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HomeMy WebLinkAboutCC August 2, 1983 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 2, 1983 AGENDA 1 . Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Public Hearing - Street Improvement/Kadlec Addition b. Preliminary Plat - Rolling Fores·t Addition c. Sketch Plan - Lee Hennen d. e. f. g. 5. Non-Discussion Items a. Kennel License - J. Baillie b. Gambling Device Ordinance c. Temporary Non-Intoxicating On-Sale License/Andover Firefigher d. Final Plans Nordeen Addition/83-5 e. Final Plans 175th/83-6 f. Amend Ordinance 55 (Water Ordinance)· 6. Reports of Commissions, Committees, Staff a. By-Laws Committee b. Sealcoating of City Streets c. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment CITY 01 ANDOVER M E M 0 RAN DUM TO: COPIES TO: FROM: DATE: ,T!JT.V ? R 1 qR'~ REFERENCE: AGENDA COMMENTS - ATJC:;TJST ?, 1 QS1 REGTJr,AR MRR'l'TNG Item No. 3 - Agenda Approval Please add Item No. Sf - (Amend Water Ordinance) and Item No. 6b - (Sealcoating City Streets) . Item No. 4a - Public Hearing - Street Improvement/Kadlec Addition You have received a copy of the petition indicating a 75% "For" the improvement; you also have a copy of the Feasibility Report as prepared by B.R.A. Assuming the results of the petition will remain about the same, a resolution will be prepared ordering the improvement and directing B.R.A. to prepare final plans and specifications. Item No. 4b - Preliminary Plat - Rolling Forest Addition Enclosed is a copy of the proposed Plat as presented by Lary Carlson, as well as the Planning and Zoning Commission recommendation. This Plat was conceptually approved by the City Council. The variance being required is that of cul-de-sac length. Also enclosed is a letter from the Anoka Highway Department; the Plat is in compliance with their regulations. A resolution will be prepared granting approval. Item No. 4c - Sketch Plan - Lee Hennen Enclosed is a sketch plan for the development proposed by Lee Hennen and Tom Mattson. All lots appear to be in compliance with the Scenic River Ordinance. A variance will be needed for the length of cuI de sac. Conceptual approval is required from the Council prior to the developers proceeding with the proposed Plat to the Planning and Zoning Commission. Item No. 4d - Kennel License/J. Baillie Dr. Baillie is requesting a kennel license to keep more than three ( 3) dogs on his property at 1928 - 167th Avenue Northwest (east of Verdin St). You will note the property contains approximately 20 acres. All properties adjacent to Dr. Baillie's are much in excess of five acres. Approval is recommended. Agenda Information August 2, 1983 Meeting Page 2 Item NO~_6t~=-~lco~!1~9!_Ci~!Eeets -- -- -- You have received a memo from the City Engineer relative to the proposed sealcoating of streets in the City. His recommendation is that instead of a full sealcoating program this year, we go with patching and crack sealing. He will discuss this with you in detail at the meeting. Item No. 7 - Approval of Minut~~ May 3, 5, 17, June 7, 21, July 5, 13 Enclosures Agenda Information August 2, 1983 Meeting Page 2 Item No. 5b - Gambling Device Ordinance The Andover Firefighters are wanting to sell "Pull-Tab" Books as a money-maker for the Fun Days. In order to be able to do this, we must have a Gambling Device Ordinance per the City Attorney. In the event you may not be familiar with the "Pull Tabs", they are a little book that you purchase for 25¢/50¢. If you pull the tab and it shows three of any particular item, you receive a payback, amount dependent upon what the items are. Enclosed is an ordinance which will meet all Statute requirements. Item NO. 5c - Temporary License - Andover Firefighters The Firefighters are applying for a temporary license to allow them to sell beer to the public at their Andover Fun Days. They plan to set up two locations, i.e., one at City Hall and one at the Fire Station (the reason for the two being that activities will be going on at both locations at the same time). This is for August 14, 1983. The fee for a Temporary License pursuant to Ordinance 28 is $10.00. Item NO. 5d - Final Plans/Nordeen Addition-IP83-5 BRA will have copies of the Final Plans and Specifications available for your review at the meeting. A resolution will be prepared accepting the FPS and ordering advertisement for bids. Item No. 5e - Final Plansj175th Avenue - IP83-6 See Item 5d. Financing on this project and the Nordeen Addition will be from the proceeds of the bonds sold for the 1980-3 Project which were not used in the construction of the project. The interest rate for that issue was 9.7; we assessed at the 1% over for 10.70%, therefore these projects should be approximately the same. Item NO. Sf - Amendment/Water Ordinance A review of the Water Ordinance has shown there to be a conflict in the policy for the manner in which delinquent bills are handled. Section 6 and Council Resolution No. 57-83, requires that water service be disconnected if a bill remains unpaid for more than 6 months, however Section 30 requires that the amount be certified. There still must be a "certification" provision for the individual who sells his home and refuses to pay a past-due bill, or as in some cases, we are unable to locate the previous owner and do not even know he is a previous owner until we hear a complaint from the present owner. The "Shut-off" policy is used by the majority of cities in the metropolitan area. Item NO. 6a - By-Laws Committee Attached is a copy of the new ordinance proposed by the By-Laws Committee. Proper procedure would be to first move to rescind Ordinance No. 26, and then approve the new Ordinance to replace Ordinance No. 26. ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 2, 1983 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on August 2, 1983, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight (left at 9:26), Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins; BRA Engineer Bob Shoenick; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Don Emmerich, Emmerich Construction, 2439 South Coon Creek Drive - applied for a buildlng permIt for a house on 162nd Lane and Potowatoml which was denied by the Building Inspector and the City Clerk. The question is on the classification and definition of what is a full two-story house, and he provided blueprints of the house he wishes to construct on the lot. He read several definitions of two~story houses from dictionaries and showed pictures of what is considered two-story homes from the realtor's guide. He took issue with the City classifying a two-story as the second floor having the exact same dimensions as the first floor, feeling con- sideration should be given to the full height of the walls of the second story. He stated very few two-stories have the exact same dimensions on the second floor as on the first. Discussion noted the lot is an R-2 zone, which requires a minimum of 1200 square feet for one-story homes, and 80 percent of that, or a minimum of 960 square feet, for the first floor of a two-story home. The home proposed has 1050 square feet on the first floor and 615 square feet on the second floor. The Builiding Inspector and City Clerk interpreted the ordinance that a two-story would have the same square footage on both floors; therefore, this proposal would not be considered a full two-story house and would not meet the ordinance requirements for square footage. The Building Inspector stated he has never seen a proposal such as this in the City before, but normally a l~- story house has wall heights of three or four feet. Mr. Emmerich - stated all the walls on the second floor are full height and the house would be classified as a two-story for FHA financing. Mayor Windschitl stated to his knowledge the City has never granted a variance for square footage in an R-2 zone. Mr. Emmerich - stated they are not asking for a variance but for a definition of a full two-story. Further Council discussion was that according to the interpretation by the staff, the type of two-story building that could be constructed in the City is very limited and that it would not allow for any of the new innovative architectural designs. It was agreed to add the item to the Agenda for further discussion. AGENDA APPROVAL The following additions were suggested: Item 4e, Emmerich - Building Permit; Item 5c2, Temporary Non-Intoxicating On-Sale License/Andover Lions; 5e, Amend Ordinance 55 (Water Ordinance); and 6b, Sealcoating of City Streets. MOTION by Elling, Seconded by Knight, that we approve the Agenda as amended. Mot i on carried unanimously. MOTION by Elling, Seconded by Lachinski, that we suspend the rules. Motion carried unanimously. Regular City Council Meeting August 2, 1983 - Minutes Page 2 PUBLIC HEARING - STREET IMPROVEMENT/KADLEC ADDITION Pursuant to Public Notice Published thereof, the public hearing for the street improve- ment in the area known as Kadlec Addition, Project Number 83-8, was called to order by Mayor Windschitl at 8:45 p.m. Mayor Windschitl reviewed the procedure for public improvements as set forth in State Statute 409 and Mr. Shoenick reviewed the feasibility report for the area. Mr. Shoenick noted the streets will be 24 feet wide with three-foot gravel shoulders, which is slightly narrower than normal. But they will be working with the existing roadbed. The proposal is to reshape the existing gravel and add another two inches of gravel plus l~ inches of bituminous. There are no drainage problems in the area, feeling the existing culverts and ditches function adequately at this time. The total estimated cost of the project is $40,400 for a unit cost of $3,110 on 12 of the large units and half that amount for the two smaller lots affected. There was no pUblic testimony given. MOTION by Lachinski, Seconded by Knight, that we close the public portion of the Kad lec Addition Street Improvement Hearing. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, introducing a Resolution ordering the improvement of bituminous streets for those streets in the areð k:lown as Kadlec Addition to be known as Project No. 83-8 as prepared. Motion carried unanimously. Mr. Schrantz asked the Council to consider approving the final plans tonight so that they could advertise and order the project along with the Nordeen Addition. Approval of the plans would be subject to review at the next Council meeting. Council agreed instead just to authorize the advertising for bids and to approve the plans when they are prepared for the next Counci 1 meeting. MOTION by Lachinski, Seconded by Elling, that we order the final plans and specifications for the Kadlec Addition and authorize the engineer to seek bids for the project. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that the Resolution approving Kadlec Addition Improvement and the subsequent motion ordering plans and specifications and authorizing bids for the project be combined into one Resolut1on. (See Resolution R077-83) Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that we close the Public Heraing for Kadlec Add1t1 on. Motion carried unanimously. Hearing closed at 7:57 p.m. PRELIMINARY PLAT - ROLLING FOREST ADDITION Planning Commission Chairperson d'Arcy Bosell reviewed the Commission's recommendation for approval of the Rolling Forest Addition preliminary plat being developed by Larry Carlson. He has not developed lots on all of the 56.5 acres of property, as the wet- land would be an outlot. One item left off their recommendation is that Lot 1, Block 1, and Lot Z, Block 2, shall front on interior streets. A letter from the County Highway Department was received, and Mr. Carlson is now the mortgagor, developer, and sub- divider. There was a letter from the Coon Creek Watershed Board on the assessment for the property, and Mr. Schrantz and Mr. Carlson met with that Board on July 25. She understood there is a letter forthcoming from them changing that assessment. Mayor Windschitl explained the Coon Creek Watershed Board is requiring large assessments from deve 1 opefS for storm water drai nage. He was at a Watershed Financing Committee meeting last week, and there is no assessment policy in effect at this point in time. He didn't understand how they could legally assess these developers. And the important point is the amount of dollars they were taking about, that being almost $2,000 a lot Regular City Council Meeting August 2, 1983 - Minutes Page 3 (Preliminary Plat - Rolling Forest Addition, Continued) for storm water drainage. The Financing Committee is supposed to come up with an assessment policy. There is a flooding problem on the creek right now, and they are trying to get money to build two or three regional ponds for storm water drainage. The Mayor aruged with them that in effect the people developing now or in the future are being penalized when the problem is already there. The Clerk stated the Financing Committee met again today, and the thought is now to eliminate the per-lot assessment -and go strictly on a per-acre basis" but they haven't come up with the specific figure. They are not allowing for the ponding on site any more. Council noted the question of the assessment of the Watershed Board shouldn't hold up the preliminary plat for the City's part, but it is an issue Mr. Carlson would need to resolve before the f1ling of the final plat. Discussion was then on the concern of the City Engineer of the wetland shown in the road toward the eastern portion of l66th Avenue, particularly if there will be water on both sides of the road. He suggested the pond be graded further to the north so the water would be further from the road. Mr. Carlson agreed to work with the engineer on site as the roads are roughèd· in to resolve the problem. Discussion also noted a 33-foot easement is required along the eastern boundary of the plat, that being the Andover/Ham Lake border, such easement needeðforthe extension of University Avenue. Mr. Carlson statea he had no problem with that easement. Mr. Schrantz also brought to the Council's attention the fact that the Comprehensive Park Plan calls for some nature trails through this area, asking if the Council wants to require designation of some easement for trails. Council generally felt that should be a Park Board recommendation, but noted the problem with dirt bikes and snowmobiles on such easements. Mr. Carlson - stated he would have no problem dedicating such an easement if the Lity would accept the responsibilityof·mairitaining them, also noting the problem with dirt bikes and snowmobiles on these types of trails. He didn't feel those trails would be -policed and related problems he has had in other developments with bikes knocking down trees, etc. Mr. Schrantz was asked to check with the Park Board at their next meeting to see what they would like to do in this matter. MOTION by Elling, Seconded by Knight, introducing a Resolution approving the preliminary plat of Larry Carlson's Rolling Forest Addition with the attached Anoka County Highway Department requirements and a 33-foot easement across the easterly side of the property for University Avenue Extension. (See Resolution R078-83) Motion carried unanimously. SKETCH PLAN - LEE HENNEN Lee Hennen,4780 147th Lane, was present. Jeff Cann, Cann Associates, survefor, 17720 Highway 65, Soderville - explained their proposal to subd1v1de approximate y 55 acres off Seventh Avenue 1nto seven residential lots and one large park. It is on the Rum River just north of Meadowood. They would need a variance for the length of the cul de sac. Council generally had no problem with the length of the cul de sac, but were concerned that the access to the park would not be from this development but from Meadowood, a considerable distance from these lots. Mr. Cann reviewed the aerial photo of the area noting the high and low areas, stating the park would be 14.7 acres of which seven or eight acres are high most of the time. Tom Mattson, 14940 Seventh Avenue - stated the ponds do fill up in the spring, especially to the north with water coming from the main channel of the river. Regular City Council Meeting August 2, 1983 - Minutes Page 4 (Sketch Plan - Lee Hennen, Continued) Discussion then noted the property is located within the urban service district, with the Council questioning if it wouldn't be more desirable to plat to the R-2 zone or even rezone to R-4, the speculation being the area may be served with sanitary sewer in about ten years or so. Mr. Mattson stated developing into one-acre lots would be more desirable tor them. Counc1l questioned if the ordinances would allow developing to the R-2 zone or smaller than 2~-acre lots, noting that would change the configuration of the road and could then probably provide access to the park from this plat. It was generally felt by the Council that 2~-acre lots in the urban service area is not the most desirable, especially since the Meadowood development to the south is already platted to one-acre lots, and the item was tabled until after the recess to allow the Clerk and Attorney to research the ability to allow this area to be platted into smaller lots. EMMERICH - BUILIDNG PERMIT Mr. Emmerich - stated it was just brought to his attention that Larry Carlson also had some problems along this line, and he has changed his c1assification as to a modified two-story requiring more than the 80 percent, suggesting the Council look into his Fox Meadow convenants Council discussion was·on the floor plan of the proposed house and on the interpretation of the City's ordinances. Council generally had no problem with the design of the house, feeling it would be very appropriat e in the R-2 zone and feeling it probably was not the intent to keep these types of homes out of the area when the ordinance was written. The intent and the interpretation of the ordinance were discussed at length. Mayor Windschitl stated the main objective of that provision was to preserve the area to the people with larger homes. But he felt there may be problems by strictly interpreting the ordinance to mean two floors with the minimum square footage,. In his opinion, this type of home more than meets that intent. Mr. Emmerich - felt the requirement of 960 on each floor would mean an extra room would need to be added behind the garage for add1tional space, bringing the price up to over $200,000, which puts the house out of the class of any other house in the area. He felt the home proposed fits in that class both structurally and dollar wise. Tom (1) , 2255 Eagle Street, Coon Rapids, potential owner of the home - stated with the interpretation-.of the staff, the particular design of a two-story is restricted to just one design. They chose this plan because from all the reading they did, it is a two-story home and was something that is unique and different. Attorney Hawkins stated the ordinance is vague and suggested amending it to clarify "full two-story". With the intent to maintain a minimum square footage of the house, he agreed with the Building Inspector's interpretation that a "fu 11" two-story house could be interpreted: to mean both the main floor and second story to be of the same size. Mayor Windschitl stated the 960 requirement was adopted when it was felt it was unreasonable to require 1200 square feet on the main floor for a two-story house. The change was to allow the smaller square footage on each level, but the Council didn't deal with what happens when the second floor is not as large as the first floor, as in this instance. Council discussion was on what procedure should be taken at this time to allow this home to be built, the suggestions being either to vary from the ordinance, to amend the ordinance, or to clarify the ordinance. The Attorney did not feel the first criteria for a variance, the hardship of the land, would apply in this instance, but stated the Council could pass a Resolution stating the City Council's position on the meaning of "full" to clarify the ordinance. Regular City Council Meeting August 2, 1983 - Minutes Page 5 (Emmerich - Building Permit, Continued) Discussion was on possible changes to the ordinance to clarify this situation; that it may not be desirable to change the ordinance with every architectural variance there may be; that some latitude should be provided to allow a home Of this type to be constructed; that possibly credit should be given for the second floor to meet the minimum 1200 square-foot requirement in the area; or that possibly two-story could be defined as the walls of the second floor being the normal 8-fbotheight and a minimum square footage of the second floor be set; or that a percent of the first floor be set as a minimum for the second floor; or that a combined minimum square footage for both floors be, say, 1500 with the first floor minimum of 960. It was noted that there are only a small number of these types of R-2 lots remaining in the City, but that any change in the definit10n would also affect the other zoning districts as well. MOTION by Orttel, Seconded by Lachinski, that the following as a clarification of Ord1nance 8, that being a full two-story home is interpretated to mean a home with a second floor whose ceiling is of a normal ceiling height and where when the ground floor area is under the minimum for single story home in the area, the second floor shall equal or exceed 55 percent of the ground floor square footage. (See Resolution R079-83) DISCUS~ION: Mayor Windschitl was concerned that the motion now deals with all zoning districts, which may be creating something in the other districts that is not desirable. He felt the problem is really in the R-2 zone, and felt the most effective method of correcting the ordinance is to have it go through the Planning Commission for an amendment. Councilman Orttel felt the only proper method to allow the home to be built at this time is through a clarification such as his motion, feeling the Council has that legislative authority. VOTE ON MOTION: YES-Elling, Lachinski, Orttel; NO-Knight, Windschitl Motion carried. MOTION by Lachinski, Seconded by Orttel, that we refer the provision of Ordinance 8 which deals with minimum square footage for full two-story homes to the Planning and Zoning Commission for consideration of new architectural designs that are currently available. Motion carried unanimously. Recess at 9:26; reconvene at 9:41 p.m. (Councilman Knight left at this time.) KENNEL LICENSE - J. BAILLIE Dr. Baillie stated it is not a commercial kennel butis;strictly a hobby situation. His dogs compete; and at this point he has six adult dogs, but he will have litters occasionally. He owns 20 acres, and the kennel is approximately 500 feet from the nearest house. MOTION by Lachinski, Seconded by Elling, that we approve the kennel license for John Ba1llie at 1928 l67th Avenue NW, and put a restriction on the license that no mo~e than six adult dogs be kept at the kennel at anyone time. Motion carried unanimously. SKETCH PLAN - LEE HENNEN, CONTINUED Mayor Windschi[lexplained in reviewing the ordinance amendments, it appears they could develop as the R-2 zone, ending up with at least 39,000 square feet of buildable land per lot. This is one of the last pieces of land in the City that would fit into this category because of the zoning within the urban service district. Regular City Council Meeting August 2, 1983 - Minutes Page 6 (Sketch Plan - Lee Hennen, Continued) Mr. Cann then showed a rough drawing of the layout of development with lots of at least 39,000 square feet, with at least two accesses to Seventh Avenue plus an access to the park. Council also suggested they may want to look at asking for a rezoning to an R-4 and plat to that size with the understanding that until sanitary sewer is available they would only be able to build on every third lot. Council also suggested a maximum of a 40-foot easement to the park with a 20- or 24-foot gravel road access constructed within that easement. It was also noted the area falls within the Scenic River zoning and must meet the provisions of that zoning district. Council gave conceptual approval to the R-2 zoning district but expressed no objection at this time to a rezoning to R-4 if the developer choose to go that route. The preliminary plan can now be brought before the Planning and Zoning Commission for the public hearings. GAMBLING DEVICE ORDINANCE Council discussion was on whether such an ordinance is needed or desirable for the City. The Attorney advised that the ordinance controls the licensable raffles, etc., as set forth by State Statute, and that without such an ordinance, any raffle, lottery, pull tabs, etc., held by organizations within the City are illegal. This ordinance gives the City the ability to legalize these things which are used by organizations to raise money. MOTION by Orttel, Seconded by Lachinski, that the City adopt Ordinance No. 65, an ordinance licensing and regulating the conduct of raffles and the use of paddlewheels, tipboards, pull tabs or ticket jars and providing penalty for violation thereof as pre pared. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, a Resolution setting fees for licenses for raffles, and so on, under Ordinance No. 65 at $25 for a one-year license fee, that fee to be pro-ratable depending on the time of purchase, with a minimum fee being $10 for any 1 icense. (See Resolution R080-83) Motion carried unanimously. TEMPORARY NON-INTOXICATING DN-SALE LICENSE/ANDOVER LIONS - ANDOVER FIRE FIGHTERS Councilman Lachinski stepped down to the audience to speak on behalf of the Andover Lions Club. He stated to resolve the insurance problem that the fire fighters had, and because the Lions are planning a softball weekend following the Andover Fun Day, the fire fighters have asked the Lions Club to take out the liquor license, to sell the beer, and then to turn the profits over to the fire fighters. He understood that the Lions Club has been depending on the Lions International dram insurance for their insurance requirements. Mayor Windschitl stated in the past the City has been provided with a certificate of insurance from the Lions Club, which would be needed in this instance as well. Council- man Lachinski stated he would investigate that further. MOTION by Orttel, Seconded by Elling, that the Council authorize the issuance of a temporary Non-Intoxicating Malt Liquor License for the Andover Lions Club for the City Hall sites for August 14 and August 20 and 21 for a fee of $10. VOTE ON MOTION: YES-Elling, Orttel, Windschitl; PRESENT BUT NOT VOTING-Lachinski Motion carried. ~ouncilman Lachinski returned to his Council seat for the remainder of the meeting.) Regular City Council Meeting August 2, 1983 - Minutes Page 7 PULL TAB LICENSE - ANDOVER FIRE FIGHTERS Mayor Windschitl asked if this is something that the City needs to do, his concern being having minors able to participate in the activity since the function is designed to be a family event. How important is it, as the Fun Day has been quite successful in the past without beer and pull tabs. Chief Frank Stone hoped that they would be allowed to have this activity, stating most churches have pull tabs at their festivals. And this year there are several other organizations'besides the fire fighters participating in the function, hoping to make the event more of a community function in the future. He also stated that the area where the beer is sold could be roped off with the pull tab activity confined to that area as well, which would provide for greater control to keep minors from participating in those activities. The other Councilmen felt that with discretion, there should be no problem with pull tabs, that it would be more acceptable if the activity could be confined to a certain area, generally feeling the activity would not be objectionable to the majority of the community. MOTION by Orttel, Seconded by Lachinski, that the Council authorize the temporary pull-tab devices license for the Andover Fire Fighters for the Andover Fun Days at the City Hall site for a fee of $10 for August 14, subject to the publication of the ordinance. VOTE ON MOTION: YES-Elling, Lachinski, Orttel; PRE~ENT-Windschitl Motion carried. FINAL PLANS - NORDEEN ADDITION (83-5) AND 175TH (83-6) Mr. Shoenick reviewed the final plans for the Nordeen Addition for 28-foot wide street, four inches of gravel, and l~ inches of bituminous with a bituminous curb. He reviewed the drainage for the development, noting the intent is to fill the City Lot 7 with the excess fill from the project and to provide the swale and easement entirely on that City lot. Mr. Schrantz stated the water will continue to go where it has always gone before, that no more water will be divered to that area but it will get there quicker as a result of the project. Because the area to which the water drains is a huge swamp area and no additional drainage will be added to the area, it was felt that no drainage easement would need to be acquired. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving final plans and specifications and ordering advertisement for bids for Project 83-5 for street improvement for those streets in the area known as the Nordeen Addition in Section 24 as presented. (See Resolution R081-83) Motion carried unanimously. Mr. Schrantz noted a problem off 155th Avenue west of Larch as to how far the road should be improved, hoping an easement could be negotiated from the landowner. Council said if the easement cannot be acquired and the road is not constructed that far, it should be understood by the landowner that the remainder becomes a private driveway and would not be maintained by the City. It should also be investigated as to whether or not the City has a cartway easement because it has been maintained in the past. Mr. Schrantz was asked to talk with the landowner about the situation. Mr. Shoenick and Mr. Schrantz reviewed the final plans for 175th Lane, also noting the swale and drainage ditch that will be required to go north from the road in the western portion of the project. They noted easements will be needed along two lots on the north side of 175th and asked the Council's opinion as to whether or not an easement will be required immediately to the north of those lots where the water will drain to, that land being just outside the project area. Regular City Council Meeting August 2, 1983 - Minutes Page 8 (Final Plans - Nordeen Addition and 175th, Continued) Discussion was the grade for the project is relatively flat, though it was felt that additional water may be drained into that area because of the birm even though it is a continuation of the existing natural drainage. If the easement is not donated, its acquisition would add to the cost of the project. It was determined if each of the four owners involved would be paid $500, adding $2,000 to the project costs, it would increase the per-unit assessment of the project by approximately $100. MOTION by Orttel, Seconded by Elling, introducing a Resolution approving final plans ãñ~ecifications and ordering advertisement for bids for Project 83-6 for bituminous street improvement for 175th Lane NW between Round Lake Boulevard and Quay Street in Section 5 with the final resolution of the drainage question in the northwestern portion of the project prior to the awarding of the bids. (See Resolution R082-83) DISCUSSION: Mr. Schrantz was directed to try to obtain the easements necessary with as little cost involved as possible, realizing any cost will increase the cost of the project. If the cost for easement acquisition becomes too high, the Council may have to reconsider the project. Motion carried unanimously. Mr. Shoenick noted there are five Tuesdays in August, and it would speed both projects up if the bids could be awarded at a special meeting on August 30. Mayor Windschitl stated he could call a special meeting once the bids have been opened and if there is no problem with them. If there is a problem, then it should go to a published agenda. BINGO LICENSE - ANDOVER FIRE FIGHTERS MOTION by Orttel, Seconded by Lachinski, that the Fire Fighters be allowed exemption under-the Bingo Licensing Ordinance based on the fact that their operation is part of a civic celebration and is recognized as such by the City Council. Motion carried unanimous ly. ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT Fire Fighter Tom May asked the Council's approval to enter into a joint purchasing agreement with the Metro Fire Purchase Association for the purchase of fire fighting equ i pment. It is felt that through this association the Department would be able to obtain better quotes on equipment because of the increased volume by combining with other fire departments. Starting next year, it is anticipated there will be an annual charge of $20 for dues per municipality. He also asked for approval to enter into a joint purchasing agreement with the City of Minneapolis to be able to purchase fire fighting equipment with the City or from Minneapolis' warehouse should the City want to do so. MOTION by Elling, Seconded by Lachinski, that we enter a Resolution authorizing the Andover Volunteer Fire Department to join in the joint powers purchasing consortium called the Metro Fire Purchase Association. (See Resolution R083-83) Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that the Council authorize the Mayor and Clerk to enter into a joint purchasing agreement with the City of Minneapolis as presented by the Fire Department. Motion carried unanimously. Chief Stone noted at the August 14 Fun Day there will be a dance ät the Fire Station from 8 to 12 o'clock, asking if a party permit is needed. Council noted because it will be indoor, no permit is needed. Regular City Council Meeting August 2, 1983 - Minutes Page g AMEND ORDINANCE 55 (Water Ordinance) MOTION by Elling, Seconded by Orttel, to accept the amendment to Ordinance No. 55, Ord1nance No. 55C, known as the Municipal Water System Ordinance adopted by the City of Andover May 5, 1981. Motion carried unanimously. EPA COOPERATIVE AGREEMENT - WATER FEASIBILITY Mayor Windschit1 reported the water feasibility study has been pushed back to some ~~. The agreement is hung up now trying to get the corrections made that the EPA wants. The first step is to run some tests to see if the deep drift aquifer is con- taminated, proving there is a hydrological connection between the shallow and deep drift aquifers. If those tests are positive, then the water feasibility study will be authorized immediately. If that test is negative, they will do a well pump test to measure residential wells to make a determination if there is a connection between aquifers, which is quite an elaborate testing procedure. If this test is negative, he felt the water feasibility study will be delayed and a risk of it being eliminated. The Mayor suggested two possibilities to the situation. One suggestion is to use the City's CDBG funds to have the feasibility study done by TKDA, noting that Good Value Homes will probably be coming in very shortly requesting services on their property south of Speedy Market on Bunker Lake Boulevard. Or should nothing be done at this time but possibly put some political pressure on the PCA and EPA to have the feasibility study done as a part of the cooperative agreement. Council discussion was on the concerns of allowing the bureaucracy to stall the water feasibility study or to make the decisions for the City, on the fact that the City would loose some control with the PCA's engineering firm doing the study, on the key question of the feasibility study being where the well would be located with the City Hall site being talked about as a possibility, and on the possibility of asking TKDA if they would be willing to do the study and to defray the costs until such time as the system is actually constructed. It was agreed that the City should urge the EPA and PCA to go ahead with the water feasibility study without delay, with this item to be added as an Agenda item at the next Regular Council meeting. It was also directed that it be researched as to whether or not any money expended by the City for a water feasibility study would be reimbursed with super fund monies, and that Mayor Windschitl talk with TKOA to see what they would be willing to do on the study. CDBG FUNDS/138TH AVENUE PARK Council noted the problems with the park proposals submitted by the City and agreed to authorize the staff to look into purchasing Site 3, the triangular-shaped land being suggested for the park. MOTION by Orttel, Seconded by Elling, that the Council authorize the Staff to make whatever arrangements necessary to get a proper description and probable costs for acquisition of lands for a park on the 138th Avenue and Bunker Lake Road area, Site 3. Motion carried unanimously Discussion was on possible uses of any remaining CDBG funds, with both reimbursement for City costs resulting from the storm damage and the acquisition of one of the parcels in the blighted Bunker Lake Boulevard area for resale to an industry which would employ the low and moderate income being suggested. It was noted the City's cost as a result of that storm is approximately $18,000. And to use the funds to acquire the lot requires an industry be found that would be willing to sign a letter of intent to buy or lease and develop the parcel the City would purchase. It was suggested a machine Regular City Council Meeting August 2, 1983 - Minutes Page 10 (CDBG Funds, Continued) shop, liquor store, new auto parts store, or other retail operation would be an acceptable business, but it was not known what the cost would be. I fthe City could control what is going in there, the cost to the new business could be made as nominal as possible. The Clerk was directed to approach the current owner of the property to see if he would be willing to sell and the approximate cost. SEALCOATING OF CITY STREETS There was some concern on the part of the Council that if the sealcoating is not done this year, it becomes very difficult to keep up in future years. On the other hand, the City's cost of approximately $18,000 as a result of the storm damage and cleanup needs to come from somewhere, with this budget item being one alternative. Also, approving it now would mean it would be done around the beginning of school, which is not well received by the residents. Mr. Schrantz stated the problem he has is that before the streets are sealcoated, the cracks should be cleaned and sealed, which hasn't yet been done because they have spent the last five weeks hauling brush. He would like to have another $3,000 to -$4,000 authorized to hire three or four CETA people to do that work, feeling cleaning and sealing the cracks will take quite a while to do. Even if no sealcoating is done this year, he would like to at least get the cracks done so it could be sealcoated next year and start in the areas with the highest priority. Mr. Schrantz also felt that the City Hall parking lot needs to be sealcoated more than any of the streets in the City. The next area to be sealcoated doesn't get much traffic, and he didn't feel it needed sealcoating at this time. After that area is the Potowatomi Street area, which he felt needs shouldering worse. Council felt that shouldering could come from gravel improvement projects, not from the sealcoating budget. It was agreed to get a unit bid on sealcoating and then the Council will decide how much to have done this year. Also, Mr. Schrantz was asked to find out if the City can get in under the County bid and to submit a ~eport to the Council as to how much is in the various budget items for road projects and what improvement projects are remaining for this year. MOTION by Lachinski, Seconded by Orttel, that we authorize the City Engineer to spend $3,000 in materials and manpower for preparation for sealcoating and to prepare a project itemization list for road improvements for 1983. DISCUSSION: was in the past only those roads that needed sealcoating were done. Mr. Schrantz stated he didn't feel any roads really needed to be done this year with the exception of possibly the City Hall parking lot; but next year there may be quite a few that need to be done. He again stated the biggest problem is the cleaning and sealing of the cracks. Mot i on carried unanimously. BY-LAWS COMMITTEE/ORDINANCE NO. 66 MOTION by Orttel, Seconded by Elling, that the City adopt Ordinance No. 66, an Ordinance repealing Ordinace No. 25A, 25B, and 25C, and establishing rules for the organization and procedure of the City Council of the City of Andover. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Lachinski, that we approve payment for Checks 6813 through b853 with the exception of 6827, for a total amount of $135,647.63. Motion carried unanimously. Regular City Council Meeting August 2, 1983 - Minutes Page 11 There was some discussion by the Council on concerns over the provisions of Ordinance 8, wondering iTitisn 't In the Council's and Planning Commission IS interest to get an ordinance that will meet the City's needs. Discussion was on why the ordinances have been amended the number of times they have and on the problems of writing ordinances to meet the needs of the City and the changing times. A suggestion was to write Ordinance 8 such that variances could be granted with greater ease rather than having to amend the ordinance when new situations arise. It was generally felt the new Ordinance 8 should be completed as soon as possible, possibly setting a deadline by which the Planning Commission should be finished with their revisions. No action was taken. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 12:23 p.m. Respectfully submitted, 'Yt~"LQ l:ct~;::L Marc lla A. Peach Recording Secretary