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HomeMy WebLinkAboutCC August 19, 1980 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 19, 1980 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Informational Hearing/Water-Southwest Area 5. Discussion Items a. Final Plans & Specifications/Northwest Area Streets b. Award Contract - Sea1coating c. Flood Plain Ordinance d. Andover West Final Plat e. DNR Permit - Warneka f. Condemnation-Easements (Southwest Area) 1-\ g. Special Use Permit - Fearon h. Special Use Permit - Constance Church i. Lot Split - K1adtke j. Ordinance No. 10 Amendment (Plats) k. Sewer Permit/Southwest Area 1. Final Plat/Notthg1en 6. Non-Discussion Items a. Junkyard Licenses b. Temporary On-Sale Permit (Weaver Fund Raising) c. Appoint Election Judges d: Establish Voting Precincts e. 7. Reports of Commissions, Committees, Boards a. Planning & Zoning Commission b. Park & Recreation Commission c. Other Committees 8. Approval of Minutes 9. Approval of Claims 10. Adjournment .-- - _~hO-~_ ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 19, 1980 mNUTES The Regular Bi-Month1y Meeting of the Andover City Council was called to order by Mayor Jerry Windschit1 on August 19, 1980, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Ortte1, Peach Councilmen absent: None Also present: City Attorney, William G. Hawkins; TKDA Engineers, John Davidson and Mark Schumacher; City Engineer, Larry Winner; City Clerk, P. K. Lindquist; and others RESIDENT FORUM Mary , 16915 Ward Lake Drive - complained about the road conditions on Ward Lake Ori ve. She stated that they are unbearable,and asked if there is something she can do to petition for gravel, oil, or blacktop to alleviate the problem. She was not so concerned about the dust as the washboard condition. She also complained about the high speed of the sod trucks going past. Also, in the winter there is no sand put on the ice. Council discussion was to have Mr. Winner check on when the road will be graded again and to look into the situation, and that the City Clerk can call the Anoka County Sheriff's office asking to set up radar On the road on a regular basis. AGENDA APPROVAL MOTION by Peach, Seconded by Jacobson, the approval of the Agenda as published with the deletion of 5d, Andover West Final Plat; and the addition of 5k, Sewer Permit/ Southwest Area; 51, Final P1at/Northglen; 5aa, Southwest Area/139th Avenue; 5m, Well No.1; 5n, Public Works Interviews; 50, Mining permit; 5p, Displaced Property Marker; and 5q, Contract Extension/1980-1. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, that we suspend the rules. r'10tion carried unanimous ly. INFORMATIONAL HEARING/WATER - SOUTHWEST AREA Mayor Windschitl explained that the well for the central water system will be bid out this evening; however, there has been a question on the storage facilities. The type of storage facilities provided would depend on how rapidly it is anticipated the undeveloped areas in the defined water service area will be developed, and the purpose of this informational hearing is to receive input from the property owners relative to the matter. Mr. Davidson gave a brief review of the minimal pressure pneumatic tank system presented at the original public hearing as reported in the June 6, 1980, Feasibility Report of the Southwest Area Project, which would provide 500 gpm flow for the 160 acres of Good Value Homes and Rademacher properties. He then reviewed the Revised Water Service area noted in the August 5, 1980, report discussed at the August 5 Council meeting. The revised system provides for a 250,000 gallon elevated storage tank which would serve 480 total acres, of which 40 acres are commercial. It would provide 1,000 gpm fire protection flow, and it is estimated that the area charge would be $1,250/acre based on a user rate of GO cents/1,000 gallons. Council had also discussed constructing only one well at this time, which may reduce the per- acre charge at this time. .-.---<~--_.- Regular City Council Meeting August 19, 1980 - Minutes Page 2 (Informational Hearing/Water - SW Area, Continued) Mayor Windschit1 stated that on the northern part of the district, referencing Mr. Vo1k's letter on the matter, the City isn't proposing to try to force an assessment until such time as they would start generating a development or benefit. The key to this matter is the time frame of development of the various areas. If development is anticipated by the property owners within a short period of time, then it may be more economical to go with the elevated storage system at this time rather than putting in the pressure pneumatic tank at this time which would be only marginally beneficial once the elevated storage is provided. MOTION by Jacobson, Seconded by Ortte1, that we extend the discussion until 8:20. Motion carried unanimously. Councilman Peach stated that the primary reason for adding onto the originally proposed system is for added fire protection, as he felt the pneumatic tank system is inadequate. Secondly, there is no assured water supply with one well in the event of mechanical or electrical failure. He felt there were other ways to assure water supply in the event of such failures, such as installing an overhead tank or a surface tank or installing a second well, which are all much cheaper. He felt putting in an overhead tank is premature and that another interim method should be used until we know how big an area is going to be served. Mr. Davidson stated that they have looked at those methods, but an above-ground facility is adequate only to a limited extent since some pressure facility is needed to remove the water from it. The second well was addressed. There is stand-by power proposed for the well to be used in the event of mechanical failure. Frank Voth - Good Value Homes - indicated it is not their intent to construct 400 homes a year in the area. Mr. Davidson stated that it is projected a growth of 400 people per year within the defined water service area. Mr. Voth - asked if the water system is revised to the overhead storage system, how does it affect their timetable for development? When will water be available? Mr. Davidson explained if the decision is against the overhead storage tank at this time, they will proceed with the pressure pneymatic system. If they go with the overhead tank, a temporary submersible pump can be installed in the well being drilled to have water available to his first addition. Or the pressure pneumatic system can be done on a temporary basis by installing a lease tank outside the pumphouse for a limited period of time to provide water on an interim basis until the storage tank is completed. Mr. Voth - noted that Good Value also has 180 acres south of Bunker Lake Boulevard, east of Coon Creek, and he would like that taken into any considerations of an en- larged water system. He is not prepared to react to the $1,250/acre figure this evening; and before commenting further, he would like to meet with his engineers and the City to discuss this in a more informal manner. Rosella sonsteb{ - owns 17 acres and is interested in water. She asked if the $1,250/ acre charge inc udes the watermains, etc. Mr. Davidson stated this is just the area charge for the storage facilities and production facilities. Costs of the watermains in the development, to the property, hookups, etc., would be extra. Ms. Sonsteby - wanted to figure how much the water facilities would be per lot; but she lS interested in water for her 17 acres. Larry Carlson - oWner of property south of Bunker Lake Boulevard - asked how the overhead storage facility would affect insurance rates to the homeowner. Counci 1man Ortte1 stated that there is no way of comparing the difference in insurance rates for the different ratings between the originally proposed pressure pneumatic tank system . ~.~. - ,.-, Regular City Council Meeting August 19, 1980 - Minutes Page 3 (Informational Hearing/Water - SW Area, Continued) and this revised overhead storage system. When municipalities are rated, all things are taken into consideration. For commercial facilities, more protection is required. Mr. Carlson - asked where the tower is proposed to be located. Mr. Davidson stated it lS anticipated it would be located on property dedicated in the Good Value Northg1en plat in the northeast corner. Mr. Voth - asked how much land would be required. Mr. Davidson stated approximately 30 feet square would be needed and would be fenced to prevent vandalism. Mr. Carlson - stated that his plans for the area have been temporarily shelved because of the housing market. Interest rates have been very high, which he has to consider, plus looking at his own cash flow. He noted that another parcel he owns in Coon Rapids which has been assessed for sewer and on which he cannot build has still increased in value tremendously. He questioned if there is this large assessment against his property, will it automatically become worth more to the taxpayer, which is another thing he has to take into account. If the housing market moves ahead, he hopes to go ahead with his development within a year or two. John Peterson - representing Grace Lutheran Church - stated that all developed areas have been excluded from the water service area. But all three churches and the school are included. Mr. Davidson stated that they were included generally for fire protection. Only residential developments were excluded. Mr. Peterson - stated at this point he sees no benefit to the Church as they have thel r own we 11. They are not putting a sprinkler system in the old addition, and it is questionable whether one is being put in the new addition. If it is, however, it would be engineered around the existing pump system. Stan Deden, 13836 Round Lake Boulevard - his residential district has been excluded from the water service distnct. He obviously benefited since his fire insurance rates went down, and he didn't think he should be excluded from paying the area benefit charge even though he doesn't have direct access to it. Phil Volk, 3527 142nd Lane - agreed that those living in residential areas will be recelving benefit as far as insurance rate reductions. He also questioned why the jog was made in the map outlining the revised water service district. r1r. Davidson explained they went around the wetlands area north of Crooked Lake School. Excluding existing residential areas was a Council decision, not an engineering decision, as it has been a policy that in existing developments where wells are already in, there has been no demonstrated need for water coming in. MOTION by Peach, Seconded by Jacobson, that we extend the discussion 10 more minutes. Motlon carried unanimously. Mr. Davidson stated that for the well being drilled, they will be test-pumping for 1,100 gpm, hopefully to get a sand-free pum~ing at 1,000 gpm. George Ado1fson - was not willing to comment on the proposal at this time. Mr. Voth - noted that the prime interest rate increased again today, and they are anticlpating that the FHA interest rate will rise, which are not good signs for the housing market. He speculated that because of the distance to Andover, there will not be a tremendous flock of people moving into the area. To reach 250 acres of develop- ment at saturation is approximately 500 houses, which is a lot of houses, particularly in this time of uncertainty. Ms. Sonsteby - wouldn't object to having the water available. . -~- -~-.' . Regular City Council Meeting August 19, 1980 - Minutes Page 4 (Informational Hearing/Water - SW Area, Continued) Council discussion with the property owners continued on the speculation on how rapid development will take place in the area; some feeling that given testimony tonight, it would be at least two years before enough land is developed to warrant an overhead storage tank. Several property owners stated that they had not seen the new proposed figures until this evening and would prefer to meet with the engineers and study the figures in more detail before making a decision on the matter and before the Council makes a decision on it if it would not delay the project. Mr. Davidson stated that this whole process will not hinder or delay the present contract work. They will have water available to Good Value and Rademacher within their time schedule. Council agreed to meet with the developers again at next Tuesday's Council meeting. MOTION by Peach, Seconded by Jacobson, that this informational meeting be tabled until Tuesday the 26th at 8 o'clock. Motion carried unanimously. FINAL PLANS AND SPECIFICATIONS/NORTHWEST AREA STREETS Mr. Schumacher reviewed the final plans and specifications with the Council, noting that some cuts will be made on Blackfoot and 174th Lane, which is agreeable to the residents in that area. The proposal is to end the blacktop on Blackfoot at the south property line on the east side of the road. Council had some question if that was Mr. Alberg's property; that will be researched further. The blacktop will go approximately 75 feet into the property on the west side of the street. Mr. Schumacher also noted that overland drainage easements will be required. They are also meeting with the Park Commission Thursday relative to regrading the park area to contain all storm water runoff within the park area and off private property. They have also been in contact with the Corps of Engineers regarding the storm sewer outlet on 172nd and Blackfoot. When the existing outlet was put in, a permit was not required. The Corps is now stating that a permit will be necessary to construct the storm sewer outlet at that point, which takes 90 to 120 days to receive. Therefore, it is TKDA's recommendation that the construction temporarily connect into the existing culverts before the bank, for now running the water out the existing outlet until such time that the permit is approved for the storm sewer outlet. Then they would have to come back and construct the drop, manhole, and outlet. Mr. Davidson went on to explain they will bid the jOb as if it were to go out to the river. If the Corps refuses the outlet, the City has the existing one. If the permit is granted, the specifications indicate that the blacktopping is to be done this year but the clean-up work to be done by July 1, 1981. So they would be able to return to put in the deeper manhole and outlet to the river in the spring. Mr. Schumacher then reviewed the plans and specs with several interested residents in the back of the room. Action was postponed until later in the meeting. SOUTHWEST AREA - 139TH AVENUE Attorney Hawkins reviewed his August 11, 1980, letter relative to the 139th Avenue NW Street Vacation, noting that it would appear that upon vacation of the street, the title would go to those parcels lying along the southerly right of way. Terr1 Nugent, 13857 Underclift - was not too much in favor of abandoning the street maln y because lt leaves him with a 170-foot driveway and he could not exit any other way than Underc1ift. Since he has talked with Mr. Schumacher, he has decided that if the road is not going to be paved, he would prefer abandonment. Council discussion was that if the street remains or is paved as a half street, more than likely it would be widened when the property to the north develops; and because the City does not allow double-frontage lots, in all likelihood the future houses on the north side of 139th would be required to face 139th as well. Regular City Council Meeting August 19, 1980 - Minutes Page 5 (Southwest Area - 139th Avenue, Continued) Joe Caskinette - stated he didn't want to see the row of oak trees along 139th cut down and preferred the City vacate the road or blacktop it as a half street. He didn't want to see a dirt street while the rest of the roads are paved because of the dust problem and bike problems. Mr. Nugent - stated that his original idea was to blacktop at least up to his driveway; however, he didn't think there was enough room on his property to provide a place for a turnaround. MOTION by Jacobson, Seconded by Peach, to authorize the City Attorney to prepare the necessary documents for the abandonment of the 139th Avenue and to hold the necessary meetings required to do so. Councilman Peach and Jacobson WITHDREW the Second and the Motion. MOTION by Jacobson, Seconded by Peach, that we send the question of l39th to the p & Z for them to hold a public hearing, with the feeling of the Council for vacation, and concurrently to have the Attorney prepare the necessary documents that would be necessary to legally vacate such street. DISCUSSION: Mr. Nugent stated his only problem with the vacation is the length of his driveway. He'd rather see it vacated to leaving it a dirt road, and he doesn't want to see the trees go. He would prefer to have the entire street blacktopped as a half street. Council noted if the street is blacktopped as a half street, the question of the development to the north needs to be addressed, as there would either be double-frontage lots or they would have to face the street. Mr. Davidson stated that with the vacation, the City would still want to reserve the utility easement for sewer and water. Mr. Hawkins stated that the P & Z does not have to review the vacation, but a public hearing needs to be held. Councilman Jacobson then CHANGED THE MOTION: To take out the authority for the Attorney to draft the legal documents and keep everything else in. Sêcond still stands. Motion carried unanimously. AWARD CONTRACT - SEALCOATING MOTION by Ortte1, Seconded by Jacobson, adopt the following Resolution accepting bids and contract for certain streets in the City of Andover, as presented, for a bid price of $21,541.50 of G & L Sea1coating, Inc., sea1coating the following blacktop streets: in the Northwoods Addition, Northwoods Second Addition, and Red Oaks All Additions. (See Resolution R97-80) Motion carried unanimously. FLOOD PLAIN ORDINANCE MOTION by Peach, Seconded by Ortte1, to table this until September 2. Motion carried unanlmously. FINAL PLANS AND SPECIFICATIONS/NORTHWEST AREA STREETS, Continued Dave Hahn - felt that the cut made in the street puts the road below his driveway, WhlCh lS fine. He also felt that the delay in obtaining permits for the storm sewer would be a nuisance, but unavoidable. Dave Gap, 174th and Blackfoot - asked if it has been determined how it will be assessed yet. Mayor Windschitl explained that will be determined at the assessment hearing. MOTION by Lachinski, Seconded by Orttel, that we accept final plans and specifications for the Northwest Area street and storm sewer project and authorize the City Clerk to advertise for public bids. (See Resolution R98-80) Motion carried unanimously. (Bids to be opened on September 12 and considered at the September 16 Council meeting.) Regular City Council Meeting August 19, 1980 - Minutes Page 6 DNR PERMIT - WARNEKA P & Z Chairman d'Arcy Bose11 reviewed the July 29, 1980, Commission recommendation for approval of the DNR permit for Lee Warneka. Mayor Windschit1 asked what Mr. Warneka thought his chances were for DNR approval, feeling that if one request is approved, there is nothing to turn down other simi1iar-type requests along the area. Lee Warneka, 14791 Blackfoot Street NW - related his experience so far with the DNR ìñ that he has had people from Anoka Soil Division, Wildlife Division of the DNR, Hydrologist from the DNR, Army Corps of Engineers, and is waiting for Pollution Control on his property. Wildlife has the greatest amount of control along with the Army Corps of Engineers, which is the Federal Government, and the Wildlife Division likes cattails. So he felt his chances of getting the permit are zero. But he is anxious to see the City forward comments so that the DNR can complete the process. Round Lake has about a 300-foot cattail fringe all the way around it. He thought it would be a great advantage to the City and the people living in that area if there was some removal of the cattail fringe, as it is now totally inaccessible. Peter Rauen, 4110 147th - is in favor of the permit. Councilman Lachinski had difficulty with the P & Z's comment that the relationship of the proposed project is consistent with plans for the affected water and related lands. There have been discussions that the Park Board intends to apply for a grant in that area to keep that a wildlife area, and he felt that the two were conflicting. Mr. Warneka - stated that cattails does not necessarily condone wildlife. As a matter of fact, ducks will not habitate within the cattails, and there are other types of wild life. And this may increase other types of wildlife. MOTION by Jacobson, Seconded by Ortte1, that we authorize the City Clerk to draft a letter for the Mayor's signature, such letter to be sent to the DNR indicating that the City Council, City of Andover, has no objections to the issuance of a permit to Mr. Lee Warneka to dredge in Round Lake. VOTE ON MOTION: YES-Jacobson. Ortte1; NO-Lachinski, Peach, Windschit1 Motion failed. Mr. Warneka - requested that the application be forwarded to the DNR with whatever comments the City has, whether they be for or against it. He asked what is the City's intention with the application at this point. Mr. Hawkins stated it is his opinion that the City does have some control and can deny the permit, as the ordinances require DNR and Township approval. The City as the right to deny it even if the DNR approves it. Councilman Lachinski stated that he doesn't agree that the relationship of the proposed project is consistent with plans for the affected water and r1e1ated lands. Council- man Peach stated one of the problems is we are trying to make a decision when. we don't have enough information. The procedure is backwards. He wouldn't be opposed to hearing this again after the DNR has made their comments and recommendations. Mayor Windschit1 a9reed that the City is trying to judge something that it doesn't have the expertise to judge. He recommended sending it onto the DNR for their professional comments as to the affect of the project. His concern is that this then has the potential of being done all the way around the lake. Mr. Warneka - stated that the State of Minnesota does allow for use of State waters by allowlng removal of a 40-foot deep, 15-foot wide area to open water. The wetlands belong to the Army Corps of Engineers, the Federal Government; but the lake itself belongs to the State of Minnesota. He asked the Council act responsibly and make their comments to the DNR. Also, there has been some filling in that area behind his house, and it may be that the Federal Government will require him to remove that fill, which is dredging. - - -~..,.. Regular City Council Meeting August 19, 1980 - Minutes Page 7 (DNR Permit - Warneka, Continued) MOTION by Lachinski, Seconded by Peach, that we direct the City Clerk to forward the permlt application for Mr. Warneka to the DNR with the notification that the permit by the City was not approved because the proposed project is inconsistent with the plans for the affected water and related lands and that we are unaware of what impact the dredging would cause in the area. VOTE ON t10TION: YES-Lachinski, Windschit1, Peach; NO-Jacobson, Ortte1 Motion carried. SPECIAL USE PERMIT - FEARON MOTION by Jacobson, Seconded by Ortte1, a Resolution approving the Special Use Permit request of Renee Fearon to have a home beauty shop, as presented. (See Resolution R99-80) Motion carried unanimously. SPECIAL USE PERMIT - CONSTANCE CHURCH MOTION by Jacobson, Seconded by Lachinski, a Resolution approving the Special Use Permit application of the Constance Free Church to enlarge the existing facility, after the third WHEREAS, the third line "opposition to the height and overhang" (See Resolution R100-80) Motion carried unanimously. LOT SPLIT - KLADTKE Mr. Hawkins advised that the ordinance reads park dedication for each additional lot created, and in this case one additional lot is being created. MOTION by Peach, Seconded by Lachinski, entering a Resolution approving the Lot Split request of Roger K1adtke for Plat 65909, Parcel 2425, with the change that the park dedication fee be $100, otherwise as presented by the City Clerk. (See Resolution R101-80) Motion carried unanimously. Recess at 9:30; reconvene at 9:45 p.m. CONDEMNATION - EASEMENTS - 1980-1 PROJECT Mr. Hawkins stated that an easement is needed for drainage overi~r. Roger Schara's property. Approximately 30 feet wide is needed from the street down to the County drainage ditch. Using the formula being used for other easement acquisitions, he originally proposed $142 for the easement of approximately 4,000 square feet. Mr. Schara has retained an attorney and asked that the property be appraised, that some trees can potentially be affected. They are allowed up to $300 appraiser's fee, so they then proposed settling for $500. The permanent easement for storm drainage does provide the right for the City to remove trees if necessary. MOTION by Lachinski, Seconded by Ortte1, that we authorize payment of $500 to Ronald and Deni se Schara for easement purposes for the 1980-1 project, permanent easement gi vi ng us the right to remove the trees. VOTE ON MOTION: YES-Lachinski, Ortte1, Windschit1; NO-Jacobson, Peach Motion carried. SEWER PERMIT/SOUTHWEST AREA Mayor Windschit1 informed the Council of the problems the City has had in obtaining approval from the Metropolitan Council for the extension of the sanitary sewer facilities in the Southwest Area project. Mr. Davidson stated that they did file for the permit even prior to having the final plans and specs for the project completed, which is the normal procedure. The Metropolitan Waste Control Commission had approved it and were Regular City Council Meeting August 19, 1980 - Minutes Page 8 (Sewer Permit/SW Area, Continued) pleased with the changes made to service the Auditor's Sub. 82 area. The Metropolitan Council was reluctant to give approval because of the confusion over the City's Comprehensive Development Plan being submitted to them after the July 1 deadline, but which the City was given verbal approval byaMetro Council staff member to do. Mr. Davidson also stated that thanks to the Mayor and Representative John Weaver, who gave the political push that was needed, the problem has been resolved. Mayor Windschitl stated that it took some explaining to them about the changes made; however, thanks to the work of the Clerk, the Engineers, etc., the problem has been resolved and the indications are the permit will be approved without any further problems. Mayor Windschit1 felt that the important thing for the City to be doing is to be submitting City decisions to the Metropolitan Council so their records are always up to date. ORDINANCE NO. 10 AMENDMENT (Plats) MOTION by Lachinski, Seconded by Ortte1, approving Ordinance No. 10F, an ordinance amending Ordinance No. 10, effective February 15, 1972, an Ordinance known as the Subdivision and Platting Ordinance of the City of Andover, with the correct spelling of "within" under (j), as presented. Motion carried unanimously. FINAL PLAT/NORTHGLEN Mr. Hawkins stated that the Development Contact with Good Value Homes has been negotiated. Mr. Voth then stated that the contract has already been executed, notorized, and is at City Ha 11. Council discussion was that the plat does meet the average lot requirement of 13,000 square feet; that the balance of the parkland dedication was accepted by the City as the well site area; that the entire area of Lot 33 shown on the plat will be deeded to the City by a Quit Claim deed from Good Value Homes to be used for drainage purposes and for the well and pumphouse site; and that 15 percent of $761,000 will be deposited with the City by Good Value Homes to be held in escrow. MOTION by Jacobson, Seconded by Peach, introducing a motion approving the Final Plat of Northglen as being developed by Good Value Homes as presented in written form before the Council this evening. (See Resolution R102-80) r~otion carried unanimously. TEMPORARY ON-SALE PERMIT (Weaver Fund Raising) MOTION by Peach, Seconded by Lachinski, approval of the Temporary On-Sale Non- lntoxicating Malt Liquor License permit for the Weaver Function at the McLaughlin residence on Bunker Lake Boulevard including a fee of $10, August 22, 1980. VOTE ON MOTION: Lachinski, Ortte1, Peach, Windschitl; NO-Jacobson Motion carried. APPOINT ELECTION JUDGES AND ESTABLISH VOTING PRECINCTS r10TION by Lachinski, Seconded by Orttel, entering a Resolution appointing Judges for the Primary Election to be held on Tuesday, September 9, 1980, in the City of Andover, as presented. (See Resolution R103-80) Motion carried unanimously. WELL NO.1 MOTION by Lachinski, Seconded by Ortte1, acknowledging the bids for contract award, Municipal Well No.1, Andover, Minnesota, Commission No. 7375, acknowledging the bid of E. H. Renner for $72,100; Keys in the amount of $81,925; Layne Minnesota in the amount of $84,225; Bergerson-Caswell in the amount of $92,650; and award the bid to --- Regular City Council Meeting August 19, 1980 - r~inutes Page 9 (Well No.1, Continued) Motion by Lachinski, Seconded by Ortte1, Continued E. H. Renner for the amount of $72,100; and direct the Clerk to return the bid deposits to all of the contractors except the top two bidders, Renner and Keys. (See Resolution R104-80) Motion carried unanimously) PUBLIC WORKS INTERVIEWS MOTION by Lachinski, Seconded by Orttel, that we interview for Public Works person on August 26. DISCUSSION was on the time schedule of the August 26 meeting and that there is only one applicant that has the Class B license. Councilmen Ortte1 and Lachinski WITHDREW the Second and the Motion. Council generally agreed to consider hiring the applicant at the August 26 meeting and that the applicant be asked to be present at approximately 9 o'clock that evening. MINING PERMIT Mr. Winner explained that the County has taken borrow, between 10,000 and 20,000 yards, from Slyzyk's property. Three-fourths was done before the City was aware of it. The County has stated they would provide a final grading plan for the borrow that was taken. He asked if the Council desire to have the County come in for an after-the-fact mining permit. Council discussed the matter and agreed to take no action. CONTRACT EXTENSION - 1980-1 PROJECT Mayor Windschit1 stated that there are àome ~u~stions being asked by the residents about the project. The Engineers were. lrec e 0 look into the following areas of concern: The contract is apparently telling the people that there will be one inch of asphalt in the driveways. (Mr. Schumacher stated that the specifications call for 1 1/2 inches.) Some of the people who didn't have water before now have water in their yards after the roads have been put in. There is a question of whether the Class 5 met specifications. Mayor Windschit1 explained that apparently the gravel did not meet specifications in the Coon Rapids jOb being done concurrently by the same company and additional rock was brought in. TKDA Engineers indicated that a gradation test was done on the gravel prior to laying the blacktop; however, they did not have the results with them this evening. The Engineers will report back on the matter. Councilman Ortte1 also stated that there is a bad drainage problem on 135th and Crooked Lake Boulevard, as the street was flooded during the last rain. Mr. Winner stated that the contractors are now requesting an extension of time on the contract due to unfavorable weather conditions and due to the lack of an easement agreement. No action was taken by the Council. DISPLACED PROPERTY MARKER Mr. Winner stated that Wayne Koeplin has stated that his property marker was buried during the construction of Prairie Road. r1r. Winner stated he found one of the property markers to the north, although he believed it was placed there by the surveyor doing the survey on the property to the north. The Clerk stated that the City's records do not indicate whether a marker has been taken out during the project. She felt that some policy should be set, as they get 7 to 10 requests a year to have property markers replaced. Council felt that Mr. Koep1in should first verify by certificate of survey that the property was surveyed prior to the City taking any further action. -- -~..~. - Regular City Council Meeting August 19, 1980 - Minutes Page 10 PLANNING AND ZONING COMMISSION REPORT Chairman Bose11 stated she has received approximately 6 proposal bids to update the zoning ordinances to match the Comprehensive Development Plan. Council agreed that the Commission should review the proposals and select two firms for Council consideration. Chairman Bose11 also made the recommendation that along with the Planning Commission, there be a representative of the Council and of the City Staff involved in the up- dating of the zoning ordinances. VOLUNTEER FIRE DEPARTMENT/PUBLIC SERVICES BUILDING COMMITTEE Mr. Hawkins reviewed his August 11, 1980, letter regarding his review of the specifica- tions and the problem concerning the construction of the well to serve the public works building, feeling that due to the geological conditions, any further costs incurred by the contractor to meet the 200 gpm rate would have to be borne by the City. Council discussed the problem, questioning whether the well pump itself has been damaged as a result of the sand that was pumped through it and that it is presently pumping at 150 gpm and possibly up to 170 gpm. Councilman Peach stated that Bloomberg has been given a list of work that needs to be completed on the building prior to the warranty. Of that list, 2 have been done and 3 haven't. He, along with the Fire Department and Public Works, went over the building again last week and added about 5 more items to the list that will be sent to Bloomberg. At this point, Chief Palmer stated he would prefer to settle for the 150 gpm well rather than spend a lot of money on it, even though there isn't enough water flow at that rate. The Department will have to compensate by eventually setting up some storage tank. The ~1ayor suggested a filter system on top of the pump; however, it was noted the problem with that is that the sand is still going through the well pump. MOTION by Ortte1, Seconded by Peach, that we accept the well as modified at the Public Services Building at no additional costs to the City. Motion carried unanimously. CONDEMNATION - EASEMENTS (Southwest Area) Mr. Winner asked the Council to consider a blanket condemnation for those easements that will be needed in the Southwest Area in the event ,that they are unable to negotiate settlements. Council asked that prior to taking action, the easements be specified with a recommendation of those that are anticipated will be a problem with negotiation. Mr. Schumacher stated he will have this prepared for the meeting on the 26th. JUNKYARD LICENSES Council discussed the 8/19/80 checklist relative to compliance tö the ordinanc~,by_ the various junkyards. Mr. Hawkins stated that if a junkyard discontinues operation for a period of one year, they would be declared nonconforming uses and according to the ordinances would no longer be allowed as a use in the City. Discussion was that the only yard that meets all the requirements is Comnercia1 Auto Parts at 13576 Jay Street; however, it was noted that the question of trees, shrubbery, etc., for screening is not addressed on the checklist. MOTION by Peach, Seconded by Jacobson, approval of Junkyard License for Commercial Auto Parts by Miste1ske until December 30, 1981. DISCUSSION: Councilman Lachinski felt it is important that trees be planted in front of the junkyards to provide screening. That should also be on the checklist. Mr. Hawkins suggested the ordinance be changed to get some specific standards for such screening. Motion carried unanimously. Regular City Council Meeting August 19, 1980 - Minutes Page 11 (Junkyard Licenses, Continued) MOTION by Lachinski, Seconded by Peach, to refer the consideration of requiring a 11ving fence with specifics to insure functional screening of the junkyards. Motion carried unanimously. APPROVAL OF MINUTES July 29, 1980: Page 6, second paragraph, last sentence, change to: ...a person could work his regular job but withdraw his pension funds as being disabled from the Fire Department... August 5, 1980: Correct as written. MOTION by Lachinski, Seconded by Jacobson, that we approve the Minutes of August 5, 1980. Motion carried unanimously. MOTION by Lachinski, Seconded by Ortte1, that we approve the Minutes of July 29 as amended. VOTE ON MOTION: YES-Lachinski, Ortte1, Peach, Windschit1; PRESENT-Jacobson Motion carried. APPROVAL OF CLAIMS Discussion was on the $700 charge by Springsted, Inc., to develop the Industrial Revenue Bond policy for the City. It was the Attorney's opinion that it is a policy of the City and that it should not be charged in total back to those two applicants (Boeh1and and Rademacher) of the IRBs. MOTION by Peach, Seconded by Ortte1, that we approve Claims numbered 3321 through 3346, excluding 3326 which is void, for a total of $11,634.14; and Improvement Claims for 75-2, number 139; 75-2, number 140; 80-1, number 376; and 79-2, number 377, for total of $219,985.92. Motion carried unanimously. MOTION by Orttel, Seconded by Peach, to adjourn. Motion carried unanimously. Meeting adjourned at 11:23 p.m. Respectfully submitted, 1~ ~~ O-N.~ C" r"\ ,<C,-<.-' Mar ~l1a A. Peach Recording Secretary --- . .