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HomeMy WebLinkAboutCC August 6, 1985 CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: AGFNOA rOMMFNT~ _ AIIGII~T 6, lqA~ MFFT1NG Item No.3 - Agenda Approval Please add Item No. 6h (Coon Creek Watershed Hearing). Also add Item No. 7g - ~noka County/Warning Sirens-Meeting Date) aNd Item No. 7h - (Special Joint Meeting w/Park Board). Item No.4 - Public Hearing/IP85-2 (164th Lane Street Improvement) A petition has been received for this improvement, as has the Feasi bility Report. A resolution will be prepared to order/ abandon the proposed improvement. Item No.5 - Continued Public Hearing/IP85-13 (Stack Addition) This hearing is continued from the July 16 Meeting. An amount of $15,500 is remaining in the Construction Fund from the 82-7 Street Improvement in this area. The engineers were directed to review other means by which the drainage problem could be resolved at a lower cost; and to determine if all easements could be secured at no cost. Note: this Hearing was advertised for 8:00 P.M.). Item No. 6a - Variance/C. Johnson Ms. Johnson is requesting a variance to allow her to construct a 3-season porch which would encroach approximately 6' into the required shoreline setback. The Planning and Zoning Commission recommendation for approval of the request is attached. It is recommended that this variance be approved noting that the structure shall not be constructed with a basement. Item No. 6b - Drainage/R. Wicklund This item has been tabled from previous meetings to allow the City Engineer time to obtain approval of the proposed work; and to determine the impact of the work on adjoining properties. He met with Mr. Wicklund on July 31--information should be available by the meeting. Agenda Information August 6, 1985 Meeting Page 2 Item No. 6c - Petition/IP85-14/Lund's Round Lake Estates Enclosed is a petition for the improvement of bituminous streets in the Lund's Round Lake Estates area. Because of the high majority of residents requesting the improvement, we are having the feasibility report prepared--it will be ready for your review. The time of the year also dictates that this project must move right along if it is to get completed during the 1985 construction season. Resolutions are prepared to accept petition, declare adequate, order feasibility report, accept feasiibility report and set public hearing for August 20. Item No. 6d - Petition/IP85-15/144th Lane Frontage Road Enclosed is a unanimous petition for the improvement of this service road. Again, because of the unanimous petition and the time of the year, the feasibility report has been requested and wi II be avai lable before the meeting. Resolutions are prepared to l)acceÞt petition, 2)declare petition adequate, G)order feasibility, 4)accept feasibility and 5)set public hearing date for August 20. Item No. 6e - Approve Sealcoat Project The two areas proposed to be sealcoated this year are the Stenquist Addition and the Alladin Acres/Xenia/161st Area. The estimated cost i s approximately $30,000 (this would include an overlay on the City Ha 11 parking lot. A motion is needed to approve and authorize the advertisement for bids. Item No. 6f - A~ópt Shoreland Zoning Ordinance This item has been tabled from previous meetings. You have received information from the D.N.R. relative to their interpretation of various provisions in the ordinance as they relate to water table, etc. A motion is needed for approval. Item No. 6g - Public Works Truck The City Engineer is reviewing the compression tests and the mechanical reports on the water truck and will have a recommendation for the meeting. They will se 11 the truck for $7,500, so no additional monies will be needed. Item No. 7a - Waive Fees/Ordinance No. 39 and Ordinance No. 65 A motion is needed to approve a bingo permit per Ordinance 39 and a Gambling Device Permit per Ordinance No. 65 for the Andover Volunteer Fire Department Fun Days; and provide to waive all permit fee s. Item No. 7b - Lions Club/Temp. On-Sale NI Liquor License Appl ication and the required $10.00 Temporary Permit Fee have been received. A motion is needed to approve the License for August 10 and August 11 (Andover Fun Days). Agenda Information August 6, 1985 Meeting Page 3 Item No. 7c - Appoint Representative to Rum River Watershed Board Enclosed is a memorandum from the City Engineer covering the appoint- ment to this Board. Inasmuch as the City Engineer and Counci lman Knight have been working on this Committee and are familiar with the organization, I would recommend they would be appointed as member and alternate. Item No. 7d - Accept Resiqnation/P&Z Commissioner You have received the resignation of Don Spotts from the Planning and Zoning Commission. Three other residents were interviewed three months ago at the time Mr. Ward was appointed, however, they have all been placed on the Community Development Committee. The Council may want to select one of these people for the Commission and place someone else on the CDC. Item No. 7e - Accept Resignation/Secretary You have received the resignation notice of Marcie Peach from the position of Staff Secretary. She is returning to the teaching profession and wi II no longer be able to maintain the 16 hours per week as my secretary. She will, however, continue to act in the capacity of Council Secretary. It is recommended that authorization be given to seek office help as needed on a full or part-time permanent basis. Item No. 7f - Kenne I License/J. Ba ill i e All dogs in Mr. Baillie's kennel are licensed. We have not received any complaints on the operation. A motion for approval is recommended. Item No. 8 - Reports of Committees, Commissions Andover Fire Department - No information has been received to-date. Item No. 9 - Approval of Minutes May 29, June 3, 4, 18, 25, July 2, 16, 18, 1985 Enclosures Item No. 7g - Date for Meeting County/Warning Sirens (Added) Anoka County would like to meet with Andover and neighboring cities at a Joint Meeting to discuss the options for the Sirens. A date of August 15 would give us time to notify the appropriate officials. Item No. 7h - Date for Meeting/Park Board Au~~sf 8 if bâinê recommendeq by. the Park Board to meet joi nt ly Wl hem 0 lS uss the revlsea park plans. CITY of ANDOVER REGULAR CITY COUNCIL MEETING AUGUST 6, 1985 AGENDA 1. Call to Order - 7:30 P. M. 2. Resident Forum 3. Agenda Approval 4. Public Hearing - IP85-2/164th Lane Street Improvement 5. Continued Public Hearing - IP85-13/Stack Addition-8:DO p.m. 6. Discussion Items a. Variance/C. Johnson b. Drainage/R. Wicklund c. Adequacy/Petition/Order Feasibility/Set Public Hearing - Lund's Round Lake Estates Street Impr. d. Adequacy/Petition/Order Feasibility/Set Public Hearing - l44th Avenue Frontage Road e. Approve Sealcoat Project Area f. Adopt Shore land Zoning Ordinance g. Public Works Water Truck h. 7. Non-Discussion Items a. Waive Fees/Ordinance No. 39 - Bingo, Ordinance No. 65 - Pull-Tabs - Andover Fun Days b. Lions Club/Temp. On-Sale NI Liquor License c. Appoint Representative to Rum River Watershed d. Accept Resignation/P & Z e. Accept Resignation/Secretary f. Kennel License/J. Biallie 8. Reports of Committees, Staff a. AVFD - Fun Days 9. Approval of Minutes lO. Approval of Claims 11. Adjournment ~ - ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 6, 1985 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on August 6, 1985, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, Wi 11 i am G. Hawk i ns; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others AGENDA APPROVAL The following additions to the Agenda were suggested: Item 6h, Coon Creek Watershed Hearing: 6i, WDE Site; 7g, Anoka County/Warning Sirens/Meeting Date; 7h. Joint Meeting/Park Board. MOTION by Elling, Seconded by Knight, to approve the Agenda as published and amended. Motlon carried unanimously. PUBLIC HEARING - IP85-2/164TH LANE STREET IMPROVEMENT Harlan Olson from BRA handed out sheets on the street improvement project on 164th Lane noting the proposal is to construct a 24-foot wide bituminous street with birm. The estimated cost of the project is $41,670 to be assessed among 12 lots at a cost of approxim~tely $3,480 per lot. That would be about $570/year at 10 percent interest. The Hearing was then open for public testimony. Jim Ritter, 3104 164th Lane - stated the estimate on the petition was based on ten lots. The proposal is to assess 12 lots, which lowers the cost of the project per lot. He asked what else could be done to alleviate the problem on the road other than blàcktop. Mr. Schrantz stated there are many arguments against Class V. It compacts but gets very washboardy. And it is dusty. If a Class V project were done on I64th Lane, it would probably be assessed. He didn't think it would be economically feasible to just do a Class V project on that road. Mr. Ritter - asked if the life span of a gravel road is seven years. Mr. Schrantz stated lt generally is about that length of time before the residents get tired of the dust and dirt and washboardy road. He stated he didn't think Class V would take care of the road. ~1r. Olson stated the cost of the bituminous is about $15,000; so a Class V project assessed back to the residents would be about $1,000 less than the proposal to blacktop the street. Raymond Koski, 16463 Round Lake Boulevard - asked if rock could be used instead of Class V, such as crushed granlte or crushed concrete. Granite doesn't break down. Mr. Schrantz stated crushed concrete is usually dustier than Class V. He doesn't know of anyone who used crushed granite. Crushed limestone has been used, which makes a hard base, but that too is very dusty. Tom Gonier, 3020 164th Lane NW,- asked if the maintenance of crushed rock would be more expenSlve than bituminous. Mr. Schrantz stated the most costly type of road to maintain is gravel, though blacktop is not maintenance free because it needs to be seal coated periodically. That cost comes from the General Fund. Mr. Gonier - asked what the additional cost would be if this were postponed for another year. The Engineers stated the construction cost index has gone up for a number of years. The cost of oil is a big item. It was estimated it would increase by at least 5 percent, possibly more. '"-' Regular City Council Meeting August 6, 1985 - Minutes Page 2 (Public Hearing - IP85-2/164th Lane Street Improvement, Continued) Jim Curtis, 3040 164th Lane NW - asked if the improvement will include an apron comlng off Round Lake Boulevard. Mr. Schrantz stated it will be similiar to what was done in Hugh's Industrial Park. Mr. Curtis - noted the possibility of a cross street on the end of 164th in the future. He asked lf the City would pick up part of the cost if the street becomes something other than a deadend. Mr. Schrantz stated no, unless it were designated an MSA street. Mr. Curtis - asked how long it would be before sanitary sewer and city water would be coming lnto the area, not wanting to construct a road and then have it tore up for utilities. The Engineers and Council noted there are no plans for utilities in that area at this time, explaining the restricted capacity of the existing facilities in the City and its present location in the Urban Service Area. Mr. Curtis - stated currently.thereis,adrainage problem at the end of the street on Round Lake Boulevard. Will this improvement take care of that? Mr. Schrantz stated there will be an 18-inch pipe at that intersection to drain the water away. Jim Perra, 3125 164th Lane NW - asked how many times the road is graded in the summer. Mr. Schrantz stated it lS graded about every three weeks. Mr. Perra - stated it needs regrading shortly after it is graded because of the sand. He felt putting down Class V is a band aid solution, that it will not solve the problem as well as blacktop would. He also understood there are other projec~being considered and wondered if a more favorable bid would be received if this project were combined with others. Mr. Schrantz stated there are two other proposals before the Council this evening, but they are two weeks behind the process of this one. The City would look at obtaining the best bid. Combining projects mayor may not be the most economical method. Merlyn Johnson, 3051 164th Lane NW - asked if there is ever a possibility of an east- west road belng bUllt on the sectlon line north of him. That is presently a road used to get back to the fields. Discussion noted the City discourages double frontage lots, that it probably would be more economical for the developer to put a tier of lots behind his lot. If a road were constructed along the section line, Mr. Johnson's lot would not be assessed again. That road has never been dedicated to the City; and in the platting process ofthat'property, the City could require the individual to close that road and place it elsewhere. There was also an explanation on the platting process. Mayor Windschitl then explained the Council's past practice of continuing on with a project once it is ordered unless the bids come in greater than 5 percent of the estimated price. Should that happen, the people would be called in to determine whether or not the residents want to continue with the project. Mayor Windschitl noted at this time the petition is 6 in favor of the project. The original petition had 7 in favor; however, one has since asked his name to be removed from the petition. Mr. Perra - clarified that his vote was in favor of the project. Gary Steinke, 3041 164th Lane - asked to change his vote to a no this evening. Mr.' Koski - stated his driveway is off Round Lake Boulevard, asking if he would receive the same assessment as the others on 164th. Mr. Schrantz stated he would. Mr. Koski - asked if that could be changed because he doesn't receive as much benefit as the others. He parks vehicles in the back of his lot off 164th. If someone were to buy his property, they would only have the value of his garage. At this time he stated he is opposed to the project. Regular City Council Meeting August 6, 1985 - Minutes Page 3 (Public Hearing - IP85-2/164th Lane Street Improvement, Continued) Ed Westpahl, 3060 164th Lane NW - is against the project because it is too expensive for what they wlll recelve. Mr. Johnson - votes no to the project. Council noted at this time it appears there are 6 in favor of the project and 4 opposed. MOTION by Elling, Seconded by Lachinski, to close the public input portion of the meetlng. Motion carried unanimously. MOTION by Lachinski, Seconded by Elling, a R¡!so;]ution ordering ,the improvement of bitumlnous street construction, Project No. 85-2, in the 164th Lane area and directing preparation of final plans and specifications, as presented. DISCUSSION: There was some concern on the part of the Council as to how all of the property owners in the project felt. Mr. Steinke - didn't think 6 yeses out of 12 lots represented a majority. He knew of one person who did not put his name on the petition, assuming a no vote. Mr. Curtis - asked once the Council accepts the motion to submit plans and specifications, lS there an opportunity afterwards to change their decision. Discussion noted at this point the City would start incurring some expenses. It was again explained that the residents would be brought back in only if the bid were 5 percent above the estimated project cost. Now would be the time to make a decision on this project. Mr. Curtis - asked to change his vote to no. Steve Olmscheid, 3021 164th Lane NW - stated he is opposed to the project. At this time the Council noted the petition reads 5 in favor, 6 opposed. Councilmen Elling and Lachinski WITHDREW the Second and the Motion. MOTION by Lachinski, Seconded by Knight, to terminate further consideration of the lmprovement of 164th Lane at this time. (See Resolution R079-85) Motion carried unanimous ly. MOTION by Elling, Seconded by Lachinski, to close the Public Hearing. ~lotion carried unanlmously. 8:13 p.m. CONTINUED PUBLIC HEARING - IP85-13/STACK ADDITION Ed Babcock, attorney representing several property owners involved in the project - stated he had no comment at this time, waiting to hear the proposals the City has to make. Mr. Schrantz recommended using Alternative IV to solve the situation, stating he talked with Clyde Russell last week about that alignment. The pipe would run down the center of Clyde Russell's two remaining lots, which disturbs the least amount of trees. It would pick up the pond behind Pat Mann's property and put a height limit on Pond I. It would be taken to the bank and discharged into the lowland. What the City needs is to have Clyde Russell provide an easement for that pipe and for flooding rights to the lowland to relieve the City of any damage that may be caused by it. He didn't feel that once everything iscstabilized in that area that it should be a problem for the lowland because the water meters off. Once the water is in the lowland, he felt it could take care of itself. Hèestimated the cost of the materials between $3,300 to $5,000, depending on whether an 8- or 12-inch pipe is used, and three days of labor for about $6,000, totaling about $11,000. He has not been able to get quotes from contractors to lay that pipe. He would do nothing with the dike. There is another alternative alignment to the north, and Mr. Russell was going to investigate that route further. Regular City Council Meeting August 6, 1985 - Minutes Page 4 (Continued Public Hearing - IP85-13/Stack Addition, Continued) Irwin Russell - stated he and his dad did walk through the areas. They thought there would be a possibility of going on the side of Horton's property. He felt that something could be worked out regarding the donating of easements necessary for the laying of pipe; however, they were concerned about the use of geothermal heating units. If everyone would start using these units, there would not be enough room in their field for all that water. Mr. Schrantz stated that could be a problem, noting other cities have been requiring the recycling of the water and other regulations on such units. Mr. Schrantz stated he hasn't yet established the level of the ponds, but suggested 875 be the elevation of Pond II so it doesn't impact anyone's basements. He asked residents to contact him if they are in any way impacted by any of the ponds so they can set the elevation of the ponds so no one is flooded out. Pat Mann - asked how much of his lot is flooded. He stated it would be nice to have a back yard again. Mr. Schrantz was not sure what elevation the water is now. Bill Gow, 16515 Argon - thought it was Pat Mann's septic system that everyone was worried about. He also thought the DNR has opposed any draining of the area; otherwise why couldn't a hole be dynamited in the ponds to have them drain down. Mr. Schrantz stated one of the things proposed last time was the relocation of that septic system. So far, however, it appears the system is functioning. He didn't think the dynamiting of the pond would help because of the number of clay layers in that area. Mike Gieske, 16604 Yakima Street - asked if the proposal is to take that $11,000 out of the constructlon fund for the street project in that area. Council stated it is. Council also discussed the problem with the geothermal heating units. Council generally agreed to have the Planning Commission look into regulating such units, but also expressed concern that the water coming from these units in this instance is being allowed to run onto other property, which is a form of trespass. MOTION by Orttel, Seconded by Elling, that we refer the matter of groundwater heating pumps to the Planning and Zoning Commission for their consideration of an ordinance to control the outflow from those systems. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that we authorize the City Engineer to negotlate with property owners for easements and to get bids on construction for the most feasible proposal to handle the water problem in the Russell/Stack area, and authorize the expenditure of up to $11,000 for those repairs to come from the previous _ construction project, Project 82-7. (See Resolution R080-85) Motion carried unanimously. When discussing the moving of the sewage system for Mr. Mann, Mr. Schrantz recommended waiting until the project is completed. Possibly after the project, the system may not have to be moved if it continues to function properly. Council agreed the system should be inspected following the project to determine if it meets standards. Mr. Babcock - confirmed that the action taken means the 429 proceeding is terminated and there will be no assessment to the property owners in the area. Council agreed. MOTION by Orttel, Seconded by Lachinski, to close the public hearing. Motion carried unanlmously. 8:38 p.m. VARIANCE/C. JOHNSON Planning and Zoning Commission Chairman Don Jacobson reviewed their recommendation to approve the variance request of Connie Johnson at 13326 Gladiola Street NW. Her request is for a 23' x 16' three-season porch, resulting in a 6-foot encroachment on the setback from the highwater mark. Regular City Council Meeting August 6, 1985 - Minutes Page 5 (Variance/C. Johnson, Continued) Connie Johnson - stated the neighbors to the north already have a variance to be less than 60 feet from the highwaten mark. It would not obstruct the view to the south because of the way the land lays. MOTION by Elling, Seconded by Knight, introducing a Resolution approving a Variance on shoreland setback as required by Ordinance No.8, Section 4.33, as requested by C. Johnson on PIN 33 32 24 34 0029. (See Resolution R081-85) Motion carried unanimously. DRAINAGE/R. WICKLUND Jim Hiltz, 4060 149th Avenue NW - stated he would not object to tabling this to the next meetlng Slnce Mr. Wlcklund cannot be here this evening. MOTION by Knight, Seconded by Elling, to table this item. Motion carried unanimously. ADEQUACY/PETITION/ORDER FEASIBILITY/SET PUBLIC HEARING - LUND'S ROUND LAKE ESTATES STREET IMPROVEMENT Council felt if the short stretch of Guarani is not included in this project, it will be very difficult to get done because only four lots are involved. Mr. Olson, BRA, stated that is included as an option. Mr. Schrantz stated he has been talking with the property owner about the extension of Guarani Street. The advantage to the owner is that 330 feet would be included as part of the side lot benefit and would be included in the project. The estimated project costs are based on gravel and pavement back to 330.feet. MOTION by Knight, Seconded by Elling, to accept the petition. Motion carried unanlmously. (This motion was later reconsidered) Council then noted that Guarani between 149th and 151st is not even constructed at this time, questioning if there is an easement for that road. Mr. Hiltz - didn't feel the rest of the project should be paying for the construction of that road. Their roads are constructed and have Class V. He didn't think he would benefit by the construction of Guarani and shouldn't have to pay for it. He asked if it is necessary to construct that extension of Guarani. Council noted the desirability of finishing up a neighborhood for maintenance purposes, etc. Also, Guarani is a logical through street. MOTION by Orttel, Seconded by Lachinski, to reconsider the prior motion. Motion carrled unanimously. MOTION by Elling, Seconded by Orttel, introducing a Resolution declaring adequacy of petltlon and ordering preparation of a feasibility report for the improvement of bituminous street improvements, Project No. 85-14, in the Lund's Round Lake Estates area. (See Resolution R082-85) Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution receiving feasibility report and calling public hearing on improvement of bituminous street construction, Project No. 85-14, in the Lund's Round Lake Estate area, with the perimeter of the project to be the same as shown on the feasibility r~port, including Option B. (Public Hearing set for August 20, 1985) (See Resolution R083-85) DISCUSSION: Council discussed the cost of that extension of Guarani Street. Mr. Schrantz stated this is a blacktop-type job, and those bidders are generally not interested in doing the road construction that would be necessary to bring Guarani Street through. Possibly it would be better for the property owners to bring that portion of the road Regular City Council Meeting AugQst 6, 1985 - Minutes Page 6 (IP-85-14, Lund's Round Lake Estates Street Improvement, Continued) up to the standards of the remaining streets on their own. It was finally determined that there is 60 feet of right of way on the west side of Lots 26 and 28. Council agreed that if the property owners choose not to do the rough work themselves, the four lots abutting the extension of Guarani would be assessed for the entire cost to bring the road to the same condition as the existing roads in Lund's Round Lake Estates. Then there would be a uniform assessment for all lots within the project for the blacktopping project. Motion carried unanimously. ADEQUACY OF PETITION/ORDER FEASIBILITY/SET PUBLIC HEARING - 144TH AVENUE/145TH AVENUE fRONTAGE ROAD MOTION by Orttel, Seconded by Knight, introducing a Resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of bituminous street construction, Project No. 85-15, in the 144th Avenue/145th Avenue frontage road area along Seventh Avenue, as prepared. (See Resolution R084-85) Motion carried unanimously. Mr. Olson of BRA estimated the cost of the project at $12,230, assessed to five lots at $2,550 per lot. Luther Romo, 14449 Seventh Avenue NW - asked how wide the road would be. Mr. Schrantz stated it would be 16 feet, probably with birm on the road side taking the water from the lots down to the end. They are going to look at cutting the road down with the City's grader, which would reduce the amount of grading and the assessment. They would be paving over what exists there now and they didn't feel there is any need to make the road wider to service those five properties. To make it any wider they would either have to cut into the yards or go closer to the road. As far as snow removal is concerned, the City would continue doing what it does now. Fa~ More, 14437 Seventh Avenue - asked if the road would be paved back to their present drlveways. Mr. Schrantz stated that cost hasn't been included in the project; but since everyone has finished driveways, possibly something could be worked out and assessed back to the property owners. That will be included at the public hearing. MOTION by Orttel, Seconded by Knight, introducing a Resolution receiving feasibility report and calling public hearing on improvement of bituminous street construction, Project No. 85-15, on the 144th Avenue/145th Avenue Frontage Road area, as prepared. (Public hearing set for August 20, 1985) (See Resolution R085-85) Motion carried unanimously. Recess at 9:14; reconvene at 9:27 p.m. APPROVE SEALCOAT PROJECT AREA Mr. Schrantz reviewed his July 31, 1985, memo on the sealcoating project of Stenquist, Alladin Acres, Enchanted Drive, etc., plus an overlaydf the City Hall parking lot, estimated cost of $26,000. MOTION by Orttel, Seconded by Lachinski, that we authorize the Engineer to proceed wlth the sealcoating project as proposed, including the overlay of the City Hall parking lot. Motion carried on a 4-Yes, I-Absent (Knight) vote. ADOPT SHORE LAND ZONING ORDINANCE Council discussion~was on the 'proposed ordinance and their concerns of being forced to adopt regulations thAt~may not be in the best interest of the residents of Andover, that another level of bureaucracy is being added, over the distance away from the lakes that is affected by this ordinance, and over the nonconformance regu]åtion. - - Regular City Council Meeting August 6, 1985 - Minutes Pªge 7 (Adopt Shoreland Zoning Ordinance, Continued) Planning and Zoning Chairman Don Jacobson stated that basically the numbers proposed in this ordinance are the same as those in the City's existing ordinances. After some discussion, Council passed the ordinance with the two changes. MOTION by Orttel, Seconded by Elling, that we adopt the Shoreland Zoning Ordinance as presented with the following changes: that we change the pari meter rule of the 1,000-foot requirement to 300 feet; and that wedtopthe section dealing with substandard nonconformance uses. Motion carried unanimously. PUBLIC WORKS WATER TRUCK Mr. Schrantz recommended no decision be made at this time. He stated the Public Works Department will continue looking for a water truck in an attempt to get a better deal. Mayor Windschitl asked if it were possible for the Fire Department and Public Works to jointly use a tanker. Fire Chief Bob Palmer stated the old Coon Rapids tanker doesn't hold very much water; but he thought it would be possible to get a unit that the two departments could share. They have talked about that possibility. Council agreed to have the Public Works Department continue looking for a water truck. UTILITY VAN Mr. Schrantz stated they have received the quotes for a 1986 three-quarter ton utility van. Brookdale Ford said they would provide a van to meet the specifications for $10,125. MOTION by Orttel, Seconded by Orttel, that we authorize the purchase of a 1986 Ford van from Brookdale Ford according to their bid price of $10,125. Motion carried unanimously. COON CREEK WATERSHEO HEARING Councilman Orttel reported the Coon Creek Watershed Board continued the public hearing on the repair of Ditch 57, etc., to August 12; however, the public input portion of the hearing has been closed. He explained he testified to the Board that the City still opposes the project, objecting to the errors in amounts, parcels, etc. The City had thought that by asking the Watershed Board to combine the project with some of the other ditches that the costs to the residents would be reduced; however, instead the cost has almost doubled. Also, the City still has not approved the project plans, which is required. Councilman Lachinski was also concerned about their pOlicy of the City having to pay for their tearing up the street during this project, the added costs of culverts, plus the city property that is being assessed. He asked if they provided any further documentation to justify the project. Councilman Orttel reported they had said 3800 acres in Andover floods, and this project will drop that in half. And they said the actual data had been sent to the Mayor and City Engineer. The obvious question is how long does it flood; because if it is for a day, that is good. There is also a question on the petitions, one being signed by a person who passed away several years ago, plus the question if the petition is for the cleaning of Coon Creek, does it also apply to the tributaries as well. The farmers themselves are saying they clean their own ditch and don't want anything further done to them. Councilman Orttel also noted that within the Coon Creek Watershed District of Andover, the water table is actually lower than before, so why is it being considered to drop it two more feet. Regular City Council Meeting August 6, 1985 - Minutes Page 8 (Coon Creek Watershed Hearing, Continued) Further discussion noted the only thing they recalled seeing from the Coon Creek Watershed engineer was a map showing the lowering of the water table two feet as a result of this project and showing the flooding of approximately 140 acres in Andover under existing conditions, not 3800 acres. Mayor Windschitl stated another problem is that with the huge assessment against the City, approximately 2/3 of the City's residents are being asked to pay for something they have no benefit of whatsoever. Councilman Orttel also stated there was a petition going around at the hearing calling for the abandonment of some of the branches because it is felt they are no longer needed. Attorney Hawkins advised that if the City wished, there may be grounds to proceed with a lawsuit if the project is ordered. At this point the Council generally agreed to attend the hearing on August 12 and to let stand the Council's previous Resolution opposing the project. ANDOVER VOLUNTEER FIRE DEPARTMENT Firefighter Linda Nordstrom stated the product for a demonstration of a drill of a simulated propane burn is being donated as well as the time of the State Instructors for the Andover Fun Days. She explained how it is done, as well as the "Christmas Tree" of pipes with product running through it. After some discussion, the Council generally agreed to the demonstration but directed that everything be done to protect the spectators for this drill and that of the demonstration of the car burn as well. Fire Chief Bob Palmer also informed the Council they will be proposing a full-time Fire Marshal in the 1986 budget. WAIVE FEES - BINGO - PULL-TABS/ANDOVER FUN DAYS Attorney Hawkins advised that as of July 1, 1985, this activity would be considered exempt under the State Statute, noting it will not be necessary for the Council to approve these activities. He suggested Ordinance 39 be repealed. No action was required by the Council, but it was directed that the repeal of Ordinance 39 be placed on the next Agenda. LIONS CLUB/TEMPORARY ON-SALE NI LIQUOR LICENSE MOTION by Knight, Seconded by Orttel, that we approve the temporary license for the Llons Club for August 10 and 11. VOTE ON MOTION: YES-Elling, Knight, Orttel, Windschitl; PRESENT-Lachinski Motion carried. APPOINT REPRESENTATIVE TO RUM RIVER WATERSHED It was agreed to appoint the City Engineer for a year until the organization gets established, after which an appointment of a resident can be made. Though the Council was concerned with this being added to the Engineer's workload, Mr. Schrantz was asked to inform the Council if it gets to be more than he can handle. MOTION by Orttel, Seconded by Elling, that we appoint Jim Schrantz as our representative to the Rum River Watershed Management Organization. Motion carried unanimously. Regular City Council Meeting August 6, 1985 - Minutes Page g ACCEPT RESIGNATION/P & Z MOTION by Orttel, Seconded by Elling, that we accept the resignation from Don Spotts from the Planning and Zoning Commission. Motion carried unanimously. Council directed the Clerk to advertise for the open position on the Commission. ACCEPT RESIGNATION/SECRETARY MOTION by Knight, Seconded by Elling, that we accept the resignation of Marcie Peach as staff secretary. Motion carried unanimously. The Clerk asked if she could hire someone to fill the position from the applications already received or should she advertise for the position as well. She also noted she would like to present a reorganization of duties for the office staff for Council consideration at the next meeting. After discussion, the Council directed that the position be advertised for, noting this is to be the policy for filling all open positions in the City. KENNEL LICENSE/J. BAILLIE MOTION by Knight, Seconded by Lachinski, that we approve the Kennel License application for J. Baillie. Motion carried unanimously. ANOKA COUNTY/WARNING SIRENS/MEETING DATE Mayor Windschitl stated a County representative wants to meet with the City of Andover in a joint meeting with several other cities regarding the installation of sirens in the municipalities in the area. MOTION by Orttel, Seconded by Elling, that we meet August 15 at 7:30 at the Andover Clty Hall with Anoka County and surrounding officials regarding sirens. Motion carried unanimously. JOINT MEETING/PARK AND RECREATION COMMISSION Council noted that the Park Board is planning to meet with the Council this Thursday, August 8; however, the Council has not formally set that as a meeting date. It is a meeting date of the Park Board. Councilmen Lachinski and Orttel indicated they are unable to attend that evening. Discussion was on the pros and cons of a park development referendum, on the timing of such an election, on the new matrix of park development submitted by the Park Board, on the alternative of increasing the capital improvements budget for parks in the General Fund to meet the needs of the Department, and on what is best for the City. Council noted the new matrix of park development is significantly improved over the previous one; however, it was felt it is still not such that the majority of residents, especially in specific areas, may be willing to vote for. There was also some concern about going out for a special election as to its costs and to the timing, especially in light of a possible Fire Department bond issue coming up behind it. The thought was possibly this referendum could wait until November, 1986, at which time it was felt a better representation of the feeling of the residents would be received because it is a general election. It was also thought that should a bond issue fail, it could be an indication that no increased monies should be spent in the parks in the future. There was also some sentiment for increasing the capital expenditures in the budget for these park improvements rather than going out for a bond referendum. The development w6uldnot take place as rapidly as if a bond issue were received; however, it was felt the end result would be the same, that this procedure would equate to that of a bond issue in about four years. It was then agreed that those who are able will attend the Park Board meeting Thursday evening to hear their presentation. Regular City Council Meeting August 6, 1985 - Minutes Page 10 WDE SITE/REPORT Mayor Windschitl stated he learned there will not be a third round of testing at the Waste Disposal Engineering Site, that their preliminary study shows there is no contamination at the deeper aquifers. The Generators are still saying they will have their August 30 report completed on time. He stated there have been some questions raised by various people, asking the Council's opinion on the City hiring its own expert consultant to study the test results, etc. to represent the City in this matter, and to raise questions in writing. Barr Engineering, who is working for the County, is not willing to represent Andover as well. The Mayor stated he strongly felt that Andover should have someone representing the City in this matter, feeling the EPA may be willing to listen to concerns raised by such a consultant if it is noted in writing by an expert. He suggested the firm of Hickok, guessing it would cost about $5,000. Mayor Windschitl continued that they have now found that there is an upward gradient on the landfill, and the thought is the creek is flushing out the landfill. He was concerned that if the City doesn't have some professional representing it, it will have to just accept whatever happens. There was some concern on the part of the Council that it will not do any good since the City is not part of the agreement between the Generators and the EPA and PCA; however, others noted $5,000 is not that large of an expense to represent the interests of the residents of the City. It was agreed to obtain a proposal from Hickok and Associates as to costs and benefit to the City for consideration at the next meeting. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, to approve Checks 9840 through 9902 for a total sum of $268,663.05. Motion carried unanimously. APPROVAL OF MINUTES May 29, 1985: Page 5, discussion on watermain extension, "He thought they finally understood..." Delete "finally". June 3, June 4, June 18, June 25, July 2, July 16, and July 18, 1985: Correct as wrltten. MOTION by Orttel, Seconded by Elling, that we approve the Minutes of May 29, June 3, June 4, June 18, and July 18, as written and as amended. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that we approve the Minutes of July 2 as wrltten. Motion carried on a 4-Yes, I-Present (Elling) vote. MOTION by Orttel, Seconded by Lachinski, that we approve the Minutescof July 16 as wrltten. Motion carried on a 4-Yes, I-Present (Knight) vote. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 11:47 p.m. Respectfully submitted,