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HomeMy WebLinkAboutCC May 20, 1986 CITY of ANDOVER REGULAR CITY COUNCIL MEETING-MAY 20, 1986-AGENDA 8:00 P.M. 8:00 P.M. l. Call to Order 2. Agenda Approval 3. Resident Forum 4 . Public Hearing - R. Kujawa Vacation of Easement 5 . Discussion Items a. Norbert Temple Lot Split b. Drainage Problems/Feasibility Report c. Award Bid/86-4/Hidden Creek d. Goodridge Acres Preliminary Plat, Cont. e. Petition/Yellow Pine, Bluebird, Ward Lake Drive f. Continental Development l. Special Use Permit 2 . Variance g. Crooked Lake Cleanup Survey h. Crosstown Boulevard Petition i. Transient Merchant Ordinance 6 . Non-Discussion Items a. Prairie Oaks Final Plat b. Ordinance 10 Amendment (Corner Lots) c. P. Prior Kennel License Renewal I d. Non-Intoxicating Liquor License/Andover Lions I e. North Metro Traffic Task Force Report , , f. Approve Paying Agency Agreement/Improvement Bonds I g. Joint Powers/Coon Rapids/Jay Street 9:00 P.M. 7 . Junkyard Hearing 9:20 P.M. RECESS 8. Committee, Commission, staff Items a. Sprinkling System/City Hall b. Accept Easements 85-8 c. Ne\~sletter 9 . Approval of Claims 10. Approval of Minutes 10:30 P.M. ll. Adjournment CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 20, 1986 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on May 20, 1986, 8:05 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; TKDA Engineer, John Rodeberg; City Administrator/Engineer, James Schrantz; City Clerk/Treasurer, Larry Johnson; and others RES !DENT FORUr·1 Terry Housan, 3731 172nd Lane - stated their water problem has returned again. The trees ln the low area have been under water since last fall. When it rains, everything floods. Council suggested discussing this after the other drainage problems are addressed this evening. AGENDA APPROVAL The following additions were suggested: Item 5j, Hidden Creek 2nd Addition, Project 86-6; 5k, Clerk/Treasurer Resignation; 51, Magnuson Ditch/Culvert Proposal; 5m, TIF District/Bunker Lake Boulevard/Authorization for Fiscal Agent; and 5n, Cert i fi cate, of I ndebtedness/Warni ng System. Also, remove Item 6a, Prairie Oaks Final Plat Approval. MOTION by Knight, Seconded by Elling, to approve the Agenda as amended. Motion carried unanimously. PUBLIC HEARING - R. KUJAWA VACATION OF EASEMENT Mr. Schrantz explained Mr. Kujawa wants to build a swimming pool in his back yard and needs the vacatlion of the easement to do so. He felt the storm drainage system and outlet will function if the easement line is moved from the 25-foot point to a 10-foot point. All the remaining parcels in the subdivision have the standard 10-foot easement. I , I MOTION by Ortte1, Seconded by Elling, that we dlrect the staff to prepare a resolution vacating an easement on the west side of Lot 3, Block 3, Northg1en First Addition as presented by the City Administrator. (See Resolution R056-86) Motion carried unanimously. NORBERT TEMPLE LOT SPLIT Planning and Zoning Chairman Don Jacobson reviewed the Commission's recommendation to approve a lot split requested by Norbert Temple for Lot 1, Block 1; Country Estates. He stated the Commission was not able to determine whether or not park dedidation fees had ever been paid on the parcel, suggesting that be researched further. I i MOTION by Knight, Seconded by Lachinski, a Resó1ution as presented approving a lot split requested by Norbert Temple for the property described as Lot 1, Block~l, Country Estates, subject to the park dedication fee. (See Resolution R057-86) Motion carried unanimously. -- .- Regular City Council Meeting May 20, 1986 - Minutes Page 2 DRAINAGE PROBLEMS/FEASIBILITY REPORT/RED OAKS PONDS/86-16 Mr. Rodeberg reviewed the feasibility report prepared by TKDA of Red Oaks Ponds East and West, Project 86-16. The cost to outlet both ponds is estimated to be $78,000. The property proposed to be assessed would be the undeveloped property of approximately 85 acres, which would be assessed approximately two cents per square foot. Phase 1, laying pipe between the two ponds along a portion of Bunker Lake Boulevard,would be done as the sewer and water lines 'are being done, along the Menkve1d property. Mr. Rodeberg also noted there would be a reduction in costs if 18-inch PVC pipe material were used for that Phase 1 construction rather than IS-inch RCP storm sewers. All the developed property has already been assessed for storm sewer and would not be assessed for this project. Doug Foster, 13715 Xavis Street - asked when the pipe would be put in to outlet the west pond to-C:oon Creek. Mr. Rodeberg stated that would have to be done at the time the two ponds are connected. The Mayor noted the hearing for the extension of the sewer line to the east along Bunker Lake Boulevard, which would connect the two ponds, will be heard this Thursday. MOTION by Orttel, Seconded by Knight, that we schedule a public hearing for the Red Oaks Ponds to the property in the drainage area for June 17, 7:30 p.m., at the City Hall. (See Resolution R058-86) Motion carried unanimously. DRAINAGE PROBLEMS/FEASIBILITY REPORTS/ENCHANTED DRIVE DRAINAGE PROJECT/86-15 Mr. Rodeberg then reviewed the feasibility report for the drainage project in the vicinity of Enchanted Drive, proposing to install culverts under two existing roads and to ditch from the last culvert to an existing Anoka County ditch. The cost would be approximately $14,000, divided among 18 lots for an estimated cost of $800 per lot. He stated in talking with the City Engineer, there is a possibility the costs can be reduced if metal culverts were used and the work done by the City or contracted to a local road maintenance firm. f1r. Rodeberg explained to the residents present that the proposed culverts would be 100 feet each to adequately take care of the water. Rick Olson, 3936 North Enchanted Drive - stated some of the lots proposed to be assessed do not benefit from the project, as those lots drain in the other direction. But there are other lots outside the proposed assessment area that would see some advantage to the drainage project. Council noted if the proposed assessment area is not correct, it will need to be adjusted. Mr. Olson - stated another problem is when the road from the left end was put in, lt should have had a culvert installed. He didn't feel that has anything to do with the residents in their addition, asking if the developer doesn't have some responsibility to put that one in. Mr. Schrantz stated in looking at the plat, it appears a culvert wasn't put in, that the ground was high. Mr. Olson - stated before the roads were blacktopped there was drainage to many other areas than just those ponds. Jeanette Schaver, 3961 Enchanted Drive - stated the water is high naturally because of the amount of raln recently. She is not in favor of having that area drained. They now have a lot of wildlife, and they are pleased with that. Mike Ranney, 3888 Enchanted Drive - asked how many homes are involved. in the project, asking if he doesn't have any runoff to the ponds involved, would he still be assessed. Council noted if he does not benefit, he should not be assessed. Those specific questions would be addressed at the assessment hearing. Regular City Council Meeting May 20, 1986 - Minutes Page 3 (Drainage /Feasibility Reports/Enchanted Drive/Project 86-15, Continued) Tom Turnbom, 3889 Enchanted Drive - stated his and Mr. Ranney's lots drain in the other d1rection, not to the pond in the project. They always have drainage and are not affected in this pond. Mr. Olson - stated the reason for the project is either because basements are f1 111ng up with water or people are losing a lot of their property. He doesn't have a problem assessing the lots to solve the problems. But he doesn't want to pay an assessment for property owners whose basements are below the water table. He again stated there are properties outside the assessment boundaries that have water problems, which should be addressed and included. Mr. Schrantz asked how many people had flooded basements in this area because of the high ponds. One person raised his hand. Donna Turnbom, 3889 Enchanted Drive - stated they never had a problem until the city allowed two houses to be built on the lots that were originally unbuidab1e but were filled in to allow that construction. Mr. Rodeberg noted the high ground water and above normal rainfall within the last ten-year period. Greg Webster, 3920 Enchanted Drive - pointed out who is to say they will have th1S high water every year, ask1ng why they should be assessed $800 for a problem that might go away in several months. Mr. Ranney - stated most of the property involves houses where the lots have been f111ed in and then built on. He felt those houses shouldn't have been placed there to begin with. Elroy Wicklund, 4115 149th Avenue - asked if it isn't true that the affected houses or lots affect the va1uat10ns of all the surrounding property as well? He'd like to see something done about it because it does lower the property values for everyone in that area. Council then discussed the proposal, expressing concern that a more accurate assessment district be defined. Discussion was on the existing direction of the drainage, the problem areas identified previously and this evening, and possible solutions. Mr. Turnbom - asked if the engineers actually drove through the area and observed the dra1nage. He didn't feel the benefitted area noted in the study was accurate, pointing out other problems in the area and direction of flow from specific areas. Mr. Ranney - noted there is a plugged drain in the corner that drains off to the Aztec area. Mr. Olson - asked the reason for draining the ponds. Mayor Windschitl noted there has been a request by petition to study the problem. Mr. Olson - felt possibly it should be looked at again with those who signed the petit10n. If draining the ponds only affects those in the area shown on the map and does not help those with wet,'basements who are outside that area shown, the project should be reconsidered. He signed the petition because he knew some people had a problem. But in looking at the area shown as benefitting and being assessed for this project, the only problem is many have lost part of their back yards; but no one has wet basements. It is the houses outside the benefitted area shown that have water in their basements. He'd like to be sure that draining those ponds will help them. If it does, he would pay for the assessment. Secondly, he felt everyone affected by draining the ponds should be assessed. Regular City Council Meeting May 20, 1986 - Minutes Page 4 (Drainage/Feasibility Reports/Ehcnated Drive/Project 86-15, Continued) Mayor Windschit1 asked of those affected by the project as proposed, how many; have any interest in continuing with it further. Shirley Clinton - stated she would like to stop it. They don't have a water p,-nb1em. Carol Tjaden, 3963 North Enchanted Drive - stated th~ pond has started to drain across the road. One of the culverts is backing up into the ditch; and each time it rains, the road gets narrower and narrower as the water encroaches on the road. Tom Lawson, 16031 N Enchanted Drive - stated he has been in his house í4 years and this 1S the first time he has ever-had water in his basement. He stated the ponds have never been this high. He is not included in the benefitted area shown on the map. Mr. Tornbom - noted a ridge that runs in the northern area and showed the general flow of the water through that vicinity. He stated the roadway is starting to erode on both shoulders because of the water on the road. Council asked that anyone who is having a problem with water let the City know. Mr. Lawson - stated he has water in his basement. (7) , 3927 Enchanted Drive - brought in the petition, statitlg the people who had property on both sldes of Enchanted Drive signed the petition. H~: would like to see the Council revi ew the engi neel'i ng proposal, as he doesn't agree with what was engineered. Dave Ijaden, 3963 NEnchanted Drive - stated there is a problem on the corner of Enchanted Drlve where water is going O'ier the road. Council agreed to carry the item over for two weeks to allow the engineers to define more accurate assessment district, noting it will be on the June 3 agenda. MOTION by Knight, Seconded by Lachinski, to carry this item over for two weeks. Mot10n carried unanimously. DRAINAGE PROBLEMS/FEASIBIL[TY REPORT/DEHN'S, SONSTEBY POND AND LAKE OUTLET Mayor Windschit1 stated they have been talking with the City of Anoka, and the southern outlet for the drainage of this area is still a viable possibility. The City has asked Anoka County for some engineering data before making a proposal to the City of Anoka, and that information has not yet been received. Keeping in mind that southern option may still be possible, this evening's discussion is on a northwestern outlet. Mr. Rodeberg reviewed the feasibility study for the Round Lake outlet and outlet of the Dehn's pond into the lake. The lake is presently at 868.1, which is 1.7 feet over the ordinary high water mark of 866.4. The City is requesting a permit from the DNR to lower it to 866.4 via an outlet at the northwestern corner of the lake. That outlet should drain through the existing ditches which run to the Rum River. A culvert would also be placed between Dehn's pond and Round Lake, which would in effect lower the Dehn's pond area about .8 of a foot. The DNR has proposed lowering the lake to 865.5 feet, which they feel would be more condusive to the wildlife habitat around the lake. Their reasoning is during times of hard rain, the "bounch" on the lake would be to the 866.4 level, which is the ordinary high water mark. Mr. Rodeberg explained the estimated cost to clear out the ditch north to the river and install the drainage control is $53,000, with another $17,000 or $18,000 to clear Dehn's pond and replace the culvert to the lake. The proposed assessment Regular City Council Meeting May 20, 1986 - Minutes Page 5 (Drainage/Feasibility Reports/Dehn's, Sonsteby Pond and Lake Outlet, Continued) would be about one cent per square foot or approximately $110 for a one-fourth acre lot. Mr. Rodeberg then reviewed the map showing a proposed benefitted area, which basically included the area outli~ed by Anoka County excluding anything east of Round Lake Boulevard. He also felt that lowering the lake to the level suggested by the DNR would probably mean only a small cost increase to lower the control structure and dig the ditch a little deeper. Mr. Wicklund - asked why the permit has not yet been submitted to the DNR. Mr. Schrantz explained the DNR gave a list of items that needs to be completed and sent in with the application. The City is in the process of gathering those items. Mr. Rodeberg stated in checking on easements, it appears there will be no problem obtaining them. In talking with John Stein at the DNR this morning, they may want to change the permit process to lower the lake below the ordinary high water mark. Anoka County is now involved. They basically now have the information needed to submit the application to the DNR to lower the lake to the ordinary high water mark as directed by the Council. A resident was concerned that the developments in the south drain into the Dehn's pond area, and that runoff is dirty with oil, etc. If that area is drained into the lake, the concern was that a lot of things may be getting into the lake that would kill off the wildlife. The wildlife there now is the best it has been in years. He didn't want the Council to lose sight of that fact. Mr. Schrantz stated much of the wildlife nesting area has been flooded. John Lawrence, 14516 Round Lake Boulevard - stated to take the lake level down an extraè amount wi 11 mean an additlOna I cost. He asked who wi 11 pay for that extra cost because the DNR wants it lowered. Plus he felt the wildlife would be lost because of it. Mr. Rodeberg stated the extra cost will be extremely minimal. Also, the DNR is asking to lower it further because of their concern for the wild- life. Mr. Wicklund - if people are concerned about the quality of water in the'lake because of draining the Dehn's pond into it, he felt there should be greater concern for the water quality now because of the septic tanks that are leaking due to the high water. He asked if there are any plans for storm water in conjunction with the County 116 project. Mayor Windschitl explained the proposal made to place storm drainage pipe along the road to drain into the City of Anoka storm drainage system, again noting the problems in reaching an agreement with the City of Anoka regarding that proposal. The cost of instaìling the pipe is about $70,000. It is not known whether that would affect the lake level at all, but that alternative eliminates the water quality question of Round Lake. Mr. Wicklund - felt the northwest outlet for the lake is still needed. Lindh Wiseman, 14821 Blackfoot~ wondered if Rosella Sonsteby's property could be dltc ed to let the water to the Chutich pond. Mayor Windschitl explained the ditches would have to be quite deep. The proposal was to pipe it at a cost of approximately $70,000, which'would solve the problem from the Dehn's Addition and is the preferable solution. Steve Wood, 3723 145th - lives on the south side of Round Lake. He felt the residents who border Round Lake do not have a problem with the level of the lake. He does have some trees in his back yard that are now under water; and what used to be his garden last year is also now under water. But by in large the water level of the lake is not causing a problem. He felt the wildlife on the lake and overall quality of the lake is as good as it has ever been, and the high water has not been a detriment. He preferred everything be done to drain the Dehn's Regular City Council Meeting May 20, 1986 - Minutes Page 6 (Drainage/Feasibility Reports/Dehn's, Sonsteby Pond and Lake Outlet, Continued) pond area to the south, stating he is totally against lowering Round Lake any amount. He expressed concern over the quality of water that would be drained into the lake from Dehn's pond; and whatever can be done without disrupting the natural qualities of the lake is preferable. Glen Sipe - has lived on the lake since 1970. He stated the lake is never green and lS always clean. He was concerned that with water coming in from the Dehn's pond àrea, they would then have green water in the lake. He asked how much of a drop is it from the ditch to the Rum River and if outletting the lake to the river would have any impact on the river. The Engineers noted it is a 15- to 16-foot drop from the ditch to the river and would not impact the river as such. Cheryl Cha~lin, 4110 149th Avenue N - thought some grant money was talked about last time ln regard to gettlng the south ðutlet. Mayor Windschitl didn't think any grant funds were available for that project. What was talked about was grant funds to raise the level of those houses in Dehn's Addition as a possible solution. Ms. Chaplin - stated the overflow from Round Lake that backs onto their property has put the trees in their back yard under water. She has children plus does day care, and she fears losing her day care license. Also, their neighbors have lost their pasture for their horses. She would like to see the lake level lowered, as the high water does affect her. Mr. Wicklund - stated he is three blocks from it, and water from Round Lake backs all the way up to him. Robert MCKa1, 3450 152nd Lane - stated he lives on the north shore and does not have a prob em, and nelther do the people who live in that area. He does not want to see the Oehn's pond drain into Round Lake. He feìt the natural flow is from the north to the south, and he would like to see the southern option investigated further. He felt if Dehn's pond were lowered, Round Lake would be to. Several residents suggested before anything is done, a study be made of what affect the pond has on the lake or vise versa. In discussing the proposal further with the residents, Mr. Schrantz suggested possibly they could accept the 100-year damage for some period of time and look at a smaller design in the project such as designing for the 50- or 25-year storm. Then they wouldn't have to worry about the bounce on the lake so much. ~ Bradley, 15202 Seventh Avenue - stated it is the finest water fowl lake ln the State of Mlnnesöta, and there is a good chance they will be planting trumpeter swans on the lake this year or next. He explained there was a small outlet to the lake that came out over their property on Seventh Avenue. The concerns about the effects of Dehn's pond to the lake should be checked out before the project ties the two together. Mr. Bradley stated when the ditches were put in for the vegetable farmers to the east of Round Lake Boulevard, it did affect the lake. He stated he was glad to see so many concerned about the quality of the lake. Dick Chaplin, 4110 149th - asked if it can be agreed tonight to do something.. He asked if the outlet to the northwest can be cut. Mr. Wicklund - felt the northwest outlet is more plausible, suggesting possibly Just the-TãKe could be lowered and no water brought in from Oehn's pond. A resident suggested taking a sample of the water from Oehn's pond. He stated their basement is flooded and their sump pump is running day and night. Even with that, they would like to see the level of the lake lowered as proposed but objected to having any water from Dehn's pond run into the'lake. Regular City Council Meeting May 20, 1986 - Minutes Page 7 tDrainage/Feasibility Reports/Dehn's, Sonsteby Pond and Lake Outlet, Continued) Dan Wiseman, 14821 Blackfoot - asked about the possibility of draining the lake to Coon Creek. The Englneers stated it is better to go northwest, as there is a natural water flow in that direction. Mr. Wicklund - asked what time frame the City is looking at before something is done. The Engineers felt they should be able to submit the permit within the week, noting the process started as was ordered by the Council to lower the lake to 866.4. If that is changed, it may take longer to change the permit application. Council also noted the difficulties of moving on these items in a timely fashion. Several residents suggested outlettin,g the Dehn's pond to the south and lowering Round Lake to the northwest without connecting the two. Another resident asked if the watershed has any control over this. Mayor Windschitl stated this is in the jurisdiction of the Rum River Watershed which has been organized for about one year. He didn't know if they had a review process established yet. Council also noted that the outlet to the south must still be negotiated with the City of Anoka. A resident asked if the lake could be lowered to the level of 866.4 on a temporary basis and would they still pay an assessment for that. Mayor:Wind~chfnstàted' the project would still require digging out the ditch and putting the control in, which is where the minimum cost of $50,000 is incurred. Paul Welu, 14865 Blackfoot - stated lowering the lake to 866.4 won't solve the other problem. The Engineers noted it would lower the Dehn's pond area .8 of a foot. A resident from Dehn's stated that will help them so they won't get flooded in the next rain. It provides a cushion for them. He noted one full basement in the area is wet and the water is 4 inches below his basement floor. Another resident asked who would be assessed if just the water level on Round Lake is lowered. The Engineers noted there would be two different assessment districts. It was estimated just to lower the lake would cost less than one-half cent per square foot; however the specific assessment boundary would need to be determined. Another resident asked if specific proposals, dollar amounts, and alternatives could be given. Counci1n nòted the specific dollar amount to go to the south is not yet known because all the information asked for has not been submitted to date. Mr. Rodeberg felt the cost for the northwest outlet could be reduced by installing a permanent control at 866.4. Their proposal had been to construct a control which could be lowered further if that was so desired sometime in the future. Mr. Wicklund - asked if the Council considered going for Chapter 444 for a general assessment for the storm water rather than doing the project as a special assess- ment. Council felt the 429 procedure would be essentially the same thing. Brian Nystrom, 4075 149th Avenue - stated he would not benefit from draining the lake or deepenlng the dltch; therefore, he didn't think he would be able to be assessed for this project. An assessment against him would be quite unfair. Council and Engineers noted the difficulty of assessing for storm drainage projects because those on the high ground don't have a problem and feel they should not be assessed. However, those on the high ground do contribute to the problems with their runoff. Mr. Bradley - stated if the DNR is recommending to lower the level, several factors should be considered: 1) Would it ease the permit factor if the City went with their recommendation; 2) If the ditch is dug, there is a tendency for it to fill in over a period of time; and 3) The problem of some of the people here might be Regular City Council Meeting May 20, 1986 - Minutes Page 8 (Drainage/Feasibility Reports/Dehn's, Sonsteby Pond and Lake Outlet, Continued) solved. He asked if the engineers have the difference in cost on the high level compared with the lower level. Mr. Rodeberg estimated $1,000 to $5,000 difference. Mr. Bradley - felt that was insignificant and suggested looking at the DNR recommendation. Mr. Schrantz gave greater de~ail on the concrete structure that would control the overflow from the lake. Council noted the DNR recommendation would lower the lake 2.6 feet off its present level. A suggestion at this time was to build the structure as proposed but proceed with the permit to lower the lake to the ordinary high water mark as originally proposed and to monitor it. If it needs to be lowered further, the permits could be obtained and the structure could be adjusted at that time. It was also felt once the lake and Dehn's pond are equalized, there will be very little drainage off the lake. MOTION by Elling, Seconded by Orttel, that we continue with our original proposal for the northwest outlet setting the elevation of the lake at 866.4, and set the date for the public hearing for June 25. (See Resolution R059-86) DISCUSSION: Council noted those parcels that would potentially be assessed will receive written notification 6f the hearing and estimated assessment. They also asked the engineers to determine the additional costs for lowering the lake as proposed by the DNR. Mr. Bradley was asked about" the environmental impacts of lowering ,t~e lake. Mr. Bradley - stated that as a result of the high water, the nesting areas and natural vegetation areas are flooded; although it has also brought in'a lot of other wildl ife. He felt they would renest once the water level drops. Their reproductive period will go on for quite awhile. If they can renest, they will have fewer offspring, unless the high water persists, in which case they will leave. Round Lake is one of only two lakes in Anoka County that has loons on it. If the residents want the loons to come back, the power boats must not disturb them, suggesting even outlawing power boats on the lake altogether. Councilman Elling asked that the engineers sample the water quality in Dehn's pond for the next meeting to address those concerns of the residents. In further discussion, it was felt that should the option of draining Dehn's pond to the south be resolved, then there would be no connection between the two and it would become two separate assessment districts. By the time of the public hearing on the 25th, the Council should be in a position to resolve an end solution to the problem one way or the other. Council also felt only the developed areas should be assessed at this time with the understanding thilt,an access would be charged to the undeveloped areas as they are devé1oped. Mr. Nystrom - asked if the Council is going ahead with the northwest drainage project because of the consensus of the owners around Round Lake or because it is part of a City plan. Council noted at this point it is the only feasible alternative and is the least costly. Tom Balenta, 3400 152nd Lane - was impressed with the range of concerns this evenlng an asked the Councl1 to do what has to be done. Motion carried unanimously. Council recessed at 10:20; reconvened at 10:30 p.m. JUNKY ARD' ·HEAR I NG/ ANDOVER AUTO PARTS Mr. Johnson reviewed the correspondence and requests made of the Andover Auto Parts Junkyard and the denial of their 1986 license in February. Dave Almgren, Building Regular City Council Meeting May 20, 1986 - Minutes Page 9 (Junkyard Hearing/Andover Auto Parts, Continued) Inspector, viewed the yard today, noting a picture taken of the front yard verifying they are still in violation of the ordinance regarding vehicles stored on the streetside of the screening fence. Denis Barta, Manager - stated they are in compliance with the ordinance and has had the area cleaned up for the past several months. In looking at the picture, he noted the bundles were loaded onto a semitruck which left the yard. And the vehicles on the left are not his but belong to the person who rents the portion of the building behind him. He does not have any cars in front. He stated he just rents the front half of the building, feeling the picture is vague, that the vehicles are not in front of his esta5lishment and are not his. Council agreed to continue this item for two weeks to allow Mr. Barta to meet with the Building Inspector in an effort to resolve the problem. MOTION by Orttel, Seconded by Elling, that we direct the Building Official to meet wlth Mr. Barta, Manager of Andover Auto Parts, regarding items in dispute having to do with licensing requirements and to continue the hearing until the next regular Council meeting on June 3, 1986. DISCUSSION: Bob pearsh Owner - explained Mr. Barta only rents the front half, and the back half of t e'bul Iding is rented to someone else. But there still shouldn't be any cars on the front. He has nothing to do with the junkyard business but is the owner of the property. Mr. Barta - understood anything with legal plates on is not junk. He asked that that be clarified. Council suggested this be discussed with the Building Inspector. Motion carried unanimously. GOODRIDGE ACRES PRELIMINARY PLAT, CONTINUED Mr. Schrantz stated in talking with the residents on the cul de sac of Eidelweiss in Wobegon Woods, they did not want to see the street extended. He was not able to contact Mr. Carson about providing an access to his lot. Mr. Glen Geving - stated he has not talked with Mr. Carson since the public hearing. He felt he dldn't owe Mr. Carson anything, stating Mr. Carson has first option to purchase Lot 1 to provide access to that lot if so desired. Attorney Hawkins advised Mr. Carson would not be able to get a building permit on that parcel until' he buildes a driveway to City standards'if an easement is not provided from this plat. Because of the testimony that Mr. Carson was not interested in having access to his parcel through the Goodridge Acres plat, Council agreed not to require it in the plat. It was also agreed to pull Eidelweiss cul de sac to as far north as ~8TfðA1DJ Elling, Seconded by Knight, that we approve the Preliminary Plat of Goodrldge Acres as presented with the exception of a cul de sac created at Eidelweiss Street, and granting a variance for Lot I, Block 1 and Lots 3 and 4, Block 2, Lot 2, Block 3 and Lot 2, Block 2 for lot width, and vary from Ordinance 8, Section 6.02, and also vary for length of Eidelweiss cul de sac and 176th. (See Resolution R060-86) Motion carried unanimously. PETITION/YELLOW PINE, BLUEBIRD, WARD LAKE DRIVE Gar~ Heltemes, 17715 Yellow Pine - stated'be has talked with the residents along War Lake Drlve, and so far 100 percent have been in favor, though he needs to talk to a few more. Three indicated they would be willing depending on the costs. Regular City Council Meeting May 20, 1986 - Minutes Page 10 (Petition/Yellow Pine, Bluebird, Ward Lake Drive, Continued) Mr. Heltemes stated the majority are extremely interested in getting something done. The residents along Bluebird are especially anxious, as that road is impassible most of the spring. He asked if the extension of Hanson Boulevard will connect to Ward Lake Drive; and if so, they would like to see this project proceed. If that does not happen, they want to withdraw this petition and repetition to include Ward Lake Drive. Mayor Windschitl explained the county has not finished the plan for the last two miles of Hanson Boulevard north of County 20. But the alignment to:go straight north using the northern portion of Ward Lake Drive is acceptable to Oak Grove. Mayor Windschit1 noted it is difficult to give a time frame as to when Ward Cake éan be done with MSA funds. Mr. Heltemes - stated the purpose of the petition is to do one-third of Ward Lake Urlve, out11ning the area desired to be improved. Mayor Windschitl felt a more specific time frame may be available for the public hearing as to the construction of Hanson Boulevard. Mr. Heltemes - stated if Hanson Boulevard is delayed beyond 1987, it will not beneflt them to pave Ward lake Drive. In the ten years he has lived there, the only improvement done to Ward Lake Drive was last summer, and most of that gravel is no longer on the road. They are asking for this improvement for next year. Council discussion with Mr. Heltemes was on the difficulty of constructing Ward Lake Drive and the previous commitments made for the City's MSA funds. Mr. He1temes - stated they would like to see costs, characteristics of the road, estimated start and completion dates, the costs for Ward Lake Drive, and the use of City funds for that road. Also, his understanding is Ward Lake Drive is not on line, and they would like to have that mentioned if it is a problem. Also, they would like to know the effect of such an improvement on.their property taxes. Council suggested a feasibility report be done and scheduled for late summer, by which time more information should be known about the progress of the Hanson Boulevard project. MOTION by Lachinski, Seconded by Elling, to authorize the Engineer to contract wlth the engineering firm of Bonestroo, Rosene, Anderlik and Associates to prepare a feasibility study and update our State Aid funding program. (See Resolution R061-86) Motion carried unanimously. CONTINENTAL DEVELOPMENT/SPECIAL USE PERMIT & VARIANCE Planning and Zoning Commission Chairman Don Jacobson reviewed the Commission's recommendation to deny the special use permit for density zoning. A number of people who attended the hearing unanimously voiced opposition to the request. The motion to allow the permit failed on a 4-3 vote. He found there'·was nothing unique about this particular piece of property that would warrant the permit and those opposed did not feel it is a PUD development. Winslow Holasek - stated this particular item was not on the published agenda. Mr. Schrantz explained the items for the agenda must be in the paper by Tuesday noon, and this was heard by the Planning Commission on Tuesday evening. They called it into the paper Wednesday morning, but the paper does not always publish verbal requests. The item was moved ahead at the developer's request, as has been done in the past on several occasions. Mayor Windschitl felt it should be on a published agenda, but asked that specific items on the proposal be brought out this evening. Attorney Hawkins advised from a legal standpoint, it is not necessary that it be on a published agenda. Regular City Council Meeting May 20, 1986 - Minutes Page 11 (Continenta1; Development/Special Use Permit & Variance, Continued) Dick Schneider - stated he is definitely opposed to the density zoning, preferring to see lt developed at 2\ acres as was agreed to at the time of the sale and which was required by the ordinance. As part of the purchase agreement, it states that no land shall be used for park dedication or ponding. In taking the proposed 2\- acre",1<itdeve10pment to the Park Board, the Park Board preferred to have 2\ acres dedicated for a park. Mr. Schneider stated he agreed to do that. Now ~lr. cook wants 4\ acres for parkland, and he has agreed to that also, knowing if the development is not completed, he will never get that parkland back as it becomes city property permanently. However, Mr. Schneider went on to say he has not given a release to provide property for ponding purposes. With 2\-acre lots, ponding was not needed. But with the density zoning, it will be needed on site, stating he will not sign any release to that affect. Mr. Schneider stated he believed 'in the City's ordinance and thought the Council did so too, again stating he did not want to see the density zoning. Mayor Windschitl noted what is being heard is under the existing ordinance, as no change has been made to the ordinances. This is a request to vary from that ordinance. Attorney Hawkins advised that iLthe City feels parkland and ponding is the best way to develop that property, everyone who has an interest in the.'plat must agree to sign off. Mr. Schneider - noted the problem with the large assessments in Coon Rapids that was brought out at the previous meeting was with the 5-, 10-, and 20-acre lots. Councilman Orttel stated those with 2\-acre lots also had huge assessments. Also, most individuals who have expressed opposition to the density zoning on this property fearing it may bring utilities to their property are already within the City's sewer and water district, as that line goes up to Andover Boulevard and includes Hartfiel's Estates. Mr. Schneider - argued at present there is not enough demand to bring sewer and water to thelr area; and if it stays 2\ acres, there will never be a need for those utilities. Mayor Windschit1 noted 24 people along Andover Boulevard have already petitioned for information regarding sewer and water. And Thursday evening a public hearing is being held for the possibility of bringing sewer and water up Hanson Boulevard to as far north as Coon Creek, which is very close to the property in question. Winslow Ho1asek, 1159 Andover Boulevard NW - was concerned that on the original plat of 2\-acre lots, no lots were on a deadend and there was a nice traffic flow; but with the cluster development, the road becomes one long deadend. He didn't think that was a good idea. Council noted the discussion is for the density zoning onJy. The proposal must still go through the Planning Commission for preliminary plat. Mr. Holasek - stated the Watershed Board surprisingly approved this plat with ponding on site but had given Good Value Homes a bad time about ponding on their plat. Also, he was concerned if the storm drainage runs along the street and into his place. It was his understanding that the developer couldn't run water ònto the neighbor's land. He owns a 100-foot strip of land and doesn't want any more water in there. Mr. Holasek understood'Mr. Cook is asking for a variance to retain the open space in private ownership by the developer. He questioned if the City has the right to give that land back to the developer. Stuart Kinkade, Park Board Chairman - stated they originally asked for 2\ acres when they looked at the plat as a 2~-acre lot development. When the plat came back, it was increased to 4\ acres. It was not something the Park Board requested. Rêgular City Council Meeting May 20, 1986 - Minutes Page 12 (Continental Development/Special Use Permit & Variance, Continued) Jan Erickson, 1549 146th Lane - opposes the smaller lots with higher density. They bought there with the ideà of country living and they like it the way it is. With the smaller lots, there is potential for more homes and they don't want to see that. They feel the ordinance of 2\-acre lots protects that and they do not want to see that ordinance changed. Chuck Cook, Developer - stated he closed on the· land and Mr. Schneider has the mortgage. He knows the terms of the mortgage, stating he would not have spent $10,000 on plans if he didn't know his capabilities. He stated the drainage plans call for 100 percent retention on his property. He asked that the Council act on this proposal tonight. Council spent some time discussing the request with the Engineer, Chairman Jacobson and the Attorney. Councilman Elling felt this was not a PUD because it does not have two or more principal uses. Attorney Hawkins advised the application is for a special use:-permit under Section 4.20. The only reason Section 4.18 is referred to is to follow the same procedure âs for PUDs. When acting on the requests, the same standards of hardship must be applied. Chairman Jacobson stated those on the Commission who opposed the requests didn't find any unique characteristics about the property that would warrant varying from the ordinance. Attorney Hawkins also advised under the special use,permit, the open space would remain city property unless the city chose to vacate it, in which case it would refer back to the original owners. When the vacation of city property is considered, the question is whether or not it is in the public interest to do so. Council continued to debate whether this property shQúldbe allowed to develop as proposed as a transition zone because of the potential for sewer and water utilities being brought to that area or whether it should just be developed as 2\-acre lots. Councilman Orttel felt this should be developed as a transition zone, believing sewer and water will be brought to that area in the future. By protecting the area, it will be benefitting the City as a whole; and it does not impact the people already there in any way. Councilman Lachinski explained the Council originally tried to change the ordinance to allow this density in a transition zone where it was expected utilities would be extended. Since that failed, this is another method to get that density zoning and still comply with the ordinance. He had no problem looking at the special use permit but had reservations about the variance request at this time. He su gges ted tabling the item to a published agenda. MOTION by Lachinski, Seconded by Elling, that we table this item until the next regularly scheduled meeting. VOTE ON MOTION: YES-Elling, Knight, Lachinski, Windschitl; NO-Orttel Motion carried. AWARD BID/86:..4/HIDDEtI CREEK Mr. Rodeberg reviewed the bids received for Project 86-4 in Hidden Creek, noting the low bidder of American Contracting. Council expressed concern with the low bidder because of all the difficultiesfuthé'WoóalaÌla Terrace project done by American Contracting. John Peterson, Good Value Homes - stated they have used American Contracting before. The firm does excellent work for them, though not always in a timely fashion. If the next lowest bidder wasn't $19,000 higher, they might not consider American Contracting; but the dollar amounts were too substantial. Mr. Peterson stated they would prefer to award the bid to the low bidder. Regular City Council Meeting May 20, 1986 - Minutes Page 13 (Award Bid/86-4/Hidden Creek, Continued) MOTION by Knight, Seconded by Lachinski, a Resolution accepting bids and awarding contract for the improvement of Project No. 86-4 for watermain. sanitary sewer, storm drain, streets with concrete curb and gutter in the area of Hidden.Creek (See Resolution R062-86) Motion carried unanimously. PLANS AND SPECIFICATIONS/IP86-6, HIDDEN CREEK MOTION by Lachinski, Seconded by Orttel, approve a Resolution approving Finals Plans and Specifications and ordering advertisement for bids for Project No. 86-6 for Hidden Creek Second Addition. (See Resolution R063-86) Motion carried unanimously. CROSSTOWN BOULEVARD FETITION Mr. Schrantz suggested those interested in hooking up to water along Crosstown Boulevard do so as a group so they can all be put on one assessment roll. He estimated a cost of $3,100/unit. Council discussed the policy for water installation, noting existing housing does not have to hook up to water when a trunkline such as this runs past their property. So in the case where wells were recently dug to meet the specific Health Department requirements because of the well advisory in place at that time. they would not have to hook up to municipal water until this well:is no longer functional. Council also noted vacant lots should be assessed as well as the vacant portion of any subdividable buildable parcel. MOTION by Orttel, Seconded by Lachinski. regarding the water assessment for the water extension of Crosstown Boulevard. that we use the unit assessment method when hookup is requested and that the per unit cost be assessed at $3,100. DISCUSSION: Tom May - stated he wants to hook up but his lot is subdividable. He didn't want to have to pay for two lots. The other portion of the lot is low and would need to be filled to make it buildable. Council noted when the lot becomes buildable, it becomes assessable. Motion carried unanimously. Mr. Ma{ - agreed to carry a petition along Crosstown Boulevard for those interested ln hoo ing up to water at this time. Mr. Schrantz stated only those that ask for water will be included in a project. PARK AND RECREATION COMMISSION REPORT Chairman Kinkade was concerned about the grading and berming of the park in the Hidden Creek plat. John Peterson - stated he agreed to an 8-foot berm between the park and Bunker Lake Boulevard. If the City understood it to be 2 to 4 feet above the road. he didn't think there is enough dirt for that. He stated the grade on the berm is approximately where the original grade was. They have also agreed to fence and cab le the berm. In the area where the fire station is going to be, they haven't done anything yet. He asked what the Council would like done. Council felt a safety barrier should be constructed to keep the children from running across the road and to keep cars off the park in case of an accident. A suggestion was to construct the fence and cable on the side of the berm and to place shrubs and trees along the ridge of the berm. Council also agreed to view the area. Regular City Council Meeting May 20, 1986 - Minutes Page 14 (Park and Recreation Commission Report, Continued) MOTION by Lachinski, Seconded by Ortte], that any Councilmember interested in the berming on the Hidden Creek Addition meet at the site tomorrow night at 6 p.m. Motion carried unanimously. Mr. Kinkade questioned whether it would be better to seed the Hidden Creek park now or in the fall. Council felt a MNDot mixture of seéd would be effective and should be planted as soon as possible. Chairman Kinkade asked if the Kelsey Park had been staked yet. Mr. Schrantz stated that has not been done. Chairman Kinkade stated Mr. Magnuson wants the sod from the parkland in Forest Meadows. To his knowledge the City does not have an on-going contract with Mr. Magnuson for that sod. He felt Mr. Magnuson should not be allowed to take the sod, and he was not willing to trade the sod for labor Mr. Magnuson has offered for installing a culvert. Mr. Schrantz explained Mr. Magnuson has agreed to install a culvert if the City purchases it. That would help to drain the park as well. No Council action was taken on this matter. Chairman Kinkade stated there is an agenda item for a liquor license for the· Lions Club ball tournament. He stated the Lions Club has not yet made application to use the facilities at the City Hall, recommending the liquor license not be approved until the tournament application is submitted and paid for. Council noted the Lions Club constructed the ballfield at the City Hall site and have been allowed to use the field in the past. Mr. Kinkade stated it is a city field and unless there is a written agreement between the City and the Lions Club, they should comply with the same regulations as any other organization, referring to the tournament application and fees recently passed by the Council. Discussion was then on the application and fees, with Mr. Kinkade explaining the fees are used for maintenance and the application helps to organize the use of the fields in the City. Council did not have a copy of the application form before them, but questioned whether the fees should apply to charitable organizations. MOTION by Lachinski, Seconded by Orttel, that we rescind that Resolution (regarding the application form and fees) DISCUSSION: Councilmen Lachinski and Orttel felt possibly the Lions Club need no longer be given special exemption, but they also felt charitable organizations should only be charged ãctual costs for the use of the fields. Charitable organizations help the City in many ways, and that should be recognized. Councilman Lachinski CHANGED the Motion: That we rescind the Resolution dealing with park deposits and park fees for ball tournaments and discuss it at the next regular scheduled meeting. Second Stands. Motion carried unanimously. SPRINKLING SYSTEM/CITY RALL Chairman Kinkade stated the bid came in at $14,731.09, and $24,000 was budgeted. The Andover Athletic Association has volunteered the labor to install the system. Mr. Schrantz stated the well at the fire station is capaóle of handling the system. The sprinkling will be phased like it is done at the City Hall. Regular City Council Meeting May 20, 1986 - Minutes Page 15 (Sprinkling System/City Hall, Continued) MOTION by Lachinski, Seconded by Ortte1, that we approve the 10~ biû of $14,731.09 to MTI Distributing (Toro) for water sprinkling materiaìs for the City Hall site. Motion carried unanimously. Council agreed to use some of the money remaining in this budget item to install two other chain link fences around the ba11fields at the City Hall site. Mayor Windschitl asked for a motion to that effect. MOTION by Elling, Seconded by Lachinski, to so move. Motion carried unanimously. TAX INCREMENT FINANCING DISTRICT/BUNKER LAKE BOULEVARD AREA MOTION by Lachinski, Seconded by Ortte1, that we authorize the City Attorney to request a proposal from Miller Schroeder for setting up a tax increment financing district in the commercial area around the junkyards and the Good Value Development. Motion carried unanimously. CERTIFICATE OF INDEBTEDNESS/WARNING SYSTEM MOTION by Orttel, Seconded by Lachinski, that we approve the bid of First Northtown Bank for the purchase of Certificates of Indebtedness for the warning sirens. (See Resolution R063A-86) Motion carried unanimously. ($95,000 for five-year certificate averaging 7.2 percent interest) APPROVAL OF CLAIMS MOTION by E11;ng, Seconded by Orttel, that we pay checks 11068 through 11112 for a sum of $494,608.31. Motion carried unanimously. MOTION by Elling, Seconded by Lachinski, that we carry the rest of the agenda to Thursday (May 22). Motion carried un~nimous1y. MOTION by Elling, Seconded ~y Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 12:56 a.m. Respectfully submitted, 'f\ ~~~ Marc lla A. Peach Recor Secretary -