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HomeMy WebLinkAboutCC April 7, 1998 I , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, April 7, 1998 agenda Call to Order - Following 7:00 PM EDA Meeting Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Public Hearing/SUPIBarbed Wire Security Arm/13576 Jay St. NW/City of Andover phjayst 2. Public Hearing/98-8/2776 - l64th Avenue NW ph988 3. Lot Split, Continued/17203 Tulip St. NW/Johnson Isjohnson 4. Discuss Feasibility Report for Storm Water, Continued/97-26A1Hamilton Square dis9726a 5. Metes & Bounds Split, Continued/Ashford Dev. Corp. ashford 6. Approve Variance/Construct Garage Addition to a Non-conforming Structure Encroaching into the Required Sideyard Setback/206 Andover Blvd NW/Lyle Johnson vlylejohnson 7. Declare Biting Dog dog 8. Order Plans & Specs/Andover Commercial Park Redevelopment (Phase 11)/97-2 ps972 HRA Meetin!! 9. Public HearinglReallocate 1998 CDBG Funds cdbg Staff. Committees. Commissions 10. Information on Lift Stations lift Non-Discussion/Consent Items II. Approve Summary Ordinance No. 216 ord216 12. Sale of Fire Department Vehicle firevehicle 13. Approve Variance/Rear Yard Setback/14187 Drake SI. NW/Contract Property Dev. Co. v14187 14. Approve Variance/Rear Yard Setback/I 4 190 Drake St. NW/Contract Property Dev. Co. v14190 15. Declare Costs/Order Assessment Roll/97-6/Shadowbrook 2nd Addition cIr976 16. Adopt Assessment Roll/Waive Hearing/97-6/Shadowbrook 2nd Addition adpt976 17. Return of Park Dedication FundlHamilton Square hamilton 18. Order Plans & Specs/97-34Narious Parking Lot & Field Improvements in City Parks ord9734 19. Approve Plans & Specs/97-34Narious Parking Lot & Field Improvements in City Parks ps9734 20. Approve Quotes/94-33HlMom's Building Demolition qt9433h 21. Approve Expenditures/Park Dedication Funds/Sunshine Park sunshiue 22. Award Bid/98-4/Seal Coating bid984 23. Reduce Letter ofCredit/87-27/Assessments/Woodland Creek woodcr 24. Reduce Letter ofCredit/92-20/Assessments/Woodland Creek 3rd Add. woodcr3 25. Release LetterofCredit/96-30/Plans & Specs/Cherrywood Estates loc9630 26. Reduce Escrow/96-30/Assessments/Cherrywood Estates ases9630 27. Reduce Escrow/97-05/Plans & Specs/Woodland Estates esc975 28. Reduce Plat Escrows/Cedar Hills Estates & Cedar Hills Estates 2nd Add. cedarhil 29. Reduce Plat Escrowsrrimber Meadows 2nd Add. timberm2 30. Reduce Plat Escrowsrrimber Meadows 3rd Add. timberm3 31. Reduce Plat Escrows/Woodland Creek 3rd Add. woodld3 32. Reduce Plat Escrows/Woodland Creek 5th Add. woodld5 33. Reduce Escrows/Woodland Creek 4th Add. woodld4 34. Reduce Escrow/97-05/Feasibility Report/Woodland Estates escfr975 35. Reduce Letter of Credit/Developers Improvements/Woodland Estates woodest . - -. II Page Two Regular City Council Meeting. April 7, 1998 36. Reduce Letter of Credit/Developers Improvements/Timber River Estates timberiv 37. Approve Nullifying Agreement/16124 Xenia St. NW/Wayne Knudson knudson 38. Award Quote/Public Works Privacy Fence Installationl96-lS fenc9615 39. Approve Quotes/Storm Sewer Pipe and Catchbasin Materials for Public Works Site/96-15 ss9615 40. Upcoming Water Quality Issues water 41. Approve Purchase of Used Furniture furniture 42. Approve Well #5 Upgrades with the Well #6 Construction Project/97-46 we1l9746 43. Declare Costs/Order Assessment Roll/97-26/Hamilton Square dclr9726 44. Adopt Assessment Roll/Waive Hearing/97-26/Hamilton Square adpt9726 Mayor/Council Input Payment of Claims Adjournment _. - - _Ml____.. .. --..- ,. -..,. , I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 7, 1998 TABLE OF CONTENTS RESIDENT FORUM ..............,...................................... 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Approve Summary Ordinance No. 216 - City AdmilÚstrator . . . . . . . . . . . . . . . . . . . .. 2 Sale of Fire Department vehicle ........................................., 2 Resolution ROS8-98 approving variance/14187 Drake Street .................... 2 Resolution ROS9-98 approving variance/14190 Drake Street .................... 2 Return of park dedication fund/Hamilton Square ........................,.... 2 Resolution R060-98 ordering plans and specs/IP97-34 . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R061-98 approving plans and specs/IP97-34 . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R062-98 approving quotes!IP94-33H/Mom's building demolition. . . . . . .. 2 Approve expenditureslPark dedication funds/Sunshine Park . . . . . . . . . . , . . . . . . . . .. 2 Resolution R063-98 awarding bid!IP98-4/Seal coating . . . . . . . . . . . . , . . . . . . . . . . .. 2 Reduce Letter ofCredit!IP87-27/AssessmentsIWoodland Creek. . . . . . . . . . . . . . . . .. '2 Reduce Letter ofCredit!IP92-20/AssessmentsIW00dland Creek 3rd Addition ....... 2 Release Letter of Credit/IP96-30/Plans and specs/Cherrywood Estates . . . . . . . . . . . .. 2 Reduce escrow!IP96-30/ Assessments/Cherrywood Estates. . . . . . . . . . . . . . . . . . . . .. 2 Reduce escrow!IP97-S/Plans and specsIWoodland Estates . , . . . . . . . . . . . . . . . . . . .. 3 Reduce plat escrows/Cedar Hills Estates & Cedar hills Estates 2nd. . . . . . . . . . . . . . .. 3 Reduce plat escrows/Timber Meadows 2nd Addition ... . . . . . . . . . . . . . . . . . . . . . , . '3 Reduce plat escrows/Timber Meadows 3rd Addition .......................... 3 Reduce plat escrowsIWoodland Creek 3rd Addition. . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Reduce plat escrowsIWoodland Creek Sth Addition. . . . . . . . . . . . . . . . . . . . . , . . . .. 3 Reduce escrowslWoodland Creek 4th Addition .............................. 3 Reduce escrow!IP97-0S/Feasibility reportlWoodland Estates . . . . . . . . . . , . . . . . . . .. 3 Reduce Letter ofCreditlDevelopers improvementsIWoodland Estates ............. ·3 Reduce Letter of CreditlDeve10pers improvements/Timber River Estates . . . . . . . . . .. 3 Approve nullìfYìng agreement/I6124 XelÚa Street/Wayne Knudson ............... 3 Resolution R064-98 awarding quote/Public Works privacy fence!IP96-1S .......... 3 Approve quotes/Storm sewer pipe and catch basinlPublic Works/IP96-1S .......... 3 Upcoming water quality issues . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . .. 3 Approve purchase of used furlÚture ....................................... .3 Approve Well #S upgrades with Well #6 construction project!IP97-46 . . . . . . . . . . . .. 3 APPROVAL OF MINUTES ................................................ 3 PUBLIC HEARING: SPECIAL USE PERMIT/BARBED WIRE SECURITY ARM! 13S76 JAY STREET/CITY OF ANDOVER Resolution R06S-98 granting the permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 PUBLIC HEARING: IP98-8/2776164TH AVENUE NW ..................,...... .4 Motion to table to May IS .............................................. 7 LOT SPLlT/I7203 TULIP STREETNW/JOHNSON Resolution R066-98 approving the lot split . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 VARIANCE/CONSTRUCT GARAGE ADDITION TO NON-CONFORMING STRUCTURE/206 ANDOVER BOULEV ARD/L YLE JOHNSON .. . . . . . . . . . . . .. 7 Resolution R067 -98 approving the variance ................................. 8 ---.._-..- __.._ ~._..~.... ',L_.~~ ., , I Regular Andover City Council Meeting Minutes - April 7, 1998 Table of Contents Page ii DECLARE BITING DOG. . . . . , . . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .. 8 IRRIGATIONIIP96-1S/PUBLIC WORKS EXPANSION Motion to award bid to Mickman Brothers of ham Lake. . . . , . . . . . . . . . . . . . . . . . ,. 8 APPROVE HIRING OF ENGINEERING TECH Motion to hire Engineering Tech 4 (Richard Nordstrom) ....................... 8 DECLARE BITING DOG, CONTINUED ......,........,.................,... 8 Resolution R068-98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 INFORMATION ON LIFT STATIONS ....................................... ·9 DECLARE COSTS/ORDER ASSESSMENT/ADOPT ASSESSMENT/W AIVE HEARING/ 1P97-6/SHADOWBROOK 2ND ADDITION ............................... 9 Resolution R069-98 declaring costs/ordering assessment ...............,...... 10 Resolution R070-98 adopting assessment rolVwaivìng hearing .................. 10 MAYOR/COUNCIL INPUT EDA workshop (6 p.m., April 21, 1998) . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . .. lO PAYMENT OF CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 ADJOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 - ___.u_ -..._-- _.~- -._~..~- ,_.~. .. ! - - - ....._~..._~ w ~-~\-'1q" CITY of ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 7, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, April 7, 1998, 7:S0 p.m., at the Andover City Hall, 168S Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike Knight, John Kunza, Ken Orttel Councilmember absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Planner, John Hinzman CommulÚty Development Director, Dave Carlberg City AdmilÚstrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek - compared the assessment rolls ofIP97-26/Hamilton Square, with that ofIP97- 6/Shadowbrook 2nd Addition. He asked why the City paid for the cost of the bituminous trail along Bunker Lake Boulevard in the Shadowbrook project, but the trail cost for the Hamilton Square project is assessed SO percent with the City paying SO percent. The Council agreed to pull Items IS and 16 from the Consent Agenda to discuss the question. Jerry Windschitl - asked ifItems 43 and 44 will be tabled. The Council stated that is the request. Michelle Erickson Winslow Hìlls neighborhood - asked what time rrame they are looking at to get bids and to start the project which the Council approved for their neighborhood. Mr. Erickson stated Staff will be meeting with the neighbors to discuss plans and proposals. He agreed to set up that meeting to get started on the project. Gordon Jensen, Attorney for the Hamiltons - objected to Items 43 and 44 being tabled. Ifthat is done, he would also request that Items 4 and S be tabled. They have already agreed to the assessments in Items 43 and 44; and if there is going to be some change, it may affect the storm drainage rrom their project. Mr. Erickson stated Ashford Development raised some questions with the assessment roll for Hamilton Square in Items 43 and 44, as some of the assessments are coming out of Chesterton Commons. So the Staff has requested those items be tabled until the questions can be researched. Jerry Windschitl - was outraged that the attorney for the Hamiltons is asking that his agenda item be tabled. It is not Mr. Jensen's place to make that request. He also argued that Item S has nothing to . --- .... -..--...----.. ---.. ~- .. -..,. II Regular Andover City Council Meeting Minutes - April 7, 1998 Page 2 (Resident Forum, Continued) do with the HarlÚlton's project. It is simply a conveyance of five acres ofland and has nothing to do with easements. Also, his request on Item 43 has nothing to do with Item 4. Mr. Erickson stated the decision of the Council is whether there is a relationship between Items 4 and 5. Mr. Carlberg suggested if Item 4 is tabled, then Item 5 should be tabled as well; as the easements are a part ofthe discussion for the metes and bound split being proposed by Ashford Development. After further discussion, the Council felt that the items were interconnected and agreed with the request of the Staff. AGENDA APPROVAL Delete Item 4, Discuss Feasibìlìty Report for Storm Water/97-26A1Hamilton Square; Item 5, Metes and Bounds Split/Ashford Development Corporation; Item 43, Declare Costs/Order Assessment Roll/IP97-26/Hamilton Square; and Item 44, Adopt Assessment RollIWaive Hearing!IP97- 26/Hamilton Square. Move Item 15, Declare Costs/Order Assessment RolI/IP97-6/Shadowbrook 2nd Addition and Item 16, Adopt Assessment RollIWaive Hearing/IP97-6/Shadowbrook 2nd Addition from Consent Agenda for discussion. Add Item 8a, Irrigation/IP96-15/Public Works Expansion and Item 8b, Approve Hiring of Engineering Tech 4. Motion by Knight, Seconded by Dehn, approval as amended. Motion carried unalÚmously. CONSENT AGENDA Item 11 Approve Summary Ordinance No. 216 - City AdmilÚstrator Item 12 Sale of Fire Department Vehicle Item 13 Approve VarianceIRear Yard Setback/14187 Drake Street NW/Contract Property Development Company (See Resolution R058-98) Item 14 Approve VarianceIRear Yard Setback/14190 Drake Street NW/Contract Property Development Company (See Resolution R059-98) Item 17 Return of Park Dedication FundlHamilton Square Item 18 Order Plans and Specsl1P97-34Narious Parking Lot and Field Improvements in City Parks (See Resolution R060-98) Item 19 Approve Plans and Specs/IP97-34 (See Resolution R061-98) Item 20 Approve Quotesl1P94-33H/Mom's Building Demolition (See Resolution R062-98) Item 21 Approve Expenditures/Park Dedication Funds/Sunshine Park Item 22 Award Bid/IP98-4/Seal Coating (See Resolution R063-98) Item 23 Reduce Letter ofCreditlIP87-27/AssessmentsIWoodland Creek Item 24 Reduce Letter ofCreditlIP92-20/Assessments/Woodland Creek 3rd Addition Item 25 Release Letter of CreditlIP96-30/Plans and Specs/Cherrywood Estates Item 26 Reduce Escrow/IP96-30/ Assessments/Cherrywood Estates ---... --..- ~~--.._~ ,"-- - - ~ .. ::1 Regular Andover City Council Meeting Minutes - April 7, 1998 Page 3 (Consent Agenda, Continued) Item 27 Reduce Escrow/IP97-0S/Plans and Specs/Woodland Estates Item 28 Reduce Plat Escrows/Cedar Hills Estates and Cedar Hills Estates 2nd Addition Item 29 Reduce Plat Escrows/Timber Meadows 2nd Addition Item 30 Reduce Plat Escrows/Timber Meadows 3rd Addition Item 31 Reduce Plat Escrows/Woodland Creek 3rd Addition Item 32 Reduce Plat Escrows/Woodland Creek Sth Addition Item 33 Reduce Escrows/Woodland Creek 4th Addition Item 34 Reduce Escrow/IP97-0S/Feasibility ReportlWoodland Estates Item 3S Reduce Letter of Credit /Developers Improvements/Woodland Estates Item 36 Reduce Letter of Credit/Developers Improvements/Timber River Estates Item 37 Approve Nul1ìfying Agreement/16124 Xenia Street NWlWayne Knudson Item 38 Award Quote/Public Works Privacy Fence InstallationlIP96-1S (See Resolution R064-98) Item 39 Approve Quotes/Storm Sewer Pipe and Catch Basin Materials for Public Works Site/IP96-1S Item 40 Upcoming Water Quality Issues Item 41 Approve Purchase of Used FUrIDture Item 42 Approve Well #S Upgrades with the Well #6 Construction ProjectlIP97-46 Motion by Kunza, Seconded by KIDght, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES March 12, 1998, Town Meeting: Correct as written. March 17, 1998, EDA Meeting: Correct as written. March 17, 1998, HRA Meeting: Correct as written. March 17, 1998, Regular City Council Meeting: Correct as written. March 26, 1998, Council/Staff Workshop Meeting: Correct as written. Motion by Kunza, Seconded by KIDght, to approve all Minutes as written. Motion carried unanimously. Attorney Hawkins advised in the future EDA Meeting Minutes be approved by the Economic Development Authority at their meetings. . --- --.-- -...--..- _..._ 4_'_"__ "._ _ ~. .. ,I Regular Andover City Council Meeting Minutes - April 7, 1998 Page 4 PUBLIC HEARING: SPECIAL USE PERMITIBARBED WIRE SECURITY ARM/13576 JAY STREET NW/CITY OF ANDO VER 8:16 p.m. Mr. Carlberg reviewed the request of the City of Andover to install a barbed wire security arm on top of a six-foot high fence at 13576 Jay Street NW, Commercial Auto Parts. The C\ty is storing the inventory of Charles Mistelske on site as a part of the relocation efforts associated with eminent domain proceedings. Mayor McKelvey opened the public hearing. There was no public testimony. Motion by Dehn, Seconded by Kunza, to close the public hearing. Motion carried unanimously. 8: 18 p.m. Motion by Kunza, Seconded by Knight, the Resolution. (See Resolution R065-98 granting the Special Use Permit) Motion carried unalÚmously. PUBLIC HEARING: IP98-8/2776164TH AVENUE NW 8:29 p.m. Mr. Erickson reviewed the proposal to correct a storm drainage problem at 2776 164th Avenue NW. The ditch that was constructed when the development was done has been filled in rront of the Leadens' property for a number of years. The City has estimated a project cost of$10,500 to dig out the ditch if the City does the work. The cost is anticipated to be considerably less if Mr. Leadens does the work himself To date Mr. Leadens has not indicated a willìngness to make the improvement himself The property is currently for sale, and the intent is to resolve the issue before there is a new homeowner. That is the reason for the public hearing and ordering a pending assessment. Mr. Erickson also showed a video tape of the area which was made this afternoon showing the retailÚng wall and the easements to the east and west of Mr. Leadens' driveway. Councilmember KlÚght stated he was told there is a natural drainage to the east to the slew. He also noted that both Mr. Leadens and Mr. Widhalm have altered their ditches. Mr. Erickson stated the Widhalm's driveway is tilted slightly so the drainage wants to go to the west toward the Leadens' property. Councilmember Dehn stated the electrical box to the east is blocking drainage to the slew. There is a washout under that box because of the drainage.Councilmember Orttel said there have been tremendous rains recently, and there was no water standing in the ditches. Mr. Erickson stated they have just started mOlÚtoring it, but to date they haven't seen any standing water problem. Councilmember KlÚght also stated he was there after the last rain and there was no standing water. Councilmember Dehn asked if there would be a problem with the county if the project opens the ditch to the west to drain to the county's ditch. Mr. Erickson stated there would be no problem drailÚng to the county ditch, as that is where it was to go originally. Councilmember Orttel asked if this is a $10,500 problem that needs fixing. Mayor McKelvey also stated he's been to the site twice and has not seen a problem. -_..- ~--,,-~ - .. - . ~. -. :1 Regular Andover City Council Meeting Minutes - April 7, 1998 Page 5 (Public Hearing: IP98-8/2776 164th Avenue NW, Continued) Mr. Erickson stated that since this problem was addressed, there have been two or three other residents who have filled in the ditches along their property lines creating some drainage issues that will have to be resolved. Mayor McKelvey opened the hearing for public testimony. 8:31 p.m. JeffLeadens - stated his driveway has always been at the same elevation. He had the area survèyed. It has been filled in about 12 feet from the electrical box east to where it drops. The engineer stated he would stake out the exact spot where the pond in that area is supposed to be. He believes the City ordinance calls it a buffer zone, and that buffer zone has been filled in. He has called the conservation officials and the federal government, and he gave them the maps. He was told their engineers agree that a certain portion of the ditch had been filled in and is blocking the water to the slew. This proposed project is asking him to pay $10,SOO to put in a ditch for property he doesn't even own. To go to the county ditch would go against the City's ordinance to let water run from the street into county creeks and rivers. As proposed, the water would run directly into the Rum River, which is contrary to the Rum River Watershed regulations. He has been at this place for seven years, and the ditch across his property was filled in before he moved there. Mr. Widhalm brought in 18 loads of dirt ITom A-I Top Soil this fall, and the dirt was shoved to the wetland. The ditch on Mr. Widhalm's property was dug deeper and four loads were dumped into the ditch Mr. Leadens had several pictures of the area. He noted when he constructed the retaining wall, one block was buried for support and three were exposed. Now all four blocks are exposed. He will remove the wall if it is a problem, but he claimed that will not fix the problem. To dig a ditch across his property would mean digging 18S feet to the edge of his property, plus another 120 feet through Hunter's Hollow to get to the county ditch. All new utilities have been installed in that ditch, plus they had to drop the street SV:z feet when the development was constructed. That is proof there was never a ditch going thrQugh there. The water never ran across his property. The pictures were taken after they had over three inches of rain, and there is no water in the ditch. He doesn't want to spend $10,SOO to build the City a ditch that won't provide him anything and isn't needed. He did offer to dig the area by the electrical box for the neighbors at no charge, and that offer still stands. Tom Widhalm - has been a resident in Andover since 1986. He brought this issue to the Council because he felt it was a simple one to fix. He never intended it to come to this point. The ditch drained fine before it was filled in. He doesn't have a problem with water drailÚng to the east side of his property. He has taken out the sand ITom his ditch and filled it with black dirt and sod. The elevation of the ditch is within one inch of the original design. He has had about one foot of water in his ditch in the spring thaws because the west side of his property does not drain. There was a culvert under Mr. Leadens' driveway. Mr. Widhalm claimed Mr. Leadens dammed the county ditch to raise the level of his pond, and that has created a water problem behind his property and'Mr. Hanson's property. He also claimed that Mr. Leadens has filled in the ditches for other neighbors. Mr. Leadens had asked him ifhe wanted his ditches filled in. He did not because he likes the ditches as they are. Mr. Widhalm didn't feel it was a $1 O,SOO problem either, but he contacted the City to get an ordinance violation resolved. He felt that neither he nor the new homeowner should have to put up with the problem. Mr. Leadens has the equipment to resolve the problem. He just sodded his '- ~"--"- _.._--~.,~- ....--... .. ·[ Regular Andover City Council Meeting Minutes - April 7, 1998 Page 6 (public Hearing: IP98-8/2776 164th Avenue NW. Continued) ditch last fall. The Council asked about the amount of standing water and if he would be receptive to Mr. Leadens' offer of fixing the corner. Mr Widhalm - stated when there is standing water, it is about one foot deep and five to six feet wide on both sides of his driveway. The water doesn't want to go to the east. He doesn't want to get his ditches filled in. Also, he doesn't have a problem with the corner to the east. He doesn't want to see standing water in his ditch. He doesn't have a problem with any standing water or ponding that is not on his property. Mr. Erickson stated Staff would have to look at the problem with the electrical box. If it is blocking dramage, they will ask the electric company to move it. Councilmember Dehn noted there has been extensive landscaping done by both parties. She suggested an alternative may be to remove the retailÚng wall and create a pond with rock adjacent to Mr. Leadens' driveway to hold the water. Mr Leadens - stated the ditch cannot hold a foot of water. The most it can hold is up to six inches deep. It would not be a problem to install a basin for the water. He doesn't have all of the equipment because he sold it. He again stated he did not fill in the ditch; it was filled in before he moved there. The water does run over the retaìlÚng wall, which is about four inches behind the property line. The water on his land runs over his lawn and into the pond. Mr. Leadens stated he has already sold the house, and any change would have to be brought to the new owner. He felt this whole thing is a waste of time and money, as the ditches belong to the City and were made to hold water. Councilmember Orttel asked about the possibility of raising the ditch a foot so the water is forced to run to the east. Even with Mr. Widhalm's driveway culvert being tipped to the west slightly, he felt then the only standing water would be in the culvert. . Mr Widhalm - stated he is opposed to any type of dirt being added to his ditch. When asked about the 18 loads of dirt, he stated he put half of it around his house. The sand was removed and thë top soil added to grow sod. He didn't alter the ditch nor violate the ordinance, so he didn't think he should have to be the one to try to fix someone else's problem. The Council discussed various alternatives that would be satisfactory to both Mr. Widhalm and Mr. Leadens that could be done at a milÚmal cost. Councilmember Orttel suggested a notice be placed in the City news paper informing residents that the right of way is for utility purposes' and improvements to them should not be made without checking with the City first. Motion by Dehn, Seconded by Kunza, to close the public hearing. Motion carried unalÚmously. 9: 17 p.m. Councilmember Dehn suggested the retailÚng wall be moved onto Mr. Leadens' property creating a space to hold water rather than to dig out the ditch as suggested by the City. She also suggested Staff look at the electric box to see if it needs to be removed. -..- ~.~,,-- ~.- -... Regular Andover City Council Meeting Minutes - April 7, 1998 Page 7 (public Hearing: IP98-8/2776164th Avenue NW, Continued) Mr Leadens - suggested he dig a hole behind the retailÚng wall and fill it in with regular drainfield rock and pipe and leave the wall where it is. The hole would create a storage area for the water to go. He would be willìng to do that work himself on his own property rather than in the ditch. Mr. Erickson stated he could look at those options with Mr. Leadens and also look at a time frame when the correction wìll be completed. Because this has been set up as an assessment project, Attorney Hawkins suggested the item be tabled to a later meeting to give Mr. Leadens an opportunity to take care of the problem. Ifit isn't completed by that time, then the Council can proceed with the 429 process. Motion by Dehn, Seconded by KlÚght, to table this until May IS so Mr. Leadens can get the work accomplished by that time. Motion carried unanimously. LOT SPLIT, CONTlNUED/17203 TULIP STREET NW/JOHNSON Mr. Carlberg reviewed the request for a lot split of Tom and Shareen Johnson, which was tabled at the March 17 meeting so the applicants could reconfigure the proposed split by incorporating ITontage on a private road easement. The City Engineer and Fire Chief have inspected the private road easement and have determined it is substandard for providing fire and emergency services. Additional grading with a Class V road surface would be needed to meet the milÚmum standards, and the Council may want to condition the approval of the lot split contingent upon these improvements. The Council noted that the Class V would only be put up to the Johnson house, but it could not be required past the other houses that ITont on this private easement. Because it was felt that nothing has changed and an upgrade would only be along a portion of the easement, there as no consensus to require the upgrade. Motion by Orttel, Seconded by Dehn, the Resolution as prepared with the elimination ofItem S on Page 2. (See Resolution R066-98) DISCUSSION: A resident asked if he could split his property to the south now that the private driveway is the ITontage for his property. Councilmember Orttel stated the existing house can front on the private easement, but not any new house. Mr. Johnson thanked the Council for its time to help one person with a problem. Motion carried unalÚmously. APPROVE VARIANCE/CONSTRUCT GARAGE ADDITION TO A NON-CONFORMING STRUCTURE ENCROACHING INTO THE REQUIRED SIDE YARD SETBACK/206 ANDOVER BOULEVARD NW/LYLE JOHNSON Mr. Johnson stated the Planning and ZOlÚng Commission was concerned that the granting of the variance to allow the addition to the structure would possibly make the entire structure a conforming structure. The City Attorney has stated the structure would still be a non-conforming structure. -- -- --..- ~~--..~- ...-. ~ ~ .. Regular Andover City Council Meeting Minutes - April 7, 1998 Page 8 (Variance/Construct Garage Addition to Non-Conforming Structure/206 Andover Blvd, Continued) Motion by Orttel, Seconded by KIDght, the Resolution as prepared. (See Resolution R067-98 to grant the variance) Motion carried unanimously. DECLARE BITING DOG Mr. Fursman explained the Sheriff's office has received numerous complaints regarding an Alaskan Malamute owned by Ken and Kathy Kobs, 17638 Tulip Street. It has also attacked two dogs and caused injuries to those animals. Declaring the dog a biting dog means the owner will receive a warIDng; and if there is another incident, the City would then declare it a nuisance and it would have to be removed from the City. Because this dog has demonstrated to be a danger to the public and there has been two incidents, the question is whether the Council can declare it a nuisance and this time. A resident explained there are 34 children in 12 homes. Her husband was there when their dog was attacked. The owner was also with the dog, but he had no control over it. They have called the police many times. The item was tabled briefly to allow time for the Attorney to review the ordinance as to whether or not the dog could be declared a nuisance. IRRlGATIONIlP96-15/PUBLIC WORKS EXPANSION Motion by Kunza, Seconded by Ortte!, to award the bid to Mickman Brothers of Ham Lake for the low quote of$19,807. Motion carried unalÚmously. APPROVE HIRING OF ENGINEERING TECH 4 Motion by Orttel, Seconded by Dehn, to approve the hiring of the Engineering Tech 4 (Richard Nordstrom). Motion carried unalÚmously. DECLARE BITING DOG, CONTINUED Attorney Hawkins advised that the ordinance clearly states a dog must first be declared a biting dog. After that, ifit threatens or bites again, it can be declared a nuisance and be required to leave the City. Although there are two incidents reported by the Deputies at this time, this is the first time the Council has taken action against this particular dog. Because of that, the dog must be declared a biting dog at this time. --_. ~---- ...___ _ _.._ 4__"~_ ...___~. .. Regular Andover City Council Meeting Minutes - April 7, 1998 Page 9 (Declare Biting Dog, Continued) Several residents expressed frustration because of the number of times they have reported the dog and the danger it is to their children and to their own dogs. The Council understood but noted the ordinance is very clear. They encouraged them to call the police even if they feel threatened by the dog. Another report may begin the process to have the dog removed ITom the City. The Council also suggested that the declaration of this biting dog be hand delivered by a Deputy or CommulÚty Service Officer to the Kobs. Also write a letter explailÚng the procedure if there is another incident. Mr. Carlberg stated Staff will see that a copy of the letter is hand delivered to the Kobs and to the neighbors. Motion by Kunza, Seconded by Dehn, to declare a female Alaskan Malamute owned by Ken and Kathy Kobs as a Biting Dog. (See Resolution R068-98) Motion carried unanimously. INFORMATION ON LIFT STATIONS The Council agreed to table the item to discuss in greater detail at a future work shop. DECLARE COSTS/ORDER ASSESSMENT ROLL and ADOPT ASSESSMENT ROLVWAIVE HEARINGIlP97-6/SHADOWBROOK 2ND ADDITION Mr. Erickson reported the question raised by Mr. Holasek during the Resident Forum this evelÚng was the difference in the assessments for the trailway system in Shadowbrook and HarlÚlton Square. He explained the trail system in Shadowbrook was the first one done in the City. At that time, it· was agreed that the developers of Shadowbrook would pay for the trail along Prairie Road in total, and the City would pay for the trail along Bunker Lake Boulevard. The trail along Bunker Lake Boulevard also meanders through the City's park. Since then, the City's policy has evolved to the developer and the City each paying for half of the trails in the right of ways along the major thoroughfares. That is the policy now being used and which is reflected in the HarlÚlton Square assessment roll. Winslow Holasek - felt it is unfair that the developer has to pay for his portion of the trail which is considered transportation and therefore not dedicated as a part of the park requirement, but the City's portion is paid for by park fees because it is considered a recreational trail. He felt it should be paid ITom the City's street funds to be consistent. Mr. Erickson noted the trails are an alternate mode of transportation. Gordon Jensen attorn<q' for the Hamiltons - asked how this discrepancy will affect the assessment roll for HarlÚlton Square. They have already agreed with the assessment roll as submitted, but they would like the trail fees clarified as to whether they are transportation, which is considered an impact fee and not collectible, or park. The Council noted that the trails are used both as an alternate mode , Regular Andover City Council Meeting Minutes - April 7, 1998 Page 10 (Declare Costs/Orer Assessment Roll/Adopt Assessment Roll/IP97-6/Shadowbrook 2nd, Continued) of transportation and for recreational purposes. Attorney Hawkins noted as commercial prop~rty, people will be using the trails to access the businesses; so it is a part of the transportation system. He disagrees that it is an impact fee. Cities have clear authority to require sidewalks or trails and to assess the property for them. They are a benefit to the properties. Andover is only charging SO percent of the cost. Whether they are called transportation trails or recreational trails is irrelevant. Mr Jensen - agreed the City has the authority, but the problem is with the park dedication provision. He felt there is a double standard, and that different standards apply in different developments. If the trails are recreational, they believe the cost should be credited against their park dedication. Mr. Erickson again stated since the Shadowbrook development, the policy has evolved to a so-so cost share with the developers. The trails are a benefit to the transportation system but they also provide access to some of the parks. Also, the State Transportation system provided a grant for City's Coon Creek Trail, but the application could only be filled out by the Park and Recreation Commission. Councilmember Orttel stated the trails are both a transportation and a park benefit. Mayor McKelvey noted that the City will be maintaìlÚng the trails; and when the bituminous needs to be replaced, there will be no assessment. Mr Holasek - suggested in the future that if there are such discrepancies in assessments, that the Staff point them out and explain them. He also felt that the trails cannot be called both transportation and recreational. In Hamilton Square, people will be able to get to the development by the trail, but they will then have to walk down the street to get to a particular business. Mayor McKelvey stated the commercial area can install its own sidewalks. Councilmember Orttel again noted if the transportation funds ITom the state are only eligible for the parks, the trails have an element of both. Jerry Windschitl- stated the trail system has been very successful and beneficial for the City. The So- so policy has been agreeable to the developers and it works. This doesn't have to be complicated. If there is an agreement between the developer and the City to each pay half, the policy works in its present form. The Council acknowledged the ilÚtìal agreement made in Shadowbrook and the current SO-SO cost share policy for trails. No change was suggested. Motion by Orttel, Seconded by Kunza, to approve both Items IS and 16. (See Resolution R069-98 declaring costs/ordering assessment roll/IP97-6/Shadowbrook 2nd! and Resolution R070-98 adopting the assessment rolVwaiving hearing!IP97 -6/Shadowbrook 2nd) Motion carried unalÚmously. The meeting was recessed to hold an HRA meeting; 10:20; reconvened at 1O:2S p.m. MA fOR/COUNCIL INPUT EDA Workshop - The Council agreed to hold a special workshop of the Economic Development Authority on April 21, 1998, at 6 p.m., prior to the regular Council meeting to discuss the covenants for the Commercial Park, architectural standards and costs. - --. ..,_.. u' h. _0-- ,., I Regular Andover City Council Meeting Minutes - April 7, 1998 Page 11 PAYMENT OF CLAIMS Motion by Kunza, Seconded by Orttel, the payment of claims. Motion carried unalÚmously. ' Motion by KlÚght, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting adjourned at 10:38 p.m. Respectfully submitted, lÌì,~c2~l M~lla A. Peach Recording Secretary . ~. ..~ .-. _0-·