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HomeMy WebLinkAboutCC June 21, 1977 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 21, 1977 MINUTES The Re~lar Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on June 21, 1977, 7:30 p,m" at the Andover City Hall, 1685 Crosstown Boulevard my, Anoka, Minnesota, Councilpersons present: Lachinski, McClure, Orttel, VanderLaan Councilpersons absent: None Also present: City Attorney, William G, Hawkins; City Engineer, Rex Stockwell, p & Z Chairman, Don Jacobson, and interested residents Resident Forum Rod~er Lober~, 158th and Xenia - felt the City has a very serious dog problem, especially in the northern area where the ~eople on one-and two-acre tracts have anywhere from 2 to 15 dogs which have litters two or three times a year, The barking going on all day is extremely annoying, He's talked with the County Attorney and with the Sheriff and nothing seems to be done. These dogs are penned up most of the time, He suggested limiting the ownership to not more than two dogs and not to have more than one litter in a 12- month period and to get rid of them within a two-month period, Mayor Windschitl ex- plained the City is trying to patrol where there is a dog problem, which seems to have some success. City Ordinance requires a kennel license for owning more than three dogs, and it is not available to anyone in the small-lot district, Attorney Hawkins explained the Ordinance prohibits exqessive barking; and if there is a violation, we could draft a complaint and charge them with allowing dogs that habitually bark, If there have been some reports, we, can check on it; and if Mr, Loberg is willing to sign a complaint against the individual who owns the dogs, we will charge him with the violation of the Ordinance, Dick Schneider, 1343 Andover Boulevard !n~ - felt there is a problem with weeds, and the biggest violator I seems to be the City of Andover along its right of ways, He sprayed his fields last year; and this year because the seeds from the right of ways have blown into his fields, Ithe problem is just as bad, The Ordinance states weeds should be cut or prevented from going to seed, Mayor Windschitl stated the City has an agreement with the County to have them take care of their roads, which should be done within the next two weeks. The City doesn't have the equipment necessary to do the cutting that is required and doesn't know what the solution js yet, The State is coming to give us , assistance on some particular types of weeds here, I Mr, Schneider - The old rusty weed sprayer which belongs to the City has been sitting on , his yard for 10 years, He would like to have the City remove it, Mayor Windschitl , suggested he call Mr, Thurston and have him look at it, Mr, Thurston will report back to . I the Council as to its condition and what should be done about it, I Mr, Schneider - gave some figures on 1976 Improvement Projects in some of the surrolnding communities that 'were given to him by a Consulting Engineer working on them, , Meadowoods: sanitary sewer, storm sewer, blacktop streets, concrete curb and gutter: , average assessme~t is $4,454 (lot size not known but was estimatéd to be 80- or 85-foot lots) Havenwood Addition in Blaine: sanitary sewer, storm sewer, blacktop, concrete curb and , ~tter: average assessment, $3,458 per lot (lot size not known) I Briardale Addition in Blaine: complete project: $4,283 a lot (lot size not known) Brooklyn Park: cpmplete package: $5,269 per lot (Lot size not Y~own), Mr, Schneider expressed surprise at the low prices and doesn't know the authentication of the figures, , but wished some of the Councilpersons would check on them, -- Regular City Council Meeting June 21, 1977 - Minutes Page 2 Ap;enda A"puroval MOTION by Lachinski, Seconded by McClure, to approve the agenda as published and try to keep it to a 20-minute time limit on each item if possible, Motion carried unanimously, Lily Street Imurovement Report Hr, Stockwell reviewed his letter of June 16 outlining the current status of the Lily Street Improvement Project, The City of Coon Rapids has received bids on the proposed improvement; and the final estimate, based on the bids, indicates the costs to be sub- stationally higher than presented in the Feasibility Report, Street costs increased to $18,15 per front foot for the temporary street, mostly because of the 100 feet of street added before making the cuI de sac, Storm sewer costs increased to about 34 cents per sQuare foot, generally because of the length of the entire project and the depth the storm sewer pipe· needs to be, Because the pipe needs to be put 8 to 10 feet deep, all of the ground needs to be dewatered before putting the pipe in, which is very expensive, It appears the City could do the project itself for a lesser amount since a shorter storm sewer pipe wouldn't have to be so deep and no dewatering would be necessary, thus being less expensive, Mr, Stock\vell estimated the cost of a Feasibility Study on doing the project by ourselves to be about $500, and we could also assess the problem of storm drainage into the lake, HOTION by Lachinski, Seconded by McClure, that we direct the Clerk to prepare a Resolution withdrawing from participation with the City of Coon Rapids on the Lily Street and Storm Sewer Improvement Project and to reject all bids and terminate the projec,t for three reasons: One, because of the high costs of the project, it does not appear to be feasible, Further, we don't know if Coon Rapids will proceed at this point; and thirdly, because it is late in the year to do anything about it this year, (Resolution R67-7 attached) Discussion: If the project is terminated, can another feasibility study be authorized and does another Public Hearing'need to be done? The original motion for the project was contingent on Coon Rapids doing the project, If the Council wishes to start the project again, we have to go through another Public Hearing, Motion carried unanimously, In further discussion, Mr, Stockwell informed the Council that the City of Coon Rapids is holding an additional Public Hearing on this project on July 5, so we will know what they are going to do after that date, Mr, Stockwell was directed to bring this back to the Council on the second meeting in July with his comments, Bids - (1977-1) !1r, Stockwell reviewed his letter of June 14 to the Council reviewing the current status of the bids received for the Northwoods and Red Oaks Improvement Project, Based on the final design, the construction costs, estimating all engineer, surveying, legal and administrative costs, proposing $500 per acre for the 42 acres needed for ponding, plus development costs, the estimated assessment per average lot in Northwoods would be $2,500 ( approximately the same as what was projectêd~the Public Hearing) and $2,955 per lot for Red Oaks (anlinCrease of nearly $200 per lot over what was estimated at the Public Hearing,) Should the land acquisition cost increase to $1,000 an acre, it would not greatly affect the total ¡assessments, If the Council waits 60 days to approve the bid, Forest Lake Contracting, the lowest bidder, felt that approximately 1/2 to 2/3 Of the project can be completed IthiS year, Northwoods could be completed; and, weather permitting, the Red Oaks area construction could include storm sewer completion, road excavation, curb , . and gutter and gravel on the roads, leaving bituminous work,restoration behind curbs and driveway restoration for the following spring, This could create some problem with" assessment rolls. One price was bid for both projects, but assessments will be made - - Regular City Council Meeting June 21, 1977 - Minutes Page 3 (Bids - 1977-1, Continued) separately, as everything is based on unit costs, actually measuring the amount spent on each project, The PCA has not officially given approval for the pond to be located near the landfill, and the Coon Creek Watershed Board has not yet approved the North- woods project, though no problem is anticipated in either case, Attorney Hawkins reported that the response for the City purchasing the easements needed for the drainage ponds in Red Oaks has been mostly negative, It's quite possible the situation will need to proceed to eminent domain, Mr' Hawkins suggested a second ap- praisal could be made of the property, which would cost about $1,800, The Council felt this would not be necessary, !1r, Stockwell explained that if the Council wanted to begin the Northwoods section of the project, it would have to be negotiated with the contractor, It is a question of whether or not this would constitute a material change in the specifications that might affect the other bidders, Mr. Hawkins and r~. StocIDvell were directed to discuss this possibility and report back at the next Council meeting, ¡.~ By the July 5 meeting, ,Stockwell should have heard from PCA and from the Coon Creek Watershed Board and talked with Mr, Hawkins to see if the project could be split to award the Northwoods side of it right away, Also, more information should be availabÐ as to whether or not the City would have to initiate eminent domain proceedings on the pond easements. 11r, Hawkins reminded the Council that should eminent domain proceedings be initiated, an escrow account equal to our appraised amount for the purchase of these easements must be established, This is a substantial amount of money, and no bond will be on hand'yet, Mr, Hawkins had not discussed this problem with the City Clerk, University Avenue Extension Winslow Holasek, Chairman of the Road Improvement Committee, explained that the Committee met only onc~ and the general consensus waS we should cooperate with Ham Lake with this projec~ now, It would be handled as a maintenance project, not changing grades drastically I and putting four inches of Class 5 gravel on the road, Ham Lake would do the work and the City of Andover would share in the costs, It was !1r, Holasek's experience that the City of Ham Lakeldoes a good project, No further information has been receivàd by Ham Lake; their original estimation of the project was approximately $10,000 a mile, Dis- cussion was on whether or not this was a realistic figure, Mr, Stockvrell didn't know how thoroughly Ham Lake has investigated the street, He felt there might be some specific drainage problems that should be addressed, He recommended Ham Lake look at the problems specifically and solve as much as can be done at this time as a maintenance project, Discussion was that the funds are available for these types of projects; it's a question of which projects to do first, The Road Improvements Committee has not had a chance to inventory roads and prioritize projects at this time, I Glen Rogers, member of the Road Improvements Committee - was concerned that doing this project with Ham Lake established a precedence of upgrading all unimproved roads, Should , General Funds be used for upgrading a street, or should an assessment procedure be , established? He also questioned the dollar per mile, Would State Law require a bid on it? He felt it'sl not an urgent matter and should be referred back to the Committee for further review, 1 Attorney Hawkins explained the Legislature just raised the amount to $10,000 on a project, then it would have to go out on a public bid, The amount for this I project could go ever that figure, This is an area that needs further clarification, I Regular City Council Meeting June 21, 1977 - Hinutes ~~e4 (University Avenue Extension, Continued) HOTION by VanderLaan, seconded by McClure, that the City Council refer back to the Andover Road Improvement Committee the question of the upgrading of University Extension for_further comprehensive study for the following reasons: 1) The total upgrading costs have not yet been known to the City of Andover; 2) The substantial costs for upgrading of a single road is in question inasmuch as there are other roads in the City that have had requests for upgrading; 3) We've had no formal Andover engineering project comments or study on this matter; 4) The financing of the project is questionable, City policy for road im~rovement has been pay as you go. In other words, that residents owning particular pieces of property abutting roadways have been assessed for them, Therefore, perhaps the possibility of assessment on University Extension or the Municipal State Aid Highway funds being applied if the roadway meets the criteria should be explored, Discussion: Our engineering firm has not given us any dollar amounts or comments on the types of financing available to us, However, the whole subject of financning, MSAH compliance, and a maintenance project versus a road improvement project waS discussed at the joint meeting with Ham Lake, Ham Lake is not assessing its residents on thoroughfares, Councilperson VanderLaan reworded Item 3 to: No formal written Andover engineering study on this matter, Second still stands, Further Discussion: Councilperson Lachinski felt that Ham Lake has done a good jOb on improvements of their roads at a minimum cost, It's this type of thinking why we never get any of our roads with Class 5 gravel on them, The cost is so high, we can't afford it. If you want to deal with the problem of assessing back to the property owners, that should be the direction, rather than all these other comments, There is no possible way the Road Improvement Committee can determine this this year if a complete inventory and a priority of projects needs to be made this year, Councilperson VanderLaan wanted to avoid any costly mistakes by rushing through a project, The greatest concern is the question of collecting dollars from everyone in the City, We are going to have to consider the assessment procedure as an alternate, Approving the project at this time would be contrary to City policy of each resident paying for their own improvements, VOTE ON MOTION: YES-McClure, Orttel, VanderLaan, Windschitl; NO-Lachinski Hotion carried, Escrow Deposit -IPrairie Road Condemnation Attorney HawJ<ins explained the escrow account should not exceed $8,550, the amount equal to our app~aisal, and we should be able to take possession of the property by September 23, 19~7, Hearing Court is scheduled for July 21, This money is reimbursed by MSAH funds should our motion be granted, It will not be deposited until July 21 and is kept on depos~t until the award is granted, Winslow Hal~ i commented that his appraiser still has not given!him the appraisal for the easement, but he should have it by June 28, Nothing has been negotiated since the , last Council meeting, I MOTION by Lachinsk1, Seconded by McClure, to direct the City Clerk Treasurer to deposit the su~ not to exceed $8,550 into an escrow account as required by law under condemnation proceedings for the Winslow Halasek property on the Prairie Road Project, (Resolution R72-7 attached) I VOTE ON MOTION: ~-Lachinski, HcClure, VanderLaan, Windschitl; NO-Orttel Motion carried, Regular City Cou..",il Hee,,__,g June 21, 1977 - Hinutes Page 5 Great Oaks Estates Don Jacobson, Chairman of the Planning and Zoning Commission, explained the developer has requested we withdraw the Preliminary Pla~and he våll do the platting on a strict variance on the basis of financial hardship and time, He wants to split the current parcel in 3 lots; one with his present home on it and a lot on each side of it, MOTIOII by Lachinski, Seconded by Orttel, that the City Council, City of Andover, acknowledge the withdrawal Of the Preliminary Plat of Great Oaks Estates as requested by the developer, Hotion carried unanimously, 10-minute recesS at 9 o'clock, Assessment Resolutions The first Resolution is transferring assessments from one parcel to another of the identical owner to correct the parcel number (Plat 68109, Parcel 490 and 495), The second Resolution is to divide the assessments on a lot that was split into three lots, Don Hallblade, Green Acres, received a variance to split his lots because of financial hardship, In re-analyzing the assessment on that piece of property, it was broke into three pieces, taking the same number of dollars assessed to the property and dividing it into the lot it applies to, Mr, Hallblade explained he plans to build on the other two lots and wants the assessments evenly split up among the property, If the entire assessment was left on the house, the price of the house and the assessments would be more than what the house is worth, The third Resolution (Plat 65933, Parcel 6300) is correcting the assessMent made to this parcel that should ¡,,,t have been becausè the half section map waS dravrn incorrectly, _.- - HOTI(11¡ by VanderLaan, Seconded by McClure, offering tho following Resolutions: , A Resolution amending the Assessment Roll Resolution !fumber 89-6 covering sanitary sewer, storm sewer, streets, and curb and gutter Improvements, known as Project lfumber 1976-1, Anoka County 14, 1 (See attached Resolution R68-7 applying to Plat 68109, Parcel 490 and 495) Second Resoluti09: A Resolution amending the Certified Assessment Roll, under Resolution R8q-6 covering Sanitary Sewer, storm Sewer, Bituminous Streets with curb and gutter, - ' known as ProJect ¡1976-1, Anoka County 14, (See attached Resolution n69-7 applying to Plat 65928, Parcel 6370 divided into Parcels 6370, 6375, and 6390) Third Resolution:] A Resolution amending the Certified AssessMent Roll, adopted under Resolution Number 79-6 covering sanitary sewer improvement knovm as Project 1975-1, Anoka County 12, (See atta ched Resolution R70-7 applying to Plat 65933, Parcel 6300 and Parcel 6311) Hotion carried unanimously, Interim Ordinance 1 ~~, Jacobson explained that the City's Ordinance 36, Imratorium on platting in the City, expires on July l~ 1977, The Planning and Zoning Commission held a Public Hearing on Hay 24 for pUbliclcomment, Three people attended; all were opposed to extending the moratorium, Desp te that, the Commission recommends extending the expiration date from .July 1, 1977, until December 31, 1977, because 6 months is adequate to obtain input from the I!etropolitan Council, especially pertaining to the airport search site, and to have some idea of whatito eXpect of it, Councilperson Ort el believed the reason it was originally drafted was we were going to be getting information from the Iwtropolitan Council in October, 1976, HoVl we're looking at an extension and getting no closer than we were last year, He felt we really wouldn't be getting any different information and questioned if the delay would help the City any, -- Regular City Council Heeting .June 21, 1977 - Minutes Page 6 (Interim Ordinance, Continued) Councilperson Orttel further cOmMêUtod that we know our Systems Statement is going to say there's going to be an airport in the City and will not allow development in that area, We won't know anything different before October when the Hearings start, This leaves less than three months to do our planning for the rural area, He didn't feel it could be done, I~, Jacobson personally felt it would be better to wait 6 months than to have to approve plats t~at could conceivably be in the middle of the airport site, The Hearings should be completed by December 31, There are a lot of unknowns and to allo~ development to proceed might sometime in the future be a detriment to the developers, He felt it is better to play safe for a period of time, Councilperson Lachinski quoted a letter from the Minnesota League of Hunicipalities commending on the Horatorium Ordinance in that it is important that it be uniformly applied and that it be for a valid public purpose, He questioned that the City's Ordinance as it is worded is being uniformly applied, Rosella Sonsteby, 4100 Seventh Avenue North, Anoka - felt that when you advertise Ordinance 36, it would be only fair to state what the Ordinance stands for, as a lot of people don't know ~hat it stands for, She felt a year for the moratorium is enough and should be lifted, They have been dragging their feet on the airport for a number of years, and there's no reason for them not to continue to do so, It's unfair for the people out of the search area to be included in the moratorium, That should be kept open all the time, Councilperson Lachinsk1 eXplained that from 3 to 5 miles around the selected airport site would be in a moratorium area, The platting in that area would also have to be scrutinized, If the airport COmes out here, they have the ability to come in and create their own zoning district encompassing virtually all of the City, J~wrence Carlson, Resident of Andover - didn't realize the Ordinance was open under a Public Hearing, This is an important Ordinance and consideration should be given to a , better explanation of what Interim Ordinance means, He is a businessman in the community and ovms three to four hundred thousand dollars worth of property and o~ing substantial amounts of money I on that property, paying an average interest rate of 10 percent, Taxes have constantly increased and land value has not gone up, It's tough to survive, A year's moratorium was sufficient, Metropolitan Council should cooperate with us more and get this information to us, We've stood quite a burden already and a year and 6 months is a long time, I d'Arcy Bosell, 2942 181st Avenue Inv, Cedar - said the public announcement in the paper did say Moratorium O~dinance; therefore, she felt the moratorium hearing was public ally kno~n, She felt the 6-month extension is valid, In talking with several residents in the northem part of the City~ they are concerned about the overdevelopment of the City if it was split up in 2+ acre lots, The property around her has already been surveyed in 2t acre lots , waiting for the moratorium to lift, We're not sure what's happening to the northern end of the City, and 'she felt we have to look at the total concept of the City, By extending , the moratorium for 6 months, we could probably have a better view, I . Discussion between ~~', Carlson and Ms, Bosell on where those surveyed lots were located and who owned them, }~, Carlson spoke for his brother who owns that property saying only one acro parcel was surveyed to sell because he could not afford to carry it any longer, I Harvel Hartfiel, 14R53 Seventh Avenue !n7 - sells real estate, If people want to locate in the Anoka area', they are going to skip over Andover and build_in Oak Grove where they can arm a home on; 2* acres. She felt the moratorium should be lifted, Regular City Council ¡[eetinß June,21. 1977 - Hinutes Page 7 (Interim Ordinance, Continued) Councilperson VanderLaan stated the process of putting an airport in Andover is being studied by the I!etropolitan Council, and there is no certainty from either them or from this Council that there is going to be an airport, We must comply with the law of the Metropolitan Planning Act, which states we must prepare a Comprehensive Plan in compliance with a Systems Statement, We must plan our Community in compliance with what the Metro- politan Council tells us in terms of sewers, roads, airports, and þarl~. Also, we must prepare a Capital Improvement Program , which is an enumeration of the dollars necessary to put in pUblic services, The intent of the Interim Ordinance a year ago was to allow the City to take measures for a reasonable interim period to protect the public interest, to maintain the integrity of the Comprehensive Plan, and to comply with the Hetropolitan Land Planning Act, In order to establish the Capital Improvements Program, a series of committees was established to prepare reports for the Capital Improvements Committee to assess how much th>capital improvements in the City vdll cost, We've criven them a dead- line of December 1 to report, and then we have also considered the extension of the Interim Ordinance to December 31, This gives the Capital Improvements Program only 1 month to prepare that, She personally supports a year moratorium because the law says we can ~repare an interim ordinance and we have only one time to extend it. When our work is complete, which depends on the statements from the Metropolitan Council on definition of the matters of Hetropolitan significance, the delineation of the airport search area, and our Final Systems Statement approved by the Hetropolitan Council last week, we can then lift our Interim Ordinance, Councilperson Orttel brought out the fact that there have been numerous building permits issued under the State's 5-acre metes and bounds law, which is completely circumventinß this Moratorium Ordinance. , Hayor Windschitlicommented that the Metropolitan Council will not comment on lot sizes, The only information he's been able to get is what the City of Ramsey is doing with the rural, transit and urban areas. Metropolitan Council is concerned about that transit area, but we d~'t Y~Ow if it's because of the definition of the transit area or in the lot size, ~p T~ly good case for extending this Ordinance is the airport situation, Should the airport site be approved, they have the ability to come in and put in a moratorium on all building, They completely control the land, I Ms, Sonsteby - felt that if the people want to plat in that area and~~e the chance, they should be allowed to do so, We're paying taxes here, and we should have some say here to~ I The vote on the motion requires a 4/5 vote in order for the moratorium to be extended, I HOTION by Vander~aan, that the City Council, City of Andover, extend Ordinance Number 36, The Interim (I!or~torium) Ordinance for a period of one year to July 1, 1978, Motion dies for lack of a second, I HOTION by VanderLaan, Seconded by McClure, that the City Council, City of Andover, extend Ordinance Number 136, the Interim (Moratorium) Ordinance for a period of 6 months to December 31, 1971, I VOTE ON !lOTION: IYES-HcClure, VanderLaan, Windschitl; NO-Lachinsk1, Orttel Hotion fails because a 4/5 vote is needed, Ordinance 36 expires on July 1, 1977, Councilperson VanderLaan stated she regrets t"e failure of the two motions inasmuch as the public interest is not being served, I Regular City Council Heeting June 21, 1977 - !tinutes Page 8 Lot STIlit Ordinance Mr, Jacobson explained that few citizens attenædüe Public Hearing for the proposed Ordinance, that no citizens opposed it, and the City Attorney saw no legal problems with it, This Ordinance defines what is required for a lot split to make it a better and easier way of dealing with a lot split in the majority of cases rather than going through a variance procedure each time, In discussing the Ordinance, some of the questions the Council had were: The number of lots allowed to be split, The definition is not more than two parcels, Being allowed to split into three parcels might better take care of the larger pieces left in the City, There is a provision for an appeal for a variance to the Ordinance , No piece of property should be subdivided and be made less in size than what the zoning requirements in that particular area call for, The Ordinance says a charge of $50 for each lot created shall be assessed for parks where no park fees have previously been assessed or land dedicated for a park, If we can apply our dedication, it should be exactly the same statement that's in the Platting Ordinance in an attempt to try to treat everyone the sane, Possibly the word "shall be assessed" should be changed to "may be assessed." Councilperson VanderLaan felt our Comprehensive Plan intent is to encourage develop- ment to stay in the urban areas and to provide large lots in the rural area, BY" allowing lot splits in the northern part of the City, we are at odds with that objective, Mr, Jacobson stated the Planning and Zoning Commission felt that it should apply to everyone in the City equally, and lots cannot be split into smaller parcels than the zoning already calls for, Councilperson VanderLaan felt this allows a person to split without the costs of topography drawings and soil borings, soil borings needed to determine whether or not the lot will sustain an on-site septic system, These obviously are not necessary in the urban sewered areas. The very first intent of the Ordinance was to provide relief from a financial burden because of the City voting and installing projects, This criteria applies only to the people in the sewered areas; and by adopting the Ordinance in this fashion, this intent is not being applied, ~~, Jacobson explained there is a $25 cost plus engineering costs in case the Commission felt water samples, soil borings, etc., were needed in the rural district, Possibly some more difinitive language is necessary in the area of criteria to be net for a lot split or possibly restricting it to the sewered area. I MOTION by Vander~aan, Seconded by Orttel, that the City Council refer back to the Planning and Zoning Commission the Lot Split Ordinance with an examination of the following: 1) The park dedication fees; 2) The philosophy of the Ordinance inasmuch as good City , management would, encourage the development in the Urban Service District; 3) The need for engineering services being performed; and 4) Lot split in a division of a greater number of lots than two, Discussion: Councilperson Lachinski felt the Ordinance has some real merit for allowing it in the entire City, not just the urban area, The Ordinance , is to save the residents some hassle relative to trying to do something with their land, , This is just being referred back to the P & Z for further consideration of those points; this is not absolute direction, VOTE ON HOTION: YES-McClure, Orttel, VanderLaan, Windschitl; NO-Lachinski Motion carried, Airport Resolution Councilperson VanderLaan questioned the paragraph in the Clerk's testimony stating vlhether Items 1 through 6 on the Preliminary Statement on "Goals and Issues" have been resolved. According to the May 4 memo of the Metropolitan Council, these items are the goals to be resolved, She felt there is a conflict between the two, Regular City Council Meeting June 21, 1977 - Minutes Page 9 (Airport Resolution, Continued) MOTION by Lachinski, Seconded by Orttel, a Resolution reaffirming the position of the City of Andover on the proposed North Search Area Aviation Facilities as it relates to the Metropolitan Development Guide Chapter on Airports and the Airports Systems Statement, (See attached Resolution R71-7) VOTE ON MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan as she feels there has been a misunderstanding by staff in the preparation of the testimony, that the statement on goals that the Transportation Planning and TAC Aviation Subcommittee are being questioned as having been resolved and that is not the intent of that body to have them resolved at this time but to provide Andover with the opportunity for input, Motion carried, Special Use Permit - North Central Ward Foss, representing North Central, explained they want to install two additional 30,OOO-gallon propane tanks on Seventh Avenue, This propane is used to supplement the natural gas supply that can be taken from the gas lines On cold days in the winter to improve service, MOTION by Orttel, Seconded by McClure, that the City Council grant the Special Use Permit to North Central Public Service for the placement of two additional propane tanks at their storage area, that part of the northwest quarter of the southeast quarter of Section 30, Township 32, Range 24 in Anoka County, Hinnesota, described as follows: commencing at the southeast corner of the northwest quarter ~the southeast quarter thence north along the east line of said northwest quarter of southeast quarter a distance of 316 feet, thence west and parallel to the south line of said northwest quarter af the southeast quarter a distance of 760 feet, thence south and parallel to the east line of said northwest quarte~ of southeast quarter to the south line of said northwest quarter of , the southeast quarter, thence east along south line of said northwest quarter of the southeast quarter to the actual point of commencement, as this use complies with Section 4,26, 8,01, and 8,03 of Ordinance 8, that it either is in conformance with those or they are planning to meet those requirements and it is not detrimental to the public welfare and safety of the community and there was no public opposition and this is an expansion of an existing use, Hotion carried unanimously, I HOTION by Lachins1Cl, Seconded by Orttel, to extend the meeting until 11:30, Motion carried unanimously, I Vacation of Street - Sonsteby 1 Mr, Jacobson explained at the May 24 Public Hearing the subject of the vacation of the road easementl on property owned by ~~s, Rosella Sonsteby located just west of State Aid HighWay No, 9 and just south of 143rd Avenue mv was discussed, The Commission recommends denying the vacation of the easement because they didn't want the City to be in violation of al 1974 Court order in which the Hagens, who 0\7n the property just south of the easement, pbtained a decision that they can use the road easement and approximately ten feet of Hrs, Sonsteby's property to ingress and egress from their garage, which is located south of the present road easement, Also, this easement is the logical southerly extension south Of 143rd Avenue should development take place there, Gabriel Giancola, I Attorney representing the Hagens - There is another Court Hearing ~ending as to easement rights, etc" scheduled for some time in the fall, He agreed with the Planning and Zoning recommendation, ~e~ular City Council Heeting June 21, 1977 - Minutes Pa<:e 10 (Vacation of Street - Sonsteby, Continued) Rosella Sonsteby - About a year or so ago she came in for a new zoning on the property, She asked the County where the road should be coming out, They preferred having the road comin~ across the Quickstrom Addition because the easement is too close to 143rd and they don't want them comin~ in that close to a main highway, Ms, Sonsteby read a letter written by her attorney to Mr, Giancola saying he felt the court order only provides a prescriptive easement across Ms, Sonsteby's property, extending from Hagen's property to the dedicated road; and it appears that the road is not necessary since no one needs or uses it except the Hagens who have their own access. Ms, Sonsteby offered to sell the property and felt she did everything she could to resolve this, She felt that this vacation of road easement would solve the problem, Mr, niancola further commented that a garage permit was obtained from the City and certain factors were taken into consideration at that time, The City's past action in that regard should be taken into consideration. Ms, Sonsteby stated the garage was built against the Ordinance, built only 10 feet from tRe property line the garage door is facing and backing out onto other people's property, Attorney Hawkins reminded the Council that State Statutes direct that no street vacation shall be made unless it appears in the interest of the public to do so, Beverelv Ha~en - The garage door opens and faces this easement. This is how they have <:otten in and out for the last 12 years, and this was verified in court, She brought copies and pictures of the plan to the City when it was built to make sure there would be no problems, The building inspector was there, MOTION by Lachinski, Seconded by McClure, that the City Council. City of Andover, deny the vacation, legal description identified in the recommendation from the Planning and Zoning Commission, The reasonS are: 1) There is an existing easement of record prior to the time of her acquisition of the property; 2) The Andover Building Department granted a building permit for a garage which [aces said 33-foot easement; 3) The rights of Mr' and Mrs, Hagen, who reside exactly south of the 10,89 feet, would be jeopardized with the vacation of said easement; that is the right to ingress and egress over the 10,89 feet; 4) That Civil Action in 1974 in the Court ruled in favor of Mr, and Mrs, Hagen I ~ranting them prescriptive easement rights over the said 10,89 feet; and 5) The natural , development of the property the City would use for potential use for future road, I AM~TDrfSNT TO MOTION by VanderLaan, Seconded by Windschitl, Item 6) That no public interest would be advanced by the vacation, I VOTE ON AI~¡DMENT: Carried unanimously, \ VOTE ON MOTION: dcarried unanimously, Park/Recreation oMmission - Community School I Lowell Kutches, 2~59 135th Lane mv. Chairperson for the Community School - ~ave a brief background on determining the interest in Andover for a Community School and explained that the results ¡Of the latest survey showed an overwhelmingly positive response, JiM Stewart, Di~ector of Community Schools - explained they are in the process of ne- ~otiatin~ CETA fundin~, The TIrogram is a 9-month program, this fall through next spring, keepin~ summer prpgra~s as a separate entity, If we get CETA funding, it would be a full-ti~e year-ro~nd pro~ram funded primarily by CETA, Should CETA funding be approved, they will fund $10,000 of the salary, and $700 would need to be paid by the School District and by the City on a 30-70 ratio plus a supplement of $1,000, Approxi~ately $2,075 is needed for the program from this year's budget (September _ December), For the entire 9-month program, it will cost approximately $4,500 without CETA funding, -- - -, Re~ular City Council Meeting June 21, 1977 - !1inutes Pa~e 11 (Park/Recreation Com~ission - Community School, Continued) Mr, Ro~ers - With the $2,000 approval, it would give the Commission time to review the ~rogram for further recommendation in 1978, Ms. Sonsteby - Our taxes are being eaten up by the school and many students can't read and write out of high school, She felt we should have school year round añd forget about all these extra expenses. Ms, Rosell - Will it be restricted to students in District 11 or be available to the entire City? How is the City's costs being taken care of for the Community School? Mayor Windschitl responded that funding will come out of the General Fund, and Mr, Stewart said it will be open to all residents in the City of Andover regardless of school district, There is no provision for busing, Busing is still being negotiated, but if it is in- cluded, they will not cross the District line, St, Francis already has a Community School Pro.;ram. W)TTmr by Lachinski, Seconded by Windschi tl, that the City of Andover enter into agreement with Anoka-Hennepin School Distri.t 11 for the purpose of developing a part-time, August throu~h December, Community School Program at a total amount not to exceed $2,075, Discussion: By that time the Park Board would have had their budget meetings and will be makin~ their recommendations as to the continuation of the program and further funding, Hs, Bosell recommended that when information is sent to the residents, it be sent to Occupant, rather than taking it from the School District rolls since there are two Districts in the City, It was also suggested that possibly the City's mailing list could be used and/or put it in the City Newsletter, Bob Huscovitz - From what he observed, the program is doing very well, He suggested age limits be set for activities and mentioned in the brochures, He wondered if there were programs for pre-schoolers. ¡~, Stewart said there would be programs for pre-schoolers . ., from about 4 years old, Under a part-time program, you can expect just a pre-school TIrogram, an elementary age program, some for teens, and a very minimum of adult programs. , Assessment of the program will be on the degree and scope of participation, Accurate records will~.kJpt on enrollment and who is participating, Charlie. Veiman -jasked if the program would be available to be published in the upcoming newsletter, Mr Stewart explained the earliest a program would be set would be in September; howev,r, general information and a preli~inary report could be put in now, Motion carried unanimously, I Park/Recreation Commission - Stubbin~-in Sewers in City Parks 1 Mr, Rogers, representing the Park/Recreation Commission, recommended that sewers be stubbed into City parks in the future, The reason is at the time the installation r,oes I ' through, it is less costly and is assessed to all residents in the area at minima~: cost to , each resident who uses the park, I Park/Recreation Commission - EquiTIment 1 I~, Rogers explained the problem the City is having with the lack of equipment for their , maintenance of parks, General discussion was on the type of equipment needed, the versatility of so~e tractor with blades, mowers, loader, etc" the cost of equipment, buying new or use~ equipment or leasing, the types of funding available, and splitting costs with the Ro~d Improvements Committee if they could use that equipment also, Mr, Rogers was directed to put together a number of pssible alternatives and bring them back to the Council, Regular City Council Meet_ J 1i'\1ne 21, 1977 - Hinutes "age 12 Personnel Committee Councilperson Lachinski explained the Personnel Committee would like each employee to complete a proposed questionnaire. This really would require no additional expense on the part of the City, There was no objection to this; the Committee should proceed with this matter, Fire Prevention Committee; Resident Communication Committee;. Junkyard Licenses; and Approval of Minutes were carried over until the next Council meeting, Approval/Rodmen MOTrON by Lachinski, Seconded by Orttel, to authorize the City Staff to engage two persons to work as "Rodmen" for the improvement projects under the direction of TKDA at a salary of ~2,75 per hour to start, with a 25 cent per hour increase if perfor~ance warrants after 30 days. Motion carried unanimously. Culverts Attorney Hawkins explained the State Statutes state the City only has to provide culverts on }tgAI! roads, This matter was continued to the next meeting for further consideration, Approval of Claims /lOTION by Lachinski, Seconded by Orttel, to pay Claim Numbers 1311 through 1314 for the amount of ~734,89, Hotion carried unanimously, HOTIO~ by Lachinski, Seconded by Orttel, to adjourn.. Motion carried unanimously, Meeting adjourned at 11:30 p,m, Respectfully submitted, ~ \11\1Î '~,\c~~~ M~rcella A. Peach . Recording Secretary