Loading...
HomeMy WebLinkAboutCC August 16, 1983 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 16, 1983 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Variance - M. Benson b. Special Use Permit - Schriptek, Inc. c. Variance - Doubles Garages/Red Oaks Addition d. Assessment Policy - Good Value Homes, Inc. e. Approve Plans & Specifications - Kadlec Addition f. Appeal "Non-Conforming" Structure Decision/Nordeen Addition g. Park Equipment - Northglen I Park h. i. 5. Non-Discussion Items a. Petition/Water - Underclift Street/137th b. Mower/Equipment Bond Issue c. Award Bid - MSA Prairie Road Improvement/83-4 d. Change Order/Northglen II, Phase 2 e. MSA Street Construction Report f. Swimming Pool Ordinance Amendment g. Ordinance 8 Amendment/General Manufacturing h. Renee Fearon Beauty Shop SUP Review. i. Regional Meeting/LMC 6. Reports of Commissions, Committees, Staff a. 138th Avenue Park Progress Report/Lindquist b. Andover Volunteer Fire Department 7. Approval of Minutes 8. Approval of Claims 9. Adjournment CITY 01 ANDOVER M E M 0 RAN 0 U M TO: MA L COPIES TO: ATTORNEY STAFF FROM: CITY CLERK/A. ADMINIST DATE: AUGUST 11, 1983 REFERENCE: AGENDA COMMENTS - AUGUST 16, 1983 REGULAR MEETING Item No. 3 - Agenda Approval Please add Item No. 5-i (Regional Meetings - LMC). Please delete Item No. 5d (Change Order); see comments. Item No. 4a - Variance - M. Benson Mr. Benson has requested a variance to allow him to subdivide a metes and bounds parcel containing less than five acres/300' width. His property is divided by Round Lake Boulevard. Anoka County is asking to purchase the strip lying along Round Lake between the Boulevard and the Lake. This property is to be used as parkland by the County. They have acquired most of the other properties in this area. The Planning and Zoning Commission is recommending approval of the request. A resolution will be prepared to grant approval. Item No. 4b - Special Use Permit - Schriptek, Inc. Formal action of this request is to be held at this meeting. The Council will be meeting on August 15 to discuss the "Conditions" approved by Anoka County Environmental Services; and which will come to the County Board as a recommendation for approval. Inasmuch as the County Board Meeting is at 9:00 A.M. on August 16, the Council felt there should be a concensus by the City of Andover to present to the Board before they took final action on the license request of Schriptek, Inc. As a part of the Special Use Permit, Schriptek, Inc. is required to carry a Junkyard License pursuant to Ordinance No. 44. They have made application, furnished the required $2,000 Performance Bond and a Certificate of Insurance. I would think the Junkyard License could be approved subject to Schriptek, Inc. meeting all conditions of the Special Use Permit; with a comment that should the applicant violate any of the conditions, it shall be cause for revocation of the Junkyard License. Item No. 4c - Variance/Doubles-Red Oaks Several owners of the double units destroyed by the July 3 storm, are requesting a variance to allow them to rebuild the structure with attached garages. In order to use the attached garage concept, each Agenda Information August 16, 1983 Meeting Page 2 Item No. 4c - Variance/Doubles-Red Oaks garage cannot be the full-width of a double garage as required by ordinance. To construct any garage wider than 10' , a variance is also needed for Ordinance 8, Section 6.02 (Sideyard Setback). A resolution will be prepared following the meeting, based on Council action. Planning and Zoning Commission recommendation for approval of the request for the construction of a 12'/288 sq.ft. attached garage for each unit; and a setback of 8' rather than the required 10' . If the Council requires a wider garage, the setback variance will have to change accordingly. Item No. 4d - Assessment Policy/Good Value Homes, Inc. Good Value Homes, Inc. have asked for the opportunity to address the City Council relative to a possible revision in our Assessment Policy. They are planning on selling their lots in Northglen II to developers for which legal title is transferred immediately. Inasmuch as the developers/builders may not construct the home on the property for a year or two, they would like to see a revision which would allow pay-off at the time the building permit is issued even though that could be some time after transfer of legal title. Item No. 4e - Approve Plans and Specifications/Kadlec Addition B.R.A. , Inc. will have the Final Plans and Specifications for Kadlec Addition street improvement. A resolution will be prepared granting approval of these plans and noting the advertisement for bids was approved at the August 2 Meeting contingent upon acceptance of these plans. Item No. 4f - Appeal "Non-Conforming" Strucuture Decision/Nordeen Addn. One of the manufactured homes in the Nordeen Addition was severely damaged during the July 3 storm. Our Building Inspector checked it and determined it was damaged less than 50% and therefore, pursuant to our ordinance, could be repaired. There was some question about the decision so he also had the Building Inspector from the City of Ham Lake check it over. He also stated it was less than 50%. Some residents in the area feel the damage was in excess of 50%, and are therefore, appealing the decision of the Building Inspector. City Ordinance requires that if a non-conforming structure is damaged by fire, flood, wind, etc. in excess of 50%, it cannot be rebuilt. Item No. 4g - Park Equipment - Northglen I Park Several residents from this area have requested that some equipment be placed in this park. They have met with the Park Board and indicated what they would like. Attached is a breakdown sheet with cost information. A motion is needed for approval. Item No. Sa - Petition/Water-Underclift Street & 137th The property owner at 13727 Underclift Street is constructing a new home and is asking that municipal water be installed to service him. Laterals will be in the street to serve the Good Value property on the west side. A resolution will be prepared accepting petition, Agenda Information August 16, 1983, Regular Meeting Page 3 Item NO. Sa - Water Petition (continued) acknowledging the waiving of the public hearing, ordering the improvement to be done as a "change order" for the 1983-3 Project. Item No. 5b - Mower/Equipment Bond Issue The Park Commission and the City Engineer are requesting that a minimum of $10,000 be added to the Fire Department (Rescue Rig) Certificates to allow for the purchase of a utility mower for the City Parks. The first payment will not be due until 1984; and can go as an over-levy. Item No. 5c - Award Bid/Prairie Road Bids were received and opened on Tuesday, August 9. The lowest bid was approximately $25,000 below the engineer's estimate. A resolution will be prepared for acceptance and awarding Contract. Item No. 5d - Change OrderjNorthglen II, Phase 2 The Final Plat of Northglen II, Phase 2, has not yet been filed in this office by Good Value Homes, Inc. I would recommend this be deleted until the City has received a copy of the Final Plat. Item No. 5e - MSA Street Construction Report Attached is a report from B.R.A., Inc. covering proposed street construction under MSA. Glenn Cooke will be present to cover this with you. Item No. 5f- Swimming Pool Ordinance Amendment Attached is a copy of a proposed amendment in the Swimming Pool Ordinance. Because of some language in the original ordinance, a swimming pool (above/below ground) could be constructed nearer the front lot line than the principal structure. Two options are available for such construction/amendment, i.e. , follow the rules for structures (Ordinance aU), or prohibit them entirely closer to the front lot line than the principal structure. Item No. 5g - Ordinance No. 8 Amendment/General Manufacturing Attached is a proposed amendment to delete specific uses from the definition of "General Manufacturing." A motion is needed for approval. Item No. 5h - Renee Fearon Beauty ShOp There have been no complaints from area residents on this home salon. I would recommend extension for another year. Item No. 5i - Regional Meeting The LMC Regional Meeting will be at the Raddison South on September 29. The cost is $12.00. A motion is needed to authorize Council/Staff to attend. AGENDA INFORMATION August 16, 1983 Regular Meeting Page 4 Item No. 6 - 138th Avenue Progress Report Letters have been sent to the affected property owners on Site #3 (Triangular piece behind the buildings). I did ask them to donate the land, but have not yet heard back from them. We should have some information by Tuesday. Item No. 6b - Andover Volunteer Fire Department No information has been received to-date. Item No. 6c - Road Committee Report The Road Committee met on August 11. A proposed maintenance program was set up. A report covering the meeting is attached. Item No. 7 - Approval of Minutes May 3, 5, 17, June 7, 21 (Regular/Special), July 5, 13, 19, August 2. Attachments ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 16, 1983 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on August 16, 1983, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins; BRA Engineer, Glen Cook; City Engineer, James Schrantz; Planning and Zoning :Commission Chairperson, d'Arcy Bosell; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Garb Smith, building a home at 3635 145th Avenue, Auditor's Sub. 82 - requested that he e able to hook up to the sewer from a new sewer stub going straight out to the street from his home instead of using the one that was provided. Mayor Windschitl explained that he, Mr. Schrantz, and Mr. Davidson from TKDA have talked with Mr. Smith about the situation. This is one of the four lots along Round Lake that were unbuildable until the sewer was installed. The sewer stub is placed at the lowest point of the main lateral on the corner of this lot, which in this case is on the wrong side of the house. Mr. Smith wants instead to put in a new sewer stub straight out from his house. Both the City Engineer and consulting engineer have recommended that the stub provided be used and that the street not be tore up to construct a new one. Mr. Smith - drew a sketch of the lot, the house location, how the line from the existing sewer stub would either have to go underneath his driveway or through the house, and his proposal of coming straight out to the street from the house with the sewer line. The lot is 110-feet wide, and the stub is 12 feet from the lot line on the same side as his four-car garage, which will have about a 40-foot wide driveway out to the street. He does not want to put the sewer pipe underneath that driveway, feeling he would have problems with freezing lines and cracked or settled cement on his driveway. He didn't reverse the floor plan because of the grade on the lot, and he wanted a driveway with a good slope and drainage. In talking with various contractors, he was told it would not be any more expensive to tear up the city street to'install a new sewer stub and run the line straight to his house than it would if he had to take the longer route from the existing stub, insulate the pipe, etc. Mr. Schrantz stated the lateral is 6 or 7 feet deep. He was concerned how close to the water table the line is, feeling there could be dewatering costs involved. And the ordinance requires that the work be done by a licensed contractor, which requires fees, bonding, etc. He was also concerned with having enough of a drop from a new stub to prevent problems for Mr. Smith in the future. Mr. Smith would also have to provide a one-year warranty for work done in the street if he were allowed to put in a new stub. Council agreed to add the item to the Agenda. AGENDA APPROVAL Suggested additions to the Agenda were: 4h, Gary Smith Sewer Stub Request; 5j, Setting Date for Bond Sale; 5k, Jim Conroy Building Permit; and 6c, Mayor's Report -- Parks, Economic Development Committee, Water Feasibility Report. MOTION by Elling, Seconded by Lachinski, that we accept the Agenda as recommended lncluding Item 4h. Motion carried unanimously. VARIANCE - M. BENSON MOTION by Orttel, Seconded by Elling, introducing a Resolution approving a Variance for Marvin Benson to subdivide Plat 65929, Parcel 2100 pursuant to Ordinance 8, Section 5.04, as prepared. (See Resolution R84-83) Motion carried unanimously. Regular City Council Meeting August 16, 1983 - Minutes Page 2 SPECIAL USE PERMIT/JUNKYARD LICENSE - SHRIPTEK, INC. Mayor Windschitl stated of the items reviewed at the Council meeting last evening, the only item the County Board changed was Item 1, the County Attorney's office feeling the City couldn't be named as co-indemnety in the bond. Council discussed several alternatives, but it was finally agreed that if the intention of the bond is to remove up to 25,000 tires on site in case of default, it was believed the County would do that, and it would be unnecessary duplication to have the City require a bond for the same thing. Plus in this situation, the bond and the license will be running on the same time frame. But it was agreed a copy of the bond should be forwarded to the City so the City can be assured such a bond is in effect. The Clerk stated another change is the national holidays are listed according to Minnesota Statute number. After discussion, the following changes to the Resolution presented by the City Clerk were agreed to: General, Item 1: A performance bond in the amount of $12,500 in favor of Anoka County wlth a copy forwarded to the City each year, with the first one no later than September 16, 1983. Site, Item 1: It was agreed to substitute the language from the County's licensing conditions agreed to by the County Board this morning for this item instead of the wording in the Resolution before the Council. Operat i on, add Item 24: This Special Use Permit is subject to review on or before June 30 of each year. Add Item 25: This Special Use Permit shall be subject to revocation for violation of of the above conditions. MOTION by Lachinski, Seconded by Orttel, introducing a Resolution approving a Special Use Permit for the operation of a junkyard and tire recycling facility as requested by Shriptek Recovery Systems International, Inc., and setting up conditions for same, as presented by the City Clerk and as amended this evening. DISCUSSION: It was agreed the word "junkyard" shou ld be de leted from the ti t le of the Reso lut i on as that will be dealt with separately in the junkyard license. Councilman Lachinski CHANGED MOTION to change the title of the Resolution to be: A Resolution approving a Special Use Permit for the operation of a tire recycling facility as requested... Second stands. (See Resolution R85-83) Motion carried unanimously. Discussion was then on the application for a junkyard license, noting the City's ordinance provides for an annual review of junkyard licenses on December 31 of each year, which doesn't tie into the period of the special use permit or county license. It was agreed the license should cover the area where the recycling operation is taking place, not of the entire 15-acre parcel. MOTION by Orttel, Seconded by Elling, that the Council approve a Junkyard License for Shriptek Recovery Systems International, Inc., based on the Special Use Permit, with the exception of Item 1, Site, such Junkyard License shall cover only the area as described as receiving and processing area as shown on Exhibit D, and that the fee be set at $250 for the balance of the current year, to 12-31-83. Motion carried unanimously. VARIANCE - DOUBLES GARAGES/RED OAKS ADDITION Chairman Bosell reviewed the Planning Commission's recommendation to allow the variances for the five doubles in Red Oaks. The two end lots will need variances for the size of their garages, and the three interior lots need a variance for the size of their garages and for the sideyard setbacks. The sideyard setbacks would be 8 feet instead of the required 10 feet. It was also the Planning Commission's understanding that there Regular City Council Meeting August 16, 1983 - Minutes Page 3 (Variances - Doubles Garages/Red Oaks Addition, Continued) was one fee to be charged and that the five properties would come in under the one variance. The Clerk explained she suggested to Mr. McQuay that it be done as a class- action since each of the lots will need the same variance, and in that way the Council would need to act on the matter only once. There was some question on the interpretation of the ordinance as to whether a double garage is required for each unit of the two-unit residential building. The proposal is a total of a 24x24-foot garage for both units, but half would be on each end of the building. Stan Kerkhoff, Anoka, representing Mr. McQuay - explained where they would like to construct the garage. Mike Goodwin - presented a sketch plan to the Council of his proposal, showing the additlon to the original building to meet the minimum square footage requirement and the location of the garage on the existing slab. MOTION by Lachinski, Seconded by Elling, that variance be granted for sideyard setbacks from ten feet to eight feet pursuant to Ordinance No.8, Section 6.02, minimum requirements, for the following properties: 2108-10 140th Lane NW, 2118-20 140th Lane NW, and 2128-30 140th Lane NW, and make the payment for the fee for the variance to be collected at the time the building permit is issued on those properties; and that the variance also be granted from provisions of Ordinance 8U, Section 6.02, Minimum Requirements for Garages, on the following properties: 2118-20 140th Lane NW, 2062-64 140th Lane NW, 2108-10 140th Lane NW, 2128-30 140th Lane NW, 2140-42 140th Lane NW, for the reasons cited by the Planning and Zoning Commission. (See Resolution R86-83). Motion carried unanimously. APPROVE PLANS AND SPECIFICATIONS - KADLEC ADDITION Mr. Cook reviewed the plans and specifications for Kadlec Addition, and the Council and engineers reviewed the question of the radius of the cul de sac at the end of 169th. The owner on the end was concerned with matching her driveway. Mr. Schrantz stated they will work on that in the field. Council felt it would be reasonable to follow what has been brought up to the gravel standard. MOTION by Orttel, Seconded by Knight, introduce a Resolution approving Final Plans and Specifications for Improvement of bituminous streets in the area known as the Kadlec Addition in Section 9, IMP83-8, as presented. (See Resolution R87-83) Mot ion carried unanimously. APPEAL "NON-CONFORMING" STRUCTURE DECISION/NORDEEN ADDITION Mayor Windschitl explained the property is owned by Steven Orttel and the trailer on the property was overturned in the July 3 storm. Some residents in theiarea are ·appea 1 ing th staff decision to allow the trailer to be repaired. Building Inspector Dave Almgren stated he looked at the trailer along with the Building Inspector from Ham Lake, and both agreed the damage done was less than 50 percent of the total value. The Ham Lake Inspector wrote a note to that effect which is on file at the City. Therefore, according to the ordinance, the mobile home could be repaired. Robert Augden, 15528 Juniper - stated the estimated value of the trailer is $2,000 accordlng to the Buildlng Inspector, which leaves only $1,000 for repairs. It was tipped completely over so the wheels were up, all the windows were smashed out, and a hole was driven into the side because of a tree. He stated he had some damage by the storm, and what he considered minor amounted to over $3,000 worth of damage. He said in looking at the trailer, it doesn't seem reasonable that it was less than half destroyed even if the owner does all the work himself. Mr. Almgren stated in the Regular City Council Meeting August 16, 1983 - Minutes Page 4 (Appeal "Non-Conforming" Structure Decision/Nordeen Addition, Continued) letter he and the Ham Lake inspector wrote, they treated the trailer as having a value of $5,000, but that was just an estimate as they haven't had the time to investigate market values of mobile homes. Attorney Hawkins advised it should be based on fair market value. Mr. Almgren estimated there was $1,000 worth of damage. There was a hole in the back wall, but it has been repaired and is better than it originally was. Mr. Augden - stated he called the Building Inspector and asked for the figures, his concern now being the difference in the value of the trailer from what he thought he was told and what Mr. Almgren is saying this evening. But he thought it was so ridiculous at the time it was presented to him, and that is why he questioned it. Walter Riley, 566 155th - has lived in a trailer for five years, purchased new, a 1965 model tor $4,000, and lt depreciated in value. He found the figure of $5,000 value for a home as old as that:one hard to imagine. He was curious why someone didn't contact a mobile home dealer to come up with the true value of that home and the amount of damage. He didn't believe it had been repaired yet, thinking the front windows are still out, and that there is plywood in the back. He presented the Mayor with a letter from another resident in the area who was unable to attend the meeting. Mayor Windschitl read the letter for the record from David Hanson, 558 155th Avenue, who stated the trailer erodes the neighborhood, is an eyesore, and hoped after lt was rolled over in the July 3 that he was to see the last of it. Chet Conger, 450 156th Avenue NW - asked Mr. Almgren if he has done a final inspection of the trailer. Mr. Almgren stated no. Mr. Conger - stated the unit is rental property, is occupied at this time but is not yet completed. He asked if an electrical inspection has been done, as there is hodge- podge wiring on the outside. He didn't believe it was safe as it sits. He also asked if it is insured, and if the hole is going to be resided to match the original or if it is just going to be plywood. He asked if the Building In:spector would allow him to repair any hole on the side of his house with material that does not match the existing siding. He stated the lawn has not been cut in many months, he's tired of the beer cans out in the road, and he called the Sheriff last year when the renters had marijuana growing in the front yard. Steve Orttel, owner of the trailer at 15627 Kumquat, lives in Bethel - stated there were two wlndows that were completly busted out that he hasn't replaced yet, but they are covered. The lumber bill to repair the damage to the hole came to $31, stating the mobile home looks better now by far than it did before the storm. As far as the lawn, it is up to the tenant to mow it, as he hasn't been by there for the last three weeks. There was nothing broken as far as electrical or plumbing when it was overturned; it was just plugged back in underneath the trailer. The total cost to him for actual damage from the storm was $150, and the main cost of that was to get it back on its wheels. He did the work himself. He had an insurance man come out now, who valued it at $3,000, the amount they would insure it for. There were other things that he repaired, but they had nothing to do with the storm, which cost another $50. Mr. Orttel also stated he repaired the hole with better insulation than before, covered it with plywood and painted it to match the trailer. It sits behind the fuel oil tank so it can't really be seen, but it looks better now than it did before. Mr. Riley - was curious since the trailer rolled over, what damage was done inside. Mr. Almgren stated the only place he could see any damage was in the bathroom, and that was repaired better than it was. All the other utilities, furance, stove" are all nailed down in trailer homes and don't move. Sue LaMeau, 15634 Kumguat - lives across from the tailer home. As far as it looking any better, lt still lS not skirted. She stated it doesn't look any better, and almost worse because the skirting is not finished. She felt the owner of the property should Regular City Council Meeting August 16, 1983 - Minutes Page 5 (Appeal "Non-Conforming" Structure Decision/Nordeen Addition, Continued) have rules for his tenants on the upkeep because it is the biggest eyesore in the neighborhood. If the tenants would keep it up, she didn't think she'd feel the way she does. Mr. Conger - asked the Council to consider that if this is allowed to be a continued use, 1t 1S setting a precedent for reconstruction of a trailer. Mayor Windschitl advised the Council can leave the Building Official's decision stand as is, the Council can ask the State Building Office to make a review and report to the Council on the matter, or the Council could go out to an independent appraiser or contractor for an opinion on the matter. It was commented that some of the problems with these trailers appears to be other than the result of the storm, that possibly some regular inspection should be done to be sure these trailers, some of which are getting quite old, are still inhabitable. Mr. Orttel - stated he has the place up for sale now, selling it as a building lot, poss1bly to stay in the trailer while building a house. MOTION by Lachinski, Seconded by Elling, that we authorize the City Clerk to request a State Building Official to inspect the property at 15627 Kumquat Street and to provide the City with an opinion as to both the percent of damage to the trailer home and as to the inhabitability of the property. DISCUSSION: Councilman Elling also wanted to know the dollar amounts of value and damage if possible. Mr. Almgren stated the State Building Official will not provide those figures. Discussion was on whehter or not an independent appraier should be hired for that information. The Clerk was asked to get the estimated market value from the Appraiser's office. VOTE ON MOT! ON: YES-Elling, Knight, Lachinski, Windschitl; PRESENT-Orttel Mot ion carried. PARK EQUIPMENT - NORTHGLEN I PARK Council reviewed the memo for the request of playground equipment, picnic tables, and grill for the Northglen I park for a total cost of $3,200. Tim Casey, 3517 140th Lane - is involved with the neighborhood in trying to get the park started, not1ng the large number of children in their neighborhood with no place to play. He also requested the Council to consider putting "Children at Play" signs at the entrance to the Northglen Addition, noting the problems with drag racing, etc. MOTION by Orttel, Seconded by Knight, that the Council approve $3,200 for park playground equ1pment for Northglen I park as recommended by the Park Commission with the funds to be taken from budget item 45200-530, Park and Recreation Capital Outlay Improvements, and that "Children at Play" signs be installed in the vacinity of the park. DISCUSSION: Mr. Schrantz stated they will install the normal playground signs in the vacinity of the park, but the Council asked that he also look into other signs closer to Bill's Superette. Motion carried unanimously. GARY SMITH SEWER STUB REQUEST Discussion repeated the problem brought up under the Resident Forum on Mr. Smith's request to construct a new sewer stub straight out from his house rather than using the existing stub and run the line under his driveway or under his garage. Mr. Schrantz didn't think that elevation would be his problem, feeling Mr. Smith would have to insulate in either case. His recommendation is to preserve the street, that Mr. Smith should consider the licensing costs involved for the contractors and the specifications that would need to be met in installing the stub at the street, plus the potential dewatering problems, soils problems, etc. If Mr. Smith is allowed to do this, Mr. Regular City Council Meeting August 16, 1983 - Minutes Page 6 (Gary Smith Sewer Stub Request, Continued) Schrantz felt that all the costs incurred should be his and not the City's. Mr. Schrantz guessed that the line is either very close to or already in the water table, that a lot of problems may be encountered, plus the one-year warranty that must be posted. He felt that Mr. Smith has a service that adequately serves the property. Mr. Smith - stated he would sooner pay for the problem with the street than have to replace his driveway and have the sewer go across his lot. He was also concerned about having to have a gO-degree elbow in the sewer line by using the existing stub, having been told the potential for problems in such angles is greater; plus he felt he would have to have a heat tape around the pipe underneath the driveway to keep it from freezing. Mayor Windschitl stated if the stub had to be used, it would be his opinion that as much of the line as possible stay inside the house or garage rather than going under- neath the driveway. Councilman Orttel felt that Mr. Schrantz generally goes out of his way to accommodate the residents, and in this instance he must have a strong feeling to make the recommendation he does. Councilman Lachinski felt the key to the situation is getting quality construction, the right kind of pipe and insulation. After further discussion, it was agreed to let the engineering decision stand, and require Mr. Smith to use the existing sewer stub. Mayor Windschitl stated another concern of Mr. Smith was that he was not contacted as to where the stub should be located when it was installed, feeling there should be some way of contacting the owner of vacant lots for that information during these projects. Mr. Almgren stated normally the stub is placed in the center of a vacant lot instead of to one side. Mr. Schrantz felt it was put on the low end to maximize elevation, noting if the house had been turned around, the stub would have been in the right place. MOTION by Lachinski, Seconded by Orttel, acknowledging the request of Gary Smith to move the sewer stub located at 3635 145th Avenue and deny the request based on the engineer's preference to leave the stub at its current location. DISCUSSION: Councilman Lachinski also stated that the engineer typically goes out of his way to try to accommodate the residents as much as possible, and he thought what he hears Mr. Schrantz saying in this case is that if Mr. Smith does a good job on the construction, everyone will be better off. Motion carried unanimously. Recess at 9:30; reconvene at 9:39 p.m. JIM CONROY BUILDING PERMIT It was Attorney Hawkin's opinion that the Council does have the authority to initiate the variance in this instance. (Reference the discussion on this item at the August 15 Special City Council Meeting.) If the variance is initiated by the Council, no fee is required, and the Council can simply act on the matter. Mr. Almgren stated he has not yet talked with the contractor who worked over the red tag on this project, but he will be talking to them. The Council asked to be kept informed on this issue. Mr. Conroy - agreed to the rough-sawn cedar proposal made last evening. MOTION by Orttel, Seconded by Lachinski, that the Council grant a variance to Jim Conroy for the large metal garage on his property from the accessory building siding require- ments of Ordinance 8 and allow instead that the westerly side of the building which faces Crosstown Boulevard bè decorated in cedar as shown on the drawing, along with corner trim and fascia trim of cedar. (See Rèsolution R88-83) Motion carried unanimously. Regular City Council Meeting August 16, 1983 - Minutes Page 7 PETITION/WATER - UNDERCLIFT STREET/137TH MOTION by Orttel, Seconded by Elling, introducing a Resolution accepting the petition and declaring adequacy, accepting feasibility report, waiving public hearing, ordering improvement, and accepting costs for improvement of municipal water and service to property at 13727 Underclift Street as prepared. Motion carried unanimously. MOTION by Lachinski, Seconded by Elling, to reconsider the prior motion. Motion carr1ed unanimously. Discussion noted that a letter has not yet been received from the owner waiving the public hearing. It was agreed to table the matter until the next Council meeting to allow for that item to be received. MOWER/EQUIPMENT BOND ISSUE Discussion was on the use of the mower, with the Attorney advising that according to the Statutes, it could not be purchased with equipment bonds if it is used mainly for parks. It was felt that the mower would also be used for mowing the street shoulders and ditches. Discussion was postponed on this item until later in the meeting to allow the Attorney to review the Statutes again or to find an alternative method of financing. AWARD BID - MSA PRAIRIE ROAD IMPROVEMENT/83-4 MOTION by Orttel, Seconded by Knight, introducing a Resolution accepting bids and awarding the contract for the improvement of bituminous street under Project No. MS83-4 as presented, and direct the Mayor and Clerk to refund the bids of all but the two low bidders, and award the contract to Forest Lake Contracting, to be contingent upon the final acquisition of easements and of the State Aid approval. (See Resolution R89-83) Motion carried unanimously. CHANGE ORDER/NORTHGLEN II, PHASE 2 Because the City has not yet received a copy of the preliminary plat of Northglen II, Phase 2, it was agreed to table the matter to the next Council meeting or until the plat is received. It was also the Attorney's opinion that the Statutes are clear that the City cannot increase the size of the contract by more than 25 percent if it is originally bid on a unit basis. MSA STREET CONSTRUCTION REPORT Council reviewed the street maintenance proposal for 1983 as recommended by the Road Improvement Committee and the City Engineer. Councilman Orttel questioned whether the expansion of the City Hall parking lot should come out of the capital improvement budget rather than maintenance and sealcoating. Mr. Schrantz felt the $18,000 for seal- coating would cover most of the streets in the western portion of the City, not just the Meadowood area. He stated he would not be doing the one-inch overlay talked about earlier, but the area would only be sealcoated. Councilman Lachinski also explained the idea~on the shouldering is to do as much as possible with the money available. MOTION by Orttel, Seconded by Elling, introducing a Resolution that the City Council approve the Road Improvement's report for street maintenance and sealcoating for 1983 and authorize $6,000 originally allocated to sealcoating for the City Hall parking lot to the south of its present location. Motion carried unanimously. Mr. Cook then reviewed the MSA Street Construction report and map, the idea being to complete as much of the MSA system as possible in the shortest period of time by looking at bonding for those improvements based on the City's MSA allocations in the coming years. They are recommending .9 of a mile be designated on University Avenue, Regular City Council Meeting August 16, 1983 - Minutes Page 8 (MSA Street Construction Report, Continued) which would still leave .56 miles available for designation. On the top of Page 8 it was noted that the $269,210.79 should be shown as June, 1983. With the $202,000 available in the construction account in 1984, they are looking at bonding for improvement to allow the City to build additional roads inlg84. The City is able to bond for MSA roads up to its annual principal and interest payment of 50 percent of the previous year's allotment. For Andover it would be approximately $105,000 annual principal and interest over a 20-year period. The interest for the bond can come out of the maintenance account to the extent that the maintenance funds are available. MSA maintenance funds are put in the general fund, but the City can request up to 25 percent of the total allotment for the maintenance account to be used for bond interest. Mr. Cook stated the City would be able to bond up to $450,000 for five years without affecting the general fund. Councilman Orttel argued against bonding for the improvement of MSA streets, stating that is a new policy not used by the City previously. He was concerned with borrowing against future monies anticipated from the State, especially given the fragile state of affairs on the State level at this time. If the State Aid funds are cut off for any reason, the entire amount would have to come out of the General Fund. He was also curious about why South Coon Creek Drive was chosen to be improved when sewer and water has not yet been installed, having a problem with the overall construction pattern. Mayor Windschitl agrued the idea was to be able to do this without affecting the general fund, stating the monies for MSA projects come from the gasoline tax. He fe lt it was very unlikely the MSA funds from the State would be reduced or cut off, as that has never been done in the past, and these funds create jobs. The reason this is being suggested is to hopefully get more done for the money utilizing current construction costs and to try to solve some of the existing street problems sooner. Councilman Lachinski stated it was recognized that sewer and water would need to be installed in South Coon Creek Drive before it is improved. The rationale for bonding was to take advantage of potential interest rates and lower construction costs that might occur at this time, and it allows the City to accelerate the programs that have begun and to reduce maintenance costs on the gravel roads. It was also thought that if South Coon Creek Drive could be improved, it would cut off one to two minutes of service to the western portion of the City. The thought hadn't occurred to him that the funds would ever be cut off from the State; and if that were possible, the bonding route probably would not be feasible. By bonding, the City would be paying some interest, but he thought that cost would be made back by better construction costs and lower maintenance costs. Discussion was also on some of the suggested projects. Mayor Windschitl stated the people on the western portion of South Coon Creek Drive, as he understands it, expected to get sanitary sewer this year; and installing sewer into that area could be done with re lat i ve ease. The distance to the line is greater on the eastern end, which would be more of a problem; but this area had previously requested sanitary sewer but it was not ordered. The middle portion of South Coon Creek Drive is rural, feeling that portion could be built next year, as it is unlikely sewer will ever go into that area. Councilman Orttel argued that area is within the Urban Service Area, and a look on the map indicated it is designated for sewer in post-1990. It was also noted that Ham Lake is planning to complete 157th Avenue in 1984. Councilman Orttel also suggested that Ward Lake Drive be done, even in sections if need be, because of the large amount of traffic and the dust problem on that road. Mayor Windschitl suggested the need for Ward Lake Drive diminishesas Hanson Boulevard is extended north. Regular City Council Meeting August 16, 1983 - Minutes Page 9 (MSA Street Construction Report, Continued) Discussion continued on the pros and cons of the bonding proposal and on the priority for roads to be improved. Councilman Lachinski suggested the sequence of the projects may be negotiable, but felt the concept of bonding needs approval at this time. Councilman Elling felt that some criteria should be used for determining the sequence of the projects, whether it be traffic counts, maintenance costs, accidents, develop- ability, etc. Attorney Hawkins advised that the bonding fàlls outside the debt limit. MOTION by Lachinski, Seconded by Windschitl, that the Council direct the Road Committee to prepare a 1984 MSA project priority list for construction of MSA roads not to exceed the bonding capability of $450,000. DISCUSSION: Councilman Lachinski stated the motion does not specifically authorize the bonding, but it is the idea of bonding for the construction of MSA streets if the Council can agree on the priority of the projects. Otherwise, the Council could look at doing 2 or 3 projects through the 1985 period, possibly 161st and 157th. There would be approximately $220,000 in the MSA fund to work with each year; and if that is satisfactory progress for the majority of the Council, then bonding would not be needed. Councilman Orttel was concerned that the bonding is a major policy change for the City and was uncertain of how the bonding works in relation to the amount of MSA funds for each year of the bond. Mayor Windschitl and Councilman Lachinski WITHDREW the Second and the Motion and Mr. Cook was directed to prepare a more detailed report on the remaining balance of MSA funds in the event bonding were approved. It was agreed to add the item to the next Council Agenda. SWIMMING POOL ORDINANCE AMENDMENT Mr. Almgren explained the intent of the ordinance was never to allow swimming pools to be constructed in the front yard; however, the way it is currently written, that would be allowed. Chairman Bosell stated the Planning Commission recommended no change to the ordinance based on the same principal as allowing an accessory building in the front yard 60 feet from the front yard line. Mr. Almgren stated an accessory building needs to be made compatible with the principal structure; and a blue or green pool in the front yard would not look attractive. MOTION by Elling, Seconded by Orttel, that we amend Ordinance No. 46 as presented with the draft tonight as shown in proposed Ordinance Number 2. Motion carried unanimously. ORDINANCE 8 AMENDMENT/GENERAL MANUFACTURING MOTION by Orttel, Seconded by Lachinski, introducing an Ordinance amending Ordinance No. 8 adopted October 21, 1970, known as the Zoning Ordinance of the City, this would be Amendment No. 8V. Motion carried unanimously. RENEE FEARON BEAUTY SHOP SPECIAL USE PERMIT REVIEW MOTION by Orttel, Seconded by Knight, that the Council renew the Special Use permit tor the Fearon Beauty Parlor due to the fact that there were no complaints from the residents in the area. Motion carried unanimously. REGIONAL MEETING/LMC MOTION by Orttel, Seconded by Knight, that the Council authorize attendance at the one- day League of Minnesota Cities convention for those Councilmembers and staff members that wish to attend and limit the staff to two. Motion carried unanimously. Regular City Council Meeting August 16, 1983 - Minutes Page 10 SET DATE FOR BOND SALE Attorney Hawkins stated he will contact Mr. Peterson of Good Value Homes to be sure they have their plat to the City before the additional 25 percent change order is added to the project. They have posted their 15 percent of the total, including the 25 per- cent change; they just don't have the plat for Phase 2 to the City yet. The Counci 1 was concerned that the change order to the proejct for a 25 percent increase has not yet been discussed nor acted upon since no one from Good Value Homes was present this evening, but the amount being authorized for the bond includes that additional 25 percent change order. Attorney Hawkins recommended approving the Resolution. He wi 11 call Mr. Peterson tomorrow; and if he doesn't have the Phase 2 before the Council for final approval on September 6, the Council could then reject the bids or the extra funds could be put in the construction account for other projects. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution providing for the issuance and sale of a $1,015,000 General Obligation temporary improvement bond for 1983 as presented. (See Resolution R90-83) Motion carried unanimously. PLANNING COMMISSION REPORT Chairman Bosell stated they are working on the revision of Ordinance 8, meeting again this Thursday, hoping to have something ready by the first meeting in September. VOLUNTEER FIRE DEPARTMENT REPORT Fire Chief Frank Stone requested the City Engineer be authorized to investigate either doing something with the existing well to get rid of the sand or a filtering unit. The sand in the water is beginning to create maintenance problems with the pumper. MOTION by Orttel, Seconded by Lachinski, that the Council authorize the City Engineer to investigate with any consulting help if necessary to determine the problem with the sand in the well and cost of correction of that problem. Motion carried unanimously. MOWER/EQUIPMENT BOND ISSUE, CONTINUED Attorney Hawkins stated the Statute is clear on the financing of park equipment. He suggested the possibility of financing some of the street and fire department equipment out of the general fund. The Clerk has stated there is about $7,000 left this year that could be used, and the monies could be transferred for the payment of the mower. A sale on installment would have to be done within the existing levy limitations. Council agreed to table discussion on the matter to allow the Engineer and Attorney to investigate any other financing alternatives. 138TH AVENUE PARK PROGRESS REPORT Ms. Lindquist stated she sent letters to the affected property owners asking if they would be willing to donate the property. One was in favor, one said maybe, and one has not yet replied. She has not yet done anything relative to the economic development of property along Bunker Lake Boulevard, but she stated a firm commitment must be received from a potential developer of the property to develop the property in 1984. Mayor Windschitl also noted the City has received approval to use the Community Development Block Grant funds to offset the City's cost resulting from the July 3 storm if the City chooses to do so. MAYOR'S REPORT - WATER FEASIBILITY/ECONOMIC DEVELOPMENT COMMITTEE Mayor Windschitl reported that the cooperative agreement for the landfill is being held up at the Minnesota PCA for changes before being sent back to the EPA office in Washington. The county will be working to speed the matter up. He asked both Bonestroo and TKDA what their position would be to do a water feasibility study now and billing it Regular City Council Meeting August 16, 1983 - Minutes Page 11 (Mayor's Report - Water Feasibility/Economic Development Committee, Continued) in the future. Both firms are willing to do it. He has received draft proposals from both firms, and the proposal would include an update of the distribution system, a siting of the well, and the cost estimate. for a trunk distribution system. He didn't find out the answer as to whether .or not any money expended by the City for a water feasibility would then be reimbursed by superfund money. It's pretty clear it would be reimbursable if the money was spent after the cooperative agreement is signed. After some discussion on this item, it was agreed to get the pr-9posals in written form and the item will be added to the next Council Agenda. It was also felt that it would be helpful to have Doug Day from the MPCA present during that discussion to learn their position on the water feasibility study. Mayor Windschitl also suggested establishing an Economic Development Committee for the City, as the county is attempting to set up a Private Industrial Council of which Andover could be represented if such a committee were established. He has found three people willing to serve initially, suggesting an ad be run for soliciting more members. Those three people are Bob Peach, Dorinne Dillon, and Ed Fiori, recommending Bob Peach be made the temporary chairman of the committee. MOTION by Lachinski, Seconded by Knight, that we establish an Economic Development -Comm1ttee and approve the individuals suggested by the Mayor to serve until December: 31, 1984, and approve the appointment of Bob Peach as temporary chairman and authorize the Clerk to advertise for additional participation on the committee. Motion carried unanimous ly. APPROVAL OF SEALCOATING PROJECT/1983 MOTION by Orttel, Seconded by Knight, the Mayor and Clerk be authorized to sign the sealcoating agreement with Allied Blacktop Company, Inc., of Maple Grove, Minnesota, in the amount of $18,000. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 6854 through 6916 for a total of $48,352.78. Motion carried unanimously. APPROVAL OF MINUTES W'~' May 17, June 7, June 211 Special, June 21, Regular, July 5, July 13, u y 19, an August 2: Correct as wr1tten. MOTION by Lachinski, Seconded by Knight, that we approve the June 7 Minutes as written. VOTE ON MOTION: YES-Knight, Lachinski, Orttel, Windschitl; PRESENT-Elling Mot i on carried. MOTION by Knight, Seconded by Elling, the approval of the remaining Minutes as written. Mot1on carried unanimously, with the Mayor voting Yes except for those portions of the July 19, May 17, and May 3 Minutes that dealt with Kelsey Park. MOTION by Elling, Seconded by Orttel, to adjourn. Motion carried unanimously. Meeting ajdourned at 12:23 a.m. Respectfully submitted, \'1 G~G~¿ Marc lla A. Peach Recor ing Secretary