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HomeMy WebLinkAboutCC June 18, 1985 ~ 01 ANDOVER M E M 0 RAN 0 U M TO: MAYOR AND COUNCIL COPIES TO: ATTORNEY. '~ /' FROM: A. ADMINIST DA TE: JUNE 17, 1985 REFERENCE: AGENDA COMMENTS - JUNE 18. 1985 REGULAR MEETING Item NO. 3 - Agenda Approval Please add "Special Use Permit - M. Benson II . Item No. Presentationcffthe $50.00 check to Kim Dalbec will be made by the Mayor. Enclosed is a copy of the logo selected by the Council as winner of the contest. Item No. 4a - Bruce Hay/Water Service Discussion Bruce Hay, owner of the Mobile Home Park property, has requested time on the agenda to talk to the Council about water service to his property. He has not furnished the City any petitions or other information to-date. Item No. 4b - Water Problem/Dehn's Addition, 159th Avenue, Stack Addn. The City Engineer is presently making a final review of the areas, and will have a report for you. Item No. 4c - MHFA Application This item is tabled from the June 4 Meeting. Good Value Homes, Inc. are requesting the City to apply to the MHFA for the lower interest home mortgages to qualified buyers. You have received a copy of an application. Good Value Homes, Inc. have agreed to pay the required committment fee. This application must be in the hands of MHFA by June 20, therefore, a decision must be made at this meeting. Item No. 4d - Adoption of Zoning Map This item is continued from the June 4 Meeting. You have received a copy of the proposed map. With the adoption of the map, you must also adopt an amendment to Ordinance No. 8 (8AA) indicating the formaL adoption of the map. Agenda Comments June 18, 1985 Regular Meeting Page 2 Item No. 4e - Water Tower Style/Selection John Davidson of TKDA will be at the meeting to present various options for the style of the proposed water tower. This selection must be made in order to allow the engLleering firm to prepare the plans and specifications for bids. Item No. 4f - Resolution/County Study of Crooked Lake Blvd/Bridges, etc. Enclosed is a memorandum from the City Engineer covering this item. Item No. 4g - Bond Sale Resolution Enclosed is the recommendation from the City Attorney. A resolution is required to set a sale date. Item No. Sa - Award Contract/138th Avenue Park Fencing Three proposals have been received for the installation of chain-link fencing around the 138th Avenue Park Area as follows: Arrow Fence - $4,055.00; Wilber Fencing - $4,215.00; and Crowley Fence Co. - $4,594.00 A resolution will be needed awarding the Contract to Arrow Fence Co. * (continued - page 3/Agenda Comments) Item No. 5b - Temporary Mobile Home Permit/Stang Hydronics Enclosed is a letter from Stang Hydronics, Inc., requesting permission to park a construction trailer on the property until their building is completed. A motion is needed to approve a temporary permit until such time as the building is completed, but in no case, longer than months; and to become effective following receipt of the building permit for the permanent structure. Item No. 5c - Accept Parkland/Nordeen Addition Anoka County is requesting acceptance by the City of the Parkland just east of prairie road between Prairie Road and the Nordeen Addition. It appears to contain approximately 1.5 acres; it is quite low and has served as a drainage/wildlife area. Enclosed is the resolution of acceptance. Item No. 6a - Fire Department/Staff Compensation Attorney Hawkins will have a verbal and written opinion for the Council on this matter. Item No. 6b - Park & Recreation Commission The Park Board Survey has not been completed, therefore, this item will have to be tabled to the July 2 Meeting. The Park Board would,- like to schedule a joint meeting with the Council on June 27 to go over this report and also discuss park development. ¡' Agenda Comments June 18, 1985 Regular Meeting Page 3 Item No. 6c - Engineer/Drainage Problems These are the items tabled from the Special Meeting on June 5. The engineer will review these with you. Item No. 7 - Approval of Minutes May 29, June 3, June 4 * Item No. 5a (continued) Two proposals have been received for the blacktopping of the walkway: Northern Asphalt - $$1,530.00; and H&S Blacktop - $2,120.00. A separate motion is needed to award this Contract to Northern Asphalt Enclosures eø; 01 ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 18, 1985 AGENDA 1 . Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items Presentation - Logo Contest Winner a. Bruce Hay - Water Service Discussion b. Water Problem - Dehn's Addition, 159th Avenue, Stack Addition c. MHFA Application - Mortgages d. Adoption of Zoning Map e. Water Tower Style/Selection f. Resolution/County Study Bridges, Overpasses. g. Bond Sale/Resolution h. Andover/Anoka Storm Water Agreement 5. Non-Discussion Items a. Award Contract/138th Avenue Park Fencing /Blacktop b. Temporary Mobile Home Permit/Stang Hydronics c. Accept Parkland/Nordeen Addition 6. Reports of Commissions, Committees, Staff a. Fire Department/Staff Compensation b. Park & Recreation Department/Phone Survey Results c. Engineer/Road-Drainage Problems 7. Approval of Minutes 8. Approval of Claims g. Adjournment REMINDER! SPECIAL MEETING WITH FIRE DEPARTMENT - 7:00 P,M, ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 18, 1985 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on June 18, 1985, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others (NOTE: The Special Meeting set for 7:00 p.m. with the Fire Department was cancelled.) RES !DENTS FORU~1 Jim Ritter, 3104 164th Lane - presented a petition by residents of 164th Lane to have thelr road paved. He asked for an estimate of the cost. Mayor Windschitl explained the procedure for road improvement projects, noting the petition will be validated at the next regular meeting. Rosella Sonsteby - stated she has talked to people in the Commerce Department regardlng the problem of the legal descriptions in Auditor's Subdivision 82 being done from the wrong stake. She was told of a case in Winona, Minnesota, where the boundary line was off on an entire section, and was told a city can easily correct that situation as was done there by alternating the books to show the boundary stake had been moved, thereby correcting the boundaries. But all property remained as it was. Everyone concerned that was on the abstract knew about it. She called the Winona courthouse, and they will try to find it for her. She was told a real estate attorney would know how to proceed on that. She asked if the City of Andover would cooperate in such a matter to get the legal descriptions correct in Auditor's Sub. 82. Attorney Hawkins stated it is not a simple procedure and was a subject of several meetings when this problem was discussed. They could not come up with any solution that would not involve many hours and dollars for all parties concerned. As a result of those meetings, it was left to each individual property owner to be responsible for attempting to resolve the problem themselves. He has no problem with what Ms. Sonsteby is suggesting if all the landowners and mortgagees will execute releases. The City has no problem with quit-claiming any interest it may have as long as the streets and easements are resdescribed. But there isn't any easy way to do that. Ms. Sonsteby - then read a statement of grievance regarding park dedication required of developers, claiming she is being discriminated against on the park dedication by the City's position of denying building permits for Shirley's Estates because of uncompleted work in the park. She cited the procedures allowed various other developers in the City, feeling she was required to give up and do much more in the Shirley's Estates park than what is required of other developers, claiming discrimination and misuse of city power. She asked that the item be placed on the Agenda, demanding the park dedication be settled tonight and that building permits be allowed on her development. She stated if it is not resolved, she would proceed with legal action against the City and Council. Council agreed to put the item on the Agenda. Regular City Council Meeting June 18, 1985 - Minutes Page 2 (Residents Forum, Contillued) Walter Dick - stated at the last meeting he complained about the street conditions. Tonlght he wanted the Council to know the street department did a good job of placing dirt on the road, grading and compacting it, so it is now more like its natural state. Mr. Pa~e - stated he was before the Council prior to the approval of the Final Plat of Pralrie Meadows about his driveway. He asked if the developer is supposed to replace his driveway. The slope was cut back, which he agreed to, but 25 feet of blacktop was removed; and he wants that blacktop replaced. Mr. Schrantz didn't know what the developer's position was in this case. The blacktop people will replace the blacktop if the developer pays for it. Council directed the engineer to talk with the developer regarding the replacement of the blacktop. It is to be placed on the Agenda of the next regular Council meetiog. AGENDA APPROVAL It was suggested the following items be added to the Agenda: Item 4i, Rite-Way Auto; 4j, Library Discussion; 4k, Minnesota Tire Recycling; 41, Hanson Boulevard; 4m, Landfill/Hazardous Waste Bill; and 4n, Park/Shirley's Estates. MOTION by Elling, Seconded by Knight, to approve the amended Agenda as suggested. Motlon carried unanimously. PRESENTATION - LOGO CONTEST WINNER Mayor Windschitl presented a $50 check as the prize for designing the new City Logo to Kim Dalbec. BRUCE HAY - WATER SERVICE DISCUSSION Council had received no information on this item and no one was present to discuss it. MOTION by Knight, Seconded by Elling, to table the item. Motion carried unanimously. WATER PROBLEMS - OEHN'S ADDITION Mr. Schrantz stated not much progress has been made in this area. He received prices to pump into the lake; the DNR has looked at it; and he has talked with the City of Anoka and Anoka County regarding relieving that situation as part of the county project for realigning Bunker Lake Boulevard. The project to the Rum River will not happen for a number of years; but the rerouting of Bunker Lake Boulevard from Seventh Avenue to Round Lake Boulevard should happen later this year. He doesn't have the grades for this project to review yet. The DNR felt they could establish some level and thought it would be low enough not to have damage. The lake is high, and the water is lower the further south it goes. Ms. Sonsteby - stated the ditches were dug to take care of the surface water. One year there was a lot of rain and there were haystacks in the fields, so they pumped the water into Round Lake. Mayor Windschitl stated the County is working with the City of Anoka on the outlet from the Chutich pond for the extension of County Road 116. To solve this on a permanent basis, he suggested the City of Andover, the City of Anoka, and Anoka County work together to create something out of the Chutich pond to handle the entire area. He stated a concern has been raised regarding pumping water into the lake as to whether some of the lots on the south side would then be flooded out. - Regular City Council Meeting June 18, 1985 - Minutes Page 3 (Water Problems, - Dehn's Addition, Continued) Ms. Sonsteby - thought there may be one that is low that would be affected. She also stated the water level has risen such that her slab is now full of water, and it is going into her garage. The Council and the Engineer discussed the water levels in that area, the possibility of using the alignment of 116 for draining the area, that the water level would not be eliminated completly because the DNR would allow lowering it only to a certain point. Mr. Dick - stated when working on the south side of 116, there were four or five pumps for dewatering; and afterwards the area was dry for about three years. As far as he could tell, all the storm drainage from the east side of Round Lake Boulevard is being directed into the slough. Mr. Schrantz stated that water is lower than the water in his area. Ms. Sonsteby - stated the Chutich pond is higher than her land, stating all that water lS coming to her property. Mr. Schrantz disagreed, stating the water level is lower than her property. After discussing the situation further, it was agreed the City should pursue a resolution of this problem in conjunction with the City of Anoka and Anoka County. MOTION by Knight, Seconded by Elling, that the Mayor arrange a meeting with Andover, Clty of Anoka, and the County Commissioners as soon as possible. Motion carried unanimously. WATER - 159TH AVENUE Mr. Schrantz stated they have cleaned out the south end of the pipe. Some progress was made, lowering that about one-half of a foot until Sunday's rain. The pipe is partially full of dirt and debris, and the public works people are working to clean that out. He is also trying to find someone with a jet machine to jet it out of there. He will then extend the pipe down to the ditch level. They will also profile the area to see how far they need to dig out the ditch. He felt they should be able to control that problem. WATER - STACK ADDITION Mr. Schrantz reported they pumped the area for five days about 10 hours a day. They estimate they pumped about five acre-feet of water; but with the rain on Sunday, the water level rose up again. The last storm filled the lowland up, so they have stopped pumping until the water level in the lowland goes down. They do not want to flood out the field in the lowland. He didn't think they could do anything to solve this situation other than have a storm drainage project. He talked with the DNR, but they don't have any funds for this situation. He also called the Soil Conservation Service, and they may have some expertise in this area; but he couldn't arrange a meeting with them until July 2. They don't have any funds for this now, but they may have some next year. Glen Cook, BRA, stated initially they were looking at a general levy over the entire area of about $400 an acre. Another option is to look at the agricultural area contributing only about half as much to the ponding area as the residential areas involved and give the ag land credit for the ponding on the property. Using that procedure, the ag land would still end up paying an assessment of $30,000, which is still a substantial assessment. The residential lots would be assessed about $1300 per acre, most lots being about one-acre in size. Regular City Council Meeting June 18, 1985 - Minutes Page 4 (Water - Stack Addition, Continued) Mr. Cook stated the pipe to dump the water below the hill is about $26,800; and if assessed to only affected residential property, it would be about $1250 per lot, which is about the same cost as the other way. Mr. Schrantz stated when getting to the lowland, there is still a problem because there is a birm along the river that would need to be overcome. To go to the south, the obstruction is the road that goes to the field road. He stated a DNR permit would be needed to work on the river bank to pipe the water to the river. The alternative would be to let the water flood the field and have it drain away naturally. He thought the problem would only be with spring water once the dam is constructed to hold the water back. Mayor Windschitl asked what would happen if they received permission from the Daley's to build up the levee high enough to hold the water back and then pump the water out of the bottom ponds. Mr. Cook stated the 1976 air photos show high water in that area; and it has taken this long to get to that same height. It may take that long again if there is a dry cycle. Mr. Schrantz thought the Daley's would be receptive to raising the level of the dam. He also felt there should be some escape, an overflow to control that water. Council and Engineers continued discussion on possible solutions and costs. Mr. Schrantz stated Mr. Fields has irrigation equipment set up to irrigate the field when it is dry, pumping the water from the river. He suggested possibly Mr. Fields would be willing to pump from the ponds instead. Another suggestion was to pump the low area to the river now, then pump the ponds into the lowland. Or get permission to enlarge the ditch through the middle of the fields in the low area to carry the water away. Or explore the possibility of pumping down Yakima, going south instead of to the river. A thought was if it can be pumped out and the water stays down, a decision on a permanent solution could wait until next year and possibly save the $30,000 to $60,000 estimated for a project. Attorney Hawkins also advised the City has an agreement with Mr. Russell that there would be no assessments on the agricultural property for ten years if he does not develop it within that time period. Council generally agreed to the following: As soon as it is dry enough, begin pumping the area again. Also, have the Engineer obtain prices to purchase a pump and hose for such pumping for Council review. They estimated a pump size of about 1,000 gallons a minute. Council also asked that a rough estimate be made on the cost of raising the height of the levee. Also, ask Mr. Russell if he would be willing to provide an easement to permanently put water into the lowland. And what are the damages that would result from doing so. MOTION by Lachinski, Seconded by Elling, that we accept the feasibility study on the Stack Addition storm sewer improvement Project No. 85-13 and set a public hearing for July 16 at 7:30 p.m., at the Andover City Hall. (See Resolution R058-85) Motion carried unanimously. WATER - WICKLUND Mr. Schrantz reviewed the water problem of Mr. Wicklund, stating the desire to lower the culvert, as it is now one foot higher than the ditch, to keep the water from flooding his garage. Council wanted more information on this matter before making a decision, especially as to what effect lowering the culvert would haveèon those properties down from there. Regular City Council Meeting June 18, 1985 - Minutes Page 5 MHFA APPLICATION - MORTGAGES John Peterson, Good Value Homes - reviewed their letter to the Council stating they are asklng the clties to apply for this financing. The State has issued a bond of about $20 million at a rate of 9.9 percent allocated to various cities. One stipulation is the buyers have to be low-income with less than $34,000 annual income, and they can spend only up to $83,000 on their house. Buyers must also be first-home buyers. There is a three percent up-front commitment fee involved, and Good Value Homes is willing to pay that commitment fee if Andover would make application for this money. The application must be in by June 20, and the State will know what cities will be given the money by July 15. Mr. Peterson also reviewed the four categories where cities may get bonus points. Some cities are working for those points; others are not. He thought the risk to the City is zero because they are committing to pay the commitment fee. Jim Perra - stated he is a contractor and didn't have any problem if Good Value wants to apply for and use this funding. Every builder has the opportunity to come in and ask for the same thing. He felt it is a good program. MOTION by Lachinski, Seconded by Elling, that we direct the City Clerk to make appllcation for the MHFA mortgage money available providing the application be written with the intention that Good Value Homes would pay the 3 percent commitment fee. Motion carried unanimously. WATER TOWER STYLE/SELECTION -- AWARD WELL NO. 2 CONTRACT John Davidson of TKDA reviewed the bids received for the construction of Well No.2, recommending the award be given to the low bidder of E. H. Renner and Sons for $102,875. MOTION by Orttel, Seconded by Knight, a Resolution accepting bids and awarding contract for the Improvement Project No. 85-9 for Well No.2 construction in the area of Water District 1... (See Resolution R059-85 awarding contract to E. H. Renner and Sons in the amount of $102,875) Motion carried unanimously. Mr. Davidson stated for the Council's information, they are recommending a separate building to be constructed in the future for iron and manganese removal. Mayor Windschitl thought it would be more cost effective to make the second pumphouse large enough to house the equipment for iron and manganese removal, and felt that alternate should be bid to determine costs. Mr. Davidson stated that could be done if the City is reasonably sure it will be treating the water in this fashion; but he suggested waiting until after the second well is done to determine the quality of water from that well. Mr. Davidson then reviewed the three water tower styles, the fluted, pedestal pheroid and double ellipsoid tank styles, noting the fluted is the most expensive and the double ellipsoid the least expensive. Council agreed to bid the fluted and pedestal spheroid styles, with an add-alternate of overhead doors in the fluted style. MOTION by Elling, Seconded by Knight, that we authorize TKDA to go out for bids for the fluted column and the pedestal spheroid type water towers with alternates for overhead doors for the fluted model, and also the footing design and costs for both. (See Resolution R060-85) Motion carried unanimously. ~ Regular City Council Meeting June 18, 1985 - Minutes Page 6 RITE-WAY AUTO The Clerk explained last year Mr. Imre applied for a special use permit to construct a building. He was given an extension until June 1, 1985. A bond was posted dated June 15 covering the restoration work of the exterior of the building and the property. As of 4 o'clock today, the majority of the work is finished, but several items still need to be completed. She has put the bond company on notice, but it is a time-consuming process to call the bond. Mr. Imre is willing to make a cash deposit to cover the few items that need to be completed. John Imre - stated the brick front is not on, thinking the Council had not approved it because the front of the building is not facing the road. Council thought the Building Committee is requiring about four feet of brick facing on the buildings. The Clerk stated the plan shows two brick panels on the side facing Bunker Lake Boulevard. Council felt the brick panels should be added as originally proposed. Mr. Imre - stated part of the old fence is still remaining because there are items remalnlng that should be screened. The additional deposit would be for the removal of the fence and to clean up the remaining items in the area. The Clerk stated the $1,000 deposit did not include the brick panels. MOTION by Lachinski, Seconded by Orttel, that we accept a cash deposit in the amount of $1,000 from Rite-Way Auto Parts, John Imre, to cover removal of the old fence and the junk cars and miscellaneous parts, including tires, etc., that still need to be cleaned up, in addition to placement of the brick as shown on the prints as previously approved; and the work should be completed by July 1, 1985; upon receipt of the $1,000, we would allow the bond to be released. DISCUSSION: Mr. Imre didn't think that was enough time to put the brick up. If there are any problems getting a contractor to put up the brick, he didn't want to have to come back for an extension. Councilman Lachinski CHANGED MOTION to get all other work done by July 1 and have brick done by JULy 16. Second Stands. Motion carried unanimously. Recess at 9:23; reconvene at 9:36 p.m. TEMPORARY MOBILE HOME PERMIT/STANG HYDRONICS Larry Nutter, Stang H¥dronics - stated they purchased about six acres east of Hanson Boulevard and north 0 Bunker Lake Boulevard. They are going to erect a building of approximately 68,000 square feet for their dewatering company, ground water control. They are requesting a temporary construction trailer to be placed on site while the building is being put up. Mayor Windschitl noted the permit would be in conjunction with the building permit. He also informed Mr. Nutter of the request for sewer and water just north of that property that would potentially affect him as well. MOTION by Elling, Seconded by Orttel, to approve the temporary mobile home permit for Stang Hydronics for a period of 90 days per Ordinance No.6, in conjunction with the acquisition of a building permit. Motion carried unanimously. ANDOVER VOLUNTEER FIRE DEPARTMENT - STAFF COMPENSATION Attorney Hawkins stated he reviewed the memorandum from the League of Cities and the Statute. Since the Supreme Court has ruled the Fair Labor Standards Act is now applicable to the cities and overtime provisions are applicable to cities, the question is whether or not city employees who work as firefighters get paid time and a half if they exceed 40 hours a week while in service for the Fire Department. ~ I.. Regular City Council Meeting June 18, 1985 - Minutes Page 7 (AVFD - Staff Compensation, Continued) Because the Andover volunteers receive only one point for fire drills and calls worth $5,75, it is his opinion that the City will not have a problem if the volunteers do work at fires and attend drills thereby actually putting in over 40 hours. There is a section in the Fair Labor Standards Act that indicates if the compensation is nominal for volunteer members, they are not deemed as employees during this period of time. And the amount is solely for the purpose of reimbursing them for expenses. As long as the reimbursement is only $5.75 for fires or drills without regard for the number of hours, they would not be deemed city employees during that period of time. ANDOVER VOLUNTEER FIRE DEPARTMENT - BUILDING COMMITTEE REPORT Firefighter Bob Dillon reviewed the overall concept of providing better fire service to the residents involving the construction of two fire stations, using the insurance criteria of having a station within 1\ miles of commercial and multiple-family areas and a range of 4 miles for single family residences. Fire Chief Bob RaImer also reviewed the three-station concept, but the Department is considering the construction of two stations at this time. It will continue using the existing station for several trucks for quite some time before the third station would be needed. Mr. Schrantz reviewed maps of the existing roads and streets within the City, and the service areas for stations located at the intersection of Crosstown and Bunker Lake Boulevards, in the vacinity of County Road 7 and Highway 58, and the existing location. Ultimately a third station should be located in the area of Hanson Boulevard and County Road 20. Those three locations would meet the four-mile radius for every section of the City except for a small portion of the northeast corner. Council discussion with the firefighters was on the design of the proposed buildings, the costs, the bond issue, and the next step in this procedure. It was felt there would be some economics of scale by using the same plan for both stations. Mr. Dillon stated they will need to find out whether a mezzanine in the main building would be more or less economical than adding the space to the side of the building. He stated the buildings would be similiar except the main station on the south side of the City would have a meeting room as well. They also need a cost figure for a water supply for the northwestern station. Discussion was on how to obtain the costs to construct the buildings and water supply, as well as additional equipment needed, so accurate figures can be determined for the bond issue. It was finally determined the Department should solicit bids from the consultants or architects interested in doing so for the purposes of estimating the costs of the buildings and getting conceptual drawings of them. When discussing the procedure for acquiring the property on which the stations would be located, it was felt Good Value Homes would be willing to cooperate for the southern site, plus the City is thinking about acquiring some property for redevelopment which may be usable. It was also felt the use of the park in the northern area could be made to work. The Department was asked to make sure of the specific area they want in that northwestern location. MOTION by Orttel, Seconded by Elling, that we approve the concept of future fire statlons to be located approximately at the intersection of Crosstown and Bunker Lake Boulevard, Hanson and County Road 20 and County Roads 58 and 7. Motion carried unanimously. Regular City Council Meeting June 18, 1985 - Minutes Page 8 ANDOVER VOLUNTEER FIRE DEPARTMENT - MISCELLANEOUS ITEMS Chief Palmer aksed what budget item would warning sirens come under. Mayor Windschitl stated the Building Inspector has done some work in that area, and at present nothing further is being done as a new radio communication system for sirens is being developed. He asked that the Building Inspector provide an update for the Council by the next meeting. Chief Palmer asked to transfer $1,200 from Capital Purchases to Maintenance, plus several hundred dollars from Building Parts, Code,'400,into Equipment, Code 580. MOTION by Elling, Seconded by Knight, to so move. Motion carried unanimously. PARK/SHIRLEY'S ESTATES/SONSTEBY Councilman Elling stated the last time he looked at the park, the grading has not changed from the time the Council made the decision to hold building permits on Shirley's Estates until the park grading is completed according to the plan submitted. Ms. Sonsteb~ - argued she did everything she was supposed to do inthecpark, claiming at the meetlng the Engineer had told her to place a walkway 10 feet wide and 30 feet long. Council and Engineer noted the submitted plan calls for a walkway from one high area to the other, that the Engineer had said a walkway 10 feet wide on the top and 30 feet wide at the bottom and to go from one high area to the other, and that the Park Board and Council had agreed to the set of plans drawn showing that proposal. Ms. Sonsteby - stated what irritates her is she did what she was supposed to do. She gave the full land dedication, did the grading at her own expense of over $8,000, plus she donated an acre of land along the lake to the City. But another developer is grading his park in lieu of the cash dedication that is required, and she quoted other instances where she felt developers were treated differently from her. Council noted the park is Ms. Sonsteby's proposal and tha~,all developers are treated equally according to the ordinance. The City also spent funds to put the entrance into that park because Ms. Sonsteby refused to do so, and the feeling was Mr. Sonsteby should build the walkway as shown on the plan. Council took no further action on this issue; therefore, the previous action of withholding building permits in Shirley's Estates until the walkway in the park is constructed according to the grade submitted is completed. Ms. Sonsteb~ - again stated she is being discriminated against and stated this will be settled ln court. ADOPTION OF THE ZONING MAP MOTION by Elling, Seconded by Knight, to amend Ordinance 8, 8aa, an Ordinance amending Ordinance No.8 adopted the First day of January, 1971, known as the zoning ordinance for the City of Andover; Ordinance 8, Section 6.03, is hereby amended as follows: boundaries of the districts as established by the ordinance are shown on the map dated June 1, 1985, published herewith and made a part of this ordinance. Motion carried unanimously. LANDFILL/HAZARDOUS WASTE BILL Councilman Elling requested Council support of the petition for the Sierra Club Clean Water Action Committee against changes in the Superfund Bill. Terr~ Reuther - stated the victims compensation is still in Senator Merriam's bill, but lt is virtually impossible for the victims to be compensated. ~ Regular City Council Meeting June 18, 1985 - Minutes Page 9 (Landfill/Hazardous Waste Bill, Continued) MOTION by Knight, Seconded by Elling, that the Council go on record supporting the petltion presented here tonight by the Sierra Club, Minnesota Audubon Council, Clean Water Action Project, Minnesota Coact, and Minnesota Public Health Association. (See Resolution R061-85) Motion carried unanimously. Councilman Elling also stated the generators and CRA had the landfill tests from the first round of tests on May 13 but are not releasing them to anyone willingly. They have asked the Agency to request that data from them. The Agency did that last week, so those tests should be available shortly. The second round of samples began May 22, and he felt they may be holding off until those results are available to verify the first round samples. HANSON BOULEVARD Mayor Windschitl stated the County is ready to bid the project but is concerned that the City has not yet acquired the right of way for that portion of the road to be constructed on Ward Lake Drive. He has received commitments to donate the right of way from all property owners except Mike Bradley and Wally Arntzen. Both are asking for additional compensation because of the way the road cuts into their properties. Mr. Bradley doesn't have any trees affected; it is basically the taking of land. A low area is going to be uncovered, and Mr. Bradley would like to get that low area filled in, some fill brought onto the lot he and Mr. Arntzen own together and possibly some money as well. Mr. Bradley has not made a firm proposal to the Mayor as of yet. The Mayor continued, Mr. Arntzen is clearly wanting to be paid $5,000 for the additional land that will be taken for the road and for the tree loss, plus replanting~fthe trees. If the City then has to purchase all the right of way for that property using the theory of either everyone donated or everyone being paid for the right of way, Mr. Arntzen, Mr. Bradley, and Ms. Britton would be getting more than the others because more of their land is effected by the project. He also wasa't sure if the assessment policy would provide credit for that land. So those parcels would be receiving more money but paying less assessment; and those:on the west side of the road would be assessed for more than what they would be paid. He also felt that using the market value of the property, the amount would be no where near the amount being asked for by Mr. Arntzen. There was then a very lengthy discussion as to what to do, acknowledging that the road £Hèsrie~£ ÒprwåyPRh8e~ðtm~br à~1nofhthgtÞ$~aintR~tpàÞËe~j!YtfiR~ng~eRa¥ff~bmª0~ömßènsation were given, it could only be for the excess, over and above, what others along the road have given; that if the right of way situation is not settled, the County will not do the project and it is not known when or if it would be done; that possibly the best thing to do would be to pick another alignment for Hanson Boulevard by either angling , to the west to Verdin or moving the alignment about 400 feet west and come up through Orris property; that the existing ordinance does not allow the splitting of the lots of Arntzen and Bradley yet those individuals want a guarantee that they will be allowed to split them after the road is in; and that the three parcels are losing more than the others but they are getting a free road as well. Attorney Hawkins also stated in all of the properties involved, there is nothing of record that indicates an easement was ever given to the City. Discussion;co~ttnued on possible solutions:to the problem. One suggestion was to approach those two individuals one more time; and if they are not agreeable, the City can ask the County to look at an alternate route or turn the entire project over: to them. Another suggestion was to have the attorney negotiate for the acreage given over and above what the others are giving and possibly give some consideration for the landscaping ~- - Regular City Council Meeting June 18, 1985 - Minutes Page 10 (Hanson Boulevard, Continued) involved. No specific action was taken by the Council at this time, but agreement was that Mr. Bradley and Mr. Arntzen should be contacted once more. BOND SALE/RESOLUTION Attorney Hawkins felt this item is of importance because the bond market is very favorable right now, and he also wanted to know what Council objections there were with his recommendations for the bond sale. (See the June 14, 1985, letter from the Attorney to the Council and Clerk regarding the financing for the 1985 improvement projects) Because of the lateness of the meeting, Council didn't want to make a decision on this item but brought up several points. Northglen 5th Addition, Woodland Terrace, Phase I, and Aztec Street are proposed to be assessed in 1985, payable in 1986. Attorney Hawkins stated that then means the connection charges would be collected in 1986 for only 60 to 80 units; so there will be 750 unit charges that would be taken out of collection starting 1986 and put on the bottom. That will result in a substantial increase in the capitalized interest for this issue. Council also thought the connection charges would be levied in 1986 at the indexed rate for collection in 1988. Attorney Hawkins stated he factored in ~ percent, althou9ht he didn't think it would go up that much. He suggested it would be better to assess them and defer them with interest. He felt the City would not be making any money on arbitrage on this issue. He shows no interest income in the figures because it will be a wash. The capitalized interest is in there to cover the deferrals. Attorney Hawkins stated he would attend the special meeting set for Thursday, June 20, to go through this item in greater detail. MOTION by Knight, Seconded by Orttel, to move this to the next meeting. Motion carrled unanimously. AWARD CONTRACT/138TH AVENUE PARK FENCING/BLACKTOP MOTION by Orttel, Seconded by Knight, introducing a Resolution accepting proposals and awarding contract for blacktopping for the 138th Avenue Neighborhood Park being constructed with monies from Community Development Block Grant Funding through Anoka County, Minnesota, as presented, with the award going to Northern Asphalt in the amount of $1,530. (See Resolution R062-85) Motion carried unanimously. MOTION by Orttel, Seconded by Knight, a Resolution accepting proposals and awarding contract for the construction of a 4.0-foot fence for the 138th Avenue Neighborhood Park as presented with the low bidder being Arrow Fence Company for $4,055. (See Resolution R063-85) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, payment of Checks 9607 through 9676 with the exception of 9643 for a grand total of $84,497.31. Motion carried unanimously. MOTION by Elling, Seconded by Knight, to adjourn. Motion carried unanimously. Meetlng adjourned at 12:16 a.m. Respectfully submitted, ~~..~ Marc la A. Peach Record· g Secretary - -