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HomeMy WebLinkAboutCC May 7, 1985 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING-MAY 7, 1985 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4 . Discussion Items a. Special Use Permit/Mining - M. Benson b. Lot Split - D. Boie c. Variance/Setbacks - H. Fisk d. Variance/Parcel Division - Kottke Bus Co. e. Preliminary Plat - Majestic Meadows f. Special Use Permit/Beauty Shop - R. Nordeen g. MSA Designations h. Water Connection POlicy 1. 5. Non-Discussion Items a. Mobile Home Permit - J. Osmondson b. Accept Petition/Sewer & Water - Section 35 c. Cigarette License-Tast¥ Pizza d. Assessing Contract-Anoka County e. Kennel License - P. Prior 6. Reports of Commissions, Committees, Staff a. Park & Recreation Department b. Fire Department c. Staff 7. Approval of Minutes 8. Approval of Claims 9. Adjournment ~ 01 ANDOVER M E M 0 RAN DUM TO: COPIES TO: FROM: DA TE: MAY 2, REFERENCE: AGENDA COMMENTS - MAY 7, 19S5 MEETING Item NO. 3 - Aqenda Approval Item No. 4a - Special Use Permit/M. Benson Mr. Benson is requestinga'Special Use Permit to allow him to mine peat from property located at 14817 Round Lake Boulevard. There has been concern expressed that additional excavating could lower the level of Round Lake. The DNR is checking into this, however, as yet a report has not been received. The Planning and Zoning Commission has recommended approval of the request. A resolution will be prepared showing the P&Z recommendation and reasons for same, as well as including a contingency for the submission of a final grading plan. Item NO. 4b - Lot Split/D. Boie Enclosed is the Planning and Zoning Commission recommendation for approval of a lot split for Doris Boie for property located at 13748 Round Lake Boulevard. The proposed division of the property into two separate parcels meets all the requirements of Ordinance 40. A resolution will be prepared granting approval. Item NO. 4c - Variance/H. Fisk Mr. Fisk is requesting approval of two variance requests for two separate proposed structures, Le. sideyard setback to 6' for addition to principal structure and rearyard setback per Scenic River Ordinance for an accessory building, proposed to be constructed 120' from the normal high-water mark. The Planning Commission is recommending approval of the request for the accessory building and denial of the request for the addition to the house. The P&Z,per their minutes, did not discuss the reason for denial of the side-yard setback variance. In checking the aerials, the structure to the south is in excess of 120' from the south line of Mr. Fisk's proposed addition; therefore, it would not appear to have any impact on the adjoining property. You will note a hardship created by the fact that the addition cannot be added to the north because of the septic system location, to the west because of the Scenic River requirements, and the east is the garage. A resolut~on wi¡l be ~repafied for approval of the request. Insofar as t e var1ance or t e accessory I Kegular c~ty council eting May 7, 1985 Page 2 Item No. 4c - Variances/H. Fisk (continued) structure; a variance is required for the rear-yard setback per Ordinance No. 52. The proposed structure would be closer to the highwater mark than the 150' allowed by the ordinance. The DNR was not contacted by the p&Z to comment on this item; I did call them today, however, have not heard back as yet. If the variance is approved as recommended by P&Z, another variance must be issued to allow the applicant to come 8' closer the front lot line than the principal structure, which, in accordance with Ordinance 8U, requires the accessory building to be of similar design and finish as that of the principal structure--and change in this requirement would have to be noted in the resolution for approval. It is my understanding that there are some variable due to topography which could/could not result in the building being closer than the house. Item No. 4d - Variance/Kottke Bus Co. A variance is being requested from the provisions of Ordinance 10, requiring the platting of the property when two or more lots are being created. Commericial property does not fall under the provisions of the Lot Split Ordinance. The newly created parcel will contain approximately 3 acres, fronting on Hanson Boulevard; the remnant parcel will be approximately 7 acres fronting on Jay Street. A resolution will be prepared granting approval of the request. Item No. 4é - Preliminary Plat/Majestic Meadows Enclosed is the p&Z recommendation for approval of the Plat. The revised drawing before you has not been reviewed by the ARC, however, this will be done before the meeting. A resolution for approval is prepared. Item No. 4f - Special Use Permit/R. Nordeen Mrs. Nordeen is requesting a SUP to have a beauty shop in her home at 15357 prairie Road. Although this use by Mrs. Nordeen was grandfather-in under the provisions of Ordinance No.8, i.e. has been performing this service on a very limited basis prior to, and since 1971, she desired to legalize the operation so that should she cease operation for a period of time, she would not be penalized under the "non-forming" use provision of Ordinance 8. A resolution, per the P&Z recommendation, will be prepared. Item No. 4q - MSA Designations Enclosed please find two (2) resolutions covering l)the deletion of Lily Street from the MSA System and 2)the addition of Hanson Blvd. between 161st and 177th; and 167th Avenue from Ward Lake Drive to Crosstown Boulevard. Item No. 4h - Water Connection Policy Per Council direction I have drafted a connection policy (both methods have been used by other municipalities. If this is adopted, it is recommended it be used for sanitary sewer as well as water. The costs for mandatory hook-up for sanitary sewer many times exceed $100.00. I Agenda COl1Ullents May 7, 1985 Meeting Page 3 Item No. 5a - Temporary Mobile Home Permit/J. Osmondson A temporary gO-day Mobile Home Permit is being requested for occupancy while the permanent home is being constructed at 462 - 156th Avenue. The permit should be approved contingent upon the Osmondson's securing their building permit and constructing the well and septic system for use by the mobile home. Item No. 5b - Accept Petition/Sewer-Water - Section 35 Enclosed is a petition from the property owner of the North Half of the Northwest Quarter of Section 35 asking for the extension of sanitary sewer and municipal water. The study has already been done for the sewer, however, to-date no figures are available for the water. A resolution will be prepared accepting the petition and ordering the feasibility study contingent upon receipt of the escrow deposit to cover such study. Item No. 5c - Cigarette License/Tasty Pìzza A motion is needed to approve the license. Item No. 5d - Assessing Contract A motion is needed to authorize the Mayor and Clerk to execute a Contract with Anoka County to perform the assessing function for the City of Andover for 1986 through 1990. You will not the costs have decreased, and will continue to do so. The new computerized parcel system used by the County is the reason given for such decrease. Total cost will probably stay about the same because of the new plat and creation of 100-200 new parcels each year. Item No. 5e - Kennel License/P. Prior A motion is required to approve a Kennel License for Pennelope Prior at 17071 Crocus Street Northwest. All animals are individually licensed and no complaints have ever been received on the operation. Item No. 6a - Park & Recreation Department The Park Board people will be present to discuss the following items: a) Tree removal - Northglen Park b) Equipment - Picnic Area-City Hall Park c) Woodland Terrace Park Item No. 6b - Fire Department Enclosed are some items from the Fire Department covering the purchase of equipment and payment of Relief Association allocation. Item No. 6c - Staff Enclosed is a copy of a petition from some residents on Bunker Lake Blvd. across the street from the Meadowcreek Church/School driveway. Also is a letter from me to the Church President. The letter has not yet been sent; if satisfactory to handle in this manner, it will be forwarded. Agenda Comments May 7, 1985 Meeting Page 4 Item No. 6c - Staff Report (continued) Enclosed is a formal resignation from Bob Peach from his position of Chairman of the Economic Development Commission. We now have four members of the Commission; the ad will run in the Newsletter to be delivered within the next two weeks. Personnel. Per>the 1985 Budget allocation, funds are available to hire additional help for the office. Marcie Peach was hired and is working as my secretary approximately 16 hours per week. We still need help in the accounting and assessing areas. Previously we have used Tim Koltes on a part-time basis (he has filled the rest of his time in Public Works). Inasmuch as he does have almost two years experience with the City in both departments, I am again requesting approval to hire him on a permanent part-time basis. His work is extremely satisfactory and the ability to use him in both the office and public works is probably the most cost-effective arrangement we could have. r would recommend his salary be set at $4.75-$5.00 per hour. Item No. 7 - Approval of Minutes March 19, April 4, 10, 16, 1985 Enclosures ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MAY 7, 1985 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on May 7, 1985, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins; Planning and Zoning Chairman, Don Jacobson; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Ron Smith, 14920 Ever~reen - stated he owns property on 159th and Seventh Avenue and asked the Councll s opinion as to his building a riding and boarding stable on one of the lots. He owns three five-acre lots, and he would like to build his home plus a commercial boarding and training stable using all that property. The barn would be approximately 100 x 140 feet, and a white fence would surround the property. Council generally didn't have a problem with the concept assuming the neighbors would have no objection. A public hearing would need to be held on the matter. AGENDA APPROVAL MOTION by Knight, Seconded by Elling, to approve the Agenda as published. Motion carrled unanimously. SPECIAL USE PERMIT/MINING - M. BENSON Mayor Windschitl stated the DNR has made a request for more information from Mr. Benson regarding the affect the mining may have on that side of the road versus the possibility of draining Round Lake on the other side of the road, because the mining elevations would be lower than the lake elevation. Chairman Jacobson reviewed the Planning Commission's recommendation to approve the Special Use Permit request of Marvin Benson to mine in excess of 400 cubic yards of dirt from property located at 14817 Round Lake Boulevard. Mr. Benson is estimating removing 80,000 yards total over a two-year period. Mayor Windschitl asked whether fencing would be required around the pond being created. Attorney Hawkins stated this would be privately owned, privately used property, not used for the public at large. The City would be granting permission to mine on private property; and as long as it isn't a public drainage ditch, there shouldn't be any liability on the part of the City. Marvin Benson - stated the hole will be six feet deep, but the water level will only be three to tour feet deep. Ultimately it will be finished such that it will be left in an attractive state. He didn't feel there would be any problem in relation to lowering Round Lake, noting the County dug along side the road without a problem when doing road construction. Mr. Benson stated there is a piece of high land on the property that will be left as such, and he will have enough fill to leave a three- acre buidable.piece. Mr. Benson - also thought the cleaning of the Coon Creek Watershed distches in the area may lower the water table on the property, but it isn't going to make the property usable for farming. Only six acres of it are suitable for farming, which is too small to buy equipment necessary for farming. And even renting the property out for farming purposes doesn't pay enough to pay for the taxes on it. Also, there is a low area in the middle of the property that will not be drained by the ditch cleaning, and it is too wet to get a good crop every year. Regular City Council Meeting May 7, 1985 - Minutes Page 2 (Special Use Permit/Mining - M. Benson, Continued) MOTION by Ortte I, Seconded by Ell i ng, that we tab Ie the Speci a I Use Permit for mi ni ng rörïMãrvin Benson until May 21 in order to hear comments back from the DNR. DISCUSSION: Mr. Benson stated he talked with Ken Slyzuk on the Coon Creek Watershed Board" who indlcated no action would need to be taken by their Board on this matter. Motion carried unanimously. LOT SPLIT - D. BOlE Chairman Jacobson reviewed the Planning Commission's recommendation to approve the lot split request of Doris Boie to split property located at 13748 Round Lake Boulevard into two parcels. MOTION by Elling, Seconded by Knight, introducing a Resolution approving the lot Spilt request of Doris Boie for the division of Plat 65932, Parcel 4630 into two parcels. (See Resolution R035-85) Motion carried unanimously. VARIANCE/SETBACKS - H. FISK Chairman Jacobson reviewed the Planning Commission's findings and recommendations for the requests of Harvey Fisk: 1) a variance to construct a 24' x 40' accessory building at 16444 Argon Street; and 2) to construct an addition to the existing dwelling at thatclocation and come closer to the side lot line than allowed by ordinance. The Commission recommended approval of the variance for the construction of the accessory building, noting the problems of meeting the setbacks from the City and Scenic River ordinances. Their recommendation was the building be placed no closer to the front lot line than the front of the house, which is 68 feet. Also, it requires a variance from Ordinance 8U because the roof line is slightly different than the existing structure. Mr. Jacobson stated the Commission is recommending denial of the addition to the house which would encroach on the sideyard setback requirement by 4 feet, the majority of Commissioners feeling a hardship due to the land is not created. Harvey Fisk - stated he plans to add a master bedroom to have three bedrooms up, and he wants to make it 14 feet, plus have more basement under it. Because there is approximately 100 feet of woods and underbrush between his property and his neighbor's, his neighbor, Elwin Chouinard, has written he has no objection to the addition. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving a Variance Tõr-rne construction of an accessory building nearer to the Rum River than permitted by Ordinance No. 52 for property at 16444 Argon Street NW as prepared. (See Resolution R036-85) DISCUSSION: noted whatever decision the Council makes, the DNR has 30 days to look at it before Mr. Fisk would be allowed to do anything. Also, the Resolution allows construction of the building be no closer than 60 feet from the road. Mr. Fisk - stated when he talked to the DNR, they said as long as the house is 75 feet from the river now, they would not object. The structure next door to him is about 50 feet from the road. This building would be in between. He wants to set back 60 feet from the road because that is the terrain of the land, but he wants to allow some flexibility if the person doing the leveling of the ground needs to vary somewhat to follow the terrain. The building will have rough~ textured masonite siding. and have the same shingles and the same color as the house. Motion carried unanimously. MOTION by Knight, Seconded by Orttel, that we approve a Resolution as prepared to approve the request for addition to principal structure varying from the sideyard setback for Mr. Fisk. (See Resolution R037-85) Motion carried unanimously. Regular City Council Meeting May 7, 1985 - Minutes Page 3 VARIANCE/PARCEL DIVISION - KOTTKE BUS COMPANY Chairman Jacobson reviewed the Planning Commission's recommendation to approve a lot split for Lot 15, Watts' Garden Acres so Kottke Bus Service may build a number of mini-storage buildings on the three-acre piece. Robert Varco, attorney for the Kottke Bus Company, reviewed the proposal for a mini- storage operation, 5 buildings with attendant's quarters in one building, construction similiar to a pole-type structure, wood siding on the Hanson Boulevard side, tan steel on the remaining side, brown roof, apartment and office for attendant to face Hanson Boulevard. Mayor Windschitl stated for information purposes the owners of Kottke Bus Company should be aware that there has been a petition for municipal sewer and water for the corner of Hanson Boulevard and Bunker Lake Boulevard, which may have an impact on this property relative to an area assessment. Representatives of Kottke Bus Company stated there could be similiar development to this just to the south of this parcel, but they do not have any definite plans for it yet. The Clerk stated the park dedication fee would be 10 percent of the estimated market value pursuant to what the County assessor has on the books. She didn't have that figure at this time. Council was also concerned that the platting ordinance not be circumvented by developing the parcel through a series of lot splits. MOTION by Orttel, Seconded by Elling, introducing a Resolution approving the subdivision request of Kottke's Bus Service to subdivide Lot 15, Watts' Garden Acres into two parcels as prepared with the following changes: Under the second to last BE IT FURTHER RESOLVED by the City of Andover to hereby make such approval contingent upon the applicant paying to the City Clerk a park dedication fee of ten percent of land only market value of the three-acre parcel as determined by the County Assessor; add another BE IT STILL FURTHER RESOLVED that no other lot splits will be allowed on Lot 15, Watts' Garden Acres for a period of five years from the date of this approval without platting; and under the second to last BE IT STILL FURTHER RESOLVED that all ordinance and building code requirements shall be met prior to the issuance of the building . permits and all construction that occurs shall complt~ with the sets of drawings, Morton Buildings, Inc., Drawing Number 59-2879-2883, and dated 5-7-85. (See Resolution R038-85) Motion carried unanimously. PRELIMINARY PLAT - MAJESTIC MEADOWS Chairman Jacobson reviewed the Planning Commission's recommendation to approve the preliminary plat of Majestic Meadows located south of Andover Boulevard and east of Prairie Road. Council agreed Lot 1, Block 1 should remain as part of the plat and the variance previously approved be added to the preliminary plat approval. James', Perry - wanted it understood that the 15-acre exception south of Coon Creek is not a part of the plat and not to be included in park dedication. Council agreed; and when the final pJat comes in, the exception should not be included in the plat. Discussion was also on the large drainage easements shown on Lots 4 and 6. ~r~~r~- stated the Coon Creek Watershed Board suggested that should be taken out because lt is not necessary and causes the property to look less valuable. Council noted a drainage easement is clearly needed to carry the water. It was agreed the City Engineer should determine just what is needed to satisfy the City's ability to carry water out of the area. The Engineer's recommendation will be shown on the final plat. I Regular City Council Meeting May 7, 1985 - Minutes Page 4 (Preliminary Plat - Majestic Meadows, Continued) Discussion was also on the Council's previous suggestion that 143rd Lane be extended to the east to the Hoglund property line with a temporary turnaround. Mr. Perry - stated the property droPilft{ quite a bit to the east of the proposed cui de sac. The item was tabled to " I he Clerk time to find out where the house just constructed on the Hoglund property is located relative to any extension eastward of 143rd Lane. The item was acted upon later in the meeting. SPECIAL USE PERMIT/BEAUTY SHOP - R. NORDEEN MOTION by Orttel, Seconded by knight, introducing a Resolution approving a Special Use Permlt for the purpose of operating a home beauty shop as requested by Radeen Nordeen on property located at 15357 Prairie Road NW, as prepared. (See Resolution R039-85) Motion carried unanimously. MSA DESIGNATIONS MOTION by Knight, Seconded by Orttel, adopting the Resolution as prepared revoking and establishing Municipal State Aid Streets. (See Resolutions R040-85 and R041-85) Motion carried unanimously. PRELIMINARY PLAT - MAJESTIC MEADOWS - CONTINUED The Clerk noted the house constructed on the Hoglund property is directly in line with any extension of 143rd Lane. Council then agreed to leave 143rd Lane as a cuI de sac as shown on the preliminary plat. MOTION by Orttel, Seconded by Elling, that we approve the Preliminary Plat of MaJestic Meadows with the following conditions: a Variance to Lot 1, Block I for lot frontage; with the condition that Lots 2 and 5 of Block 1 front on 143rd Lane and not on Prairie Road; and allow that the develop~r has the option of discussing the reduction of the easement area with the City Engineer prior to the filing of the Final Plat. (See Resolution R042-85) Motion carried unanimously. MOBILE HOME PERMIT - J. OSMONDSON MOTION by Orttel, Seconded by Elling, that the Council allow occupancy of a mobile home on a temporary basis until the permanent home is constructed at 462 156th Avenue NW, Andover, Minnesota, subject to the construction and connection to proper sanitary sewer and water facilities, and note that the mobile homel will be removed from the property prior to the issuance of the Certificate of Occupancy; for a period of 90 days. Motion carried unanimously. WATER CONNECTION POLICY Council discussed the water/sewer connection policies proposed by the City Clerk, preferring the policy that a direct connection to municipal water and sanitary sewer be made to such public systems as it becomes available .to the property within a period of time as determined by the City Council. If such connection is not made, an amount of $100 shall be added annually to the cost of the connection permit commencing 30 days following mandatory hook-up date. MOTION by Orttel, Seconded by Elling, that we direct the City Clerk to prepare Resolutions dealing with water/sewer connection pOlicy as discussed this evening, 5-7-85, Items 1 and 2. (See Resolutions R043-85 - Water and R044-85 - Sanitary Sewer) Motion carried unanimously. I Regular City Council Meeting May 7, 1985 - Minutes Page 5 ACCEPT PETITION/SEWER & WATER - SECTION 35 Mayor Windschitl stated he has learned there may be an additional group of people interested in the facilities for this area. He also noted the Anoka County Park area is assessable property, and it would be desirable from the standpoint of their long- range plan. Relative to bringing utilities closer to the proposed Landfill Site Q, he noted that development within the City of Coon Rapids brings such facilities closer to the proposed site than this would. MOTION by Orttel, Seconded by Knight, a Resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer and watermain in the area of Section 35, northeast of Hanson Boulevard and Bunker Lake Boulevard, as prepared. (See Resolution R045-85) Motion carried unanimously. CIGARETTE LICENSE - TASTY PIZZA MOTION by Knight, Seconded by Orttel, that we approve the Cigarette License for Tasty Plzza for this year. Motion carried unanimously. Recess at 9:15; reconvene at 9:30 p.m. ASSESSING CONTRACT - ANOKA COUNTY Council felt at this point it is cost effective to continue contracting with the County for assessing purposes, stating a good job has been done in past years. Council was concerned over the five-year clause, feeling they did not want to commit future councils to such a contract. MOTION by Knight, Seconded by Orttel, that we direct Bill (Hawkins) to word the contract to include a clause that would enable us to withdraw from the agreement when we feel it necessary with a one-year's notice. DISCUSSION: It was then felt the contract could be awarded adding the termination clause with one-year's notice. Councilman Knight CHANGED Motion to read: that the contract be passed as is with Bill (Hawkins) addition to allow for termination of the contract with one-year's notice; and authorize the Mayor and Clerk to sign it. Second Stands. Motion carried unanimously. KENNEL LICENSE - P. PRIOR MOTION by Knight, Seconded by Orttel, that we approve the request for Kennel License for P. Prior at 17071 Crocus Street NW. r~otion carried unanimously. PARK AND RECREATION COMMISSION - TREE REMOVAL/NORTHGLEN PARK Park and Recreation Commission Chairman Merlyn Prochniak reviewed the Commission's recommendation to accept the revised sketch of Northglen II park to include the removal of trees for the proposed regulation softball field. He stated they turned the ballfield around and eliminated the off-street parking area to minimize the number of trees that would need to be removed. Council generally liked the idea of providing for off-street parking. Mayor Windschitl stated he had no problem with the removal of trees up to where it was staked previously. But he asked if the proposal is for a field bigger than the area can bear. Chairman Prochniak stated this ballfield would be the only activity for that area. They rewalked the area for the other field and felt it was too low and more landscaping would be needed, so that idea has been dropped. It was also his opinion that Mr. Peterson of Baed Value Homes was not willing to grade that second ballfield. Mayor I Regular City Council Meeting May 7, 1985 - Minutes Page 6 (Park Board - Tree Removal/Northglen Park, Continued) Windschitl thought he, Mr. Schrantz, and Mr. Peterson had all agreed Good Value would grade both fields. Because of this confusion, he thought a meeting should be arranged to straighten this matter out. Council agreed to have Good Value remove the trees for the one area, and the ballfield can be laid out later; though it was felt off-street parking definitely should be provided for in this area. PARK & RECREATION COMMISSION - EQUIPMENT/PICNIC AREA FOR CITY HALL PARK MOTION by Orttel, Seconded by Elling, that we authorize an expenditure of up to $9,000 for the completion of the picnic area at the Andover Community Park Complex, subject to the Engineer's approval of the work. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that we authorize up to $2,500 for the purchase of bleachers for the Andover Community Center site. Motion carried unanimously. Mayor Windschitl reported the Andover Athletic Association has asked for three more fields to play on, just some place to playas nothing fancy is needed. Chairman Prochniak stated Rose Park and Lunds probably could be used, noting the AAA has not contacted him about their problem. He asked to be contacted about this matter, as he felt the Park Board could help them out. Mayor Windschitl stated intalking with the City Engineer, it would cost approximately $2,000/field to seed an area and provide backstops and bases for the Association. No action was taken on this issue at this time. PARK & RECREATION COMMISSION - WOODLAND TERRACE PARK Chairman Prochniak reviewed the Commission's recommendation (Memo dated 5/3/85 to City Council referencing Woodland Terrace Park Development) regarding the developer's responsibility in the development of the Woodland Terrace Park. A main concern of the Commission is determining what value and amount of park dedication monies they are dealing with in this development. Council was also concerned that there be no misunderstanding as to the amount of costs incurred by the developer, suggesting the developer define what he will do for a specific dollar value. The City needs to know that the services provided in lieu of cash at least equal what the City could have done the job for. The Council had no problem with Mr. Carlson doing the work as long as they know what specific work is going to get done. Another alternative would be to make a list of what the Park Commission wants Mr. Carlson to do, asking how much he can do for the equivalent park dedication fee that would be required. The Commission could also ask for outside bids on that work to compare costs. It was also questioned what the overall plan for park development is within the urban area. It is a dense area with many ballfields available or being planned, the concern being there is not enough variety of activities, multiple uses, or passive areas within the area. Another concern raised was when making neighborhood parks into activity fields, those areas tend to be used by outsiders, thereby taking away from the neighborhood park concept. It was questioned whether the City is just creating problems for itself by doing this. MOTION by Orttel, Seconded by Lachinski, that the Council make a request of Lawrence B. Carlson to provide the City with a list of how much of the work of the proposed park in Woodland Terrace he can construct for the amount of dollars determined by taking 10 percent of the market value of the land; and that the City Engineer solicit bids from other contractors as he feels necessary. Motion carried unanimously. I Regular City Council Meeting May 7, 1985 - Minutes Page 7 (Park Board - Woodland Terrace Park, Continued) Council suggested a policy be set for handling this type of situation in the future, that the developer or Park Board develop a plan for the park, the engineer would spec it, and bids would be received from the developer and others to determine who can do it for the least cost. There was a brief discussion on possible changes to the ordinance as to how park dedication is determined. Because of the State law requiring park dedication in either land or cash, no change was suggested at this time. Chairman Prochniak stated Maureen Gaalaas was at their meeting to get information for a telephone survey of residents regarding park issues. She wanted to know the total residents in the City, total registered voters, and registered voters who voted in off-year election years. Council agreed a telephone survey should be done, that they would like to see the questions asked in the survey, and that the Chairman obtain quotes from various firms. It was also felt that because of the high voter registration in the City, a good survey could be obtained from the registered voter lists. The size of the survey should be calculated on the formula used by the firms who do the polling. The key to the accuracy of the survey is the wording of the questions, how they are asked, and that everyone in the sample be contacted. This item can be discussed again at the next meeting. ASSESSMENT POLICY/MAYOR'S REPORT Mayor Windschitl stated apparently there is a discrepancy in the assessment policy in that the City treats an irrevocable Letter of Credit different from cash, and a developer has raised an objection to it. The City treats a Letter of Credit like a bond, when it is actually cash. Attorney Hawkins stated it is not exactly cash. It's not as good as cash but is better than a bond. It is based on a contract; and the letter states if there is a default in the contract, the City can draw on the bank. The banks are usually more willing to pay because they have the mortgage ,and note and will be reimbursed from the bonding company. But there can always be a dispute over whether or not there has been a default in the contract. Mayor Windschitl felt that can be corrected by adding a default clause stating a Letter of Credit can be drawn under default as determined by the City Engineer. The Clerk also noted the policy calls for 15 percent cash escrow, or 125 percent Letter of Credit or Bond escrow. Council briefly discussed the sitaution, but no action was taken at this time. ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT MOTION by Orttel, Seconded by Knight, that the Council authorize an expenditure for capltal equipment as presented by the Fire Department for total dollar amount of $1,211, $1810.30, and $1,476. Motion carried unanimously. Fire Chief Bob Palmer noted the April 16, 1985, memo from Tom May regarding the contribution to the Relief Association Pension Fund has an error, as it should read 30 active members. Council questioned whether all 30 qualified for the Pension Fund and agreed to table this item until the information can be verified. Chief Palmer raised concern over the video place on Crooked Lake Boulevard. Council agreed this should be investigated and discussed further. Chief Palmer also noted what could be a safety hazard at the Meadowcreek Athletic fields, as often they are batting right with Bunker Lake Boulevard. And he feared a ball will end up in someone's windshield while driving down the road. Council asked that that be incorporated into a letter being sent to the Church. (Item acted upon later in the meeting). I Regular City Council Meeting May 7, 1985 - Minutes Page 8 (Fire Oepartment Report, Continued) Chief Palmer stated the Department has some hose that is no longer repairable, asking whether it can be used by the Park Department or the school. Council asked that he check with the Park Department first. Chief Palmer reported there" have been 57 fire calls and 48 rescue calls this year, up considerably from last year. SPECIAL MEETING DATE MOTION by Knight, Seconded by Lachinski, to set May 14 as a special meeting date. Motion carried unanimously. Discussion noted there are various unfinished items:that need to be taken care of at this meeting. MEADOWCREEK CHURCH/SCHOOL ORIVEWAY MOTION by Knight, Seconded by Elling, that we approve the letter to be sent to Grady Klnghorn as presented by Pat Lindquist, and add the concern raised about the activities in the ballfields asking that they be directed away from Bunker Lake Boulevard. Motion carried unanimously. EDC/RESIGNATION - PEACH MOTION by Elling, Seconded by Knight, to accept the resignation of Bob Peach from the Economic Development Committee. Motion carried unanimously. PERMANENT PART-TIME OFFICE HELP MOTION by Orttel, Seconded by Lachinski, that we authorize the appointment of Tim Koltes as a permanent part-time employee at a pay rate of $4.75 per hour. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Lachinski, that we pay checks 9444 through 9499 for a sum of $43,608.02. Motion carried unanimously. MOTION by Knight, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 11:30 p.m. Respectfully submitted, Ù~OJ'-~,- c;-<,¿v:-L Marcella A. Peach "- Recordlng Secretary I