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HomeMy WebLinkAboutCC July 16, 1985 CITY of ANDOVER MEMORANDUM TO: MAYOR AND COUNCIL COPIES TO: FROM: DATE: REFERENCE: A(;FNnA cnMMFNTS - ,JilL Y J6 MEETING Item No. 3 - Agenda Approval Please delete Item No. 5b (Final Payment, IP84-6). Please add Item No. 5e (UPA Special Use Permit Requirements). Item No.4 - Public Hearing/IP85-13 (Stack Addn. Drainage) B. R. A. , I n c . is working on an up-date of the report presented to you earlier in May. Because of the high costs involved for resolution of the problem; additional alternates wi 11 be presented, i.e., move P . Mann's septic system to front yard if well/septic separation requirements can be met, etc. The material wi 11 be available for your review prior to the Hearing. Item No. 5a - Lot Split/To Me lIen Enclosed i s an application from Thomas and Jeannette Mellen requesting approval to subdivide their property into two individual parcels. The original parcel contains 5.05acres, therefore the two new parcels would each contain more than the required 2.5 acres. An exception would, however, be required on the widtb of each new parcel because they are less than 300 I. (Note: If the property would be divided with 300' of width on the corner parcel, the remaining parcel would need an exception on both the acreage and frontage; and would possibly require a driveway move on the most southerly parcel.) A resolution will be prepared for the split of equal sized parcels; and requiring a $200.00 park dedication fee. Item No. 5b - Deleted Item No. 5c - Feasibility Report/85-2/164th Lane A revised Feasibility Report is enclosed. Cost estimates were prepared earlier this year by the City Engineer, a copy of which you have received. A resoluti on wi II be prepared accepting the Report and ordering a Public Hearing for August 6, 1985. Agenda Informatio" July 16, 1985 Regular Meeting Page 2 Item No. 5d - Wicklund Drainage As of this date, the City Engineer has not received any àdditional information; therefore, does not yet have a report available. Item No. 5e - Speci al Use Permit/Requirements-United Power Co. Enclosed is a copy of a letter from United Power Company to the Anoka County Highway Department relative to the screening requirement set out by the City in the issuance of the Special Use Permit for the substation facility. It is recommended the Council drive by the location to determine whether this provision should remain a requirement. If it is felt the trees need not be replaced, an amendment i s in order to delete this from the SUP requirements. Item No. 6a - Shoreland Zoning Ordinance This item is tabled from the July 2 Meeting. You have received all background i nformat ion. A motion is needed for approval. Item No. 7 - City Engineer/Andover-Anoka Storm Drainage To-date no additional information has been received. We are currently working on the estimated assessment costs. Item No.8 - Approval of Minutes May 29, June 3, 4, 18, 25, and July 2, 1985. Enclosures CITY of ANDOVER REGULAR CITY COUNCIL MEETING JULY l6, 1985 AGENDA 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. PUBLIC HEARING - IP85-13/Stack Addition 5. Discussion Items a. Lot Split/To Mellen b. Final Payment/84-6 South Coon Creek Dr./Channel Construction c. Feasibility Report/85-2 l64th Lane d. Wicklund/Drainage e . UPA Special Use Permit Requirements 6. Non-Discussion Items a. Shore land Zoning Ordinance 7. Reports of Commissions, Committees, Staff a. City Engineer - Andover/Anoka Storm Water 8. Approval of Minutes 9. Approval of Claims 10. Adjournment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JULY 16, 1985 MINUTES A Regular E!t-Mcinthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on July 16,1985'.'7:30 p.m., at the Andover City Hall, 168S Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Lachinski, Orttel Councilman absent: Knight Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others RES !DENT FORUM Scott (1), representing Dennis Erickson, Barnes Rolling Oaks 1st Addition, Lot 6 - Asked for a variance from the City code that the garage elevation be 1~ feet above the street level. They would like to have the finished floor level 2 feet below street level because 1) to meet the code, 11 feet of fill would be needed, 2) it would encroach on many trees and natural habitat growing on the lot, and 3) it would be creating a water hazard as they are on the low part of the area along the swale. They would propose to leave the natural habitat, existing dirt, and water drainage in its natural state. They are also under a time problem, as Mr. Erickson needs to be out of his existing house by July 26; and that is why they have come directly to the Council with this request. Council asked the Attorney to determine whether the ordinance provides for the request to be heard. It was agreed to add this item to the Agenda. Bob Sayers, General Manager, Minnesota Tire Recycling, Inc. - stated they want to bUlld up thelr lnventory of processed tlre ChlpS to sustain them during periods of varying production ;levels. They have expanded their chip storage area to hold an additional week's supply, about SOD tons. In order to build that inventory, they need additional time of operation, as they are limited to two shifts of operating time. He asked for a variance on their license to operate on three shifts for a period of 30 days to build up this chip pile. Most of the exted"a¡r. noi se is generated by the endloader in loading the trucks; and that will only be durin'g the daytime. The rest of the noise level is contained within the production building; and it is not objectionable to any of the residents in the area, as he has spoken with quite a few of them. Council agreed to add this item to the Agenda. AGENOA APPROVAL The following changes to the Agenda were suggested: Delete Items 5b, Final Payment/ 84-6 South Coon Creek Drive/Channel; and Sd, Wicklund/Drainage; Add Items Sf, Solid Waste Requirement/ City Attorney Review; Sg, Rum River Management Agreement; 5h, Kadlec Addition/Final Payment; 5i, Public Utilities Van; Sj, Erickson Request; 5k, Minnesota Tire Recycling/Extension of Hours; and 6b, Bond Sale/1985 Improvement Projects. MOTION by Lachinski, Seconded by Elling, to approve the Agenda as amended. Motion carrled unanimously. LOT SPLIT/T. MELLEN Planning Commission Chairman Don Jacobson reviewed the Commission's recommendation to approve the lot split request at 14424 Prairie Road with variances for the frontage of both lots. Councilman Lachinski questioned the adequacy of the park dedication fee -- Regular City Council Meeting July 16, 1985 - Minutes Page 2 'Lot Split/To Mellen, Continued) 'as required by the ordinance, noting 10 percent of the land value is used in a platting situation. He suggested the Planning Commission make a recommendation as to whether the park dedication being accepted on lot splits is adequate. Mayor Windschitl suggested that item be discussed with the Park Board at the special meeting on July 18. MOTION by Orttel, Seconded by Elling, introducing a Resolution approving a Lot Split on PIN 25 32 24 31 0001 as requested by Thomas Mellen, as presented. (See Resolution R075-85) Motion carried unanimously. FEASIBILITY REPORT/85-2 ~ 164TH LANE Gle~ Coo~ of BRA reviewed the feasibility report for the construction of 164th Lane from Round Lake Boulevard east to the present deadend. There would be some ditching required at Round Lake Boulevard and the placement of a culvert with spillways off the edge of that location. They are recommending the assessment of 12 units on this project, as the two parcels adjacent to Round Lake Boulevard also have driveways off 164th Lane. Council questioned whether this would become a through street as the property to the east develops; and if so, is a 24-foot width adequate. The Engineers didn't think it would ever be a through street, but would look into it further. MOTION by Orttel, Seconded by Lachinski, a Resolution receiving feasibility report and calling public hearing on improvements of bituminous street construction, Project No. 85-2 in the 164th Lane Area, Public Hearing being set for 7:30 p.m. on the 6th Day of August, 1985, as prepared. (See Resolution R076-85) Motion carried unanimously. PUBLIC HEARING - IP85-13/STACK ADDITION Mayor Windschitl called the Public Hearing to order at 7:50 p.m., and explained the 429 procedure the City is required to follow for improvement projects to be assessed to the benefitted properties. This hearing is to address the issue dealing with a health and safety concern for potentially flooding of septic systems and wells, and the Council is interested in hearing from the residents on this drainage problem. Glen Cook of BRA then gave a formal presentation of the overall drainage area, which also includes property east of Argon of approximately 180 acres, including approximately 30 acres of ponding. He explained the dike on Pond III broke this spring, and explained the five options available to resolve the'problem in that area as noted in a handout from Mr. Schrantz to the Mayor and City Council dated July 12, 1985. The costs noted for the assessments do not include anything for the acquisition of drainage easements; it assumes the donation of all easements needed using the natural drainage ways presently there. Mr. Schrantz stated they have also talked about doing a less formal project with the City doing the improvement. He found that normally the owner of a dam would be responsible for what happens to it. He thought in any case the levee should be improved if the Daly's will allow it, making it a foot or so higher than what it is now. Neither the DNR nor the Soil Conservation Service objected to raising the height of the levee, but neither one of them have the funds to do it either. Mr. Schrantz also felt the septic system of Pat Mann should be moved. He felt the City could do some ditching along Argon and place a pipe across the road to Irwin Russell's. Then, if Mr. Russell would be willing to do some ditching to get the ditch to the bank, the City could lay ~~8- or 12-inch pipe down the bank, buried about 4 feet deep. It is assumed the water would then take care of itself and the City would not be responsible for any flooding of that area. If some of these things could be done by Regular City Council Meeting July 16, 1985 - Minutes Page 3 (Public Hearing - IP85-13/Stack Addition, Continued) volunteer help, and the funds remaining in the street improvement project fund for that area used for those expenses the City would incur for material_ and restoration costs, then the project could be completed without an assessment against the property owners. The Hearing was then open to public testimony. Irwin Russell, 16850 Argon Street - thought a shorter route for Mr. Schrantz's proposal would be stralght across from the middle of Argon. Mr. Schrantz stated the reason the proposal is to take the ditch up to his property is because the property is clearer, not as many trees to go around or to take out. Also, the property owner in the middle is not as involved in this project as Mr. Russell is. The reason they want an 8-inch pipe is that it is compatible with that used in the sewer projects, and the City would be able to maintain it with the existing equipment. Mayor Windschitl stated if this option proves to be a viable one, the Engineers can look at the several different alignment alternatives. Ed Babcock, Attorney, 1t8 East Main Street, Anoka - stated he represented the following people: Gerald and Nancy Gutzwlller, 16626 Yakima Street; Allen and Judy JoslYn, 16653 Yakima Street; Orville and Susan Heaston, 16632 Zuni; Robert and Andrea Dledz, 1653I Zuni; Ronald and Gerine Kabat, 16609 Yakima; William and Barbara Gow, 16515 Argon; Richard and Shirley Waddle, 16717 Argon; Irwin and Linda Russell, 16850 Argon; Michael and Claudia Gabriel, 16549 Argon; Craig and Christine Larson, 16512 Zuni; Dean and Sharon Lips, 16631 Zuni; Donald and Kathrin Anderson, 16610 Zuni; Kathrin M. Nutter, 16550 Yakima; Duane and Kathleen Ness, 16530 Yakima; Mike and Susan Gieske, 16604 Yakima; James and Bonnie Sturgeon, 16609 Yakima; Eugene Wolf, 16530 Zuni; Gary and Arlene Pertler, 16609 Zuni; James and Beatrice LaRock, 16558 Zuni; Mr. and Mrs. Ernest Pfannschmidt, residing in Anoka but owners of the east half of the northwest quarter of Section 12 and the northeast quarter of Section 12, R32, T23; and Mr. and Mrs. Frank Daly, 16860 Roanoke Street NW. Mr. Babcock - stated all of these clients asked him to make known their objection to the orderlng of the improvement for varying reasons. Those living southerly of 166th Lane believe that the storm water drainage for their area does not move into Pond II. They think the storm water drainage district is improperly created because of the contours and the way the drainage moves, feeling the district was created to serve the interests of a few at the expense of many. Mr. and Mrs. Pfannschmidt use their land basically as a wildlife preserve and use~ it as a hunting preserve. The drainage of the storm water will not benefit him for that use. Mr. and Mrs. Daly farm the land that is adjacent to the pond. Perhaps if the ponds were comp:rect:ely drained so they could farm that land, there might be some interest in taking part in the project; but he didn't think that was being proposed. As a result, they can see no benefit to their use of the property. In general, the remaining clients feel there will be no benefit at all to them because they have no storm water drainage problems at the present time, nor have they ever had any. He thought it would be very difficult to show there will be any increase in market value to the properties as a result of this project. With respect to the rebuilding of the dike, he has not had any instructions from Mr. and Mrs. Daly in that matter; but they will consider it. Mr. Babcock also presented the Council with pictures taken in 1966 looking from the Russell property eastward to Pond II. Mr. Daly's position is that has always been a pond that has had a good deal of water in it, and is not a situation that has been created recently nor because of the construction of homes in that area. It is a natural drainage way as it has always been. Regular City Council Meeting July 16, 1985 - Minutes Page 4 (Public Hearing - IP85-13/Stack Addition, Continued) Ed Wilson, 16831 ArTon, by Pond I - asked if the objective is to drain the ponds or to lower the water evel. The reason he purchased his lot was because of the view he had of that swamp, which is really beautiful in the fall. Mr. Cook stated they could do either. The pipe would be set so it would fluctuate. When it rains a lot, there would be water; then it would drain down to approximately 973 or 974. Pond II would still have water in it. The pond today sets at about 877. The culvert would not be changed under Argon at this time. It would be back to the elevation of several years ago. Right now it is extremely high. Mr. Wilson - stated in 1974-75 when he built his house, Pond I was higher than it has been this year. When the road was blacktopped, a portion of that swamp was filled in, thereby lowering that capacity. And since then the water has always been higher. He has never had a problem. He thought perhaps the dike should be rebuilt. He estimated right now the level is about 6 inches below his basement. In 1974 the water came up above his basement and cracked the basement floor. He also has a geothermal heat extractor that uses 6 gallons/minute. It runs about a third of the time in the winter on a 24-hour basis, and up to three or four hours straight. He felt it raises Pond I about 1/2 inch. In the summer it provides just enough water to run the lawn sprinkler. Ernie Pfannschmidtk owner of the property north of Russell's and Daly's - noted the locatlon of the dl e on the map lS incorrect, as it is on Daly's property, not his. Also, Mr. Babcock is representing two other people, Thomas and Loral Blashel, his daughter and son-in-law who are part-owners of his property. He stated whoever built Argon Street without culverts, built quite a dike, blocking the natural flowage in that area; and he felt it is unreasonable to have those living there now pay for that mistake. He hunts on his property and does not want the natural habitat destroyed. He didn't see where raising the height of the dike would make any difference to his property; but it also doesn't appreciate it one bit. He just wanted to preserve what he has now. Mike Gieske, 16604 Yakima - has lived there for 13 years, has never had any water problems, and hlS ditches are always dry. He and Mr. Sturgeon did some elevations and determined that the water does not run into the pond as shown. Somewhere along the fence line on Pond II is a two-foot ridge, and the water would need to be quite high to get over that ridge. To his knowledge only one, two, or three residents have been affected by sewer problems with water over their drainfields. He felt those residents should have known about those ponds when they purchased the property and should not have been allowed to put their drainfields where a pond or water could begin. Only a few people are affected, and he didn't think it was fair that everyone should pay for it. Jim Sturgeon, 16609 Yakima - asked how and where the drainage areas were determined. Mr. Cook stated lt was taken from the two-foot contour elevations of the land. Mr. Sturgeon - did slome transit shooting last night. Previously on Yakima by Ness's property, lt used to flow southward. That is no longer the case. He explained how the water presently flows within the area, pointing out that a lot of the area is running water. He thought that one of the lots on Zuni was declared unbuildable and not assessed for the street project, as it was to be the drainage area for the water. He felt there is actually less flowage from their area now than there was 15 years ago, suggesting the contours and flowage for that area be updated. Second ly, he didn't feel he would be receiving any benefit from this project. He does not, nor ever has had a water problem. He thought by putting on such an assessment it would have an adverse effect, as it could decrease valuation because of an assumed water problem. Regular City Council Meeting July 16, 1985 - Minutes Page 5 (Public Hearing - IP85-13/Stack Addition, Continued) Mr. Cook explained how the drainage district was determined, noting the highest ridge surrounding the district from which the water would flow. But there isn't a lot of flow from the entire area. Thomas Blashel, 9936 Butternut Street, Coon Ra ids, ectlon - state t e map out lnlng t e ralnage map sent out with the notice of the hearing. Mr. Cook explained the map before them represents the drainage area involved in the project, including those properties on the west side of Argon. The map sent with the notice indicates a squared-off estimate of the properties receiving notice and is not the actual area that would be assessed. Mr. Blashel - stated if indeed this is a problem of health and ground water contamination, he felt the area would have to be extended because others will have problems with the groundwater contamination also. He also asked what environmental problems will there be by lowering the ponds. Discussion noted the ONR has looked at the problem, and a suggestion as a part of the solution was to establish the dike as it was or somewhat higher. If the dike doesn't fail, most of the time there isn't a Pond II. There has always been a Pond I and Pond III; however, the intent is not to lower Pond III. Also, it is not intended to drain the ponds but to lower them. The health hazard is the septic system covered with water, which means raw sewage could be getting into that pond and possibly in the vicinity of some wells. Mr. Pfannschmidt - stated under the present circumstances, the drainage area outlined on the map could never be totally flooded because much of the area in the north part of the district is very high. There are areas that could never be flooded. Mr. Cook explained the edge of the district is peaks on the topography from which the water flows down, a drainage divide. The southern area is very flat. Frank Dal~, 16860 Roanoke - stated the dike in question was there before he was born. It was orlginally a beaver dam. There was also another beaver dam farther south that has almost completely eroded away. Relative to raising the height of the dike, he hasn't received an answer as to the maintenance or liability in the event something would happen. He would need to know that before providing an answer. He would be in favor of maintaining the level or increasing it if Mr. Pfannschmidt would agree to it. It's the question of liability and the salability of his property in the future. Attorney Hawkins stated since the City hasn't been involved in any drainage in that area, the City would not be liable for the dike in any way. He felt what Mr. Daly is talking about could be addressed if the City decided to go with the option of the cooperative project. The City would probably want to get an easement to the dike with some conditions regarding what the City could and could not do relative to maintenance, and probably include as a part of a storm water easement a provision to maintain it and hold Mr. Daly harmless from any damages or claims that may occur as a result of the problems that may arise in the future. He did not know who was liable for the problem at this particular time, not knowing all the details of the situation at present. Bill Gow, 16515 Argon - stated his land and that right behind him all drain into his back yard, rather than as the contours on the map say. He has a standing puddle in the back yard for a few weeks in the spring, so he didn't see why he should be assessed for this project. Secondly, by standing at the end of his driveway and looking across the street, he looks directly at the:~oófof the house across the street. He felt those people would flood before he ever would, so why aren't they being assessed in this project as well? Regular City Council Meeting July 16, 1985 - Minutes Page 6 (Public Hearing - IP85-13/Stack Addition, Continued) The Engineers briefly reviewed the flow through that area, noting the water would go in that direction if it were high enough. It was also noted if the project is ordered, they will physically shoot the elevations; as the City cannot assess anyone that does not drain into the district. Barb Gow, 16515 Argon - stated when they first built their house in 1971, the ditch along Argon was supposed to have been dug out so the water could drain to the lowland. That ditch was never put in; so the water that drains from their property toward the river sits in their ditch. Had that ditch been dug, then they could have said they contribute^tothe water problem. The Engineers noted the drainage areas indicate that the water from within that boundary runs, but those areas are not necessarily flooded. Mrs. Gow - someone had said their neighborhood only contributes 10 percent of the water drainage. If that is so, why is it propÞSed that their neighborhood pay for the entire thing? Mr. Schrantz stated they did not say it contributes only 10 percent. At this time they haven't determined how much water is coming from that neighborhood. Mr.Pfannschmidt - stated the existing problem goes back to the engineering done wnen Argon was put in. That street is an effective dam. Before the area was developed, it naturally flowed to the river. Mr. Schrantz stated unfortunately that was engineered when it was a part of Ramsey. Mrs. Gow - when they built 14 years ago, they were a part of Ramsey. When they became. a part of Andover, Andover accepted the nei ghborhood as it was. She felt this problem should be absorbed by the people who allowed the development and by the developer instead of the residents. The Council didn't think any platting had been done in that area since it has been the City of Andover. Also, the City's policy has been that each neighborhood pay for its own improvements, whether they are utilities, streets, or storm drainage, rather than having such projects come out of the General Fund. The Attorney didn't think the City had the right to go back at this point to seek damages from the developer, as that development was between the developers and Ramsey. Mr. Daly - felt it was a City problem rather than a local problem, since it is a unlque situation were Andover assumed this problem from Ramsey. And the City should assume some of the expenses to correct the situation. Mr. Babcock - stated this is not a case where his clients are trying to dodge their responslbllities. The pople he is representing haven't had any storm water drainage problems, and he urged the Council to seriously consider when ordering this project to having the engineers re-examine the boundary lines of the storm water drainage and distribution. His observation is they are not correct. He suggested the project should not be ordered. Mr. Gow - stated the house on Lot 12 was built within the last two years, and they have water on two sides of their home. And about 50 to 100 dump trucks full of fill were brought into that lot. So he didn't think the Andover Building Inspector was doing a better job than the one in Ramsey who allowed the other homes to be constructed. Mr. Schrantz stated the Inspector's file indicates the highest water table was 1~ feet. He suspected the basement was flooding from surface water, possibly being picked up on a clay layer, rather than being caused by the groundwater. Regular City Council Meeting July 16, 1985 - Minutes Page 7 (Public Hearing - IP85-13/Stack Addition, Continued) Tom Krinke, 5131 166th Lane - asked what kind of help they could get from the City ln a cooperative project -- surveying, building the dike, putting in the pipe? Mayor Windschitl stated there may be a willingness on the part of the Council to putting in the culvert across the street. The matter with the dike is one that would have to satisfy the City Attorney and Mr. Daly legally; then the Council can look at what can or cannot be done with the dike. But the City cannot work on private property without easements, and it would have to know how willing the residents affected are as far as donated easements is concerned. The cooperative project would be the least expensive if all the pieces can be made to work. Mr. Krinke - asked if the costs incurred for the pipe, etc., would still be assessed to the people or would the City pick up any of that. Mr. Schrantz stated there should be some funds in the road improvement project that can be used for this project. Mayor Windschitl felt the City may be willing to help in:the road right of way. But there is still the potential for an assessment until it is known what the exact costs are and how much the residents are willing to contribute. The intent is to minimize the cost impact for both the City and the residents. Mr.' Schrantz stated the City should have easements for the drainage and should be responsible for maintaining them. All costs have been based on the assumption that all easements will be donated. He stated the area is protected wetland and the DNR seems willing to approve the permits needed for this project. In discussing the project further, Councilman Orttel asked why the dike would be of concern if the proposal is to drop the elevation of P6nd II to 876 with an 8- to 12- inch pipe. The intent is just to take care of the overflow. It would be a natural flow if the dike were not there. It would flow down to Pond II and be drained away via the culvert, etc. In looking at doing something on an informal basis, a large share of the cost is to repair the dike. He didn't think the dike is needed if the pipe is put in place. And the City would be taking on a liability by repairing the dike that he didn't feel was necessary. Pat Mann, 16757 Argon - was frustrated, stating from what he heard tonight, they should not beln that area. He couldn't understand why they were allowed to build the house and the cesspool, which one month ago was one foot under water, when two years before that the water was two feet higher than it is now. Discussion noted that it appears what is happening is the overground waters, not the underground waters, are causing the problem. The underground water is checked for prior to the issuance of a septic permit. Mike Gieske, 16604 Yakima - asked how they are going to show benefit to the people on Argon, Zunl, and Yaklma - how is it going to raise his proeprty values? He's been there for 13 years and never had any water problems. Only three or four homes are affected and will receive benefit. Mayor Windschitl stated the largest concern is the flooding of the sewer systems and the potential of contaminating wells or the area around it. There is this potential; the Council has to address it and find a reasonable solution to prevent it. The Mayor asked how many in the audience would be willing to help in the project. Residents basically indicated they would be willing to provide physical help for the project, but not any monetary help. Council recessed at 9:32; reconvened at 9:45 p.m. Mr. Pfannschmidt - stated he is willing to contribute his time and effort but no money, because there is no way it could appreciate his property. Regular City Council Meeting July 16, 1985 - Minutes Page 8 (Public Hearing - IP85-13/Stack Addition, Continued) Mr. Babcock - has not had an opportunity to talk to all of his clients, but he felt it was a fair statementthathis clients would be amenable to doing some work as a community project. He's not able to make any statement relative to a financial contribution at this time. Council discussed what should take place next, including taking the necessary steps to relocate Mr. Mann's septic system, to determine whether or not all the easements necessary will be' donated, then have a joint in-house and volunteer labor effort to resolve the problem. It was noted the work that needs to be done at the end of the cuI de sac in that area should be completed, with those costs coming out of that project fund. Any remaining funds could be used for this project. The intent would be not to assess the improvement, but that cannot be guaranteed. The Engineers were asked to get the exact cost figures for the community project, going under the road, running along the westerly edge of the road, and the cost of the pipe to go down the hill. Also, the remaining funds from the street improvement project should be determined. At this point the Council didn't feel it would be necessary to do anything with the dike, thinking once the water is lowered, there will be a constant flow of water. It was agreed to continue the hearing to August 6. Mr. Sturgeon - stated he would like to see the City purchase a pump for such purposes. Council noted the City is in the process of getting one, but there is also a mutual aid agreement between cities to use such equipment when needed. Mr. Schrantz also stated they plan to pump again the rest of this week. MOTION by Orttel, Seconded by Lachinski, to continue the public hearing until August 6, 8:00 p.m. Motion carried unanimously. 10:10 p.m. UPA SPECIAL USE PERMIT REQUIREMENTS MOTION by Orttel, Seconded by Elling, to direct the City Clerk to notify the County that screening required as a part of a Special Use Permit process was removed during the Hanson Boulevard project and has not been replaced; and that we would like to see it replaced. Motion carried unanimously. KADLEC ADDITION/FINAL PAYMENT MOTION by Lachinski, Seconded by Orttel, that we accept the work done in the Kadlec Addltion and authorize final payment for the project. (See Resolution R077-85) Motion carried unanimously. SOLID WASTE REQUIREMENTS/CITY ATTORNEY REVIEW MOTION by Orttel, Seconded by Elling, that we direct the City Attorney to check the legal notice in the official city newspaper and locate a legal notice regarding the request for licensing for a solid waste disposal facility near the Ando~er border in the Bunker Prairie Park area in Anoka County, and to comment to us on it. Motion carried unanimously. MINNESOTA TIRE RECYCLING/EXTENSION OF HOURS Council generally did not have a problem with the request if there is not going to be a nojse problem with the additional shift. MOTION by Elling, Seconded by Orttel, that we allow Minnesota Tire Recyling, Inc., to extend their hours to a third shift for 30 days for added supply of process material, contingent upon no complaints from the neighbors as far as noise pollution problems. (See Amendment to Revision of Resolution R85-83) Motion carried unanimously. Regular City Council Meeting July 16, 1985 - Minutes Page g RUM RIVER MANAGEMENT AGREEMENT Mr. Schrantz asked the Council to accept the final draft of the Rum River Management Organization Agreement. There are some minor changes from the one previously approved by the Council, as it was re-phrased by the Anoka City Attorney. Attorney Hawkins stated he has reviewed the new draft and found the changes made were not significant and does not change.'the formula for sharing costs. Mr. Schrantz also noted the issue of fiscal disparities is not addressed in the Agreement, nor was it addressed in the previously approved Agreement. Attorney Hawkins stated from Andover's standpoint, the fiscal disparities is part of the City's assessed valuation and has to be considered. MOTION by Orttel, Seconded by Lachinski, that we approve the amended Rum River Management Organization Agreement as presented and reviewed by our Attorney, and authorize the Mayor and Clerk to sign it as of today. Motion carried unanimously. PUBLIC UTILITY VAN Mr. Schrantz stated Bob Ryan Fleet bid on the utility van but is not able to produce the van it quoted. They said they could get one but the price would be higher. Attorney Hawkins advised that they quotedithe price of the van, the City accepted; and if the City has to go elsewhere for the van and pay more, Bob Ryan Fleet has an obligation to pay the difference because the City had a contract with them. Mr. Schrantz stated it was about 30 days from the time of the quote that the City accepted the quote. They are able to get a similar van from Brookdale Ford, but it it would cost about $80 more. Discussion noted it would be a half-ton rather than the three-quarter to!"J'originally ordered and it only has one seat. Council was concerned with the size difference, asking why the City would settle for a smaller truck at this time. The question is whether it is worth the hassle to get Bob Ryan Fleet to honor their quote. MOTION by Lachinski to accept from Brookdale Ford provided they provide it for the same price as Bob Ryan Fleet did. Motion dies for lack of a Second. MOTION by Orttel that the Council authorize the purchase of a Ford Van from Brookdale Ford, delivery effective 7-17-85, in the amount of $9,814.21, and to have the Public Works Department converse with the Attorney to proceed against Bob Ryan Fleet for any loss due to their failure to perform on their off~r. Motion dies for lack of a Second. MOTION by Elling, Seconded by Lachinski, that we have Jim (Schrantz) and Frank (Stone) get a hold of Bob Ryan Ford to tell them the Council's feelings are, and that we would like to have an answer by Thursday night as to how they are going to do it. Motion carried unanimously. This.'is to be on the Agenda at Thursday evening's Special Meeting. ERICKSON REQUEST Dave Almgren, Building Inspector, stated he has resolved the problem with the property owner. He stated they are varying from Ordinance 17 on the 18-inches above the street with the garage floor at the minimum setback from the property line. The garage floor will be about level with the street grade, and there will be swales in between to get the water away from the building. There is approximately a 9-foot drop from the street grade to the back of the house, so a considerable amount of dirt will be hauled' in. BOND SALE/1985 IMPROVEMENTS Attorney Hawkins opened the bids received for the $2,350,000.00 Bond sale: 1) f~om Piper, JaffrßY, and Hopwood.iInc., etc., for a purchase price of $2,305,500.40, net lnterest rate of 8.6038 percent, total interest $1,760,399.60. Regular City Council Meeting July 16, 1985 - Minutes Page 10 (Bond Sale/1985 Improvements, Continued) 2) from First Bank of St. Paul, etc., for a purchase price of $2,307,700.00, net interest of 8,4947 percent, total interest of $1,738,030. The low bidder appears to be the First Bank of St. Paul. MOTION by Lachinski, Seconded by Elling, introducing a Resolution awarding the sale of $2,350,000 General Obligation Improvement Bonds, 1985, fixing their form, specifications, directing execution and delivery, and providing for their payment; acknowledge the low bid of First Bank of St. Paul for the amount of $2,307,700, net interest rate of 8.4947 percent. (See Resolution R078-85) Motion carried unanimously. CITY ENGINEER - ANDOVER/ANOKA STORM WATER Mr. Schrantz stated the Rum River Watershed will need to look at establishing the boundaries to include the Woodland Terrace plat. Technically that plat is still in the Coon Creek Watershed district. He also noted the report from TKDA dated July 15, 1985, on the SW Area Storm Sewer Assessments for Chapman's Addition and Woodland Terrace. It was agreed to review this item and discuss it at the special meeting on Thursday, July 18. There was a brief discussion on the grading of the park in Woodland Terrace, and it was generally the Council's understanding that the park for Woodland Terrace and Chapman's was to be a combined park. They were not under the impression that there would be a birm between the two parks as has been placed there by the developer. The Engineer was asked to research this further, the Council noting they did not feel the birm was appropriate. In discussing the storm drainage problem in the southwest corner of the City, Mr. Schrantz stated Ms. Sonsteby's pond is higher than the Chutich pond. The County is looking for an engineering firm to do a study of the situation. No action was taken on this matter at this time. ANDOVER VOLUNTEER FIRE DEPARTMENT Fire Chief Bob Palmer stated they received a check from Bunlington Northern for $395.50 and asked that it be used to purchase gear. MOTION by Orttel, Seconded by Elling, that funds received from Burlington Northern Ral Jroad for fire calls be returned to the Fire Department for their use as they see fit. Motion carried unanimously. Firefighter Jerry Koltes asked for licenses for Fun Days to serve beer and have pull tabs. MOTION by Lachinski, Seconded by Orttel, that we address the item of pull tabs and beer and bingo at the next regularly scheduled meeting for Fun Days. Motion carried unanimously. Chief Palmer asked if there is any additional liability on the part of the City if the Lions had a car that people could beat up during the Fun Days. Councilman Orttel stated if they are on City property, there is coverage. If the individual's insurance doesn't cover, the City would be excess and would apply. Chief Palmer also noted that Blaine has expressed an interest in forming a mut~al aid agreement with the Andover Fire Department. He will bring back further details at a future date. Regular City Council Meeting July 16, 1985 - Minutes Page 11 COMMUNITY DEVELOPMENT COMMITTEE MOTION by Orttel, Seconded by Elling, that we authorize the Economic Development Commlttee to spend up to $200 to have somebody come out and give information on the tax increment financing possibilities for the City. Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, that the Council approve secretarial serVlces for recording minutes of the Community Development Committee meetings. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Elling, that we authorize payment of Claim Numbers 9746 through 9839 in the amount of $613,251.83 with the exception of Check No. 9833 in the amount of $23,980. Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, that we approve Final Payment for Kelsey Park in the amount of $23,980 (Check 9S33). VOTE ON MOTION: YES-Elling, Lachinski, Orttel; PRESENT-Windschitl MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 11:18 p.m. Respectfully submitted, .~~~ Marcel A. Peach Recordin Secretary - ----