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HomeMy WebLinkAboutCC November 6, 1986 CITY of ANDOVER REGULAR CITY COUNCIL MEETING-NOVEMBER G, 198G-AGENDA Due to the General Election on November 4th, the meeting will be on November Gth. 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Raphiel Stifter Lot Split, Cont. b. Good Value Homes Variance c. Elmer Dargis Lot Split d. Hills, Inc. Rezoning e. Hills of Bunker Lake Preliminary Plat f. Hills, Inc. Variance g. Nedegaard Construction Special Use (Mining) Permit h. Joint Powers Agreement/Coon Rapids i. Consider Bids/8G-3 j. 5. Closed Session/Attorney G. Staff, Committee, Commission Reports a. Cedar Crest Pond, Cont. b. Ordinance 47A, Cont. c. Fire Department 1. New Fire Stations 2. Billing/violations of Burning Permits d. 7. Non-Discussion Items a. Res./Wetlands Crossing/Crosstown Relocation , b. Accept Petition/Water & Sewer/Super~erica c. Canvass General Election d. Acci:.p~ Uork/Oa]c Dltlff e. Accept Work/CoeàrÜIIJe Acro£ f. Woodland Meadows Final Plat g. MSA Variance/Resolution 8. Approval of Minutes 9. Approval of Claims 10. Adjournment - - CITY of ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 6, 1986 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on November 6, 1986,7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, r1innesota. Councilmen present: Elling, Knight, Lachinski, Ortte1 Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineering Technician, Todd Haas; Planning and Zoning Commission Chairman, Don Jacobson; City Administrator, James Schrantz; and others RESIDENT FORUM Stuart Kinkade - raised a concern about the increasing number of burglaries in the Clty this year, asking what the City and Council are doing to curb it. He thought some kind of plan should be in 'place to prevent further increases in crime before it gets out of control. Council explained the investigation of such instances is under the County's MCIU unit over which the City has no contro 1. Many of the problems have been in the northern area of the City, and it was thought most were being committed by the same individuals. Some individuals have been charged just recently, and it is hoped this will mean a reduction of such incidents. The Council didn't feel increasing the number of deputies at this would be a deterrent, though the budget for 1987 was approved to increase the City's protection. The feeling is the crimes will reduce when the criminals are apprehended. It was also felt a well organized crime watch neighborhood is one of the best protections available. AGENDA APPROVAL It was suggested Items 4d, 4e, and 4f, Hills of Bunker Lake Rezoning, Preliminary Plat, and Variance, be deleted; and Items 4j, Laptuda/Land Closing and 4k, 86-19/ Bids, be added to the Agenda. MOTION by Knight, Seconded by Elling, to approve the Agenda as amended. Moti on carrled unanimously. RAPHIEL STIFTER LOT SPLIT No one was present representing the applicant, and neither the Attorney, the Staff, nor the Planning Commission Chairman had been contacted about the lot split request. Because the applicant had not contacted the City about the request since it was discussed at the Council meeting four weeks ago, the Council agreed to deny the request. MOTION by Knight, Seconded by Elling, that we deny the lot split for Ra1phie1 Stlfter. (See Resolution R185-86) Motion carried unanimously. GOOD VALUE Hm1ES VARIANCE Chairman Jacobson explained Good Value Homes is asking for a blanket variance to reduce the sideyard setbacks to 5 feet in their plat. The reason for the request is many of their home buyers are asking for three-car garages, and a smaller setback provides greater flexibility in locating the house on the lot and provides the ability to build three-car garages on the smaller lots. Regular City Council Meeting November 6, 1986 - Minutes Page 2 (Good Value Homes Variance, Continued) Chairman Jacobson stated the Commission felt very strongly against granting a blanket variance because no hardship is shown, The Commission is going to look at an ordinance change at the next meeting relative to reducing the side yard setback. John Peter~on. ~ood Value Homes - explained they are getting an increasing number of requests for three-car garages, which is a problem on many of the smaller lots, Also, in Hidden Creek Third, there are many heavily wooded lots, and the additional five-foot variance gives them added flexibility in the placement of the house so that as many of the trees as possible can be saved. Also, some of the larger, more expensive homes in the metropolitan area are in wooded areas and have five-foot setbacks on the garage side. Mr, Peterson stated they have requested the variance; but if the Planning Commission will be discussing an ordinance change, that would be acceptable also. Council discussed the concept of a reduced side yard setback, It was generally agreed the blanket variance is not the appropriate procedure; however, there were differing opinions as to whether or not the reduced sideyard setback is desirable. Councilman Elling thought larger lots should be provided for the larger houses, Councilman Jacobson was concerned about the asthetics of having houses so close together. Mayor Windschitl commented the problem with squeezing a three-car garage on a smaller lot is the garage becomes the predominent feature in the front of the house. Also, from the City's point of view, more tax revenues are received from lots with larger houses on them, He was in favor of looking at reducing the setback on the garage side, Councilman Orttel also pointed out he'd rather see three-car garages than to see extra cars, boats, etc" parked on the side of the house because the inside storage isn't available, MOTION by Elling, Seconded by Lachinski, that we refer this back to the Planning and Zoning Commission to address the idea of granting a five-foot setback for those homes with three-car garages within the R-4 area. DISCUSSION: Council agreed any change should be done by an amnendment to the ordinance, not by variance, Terrv Hauser - asked what happens to the people who want to add an addition to their garage later, Will they be prevented from doing so? Council noted if there is enough room on the lot to meet the requirements for the addition, they can make application for a variance. Motion carried unanimously, MOTION by Knight, Seconded by Elling, that we deny the request of Good Value Homes for a blanket variance to change the setbacks, (See Resolution R186-86) Motion carried unanimously. Regular City Council Meeting November 6, 1986 - Minutes Page 3 HIDDEN CREEK PARK/FENCE VS, NATURAL SCREENING John Peterson, Good Value homes, asked that a decision be made as to whether the City wants a cable and post fence or trees and shrubbery planted on the berm in the park along Bunker Lake Boulevard, If they put in trees and shrubbery, they would do something similiar to what was done along Round Lake Boulevard in their Anoka Meadows development, Council noted representatives from the Park Board will be present this evening, and a decision will be made on this matter, ELMER DARGIS LOT SPLIT Chairman Jacobson reviewed the Planning Commission's recommendation to approve the lot split request of Elmer Dargis, The Commission did find that Mr, Dargis was running a business out of his establishment though no permits have been applied for to do so, It is an R-2 zone, and the proposal meets the ordinance requirements on frontage and area, MOTION by Elkling, Seconded by Orttel, a Resolution approving a lot split as requested by Elmer Dargis for the property known as PIN 17 32 24 33 0001 as presented, (See Resolution R187-86) Motion carried unanimously, Council discussed the proposal that park dedication fees for lot splits be calculated using the same formula used for platting, MOTION by Lachinski, Seconded by Orttel, directing the Planning and Zoning Commission to consider the idea of charging the same park dedication fees for lot splits as we do in any other plat, Motion carried unanimously, NEDEGAARD CONSTRUCTION SPECIAL USE (MINING) PERMIT Chuck Cook - raised a concern about the restrictive convenant on the open area in that the property cannot be used for agricultural purposes, Attorney Hawkins noted the convenant was drafted prior to the change which allows it to remain in the developer's ownership. Council felt agricultural use, farming, horses, etc" would not be offensive, and directed that that clause in the convenant be deleted, Chairman Jacobson then reviewed the Planning Commission's recommendation to approve the special use permit requested by Nedegaard Construction to mine in excess of 400 cubic yards of dirt from the Oak Bluff development. There was a concern that enough fill remain on site to be used as needed for the development of the remaining property, Mr, Nede~aard - stated the only fill to be removed is that which has already been taken out for the street construction, No fill will be taken from the ponding area, Mr, Haas felt there would be sufficient dirt remaining on site for future development, Regular City Council Meeting November 6, 1986 - Minutes Page 4 (Nedegaard Mining Permit, Continued) Council was concerned about the hauling routes, They did not want it going out directly onto Hanson Boulevard, but was also concerned that Bluebird Street could be torn up with that much heavy traffic, After some discussion with the developer, it was agreed the developer should probably wait to remove the fill until the ground is frozen, the thought being that would provide greater protection for the street. MOTION by Orttel, Seconded by Knight, a Resolution approving a Special Use Permit requested by Nedegaard Construction to mine dirt from the property known as Oak Bluff in Section 26 32 24 as prepared, with the following changes: under the final NOW, THEREFORE, BE IT RESOLVED by the City Council, Item 1) remove the words " or straight to Hanson" ; under Number 5) The hauling will be completed by March 1, 1987; and add Item 7) That no fill material will be removed from Outlots A or B but only from street construction and that which is currently stockpiled in the park area, (See Resolution R188-86) Motion carried unanimously. JOINT POWERS AGREEMENT/COON RAPIDS MOTION by Orttel, Seconded by Lachinski, that the Council approve the Joint Powers Agreement by and between the Cities of Coon Rapids and Andover for the construction and maintenance of certain public utilities within the City of Coon Rapids and the City of Andover as prepared, with the addition of a hold harmless clause for liability while in the City of Andover; and further move that we authorize the Mayor and Clerk to sign the agreement, Motion carried unanimously, CONSIDER BIDS/86-3 MOTION by Elling, Seconded by Knight, a Resolution rejecting bids for the improvements of Project No, 86-3 for sanitary sewer and watermain in the area of Bunker Lake Boulevard and Hanson Boulevard as submitted, (See Resolution R189-86) Motion carried unanimously, LAPTUDA/CLOSING MOTION by Elling, Seconded by Knight, that we authorize the Mayor and Clerk to sign the documents necessary to close on the Laptuda property, and authorize the checks for same, Motion carried unanimously, 86-19/DEHN'S POND/BIDS Mr, Schrantz reviewed the bids received for the drainage project in Dehn's pond, noting the low bid of Lake Area Utility Contract for $54,607,50. That includes the construction in the County Road 116 ditch and the pipe to outlet the Good Value/County pond, He recommended action be tabled until the agreement with the City of Anoka is finalized and the DNR permit is received, Also, some easement is needed from Ms, Sonsteby to outlet the Good Value/County pond, The County is trying to acquire that easement, Regular City Council Meeting November 6, 1986 - Minutes Page 5 (86-19/Dehn's Pond/Bids, Continued) Council hoped once the agreement with Anoka is finalized and the permit is received from the DNR that at least that portion of the project in the county road ditch can be done yet this fall, Because those items are still outstanding, it was agreed to table this item, MOTION by Knight, Seconded by Elling, to table this item, Motion carried unanimously, CEDAR CREST POND Mr. Haas reviewed the drainage area and costs for a permanent storm drainage project for Cedar Crest pond, estimating the costs to be $41,500, He stated currently the pond is not flooding, After discussing the feasibility of a permanent outlet for the pond, Council generally agreed the cost for the assessable area was too high, Council then had a lengthy discussion with the Engineers and Mr. and Mrs, Terry Hauser regarding the problem and possible solutions, Mr, Hauser - stated the pond is down now because of the dry weather this past month. But they have a problem every year in the spring and fall, and his acre of land is reduced to about one-fourth of an acre because of flooding, They didn't have any problem with the pond until the City redesigned it when the road project went in, He explained how the water flows into the pond and where it floods as the water rises, Right now it floods the low area on his lot in the trees; and unless it is removed, those trees will die, Also, he didn't think that area could be filled without loosing the trees, Mr. Schrantz stated 1965 and 1977 photos of the area show there was water in the trees at that time, so he didn't think the City project did that much to change things. Mr, and Mrs, Hauser - argued that before the City project, ,it was a brushy, grassy area where water collected but seeped into the soil rapidly, Now there is standing water there all the time; and when it is high, it does not recede very rapidly, causing damage to the trees there. All they would like is for the City to keep the water from backing up onto their property and flooding them out every spring and fall. If it were kept to its present level, they would be satisfied, Other alternates discussed were filling the low area on Mr; Hauser's property and pumping, The Engineers weren't sure the area'could be filled to the point where the problem would be eliminated, And it would not take care of any flooding over the berm, It was noted the cost of purchasing a pump with used hose would be approximately $28,000, Given the bUdget constraints, the option of renting was discussed, It was noted several other cities have pumps and possibly some arrangement could be made for renting a pump from one of them if the City had the hose, Regular City Council Meeting November 6, 1986 - Minutes Page 6 (Cedar Crest Pond, Continued) It was finally agreed the Engineers should check with surrounding cities to see if a pump could be rented, that the used PVC pipe as noted at a previous meeting be purchased, and that the Cedar Crest pond be pumped as needed as the method to keep the pond from flooding surrounding property. MOTION by Elling, Seconded by Orttel, that we allow the Engineer to purchase 8-inch PVC pipe as required for pumping projects for an amount not to exceed $2,500, Motion carried unanimously. Discussion was then on at what point should the pond be pumped, Council asked the Engineers to make a written recommendation for Council consideration that would be acceptable to everyone, ORDINANCE 47A MOTION by Orttel, Seconded by Lachinski, Ordinance No. 47A, an Ordinance amending Ordinance No, 47 known as the Park Ordinance, adopted August 23, 1979, which states specifically to change the closing hours of Red oaks West from 11 o'clock to 10 0' clock p,m, Motion carried unanimously. HIDDEN CREEK PARK/BERM. CONTINUED Park Board Chairman Stuart Kinkade reviewed the events relating to correspondence and meetings with John Peterson of Good Value Homes on the fencing or planting of trees and shrubs on the berm in the park along Bunker Lake Boulevard, A concern was that the Park Board had made a decision to require a chain link fence to be installed, But then the developer asked for changes and has not come before the Park Board about them. Council asked what the Park Board would like done, either the chain link fence or vegetation similiar to what was done in the Good Value Homes Anoka development, Council also noted that some of the discussions regarding vegetation versus a fence was brought about at the Council level when the plat was approved, After some discussion, members of the Park Board decided to review the situation and make a recommendation to the Council, This item was tabled until later in the meeting, ANDOVER VOLUNTEER FIRE DEPARTMENT/BILLING/BURNING PERMIT VIOLATIONS Fire Chief Bob Palmer reviewed the proposal to bill contractors burning in violation of permits or burning without permits, Attorney Hawkins stated under the Statutes, the City does not have the authority to bill for fire protection. However, if someone is tagged and prosecuted, the court proceedings allow to fine for restitution of the City's costs. Regular City Council Meeting November 6, 1986 - Minutes Page 7 (AVFD/Billing/Burning Permit Violations, continued) Council directed the Fire Chief to work with the Attorney to prepare a schedule similiar to the proposed billing under which restitution of the City's costs could be collected through the courts, HIDDEN CREEK PARK/BERM. CONTINUED Chairman Kinkade stated the Park board is recommending the developer plant trees along the berm similiar to the Anoka Meadows plat, Council also suggested if necessary, the City could install post and cable fence or plant shrubbery, such as honeysuckle, along the berm if additional deterrents are needed to keep out three-wheelers, etc, MOTION by Lachinski, Seconded by Orttel, that Good Value Homes be requested to put vegetation on the berm in the Hidden Creek plat equivalent to that in the Anoka Meadows plat with reference to spacing and type of tree, Motion carried unanimously, AVFD/NEW FIRE STATIONS Firefighter Bob Dillon stated they have looked at fire stations in the surrounding areas for ideas and guidelines for the two proposed fire stations in Andover, He requested guidance as to the procedure to follow at this point, Council discussed the size and costs of a main fire station and a northwest substation with Mr. Dillon and Chief Palmer, It was determined the idea would be to get the best station that is affordable, recognizing the issue must be voted on by the residents, Council also acknowledged consideration must be given to the overall development of the City, including a potential for a City police department and additional facilities for staffing, At this point it was agreed the Fire Department should obtain preliminary figures as to the cost of the stations, layout, etc, MOTION by Orttel, Seconded by Lachinski, that we authorize the Fire Department to meet with an architectural representative from TKDA regarding preliminary information on the design and estimate costs of the additional fire stations, Motion carried unanimously, WOODLAND MEADOWS FINAL PLAT Larv Carlson. Developer - stated his calculations on park dedication came to 228,9 acres, which excluded 5,45 acres for county roads, 1 1/2 acres of park has already been dedicated, owing a balance of 21,39 acres, Using $1,260 per acre, he determined a park dedication fee balance of $26,950, Council agreed to that figure subject to the Engineer's calculations and approval, Regular City Council Meeting November 6, 1986 - Minutes Page 8 (Woodland Meadows Final Plat, Continued) MOTION by Elling, Seconded by Lachinski, a Resolution approving the final plat of Woodland Meadows as being developed by Lawrence B. Carlson in the North one-half of the NW one-fourth of Section 10 and the SW one-fourth of Section 3 as presented with the addition of the dedication of park fee of $26,950, which is to be certified by the City Engineer, (See Resolution R190-86) Motion carried unanimously. Council recessed at 10:30 p,m" and then went into closed session with the City Attorney regarding the Bruce Hay lawsuit. The meeting reconvened at 11:25 p.rn, ACCEPT PETITION/WATER & SEWER/SUPERAMERICA MOTION by Orttel, Seconded by Knight, a Resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of watermain and sanitary sewer, Project No, 86-26, in the Bunker Lake Boulevard from Round Lake Boulevard to Underclift Street area, (See Resolution R191-86) Motion carried unanimously, MOTION by Orttel, Seconded by Knight, a Resolution accepting feasibility study, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of sanitary sewer, watermain, Project 86-26, Bunker Lake Boulevard from Round Lake Boulevard to Underclift Street. (See Resolution R192-86) Motion carried unanimously, CANVASS GENERAL ELECTION MOTION by Lachinski, Seconded by Orttel, a Resolution canvassing the returns of the Municipal Election held on the 4th Day of November, 1986, in the City of Andover, Anoka County, Minnesota, as presented, (See Resolution R193-86) Motion carried unanimously, WETLANDS CROSSING/CROSSTOWN RELOCATION MOTION by Lachinski, Seconded by Elling, a Resolution approving Alternate "A" alignment for relocated Crooked Lake Boulevard (County State Aid Highway 18) as presented. (See Resolution R194-86) Motion carried unanimously, SENIOR CITIZEN CENTER/LEAKY ROOF MOTION by Elling, Seconded by Orttel, to authorize the City Engineer to get some competent help and fix the problem of the leaky roof in the Senior Citizen Center, Motion carried unanimously, Regular City Council Meeting November 6, 1986 - Minutes Page 9 MSA VARIANCE/RESOLUTION MOTION by Elling, Seconded by Lachinski, a Resolution requesting variance under Rule 8820,3300 (See Resolution R195-86 providing for maintenance fudning for 1986) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Orttel, that we approve Checks 11833 through 11895 for $226,034,61, Motion carried unanimously, MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously, Meeting adjourned at 11:50 p,m, Respectfully submitted, ~ì~-C'~~ Mar ella A, Peach Recording Secretary