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HomeMy WebLinkAboutCC April 3, 1979 ~ o¡ ~~.jDOVER REGULAR CITY COUNCI L MEETING-APRIL 3, 1979 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings - None 5. Legal and Engineering a. Oakwood Terrace -Preliminary Plat b. North Birch Creek Estates - Preliminary Plat c. Final Plans and Specifications - 159th Avenue NW d. Change Order - Public Services Building e. Developer Installation of Improvements - Hane f. Road Location - DeGardner g. 167th Lane CuI de Sac h. 6. Ordinances and Resolutions a. Ordinance 10D_Park Dedication b. Ordinance 2B-Malt Liquor c. Ordinance 8E-Zoning Map 7. Petitions, Requestions, Communications a. 8. Reports of Boards, Committees, Commissions 9. Old Business 10. New Business a. Snow Conference -Sowada b. Certification School-Lindquist 11. Approval of Claims 12. Approval of Minutes 13. Adjournment , ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 3, 1979 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on April 3, 1979, 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson; Planning and Zoning Chairperson, d'Arcy Bosell; City Clerk, P. K. Lindquist; and others Resident Forum Forest Cerny, 15934 Xenia - with a group of people to petition the City to do some- thlng about the streets ln an area bounded by Round Lake Boulevard and Seventh Avenue north of County Road 20. Every road in that area is a complete disaster. The grader went through today, and it didn't help any. Within one day they surveyed most people in the area. Most were in favor of doing something except those who were extremely cost-conscious and don't want anything done. Xenia Street is the worst. Dan Janiga, 15950 Xenia - has been a resident for 6 years. In the last three weeks he's had two calls to the emergency room, but he hasn't been able to get out of the driveway quickly. He's frustrated because of that, but would like the dirt roads even if there was class 5 on them. He asked whether there is a commitment by the City to put class 5 on all the roads in the City. The petition is for bituminous roads, but if there is a commitment to put class 5, he'd like to know. Who decides which streets are done and on what basis is that decided? Mayor Windschitl explained that any improvements done in residential areas are done on an assessment basis to individual landowner~ and he explained the laws relative to holding public hearings and the procedures followed for improvements projects as has been done in the past. It was felt that the project could be completed this construction season if the process would begin right away. He also explained that the Road Committee has a five-year improvement program relative to upgrading roads with class 5. Priorities are set doing the worst roads first. We've tried to do maintenance on through streets first, but this is only maintenance and is not being assessed. In no case do we go into residential neighborhoods and put class 5 on the entire streets without it being assessed back. Mr. Janiga - stated the street they are most concerned about is Xenia, as it is the heaviest traveled. On the second petition, some people weren't concerned whether we could go class 5 because they heard there was a major upgrade, but the streets are so bad they would settle for class 5. There were a lot of people who would not sign because they didn't want blocktop, but everyone was in favor of wanting gravel. He presumed the road would be built up with ditches for drainage in the whole area. Also a lot of people are concerned that once the tar roads are in, they would be torn up again for installation of sanitary sewer. Discussion was that there are problems with putting class 5 on the road because of the dust and the washboard affect. The Council would consider whatever the petition requests. The road would be ditched or piped for drainage. Realistically, there is almost no chance of getting sanitary sewer into that area as it is simply a capacity problem. The plans of the Waste Water Commission was explained relative to the proposed plans for Andover. The residents were also informed that the history on the Council has been that it takes at least 50 percent or better of the residents favoring the project before it is approved. It was also noted that Tulip was scheduled for improvement last year with about three inches of class 5 gravel. The criteria for road maintenance is looking mainly where the ~ . Regular City Council Meeting April 3, 1979 - Minutes Page 2 (Resident Forum, Continued) traffic is, the shape of the roads, and so that people don't have to travel more than a half mile on a sand/dirt road. The Road Committee is meeting on April 9 at which time they will be trying to prioritize the 1979 gravel improvements in the City. Indications are that they will be wanting to carry through On the uncompleted programs set up last year, which would mean that it would be recommended that Tulip be improved. But this would not be the type of road that you could put blacktop on in the future, as only minimal grading and drainage is done. Getting the roads to the condition of putting the blacktop on costs almost as much as putting the blacktop on itself. In Stenquist Addition, the estimated cost is $11.51 per front foot, including drainage, a 32-foot wide street, bituminous surfacing, gravel base, etc; however, there are a lot of corner lots in that Addition, which does affect the front foot cost. The assessment policy relative to corner lots was also explained. Rodger Loberg, 15830 Xenia - is there a weight limit on these bituminous streets? He was told they are designed for 7-ton, but in the spring thaw they are normally posted for 4 or 5 ton. Mr. Janiga - is it legal in the State to put in bump structures to keep traffic speed down? He was told that there is no law that prohibits their installation, but the problem is the exposure to liability that the City has as a result of someone getting hurt, so most cities don't do it. There hasn't been many complaints on speed in areas that have been improved as stop signs, etc., have controlled it. Mr. Jani~a - stated they will take their petitions back and will make sure they get enough slgnatures. Charles Clemetson, 2858 172nd Avenue NW - had a complaint about the street/\~t~r~¥ttion with Round Lake Boulevard There is qUlte a bit of traffic at that intersection, and there are some very bad holes. The road itself is slightly higher than the blacktop. A dip has developed off of the blacktop going to the east off of County Road 9, and it has gotten to be a safety hazard. He felt a load of fill is needed to fill that dip. The Clerk was directed to have the Senior Public Works person inspect this tomorrow. Carroll Abbott, 2917 142nd Lane NW - reminded the Council of the damage to the blacktop on 142nd Lane last fall which was done by a contracting firm hooking up a sanitary sewer line. The Clerk noted the contractor is going to repair the damage. She will follow up on this. Mr. Abbott - wondered if there was any way the streets could be plowed earlier, as the snow packs and by spring there are deep ruts. He was told that one of the items on the Agenda is a recommendation from the Road Improvement Committee to buy another truck with a plow. Agenda Approval MOTION by Orttel, Seconded by Jacobson, the adoption of the Agenda as published with the following additions: Item 5i, MSAH Five-Year Plan; Item 6d, Road Construction Standards in Unplatted Areas; and Item lOc, Complaint - Rite Way-Auto Parts. Motion carried unanimously. Oakwood Estates Preliminary Plat Chairperson Bosell stated the Planning Commission looked at the location of the property in that the proposed roads would connect with those that would be constructed in Kadalac Addition so that the traffic has more than one ingress/egress in the area. The intention is that White Oaks Country Estates, which has only one access on 172nd, Regular City Council Meeting April 3, 1979 - Minutes Page 3 (Oakwood Estates Preliminary Plat, Continued) will have the potential to be opened up on 171st as it would intersect with Eidelweiss extending just to the north of the plat. The County Highway Department has approved the entrance onto Round Lake Boulevard; all lots are to front on interior streets; the opposition at the public hearing was not about the plat itself but in relation to the property to the north and its hardships due to its configuration; the Park Commission recommended accepting $3,000 in lieu of land; and two variances are recommended to be given dealing with the definition of lot front being the narrowest rather than the longest side of the lot. Discussion was on the Mayor's concern that Flora Street as proposed with a jog could create a traffic hazard. It was noted that the jog is 155 feet, which is more than what the Ordinance requires. The jog in Flora was done to allow that 20-acre strip to the north to be divided, as Flora is proposed to extend into that northern property and deadend in a cul de sac. Flora can never be extended any farther north than this northern property. Ernie Ruud- reviewed a map of the area showing where the roads are proposed to be constructed in the area surrounding the plat and how they tie together. It was pointed out that if Flora would not be constructed, that long 330-foot strip of property could only be divided into three lots. This way he can get five lots, each lot being approximately 2~ acres. This presents more of a hardship on the developer of Oakwood Estates, as it requires that he build more road; but it was felt it was orderly City planning to do it that way. Also, there can be no orderly extension of Eidelweiss to the north, as the development just north of the adjacent 20-acre parcel is a metes and bounds subdivision. The topography of Lot 1 of Block 5 is such that it needs to have some ponding area, and it also has a low spot. Moving Flora more to the west would result in two very large lots or two 2~-acre lots and one substandard lot. Flora worked out very nice this way with the jog. Discussion was on the lot shown in the lower lefthand corner of the plat. If this plat is done as proposed, that house would be only 10 feet away from the lot line. It was noted that that is an existing dwelling. Lots 1 and 2 of Block 2 on the plat are already an existing 5-acre parcel held by the owners of that dwelling, but it is being joined in the plat. There is one home on Lot 1 of Block 2 with some outbuildings on it. MOTION by Lachinski, Seconded by Jacobson, to enter a Resolution approving the Preliminary Plat of Oakwoods Estates in Section 9, Township 32, Range 24... (Reference to variances from the provisions of Ordinance No.8, Section ww and aaa, Lot Width) (See Resolution R22-9) Motion carried unanimously. North Birch Creek Estates Preliminary Plat Mike Gair, planner, representing the developer, reviewed the events of the last Council meeting. He had not received the information noted by the City Engineers (Reference TKDA letter of March 26, 1979, to Mayor and Council regarding general engineering, basement elevations and septic system requirements for developments). He has allowed himself to be guided by the judgments of the engineers and the applicant, who is also a contractor, as to the feasibility of the development. The plans as originally prepared and the reclamation of the area, from an engineering standpoint, can be accomplished. The building floor elevations will be of suitable elevations for human habitation; the septic systems will function; all land planning is within the City's Zoning Ordinances; and he felt that the plat can be built. Part of his rationale was to enhance the area with on-site ponding and to create some high-amenity lots for future homeowners. Councilman Jacobson stated that the Council was concerned about the high water tables and the amount of money it would take for the developer to put the lots in buildable condition; as in almost every lot 5~ feet of fill, over 200,000 cubic yards, would be Regular City Council Meeting April 3, 1979 - Minutes Page 4 (North Birch Creek Estates Preliminary Plat, Continued) required. If the City allows the developer to begin and he spends a half million dollars in the project and final plat approval is not given because he didn't meet the ordinances because of the water table, or whatever, Councilman Jacobson's concern was the possibility of the developer suing because we don't allow him to do the final plat. He felt the Council would look very strictly at his complying with the ordinances before giving final plat approval. Mr. Gair stated that the computations were done to be sure that each homesite would have the minimum of 39,000 square feet of area for the house and drain- fields. Mr. Klous has reviewed those plans, and as recently as tOday in a conversation with Mr. Klous, he is desiring to proceed with the implementation of the plans. Mr. Gair was told that compactable fill must be used -- sand or its equivalent. Mr. Gair stated that Mr. Klous has done some backhole testing in areas that he felt were representative conditions, and he feels confident that he can get this to work. And he realizes that in order to sell the homes, that it must be of suitable compacted material. And at the same time he realizes that he has to have a suitable perculation rate for the drainfields. He realizes these things and has taken these into account in making his determination to proceed with the project. Discussion was that there is a settlement factor on the fill. It was thought to be a minimum of one year before it could be built on. FHA and HUD require that a soils firm analyze the compaction in the house bench area. Another concern of the Council was over the possibility of contesting whether each individual lot is buildable, which is going to be very expensive. The Engineer recommended that the Building Official require that each building site be tested to determine the quality of the soil and that perculation tests be run on each site separately. This would add additional costs to the cost of the lots aside from the cost of the fill. The question was also raised as to what number of test holes at each building site must be done to insure that there is 5\ feet times 39,000 square feet or must the actual excavation be inspected on a daily basis to be sure that this was done correctly. Mr. Gair reassured the Council that Mr. Klous has been involved in the planning process and engineering. Mr. Klous is a contractor and works with earth excavation. If the Council wishes to require that he is directly responsible for each of those tests (perculation and compaction), Mr. Gair was sure that that would be acceptable. Engineer Davidson a9ain stated that if they do all of the things to meet code, that from an engineering standpoint it can be done. If there is an economic feasibility report to be done, perhaps they should do that. Mr. Davidson also explained the proposal is to control the drainage area by creating permanent ponds and overflow structures and to remove from those ponding areas suitable sand material for the house benches. There is anywhere from 6 inches to 3 feet of organic material that will have to be removed in the house bench area. He didn't believe that the contractor had tested the soil extensively in the area, as it was tested during the winter months. He further recommended that before a building is constructed on each lot that the house bench itself be soil tested to assure the Building Official that all of the organic soils are removed, the consolida- tion factor, the density of the material, and the perculation test where the absorption system would be located. If the material is placed as is proposed, he didn't think any of those things are going to be a problem. Attorney Hawkins felt that prior to final plat approval, under these circumstances, we could require that these things be done so that everything was completed before there were lots sold and building permits issued. Mr. Hawkins didn't think that the vested rights question would apply as he would have to comply entirely with the ordinance. We would have a contract with the developer spelling out exactly what has to be done. He also reminded the Council that the Supreme Court has said that the free market place is the determination as to whether or not it is economically feasible. Regular City Council Meeting April 3, 1979 - Minutes Page 5 (North Birch Creek Estates Preliminary Plat, Continued) Councilman Jacobson suggested that between now and the next Council meeting that our City Attorney and the developer and engineer draft a resolution which would legally cover all the points and all the concerns that both parties can agree upon to preclude any legal problems. He was concerned that in the final plat, if all parties don't agree, we could get caught in a lawsuit tangle. Mr. Gair felt it was in Mr. Klous' best interest to draft the necessary papers; and as an agent for the owner, he was willing to waive the 60-day requirement for two weeks. MOTION by Jacobson, Seconded by Orttel, that we delay action on North Birch Creek Estates Prellminary Plat to the next regularly scheduled council meeting to allow time for the City Attorney, Attorney for the developer and/or the developer and engineers to get together to draft a resolution for the City Council to act upon which will express legally all the concerns the Council has about the plat so that both the developer and the City know exactly where each other stands both legally and engineerin~wise in this plat. Motion carried unanimously. Final Plans and Specifications - 159th Avenue NW Engineer Davidson referenced the TKDA letter of March 22, 1979, relative to the 159th Avenue NW Street and Storm Sewer Project. He noted that the total estimated cost of the street and storm sewer is within $10 per lot of what was estimated at the hearing, so that doing this project separately from those in Stenquist Addition (assuming that is so ordered at the A~ril 17 hearing) is having no effect on the project cost. He proposed opening bids for this project on April 16, which will make actual prices available for the April 17 public hearing. Also, if the council chose to abandon the project on the remaining streets in Stenquist, it will have no effect on the 159th project. After beginning the detailed design of the project, it was found that the first option of all ditching was not a good choice, so they proposed the closed pipe on the south side of the road for storm sewer drainage. Mrs. Struwve, 4613 159th Avenue - stated there are 11 property owners along 159th which benefits about 70 to 80 people. She was concerned of a few people paying for a road to benefit so many, and then within 10 years they might be having to pay for a new road again because of it being so heavily traveled. Council discussion was that the life expectancy of most bituminous streets is about 20 to 25 years; and normally if the street would have to be replaced during that time, it would be done as a maintenance program and not assessed. The City is responsible fur maintenance. If during that time the road needs to be upgraded (for instance from a 7-ton to a 9-ton roa~, property owners would be given credit for the remaining years and would only be assessed the difference. If the road were totally unusable and needed to be replaced, the City can rebuild it and assess it providing the majority of the Council orders it in or there is a petition to rebuild the road. But we don't expect that to happen. We consider these streets to be permanent streets. Because they don't have curb and gutter, there is a tendency for the edges to ravel. The City is responsible for maintaining and patching the edges and for sealcoating. Mrs. Struwve - asked how the road will line up with her driveway. Mr. Davidson stated that generally the road is going to be raised from its present location, building ditches on both sides. Lots on the south sides are generally higher than those on the north. Their driveway would be built to match the road. There will be a ditch in front of all lots, culverts under the driveways, driveways built to match the street, and all water will be dispersed down the ditch, which generally runs to the east to the creek. They will be putting in pipes through the area of the hill from Makah to the creek. It was also explained that the storm sewer assessment is against the entire area contributing to it; the road is assessed against abutting property owners. Storm sewer assessments are approximately three cents a square foot, and the street surface is approximately $11.50 per front foot. Regular City Council Meeting April 3, 1979 - Minutes Page 6 (Final Plans and Specifications - 159th Avenue NW, continued) Mrs. Struwve - felt that she is benefiting less from the road than the majority of people uSlng the road. She asked why the City never helps pay for main road improvements. Discussion was that there are designated thoroughfare streets where State Aid monies are used for assistance and which are not typically assessed to the property owners; however, 159th does not qualify as a thoroughfare-type road. By doing just this project or doing all of Stenquist, it appears that the cost per foot is exactly the same. It was also explained that assessing everyone in the area for this project would, in effect, result in assessing some people twice; as when their streets are done, they'd have to be assessed for their own street as well. MOTION by Peach, Seconded by Orttel, introducing a Resolution accepting Final Plans and Specifications and directing the City Clerk to advertise for public bids for the improvement of bituminous streets and storm drainage for 159th Avenue Northwest from Makah Street to Roanoke Street in Section 18, Township 32, Range 24 ... (See Resolution R23-9) Motion carried unanimously. Change Order -- Public Services Building Councilman Peach reported on the request from the contractor on the electric power to the Public Services Building. We are going to ask Anoka Electric to supply power with a transformer on a pole and underground service to the building, which would be the least expensive way of doing it and cut almost all contractor's costs. Another change order request asked for by the Building Committee is for the installation of rough-in plumbing to the meeting room so we can later add a sink, which was deleted to keep costs down. MOTION by Peach, Seconded by Orttel, that the City Council authorize the change order relating to rough-in plumbing to the meeting room including hot and cold as well as drain, stubs only, for $135 on the Public Services Building. Discussion: The deletion for this was $700, but at some future date it is hoped the addition of a sink, cabinet, etc., could be added rather inexpensively. If this rough-in is not added now, when the sink is added, holes will have to be cut, etc., making it quite expensive to do. Motion carried unanimously. MOTION by Peach, Seconded by Orttel, to accept the insulation of water well line at no charge. Motion carried unanimously. Engineer Davidson reported that TKDA has done the 50 percent inspection and reviewed the entire project. They found cracks in the prefab panels by the personnel door in the southwest corner of the structure, and he recommended the structural engineer look at it to make sure there is no structural problem. He will have that inspection made if there is no objection. There are chipped corners and a number of cracks on a number of panels, and it was felt this was a result of being knocked around in the installation phase. If there is no structural problem, the only problem to be addressed is that of asthetics. TKDA basically agrees with the quantities of work done by the 25th of the month. The next inspection by the building division will be at 100 percent completion. Either he or Dave Pillatzke will make interim checks at the monthly pay period. It was generally agreed to have TKDA look at the structural soundness¡aRgve the Building Committee make a recommendation to the City Council as to what to do about the cracked panels. Recess at 9:07; reconvene at 9:18 p.m. Regular City Council Meeting April 3, 1979 - Minutes Page 7 Developer Installation of Improvements - Hane Jim Hane, developer of Cunningham Addition, requested he be allowed to install the sanitary sewer in 140th Circle of Cunningham Addition. Points of discussion were that allowing a developer to do his own installation of sanitary sewer and/or water would seem to be no different than allowing him to construct his own roads in a development except for the design considerations; whether the City Engineers should be doing the plans and specifications or whether to allow the developer's Engineers to do the plans and specs and have the City Engineer review them for conformance which would mean double engineering costs for the developer; and inspections would be done by the engineering firm just as on other City projects. It was Mr. Hane's preference to have his own engineer prepare the plans and specs; have TKDA review them for con- formance; he would bid out the actual construction; and the inspections would also be done by the City's engineering firm. Mr. Davidson noted the problem with allowing a developer to install the improvements is that they have no control over his contractor. The only control they have is review and approval. He felt allowing the developer do his own installation puts TKDA in a bad situation in that they have no control over some of the materials used, quality, etc., which can cause difficulties; and he frankly would rather not be in that position. He'd rather there be a contract where TKDA would do the engineering and be responsible for it; however, they will be glad to act as the City's agent. He felt they could work up some guidelines, a standardized list, for developers to use. The Council also felt it was mandatory that the City engineering firm handle the trunk lines. Mr. Davidson was directed to draft a City policy to allow the installation of improvements to be done either under the supervision and review of the City engineers or designed by the City. Notation should be made changing a provision set forth in the Public Improvements Financing adopted April, 1977, as that does dictate that the City install and design such improvements. It was felt that that section is fine for the trunk lines but should be revised to say "reviewed and approved" by the City for the laterals. He is to review the water system as well and make changes to that financing policy. There may also be some Ordinance changes of private developers cutting into present City systems. This will be on the next City Council Agenda. Road Location - DeGardner Because there was no new information from the developer, general consensus was to drop it from the Agenda until it is requested to be added again. National Flood Insurance Program (Reference Letter of February 19, 1979, from City of Roseau relative to Flood Plain Management Legislation) Discussion noted that Andover, in effect, has three feet of freeboard as it is required in our Ordinances. General consensus was to acknowledge the letter, telling them that it really doesn't apply to our City. MSAH Five-Year Plan Engineer Davidson reviewed the TKDA letter of March 26, 1979, relative to the 1979' Municipal State Aid Projects of the Prairie Road Bridge Approaches and Hanson Boulevard from County Road 116 to CSAH No. 18. Discussion was that a house has been built just south of Andover Boulevard east of the powerline where Hanson is anticipated to be constructed. The latest County plan is that Hanson will be run up to County 18 in the vacinity of Nightengale, as the object is to create a north-south thoroughfare through the City. Discussion was also on the alignment and land acquisition problems just north of Bunker Lake Boulevard and on finding out what the County would be paying for right of way acquisition if they were acquiring it. Regular City Council Meeting April 3, 1979 - Minutes Page 8 (MSAH Five-Year Plan, Continued) The City map of MSAH-designated roadways was discussed relative to whether or not these roads are really intended to be constructed. The Engineer stated that those lines aren't etched in granit. For the time being the concept is here, but the road doesn't necessarily have to be built exactly on that line. It was noted that there are some lines on the map where it would be physically impossible to build a road in order to comply with the State Aid requirements and possibly the entire system should re re-evaluated. MOTION by Jacobson, Seconded by Lachinski, that the 1979 Municipal State Aid Projects in the Clty of Andover be the following: 1) Prairie Road - Bridge Approach, approximately .35 miles which will consist of acquisition of right of way, the design and construction of gravel surfaced approaches and demolition and removal of existing bridge. 2) Hanson Boulevard from County Road 116 to CSAH No. 18, approximately 1.94 miles, preparation of right-of-way map for approval and acquisition of property. Motion carried unanimously. p & Z Chairperson Bosell explained that a proposed preliminary plat of Country View Estates borders the designated MSAH Road No. 104. The plat of Hawk Ridge has already violated that plan. If this road were to be constructed, it would create butt lots through Hawk Ridge and Verdin Acres. She asked the Council's position relative to the construction of MSAH 104 as designated and whether the developer of Country View Estates should be required to dedicate the 60 feet right of way needed for MSAH roadways. Relative to whether we can require the developer to dedicate excess land, Attorney Hawkins stated that usually there is a procedure of adopting an official street map prior to the dedication of excess right of ways. There is the question of making allowance for park dedication and the question of requiring dedication for something that would be a community project. Mr. Hawkins has never seen any decisions under the Municipal Planning Act that would place any limitations on the City's authority to require dedication of streets, but there has to be some real intentions for building the road. General feeling of the Council was that MSAH 104 will never be built as it physically cannot be built through that area; therefore, the dedication from the preliminary plat of Country View Estates is not necessary. Ordinance No. 10D - Park Dedication Questions, comments, and suggested changes by the Council were as follows: Section 9.07.7: 5 lines down. It was asked what developer will ever chose to dedicate ln excess of the land required. What right do we have to hold it up1 Wes Mand, Park Board Chairman, explained this would give the City an additional 60 days to consider acquiring additional land if desired (for fire station, public works building, schools, or whatever). The current Ordinance reads 90 days. The Ordinance states: ...under the official map or Comprehensive Park Development Plan... It has to be on an official map or Comprehensive Plan to begin with, which dictates what the excess land will be used for. Attorney Hawkins stated the State law reads the Council must act within 60 days of the public hearing; and that in his letter to the Planning Commission he stated that this provision appears to conflict with the State Law. He recommended revising that section to comply with the 60-day requirement. He felt this should be worked in entirely within that 60-day period as required by Statute. As long as the land is shown to be desired on a map or comprehensive plan, etc., he felt it would be caught during the sketch plan stage and there would be enough time to act upon it. It was generally agreed that this section should be eliminated from the Ordinance. Section 9.07.3: questioned the meaning of the first sentence. Attorney Hawkins assumed they are talking about whether high or low land is desired within the 10 percent re- quirement. Discussion was that the Park Commission can ask for specific location for the park in any given plat; that the Comprehensive Park Plan is a guideline as to where parks should be located within the City; and questioned what does a developer do in the interim until a Comprehensive Park Plan is designed showing exact location of each park Regular City Council Meeting April 3, 1979 - Minutes Page 9 (Ordinance No. 10D - Park Dedication) in any given area. Possibly the sentence should be reworded. Section 9.07.5: last two lines, suggested to be changed to: ...market value of the undeveloped land that would otherwise have been conveyed or dedicated. Section 9.07.6, a: suggested change to: ...may recommend as to market value. Section 9.07.6, bl and b2: combine the two sections and make it simplier to the effect that if you can't determlne what it should be, an appraiser that both parties can agree upon will make a determination that both parties will abide by. Section 9.07.8: fourth line: suggested adding: ...the land shall be in addition to (except for 9.07.9), and... Section 9.07.10: questioned whether a separate accounting fund and procedure is desirable as thlS would be a move to make the Park Board autonomous. Discussion was on the present accounting system for the Parks Department; Mr. Mand's concern is that we can't accumulate funds for land acquisition; park funds do not show payment for special assessments; that dedicated park funds are not set aside for land acquisition although that money is kept in a separate account and used for park purposes; the problem now is that that money gets used up for land development and equipment purchases first before the budget money is used; any money from the budget not used at the end of the year is referred back to the general fund, so money is never accumulated for land acquisition. Possibly it is a problem with rewording, not with the concept. Possibly it should be more general as to what these funds would be used for to be able to include special assessments. Also questioned if that section even belongs in the Ordinance. Section 9.07.12: add comma after "open space," on line two. Dwelling Units/Acre (Gross Density) means a condominium or apartment building that would have more than 5 apartments per acre of land, we would add 1 percent onto the park dedication requirement for each additional unit. Comments were that possibly there should be more categories such as 0-2 units; 2-4 units, etc, as it is felt that 5 units on one acre is too many units in a small area and not enough parkland is dedicated based on that formula. Under Requirement: should read for 6 - over Dwelling Units/Acre, add one (1) percent to dedication requirement... Suggested getting the formula from a neighboring community that has a lot of multiple unit dwellings for parkland dedication. Based on that formula, it is also conceivable that a developer would be made to dedicate 100 percent of his land for park purposes. Section 9.07.9: questioned if that section should be in there or why it is necessary to have lt ln there. MOTION by Jacobson, Seconded by Lachinski, that we refer the Ordinance No. 10D back to the Planning Commission and Park Board for further work. Motion carried unanimously. Ordinance No. 28 - Non-Intoxicating Malt Liquor Chairperson Bosell reviewed the Planning Commission's recommendation that no action be taken to amend the Ordinance relative to the distance from a Non-Intoxicating Malt Liquor On-Sale establishment to a church, inasmuch as nothing had been shown on the need for a change (Reference P & Z Minutes of March 13, 1979). Basically the conviction was that it should be 1,000 feet from both a school and a church, but nothing was received that would precipitate a change. The only neighboring community that has made a change is the City of Ham Lake. Discussion noted that another basic problem is defining what is a church because of the minor religions, etc. Attorney Hawkins felt the only way to make that determination would be from the IRS guidelines as to whether or not they qualify for a tax deduction. Another question raised is whether the distance is measured from the church structure or the property line. A possible way of avoiding some of these problems would be to set aside a separate liquor control zoning. Councilman Jacobson, who had originally requested the Ordinance change, stated he still personally would like Regular City Council Meeting April 3, 1979 - Minutes Page 10 (Ordinance No. 28 - Non-Intoxicating Malt Liquor, Continued) to see the change as a protection to the churches. He suggested dispensing with this for the present time; but if and when the City decides to issue licenses, that we again take the subject up and have the Ordinances changed for the correct controls prior to issuing licenses. Ordinance No. 8E - Zoning Map Chairperson Bosell stated the intention of the Planning Commission was to leave the industrial park as it is zoned. Also the NB portion on Seventh Avenue and Valley View Drive would remain the same. The intent is that those pieces of property that are presently platted either by metes and bounds or platting procedure would hold the zoning designation that they presently have (R-2 or R-3). The pieces of property that are set aside to be zoned R-2 or R-3 which are not presently platted are what we want reverted back to R-l. Mr. Hawkins stated that if everything outside the urban service area is rezoned to R-l, there are certain uses within R-2 and R-3 that you may want to continue and some lots may not meet the 60 percent requirement. In his proposed resolution, No.1 would provide that all parcels zoned R-2 and R-3 within a plat would be excepted from the rezoning and would retain the current zoning. No. 2 would cover parcels of record. This would except out lots from this zoning change which may have been in existence and were one acre in area and 165 feet in width. There was a question raised why this couldn't be changed to 1.5 acres and 180 feet in width, which would take care of the 60-percent requirement on 2\ acres, 300-foot frontage. Attorney Hawkins stated they had checked and didn't see any parcels that were more than 165 feet wide. It was also noted that if something should come up where they were excluded, they could be granted a variance and dealt with individually. Councilman Jacobson noted that Ordinance 8, 4.34, states we must let adjoining communities know and give them 30 days notice and that we shall notify by mail all affected property. Has this been done? It was noted that it was published in the paper and a public hearing was held, but it has not been sent to adjoining communities. Attorney Hawkins stated the State Law provides that for any rezoning change of over 5 acres of land, the individual property owners do not have to be given notice by mail and that pUblic notice is sufficient. It was Mayor Windschitl's opinion that there are not that many properties affected by this zoning change, and that it affects definable areas. There was confusions as to the number of properties affected by this rezoning change. It was noted that the Council has passed an Ordinance that doesn't allow platting of less than 2\ acres, which is what this rezoning is trying to accomplish as well. It was questioned if the rezoning is necessary as it only affects the use on that land. It was suggested that the individual lots that are to be rezoned to R-l should be specified and rezoned. Discussion was continued to the next Council meeting. Road Construction Standard in Unplatted Areas Attorney Hawkins explained this is relative to the City accepting roads outside of platted areas and the standards to be used. There are no standards to date, and the thought was to use the criteria in the Platting Ordinance pertaining to construction and design of roadways, which he referenced in Section 6, 9, and 10 of Ordinance No. 10. MOTION by Orttel, Seconded by Lachinski, introducing the Resolution requiring the compllance of construction standards, escrow deposits and the approval of the location and construction of any proposed City street located outside of plats... Discussion: Councilman Peach stated he has not finished preparing exceptions to this Resolution, but was concerned that the allowance of only a 500-foot cul de sac on 5- acre lots allows for only two lots on a cul de sac, or 1320-foot block lengths allows for only two 5-acre lots back to back. The lengths are an umecessary restriction for a 5-acre development, although he felt on 2\-acre lot developments this is desirable. Regular City Council Meeting April 3, 1979 - Minutes Page 11 (Road Construction Standard in Unplatted Areas, Continued) He did not feel it was necessary to put urban restrictions in rural areas. He didn't have any trouble with having restrictions on where the road should go or on road designs, but thought the nature of the lower density of larger lots solves some of the problems that the Ordinances were made to prevent. It was noted that frontage for 2~-acre lots are the same as for 5-acre lots and that these standards are desirable for future subdivision. MOTION by Peach, Seconded by Jacobson, to table the motion. Discussion: Councilman Jacobson was concerned with the references to Section 6, 9, and 10 of Ordinance 10 as he has not had a chance to reference them. Councilman Peach stated all he would be proposing is possible additions to cover any areas that are in conflict with existing ordinances. He felt the concept is a good one, but he didn't have all the material he needed at this time. It was noted that these Sections are just standard sections of an Ordinance that deal with streets; that it would be adopting the same as what is required for a platted street; and that block lengths and cul de sac lengths have been varied from in the past; and that Section 6 deals with requiring a rough sketch plan prior to accepting a road. The other Sections are street standards. VOTE ON MOTION TO TABLE: YES-Peach; NO-Jacobson, Lachinski, Orttel, Windschitl Motion failed. VOTE ON RESOLUTION: Motion carried unanimously (See Resolution R24-9) Cigarette, Malt Liquor Licenses - Tom Thumb Attorney Hawkins stated that the State Statute states we can regulate cigarette licenses, but by Ordinance. He is drafting an Ordinance for Council review. Councilman Jacobson questioned whether the proprietor had complied with the Ordinances relative to the issuance of the Non-Intoxicating Malt Liquor License. He noted that the application has an error, in that it statéd: ...pursuant to an Ordinance passed by the Coon Rapids City Council... He felt the applicant should be here to answer the number of questions that needed to be answered pursuant to the Ordinance. Things can change in a year's time. This also applies to the manager. The City Clerk noted she had done a verbal check relative to convictions, etc. It has been on two published agendas, which should give sufficient notice for residents to be heard. MOTION by Lachinski, Seconded by Orttel, to approve the Non-Intoxicating Malt Liquor License for Mr. Paul E. Bertils at 15825 Seventh Avenue NW for the year 1979. Discussion: It was generally felt that there were no substantial deviations from the Ordinance requirements. VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschitl; NO-Jacobson Motion carried. Park and Recreation Commission - Tennis Court Lighting Mr. Davidson referenced the TKDA letter of March 22, 1979, relative to the lighting system for the Northwoods tennis court, noting the bids would be awarded on April 17 with the project proposed to be completed on August 15, 1979. Councilman Jacobson wanted to see copies of the plans and specs prior to authorizing advertising for bids. Mr. Davidson stated the lighting system is designed to be an energy efficient system and the plans are the standard plans for tennis court lighting systems. Councilman Peach felt spending $14,000 for lighting a tennis court was an unnecessary expenditure. It was noted that approximately $6,000 of grant money has already been received for this project and that this is just rebidding the project from last year, as last year's bids came in too high. Regular City Council Meetlng April 3, 1979 - Minutes Page 12 (Park/Recreation Commission - Tennis Court Lighting, Continued) MOTION by Lachinski, Seconded by Jacobson, entering a Resolution approving plans and specifications and directing the City Clerk to advertise for bids for the installation of the lights for Northwoods Tennis Court as prepared by the City Clerk. VOTE ON MOTION: YES-Lachinski, Orttel, Windschitl; NO-Peach; ABSTAIN-Jacobson Motion carried. Park and Recreation Commission - Park Development Plans Chairman Mand requested development plans be prepared on selected park sites and is looking for a cost breakdown on this project. Mr. Davidson suggested that the Council authorize the Engineer to meet with the Park Board to define the work scope similiar to what was done with the Fire Department. Concern was expressed that the Engineer not do the detailed design as to where to place the swings, etc.; that TKDA could be used as a guide and for technical advise; that it should be done as professionally as possible; suggested the possibility of hiring students to design the sites. Mr. Mand was directed to select a specific park site to be developed and then check on the various costs to have the development plan done. Park/Recreation Commission - Summer School Program MOTION by Peach, Seconded by Orttel, that the City Council approve a 30-day Summer School program to run from June 11 to June 29 and July 9 to July 27, eliminating the week of July 4 due to poor past attendance. Motion carried unanimously. Park/Recreation Commission - Purchasing Parkland Chairman Mand requested authorization for the City Attorney to negotiate for two pieces of property on the north end of Crooked Lake to be purchased for parkland. These two 40-foot parcels are between two existing City park parcels. He explained that the two properties are listed with a realtor and estimated the properties could be purchased for approximately $80,000. Discussion was on whether or not the land was worth that much for park purposes or usable for the purposes it is intended to be used for; on additional costs for development of the property; and on financing alternatives. Mr. Mand was told to negotiate the best price to give the Council an idea of costs first and to find out the type of financing on the property and the balances. Then the Council will decide whether they should purchase the property and where money should come from. Volunteer Fire Department Fire Chief Bob Palmer noted they had a special drill on Saturday where they filled the trucks with water, making sure everything was working correctly, etc. Discussion noted that the only money budgeted for a well for use by the Fire Department is that at the building site. The monies to build the experimental well would probably come from the surplus funds. It was felt that this item and that of the truck purchase requested by the Road Improvement Committee should be referred to the Capital Improvement Committee. MOTION by Jacobson, Seconded by Peach, that we send both of those items to the Capital Improvement Committee (intending that to be the experimental gravity wells for the Fire Department and the Road Improvement Committee's request to purchase a single-axle dump truck with wing, sander, blade). Discussion: What had been done in the past is the CIP had reviewed and made recommendations on specific requests prior to receiving all requests for the year. After discussion, it was agreed that the Council should prioritize the use of the surplus funds. Councilmen Peach and Jacobson withdrew the Second and the Motion. Regular City Council Meeting April 3, 1979 - Minutes Page 13 (Volunteer Fire Department, Continued) MOTION by Orttel, Seconded by Lachinski, that we set April 19, 7:30, for a Special Meeting to decide the use of' the surplus funds. Motion carried unanimously. Chief Palmer noted that two City employees have joined the Fire Department. Because there is presently four people for day coverage, he requested any help anyone could give relative to recruiting firefighters for day coverage. He also reported that they will be having a house-burning drill on Saturday, April 7, on Seventh Avenue, about 1 o'clock. Chief Palmer also noted that about half of the fire calls are goin9 directly to Anoka at the present time. 8efore the end of the year, Andover residents will have to be trained to call the central communications number. By not calling central dispatch, Andover's response time is reduced, plus information is received by the AVFD third or fourth hand, which increases the chances of getting the wrong information. Discussion was on ways residents could be informed of which number to call. Central communications provides free stickers with the correct number that can be placed on the phone. Chief Palmer was directed to make some suggestions for the Council as to how to get these stickers to the residents. Chief Palmer also stated that in talking with the PCA, they were wondering if the Fire Department could be issuing fire permits or making recommendations. He would like to know what is going on and when and be able to put restrictions on it. He will in- vestigate this further with the Clerk. Snow Conference/Sowada Mayor Windschitl asked what is the City gaining by sending someone to this conference for three days, as he felt that possibly it was more for the management person. Councilman Peach felt that maybe some of this school would make him more proficient, as there were problems with the plowing this year. Just talking to people in his trade, he may learn tips that would be helpful. MOTION by Peach, Seconded by Lachinski, that the Council approve the Snow Plowing School for Senior Public Works Person for three days for a maximum of $70. Discussion: Mayor Windschitl stated in looking at the personnel situation, the work in the City is not getting done as we are short one person. Taking that into account and taking another three days off, he asked how we can afford it. Councilman Lachinski thought that this might be a good idea as no one from the City has ever attended this conference before; and allowing attendance this time doesn't necessarily dictate that he will have to go again next year. VOTE ON MOTION: YES-Lachinski, Peach; NO-Jacobson, Orttel, Windschitl Motion failed. Certification School/Lindquist The Clerk noted that to get her work accomplished, she usually works an extra 20 hours the week before and an extra 20 hours the following week of the Conference. She stated this is the cert·ification school and is more important than the convention in Florida in May (which the Council approved previously). The Council generally preferred this school over the Florida Convention. Ms. Lindquist explained that this is worth 50 credits towards her national certification and would then give her 96 credits (100 credits are needed for certification). She is still checking on the requirement that she must attend a national convention every three years for certification. She stated she would forfeit going to the national convention in Florida, which has already been approved, to attend this one if the Council desires. Regular City Council Meeting April 3, 1979 - Minutes Page 14 (Certification School/Lindquist, Continued) MOTION by Peach, Seconded by Jacobson, that the City Council authorize the City Clerk to attend the Certification School at the University of Minnesota, April 23 through 27, at a cost of $160 in lieu of the National School in Bal Harbour, Florida. Motion carried unanimously. Complaint -- Rite-Way Auto-E~rts MOTION by Jacobson, Seconded by Lachinski, that we give the complaint concerning the Rite-Way Auto Parts, 1741 Bunker Lake Road in Andover, to the Andover Building Official to investigate and require a written report back for the next regularly scheduled City Council meeting. Motion carried unanimously. Approval of Claims MOTION by Jacobson, Seconded by Orttel, that we approve Claims Check Number 2416 through 2435, deleting Check Number 2418 to the American Public Works Association in the amount of $70; amount of these Claims total $4,829; and Claim Number 274 in the Improvement Account Number 1978-2 in the amount of $116,482.59 to Bloomberg, Inc. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 12:40 a.m. ~ Respectfully s~ \\~ ~ 0-- t:J <tll'1\~¡ Marc lla A. Peach Recording Secretary