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HomeMy WebLinkAboutCC May 15, 1984 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MAY 15, 1984 AGENDA 1- Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Coon Creek Watershed District CIP/Cost Allocations b. Wrf¥itr/etrj /i M /f! I /CfJIf/r:jrf (Delete) c. Vacation of Easement - R.. sonsteby d. Junkyards - Licenses/Fencing e. FPS - MSA Projects f. Reset Public Hearing/South Coon Creek Drive Improvements g. 5. Non-Discussion Items a. North Central Franchise b. Cable Television - Franchise Ordinance Amendment c. Revised Grading Plan - Ivywood Estates d. Temporary Mobile Home Permit/D. Horst 6. Reports of Commissions, Committees, Staff a. Fire Department/Luvern Fire Equipment Charges b. Administration/Pt-Time Help, LMC Conferences c. 7. Approval of Claims 8. Approval of Minutes e. Adjournment ~ 01 ANDOVER M E M 0 RAN 0 U M TO: M"YOR AND COTTtTCIL COPIES TO: ;::~"~~:;'~:":DM'N"T'~ FROM: DA TE: MI>.V 10, 1 qR4 REFERENCE: AGENDA COMMENTS - MAY 1'i r 1984 REGULAR MEETING Item No. 3 - Agenda Approval Please delete Item No. 4b (M.R. Olson-Variance) and add Item No. 5d (Temporary Mobile Home Permit-Horst) Item No. 4a - Coon Creek watershed District/CIP-Cost Allocations You have been mailed information from me under the date of April 17, covering the proposed Joint Powers Agreement for the collection of Developer Fees. Such fees and other costs associated with the Capital Improvement Program for the Watershed District were enclosed with the memo and Agreement. Representatives from the Watershed District will be at the meeting to answer your questions on the fees, policies and assessments. Item No. 4c - Vacation of Easement/R. Sonsteby In reviewing the maps of previous vacations, it was found that a portion of this easement requested to be vacated lies on the Francis property. Mrs. Francis has objected to this vacation at previous meetings. Mrs. Sonsteby is requesting this vacation on the basis that the original deed of the property for easement purposes indicates the easement will be vacated if it is not used, of which she contends that it has not because there are large trees on it. Enclosed is the legal description prepared by James Nielson and reviewed by our attorney. If it is the Council's wish to approve the vacation, please direct me to prepare a resolution to this effect, using the enclosed description; if denial is the Council's wish, a resolution must also be prepared, however, the reasons for such denial must be given. Item No. 4d - Junkyards/Licensing The licenses for Anoka Auto Wrecking, Wilber's, and Schriptek were approved conditioned on an escrow deposit to cover the fencing required should it not be done by May 1. Anoka Auto Wrecking has installed the berm and fence all the way around their property, however, when Hanson Boulevard was constructed, the roadway was raised making it such that in order to keep the cars not visible from the roadway, a 14-16 foot fence would have to be installed, which of course, would not be feasible; further, their property is almost a quarter mile from Hanson Boulevard, so there would be a question on whether they would be Agenda Comments May 15, 1984 Meeting Page 2 Item No. 4d - Junkyard Fencing Requirements (continued) under such provisions of the ordinance. Inasmuch as Hanson Boulevard was constructed following that of the junkyard operation, the grandfather provision may come into play (Attorney Hawkins will give us an opinion on this). It would be my recommendation, if I am interpreting,the ordinances correctly, that the fence be accepted and the escrow deposit refunded. Wilber's have their fence installed pursuant to ordinance requirements; it should be accepted and the escrow deposit refunded. Schriptek, Inc. has not installed their fence and would like to discuss this with the Council. Mr. Slayback and Mr. Chapman will be at the meeting. Item No. 4e - Final Plans & Specifications/MSA Projects B.R.A. , Inc. will present the FPS for 1)161st Avenue and 2)South Coon Creek Drive (Central portion). Resolutions have been prepared for acceptance of the plans as presented. Item No. 4f - Reset Public Hearing/South Coon Creek Drive Improvements In order to allow time for the Staff and Council to review the question of the feasibility of extending municipal water to service this area, the Public Heairng should be extended to the June 5th Meeting. Item No. 5a - North Central Franchise Ordinance This item was carried over from the May 1 Meeting. A motion should be made to accept the ordinance as amended by the City. Item No. 5b - Cable Television/Franchise Ordinance Amendment Enclosed is a letter from the Commission Attorney outlining the proposed amendments. These amendments are as a result of the settlement with Group W. A motion is needed to adopt these amendments to Ordinance 59. Item No. 5c - Revised Gradinq Plan/Ivywood Estates Enclosed is a memo from the City Engineer requesting the Council to approve the revised grading plan which incorporates some changes to the drainage provisions. Item No. 5d - Temporary Mobile Home Permit/D. Horst Enclosed is a letter from the Horst's requesting permission to park a trailer on their property on Constance Boulevard (Plat 65914 Parcel 5000). A motion should be made to approve the request contingent upon the Horst's securing their building permit for their structure and connecting to a well and septic system. Item No. 6a - Fire Department Enclosed is a letter from LuVern Fire Equipment covering the charges for labor on the repair order; and a response to the allegations made by them. Agenda Comments May 15, 1984 Meeting Page 3 Item No. 6b - Part-Time Help, LMC Conference Pursuant to Council directive, I have requested help from M.E.E.D. and Community Services for the accounting department and have received no response. The request was simply for clerical help, with ability and desire to do some figure work. In view of this, I would again like to request that Tim Koltes be hired to work with Shirley for 8-16 hours per week. Jim Schrantz and Frank Stone would still like to use his services for the sewer work needed this summer. Registration has to be sent in by June 1 for the LMC; therefore, I will have to know the number of Councilmembers who will be attending. Item No. 7 - Approval of Minutes February 21, March 6, 22, 28, April 7, 1 7, May 1 Enclosures ~ 01 ANDOVER' REGULAR CITY COUNCIL MEETING - MAY 15, 1984 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on May 15, 1984, 7:38 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilman absent: None A 1 so present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others AGENDA APPROVAL The following changes were suggested: Delete Item 4b, Variance - M. R. Olson; Add Item 6c, Community School, and 6d, Police Department. Mayor Windschitl asked for a motion to approve the Agenda as amended. MOTION by Elling, Seconded by Knight, to so move. Motion carried unanimously. COON CREEK WATERSHED DISTRICT CIP/COST ALLOCATIONS The following representatives of the Coon Creek Watershed Board were present: Chairman Mel Schulte, Willie Peterson, Al Sannerud, Ken Slyzuk, Loren Hendges, and Engineer Harold Israelson. Mr. Schulte explained Ditch 54 in Coon Rapids going north turns into Ditch 57 in Andover, and it is all known as Coon Creek. It has different ditch numbers because it was dug in different years. They had a study done, which found they should be looking at regional ponding rather than small ponds within individual developments. A committee was established to set ground rules as to how to assess for those regional ponds. They are cleaning Ditch 58 right now, and at last night's meeting they began the process for cleaning Ditch 57, though it will not be done this year. Their study also found that all the ditches should be cleaned back to the original states. As development occurred, they would have monies put into a ponding fund, developing a regional pond as demand warrants. The project for Ditch 57 will be done similiar to Ditch 54. Mr. Schulte stated if the City would care to appoint a committee of citizens to determine which trees should be left, etc., it would be helpful to the Board. The assessment for the cleaning of Ditch 57 will be based on a redetermination of benefit, which will also pick up all those parcels that now drain into the Ditch that were originally not assessed for it. Mr. Sannerud stated the normal benefit for those in Coon Rapids was $95 per parcel, but the actual cost will be $65 to $70 per parcel. The formula is different for the different uses of land. Rosella Sonsteby - asked if the Watershed will allow people to drain into their ditch. She also asked if they are allowed to drain water from their watershed area to outside the district. Mr. Schulte stated they would have to petition, but they have a hydro- logical boundary, and they are not allowed to drain outside their watershed district. Mayor Windschitl explained the City's concern over the assessment policy for the regional ponds. He noted there are two developments that may be coming in very soon around Bunker Lake and Crosstown Boulevards. His understanding of the policy is that those parcels could be assessed for the benetit today for the property and can be assessed another assessment. Mr. Israelson explained the first is tor the repair of Ditch 57 which will be assessed against the property based on the determination of benefit for each parce 1 . As the land is developed, there is greater usage of the ditch because of more runotf due to more hard-surfaced areas, etc. That is where the ponding fee comes into being, which has been established based on plats coming through the past six years prior to 1983. They standardized a table for each type of development in which large lots are assessed at a much lower rate than a more dense development situation. Regular city Council Meeting May 15, 19S4 - Minutes Page 2 (Coon Creek Watershed District CIP/Cost Allocations, Continued) Mayor Windschitl felt the problem is had everyone in the watershed district been required to do this, it would not be questioned. But the vast bulk of Coon Rapids, Blaine, etc., developed without this fee. And the feeling is that Andover and Ham Lake are having to pay a disportionate amount of the ponding requirements. It appears to be a penalty to those developing now and in the future. The trouble is not with the ponding concept, but how it should be paid tor. Mr. Schulte explained it was generally felt that the small ponds that were created through the district became unsightly and difficult to maintain after several years, and the thought was the regional ponding would be a better method of ponding. Those developments that put in individual ponds had to pay for that and lots were lost as a result. Now they will pay a fee for the regional pond. There has already been half a dozen developments in Coon Rapids who have paid that tee. Mr. Peterson stated the costs of the individual ponds required of developers before is close to what the regional ponding fee now being required is. Councilman Lachinski asked in the case of the Good Value property, if the regional pond is not on their property now, will they be able to drain right into the creek. Mr. Schulte stated yes, but they wil I have to pay the regional ponding fee. Councilman Orttel asked if the ponding fee is determined on total acreage or just the lot area. Mr. Israelson stated they do reduce the size of the total area if there is parkland, state property or county park. If lowland is designated as an outlot, the fee would be based on the plat; and the lowland would pay whenever it develops. Councilman Orttel felt the reason the fee and ponding concept is being enacted is to reduce increased runoff due to new construction. His problem with the figures seem to indicate that the small lot would pay about $95; whereas someone on a 10-acre lot with the same amount of runorr is paying 3\ times more for the same amount of development. He didn't feel that large an increase could be justified. Mr. Israelson related why they feel that formula is justified, given increased driveway length, larger yard, etc. Mr. Schulte also stated when property is platted, the regional ponding fee would apply; but it probably wouldn't if property were just divided by a lot split. Mayor Windschitl felt it would be more tolerable if the costs for the regional ponds would be divided equally among the cities rather than the vast bulk being assessed to Andover and Ham Lake, who have the most undeveloped land at this time. He stated Andover doesn't have a problem paying its fair share of the podning costs, but it is troublesome ending up paying for Coon Rapids' or Blaine's portion. He felt there is an inequity in the assessment, especially on those who are the last to develop. Mr. Schulte felt that is not necessarily true, but that developer would have had the expense of an individual pond. But possibly their finance committee, of which Andover's Clerk was a member, should discuss this further. But he didn't know if it could be made more equitable. Mr. Israelson stated they did look at different ways of handling it, and the final formula was the simpliest way. The effect of putting it on the general tax levy isn't necessarily equitable to the existing people, that is building a pond to serve future developments. The idea was the cost of the ponds should be on the shoulders of the developers who are causing that requirement for additional ponding. Councilman Orttel stated in reading the regulations, it appears that metes ,and bounds subdivision would be required to pay the ponding fee. Watershed Board members indicated that would be correct on commercial property and was not meant to apply to residential property. Councilman Orttel didn't think the regulations read that way. He was also curious as to how the figures were arrived at, disagreeing with the notion that a 10-acre lot should pay 50 percent more than a 2\- or 5-acre lot. Many times the larger lots have a lot of lowland that cannot be developed, but that would still apply toward the ponding fee. He didn't feel it was equitable, as the more rural the area, the more they will pay. Regular City Council Meeting May 15, 1984 - Minutes Page 3 (Coon Creek Watershed District CIP/Cost Allocations, Continued) Mayor Windschitl again stated the City has no problem with the regional ponding concept but asked to have the figures looked at again as to how it affects Andover, feeling Andover is ending up with a disportionate amount of the regional ponding costs being paid for by future Andover residents. He again suggested assessing the taxing district concept of spreading the costs among the four cities involved. Mr. Schulte felt their attorney would have some problems with assessing the entire watershed district for the regional ponding costs, because each individual ditch system works on its own dollar assessed valuation. He again suggested the City sit down with their committee to see if there is a better way of assessing that would be agreeable to all. But a great deal of work and thought was given to the formula; and it was arrived at by the committee, of which several Andover staff were members. Councilman Orttel asked if someone had been farming 160 acres for years and paid for the original ditch, when the property develops, will they pay the same per-acre fee as the others. Watershed Board members stated they would, but generally those who paid for the original creek are low and are not developable. Councilman Orttel asked if there has been some serious thought as to where those regional ponds would be located. Mr. Israelson stated three locations are being seriously con- sidered, but none are currently being considered in Andover. Council noted at such time as an area in Andover is defined, the Council should be made aware of it as soon as possible to be able to protect the area for that use. Mr. Israelson also commented the Watershed had hoped to work with the communities when developing the regional ponds to make them a multi-use facility. Councilman Orttel asked if the per-acre cost would be indexed each year. Mr. Israelson stated it was intended that it would be reviewed each year based on the cost of ponding. Mayor Windschitl noted on the Good Value property off Bunker Lake Boulevard there are a number of natural low areas. If they used existing low areas for part of their drainage, is that area backed out of the per-acre calculation for regional ponding. Mr. Israelson statednQ; the Watershed does not give credit f'or on-site ponding. Mr. Schulte related cases where the regional ponding fee was less costly for the developer than developing on-site ponding. Mayor Windschitl argued that most of the property in Andover has natural ponds on them. And if they cannot get credit for what will be draining on site, then the program is even more unfair to Andover. Mr. Israelson stated if all the water is being held on site, there would be no fee, but it will be the City's concern to maintain it. But if the ponds overflow, which most of them do, then the fee would become effective. In that case no credit would be given for the pond because all too often the overflow occurs at the time everything is coming through on the main channel. After some more discussion on this policy there seemed to be a difference of opinion as to just how that policy would work. The Mayor asked that at the next engineer's meeting, a clearer understanding of that policy be prepared because it is a common occurrence in Andover. VACATION OF EASEMENT - R. SONSTEBY Attorney Hawkins reported he still has had no response from the Hagen attorney relative to reasons for the objections raised to the vacation ot the easement. He telt if the Council thinks it is in the best public interest to vacate the easement, it has a right to do so. Ihe Clerk raised the issue of part of the easement being on the Francis property. Rosella Sonsteby - stated she deeded that to Bonnie Francis by Winner's Survey and it 1S not on the easement. The Hoyem survey came up with a different survey. Ms. Sonsteby argued Ms. Francis was deeded by the Winner's survey and does not have part of that easement. Attorney Hawkins stated that is irrelevant. Ms. Francis abutts the easement; and the Council can vacate the easement if it chooses to do so. Regular City Council Meeting May 15, 1984 - Minutes Page 4 (Vacation of Easement - R. Sonsteby, Continued) Ms. Sonsteby - read the conditions of the easement, that the easement shall cease when no longer used for road purposes. She stated the easement has not been used for over 43 years; and therefore according to the deed, it reverts back. MOTION by Lachinski, Seconded by Orttel, that the following described property be vacated for road easement purposes but be kept for utility easement purposes: the west 164 feet of the east 129 feet of the north 33 feet of the south 33 acres taken by parellel lines from the south side of the southeast quarter of the southwest quarter, Section 29, Township 32, Range 24, Anoka County, Minnesota. (See Resolution R035-84) Motion carried unanimously. JUNKYARDS - LICENSES/FENCING Ms. Lindquist noted Anoka Auto Wrecking has the entire fence up on the north and east sides. The total of the bèrm and fence is 8 feet. The ordinance requires that the fence be 8 feet above the level of the road. But in order to be 8 feet above the level of Hanson Boulevard, which was constructed after the existence of the junkyard, a 14- to 16-foot fence would be required. Attorney Hawkins noted Hanson Boulevard is a quarter of a mile from the junkyard, and reasonable interpretation of the ordinance is needed. Mayor Windschitl felt that an effort has been made and that it would be unreasonable to require 14- to l6-foot high fences. MOTION by Knight, Seconded by Urttel, that we find the fencing and berming acceptable and we refund the escrow amount to Anoka Auto Wrecking. Motion carried unanimously. MOTION by Knight, Seconded by Orttel, that we find the fencing and berming acceptable and we refund the escrow amount to Wilber's. Motion carried unanimously. Gerald Chapman, Schriptek - requested an extension on the installation of the fence on the1r slte. He asked for a 60- to gO-day extension pending some decisions their company will make as to what their intentions are on the Heidelberger site. They do not own the property, and any improvements made to the site are at their expense on someone elses property. They do not want to make these investments if they will not be there for any period of time. The fence would be just across the front of the property and over half of it would be the office structure. There was a lengthy discussion with Mr. Chapman about the State law recently passed by the legislature on the transfer tax on tires and the help Schriptek may be getting from the State in making this operation a success. In the meantime, they are not operating at a profit; and they need to decide whether to continue for the year or so until those funds are available or whether to leave the site. Mr. Chapman noted that Mr. Slayback has invested a lot of his own money to keep the business operating. Mayor windschitl also noted that it has been learned that Schriptek's agreement with Mr. Heidelberger is not only to pay him the fee for what is there, but also a fee for incoming tire~. So the profit which should have been the basis to support the outgoing tires is going to Mr. Heidelberger. Discussion was on how the State law works, how it will potentially help the Schriptek operation. Mr. Chapman stated it is their intent to re- negotiate a contract with Mr. Heidelberger but nothing has been done yet pending the receipt of more information from the state. ~urther Council discussion noted the City has a check which was deposited to cover the cost of the installation of the fence. General consensus at this time was to allow the extension of the construction of the fence. MOTION by Knight, Seconded by Lachinski, that we move extension to July 17 meeting with escrow posted in cash. Motion carried unanimously. The Clerk was directed to deposit the check already submitted. If it cannot be cashed, Schriptek would need to provide the necessary cash escrow. Regular City Council Meeting May 15, 1984 - Minutes Page 5 (Junkyards, Continued) Attorney Hawkins reported they were in court yesterday on the Emery junkyard. for violating the court's order restricting him to the east half of lot 3. The end resu It as he understands it is Mr. Emery was given gO days in jail, which was stayed on the condition that he remove all of the junk from all of the area he is currently operating on and immediately cease his operation. He can store junk on the area he originally had his junkyard on for a period of 30 days, and then it is all supposed to be ceased. FINAL PLANS AND SPcCI~ICATIUNS - MSA PRUJECTS Harlan Olson from Bonestroo, Rosene and Anderlik, reviewed the plans for the middle portion of South Coon Creek Urive. Mr. Schrantz stated they will have the legals to the Attorney this week. Attorney Hawkins recommended abandoning the right of way on a particular lot with the exception of the line within the new road description. That vacates everything outside Of that new alignment without having to describe each piece. Mr. Kruzmark - stated she had no problem with the proposed alignment, but a neighbor has been waiting for Mr. Schrantz to come out and talk with them about the alignment since the stakes were put in. Apparently he felt more is belng taken from his property than what he was lead to believe in the beginning. Mr. Schrantz stated he would be talking with them. MOTION by Knight, Seconded by Orttel, a Resolution as prepared approving Final Plans and Specifications and ordering advertisement for bids for Project No. 84-2, South Coon Creek Drive from the bridge to Uplander. (See Resolution R036-84) VOTE ON MOT! ON: YES-Elling, Knight, Lachinski, Orttel; PRESENT-Windschitl Motion carried. Mr. Schrantz and Mr. Olson also reviewed the plans for 161st from Tulip to Round Lake Bou levard. Mr. Schrantz reported the County will be moving County Road 20 on the east side of Round Lake Boulevard to the south, so they will not have to offset l6lst as originally planned to match County Road 20. They are also proposing to go far enough on either side of Tulip Street to take care of the drainage problem. Mr. Ulson explained the State may want a different project number for that because Tulip is an MSA street. MOl ION by Lachinski, Seconded by Orttel, approve Final Plans and Specifications and ordering advertising for bids for Project No. 84-1, l61st Avenue from Round Lake Boulevard to Tulip Street for street construction. (See Resolution R037-84) Motion carried unanimously. Mayor Windschitl asked why the plans for 157th were not presented. Mr. Schrantz explained they were waiting to see whether or not the west end of South Coon Creek Drive would be ordered this year and whether there would be enough money to do all the projects. He also noted it is time consuming to get the signatures for road easements in all these projects. lhey have also considered bidding 157th and the west end of South Coon Creek Drive, later this year, so the gravel could be put on in the fall and blacktop the following spring. Council felt the plans and specifications for 157th should be done and bids advertised for so the bid costs would be known. They would not necessarily have to award the project this year. RESET PUBLIC HEARING/SOUTH COON CREEK DRIVE IMPROVEMENTS MOTION by Orttel, Seconded by Knight, that we set the public hearing for the west end of South Coon Creek Drive for June 5 at 7:30 p.m. Motion carried unanimously. On the complaint raised by the Christensons about the issuance of a building permit for a garage closer to the road than allowed, Attorney Hawkins advised that the building did not encroach any more on the right of way because it was an attached garage to a house hili 1t in lQfi1. Regular City Council Meeting May 15, 1984 - Minutes Page 6 COMMUNITY SCHOOLS - CRIME WATCH Councilman Knight reported he talked with Jim Stewart from the District Community Schools, whose preference was to start the Crime Watch program next January when it is known whether or not the Andover Community School coordinator who is on leave of absense will return in December. Mr. Stewart had said the budget is set for January. Mayor Windschitl stated he also talked with Mr. Stewart. The budget is set aside, but it all stems back to whether or not Mr. Struekel will come back. After having a long conversation with Mr. Stewart, though his preference would be to start the Crime Watch program in January, he would go along with starting July 1. Since the City has already allocated funds for 1984, he recommended the program begin July 1, recognizing that as of December there is a possibility of a different coordinator. Melanie DeLuca - stated she too talked w1th Mr. Stewart, feeling he realizes there will be a problem lf Mr. Struekel comes back. But he has some flexibility in that he decides who is put in what position. Mr. Stewart also gave her the impression that he would know more after the end of May. The general consensus of the Council was to begin the program July 1 as originally planned. Ms. DeLuca stated her vacation period is two to three weeks in August, and hopefully she will be doing preliminary planning and start with neighborhood meetings as soon as possible in the fall. Ms. DeLuca also stated the Andover Newsletter will be going out next week, explaining the problem she has had with the change of policy for sending mail rural route. They are now getting all Andover residents on a computer mailing list. POLICE DEPARTMENT - DISCUSSION Councilman Knight asked the Council's opinion on which direction the Crime Prevention Committee should take in looking into a City police force. Dayton and Greenfield have their own pOlice department, but they are run totally on a part-time basis using Minneapolis police officers, and it is considerably cheaper than having their own full- time departments. He asked whether or not the Council wanted that option researched. Council discussion was on the advantages of such a department, how it would work, and the drawbacks. Mayor Windschitl stated the Sheriff's Department has quoted $47,000 to add one man to serve Andover 40 hours a week. Councllman Orttel suggested funding be considered first. He has read that Andover had one of the highest tax increases in the metropolitan area last year, and he thought the additional $50,000 a year the City wi 11 be receiving in State Aides could be used to keep from raising taxes in the coming years. He didn't feel there was a real need for the City to have its own police depart- ment at this time, not seelng any evidence of lack of protection. He also felt that $300,000 was a more realistic figure of the cost of a city police department. Mayor Windschitl stated the City is going to need additional police protection, noting the inadequate number of deputies per population in the City compared to the norm in other cities. But he felt the entire situation should be studied further, noting the Sheriff's Department is also working on several proposals for increased police protection in the City. Jack McElvy - explained Dayton is run by one full-time retired Minneapolis police officer, and the rest of the officers and the Chief are part-time. He thought Greenfield's department just works on the weekends. Dayton works with a 12-hour shift and an 8-hour shift on Saturdays and Sundays. The wages he quoted were based on Dayton's wages. He felt the advantages of having its own department is the department is much more responsive to the people and to the Council and are much more conscious of the problems. He stated the cars he could get from the Minneapolis department were, in his opinion, good cars, though some of the men do not like them because they are a smaller car. He also noted the problem there was with the lower wage scale in Dayton, stating the reason Regular City Council Meeting May 15, 19S4 - Minutes Page 7 (Police Department - Discussion, Continued) he set the wages like he did was to get competent men from the area who would then stay with the City and would be able to handle the situations that would arise in the City. He also noted that one of the main jobs in Dayton was to make a round of the businesses at closing to make sure everything was okay, which he didn't believe is being done in Andover now. Council noted that it will not be possible to make any definite decisions before the June 10 deadline to acquire the cars from Minneapolis. Some of the Councilmen felt it would be more beneficial to have a full-time City department with part-time supplemental help rather than a purely part-time help situation, but the Committee should be free to take whatever direction they think is appropriate for police protection in the City. ANUOVtR VULUNTEER FIRE UEPARTMENT REPORT Flre Chief Frank Stone reviewed the letter from Lavern Fire Equipment and their defense and charges relative to the billing for the repair of the Fire Department tanker. Chief Stone explained that he has been negotiating with Lavern, and the person he was originally dealing with has been fired from the company. He reviewed the status of the charges to date, noting they are still negotiating several points. The $253 charge should have been $61.40. The $108 charge for service charge for taking the pump to Darley has been deleted. There is a debate over the time for the driver of the truck -- they are claiming 3~ hours and our driver is saying it was only l~ hours. Andover asked for the buzzer on the truck for $9.77. The charge was for g~ hours to install it, and that is still being negotiated. The bid item is being deducted because it was supposed to have been taken care of originally. They are also still debating the 6-inch safety walk, as the Department is not satisfied with the jOb that was done. -¡here will be no charge for the metal of the safety shield placed over èhe exhausè system, but they are still de- bating the amount of time it took for installation. It was the Chief's position that that shield should have been placed over the exhaust system originally and that the Department should not have to pay for that at all. Chief Stone also stated the truck was at Boyer Ford today to check the frame because when the truck was built some notches were cut into the frame which was thought to cause weakness to the frame. The mechanics at Ford stated it did not weaken the frame, and a letter will be sent to this effect. One other thing is that Lavern still has not been able to reach 300 gam and 150 psi on the pump to meet the certification of the specs. Lavern is charging the engine of the truck will not raise the rpm of the truck. And Ford said again today they will not raise the rpm of the engine because it is certified for a certain rpm. The truck simply is not doing the job. The Chief also stated the item of the Actron Fire Monitor has been deleted. The total bill was $2,400, and so far through negotiations it has been reduced to $1,400. Also, Darley is sending a full report on the work done on the pump. Firefighter Bob Dillon reported the problem with the pump not being able to reach the pumping specifications, on the confusion of the pump tests run by Lavern, the problem of the size of hose and fittings versus what was asked for in the specs and which are also affecting the water pressure, and the length Of time it takes to fill the tank, though in this instance the specs were not very clear. Council suggested the Uepartment get the spec sheet on the pump itself or an operators manual to find out if Darley rates the pump to do what the Department wants it to do. Chief ~tone felt he may be able to have a pump test done from an independent source. rirefighter Roger Noyes stated he talked to Darley in Chicago today and was told the pump will dO what it is speced for. Mayor Windschitl stated the problem may be a mismatch of the gearcase. Chief Stone stated he will be talking with Lavern tomrrow relative to a reduction on the hours in the statement. He also noted that Lavern has asked that the Department show the truck at the University of Minnesota fire school on Friday. Regular City Council Meeting May 15, 1984 - Minutes Page 8 (AVFD Report, Continued) Firefighter Tim Howe presented the proposal for a substation on l57th and County Road 7. The proposal is for a four-bay unit, one-unit deep located on one acre of ¡and, 45 feet deep by 90 feet wide with a turn~out gear room, meetlng room, two bathr'ooms, raúiant-type heat with some type of vehicle exhaust system. They ar'e also discussing some type of water storage at tne station, thinking the cistern would be the best method. Mayor Windschitl noted Larry Carlson is willing to give fee title to a parcel in that area. Mr. Howe also stated they are looking at alternative financing methods, checking on grant monies and bonding. Discussion noted there is five years left on the bonds for the existing firestation. Mr. Howe stated they would like a Council representative on their committee to research the substation proposal further. Councilman Lachinski volunteered to serve on the committee. Discussion was on the proposal to install a hydrant on the Ed Fields property so the Fire Department would be able to pump water from his well. Council and Attorney Hawkins felt that some agreement should be signed by Mr. Fields relative to the City's ability to use the hydrant, who will be responsible for keeping that area clear and plowed, etc. There was also some discussion on whether this hydrant is necessary given its location to existing water supplies. Chief Stone stated he will talk with Mr. Fields about such an agreement prior to Council action on the matter. TEMPORARY MOBILE HOME PERMIT/D. HORST MOTION by Orttel, Seconded by Knight, that we approve a Mobile Home Permit for David Horst on Constance Boulevard, 161st Avenue, subject to it being hooked to proper sewage and water facilities. Motion carried unanimously. REVISED GRADING PLAN - IVYWOOD ESTATES MOTION by Lachinski, Seconded by Knight, that we approve the revised grading plans for Ivywood Estates as per the Engineer's recommendations. DISCUSSION: Mr. Schrantz reviewed the plans and changes made. Council's concern was that the revised plans allow drainage to the properties south of the plat, stating the developer must first get permission to drain the water there since it is outside of the plat. It was agreed that the revised grading plan should not be acted upon until that permission is received. Councilmen Knight and Lachinski WITHDREW the Second and the Motion. LMC CONFERENCE The Clerk asked that anyone wishing to attend the LMC Conference in Duluth should let her know by May 30. JOINT MEETING WITH PLANNING AND ZONING COMMISSION Because of the length of the P & Z Agenda for May 22, it was agreed a special meeting should be scheduled to review the revisions to Ordinance 8. Mayor Windschitl asked for a motion to have a joint meeting with the P & Z on June 21, 7:30 p.m. MOTION by Knight, Seconded by Orttel, to so move. Motion carried unanimously. SOUTH COON CREEK DRIVE/ROAD ALIGNMENT ON WEST END Mr. Schrantz reviewed his understanding and proposal of the road alignment on the west end of South Coon Creek Drive. On the Christenson property, it will not be necessary to acquire right of way but the road would come within 5 to 7 feet from the property line. That moves away from the gray house, but it would cut the corner of the Christenson Regular City Council Meeting May 15, 1984 - Minutes Page g (South Coon Creek Drive/Road Alignment on West End, Continued) lot, so that would get possibly as close as 5 feet to the property line on one corner. On the other end, about the third lot back it comes to about one foot on one end and seven feet on the other end, with the road curving somewhat to provide a 30-foot set- back to the house on the south that is closest to the existing roadway. Mayor Windschitl was concerned that cutting into the yard of the second lot from Round Lake Boulevard on the north side could have an adverse affect on the yard. Council discussion was also on whethe~or not it is a valid argument to move the road to a normal setback for those properties that are now less than the required setback from the road, or in effect increasing someone's property at the expense of the lot across the street. Two such houses are involved in this project. Mr. Schrantz argued that now the City has the opportunity to provide a minimum setback for all properties within the project area. Councilman Lachinski felt that the two parcels would really be benefitting if the road were moved to compensate for the lack of setback and that those individuals should be willing to pay for the additional cost and loss of land to the parcels across the street. After further discussion, the Engineer was directed to assume the City has a 60-foot right of way from the north easement line (the remaining six feet would be placed on the south side of the road), and center the road within that 60-foot easement. If it is agreeable to the person on the west end, the road could be moved closer to the north line within that right of way. Or move it further north if the person who is benefitting the most would be willing to compensate for the additional easement needed to move the road further from his house. So basically the center line of the road would be 30 feet south of the north right-of-way line. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Orttel, to pay Claims Checks 7881 through 7917 for a total of $27,158.08. Motion carried unanimously. MOTION by Elling, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 12:20 a.m.