HomeMy WebLinkAboutCC September 6, 1977
CITY of ANDOVER
R'<;GULAR CITY COUNCIL HS'<;TIITG - S'èPTE!!3ER 6, 1977
!U1/UTES
The ~egulê1'" Bi-Honthly Heeting of the Andover City Council was called to order by
tmyor Jerry Windschitl on September 6, 1977, 7:30 p,m" at the Andover City Hall,
li)1s t;rosstown Boulevard m'l, Anoka, Hinnesota.
Councilpersons þresent: Lachinski, HcClure, Orttel, VanderLaan
Councilpersons absent: :'~one
Also present: City Attorney, William T, Hawkins; City Engineer, Rex Stockwel~
Planning and Zonínß Chair~an, Larry Retzlaff; City Clerk,
P, K, Lindquist; and interested residents,
!'esident Foru!!!
1,,·tnslow t.Tolasek. 1159 Andover Roulevard Ir" - stated apparently the Sheriff's office
does not have the correct infor~ation regarding our Fire Arms Ordinance as they have
been telling people they can shoot anywhere within the City as long as they are 500
feet away from a building, U:ayor ':!indschi tl stated this will be checked into to see
that they have the correct information,)
'T. Holasek also stated that he had requested time on the agenda to discuss problems on
the Prairie Road Project that he felt are costing the City a considerable amount of
money, hut he felt it would be more a~propriate to discuss this under Legal and Engineering
Matters. I{r. "olasek stated that Attorney ,!awkins called him last Thursday saying the
contractor wants to pullout of the project because he can't tie uþ his equipment doing
hoth ends of the road without being able to do the middle, ge felt that this could
cost t~e City a considerable a~ount of money, especially if the project would have to
be carried over until the next construction season.. !~, Holasek had not been able to
contact his attorney for an opinion as to whether or not to sign a waiver allowing them
to enter his property, He also felt he has teen inti~idated by the City ITith implied
threats that assess~ents would be Made to all the residents should costs for the court
settlement of his property become too costly, In ;Y Üy, !~, Holasek informed the Ci ty
Attorney he would si~n the waiver Drovided ~e would be aDsured of no r.arrassments and
,
no assesSMent ba k to the property owners.. Xr.. ~olasek noted that ap;srently this vas
not officially d scussed at a Council ~eeting; and in talking informally with the Council,
the ~n~ineer fel the Council didn't want to co~mit the~selves to an answer at this time..
Be felt this sho ld never have r,one to eminent domain and that he wasn't getting a
"fair shake" fro, the (;ity.
!'~ayor ','Tindschitl t'hou.e::ht that once the Court appointed COr.1!'".'1issioners viewed the property,
:T. Holasek waul be willin~ to sign the waiver and questioned why he won't let the City
on the ~ronerty a this ti~e, lb. Hawkins stated the ~ommi8sioners have viewed the
pro'Derty and should be Ma~in~ the award the end of this week. ~":3.yor ',Vindschitl also
eXDlained the rea~on for the conde~nation was because of the ti~e limit involved to
I
co~plete t~e ~~oject t~is year as this ~as been negotiated for 5 or 6 ~onths already..
!-~r. rrolasel~ felt t~ere hasn't been any negotiation, just an attempt at it.. The City
offered hi~ nothih~ for all of his trees but paid ~150 to >300 a tree on other properties
tn. the Droject. tTe couldn't even get ~lO a tree.. ~·~.:lyor 1:.rindsc!1i tl explained that he
did tall~ to the ~r~ineer about the guarantee of no assessment a~d that it is an i~ro$sible
decisio~ for the ¡OUnCil to ~ive because we don't have any idea of what expenses ITill
be inc'1rred. r·!r. :qolase!,;: asked why he received no for~al answer of any kind from the
~ol1nci1, He also nointed out if he could have gotten a fair allol'lance in the first place,
State AId fnndtng would have naid for the entire cost, Instead, the City has chosen to
'h~in,,,: nroceedin?;s ar;-ainst ~!Ím and incur this extra expense.
---
T)egular 8i ty Council !·~eetin~
,'September r), 1077 - Hinutes
t)a~e 2
("':l~sident ti'orum, Vr. Holasekf Continued)
~-~!' . T101aseh: assumed the ar,'Çraisers exchanr,-ed appraisals at t'he last court hearing, as he
~ad never seen ~~. Allen's anpraisal until then. I':r. :qaw1:ins stated that the last
n!'O'D0sal was discussed with r·lr. Tlolasek and he felt their figures we-:-e too far apart
to continue ne~otiations. Hr. T{olasel-: said there was a difference of 33,500; and to
date he calculated ths City ~as expended about three times that a~ount on the proceedinßs.
tfr. Hawkins stated the City cannot be negotiating on the basis of what the cost would
be if they were ~oin~ to court--some þrinciples have to be set. The City has to pay
the fair Market value for the property, and the condemnation procedure is to let impartial
neon1e make the decision.
~T. ~olase~ then reviewed some of the approxi~ate costs already incurred as a result of
the eminent do~ain proceedings agaist his property. Also included is the fact that the
Andover Jaycees were ~iven per~ission to transplant trees fro~ the ease~ents along the
Prairie ~oad Project to some of the City Parks, but IT, Holasek felt he couldn't allow
the~ on his property without ~nowing where he stood with the City and without his attorney's
orinion. Thereforef anproxi~ating the cost of planting 150 fou~ to six-foot trees if
the ~ity had to purchase t~ese trees from a nursery, the City lost a value of approxi~ately
~22,5()(), All Th.is, ~<fY'. 't:olase1-:: felt, to save 'J3,500, which would have been State A.id
funded. Hr. T-Iolasek also stated the contractor was told the day before 1Jee:innin~
construction that he c0111d not get into the middle section of the road. The ni~~t the
~id was awarded on the þroject, the ~n~ineer stated that the cont-actor would have no
"'JrlJble~ because he could start on both ends of the road. 'Jut é1Pìarently there "is a
'!")!"oblen'J in 1:lOvinr enuin'11~nt aro'lnd; and should extra costs be incurred as a result, !Tr.
T-folaset.: felt thei Ijity Gh(")Uld hold the ;:'n~ineerin,'?; firm liable as the decision was based
on his recom~endntion. In ~'T. Ho1asek's o~inion, the basic question here is how far
tre Sity is willin~ to ~o ex~endin~ funds for this. The settlement itself is covered by
t'l--¡,e ~·Unnesoté1 stale Aid Account. l'fr. P."o12.sek stated he be1:ie<lŒ in principles and feels
he's bein~ tre~t~d unfairly. If the settlement is not satisfactory, he said it will
nrona~ly ~o to District Court and possibly higher. 3y going this route, it's EOing to
"be expensive. I
COl1ncil':::ersan La1'hinski felt the Council :hasn't "been 1.:::ept informed on this issue. Er.
Stockwell explai~ed that the contractor has not said anythinß about pulling out or
Movin~ equi~~ent around; but in anticipating the worst, that .is a possibility, ~Ie
stated we starte on the two ends, thinkin~ that once the Commissioners had seen the
TTo1ase~-: "Ç>roperty construction could ber,in in that ~art. Both ends were finished last
wee1,;:. There are SOMe co~plications at this point, but the contractor still feels they
can complete the p~oject ttis year. The only item would be whether they are going to
ask for additional co~pensation for ~oving their equipment around.
Ap"enda Annroval
H(:TTrm "Jy Vande!'Iß.an, Seco!lded by l~cClure, that the City Council take up iter-I.S in order
as illustrated o~ the r-repared agenda and that the iteM of business be.ing discussed
at 10:30 be tòe last a~enda ite~ of the day, and that the City Council call a Special
)c'eetinli 0f the Co/moil for Thursday, Septe~ber 8, at 7:30 p.m., Andover City Hall.
T)i.scUDG1.0n: Ite~,~ 6a, 6c, 7a, and 10c r:mst be acted u!Jon this eve!ling. Councilpersons
)'c':lTJro and vander,Laa,-¡ '.'Iitòdre'.'l the second and the motion.
1.!n~T('I~T ~y Lachil"ls ,;:i, S8conded by Crttel, to approve the agenda as advertised with the
addition of Item 9b, Assessor's Scòool, and at 9:45 p.m. to review thG agenda. Hotion
carried 11nanir:!ous1y.
'=?e!~ula~ City CO~lncil Heetine;
SepteMber 6, 1977 - J!in1ltes
na~e 3
Anoka r::ol1nty/:?uM 'River CrosGin~
l!r. Keith Caswell, Engineer with Consulting Engineerls Diversified, explained his fir~
was retained by Anoka County to develop a project develop~ent report on the ?-u~ River
Crossin~ adjacent to the north boundary of Anoka, extendinG throußh the City of Anoka
to the City of Andover, ~e furnished the Council with a map of the proposed crossing,
The County of Anoka has f,one through a series of studies to deter~ine alternatives to
the a~proach cf the þroble~ and has £d)pted the Run River Crossing, which calls for two
bridS'es and an extensive street syster:¡ to connect in, which will fit in with the overall
Anoka County thorou0hfare plan, I!e asked the Council to review the proposal. J-fr.
Caswell also exnlained this will tend to Give better access to Ra~sey, Andover, and will
provide the ~axi~u~ relief to Anoka in their traffic proble~, The proposal is subject
to alterations I1pon t~e determination of the survey, of the soil borings, and of the
develoþ~ent of the area.
~!a'yor "'indschi tl felt the crossing shaull come out north of Kemps' Store and the develop-
ment there. Ifr. Caswell stated the intention is to be north of the developed area north
of Ano':a. The specific ali~n~ent has YÐt to be deter~ined. It doesn't include anything
eaE't of th~ p~opnsed ~ortion, l:r:1ic~ ,',rill be developed in the future wi tll the aliGTI!nent
then Dresented to the Andover City Council, The City of Par1sey is satisfied ,'lith the
current location; the School '3oard ho.3 verbally stated they are in favor of the propo¡:;aJ.
COltn.cilnerson Drttel cocMonted that at a previouG consideration of thin by the Planning
and Zonin~ r,om~iGsion, the concern ~as vhere the road would be coming out on Round Lake
30ulevard. !Jr. C"8'.'1ell stated it would probably s\'lir:g to the south after it ca,.,e into
Andover, possibly through the Adolfson prorerty back onto 3unkcr Lal:e Boulevard; but the
exact route is still ner;otiable betr:ccn t~le City and the County. Councilpcrson Lachinsl;:i
su~~cstod a joint r1eetinr, between Andover, Jamsay, the City of Ano1:a, and County officials
should be con::dde!'cd as no irrforna tioD :has been diss8r.1in3. tad Ð.G to l.':hy it is here or
w~at stl1dicG tav~ been done.
I
!ftìTIr'n 1..,y VandorLaan, Seconded by LD.chins~d, that the Planninr, and Zonino; ComMission
review the propoJed Ru~ river Eridßo Gnd connectin~ roadways propoG~1 and offer co~ment3
and reCo~!:1e:1dati1n3 to t-:1C City Council. :9iscussion: Tho approIœiate Anoka Cou:!.ty
officials v!onld 18 invitod to tho..t discussion. Councilpcrson Vo..nderLaan felt t:!1at the
" 0, , "eo" """j" 'H" "' '",0 "0"' "0' "',' ", "0""'0,"' '" h " ...H.H,. """
onr engineer ','.'Oll d be involved. TTo'~'1 '::e are dealin~ with tho concept. ~~. Retzlaff
stated t11is woul( be placcd en next "reck's a~enda of the -: -?~ z. ~:otion carried unanir:ouGly.
......er'f r\õJ1,..s "or!di~!!' Area ACCl1!isi tio:1 - C,:n:rov
I
~nsjn8~~ 3toGkwe~1 revte~ed h~s letter of Serte~ber 2 to the G~ty Council on the status
of th9 T!on.dinr; acauistions in the :?ed r'a':.s St::-eet and ')torr.t Sewer nroject. He reviewed
\' ~
the area to ;')9 nurc~:a3ed fro~ ~T. Ja':les GonrO~T, statir..<: that the e:-:cess di!'t from the
~roject is bein~ placed on t~e Conroy property to date in an atte~~t to ~ake the proposed
lot;; a1ja.ce'1t to proGstm'm '1oul8varrl b~lild:J.blc, and disc ussin0' the p03sibili ty of o'btain-
in~ ton soil fro~i th~ Conroy proncrtv to be ueed to co~pletQ the boulevari restoration
in fled Oa1:s and l;D~th',',rood Addition. ~c s'l~~ested a waiver of the ~:ininG Fer~it required
fo:: t1....is 'under City Ordinar.ce b'J a pO:Jsibility because it ·;¡a1.à be 'J.sed on a City project
!-:r. Jar:-:es CO~'1r(),Y. \ 24",7 13qth A.vonu~ ~-:'.'¡ - Dl1~]lie:1 the -:::ouncil with copies of his
aTIþraise~'s eGti~ate of t~e pro~crty, the appraiser's qualifications, and a list of itemG
to h~ a~ree~ upon I for Gcttlc~ent. I~ sun~ary, t:le followi:1,~ pointG were di8~ussed:
T?er,1J.la!' Ci ty CO~1!1.cil li'eetin<;
':ent~"1be"" 6, 19'77 - ~·!inuteG
1'<1l"':e 1+
(Ded 0aks Pondin~ Area ^cquisition _ Conroy, CO!1tinued)
Iter>¡ 1: ':r. Co~~oy ~s~ed t~ ~ove t~9 nQJ~th li~e of the property to be acquired by the
~i.ty 50 feet to tl~e south, as 11e r¡anted the City pro!)crt~,~ f~;rt'her away from his house.
?.....,.... Conl."o~' did not want ~. jog i:'1 t:1.e line to incln'.1c the hi!";Ì1 ground involved. I!r,
1:. .
8toc1-;':ell .state,"] t~l.'1t 'because final surveys had alre-'J.dy been done, it ITould be cheaper
to comnr:-nsn.te ~::r. Conroy fa.... that nf)',...ti~n of t::e '!1ir;h Ground involved behind T:r. ':;onr,")y's
".--,1111 ~in~r; .....,":.ther t"é'n re8u!"veyi~G f0r tho nm" a1ig~!"1ent. :\lso, òy movin~ tte line 50
f't:'!et, a'ho'~.t 1 g~r8 Of tr.e total pondinr; area 'would be lost, 1,'.'htch Vlould have to bG
~ainn.0 ~n an~thor area. ':":ounc-tlps?'80'1 Va::1derT-.,.'3.0.n !1.ot"ld that the requireMent for rear
:T,""!:r:-d :'ìetbac'::s is 50 feet thr'ìn.g'-1o'J.t t"8 City in zoncs in whic}-¡ rear yard setõac~{s are
-'11lo'.'!er1.. I·7a.'ror rlindscti. tl felt t'1a t !!r. Conroy's request vms vo.lid a~ !'le w'Juld have no
cnntrol ove'"' vi:lat is done on th'} Cit:'I-o':rned p!'operty just 50 feet behind his buildir..g.s.
tfr. Eawl,:irs notnd 1-'0':.8 '1"'0.'..'0 b9r:n <:>zccut·:d. arr--:1 the COndGDnatien nction i8 based en tho
de3c~iptionG nlrea~y ~rovided; a~d by chan5ing boundaris.:;, the \'/101e action \'foul,] b::-
cha-;!.~od.
Iter¡ 2: ?!r. Cor-.roy rer;lle.~tr;~ to retain all blaGI: 'lirt rig':tG fro::l the land. r·:r. StoCl:"'ICll
ox~laino4 t~at the contractor is p~oposin~ b'¡yin~ the blac1: dirt to be used for boulevard
'"'estoration frOM t~10 240 feet ~~ic'- t~o C~ty is ~ot ~urc~asij~. A t tor~0Y !-:av.'::ins D.~d
r·!r . Stock'.vcll ex:;l.:1.--:_ned that in ~eG:Jti~tiC'rrs for the "p'Jrrding site.:;, '::'3 a::ldit-'_or..8.1 compen-
s~tiQn other t~~n rnonotarv, t~',y '-~:,ve"'.r:reei to let the property owner:::; rer.¡ovc the top
Boil unde~ the cn~ine9~ts su~e-vis~on. Tho.t \'.'ould also "benefit th'3 :-3it,y by ~avinç t':e
:ponds ex:::~vated for t1lC!':1 and at the sarIe ti~;e it !telps in tha ne'":':Jti1.tion ~rocess. Tl:is
h~s 1-¡een "!)::'onoG"Id to 8vorY'1:!.e :Ln the neGotiation :'2rocess.
Ite~ 3: H~. Co~~oy ~cque0ted the sollin~ p~ice to be ~l,OOO an acr~--th~ City Q~~rai8c~
valued t~e pro:-erty at ":50n n:'l acre. ..~~. Co:r:.ro:,.' st:1.tr:1. 1:e hc..d :r:ot Geen the City appraiser's
a ">'Y9:-aisë1l. Ee 2.1so statecl the é\::;s2Gsed val~tat:'on of tha nroperty is '~l/)OO an acre
~n~ t~at is what hc is payin~ taxeG 0!1..
Ite~ ,1[: :~.r. r:rJnJoy !"eq;tCstCrl establis;1ing 7 lots along CroGstown Boulevard. DiGc~¡sGion
~'Ja:7 th8.t t~'is i:'"; ' a decic:;io"1 t':at ::::annot be nade '-:)y the CO'lncil at this ti~9; hOì'!9Ver,
it ts '~el--:qved t~1e C01J!1tv would rer.:l1i!"'c a f::'onta~e road. Hr. Stoc~:ì'1ell stated that
I' C
nro~r~s~on8 ha~e be~n Ma~e for tt. Also, ther0 will bo a 30-foot access easement to the
non1~~~ site on t~e very southerly end of ttat 240-foot strip. Th2SC ~ould ~e residential
lot."':, "?roh~.81y 1:.'~1~,:out3. DiG~us:Jion \'.'['.3 on the wiðt>. the C011:lt·,. i8 r;oinf, to require
fo"" ;ri:,;,h:' of' "':D.~Î on thû.t 8trin. Ix. Stockwell was r;oinc; to check with the County on
t'~e rel"'!u"'reT'lents ¡to 1.;,0- 8n'"'e !~r. Conroy ~la"-:; enou~h foota-;e to be able to develop that
8t~i1J into res~d8:lt":11 lots. AS:3'_~;'~in_r::; th-: COU!1.ty Cél'71 be satisfied on the frorrtû.f'''e road,
1 ..' C
!~. Conroy could rile a plat on it.
itS""! 5: ~.::r. so""'xPy requQsted t1:·~ zanir:tj on the ~er::ainin'"",: Parcel 1820 be rezoned for use
as a nossibl~ nei~hborhood b~sines8. ~he Plannin~ Co~~is3isn ~ust hold a:rezonin~
,,"'"',' 00 " "r' ,., "0'"'' .,. k "".
Councilnors0n Lac ins':;' stated he \'!ould like to see this nOGotÜlted ar.d felt if the City
cO'lld bend to M~e ì!~. CO::1!"'oy's re1'ne.sted in Itc!::1.s 1 and 2, that he should be willing'
to settle fer the ori....inal rropoGc~? ('.r::Oll!!t. T;-r. Conroy felt Ì10 coul::~.n't o.r;rce to that.
.~~ Gave the '::ounc 1 do..tD. on 10\"1 land around t~le City that l~.Qs been selling for ~1,500 an
ac-e "nd hi¡;èer, f'aè'or '-'iindschitl ."elt that 1!r, Conroy is r,ettÜJ.¡; enoueh fill free fro",
t1v'! City to !'"::.....t~,;:e he lots on r.:rosst'J\'::n Boul'Jvard bu¿_ldable, ,,"!hich is worth considerably
t':ore t1an the ~50, an acre differonce if "~r. Conroy had to fill these lots at his own
eXDense. Ì'~. ~onlny felt h8 is r,etti~r. forced into developinG the Q~ea because of the
i!':1n~ov~r;eTIto, \'.'hen he haçl no nlanD to do anything with it previously. :re Qlso felt the
~1,000 a~ acre ~~8 '''(¡l.r an:'!. stated ii' the City had offr)red that price initially, h'2 would
~av~ accoptci it,
~er;ula"" Sity Council :·~ecti!lg
Sent9r:J.'ber G, 1977 - Hinutes
Pa (;8 5
(Ped 00.'-:8 ?o!1díng Area Acquisition _("Inr:.roy, Continued)
~iscnsr.>ion "':as on "lily the Ci ty arpr~~ and ~t"'. Conroy's appraiser arc so fa~ apart.
Attorney :rm':l:ins stated he had [mc,~e.stod to tbc City Council that a second appraisal
òe done on t'w pro':1crty and the Council chose not to do so, Eo hiGhly recommended I·:r.
Allen and ~is q~aliiications and felt that ~500 an acre was a fair price for the land
and couldn't rcco~~end payin0 ~l,OQO an acre for it. Councilpersow La.chinsl-:i <'l::1d
Orttel volunteo,-",ed to viel'! tho 10\" land in the City indicated by ::r, Conroy that has boa¡
nurchased for ~1,500 an acro. Councilperso!l Crt tel expressed concern ovcr the vast
difference in a~?raiGalG of land by var.buG a~praiser8 (io. , !~olas e~:: property on the
rrairie Poad project and now the Conroy p~o~erty beinG discussed) as to why either the
~ity a~praiser is lo~ or tho others arc high.
DiGcussion was on ""!lather the contractor can rer.:ove the blnck dirt fror.1 ~.!r. Conroy's
~roperty to use on the :project if it is acceptable to the En,zineer without having to
a TI-ply foY' a ninin~ I'crr.1Ï t. The Council recessed for 10 ~inutcs to Give the Attorney
tiMe to review the Ordinance ~ertaininIT to this,
1reetinc reconvened at 9:10.
AttoY'ney ~In\'.r::ins ~tated no nernit is required for the excavation of the fill r.Jl1terial
.slnce it is a City :nroject, and the provision in the Ordinance does not apply to City
nrojectn:. T~e alGo stated tho. t the ini tial ~:earing on the proIJerties of Ilr. Conroy,
!.!r. r~er.kv]ld, !II"'. Eveland, !!r. Sorenson, and !-2"-. :?oth will be held September 29, and the
Co~~issi~~er'G will ~eet sane ti~e in October to ~a~~e their evaluation. Councilperson
Orttel sumr.1arize~ that IteMs 1 and 2 don't appear to be a proble~, Ite~s 4 and 5 don't
aD~ly to the Council as they ~ould 50 throu~h the P & Z, and Item 3 is the only ~int
of contention which could be resolved if it can be determined that co~paraòle land is
bein~ sold for 1~,500. Hayor l.7i:1dschitl directed this be placed on the aGenda for the
next re~ularly SihCdUIOd meeti"G and that eac.\-¡ Councilperson research this further,
Final Accentance - Country ~states Sanitary Se~er
]Wr. Stoc~::well e:·dlaincd that the payr1Cnt to the contractor would be ~/+, 8,3r3 .55. Trayor
,
'n"""'".n "'"T"" '"0,"" '", ""M"",," 'N"'" ",", "' ,,,, ,,, "'," H "'"
never a'lthorized i:1 a !:lotion. r.:r. Stocl~7cll explained he felt it waß to everybody's
a.dvant2.Ge to add these two cervices tha.t !.~. !·;cClauß'hlen needed as it ",'¡as cheaper to do
it at that tine. Attorney Eawl::ins ex~lained it's a situation w~erc ~e could voluntarily
a31: hiM to :;ay it; and j_f he doesn't, ..../e could GO bac!,:: and GO throuGh the procedure.
"OTTO''; òy vanderr,l.an, Seconded by ¡;cClu,-",e, enterinG" "esnlutio" "cceDtin~ work and
directinG payment for t~e extension of sanitary sewe~ service to Coultry £Gtates and ·that
"Dronerty m'rned by Leono.rd !'~c ClaughlcYl. (Sec ~esolution RICl-7) Eotion carried unani!:lqusly.
Stl1b r,,.,cation ~e:1brt
Sn,ineer StoC1:welr reviewed his letter of AUGust 29 to the Council statinG hc contacted
~T. Corchrane· . ~ellinr, hi~ the City is willinG to ~ay the reasonable cost for correctine
t'w elevation ~rorle"', and Gu~~arized the reasonable costs for this job at a total cost
of 15·SS.
i!r. Corchranc pre~ented the Council with a copy of the contract siGned by !.l:'. Stoc::~'¡ell
to pay ">3:1 an 1:'0111 plus r:JD.teria.ls for t!1e job. The materials came to ~2l5, "thich includes
t~e cost of both .he 4-i~ch and 6-inch pipe, as the 4-irrch pipe could not be salvaGed
when it was removed. }:r. Stock;:ell explainGd he ma.de this agreement after the problem
~aG discovered and it was nocess~ry to Got these people hoo}~ed up to the sanitary se~cr.
Pe~ular City Council 1feetin~
Septêr!ber h, lq77 - r~inutes
Pa"e h
(Stub Location Pepo~t, Continued)
":'8. "'.f()reen TIutalla I 13)45 .Tonquil, ~o~eowner of the project in question - explained they
'hired "tr. Corchrane to do the hookup; and when he sot to the point where it could not be
hooked up because somethi~g was wrong, s~e called the EnGineer, who said if the City was
at fault, the City ~ould nay the cost to have it done correctly. Upon inspectinG the
problem, /-fr. Stockwell told ~'s, 'Jutalla that the City is at fault and will pay to have it
corrected. It had to be dug up and done again. Also, when the house was oriGinally
chech::ed for elevation for t"!1e sanitary sewer, no measurements were taken nor was t~e
cleanout opened to ~easure depth. (r-:r. Stockwell explained that it is assumed the
basement was actually measured as actual ~easurements are recorded on their records, and
'he also eXTIlained tr.at the cleano1lts are not opened up as it becomes too costly to do
and t~~~s too m~c"!1 ti~e. Ue agreed that the Main was too high, He explained the point
is if bot~ ends had been onened un and ~easure~ents taken, the problem would have been
dir;C0v0rer1, so ~.t wouldn't have had to be done twice. Councilper son LachinsI~i explained
th~ 1)~oblem is t'1at ¡.or, Stockwell sign~d an ope'! ended contr:lct to correct the problem
an~ the amount Mr. ~orchrane is char~in~ the City to do it. l~r . Corchrane explained
the job was ori£';inally 'bir1 for ~ han.rs, which vIas paid for '0J' t1r. an:::l l!rs. Butalla..
POQ.'er Bl1talla, 13)US .Tonollil - explained that he reviewed the installation with !.;r,
Gorchrane beca11se there was SQ!je concern about there being enough pitch. They physically
opened up between t~e house and the ~ain to shoot the elevations; and they had about 9
inches of r1rop on the 3itin~, which should have been enough to hook up. I-ir.. Corchrane
then exnlained that the stub co~in~ from the IT.2in at the property line was backpitching
four inches. At first he anc! 'T. Stockwell had thou~ht they could lower the Y at the
street; however, I rather- than being put in at a 45 degree angle as normally done,this
one was put in flat. In the discussio~ there was confusion as to whether or not the
'101e was dup; eXDosin~ both the house and main stubs -- "r. Stockwell didn't kno~ whether
tñis had been done or not, but felt if it had been, the pr8ble~ would have been determined
prior to any ni:pe. 'beinr; laid. !-T. and Hrs. Butalla and. Hr. Corchrane said this 'lias done.
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Hr. Stockwell couldn't rec~ll whet~er or not the main stub was backpitched or not.
~~. ~utalla ve~ítied that ¡T. ~orc'1rane worked on the project fo~ 5 days, IT. Corchrane
exnlained that t.e reason for the tiMe and cost involved is because of the long distance
involved (70 feetlfro~ t~e hous~ to the property line', the depth involved, the proble~
involved in rnovin~ sand w1ich cr2ates a biß~er hole, his ri~ wasn't quite bi0 enouGh so
he ~ad to s~ovel~tho. last foot and a half by hand because the ~round was Movins so fast,
nowe~ lines and elenr.one linn.s ~ere in the way by going across the street, when laying
nine at a critic~l de~ree like that, it takes about three tiMcS as long, and lookin3 for
t~e ~ain in the 1ent~r o~ the street, as t~G manhole coul~n't be found.
'-~,s. T1ntalla st''3.t~d t'1at not onl'r did he !1ave to ß0 the great dista~ce from the house to
t'1e ed~e of th~ nrorerty line, but beyo'!d the fence about 10 feet and then across the
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street to t~e ~ain line; a~ountint, to twice than what he originally thought had to be done.
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(¡~, Stockwell stated the additional distance has been figured into his estimQte of the
I
reasonable cost to the ~ity. ;His ~aterial's cost figure shO~G the difference between
t'l1.e t":;-inch and l~...!inch -:Ji 1"':8; whereas ~~. ~orc!1rane I s s ta te~ent includes bot!! nipes since
I ' ~
tr.e 4-i:lch pipe C,rmld not be .salvaGed.) ~·~r. Gorchrane explair..ed that he usually grosses
about t¡2,50(1 to -;~,nn() a ~·lee~;:. T:J.e week he did ~~Y'. 5utalla's job, he ß'rossed only 11,500--
so he lost Money I Y bein,~ out there.
Attorney uawkins rtated the cont~act does ~rovide for ~aying ~39 an hour, but the City's
resron~ibility is to pay for only the reasonable amount of time it takes to make the
corrections, C:ouncilperson Lac,Ünski stated the :l!!lount of tine it took !~, Gorchrane to
do the correction see~S to be justified; r..ovl9ver, he folt the City iG liable up to the
TIoint where 1fr. ~o~c~rQ~e could have reasonably td~en care of the problem in t~e proper
Pep;'.tlar ~i ty ~ou!lc:il Feeting
Se"9tembe"" 6, 1977 - !"!inu tes
Pa,'''e 7
(Stuò Locntion Peport, Contim,ed)
nrocednre. He Q'le3tioneiÌ t^at since mKDA is contracted to do toe inspection on the
late!':11s and stn'hs, are t~ey responsible -:n the case 'where the stub h:~.d a bacl:pitch on
it. If it Ct1TI 'l--)e rieter!'1lined t1r:at there Vl~S bac1:pitch ,~nd '::'K1J.'l \'Jas re3ponsible, they
should pay th,t n0rtion or t~e bill. r·Tr. stock'Nel1 stated that ~le didn't k!lOVl whether
or nnt th~ stub ~ad bacvf4}l; ~ut he wouldn't have a problem for beinG responsible for
a reasona~le þart of t~e bill, more than anythin~, just to get it settled. Discussion
was on hm', the nortio::1 of' t'he cost should be all'lcctted.
To"" C'r¡erY1ey. Ih04q ,:aven - stated that ~e'8 concerned about the reputatio!l Andover has
in deali~g ~it~ cant-actors, surveyors, etc. Here is an emergency w~ere the City 3aii
to ~ix it, and now thore's a dispute over the bill; or..e day he's just not going to
work tn A~dover any ~ore. ~hcre are surveyors that wo~'t work in Andover because of tte
"monkeybu8iness" it takes to get thinßs done and to get paid. He felt the City ~ust be
very careful not to destroy the contractor's ability to co~e in Andover to worl~.
V~ i;orc1:raYle explai_ned 1.8 spant over a day and a }~alf in another ]il.ace looking for a stub
rather than cOMin~ to the City, and stated from now on, every time he hGS a problem he'll
shut clovm and charße to f,'Gt the ins,!,ectoY' out.
".v·~TI(17'T by VanderI1<-"3.an, Seconded by LachinGki, that the City Council ~ake payment to
Corchrane Plurlbing- '".:ompany "in t'1e Q.:::ro'lnt of ~53r9.0f) for the reinstallation of sanitary
sewer service at 13345 ,Tonquil; th2t as verbally a~~eed by r~. 3t0cl':\'!ell, 'roltz, '!tinC,
~ëvall" an~ Ande~son, Day to Corctr~ne rylumbing ~500; and that the m1tter be settlod on .
tho contin~ency that Corchrane Plu~binG provide a lien waiver to tho property ow~~~__U'~ .
,
.J
representin~ full settle~ent of the account. (See Pesolution 2102-7) r~tion ca ied
unanir.1Ously.
W11T1!(yr-: 'hy VanderLaan, t:)econded 'hy "c'::lure, that Ite;;1s 5e, 5g, 511, 6a, 6c, 7a, ar.d IDe
only b~ ~a~~led this evening and that the City Council call a Special 0:eetinf, for
Sente':1bcr ~, ':hur'sdê1Y, 7:30 P.M., at the Andover 8'ity Pall.
VO",";' NT ~,~n"''''(Y'T. lr'!:",s_',r"'t"'ll1r..' nrtt-::'l Va"'derT aan :"indschi tl; HO-Lachinski
1 , '. _'... I~" .'v,' "." ~, - ., ,
uotton c:1.rried. \
'Drel iJ',inary '?lat - Haw!: ?idr;e -:-:states
Larry Retzlaff, 8hair~an of the Pla~nin~ and Zoning Co~mission, stated the Planning and
Zoni~~ Co~~ission reco~~ended a~proval of the Preliminary Plát and explained that two
exceptions to Ordinance 8 on lot froTIta~es were recorn~ended to be made to preserve the
natural topoGra~hy of the area. The lar~est exception would be en Block 4, lots 9, 10
and 11. They are on a cuI de Gac and tr.e lots are considerably under the front footage.
IT. Retzlaff stated on 177th Lane, the natur'3.1 extension was discussed in that it could
be !?!ade to t:18 \'loot; but iYl keepinß' ,'lith current trends, we're tryinG to localize traffic
as much aG possible rather t}¡an r.!a~ÜnG vast thoroughfares. The developer ~roposed puttinG
iYl the c111 de sac, and the Cot~ission felt it was an acceptable feature.
T,ar.':":V Carlson, develoner - explained te reviewed this thoroughly wit!} the 'Snß'ineer,
W10 notnted out there is a real road-building problem to get the road over the knoll at
toe end of woat would be the natural exten.'Jio~ of 177th Lane. ~~. Stockwell a6reed the
'Jroblern of buildinp,- a road wi th that ~~ind of steep slope is !lot advantageous. He also
fel tit VIas desirable to avoid a considerable ~1ur;¡ber of throuGh streets and creatins
only on9 "collector" street throu~h the center of the develo?~ent, thereby r~duçing the
vollJme on the ~inor streets. This in a Co~~on feature in Eany co~munities __ to avoid
fa.st-r.'Jovinp, traff.ic throufj'h the A.ddi tion.
'Qe,O;1l1ar City Council ~'~eeting
SepteJ'!'lber is, 1 Q77 - !!inll tes
Pa~f! 8
(Preliminary Plat - P"awk ~idge Estates, Continued)
!·~O~JO"'T by Lac~i:nski, Seconded by Orttel, that the C:ity Council, City of An~over, approve
the ?~elirlin'lry 'Plat of EawI>;: Rirlc;8 bein~ in com:plian,~e with existiw,: Ordinances with
the following exceptions: ~xce~tion3 ~re noted on Ordinance 8, Section 6.02 -- lot
frontage on Bloc1,;: 4, Lata 9, 10, and 11; and on Ordinance No.8, Sub. Sec. AAA a~d ~~ -
Block 1, Lots 1 and 3; Block 3, Lot 6; Block 4, Lots 4 and 6; 310ck 5, Lots 1 and 6.
On thÐse lots, the house frontap;e would have to be on the lO'1gest str3et frontage. (See
Pèsolution ~lO3-?)
vo~"?' n"T r~OTIO~T: YES-TJachinski, Orttel, ]'~cClure, ',',findschitl; I!O-VanderLaan
1~otion carried.
CouncilTIerson VanderLaan stated ttat the allo~ance of tn.e ~reat number 0f sub-standard
lots in t~is ?lat is of concern to her.
1,f..... (jarlson st,:'.te~ w1en a þ~:rase is used such as a substandard lot, that .c;i ves the
"'¡' .
inclination that, it is !1l)t a good or a:;proper lot, w~en it isn't necessa~ily the case.
A variance can be ò0th b'3tter for an area or it can be detriMental. In this case, ,,-
,"J." .
~~rlson ~elt ve~y st!"on~lY that it is ~n ir.1prove~ent to the area.
Ti'inal 1'jV~t - Cro::;1,,:'?d J,al:,~ :'ldrii tion
~r. Pobort D~Ga!"dner, develo-per, stated the park fees have not yet been paid, Attorney
T~wkins stated he had not received a copy of the final plat or an updated ab3tract to
t'h.e nroperty. Title opinions are required by the City on ~ll plats. Discussion was on
whether t18 land to he used ultiMately for a stor~ sewer po~ding area be called an outlot,
Lot 12, or be a dedication to the ~ity of Andover. }~. Stockwell anticipated that there
will ~e a considerablo c~an~e in elevation w~en it becomes a starr.1 sewer holding pond.
It WJS Mr. DeGardncr's desire, and !~. ~awkins agreed, that this area be dedicated as
a "oldin~ pond and be indicated a3 such on tho plat.
1
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T':O'11TO~T by Ia.chinsj::i ,"Seconded by ~~cS'lure, that tho City Council, S'ity of Andover, approve
the Final Plat oft the "attson/DeGardner Crookei Lake Addition conti~ßent upon the
procl1rin~ t~e satisfactory title opinion, p3ycent of ~ark dedication fees, and subject to
~rantinR a yondin~ area to the City. The plat as presented confor~s to the enGineering
and deGi~n standards of the City. 1!otion carried unanimously.
,\T),)T'1'Jn'T '1'n "n'i'Tn\T by Lachinski, Seconded by !¡cClure, to authorize the r~yor and Clerk to
Gi~n the ~inal Plat. (See ~esolution rylO4-7) !'~otion carried unanir.wuGly.
1Tari"~nce !ìenuest 1 r'. -Snad2enB~{e
"r. ~etzlaff reviéwed the ~lanning and Zontn~ jo~~iGsion'G rcco~~endation for approval
" HO n."".o T"" ". ,>. ,,,'CO', '00 0" "0 ",,, ,. " 'eo' ".. U", 0"' ,.,,,, "
t:;.0t:; acr~s.
!'r·HT"T¡""\~r 1:Jv rla::1derI, Gn, Seconded by ',"indsc!1itl, that the (jity Council, City of Andover,
atmrove the varié11ce re~uest for Wesley S~é1dr:ens1re as per the Planning and ZoninG
~o~~j"ssi0nI3 recol~endation dated Au~ust 17, 1977. (Co~~. #8-77-1). (See Resolution RI05-7)
Votion carried un~ni~ously~
Degular City Ijouneil HCGtinG
Sept°1'1òer 6, 1q77 - Hir..utcs
"ar,e:9
~nnd Sale - lq77 rMnrove~ent ~0n03
~,,1".. LJooert ?lllschcr, Sprinp;sted, Tne. , rep::-esentative, opened the followinG bids:
f'i n8r .Taff'rey; ~et interest cost, 1S49,G78.33; net interest rate; 5,5355 percent.
'1. ,T, Prescott; net interest cost, '.750,073,34; net interest rate, 5,5395 percent.
ni':tn~( "'~ort'11·.re8t; net intercst cost, 1530,303.33; net interest rate, 5,31+04 perc en t.
Ti'irst l!ational llan!o;: of St. Paul; net i~terest cost, ~51+5,584,17; net interest rate,
S .l~ o~¡.3 TJerc en t.
Vr. T'ul::-c',er statod this is tbe most bids the City has ever receivod on an issue; and
nasp.ñ on the current market, it is a Good bid and recoM~Gnded awarding the bid to the low
bidder, '13.:11,: If()rt1wle.st.
rmmrn"T by orttel, Seconded by T....-:tchinski, introducinG a Resolution awardinG the sale of
~7~0,000.0n General nàliGation I1'1rrove1'1ent Bond for 1977 fixing their form and specifications,
directin~ their execution and delivery, and providing for their payment, and the bid of
".anl, '!orthl'Jest to purchase the ~780,OOO General Obligation Improvement Bond for 1977 be
accepted at a net interest dollar cost of ~530,303.33 with a net interest rate of 5.3404
'Oercent. (See ~esolution TIlo6-7) Votion carried unani~ously. r.~. Pulsc?ler cornr;¡ented
a re-ev<11uation by Voody indicated that if the current valuation trend and buildinG
activity in Andover continues as it ha.s in the last couple years, they project that the
next time they could raise the ratin~ to <1 ~AAl.
~raffic Stud-' ~esolution
1 introducing the Pesolution acreeing to partici-
!,~ryrI(rT by Lachin~ki, Seconded by ~cGlure, n~te in a project for correcting regulatory and warning sign deficiencies otherwise }:no~n
as roadway ni~nsl Discussion: The cot'1pletion date to be rtet is Decet1ber 31, 1978. ~·:s.
I,índauist stated Ithe r1ajority of the work, includin~ the inventory, haG been completed.
These are sí~ns ~hat would normally have to be installed. ~':otion carried unanimously.
Award mractor ~iJ.s
Pr. (nen 170l';e1'8 cIOr1r:ented on the bids received and stated the low bidder would follow
t'h....Ol1!!':, on the l'la:rrant~r ',vor~:. Parts vlould be -::rovided on the flail mO\'ler, but labor
, . .
would not; however, in checkinf, into the ~atter further, it is e8ti~ated that the most
,
labrn" would cost to InO(). ~~r. L.>o.çers also explained the use of the tractor and the equip-
1'1ent included in toe bid (sickle bar, flail ~ower independently operated, re~ovable roll
bars on tOD, froTIt end loader). J-'!ayor '~'rindschitl cOI':1mented that such a tractor is a must
to be ta~;ing cal"e[ of our ~·..ced control ordinance as people are 100kinß at the City telling
us to take ca~e 0t the boulevards and !J~pcrty first before complainin~ about private
nroDerty. 30th th ParI:s Department and the :road Imprnyernent Cor!!'~i ttee has indicated the
costs should be stared on a 50-50 basis because theutûizat~on will be 50-50, Storace
for the tracto~ his not yet been deter~ined, nor has the availability of eas.
I
POTTOT: by Iachins1fi, Seconded by Ì'TcClure, that the City Council, City of Andover, acknowledße
~eceipts of òids ~or the tractor f~o~ Ande~son and Koch, Inc., in the <1~ount of ~12,563,OO;
L J!~ Z Cor.:pany, :'1 ,913.73; A E: rr Industrial Tractors, $14,l~62.00;1 r-;idway Tractor Company,
113,963.00; and V,11cy Equipment Co~pany, ~14,90l.00; and award the bid to Anderson and
Koch, Inc" as 10\T àidde~ in the a~ount of ~12,563,OO, (See I'esolution RI07-7) ¡:otion
carried unanimously.
Pep;'111ar- City r.oHncil !Teetinr,-
S el)"te~ber r;, 1977 - !rinutes
ra~e 10
Assessment Hearin~ D~te - 1977-1 StreetslStor~ Sewers
:,·n";:1IO~J' 'by 'tandcrLaan, Seconded by Orttel, Gettin~ the Public Headng on the proposed
a8sessr.J.ent for 8trcet and storm sewers i11 the Red OQks and :·Torthwoods Addition, known
as IMprove~ent 1977-1, (See TIeGo1ution P107A-7 setting date for Hoarin~ for SepteMber 29,
7:30 1),",. "t the Andover City !Iall) J.!otion carried ul1ani:r.rously.
~·!nr:Io"': by ilfl!1do!'Larm, ,3econded by Crttel, to "djourn, l!otion carried unani:r.1ous1y.
:·~eeting adjourned at 11:03 P.r.1.
~e8nectfu11y sub~itted,
~Î~~" ~ ~~~~(:~
!-:;o'tr ßlla A. ~cach --.
Pecordín~ Sec~etary 1~)~1
fL
/
0,)"
ciJf