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HomeMy WebLinkAboutCC April 17, 1979 ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING-APRIL 17, 1979 AGENDA 1. Call to Order - 7 :30 P. M. 2. Re sident Forum 3. Agenda Approval 4. Public Hearings a. Stenquist Addition - Bituminous Streets 5. Legal and Engineering a. Rum River Forest - Final Plat b. DeGardner Road Location c. Andover Mission Church Special Use Permit d. Fields Road Location e. North Birch Creek Preliminary Plat f. Improvement Policy_Sewer/Water Installation g. Award Contract- Tennis Court Lights h. Award Contract-Fire Department Equipment 1. Accept Petition-Xenia Street Improvement j. 6. Ordinances and Resolutions a. Cigarette Licensing Ordinance b. Ordinance BE_Zoning Map 7. Petitions, Requests, Communications a. Cigarette License _ Tom Thumb Store B. Reports of Commissions, Boards, Committees 9. Old Business a. 10. New Business a. Recording Se.cretarY' 11. Approval of Minutes 12. Approval of Claims 13. Adjournment '.'" -..'" ---.-- - ~ o¡ ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 17, 1979 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on April 17, 1979, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineers, John Davidson and Mark Schumacher; City Clerk, P. K. Lindquist; and interested residents Resident Forum Bob Palmer, Andover Fire Chief - stated several months ago he requested putting up no parklng slgns in front of the garage door at City Hall. This had not been done, and someone is parked there this evening, which creates a hazard in an emergency. He requested putting no parking signs there as soon as possible. The Clerk will be directed to see that this is done. Agenda Approval MOTION by Peach, Seconded by Jacobson, that the Agenda as published be approved with the deletion of Sa, Rum River Forest - Final Plat; Item Sf, Improvement Policy - Sewer/ Water Installation; and the Additions of Items 5i, Accept Petition - Xenia Street Improvement and lOa, Recording Secretary. Motion carried unanimously. Public Hearing - Stenquist Addition - Bituminous Streets Pursuant to notice published thereof, a Public Hearing on the proposed construction of streets and storm sewers in the Stenquist Addition was called to order by Mayor Jerry Windschitl on April 17, 1979, 7:35 p.m. Engineer Davidson reported that they have reviewed the bids on the 159th Avenue project and found that the lowest bidder's quote was about a 22 percent increase over TKDA's estimates for the project. Per lot estimates were $3,529 at the public hearing; but based on the lowest responsible bidder, the present per lot cost would be $4,262, or about a $700 per lot increase in construction costs. He noted that the price of asphalt cement has risen $10 per week over the last three weeks, which has had an impact on construction costs. One bidder qualified his bid with an escalation clause built in; so if the material from his supplier increased from the time the project was awarded and the time it was constructed, he would raise the price as well. Mr. Davidson recommended not awarding the contract for the 159th Avenue project this evening. An option would be to wait for the outcome of this hearing and possibly combine 159th Avenue with Stenquist Addition, as in his opinion there would be an assumed reduction by bidding them together over bidding 159th by itself. Mr. Davidson also noted that NDH is the contractor who had quoted residents in the Stenquist Addition a price for the street work. He talked to the chief estimater for NDH relative to the prices given on this quote and those given to residents in the area. It was explained that the figures given were for the cost of mix, smoothing the surface, laying gravel and blacktopping, not for any type of grading, ditching, etc. Attorney Hawkins stated the question has been raised relative to the City's responsibility in dealing with petitions presented for improvement projects. These projects are done by the City with the costs assessed back to the property owners under a section of Minnesota law known as the Local Improvement Code, which sets out the procedures that the City must follow. One section of the law deals with the initiation of such projects, in that it can be initiated by petition signed by 35 percent of the affected property Regular City Council Meeting April 17, 1979 - Minutes Page 2 (Public Hearing - Stenquist Addition - Bituminous Streets, Continued) owners or by initiation by the City Council by resolution. Previously it had been his opinion that based upon a previous Attorney General's opinion that the City would be required to hold a public informational hearing upon receiving a petition. He has since spoken with the League of Minnesota Cities, with the City's bond counsel, with several colleagues who deal extensively in Minnesota law, and has reviewed some of the decisions involving the Local Improvement Code. Following these discussions, he is no longer of the opinion that we are required by law upon receipt of the petition to hold a public hearing. The Hearing was then opened to receive testimony from residents. Joe Saunter, 16036 Potowatomi - asked the price per front foot. Mr. Davidson explained that at the first public hearing, the estimate included street and storm sewers costs based On a front-foot assessment. When 159th was removed from the rest of the project, there was an inequity in establishing a front-foot assessment on drainage. The storm sewer costs were then spread over the entire contributary area and the estimates revised. based on the low bid for the 159th Avenue Project, it is $13.51 per front foot for surfacing and 3.3 cents per square foot for storm sewer. With a sealcoating provision for the first year, the estimated per lot cost for 159th Avenue project is $4,262.52. For the purposes of this public hearing, the projects are separate and the awarding of bids would take separate Council action. Mr. Saunter - felt something should be done about the bus stop on Potowatomi and 160th. Ihere are 30 kids waiting for the bus in that area, and people speed down the road disregarding the stop signs. He is concerned if blocktop goes in, they will go even faster. There is no real police force out there. He asked how long the road is going to last and wondered if it would be tore up for the installation of sewer and water. Mayor Windschitl explained there is no capacity in the interceptor line to handle the Stenquist Addition area, and he reviewed Metropolitan Waste Water Control's plans for servicing Andover, noting that the area would be serviced by an interceptor with a capacity for 2400 people starting at 85th Avenue North in Brooklyn Park. Mr. Saunter - the additional speed bothers him. Blacktop roads do break up, and potholes are worse to drive on that what we have today. He's happy with what he has, and he can't afford blacktop roads. Leone Struvwe, 5613 159th Avenue - asked how the storm sewer costs are determined and asked that the roads not be tarred. Mr. Davidson explained that they would define the tributary area so that all the water that theoretically runs to 159th would be assessed. The $4,262 figure is figured on a l-acre lot assuming that the entire area would contribute to the storm sewer drainage. If there is a split in the drainage district, the property owner would only be assessed for that portion contributing to the drainage. It was also noted that it would take an action of the Council to either award or not award the bids for the 159th Avenue improvement project. Councilman Lachinski requested seeing the potential area that would be assessed for the storm sewer drainge on this project prior to making a decision. Mayor Windschitl read for the record letters from the following people: Bill and Helen Hemp, opposed to the project; George Regan, 16037 potowatomi, opposed; Carol Santer, opposed; Michael Smith, 16140 Potowatomi, opposed: Mrs. John DesRoches, 16015 Potowatomi, opposed. The Mayor also stated the problem with the bus turnaround on 160th and Potowatomi can be taken care of separately, and he would contact the bus company to determine the problem. Possibly a turnaround will need to be constructed similiar to what is being done in other instances. Regular City Council Meeting April 17, 1979 - Minutes Page 3 (Public Hearing - Stenquist Addition - Bituminous Streets, Continued) Pat Cochrane, 4643 162nd Lane - is in favor of improving the roads because of the cost factor, as lt would be cheaper now than waiting. Other areas surrounding Stenquist Addition will be having bituminous streets. He also noted that his assessment was to be $250 per year, which might be difficult to pay now; however, it would become easier to pay as his income increases over the years. He felt there is enough interest in the project that eventually the streets will come in, and it is cheaper to do it now rather than wait. He also didn't feel it would take away from the country effect of the area, as they are still one-acre lots. And it should not be any noiser nor will it generate more people. He also felt traffic and speeding can be controlled with signing, etc. He also noted that there are some mistakes on the last tal ley sheet received by the Council from the last petition that came in: Parcel 3770, Yes; Parcel 3820 and 3830, Undecided; Parcel 5440, Yes; Parcel 5660, Undecided; Parcel 5500, Undecided; Parcel 5720, Undecided; and Parcels 5860 and 5865, Yes. Don Riesberg, 16200 Potowatomi - stated it seems as if it is up to the developer to get things done; that if a developer would buy up the empty lots in the Addition and voted in favor of streets, there would be a majority of votes in favor of the improvement. Last year it was about $2500 to $2700 per lot for the streets, and it has almost doubled since then. He felt the streets would be going in eventually, but the cost would increase again each year. He didn't feel there would be any more speeding over the roads. Gary Zavadil, 4530 159th Avenue - felt the blacktop streets would eventually go in and personally wanted to get them ln as soon as possible. He didn't think that blacktop streets would detract from the rustic appeal of the area. Dean Hamre, 15966 Quapaw - asked the opinion of the Council on the statement, "If you don't do it now, it has to be done later." Mayor Windschitl noted that at least for the last two years, the Council has not instigated any projects unless there is a serious problem. Localized improvement projects have been strictly by petition, and the Council reacts to the petition. Mr. Hamre - had always considered himself an independent on this matter, but after llstening to the dialogue tonight and discussing it with other people, he is prepared to change his undecided vote to no. MOTION by Jacobson, Seconded by Peach, to close the public portion of the Public Hearing on Stenquist Addition. Motion carried unanimously. Council discussion noted that there are 24 yes votes, 28 no votes, 4 undecided, and 4 no responses. It was pointed out that a person owning more than one parcel of land has his vote counted more than once; but it was also noted that that person would also be paying more than the others as well. The Engineer stated that the entire right of way would be excavated, and in some lots some slope easement will be needed as well. He felt that the present grade of the streets could virtually be maintained; but because of the widening process, driveways, etc., there is a grand total of more cut than there is fill. Common excavation is paid for once. If we could have gone into the whole subdivision and balanced the cut and the fill to have some place to put the excess material, it would have had an appreciable effect on the 159th Avenue project. But there is an excess of material that the contractor would have to find a place for. Mr. Davidson didn't think the centerline grade changed more than one foot over the entire project. Councilman Orttel explained that the amount of ditching might account for the bid difference in the bid given to the residents by H & S. The project referred to in the neighboring community was thought to be about $7.50 a front foot, but it was a matter that the street was such that they didn't have to do the drainage and building up of the road. . ..- Regular City Council Meeting April 17, 1979 - Minutes Page 4 (Public Hearing - Stenquist Addition - Bituminous Streets, Continued) Mr. Davidson guessed that combining 159th Avenue and Stenquist Addition projects would result in a reduction of costs in the l59th Avenue portion because of the expanded quantity of work to be done, plus the fact that there is a place to put excess excavation. However, any increase in prices of material may offset that savings. Councilman Lachinski was concerned as to how the storm drainage assessment applies to the residents and how much residents might be paying for this project. Mr. Davidson stated that the drainage area is considerably extended outside of the Stenquist Addition, which will also participate in the assessment. Based on the bids that came in for the 159th Avenue project, TKDA's estimates for the project would have to be raised 22 percent. The main cost of the storm sewer system is the outlet to the creek, which is included in the 159th Avenue project. Some of that cost would be distributed back to the sub- division and would change the cost to individual lot owners assuming the storm sewer costs were assessed equally on a front-footage basis rather than on a contributing area basis. Councilman Jacobson suggested ordering the final plans and specs for Stenquist Addition to be bid to determine the exact cost to the residents and then make a determination at that point as to whether or not to continue with the project. Mr. Davidson reported that final plans and specs could be completed and brought to the Council on June 5 to bid the work on July 3, starting construction on July 16. He estimated it would cost about $2,000 to $3,000 to prepare the final plans. Councilman Peach felt that out of 63 landowners, only 24 are in favor; and he didn't feel that that was a majority in favor of the project. Mel Eshelman, 4754 160th Lane - took exception to Councilman Peach's reasoning. He didn't think it was fair to take the yes votes against the total, as the undecided are neither yes or no. He's for the project, but in talking with those voting undecided, it is just because they don't care one way or another. He approved of doing the final plans, then petition the people when they will know the exact costs. It is never going to get any cheaper. Councilman Peach explained that part of the reason for doing that is that he assumed that everyone voted for accepting the roads as they are when they bought the property. In order to change that, they have to change their vote. Everyone gets charged for the property, and he would not approve a project that the majority of people aren't in favor of. If they don't vote yes, he felt they aren't in favor of it. John DesRoches, 16014 Potowatomi - felt if those voting undecided knew the figure of $4,000, he can speak for one that would say definitely he could not afford it. Councilman Orttel stated he had talked with residents in the area and noted one individual who was undecided who stated they were in favor of the road but didn't want to sign another petition because they were feeling foolish about all the petitions. General feeling of the Council was that spending the money to prepare final plans and specs and bidding the project would determine what actual costs are; and should the project be rejected this year, if it is petitioned again, all that would need to be done is to rebid the plans and specs. It was estimated that roughly $7,000 has been invested to date in the project. MOTION by Jacobson, Seconded by Lachinski, introducing a Resolution ordering Final Plans and Specifications for the Improvement of Bituminous Streets for Stenquist Addition north of 159th Avenue Northwest in Section 18, Township 32, Range 24...(as printed by the City Clerk) (See Resolution R26-9) VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Windschitl; NO-Peach Motion carried. Regular City Council Meeting April 17, 1979 - Minutes Page 5 (Public Hearing - Stenquist Addition - Bituminous Streets, Continued) MOTION by Orttel, Seconded by Jacobson, that all bids received on the 159th Avenue NW Street and Drainage Improvement project known as Commission No. 7126 be rejected. (See Resolution R27-9) Motion carried unanimously. Carol Kerr, 4644 161st Lane - asked what is going to be done about the school bus problem. Mayor Windschitl will talk to the bus company about what can be done. Then the street person can look at it and report back to the Council. This will be done immediately. Dan Schumacher, 4681 161st Lane - supposing the project is rejected, what is going to be done with the streets, as there are some very soft spots in them now. Mayor Windschitl stated that the City has an obligation to do the normal maintenance on the street; however, it is extremely difficult to hold anything in those roads. Bob Crose, 4764 159th Avenue ~ asked the time range projected now. He was told that thlS should be a realistic schedule (relative to Mr. Davidson's schedule, assuming bids are approved, of being able to begin construction July 16.). MOTION by Orttel, Seconded by Jacobson, that the 159th Avenue NW Street and Drainage Improvement Project, known as Commission No. 7126, be relet in conjuction with the Stenquist Addition Improvement. (See Resolution R28-9) VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Windschitl; NO-Peach Motion carried. George Kerr, 4644 161st Lane - asked what is meant by classifying these as minimum streets. Engineer Davldson reported that once the street is improved, it becomes the City's responsibility, the obligation of every taxpayer in the City, to maintain it. They believe that the minimum street has to be properly drained, must have a gravel base of at least four inches, and must have an adequate asphalt cement wearing course that is quality controlled. The proposa 1 is for mi nimum street des i gn, permanent rural street with a projected life of 25 years. It was noted that there are no significantly different street standards in the surrounding areas. Councilman Lachinski felt it would be wise to get information as to what the Paksan process would be in cost in lieu of class 5 gravel as a base. MOTION by Jacobson, Seconded by Lachinski, to close the Public Hearing. Motion carried unanimously. Recess at 9:00; reconvene at 9:14 p.m. Andover Mission Church Special Use Permit Dick Schneider represented the Church. He explained that there has been a slight change ln the sketch plan in that the architect has suggested for general appearance that the parking lot be moved to the south side of the building and leave the front of the building open. The land originally was measured to be 330 feet by 660 feet for a five- acre parcel. That has been changed to 320 by 690 feet so that the southern end of the land would line up to provide for an orderly extension of 159th if the road would continue to go farther east. Planning Commission Chairperson d'Arcy Bosell reviewed the Commission's recommendation for approval of the Special Use Permit for the Andover Mission Church. They had looked at the potential alignment with l59th Lane so that the street would line up. The Anoka County Highway Engineer has recommended the entrance be off of Nightengale and that the present entrance on Co. Rd. 20 be eliminated altogether. An agreement has been received to eliminate that easement. The name of the application should be referred to as the Family of Christ Lutheran Church. Regular City Council Meeting April 17, 1979 - Minutes Page 6 (Andover Mission Church Special Use Permit, Continued) MOTION by Orttel, Seconded by Jacobson, entering the following Resolution approving the Special Use Permit for the Andover Mission Church, also known as the Family of Christ Lutheran Church, in Section 15, Township 32, Range 24... (...on the East 320 feet of the NW Quarter...) (See Resolution R29-9) Motion carried unanimously. Fields Road Location Chairperson Bosell stated Mr. Fields had come in with a road location request for the extension of Swallow Street. The Commission had no problem with the location except that the road was included in the lot size. The Engineer had advised that the 5 acres should be exclusive of the road. Because the home was to be placed in the rear portion of the lot, the length of the road is necessary. The Commission felt that the lot should be increased to five acres exclusive of the road to conform with metes and bounds requirements; and that to provide for the orderly development of the community that the road be built with a temporary cul de sac and an easement granted extending from the cul de sac to the southern property line to provide for the orderly extension of Swallow as that property to the south is developed. Attorney Hawkins advised that on five-acre metes and bounds conveyance, they have always taken it from the middle of the road and included any easements. Mr. Fields cannot be required to convey the additional land, as it was the Attorney's opinion that the intent of the law has been met with five acres including the roadway. Edward Fields - stated he would prefer to divide only five acres, but would do whatever lS requlred to get the road constructed and to be able to get a building permit on the parcel. Council discussion was that quite a bit of road maintenance is being created just to service one lot; that Swallow Street would be 900 feet long from the end of the proposed temporary cul de sac up to 159th Lane; and that should a lot split ever be desired, to make conforming lots, the six acres would be needed for this parcel at this time (metes and bounds exclusive of the roads as proposed in the revised sketch plan by Mr. Fields per P & Z Recommendation). MOTION by Orttel, Seconded by Peach, a Resolution approving the road location request for Edward F. Fields in the southwest quarter of the southwest quarter of Section 15, Township 32, Range 24... (See Resolution R30-9) Discussion: That by exclusing the roadway from the lot, any future lot split would be conforming. Parcel 6100 does not have frontage at this time, but Swallow Street is built up to that property line. In discussing the length of Swallow Street and the number of homes served, it was determined that the average length of road per house would still be below the average in the City. Motion carried unanimously. In discussion with Mr. Fields as County Commissioner, the Mayor noted it would be helpful to get some input from Anoka County relative to the local government aids bill, as the hearing is next week. Mr. Fields stated he would be happy to do whatever he can. Mr. Fields was also asked if in an emergency situation, the City could come to the public works building in Andover to repair our public works equipment. Mr. Fields felt that the county would help. He also stated it is hoped that some storage facilities will be built on that site. The Committee that studied the corrections facilities did pick three possible locations within Mr. Field's district, one of which was somewhere in that park area. Rum River Forest - Final Plat Discussion was on the legality of approving the Final Plat this evening since the legal time limit for responses expires tomorrow at the end of the workday. Darrel Ber~er, 5925 Woodland Circle, Minnetonka, agreed to carry this over to Thursday Nlght's pecial City Council Meeting for final plat approval. (April 19, 1979) Regular City Council Meeting I April 17, 1979 - Minutes Page 7 North Birch Creek Preliminary Plat Mike Gair - reported that the developer, Mr. Al Klous, has found the memo of understanding drafted by the City Attorney in agreement with their expectations of what was required with one exception: page 1, paragraph 1 -- all on-site improvements shall be conducted and completed prior to the issuance of building permits. Certain on-site improvements, specifically earth work related to the lower areas of the site, are most economically and efficiently conducted during the winter months when the ground is firm. Mr. Klous has indicated that all of that work can't be done until next winter. He would like the Council to consider allowing him to do the necessary improvements on the first 14 lots, in a staged development, with the idea that the balance would be done at a later date, that being next winter. The first 14 lots would be completed and marketed with the remaining eastern portion of the plat left as an outlot. Attorney Hawkins stated that he had discussed this with Mr. Klous' attorney today, and that this would be a phased situation similiar to what was done in Meadowood. The first part of the project is done, and upon completion they go onto the second part. No building permits are issued on the second part of the project until it is completed, and a reasonable time would be established when the entire plat should be completed. The performance bond would be for 150 percent of what the engineer would calcuate it would require to complete that portion of the project. Engineer Davidson reported they had reviewed the practicability of dividing the plat into two phases, one phase west of the ditch and the second phase east of the ditch. It appeared to be feasible. The question is whether developing the three lots on the north in the first phase without the eastern phase being developed at the same time would create problems relative to drainage. It would be self-contained with the necessary ponding, but he couldn't guarantee that he could build on the north three lots until the drainage ponds are constructed, which the developer indicated couldn't be done until next winter. His concern was that the house benches on those three lots be built without the ponds on those lots. Concerns of the Council were that the City Ordinances do not allow outlots; on the mechanics of the staging of the development; on what would happen if the eastern portion was never developed;on possible drainage problems because the ponds would not be created in the first phase; that a bond would be needed for the entire amount to cover all improvements, but as the Engineer certifies that a portion is completed, the performance bond is reduced correspondingly; that by developing in two stages, the park dedication may need to be divided as well; and on the length of time that this could be phased in (Mr. Klous requested two years). Mr. Klous had no problem with filing a performance bond for the entire amount, which would be reduced correspondingly as the work is completed. Mr. Klous also stated the only way it is economically feasible to develop the lots on the eastern end is with the front portion, as he felt the total project would be a paying proposition. It was agreed that this could be done over a two-year period; and once the City had accepted the roads in the first section, building permits could be issued on those lots. Discussion was on Item f in the memo of understanding in that the developer is required to fill at least 5\ feet above the highest known water table, as that is the requirement of the State Building Code. It was the Attorney's opinion that the City does not have the option to change that particular requirement of the Building Code (Andover Ordinances state 6 feet above the highest known water table.). Mr. Klous stated that in the first portion, three of the lots in the north could not be done until next winter. It was suggested that these three lots be moved into the second phase, and that the first phase consist of only 11 lots. Engineer Davidson stated ~_.. Regular City Council Meeting April 17, 1979 - Minutes Page 8 (North Birch Creek Preliminary Plat, Continued) from an engineering standpoint if these lots remain as they are, it isn't going to change anything relative to drainage and there would be no problem developing those lots in the second phase with the ponding. It was generally agreed upon to enter into an agreement allowing the developer to market the first 11 lots after the street and other on-site imporvements have been done on them. The agreement will state exactly which lots will be in the first phase. It was also noted that under Ordinance 8, Section 4.23, the developer will need to request a Special Use Permit for land reclamation due to the amount of fill that will be moved around. MOTION by Orttel, Seconded by Lachinski, entering a Resolution approving the Preliminary Plat of North Birch Creek Estates in Section 12, Township 32, Range 24 ... (5. All provisions of the "Memo of Understanding" attached as Exhibit "A" as amended on 4/17/79 by the City Attorney to allow for staged development. 6. In consideration for the deficiency of .8B acres, the developer agrees at his own expense to level and/or 3xcavate the designated parkland, preserving the wooded portion, to a desirable elevation as determined by the City Engineer in order to create a suitable field. Further, such excavation and/or leveling must be inspected by the City Engineer before final approval is made. Any excess fill generated by such leveling may be used by the developer for whatever purposes he chooses. 7. That the plat should show a 33-foot dedicated right of way for the future extension of University Avenue along the easterly edge.) (See Resolution R31-9) Discussion: Councilman Peach stated that the plat does not conform with the Comprehensive Plan, as it is in an area that has been designated by the plan as severely restricted for development. The development creates major disruptions of nearby surface waters in aquifer recharge areas, possibly causing water-induced erosion and ground water pollution. Residents adjacent to this area in Ham Lake have had serious water problems, and he felt we would end up with the same problems as they have had there. He also felt that development in this area could very likely cause premature extension of the sanitary sewer system. During discussion it was questioned if the same standards are being used in Ham Lake; noted that the Building Official would be the one to enforce the buildability of the lots; that no permit from the DNR is needed in this case; and that this area is not considered a protected wetland according to the County plan. Attorney Hawkins advised that if the developer meets all the requirements in the platting ordinance (and as the Engineer has stated that engineering-wise it is possible to put the streets in, meet the drainage requirements, etc.), he felt that there would be no legal reason to deny the plat. VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Windschitl; NO-Peach Motion carried. Award Contract - Tennis Court Lights The Clerk testified that the monies for the lights come from the Park Board Budget and that we have approximately $4,000 in grant mohies going towards these lights. This will cost the City approximately $10,000. Discussion was on the cost of the lights as some concern was expressed that this is a lot of money to be paying for lights to be used only a couple hours a night. Wes Mand, Park/Rec. Chairman, felt that the courts could be used much more if they were lighted. Also, during the winter, we can throw a switch into the system and use the lights for lighting up a recreational skating rink next to the tennis court. This system has extra lights on it and is a better illuminating system. The Engineer also reported that there will be two lights per pole providing 50 percent more light, operating at 50 percent of the cost, with a lamp that will last five times longer. Regular City Council Meeting April 17, 1979 - Minutes Page 9 (Award Contract - Tennis Court Lights, Continued) The operating cost of the lights was estimated for 500 hours, which is about $220 per year. There is a lighting allowance in the Park Budget to pay for that. Tom May, 14034 Crosstown - noted that some of the other cities have a coin box to pay for the llghts for a certain amount of time to help pay the operating costs. He felt it is a waste of money to have them On when no one is out there. Chairman Mand explained that the system is set up so that it will shut off automatically within 1/2 hour after the last player leaves, and there is a master system that will shut the system off at a pre-set time. He felt putting in a coin box is not cost effective because of the vandalism of the boxes. Councilman Orttel also had some concern with that amount of money being used to light tennis courts that only four players use at one time, when monies could be used for baseball fields which more kids can use. He felt we are putting our money in the wrong place. Councilman Jacobson also objected to spending $10,000 because we have a grant of $4,000, as it is not economically sound. He also felt it is too much to pay just to light a tennis court. Mayor Windschitl stated that a prior Council had committed to doing this project, and it was presented to the people as a lighted court. Councilman Lachinski noted that tennis is an extremely expensive sport, but he was in favor of finishing this particular project. Councilman Peach asked how do you justify to the residents a double lighted tennis court in Northwoods when there isn't even a set of swings in Red Oaks. He felt that it is not equitable at all. MOTION by Jacobson, Seconded by Peach, that the City Council, City of Andover, reject the bids for the installation of lighting in the Northwoods Tennis Court and that we return the escrow deposits to the bidders. Discussion: Councilman Lachinski stated he had a good feeling about the amount of money coming into the park fund this year and that this is the way the Park Board wants to spend their money. If a skating rink would be built next to this, he would be for it. It was also noted that Midwest Planning had told the Council that returning grant monies could be costly in terms of future grants. VOTE ON MOTION: YES-Jacobson, Peach; NO-Lachinski, Orttel, Windschitl Motion defeated. MOTION by Lachinski, Seconded by Orttel, entering a Resolution accepting bids and awarding contract for the installation of lighting at the Northwoods Tennis Court... (To Lehn Electric for $13,685) (See Resolution R32-9) VOTE ON MOTION: YES~Lachinski, Orttel, Windschitl; NO-Jacobson, Peach Motion carried. Mayor Windschitl - The lighting will allow for a skating rink in the winter; and the returning of grant money at this point in time would raise concerns with the granting agencies as to the adequacy of Andover's grant plans when they are submitted, which in my opinion, could jeopardize future grants. Also, the residents of Northwoods were originally presented with the lighted tennis court, and I feel that the Council should follow through with their original actions. Award Contract - Fire Department Equipment Tom May, Fire Department Equipment Committee Chairman, reviewed the letter of April 17, 1979, from the Committee relative to the Fire Equipment Bid Acceptance Recommendation recommending the bid from Minnesota Fire for a total of $21,717.42. The Committee Regular City Council Meeting April 17, 1979 - Minutes Page 10 (Award Contract - Fire Department Equipment, Continued) recommended rejecting the low bid from Mid-Central Fire and Safety as several items were not bid as specified or were inferior articles or were not compatible with present gear. Also, W. S. Darley did not bid on Items 1-4 and 22. Attorney Hawkins stated that the companies had to bid on everything, so that we must now accept the bids in total and not pick out certain items. It was also noted that the only company responding to the bid as it was sent out was Minnesota Fire, Inc. MOTION by Orttel, Seconded by Lachinski, offering a Resolution accepting bids and awarding contract for the equipment for the Fire Department ... (...with Minnesota Fire, Inc., in the amount of $21,717.42, noting that this is not the lowest bid, but the lowest acceptable bid that included all items in specifications and as specified; and the City Clerk is hereby directed to return to all bidders the deposits made with their bids...) (See Resolution R33-9) Discussion: Attorney Hawkins noted that you have met the bid requirements, even if there is only one acceptable bidder. It should also be noted that this money will be coming from the bond issue. Motion carried unanimously. Fire Department Report The Clerk referenced the April 16, 1979, memo to the Council requesting the transferring of money from the Administrative Budget to go to the Fire Department budget. The $471 was the amount allowed in the budget for the Clerk to attend the National Convention, which was denied approval by the Council. It was determined that the Fire Department should work with the Personnel Committee to come up with a recommendation as to how these monies can be spent relative to salaries for Fire Chief, Fire Marshall; re- imbursement to firefighters for damaged clothing; bonuses to the firefighters at the end of the year; etc. Fire Chief Bob Palmer reported that there have been six fires that the AVFD has responded to since they started service. He noted the lack of communication in one instance where the party did have a burning permit, the Anoka Fire Department was aware of this, but Central Dispatch and AVFD had not been made aware of it. He also noted that the budget for 1979 for Anoka Fire Department is for $10,000, which we will go over this month. As soon as possible, he recommended that Anokanot respond to brush fires. One of AVFD's trucks is presently being repaired, and he estimated the cost should not be more than $400 to rebuild the motor. In a discussion on chimney fires, it was suggested that the Fire Department and the Building Inspector set up an enforcement program for the correct installation of wood- burning stoves or to establish a volunteer inspection program. Chief Palmer also reported that the turnout and responses for the fires have been fantastic. But he took exception to an article in the April 13 Anoka Union about the fire on Verdin. It stated that the AVFD had previously used that for a practice run, which we really didn't. He had gotten a lot of phone calls on that. He tried to find out who wrote the article but could not. The Mayor stated he would call Mr. Perrin of the Anoka Union to find out where they get their information. Park/Recreation Commission - Soderville Athletic Association Mr. Mand explained that since Andover does not have a softball program, the Park Board felt it would be appropriate that they grant Soderville Athletic Association the use of our ballfields from 6 to 8 p.m. Mondays through Thursdays for their program. Tournaments by the Lions Club should not interfere with this at all since they usually fall on weekends. A satellite is provided by the City for the summer recreation program, so no extra costs will be involved. - .. Regular City Council Meeting April 17, 1979 - Minutes Page 11 (Park/Rec. Comm. - Soderville Athletic Assoc., Continued) Concern was expressed that a mixed church team had used the field previously on Wednesday evenings. The Clerk was directed to inquire as to whether they would be using the field again this year; and if so, possibly they could be directed to using one of the other fields in the City. Mr.Denn{ Emmans, 1412 Ward Lake Drive, President of the SAA - noted that there are about 1 00 kids in the program with about 250 of them from the Andover area. The program this year will commit four nights a week and 26 ballfields in Ham Lake, East Bethel, St. Francis, and Andover. They have had some discussion with the Lions Club relative to the potential of adding bleachers, as this could be a community work project for them. That has not yet been finalized. MOTION by Jacobson, Seconded by Lachinski, that the City Council allow the Soderville Athletic Association to use the Northwoods East Park and City Hall baseball fields for their softball and baseball programs on Monday through Thursday evenings from approximately May 1 to approximately July 28 and that they be considered under the extended use fee schedule as sanctioned leagues within the City. Motion carried unanimously. MOTION by Orttel, Seconded by Peach, that all items not covered in the 17th Agenda be transferred to the April 19 Special City Council Meeting. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously. ~eeting adjourned at 11:38 p.m. -. ~espectfully sUbmit~e~~ / L c '- "u_S.:.J._~ LI.. I\",-~ Marcella A. Peach Recording Secretary - - .~