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HomeMy WebLinkAboutCC June 3, 1980 · ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 3, 1980 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearing - Street Improvement/Eide1weiss Street 5. Discussion Items a. Preliminary Plat/Andover West b. Preliminary Plat/Hawk Ridge East c. Variance/J. Keller d. Special Use Permit/Meadowcreek Christian School e. Rezoning/Rademacher f. Lot Split/Norman Valentine g. Acceptançe. /Go1denrod Street h. Housing Plan i. j. 6. Non-Discussion Items a. Ordinance No. 10 Amendment b. Ordinance No. 44/Junkyards c. Accept Petition/172nd Avenue d. e. 7. Reports of Commissions, Committees, Boards a. Planning & Zoning Commission b. Park & Recreation Commission c. Public Works d. Other Committees 8. Approval of Minutes 9. Approval of Claims 10. Adjournment ,.ry of ANDOVER i M E M 0 RAN 0 U M TO: MAYOR AND COUNCIL COPIES TO: ATTORNEY, ENGINEER, STAFF FROM: CITY CLERK/A. ADM. DATEo: MAY 28, 1980 REFERENCE: AGENDA INFORMATION - 6/3/80 Item No.3 - Agenda Approval The Developer has requested Item 5a (Andover West) be deleted. Item No.4 - Public Hearing (Street Improvement/Eide1weiss Street) You have received correspondence from the Attorney and City Engineer on this street. There is only 33' easement which has been maintained by the City for over 6 years; therefore, is a City street. Two property owners have frontage on this street; both have been notified of the hearing. A resolution is prepared ordering the improvement and requiring it be bid with 1980-1 and 1980-2. Item No. 5a - Preliminary Plat (Andover West) Deleted (See Item 3) Item No. 5b - Preliminary Plat (HawkRidge East) Attached is the Planning & Zoning Commissions's recommendation for approval. The Park Board is requesting cash in lieu of land; their reason being the large park area in Hawk Ridge West which is across Verdin Street from the Hawk Ridge East plat. The maximum distance for residents in Hawk Ridge East from parkland would be .5 miles; this is approximately the same as those residents in Hawk Ridge West. A resolution will be prepared granting approval and noting the exceptions and park dedication fee. Item No. 5c - Variance (J. Keller) Mr. Keller is having his existing garage relocated due to the construction of Round Lake Boulevard. He is requesting a variance to allow the construction of a new garage or moving of the existing garage to a location to the front of the principal structure. Ordinance No.8, Section 4.05(F) requires detached accessory buildings to be no closer to the front lot line than the principal structure. Due to topography it is not feasibi1e for Mr. Keller to place his garage to the side or rear of his house. A resolution is prepared granting approval and referring to P& Z recommendation. Item No. 5d - Special Use Permit (Meadowcreek Christian School) This is an amended Special Use Permit to allow the acceptance of additional students into the School. Attached are prior resolutions covering the establishment of the school and further enrollment requirements. No additional building construction is Agenda Information June 3, 1980 Page 2 Item No. 5d - Special Use Permit (Meadowcreek Christian School) continued required at this time as a result of the additional enrollment. A resolution is prepared granting approval, noting the added sewer user charges and connection charges to be paid. Item No. 5e - Rezoning/Rademacher Enclosed is a site plan for the Rademacher property on the corner of CSAH No. 9 and Bunker Lake Drive. Before the Developers proceed any further, they would like to discuss the proposal with the City Council and receive conceptual approval for the lay-out. Item No. 5f - Lot Split/Norman Valentine This item was discussed with Pastor Valentine at the time of the Eidelweiss Street Public Hearing for bituminous surfacing of that street. Two sewer stubs are located on the property; and the property will sufficiently support two lots pursuant to Ordinance No.8 (size requirements). No exceptions are required, however, a contingency is needed at this time inasmuch as the property still carries a Residentia1-1 Zoning. The property is being proposed to be rezoned to R-4 per the rezoning discussions and hearings of the past two mOnths. Park dedications have never been paid on any of this property as it is metes and bounds divisions of several years ago. It would be up to the City Council whether or not to require park dedication fees on both parcels per Ordinance No. 40, as amended. A resolution will be prepared. Item No. 5g - Acceptance (Goldenrod Street) The location of this street was ac cepted by the City Council for Christine Canfield. The road has now been constructed to meet City Standards. Attached is a letter from the City Engineer covering his inspection of this roadway. A resolution is prepared for Council approval of the street for designation as a City Street. Item No. 5h - Housing Plan This is the Housing Plan as part of the Comprehensive Development Plan. Attached is the Planning and Zoning Commission recommendation for approval. You have all received copies of the Plan, dated November, 1979 (green book). A motion should , be made for approval, noting that all changes in the CDP are to be incorporated into the Housing Plan. Item No. 6a - Ordinance No. 10 Amendment The proposed ordinance amendment is attached. This amendment corrects some administrative detail on plats. P&Z recommendation for approval, attached. Item No. 6b - Ordinance No. 44 Amendment (Junkyards) Attached is a recommended amendment for Ordinance No. 44. Through an oversight when the original resolution was adopted, we forgot to include the license period. Previously the period was through June 30, however, we are attempting to make all licenses due on January 1 of each year; the attached amendment will do this. In 1979 all licenses were made effective through June 30, 1980. Item No. 6c - Acceptance of Petition (172nd Avenue NW) A motion is needed adopting a resolution to accept the petition as containing in excess of 35% of the affected property owners requesting the improvement of Agenda Information June 3, 1980 Page 3 Item No. 6c - Acceptance of Petition (continued) bituminous streets. In a memo received earlier, you were informed that other petiions were expected . from other streets in the area; to-date none have been received. This will be placed on the June 17 Agenda for consideration on including other streets for the public hearing. Item No. 7a - Planning & Zoning Commission Report None received to-date Item No. 7b - Park & Recreation Commission Report Meadowood Park Eguipment - The Park Commission is requesting $3,000 for equipment for thlS park; wlth money to be taken from 1979 Surplus. You will note from the memo received last week, those surplus funds will be required for normal operating; therefore, this $3,000 will have to come from the Park Budget. Attached is a sheet showing the dollars the Park Commission has to work with in 1980. Hawk Ridge Park Lease - A motion is needed to approve this lease for the 1980 season. Mr. Linton has leased the park area for hay cutting since 1978. Staff/Equi~ment, etc. - The Park Commission and Public Works were requested to review thelr needs, etc. and report to the City Council at this meeting. Mr. Keller, if he is to remain on full time, has gone through the customary probationary period and should be given an increase at this time. He is now making $3.50 per hour. We have received approval for two CETA youths for 9 weeks this summer. Both the boys we had in 1979 will be here this year. Item 7c - Public Works This item should be discussed jointly with the Park Commission's request for staff/ equipment. Mr. Sowada has been requested to review his Budget for means by which some equipment may be secured. Item 7d - Other Committees One additional application has been received for membership on the HWaste Committee Item 8 - Approval of Minutes March 18, 20, 25, 27 April 1, 9, 15, 24, 29 May 1, 6, 8, 12, 15, 19, 20 Item No. 9 - Approval of Claims ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 3, 1980 tlINUTES The Regular Bi-Month1y Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on June 3, 1980, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Ortte1, Peach Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, Mark Schumacher; Planning and Zoning Commission Chairman, d'Arcy Bosell; Park and Recreation Commission Chairman, Wes Mand; City Clerk, P. K. Lindquist; and interested residents RESIDENT FORUM Dave Hahn, corner of 174th and Blackfoot - reviewed the problems he has had on that corner relatlve to drainage and some of the corrective measures the City has taken. He stated that the one problem has been solved with the installation of the pipe to the river, except he understands that the State Department is not happy with the looks of the pipe going to the river as it was applied for as a temporary situation. The road has been raised on his side of the street with the idea that the water would drain to the other side of the street, and it doesn't. He complained he still has water coming down his side of the street, down his driveway, and he has been unable to do anything with his front yard in the way of landscaping. The drainage pipe that was installed stops about half way into his yard and is filled with sand, putting sand into the grass. He also showed pictures to the Council on the water and sand problem On his property. Sand comes down Blackfoot from both directions, comes through the culvert and is also washing the ditch out. He admitted that the Class 5 in the area has helped considerably and the pipe to the river eliminated the standing water. Council discussion was on a solution to the drainage problem in this area, noting that a large amount of money has already gone into trying to alleviate the drainage problem on that corner; that with the revised street standards, there may be a possibility the residents would be more receptive to installing bituminous surfacing in the area; that a feasibility study for this areas has already been done and would only need to be updated, which the Engineer estimated could be done for $400 to $500; feeling that bituminous surfacing with drainage control would be the only permanent solution in this case. Council agreed to discuss initiating a street improvement project for this area under the 172nd Avenue Petition on the Agenda. AGENDA APPROVAL MOTION by Lachinski, Seconded by Peach, that we approve the Agenda as published with the following changes: Add Grade Crossings for Utilities on Round Lake Boulevard after Item No.4; and change Item 5a from Preliminary Plat/Andover West to Public Services Building; Add Item 5i, Cable Communications; and 5j, Aztec Street Problem. Motion carried unanimously. PUBLIC HEARING - STREET IMPROVEMENT/EIDELWEISS STREET No property owners affected by the project were present. Engineer Schumacher explained the feasibility report is for that short stretch of Eidelweiss Street NW easement north of 135th Lane, noting that the road easement is 33 feet in width and the City maintained approximately 25 feet of the roadway of sand and now Class 5 surface. He reviewed the feasibility report relative to right of way, easements, dr,ainage, and proposed improvement of 24-foot width street with two-foot grass shoulders, estimating a total project cost of $5,792, assessable front footage of 385 feet relating to a proposed assessment rate of $15.05 per front foot. He also Regular City Council Meeting June 3, 1980 - Minutes Page 2 (Public Hearing - Street Improvement/Eidelweiss Street, Continued) noted that the improvement of this street can be added as a change order to the 1980-1 Street and Drainage Improvement project that will be bid on June 13, 1980. Discussion was on a turnaround at the end of the street, which would require the acquisition of permanent easement for that purpose. It was noted at the present time the grader uses the driveway of Lot 11, Block 1, in LakeView Terrace for that purpose. Mr. Schumacher felt that if it is legally possible and agreeable with the resident to continue to turn around in that driveway, that it would be feasible to do so rather than construct a turnaround. Discussion was also on the drainage, noting that the intent is not to modify the existing drainage. The Engineer stated that there is a low area and there is a possibility that some of the residents may perceive that the blacktopping of the streets creates something that they are now unwilling to put up with. A question also arose as to the length of the proposed street. Mr. Schumacher stated that the road easement is shown to the north end of Lot 12; however, the road is in and maintained basically up to the end of Lot 11. It was suggested that the Engineer contact the property owners at the end of the road to see if anyone would be willing to dedicate property for a turnaround at the end of the roadway. MOTION by Lachinski, Seconded by Peach, entering a Resolution ordering the Improvement of Bituminous Streets for Eide1weiss Street between 135th Lane NW, north to its termination in Section 33, Township 32, Range 24... DISCUSSION: was on the length of the street, with the Clerk indicating that the Resolution should read approximately 320 feet to its termination. Engineer Schumacher indicated that his calculations from the center of 135th Lane was approximately 350 feet. It was also noted that the es- timated assessable front footage was based on 385 feet. Council agreed to postpone action on this Resolution until the June 9, 1980, Special Council Meeting, to allow time for the Engineer to clarify the confusion relative to the length of Eide1weiss and to determine whether or not the City owns the roadway along that portion of Lot 11. Councilmen Peach and Lachinski WITHDREW the Second and the Motion. GRADE CROSSINGS FOR UTILITIES ON ROUND LAKE BOULEVARD Paul Ruud and Bud Redenpenning represented the County of Anoka. Mr. Redenpenning noted that there have been several changes to the agreement since he met with Engineer John Davidson and Mayor Windschit1. He reviewed the Resolution noting that for the signalization of the intersection of Bunker Lake and Round Lake Boulevards, the proposed total cost is $80,000, witr Andover's share being $30,000, the City of Anoka's share of $10,000 and the County's share of $40,000. The connection of the lights and payment of the on-going power bill is written into the City of Anoka's contract; but that doesn't mean that they will not ask Andover to pay for a share as well. The majority of sanitary sewer pipe, watermain pipe, and oversizing storm drainage pipe is for future construction for the City of Andover. On the storm sewer pipe, Anoka County pays for the equivalent of a 15-inch pipe, and anything over that size is an obligation of the developer through the City of Andover. The total figure for the City of Andover is $111,588, of that $30,000 is signal and the remaining is either oversizing or getting ready for future sanitary sewer and water projects. The Round Lake Improvement Project is going to be let on the 17th, and Mr. Redenpenning indicated they would like to have the Resolution approved by Andover by that time. The Resolution also indicates that the County will not bill the City of Andover prior to 1981. Mayor Windschit1 noted that spreading payment over two years had been talked about, but there was a firm agreement that the County would not bill the City before 1981. MSAH funds can be used for the signalization. The remaining costs are all assessable costs to the benefitting properties. Regular City Council Meeting June 3, 1980 - Minutes Page 3 (Grade Crossings for Utilities on Round Lake Boulevard, Continued) Council discussion was that bonds for the Southwest Area Improvement Project will probably be sold this year so that money would be available for the City's portion of the costs; but questioned whether this should be approved prior to final determination of the scope of the Southwest Area Improvement project. Council agreed that the Resolution should be acted upon following the public hearing for the Southwest Area Improvement project on Monday, June 9; and that the grade approval forms for the Round Lake Boulevard Improvement project could be approved at that time as well. MOTION by Jacobson, Seconded by Lachinski, that we hold this Agreement and act on it On Monday, June 9, following the public hearing on the Southwest Area Improvements. Motion carried unanimously. PRELIMINARY PLAT/HAWK RIDGE EAST Chairman Bosell reviewed the Planning Commission's recommendation for approvaJ of Hawk Ridge East Preliminary Plat asnoted in the May 22, 1980, memo to Mayor and City Council. The only change is that the plat has been submitted to the Township of Oak Grove, and the developer has received a letter from the Township indicating that they have no objections with the plat. There was then a lengthy discussion relative to the street design within the plat itself, particularly as it relates to Swallow Street, Swallow Place, and Thrush Circle. Chairman Bosell stated that the Commission had addressed that, noted that between Swallow Place and Thrush Circle it was very low and would be costly to cOnstruct a road connecting them, plus quite a few trees would have to be removed. She acknowledged that the Road Committee and Public Works are not enthused about cu1 de sacs; but the Commission deliberated extensively on this issue and concluded that cu1 de sacs were the best use of the land, plus it is very desirable for residential purposes. Councilman Lachinski also questioned whether all areas that are needed to be filled to meet the 39,000 square-foot 6 feet above the water table requirement for sanitary sewer are shaded on the preliminary plat, especially questioning Lot 9 of Block 3. Engineer Schumacher didn't feel there would be a problem on that particular lot and that no shading was necessary. It was later discovered that he had been misinterpreting the ordinance by using the requirement of 39,000 square feet that is 3 feet above the water table. Mayor Windschit1 felt that from a city standpoint, cu1 de sacs have drawbacks as they take a long time for street maintenance, and he felt that the proposed cu1 de sacs do not relate to a good traffic pattern/street pattern for the City. He stated it is ending up with a lot of cu1 de sacs that in some cases don't need to be there. He also felt that Uplander should have been extended northward to County Road 58. Chairman Bosell explained the reason Uplander did not go through to County Road 58 is because it is only 400 feet from the major intersection of County Roads 59 and 58, which is a very busy corner. Discussion was also on the variance for the "exception"; that the ordinance does not allow exceptions; that the property within the "exception" would be buildable but a good share of it is wetlands. Mr. Larra Carlson, the developer, explained that if the "exception" would have been platte , the lots would have been oversized due to the wetlands and many variances would have been required. Also, real estate taxes are devastating, especially on platted lots. Once it is considered in the plat, it is not considered the same as agricultural land any longer. Mr. Carlson stated he does not intend to sell that portion of land. Attorney Hawkins stated that it is correct that once the Council allows the variance of a developer being required to develop all contiguous land, it would be setting a precedent. He questioned the reason for that Regular City Council Meeting June 3, 1980 - Minutes Page 4 (Preliminary Plat/Hawk Ridge East, Continued) provision in the ordinance, and stated that Mr. Carlson could have simply taken this parcel and conveyed it to someone else to get around the oridnance, but he chose not to do so. Mr. Hawkins felt that the provision of platting all contiguous property should be re-examined as to the need and purpose. Mr. Carlson also noted that the acreage in the "exception" is not being considered for park dedication purposes, as park dedication is based on the final plat, which would have the "exception" eliminated from it. Mr. Hawkins explained that the "exception" is not within the boundaries of the preliminary plat because it is excepted out of the plat and will be left as a metes and bounds description. Discussion also noted that there have been other plats accepted by the City that have had "exceptions" in them, notably Barnes; therefore, the precedent has already been set. Consensus of the Council was that the variance for the "exception" would be agreeable. Discussion was again on the cu1 de sacs in the plat. Ray Sowada, Senior Public Works Person, stated his objections to cu1 de sacs were for snowplowing and sealcoating -- the time it takes to turn maintenance equipment around. He also felt that the names of Thursh Circle, Swallow Place, and Swallow Street were very confusing. Fire Chief Bob Palmer also noted the problems of turning fire equipment around on cu1 de sacs. Chairman Bose11 stated they had suggested to the developer that anything but through streets be named with "Circle", "Court", etc., so that the streets would be more easily identifiable for emergency purposes. Mr. Schumacher stated that their recommendation was to align Swallow Street to meet all the way through. There is a problem with making that work on the existing plat as the developer may lose a lot. He felt there was sufficient ground to get through there to connect Thursh Circle and Swallow Place; however, that was not the felling of the Planning and Zoning Commission. They had also recommended that 180th Lane be extended to the east. A lot of the objections with cu1 de sacs have to do with non-monetary things such as circulation of emergency vehicles. MOTION by Jacobson, Seconded by Ortte1, to enter a Resolution approving the Preliminary Plat of Hawk Ridge East as being developed by Lawrence B. Carlson; this Resolution is written for us by City Staff with one change, where it says that the Plat has been submitted to the Township of Oak Grove and no comment was received, that should be changed to read Oak Grove has responded favorably. (See Resolution R61-80) DISCUSSION: Mayor Windschit1 felt that the street alignment was less than desirable and that Swallow Street is the logical through street in the whole plat for traffic flow. Councilman Lachinski felt if it is reasonably feasible and the cost is not pro- hibitive to connecting Swallow Street, it would be preferable. He would like further engineering data before deciding whether or not it is reasonable. Mr. Carlson addressed the Council stating that some communities strongly favor cu1 de sacs and some do not. Public Works has told him it takes an additional 15 minutes to maintain cu1 de sacs. If the road was extended through, about 750 feet of roadway would be added. He has received a preliminary estimate to construct that portion of the road for $30 to $35 per lineal foot, which would bè between $22,000 and $26,000, not counting if a lot would be lost in that process. To make Swallow Street go through, they estimated would add about $640 per lot. He also stated that out of every three cul de sacs, at least one home is added, which means in dollars and cents, the City is much further ahead to have the additional home bringing in approximately $85 to the City in taxes. At $30 per hour for a man and equipment, if plowed four times a winter, it is $20; two additional cu1 de sacs, it is $40 in maintenance. If the City takes over maintenance for 750 feet of road, it is going to be far more expensive than the maintenance of the cu1 de sacs. He didn't think the cost factor was a legitimate concern; though the time factor is, but it converts out to a plus. People in general consider cu1 de sacs much safer, particularly in rural areas where there is high speed travel. We are dealing with a wetlands area; there is standing water which would have to be crossed Regular City Council Meeting June 3, 1980 - Minutes Page 5 (Preliminary Plat/Hawk Ridge East, Continued) through to connect Swallow Street and which is another reason why the cost is so high. Relative to the street names, they did change them at the request of the Planning Commission and will change them to anything the Council desires. He also stated that road maintenance isn't nearly as great any longer with the asphalt. VOTE ON MOTION: YES-Jacobson; NO-Lachinski, Ortte1, Peach, Windschit1 Motion failed. MOTION by Lachinski, Seconded by Peach, to refer the Hawk Ridge East Plat back to the Planning and Zoning Commission for additional consideration by the Engineer and Commission to determine the low areas to be filled, and the estimated costs of street construction for Swallow Street 90in9 through the entire plat, and to show the 180th Avenue to the east as being built. VOTE ON MOTION: YES-Lachinski, Peach, Windschit1; NO-Jacobson, Ortte1 Motion carried. DISCUSSION: The plat will be added to the Planning Commission Adgenda for the June 10 meetin9; that if it is determined that it is unreasonable to make Swallow Street go throug~cthe street names should be changed to be less confusing. VARIANCE/J. KELLER MOTION by Jacobson, Seconded by Ortte1, entering a Resolution approving the Variance request of Jonathan Keller to construct a garage closer to the front lot line than the principle structure; Resolution as presented by Staff. (See Resolution R62-80) Motion carried unanimously. SPECIAL USE PERMIT/MEADOWCREEK CHRISTIAN SCHOOL Jim Griswold, Secretary, Meadowcreek Christian School Committee - stated that their applicatlon asked for approxlmately, and lt is dlfflcult to determine the exact enrollment year to year. At 306, they are at maximum enrollment and they are not intending a building program. The Clerk indicated that at 306, the additional sanitary sewer connection charges would remain the same. Councilman Lachinski stated that two concerns have been brought to his attention. A question was raised relative to the dust from the dirt road coming out to Jonquil. Mr. Griswold stated the firstcð~~ra&~~~ received this objection was at the Commission meeting on May 14. They have c ,with H & S Blacktop to grade and oil that drive up beyond the pond in order to alleviate the dust problem. Councilman Lachinski stated the other concern is why is the homep1ate of the ballfield in such a position that balls can be hit into the street. Mr. Griswold stated that the fields were built with primarily the younger children in mind and they didn't think the balls would travel that far. There is considerable use of that field by the local residents which they have no objection to. But he felt that is probably where the problem is arising. MOTION by Lachinski, Seconded by Ortte1, introducing a Resolution approving the Amended Specla1 Use Permit for Meadowcreek Christian Day School to enroll up to 306 full-time students. Discussion: John Delich, 13538 Jonquil Street - stated their total enrollment will not necessarily be 306, as 1 through 12th grade enrollment would be 300 maximum; kindergarten enrollment would be 24, equalling 12 equivalent full-time students; pre-school maximum of 20 fu11- time students, which adds up to 332 equivalent full-time students. He felt that is the number that should be included in the Resolution. The Clerk indicated that that number would change the sewer connection charges to approximately $6,000. Regular City Council Meeting June 3, 1980 - Minutes Page 6 (Special Use Permit/Meadowcreek Christian School, Continued) Councilman LachinsRi CHANGED Resolution to: 332 full-time students and number (additional connection charges) as substituted by the City Clerk. Second still stands. (See Resolution R63-80) Motion carried unanimously. LOT SPLIT/NORMAN VALENTINE Pastor Norman Valentine - asked if the park dedication fees could be waived on the basis of his dedicating the drainage easement. He is dedicating the easement for the whole street, which he felt was not his total responsibility. Discussion was that the drainage easement is 10 feet; that he could be required to plat this land which would require dedication of the easement plus park fees; and that there is a low spot in the front of that lot and the Engineer felt it would be desirable to drain that water down to Coon Creek. Council generally felt that they should not be making that kind of trade. MOTION by Peach, Seconded by Lachinski, entering a Resolution approving a Lot Split of Plat 65933, Parcel 4730 as requested by Norman Valentine as presented by the City Clerk with the Addition of the BE IT FURTHER RESOLVED to say $200 as a park dedication fee; and add on the fifth WHEREAS, this Resolution approval is contingent on the property being rezoned to R-4. (See Resolution R64-80) Motion carried unanimously. PARK/RECREATION - MEADOWOOD PARK EQUIPMENT Chairman Mand explained they have had a request from the residents of Meadowood Addition for some improvement of the park in their area. The Park Commission recommended that they be allocated $3,000 with the money being taken out of the 1979 surplus; however, he has since learned that there may not be a '79 surplus. The Park Commission had not discussed taking this money from their budget. But it would be his recommendation that it come out of their budget; and if and when there are surplus funds, that amount would be replaced with those funds. The Council was shown a model of the proposed development in the park that was somewhat different than what was shown at the Park Board Meeting. The model was done by the company that makes the log-type recreational facilities, Big Toys. Lorraine VOkat{, 4487 148th NW - explained that the model proposed costs approximately $5,000 and wil accommodate between 40 and 50 children. She stated that this con- struction could be staged in parts and reviewed the prices of each section. The equipment would be installed by the residents in the neighborhood. The City will get a discount on the equipment, but she didn't know how much. Councilman Peach stated he had trouble spending $3,000 on 50 houses when there are 160 houses in Red Oaks that only have a swing set at their disposal. MOTION by Lachinski, Seconded by Jacobson, that the Park Commission be authorized to expend an amount not to exceed $3,000 for park improvement in the Meadowood park from the 1980 park budget. DISCUSSION: Councilman Peach didn't know how the City could justify this expenditure for one park; that the intent at one time was to spread money evenly for parks throughout the City. There are huge areas in the City where a lot of people live that have nothing. He didn't see the justification for putting in $3,000 for 50 families. Mayor Windschit1 didn't recall it ever being the policy to give every park so much a year; noting that Northwoods has had an expensive tennis court put in. If groups would come in willing to dedicate the amount of labor as here, he didn't know of the Park Board ever reacting unfavorably for this type of effort. Councilman Jacobson stated that if the Park Board feels the project is worthy enough to come out of their budget, they should be given the option to do that. But it doesn't necessarily mean they have to do it. Regular City Council Meeting June 3, 1980 - Minutes Page 7 (Park/Recreation - Meadowood.Park Equip~ent, Continued) VOTE ON MOTION: YES-Jacobson, Lachinski, Ortte1, Windschitl; NO-Peach Motion carried. Roger Olson, 1470 Makah - wondered what the Park Board considered. He didn't feel that that was the safest location for it. He realized it was more centrally located, but stated it is on a bad curve with a third road coming into it, late in the afternoon there is a bad sun and it is located on a main thoroughfare. He asked the procedure and asked if they would be receiving more money next year. Mayor Windschitl stated that the Park Board has heard the request and moved to authorize the $3,000 expenditure with money to be taken out of the 1979 surplus. The site plan and petition went with the whole package. Councilman Orttel understood that the Park Board made that recommendation because their funds were allocated for the year. The Council has now sent it back to them saying they can spend their own money if they want to. Now it is up to them again. The Mayor also explained that there is an amount set aside for the restoration work on the Crooked Lake Boat launching site that may not be used this year. Mr. Olson - asked if the protective covenant affects parkland as well as lots or are their separate ordinances pertaining to parks in the area. Attorney Hawkins stated that the property is dedicated free and clear of any of those convenants. Dave Hager, 4507 148th Avenue NW - asked wouldn't it be better to allocate the total amount to finish the park rather than only a portion of it. It was his estimate that there were about 150 children in the neighborhood that would be using this park. Council discussion was on the concern of only 57 taxpayers in the development and the amount of money that would be expended in this one park. Mayor Windschit1 stated that with a 30 percent discount, the total cost would be $3,600; and if they are that close, the Park Board should bring it back to the Council. The City Clerk was also directed to contact the company to make the price inquiry, obtain discount percentage, etc. Mr. Mand stated he would put this item on the June 5 Park/Recreation Commission Agenda. Mrs. Vokaty - noted that the manufacturer indicated if the equipment was ordered in June, there would be a three-week delivery. If they waited until July or August, it would take approximately 9 weeks for delivery. Recess at 9:56; reconvene at 10:12 p.m. PUBLIC SERVICES BUILDING Attorney Hawkins stated that he dictated a letter today to be mailed via certified mail to Bloomberg stating that the well needs to be corrected and citing the other measures under the warranty. He noted that the well is urgent because it is our only source of water and is a matter of public health and safety. He asked Bloomberg to contact him. Because two pumps have already been ruined due to excessive levels of sand in the water, Mr. Hawkins stated the City may have to make a claim against them for damages. There was no further action on this item. REZONING/RADEMACHER Council discussed the proposed commercial site plan for the Rademacher property on the corner of CSAH No.9 and Bunker Lake Boulevard; noted the 10-acre parcel along Round Lake Boulevard that has been formally approved by the Council to Shopping Center classification, but that additional property to the east along Bunker Lake Boulevard and to the north of the lO-acre SC property along Round Lake Boulevard are being proposed Neighborhood Business; that the Planning Commission held the Public Hearing for this rezoning on May 27, 1980, along with the other suggested zoning changes in the urban service district; and that the Council will act on the Planning Commission's recommendations for rezoning at the June 17 regular Council meeting. Regular City Council Meeting June 3, 1980 - Minutes Page 8 (Rezoning/Rademacher, Continued) Wayne Anderson requested that the Council respond conceptually to the site plan. (here are 31 gross acres involved, ending up with approximately 24.4 net acres after taking out highway right-of-way and street easements. They had originally purchased the 10 acres from Good Value Homes and are now under agreement to purchase the additional 20 acres. They have included 66-foot easements for road access to the Good Value property, which is one of the requirements of their purchase agreement with them. Mr. Schumacher stated that they may be looking at a wider street through the section, possibly 36-foot street with turn lands. Discussion was on the NB designation for the additional areas. Mr. Anderson explained in that particular section they are looking for some businesses which will want to own their own property, particularly a bank, a restaurant, etc., and he felt it would be easier to plat some smaller parcels for that if the designation was NB. Also, they cannot begin construction with a shopping center designation until the sanitary sewer is in and they would like to begin some construction on the north 10 acres in terms of the convenience stores. The Council felt that it would be preferable that the NB designation be closer to the residential neighborhoods rather than having the entire areas as SC, plus NB reduces the amount of usages in those areas. Relative to buffering in back of the shopping center, Mr. Anderson assumed they would be looking to some burming, landscaping, and whatever else the City is going to require. Discussion on tying a sketch plan to the rezoning, Mr. Hawkins stated that normally there is an agreement secured by a bond to insure that all the fencing, birm, etc., is completed. He had no problem with having the site plan attached to the rezoning require. Mr. Anderson indicated that this is only their first concept plan and not a final plan. There is a chance that some of the configurations could change. Mr. Hawkins stated that the City would then have to agree to those changes. Mr. Anderson was agreeable to that. Discussion was also on the portion behind the shopping center, in that it is not a park but an area for storm water holding pond and possibly a well location. If there is a dedication for a well location, there is the legal question as to whether that can be used to reduce the parkland dedication in the Good Value plat. Mr. Schumacher was of the understanding that Good Value Homes has plans to change the concept considerably and present it to the Park and Planning Commissions, changing the holding pond to a smaller area, allowing an additional 1/2 acre for a City facility for well, with the streets to be red2signed and with approximately 3~ acres of park adjacent to the Quickstrom Addition park. Council generally approved of the sketch plan, but felt that the formal rezoning should be tied to a sketch plan. If the developer wants to change that plan, he would ask for Council approval for that change. ACCEPTANCE/GOLDENROD STREET MOTION by Ortte1, Seconded by Lachinski, that we accept Goldenrod Street south of Constance Boulevard for maintenance purposes contingent upon receipt of an appropriate maintenance security in the amount of $1,000. Motion carried unanimously. AZTEC STREET PROBLEM Mayor Windschitl explained that there is a two-year-01d house on the left side of Aztec going On the cul de sac. The house is below grade and a building permit was issued on the basis of a letter from an engineering firm for the developer that assured that the street would be adequately drained. He stated for all practical purposes, that street can't be held unless it would be blacktopped. He also stated that this should not be the City's responsibility for correcting. The Clerk also noted that the house was finalized three/four weeks ago. Regular City CV_dcil Mee .g June 3, 1980 - Minutes Page 9 (Aztec Street Problem, Continued) Council generally felt that it is an issue between the owner of the lot and the engineering firm that was to do the corrective work. If the owner would like the street blacktopped, he should petition the City to do so. ACCEPT PETITION/172ND AVENUE -- DISCUSSION ON 174TH AND BLACKFOOT PROBLEM MOTION by Ortte1, Seconded by Peach, that the Council direct Pat (Lindquist) to prepare a Resolution accepting the petition for 172nd Lane NW and declare the adequacy of the petition. (See Resolution R65-80) Motion carried unanimously. The Clerk reported that the feasibility report done in 1978 for this area was done for the following streets: 178th Lane, Aztec, Blackfoot Street, cu1 de sac of 180th, 174th Avenue, 173rd Avenue and the street of Xenia Street between 173rd and 174th. Discussion was on the issue of initiating an improvement project for this area; that a substantial amount of money has been expended for maintenance of the corner of 174th and Blackfoot but that a drainage problem still exists. After further discussion, the Council agreed to hold an informational meeting on the proposal of improving the streets to bituminous surfacing in that section of the City and deliberated as to which streets should be included. Mr. Schumacher estimated it would cost approximately $500 to update the feasibility report done previously for this area, but additional costs would be incurred if streets other than those in the feasibility report are to be studied as well. Council agreed to have TKDA work with the City Engineer, Larry Winner, in preparing a presentation of general information for the informational meeting. MOTION by Orttel, Seconded by Peach, that the Council hold an informational hearing on the northwest area of the City proposed improvement project on June 19, to include unpaved streets north of 169th Lane and west of County Road 58 and Tulip Street in the City of Andover. Motion carried unanimously. CABLE COMMUNICATION The Clerk stated there is an application form filled out, a notice of intent, and a Resolution to establish a Citizen Advisory Board. If this is approved tonight, it will be on Minnesota Cable's meeting on September 13. The Council does not have to appoint members to the Advisory Committee this evening. This does not bind the City to any specific franchise. She is under the impression that once the City is approved, we will begin receiving letters from various cable communications companies. MOTION by Peach, Seconded by Lachinski, introducing a Resolution establishing a Citizen Advisory Board for the purpose of reviewing and advising the City Council on the aspects of franchising a cable communications system in the City of Andover, as presented by the City Clerk. (See Resolution R66-80) DISCUSSION: Noted that communications systems are not limited to cable. Motion carried unanimously. ORDINANCE NO. 10 AMENDMENT Mayor Windschit1 stated that the intent of the amendment was to require cross-street easements be dedicated at the time of the final plat, but he felt that the amendment does not specifically state that the developer has to dedicate the property. It was his opinion that the cross-street easement should be dedicated in the rural section of the City as well as the unsewered urban area to facilitate subdivision in the event sanitary sewer was expanded into the rural areas at some point in the future. He didn't see the harm in having the cross-streets dedicated and felt it is good planning. With the easements dedicated, a property oWner would not be able to cOnstruct a house where a future cross-street would be located. Regular City Council Meeting June 3, 1980 - Minutes Page 10 (Ordinance No. 10 Amendment, Continued) Councilman Ortte1 argued against requiring cross-street dedications within the rural section of the City feeling that too much of the City would be land dedicated to the City; that it would reduce the tax base in the City as road easements are not taxed; that there are some areas in the rural service district that is never planned to be urbanized. He estimated that for each 2~-acre lot, there would be over an acre lost to road easements and an acre that is nontax producing, which is over 1/3 of the tax base in the City. He also felt that it is not practical to have that land dedicated, as in the event sanitary sewer does come through, there is the question of who is going to rep1at and subdivide the area. And if the residents did want to subdivide, it would be a development project to have those roads con- structed, which would require escrowing money, etc. He stated that the City would not consider putting in a raw street through bare land for the residents to divide their property. The Clerk also brought to the Council's attention the discrepancy between the City's ordinance and State Statute relative to the time period for the City to act on preliminary plats. City ordinances state the Council shall act on the plat within 60 days after filing with the City Clerk; State Statute states the Council shall act within 60 days following the public hearing. The attorney recommended that the City ordinance be changed to conform with the State Statute. A public hearing is not required to make that change in the ordinance. Discussion again continued on the issue of whether or not the cross-streets should be required to be dedicated in plats in the rural area. Mr. Hawkins stated that the wording of the proposed amendment does not require that dedication. To do so, he suggested it state that the present subdivision will require dedication of road easements for future subdivision. It was then suggested that building just be restricted from where the logical future streets would be located to reserve the area for future use but it would not be taken off the tax rolls. It was questioned if staking would be required to know where future lot lines and cross-streets are located. Councilman Ortte1 felt that the majority of people on 2~-acre lots want to prevent sanitary sewer from coming out; that many of the lots in northern Andover are 5, 6 acres, many with swamps that wi 11 not be dev10ped. And documentation from the Metropolitan Sewer Board will back that up. Plus he felt there were other unworkable things with the dedication of cross-streets such as where buildings can be situated. He also questioned what is required for "good logical future sub- division" as that is not spelled out in the ordinances. Mr. Hawkins also noted that once the cross-streets are dedicated, it becomes a public right of way which can then be used by bikers, motocyc1es, snowmobiles, etc. Mayor Windschit1 stated that the area between Andover Boulevard and Bunker Lake Boulevard in the area of Prairie Road, which is presently outside the urban service area, in all likelihood will be sewered some day; and he felt it would be foolish not to get subdivision streets dedicated in that area. There are already plans for sewer coming up through Ham Lake. MOTION by Jacobson, Seconded by Lachinski, that we taken the proposed Ordinance 10F and return it to the Planning Commission for their review and their reconsideration. Motion carried unanimously. ORDINANCE NO. 44/JUNKYARDS MOTION by Lachinski, Seconded by Peach, an Ordinance 44C, an Ordinance amendming Ordlnance 44, Effective January 16, 1979, an Ordinance known as the Junkyard Ordinance, be adopted as presented by the City Clerk. Motion carried unanimously. Regular City Council Meeting June 3, 1980 - Minutes Page 11 HAWK RIDGE PARK LEASE MOTION by Jacobson, Seconded by Orttel, that the City Council authorize a Lease Agreement between the City and Mr. O. Warren Linton for the lease of the City Park at Hawk Ridge for the amount of $137.50 according to the terms of the lease as printed, such lease to expire on December 31, 1980. Motion carried unanimously. JOINT POWERS AGREEMENT - CROOKED LAKE BOAT LANDING MOTION by Jacobson, Seconded by Peach, that the City Council authorize the Mayor and City Clerk to sign and execute a document between the City of Andover and the State of Minnesota Department of Natural Resources for the City and State owned access to Crooked Lake, agreement made dated June 3, 1980. Motion carried unanimous 1y. STAFF/EQUIPMENT - PUBLIC WORKS/PARK AND RECREATION COMMISSION Discussion was on the suggestion of a salary increase for Mr. Ron Kellar, who is now working full time during the summer months. It was agreed to make an evaluation of the position at the end of the summer. Chairman Mand reviewed the Park Board priorities for park development for the year 1980. He stated that Northwoods would probably be graded and filled this summer with excess material from projects, along with LakeRidge and Pine Hills. There may also be a possibility of doing excavating work and filling in Shady Knoll. Mayor Windschit1 noted that Shady Knoll is used for drainage purposes, which needs to be taken into consideration. Chairman Mand continued that their first priority would be to work on Fox Meadows; second priority is putting equipment in Cedar Crest; third priority is the possibility of putting in another hockey rink at the City Hall site with some discussion of relocating the present one to the other side of the tennis court to have access to the well for flooding. Mayor Windschitl again re- quested that some grading be done at the City Hall site for one or two soccer fields. Chairman continued that their fourth priority would be grading, leveling, and getting a site plan for Hawk Ridge, which could be done from the monies derived from the leasing of that land. Discussion was on the pros and cons of taking money dedicated for park purposes and using it for the park in that particular development. There was no consensus as to whether the money dedicated should be spent in the development it comes from or whether it should be used where it is needed most in the City. Ch airman Mand stated that they will hold back on further development of LakeRidge until negotiations with Mr. Berger of Andover West are completed, and noted that another priority of the Park Commis~ion would be development of Lund's Evergreen Estates park. Discussio~ was then with Mr. Sowada on his recommendation that a sweeper is needed. He stated that' he: has received a ,quote for,$1,100 for a rear swe¡èper that' would. mount on the back of the Ford tractor. Council discussed the merits of a sweeper, that it would be used for skating rinks, cleaning cinder off the streets in some places, etc.; that the sweeper would not be used at the time that the tractor would be used for mowing; questioned the advisability of a rear-mounted sweeper; and suggested possibly getting a sweeper to go on the front of the four-wheel drive that the Council agreed in principle to purchase. It was agreed to have Mr. '~inner, the City Engineer who begins work next week, to assist Public Works and Parks in working up a plan for equipment needed. A short discussion was On the 1979 surplus and noted that additional information is needed. That issue should be discussed again at some future date. Regular City Council Meeting June 3, 1980 - Minutes Page 12 HAZARDOUS WASTE COMMITTEE APPOINTMENT MOTION by Peach, Seconded by Lachinski, that Diane Sjogren of 16324 Crosstown Boulevard be appointed to the Hazardous Waste Committee. Motion carried unanimously. MOTION by Lachinski, Seconded by Ortte1, that we authorize a budget allocation of $150 for the Hazardous Waste Committee Miscellaneous Expense Fund for the year 1980 from the contingency fund. Motion carried unanimously. APPROVAL OF MINUTES March 18, March 20 Special, March 25, March 27, 1980 - Correct as written. April 1, 1980: Page 5, Crooked Lake Boat Landing: VOTE ON MOTION should indicate: YES- Ortte1,Jacobson; NO-Lachinski, Windschit1. Motion failed. April 9, 1980: Page 3, bottom line: year~ (sp) Page 4, middle of page, Un er Acting Mayor Ortte1, change "and" to "a" Apri 1 15, 1980: Page 3, under County Park Plans, 12th line, change "in the north part of Andover" to "in the northern part of the park" April 24, May 6,May 8, May 12, May 15, May 19, and May 20, 1980 - Correct as written. MOTION by Lachinski, Seconded by Ortte1, that the Minutes for the following meetings be approved as amended: March 18, March 25, March 27, April 24, May 6, May 8, May 15. Motion carried unanimously. MOTION by Lachinski, Seconded by Ortte1, that we approve the Minutes as amended for the following meetings: March 20 Special Meeting, April 1, May 12, May 19, and May 20. Councilmen Qrtte1 and Lachinski WITHDREW the Second and the Motion. MOTION by Lachinski, Seconded by Jacobson, that we approve the following Minutes as amended: March 20 Special, April 1. VOTE ON MOTION: YES-Jacobson, Lachinski, Ortte1, Windschitl; ABSTAIN-Peach I~otion carried. MOTION by Lachinski, Seconded by Ortte1, that we approve Minutes for the following meetlngs as amended: May 12, May 19, and May 20. VOTE ON MOTION: YES-Lachinski, Ortte1, Peach, \lindschit1; ABSTAIN-Jacobson Motion carried. MOTION by Lachinski, Seconded by Jacobson, that we approve the Minutes as amended for the following meetings: April 9 and April 15. VOTE ON MOTI ON: YES-Jacobson, Lachinski, Ortte1, Peach; ABSTAIN-Windschit1 Motion carried. APPROVAL OF CLAIMS r10TION by Jacobson, Seconded by Peach, that we pay Claims, Check Numbers 3163 through 3186 in the amount of $21,123.74 and that Check Number 3177 is void. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meetlng adjourned at 1:02 a.m. ~tf"l1Y "b,ititd. j (\O~ ~ Mar 11a A. Peac Recor ing Secretary