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HomeMy WebLinkAboutCC November 1, 1983 I ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING-NOVEMBER 1, 1983 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Survey - Sonsteby b. Variance - J. Sorgdrager c. Final Plat - Rolling Forest d. Final Plat - Indian Meadows e. Orchid Street Drainage Problem 5. Non-Discussion Items a. b. 6. Reports of Commissions, Committees, Staff 7. Approval of Minutes 8. ~proval of Claims 9. Adjournment -- CITY 01 ANDOVER M E M 0 RAN DUM TO: MAYOR AND COUNCIL COPIES TO: ATTORNEY, FROM: CITY CLERK/A. OATE: OCTOBER 27, 19 REFERENCE: AGENDA COMMENTS - NOVEMBER 1, 1983 REGULAR MEETING Item No. 3 - Agenda Approval Please add Item No. 4e (Orchid Street Drainage). Delete Item No.8. Item No. 4a - SurveY/Sonsteby Attached is a memorandum from T.K.D.A., covering their policy on the replacement of lot irons, if removed during an improvement project by their people or the Contractor. You will note they do not feel there is a responsibility to them or the City in this situation. It will be a Council decision on whether they feel we should pay all or part of the charges for the new survey to establish the corners. Item No. 4b - Variance/J. Sorgdrager Attached is the Planning and Zoning Commission recommendation for denial of the request. You will note from the comments that the Commission felt the variance should be approved, however, there was no language in the ordinances allowing such approval. A visual inspection does indicate there are other pole buildings on properties on the next block north of this, however, the size of these buildings could not be determined. In checking the aerials, it appears they are all considerably smaller than the primary structure. A resolution is not prepared, inasmuch as there is a question on whether the Council would feel that an exception could be granted based on the aesthetics of the area and the other existing buildings. Item No. 4c - Final Plat/Rolling Forest Attached is the final plat of Rolling Forest. The roads are completed with the exception of some shouldering. The developer feels this should be done by the meeting. If it is not completed, an escrow deposit of $3,000 will be required (Engineer's estimate x 50%). A favorable Title Opinion has been received. Park dedication fees have been paid; and a Maintenance Security (Letter of Credit) in the amount of $1,000 has been received. Payment for the signs has been made. A resolution will be prepared granting approval. Item No. 4d - Final Plat/Indian Meadows Attached is a memorandum from the City Engineer. You will note that several items are still not completed. A favorable Title Opinion has .. Agenda Comments November 1 , 1983 Mee1.._t1g Page 2 Item No. 4d - Final Plat/Indian Meadows (continued) been received. Inasmuch as this Plat was approved once with numerous contingencies which were not met within the 30-day period, it would be my recommendation that this be tabled to a future meeting in order to allow the developer to satisfy all requirements of the final plat. Item No. 4e - Orchid Street Drainage Problem Councilman Elling has requested that this item be placed on the agenda for discussion. The City Engineer will have a memorandum prepared for the meeting. Attachments P.S. Mayor Windschitl will not be in attendance at the meeting. ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 1, 1983 MINUTES The Regular Bi-Montnly Meeting of the Andover City Council was called to order by Acting Mayor Kenneth urttel on November 1, 1983, 7:32 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski Councilman absent: Mayor Windschitl Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; Planning and Zoning Commission Chairperson, d'Arcy Bosell; City Clerk/A. Administrator, P. K. Lindquist; and others AGENDA APPROVAL The following changes to the Agenda were suggested: Add . Items 4e, Orchid Street Drainage Problem; 4f, Sonsteby Easement; and 5a, Change Order/Prairie Road; and Delete Item 7, Approval of Minutes. MOTION by Elling, Seconded by Knight, that we approve the Agenda as amended. Mot i on carrIed unanimously. SURVEY - SONSTEBY The Clerk advised the Council that Ms. Sonsteby will not be present this evening but has requested the matter still be discussed. Acting Mayor Orttel reviewed Ms. Sonsteby's request that the City pay for the surveying and Certificate of Survey to replace a stake allegedly removed during a construction project. TKDA has noted their policy is their firm is liable only 12 months eVen if they did remove it. Acting Mayor Orttel felt that assuming a stake was placed when it was originally surveyed, it could have been removed when the City had done some construction through the area eight years ago, but he didn't know the City's liability toward the Certificate of Survey. Mr. Schrantz stated if it is assumed the City knocked out the stake, the City would be liable to replace the stake, but he thought the Certificate of Survey would be Ms. Sonsteby's expense. He wasn't quite sure what the cost would be to replace a stake, but he estimated it would be about $100. He also assumed it had to be resurveyed because of the description problems in Auditor's Sub. 82. Councilman Lachinski tried to establish whether the property would have had to have been resurveyed anyway to get the proper descriptions, in which case she would have incurred that cost even if the stake was still there. If Ms. Sonsteby would have had to have it resurveyed anyway, in his opinion it should then be done at her cost. A majority of the Council felt they would be willing to give Ms. Sonsteby the benefit of the doubt that the stake was removed and to reimburse her for'reestablishing that stake, but they did not feel the City had an obligation to pay for the Certificate of Survey she needed to sell the property. MOTION by Elling, Seconded by Knight, that we authorize the City Engineer to investigate the cost of replacement of the stake for Rosella Sonsteby and to reimburse her in an amount not to exceed $100. VOTE ON MOTION: YES-Elling, Knight, Orttel; NO-Lachinski, stating at this point he didn~t know, but it could well be that she would have had to pay the entire cost any way. Motion carried. Regular City Council Meeting November 1, 1983 - Minutes Page 2 VARIANCE - J. SORGDRAGER Chairperson Bosell reviewed the Planning Commission's discussion on this item and their denial of the request. She reviewed the section of Ordinance 8U that no permanent sheet metal, painted or unpainted, accessory buildings shall be allowed on parcels of three acres or less. Mr. Sorgdrager's property is 2~ acres. A problem with Ordinance 8U is that all the 2~-acre lots which are in the rural area are allowed to have horses, but they are not alluwed to have pole buildings, which are much less costly than having to put up a stick accessory building. She was not in favor of this amendment to begin with and felt it will create a lot of problems in the rural area 'and a lot of variance requests. The Planning Commission denied the request because there is no grounds for approving it, but the Planning Commission has a real problem with that portion of the ordinance. Mr. Sorgdrager's request was to put up a 30x48 foot pole building. Councilman Lachinski asked if the residents get informed of a variance request. Chair- person Bosell stated they did not, but Mr. Sorgdrager did talk with his neighbors and no one had a problem with it. There are other pole buildings in the area that were constructed prior to the ordinance change. Acting Mayor Orttel stated the idea behind the amendment to the ordinance was to protect the neighborhoods because of the initial appearance of some of these types of structures and the construction of large pole buildings where it may be offensive to the neighbors. By using the three-acre minimum, the intent was to eliminate the sub- divided property in the rural area of the City to protect the people's investment. Chairman Bosell argued it is a paradox that in the rural area where sanitary sewer is not expected until after 2020, if then, where critters are allowed to be kept, but that in order to put them in a building, it must be a framed structure which is considerable more costly. She stated she would like to see this amendment looked at again, feeling it doesn't meet the needs of the community. Councilman Elling asked what the use of the building would be. Mr. Sorgdrager - stated it would be for storage of cars, camper, etc. Chairman Bosell asked if he would be allowed to build the same building but put the siding horizontally. Council discussion was that the intent was to cover the building with aluminum or steel siding, but not the corregated panels. Nothing is mentioned about having a slab, but the roof would be more of a problem. But a pole-type structure could still be constructed and sheath it with wood and something other than a metal roof. MOTION by Lachinski, Seconded by Knight, to deny the variance request by Joel Sorgdrager for purposes to construct a pole building on a 2~-acre parcel of land which is located in the vacinity of 167th and Round Lake Boulevard, as the variance does not meet Section 4.05K of the zoning ordinance. DISCUSSION: was that Mr. Sorgdrager could still build an accessory building but with different materials. Council also questioned why he even applied for a variance because there is no provision under the ordinance to do so. The Clerk stated he was advised of the ordinance provision but was also told he could request a variance to see what the Council's position would ~. Councilman Lachinski ADDED TO THE MOTION: that it is not a hardship as required by the ordinance, and that since the denial of the variance is fairly cut and dried that the unused portion of the fee for the variance request be returned. Second Stands. (See Resolution Rl13-83) Motion carried unanimously. FINAL PLAT - ROLLING FOREST Mr. Schrantz stated the shouldering has been completed. The Clerk also reported that all fees have been paid and a favorable title opinion has been received. Regular City Council Meeting November 1, 1983 - Minutes Page 3 (Final Plat - Rolling Forest, Continued) MOTION by Lachinski, Seconded by Knight, that the Final Plat of Rolling Forest be approved and direct the Mayor and Clerk to sign the plat. (See Resolution Rl14-83) Motion carried unanimously. FINAL PLAT - INDIAN MEADOWS The Clerk reported all fees and the quit claim deed have been received and the only thing remaining is the development contract. Attorney Hawkins stated he received the information this noon, and the development contract has not yet been drafted. He recommended the plat be approved contingent upon the execution of that development contract. LYle McLaughlin - reported he has talked to all contractors involved, and they have not gotten the work done to Mr. Schrantz's satisfaction. Because of the winter coming on, it is felt it would be better to post the bond for a security agreement because they have a potential of a house starting in there this year. He just received the letter from Mr. Schrantz yesterday, gathered all the data, and gave it to Mr. Hawkins thi s noon. MOTION by Lachinski, Seconded by Knight, that we approve the Final Plat of Indian Meadows and authorize the Mayor and Clerk to sign the final plat contingent upon the execution of the development contract with the developer. (See Resolution Rl15-83) Motion carried unanimously. ORCHID STREET DRAINAGE Mr. Schrantz reviewed his recommendation in his October 28, 1983, memo to the Council to dig three-foot ditches on both sides of Orchid Street to control the water problem, estimating the cost to be $18,000. He also looked at the possibi lity, of ditching straight west from 17610 Orchid for approximately $14,000. That would mean piping the water under Orchid and a deep, approximately five·feet, ditch west to the low area. Another possibility would be to ditch only the east side of Orchid, explaining where the largest water problem is along the road. He then sketched the proposals on the blackboard for the Council and residents present. He didn't know how the project would be paid for, noting there are nine to ten lots that would drain to the low area to the west of Orchid if it were to be an assessment project. Mr. Schrantz also stated if the road were ever improved in the future, the work done now for the water drainage would reduce the cost of that improvement, stating this would be a permanent solution. Resident at 17611 Orchid - explained everything from 176th slopes down to the vacant lot just south of him and floods to within four feet of his windows in the spring. The water also runs from l75th;'and now that that is blacktopped, he felt there would be more runoff that would flow toward that area. He asked if there is any. code against a french drain, inserting a culvert to the water table with a grate ,on top of it to absorb the runoff. He felt that would be the least expensive method of solving the problem. He realized he is affected the most by the water problem, but he did not want to force an assessment on his neighbors because of it. If it is assessed, he felt the people along 175th should also be included. Council discussion with Mr. Schrantz and several affected residents that were present was on the proposal as to the depth of the ditches, their location, culverts, costs, funding, etc. Generally, the residents felt a french drain would solve the problem, even volunteering to help construct it. They also thought it should be constructed as soon as possible to solve their problem in the spring, though the Council did question whether PCA approval would be needed for such construction. Regular City Council Meeting November 1, 1983 - Minutes Page 4 (Orchid Street Drainage, Continued) MOTION by Elling, Seconded by Lachinski, that we direct the City Engineer to assist the residents with either expertise or equipment in constructing a french drain. Motion carried unanimously. Further discussion was on any City funds available and on the problem of the City not being able to work on private property without an easement. It was questioned whether or not the drain could be constructed within the road easement. MOTION by Lachinski, Seconded by Elling, that we authorize the Engineer to spend up to $500 to help solve this problem if it could be done meeting all the legal criteria that we have to meet. Motion carried unanimously. SONSTEBY EASEMENT Acting Mayor Orttel reviewed the action of the previous Council approving Rosella's Addtion but vacating the easement west of the Hagen property line. The issue being raised by Ms. Sonsteby's attorney is whether the easement west of Vintate was meant to be included in that vacation or whether the easement vacation was for that area between Vintage and the western property line of the Hagens. Attorney Hawkins clearly recalled· the action, stating the intent was to vacate only that easement between Vintage and the Hagen property line. The amendment.to the motion was only to define where the vacation of the easement would start from and going west to Vintage, and that is the way he drafted the Resolution. It is now a question of what the ·Cbuncil wants to do, explaining if the intent is to vacate the easement west of Vintage, it must be referred to the Planning Commission, a public hearing must be set, and the landowners notified. He felt Ms. Sonsteby wants the easement vacated. Mr. Schrantz stated when reviewing the plat this last time, he was working under the assumption that that westerly portion of the easement had already been vacated. The Council recalled that that westerly portion of the easement had not been vacated but felt that it may have been determined that it is not necessary. Chairman Bosell also noted that in the platting of Rosella's Addition, there was a recommendation that the City vacate that westerly portion of the easement if she would construct a turnaround off Woodbine to complete that street. Ms. Sonsteby agreed, but that turnaround has not yet been constructed. Council discussion was she should be reminded of that agreement and to ask her intention toward that pbrtionof the easement in question. MOTION by Lachinski, Seconded by Elling, that we direct the City Engineer to contact Mrs. Sonsteby requesting her intention of what she will do with the upgrading of the cul de sac on Woodbine Street in conjunction with the Council considering vacation of street easement over Lot 3, Block 1, of Rosella's Addition. Motion carried unanimously. CHANGE ORDER/PRAIRIE ROAD MOTION by Lachinski, Seconded by Knight, that we approve Change Order Number 1 for Prairie Road Project Number 83-4 in the amount of an additional $l,930.30. M~ioo carried unanimously. ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT Fire Chief Frank Stone requested approval to purchase two used breathing apparatus for $1300. It is a budgeted item. MOTION by Lachinski, Seconded by Knight, that we authorize the purchase of breathing apparatus for the Fire Department in the amount of $1300. Motion carried unanimously. Regular City Council Meeting November 1, 1983 - Minutes Page 5 (Andover Volunteer Fire Department Report, Continued) Chief Stone reported they want to change the Department's bylaws to have the position of Fire Marshall be appointed rather .than elected. Because the money used to train the Fire Marshalls is quite an expense to the City, if the Fire Marshall were changed every year, it could be quite costly. The recommendation is to appoint them through the Personnel Committee of the Fire Department. The Department will be voting on that proposal at their November meeting. Chief Stone also stated he would like to see the 1982 Fire Code set of books purchased to have them at the City Hall for use of the public and the police. He noted he has a set in his office, but it is inconvenient for the police to use when needed. Council discussion was that the books cost approximately $198, that the bylaws state a set will be at the Fire Station and at City Hall, but questioned how often they would be used. It was generally felt that the expense does not warrant a set at City Hall at this time. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 7145 through 7188 for a total of $258,953.10. Motion carried unanimously. MOTION by Knight, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 9:29 p.m. Respectfully submitted, \~~~~è~? ~ . ~ ,/\ ¿ Marc la A. Peach Record1 g Secretary --