm Sewer Construction, The project has been completed, and a one- , year guarantee e~ists for work"anship and ~aterials fro~ the time the project iG accepted by the City counìil, ,Tohn 'Ioard, 11<21.. Heather Street, Green Acres - infor~ed the Council that he has been in touch with !~t Stockwell and J~, Hawkins with regard to the da~age done on his property during the conGtIuction of the sanitary sewer project, He was lead to believe by the enp;inee~ing fir~ that damages would be taken care of before this final payment was ~ade, He has filed sui against northern Construction CornpanYf which comes up in Court next ITednesday. He f It it was bad for the engineering fir~ to mislead hi~ about damages bein" taken care I of, There has been no attempt by northern Construction to redo anything about the damage they had done on three different occasions, He felt he was cheated and the City did not nrotect hi~ as a ho~eovmer, On one occasion they crossed the ease~ent line by 20 feet and "owed under all the trees he hád planted; on another occasion they s~ashed some naturally seeded trees as they were putting in another T on his lot; and on the third occasion they mowed over basic wild bushes as they were passing an obstruction Re.~iar City Council Meeting July 19, 1977 - Hinutes Pae;e iJ (Final Accentance - Sanitary Sewers. Northern ContractinR. Continued ) in the road, At one time lœ, Hoard G~ve them a dollar value, they said it was too high; and nothing has been done about it. !œ, Hoard prefers a dollar settlement as he has replaced ~any of the trees, and Northern Contracting only offered to replace the trees with others from within the project that were going to be destroyed an~vay, Hr. Stockwell commented that at one time he had told !~, Hoard that all dam~ges would be taken care of petore final payment. The Contractor is willing to issue the City a certified check for 5850, based on the most current estimat~ before he is given the check for the final paynent, ~~on the actual amount of da~age is detercined by court, then the City is in a position to make payment if the contractor defaults, !~, Stockwell felt he is not in a position to determine the amount of damages, He felt the proper p~ocedure is to have an outside party determine value, Attorney Hawkins explained that the dispute is between an independent contractor and an individual property ovmer; and if he's fulfilled the conditions of our contract, we have no right to withhold monies. The City has no responsibility for his negligent acts because he is an independent contractor. By awarding the contract to him, the City's liability is completely eliminated, Our contract provides for restoring the easements back to their original condition, !·!OTION by Orttel, Seconded by Lachinski, that the City of Andover, County of Anoka, State of J!innesota, (See Resolution R86-7) accepting worl: performed by !1orthern Contractinp: for I!!rorovement Project ¡¡umber 1976-lA, 1976-lB, VOTE OJI mTIOIJ: YPS-Lachinski, Orttel, VanderLaan, Windschitl; NO-!·!cClure Hotion carried. I Sealcoatin!; Hr, Stockwell stated it will take about 4 hours to prepare plans and specifications for the project, which would cost about ~100 to ~200, HOTIOJI by ortte~, Seconded by HcClure, that the City Council, City of Andover, direct the City Engineer to prepare Plans and Specifications for the sealcoating of those streets , in the Headowoo~-Addition, Kiowa Terrace, and Jay Street in Section 34, (See Resolution R87-1) A!1E'TDJ·w'>TT TO W)TIOJT by VanderLaan, Second<id by 1'Iindschitl, at a cost not to exceed $12,000, Discussion: The Clerk stated there should not be a dollar amount because we are working Wit~ bids, You have the right to refuse any bid that comes in later rather than setting an~mount at this time, Councilperson VanderLaan withdrew the amendment, Hayor 1.'Iindschit withdrew the second, Councilperson Lachinski questioned if the monies were pre-allocated by the developer in those additions, I!ayor Windschitl said the City can't reouire se~lcoating in a development contract, Councilperson Lachinski stated this is a substahtial amount of maintenance being made out of the General Fund, lfotion carried u~anirnOUSIY. . I Bnildability Ordinance 1 Don Jacobson, Chaircan of the PlanninG and Zoning Concission, reviewed the Commission's action on the pr~posed Buildability Ordinance, an Ordinance relative to notification of buildability of ots of record in any subdivision and buildability of parcels of unplatted land used as a site for construction of a dwelling unit, Correspondence from the City Building Official and Building Inspector said they feel it should come under the jurisdiction of a professional engineer, and they don't feel they have enough time to do it, Correspon- dence from the City Attorney states he feels the City would have some difficulty enforcing the Ordinance, The Planning and Zoning Commission has taken all these comments into consideràtion and still feels that, while there may be some difficulty in the enforcement Regular City Còuncil Heetins July 19, 1977 - 1!inutes Page 9 (Buildability Ordinance, Continued) of this proposed Ordinance, it is better than what we have right now, which is nothing, The City has some obligation to an individual coming into the community and in good faith purchasing land only to find later that he cannot build a house on it, !~, Jacobson continued, this affords some sort of protection to the potential buyer, At least we have somethinG to fall back on, Other cities around, notably Ham Lake, has such an Ordinance; and it does seem to be workinr; there, Ilayor ITindschitl questioned the legal liability the City is incurring when signing this document; for example, to sign a statement of buildability under present Ordinance and some future Council changes the requirements making that lot unbuildable, The City is on both sides of the issue, I,~, Jacobson explained the Ordinance- pertains to determining the buildability of a lot according to existing rules at the time the lot is purchased, Nayor 1'lindsohitl also commented on Hr.. Thurston and Hr.. ClouGh's letter on Items A and B.. Isn't soil bo~ings required in a plat? Professionally, they don't have the expertise to dete~mine water table and soil suitability, Væ, Jacobson explained they are required on a -"lat; but on just parcels of land, the Inspector has to look at it and make a determination as to its buildability under the present Ordinance, which requires judgement on his part at the present time, ITe have provided that if he's unsure whether the soil can sustain a septic system, there is a provision in here for him to go out and get ex~ert heln to Bake that deter~ination and charge it to the landovmer, It's a tool to do that work, He's not asked to do any more than he does right now, And he can vœite right on the permit whether the land would be suitable for a 2" 3-, or 4-bedroo~ home, !1ayor 11indschitl; questioned that if buildability is predetermined, and if when actual construction is ~tarted, there is peat on it, where does the City stand? The buyer is investing a lot of money on the City's ~ord.. I~, Jacobson said we're jut inspecting the lot and determininl'; its buildability at that time using the same criteria that is used today, I~, Hawkins felt that there would be no question under these circumstances that if somebody does I rely on this statement, we're going to be made liable until it is determined that under this type of Ordinance there would be no liability, Attorney Hawkins also stated that the City of Ham Lake has not been enforcing their I3uildability Ordinance, At the present time, if a seller indicates the lot as buildable when it is not, the buye!' can take civil action for misrenresentation.. I~, Jacobson felt that by , . requiring the seller to give this Certificate of I3uildability it would make the~ more cautious and thelcity could prosecute the seller if he did not co~ply with the Ordinance by not issuing the Certificate.. 0'00"""'" "j"'"'' "".""", ,,",' ""... "., " ", 0"'" ""'0'" ò""", ", buyer and seller ~e can prosecute the seller, but the Ordinance does not provide that all monies have 0 be refunded to the person, The buyer does not benefit yet, He still would have to p~ ceed against the original seller, so the City isn't changing anything with respect to ~he consumer, Attorney Hawkins stated the only thing this Ordinance is designed for is or failing to issue a Certificate of Buildability, Also, on_unþlatted land, it would b the burden of the City to show that he intended to use it for building purposes, and itjS r;oing to be difficult to show that the transfer was ~ade with the intent to build on it, l!r, Hawkins also stated if this is recorded with the Register of Deeds, an attorney dOin1 a title opinion would be aware of this restriction, Councilnerson Lachinsl,i questioned how long the Certificate of Buildability is for, How long do we Gliarantee that this lot is buildable? I·~, Jacobson replied at the time of the transfer ~f the land, In general, that land would still remain buildable for several years.. Councilperson Lachinski stated then there really isn't any liability, and it does protect the potential buyer from abuse from not ~~owing our Ordinances, and also not 1~~o~in~ if Gomethin~ is being pulled over on him.. --- Regular City Council Heeting July 19, 1977 - !!inutes Pa~e 10 ,.'!i. I;' (Buildabil1ty Or-dinance, Continued) " ,r Councilperson VanderLaan stated this is an obvious atteMpt to beca consumer protection a~ency. She f~~~~bo problem with the intent but sees some very serious problems with the enforceMent,~¡pne noted that errors have been made by the staff and cOMplete accuracy cannot be expected from them, and this may happen again in that Certificate, I~, Jacobson felt that imperfect as it is, the mer-e fact that it is on the booY~ may be a deterrent to a large number- of people to try to get a~ay with something, And this ~ould be a. tool we could use against the seller. Ri[;ht now there is no recourse. 11ayor ITindschitl felt SOMe mechanism is needed in the Ordinance that at the time a plat is filed a procedure ~ou1d be set up so that all of these Certificates are issued for however many lots the Planning Commission deter~ines buildable at that time, A plat that has been filed merely states that it has complied ~ith certain things in· our Ordinances, and ther-e's nothing in our Ordinances no~ that would prevent someone from platting a slew. The reason he might not be able to build on it is not because of our Ordinance, but because of State requirements, !w, Jacobson said this could be done by adding the sentence that this ~ill be done upon final approval of the plat by the City Council, ITalter Bruns, 1782 Orchid Street, Commission HeMber - stated ~e are going to be revising Ordinance 10 and that clause could be incorporated in it, The reason ~e need this is because we've got plats on recor-d now that we don't ~hether the lots are buildable or not. An exa~þle is in Barnes Rolling GaIro ~here there is a sign advertiaing lots, two of ~hich the COMMission told them ITere unbuildable unless fill was brought in there, This Ordinance ITould be filed with the Recorders Office and every piece of land bought in Andover would be checked, the abstract company will pick it up; and prior to final closing, the attorney ~ill pick it up and notify the prospective buyer, This is a start, !~, Br-uns has talked 17ith the Inspector frOM !Iam Lake ~ho has had people calling him to than!, hiM for having the Buildability Ordinance to protect them, Unfortunately, this Ordinance does not protect those people not getting an attorney to do a title opinion, !1ayor ITindschitllreferred to Section II, D, and explained that the problem is none of the staff are registêred soils engineers f so they can't make these decisions. !-!r. Bruns felt they are given the tools by which they can make these decisions, There is latitude built in there f?r hiM to use his judgement to get the expertise to find out what has to be done, gay?r- \'Iindschi tl felt it would be sufficient just to have the Building I~spector state whether- the lot was buildable or unbuildable, He felt it would be the seller's ObligatIon to determine what it would take to Mal,e a lot buildable, The Clerk stated that ver-y very few lots are ever deter-mined completely unbuildable because of soil conditions. Councilperson Or tel stated that the t~o biggest problems, the administration feeling they can't handl~ it and the attorney saying we can't enforce it, all seems to hinge on the soils provision, ~~ereas the biggest problem by far is not corning from the soils condition but frqm other physical conditions, Councilperson Orttel felt that before the Inspector ~ould ~arantee a buildable lot according to this Ordinance, he would require soil bor1ngs on all lots and the engineer's report, That would bring up a lot of expense that rni~ht not be necessary. !!r, Bruns felt t~iS Ordinance would put a stop to buildinG on unbuildable lots as has been done on man~ lots in the northern area wì:1ch havè' septic problems at this tiMe, Councilperson La9hi~Gki added it suppor-ts us in some of the things we want to do as far as the Hetro"Oolitan Council is concerned. !!ayor ~indschitl Isuggested that this be carried over until the next Council meeting when I~, Thurston will be in attendance to get more input from hiM, Also, the engineer could look at this and cornnent on it. ---. Re~ular City Council Heating July 19, 1977 - Hinutes Par,e 11 HOTIOII by VanderLaan, Seconded by !IcClure, that the City Council extend the meeting to 11:lf5 ,71th an allowance of 15 minutes for Claims, Hotion carried unanirnou.Gly. Resolution/Sewer Service Cha.r-Gos HðTIo)f by VanderLaan, Seconded by !·!cClure, to introduce a Resolution amending the nesolution Humber 14-6, a nesolution setting forth Sanitary Sewer Billing and Collection procedure. (See nesolution 1'88-7) !10tion carried unanimously, Drive_in Theater - !U.p:hway #65 (Discussion) It was determined that the Council did not have sufficient information on the Drive- In Theater to comment on it at this time as asked for by the City of Ham Lake, HOTIOH b~~ Lachinski, Seconded by Orttel, to direct the City Clerk to obtain the supportive inforroation for the Drive-In àpplication for the City of Ham Lake and refer to the Plannin~ and Zonin~ Co~~ission for their recorn~endation. l1otion carried unaninously. Constance Free Church - Variance 11r. Jacobson ex~lained that this item has been on their agenda for three or four rneetinf,s, and they have dronped for lack of interest, The variance request was for one lot which did not have 300 feet of frontage on a public road, The Clerk stated in the past the 300-foot width reouir"d was as defined in the first 30 feet of the lot depth, Councilper<ron VanderLaan questioned the procedure in that on what basis are we denying the variance, Posstbly it would best be disposed of by si!'.1~ly terninating the processincr of it. d'A~cy Rosell explained when they orir,inally appeared before the P ~ Z they wanted a variance for lot C; however, there was no legal description of the lots, All they had was this large map, and the p ~ Z told them they couldn't do anything until there was a legal description, They never gave the Commission that information, I HOTIO!) by Vande,\Laan, Seconded by Lachinski, that the City Council deny the Constance Free Church Variance Request inasmuch as the petition has not met the requirements of Ordinance 8, and that it is not possible for the Planning and Zoning Commission or the City Council to ¡determine the propriety of the Variance, !lotion carried unanimously, Planninp: Consultant Council~erson o~ttel stated we've only got about 19 days left before our reply to the !1etro Council has to be in, so something has to be done either with or without a Consultant, The Council has Ito meet with the Planning and ZoninG COmJ:Jission to dis"ss the Final Systems Stateme~t, Councilperson Orttel cuggested we meet with the P ~ Z on a night when !!r, Steffans CO~ld be there for an interview, Hr, Jacobson explained the P ~ Z is only recommending yo hire a consultant if you agree that you don't agree with the Final Systems Stateme~t, and you want someone to help reconcile it, The decision has to be made ",'lethe!' or not you want to go to the !·!etro Council and appeal first before deciding whethe!' or not ~o hire a consultant, Councilperson VanderLaan stated by having the ~erson at the meeting with the P ~ Z, you are predetermining that you need that person, The first step ~s to say is this in com~liance with the philosophy of the Comprehensive Plan, is the Sy~te~s StateMent acce~table to the City of Andover? There is no record of an official ~osìtion on the S¥stems Statement, and this must be determined first, !!()TI~H by Lachinski, Seconded by Orttel, that the City Council hold a special meeting on July 25 at 7:30 p,m, to be a joint meeting with the Planning and Zoning Commission and that we invite Bernard Steffans from Steffan, !mnstenteiger, Bearse and Parta at the Andover City :!a11, Discussion: If we invite him, does it obligate the City to any fees? Re¡;ular City Council Heeting July 10, 1977 - !!inutes Page 12 (Planning Consultant - Hotion, Continued) It was assumed not by Councilperson Orttel since this is jl~t an interview, VOTE aIr HOTION: YES-Lachins!<-..i, !!cClure, Orttel, IIO-VanderLaan, Windschitl Hotio n carried, Councilpersorr VanderLaan co~ented it iD hicrh1y irregular to QS!~ someone to be inter- viewed fo~ a position which has not yet been determined, Park/Recreation Commission - Tractor J'T. Glen Ro~ers, rep~esenting the ParY~r.ecreation Co~mission, presented figures for new and used tractors which would ha~e a front-end loader, a side-mounted sicY~e bar, and a rear-mounted flail mower, Used tractors ranged from ~9,250 to ~12,250 and new tractors ranged frOM ~13,460 to ~14,408; however, the figures for the new equipment would be reduced by a 10- to 20-TJercent factory discount, !!r, Tio¡;ers recommended purchasin¡; a new tractor because 1) with the factory discount, prices of used versus new tractors would be similiar; 2) a one-year warranty would need to be purchased on used equipment, which would cost between ~1800 to ~2000, and all new equipment would corne with a I-year warranty. !~intenance on used equipment would also be more costly, and 3) the use of the equipment would be between the Park/P.ecreation Commicsion and the TIoad Improvcr.1ent COr.J.rn.ittee; the~ef~~e, the þrice could be split on a 50-50 basis. ~ith the new equipnent, addition~l attach ments· could be pu!'chased as needed in the years ahead. Hr. TIogers also stated there are many alternative ways for financing the equipment, and the tractor could be stored inside the garage at the City Hall, !!OTI01f by VanderLaan, Seconded by IrcClure, that the City Council request Jim Thurston in con3ul tation with the Parka r·!aintenance Person, Bob Huscovi tz, discuss with lIT. Rogers the compiled information and that the City Clerk comment on the financial feasibility of the purchase of the proposed tractor, J.Tr, Thurston should be referring his recorn~endation back to the City Council on the unit. fiiscussion: }~. Rogers stated that there is a tiMe factor involved and he would like to be ready for bids as soon as possible to be able to use this equipment, By time I~, Thurston reports to the Council, bids are advertiGed for, etc" it will be the end of September before we could have the ecuipment, ~rther discussion was the motion could include to prepare specifications and taking out f~r bids. Councilnerson Lachinsld stated the Road Improvements Cornrli ttee has aG!<ed Hr, Thlrston to comment and that can be forwarded to the Council meeting on AU,~st 19. " A [;;;¡fTJ ~TT TO ![OTI"'! by !'Iindsch1tl, Seconded by Orttel, to include that after the consulta.tion bet\"reen Hr. HUGc')vitz, I·:!-. Thurston, and Hr. Rocrers, that the Gþecifications be n"t out for bikrs nnde,,- the biddin" TJrocess, I . U - VOTE CrT AJ·!mrDI~TT: Carrted unanimously. VOTE mr ![OTIœr: farried unanimously, Discnssion rlas on how lonr, it ta!<es for- bids and whether it would be possible to be on the next Council eetin,~ a,~enda. ¡·rr. Hawkins statEid it takes 10 days for bids. Pa!'k/T?ec~eat1.on CO!rl.r.1isston - Te!lnia Court HOTT()!T by Lachinsj:j_, Seconded by Ortte1, that the :rarl:/TIecreation COrI!1ission be al1ol:l8d to a-"ply for a gr~nt to subsidize half a double tennis court fo,,- the Gi ty Hall Par!, area which the-totaLcost would be appro::imately ~23,OOO, Hotion carried unanimously, Re'iUlar City Council !lee tin:; July 19, 1977 - !linutes Pa~e 13 Annrova1 of ClaiMG J!OTH11T by ncClure, Seconded by Orttel, to approve ClaiMs ¡¡umber 1339 through 1364 for a total aMount of $35,377,65, and ClaiMG ¡lumber 150 and 151 for the 1976-lA and 1976-lB Project for a total of ~76,623,78, r-:òtion carried unaniMously. T:vneiíTtter 1?urchase nOTIO!I by Lachins!:i, Seconded by 1'findschitl, to approve the purchase of an ruB Electric ty~ewriter in the anount of ~594f Hotion carried unanimoualy. W1TInrl by Lach<.nski, Seconded by 1'Tindschitl, to adjourn, notion carried unani!:1ously, HceUn¡; adjourned at 12:08 a.M. TIesnectfully subMitted, '~~~~~~L !!arcella A. Peach ~eco~din~ Secretary -.