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HomeMy WebLinkAboutCC April 5, 1983 ~ 01 ANDOVER REGULAR COUNCIL MEETING - APRIL 5, 1983 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4 . Presentation of Awards a. Diana Miller b. Pierre Mros c. Rodney Wangrud 5. Community Development Block Grant - JoAnn Wright/Anoka County 6. Discussion Items a. Easement/Osmon b. Lot Split/Boyum c. Andover West-Phase II d. 138th Avenue/Pond e. Junkyard License - Andover Auto Parts f. Amendment/Water Ordinance g. Uniform Fire Standards Ordinance h. Basement Requirements Discussion i. Landfill Discussion j. Revision of Rural Street Standards, Intersection Detail * k. Mitigation/Compensation-Landfills 7 . Non-Discussion Items a. Amendment/Ordinance No. 8, No. 10 - Lot Sizes b. Coon Creek Watershed District, Chapter 509 Committees * c. Kelsey Park 8. Reports of Commissions, Committees, Staff a. Volunteer Fire Department b. 9. Approval of Minutes 10. Approval of Claims 11. Adjournment * Not on published agenda. ~- -- -- - CITY 01 ANDOVER M E M 0 RAN 0 U M TO: MAYOR AND COUNCIL ! COPIES TO: ATTORNEY, STAFF FROM: CITY CLERK/A. ADM. DATE: MARCH 31 , 1983 REFERENCE: AGENDA INFORMATION - APRIL 5, 1983 Item No. 3 - Agenda Approval Please add Item No. 6k (Mitigation/Compensation-Landfills) and Item No. 7c (Kelsey Park) . Item No. 4 - Presentation of Awards Pursuant to your request, Awards have been prepared for presentation to Ms. Diana Miller, Mr. Pierre Mros and Mr. Rodney Wangrud for their emergency action in attempting to save the life of Gary Bishop. Item No. 5 - Community Development Block Grant JoAnn Wright, Adminiistrator of the Anoka County Community Development Block Grant Program (CDBG) will be here to answer any questions you may have on the uses of these funds. Last week I forwarded you a packet covering some of the provisions from the Federal Register, as well as a listing of the programs being used by other Anoka County cities. Item No. 6a - Easement/Osmon Under separate cover you were forwarded a memo and background information on the request by the Osmon's to accept an easement to their property. A decision on the type of action to be taken should be made as soon as possible. Item No. 6b - Lot Split/Boyum Attached is the Planning and Zoning Commission recommendation for approval of the request of the Boyums to split off a 2.5-acre parcel from a 40-acre parcel. Both parcels meet all requirement of the Lot Split Ordinance. A resolution will be prepared granting approval of the request. Item No. 6c - Andover West/Phase II The Developer will be submitting the Plat in final form as soon as road construction is completed. Prior to such construction a ~reliminary" final approval is requested. The only changes made from the preliminary plat already accepted is that of street width, i.e., from 66' to 60'. Although there have been no ordinances changes, the City has been Agenda Information Apr il 5, 1983 Page 2 Item No. 6c - Andover West/Phase II (continued) allowing the 60' street width on streets such as those in this Plat. Item No. 6d - 138th Avenue Pond Owners of property upon which a pond is located have been contacted and will be in attendance at the meeting. This is the pond in which a child drowned on March 12. The City Engineer will have fill quantities, estimated costs, and other information available. Item No. 6e - Junkyard License/Andover Auto Parts Mr. & Mrs. Pears have applied for licensing on this yard. All bonds and insurances are in order. You will recall the 1982 License was revoked for ordinance violations, however, since that time, the Pears have either done the work to meet the requirements, or have contracted to have it done by May 1 of this year. Attorney Hawkins has been in contact with the attorney representing the Pears; he will have a report on their agreements/actions. Item No. 6f - Amendment/Water Ordinance Attached is the proposed amendment to the Water Ordinance. This amendment provides for requirements in welding water pipes. A motion is needed for approval. Item No. 6q - Uniform Fire Standards Ordinance Enclosed is a draft copy of the proposed ordinance. Provisions have been changed to correspond to those items discussed with the Council at previous meetings. It is now basically in conformance with other City ordinances. Item No. 6h - Basement Requirements/Discussion Several Councilmen have eluded to having a provision in the Zoning Ordinance which would require a full/partial basement under all residential structures constructed henceforth in the City. Before the Planning and Zoning Commission wraps up their revision work with Barton-Ashman, direction should be given to them on this item. Item No. 6i - Landfill Discussion This will just include a recap on any new information received from either MPCA or Anoka County since the Informational Meeting on March 29. Item No. 6j - Revision of Rural Street Standards/Intersection Detail The City Engineer is requesting approval on new plates he has prepared covering the rural standards already approved by the Council. He would also like to discuss a change in the radius requirements for intersections. Agenda Information AprilS, 1983 Page 3 Item No. 6k - Mitigation/Compensation (Landfills) This item covers landfills required under State mandate for all Counties in Minnesota. Councilman Elling serves on the Committee of Metropolitan Council reviewing this item. Attached is the report on which he must respond. He would like to discuss this with the entire Council. Item No. 7a - Amendment/Ordinance No. 8, No. 10/Lot Sizes This amendment has been conceptually approved by the Council at a Joint Meeting with the Planning and Zoning Commission. The Commission has now held the necessary public hearings and is recommending approval. The amendment will reduce the R-4 lot sizes to 80' minimum width and 11,400 square foot area on all single family residential lots. Two- family homes will require 1.5 times that of a single family. Item No. 7b - Coon Creek Watershed District/Committees Attached is a memorandum from the Coon Creek Watershed District. This memo covers the requirements of the District under Chapter 509. They are asking for representatives from each City to serve on the Committee to pursue these requirements. Inasmuch as Jim Schrantz has worked extensively on this program, it would be my recommendation that he represent the City of Andover. Item No. 7c - Kelsey Park Attorney Hawkins has advised that as a result of legislation, it will be necessary for the City to proceed through eminent domain action, the acquistion of the property owned by Mayor Windschitl. He will have the necessary resolutions prepared; and will review the Law with you. Item No. 8 - Volunteer Fire Department The Volunteer Fire Department has made some revisions in their By-Laws and would like to discuss it with the City Council. Copies are attached. Item No. 9 - Approval of Minutes March 1 , 8, 15. - ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 5, 1983 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on April 5, 1983, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilman absent: None Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Diana Miller - stated she wou)d like to see a playground in the area of l38th Avenue, east of Crosstown Boulevard. In the first five buildings alone along 138th there are 23 children ages 15 to l~ years. All total, she estimated there are 50 children on the block and there is no place for them to play. Council agreed to refer the matter to the Park Board for their consideration and recommendation. MOTION by Orttel, Seconded by Lachinski, that we refer the question of developing a park on the l38th Avenue area to the Park Board for their consideration. t10t i on carried unanimously. AGENDA APPROVAL MOTION by Lachinski, Seconded by Orttel, to approve the Agenda as published with the following additions: 5a, Well Drilling Requirements; Item 6k, Mitigation/Compensa- tion - Landfills;; and Item No. 7c, Kelsey Park. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, that we suspend the rules. Motion carried unan lmous ly. PRESENTATION OF AWARDS Mayor Windschitl presented awards to Ms. Diana Miller and Mr. Pierre Mrso for their emergency action in attempting to save the life of Gary Bishop. An award was also prepared for Rodney Wangrud, but he was not present to receive it. COMMUNITY DEVELOPMENT BLOCK GRANT - ANOKA COUNTY Ms. JoAnn Wright, Administrator of Anoka County Community Development Block Grant Program, discussed various options open to the city for the use of their CDBG funds for 1983. Ms. Wright stated the things to be concerned with are who is going to benefit -- it must benefit lower-income people, those who fall within the Section 8 guidelines. Or the funds can be used to clean up slum and blight, which is limited to areas declared by State law to be blighted, reading that definition to the council. She also gave examples of projects that would be eligible and explained they are now in a transition period between the old regulations that have governed the program and the new ones that have been submitted to review by Congress. Ms. Wright then responded to questions:of the Council as to the eligibility of various projects in Andover. She stated the funds could not be used for the development of a municipal water system which may be needed because of the hal¥"doú's\ waste situation unless Andover were a low-income city, which it is not. . Hàu1)¡lg off the hazardous waste would be a possibility. When considering <pªfkèdeveloprr1èrìt, the radius of the low . "" . :-. _ l' - lncome area depends on the si ze of the park. A \ot park woù lobe about one acre in size and would encompass a local area within walk,ing distanèe. When considering a , . , neighborhood park of about three to five acres inc£ize, it would encompass a radius Regular City Council Meeting April 5, 1983 - Minutes Page 2 (CDBG - Anoka County, Continued) of 1/4 to 1/2 miles. In order to do one of those projects, the City would have to prove that 51 percent of the people benefitted meet the low-income requirement by doing a survey for the area. A spring cleanup for the City would not be eligible for CDBG funds, as that is considered a maintenance function. There would be no problem with the City purchasing one of the junkyards to in turn sell the property at a low price to attract commercial development, because that is considered cleaning up slum and blight and economic development. The funds would also be eligible for the establish- ment of an economic development committee to promote commercial development in the City, but jobs must be created or the costs revert to a city expense. Improvements for the handicapped can be done on virtually any building, private or public, though private residences or rental units must benefit the low income. There is a need for such units in the county. Ms. Wright stated she would check further whether the fact that an individual is handicapped automatically qualifies or if the income level of that individual needs to qualify. If the City were to purchase a building and convert it for handicap use, the income generated would become program income and would go back into the Block Grant funds. But it would still be credited to Andover for further use. She also stated that developing the unusable lots in the Nordeen Addition to be sold to the low income would be a permittable use. The on ly problem with that is that people who would qualify to purchase the lots probably could not afford to build a home on the lot even if the lot is free, and there is no assistance for housing available. Assisting residents with shallow wells that are contaminated to obtain an adequate water supply would be eligible as long as the residents are low income. Ms. Wright stated they are going before the County Board with preliminary applications next Tuesday. Council agreed to add this item to the Agenda for further discussion. WELL DRILLING RGQUIREMENTS Tom Renner gave an informative talk on the methods of well drilling, the various layers of sand and bedrock in this area and the effects of a well on the surrounding area, demonstrating these thigns on the blackboard. He explained a lot of the wells in this area are made in the sand and gravel formation, and their experience has been that any contamination is limited to the materials above the first clay barrier. He also explained that in the area designated by the State Health Department for special well construction, basically Andover Boulevard to the north, Coon Creek to the west, 131st to the south, and Hanson Boulevard to the east, was done so not because contamination was found in the deeper wells of 80 to 100 feet or deeper, but because PCA did not have the time to do a complete study and testing.-'It was his opinion that there is nothing wrong with the regular rotary-method of well construction for residential wells, and it is considerably cheaper. He explained the difference between the rotary- method of drilling a well, which costs between $2,300 and $2,600, and the extra require- ments now put on by the Health Department for well drilling in a portion of Andover, which increases the cost to approximately $4,200. It was his suggestion that when developing a municipal water system, a number of smaller wells be drilled rather than one 1 arge we 11 . Mr. Renner also added that he is on the Minnesota Waste Management Board and has traveled allover the country, which has been an enlightening experience for him. He stated they have not placed any hazardous or toxic waste landfills in the metropolitan area, except for western Carver County because of the bedrodk and permeable materials. But they do have a number of processing sites in the area. He stated the hazardous and toxic waste problem is minute compared to the problems with sanitary landfills, just on the volume generated; and he stated he has spent some time trying to convince the Regular City Council Meeting April 5, 1983 - Minutes Page 3 (Well Drilling Requirements, Continued) Metropolitan Waste Board to take out the proposed site at Bunker Hills, but was unsuccessful. But with the additional requirements and regulations being placed on sanitary landfills, which in turn adds to the expense of their operation and to the generators, he is seeing alternative methods of waste disposal being proposed and developed. He did not think Anoka County is a good location for a sanitary landfill because there is too much water. Landfills should go on dry property, preferably in clay beds, but unfortunately Minnesota doesn't have a lot of it. LOT SPLIT/BOYUM Planning Commission Chairperson d'Arcy Bosell reviewed the Commission's recommendation to approve the lot split requested by the Boyums to split off a 2.5-acre parcel from a 40-acre parcel. MOTION by Elling, Seconded by Lachinski, entering a Resolution that the City Council approve the lot split of the Boyums as prepared. (See Resolution R018-83) Motion carried unanimously. ANDOVER WEST/PHASE II Coun~il uis~us~ion wa~ thdt 6u-foot streets are acceptable, but there was concern as to what the street width change would do to the front measurements, radii, etc., especially on cul de sacs. Mr. Schrantz was directed to convey those concerns to the developer, that with those changes the requirements of the ordinance must still be met. 138TH AVENUE/POND The following property owners affected were present: Gilbert Menkveld, Box 547, Anoka, owns a lot on Crosstown Boulevard; Ken Tendra, 15725 Sycamore Street; and the company of Tri-R's, owner of the six-plex on 138th. Mayor Windschitl explained the purpose of the meeting is to work out a way of alleviating the situation with the pond. The City may be able to help in providing some fill from projects, but it is prevented by law from making any type of improvement on private property. Mr. Menkveld explained the pond was dug out and the dirt was used to fill the land where the duplexes are, so the pond is quite deep, estimating it to be at least 12 feet deep. Council discussion with members of the audience was on the various suggestions. It was noted that even filling in the area there would still be water because the area is the storm water drainage area for Red Oaks, that filling in an area would get some distance between the housing units and the water, and that there is a steep hill in the back of the rental units down to the water which creates a dangerous situation. One woman felt the boy who drowned slipped on the hill, hit his head, and lost conscious- ness before landing in the water. Mr. Schrantz thought the water flowed from Northwoods into that ponding area. Several Councilmen felt it was an overflow pipe from the pond to Coon Creek Mr. Menkveld stated about 15 years ago there was a drain completed to Coon Creek where Jerry Green now has his house to drain this area, noting the area was farmed at one time. But the tile was broke and the drain closed when Jerry Green built his house. He thought it would be ideal of that drain could be reinstituted. One gentleman stated since the last meeting the level of the pond has increased about one foot, feeling the water is coming into that area from somewhere. He explained the portion of the marsh.just behind the rental units deepens, gradually, but the main part is quite deep. Regular City Council Meeting April 5, 1983 - Minutes Page 4 (138th Avenue/Pond, Continued) It was suggested that the park plan conceptually proposed during the Red Oaks/North- woods street projects be found. Mr. Schrantz stated he has not been able to find any type of park plan for that area. Another suggestion was to start filling in the pond with excess fill from road projects, assuming that will not create a problem for the ponding. Residents stated the area is never competely dry. Mr. Menkveld stated he doesn't need any fill on his property because it is totally out of the water. But he would be able to get as much dump materials as they want for nothing, but it is cracked cement, etc. Council suggested as a temporary solution that a fence be brought across the back yards of the rental units to prevent children from getting to the water. And if the area is to be filled, it should be the responsibility of the property owners, not the City. Discussion with those present was on the boundaries of the private property and that of the City, on the residents' concern about the steep embankment and placing a fence so that children won't fall down the bank and into the water, on the request for "Chi ldren at Play" signs on the street because of the "overpopulation" of children and their only place to play being on the street, on the request to lower the level of the pond by draining it to the creek or a river so that a park could be made in the area, and on the sense of urgency about this matter by the residents because of the recent drowning and the rumors of two other previous incidents with the pond. Council and those present also reviewed the aerial maps showing the size and location of the pond, with some saying there is much more water than what is shown on the map. Council recessed to allow the Engineer to review the plans for Red Oaks and Northwoods to determine which way the water flows in the culvert across Crosstown Boulevard. Recess at 9:12; reconvene at 9:30 p.m. Mayor Windschitl stated the maps on file at the city do not indicate which way the water is flowing, but tomorrow the City staff will check further with the engineering firm to get an answer. MOTION by Elling, Seconded by Lachinski, that the City Council request the six adjacent property owners as shown on tonight's exhibit to install a fence of adequate size to prevent access to the ponding area, this covered under Ordinance 8, 8.19, Public Nuisances, and report back to Jim (Schrantz) within a week as to some proposal. DISCUSSION: Mr. Menkveld asked why the fence couldn't be placed along the side property line to 138th instead of directly west to Crosstown Boulevard. Then it would not affect his property. Councilman Elling stated his intent is to give latitude to the property owners involved, that the intent is to prevent access to the pond by the children, and that the type of fence would be left to the option of the property owners but should be adequate to keep the children out. The first thrust would be to keep out the smaller children. He did not know whether the six-plex should be included, feeling the matter should be left to the engineer's discretion in cooperation with the property owners, as long as it accomplishes the intent to keep the children away from the water. Motion carried unanimously. Further discussion noted if something is not done within a week, the matter will be placed on the next Council Agenda. Mr. Schrantz was also directed to look into placing "Children Playing" and speed limit signs along that road. Later in the meeting the owners of the six-plex asked how the motion affects their property. It was agreed Mr. Schrantz would meet with them on the site to make a determination as to where the fence should be located. Regular City Council Meeting April 5, 1983 - Minutes Page 5 EASEMENT/OSMON The Clerk explained the City originally issued the building permit incorrectly, and it was not discovered until the house was built. Their first concern was to legalize their lot to abut a pUblic road or to obtain a variance. The owner of the easement will not sell the property abutting 167th because it would land lock his other 35 acres. The Osmons have the easement, but it is not a City easement which is required by ordinance. 167th is a dirt road that stops at the section line. The City occasionally maintains to the property line. Council discussion was that if the easement is desired, it should be brought up to a gravel standard with a turnaround on the end. Ms. Lindquist stated the Osmon's do not want to bring it up to standard because it was the City's error. She stated the City has the option of putting in the road and assessing it or granting a variance to legalize the lot to correct the City's mistake. It was also noted this parcel is only 1/4 mile from the proposed Hanson, and 167th would be a natural extension to abut Hanson Boulevard. So it was suggested that possibly an easement would be desirable all the way across to the eastside of the five-acre lot. There is also the possibility of acquiring the easement across the whole parcel but not to construct the road. Council directed the Engineer to review the matter further and to make a recommendation at the next Council meeting. AMENDMENT/WATER ORDINANCE Mr. Schrantz reviewed the changes to the water ordinance, the concern being connecting welders to the watermain to thaw out the service. The proposal is not to allow it by private individuals, and to allow the City to do it only in an amergency after appro- priate safeguards have been taken, making sure the electrical system is not grounded to the water system. He stated all electrical systems should be grounded separately and not to the water system. Councilman Elling disagreed, stating the National Electrical Code requires grounding the water meter on the water service. The problem is when the welders are put on the water system, there is no way of knowing what is going to happen. Council generally agreed that the City should not be allowed to use welders to thaw out the service either to prevent any possible liabilities and because there are other methods of thawing out the service. MOTION by Knight, Seconded by Elling, that we adopt Ordinance 55B as presented with the exception of the last clause in the last paragraph starting with "except", deleting that section. Motion carried unanimously. BASEMENT REQUIREMENTS DISCUSSION Discussion was on the pros and cons of requiring a full or partial basement under a house rather than a floating slab and on the merits of requiring a two-car garage for all new house construction, these decisions,tothen be incorporated into the new revisions of the ordinances. Building Inspector Dave Almgren explained a floating slab is allowable according to the building code if a soils engineer can determine that the soils will hold the floating foundation. If that is not proved, then frost footings are required on slab-on-grade homes. Councilman Orttel had no problem with requiring a two-car garage except in lar.ge apartment complexes where there are a lot of single people residing. But he was opposed to requiring basements, feeling the housing trend is not to have basements and that concrete or other matter is required for solar or energy efficient homes. He had no problem requiring the footings for slab-on-grade homes. Regular City Council Meeting April 5, 1983 - Minutes Page 6 (Basement Requirements Discussion, Continued) Mayor Windschitl fàvoredrequiring a basement or a minimum of permanent footings under a slab. He also favored the double-garage requirement, a minimum of 20x22 feet. He didn't feel that would be a significant hardship even on the reduced lot size in the R-4 district. Mr. Almgren suggested if slab-on-grade homes are going to be allowed, that an extra 100 square feet of floor space be required to accommodate the heating apparatus room. The Council generally agreed. MOTION by Lachinski, Seconded by Knight, to refer to the Planning and Zoning Commission for their consideration the idea of requiring a two-car garage for single-family homes. Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, that the Planning and Zoning Commission conslder increasing the square footage requirements of residential dwellings when no basement is used or to consider the requirement of the basement. DISCUSSION: continued on whether or not footings should be required on slab homes, on whether or not basements should be required, or to follow the building code and allow slab-on grade homes without footings if a soils engineer can determine that the soils will hold the floating foundation. Mr. Almgren stated there has been no slab houses without footings in the City to date. Ordinance 8S was referenced that all residential buildings shall have a permanent foundation. It was Attorney Hawkin's opinion that Ordinance 8 would be modified as a zoning change rather than a change to the Building Code in Ordinance 19. If the building code allows slab homes without footings, it is a construction requirement, and the City does not have the authority to modify or be more restrictive than the building code. He didn't feel the City could require footings on slab homes since the code allows it. He stated there would oe no problem with the City requiring a basement under a residential dwelling. Motion carried unanimously. LANDFILL DISCUSSION Ms. Lindquist stated Mr. Hutchinson from the County called stating they have checked additional wells, and the results have been negative. They also ran ten separate tests along Coon Creek at 200-foot intervals, and it appears the pollution is not coming from the entire landfill but only from the west side of it, not necessarily the pit. They are saying 200 feet upstream or downstream shows contamination, 400 feet upstream or downstream it is cleaner, 600 feet upstream or downstream is cleaner yet. Mr. Hutchinson will be sending a letter to the Council on this matter. Councilman Elling and Mayor Windschitl stated they have been talking with officials from the FHA. Councilman Elling stated the Director of Housing at the FHA has stated they are not interested in insuring any loans in Andover. But they are not taking that approach with homes in Coon Rapids. Councilman Elling was told the FHA is getting their information from the PCA, specifically Mike Kanner. He also talked with officials at the VA who stated they are not taking that position. MayorWindschitl also expressed concern over the problem this is causing for the City. He stated he is going to try to have some real estate people at the next Hazardous Waste meeting to discuss this further because this is affecting all of Andover, noting a loan turned down by the FHA on a house over in Barnes Addition supposedly because of its proximity to the landfill. Councilman Elling stated 80 to 85 percent of the loans in the City are written by FHA or VA; and if they would stop insuring loans for Andover, it would mean an approximate 5 to 10 percent drop in property values. Councilman Orttel suggested this information be put in writing, disbelieving that FHA is refusing to insure loans in Andover. Regular City Council Meeting April 5, 1983 - Minutes Page 7 (Landfill Discussion, Continued) In discussing this further, it was agreed the City should request PCA to inform the FHA that because of the special well construction in the area around the landfill now required by the State Health Department and because no contamination has been found in the deep residential wells, there is no reason why the FHA should not be insuring mortgages in the City of Andover. MOTION by Knight, Seconded by Elling, that we direct the City Clerk to get a letter wrltten to the PCA requesting them to send a letter to Bill Middelton of the FHA to clarify the contaminated situation out here. Motion carried unanimously. It was also agreed a statement should be received from the FHA as to the status of home financing in the City. UNIFORM FIRE STANDARDS ORDINANCE Fire Chief Frank Stone, Assistant Fire Chief Bill Bush, and Fire Marshall Tom Reichert were present. Mr. ReichertoPPèË~ig~e changes since it was last brought before the - Council. He also noted a·.· <.: the copy before the Council, Page 1, the first Section, the eighth line down should state "Section 4" not Section 7. The discussion last time it was before the Council was the use and display of resin-bearing trees in the R-l area. That has been clarified to pertain to hotels and apartments. MOTION by Orttel, Seconded by Lachinski, that we approve the draft copy of the ordinance, number to be assigned, called an Ordinance adopting the Uniform Fire Code and Uniform Fire Code Standards, subscribing regulations concerning conditions hazardous to life and property for fire explosion, etc., as presented by the Fire Department. Motion carried unanimously. AVFD - BY-LAWS Chief Stone recommended the by-laws be changed to reduce the probationary period to six months for those fire fighters rejoining the Department, Section 5, Page 6. MOTION by Lachinski, Seconded by Elling, that we approve the revised by-laws of the constltution of the Andover Volunteer Fire Department, Anoka County, Minnesota, as presented by the Fire Department. Motion carried unanimously. AVFD - REPORT Chief Stone reported that as of last Saturday, Ron Kellar is no longer on the Fire Department due to missing three meetings with no excuse and his explaining to the Department his lack of interest. Mr. Kellar will submit his resignation. Chief Stone also reported that the Department has voted the approval of two locations for the fire stations, those being on the corner of Crosstown Boulevard and Bunker Lake Boulevard and on the corner of County Road 20 and County Road 7. Mayor Windschitl noted Good Value has indicated a ~i~~~~~n~~~ è~ ~?nate land for a fire station on Crosstown and Bunker in lieu of/ß r i ~ n Northglen II. There was some question as to whether the ordinance would allow the donation of land for a fire station in lieu of parkland. Attorney Hawkins advised that is acceptable if the owners are willing to do so. Chief Stone stated he needs to review the size of the fire station before making a recommendation as to the amount of land needed in that area. He wi 11 get that figure to the Mayor within the next few days. Mr. Bush asked if the Department could get an acre of park property on County Roads 20 and 7 for a fire station. Discussion was the original owner would need to agree to a fee transfer, and the Mayor expressed a willingness to talk with the owner about this matter. Regular City Council Meeting April 5, 1983 - Minutes Page 8 (AVFD - Report, Continued) Assistant Chief Bush also asked if the Attorney could write to the manufacturer of the new fire truck chasis in an attempt to get the construction completed. The chasis was supposed to be completed the 9th of March, and Ford has not even given a completion date for it. Council directed the Attorney to see what could be done. REVISION OF RURAL STREET STANDARDS, INTERSECTION DETAIL MOTION by Lachinski, Seconded by Orttel, to adopt the revised rural street standard as presented by the City Engineer. (See Resolution R019-83) DISCUSSION: wu 00 whether or not a development agreement should be required on all projects as suggested by Mr. Schrantz's memo. Mr. Schrantz explained in the Andover West project they are not using the typical street section he sent them, feeling a development agreement would alleviate those types of problems by requiring the contractor to meet with the City Engineer prior to beginning any construction. He wants to be involved prior to the actual work taking place by the developer. Council discussion was that Mr. Schrantz does have the authority to require the contractors to meet the City standards, as the street designs are to be submitted to the engineer at the platting stage. Council also felt that the developers should be made to understand that if the City's standards are not met, the streets will not be accepted. It was noted this matter is not part of the motion. Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, that we approve the intersection detail as presented by the City Engineer for rural street sections. (See Resolution R020-83) Motion carried unanimously. MITIGATION/COMPENSATION - LANDFILLS Councilman Elling explained public hearings on this matter will be held at the Metropolitan Council. He is looking for input from the other Councilmembers, keeping in mind they are talking about new landfills with double-leachate liners. There is also some discussion on making it retroactive to some of the older landfills. The proposal was done by the cities and proposes compensation for the cities. He suggested this be discussed further at some meeting when more time is available. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Discussion was on how the City should use its 1983 allocation of CDBG funds. It was felt that the 138th Avenue area would qualify for the development of a park for that neighborhood, thinking a part of the property next to the six-plex may be able to be developed. It was suggested that would cost approximately $5,000 and should be the first priority. A suggestion for the remaining allocation was to acquire a junkyard along Bunker Lake Boulevard for restoration for the purpose of attracting redevelop- ment, though it was felt that may take more than one year's allotment. More specific cost figures would need to be determined. And the third suggestion was to upgrade the city-owned lots in Nordeen Addition to be made available for low-income families. MOTION by Knight, Seconded by Lachinski, that we prioritize the Block Grant money and conslder putting in a small park as priority one in the area around 138th and request the eligibility survey; priority 2 being possible purchase of junkyards for the purpose ·of attracting redevelppment; and upgrading lots in the Nordeen Addition to make them buildable for resale to the low income as the third priority. Motion carried unanimously. Regular City Council Meeting April 5, 1983 - Minutes Page 9 AMENDMENT/ORDINANCES NO.8, NO. 10 - LOT SIZES MOTION by Elling, Seconded by Orttel, that we adopt the amendment to Ordinance No.8 and 10 as proposed. (The amendment reduces the R-4 lot sizes to 80-foot minimum width and 11,400 square-foot area on all single family residential lots. Two-family homes will require 1.5 times that of a single family. Front-yard setback is 35 feet.) Motion carried unanimously. COON CREEK WATERSHED DISTRICT, CHAPTER 509 COMMITTEES Mayor Windschitl stated those who went to the meeting and listened to what Environmental Services did came away questioning what is going on. He didn't think they are any closer to getting :something tangible to solve the entire watershed comprehensive plan. He felt there were some things proposed that to a growing community would be sheer folly. The cities that are already developed wouldn't be paying into it. He felt it is a watershed problem that everyone should be assessed for. The proposal would cost the developer as much as it would cost to construct and maintain his own ponding, and the developer would not have the option to create his own pond. The Mayor wasn't sure how much of the City's problem has been resolved, that is the capacity with the creek and what they are going to allow Andover to do. Council briefly discussed the matter but took no action on it. KELSEY PARK (Because Mayor Windschitl is directly affected by the project, he stepped down to the audience, and Acting Mayor Ken Orttel presided over this portion of the meeting.) Attorney Hawkins reported there is a total of approximately 62 acres that the Park Commission has decided to purchase. The City has received the LAWCON grant funds of $43,550. He met with the owners of the 54.3 acres, Programmed Land. An appraisal was done on the property 1\ years ago for $98,OOO. With a five percent increase, the owner has agreed to sell the land for $105,000 cash, which amounts to almost $2,000 an acre. He didn't discuss any terms with the owenr to purchase it over a period of time. The Clerk noted that with the LAWCON funds and the monies in the Park Commission account, the City would have approximately $85,000 for the project. And of that amount, $10,000 is allocated for the City Hall site. There was then a lengthy discussion as to what couse of action should be taken at this point. It was noted that of the 54.3 acres, 39.? acres are high and 14.6 acres are low which lie directly adjacent to Round Lake. Attorney Hawkins stated the other parcel is owned by Mayor Windschitl and was appraised at $9,920 l~ years ago. Under the conflict of interest law, the City cannot purchase that property directly from the Mayor but must go through the eminent domain procedure, which will amount to some additional expense. Mayor Windschitl stated the property is approximately eight acres. He explained the parcel set aside from his plat is the rectangle, and he provided a strip of land from the street to that parcel. However, he stated that strip of land is not included in the purchase for Kelsey Park, as he would instead attach it to one of the lots. He also explained that the intent of the Park Commission with this entire park is to protect the land near Round Lake and to keep it in its natural environment. Council reviewed the park as a whole if these parcels were purchased, the accesses to the area, and the reasonableness of the proposal compared to the purchase price of other property in the area. The question of funding the project and financing was discussed. It was suggested approximately $15,000 be set aside for the acquisition of Mayor Windschitl's property and that approximately $60,000 could be offered to Programmed land with a three-year contract for the remainder. It was then questioned how the City would finance the three-year contract, noting a general obligation bond for this type of project would require a general election. Regular City Council Meeting April 5, 1983 - Minutes Page 10 (Kelsey Park, Continued) The actual acres involved were questioned, particularly regarding what mark was used to determine acreage along the lake and how much of it is usable. Attorney Hawkins stated the engineer's report at the time of the appraisal indicates of the low land, 14 acres lies directly adjacent to Round Lake, suggesting a field survey be conducted to determine if any of that acreage should be considered part of Round Lake. Mr. Schrantz stated he could put the soils overlay on the aerial map, which would make it easier to determine what is swamp and what is part of the lake. Discussion returned to the financing. A down payment of $20,000 of City money could be put toward the purchase, which is less than the required 50 percent matching of the grant, though Ms. Lindquist stated the City's matching funds can be spread over a three-year period. If the remaining $45,000 were put on a contract, it would also involve additional interest. Deliberation continued on the actual acreage involved, the di lemma :. over the cost, the amount of funds the City currently has, and where the difference would come from to meet the annual payments for the next three years. It was generally agreed that Mr. Hawkins would ask the owner of the 54.3 acres to agree to the terms of $105,000 for the property, $60,000 down and the balance spread over three-year period in annual installments, and Mr. Schrantz will check to be sure the number of acres involved and the amount of lowland is correct. There was also discussion on the suggestion of not purchasing the entire 54.3 acres but of taking off 5, 10, or 15 acres, possibly in the southern area. Mr. Hawkins was authorized to make that suggestion to the owners as well. Before taking any action on the purchase of Mayor Windschitl's property, it was agreed to wait to the ne~t Council meeting until more is known on the negotiations with Programmed Land. (Mayor Windschitl conducted the remainder of the meeting.) APPOINTMENTS/HAZARDOUS WASTE COMMITTEE Mayor Windschitl suggested the following be apPointed to the Hazardous Waste Committee: Bert McElrath, Terry Kreeger, and Terry Reuther. MOTION by Orttel, Seconded by Knight, that we appoint the three people the Mayor recommended for appointment to the Hazardous Waste Committee, those being Kreeger, McElrath, and Reuther. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, to approve Checks 6364 through 6420 for the sum of $25,145.72. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 1:00 a.m. Respectfully submitted, " ~~~~L Mar lla A. Peach Recor "ng Secretary