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HomeMy WebLinkAboutCC July 11, 1984 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING-JULY 11, 1984 AGENDA PLEASE NOTE DATE CHANGE 1 . Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Special Use Permit-Andover Pet Clinic b. Lot Split - S. Britton c. Rezoning - D. King d. Schriptek, Inc. - Discussion e. Joint Powers Agreement - Coon Creek Watershed District f. Franchise Ordinance - Northern Natural Gas Co. g. Plans & Specification - So. Coon Creek Drive West h. M.S.A. Status Report i. Easement Encroachment Agreement-F. Barnes j . Proclamation - Soderville Athletic Association 5. Non-Discussion Items a. Accept Resolution-Ditch No. 57 Repair b. NI Malt Liquor On-Sale License - Lions Club 6. Reports of Commissions, Committees, Staff a. Park Commission b. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment - ~ 01 ANDOVER M E M 0 RAN 0 U M TO: COPIES TO: ATTORNEY FROM: DA TE: REFERENCE: AGENDA COMMENTS - JULY 11 MEETING Item No. 3 - Agenda Approval Please add Item No. 4-i (Easement Encroachment-F. Barnes); Item NO. 4-j (Proclamation-Soderville Athletic Association); and Item No. 5b- (NI Liquor License-Lions Club). These were not on the published agenda. Item NO. 4a - Special Use Permit/Andover Pet Clinic Enclosed is the P&Z recommendation for approval of a Special Use Permit pursuant to Ordinance 8, Section 7.03 to operate a pet clinic in the Andover Shopping Center. The operation is in compliance with the ordinances; a resolution will be prepared for approval. Item No. 4b - Lot Split/So Britton Enclosed is the p&Z recommendation for approval of a lot split to allow Ms. Britton to subdivide her property into two separate parcels. You will note there was some discussion on the ability to have the 39,000 square feet of buildable ground. Ms. Britton has redrawn the division lines to achieve this requirement on both lots. She will have a sketch available for the Council. The property has not yet been surveyed, however, this will be done following Council approval. A resolution will be prepared. Item No. 4c - Rezoninq/D. King You will note from the enclosed recommendation from the Planning and Zoning Commission that they are holding with their original position sent to the City Council previously. Mr. King is still requesting a rezoning from NB to GB to allow him to construct a full-serve car wash. He was advised by the Council to look into only rezoning the northerly portion of the property; and constructing residential dwellings on the southerly portion. The same objections are voiced by residents in the area. Inasmuch as most of the objections are to the use, i.e, car wash, Contract Zoning would not solve this problem. I have not heard from Mr. King, so I cannot comment on any alternatives he may have. Agenda Comments July 11, 1984 Meeting Page 2 Item No. 4d - Schriptek, Inc./Discussion Schriptek, Inc. has changed their name/officers to "North American Tire Techll¡ this necessitates a change in the licensing agreements with Anoka County. NATT is requesting a change in the new/old tire ratio established by the City and County. Approval must be secured from the City prior to County approval. The time period is also up now on the "Temporary Mobile Home Permit"; therefore, this will have to be disposed-of at this meeting. Item No. 4e - Joint Powers Aqreement/Coon Creek Watershed District Enclosed is a copy of the proposed Joint Powers Agreement between the District and the City; this Agreement, when executed, will require the City to collect the established "Resevoir Fees" from developers at the time of platting. It is my understanding that Andover and Coon Rapids are the only two cities who have not signed the Agreement. Apparently Coon Rapids is working on some language changes because of specific plats in their City. Item No. 4f - Franchise Aqreement/Northern Natural Gas Co. The City Engineer has reviewed and redrafted the proposed Agreement. Enclosed are copies of both the original ordinance and the proposed changes. Item No. 4g - P&S/South Coon Creek Drive West T.K.D.A. will present the p&S for the improvement of sanitary sewer and municipal water for South Coon Creek Drive-West. A resolution is prepared for acceptance as presented. Item No. 4h - MSA Status Report Enclosed is correspondence from the City Engineer covering the status of the proposed MSA projects. The projects have been bid, however, Contract has not been awarded. Bonding will have to proceed, based on the number of jObs the City wants to award. Item No. 4i- Easement Encroachment-F. Barnes There are several lots in the interior of Barnes 2nd Addition which contain a large drainage area. The City Engineer has checked the topography of the area; it appears the lines were drawn to designate the area more for ease of legal description than drainage topography. Lot 4, Block 5 also contains a gas line easement diagonally across it; therefore, it almost prohibits the construction of a house of any size. Mr. Barnes has a potential buyer for the lot, however, the house he wishes to construct will not fit between all the easements. As a result of the above, Mr. Barnes is requesting a vacation of the southerly 30' feet of the easement. The potential buyer has the sale contingent upon him being able to start construction on the house next week. I talked to the City Attorney who advised that the City Council could approve an "Easement Encroachment" while the vacation is being processed, thereBy allowing the buyer to secure his building permit. Attached is a memo from the City Engineer covering this easement. Agenda Comments July 11, 1984 Meeting Page 3 Item No. 4j - Proclamation/Soderville Athletic Association The Soderville Athletic Association is requesting the adoption of a Proclamation declaring the week of July 16 through 22 to honor the 25th Anniversary of this Association. Item No. Sa - Accept Resolution/Ditch No. 57 Repairs Attached is a proposed resolution from the Coon Creek Watershed District for the concurrence by the cities for the ditch repair as shown on the plans. Item No. 5b - NI Malt Liquor On-Sale License/Lions Club The Lions Club is requesting a license to allow them to have their concession wagon and sell beer for the Andover Fun Days on August 11th and 12th. Item No. 6a - Park Board No information has been received to-date. Item No. 7 - Approval of Minutes February 21, March 6, 22, 28, April 3, 7, 17, May 1, 15, 17, June 5, 19, 21- Attachments ~ 01 ANDOVER REGLLAR CITY COUNCIL MEETING - JULY 11, 1984 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on July 11, 1984, 7:30 p.m., at the Andover City Ha11, 1685 Crosstown Boulevard NW, Anoka, Minnesota. ~ouncilmen present: Elling, Lachinski, Orttel Councilman absent: Knight Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; Planning and Zoning Chairman, Don Spotts; City Clerk/A. Administrator, P. K. Lindquist and others RESIDENT FORUM Bev Christenson, South Coon Creek Drive - stated the City has an ordinance against barklng dogs after 10 o'clock at nlght, but there is no curfew for children to be home by 10 o'clock. She felt there should be such an ordinance to provide the deputies with the tool by which they could get children off the streets at night. She stated they have a lot of damage done in their neighborhood by children in the evenings, stating she is tired of the damages and pranks. Attorney Hawkins stated-curfew ordinances generally have not been very successful as far as enforcement, but vandalism, disorderly conduct, public nuisances, etc., are covered under other ordinances that can be enforced. Council agreed to refer the matter to the Crime Prevention Committee to look into it further. AGENDA APPROVAL MOTION by Orttel, Seconded by Elling, that we approve the, Agenda as written with the addltlon of Item 6b, Hazardous Waste. Motion carried unanimously. SPECIAL USE PERMIT - ANDOVER PET CLINIC Chairman Spotts reviewed the Planning Commission's recommendation to approve the special use permit for a pet clinic in the new shopping center. Dr. Hartman had stated any animals that would have to be housed overnight would be taken to the Ramsey Clinic. MOTION by Orttel, Seconded by Elling, a Resolution approving a special use permit for the operation of a veterinary pet clinic in the proposed Andover Shopping Center as prepared. (See Resolution R059-84) Motion carried unanimously. LOT SPLIT - S. BRITTON Mayor Windschitl informed the Council the applicant has asked to table this item to resolve the disagreement on the area and soils condition. MOTION by Orttel, Seconded by Lachinski, that we continue the Sylvia Britton lot split lssue until the July 17 meeting. Motion carried unanimously. REZONING - D. KING Chairman Spotts reported the Planning Commission again voted to recommend denial of the rezoning request from NB to GB south of Bunker Lake Boulevard to be able to construct a full-serve car wash. They had received a petition from 35 members of the neighborhood and a letter from Grace Lutheran Church expressing opposition and concerns to the rezoning. The main contention of the residents was against rezoning the property for rezoning purposes. The proposal brought in by Mr. King to place twin homes on the southern portion of the property to buffer the existing homes on 136th would require two zonings plus a lot split, which complicates the rezoning. Regular City Council Meeting July 11, 1984 - Minutes Page 2 (Rezoning - D. King, Continued) Jim Martinson, 3532 l35th Lane - stated Mr. King is not able to be present this evening but wlshes the Council to make a decision on this matter. He stated he had intended to build the duplexes behind the car wash, but they probably would not have been built prior to the car wash. He understood Mr. King wants to have the car wash available for this fall. One thing that was mentioned to get away from the rezoning issue was to do a PUD, but he didn't know if the Council would be comfortable with that. Mr. King would like contract zoning, feeling it would best protect the City and himself, but Mr. Hawkins had stated there may be some problems with that. Mr. Martinson also stated the property this abuts to are double bungalows; so by constructing duplexes behind the car wash, a double buffer zone would be created. He was not sure whether the existing doubles are owner-occupied or rental units. He also stated there was never a consideration to have the car wash exit onto Poppy Street. Council discussion noted the Church's issue is traffic going through their parking lot, which is a different issue. Council also discussed the proposal and the residents' reaction to this or any other development on that corner. Dale Strassbur~, 136th Lane - stated they are not opposed to any development. It is zoned NB, thln ing there are many of those businesses allowed in that zone that they would be comfortable with. They are opposed to the rezoning, specifically for a car wash. One of his concerns is the amount of noise generated by a car wash, stating the Typhoon Car Wash in Anoka which has 8 vacuum stations can be heard as much as three blocks away. The proposal here is for 14 vacuum stations. He understood the car wash would be open for extended hours and was not sure two more double homes in that area would buffer out that noise. There are other businesses that are allowed on that property that would not generate that amount of noise. Mr. Martinson - stated the hours on the car wash would be from 7 a.m. to 7 p.m. Loren Fechner, 3412 136th Lane - stated he is opposed to the rezoning. Theydon't desire a car wash but are definitely opposed to the rezoning. Council discussion was on whether the new business zone being considered by the City would allow for a car wash, that a car wash business is built to serve a larger area than just the neighborhood, and that the rezoning to residential on the back half of this property for a buffer is desirable. Mr. Martinson - stated he had talked with the people involved with the,shopping center about putting the car wash there, but they have no intention of putting one in at this time. What they would consider is a self-service stall-type car wash. Mr. Fechner - asked if there was any other land zoned GB. Council stated there is, but none of it is served with sanitary sewer and water which is required for a car wash. Mr. Martinson - stated the traffic patterns and location are also important for this type of bUSlness. Dale Gelling, 3432 136th Lane - stated one of the double bungalows is occupied by the owner and the other lS rented, but it has been rented for a number of years by the same person. He stated he is opposed to the rezoning and to the car wash mainly because of the noi se. Gerald Gerrard, 3442 136th Lane - is not opposed to residential development on the part of the lot facing 136th Lane and zone NB for the remainder of the property. The NB zone was there before he moved into his house. And he has no complaints about the type of businesses that are allowed in NB zones, which are generally store-front operations facing the service 'road that create very little commotion. He is opposed to setting a precedent of rezoning to General Business for this type of reason. There is a lot of other land on that corner that could be re~oned GB if this precedent was established. Regular City Council Meeting July 11, 1984 - Minutes Page 3 (Rezoning - D. King, Continued) Council discussion noted the opposition of the residents to the rezoning, that the noise issue is a valid one, but still some feeling that a residential area facing 136th would make an appropriate buffer for whatever business would develop on that land. It was also brought out that a 4/5 vote is needed for a rezoning. MOTION by Elling, Seconded by Lachinski, that we deny the rezoning of the King property from Neighborhood Business to General Business for the reasons as stated by the Planning Commission in its recommendation. (See Resolution R060-84) Motion carried unanimously. SCHRIPTEK, INC. - DISCUSSION Darryl Chapman - stated North American Tire Tech had purchased the stock and holdings of Schriptek:quUe some time ago and the licensing is going through the county under the name of NATT. NATT is a group of investors that has bought all assets of Schriptek, and Mr. Slayback is a stockholder and partner of NATT. Mr. Chapman explained they have been working with the State on several different potential programs to assist with the cleanup of the pile of tires, to assist with their cash flow and some degree of subsidy for the shredding operation of the old tires. NATT has taken the approach of having to directly subsidize the shredding operation with the incoming tires. They are now losing money on every ton, of tires they shred based on what they get paid from Owens Illinois. Their only additional subsidy is in the form of a tipping revenue of tires dropped or co llected . The degree of that subsidy or State assistance will have a great bearing on how long it will take to clean up that existing pile. As it exists now, they could probably justify shredding a half of an old tire for each new tire brought in. They are looking at several things to improve their situation, including collecting more tires and modifying their new shredding machine for greater production. Their two options have been to either eliminate the ratio factor for the operation until their situation improves or to relocate to another site within the metropolitan area where theoywould not have a ratio to work with. Mr. Chapman agreed that a part of the problem is having to pay Mr. Heidelberger for the tires coming in as well as the old tires being shredded, but that problem will not go away. There was a lot of discussion by the Council and Mr. Chapman on the proposal to reduce or eliminate the ratio factor of old tires to new tires for a period of time. The Council wanted some motivation for NATT to continue to shred the existing tires on site. It was noted the bill passed by the State legislature to assist in the removal of old tire piles has been funded for rule making purposes this year and in all likelihood will be funded for operating purposes in the next legislative session. The collection fee on new tires started July 1. This is expected to provide the subsidy needed for NATT to economically reduce the existing pile of tires on that site and it was speculated those funds will be available by April, 1985. Mr. Chapman - stated that program will be administered by the PCA. He also stated another factor is the site is quite saturated with hazardous waste which will be cleaned up at some point. That could also assist their program. Mr. Chapman - assured the Council they will attempt to reduce the pile of tires, but they Just cannot continue to carry that cost any more. Another suggestion was to leave the ratio as is but allow a l2-month moritorium on the ratio as long as they are taking care of all the tires that come in and are developing a flow of tires at the minimum. Their basic intent of staying there is to reduce that pile of tires, but they cannot do that unless they improve their collection operation. He also explained they have an open purchase order with their market, and they are not contracted to a minimum or maximum. Owens Illinois would like up to 24,000 ton a year. At best under their current collection, they are able to shred and provide about 8,000 ton a year. Regular City Council Meeting July 11, 19S4 - Minutes Page 4 (Schriptek, Inc., - Discussion, Continued) A fear of the Council was that this area would become the permanent disposal area for used tires in the metropolitan area, and they were concerned with the mobile home still on site. Mr. Chapman - stated the problem with the mobile home is two-fold. The trailer on site lS used as an office, but the temporary permit is up. And they would like to keep that one and a lso put another'one there. They need the office space on site, but they don't own 'the property and will never own the property. So it is difficult for them to justify the expense of a permanent building. He predicted within three to five years the pile of tires will be gone, and this provides the ability for the City to look at them as a project as opposed to a continuing operation. He stated there is no problem with them moving out once the tires are gone, saying this location is probably the least likely location for tire recycling in the metropolitan area. Council discussion was there is no provision in the ordinance to allow for a permanent mobile home on that site. But there is no time frame for projects where contractor mobile homes are allowed. It was generally felt that the mobile home office is behind the fence and is probably the lease offensive thing on that operation. It was thought if the company would agree to move off site after all the existing tires are shredded, it would be considered a process of working on a project within the City. A permit is required for contractor mobile homes on site for over six months and the Council would set the conditions of that permit. Mr. Chapman - stated at the end of the project they have no need for that trailer. The Council directed the attorney to determine the appropriate changes:,to the special use permit to treat this as a project; and when the proejct ends, the trailer must be removed from the site. Also, the junkyard license would be terminated at the end of the project. Council also agreed to keep the licensing agreement at a three-to-one ratio of tire reduction with a six-month suspension of that, but, allow no lower than a one-to-one ratio for that six month time period. This item is to be placed on the July 17 Council agenda. The Buidling Official was also directed to determine what should be done with the building that is partially demolished on that site. PLANS AND SPECIFICATIONS - SOUTH COON CREEK DRIVE WEST John Davidson of TKDA presented the plans and specifications for the sanitary sewer and municipal water for the western portion of South Coon Creek Drive. They are suggesting the date for bid opening at 10 a.m. on August 14. The plan is basically what was presented at the improvement hearing. The project will terminate at the end of the developed portion of South Coon Creek Drive. The project is set for alternate bids to extend sanitary sewer along Round Lake Boulevard to serve the north and south half of the 400-foot parcel petitioned by Diane Kirchner and the petition for water by Rosella Sonsteby. Discussion was that :the plans do not call for a stub to service the Thompson property on the west side of Round Lake Boulevard. Council suggested a T-stub be put in with the project and jack a line under the road,which would be assessed to the property it will eventually serve. Bev Christenson, South Coon Creek Drive - stated the power lines are on their side of the road, WhlCh will be closer once the road goes through. She complained the people on the south side are giving nothing to the project, but they must have the power lines and sewer line on their side of the road, plus the road will be moved closer to their home. Council discussion was the fire hydrant will be placed on the south side of the road; but the engineers were directed to ask the power company to bury the power lines, which would eliminate that issue. Regular City Council Meeting July 11, 1984 - Minutes Page 5 (Plans and Specifications - South Coon Creek Drive West, Continued) Ms. Christenson - then asked where the large power boxes would be placed. Council did not know but agreed to have that looked into. Ms. Christenson - asked if there will be a bike path on'the new road. Mr. Schrantz stated there will be no bike paths; but if it is stripped for ll-foot lanes, there is enough room for biking. But it is not wide enough to be an official bike lane. Round Lake Boulevard has a 24-foot traffic width with two 10-foot shoulders. South Coon Creek Drive will only be a 32-foot street face to face. The right of way on Round Lake Boulevard is approximately 140 feet, versus 66 feet for South Coon Creek Drive. Ms~,Christenson - stated if no bike riding is provided for and they are a thoroughfare, when will the City rezone the area commercial. Council foresaw no changes in the zoning, stating there are no plans for commercial in that area. Ms. Christenson - asked the setback from her garage to the curb. Mr. Schrantz stated lt wlll be 44 feet. There will be no change at her garage, but the curb will move over toward the corner of her lot. Ms. Christenson - stated she did not think the road is fair at all. Council was concerned that there be no duplicatiÐn of costs because different engineering firms are handling the utilities and the street improvement projects. Mr. Schrantz stated the plan is to initiate the State Aid street project at the end of the year to put the gravel on, with blacktop to be placed in the spring. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving Final Plans and Specifications and ordering advertisement for bids for Project 84-6, water and sanitary sewer for South Coon Creek Drive (west), and direct the Clerk to seek public bids as required by law with such bids to be opened at 10 o'clock a.m., August 14, 19S4, as prepared with the exception of August 4 be changed to August 14 for bid opening. (See Resolution R061-84) DISCUSSION: Mr. Schrantz stated if right of way is to be purchased, it will be done under the sanitary sewer project. He is still working out the figures and will be talking to the affected residents prior to the ordering of the project. Motion carried unanimously. Recess at g:UO; reconvene at 9:11 p.m. JOINT POWtRS AGREEMENT - COON CREEK WATERSHED DISTRICT Council discussed the proposed joint powers agreement with the Coon Creek Watershed District for the City to collect the assessment for the development of regional ponds to control surface water runoff from the developes at the time the final plat is issued. The fee schedule is in the agreement, but the Watershed Board has the ability to amend the figures unilaterally. It was also noted that metes and bounds subdivisions are also included in the agreement, even though it was stated those are not included at a previous meeting with the Watershed Board. The Council generally agreed to the position that the proposal places a disportionate amount of the costs on Andover developers, that the proposal adds a lot of additional costs for Andover developers for water runoff that was done for free by other developers in the past, that this proposal for regional ponding plus the proposals to clean and widen Ditch 57 mean a double assessment to many of the developers in Andover, that the percentages of fill on residential lots and commercial development used in the examples do not seem correct, that an automatic indexing tends to get out of hand in a few years, and that not assessing for clearing marshland for farming purposes is inequitable because that adds to the runoff just as development does. Regular City Council Meeting July 11, 1984 - Minutes Page 6 (Joint Powers Agreement - Coon Creek Watershed District, Continued) Several alternate proposals were suggested such as determining how much each city should contribute to the Watershed and let the City determine how to finance that, considering a special taxing district for that purpose. The proposal by Anoka County to raise the water level of Bunker Lake by diverting water from Coon Creek may eliminate the storage requirement for the Watershed, which would also affect the proposal. The other alternative is to use the City's existing storm sewer plan which has been approved by the Watershed Board. That plan calls for holding the water on site and does not contribute more water to the creek than what is gOlng there now. Larr¥ Carlson, develo)er - related his experience with the Coon Creek Watershed Board on hlS Rolling Oaks p at as to how the assessment started out at $Zg,UOO for storm water drainage for 55 acres, and which was subsequently reduced several times to $4,700, which is what they are asking he pay now. He stated he didn't think the people of the Watershed know what they are doing because they were using the future subdivision analysis as a way of coming up with the $29,000. His engineer met with the engineers for the Watershed and wâs told if they provide on-site ponding, that acreage would be reduced from thèir calculations of what effects the creek. He did that and the on-site ponding was computed to handle the 100-year flood. The last letter he received from the Watershed is that it doesn't make any difference, and he would still be assessed for the entire parcel. Mr. Carlson felt the examples in the Agreement are very bad, stating in Item C, it is inconceivable that a person buying five acres would put a 20,000 square-foot building on there, feeling the example is obviously self-serving. Typically a community will allow 40 to 50 percent for the building alone. He felt a better example would have been 75 percent. He also felt the question needs to be raised as to whether to assess all users or just the new ones. He asked where the outside consultants came from that formulated this assessment procedure. He did not feel this is fair to have just the new users pay for runoff. After further discussion it was generally agreed that given the fact that the major storm water pond in the Red Oaks area has already been acquired and has a large capacity remaining, and the fact that Andover already has an approved storm water drainage plan for drainage control without contributing to Coon Creek, plus the various other objections and concerns raised, that the Council not enter into the joint powers agreement with the Coon Creek Watershed Board. Attorney Hawkins was not aware of any statuatory requirement that the Watershed Board approval is needed to get a plat filed. MOTION by Lachinski, Seconded by Elling, to direct the City Clerk to prepare a Resolution outllning our objections to the position of the Coon Creek Watershed and expressing our unwillingness to enter into a joint powers agreement with the Coon Creek Watershed District to collect fees as they propose. (See Resolution R062-84) Motion carried unanimously. MOTION by Urttel, Seconded by Lachinski, that we authorize the Mayor and Clerk and City Attorney to negotiate as needed with the Coon Creek Watershed Board representatives to arrive at an equitable solution to the storm water drainage problem. Motion carrled unanimously. RESOLUTION - DITCH NO. 57 REPAIR Councilman Elling questioned the expenditure of a half million dollars for the widening and clean-up of the ditch because of a petition from one Andover resident. Councilman Orttel also noted the City has no information as to whether or not this should be done. It was agreed to table this item until more is known about it. MOl ION by Orttel, Seconded by Elling, that we table the matter of the ditch repair of Dltch 57 untll further information is available. Motion carried unanimously. Regular City Council Meeting July 11, 1984 - Minutes Page 7 FRANCHISE ORDINANCE - NORTHERN NATURAL GAS COMPANY Mr. Schrantz reviewed the changes to the original ordinace as noted in the revised, 7/11/84, copy. Council agreed to the following change of the ordinance recommended by the Engineer: Section III, the last sentence of the first paragraph shall read: "This application shall be in the form of a sketch and shall be received by the City Engineer for con- formance with City local typical section, and as~built plan shall follow within 30 days of completion of work." The second paragraph will then be eliminated. MOTION by Orttel, Seconded by Lachinski, that we direct the City Engineer to forward a copy of the revised Franchise Ordinance, No. 65, to the proper organizations for their review and comment. Motion carried unanimously. MSA STATUS REPORT Glenn Cook of Bonestroo, Rosene, Anderlik & Associates, reviewed the status of the MSA projects, noting Forest Lake Contracting was the low bidder. Given the bids for the improvement of 161st and a portion of Tulip to alleviate drainage problems, 157th, and the center of South Coon Creek Drive for a total project cost of $727,643, plus anticipating $125,000 for the improvement of the western portion of South Coon Creek Drive in 1984-85, it is anticipated that a $500,000 bond issue would allow for the financing of these projects. Mr. Schrantz and Mr. Cook then explained the proposal to do a portion of Tulip Street north and south of l61st to solve a storm drainage problem, noting the 490 feet to the south may create more problems down the line on Tulip. The plans are being reviewed by the State, and there is the possibility the State Aid will not fund that much of the road for storm drainge purposes. If they won't fund it, that project will definitely have to be taken out or cut back. General consensus of the Council was to wait until it is known what portion of that project wi 11 be funded by State Aid funds. A final decision will be made on this item when action is taken on the bids, which will be done following State Aid approval of the projects. The engineers were also asked to look at tapering the project on 161st and Tulip to the existing 24-toot wide blacktopped street. There was also a brief discussion with the Attorney on the logistics of vacating the existing easement and obtaining the corrected easements for South Coon Creek Drive. Mayor Windschitl was concerned that it be done such that there will not be title problems in:the future resulting from this action, and Attorney Hawkins stated he would look at the problem further. Attorney Hawkins also asked for authorization to begin the sale of bonds for the MSA projects. MOTION by Orttel, Seconded by Lachinski, that we authorize the City Attorney to initiate the process for obtaining bonding for our MSA projects. VOTE ON MOTION: YES-Elling, Lachinski, Orttel; PRESENT- Windschitl Motion carried. EASEMENT ENCROACHMENT AGREEMENT - F. BARNES Discussion was on the pipeline and utility easements across Lot 4, Block 5, in Barnes Rolling Oaks Second Addition, making the lot virtually unbuidable, what happened to cause the plat to be approved in this manner, and what can be done about it now. Because the City cannot vacate it fast enough to allow the owner to begin construction, Attorney Hawkins recommended authorization to allow encroachment on the easement and start a vacation on a portion of the easement. The Clerk advised that Mr. Barnes has already applied for a vacation. - Regular City Council Meeting July 11, 1984 - Minutes Page 8 (Easement Encnoachment Agreement - F. Barnes, Continued) MOl ION by Orttel, Seconded by Elling, that we authorize the property owner of Lot 4, Block 5, Barnes Rolling Oaks Addit~on to encroach on the City's utility easement to the extent necessary to construct his home, not to exceed the area of the southerly 30 feet times 150 feet of the utility easement, under the direction of the City Engineer of Building Official, while the vacation proceedings is in progress. (See Resolution RU63-84 ) Motion carried unanimously. PROCLAMATION - SODERVILLE ATHLETIC ASSOCIATION Mayor Windschitl read the Proclamation proclaiming Soderville Athletic Association Week, July 16 through July 22, 1984, celebrating its 20th anniversary of organizing summer baseball and softball programs. NON-INTOXICATING MALT LIQUOR ON-SALE LICENSE - LIONS CLUB MOTION by Orttel, Seconded by Elling, that the Council authorize the temporary Non- Intoxlcating Malt Liquor On-Sale License for the Lions Club for the period of August 11 thnough 31 and authorize them to make sales of food from their concession wagon in the same period at the City Hall site. VOTE ON MOTION: YES-Elling, Orttel, Windschitl; PRESENT-Lachinski Motion carried. ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT Linda Nordstrom reported on the activites planned for the Andover Fun Days, which will consist of a dance Saturday evening and other activities Sunday. She asked for authori- zation to play bingo and have pull tabs. A horseshow, ATC race, and tug-of-war are some of the activities planned. MOTION by Urttel, Seconded by Lachinski, that we grant a bingo license to the Andover Flrefighters Association for August 12 and waive the fee. Motion carried unanimously. MOTION by Lachinski, Seconded by Elling, that we authorize the fire fighters to sell pull tabs at the Andover Fun Days and waive the fee. VOTE ON MOTION: YES-Elling, Lachinski, Orttel; NO-Windschitl Moti on carried. Council discussed the activity of the ATC race. Though there was some question about the advisability of this activity, it was agreed that if it is covered under the City's insurance policy, it would be agreeable with the Council. Since motorized vehicles are not allowed in City parks, that provision may need to be waived. Dust control is also an item to be dealt with for this activity. It was also suggested the fact that the City is 10 years old this year be somehow incorporated into the activities, possibly with the sale of buttons. Ms. Nordstrom stated they are having a meeting on July 24 and anyone with ideas i',s welcome to present them at that meeting. She also stated a consideration has been to allow service-type organizations to keep their proceedings, but any non-community-type organization that would keep their profits would be charged a set fee for their booth. Council felt that was a reasonable proposal. Fire Chief Frank Stone stated he definitely would like to increase the manpower of the Department from 35 to 45 people beginning with the 1985 budget, noting the shortage experienced at the fire at the landfill last week. Council discussion noted a problem with it would be it significantly dilutes the retirement. They also asked the additional cost to the City, suggesting the possibility of increasing the membership on a more gradua 1 bas is. Chief Stone agreed topresent the item to the Relief Association for their recommendations first. Regular City Council Meeting July 11, 1984 - Minutes Page g (AVFD Report, Continued) Chief Stone stated the new Chief's vehicle is in, but it will be about two weeks before it is in service because the lights, sirens, etc., need to be put on it yet. There has been a suggestion that rather than selling the old vehicle, that it be converted to a grass rig for the second fire station. It would require lifting off the top and putting a power tank on the back for around $2500 for a slip-on. That would be budgeted in the 1985 budget. Council was generally agreeable to the suggestion. HAZARDOUS WASTE Mayor Windschitl stated the generators would like to meet with the Council and members of the Residents' Committee to go over the agreement for the testing being done at the landfill site. MOTION by Orttel, Seconded by Lachinski, that we hold a meeting with the representatives of the generators of hazardous waste in the WOE site in connection with the Hazardous Waste Citizens' Committee on July 26 at 7:30. Motion carried unanimously. Mayor Windschitl stated the engineers doing the work on the site are having trouble with security, noting people are coming on site in spite of the fence and people are still dumping on site. Council suggestions W8rethe possibility of noting the problem in a newsletter, of placing a snowfence up instead of the barbed wire fence, or of putting flags on the wire. It was also recommended the staff make another attempt to secure the entrance used at 139th and Nightengale. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Lachinski, for approval of Checks 8055 through 8129 for a total of $85,011.70. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 11:32 p.m. ~ j Marce a A. Peach Recordin -Secretary