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HomeMy WebLinkAboutCC July 5, 1977 CITY of ANDOVER REGULAR CITY COUNCIL HEETnrG - JULY 5, 1977 !HHUTES The Regula~ Bi-!10nthly Meeting of the Andover City Council was called to order by Hayor ,Jerry 1'Iindschitl on July 5, 1977, 7:35 p,m" at the Andover City Hall, 1685 Crosstown Boulevard m1, Anoka, Hinnesota, Counciluersons Dresent: Lachinski, }TcClure, Orttel, VanderLaan CouncilTIersons absent: None Also present: City Attorney, 1'Iilliam G, Hawkins; City Engineer, Rex Stockwell, Planning and Zoning Chairman, Don Jacobson; City Clerk, p. K. Lindquist; and interested residents. Resident Forum Gene Boos , 2660 133rd Lane - asked if the rumors "¡ere founded about the shade tree O~dinance and that the Andover Landfill is to be closed to the dumping of diseased wood. Mayor 1'Iindschitl explained that there is no agreement with the landfill with regard to the disposing of diseased trees, and they should continue to accept wood from Andover residents, These trees ~~ould be hauled to one of the sites established by the County for disposal, one being Bunker Prairie Park. Two choppers are to be purchased, one to be stationary ",t Bunker Prairie and the other on loan to the County to be Moved from area to area. Mr, Boos felt that the disposal site at Bunker Prairie was a totally unacceptable Method of disposing of this material because of the cost involved, A large tree would cost over ~100 to dispose at Bunker Prairie Park because of the number of trips involved with a pickup and the cost per trip. For a half-ton pickup, they want $5,70, 3/4 -ton, over ~7. If this is continued over an extended period of time, ~~. Boos stated, it is ßoing to cost the cOMMunity hundreds of thousands of dollars considering the number of trees that we have, !1r, Boos suggested if the problem arises in the future where an effort is made to have us discontinue disposing of this material at the landfill, that the City of Andover set up its o~~ disposal site where a permit could be acquired from City Hall to burn this material. This would be a cheaper alternative to the citizens of Andover. He continued, the City could also consider abandoning the Shade Tree Control and closing the streets of Andover to the transportation through Andover of this material from other communities as, in his case, debris fro~ diseased trees contaminated his trees very ouickly, j Ms, Lindquist sa~d we have received Many cOMplaints from residents on the cost of this as most resident thought the Bunker Prairie disposal site would be free and suggested the Council coul consider authorizing a letter to the County expressing our dissatisfaction with this method This matter could be added to tonight's agenda for further discussion, ~'Iinslow J!olasek, 11159 Andover Boulevard 1r.'1 - asked what action has been taken about the debris dUMped on Prairie Poad about a nonth ago, It is still there, !ill, Lindquist said it was mentioned Ito !œ, Thurston but didn't know what was done on that, She will check into it to get the problem resolved, A!';enda Annroval HOTIm¡ by Orttel, Seconded by HcClure, to approve the agenda as written with the addition of Item 5e, Prair~e Road Discussion; the deletion of Item 7g, Kennel License - Prior; the addition of Iten 9c, Zoning Discussion; Items lOa, Committees; lOb, Levy Limit; and Item 10c, Shade Tree Disposal Discussion, Motion carried un",nimously, -- -- Per;ula:!:' City Council Heetinp; July 5, 1977 - J!inu tes 1Jap,e 2 Award Bids - Country F,states Pn~ineer Stockwell reviewed his letter of June 22 to the Council on the Country Estates ~roject extendinr, sanitary sewer service between Crooked Lake Boulevard and Crooked Lake, Fou~ bids were received; and based on the lowest bids and esti~atin~ all costs, the total estinated project cost for the sewer extcnsions would be approxinately $6,300, Anticipated co~nletion of the project is July 30, J!OTIO'J by VanderLaan, Seconded by Orttel, that the City Council, City of Andover, award the bid for sanitary sewer extensions for Country Estates Addition to American Trenchinr, and Excavatinr, Company in the a~ount of ~4,915, Note: Additional bids rcceived fron Gerald Stepania.k, Inc., '\5,471. 50; Dawson Construction, Inc. , $6357; and Austin p, Kellcr Construction Company, Inc., '\12,450, (See Resolution R73-7) Hotion carried unanimously. Ped Oaks/JJo"'thrlOods Street Projects !!"', Stockwell explained that in meetinG '.'lith the Coon Creek \1atershed Board, approval has been r,iven for the Red Oaks Project; but they r¡ere concerned about the Northwoods Project, They TIere concerned about receiving approval froM Ken Slyzuk to use his private ditch, J1r, Slyzuk r,ave his verbal approval at that meeting, and we are still in the nrocess of drawing up an agreement and ßetting it Digned by him. !æ, Stockwell continued, the discussion of a.ssessments on Northwood3 Addition due to the original construction of Coon Creek was discussed at some length at that meeting, The attorney for the ITatershed Board found that the Horthwoods Addition had never been assessed for the construction of Coon Creek back in the 1920s, They "!ere concerned about giving lJorthwoods the right to dumn '.'later into the creek if they have never bouGht that right, FolloTIing some discussio~ the Coon Creek ~atershed Board deternined that the assessnent against Northwoods would be the duplication of the assessnent in the 192Os, amounting to a total charße of $300. The ~7atershed Bo~rd felt the best way to collect that money would be to have the~ receive a netition fron ~he City of Andover to be allowed to dunp the storm drainage into Coon Creek. Then they could assess the City of Andover for that money, and the City could snread that cost love!' the entire Northwoods project. Any future maintenance on the project could then be asqessed to the City of Andover rather than working individually with the residents in IJorthwoods, HI', Stoclmell further explained that the \"!atershed Board is not disturbed at alllabout the amount of water going into the creek, it's just the matter of that ~300, S~veral of the Board nenbers felt the issue was important enough to delay the project until it is resolved, ]~yor ~indschitl explained that the Horthwoods area has been draining into the Creek since about 1960 ':.ri th the one outlet f,'oing in there. Also, everyone in the natershed Area is I assessed each ye1r for it, He wanted to ¡",ow what basis they justify this proposal, Hr. Stockwell st1ted the Coon Creek ~atershed Board said the assessments go for admin- istrative ~orl~ a9d fo~ cleaning the ditches. And, as far as they were concerned, the outlet nut in there was put in illecally, They were willing to hold another sr>ecial meeting as soon ìS Andover petitioned them, This project was the first time they ever decided to check into whether the people originally paid for the construction of Coon Creek. From now ~n, it was Hr, Stockwell's understanding, they are going to check into every n~oj9ct to .ake sure the peonle have ~aid; and if not, they are goin~ to make the~ nay. The ~atershed Board felt it was unfair to the people who did pay for the oriGinal congtruction that other people should be allowed to dump ~ater into the creek causing a lar~e:r "problem. ~e~ular City Council Meetinß July '5, 1977 - Hinutes Page 3 (Ped Oaks/ITorthwoods Street Projects, Continued) l~ayor TIindschitl questioned that assuming the project was paid for 57 years ago, now they are collecting Dore noney than what it took to do the project, what are they going to do with the Doney? Attorney IIa\'.rkins said they do have the porler to opecial assess, but '.'Ias at a loss as to where they could come bacl, and collect the costs that "¡ere incurred 57 years ar,o. They do not operate under the sane statutes as the City for special asseslJT:'I.ents. It io a rather extenGive Statute, and l~. Hawkins had not done a thorough investigation on this, He could contact the Coon Creel, 1,'!atershed attorney to find out vhere he's drawing his authority. The question is is 57 years a reasonable length of tine. Also, whether or not they can assess the ~300 and whether or not they have the authority to assess the City on a petition and the City go back to the project to collect it. Ifuyor rindschitl commented that if ITe did this nOIT, it would happen to the entire Water- shed District and felt we should find out if they are operating fron sone basis in the law. If not, tell then they don't have any Statute power to do that, There are going to be so~e attorney costs on this, but !~yor ITindschitl felt we couldn't nake the ex- uenditure not even knowing if it is legal or not or not Y~owing if their procedure of assessinr, the City and the City then assessing it as part of the pro3ect costs is legal. r-!r. Stockwell stated r¡elre runninr, into a serious tir.1e probler.1 as far as the project is concerned. If construction could begin shortly, ve could get far enough alonr, to carry over only a very ninor amount of construction to next year, Once we delay it beyond a certain point, the problen will be particularly in Red Oal,s Addition as we know "Ie must ~et excavation, stor:r.1 sewer, curb and gutter and gravel put in this year or not begin the project at all, The exact tine this needs to be begun cannot be pinpointed, I~, Stockwell also stated that he has not met with anyone from PCA since the last Council meeting regarding their approval on the drainage pond near the landfill in Red Oaks, The contract must be awarded by August 10, so a delay can still be Dade in awarding the bid; hopefully, by the July 19 meeting, we will have more answers on the problems on , Coon Creek 11atershed Board approval for the Northwoods Project and PCA approval for the drainage pond in Red Oaks, Attorney Hawkins added if the decision of the Coon Creek Watershed Board to assess or not to assess is a P?licy decision, it might be advantageous for us to approach them on a Board of SuperviSors on a representative level for each body and find out what their thoughts are, IrhY after 57 years are they going to assess us? Maybe an agreement can be reached that ¡heir action at this point was unreasonable and they'd recind it; then the whole issue of Ilgality would be removed, MOTION by McCluré, Seconded by VanderLaan, that the Council instruct the Legal Council to discuss with Legal Council of the Coon Creek Watershed concerning the $300 assessment charge to the City of Andover and to report back to the Council at the next meeting in , . tvlO weeks. 110tion carried unaninously, Attorney Hawkinsjpresented a Resolution on the 77-1 Project, He explained we have been continuing negot~ations vdth property owners in the ponding site areas of Red Oaks, An agreement has~been reached with two property owners and we are close to reaching an agreement wit all of the other property owners with the exception of two, Because of the time restric~ions involved with the project, he prepared a proposed Resolution directing the commencement of eminent dornain proceedings in regard to this project , against all property ovmers in the project, Negotiations will continue with all property o\vners, and it was Mr. Hawkins opinion that even though proceedings include all owners since there has only been verbal agreernent, that only one or two of then would be included Re~11ar City Council Meeting July 5, 1977 - Hinutes par;e 4 (Red Oaks/North~oods Street Projects, Continued) in the final petition, He has been operating under the assumption that at this point we ~ould not escro~ the money, since the ponding areas won't be needed until sometime,late this fall and the Co~missioner's Report vdll be back inside of four months, Vie will be able to take possession at that time, If we don't need the ponding area within four months, there is no need to deposit an escro~ account, The only time you have to escrow an account is if you want to provide in your petition a quick-taking provision entitling you to r;et in ~ithin 90 days, !Jr, Hawkins also said the design of the ponds has been made after consultation with the property owners, who are in ar;reement with it, Councilperson Orttel questioned whether or not proceedings could be brought on Pond 002 when the PCA has not given their approval, !~, Hawkins said proceedings will be held off as lonr; as possible; and if PCA approval has not been given, they will not be included, This Resolution gives Hr, Hawkins the authorization within the next two weeks to draft the þetition and order the necessary abstracts to begin acquisition of the property. In essencef it is gaining a two-week jump on the proceedings, Councilperson McClure ¡.as concerned as to what would happen if PCA did not give approval to Pond 002, !~, Stockwell explained the only alternative to not using Pond 002 would be some type of pumping situation, which would be much much more expensive, The ~ay the terrain is in Red Oaks, the water has to go to that holding pond, Councilperson McClure felt all this was premature as we don't have one ponding site resolved; and if it isn't approved, it could conceivably radically change the costs on this project, Mr, Stockwell also said Alternative 4 is still a possibility; the problem is we don't know what the cost of the pond acquisition ¡rill be at this point, We are going under the assumption that we will r;et it at a reasonable cost, Councilperson Lachinski stated that in talking to the residents in Red Oaks, the people want the streets in this fall, MOTION by Lachinski, Seconded by Orttel, entering a Resolution directing condemnation for storm sewer drainage ponds in the Red Oaks area (See Resolution R74-7) Discussion: Councilperson !!cClure questioned how much of the project could actually be completed this year, !1r, Stockwell explained that the least we could do, weather permitting, would , be everything except the bituminous and restoration work, Without further delay and , weather permitting, it could conceivably be completed this year, VOTE ON MOTION: ~ES-Lachinski, Orttel, VanderLaan: NO-HcClure, Vlindschitl Hotion carried, I Hayor Vlindschitl ftated we entered condemnation proceedings for a pond that we don't know if we have approval from PCA to use, I Bids - 134th & Eidelweiss Streets ¥~, Stockwell reviewed his letter of June 22 to the Council concerning the bids from the three contraclors on 134th and Eidel~eiss Streets, The construction costs and estimated leg~ a ministrative and contingency costs, the cost per front foot for bituminous streetlwould be $18,85 (an increase of $2,55 per front foot stated at the Public Hearing) and 11,4 cents per square foot for storm sewerS (an increase of almost two cents per squJre foot stated at the Public Hearing), Based on the actual drainage area, the approxi9ate cost per lot would be $2,365, an increase of $335 per lot esti~ated at the Public Hea~ing, He recommended conducting an informational hearing to inform the residents of The cost increase and to see if they are still in favor of the project, In discussing the costs with the contractors, !Jr. Stockwell found the major reason for the relatively high unit costs on this project is for the shuffling of equipment, which would cost the same even if it were included with the larger project, - - Regular City Council Heeting July 5, 1977 - !1inutes Page 5 (Bids - 134th & Eidelweiss Streets, Continued) The Coon Creek ITatershed Board has unanimously approved the storm drainage system, I-~, Stockwell also stated we will have to receive an easement from Mr. Ron&iliara, who has built a nature farm there ând is concerned about the storm drainage across his open area in which he is trying to establish a very natural enviornment. !~, Stockwell has three alternatives for draining the water across }IT..S~hara's land; however, he still must meet wi th !-Ir._Jkhara. The drainage from the ditch does go toward Crooked Lake. "Je Vlould essentially be using µx..Schara's pond, which would give us that settling capability; and by running the water over land through the weeds, we are biologically settling out the __nutrients, solids, etc" No acquisition costs have been discussed; however, fIT. Hawkins explained he has made a proposal to Hr,_S~hara already but has had no response so far. I-Ir, Stoc~7ell felt he could have more information as to where the easement will be and its cost at the next Council meeting, Councilperson VanderLaan reviewed that the bids are higher resulting in the transportation of eouipment. In a January 18, 1977, memo from the engineering firm was a recommendation that the project include the entire area going north on Gladiola up to 135th Lane, includbg the reduced project of 134th and Eidelweiss, She questioned if it is feasible to reconsider in our Informational Hearing that that would be included to reduce the project costs for the smaller project and provide the services needed in the larger area, !~, Stockwell was confident that the project costs for this reduced project would then be cheaper because transportation of equipment to the site would be the same costs whether it is two blocks or 50 blocks, In a larger project, that cost is spread over the entire area; also there would be an increased drainage area, Street by street construction generally results in higher construction costs, µßyor ITindschitl felt that in this case that would not be correct as you would either do Coon Rauids' side of 133rd free creating a larger cost to Andover residents, or it would be broken into two projects so it wouldn't be continuous projects, !~, Stockwell acknowledged that there is a problem with 133rd Avenue and was speaking in general terms, If \7e did 133rd'l doing Coon Rapids' share, he felt it probably would not be cheaper, !10TION by VanderLaan, Seconded by Windschitl, that the City Council conduct a Public Informational Hearing for residents on 134th Avenue my and Eidelweiss Street mv encompassing a storm sewer and bituminous surface street project to inform them of the increased , costs due to unexpected high bids and that the meeting be held at the Regular City Council meeting, I July 19, 1977, Hotion carried unanimously, Ten-minute recess at 9 o'clock, University Extenbion Winslow HOlasek,1 Chairman of the Road Improvement Committee, gave the following detailed figures for the ~oint maintenance project with Ham Lake: 4,300 ton of Class 5 for 510,320; excavating and btading for 1¡4,500; brushing and tree removal, $1,500; laying of Class 5, 51,500; and engiteering costs to establish the center line since it is an adjoining road, $1,000; tO,aling $18,820 to be divided between the Cities of Andover and Ham Lake, It would cost Andover $400 more than was put in the Road Improvement Committee's , - recommendation, and Ham Lake is aware of this recommendation, !-Ir, Holasek stated that .. 1 Qne of the thingr the Committee will be doing is establishing a policy on the maintenance of roads in the fity; however, this will take a considerable amount of time, The reason' for join ng Ham Lake vdth the project at this time is there is an immediate need out there in that the road is in a trough-type condition making it difficult to maintain. Also, it's not a major rebuilding project but just a maintenance project, -- Re~ular City Council Heeting July 5, 1977 - !1inutes Pap;e 6 (University Extension, Continued) Mr. Holasek also stated if we wait until we ~et priorities done on other streets, you may have a problem r,ettin~ Ham Lake to join in, It's difficult to get adjoining municipalities together, as has been experienced with Coon Rapids recently, Mayor Windschitl explained that this would corne out of current-year operating funds. W1TH)N by Lachinski, Seconded by McClure, that the City of Andover cooperate with the City of Ham Lake to improve University Avenue Extension from Andover Boulevard to 157th Avenue Nl.'l. The proposed maintenance project would be 1 5/8 miles in length and no construction would occur outside of the existing right of way, It is the intent that the City of Ham Lake manage the maintenance project and bill the City of Andover on a time and material basis at a cost not to exceed $9,500 and that specific drainage problems indicated by the City of Andover be addressed, Upgrading is recommended for the following reasons: 1) The shoulders on University Avenue are higher than the center of the road and the road cannot be adequately maintained in current condition; 2) University Avenue Extension is a collector street and since only a maintenance project is being contemplated, no assessments would be required; 3) Ham Lake is requesting cooperation at this time and funding is available, VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan Motion carried, Councilperson VanderLaan commented that despite the fact that the statement is made that it is simply a maintenance project, the fact that materials are intended to be applied to the roadway brings it to a status of an improvement; therefore, it is unfair to all the residents who have been assessed for road improvement on an individual lot basis such as the southern subdivisions, Approximately one half of University Extension is abutted by the small lot, While the dollars are available, the City Council did not consider whether or not that shall be applied to road improvement despite the fact it is labeled as such in the budget or carried over for major capital improvements that may benefit the entire City. Furthermore, requests have been made by residents for upgrading our roadways that are in similiar or worse condition by their aEessment within the City, I Further discussion was that Ham Lake will manage the entire project, including the joint powers agreement~ anp problems that would arise with exceeding the $10,000 limit, It is a maintenance prfject, done with our own labor and just purchasing supplies, no one item v~uld exceed tha amount. Mayor 1'Iindschitl commented that in the past the City or the County in cooperation has put in thoroughfare toads without assessing; namely, Nightengale and there are no proposed assessments on prairie Road for road construction costs under the MSAH Program, Councilperson Va~derLaan stated he was talking about two different sources of funding with those roadways, Nightengale is a County designated State Aid Highway and Prairie Road also is funded by highway user taxes, It does not come from the General Tax Levy , of the City, Ma10r Windschitl said the City of Andover paid about $ll,OOOîr. Nightengale that was not assessed. . Pra1rie 'Road Discussion Attorney Hawkins linformed the Council that Mr, Holasek's appraiser indicated the value of the property 10 be $18,000, and Mr, Holasek would be willing to sell for $15,000, The City's offer had been approximately $7,000, Mr, Hawkins did not know what facts were used to reach that $lR,OOO figure as he didn't have a copy of that appraisal, ~e~11ar City Council Meetin~ JulY 5, 1977 - Hinutes Pa~e 7 (Prairie Road Discussion, Continued) 'Vinslow Holasek explained the appraiser told him the S18,000 included acquisition and damages to the surrounding area. His appraiser didn't wish to present his figures until the Hearing. At the last meeting it was mentioned that the easement was 6.4 acres; it is actually 6,9 acres, Hr, Holasek felt he didn't have much choice in the matter as the City is instigating the project, He is against the project because of the detrimental affect around it, He doesn't like the route of going to court on the matter, but felt that's the only avenue left open to him, In discussions between Mr, Hawkins and !~, HOlasek, Mr, Hawkins felt he had given Hr, Holasek all his figures and information, but he doesn't have all the figures and informa- tion from Mr, Holasek's appraiser; therefore, Mr, Hawkins didn't have any basis for further ne~otiation or to make a recommendation to the Council, Mr, Holasek felt he hadn't received all the documentation from the City'S appraiser, Discussion continued on exactly what information Mr. Holasek received. Hr, Holasek agreed to contact his appraiser to see if he could ~et all the documentation used to reach the $18,000 figure for Mr, Hawkin's use, and lIT, Hawkins will provide the same, In exchanging appraiser reports, negotiations can be continued, Mattson-DeGardner (Preliminary Plat) Don Jacobson, Chairman of the Planning and Zoning Commission, reviewed P & Z findings on the Preliminary Plat of the Mattson/DeGardner Plat located south of 134th and west of Crooked Lake Boulevard recommending approval as it is in conformance with existing ordinances and standards of the City, that the proposed addition is compatible with the area, and there ~as no opposition from anyone at the Public Hearing, Approval has been received from the Coon Creek Watershed engineer and the City engineer, It does not comply with Section 9,05a of the Ordinance in that one lot is more than twice the size of the other 10ts,Duttbecause of its location and the ditch running through the area that is part of the pond ng area for that plat, the exception should be granted, Bob DeGardner stated he did have the downstream approval of property owners along the ditch as recommerided by the Coon Creek Watershed Board, except one individual who said he did not want to get involved, The agreement is that lIT, DeGardner agrees to do any work within 5 years if there is any problem with the drainage, Gary Picotte was the , individual who would not sign because he didn't want to get involved; however, with his elevation, therelshould never be any problems there, There was some dscussion as to the park dedication and whether or not there was a reouirement to p t a pond in rather than having the ditch go into the lake, !~, Stockwell , explained that t1e only increase in runoff into the lake would be from individual roof- tops; therefore, he didn't think the City had a right to require them to build a pond in excess of that, ~fuat we are doing is reserving a larger area for our future purposes when we do const~uct streets and storm sewers in the area, Ms, Lindquest explained the Park and Recreation Commission at their May 5 meeting recommended money in lieu of land at ~100 per lot ~n the Mattson/DeGardner Plat (totaling Sl,lOO for park dedication), Mr. DeGardner explained he doesn't have to put a pond in because he's not changing elevation at all land the runoff is going to be the same, JIT. Stockwell also explained they are dedicat~ng that land for ponding purposes, approximately 1,02 acreS as part of this plat, and g~Ving money for parks, Discussion was 0 whether to accept money for parks or ask for more land to be dedicated so a park could ge made, Councilperson VanderLaan stated that since the area is approximately ? acres, 10 percent would be a very small amount for a park versus setting money aside into park funds for a larger park that would have a greater benefit for all residents, ~egu1ar City Council Heeting July 5, 1977 - Hinutes Page iJ (Mattson-De Gardner Preliminary Plat, Continued) Phil Rzeszutek, Park/Recreation Commission Chairman, said that due to maintenance problems with small portions of land, they would take money in lieu of land as all other communities are having problems maintaining small parcels, They did not look at it as a ponding area. Mayor Windschitl was concerned that this is the only place in the whole area to pond water and provisions should be made for this now so it doesn't have to be acquired at some time in the future, Hr, Stockwell explained you can either pond 100 percent of the water or you can use it as a settling basin. On this plat we're looking at the pond for a settlement area. With that one acre you will definitely get some settling, The City will ha~to do some excavation and build some controls when they decide to use this area in the future, MOTION by Lachinski, Seconded by HcClure, to approve the Hattson/DeGardner Crooked Lake Addition proposed Preliminary Plat of Hay 19, 1977, being in conformance with existing Ordinances and comþatible with the area and with one exception, that being lot Number 11 being twice the size of the average lot size; however, there was no opposition from the public in response to this, Plat meets the approval of the Engineer of the Coon Creek Watershed Board and that the Park Commission has indicated that they want to accept money in lieu of land for park dedication purposes, Discussion: Add the section of the Ordinance that was addressed, Councilperson Lachinski added: Ordinance 10, Section 9,05a, Second Still Stands, (See Resolution R75-7) Motion carried unanimously, Cherney Variance Don Jacobson explained the land located in Red Oaks is to be divided into 4 separate 1'JA'I"'cels from the ,existing lot of ~~, Cherney which would conform to the R4 zoning, !.~, Cherney ig applY1ng for the variance because of financial hardship, There was no public opposition to the variance and the Planning and Zoning Commission suggested that no park I fees be reQuired because fees have already been paid to the Park Commission in the previous planning process; There is an easement on a portion of the property for a road; however, there should be no problem to the splitting of this parcel, ~~, Stockwell exPLained that the entire area is very high with respect to the surrounding land; and with streets and storm sewers coming in the area, there should be no drainage problems, MOTION by orttel,1 Seconded by McClure, that the City Council approve the variance for Thomas Cherney under Section 14,02 of Ordinance 10 for Parcel 550 of Plat 68110 legally described as Lot 11, Block2, Red Oaks Hanor Third Addition, for the following reasons: The lots are comp~tible with the surrouding use; there is no public opposition to the variance; and contingent on establishing an escrow deposit in the amount of $50, (See Resolution R76-6)! Discussion: A drawing of the layout is part Of the formal variance filing, The Escrpw Deposit is to cover any fees as far as the engineer looking at the plat, There are rone to date, That recommendation is based on the compliance with the Escrow Ordinance. Motion carried unanimously. Larson Rezoning/Variance Mr, Jacobson explkined that James Larson requested rezoning at 13315 Lily Street NN , and also for a valiance to subdivide his property into two lots, The present use of the area is PI and it was suggested to be changed to R4, There was no public opposition at the Hearing, P & Z is recommending approval because it would put the land into a higher use; it would be compatible with surrounding lots; and there was no public opposit.ion at the Public Hearing, He is requesting a variance under Section 14,02 of Ordinance 10, Financial Hardship, on the Lily Street extension, The resulting two lots would comply to the zoning code in the R4 area, It waS also recommended that $50 per lot park dedication fee be assessed.. - Regular City Council Heeting July 5, 1977 - !1inutes Page 9 (Larson Rezoning/Variance, Continued) James Larson stated he owned no other property adjacent to these two lots, only the lot he lives on across the street. Attorney Hawkins expressed the opinion that the $50 is based an an Ordinance that is not in effect at this time, Our Platting Ordinance does require ~lOO TIer lot park dedication fees now. We have to use the Ordinance that is in affect at this time. MOTION by Lachinski, Seconded by McClure, to approve the rezoning from Rl to R4 for the reQuest of James H, Larson for Parcel 9400 of Plat 65932 legally described as the east 221.12 feet of the north 197 feet of the south 297 feet of the southeast quarter of the southeast quarter of Section 32, Township 32, Pange 24 in Anoka County, Minnesota, said distamces being measured parallel with the east and south lines of said southeast quarter of the southeast quarter subject to an easement for road purposes over the easterly 33 feet thereof, Reasons for the approval are it would put the land into the existing use and it is compatible with surrounding lots and lot usages and there was no public disa~reeMent with the rezoning. (See Pesolution R77-7) Discussion: Mr, Stockwell explained that originally the easterly 33 feet was easem~nt, and during the 1975 sanitary sewer construction we acquired an additional 66 feet, ~o the total right of way easement through that area is 99 feet, which is adequate for the cuI de sac planned when the street project is done. Hr, Hawkins explained that the accurate legal description and our easement has been recorded and wouldn't show up on Mr. Larson's document. This description should not affect our actions, Motion carried unanimously. MOTION by VanderLaan, Seconded by Windschitl, that the City Council, City of Andover, approve the variance request of James H, Larson under Section 14,02 of Ordinance 10 for the following reasons: l~ That due to severe assessments against his property, he has been faced with a financial hardship in excess of $7,200, assessments being the installation of sanitary sewef; 2) There is no opposition from the neighborhood and surrounding residents; 3) Th~t the variance would result in two lots and would conform with the Zoning Ordinance in an ~4 are~ and that the Planning and Zoning Commission would recommend that Hr, Larson ray ~ìOO per lot for park dedication fees, and that, additionally, the approval for the variance be contingent upon the establishing of an escrow fund in the amount of ~50. (See Resolution P78-7) Motion carried unanimously, Sagvo1d variancel Mr, Jacobson exp ained Durwood Sagvold requested a variance to build a home on Swallow Street on a lot ctpproximately 100 by 200 feet, It is an PI district and is flanked by an R3 district o~ either side, The P & Z recommended denial of the variance based o n 1) the lot does not meet the 60 percent zoning requirement because it is in an PI district; and 2)~The Commission was concerned about possible effects on sewer and water on the number of small lots in the area as there is no plans to provide sanitary sewer or water in the are for the next 20 years, Attorney Hawkins explained that previous decisions have been made regarding this same type of situation of a perfectly buildable lot platted prio~ to enacting our Ordinance, He was concerned whether the 60 percent requirement on p Ie-existing lots can be sustained, Durwood Sagv<t>ld explained he just ovmed this one piece of property, The real estate man called the C~ty and got verification that it was a small lot, but buildable as it should be grandf1thered in just like the rest of them, That was the reason he bought it, The tYDe of soil Ithere is sandy, and there should be no problem with the sewer system, If the well is put down through the clay, I-!r, Sagvold felt there should be no reason for any ro11ution. There was testimony from City staff that the recording of this property was done prior to the effectiveness of Ordinance 8, -- Regular City Council Heeting July 5, 1977 - Minutes Page 10 (Durwood Sagvold Variance, Continued) HOTTn~ by Orttel, Seconded by HcClure, that the City Council grant a variance to ~lrwood Sagvold on the property located on 15921 Swallow Street, Plat 65915, Parcel 5890, that ~art of the north 100 feet of the south 200 feet as measured along the east and west line of the east half of the east half of the northwest quarter of the southwest quarter of Section IS, Tovmshi~ 32, Range 24, lying west of the east 100 feet, as measured along the south line of said east half thereof, on the basis that it was a lot of record prior to the ado~tion of our current Ordinance 8 and would be in conformance with the sur- rounding uses. (See Resolution R79-7) Motion carried unanimously. Hoggatt Variance !1r, Jacobson explained that Richard Hoggatt applied for a variance to split his property into three lots out of the existing lot under Section 14.02, Ordinance 10, Financial Hardship, The P & Z is recommending approval because the lots will be compatible with the surroundings, there was no public opposition to it, approval is based upon the recommendation by the Coon Creek Watershed Engineer, and the lot split be subject to a park dedication fee, Discussion was on some of the votes of the Planning and Zoning Commission on these variances and why. Mr, Jacobson felt he couldn't speak for the other members and that some opinions are expressed in some of the minutes on these items, HOTION by Orttel, Seconded by McClure, that the City Council approve the variance request for Richard Hoggatt under Section 14,02 of Ordinance 10 for Parcel 4700, Plat 65933, for lot snlit to consist of three lots as described in the attached diagram for the reasons that this lot snlit will be compatible with the surrounding area regarding lot size and usage, and also the Coon Creek Watershed Board of Engineers letter gave approval to this nlat, AISolsubject to a ~100 per lot Park and Recreation fee, Discussion: Mr, Hoggatt stat~d the sewer assessment was ~17,OOO, Mr, Jacobson clarified that the Coon Creek 11atershed's Engineer sent the Coon Creek Watershed a letter saying there would be no additional I run-off as a result of this split, Because of the timing, we took the strength of the Rngineer's letter and assumed that the Coon Creek \Vatershed Board would a~ree . Councilperson Orttel removed that portion of the motion, Second still stands, (See Resolution R80-7) Motion carried unanimously, !/on-Intoxicatin!1; 1 Liquor License - Lions Club 1 HOTION by Lachin$ki, Seconded by Orttel, that the City grant Andover Lions Club an On- Sale, Non-Intoxi¿ating Malt Liquor License for July 16 and 17 for a fee of $10~ location , being Andover Ci1y Hall park, Discussion: Councilperson VanderLaan questioned if any Council member were an officer of the Lions Club as to whether or not they could vote on this motion, IAttorney Hawkins stated if a member of the Council would have a direct involvement in t~e operation, then they would have an interest in the outcome of this license. If the 1 are merely a member of the Club, that's indirect involvement; and they could vote on th~s motion, Hotion carried unanimously, Round Lake Bstates - Extension (Pinal Plat) James Lund, 2417 1140tb Avenue !IE - explained that rather tban putting up a bond for tbe work, be elected ¡to nut the roads in and have the plat anproved along vri th the roads. As far as he feels, the road is done now, Mr, Stockwell needs to inspect and approve . I them. Hr. Stock"~el1 eX'Dlained that there are some changes in the final plans that were accidentally omitted, one being the drainage easement between lots 1 and 2 of Block 3, and the other being a formality where our Ordinance requires them to indicate the type of surrounding land and zoning of the surrounding areas plus indicate the lot and block number of the lots adjacent to the area, Attorney Hawkins informed !1r, Lund of the items needed before the Final Plat can be approved (f,7,500 bond, deed, satisfaction mortgages, etc,) - - . - Regular City Council Meeting July 5, 1977 - Minutes Page 11 (Pound Lake Estates - Extension, Continued) Discussion was on how long the extension should be granted for, MOTIon by Orttel, Seconded by HcClure, that the City of Andover grant the 30-day extension for the filing of the Final Plat of Round Lake Estates developer, engineering, inspections, and other matters required for finalizing of the plat, Hotion carried unanimously. Personnel Committee Councilperson Lachinski explained that the Personnel Committee is working on the problem of merit increases, They feel they need additional time to do so, since there is general agreement that minimum-maximum-type raises be identified for each classification along with the problem Of realignment of positions, They also want to develop a formal po~icy so that merit raises can be done more automatically in the future. Their recommendation would be that once such a policy is established, retroactive raises be given to JUly 1. Hayor Windschitl questioned as to whether a motion had been made previously establishing a policy on mid-year reviews. The Clerk will check into this matter further but didn't think there had been one, A motion was made once but it applied to that year only, not as an official policy, Councilperson VanderLaan explained that as a result Of an oversight, the City Clerk and Building Official had not been invited to their meeting to explain the rationale for the raises, Because Of the need for some committee members to update and acquaint theMSelves with procedures, a recommendation on a formal policy has not yet been able to be made, Councilperson Lachinski said that hopefully they will be able to come beck with a further report in a month, , ,. Fire Protection Committee Thorn Cherney, Chairman of the Fire Protection Committee, read a statement to the Council which in eSSence stated the City of Columbia Heights has a used Engine Pumper unit that they are vdlling to sell to the City of Andover for $150 for use in a Volunteer Fire DeTIartment should lit become a viable alternative Of fire protection in the City, In the event that Andover does not establish a Department, the City would have to make the pumper available to some !other fire departnent at the $150 figure, Lam HcGannon, Dead Lipps, and Vltc Evans. members of the Fire Protection Committee, also answered qUestion~of the Council, }~. Cherney explaind further that one of the members has an empty pole ~Uilding where the pumper could be stored, The only minor problem would be to insure it, e also had pictures of the truck for the Council to see, In the event a Department is established, this unit. along with a tanker and an attack vehicle, should qualify us for an ~nsurance rating to drop from 10 to 9, This is the most expensive and toughest piece Of equipment to get and isn't the long-term answer, but should suffice for 3 to 8 years, \ Discussion was on how the pumper is used along with a tanker, the expense of such an item if purchased ne~, the condition of the truck, the equipment needed for this pumper (hoses, etc,). recovering Jur costs in the event a Volunteer Fire Department does not become a reality, and other uses for the punper in the City, HOTION by Lachinski, Seconded by Windschitl, to approve the expense of $150 for the Pumper Unit and forward a letter to the City of Columbia Heights City }~nager, Malcomb Watson, with a cOP1"to Chief Don Johnson. requesting the unit at $150 along with the thanks of the Council and taxpayers of the City of Andover, In the event that Andover does not establish a Department, the City of Andover assures the City of Columbia Heights that Andover would make the unit available to some other Department that would USe it ~s a fi~e truck at the $150 figure, Councilperson Lachinski added: 1941 International Pumper Engine No, 3, Second still stands, Motion carried unanimously, --~ - Regular City Council Heeting July 5, 1977 - Minutes Page 12 Park/Recreation Commission Phil Rzeszutek explained that Mr, Rogers is still in the process of getting estimates for a tractor for maintenance use with the streets, roads, and for the Park Board, He is checking on both new and used equipment, Hopefully, he will have more information at the next Council meeting, Mr, Rzeszutek also explained that the Andover JC's requested to get permission to remove trees from the Prairie Road project, They have an agreement with a gentleman who will purch~se the cut wood and the JC's would use this as a fund-raising project, The proceeds will ~ù into the JC's treasury to be used for municipal improvement projects to benefit the community, They will have their own insurance as well as the International JC's insurance, relieving the City from all liability, They would also like permission to transplant the pine trees from the Prairie Road Project to some of the various parlŒ in the City as an improvement project. The tree cutting would help fund the transplanting of the pine trees, Attorney Hawkins was directed to investigate this matter further as to private people coming into publically acquired property and making a profit, There shouldn't be any difficulty of transplanting the trees as long as they went from City property to City property, Resident Commications Committee Charles Vieman, Char Costi~an and Jeanine pyron of the Resident Communications Committee discussed with the Council the proof of the next Newsletter including suggested changes, the reasoning behind several statements, the artwork involved, cost, and printing methods, The Council will see the final proof before the Newsletter is printed, MOTION by McClure, Seconded by VanderLaan, to continue this meeting until tomorrow night, 7:30 p,m, Hotion carried unanimously, Meeting continued at 11:20 p,m, until July 6, 1977, at 7:30 p,m, Respectfully submitted, '(~~~ k -~~ Marcel a A, peac~ Recording Secretary --