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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