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HomeMy WebLinkAboutCC May 17, 1988 .~ '} " / - ~'. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 17, 1988 AGENDA 8:00 P.M. I. Call to Order 2. Resident Forum 3. Agenda Approval Public Hearing/IP88-4/Round Lake Boulevard 4. Discussion Items a. New Generation Homes Mining Permit b. Fox Meadows Park Layout Discussion c. Dog Bite Complaint d. Scott Erickson Discussion e. Gaughan Companies Rezoning f. Ordinance 8 Amendment g. Anoka County Special Use Permit h. Gene Brown Lot Spl it L Solid Waste Abatement Work Plan/Joint Powers Agreement J. Ordinance 10 Amendment k. Gammon Bros. Mining Permit l. Approve Purchase Agreement/Commercial Park m. 5. Staff, Committee, Commission a. Planning Commission Chairman/Sketch Plan Discussion b. Lease Copy Machine c. Tax Forfeit Land Sale d. Timber Trails Park Dedication e. Recommended Stop Signs/Sheriff's Department f. Assessment Abatement g. GIS Computer System Joint Powers Agreement h. 6. Non-Discussion Items a. Deerwood Estates Final Plat b. Declare Adequacy of Petition/Uplander c. Award Bid/87-32/Winslow Hills d. Approve Easement Acquisitions e. Accept Appraisal/Sonsteby Assessment Appeal f. Approval Plans & Specs/88-4; 88-7; 88-6; 88- 1 I g. Approve Final Payments/87-3A; 87-3C; 87-7 h. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment -. ;.. rCA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 . REGULAR CITY COUNCIL MEETING - MAY 17, 1986 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called by Mayor Jerry Windschitl on Mal' 17, 1988, 7:30 p.m., at at the Andover CIty Hall, 1685 Crosstown Boulevard NW, Andover, MInnesota. Councilmen present: Apel, EllIng, KnIght, Orttel Councilmen absent: None Also present: CIty Attorney, WIllIam G. Hawkins; Planning and Zoning CommissIon Chairperson, Marge Perry; AssIstant CIty EngIneer, Todd Haas; CIty Planner, Daryl Morey; AdminIstrator, James Schrantz; and others RESIDENT FORUM Countv CommissIoner Natalie Haas-Steffen - reported the cemetery off Seventh Avenue has been cleaned and fenced. She understands the City Staff is working wIth the Historical Society to look into the histor- ical background and that the City will be responsible for Its upkeep. CommIssioner Haas-Steffen also reported on what has taken place to date regarding the appointment for the Coon Creek Watershed Board. She stated of the six candIdates, one wIthdrew. Each candIdate was asked five questions dealing with their knowledge, experience, and recommendations of the Watershed. One candidate applIed In wrItIng and another replIed via vIdeo tape. Mr. Slyzuk was the top candIdate. CommIssIoner Haas-Steffen stated she talked with members of the Watershed Board proposIng they look at whether they are operatIng wIthIn the State Statutes and what can be done to reduce costs to proJects. She proposed they ask the County Board and the State offIce of the Water and Soil Resources staff and Board for help. Commissioner Haas-Steffen summarIzed a May 9 letter from the Coon Creek Watershed Board of the actions they were takIng. They requested an audIt by the Minnesota State AudItor so there Is no questIon concerning the handling of their finances; they requested the State Water and SolI Resources Board to examIne their dIstrict In I ight of their legality and conformance to State law; and they requested the County Board to examine the way they are relating to the cItIzens and other governmental bodies to see If they are operating In an acceptable manner. CommIssioner Haas-Steffen stated one person pIcketed the County Board meeting today, about ten people interested In this matter were present, and four or five testified before the Board. Mr. Holasek gave what he consIdered a minority report of the interviewing --. Regular City Council Meeting Minutes - Mal' 17, 1988 Page 2 (Resident Forum, Continued) committee. She found a provision of the law where the Watershed Board can establish an advisory committee to advise and assist the Board on all matters that affect the interest of the District and make recommendations on all contemplated proJects and Improvements. The Commissioner stated today she presented a motion that asked the Coon Creek Watershed Board to address three Items before a permanent appoIntment is made to that Board. Mr. Slyzuk continues to serve In that capacity until a permanent appointment Is made. The items to be addressed are that they Immediately comply with the provision to apppoint an advisory committee. that the Board consider Increasing Its membe.shlp by at least two because of the amount of development and population Increase In the the District since the Watershed Board was formed. and that the Board provide wrItten polIcIes, procedures and processes to address the complaInts of substandard work, I I legally movIng dItches, etc. CommissIoner Haas-Steffen stated a letter noting these Items wIll be delivered to the Coon Creek Watershed Board for their consIderation at their Monday evening meeting. The County Board wi I I not make an appoIntment until a response has been received on these three poInts. AGENDA APPROVAL It was recommended the fol]owlng Items be added to the Agenda: 4m, Rlccar; 4n, Ordinance Establishing Street Lighting; 6h, Woodland Meadows PetItion for Street Lighting; and 6i, Ward Lake DrIve and University Avenue No Parking Resolution. MOTION by Orttel, Seconded by Elling, to approve the Agenda as amended. MotIon carried unanImously. PUBLIC HEARING/IP88-4/ROUND LAKE BOULEVARD John Rodeberg, TKDA, reviewed the feasibility report for extending sanitary sewer and watermain along Round Lake Boulevard to south of Jonqu I I Street to serve three lots. The estimated proJect cost Is $36,000 with assessments ot $24.20/FF for sanItary sewer and $17.50/FF for water. The vacant lot is unbulldable, but can be made buildable. Mr. Johnson - stated It has been eight months since he requested utilities, asking why It took so long. When he applied for his buIlding permIt three weeks ago, It was with the understanding that this had to be done first. He stated he had no problem with the proposed cost of the utl]ltles. The Council wasn't sure what caused the delay except for wanting to make sure everyone was satIsfied with the costs Involved before proceedIng. MOTION by Orttel, Seconded by Apel, to close the Public Hearing. Motion carried unanimously. Regular City Council Meeting MInutes - May 17, 1988 Page 3 (Public Hearing,'IP88-4/Round Lake Boulevard, Continued) MOTION by Orttel, Seconded by Elling, a Resolution ordering the improvement of watermain and sanitary sewer, ProJect No. 88-4 in the 14500 block of Round Lake Boulevard area and directIng preparation of final plans and specIfIcations as prepared. (See ResolutIon R082-88) Motion carried unanImously. NEW GENERATION HOMES MINING PERMIT Chairperson Marge Perry reviewed the Commissions' recommendation to deny the SpecIal Use Perffil t to mine dIrt on approxImately 13 acres in Indian Meadows. The orIginal request was for an area considerably I arger than the second request of 13 acres. The Commission looked at the problems that would be created such as soil erosion, trucks entering and eXiting through a residential area, the safety factor of trucks entering onto Seventh Avenue, and that this could be an on-going operation. She believed the three Commissioners who voted against the denial preferred to control the mining wIth a Special Use PermIt. Chaiçperson Perry also thought a concern was the fact that the property has never been properly restored from the mining done previously. Wavne Bachman. New Generation Homes - stated the calculations and grading plan were done three years ago, stating at that time there was 1.2 million yards of dirt available. He explaIned the request is to remove 80,000 yards of dirt. He stated he Is not aware of any violations of the previous permit, and they have met the required slopes. There are some very steep natural contours in this area, and they would be takIng the dirt from the side of the hi I I and mov i ng the sIde slopes back, not digging a pIt or a mine. They are not taking the ground down below the natural elevation that exist on the south edge. They are Just moving the existing contours farther to the north. Mr. Bachman stated their plans have changed in that areas outside of this area are not planned for excavation such as around Round Lake or where they are presently working on a preliminary plat. They have gone to a çestrictive site in response to the neighbors' and Planning Commission's concerns. He reviewed his April 19 letter of their agreement to I imi t the site, to take off the top soi I and restore it when gradIng is complete, to seed the excavated area with rye grass, to conform to the 4:1 slopes, and to restrict hours of operation to Monday-Friday, 7 - 7 o'clock, Saturday, 7 to 12 noon. They have also agreed to inform the contractor of the concerns of the residents and the City regardIng the driving on the street shoulder and loss of load on the street, and that the laws wi I I be strictly enforced agaInst them. The permIt would be for a period of one year. Regular City Council Meeting MInutes - May 17, 1968 Page 4 (New GeneratIon Homes Mining Permit, Continued) M.. Bachman stated the future plans for the balance of the property is that it Is like]y there would be some areas adJacent that would have some f I I I removed. But he understands and agrees If the mIning would result In over 40 acres with an average of 10 feet or more of materIal removed, an EnvIronmental Impact Study would be requIred. And this proJect would be counted toward that 40-acre calculation. Councilman Elling asked if this Is beIng done In phases, is the law requesting an EIS beIng subverted. Should one be done now if It Is going to be done In phases over a perIod of time? Mr. Bachman stated that is not their intent. He thought the EIS provision became effective sInce the fIrst mining was done. His hope is the development of the land will move quickly enough that there won't be the opportunIty to remove that dirt. But he could not say for sure that more mining wouldn't be done. Programmed Land has owned the land since 1972 or 1973. Mr. Bachman explained they are workIng on other areas for development. TheIr purpose Is not to walt for the f 11 I to be removed betore 1 t Is developed. If lots are being absorbed quIckly enough, the property would be developed. Removing the fill allows them to grade streets, etc. , as they go, and 1 t makes It more economical to develop the lots at a lower price. Mayor Wlndschltl asked if It would be possible to exit the mining area at 153rd. Mr. Bachman stated Zenia Street as shown is not an existing street. The proposal Is to run out Zenia onto Highway 20, then to Seventh Avenue south. To go out 153rd would require crossing the draInage dItch and it would be a long run. They are not proposing to plat the property at this time. Councilman Orttel noted If Mr. Bachman was here with a plat instead of a mining permit application, he could remove the dirt and wouldn't have to meet any of these requIrements. Mayor Wlndschltl stated the advantage of the plat Is knowIng what Is going to happen to the property after the mining is finished. If It was graded to a plat, those fears would be eliminated. Councilman Orttel stated some cities require a daily replacement of topsoil over excavated areas to heJp with water and wind erosion and to get growth materIal started quickly. Mr. Bachman stated they wouldn't have a problem with puttIng topsoil over the area once they get It to the final elevation. The perml t Is effective for one year because It mal' take up to that amount of time to do the proJect. He would not be opposed to a restrIction of restorIng the entIre area anytIme work is not done for a perIod of ten days. What mal' happen Is they take out 30,000 yards at one point, and It mal' be sIx months before the balance Is taken. He thought the work would be done at least two different times. Regular City Council Meeting Minutes - Mal' 17, 1988 Page 5 (New Generation Homes Mining Permit, Continued) Counc i I thought the ordinance did not allow mIning on weekends. Michele Stinson. 15643. Inca Circle - thought one of the problems is a lack of trust between New Generation Homes and the residents. Todd Haas stated there were two areas that were mined -- there was a permit for one but not for the other. Ms. Stinson thought the dirt was going to Anoka, which doesn't do much for Andover. She was concerned about the access onto Seventh Avenue. If they ruin the road they have to pal' for it, but then do the residents have to live through road construction too? Ms. Stinson was also concerned about safety and the noise level , hoping It Is true that they couldn't do anything on Saturday. She didn't think they had a good track record about finishing a Job. Though the permit Is for one year, they could come back in year after year if they don't finIsh. Whether It is a pit or not, it is still messy and very dusty. She doesn't want to live next door to a dirt mine. Tom Minor. 15629 Kiowa Street - referenced a letter he had wrItten to the City expressing his concern over the proposed proJect and suggestions should it be approved. He dIdn't thInk there was any misunderstandIng between what was proposed by New Generation Homes and the resIdents and Planning CommIssion. Unfortunately, he felt there would have been more residents here but many felt they were fighting a loosing battle. Darlene Lazarz. 3705 157th Avenue - asked about the hau] route. M.. Bachman stated it is approximately 1/4 mile from the mining area to County Road 20. The road wi II have a sandy topsoil and wide enough for two trucks. He didn't think it would blow any more than if the trucks don't go on it and a lot less than farming it. At some point in time that property will have to be graded. Ms. Lazarz - stated she lived there for 25 years and knows how it blows when the wind is blowing. She thought there would be one funnel of dirt blowing across there constantly. Those moving Into the area were under the impression it was goIng to be all populated and that they wouldn't have to put up with the blowing sand. She also stated there were about 50 people at the P & Z hearings that were opposed to granting the permit. CouncIlman EI]ing restated his concern for the EIS worksheet 1 f it is going to be a mining operation that wlil go on for a period of time. Secondly, he'd like to have engineering look at what would happen with the approved preliminary plat as a result of this minIng. Counci lman Apel understood that the nature of deveJopment causes Inconveniences; but he felt under proper controls wIth a special use permit, many of the problems can be control]ed and prevented. Regular City Council Meeting MInutes - Mal' 17, 1988 Page 6 (New Generation Homes Mining Permit, Continued) Councilman KnIght was concerned that the area would end up being a continual dust bowl, as 80,000 yards mal' not be enough. Mr. Bachman stated 80,000 yards Is what they need now. If they have another proJect In the future that requires dIrt and this proJect hasn't yet been developed, they'd like to use their own dirt rather than buy dirt. They feel that being ab1e to use the dirt and grade the streets at the same tIme gets them closer to the obJective of deve]oping that property. That property was being farmed when the resIdents bought their houses, which was considerably worse than what they wi] I be doing. Councilman Orttel stated the City is not Interested In a long-term, on-going mining operation on that property. Mr. Bachman stated that is not what they are proposing. MOTION by Ape I , Seconded by Orttel, that we table this special use Permit decisIon until such time as the Engineering Department can meet wi th M.. Bachman and come up with a more specific plan of controlling some of the items that the neIghbors are concerned with, hopetu I I I' ready for the next regularly scheduled meetIng. DISCUSS ION : Attorney HawkIns stated there wIll be a wrItten agreement wIth Mr. Bachman, but the specIfic facts must also be set forth In the resolutIon. CouncIlman Apel clarltled the motIon In that the resolutIon would be for approval of the permIt and would set forth al I the condItIons to address the concerns of the residents and the Council. Mr. Bachman explained Programmed Land Is the parent company that holds title to the property. New Generation Homes buIlds the homes, and sells and develops Jots. New Generation Homes is requesting the permit under an option agreement with Programmed Land to develop this property. New Generation Homes is also the entIty in Anoka that needs the fill. Mr. Haas stated the gradIng plan needs to be looked at again and corrected and look at a silt fence along the ditch. He also thought the application should be from Programmed Land, the fee owner of the property. Mr. Bachman agreed if there Is an error on the grading plan, they wI II revise it to the Staff's approval. M.. Minor - stated a lot of restrIctIons have been dIscussed, though he is obviously opposed to the proJect. But he is personally in favor of tabling the Item to the next meeting untIl the EngIneers have a chance to look at some of the questions. He doesn' t wan t the truck traffic and dirt problem, but his biggest concern is the noise and safety hazard of the truck traffic, especiaJly the trucks pul lIng out from CoRd 20 onto Seventh Avenue. He felt 1 t Is virtually Impossible to pol ice them. Motion carried unanImouslY. The item Is to be on the June 7 meeting. Regular CIty Council Meeting MInutes - Mal' 17, 1988 Page 7 FOX MEADOWS PARK LAYOUT DISCUSSION Park and RecreatIon CommIssIon ChaIrman Marc McMullen explaIned the Fox Meadows Park was consIdered a regIonal park when the ComprehensIve Park Plan was done, and they budgeted to grade and seed It thIs year. However, the resIdents have expressed concern over the desIgn and over the overa I I Intended use of the park. Bob Renke I . 16001 Fox Street - represented the residents in the area and provided maps to the Council of their suggested park layout. Because of the Park Board's recommended use of the park, they feel they would experience the problems of dust and traffic and noise. Children would be attracted to the park and would have to c~oss Fox Street, which has a 55 mph speed limIt, to get to it. Mr. Renkel reviewed the residents' proposal of rerouting County Road 58 to turn west before Fox Street to meet County Road 7 at 159th. They have met with some county officials, and County Road 58 is on the Highway Department's agenda next week to consider makIng that change. He encouraged the Council to look favorably upon acquIring the land tor County Road 58 when the county approaches the CIty on that. Mr. Renkel hoped the development of thIs park could be tabled until that road is realigned. Counc i I generally felt the realignment of CoRd 58 would be a good one but asked that the EngIneers look at the affect on the lots that 1 t would have to go through. Countv CommIssioner Haas-Steffen - stated It appears the proposal has some merIt and had suggested that this be discussed by the County HIghway Department. That road is up for a speed zone study. She thought the entire area needs to be looked at and they haven't even looked at the budget for next year yet. Chairman McMullen stated they have budgeted to do it this year and had hoped to go out for bids as soon as possible. But he doesn't oppose Mr. Renkel's plan If the plan would go through. Mr. Renkel - stated they stIll would prefer It to be a nature park. They realIze a regIonal park will mean more traffic and noIse. In I ight of that, they would like to see extra care in the development of the park. He asked to slow down to research all those things to minimize the impact to the neighbors. MOTION by Ape], Seconded by O~ttel, that we tabie this park plan until we have a chance to look at it more intensely and also get more Input from the County as to their feelings on the highway configuration on CoRd 58. Motion carrIed unanImously. Regular City Council Meeting MInutes - Mal' 17, 1988 Page 8 TIMBER TRAILS PARK DEDICATION Chairman McMullen stated there Is a privately-owned park In the area of the TImber Trails development. The developer Is proposing to turn over everything to the City as a part of their park dedication wIth no indications of any other monel' to be spent. There Is an outhouse there which might be Illegal. He asked for CouncIl guIdance as to whether this can be accepted In lieu of park dedIcation. The Park Board basically I ikes the idea. Counc i J stated to take anything In kind, the normal calculatIon needs to be made of what would be owed and the value of what Is being given; and If there Is a deficiency, It must be made up in monel'. The Pdl·k Board could require the outhouse be removed beforehand. DOG BITE COMPLAINT Luke Davlch. 27805 Cook Creek Drive - stated his dog is not a German Shepherd. He explained the Incident of coming home and findIng a boy and his father on the yard alleging his dog bit the boy about half an hour before. He asked that the boy be taken to the Coon Rapids CJlnic, agreeIng to pal' the expenses. In viewIng the wound, it was apparent that the leg was scratched but it was healed by a scab. The Clinic concurred the scratch was well healed, yet this was supposed to be two hours after the Incident. He stated the City can call the Clinic to verify that. Mr. Davlch stated to hIs knowledge, the dog hasn't bitten anyone. He said It has not been proven that the dog bit anyone. He dIdn't know the glr] who stated she was bit; but he thought It was a frIend of the boy, beJlevlng she was not bit eIther. He stated he Is concerned hImself, that the dog Is a family pet and is not a biter, and he would lIke proof that the dog did Indeed bIte someone. There are many many chIldren In their yard all the time, and this Is the first Instance that he Is aware of that this dog has been accused of biting someone. Counc i I agreed to speak with the Deputy on this matter, agreeIng to table it to the first Item at the next meeting. Counc 11 also asked to see the reports. MOTION by Apel, Seconded by Orttel, that we table this to the next meeting until we get some facts from the Deputy. MotIon carrIed unanimously. SCOTT ERICKSON DISCUSSION Counc II noted the memo from Mr. Schrantz that the gas company agreed to not make the Erlcksons move the pool unless there was a problem Regular CIty Council Meeting Minutes - May 17, 1988 Page 9 (Scott ErIckson Discussion, ContInued) wI th the gas lIne that would requIre movIng the pool, whIch would be very unlikely. M.. Schrantz Informed the Erlcksons that the fence should be moved per the d~awlng In the Agenda packet. CouncIlman EJJing suggested the agreement be made In writing by the gas company; and If the pool dId have to be moved because of the gas company, the fence should be moved to the easement lIne also. Scott Erickson - stated he cannot move the fence because It would have to come up on the grade where the pool Is. He stated he dId not ask for this. He felt the City should have told hIm the easement was there and asked for help In movIng the pool. Mr. ErIckson stated hIs pool is going to be moved anyway. He asked why dId he buy a permit. That was supposed to help hIm know where to put the pool, thInking the City should have told him the easements were there. He complained he spent the $35 and it got him nothing. Counc I I dIscussion was the City has no control over the gas company or Its easement and that the CIty Is not legal]y responsible for the error. MOTION by Ape I , Seconded by EllIng, that the fence as I t stands can remain where it is presently, but If Rosella or the property owner to the north sIde builds a fence to the property line or buIlds a fence in such a way to make it impossIble for the PublIc Works to get back In there, then the fence will have to be moved off the easement at the owner's expense. MotIon carried unanimously. M.. ErIckson - stated he is in the process of moving the pool right now, again askIng why he paid for a permit. Counc i I noted it Is basIcally for Inspections. Also, the City doesn't always know about al I the easements, that It Is the property owner's responsIbIlIty to know about the easements. Mr. ErIckson - showed pictures of the drain pIpe in his back yard where there Is a bIg dropoff. He thought it was very dangerous and should be corrected. Also the chIldren pJay in the back yard and could crawl in It. Counc i I directed staff to correct the probJem. GAUGHAN COMPANIES REZONING Chairperson Perry reviewed the PlannIng CommIssion's recommendation to approve the rezonIng from R-l to R-4. It Is in the MUSA area, and sewer and water wIll be avaIlable to the property. There were no comments from the audience. MOTION by EllIng, Seconded by Knight, an Ordinance amending OrdInance No. 8, known as the ZonIng OrdInance of the City of Andover for the rezoning of the Gaughan property. Motion carried unanimously. Regular City Council Meeting Mal' 17, 1988 - MInutes Page 10 ANOKA COUNTY SPECIAL USE PERMIT ChaIrperson Perry reviewed the CommIssIon's recommendation to deny the County's request to allow the constructIon of a 300-foot radio communicatIons tower for dIspatching polIce, fIre, hIghway and park servIces throughout Anoka County. They were not opposed to the tower or Its purpose but were concerned that it would be very close to the IntersectIon of Hanson and Bunker Lake Boulevards. At the tIme of the hearIng, the MetropolItan Council would not consIder a tower on the on-sIte buffer area of the proposed landfIll. SInce then, Mr. Morey has contacted the Met CouncIl and was told they would not be opposed to the on-sIte buffer area. whIch Is what the P & Z had hoped to accomplish. Bruce Wolack. Anoka Countv Central CommunIcatIons - revIewed drawIngs of the proposed locatIon where the tower would sIt even wIth the fence. The Metropolitan Council has said the tower could be placed on the buffer area as long as the guy wires do not touch the actual sIte. That will be the maIn tower for all fire, police and medical emergencies In Anoka County. They had also hoped to build a radio repair shop in that area. MOTION by Orttel, Seconded by Elling, a ResolutIon approvIng a SpecIal Use Permit by Anoka County for a 300-foot radio communications tower on the NW 1/4 of the SW 1/4 of SectIon 35, Township 32, Range 24, Anoka County, Minnesota, with the third WHEREAS being inserted: WHEREAS, the tower wIll be located as far east from Hanson Boulevard toward the County Highway BuIlding as possible, totallIng 500 to 600 feet east of Hanson, and as far south of Bunker Lake Boulevard as practIcal. (See Resolution R083-88) MotIon carried unanimously. GENE BROWN LOT SPLIT MOTION by Orttel, Seconded by Knight, a Resolution approving the lot spIlt as requested by Gene Brown for property located at PIN No. 32 32 24 42 0012 to the requirements of City Ordinance No. 40 as presented. (See Resolution R084-88) Motion carried unanimously. SOLID WASTE ABATEMENT WORK PLAN/JOINT POWERS AGREEMENT MOTION by Elling, Seconded by Knight, that we enter into a Joint Powers Agreement with the Anoka County Solid Waste Work Plan, Joint Powers Agreemnt as presented, and authorize the Mayor and City Clerk to sign it. Motion carrIed unanimously. GAMMON BROTHERS MINING PERMIT MOTION by Orttel, Seconded by KnIght, that we refer the Item of the Gammon Brothers mining permIt back to the Planning Commission. Motion carrIed unanimously. Regula~ City Council Meeting Mal' 17, 1988 - MInutes Page 11 APPROVE PURCHASE AGREEMENT/COMMERCIAL PARK Attorney Hawkins explained Kent Roessler has made an offer to purchase Lot 1 , Block 2 of the Commercial Park for 65 cents per square foot, totalling $31,135, plus they pal' all the connection charges. The Intended use Is a sIx-bay self-serve car wash. Counc II noted they have not seen a sketch plan for this lot. Kent Roessler - had a sketch of a four-bay car wash, but they wi] I be adding another bay onto it. M.. Morel' felt it would be better to face the bays onto 136th Avenue. Mayor Wlndschltl disagreed, thinking It would adversely affect the Rlccar building across the street. He preferred the bays face VerdIn wIth the entrance off 136th. M.. Roessler - dIdn't have a site plan yet and would be wil]lng to provide one once he Is assu~ed the City would allow a car wash on that lot. He thought it would work out better to have the bays face Verdin and enter and exit onto 136th. Counc I I generally had no problem with the intended use of a car wash on the lot, but agreed to table the I tern unti I a site plan is presented. MOTION by Elling, Seconded by Knight, that we continue the approval of the purchase of the Commercial Park lot to Kent Roessler until he has everything ready. Motion carried unanimously. RICCAR Attorney HawkIns explaIned they are plannIng to assign the purchase agreement to a construction company so they can get a like-kind exchange with their existIng building. They wi II exchange their building with the construction company and sell It to a third party as a tax exchange. When the deed Is Issued, I t wi I I be to Burr Oak Builders. It does not affect the City. He also gave the Council some covenants that will be recorded against the plat so the City has that control on the plat regardless of who owns it. DECLARE ADEQUACY OF PETITION/UPLANDER Counc i I discussion was on the size of the lots, questionIng what took place in the past since every other lot Is not built upon. The Staff was asked to research whether a Council motion had ever been made mak I ng those lots unbulldable, or whether they predate the ordinance and are buildable. Regular City Council MeetIng May 17, 1988 - MInutes Page 12 (Declare Adequacy of Petition/Uplander, Continued) -1- - stated the residents were told the reason they could only build on every other lot was because it would not be possIble to put in a sewer system far enough away from the next person's well unless they were staggered. Council discussion noted if the problem with the vacant lots cannot be resolved, they cannot be assessed; or if they a.e assessed, in all llkelhood they would forfeit. Council asked staff to get the backup material on this as to what took place and the average sIze of the lot. MOTION by Elling, Seconded by KnIght, that we contInue the Item No. 6b until the next meetIng. Motion carrIed unanImously. NON-DISCUSSION ITEMS MOTION by Knight, Seconded by Ape], approval of Items 6a, 6c, 6d, and 6e. (See Resolution R085-88 - Deerwood Estates FInal Plat; Resolution R086-88 - Award Bid/87-32/Winslow Hills; Easement Acquisitions Approval for ProJect 87-11 and 88-1; and Sonsteby Assessment Appeal, AppraIsal Acceptance) Motion carried unanimously. TAX FORFEIT LAND SALE Mayor Windschltl stated Loretta Boyem would like to be able to buy the sliver of land off of Sycamore to gain access to the property behind. She would like the CIty to facility purchasIng it. She feels she was supposed to have an entrance into that property. Attorney Hawkins advised the City could buy It and sell it for private purposes as was done previously. MOTION by Orttel, Seconded by E]]ing, that the Council direct City Staff to deal with Anoka County for the direct purchase fo. private use of the parcel descrIbed as No. 14 32 24 44 0001. MotIon carried unanimously. MOTION by Orttel, Seconded by Knight, that the CIty acquIre 29 32 24 42 0006 from the tax forfeit property list of Anoka County for publIc purposes. MotIon carrIed unanimously. CouncIl felt the parcel mal' be usable for a left-turn land in the future. No actIon was taken regarding the other tax forfeIt properties. CouncIl recessed at 10:39: reconvened at 10:45 p.m. Regular City Council Meeting Mal' 17, 1988 - MInutes Page 13 PLANNING COMMISSION CHAIRMAN/SKETCH PLAN DISCUSSION Chairperson Perry addressed the Council regarding some of the problems resulting from the procedure of havIng the developer present the sketch plan to the Council first. The Planning CommissIon is proposing the sketch plan come to them first to look at it as it relates to the ordInances. Then it would come to the Council; and if the Council feels there are mItigating circumstances that would warrant variances from the ordinance requirements, It could be conveyed to the developer at that time and incorporated Into the preliminary plat. Council agreed. Mayor Wlndschltl also asked that the P & Z offer suggestions as to how to deal with some of the remnant parcels that are beIng developed. ORDINANCE 8 AMENDMENT ChaIrperson Perry stated they have not yet had tIme to look at applying these regulatIons to both the rural and urban areas, such as setbacks, etc. But thIs proposal relatIng to Junk vehicles wIll give the CIty the ability to deal wIth the problem of Junk cars and reduce their numbers. Mayor Windschltl asked the benefit of changing the off-street parkIng from four to two. Mr. Morel' explained it addresses the number of complaints of vehicles being in the back yard. Off-street refers to the rear yard. Mayor WlndschltJ also thought the abatement period is usually 15 or 20 days rather than 30. Chairperson Perry stated the Zoning Administrator specifically requested 30 days. CouncIl agreed to 20 days. MOTION by Elling, Seconded by Apel, an Ordinance amendIng Ordinance No. 8, the Zoning Ordinance of the CIty of Andover, as presented, except for changing the 30 days to 20 in Section 8.24. Motion carrIed unanimously. ORDINANCE 10 AMENDMENT ChaIrperson Perry reviewed the Planning Commission recommendatIon that no changes be made to OrdInance 10 regardIng the addition of a concept plan In the plattIng process. They questioned why an EAW should be sidestepped, thinking the additional Information would be helpful as they review a plat. 0 Regular City Council Meeting Mal' 17, 1988 - Minutes Page 14 (OrdInance 10 Amendment, Continued) Mayor Wlndschltl explained the request came from the Environmental QuaIl ty Board. They acknowledge that some of their rules don't work, and they saw an Andover requirement that a lot of other cIties don't have; so the rules wouldn't be uniformly applied. Because Andover calls It a prelIminary plan Instead of a concept plan, the EQB's rules kIck in and an EAW Is requIred where It wouldn't be requIred In a City which called it a concept plan. EAW's normally are for some sensitive Issue such as environment, traffic, etc., which are not a problem In Andover. M.. Schrantz advIsed the EQB Is consIderIng a requIrement to have an EAW done for the entIre urban area at one tIme. It was agreed to refer the Item back to the P & Z for further consideratIon. MOTION by Elling, Seconded by Apel, that we refer It back to the P & Z for further study. MotIon carrIed unanimously. APPROVE PLANS & SPECS/88-4: 88-7: 88-67: 88-11 Mr. Rodeberg reviewed the plans for the proJects. MOTION by EllIng, Seconded by Knight, a Resolution approving final plans and specifIcations and ordering advertIsement for bids for ProJect No. 88-4, Round Lake Boulevard for watermaln and sanitary sewer construction, as presented. (See Resolution R087-88) Motion carried unanImously. MOTION by Knight, Seconded by Elling, a Resolution approving final plans and specifications and orderIng advertisement for bids for ProJect No. 88-7, for Brandon's Lakevlew Estates for watermaln, sanitary sewer and street construction. (See Resolution R088-88) MotIon carried unanimously. MOTION by Elling, Seconded by Apel, a Resolution approving final plans and specifications and ordering advertisement for bids for ProJect No. 88-11, Hidden Creek East for watermain, sanitary sewer, storm drain and street with concrete curb and gutter construction, as presented. (See Resolution R089-88) Motion carried unanimously. MOTION by Knight, Seconded by Apel, a Resolution approving final plans and specIfIcations and ordering advertisement for bids for ProJect No. 88-6, for KensIngton Estates 3rd Addition for water, sanitary sewer, storm drainage and streets with concrete curb and gutter constructIon. (See Resolution R090-88) MotIon carried on a 3-Yes; 2-Present (Elling, Wlndschltl) vote. Regular CIty Council Meeting Mal' 17, 1988 - Minutes Page 15 APPROVE FINAL PAYMENTS/87-3A: 87-3C: 87-7 MOTION KnIght, Seconded by Apel, a Resolution acceptIng work and directing final payment to A.P. Keller for ProJect No. 87-3A for the Improvement of trunk water and trunk sewer In the followIng area: AJong Bunker Lake BouJevard. (See Resolution R091-88) MotIon carried unanimously. MOTION by KnIght, Seconded by Apel, a Resolution accepting work and directIng final payment to Channel Construction Company, Inc. , for ProJect No. 87-7 for the improvement In Shady Kno]1 Area. (See ResoJutlon R092-88) Motion carried on a 4-Yes, i-Present (Wlndschltl) vote. MOTION by KnIght, Seconded by Apel, a Resolution accepting work and directing final payment to Bonine Excavating, Inc. , for ProJect No. 87-3C for the Improvement of trunk watermaln and trunk sanitary sewer In the following area: Along Coon Creek. (See ResoJution R093-88) MotIon carrIed unanImously. ORDINANCE ESTABLISHING STREET LIGHTING Mayor Wlndschitl was concerned about the large amount of administrative work that would be required under the proposals. He thought It mal' be best to keep bIlling separate from assessments, demonstrating the accounting procedure needed for a new area versus a developed area. CouncIJman El lIng suggested tabling the resolutions untIl after the meetIng with representatIves at Anoka EJectrlc on Mal' 26. Counc II agreed. WOODLAND MEADOWS PETITION FOR STREET LIGHTING MOTION by Apel, Seconded by Knight, ordering street Jlghting for Woodland Meadows as presented. (See ResoJutlon R094-88) Motion carried on a 4-Yes, I-Present <Elling) vote. RECOMMENDED STOP SIGNS/SHERIFF'S DEPARTMENT Counc 11 reviewed the letter from Deputy Scott Roessler to have stop sIgns replace the yield signs in the Northwoods area. CouncIlman Elling questioned It, stating In the 18 years he lived there, there has never been a problem. He stated people stop at those yieJd signs anyway. He felt there are worse areas in the CIty that should be addressed first. No action was taken by the Council. Regular City Council Meeting Mal' 17, 1988 - Minutes Page 16 LEASE COPY MACHINE Building OffIcial Dave Almgren reviewed the proposal from Metro Sales to lease a Rlcoh FT 5010 copy machine for $270 a year more than maintaining the Canon copier. MOTION by Elling, Seconded by Apel, that we authorize the BuildIng Department to lease a Rlcoh FT5010 copy machine as presented. Motion carried unanimously. ASSESSMENT ABATEMENT Council had thought this Is the parcel discussed several months ago that Dean Lips and his neighbor wanted to purchase. It was felt the assessment should not be abated but that It should be acquired for private use to sell back to those residents who requested It. MOTION by Orttel, Seconded by Elling, that we direct staff to contact the County of Anoka representative to arrange the valuatIon of PIN 12 32 25 34 0027 such that the CIty can buy It for prIvate use. Motion carried unanimously. GIS COMPUTER SYSTEM JOINT POWERS AGREEMENT At this tIme the Council was reluctant to get Into any long-term commitment, thinking the City mal' not yet be In a position for such a system. MOTION by Orttel, Seconded by Elling, that we pass on the issue of the GIS Computer Joint Powers Agreement for the present time. Motion carried unanImously. WARD LAKE DRIVE/UNIVERSITY AVENUE -- NO PARKING MOTION by Elling, Seconded by Orttel, that we not allow parking on Ward Lake Drive and on Tulip and University up to 166th as presented. (See Resolution R095-88 and R096-88) Motion carried unanlmous]y. APPROVAL OF CLAIMS MOTION by KnIght, Seconded by EllIng, that we approve Checks 14575 through 14637 for a total amount of $170,619.78. Motion carried on a 4-Yes, I-Present (Wlndschltl) vote. ~ Regular City Council Meeting Mal' 17, 1988 - Minutes Page 17 APPROVAL OF MINUTES MOTION by KnIght, Seconded by Ortte], to approve the Minutes of Mal' 3. Motion carried unanimously. AGREEMENT WITH CITY OF ANOKA Mr. Schrantz asked if the CouncIl would agree to settle the storm drainage issue with the City of Anoka for $121,000. The Anoka Council met last night and was unwilling to reduce the amount. Counc II expressed frustratIon over the events and negotIatIons In this entire matter, stating the amount was not the one that was origInally agreed to by both cities. However, the maJority reluctantly agreed to pal' that amount to settle the matter. MOTION by Apel, Seconded by Orttel, that we issue the check for $121,000 to the City of Anoka to get this settled, and to express our disappoIntment to the City of Anoka for their failure to negotiate In good faith. Motion carried on a 4-Yes, 1-No (EI ling) vote. CONTINUED BOARD OF REVIEW Because of the State law requiring the Council to commence action within 20 days of the Board of RevIew, It was agreed to change the Continued Board of RevIew from the June 7 date to Mal' 24. MOTION by Elling, Seconded by Apel, to adJourn. Motion carried unanImously. Meeting adJourned at 11:30 p.m. ,,~;S"Otf"II' ~~ltted'l \\\(~L- Cl"~ Marcella A. Peach Recording Secretary