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HomeMy WebLinkAboutCC May 6, 1980 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MAY 6, 1980 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Bond Sale - Improvement Bonds 5. Discussion Items a. Preliminary Plat - Andover West b. Variance - Carlson/Boulais c. Special Use Permit - Germundsen d. Preliminary Plat - Good Ridge Acres e. Lot Division - Hughes f. Extension of Final Plat - Oakwood Estates g. Preliminary Plat - Rolling Creek Trails h. Hanson Boulevard Extension i. Joint Powers Agreement/133rd Avenue NW 6. Non-Discussion Items a. Northwest Consultants - Contract b. Kraabe1 Construction - Contract c. Street Improvement Construction - Contract d. Bohme Easement e. Legal Descriptions - Cemetary f. State Aid Mileage Resolutions g. Ordinance No.8 Amendments - Section 4.30, 8.20 i. Audit Report j. Resignation - Larry Retzlaff k. Date for Interviews/P&Z 1. Hazardous Waste Committee m. 7. Planning & Zoning Commission Report 8. Park & Recreation Commission Report 9. Volunteer Fire Department Report , 10. Approval of Minutes 11. Approval of Claims 12. Adjournment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MAY 6, 1930 r'lINUTES The Regular Bi-Month1y Meeting of the Andover City Council was called to order by t1ayor Jerry Windschit1 on May 6, 1980, 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 (arrived at 8:12); City Engineer, Mark Schumacher; Planning and Zoning Chairman, d'Arcy Bose11; City Clerk, P. K. Lindquist; and others RES WENT FORUr1 Helen Franz, Ward Lake Drive - complained about the dust problem along Ward Lake Dr1ve and was perturbed that the problem has not been alleviated in the past 11 years. She felt that people that have invested in property should have the right to enjoy their premises, but that there is no enjo~nent from spring to fall because of the dust. She felt the large sod trucks, some out-state trucks, are the primary cause of the problem and asked what is going to be done. She has been told that there is special funding available from the State for the inter-state licensed trucks operating On the City's roads. Discussion was that Class 5 would probably make the problem worse, that calcium chloride would have to be on an on-going basis, and that there are a lot of objections to oiling the roads. The Engineer was directed to check into the costs of oiling that stretch of Ward Lake Drive north from the blacktop off Crosstown to the corner, approximately 3/4 mile; that the possibility of funding for the implementation of the Clean Air Act should be investigated; and that the funding for inter-state licensed trucks operating over City roads also be researched. AGENDA APPROVAL MOTION by Jacobson, Seconded by Orttel, that we approve the printed Agenda for the C1ty Council meeting of May 6, 1980, with the addition of 6m, LMC Conference. t10t i on carried unanimously. MOTION by Jacobson, Seconded by Lachinski, that we suspend the rules. Motion carried unanimously. BOND SALE - IMPROVEMENT BONDS Greg Savage from Springsted, Inc., reviewed the bids for the bond sale, noting that the interest rates have been very favorable. Bids received were: Syndicate Head Net Interest Net Interest For Offering Do 11 ar Costs Rate Price Of Juran & Moody $232,048.33 7.7049% $421,600.00 Piper, Jaffray, & Hopwood 211 ,444.99 7.0209% 422,260.00 First Natl. Bank of St. Paul 209,793.56 6.9660% 422,733.00 Bank Northwest 205,741.67 5.8314% 424,410.00 American National Bank & Trust Co. 209,114.16 6.9434% 423,872.50 Springsted has reviewed the bids and verified their accuracy and recomnend accepting the bid from Bank Northwest. MOTION by Ortte1, Seconded by Lachinski, entering a Resolution awarding the sale of $430,000.00 in General Obligation Improvement BOnds for 1980, fixing their form and specification, directing their execution and delivery, and providing for their pa~nent... (awarded to Bank Northwest for a net interest rate of 6.8314%) ($2,810 being the amount bid in excess of $421,600 shall be credited to the bond sinking fund...) (See Resolution R40-80) Motion carried unanimously. -......~ . ,. . .,- , ~ , . Regular City Council Meeting May 6, 1980 - Minutes Page 2 PRELIMINARY PLAT - ANDOVER WEST Mayor Windschit1 explained that there is a technical problem with the plat as it doesn't show any parkland, which is required. The Preliminary Plat has to be complete, even if the final is going to be partially filed. Therefore, the plat must be returned to the Planning and Zoning Commission. After discussion On the parkland, Council generally agreed that the Park Board should be directed to consider accepting maximum parkland which would tie into the Lake Ridge park to expand on a regional park in that area, as is proposed in the master park plan. Planning Commission was also asked to review the placement of the lots as it relates to the UPA easement to see if what is proposed is the best use of the property. Jevon Lieberg, Rogers - owns five acres on the north end of County Road 20, adjacent to the property being platted. The 10-acre piece on the north side of the plat is owned half by himself, the other half by Mr. Sanford. There is also a section of about 20 acres along the south side of the plat in which he ownS a five-acre parcel as well. Dennis See1en, 4680 NW 147th Lane - stated the property on the south end is 300 feet w1de, 660 feet deep all along 149th. Mr. Lieberg - stated their objection is that the layout of the plat blocks those pieces into being no smaller than five-acre lots, as under the current ordinances they could not be split. The lots on the north cannot front onto Co. Rd. 20, which makes it difficult to develop that property. Both of them would like to be able to develop their lots into 2~-acre lots some day. Council discussion was that the lots on the north have a potential of splitting to three lots if a cu1 de sac road was built; that anybody who plats property absorbs the area that is taken by the road; that future subdivision shows access through to their property line on the north; and that the City cannot require the developer to consider those items outside of the platting area. Mr. Lieberg - stated they are asking that the plat take into consideration some of the surrounding land. He also explained that they were before the Planning Commission and voiced their objection and did meet with Mr. Berger, the developer; but Mr. Berger was unwilling to make any other cOnsiderations. They are the buffer between this plat and Lund's Round Lake Estates and have purchased the land from Programmed Land. They are all individuals owning the five-acre lots along there. Mr. Lieberg felt it is not in the best interests of Andover to have a row of five-acre lots between the two developments. Chairman Bose11 explained the events of the public hearings on the plat relative to the adjoining property owners' concerns. Mayor Windschitl noted that the City cannot get involved with private matters between individuals but can deal only with the ordinances and the logical connection of streets. Discussion was on various alternatives to providing access for the 20 acres to the south of the plat and that due to the size of the lots, no matter what is done, one lot or a portion thereof will be lost to a road. Ms. Bosel1 noted that Mr. Berger's plan is to develop 152nd and south as his first phase. Mr. See1en - stated they originally got together and bought the lots with the idea of rUnn1ng a road along the north side of those lots when the development of Andover West came through, with the idea of then subdiving into 2~-acre lots. But now the only thing left for them is to drive cul de sacs up through the middle of the lots. All oWners along that strip are committed to avoiding five-acre lots. Attorney Hawkins arrived at this time. Council looked at the logical connections of the streets in Andover West to that of adjacent plats; that 155th and 152nd have the potential of tying into Lake Ridge. Regular City Council Meeting May 6, 1980 - Minutes Page 3 (Preliminary Plat - Andover West, Continued) Mr. Lieberg - Mr. Berger never really showed any interest in getting together with them to d1SCUSS any alternatives to tie theirs into it. He stated they are very flexible and willing to listen and discuss compensation or whatever. Council discussion continued on possible road configurations. Council suggested that Mr. Lieberg and Mr. See1en scale out a proposal for the Council's review. MOTION by Peach, Seconded by Lachinski, that Andover West Preliminary Plat be referred back to the Planning and Zoning Commission and Park Board for resolution of the power line right of way question and parkland dedication. Discussion: If adjoining property owners have some type of plan they want the City to consider, it needs to take place at the next Planning Commission meeting. Council also felt that they should not be accepting half-streets within the plat. Motion carried unanimously. Discussion continued on the parkland desired within the plat. Attorney Hawkins advised that the City could take land now in lieu of cash to tie into the Lake Ridge park, taking just enough land to cover 10 percent of the first portion to be filed and taking the rest when the remainder of the plat is finalized if the developer is willing to go along with that and the City is willing to accept land that is outside the area that is gOing to be finally approved. Mayor Windschit1 suggested taking whatever land is allowed from the filing of the first plat nOW and have an understanding that the rest would come at the filing of the northern portion of the plat. It could simply be a metes and bounds description. MOTION by Jacobson, Seconded, that we direct the Park Commission to look at the possibility of obtaining parkland in Andover West Block 7, Lots 1, 2, and 3; Block 4, Lots 1 and 2; Block 3, 6, 7, and 8, or any part or portion thereof. Motion carried unanimously. VARIANCE - CARLSON/BOULAIS Theresa Bergland, 11446 Quinn Street, represented Oscar Carlson, as his real estate agent. Chairman Bose11 reviewed the drawing before the Council as to the ¡portion of land to be adjoined to create one larger lot. MOTION by Jacobson, Seconded by Ortte1, approving a Variance to create a legal parcel Spl1tting off additional footage from another parcel for A. Oscar Carlson and Keith E. Boulais as printed with the change of the name from Lawrence B. Carlson throughout the Resolution to the name of A. Oscar Carlson. (See Resolution R41-80) Motion carried unanimously. SPECIAL USE PERMIT - GERMUNDSEN MOTION by Lachinski, Seconded by Jacobson, entering a Resolution denying the Special Use Permit for Wayne Germundson to construct a double unit in Johnson's Oakmount Terrace... (third paragraph from bottom, change from prepared copy to: WHEREAS, the City Council has been informed that the Building Inspector did advise Mr. Germundson that such Special Use may be allowed.) (See Resolution R42-80) Motian carried unanimously. PRELIMINARY PLAT - GOOD RIDGE ACRES Chairman Bose11 stated that due to the mOney market, the developer has indicated he would prefer not to do any more work on the preliminary plat until this fall. Because the 60-day time period is up, the Planning Commission has not made a recommendation on the plat. o ~ , I Regular City Council Meeting May 6, 1980 - Minutes Page 4 (Preliminary Plat - Good Ridge Acres, Continued) MOTION by Ortte1, Seconded by Peach, that the Plat of Good Ridge Acres be denied on the basis of inactivity on the part of the developer regarding the plat. Discussion: Council discussion was on denying the plat at this time or referring it back to the Planning Commission. Attorney Hawkins knew that the public hearing by the P & Z is still open. He noted that according to the Statute the Council shall approve or disapprove the plat and the failure of the City Council to act on the application within 60 days is deemed approval. He felt the Council should disapprove it so there is no argument of delaying the developer. He recommended disapproving it on the basis there isn't enough information, etc., and then send it back through the platting procedure again waiving the platting fee. Discussion continued that in the future just before the 60 days, if the plat is not completed, the P & Z should make a recommendation for denial listing the reasons, unless the developer voluntarily waives the 50-day requirement. Councilman Jacobson felt that it should be referred back to the P & Z. Attorney Hawkins stated there has always been a question whether referring back to the P & Z constitutes "action" and felt that just to be safe, the Council should not be doing that any more. If the developer will waive the 60-day requirement and allows the City to refer it back, Mr. Hawkins saw no problem with that. Councilman Orttel ADDED TO MOTION: that filing fees for the reinstatement of this plat shall be waived if the plat is refi1ed within 60 days from 5/6/80. (See Resolution R43-80) Second still stands. VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschit1; NO-Jacobson Motion carried. LOT DIVISION - HUGHES Concern was expressed as to whether the splitting of duplexes, etc.', should be allowed; and if so, an ordinance should be written to provide for some control. MOTION by Jacobson that we authorize the City Attorney to write a letter to Mr. Hughes saying that the matter had been brought before the Council and it was the feeling of the Council that such a splitting as he is requesting information on was not looked upon with favor; however, this is an informal reply and if he feels he wants to push the issue that he should send a legal document. Motion dies for lack of a second. Discussion: Mr. Hawkins understood that Mr. Hughes wants to split the lot down the middle with the wall in the middle and that two separate parcels would be conveyed. Further discussion was that was an informational request by Mr. Hughes; questioned the seriousness of allowing this type of split because it may have a snowballing effect in the City; and that if it is allowed, an ordinance needs to be drafted. MOTION by Ortte1, Seconded by Lachinski, that Mr. Hughes be advised that the City is in the process of developing an ordinance controlling the type of subdivision he has inquired about and should, in the near future, have the ordinance developed to deal with it. Motion carried unanimously. MOTION by Peach, Seconded by Orttel, that the City Council direct the Planning and Zon1ng Commission to look into the feasibility of developing an ordinance controlling the multiple ownership of dwellings. Motion carried unanimously. EXTENSION OF FINAL PLAT - OAKWOOD ESTATES Chairman Bose11 advised that the preliminary plat was approved on April 3, 1979. The 6-month time period for filing of the final plat has expired. Recess at 9:10; reconvene at 9:20 p.m. Regular City Council Meeting May 6, 1980 - Minutes Page 5 (Extension of Final Plat - Oakwood Estates, Continued) Attorney Hawkins advised that Section 11.01, Subdivision A of Ordinance 10, provides that if the final is not filed within six months of approval of the preliminary plat, the approval of the preliminary plat is considered void unless there has been a request for extension in writing. Based on that Section, he felt the City could consider the preliminary plat void and require the applicant to start over again. MOTION by Lachinski, Seconded by Jacobson, that the City Council, City of Andover, has considered the request by Keith Harstad on Oakwood Estates and at this time considers the Preliminary Plat of Oakwood Estates would be void pursuant to Section 11.01 Subdivision A of Ordinance 10. (See Resolution R44-80) Motion carried unanimous 1y. PRELIMINARY PLAT - ROLLING CREEK TRAILS James Merila, Merila-Hansen, Inc. - noted that Mr. Robert Mack is the owner of record as the contract purchaser from the Colony Oil Company. Mr. Mack is also the owner of the Colony Oil Company. The Monite Glue Company is a subdivision of the Colony Oil Company. Chairman Bose11 explained that the Planning Commission reviewed the plat, noting their Minutes of April 22. The plat was sent to the City Council because it was within the 60-day time frame. In the meantime, all nine items that were unfinished at that date have been completed. Therefore, the plat is finished as far as the Planning Commission is concerned with the exception of making a recommendation. Also, TKDA has stated that all engineering matters are finished. The Park Board has made a recommendation, and at the present time there is no parkland in the plat. The Planning Commission was not to the point of noting variances, and, therefore, they have no recommendation to the Council. Council discussion was that in the past those areas that needed to be filled to meet the minimum 39,000-square-foot requirement were shaded in the plat; that there are soil borings of the peat showing the water table at the low area in the northwest portion of the plat as approximately three feet below the surface; that on Lot 6, the peat will have to be excavated and the lot filled to meet minimum basement elevation of approxiamte1y 887 feet; and that the lowest contour in the swamp is 882.8. Mayor Windschit1 questioned the lots proposed along the railroad tracks, feeling that the lots had to run with the narrow side to the road; and expressing dismay about putting the narrow side of the lots up against the railroad tracks so that the houses will be so close to the tracks. He felt if those lots are necessary, a better place to have them would be along the west side of the plat, not abutting the tracks. He couldn't recall a plat ever coming in with a strip of narrow lots as is being proposed here. Dou1 Steele, 140th Lane NW - alluded to the landfill located on the corner of Crosstown Bou evard and Andover Boulevard, with water draining toward this plat. He questioned the water quality on this property when private wells will be used. He asked what liability there is to the City by issuing building permits if the water quality is unsuitable or if the City would be forced to put in drinking water. Mayor windschitl stated that this same point has been made to the developers previously. Mayor Windschit1 also strongly felt that there should be some parkland dedicated in the plat, as there is no parkland in the city on that side of Andover Boulevard or on that side of the railroad tracks. Councilman Peach questioned Lot 6, Block 5, as to the average width, as the only place the lot is 300 feet is at the setback line. Regular City Council Meeting May 6, 1980 - Minutes Page 6 (Preliminary Plat - Rolling Creek Trails, Continued) Chairman Bosel1 explained that the configuration of Lot 11 was to give that lot access to the creek. Councilman Ortte1 also noted that No.6 in the legend of the plat should state 875. Erick Ve1em (attorney), practices law with Richard Sa1iterman - requested that they address some of the issues raised by the Council. Mr. Merila - stated they are aware that the westerly street would require a variance because it is over 500 feet, which was discussed with the Planning Commission. It was his recollection that that is the only variance needed on the plat. He stated the narrow lots a10n9 the railroad tracks have not been brought up previously, and he explained the reason those lots are set up that way is looking ahead to the logical future subdivision layout to provide for the deep lots in that future subdivision. There is 100 feet between the railroad tracks and the property line. By using this cOnfiguration, they can provide from 220 to 260 feet from the railroad tracks with the R-4 subdivision, which is larger than what most other cities are doing in R-4-type densities. Lot 6 provides for 300 feet at the setback line, which is required by ordinance; and the irregular configuration of the lot, again, provides for logical future subdivision. The Planning Co~nission felt Lot 4 might require a variance because of the size. Council discussion was that without a recommendation from the P & Z, the Council has little choice but to deny it unless the developers are willing to waive the 60-day requirement and have it referred back to the Planning Commission; that the Council should not be in the position of pointing out variances and providing reasons for them; and that some on the Council were opposed to the plat with no land dedicated for park. Discussion continued with Mr. Meri1a and Mr. Lee Eckland relative to the park, with the developers noting they have been before the Park Board three times with various proposals and that cash in lieu of parkland was their recommendation, noting what they felt was a problem getting direction from the City regarding the parkland, expressing frustration in the procedure and difference of opinion between the Park Board and the Council. Some on the Council felt an obligation to provide parkland for residents in this area; that a reasonable portion of that park should be located along the creek, suggesting the possibility of some portion in the southwest area of the plat; noting various reasons why the Park Board made the recommendation they did, including rejecting the parkland proposals from the developers because the land proposed was either unusable swamp or virtually inexcessab1e to the residents; and that the ultimate decision on park dedication is made by the Council. Mayor Windschitl asked those representing the plat whether they want a Council decision on the plat this evening or are they willing to grant a 3D-day extension for reference back to the P & Z and Park Board. Mr. Velem (attorney) - stated that they have operated in good faith with the Park Board and Planning Commission. The recommendations from the Planning Commission and Engineers this evening are that they have fully complied. They are hearing some things for the first time tonight. The impression they are getting is that this could go on ad infinitum, and that they may be back in the position where they can do nothing else aside from litigate the issue, which, he stated, certainly isn't the position they want to take. Because the Council is having a joint meeting with the Park Board next week, it was suggested the Council discuss this particular issue at that time to get it resolved. It was also suggested that a special Park Board meeting be called for that evening Regular City Council Meeting May 6, 1980 - Minutes Page 7 ( Preliminary Plat, - Rolling Creek Trails, Continued) to act on the matter. Chairman Bosell also noted that this item is on their May 13 Agenda, at which time they may be able to make a recommendation to the City Council. Council agreed to waive the time required between the P & Z recommendation and placement on a Council Agenda, and to put the item On the May 20 Regular City Council Meeting Agenda in the event the P & Z make a recommendation at the May 13 meeting. Mr. Ve1em (attorney) - agreed to the 30-day extension and will attempt to place themselves On the Council's Agenda for May 20. Council directed the Clerk to tentatively add this to the May 20 Agenda in the event the parkland is resolved and Planning Commission makes a recommendation May 13. Council discussion was on the alleged dumping which took place on that land in the past and the potential for groundwater pollution; that to date no testing of the water quality has been done; and that the testing should be done prior to any building permits being issued. Mr. Merila - stated there are wells on existing residences near the area, and it is h1S understanding that the wells are going down 140 feet deep past a clay layer that seals off the surface water. Mr. Steele - stated his well is 160 feet deep. Only one other neighbor has a deep well; all other neighbors have wells which are in the surface water at approximately 22 feet. There are several that are known to be contaminated. He also has heard about the possibility of some dumping on the property. The developers will be required to have the wells tested if they want FHA funding, and he felt it would behoove every- body to have the drinking water tested. Mr. Eckland - stated they have contracted Twin City Testing, who has tested the material on the1r site and reported that the material is non-hazardous and is not a threat to the ground water. MOTION by Jacobson, Seconded by Lachinski, that with the cOncurrence of the developer of Kolling Creek Trails who has agreed to a maximum 30-day extension of City Council action on the preliminary plat, that the City Council send the preliminary plat of Rolling Creek Trails back to the Planning and Zoning Commission to have the review and action on the plat at their meeting on May 13, and, if possible, provide the necessary information for the City Council on the preliminary plat at the Council's next regularly scheduled meeting. Discussion: Council felt that both a shallow water table sample should be taken on the site of the dumping within the plat and a sample taken right across the creek from the landfill. Mr. Schumacher stated the only potential for pollution in deep wells would be from infiltration of pOllutants from the landfill. Part of the City's well testing in other areas should determine if that material is leaching out into the water table. Mr. Schumacher was directed to make a determination of where the water samples should be taken in the area. Council agreed that the testing of water would be a contingency on the preliminary plat. Motion carried unanimously. MOTION by Ortte1, Seconded by Peach, that the Council direct TKDA to operate under the escrow ordinance with the developer to arrange for locations for water testing on the proposed plat of Rolling Creek Trails Addition. Motion carried unanimously. I HANSON BOULEVARD EXTENSION Mr. Hawkins reported he is having a problem with easement acquisition for a 35-foot strip from one individual; that he is meeting with several of the property owners tomorrow to reach an agreement; that he will be working with the City Engineer as to the possibility of moving the road easement; and that he will be able to have a more complete report at another Council meeting. Regular City Council Meeting May 6, 1980 - Minutes Page 8 JOINT POWERS AGREEI'1EIH 1133rd AVENUE NW MOTION by Jacobson, Seconded by Orttel, for a Joint Powers Agreement by and between the Clty of Coon Rapids and City of Andover for the construction of 133rd Avenue NW - Coon Rapids Project No. 79-24, as presented, with the insertion of the correct date, May 6, in the appropriate spots. Motion carried unanimously. Council discussion was on a street missed in the Gladiola Street Improvement project located north of 135th Lane; questioning the width of easement there; and questioning whether it is feasible to do this road. MOTION by Lachinski, Seconded by Jacobson, that we authorize TKDA to prepare a feasibility study for Eide1weiss Street north of 135th Lane. Discussion: The cost of the feasibility should be minimal as it was done previously and that it should be included in the Gladio1a Street project. John Ward indicated that drainage from that street drains north-into his back yard. Mr. SChumàEe~þt~~S directed to research the width of easement and whether or not the City has! . he easement prior to determining if it should be improved. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, to authorize the City Attorney to seek quotes for bonding for improvements on Eide1weiss Street, Xavis and 138th Avenue to determine what rate of interest would be required and any other matters pertaining thereto. Motion carried unanimously. HAZARDOUS WASTE COMMITTEE Mayor Windschit1 recommended those persons listed be appointed to serve on the Hazardous Waste Committee and that John Ward be made temporary Chairman of the Committee. MOTION by Peach, Seconded by Ortte1, that the City Council establish a Hazardous Waste Committee consisting of the following members: Dr. Dan Janiga, Lyle Bradley, Doug Steele, Mike Schollmeyer, Terri Fife, with John Ward as the temporary Chairman; membership expiring 12/31/80. The Committee will be directed to evaluate the results from the well and boring tests made through the County/City Agreement and to review, report, and reco~nend any other matters pertaining to the hazardous waste problems in Andover; that mileage will be reimbursed at the standard rate and any other out-of- the pocket expenses needed for the functioning of the Committee would be reimbursed as approved by the Chairman at his discretion. Motion carried unanimously. NORTHWEST CONSULTANTS - CONTRACT The Clerk reported that Exhibit A as noted in the contract is the same schedule as in the previous document. Ms. Bosel1 stated she has talked with Mr. Licht today, who in turn has talked with Metro Council. Apparently Metro Council has stated the City can submit the Comprehensive Plan any time within the month of July. MOTION by Ortte1, Seconded by Lachinski, that the City of Andover enter into a contract for professional planning services with Northwest Associated Consultants, Inc., for the sum of $250 for the purpose of completion of all required data of the Comprehensive Development Plan to be completed by July 6, 1980, with the following changes: Page 2, F, 2: All costs incurred will be due and payable to the Consultant upon completion of said work; and Page 1, C, 1: Available re1event material pertaining to completion of the project that would be normally provided by the City. ¡'10tion carried unanimously. .,- , Regular City Council Meet1ng May 6, 1980 - Minutes Page 9 KRAABEL CONSTRUCTION - CONTRACT MOTION by Orttel, Seconded by Jacobson, that we approve the Maintenance Agreement w1th Burton Kraabe1 Construction, Inc., according to his fee schedule as presented Apri 1 3, 1980, and according to the r~aintenance Agreement to be effective the First Day of May, 1980, with the change in Section Three to be "No repair or maintenance operation shall be initiated unless the Contractor has received an authorization from the City to proceed" and to eliminate the second sentence that states "The City reserves the right to designate an individual Road Overseer." Motion carried unanimously. HEIDELBERGER STIPULATION AGREEMENT Attorney Hawkins stated that from the information on hand (reference the ~1ay 2, 1980, correspondence from Ralph L. McGinley, Anoka County Administrator), he was not sure how it all fits together since he didn't have the entire Stipulation Agreement. There is a meeting on Thursday morning with the County Attorney and the PCA Attorney to discuss the Agreement. MOTION by Orttel, Seconded by Jacobson, that the Council authorize the City Attorney to attend a meeting on Thursday, May 8, as needed with the Attorney from the PCA and AnOKð County to work On the Stipulation Agreement between those parties and the Cecil Heidelberger, et a1. Motion carried unanimously. STREET IMPROVEMENT CONSTRUCTION - CONTRACT MOTION by Orttel, Seconded by Lachinski, entering the following Resolution accepting bids and awarding contract for the construction of bituminous streets in the west half of Section 17, Township 32, Range 24, and the area known as A11adin Acres in Section 18, Township 32, Range 24... also adding that we would return the security deposits of all but the top two bidders which will be held no longer than 60 days (entering into contract with Thomas Montgomery Construction in the amount of $229,527.40) (See Resolution R45-80) Motion carried unanimously. STATE AID MILEAGE RESOLUTION MOTION by Jacobson, Seconded by Ortte1, entering a Resolution revoking Municipal State Aid Streets; this resolution referencing the extension of Hanson Boulevard, as presented to the City Council by TKDA on May 6. (See Resolution R46-80) Motion carried unanimously. - MOTION by Jacobson, Seconded by Ortte1, entering a Resolution establishing Municipal State Aid streets referencing Crosstown Boulevard from the intersection of Prairie Road to the intersection of County State Aid Highway 20, as presented to the City Council On May 6. (See Resolution R47-80) Motion carried unanimously. MOTION by Jacobson, Seconded by Ortte1, introducing a Resolution establishing and des1gnating and numbering the County State Aid system of Anoka County, locating and establishing a certain state aid highways within the corporate city limits of the City of Andover, as presented to the City Council by TKDA on May 6. (See Resolution R48-80) Motion carried unanimously. BOHME EASEMENT MOTION by Peach, Seconded by Orttel, that the Council authorize the payment of $500 for the Rosaria Bohme easement. (See Resolution R49-80) Motion carried unanimously. Regular City Council Meeting May 6, 1980 - Minutes Page 10 LEGAL DESCRIPTIONS - CEMETARY Attorney Hawkins stated that when the registered land survey was drawn and the tract was created for the cemetary, it was off by 2 feet and one bearing line, and the examiner said that was not the exact tract that was agreed to be transferred. Therefore, the City needs a Resolution authorizing the Mayor and Clerk to sign an amended stipulation in which we accept Tract Y as the cemetary. site. MOTION by Lachinski, Seconded by Peach, to so move. (See Resolution R50-80) Motion carried unanimously. ORDINANCE~NO. 8 AMENDMENTS - SECTION 4.30, 8.20 MOTION by Jacobson, Seconded by Lachinski, that Item 6g, Ordinance No.8 Amendment, Sect10n 4.30 and 8.20 be conveyed to the Planning and Zoning Commission for study and recommendation. Motion carried unanimously. MOTION by Lachinski, Seconded by Ortte1, that we cancel the Special City Council Meeting scheduled for May 13 and reschedule that Special City Council Meeting for Monday, May [2, and to handle any unfinished business from this evening's meeting at that time. Motion carried unanimously. RESIGNATION - LARRY RETZLAFF MOTION by Ortte1, Seconded by Lachinski, that we accept the resignation of Larry Retzlaff from the Planning Commission and have the City forward Larry a letter of appreciation for the years of help he has given the City. Motion carried unanimously. LMC CONFERENCE MOTION by Lachinski, Seconded by Orttel, that the City Council authorize the Mayor, one Councilman, and the City Clerk to attend the LMC Conference in Duluth and authorize payment of associated expenses. Motion carried unanimously. PLANNING & ZONING COMMISSION MOTION by Ortte1, Seconded by Peach, that we set May 19 as the date to finalize the Comprehensive Plan in a joint meeting with the Planning Commission. Motion carried unanimously. VOLUNTEER FIRE DEPARTMENT Fire Chief Bob Palmer reported that he has been unable to find someone to repair the brush tanker; and estimated it would be $500 to $600 to replace the transmission if someone would donate the labor. He asked for some direction from the Council as to the merits of repairing the brush tanker or if the purchase of a new vehicle should be investigated. Chief Palmer explained that the brush tanker was intended to be a brush vehicle but it cannot be used in the winter mOnths. The Department would like to see a replacement pickup or pumper with 4-whee1 drive which could be used as a first- response vehicle at any time. Council discussed the alternatives available, noting the problem of financing any new vehicle. Council generally felt that the brush tanker should be repaired. After some- one is found to repair the truck, the Department should acquire the necessary parts. Councilman Ortte1 stated he would also try to find someone to repair the truck. MOTION by Lachinski, Seconded by Peach, to adjourn. Motion carried unanimously. Meeting adjourned at 11:45 p.m. ~~spectfu11Y subm~; .~,.~~ t''c:::.--' arce a A. Peacn Recording Secretary ,.. -