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HomeMy WebLinkAboutCC May 5, 1987 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 5, 1987 - AGENDA 7:30 P.M. l. Call 'co order 2 . Resident Forum 3 . Agenda Approval 4 . Public Hearing - Establish Housing & Redevelopment l\uthority 5. Public Hearing - Ordinance 8 Amendment 6. Public Hearing - Vacation of Easements/East Round Lake Estates 7 . Discussion Items a. Al Parent Variance b. John Kunza Variance c. Boen Construction Variance d. llilliam E. Braun Variance e. Lloyd Bearl Variance f. Laddie Hawkins Variance g. Hills of Bunker Lake Revised Preliminary Plat h. Rum River Ranch Estates Preliminary Plat L 8 . Starf, Committee, Commission a. Recommend Ultimap Apollo System b. TKDA Authorizations c. 9 . Non-Discussion Items a. Approve Kennel License Reneual/P. Prior b. Kensington Estates Final Plat c. Award Bid/86-16/Red Oaks StorI:l. Drain d. Revenue Sharing Compliance e. Order Public Hearing/Oak Bluff Water Trunk f. Approve Plans & Specs/87-3B & C/87-4/87-7/87-8 g. Northglen 2nd Addition/Reduce Escrow h. Feasibility Report/Conceptual Plan/Comm. Ind. Park *' Petition for Street Construction Wobegon Woods Addition l. 10. Approval of Minutes ll. Approval of Claims 12. Adjournment *Not on Published Agenda CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 5, 1987 MINUTES The Regular Bi-Monthly Meeting of the Andover City CounciJ was cal ]ed to order by Mayor Jerry Windschitl on May 5, 1987, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Ell ing, Kn i gh t , Lachinski, Orttel Councilmen absent: None Also present: City Attorney, Wi II iam G. Hawkins; TKDA Engineer, John Davidson: City EngIneering Technician, Todd Haas; Planning and Zoning Chairman, Maynard Ape] ; City Administrator/Engineer, James Schrantz; and others RESIDENT FORUM D. EDWARD AMES. ORR-SCHLENE-MAYERON & ASSOCIATES - explained they have been retained by the Andover Limited Partnership to survey the Downtown Shopping Center project. In doing so, they have discovered the building was staked in error. The east side of the bui Iding is five feet closer to the property line than thought. Mr. Ames then reviewed his May 5, 1987, letter to the Council regarding possible alternatives to the situation. He also noted in June, 1981, the Counc i 1 had granted a variance to al low the loading dock to be 40 feet from the lot 1 ine. This staking error brings the loading dock to 35 feet of the Jot line. Council agreed to add this item to the Agenda. Alan Pa10. 16608 Ward Lake Drive - complained their road is getting soft in the center. He stated C]ass 5 was put on the road a couple years ago, but it has since been bladed off. He'd like to see more Class 5 put on i t to bind the sand. The Counc i 1 asked the engineer to look into the matter and see what can be done. AGENDA APPROVAL It was agreed to add Item 7i, Downtown Center, and 9d 1), Ham Lake Meeting, to the Agenda. Mayor WindschltI asked for a motion to approve the Agenda. MOTION by Knight, Seconded by Elling, to so move. Motion carried unanimously. Regu]ar City Council Meeti ng May 5, 1987 - Minutes Page 2 PUBLIC HEARING - ESTABLISH HOUSING & REDEVELOPMENT AUTHORITY MOTION by Knight, Seconded by Elling, a Resolution establishing a Municipal Housing and Redeve]opment Authority for the City of Andover, and include in that the appointment of the Councilmembers to serve on that Authority concurrent with their terms of office. (See Resolution R058-87) Motion carried unanimously. PUBLIC HEARING - ORDINANCE 8 AMENDMENT The Counc I ] discussed two aspects of the proposed ordinance change regarding setbacks -- side yard setback from a residential street and the setback of any yard along major arterial streets which Include county roads and MSA streets. Mayor Windschitl noted there are two points of view on the setbacks along major arterial streets. One is the existing requirement of a 50-foot setback is excessive, especially in cases where the full right of way Is already dedicated. County right of way can be from 100 to 150 feet. However, If a county road is not improved, he felt the 50-foot setback is accurate. The other is because of the greater amount of traffic on such streets, a ] arger setback is desirable to allow for visual and noise screening and to be able to provide a turnaround so i t isn't necessary to back onto the street. d'Arcy Bosel], Zoning Administrator, explained the staff's recorrunendation to retain the 50-foot setback in the ordinance whether the right of way has been accepted or not as outlined In the Apr i I 28 memo to the Council. Because new plats are not allowed to front on county roads, the circumstances where this would apply are very Ilmi ted. Mayor Windschitl questioned the 50-foot setback applying to the side yard as well, referring to a problem this portion of the ordinance caused in the Hidden Creek Addition along 133rd. He though t I t Is out of line compared to other cities. The Mayor also noted the ordinance change only affects the R-4 district. Discussion then turned to the proposed change of a side yard setback from a street from 35 feet down to 20 feet In the R-4 zone. Mayor Windschi t1 stated the change in Ordinance 8Z did not a1 low for the corner Jots that dead end. The intent was to al low for the contlnui ty of the setbacks when coming around a corner to a continuing row of houses. Councilman Orttel suggested reducing the side yard setbacks from streets to 20 feet unless existing or proposed conditions or structures would dictate otherwise to maintain uniformity. David Almgren, Building Official, suggested reducing the setbacks along major arterial streets to 40 feet, which would conform with Section 4.15 of the ordinance. He also recorrunended a 25-foot side yard setback on streets, feel ing 20 feet is very close to the street, pIus the front setback is 35 feet. Counc i I generally agreed. Regular City Council Meet i ng May 5, 1987 - Minutes Page 3 (Public Hearing - Ordinance 8 Amendment, Continued) MOTION by Orttel, Seconded by Lachinski, an Ordinance Amending Oridnance 8, known as the Zoning Ordinance of the City of Andover, as presented with the f0110wlng changes: that the side yard setback from the street, rather than 35 feet, be changed to 25 feet; that any yard setback along major arterial street be changed from 50 feet to 40 feet only In those cases where full standard right of way of 50 feet from center11ne in the urban section or 60 feet from centerline in a rural section has been acquired; and note that a footnote to the sideyard setback from street that would state that unless the existing or proposed structures would indicate a different setback to maintain uniformity. This applies to the R-4 zone only. Mot I on carel ed unanimously. PUBLIC HEARING - VACATION OF EASEMENTS/EAST ROUND LAKE ESTATES VARIANCE - AL PARENT/EAST ROUND LAKE ESTATES Al Parent. 15523 Potowatomi - requested a vacation of a utility easement on Lot 6, Block 2 of East Round Lake Estates and a variance on the front and sideyard setback on the same lot. Mr. Almgren ca1culated approximately 800 cubic yards of dirt would need to be removed to maintain the same amount of storage area MOTION by Orttel, Seconded by El ling, a Resolution vacating easements on Lot 6, Block 2, East Round Lake Estates in the City of Andover as proposed with the addition of the following: that prior to off icial vacation of those easements, the property owner will r-econstruct the drainage area to allow for an additional 11,400 cubic feet of water In the drainage pond, which would require approximately 800 yards of f 111 to be removed and the area to be restored and reseeded. Motion carried unanImously. (This motion was later rescinded and corrected.) Chair-man Ape! reviewed the request for the variance because of a mistake in ca1culations on the placement of the house. The house violates the side yar-d and fr-ont yard setback requirements. An adjacent property owner indicated he did not object to the request of reducing the side yard setback. MOTION by Elling, Seconded by Knight, a Resolution approving a variance requested by Al Parent to vary from the front yard setback and the side yard setback on the property described as Lot 6, Block 2, East Round Lake Estates as presented. (See Resolution R059-87) Mot! on carried unanimously. MOTION by Knight, Seconded by Lachinski, to reconsider the motion vacating the easements on Lot 6, Block 2, East Round Lake Estates. Motion carried unanimously. Regu1ar City Counci1 Meeting May 5, 1987 - Minutes Page 4 (Vacation of Easements/East Round Lake Estates, Continued) MOTION by Orttel, Seconded by Lachinski, reintroducing that motion but substitute the fol lowing calcu1ations: ...to allow for an additional 21,706 cubic feet of water in the drainage pond and would require approximately 804 cubic yards of fill to be removed... (See Resolution R060-87) Motion carried unanimously. JOHN KUNZA VARIANCE Chairman Apel reviewed the Planning Commission's recommendation to approve a variance to al 10w the construction of a deck closer to the rear lot line than allowed by Ordinance 6. Section 6.02 at 2614 134th Avenue. He also read a note from Mike and Sheri Buda, 13330 Crosstown Boulevard, an adjoining property owner, who had no objections to the proposa I . MOTION by Knight, Seconded by Elling, a Resolution approving a variance requested by John Kunza to vary from the rear yard setback on property described as Lot 1 , Block 4, Lundgren-Oakgrldge Addition as presented. (See Resolution R061-87) Motion carried unanimously. BOEN CONSTRUCTION VARIANCE Chairman Ape] reviewed the Planning Commission's recommendation to approve a variance to allow the construction of a deck within five feet of the property I ine on Lot 18, Block 3, Woodland Terrace 4th Addition. Counc i 1 discussion noted it is an attached deck and the maximum setback on the garage side is 6 feet. MOTION by Lachinski, Seconded by Knight, a Resolution approving a variance requested by Boen Construction to vary from the side yard setback on property described as Lot 18, Block 3, Woodland Terrace 4th Addition. changing the last line to: ·...constructing a deck not less than five feet from the side lot 1 ine.· (See Resolution R062-87) Motion carried unanimously. WILLIAM E. BRAUN VARIANCE Chairman Apel explained Mr. Braun, 910 158th Avenue, Is adding a bedroom onto the rear of his house and Is asking to vary from the rear yard setback of 50 feet to 38 feet. Mr. Braun - explained the house sets on the north side but his drIveway Is off 158th Avenue. MOTION by Lachinski, Seconded by Knight, a Resolution approving a variance requested by William E. Braun to vary from the rear yard setback on the property located at 910 158th Avenue NW. (See Resolution R063-87) Motion carried unanimously. Regular City Council Meeting May 5, 1987 - Minutes Page 5 LLOYD BEARL VARIANCE LloYd Bear] - presented an aerial photograph of Lot 4, Block 1 , Cedar HiJ]s River Estates. He stated he'd like to build a house on the high part of the Jot and keep the septic system out of the lowland. To build on the high portion of the lot, he is requesting a variance from the ordinary high water mark on the Rum River and to vary from the setback requirement of 30 feet from the bluff 1 ine by 10 feet. Council generally agreed wIth Planning Commission's recommendation to grant the variance and noted the need to forward the Item to the DNR. MOTION by Orttel, Seconded by Lachlnski, a Resolution approving a variance requested by Lloyd Bearl to vary from the setback requirement from the ordinary high water mark and from the setback requirement of 30 feet from the bluff line on property known as Lot 4, BJock 1 , Cedar Hills River Estates, and note that any permits Involved be held by the Building Official unti ] the 3D-day period of time for the DNR to review this variance has passed: and that the City Staff notify the DNR immediately to start the 30 days running. (See Resolution R064-87) Motion carried unanimously. LADDIE HAWKINS VARIANCE MOTION by Orttel, Seconded by El ling, a Resolution approving a variance requested by Laddie Hawkins for lot width on property located in Section 24 32 24 as prepared. (See Resolution R065-87) Motion carried unanimously. HILLS OF BUNKER LAKE REVISED PRELIMINARY PLAT Jerry Green. Deve10per - explained they acquired some adjoining property and are asking that the HIl Is of Bunker Lake plat be revised to Inc]ude that property. The road layout has been revised, Jots added to incJude that property, and a cuI de sac created. He stated it does not change the proposed westerly active park, but it is their intent to dedicate the property along the creek as part of the natural park. MOTION by Lachinski, Seconded by Elling, a Resolution approving the revised preliminary pJat of the Hills of Bunker Lake being developed by HI lIs, Inc. , in Sections 35 and 26 32 24. (See Resolution R066-87) Mr. Green explained the Andover ordinance requires the preliminary plat to show all property owned, which is about 511 Jots in the Hills of Bunker Lake IncludIng the property east of the railroad tracks. Regular City Council Meeting May 5, 1987 - MInutes Page 6 (Hi] Is of Bunker Lake Revised Preliminary Plat, Continued) That has created a probJem in that the Environmental Qual i ty Board then requires a full Environmental Impact Statement to be completed. However, they do not Intend to develop the parcel east of the rail road tracks un ti I at least 1990. As long as that property is not developed within a three-year period, the EQB seems satisfied that this is more of a concept plan than a preliminary plat. Another rule of the EQB is if any particular phase exceeds 100 lots, an Environmental Assessment Worksheet is needed. That EAW was done, but It covered the entire parce I . Mr. Green requested the parcel east of the railroad tracks be removed from the preliminary plat, which leaves about 353 residential and 4 commercial lots in the plat. They have already filed Phase 1 wi th 149 lots, but they have agreed to amend the Assessment Worksheet and not to draw more than 99 building permits in Phase 1 unt i I the 3D-day EAW reviewal period is over, which is around June 20. Mr. Green also stated Mr. Downing of the EQB would be satisfied with those changes. Counc I ] discussed the problem with the terminology in the ordinance as It relates to EQB regulations. The Mayor also noted the elimination of the property east of the railroad tracks also affects the financing of the bonds. The property could be assessed If sewer and water were avail abl e to it and the owners of the property could then decide to either hold it and carry the assessments for a period of time or to sell it. Mr. Davidson suggested the Comprehensive Plan be amended to remove that portion from the boundary because they were assured by the Met Counci I staff that, If necessary, the plan could be amended in a few years to incorporate those additional areas. Mr. Green stated they are not requesting that that property not be assessed. They are saying they don't know what the costs wi I 1 be nor what they wi II do with the property. They are agreeing not to ask for platting of that property until at least 1990. MOTION by Orttel, Seconded by Lachinski, that the City Council accept the request of the developers of the Hills of Bunker Lake to eliminate the property east of the railroad tracks from the preliminary plat. DISCUSSION: Attorney Hawkins advised this be done as a variance to Ordinance 10. Councilmen Lachinski and Orttel WITHDREW the Second and the Motion. MOTION by Orttel, Seconded by Lachlnski, introducing a motion to grant a variance from Ordinance 10 to the developers of the H II I s of Bunker Lake allowing them to file their preliminary plat on less than all the contiguous property they own in the area, specifically to f II e the preliminary plat without the property east of the railroad tracks Included. (See ResoJutlon R067-87) Motion carried unanimously. Regular City Council MeetIng May 5, 1987 - MInutes Page 7 (Hil Is of Bunker Lake Revised PrelIminary Plat, Continued) MOTION by Orttel, Seconded by KnIght, dIrecting the Planning CommissIon to redraft Ordinance 10 to require that the sketch plan include all contIguous property owned by the developer but that the prelImInary plat Include only those areas being actually platted at the tIme; and change the termInology of the name of the sketch plan to a conceptual plan to conform with the requIrements of the Environmental Qual i ty Board. Motion carried unanimously. MOTION by Knight, Seconded by Orttel, agreeing to IImi t the lots to 99 or less durIng the perIod of time the EAW Is In affect. DISCUSSION: Mr. Schrantz recommended a resolution be passed regarding those items in the EQB letter, that is to stop the grading on anything other than 99 lots and allow only 99 lots unti I the EAW is approved. Mr. Green stated technically they have 149 lots and are agreeIng to I imI t the building permits to 99 until the EAW Is approved. But they would not want to be restricted In theIr grading and fInishing of the entire Phase nor specIfying which 99 lots wi 11 be developed first. He a1so stated the letter from the EQB was written prior to their knowing Phase I had already been finalized. Attorney Hawkins recommended moving the adoption of a resolution in thIs matter. The plat is of record and the resolutIon shouJd address the lImitation on the number of buIlding permits. Counci Imen Orttel and KnIght WITHDREW the Second and the Motion. MOTION by Knight, Seconded by E11Ing, a Resolution that the bu i I der not get more than 99 buIJdling permits prIor to the approval of the EnvIronmental Assessment Worksheet on the Hills of Bunker Lake plat. (See Resolution R068-87) Motion carried unanimously. RUM RIVER RANCH ESTATES PRELIMINARY PLAT Chairman Apel stated CounciJ had gIven conceptual approval to makIng the riparian lot four acres and allowing three other lots on the property. The developer admits when he was before the Counc iI, he thought he was working wIth a larger piece of property. Larrv StenquIst. developer - stated after the survey was done, i t was discovered he has just over 11 acres. He is asking for four lots; however, two are short on road frontage and two are 1 ess than 2 1/2 acres. He is recombining two river lots to make one four-acre lot. Lot 4 excludes the road easements of 40 feet for Marystone. Regular City Council Meeti ng May 5, 1987 - Minutes Page 8 (Rum River Ranch Estates Pre]iminary Plat, Continued) Tom Grad. 4820 159th Avenue NW - explained his property was sp1it in the 19505 and is less than the 2 1/2-acre standard. He and Bob Sykes to the south of Lot 4 are concerned about some of the frontages and square footages of the lots, especially Lot 4 and Lot 3. He wou]d ] ike to see those two combined into one.· There would then be three lots, only one with substandard frontage. He is also concerned about Roanoke. The developer is proposing to dedicate the 42-foot right of way all on the west side of the road. That would take 22 feet off the east part of his property. He'd rather see 33 feet be taken from the center of the road. He explained Mr. Sykes is go i ng through torrens and is also concerned about the right of way for Roanoke. Mr. Stenquist stated it was done that way to continue what was already started on Roanoke. Counc i 1 discussion with Me. Stenquist and Mr. Grad was on the best way to put Roanoke through that area. Some suggestions wece to take 30 feet either side of the road for easement or possibly to use the 50-foot strip east of the existing road plus 10 feet west for the permanent road. It was finally agreed it would be best to have the property owners affected meet to work out an agreement on the road a I i gnme n t . Counc i I directed Mr. Haas to set up that meeting. Discussion was also on centering 159th to the west, as the existing trave]ed roadway Is to the north of the section line. Counc i I indicated normally a road is centered on the section line, though Mr. Stenquist though t the entire roadway had a1ready been dedicated In its present location. The staff was directed to research that further. If the full-width right of way has already been dedicated, then none is needed from this plat and a coad would be built within that dedicated right of way. Counc i I generally agreed to let stand its previous concept proposal to allow four Jots on this property even though two of the lots wi 11 not meet the area cequirement. It was f e I t that is a faie exchange to Increase an existing substandard lot on the river. Mr. Grad - asked about the ability to have anima1s on the Jots less than 2 1/2 acres. Other Jots in the area are 5 and 6 acres and do have animals, and there is concern of comp1aints from the smaller lots about the animaJs. Counc i 1 noted the ordinance requirements for various animals in the rural area. Counc i I agreed to table this item for two weeks to allow time for both street issues to be resolved. MOTION by EJllng, Seconded by Lachinski, to continue this item to the next meeting. Motion carried unanimously. Regular City Council Meeting May 5, 1987 - Minutes Page 9 (Rum River Ranch Estates Preliminary Plat, Continued) Diane Smith. 20915 Xavis. Cedar. realtor - asked about the abi] i ty to pull a building permit before the final plat is approved. Counc i I noted one permit on a legal parcel or metes and bounds description is allowed if there is no other building on the property. However, it was emphasized that would be done at their- own risk, as there Is always the posslbi11ty that a different configuration would be approved. DOWNTOWN CENTER/DISTANCE TO EAST PROPERTY LINE Counc I J discussed the problem of the five-foot error in staking the building closer to the eastern property line than cal led for on the site plan. Mr. Ames - presented a revised copy of the sketch plan with the five-foot encroachment to the eastern property line. Wayne Anderson - explained the fence wll I follow the Jot line. From the curb to the building there will be 35 feet, and he agreed to eliminate the parking stalls there to facilitate traffic movement behind the building. Mr. Schrantz suggested the fence be moved five feet eastward onto the City-owned property. Mr. Ames believed that was a drainage easement, plus the fence would then be on the slope of the pond. The developers would rather place the fence on the property line. It was generally felt the error does not adversely affect the safety of the area nor the adjoining neighborhood. MOTION by Knight, Seconded by El ling, a Resolution approving a variance request from William Rademacher to allow construction of a loading dock near-er the rear lot line than al lowed by Ordinance No. 8, Section 8.09 (A), changing It from 40 to 35 feet from the rear lot line. (See Resolution R069-87) Motion carried unanimously. Counc i I recessed at 9:45; reconvened at 9:55 p.m. TKDA AUTHORIZATIONS Mr. Davidson reviewed the proposed revisions to the Comprehensive Plan, specifically the map showing the 2000 MUSA boundary (Reference Letter from John Davidson dated May 5, 1987, RE: Comprehensive Plan Update) . The map shows the removal of the areas not serviced on the western end of the boundary and also removes the property east of the railroad tracks. Regular City Council Meeti ng May 5, 1987 - Minutes Page 10 (TKDA Authorizations, Continued) Me. Davidson suggested the area east of the railroad tracks stil I be deferred, but asterisk i t indicating it wou]d be deferred until after 1990. The financing plan does include that area. After meeting with the Metropolitan Council staff and learning the area would be cut back with the understanding the plan could be amended as development warrants, TKDA reviewed the financing and determined there would be a $400,000 deficit to service the bond until the entire service boundary is defined. It was his opinion that the financing will work out because the areas wi]l be assessed as they are developed, assuming the Metropolitan Council wi II give the capacity. Mr. Schrantz stated because it is not known which areas are going to develop first, by not designating the area east of the rai 1 road tracks, it provIdes the ability to expand wherever the growth is. Mayor WindschitJ said those arguments make the assumption the Metropolitan Council wi 11 provide the capacity when it is asked for, and that may not necessarily be the case. He'd rather take the larger capacity now. Mr. Green - stated they would just as soon have the 80 acres east of the railroad tracks assessed. Counc i I agreed wi th the Mayor, generally agreeing to leave the area east of the railroad tracks in the urban service area. And if some other area develops first, there would be the ability to trade. It was aJso pointed out that the total land available for residential development on the acreage summary page should be 529 acres, not 629. MOTION by Orttel, Seconded by Elling, that the Council adopt the amendments to the Comprehensive Plan as presented by the firm of TKDA. Motion carried unanimously. Me. Davidson suggested approval of an authorization to prepare a feasibility for the elementary site sewer and water extension, Project 87-11, along with setting a hearing date for sewer and water in Oak Bluff Addition and acquisition of easements through there for constructing the sewer and water. The cost of the feasibility would not exceed $3,000 and would include the easement descriptions. Counc i I fe It the hearing for the assessment of sewer should not be set unt i 1 approval has been received from the MetropoJitan Council to al low sewer to that area. Mr. Davidson then explained the developers of Hil Is of Bunker Lake have dedicated Lot 3, Block 9, for the well and Pumphouse No. 3. He briefly reviewed the feasibi lity report for Project 87-10, not i ng the capabil i ty of instalJing a water treatment system in the future. Regular City Council Meeting May 5, 1987 - MInutes Page 11 (TKDA Authorizations, Continued) MOTION by Orttel, Seconded by E1 lIng, that we accept the feaslbIl i ty report and order plans and specificatIons for Wel I No. 3 and Pumphouse, Project 87-10. (See ResolutIon R070-87) Motion carried unanimously. Mr. Davidson then reviewed the feasibility report for the Andover CommercIal Park, Phase 1. He questioned whether a public hearing is needed for the construction of Verdin (the realignment of Crosstown Boulevard) or if it is included as part of the Tax Increment Financing DIstrict. Mayor Windschltl stated the intent was to use TIF fundIng but to then be reImbursed by the county. Attorney Hawkins explained it would have to be within the development district to use TIF funds. He felt 429 bonds will have to be sold, whIch can be done wIthout an election, so this can be included In that Issue as opposed to a TIF. Counc I I directed the Attorney and Engineers to determine the proper procedure and to begin the process. MOTION by KnIght, Seconded by Orttel. that we direct the P & Z to rezone this area for commercial purposes. MotIon carried unanImously. Mr. Davidson stated he has prepared a supplement to the original authorization of $15,000 for comprehensive planning. Through March they have used about $4,800 for overa II development of that entire area. Since April they have been working on the detailed plan with internal utIlIties. So the authorization was written as is done In other developments with a curve not to exceed the construction cost. Mr. Davidson then stated for Project 86-22, County Road 18 through the wetland, they have prepared the prelimInary work scope and have met wIth the Agency, expending about $900 of the $1,000 authorized. He asked that they be authorized a maximum of $6,000 to prepare the EAW and go through the EAW process. They have also worked out a realignment of 139th to tIe the new road in with the old. MOTION by Lachinski, Seconded by Orttel, that we authorize up to $6,000 for purposes of preparIng the EAW and obtain permIts from DNR and Corps of Engineers for County State AId HIghway 18 relocation for TKDA. MotIon carried unanImously. MOTION by Knight, Seconded by LachInski, that we accept the feasIbIlIty and order plans and specIfIcatIons for the Andover Commercial Park, Phase I , and VerdIn Street ConstructIon. (See Resolution R071-87) Motion carrIed unanimously. ReguJar City Council Meeting May 5, 1987 - MInutes Page 12 (TKDA Authorizations, Continued) MOTION by Lachinski, Seconded by Orttel, that we authorize payment of the balance of the amount due to the Sonterres for the purchase of their property. Motion carried unanimously. MOTION by El ling, Seconded by Knight, a Resolution approving awarding of the bid of Project 87-2 to Kenko for a price of $982,361.85, subject to an MPCA permit approvaJ, and recognizing that Arcon Construction and S.J. Louis Construction were second and third. (See Resolution R072-87) Motion carried unanimously. RECOMMEND ULTIMAP APOLLO SYSTEM MOTION by Orttel, Seconded by Knight, that the Counc i 1 direct the Staff to prepare a letter in support of the Ultlmap system and submit I t to the Anoka County Board requesting that the Board allocate fundlngs for the Anoka County Highway Department to purchase such a system In 1988. Motion carried on a 4-Yes, 1-Present (Lachinski, as he Is directly involved In the development of the system) vote. APPROVE KENNEL LICENSE RENEWAL/P. PRIOR MOTION by E111ng, Seconded by Knight, that we approve a one-year kennel license for Penelope Prior at 17041 Crocus Street for the year 1987. Motion carried unanimously. KENSINGTON ESTATES FINAL PLAT (Mayor WlndschltJ stepped down to the audience; Acting Mayor Orttel conducted this portion of the meeting.) Counc i I reviewed the Items noted by the Staff. Mr. Windschltl explained the staff would like the line which distinquishes the floodway from the fJood fringe designated on the final plat. However, the county surveyor will not al10w that line to be put on the plat. That line Is approximately 125 feet away from the building pads on the lots. To his knowledge, all other easements are Indicated on the fina] plat. Counc i J required no further easements to be shown. Mr. Windschitl explained the park dedication for the entire plat has been calculated; however, he did not agree to pay the ful I fee up front. He is p]atting approximately 36 percent of the plat and would be willing to pay about 40 percent of the park dedication for the entire preliminary plat. Counc II and Mr. Wlndschltl agreed to a park dedication fee of $4,800 at this time. Mr. WindschitJ stated he Intends to post cash escrow rather than Letter of Credit. Regu]ar City Council Meeting May 5, 1987 - Minutes Page 13 (Kensington Estates Final Plat, Continued) MOTION by Lachinski, Seconded by Knight, that we approve the final plat of Kensington Estates, Phase I , wi th the following contIngencies: that park dedIcatIon fee in the amount of $4,800 be posted; that favorab1e tItle opinion Is received by the City; that the developer enter into a development contract and provide escrow deposit In the form of cash for $98,672; that the developer deposit a security In the amount to cover lega1, engineering, consulting fees and street signs In the amount of $2,700; and that the site grading for Phase I be completed or the developer post an escrow in the amount to be determined by the engineer. (See Resolution R073-87) VOTE ON MOTION: YES-Knight, Lach i nsk i , OrtteJ; PRESENT-EJ ling; ABSTAIN-Windschitl. Moti on carr i ed. APPROVE PLANS AND SPECS/87-3B & C/87-4/87-7/87-8 MOTION by Lachinski, Seconded by Knight, approving Resolutions for plans and specifications for Projects 87-3 Band C, 87-4, 87-7, and 87-8 as prepared. (See Resolutions R074-87, R075-87, R076-87, and R077-87) VOTE ON MOTION: YES- Kn i gh t , Lachinski, Orttel; PRESENT-EJ ling; ABSTAIN-Windschit1. Motion carried. (Mayor Windschitl chaired the remainder of the meeting.) AWARD BID/86-16/RED OAKS STORM DRAIN Mr. Davidson expJained this is part of the contract for Project 87-3A. MOTION by Orttel, Seconded by Knight, dIrecting staff to prepare a resolution awarding the bid for Project 86-16, Red Oaks pond. (See Reso]ution R053-87) Motion carried unanimously. REVENUE SHARING COMPLIANCE d'Arcy Bosell, Zoning Administrator, reviewed her memo to the Council regardi ng the letter from the office of the Secretary of the Treasury to bring the City into compliance for revenue sharing funds. MOTION by Elling, Seconded by Lachinski, that the Ci ty publ ish pubJic notice prohibiting discrimination based on handicap status, refer Item 2 back to the Personnel Comml ttee and have Pol icy No. 10 be drafted for affirmative acction, and appoint Dave Almgren and Frank Stone to do a self-evaluation of the City's physica1 facilities. Regular City Council Meeting May 5, 1987 - Minutes Page 14 (Revenue Sharing Compliance, Continued) DISCUSSION: There was a recommendation that the procedure by the Office of Revenue Sharing just be Incorporated into the Personnel Policy without going through the Personnel Comml t tee. Ms. Bose] I noted an error In that Grievance Procedure in the fourth paragraph that should read the City Council meeting held every First and Third Tuesday of the month. Councilmen Lachinski and Elling WITHDREW the Second and the Motion. MOTION by Knight, Seconded by lachinski, Introducing a Resolution di rect i ng staff to publish revenue sharing handicap regulations as presented here. Motion carried unanimously. MOTION by Lachlnski, Seconded by Orttel, that we adopt the Grievance Procedure for meeting the requirements of the Revenue Sharing Act and make It part of the Personnel Pol icy. Motion carried on a 4-Yes, 1- No (E11ing) vote. MOTION by Orttel, Seconded by Lachinski, that Dave Almgren and Frank Stone be designated as the ones to complete our handicap accessibility self-evaluation and to recommend any transition plans that may be necessary for corrections or weaknesses In our facilities. MotI on carried unanimously. MEETING WITH CITY OF HAM LAKE/REPORT Ms. Bosell eeported on a meeting she attended at Ham lake regarding their desire to form a coalition to deal with the Metropolitan Counci I, specifically their development requirement of four houses per 40 acres and on the rapport between the Metropolitan Council and the municipalities In their general review. Ham Lake Is asking If the City of Andover Is interested in joining such a coalition to study any common problems, and they are asking for a response from the City by June 1. At the present time, Ham Lake is only considering cities In the northern Anoka County area. Counc I ] generally agreed to the concept, asking Ms. Bosell to be the City's representative on this committee in the developmental stage. Ms. Bosel] agreed. ORDER PUBLIC HEARING/OAK BLUFF WATER TRUNK MOTION by Orttel, Seconded by Knight, that we schedule a public hearing for Oak Bluff municipal water for May 28 at 7:30 at the CI ty Hall. (See Resolution R078-87) Motion carried unanimously. Regular City Council Meet! ng May 5, 1987 - Minutes Page 15 NORTHGLEN 2ND ADDITION/REDUCE ESCROW MOTION by Orttel, Seconded by Elling, that the Counc i I reduce the escrow amount held for Northglen 2nd Addition from $125,608 to $75,608 to cover the unpaid assessments. Motion carried unanimously. PETITION FOR STREET CONSTRUCTION/WOBEGON WOODS ADDITION MOTION by Orttel, Seconded by Knight, approve a Resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of street construction, Project No. 87-12 in the WObegon Woods area as prepared. (See ResoJutlon R079-87) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Knight, that we approve Claims numbered 12675 through 12730 in the amount of $131,762.63. Motion carried unanimously. APPROVAL OF MINUTES April 21 . 1987: Correct as written. MOTION by Knight, Seconded by Lachinski, to approve the Minutes of Apri I 21 as written. Motion carried on a 4-Yes, I-Present (Windschitl) vote. Apri 1 23. 1987. Special and Board of Review: Correct as written. MOTION by Knight, Seconded by Orttel, approval of the Special Meeting and Board of Review for April 23. Motion carried on a 4-Yes, I-Present CLachinski) vote. Apri 1 7. 1987. ReGular: Correct as written. MOTION by Knight, Seconded by Lachinski, approval of the Apri 1 7 Minutes as written. Motion carried on a 4-Yes, I-Present (Windschitl) vote. Apri I 6. 1987. Special: Correct as written. MOTION by Knight, Seconded by El ling, to approve the April 6 Minutes. Motion carried on a 4-Yes, I-Present CLachinski) vote. Regular City Council Meeting May 5, 1987 - MInutes Page 16 NEW ELEMENTARY BUILDING/SCHOOL DISTRICT NO. 15 Ms. Bose] I reviewed the District 15 School Board's decision to build a new elementary schoo] in southern Oak Grove or northern Andover. If Andover is interested, the DIstrIct 15 offices should be contacted. VARIOUS ADMINISTRATIVE ITEMS The Council revIewed the various items received from staff. MOTION by Orttel, Seconded by Lachinski, that we appoint Melinda Coleman to the Cable Commission. MotIon carrIed unanimously. Mr. Schrantz stated the public hearIng for the extension of Hanson Boulevard must be held. The Mayor recalled the CouncIl preferred the assessment to be based per 40 acres from the roadway as was done for the southern portion of the road. Mr. Schrantz stated that may not work as well because of the smaJ J Jots on the nothern end. Counc I I thought consideration should then be given to splitting it Into two projects; however, no final decisIon was made at this time. After some discussion. Counc i I agreed not to advertise the industria] park in the League magazine and not to contrIbute to the olympic training facilities at this time. Counci 1 also asked that the items of managing the industrial park and a meeting with Josephine Nunn be added to the May 28 agenda. MOTION by Ortte], Seconded by Knight, to adjourn. Moti on carr i ed unanImously. Meeting adjourned at 11 :35 p.m. Respect fu II y sUbn:L~te~ \\~~~ Marce]la A. Peach Recording Secretary .