Loading...
HomeMy WebLinkAboutCC August 5, 1986 CITY of ANDOVER REGULAR CITY COUNCIL MEETING-AUGUST 5, 1986-AGENDA l. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Enchanted Drive Storm Drainage b. Dehn's Pond/Round Lake Drainage/86-19/Sub-watershed Boundaries c. Ordinance 8 Amendment (House Sizes) d. Ordinance 8 Amendment e. Ordinance 10 Amendment f. Nightingale Estates 3rd Addition Preliminary Plat,Cont. g. Oak Bluff Preliminary Plat h. Gary Gilpin Variance i. Andover Partners Variance j. Andover Partners Variance 9:30 P.M. Park Board Interview/Joan Harms 5. Non-Discussion Items a. Approve Plans & Specs/Sealcoating/Order Ad for Bids b. Approve Plans & Specs/86-3/Hanson-Bunker Area c. Approve Plans & Specs/86-12/1S4th Lane & Nightingale Estates 3rd Addition d. Approve Plans & Specs/86-7/164th Lane N.W. e. Final Payment/85-1/Cedar Hills River Estates f. Rescind Norbert Temple Lot Split g. Set Joint Meeting W/Coon Rapids h. Approve Election Judges/primary i. Land Acquisition j. Change Orders 86-1/86-2 k. 6. Staff, Committee, Commission Items a. Public Works l. Accept Bids for Water Truck 2 . Accept Bids for Water Tank b. 7. Approval of Claims 8 . Approval of Minutes 9 . Adjournment CITY of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 5, 1986 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on August 5,1986, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Lachinski, Orttel Councilman absent: Knight Also present: City Attorney, William G. Hawkins; TKDA Engineer, John Davidson; Planning and Zoning Commission Chairman, Don Jacobson; City Administrator/Engineer, James Schrantz; and oth ers RES IDENT FORUM Rosella Sonsteby, 4151 141st Avenue NW - asked for a correction in the July 17, 1986, Meetlng Minutes, Page 8. She said it should state she had her water tested several times by the City of Anoka and it was 590 ngl. Mayor Windschitl stated the Council will look at that when Minutes are approved. Hubert Smith - presented a petition to rezone the southern end of Jay Street from commerclal to residential. Council accepted the petition, noting it will be put on the Agenda for action. Ray Kosky, 164th - understood they will all be assessed $3,500 for the street lmprovement project. Mayor Windschitl stated the proposal was left that every- one in the project would have equal assessments. Mr. Kosky.- felt that would be unfair to him. He is on the corner lot and would not recelve the.value of the assessment. He exits onto Round Lake Boulevard. He does have a driveway coming onto 164th where he runs his construction equipment during the summer, thinking that is why he is getting the assessment. He is in the process of closing it off right now. He doesn't need the driveway, and for $3,500 it is impractical for him to have a driveway or to pay the assessment. Council stated normally that would be determined at the assessment hearing. What clearly cannot happen is to have the driveway closed off temporarily until after the assessment. Because eliminating one or two lots in this project would have a material affect on the cost of the improvement to the remaining lots, it was felt those calculations should be made and available at the time the bid is awarded. Mr. Kosky - stated if he closes it off and is not assessed and then reopened the drlveway onto 164th, he would then be assessed. Mayor Windschit1 stated that is correct. Larry Walden - stated a month or two ago a neighbor filed a complaint against hlm for parking a semi on his land. He explained the semi goes out once a day between 5-8 a.m. and comes back in the evening between 4-6 p.m. He felt they are not really doing anything wrong. He asked if he could obtain some' variance or something to help him. He earns his living with this semi. He has 3!z acres; the truck is parked in the back; it is not a noisy truck; and he is simply trying to earn a living. In fact, the EPA came out and looked at what was supposedly a complaint about dumping. He stated they have never dumped and do not do any maintenance on the truck there. There isn't any traffic. He is on the phone all day at his house dispatching trucks. That's the extent of what he does, not under- standing why there is any problem with the way he earns his living. Regular City Council Meeting August 5, 1986 - Minutes Page 2 (Resident Forum, Continued) Attorney Hawkins stated this is being prosecuted for violation of the City's ordinances on three or four charges. Discussion between Mr. Walden and the Council was on just what is taking place there, with Mr. Walden continuing his argument that the person complaining gets more traffic and noise from the street he lives on in any 24-hour period than his trucks make for only 10 minutes a day. Mr. Walden also felt the problem has been blown out of ppoportion, that it~is not fair that one irritated person's opinion can jeopardize another person's livelihood, and that there must be some provision for a person who owns a semi to park it on hi s property. Council indicated the problems there have been with trucks parking in residential areas and the need for enforcing the ordinances uniformly. They also suggested he find somewhere to house his truck rather than on his property. Counci 1 noted at this point there is nothing they can do. Elmer Herr, 2361 139th Avenue NW - stated he was to a meeting this spring about the water 1n h1S back yard. He showed pictures of the problem and referred to a letter from Mr. Hawkins dated 1977. Mayor Windschitl read the letter regarding the drainage area from the outlet of the storm drainage pipe, advising that it be monitored and to prevent any storm water from spreading beyond the limits of the easement. The Mayor also explained the project was ordered to drain that pond, which hopefully will solve some of it. He understood either some pipe needs to be added to the end, of the drainage or do something to stablize the area. Mr. Herr - stated the lowering of the pond will not help his situation any. The p1pe 1S about 90 feet short of the city property. Now it is plugged up and he is getting all the debris in his back yard. Council suggested before the final plans and specifications are completed on the project to lower the pond, that the engineers meet with Mr. Herr on site and determine what can be done to permanently solve that problem. AGENDA APPROVAL It was agreed to add Item 5k, CDBG Resolution. MOTION by Lachinski, Seconded by Elling, to approve the Agenda as modified. Motion carr1ed unanimously. ENCHANTED DRIVE STORM DRAINAGE MOTION by Lachinski, Seconded by Orttel, that we authorize the Engineer to contract w1th Burt Kraabe1 to install two culverts, one at 160th Lane and one across Enchanted Drive, subject to obtaining easements from the adjacent farmland property owners, and also to charge the costs of the work to Special Assessment Fund 79-2. Motion carried unanimously. DEHN'S POND/ROUND LAKE DRAINAGE/86-10/SUB-WATERSHED BOUNDARIES Public Hearing convened at 7:58 p.m. Mayor Windschitl reported on the negotiations with the City of Anoka regarding the possibility of Andover draining into their storm sewer system across Bunker Lake Boulevard. This item was talked about at some length at an Anoka City Council meeting last week, and it was decided another committee needed to discuss it further in order to resolve the matter. He thought they were basically in agreement on all the issues except the access charge Andover would pay Anoka to use their system. Another meeting is scheduled for tomorrow to try to resolve the Regular City Council Meeting August 5, 1986 - Minutes Page 3 (Dehn's Pond/Round Lake Drainage/86-10/Sub-Watershed Boundaries, Continued) final access charge into the Anoka system. Andover has proposed a half~cent per square foot, but that was not agreeable to them. Anoka was looking for one cent per square foot. It is hoped that that issue can be resolved this week. Once the square footage issue is resolved, the assessment numbers will be recalculated and everyone will be notified of the project cost, the elevation of the pipe, etc. tk. Davidson then reviewed the boundary of the project, the estimated project cost, and proposed assessment using a half-cent per square foot access charge to Anoka. The estimated'costwou1d be $435 per acre. Rosella Sonsteby - asked how many acres of her property is included in the assessment area. She stated she is getting this water from everybody else and now is being assessed. An'. e levati on of 866 wi 11 not do her any good. Mr. Davidson reviewed the map outlining the assessment district. Ms. Sonsteby - asked about the 90 acres diverted from the east side of Round Lake Bou1 evard. Mr. Davidson stated that is all tributary to the other pond which is isolated from the area included in this project. Ms. Sonsteby - stated this project area will get all that ground water because ground water seeks its own level. Mr. Davidson stated if that becomes a problem, there are alternatives such as diverting the water away from that pond or connecting an overflow from that pond into this system. Ms. sonsteb~ - stated there are four large storm sewer pipes coming in that same pond from t e south side of Northg1en, feeling that is where the bulk of the water is coming from, plus from Anoka's 40 acres. And they aren't even going to be assessed. Mayor Windschitl explained Anoka County's mitigation with the DNR to construct the realignment of County 116. Anoka County has started condemnation procedures for part of the wetland and is looking at the possibility of acquiring th e rema i nd er of the wetland. They would use the water coming across from the east side of Round Lake Boulevard to provide standing water to replace .the pro- tected wetlands through which County 116 would be constructed. But that road cannot get built until that entire process is completed. Ms. Sonsteby - stated that water wasn't always like that but has been gradually building up from the 48 acres that is being drained from Anoka. Now the DNR is stating that is going to be wetland, stating that is wrong because the status can only be changed every 10 years. Mayor Windschit1 stated the DNR has a great deal of control over protected wetlands, and that area is clearly defined as protected wet 1 and. Ms. Sonsteby - stated it never used to be. At one time they drove trucks in the area now shown as wetland. The actual wetland was only one small area which used to be a pond. But now there is all the other wetland and water being added in there for over 15 years from Anoka, plus from the Dehn's and Johnsons Additions. She stated it is not fair to her to have the water diverted onto her property and then designate it as wetland. Mayor Windschit1 stated that is an issue for the DNR. But the DNR has the County road project stopped now until the mitigation can be resolved. í?~ - asked if the County road project were stalled for a period of time, posslb y years, would the pipe go in prior to the road if it is approved by both Councils. Mayor Windschitl stated yes. (?) - asked if the houses on the service road south of 145th are being 1 nc1 uded. Mr. Davidson thought if they are, it would only be their rear yards. Regular City Council Meeting August 5, 1986 - Minutes Page 4 (Dehn's Pond/Round Lake Drainage/86-10, Continued) (?) - stated those rear yards do drain toward the Dehn's pond. Ms. Sonsteby - asked if there will be a half-cent per square foot assessment lmmediate1y on all the land. Mayor Windschitl explained there has been discussion of assessing the developed properties immediately, but deferring the access charge to Anoka for vacant property until such time as that vacant property is developed. The Council hasn't decided whether the cost of the pipe would be levied immediately or not, though normally those types of charges aren't deferred. There is no proposal to assess protected wetlands or unbui1dab1e property. Clay (?) - asked the last reading on the water level in Dehn's Pond, stating as of tonlght it is higher. Mr. Davidson stated on April 25 it was 867.07 feet. MOTION by Elling, Seconded by Lachinski, that we continue the public hearing for Dehn's Pond to the next regularly scheduled meeting. Motion carried unanimously. NIGHTINGALE ESTATES 3RD ADDITION PRELIMINARY PLAT Council indicated a temporary turnaround easement is needed on the new Uplander. MOTION by Orttel, Seconded by Lachinski, that we approve the Preliminary Plat of Nlghtlnga1e Estates 3rd Addition with the following conditions: that a variance be granted for lot frontage on Lots 3 and 4 of Block 1, and that the Lot 4, Block 2 front of that lot be designated as facing 153rd Lane NW; note that a variance be allowed for Lots 1 and 2, B10ck.1, Lot 5, Block 2, and Lots 1. 2, and 3, Block 3 for area due to the inclusion of a stub street, Uplander, going to the southern property 1i ne. (See Resolution Rl17-86) Motion carried unanimously. OAK BLUFF PRELIMINARY PLAT Chairman Jacobson reviewed the Planning Commission's recommendation to approve the pre1iminary,plat of Oak Bluff. But they questioned just how the open space will be handled and whether or not that area will be deeded to the City. If the City took legal ownership of that property, the Commission felt it could not be used for ponding purposes unless the city specifically allows it. If the open space remains in the ownership of the land owner, then they had no problem with it. Because the property is being developed into smaller lots (one-acre versus 2\-acre lots). Mayor Windschit1 thought the developer should. also be incurring the storm drainage piping and outletting costs as the plat is being done. Otherwise. future residents will ultimately be assessed for what should have been built when the plat was first put in. He felt clearly the pond in the open space is not the long-term solution for the property, stating there should be an outlet to one of the ditch systems or to the creek itself. Attorney Hawkins stated he has not drafted any agreement regarding the open space, waiting for the Council to make a final decision. If the Council wants the open space dedicated as park on the plat, normally drainage is not allowed in the park. If it is ever redeveloped and all the drainage goes onto this open space, a new drainage plan will need to be done for the houses already in there. Normally each subdivision is required to stand on its own. If the City takes possession of the open space and allows the ponding in that area, the City is responsible for maintenance as with any other storm water drainage pond. He also felt the assess- ments for Hanson Boulevard would only be applicable to the property being developed. There is no advantage to the open space because there woulld be no benefit of the road. Regular City Council r1eeting August 5, 1986 - Minutes Page 5 (Oak Bluff Preliminary Plat, Continued) Councilman Lachinski felt the property is being opened up for development and it should all be now assessed. Mayor Windschit1 also felt that that was the intent, and it is being developed to the same density as if the entire parcel were platted to 2~-acre lots. Dick Schneider - thought the assessment was just the depth of a 40 and amounted to a little over $5,000. Discussion returned to the storm drainage for the plat. Mayor Windschitl argued the storm drainage in this plat must be addressed in its final form just as is done for any other plat. He felt it is not in the City's interest to develop a large pond for storm water on developable property. There is now access to drain to Coon Creek; it's now a matter of paying for it. Chuck Cook, develo)er - stated they are using the back of the deep lots for ponding of what is current y draining back there. They don't want to create additional drainage from other portions of that plat to that area because of the water table prob 1 em. It was his recollection that the Council passed the Special Use Permit under the provision that the City would lease the open space at no cost until such time as sewer and water is available to the site. Mayor Windschitl stated that can be researched in the Minutes. Mr. Cook - stated he employed Ken Gust to do the drainage calculations on this plan under two different configurations. First, by developing Oak Bluff with 25 lots and leaving the open space undeveloped, they determined they can pond on site without any difficulty without spending $50,000 for an off-site drainage system that is not necessary tOday. Assuming development of Phase I and Phase II with sewered and watered lots, theoretically they can again contain drainage on site with 100 percent retenti on, though they may not choose to do so at that time. His purpose was to show that he didn't need to spend $50,000 for a storm sewer system today because it is not needed. If Phase II comes to be, he felt that would be the appropriate time to deal with the off-site drainage. 11ayor Windschitl stated except at that time the City Council would have to assess a 11 those in Phase I who have already built their houses for something that should have been done when the plat was developed. Mr. Cook - suggested the Council can require that whoever develops Phase II also pays for the drainage for Phase I at that time. At this point, the $50,000 the Mayor is suggesting for a system that would not be installed at this time is just too costly to spread among the number of lots in the development. Councilman Lachinski didn't think what Mr. cook was suggesting is that unusual. He felt normally when a developer wants to plat a parcel of property, he has to provide the drainage and pays for that drainage without assessing neighboring parcels. Councilman Orttel was also concerned that the discussion for any increased costs for storm drainage generally refers to buying:·tnto a system. But in this instance there is no system in place. And that has never been done with any other developer in the City. Mr. Cook - suggested developing Phase I and dedicating easement for ponding to take care of that area. When f'i1ü5e II is developed, they can leave the existing drainage easement that will still handle Phase I. Phase II may need off site drainage, but that issue would be dealt with at that time. In looking at the area consUlTed by the pond, economics suggests there will be no pond when Phase II is done. The value of the lots will make it feasible to construct an off-site storm drainage system. Regular City Council Meeting August 5, 1986 - Minutes Page 6 (Oak Bluff Preliminary Plat, Continued) Attorney Hawkins stated it is possible to provide in a lease agreement or deed with a reversionary clause that the easements would be vacated and the developer of Phase II would have to provide the drainage to take care of both phases. Mayor Windschitl felt that just gives more incentives for the developer to walk away from a piece of property. Discussion continued on the possible ways of dealing with the open space area and consideration for storm drainage of Phase I and Phase II. Mayor Windschit1 continued arguing to develop Phase I with a temporary pond, the City ought to collect the amount of money necessary to construct the outlet pipes in the future from the lots being platted today. Otherwise he felt the green space area would become too uneconomical to develop if all costs are charged against just the green space area. Ken Gust - stated part of the total grading plan incorporates low points in the road all related to storm drainage. There is also the costs of digging the ponds. The trunk storm sewer is normally an area assessment, and that could still go on the property. Mr. Cook - stated he is not getting the benefit of high-density development, and he doesn't want to have to incur the expenses of the high density without having that density to spread out those costs. Mayor Windschitl argued there is significant savings by developing in this manner with road costs almost half what 2~-acre lot development would be. Councilman Orttel stated no plat that has future subdivision has ever been assessed for storm drainage in this City; it's only those that are done in their absolute final form. He felt if the area is redeveloped in the future, there would be more runoff, plus the future area that will all have to contribute to the drainage system if there is one. He didn't feel this is the final form since the idea is to allow for future subdivision of these lots when sewer and water is available. Councilman Elling asked if the pond shown in the open space can be moved out of the middle of the area and moved either closer to the lots or toward Outlot A. Mr. Cook - was willing to look at it. After further discussion on the storm drainage within the plat and on the conditions of the special use permit previously granted, it was agreed to postpone discussion on this item until after the recess to allow the staff to research the conditions of the special use permit. GARY GILPIN VARIANCE MOTION by Orttel, Seconded by Elling, introducing a Resolution approving a variance requested by Gary and Janet Gilpin to build a 996 square-foot house in an area zoned for 1200 square feet in Section 05-32-24 as prepared with the statement the reason being the other homes in the area are under 1200 square feet. (See Resolution R118-86) Motion carried unanimously. Council recessed at 9:25; reconvened at 9:32 p.m. OAK BLUFF PRELIMINARY PLAT CONTINUED Council reviewed the Minutes of the June 3 meeting when the Special Use Permit for this parcel was approved, noting the matter regarding open space was referred to the City Attorney to develop an acceptable method whereby the City will acquire the open space until municipal utilities become available to the property. Attorney / Regular City Council Meeting August 5, 1986 - Minutes Page 7 (Oak Bluff Preliminary Plat, Continued) Hawkins stated there are several different methods of dealing with that open space, noting it would be acceptable to take a lease or a deed for that outlot. The simplest and least expensive would be for the developer to give the City a deedc for Outlot B with a reversionary clause that the land would revert back to the developer when sewer and water is available to the property. He felt either way would take the property off the tax rolls because it would be under the City's control. Council thought there was also discussion that the developer would be required to pay the taxes that wou ld have been recei ved from that property. After further discussion, it was generally felt that because the property would be used for public use and would be deeded to the City, it would not be appropriate to require payment of taxes by the developer. When discussing the plat itself, Mr. Cook stated the builders will be working with the buyers in letting them know about the potential of municipal uti1iites, future subdivision, and location of the house pad. He has no i ntenti on of fil ing a restrictive convenance on the plat, but he does have conditions on the sale of his lots where he approves home plans, etc. He also felt that this development will generate more taxes than a 2Yz-acre development would because they are util izing the higher wooded property. Mr. Schneider - hoped that Outlot B would not be dedicated as a park. Regarding a deed, the property is not paid for yet so how can he give the City a deed. Mr. Cook - stated he will take care of that. Mayor Windschitl stated if it becomes public property, the Council can put it to public use, including a park. Also, the deed would have to be free of any ljèns before the City could accept it. Attorney Hawkins stated it is not being dedicated as park. The City has the right to use the property for those uses set forth in the zoning ordinance. He thought those uses that would be set forth in the deed would include park, play- ground, walkway, etc. Mr. Schneider - asked if this is deeded to the City, who will maintain the land. Attorney Hawkins stated it would be like any other public property, that the City would be responsible for maintaining it. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving the pre11minary plat of Oak Bluff as being developed by Continental Development CorporatioJ' i!1 Section 26-32-24 as proposed with the follCMing changes: On the second cpn ,1,J1CUhder the NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Oak Bluff, noting the follCMing: There is a No.1 listed. No.2 would be that Lots 9 and 10, Block 4 minimum house pad elevation be increased to 894. Under the final BE IT FURTHER RESOLVED that approval of the plat is contingent upon the signing of the legal document regarding the open space. The legal document would be a deed with a reversionary interest to the develoepr designating that the property be used for park or playground or public utility space until such time as it is reverted back, and the reversion to take place at such time as sewer and water become available to the property. VOTE ON MOTION: YES-Lachinski, Orttel; NO-Elling, Windschitl Motion failed. Mayor Windschit1 thought if the property is going to be developed into small lots, the price of the storm sewer must be paid for as is done in other developments. Councilmen Lachinski and Ortte1 didn't feel there was a mechanism in place to do so, that this is not final development as it is in R-4 platting, and that this is not being required of any other developer in the R-l area. Regular City Council Meeting August 5, 1986 - Minutes Page 8 (Oak Bluff Preliminary Plat, Continued) Council debated the storm sewer issue at some length and also discussed alternative drainage plans with the developer and engineers. Mr. Cook stated he has already agreed to accept the costs of drainage for the entlre area which is now being contained in the dedicated easement. If he wanted to utilize that easement, he'd have to buy the drainage system to take that water out of there. He believes the value of four lots justifies a storm sewer system. Mr. Gust - stated there are only eight lots draining into the pond on Outlot B. Discussion was also on the possibility of moving the pond out of Outlot B. Mr. Schrantz didn't feel it could be moved to Outlot A because of the elevation. Mr. Gust stated they can run the water from the proposed lots to Outlot A, but they cannot move the water from the pond in Outlot B up to Outlot A. Mr. Cook - stated he is giving the City an option. If the Ci ty wants the pond on Outlot B, he is dedicating the easement. If the City doesn't want the pond, the four lots will more than cover the cost of out1etting it; and he'd be happy to pick up the cost of outletting the pond. Councilman Orttel was concerned that the Council is taking the position of not wanting ponds on any more plats, which he felt is contrary to what has always been done in the City. After further discussion, the following motions were introduced: MOTION by Elling, Seconded by Windschit1, to reconsider the previous motion. t~oti on carrled unanimously. MOTION by Lachinski, Seconded by Elling, to reinstate Councilman Orttel's motion with the following additions which have been proposed by the developer: that the developer is willing to assume the trunk assessment for storm sewer for the entire 80 acres at the time of development of the open space area; and that at the same time that the area that is designated for ponding in the open space area would be removed; and that the developer also agrees that he would have one year to develop the open space area into a plat to its final form, one year from the time that city sewer and water becomes available; and that the attorney is directed to prepare the agreement to be brought back for Council approval prior to the signing by the Mayor and Clerk. Also, in the agreement, the City shall provide notice to the developer when sewer and water does, in fact, become available. Also, should the developer not obtain final plat approval within one year of the time that sewer and water becomes available, that the CMnership of the property wi 11 revert to the City so that it can be sold to some other developer. (See Resolution R119-86) Motion carried·:unanimously. Councilman Elling stated he only voted for it to let Mr. Cook begin. But he does not agree with the pl at or the process and does not want to go through this process again. Council discussed the many problems that have evolved from this plat, suggesting the Planning Commission look at a better process for development in the area which is planned to ultimately have municipal sewer and water. This was discussed again following the next Agenda item. PARK BOARD INTERVIEW/JOAN HARMS Council interviewed Jòan Harms, applicant· for the Park and Recreation Commission asking reasons why she applied for the position, interests in recreation, opinion on the City's park system, etc. Regular City Council Meeting August 5, 1986 - Minutes Page 9 (Park Board Interview/J Harms, Continued) MOTION by Lachinski, Seconded by Ortte1, that we appoint Joan Harms to the Park and Recreation Commission for a term to expire 12/31/88. Motion carr i ed unanimous ly. OAK BLUFF PRELIMINARY PLAT/PLATTING PROCESS, CONTINUED Counci 1 continued discussing possible platting processes to effect an orderly transition from rural to urban lot development in that area which is to be designated within the City's ultimate MUSA boundary. There was general agreement that the method used in the Oak Bluff plat of condensed zoning into one-acre lots is not desirable. Alternatives mentioned were to require large lot development (5, 10, or 20 acres) in the area not yet served by utilities, establish a.development line where development would not be allowed until the utilities are available, urban platting with development only on every third lot, etc. It was also suggested a moratorium be placed on platting within that MUSA area not yet serviceable by utilities until an orderly platting process can be established by the City. It was also noted TKDA is doing the engineerinz calculations to determine the end of the sewer line and to establish the ultimat urban service area. MOTION by Lachinski, Seconded by Ortte1, to request the Planning and Zoning Commlssion to consider a moratorium in platting ~or the urban service expansion search area until such time as we!can get a recommendation on what method to proceed with development in the expanded urban service area. Motion carried unanimously. ELEMENTARY SCHOOL/ANDOVER SEARCH SITE Council discussed the potential of the Scho~l District No. 11 locating the new elementary school within Andover. The two sites that have been mentioned are the corner of Hanson Boulevard and Bunker Lake Boulevard and in the vicinity of Crosstown and Prairie Road. A suggestion was the City offer to pay for the sewer and water assessments to have the school located within Andover if it is located on Hanson and Bunker Lake Boulevards. No decision was made at this time, though it was asked that a dollar amount of those assessments be determined. ORDINANCE 8 AMENDMENT (HOUSE SIZES) Council agreed to table action on this amendment until the recommendations are received from the Planning Commission on lot sizes. MOTION by Lachinski, Seconded by Elling, that we table the matter of Ordinance 8 amendment, House Sizes, until the next regularly scheduled meeting. Motion carri ed unanimously. ORDINANCE 8 AMENDMENT (CRAFT AND ANTIQUE BUSINESS/R-4) MOTION by Lachinski, Seconded by Elling, introducing an Ordinance amendment Ordinance No.8 and Ordinance No. 8EE, Known as the Zoning Ordinance of the City as proposed by the Planning and Zoning Commission. Motion carried unanimously. ORDINANCE 10 AMENDMENT (RESTRICTIONS ON FILING AND RECORDING CONVEYANCES) MOTION by Orttel, Seconded by Elling, introducing Ordinance 10~~ an Ordinance amending Ordinance No. 10, known as the Subdivision Ordinance of the City of Andover as presented with the following changes: at the end of Line 2, add the word "buildable"; at the end of the entire underlined portion, add "Any lot so realigned shall be accompani ed by a Certífi cate of Survey." Motion carried unanimously. Regular City Council Meeting August 5, 1986 - Minutes Page 10 ANDOVER PARTNERS VARIANCES MOTION by Ortte1, Seconded by Lachinski, a Resolution approving a Variance requested by Andover Partners from the provisions of Ordinance 8, Section 8.08 (C) (3), Parking, on property known as Lot 2, Block 3, Andover Community Shopping Center, as presented. (See Resolution R120-86) Motion carried unanimously. MOTION by Orttel, Seconded by Elling, a Resolution approving a variance requested by Andover Partners from the provisions of Ordinance 8, Section 8.04, Landscaping, on property known as Lot 2, Block 3, Andover Community Shopping Center, as prepared. (See Resolution R121-86) Motion carried unanimously. APPROVE PLANS & SPECS/SEALCOATING/ORDER AD FOR BIDS MOTION by Ortte1, Seconded by Lachinski, that we approve the plans and specifications for 1986 sealcoating project and direct the City staff to solicit bids for same. Motion carried unanimously. APPROVE PLANS & SPECS/86-3/HANSON-BUNKER AREA MOTION by Lachinski, Seconded by Orttel, a Resolution approving Final Plans and Specifications and ordering advertisement for bids for Project No. 86-3, watermain and sanitary sewer construction in the Bunker Lake Boulevard and Hanson Boulevard area, as prepared. (See Resolution R122-86) Motion carried unanimously. CHANGE ORDER/86-6 Mr. Davidson reviewed the recommended change order for Project 86-6 because the developer failed to get his final plat and letter of credit in. MOTION by Elling, Seconded by Lachinski, that we extend the completion date to October 15 for American Contracting for Hidden Creek Second Addition. Motion carried unanimously. Mr. Davidson reviewed the recommended change orders for Channel Construction for items added to the project and the piece of storm sewer on the completion of Rosella's Addition. MOTION by Lachinski, Seconded by Elling, to approve Change Orders No.3 and 4 on Project 86-6 for Channel Construction for $1,700 for Change Order No.3 and $1,900 for Change Order No.4. Moti on carried unanimous 1y. APPROVE PLANS & SPECS/86-12/154TH LANE & NIGHTINGALE ESTATES 3RD ADDITION MOTION by Elling, Seconded by Ortte1, a Resolution approving Final Plans and Speclfications and ordering advertisement for bids for Project No. 86-12, for 154th Lane and Nightingale Estates 3rd Addition street construction. (See Reso lution R123-86) Motion carried unanimously. APPROVE PLANS & SPECS/86-7/164TH LANE NW MOTION by Elling, Seconded by Lachinski, a Resolution approving Final Plans and Speclfications and ordering advertisement for bids for No. 86-7 for 164th Lane street construction. (See Resolution R124-86) Moti on carried unanimous ly. Regular City Council Meeting August 5, 1986 - Minutes Page 11 FINAL PAYMENT/85-1/CEDAR HILLS RIVER ESTATES MOTION by Elling, Seconded by Lach.inski, a Resolution accepting work and directing flnal payment to H & S Company for Project No. 85~1_for the improvement of street construction in the following area: Cedar Hills River Estates. (See Resolution R125-86) Motion carried unanimously. RESCIND NORBERT TEMPLE LOT SPLIT MOTION by Elling, Seconded by Lachinski, a Resolution rescinding Resolution No. R057-86, adopted by the City Council on May 20, 1986. DISCUSSION: Council questioned what is being done with the assessments on these parcels. Was the lot ever assessed? Will it be assessed for one lot or two? Councilmen Lachinski and Elling WITHDREW the Second and the Motion. MOTION by Elling, Seconded by Lachinski, to table this to the next meeting. Motion carri~d~nanimously. SET JOINT MEETING WITH COON RAPIDS Council directed Mr. Schrantz to attemptto:set up a joint meeting with the Coon Rapids City Council for either August 12 or 13. LAND ACQUISITION/LAPTUTA Mayor Windschit1 reported he has negotiated an agreement with Mr. Laptuta for the property located directly across the street from the City Hall site. The agreement is the City would purchase the 68! acres at $1,650 per acre, 10 percent down, two payments per year for 5 years at 9 percent. Because of the size of the annual payments, it was agreed the City will purchase one-half of the property at this time and take an option on the remaining half for $100/acre paid up front with the right to exercise that option five years hence. That amount would also be credited against the purchase price. The City would pay for the second half on the same terms as ,the first half. He suggested the downpayment come out of prior year's surplus funds. The Council also agreed that the City make arrangements to lease the remaining half of the property during the first five-year period so the City has use of the property, and then no taxes would be due on that property. MOTION by Elling, Seconded by Orttel, that we authorize the Clerk and Mayor to sign the purchase agreement and option agreement as presented tonight with the addition of leasing back the option property from Mr. Laptuta and that there won't be any substantial changes to the contract. Motion carried unanimously. CDBG RESOLUTION MOTION by Elling, Seconded by Lachinski, a Resolution declaring use of Community Development Block Grant Funds as presented. (See Resolution R126-86) Motion carried unanimously. PUBLIC WORKS/WATER TRUCK Frank Stone, Public Works Supervisor, reviewed the bids received for the water truck and stainless steel tank. MOTION by Lachinski, Seconded by Elling, that we purchase the 1986 GMC new truck from GMC Truck & Coach Operation for $25,100. Motion carried unanimously. Regular City Council Meeting August 5, 1986 - Minutes Page 12 (Public Works/Water Truck, Continued) MOTION by Elling, Seconded by Lachinski, that we authorize Public Works to purchase a 1900-gallon stainless steel tank for the previous GMC truck for $20,200 from Engle Fabrication, Inc. Motion carried:unanimous1y. Because the Council will be considering the purchase of a computer, it was agreed to pay cash for the truck and bond for all these items in the future. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Orttel, that we approve Checks 11372 through 11440 for a sum of $326,626.28. Motion carried unanimously. LEAVE OF ABSENCE/RISNER MOTION by Elling, Seconded by Orttel, that we authorize a medical leave of absence without pay to Jane Risner for up to eight weeks. Motion carried unanimously. Mr. Schrantz noted the critical shortage of office staff at this time. Council suggested he look for temporary help and to readvertise for an engineering secretary. APPROVE ELECTION JUDGES/PRIMARY Because the Resolution for election judges was not completed but must be approved prior to August 15, Council agreed to hold a short special meeting on August 14 on this item. MOTION by Lachinski, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 12:30 a.m. Respectfully submitted, \ì ~£CÀ~~ Marce 1a A. Peach Recordl Secretary