HomeMy WebLinkAboutCC February 19, 1985
~ 01 ANDOVER
REGULAR CITY COUNCIL MEETING - FEBRUARY 19, 1985
AGENDA
1 . Call to Order - 7:30 P.M.
2. Resident Forum
3. Agenda Approval
4. Public Hearing - Cedar River Hins Street Improvement-IP85-1
5. Discussion Items
a. Rezoning/D.W. Harstad Co.
b. Lot Spht/J. Johnson
c. MSA Designations
d. Hanson Boulevard Agreement
e. Street Lighting Policy
* f. Taxes/Kelsey Park Property
g.
h.
6 . Non-Discussion Items
a. Marcus Construction Litigation
b. Amend Ordinance No. 16/0pen Burning
c. Resolution/Late Fee-Junkyard Licenses
d. Approve Final Payment/IP83-5, 6, 8
e. Accept Woodland Terrace Feasibility Study
f. Accept MSA Easements
g. Order Assessment Roll/MS83-1
h. Accept Endloader Specifications
1. Approve Temporary Mobile Home Permit/Faber
j . Approve Newsletter Contract
* k. Rezoning Workshop
7. Reports of Commissions, Committees, Staff
a. Park & Recreation Commission
b. volunteer Fire Department
c.
8. Approval of Minutes
g. Approval of Claims
10. Adjournment
~ 01 ANDOVER
M E M 0 RAN 0 U M
TO:
COPIES TO:
FROM:
DA TE:
RE FE RENCE: AGENDA COMMENTS - FEBRUARY 1 g RRc:m.1I R MRR'T'TNC:
Item No. 3 - Agenda Approval
Please delete Item No. 6f (MSA Easements) '. Add Item No. 5f
(Taxes-Kelsey Park property) . and Item No. 6k (Rezoning Workshop)
Item No. 4 - Public Hearing/Cedar River Hills Street Improvement
This Hearing is scheduled for 8:00 P.M. The City Engineer and
Road Committee met with the property owners two weeks ago; this
Hearing is the formal Public Hearing required per MSA, Chapter 429.
Resolutions will be prepared ordering/terminating the proposed
improvement.
Item No. 5a - Rezoninq/D.W. Harstad Co.
Enclosed is the Planning & Zoning Commission recommendation for
denial of the request, citing as reasons being 1)there is other
land already zoned L-I available for such use, and 2) it is not
in conformance with the Comprehensive Plan. Also enclosed is
correspondence from Mr. Johnson of the Harstad Co.; and covers
sections of the Comprehensive Plan pointing to future development
along the BN RR trackage. (The Comprehensive Plan also indicates
that any industrial development shall occur in the Urban Service
Area--the area proposed to be rezoned is outside the urban service
area; therefore, any uses would have to be very restricted~ You
will also note the petitions received from property owners within
a quarter-mile area of the proposed rezoning. If the Council wishes
to rezone this property, it is recommended that it be a "conditional
rezoning, with an agreement on the type of development to occur" to
make it more compatible with the surrounding residential area.
Item No. 5b - Jeffrey Johnson/Lot Split
Enclosed is the Planning & Zoning Commission recommendation for
approval of the lot split w/variances as requested by Jeffrey Johnson.
If approved as recommended, one lot would contain 2.12 acres with
a frontage of 268.97' and the other would contain 2.18 acres with
a 260.71' frontage. The variances would be from the provisions of
Ordinance 8, Section 6.02 as referenced in Ordinance No. 40, Section I.
Item No. 5c - MSA Designations
Agenda Comments
February 19, 1985 Meeting
Page 2
Item No. 5d - Hanson Boulevard Agreement
This item is continued from the February 5 Meeting. Approval of this
Agreement would allow the County to proceed with construction on
Hanson Boulevard following acquisition of the right-of-way by the
City. The property owners on Ward Lake Drive north of 177th Avenue
met with County and City officials on February 7. After lengthy
discussions on ROW width, type of construction, etc. , the property
owners indicated by petition they would like to have the property
staked, etc. before making a final decision.
Item No. 5e - Street Lighting Policy
Most cities contacted do not have formal written policies, however,
the City of Champlin is currently adopting a Street Lighting Policy,
of copy of which is enclosed. (I have not seen it yet, therefore,
cannot comment).
Item No. Sf - Taxes/Kelsey Park Property
Because of the time of acceptance of the Windschitl property, taxes
were due in 1984. Attorney Hawkins will report and make a recommendation
on this item.
Item No. 6a - Marcus Construction
Attached is correspondence from the City Attorney covering the
request from Marcus Construction to enter into a Non-Waiver Agreement
to permit discussions for settlement on the claim. Both the
correspondence and the Agreement are self-explanatory. Mr. Hawkins
will cover this in detail at the meeting.
Item No. 6b - Amend Ordinance No. 16/0pen Burning
There have been some changes in Statute and MPCA Policy relating to
open burning. Enclosed is a new ordinance rescinding Ordinance No. 16,
and covering the new provisio~ A motion is needed for adoption.
Note: The primary change is that of formalizing the issuance of
burning permits by the local department.
Item No. 6c - Resolution/Junkyard Licenses
Enclosed is a proposed resolution to reduce the license fee for a
junkyard license to $350; and providing for assessing a late charge
of double the license fee if application with all required provisions
are not completed and filed with the City by January 10 of the year
following expiration of the current license. Such requirements to
become effective on January 1, 1986. The reduced license fee would
benefit those operators in compliance with the ordinance and
resolutions; and penalize those for whom considerable costs are
incurred by the City for the processing or revocation of their license.
r have also noted a provision for which legal action would commence
for "operatoring without a license" on February 1 of the year following
expiration of current license.
Agenda Comments
February 19, 1985 Meeting
Page 3
Item No. 6d - Approve Final Payment, 83-5, 6, and 8
This is the final payment to Aero Asphalt, Inc. in the amount of
$17,088.94, covering the work done in Nordeen Addition, Kadlec Addition
and 175th Avenue. A resolution is prepared for your approval.
Item No. 6e - Accept Woodland Terrace Feasibility Study
Attached is a memo from the City Engineer requesting that this
item be tabled until the developer presents his preliminary plat.
A draft copy of the Study has been prepared and will allow the
developer to utilize the figures for the type of development and
lots he decides to pursue for the Plat.
Item NO. 6f - Accept MSA Easements
Deleted
Item No. 6q - Order Assessment Roll/MS83-1
This is the roll covering Hanson Boulevard improvement from Andover
Boulevard to Constance Boulevard. As yet, no settlement has been
reached on Santa's Tree Farm, therefore, it is recommended that
this rOll/hearing be delayed so as to prevent the need for a
supplemental rOll/hearing. Attached is a memo from the City Engineer.
Item No. 6h - Accept Endloader Specifications
Enclosed are the revised specifications. A motion is needed for
approval and direction to advertise for public bids. A motion
should also be made to instruct the City Attorney to proceed
with obtaining proposals for the purchase of the Certificates to
cover the cost of the endloader. It is estimated to cost between
$80,000 and $110,000, depending on the options ordered.
Item No. 6i - Approve Temporary Mobile Home Permit/K. Faber
A motion is needed to approve a 90-day extension on the mobile
home permit issued to K. Faber. The existing permit expired on
February 8; this is the first renewal, and therefore, allowed per
ordinance. The property address is: 378 - 166th Avenue.
Item No. 6j - Approve Newsletter Contract
Attached is a Contract covering the publication of the Tri-City
Newspaper by Bergeron and Associates, Inc. It appears to be
acceptable, however, the City Attorney will review it.
Item No. 6k - Rezoninq Workshop
Enclosed is data covering a workshop on rezoning sponsored by GTS
and the University of Minnesota. It appears to be quite beneficial;
therefore, if anyone is interested in going please let me know
within the next week so a check may be written for the registrationy
Agenda Comments
February 19, 1985 Meeting
Page 4
Item No. 7a - Park & Recreation Commission
Merlyn Procniak, Park Board Chairman, and Melanie DeLuca, Community
School Advisor, will be present to discuss and obtain the Council's
feelings on utilizing the services of Ms. DeLuca as an advisor to
the Commission. She has had considerable training in park development,
etc. , and the Commission feels she would definitely be an asset to
them. The Mayor and I met with Jim Stewart, Community School Director,
to discuss this and other Community School proposed areas of function.
They will be furnishing us with a written proposal very shortly.
Item No. 7b - Andover Volunteer Fire Department
The Fire Chief and Mr. Mashuga will be present to answer any questions
the Council may have on the suspension appeal.
Approval of Minutes
January 15, 22, 31 , February 5, 1985
Enclosures
~ 01 ANDOVER
REGULAR CITY COUNCIL MEETING - FEBRUARY 19, 1985
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by
Mayor Jerry Windschitl on February 19, 1985, 7:30 p.m., at the Andover City Hall,
1685 Crosstown Boulevard NW, Anoka, Minnesota.
Councilmen present: Elling, Knight, Lachinski, Orttel
Councilmen absent: None
A I so present: City Attorney, William G. Hawkins; City Engineer, James
Schrantz; City Clerk, P. K. Lindquist; and others
RESIDENT FORUM
John Ward, 13611 Gladiola Street - humorously related events the Mayor and Council
have had this past year, ending by saying Thank You for a job well done in running
the City.
Charlie Veiman - also ribbed the Engineer for hitting mailboxes while plowing,
chided the Council for the length of the meetings, and commended the Council on a
job well done.
John Ho~lund, 370 Andover Boulevard - asked to have another six-month extension on
the moblle home permit, as the house he is building is only 2/3 complete. Council
agreed to place this item on the Agenda.
AGENDA APPROVAL
The following changes to the published Agenda were suggested: Delete 5e, Street
Lighting Policy; Add Item 5f, Taxes/Kelsey Park Property; Item 5g, Mobile Home
Permit; Hoglund; Item 6f, Accept MSA Easements; and 6k, Rezoning Workshop.
MOTION by Lachinski, Seconded by Knight, to approve the Agenda as amended. Motion
carrled unanimously.
REZONING/D. W. HARSTAD COMPANY
Planning and Zoning Commission Chairman Don Jacobson reviewed the Commission's
recommendation for denial of the rezoning request of the D. W. Harstad Company from
R-1 to Light Industry of approximately 27 acres lying south of Andover Boulevard,
east of the Burlington Northern railroad tracks, and north of Coon Creek. They
received a petition at the public hearing of 46 signatures, all opposed to the
rezoning.
Alton R. Johnson, reþresentin, the D. W. Harstad Company - explained he stated his
case clearly ln the ebruary , 1985, letter to the Mayor and Council as to the
reasons he felt the property should be rezoned.
Dou~ Steele, 643 140th Lane NW - stated the area is probably the last really adequate
resldential area wlthin the City of fairly large parcels. If the City starts spot
zoning, he felt it would reduce the valuation of the surrounding residents who built
their homes there knowing the area was all zoned residential. He also stated in
this community, there is more tax dollars from the people and houses than from
factories and asphalt. He stated there are large open areas for development from
Hanson Boulevard east to Ham Lake, which he felt should be closely guarded as one
of the nicest sites for residential housing in the northern section of the Twin Cities.
He didn't think the community will become, nor do the residents want, an industrial
commun ity. There is one train, intermittently running, per day on the railroad
tracks; and he wouldn't be surprised that in another ten years the track will be
gone because it is not a main line. He felt it would be better to have the businesses
along the Bunker lake Boulevard area where it would be inappropriate to have residential
housing. He also felt Andover Boulevard would not be able to handle the traffic from
an industrial area and would require rebuilding if this were allowed.
Regular City Council Meeting
February 19, 1985 - Minutes
Page 2
(Rezoning/D. W. Harstad Company, Continued)
Paul Mazzei, 935 Andover Boulevard NW - presented a copy of the January, 1985, "New
Homes" magazine WhlCh indicates the estimated value of new homes in 1984. Andover is
only third from the top of the list in such valuations. He stated the railroad tracks
are not a deterrent to the construction of residential homes, as many people have
already done it. His home is close to the tracks, and he didn't feel they are a
deterrent either. If this were rezoned to LI, he felt the adjoining property would
not be as appreciable to the next buyer, and this could have a snowballing effect
on the surrounding property.
Pat Anstett, 720 Andover Boulevard - dislikes the rezoning. She had become a member
of the P & Z because of the request to have the property rezoned two years ago. She
felt the Council made a good decision at that time of setting up industrial areas
in the City. She suggested people wanting to bring industry in should follow the
ordinances and go into the areas already provided for them. She's concerned about
the integrity of their neighborhood. She owns horses, and the neighborhood is the
type with a lot of horses and a lot of open space. She also has some aversion to
some of the potential uses of an industrial zone in that particular area should that
I and ever be so ld . She is also concerned about the size of the parcels to be rezoned,
not really agreeing with Mr. Johnson's explanation of why that size was chosen. She
and others have been interested in buying that property and found that the owner is
just not interested in selling anything less than the entire 85-acre parcel. Ms.
Anstett stated she didn't think the rezoning makes good community sense.
Mr. Johnson - stated they have a purchase agreement for the property with the stipula-
tlon that it must be rezoned for him to purchase the property. He is a general
contractor. He has a contracting business that deals in commercial only. And he
intends to put up a masonary building on the extreme back end of the property and
use it as a yard for the storage of his excavating equipment and materials.
Councilman Orttel stated two years ago the Council rezoned the City to provide for
Light Industrial areas. There are two areas in the City, and the large one to the
south has nothing on it at all. To expand that large of an LI area when there isn't
anything in it doesn!t seem to make a lot of sense. The Comprehensive Plan also
calls for future industrial development, if feasible, to occur within the sewered
area; and this area isn't. Mayor Windschitl also stated the Council has set up
zonings to protect the people who purchase property so they know what is going in
around them. In order to rezone, he thought they must look at what effect it might
have on surrounding and adjacent properties. In this case, he didn't think the zoning
is appropriate, as it doesn't fit into any of the plans the City has. There is
plenty of land in Andover that is set aside for this purpose that are on existing
zoning maps.
Dave Grorud, 14545 Palm Street - moved to the area in 1980, and there were a lot of
Council meetings at that time in which the residents spoke out, and the Comprehensive
Plan was in the process of being redone. That give the residents something they
could count on, something they could plan around; and it would not change the value
of their property. He agreed with the Mayor's statement. In the quadrant 1/4 mile
north and 1/4 mile east, there have been at least 15 homes built within the last few
years of about $1 million to $1.5 million worth of homes. He doubted they would have
built there if it had been known there would be industrial development just 1/4 mile
down the road from them. Also, Mr. Johnson is not the owner of the property, so it
is not as though there is a hardship to him personally if this was not rezoned.
Councilman Lachinski noted the Comprehensive Plan came first indicating industrial
development should occur first along the urban service area and then consider along
the railroad tracks for future industrial expansion. Then the Council did that by
Regular City Council Meeting
February 19, 1985 - Minutes
Page 3
(Rezoning/D. W. Harstad Company, Continued)
rezoning the land in the urban service area along the railroad tracks. And at that
time the decision was made that the amount of land rezoned was adequate to meet the
industrial needs of the City, noting this area was also cnosidered at that time for
industrial purposes but was left as residential.
MOTION by Elling, Seconded by Knight, that we deny the rezoning of D. W. Harstad
Company from Residential to LI due to the fact that it is not in compliance with the
Comprehensive Plan, and as per the recommendations of the Planning Commission.
(See Resolution R008-85) Motion carried unanimously.
LOT SPLIT/J. JOHNSON
P & Z Commission Chairman Don Jacobson reviewed the Commission's recommendation to
approve the Jeffrey Johnson lot split of property on the corner of Andover Boulevard
and Prairie Road. It was originally a five-acre parcel; however, because of the
acreage taken for easement when Prairie Road was constructed, the sizes of the two
lots are somewhat less than 2\ acres. One parcel is 2.12 acres, and the other is
2.16 acres. The lot frontages are also less than the required 300 feet. The hardship
was created because of the taking of the easement for Prairie Road.
MOTION by Knight, Seconded by Elling, that we approve the Lot Split for Jeffrey
Johnson at 14370 Prairie Road for the reasons given in the Planning and Zoning
Commission recommendations; and granting a variance as recommended for lot frontages
on each parcel; and also that the lot split be subject to the park dedication fee
of $100 per each lot. (See Resolution R009-85) Motion carried unanimously.
PUBLIC HEARING - CEDAR RIVER HILLS STREET IMPROVEMENT - IP85-1
Mayor Windschitl called the public hearing to order at 8:05 p.m.
Mr. Schrantz introduced Allen Olson from BRA, the engineering firm that prepared the
feasibility report. He also reviewed the feasibility report for the portion of
Aztec from 178th Lane to 181st Avenue plus 180th Lane. He explained a meeting was
held earlier with the property owners along all unpaved streets in the area, but
no other petition has been brought in. This hearing is based on the portion where
the City has received an adequate petition. They are suggesting a 24-foot mat with
bituminous birm on both sides and graded boulevards. The cost would be approximately
$3,885/10t using 16 lots, or 17 if the cemetery is assessed.
Bill Beck, 17958 Aztec - asked if they looked at the drainage along there. Mr.
Schrantz stated there are some drainage concerns, especially on 180th Lane and on
both ends of the road where it washes out. They will have to try to control the
drainage on either end and probably will not stop all the washout there. They have
talked to Larry Carlson, owner of the property on the east side of the road, and
possibly something may be worked out.
Harold Kirkeeide, 3950 180th Lane - stated now they are taking care of the flow down
180th Lane by beveling off the road to the east. Mr. Schrantz stated the water would
go down the common easement. To continue to let it go where it is, there will have
to be some soils erosion protection.
Mr. Kirkeeide - understood when the petition was circulated that they would be on
blacktop all the way to the main road. Mr. Schrantz stated no, only their street
and Aztec. There is no one to pay for 178th Lane because it is in Green Acres;
and 181st would have to be done as a joint project with Oak Grove.
Mr. Kirkeeide - can see the advantage of getting blacktop all the way to the main
road. What is the advantage of having just the particular streets proposed? Would
it be over a 10-year assessment? Does this have any effect on the tax base? What
Regular City Council Meeting
February 19, 1985 - Minutes
Page 4
(Public Hearing - Cedar River Hills Street Improvement, Continued)
about assessment for future upkeep of that road? Mr. Schrantz stated he didn't
know the advantage other than dust control and water control. ISOth Lane is the
City's biggest maintenance problem, and they would like to improve it. The Council
would set the assessment, but ten years would be the longest it would be, with an
ability to prepay it. There may be a slight increase in the value of the houses as
a result of the improved road. Mayor Windschitl noted 17Sth would be improved
whenever the property on either side of the road would be platted. But it is not
known when that will happen.
Mr. Kirkeeide - asked if, when such an improvement is done, that the rationale is
to get out to the main road. He can't see the advantage of this. Mr. Schrantz
again explained the reasons 178th and 181st cannot be included at this time. The
City is only reacting to the petition of the neighborhood.
Mr. Beck - asked if there is any consideration of doing the joint project of 181st
with Oak Grove. Mr. Schrantz stated that hasn't been pursued.
Branimir Cuetich, 3911 180th Lane - stated it is a county line and asked if the county
can take care of that road. Mr. Schrantz explained it is a city line, and there is
no way he knows of that county funds could be used to complete 181st. And the City
has no means of constructing that road.
Mr. Kirkeeide- asked the procedure now. He thought the petition was just to express
an interest in exp~oring the possibility of the project. Mayor Windschitl explained
the procedure, that tonight's meeting is to get the costs to the residents and the
feelings of the majority of the residents affected.
Mr. Kirkeeide - stated he hasn't had a chance to talk to any of his neighbors
about it. He can appreciate the advantage of cutting down the dust on Aztec. He
didn't think it will necessarily take care of the water flow on ISOth Lane, and it
isn't going to provide access to the main road.
Roger Toikka, 3S04 180th Lane NW - stated the individuals he presented the petition
to primarily reviewed the petition sheets themselves.
Allen Farmer - stated the Class 5 road on 181st is really pretty good and not as much
mud as 178th. If he had blacktop in front of his house, he'd drive north to 181st
and out. He felt it would be a tremendous advantage to himself, but felt Mr.
Kirkeeide's drainage problem should be addressed.
Mr. Kirkeeide - stated because of the way the road is being plowed now, the drainage
on ISOth Lane is the best its been in 12 years. Right now it is not a major problem
like it was before, though they still get some drainage. Once it is blacktopped,
he assumed the road would be leveled so the water conceivably could be substantially
much heavier and would wash out their yards. Mr. Schrantz stated the road will be
crowned, and all the water will go down the same area.
Mr. Cuetich - stated if the road is crowned, there is no place for the water to go.
It has to tilt.
Mr. Kirkeeide - stated if it is curbed and crowned, there will be 100 percent of
the flow into their cuI de sac;whe~easnow Aztec is tilted to the east to reduce the
flow considerably to the cuI de sac. Mr. Schrantz explained if 180th is crowned,
the water flow is split between both sides, goes down to the cuI de sac, and around
to the same drainage.
Mr. Cuetich - stated if it is crowned, the water will go down both his and Mr.
Kirkeeide's driveway. Mr. Schrantz stated they would keep the driveway up to keep
the water on the road and down to the swale.
Regular City Council Meeting
February 19, 1985 - Minutes
Page 5
(Public Hearing - Cedar River Hills Street Improvement, Continued)
Mr. Kirkeeide - stated there is a 10-foot drainage easement. If the water can be
handled and won't cause a major problem, it will be all right. But if they get 100
percent of the volume from that whole paved area down the cuI de sac, his fear is
there will be a tremendous erosion problem. Now the problem is being solved by
ti lting Aztec to the south, so much of the water is drainjng!' to the east or just
seeps into the ground. Once it is paved, he is concerned about the drainage if
Aztec is no longer tilted to the east. Mr. Schrantz stated he was talking about
crowning 180th Lane. Yes, they will keep all the water possible on Aztec and run
it off the other way. But the water off 180th Lane will still come nacing down
to the cuI de sac and out the swale.
Mr. Kirkeeide - understood the water from 180th Lane coming down the hill, but it
will be affected by the paving of Aztec. He didn't want to approve a project that
would have a negative effect on him. Mr. Schrantz stated they would not add any
more water on ISOth from Aztec.
There was a lengthy discussion between the engineers, Council, and Mr. Kirkeeide
about the drainge problem and Mr. Kirkeeide's fear of great erosion problems if all
drainage comes down 180th from Aztec. The Engineers stated this is just a feasibility
and all the details have not been worked out, but the intent is to keep as much water
as possible on Aztec and not create a problem on ISOth. It was felt the amount of
water going down ISOth from Aztec could be minimized.
Mr. Cuetich - stated there is no reason why the corner of ISOth Lane can't be cut
to the north and to the south and have Aztec crowned to the east and west to split
the water in four directions. Down ISOth and past Mr. Toikka's driveway, the road
could be crowned or tipped so everything runs down the drainage easement. Once it
is past the birms, it could be riprapped or directed with a culvert, so no one's lot
would be adversely affected or eroded. Mr. Schrantz stated they can look into
directing water off Aztec to the west or through culverts.
Mr. Kirkeeide - again stated he had no problem taking care of the flow from ISOth,
but he dldn't want everything from Aztec coming down there also. If culverts are
used, is thatipart of the assessment or a separate cost for those who handle the
water? Mr. Schrantz stated it is part of the assessment spread among the units
in the proj ect. Mayor Windschitl also noted the City has to solve the problem in a
reasonable manner and not create more problems for the residents.
Mayor Windschitl stated if the project is ordered this evening, the residents will
have a chance to review the final plans and specifications to see if they feel what
is proposed is satisfactory, and he reviewed the remaining procedure for such road
proj ects. Mr. Schrantz stated he had never planned on having the water from Aztec
drain down ISOth Lane, as he and Mr. Cook had looked at some options to eliminate
most of the problem. Mayor Windschitl also noted the Council's reluctance to order
a project unless there is a majority in favor. He explained if the bids come back
over 5 percent of the engineers' costs, they normally bring the residents back in to
ask what they would like to do. Mr. Schrantz stated if it is ordered tonight, there
is a pending assessment against the property and costs will b~incurred to do the
plans and specifications.
Mr. Kirkeeide - was concerned with approving the project this evening without adequately
reso I vi ng the drai nage prob lem to everyone's sati sfacti on. The Engi neers noted that:
no surve~ work has been done yet, so no definite answer can be given. Once the survey
work and plans and specifi cat ions are done, thog; ·prob lems can be addressed. Counc i1
noted by law the City is not allowed to damage a resident's property with an improve-
ment proj ect. Any flooding or erosion that would go beyond the easement would have
to be taken into account when designing the project because it is just not allowed.
Regular City Council Meeting
February 19, 1985 - Minutes
Page 6
(Public Hearing - Cedar River Hills Street Improvement, Continued)
Mr. Kirkeeide - stated pending a solution to the drainage, he wanted to change his
yes vote to no on the petition.
Council debated whether ~o wait before ordering the plans and specifications until
the drainageèproblem can be addressed or whether to address the drainagesproblem as
the plans and specifications are done. It appears there is a majority in favor of
thè project except for the concern of the drainagEf.1Jn 180th. It was also noted if
this item is tabled for two weeks, there may be a problem timewise in getting the
best bid, getting the project done this summer, etc. Mr. Schrantz felt the drainage
problem could be adequately solved, he didn't know if it would be solved to the
residents' satisfaction or expectation. One of the problems' is Mr. Kirkeeide's
fence is on the easement where they may have to build something.
Mr. Kirkeeide - stated if the fence is on the easement, he has a legal obligation to
move it. But is the City guaranteeing they will absolutely take care of the problem,
and can he get that in writing. He stated he'd be happy to meet with the engineers
to express his concerns about the drainage. Councilman Orttel stated it is a
guarantee; it is a legal obligation of the City. If a problem occurs as a result of
the project, the City has an obligation to go back and fix it.
Mr. Kirkeeide - felt that ordering the project would be more restrictive, that having
llved there he feels he has a valid concern over the drainage and the effect on the
investment he has on his property. He is not comfortable with this; and he didn't
know what difference two weeks could make to the project. But that time would allow
them to meet with the enigneers about the problem, asking that this be taken care of
before the project is awarded.
MOTION by Elling, Seconded by Knight, that we table the item until the next couple
weeks to give Mr. Kirkeeide and Jim (Schrantz) time to take a second look at it.
DISCUSSION: Councilman Orttel didn't feel it could be resol~ed uuless monies are
authorized for some engineering work.
Howard Olson, 17940 Aztec - was concerned if there are other problems, so that if
they come back in two weeks the project will not be delayed again because of them.
Councilman Orttel stated projects are done every year and are designed so the water
problems are not offensive to the homeowners- that are impacted. And I ega lly the
City is not allowed to harm private land as a result of a project. He didn't think
waiting would do any good at all, and he also didn't know how the engineers could
decide how to solve the problem until they get good background data, which they
would get once the project is authorized. Mayor Windschitl asked. if no funds are
authorized to do survey work, would the engineers come back in two weeks with a
materially better answer then they have tonight. Mr. Olson stated oot really.
Preliminary surveys should be done, etc., to set a grade and design the street grade.
Councilman Lachinski asked how much of the project cost is allocated to solving the
drainage problems. Some time later Mr. Schrantz stated it is $3,000 to $4,000 for
surface drainage.
Mr. Toikka - stated he is not as concerned about the drainage problem, having faith
ln the engineering firm. This is not the only community that has hills, and this
type of problem has been solved in the past.
Mr. Kirkeeide - stated he has no problem with the engineering expertise either, but
his point is if the cost of getting rid of the water at the base of the cul de sac
isn't in the project, it could conceivably cost $5,000 to $10,00, which is 10 percent
or more of the proj ect. And that could materially change the assessment for the
homeowners. He felt there would be a substantial amount of water runoff from Aztec
down 180th Lane. If that hasn't been engineered, he felt he has a valid request to
ask what they are going to do and how much it is going to cost.
Regular City Council Meeting
February 19, 1985 - Minutes
Page 7
(Public Hearing - Cedar River Hills Street Improvement, Continued)
Bill Beck - has a concern about the drainage easement between his and Mr. Olson's
lot and would like to see the effect on his lot. And there is no way of doing that
unless the City goes ahead with the detailed engineering study.
Discussion continued with members of the audience, assuring them that if the project
were ordered, it would be engineered to take care of the problem in the least
expensive manner, that the plåns could be viewed before going out for bid, and that if
the plans come back estimating 5 percent above the current engineer's estimate, the
residents would be brought back in for comments. Mr. Schrantz stated because he
didn't do the feasibility report and wasn't sure what is being considered for drainage,
he suggested the possibility of ordering the plans and specifications but that he
also meet with those affected property owners about the drainage before proceeding
to see if the problem can be solved to their expectations.
Councilmen Knight and Elling WITHDREW the Second and the Motion.
MOTION by Elling, Seconded by Knight, introducing the Resolution ordering the
Improvement of Street Construction, plans and specifications (for Project No. 85-1
in the Cedar Hills River Estates 2nd Addition area) and requesting the City Engineers
to meet with the property owners and resolve this drainage problem. If the project
comes in more than 5 percent, the Council has the option of reviewing it at that
time. (See Resolution R010-85) Motion carried unanimously.
Recess at 9:08; reconvene at 9:23 p.m.
MOBILE HOME PERMIT/HOGLUND
Ms. Lindquist stated the building permit was taken out in July, 1983, but work wasn't
started until January, 1984. Four months later the septic permit was taken out, and
a well permit has been taken out. Mr. Hoglund applied for a mobile home permit in
July, 1984, which was renewed in September.
Mr. Hoglund - stated the well is in, and the house is about 2/3 completed. He is
building the house himself in his spare time. Now he has a job where the only time
he can work on the house is on the weekends. In the summer, he will be able to work
on it full time. The mobile home is being used only for storage of tools and building
materials; they are not living there. There are bathroom facilities in the mobile
home. He is using the mobile home as a construction trailer, but he was told the
only way he could get a permit for one was to apply for a temporary living dwelling.
He feels it will take another six months to complete the home.
Council noted the ordinance allows only one gO-day extension, which in this CMe
has already been done; and there is no provision for allowing a construction mobile
home unit.
MOTION by Lachinski, Seconded by Elling, that the trailer used at the construction
site on 370 Andover Boulevard owned by John Hoglund be removed from the property
by June 30, 1985. Motion carried unanimously.
HANSON BOULEVARD AGREEMENT
Paul Ruud and Bud Redepenning of the Anoka County Highway Department, and Natalie
Haas, Anoka County Commissioner, were present. Mayor Windschitl stated the residents
have met with the county about the alignment of Hanson Boulevard which follows Ward
Lake Drive. It is not centered on the existing roadway. In order to get past Mr.
Walker's house on the corner of Ward Lake Drive, the road will cut into Mr. Arntzen's,
Mr. Bradley's, and Sylvia Britton's lots (east side of Ward Lake Drive) more than
for a normal right of way. He didn't know of any other objections to the proposal,
which was presented as a major north/south road with a 52-foot roadway.
Regular City Council Meeting
February 19, 1985 - Minutes
Page 8
(Hanson Boulevard Agreement, Continued)
Mayor Windschitl read a letter into the record from Mike and Jill Walker, 1640 177th
Avenue, the corner of Ward Lake Drive where Hanson Boulevard would continue south
from the existing Ward Lake Drive. They gave several reasons why they objected to
the proposal and its effect on them.
,~uncil, County representatives, Mr. Walker, Mr. Arntzen, and Mr. Orr reviewed the map
showing the proposed alignment, right of way to be taken, roadbed, etc. Mayor
Windschitl felt before commiting to the north 1/2 mile stretch of this road, it
must first be known what is going to be done with the remaining piece between
Constance Boulevard and this section. It appears the major problem will be those
questions raised by Mr. Walker past his property. If that can be resolved, then
it appears the remaining section could be acquired and constructed without much
problem.
Mr. Redepenning stated they moved the road 26 feet more to the east in an attempt
to curve eastward to get past Mr. Walker's property just to the souht of this section.
The corner of the barn is about 15 feet from the right of way and about 48 to 50
feet to the edge of the driven mat. The deck of Mr. Walker's house to the right
of way would be 40 feet and about 63 feet from the edge of the driving mat.
Mr. Walker - thought it was less than that. He thought the house is 40 feet to the
curb. If the road would come through, he would like to see the edge of the right
of way put on the section line, which is a matter of 20 feet. The way the house is
turned now, the corner is so exposed visually and physically to the road. His main
concern is the closeness of the road to the house.
Council asked if the road could be offset to the east within the right of way as
much as possible to move away from Mr. Walker's house but still not be so sharp that
a T-intersection would be needed. Mr. Redepenning stated he had no problem with
that, that that will be looked at as the design is further refined.
Mr. Walker - stated once the road goes through, he would not be able to use the drive
he has to the east of the barn. Mr. Redepenning thought he would still be able to
do that, though it would be on the public right of way. But he suggested it may be
better to provide some accesses off the roadway to use the property behind the barn.
He would have no problem with Mr. Walker planting trees next to the easement as well.
Mr. Walker - stated it would help if the road could be moved as far east as possible.
Mayor Wlndschitl suggested the road be designed with a gentle curve, moving over
within the easement about ten feet. Mr. Redepenning taid they will try.
Mr. Walker - stated another problem is the drainage problem, and he hasn't seen any-
thlng about that yet. Moving the road ten feet to the east would make him feel a
lot better. But he couldn't say yes or no to the road without seeing all the
alternatives.
County officials agreed to look at moving the road east and to work with Mr. Walker
to get the road past his property in the least offensive manner.
Mayor Windschitl stated the other problem is on the three parcels on the southern
portion of this stretch of Ward Lake Drive on the east side where more than a normal
amount of right of way will be taken. All those parcels are five acres or greater,
and the concern is that after the right of way has been donated, the lots may not
meet the 2~-acre minimum size if they want to split them. There was a general consensus
of the Council that if the parcels were reduced in size due to the donation of the
right of way for the road, they would be allowed to be split.
Regular City Council Meeting
February 19, 1985 - Minutes
Page 9
(Hanson Boulevard Agreement, Continued)
Mayor Windschitl stated the right of way, which is to be donated by all, is considerably
greater for three parcels on the east side. He asked for authorization from the Council
for he and the City Attorney to meet with each property owner involved and come back
with a proposal if anything special needs to be done. He thought additional considera-
tion could be given such as tree planting, landscaping, compensation, restoration,
etc. Mr. Schrantz stated another consideration is the resident can treat the land
donated as a gift to the City and declare it as such on their income tax.
The Mayor stated this is not going to be an MSA road, and he doesn't envision a great
expenditure of funds. This is an unusual situation, and the cut into some of the
parcels is quite deep.
After Council discussion, there was a general consensus that the Mayor and Attorney
should meet with the affected property owners and come back with a recommendation,
thinKing it is very beneficial that the people are willing to donate the right of way.
The concern is there may be some change needed to the ordinances in order to do a
direct purchase or compensation for those cases.
Walter Arntzen - stated one of the concerns is about splitting the lot in the future,
WhlCh appears to have been resolved. The other concern is he is giving up 25 to 40
feet of his land when the neigbor across the street is giving up nothing. And they
all get the same benefit from the road. To him it is valuable land, and he's been
planting and grooming that land for the last 12 years. Some of the pine trees that
will need to be removed are 20 feet tall. He's concerned about giving up more land
but not getting any more benefit than anyone else. He's in favor of the road, but
he felt something could be negotiated to compensate for that difference.
Mr. Redepenning also thought the county could help in some way to make the road
mutually beneficial for all. The Mayor stated he and the Attorney will bring back
some suggestions to resolve the questions on the three parcels in question.
ANDOVER VOLUNTEER FIRE DEPARTMENT/MASHUGA SUSPENSION
Mayor Windschitl stated the Council decision is whether the Chief acted under the
proper authority, that being under the ordinances, and did the Chief act properly
under the conditions.
Fire Chief Bob Palmer - stated he would rather not give a rebuttal to Dale Mashuga's
comments at the last Council meeting (See Council Meeting Minutes of February 5, 1985),
but would prefer to answer questions. He stated the suspension was for swearing and
the way it came about.
Dale Mashuga - passed out a copy of the By-Laws of the AVFD, which relates back to
the Personnel Standards. And he felt he showed last time that the suspension should
not hold because he was off duty at the time the incident took place.
Mayor Windschitl understood the suspension was based on the ordinance. Chief Palmer
stated he didn't go strictly by the ordinance but used all regulations, not Just
one area. Attorney Hawkins stated Section 4 of the ordinance, which is the ordinance
that establishes the Fire Department, spells out the responsibilities of the Chief.
Linda Nordstrom, Firefighter - felt this was the same as any other job. When a person
is off duty, the discussion takes place at your home, and your employer calls you
back to work, she would feel the same way, that she is off duty.
Chief Palmer - again stated the suspension was for insubordination, for swearing at
him, etc. He felt it was duty related. Mr. Mashuga had called him to find out about
taking the rig; he felt Mr. Mashuga was ready to go on duty then. It was Mr. Mashuga's
weekend to take the rig, which normally starts at 6 o'clock.
Regular City Council Meeting
February 19, 1985 - Minutes
Page 10
(AVFD/Mashuga Suspension, Continued)
Mr. Mashuga - stated at the time he swore at the Chief he was not on duty. And he
dld not want to take the rig when he called the Chief for personal reasons until
10 o'clock.
Ms. Nordstrom - stated it is not abnormal at all for someone to have a substitute
take your place on the rig or to pick up the rig at a later time that is prearranged.
Councilman Lachinski stated that was offered in this case, and he felt there was an
attempt on the part of the Chief to overextend himself in being willing to take the
rig himself until the next morning. This problem would not have occurred if the
Chief had then said there is no way he'd talk about it until the next morning.
Terra Lindquist, Firefighter - stated as a volunteer department, he didn't know when
off- uty really is. When around, a person responds. He felt there is only one
problem here and that is insubordination, and he thought that is what should be
addressed.
At this point, no Council motion was made; therefore, the suspension stands as is.
MARCUS CONSTRUCTION LITIGATION
Attorney Hawkins stated the proposed Nonwaiver Agreement basically says when
discussing anything with the City, they are not giving up any rights they may have
against the City. He didn't see any disadvantage of entering into the agreement.
MOTION by Lachinski, Seconded by Orttel, that we authorize the Mayor and Clerk to
enter into the Nonwaiver Agreement with Marcus Construction as presented. Motion
carried unanimously.
PARK AND RECREATION COMMISSION/REPORT
Merlyn Prochniak stated the Commission supports the idea of utilizing the services
of Melanie DeLuca, Community School Advisor, as an advisor to the Park Commission.
He does not know how she would be compensated or exactly how she would be used, but
he asked the feelings of the Council on the suggestion.
Mayor Windschitl stated the limiting factor is she could not become a member of the
Park Board and the position would have to be clearly defined. He thought the effect
this would have on the other programs she is doing for the City must also be looked
rt. The Mayor stated the School District is going to be coming in with a different
view of what they see as a Community School for Andover, getting out of the traditional
role and becoming an overall help to the community from the school district. The
danger is spreading the City's resources too thinly, taking away from some of the
other programs. A document is being prepared that will go into detail on this entire
subject.
Council felt this should be discussed further once that document is released.
There was also a brief discussion on the neighborhood meetings of the Key Communicator
Program, the concern being that possibly the discussions have gone beyond the crime
watch issues and into concerns of the City, with no one at these meetings with the
expertise to answer those concerns. It was suggested some representative of the
City be present at these meetings, either staff or Council. It was basically
agreed a Councilmember should attend these meetings, possibly on a rotation schedule.
MSA DESIGNATIONS
Mayor Windschitl stated Good Value Homes has appraoched him about looking into the
possibility of an outlet to the south of their property by Coon Creek, south of
Bunker Lake Boulevard. He talked with the Coon Rapids Mayor about an alignment through
Regular City Council Meeting
February 19, 1985 - Minutes
Page 11
(MSA Designations, Continued)
there that might be appropriate for Coon Rapids, and they seemed to be receptive
to outletting the whole thing to Highway 242. The Mayor stated he talked with
the County, and they were receptive to that as well. The intent would be to move
the MSA designation off Crooked Lake Boulevard to this road to the east with a new
alignment through there.
Council agreed to postpone the MSA designations until these alternatives· are
investigated further.
TAXES/KELSEY PARK PROPERTY
(Because the Mayor is directly affected by this item, he stepped down, and Acting
Mayor Ken Orttel conducted this portion of the meeting)
Attorney Hawkins explained the City acquired a portion of a parcel for the Kelsey
Park property from Jerry Windschitl through eminent domain. The certificate has
been filed, but the settlement did not deal with taxes. The Statute says the City
must make arrangements to pay the taxes. He stated the City is obligated to pay
the taxes on the portion it owned since February, 1984. The City does not get an
abatement on that property until the new tax year.
MOTION by Lachinski, Seconded by Elling, that we authorize payment of $126.69 for
the 1984 taxes on that portion of Kelsey Park purchased from Mr. Windschitl, for
the last ten months of 1984.
VOTE ON MOT! ON: YES-Elling, Knight, Lachinski, Orttel; PRESENT-Windschitl as he is
directly affected by the item. ~10tion carried.
(The Mayor returned to conduct the remainder of the meeting.)
CDBG/138TH AVENUE PARK
Attorney Hawkins reported the last action by the Council was to pay the taxes on
one parcel and record it in lieu of paying the property owner (See February 5 City
Council Meeting Minutes). He has since contacted:the People's State Bank in Cambridge
who holds the mortgage on the two parcels in question, and the bank will not release
the mortgage until it is paid. Because of that, the City would not have the $3,000
to pay the taxes due on one parcel.
Mr. Hawkins stated he feels the only option left is taking a deed from Mr. Menkveld
for those parcels and not record it. The City would payoff the $3,000 to the bank
so it is free and clear from the mortgage. The City wou ld have improvements on the
property, but the title could not be recorded because the taxes are not paid. The
worst thing he could see happening is if the entire property, including the piece
the City would hold the deed to, is sold. Then the question is who has priority,
the buyer or the City. When buying property, there is notice of ownership from two
sources. One is record notice from examining the records at the courthouse. The
other is actual notice by looking at the property and seeing if someone else has
something on it and may have an interest in it. The City would have a fence and
path on the property, so obviously anyone purchasing the property would see the City
has an interest in it. But if the property is sold, the City would still have the
ability to get the property through eminent domain if necessary. But he didn't feel
taking that route now was a wise expenditure of funds. Eventually either the taxes
will be paid by Mr. Menkveld or the City will pick up the property when it goes tax
forfeit. Then the title can be recorded.
Attorney Hawkins stated he doesn't feel there is any other way to proceed in this
matter, and he felt the risk is slight. Eminent domain proceedings are enormously
Regular City Council Meeting
February 19, 1985 - Minutes
Page 12
(CDBG/138th Avenue Park, Continued)
expensive, and there must still be a provision made to pay the taxes. The property
would go tax forfeit in 1986 if the taxes are not paid before then.
After discussing the options, the Council reluctantly agreed to the Attorney's
recommendation, but asked that he do whatever possible to get notice on record at
the County that the City has an interest in the parcels. It was also felt this
should be checked priodically to record the deeds as soon as possible.
MOTION by Orttel, Seconded by Lachinski, that we authorize the City Attorney to
proceed with the acquisition by warranty deed of those properties owned by Gilbert
Menkvelt in the 138th Avenue park area in the amount of $3,000 with the understanding
that those funds will have to go to the mortgagee to obtain the release, and that
the Attorney will attempt to record a device showing an interest in the property for
the City, and to record the deed as soon as possible. Motion carried unanimously.
AMEND ORDINANCE NO. 16/0PEN BURNING
MOTION by Elling, Seconded by Knight, that we adopt Ordinance No. 69, an Ordinance
rescinding Ordinance No. 16, adopted the 24th Day of April, 1973, regulating open
burning within the City of Andover. Motion carried unanimously.
RESOLUTION/LATE FEE - JUNKYARD LICENSES
MOTION by Orttel, Seconded by Elling, that we direct the City Clerk to prepare a
Resolution changing the Junkyard License fees as follows: As of January I, 1986, any
license not in compliance for renewal on January I of any year thereafter will be
assigned a penalty in the amount of $250 plus any legal and court costs, and also
include a provision for legal action for operating without a license to commence
on February I of the year following expiration. (See Resolution ROII-85) Motion
carried unanimously.
MOTION by Lachinski, Seconded by Elling, authorize the City Clerk to notify any
illegal operating business within the City of Andover to proceed with correction
and litigation if necessary. Motion carried unanimously.
Council suggested an inspection program be started such as inspecting all the
junkyards for compliance of the ordinances once a month, and also to see that other
businesses are complying with ordinance requirements as well.
APPROVE FINAL PAYMENT/IP83-5, 6, 8
MOTION by Elling, Seconded by Knight, introducing a Resolution accepting work and
directing final payment to Aero Asphalt, Inc., for Project No. 83-5, 83-6, and 83-8,
Street Improvements - Nordeen Addition, Kadlec Addition, and 175th Lane. (~e
Resolution R012-85) Motion carried unanimously.
ACCEPT WOODLAND TERRACE FEASIBILITY STUDY
Mayor Windschitl clarified what took place at the Planning Commission meeting last
week regarding this plat. The Mayor stated he talked with Larry Carlson and the
designer stating it was the Council's intent that the changes in the ordinances
would fit into what was being propesed for Woodland Terrace. But the developers
had already made some internal decisions to pull some things out of the plat,
including the apartments. At this point, it is not known exactly what will be put
into this plat.
Mr. Schrantz stated he met with the developer last Friday regarding the feasibility
report, and they are now looking at the efficiency of their plat. He recommended
tabling this item until an agreement can be reached. Council agreed.
Regular City Council Meeting
February 19, 1985 - Minutes
Page 13
ACCEPT ENDLOADER SPECIFICATIONS
MOTION by Orttel, Seconded by Elling, that we accept the specifications as prepared
for the end loader and direct the City Engineer to advertise for bids, and instruct
the City Attorney to proceed with obtaining proposals for the purchase of certificates
to cover the cost of the endloader, somewhere between $80,000 and $110,000. Motion
carried unanimously.
APPROVE TEMPORARY MOBILE HOME PERMIT/FABER
MOTION by Knight, Seconded by Orttel, that we approve the application for a 90-day
extension on the temporary mobile home permit for K. Faber at 3781 166th Avenue.
Motion carried unanimously.
APPROVE NEWSLETTER CONTRACT
MOTION by Lachinski, Seconded by Orttel, directing the Mayor and Clerk to enter into
a contract with Tri-City Newspaper by Bergeron and Associates, Inc. Motion carried
unanimous ly.
REZONING WORKSHOP
There was no interest in attending the workshop by either the Councilor the Planning
Commi ss i on.
APPROVAL OF MINUTES
February 5, January 22, and January 31, 1985: Correct as written.
January 15, 1985:
Page 2, Second paragraph under Townhouse Development, last sentence: Delete
MOTION by Elling, Seconded by Lachinski, that we approve the Minutes of February 5,
January 22, January 15, and January 31, as amended. Motion carried unanimously.
APPROVAL OF CLAIMS
MOTION by Elling, Seconded by Knight, that we approve Checks 9138 through 9200 for
a total of $28,704.65. Motion carried unanimously.
MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously.
Meeting adjourned at 11:51 p.m.
Respectfully submitted,
)ì~~(f~~
Marce ]a A. Peach
Recordi g Secretary