Loading...
HomeMy WebLinkAboutCC May 21, 1985 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MAY 21, 1985 AGENDA 1- Call to Order: 8:00 P.M. (Note Time Change) 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Special Use Permit/M. Benson b. Final Plat - Woodland Ridge/L. Carlson c. Final Plat - Prairie Meadows/L. Carlson d. Final Plat - Woodland Terrace/L. Carlson e. Final Plat - Northglen V/Good Value Homes, Inc. f. Shore land Management Ordinance g. Stop Signs - Red Oaks 5. Non-Discussion Items a. Ordinance No. 40C/Lot Splits b. Ordinance No. 32E/Sanitary Sewer c. Ordinance No. SSE/Municipal Water d. Final Payment/IP84-6 e. Award Contract/IP85-1, IP85-5. IP85-7 f. Lower Rum River Watershed Management Organization Agreement g. Anoka/Andover Drainage Agreement 6 . Reports of Committees, Commissions & Staff 7. Approval of Minutes 8. Approval of Claims g. Adjournment ~ 01 ANDOVER M E M 0 RAN 0 U M TO: MAYOR AND COUNCIL COPIES TO: ATTORNEY, STAFF FROM: CITY CLERK/A. A DATE: MAY 16, 1985 REFERENCE: AGENDA COMMENTS - MAY 21, 1985 MEETING Item No. 3 - Agenda Approval Please delete Item No. 4c(Final Plat-Prairie Meadows). Item No. 4a - Special Use Permit/M. Benson This item is continued from the May 7 Meeting. Action was tabled to allow time for comments from the DNR relative to the effect on the lake level. To-date I have not received the written comments, however, they are forthcoming and should be in-hand by the Meeting. The DNR has verbally reported they do not feel the mining operation would have any impact on the lake levèl. A resolution will be prepared to grant approval of the request, with a contingency to cover payment of an escrow deposit and provision to cease work should any severe drainage problem become apparent. Item No. 4b - Woodland Ridge Final Plat/L. Carlson Enclosed are copies of the Final Plat, as well as the Title Opinion from the City Attorney. Due to the weather this week, the streets are not yet completed, therefore, an escrow deposit has been made to cover the balance of the work to be completed within sixty (60) days. Park dedication fees in the amount of $12,000 has been paid. This amount is 10% of the price Mr. Carlson paid for the property; and is somewhat higher than the figures shown on the Assessor's records as the EMV. A resolution will be prepared for approval. Item No. 4c - Prairie Meadows Final Plat/L. Carlson Mr. Carlson has requested this item be deleted from this agenda inasmuch as weather has prevented completion of the streets. Item No. 4d - Woodland Terrace Final Plat-Phase l/L. Carlson Enclosed are copies of the Final Plat of Woodland Terrace-PhaseI. The City Attorney has the abstract and should have the Title Opinion ready by the meeting. Bids will be opened on May 17 for the utility and street improvements--the Development Contract will be prepared based on the bid costs. The City Engineer has prepar.ediia break- down sheet on the costs expended on the park, resulting in a cash balance still due. The figures still need some refinement, however, it appears the balance owing will be in excess of $15,000. Agenda Comments "May 21, 1985 Meeting Page 2 Item No. 4d - Woodland Terrace I (continued) It is to be noted that the total fees cover the entire Woodland Terrace Development; of which only the portion covering Phase I is collectible at this time. Approval is recommended. Item No. 4e - Northglen V Final Plat/Good Value Homes, Inc. Enclosed is a copy of the Northglen V Final Plat. The abstract is with the City Attorney for review and should be ready by the meeting. Bids for the utility and street improvements will be opened on May 17; the Development Contract will be prepared from those figures. Approval is recommended. If any items are still outstanding on 5/21, those contingencies will be included in the resolution. Item No. 4f - Shoreland Management Ordinance Enclosed is the proposed Shore land Management Ordinance as prepared by the Planning & Zoning Commission. Also enclosed is their recommendation for approval. You will note the DNR has indicated they do have some problems with the lot sizes. The Council could respond to the DNR, or it could be referred back to P&Z with specific directives for revision or "justification" for leaving as is proposed. Item No. 4g - Stop Signs/Red Oaks The City has received requests from the residents on Quinn Street/139th La. to install a stop sign at that intersection. The City Engineer and Deputies have investigated it; their report is enclosed. There have been other telephone requests for other intersection along 139th La., however, no action has been taken at this time. Item No. 5a - Ordinance No. 40C/Lot Splits Pursuant to Council directive, the Planning & Zoning Commission has amended the Ordinance to cover lot splits in the Urban Area where the resultant lots are less than the 2.5 acre; and only the district requirement of the 39,000 square feet is used. There would not be a problem in the rural area where the zoning is less than the 2.5 acres because of the provisions of Ordinance No. 10C requiring no lot less than 2.5 acres can be developed for residential purposes. Item No. 5b - Ordinance No. 32E/Sanitary Sewer Enclosed is an amendment to Ordinance No. 32E which covers the resolution adopted last meeting providing for the penalty for non-connection of sanitary sewer. Item No. 5c - Ordinance No. 55E/Municipal Water Enclosed is the proposed amendment to Ordinance No. 55, which gives the vehicle by which the Council can assess the penalties for non- connection to municipal water within the mandatory time-frame. Item No. 5d - Final Payment/IP84-6 Enclosed is a memorandum from the City Engineer covering the final payment to Channel Construction for the South Coon Creek Drive utilities. "Agenda Comments May 21, 1985 Meeting Page 3 Item No. 5e - Award Contract/IP851, IP85-5, IP85-7 Enclosed is a memorandum from the City Engineer covering the bids for IP85-1 (Aztec Street Construction), IP85-5 (Woodland Terrace) and IP85-7 (Northglen V) . Bids were opened on May 14 for IP85-1 and the bids for IP85-5 and IP85-7 will be opened on May 17. Resolution for award will be prepared. Item NO. Sf - Lower Rum River Watershed Management Agreement Enclosed is the LRRWMO Agreement for your review and approval. The City Engineer is the City representative of this Organization and will comment. Item No. 5q - AnOka/Andover Drainage Agreement Enclosed is a copy of the Anoka/Andover Drainage Agreement covering the drainage from the Woodland Terrace Plat. Also enclosed are comments from the City Engineer who has been meeting with the Anoka Engineer and the developer. Item No. 6 - Reports No information has been received to-date. Item No. 7 - Approval of Minutes March 19, April 4, 10, 16, May 7, 1985 Enclosures ~ 01 ANDOVER REGULAR CITY COUNCIL ~1EETING - MAY 21, 1985 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on May 21, 1985, 8:00 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, P.K. Lindquist; and others RESIDENT FORUM Don Jacobson, 14826 University Avenue - noted the business being conducted at The Rõund Barn iŠ-in vlolation of the ordinance because it is in a residential area. Secondly, Rite-Way Auto Parts on Bunker Lake Boulevard was granted a permit to build a storage building; and a condition of that permit was to put up a see-through fence, which has not yet been done. The Clerk indicated she has written to the owners of Ihe Round Barn noting they are in violation of the ordinances, but nothing further has been done about that. The Mayor suggested she contact them about the problem and suggest a rezoning if they intend to operate on a continuing basis. Attorney Hawkins also stated the owner of Rite-Way Auto Parts is under court order, and he has until June 15 to meet the conditions or go to jail. Pat Mann, 16757 Argon Street - stated they are having a problem that started approxi- mately one year ago wlth high water. They have lived there for nine years and never had a problem until last year when water started rising in the back. He presented a picture of the water level at this time last year. The water was over their cesspool at that time; but now it is about one foot higher and is up to their back door. It has also risen to the point where it is starting to affect their neighbors across the way. It does not seem to recede at any time, but is getting worse. This last Easter when the water started rising again, they tried to pump it to a lower area, but it didn't have any effect at all. Mr. Schrantz explained how they plugged the levy that Easter weekend and found a pump for the residents to pump for several days. It is not known exactly why this is happening, but there are large swampy areas all around. Mr. Mann - stated after the levy was plugged and it started raining again, his son went to look at the dam again. It was holding, but the water was running over the top of it. Neil Powell, 16625 Argon - talked with the Engineer on Friday. He didn't think the tnglneer reallzed how critical it is. He is pumping water out of the basement with two pumps right now. If the power goes out, he is going to have three feet of water in the basement, and he will lose everything in there. He felt the only solution is to get a drainage in there. A lot of people that are directly involved in this situation are not at the meeting this evening. He understood the City has an easement on the Hartman residence. Mr. Séhrantz stated he hasn't checked for an easement. He talked with Mr. Hartman, who seemed willing to get the City go across that open area. Mr. Mann - stated there is an easement on the north side. He thought it would be better to go across the open lawn of Mr. Hartman. Council asked how many homes are affected by this situation. Mr. Powell - guessed about seven homes were affected, stating there will be more people Tnvolved-With drainfield problems because the ground is saturated in that area. Regular City Council Meeting May 21, 1985 - Minutes Page 2 (Resident Forum, Continued) Mr. Mann - explained it is incredible what is happening. The water has not receded since last year. Council discussed possible solutions to the problem. It was suggested the contours for the area be studied and that the easement be investigated or obtained to be able to move the water elsewhere. It was felt this would be a top priority item since time is obviously a factor, with a report coming back from the engineers by the next regular council meeting. They must also make a determination of costs and cause. If it is a natural occurence and the cost is expensive, it may have to be done on a 429 procedure and assessed to the benefitted parcels. MOTION by Lachinski, Seconded by Knight, to authorize the Engineer to contract with an engineering firm to prepare a feasibility study to solve the problem in the Russell Addition and have it available for the first meeting in June. (See Resolution R046-85) Motion carried unanimously. Rosella Sonsteby - stated about one month ago she had the engineer come out to look at her water problem. Her swamp has filled up with so much water it is now up to the slab on the garage door. In Dehn's Addition there are buildings under water. She thought they were going to get a pump to help them out; but he did nothing on their property. She stated it is being caused by the water coming to her swamp from Dehn's area, from the park, from the east side of Round Lake Boulevard; and she stated she will be getting more from the west side of Round Lake Boulevard. Mr. Schrantz stated the problem is there is no place for that water to go. Her water is at least one foot lower than the lake. The lake is up, the swamp is up, that entire area is saturated and flooded. He has asked the county to look at the drainage in that area when the design for rerouting Bunker Lake Boulevard through there is done. He has also asked them to look at the possibility of taking the drainage to the south. But he doesn't know what problems Anoka would have with that. The water table in that entire area is high, noting since 1980 every year has been above normal precipitation. John Davidson of TKDA stated this is a general trend to the entire area and is not unique to Andover. It has been two years of wet fall, wet spring, and virtually no frost, and all the water has perculated into the soil. Council noted this problem is subject to a lawsuit, and it was also felt this problem would best be addressed when the county does the rerouting of Bunker Lake Boulevard through there. AGENDA APPROVAL The following changes to the Agenda were suggested: Delete 4c, Final Plat-Prairie Meadows/L. Carlson; Add 4h, Park Survey Contract; 4i, Continued Public Hearing - Watermain Extension/85-8; and 6a, Key Communicator Program Policy. MOTION by Knight, Seconded by Elling, to approve the Agenda with the changes as stated. Motion carried unanimously. SPECIAL USE PERMIT/M. BENSON Mayor Windschitl noted the DNR has not yet completed its study of the relationship between the ditch, the lake and the creek. It was agreed to carry this item over. MOTION by Knight, Seconded by Elling, to table this until we receive a report from the DNR. Motion carried unanimously. FINAL PLAT - WOODLAND RIDGE/L. CARLSON The Clerk stated she now has the checks for everything regarding this plat. Regular City Council Meeting May 21, 1985 - Minutes Page 3 (Final Plat - Woodland Ridge, Continued) Lary Carlson, developer - asked if they paid an amount in escrow, will they get an ltemized llsting of where that money is used. Council stated he would have the right to an itemized statement. MOTION by Elling, Seconded by Knight, that we approve the Final Plat of Woodland Rldge, and authorize the Mayor and Clerk to sign the Final Plat. (See Resolution R047-85) Motion carried unanimously. FINAL PLAT - WOODLAND TERRACE/L. CARLSON Mayor Windschitl felt the Council should acknowledge the final preliminary plat which shows the corrections the Council had asked for when it was approved. Curt Adams - stated variances wouldn't be needed on the lots resulting from the cul de sac asked for by the Council if it is accepted as a PUD. Mr. Hawkins agreed. Mr. Schrantz stated the Council must decide on the park dedication, noting his proposals on park dedication calculations using $2700/acre for the land value. The only item undetermined is the grading of the park. In talking with Mr. Adams and the developer's contractor, they will be moving 10,000 yards of dirt. He asked if that wi 11 be moved onto the plat. Mr. Carlson and Mr. Adams - stated the dirt is not needed in the plat. If anything, tfiey have excess dirt and they will have to determine where to put it. Mr. Carlson also stated that the $2700/acre is higher than the estimated market value in the Assessor's office, but they had to pay an average of $2500 to $2700 to get through the Adolfson property. Mr. Schrantz stated the value for services performed, 10,000 yards valued at $1 a yard, amounts to $10,000, which is significantly more than what he had estimated. Mr. Adams - stated about 4,000 yards of that is topsoil which will be taken off and put back. The other portion is cut for birms planned around the park. But they don't know where to put all the extra dirt. Mayor Windschitl asked how much of it was moved to benefit the park, either Chapman's or the new one. Mr. Adams - stated the entire reason for cutting the park was to cut it for the ball- flelds and to drain it toward the ponds. He didn't know whether they would put the extra dirt around the park as birm or put it on site. But all the work is being done for the park, not for the plat. Mr. Carlson - stated they would be glad to give a check for the remaining park dedlcation fees. But they feel they are entitled to a park area that can be used by the residents. His initial offer was made more than a month ago, and he didn't hear a word back about it. He stated he would keep track of the hours of work in the park. If they incur more cost then the park dedication fees would amount to, they would absorb that;loss. If they incurred less hours and fees were still owing, he would pay that in addition. That offer was never accepted. Mr. Carlson stated he is getting frustrated with the situation. They want the park and feel they can provide the greatest value to the City for their dollar by doing some of the work in the park while they are on site. Councilman Lachinski explained the Council's dilemma is they have never worked with this situation before, feeling they would prefer to work on a fixed fee basis rather than an hourly rate. Mr. Carlson - stated that would save them a lot of recordkeeping, etc., as long as tfie park goes in. Mayor Windschitl stated there is no objection to putting that money back into that park. The question only has been trying to evaluate the services in lieu of cash. He said that is what the Engineer was tyring to do. Rëgular City Council Meeting May 21, 1985 - Minutes Page 4 (Final Plat - Woodland Terrace, Continued) After discussing this item furtherw:iíh the Engineer and developers, it was finally suggested that Mr. Schrantz discuss the quantities to be moved with the developer's contractor and reach an agreement as to what will be required with Phase II park dedication. Mr. Carlson - again stated if the Council lets them proceed, they will use up the cash value of park dedication fees; but they will not look to the City for anything more. For that they will level it, replace the topsoil, and seed it. He noted this would mean approximately $7,000 more than the park dedication fee and would be done at his cost for finishing the park grading. Council was satisfied with that. Attorney Hawkins noted there was an error in the legal description on the final plat. One of the exceptions in the legal description was left out in the northwest corner of the quarter quarter. He made the correction but didn't know if that had been filed with the City. The Clerk noted it had not yet been filed. ~1r. Carlson stated that will be corrected. Mr. Schrantz stated the development contract should indicate that the developer will be doing the grading, top soil, and seeding of the park. The developer is saying that will be done at a loss for him; however, the contract should clearly state that that will take care of all park dedication for both Phase I and Phase II. MOTION by Lachinski, Seconded by Knight, that we accept the Final Plat for Woodland Terrace, Phase I, and authorize the Mayor and Clerk to enter into a development contract with the developer; subject to the correction of the legal problem identified by the Attorney, and also subject to a separate agreement in writing from the developer as it relates to the park development such that the developer agrees to grade the park and replace topsoil and seed as identified by the plan that has been submitted to and approved by the Park Board for an amount equal to the cash contribution from the developer for both Phase I and Phase II of Woodland Terrace. (See Resolution R048-85) DISCUSSION: Mr. Carlson - stated the engineering has allowed the playground area in Chapman's AddTtion park to remain as is. That is not in accordance with the design they prepared and proposed. Some of that equipment would need to be removed or changed if they are to go with that submitted plan. Council agreed the equipment should be removed so the park can be developed in accordance with the approved plan. Motion carried unanimously. FINAL PLAT - PRAIRIE MEADOWS/L. CARLSON This item had been deleted from the Agenda; however, there was a comment on this item. Mr. Pa~e - stated they started digging up the field to put the roads in. They dug up hlS drlveway last fall and have done nothing to maintain it. Now they dug more and have a 27~-inch raise in 13 feet. The bumper drags for some cars when driving in and out of there. He stated Mr. Carlson has put out a letter that he likes to be paid for work he has to do over and over; yet Mr. Carlson is causing him a problem in that he has to scoop up dirt and sand out of his roadway every time it rains. Last week it was eroding away with a channel 14 inches deep and a foot wide that he couldn't even get in and out. Mr. Schrantz stated the roads are to be blacktopped next week. Mr. Carlson - stated that is on his property, not Mr. Page's. Also, because of his concern, he asked Mr. Page, who had approved it. The work is being done and they are not entering onto Mr. Page's property. The letter was distributed to the neighbor- hood asking to please inform their children to stay off the ditch banks now that they are going to be seeded so they don't get tore up. And all the letter said is if someone is causing a problem and they have to reseed, they will be looking to that individual for expenses. He felt it is misleading the way Mr. Page presented it. Regular City Council Meeting May 21, 1985 - Minutes Page 5 (Final Plat - Prairie Meadows, Continued) Mr. Page - stated he never approved it. The contractor dug it up and had the sand and gravel working into the road. There wasn't that much of a rise. But when the maintenance came along, the road was lowered to the surveyor's stakes. He again stated there was never any approval given. Mr. Carlson - stated the road has been constructed as required. He was told that Mr. Page had approved it. He didn't believe it was his obligation to do so, but he has approved bringing asphalt from the road to the tip of his driveway. He didn't know what more they could do other than going in and tearing Mr. Page's driveway out and rebuilding it. He didn't think it would be that bad when finished. Mr. Sêhrantz was directed to look into the situation. FINAL PLAT - NORTHGLEN V/GOOD VALUE HOMES, INC. Rosella sonstebf - stated the lots of Northglen V back up to her property. She asked lf easement cou d be provided between some of the lots to allow her to bring electricity or sewer into that back 40 of hers. Council noted the plat now before them does not show easements on the side lot lines as required by Ordinance 10. Those easements need to be shown and will provide the ability of getting utilities to Ms. Sonsteby's property. Mr. Schrantz did note that her property is beyond the sewer district and the City is not planning to service that area with sanitary sewer from the Coon Rapids Interceptor. Ms. Sonsteby - stated before development of the Good Value property, the land was level wlth her property. Now it has been built up three to four feet higher. She asked with that level difference, won't she be getting all the water running down that hill from their property onto her property. John Peterson, Good Value Homes - stated the lots are designed to be walkout lots and Wl 11 slope to the back. There is a drainage easement which drains north and east to the lowland. They understand they cannot dump water onto Ms. Sonsteby's land. He also stated drainage easements are provided along the back of all those lots; and they are not yet constructed. The plan is to carry the water to the lowland within that 20-foot easement. ~r. Davidson, TKOA - stated the streets are designed and graded to control the water a~certain speciTTc points, at which point they will discharge into the wetlands on the Good Value property. Ms. Sonsteby - felt she will be getting all the water, and it also comes via the ground water. But she stated possibly the problem will be solved with the county road coming in. MOTION by Lachinski, Seconded by Knight, that we approve the Final Plat of Northglen V, Good Value Homes, Inc., subject to entering into the development contract and having the developer submit the escrow deposit; and also subject to the addition of utility and drainage ,easement on all interior lots within the plat. (See Resolution R049-85) Motion carried unanimously. PARK SURVEY CONTRACT Merlyn Prochniak, Park and Recreation Commission Chairman, and Marc McMullen, Park Board Commissioner, noted the questionnaire prepared by Maureen Gallus for a survey. Because Ms. Gallus was not yet present,. it was agreed to hold this item until later in the meeting. Recess at 9:30; reconvene at 9:35 p.m. , Regular City Council Meeting May 21, 1985 - Minutes Page 6 CONTINUED PUBLIC HEARING - WATERMAIN EXTENSION/PROJECT 85-8 Mr. Schrantz stated he was not able to talk with Gilbert Menkveld to determine the status of his petition for water service to his property. Mayor Windschitl noted there is still the petition for the property in the area of Bunker Lake and Hanson Boulevards and the possibility of a request for utilities for 170 acres to the east of that property in the vacinity of the railroad tracks. Jerry Green, 2733 Bunker Lake Boulevard - has about 18 acres and will be receiving an assessment for 8.6 acres. He dldn't know why the balance of his property isn't being assessed. About four years ago he presented a proposed plat for that area. But he was turned down for FHA and VA financing because of the water contamination problem in the area. He hasn't done anything further with the plat. He stated it would be his choice not to have city water into the area at this time. He didn't think the demand was there for lots in that area because of the existing development taking place. The additional assessments would create a hardship for hi~. He suggested the City postpone the project until there is more of a demand for city lots or there are lots that are contaminated. James Conroy, 2487 139th Avenue - stated he agreed with Mr. Green; he doesn't want the project elther. He asked what he would be charged for it. John Davidson, TKDA, reviewed the lateral benefits, the area charges, and the connection charges based on 2\ lots per acre development. He also explained how the costs are based on the establishment of a water system for the entire urban service area, and that the cost will be the same for everyone coming on line with the exception of the yearly cost indexing factor. Now there would be two wells and a storage tank. Mr. Conroy - stated at the present time he didn't think there was any problem within the area. Council noted what has been happening is because of the Well Advisory area, when a well needs to be replaced for whatever reason, it is very expensive. With more of these expensive wells being put in, the more opposition that will be to putting in a water system later. Mr. Conroy - thought the problem was with the shallow wells. Council stated it is not only shallow wells. Many problems have been with the deeper wells. It also noted the public hearing is based on petitions from developers. Only open land is proposed to be assessed; not developed parcels. To date there have been no petitions from residents on small lots or from residential developments for municipal water; but it may be they are waiting for the reports from the landfill study, which should be the end of August. Mr. Davidson explained the project proposed is to extend a 12-inch line from Northglen across Coon Creek to the end of the Olson property on Bunker Lake Lake Boulevard and a 500,000-gallon storage tank. ~r. Conr£l - suggested the situation on this side of the creek be taken care of at the ti~ere is a problem. Mayor Windschitl explained the problem with financing the bigger storage tank within District 1 if this project is not ordered, because the excess capacity would be for District 2. And it is not practical nor economical to be constructing the smaller tank and then have to construct another small tank in District 2 in several years. The Council is looking at a vehicle to construct the larger tower to have the ability to deliver capacity to the area when it develops. Mr. Conroy - asked the reason why the tower and well are proposed in the corner of the Clty. Mr. Davidson explained the reasoning for staying outside the Well Advisory area for potable water sources, noting the ultimate system calls for 8 wells, all located outside the Well Advisory area. Mr. Conroy - again stated he is not interested in water at the present time. Regular City Council Meeting May 21, 1985 - Minutes Page 7 (Continued Public Hearing - Watermain Extension/Project 85-8, Continued) John Peterson, Good Value Homes - presented a letter of their position indicating thelr Opposltlon to the proJect at this time believing their property is not benefitting in the amount of $420,000, the proposed assessment as a result of water. He asked if the City could just build the larger tower at this time and not construct the trunkline yet. Can the City assess for that additional capacity if they didn't have water to the property line. If so, he stated they would have to see the specific numbers before deciding whether or not thEy would be interested in paying for the oversizing of the tank at this time or take their chances and pay for an additional tower at the time their property is developed. He also thought the City should look at the possibility of assessing the people who really need the system, those in the developed areas whose wells are potentially contaminated. Just having the raw land carry the assessment for this project is high risk for everyone. Mayor Windschitl stated there is no ability to assess ahead of the line. He asked if it would be worth having the capacity available to the Good Value site. Mr. Peterson - again stated they would need to know the cost of that before making a declslon. Mayor Windschitl stated the difference in the tower cost is $185,000, the amount that would be allocated to the areas in District 2 that it would serve. Councilman Lachinski stated constructing the larger tower without running the mains into District 2 does nothing in terms of reducing the Well Advisory area. Counci lman Knight noted it doesn'tmake any sense to construct the smaller tower because it would be planned obsolescence. Mr. Green - asked how large of an area would the 1/2-million-gallon tank serve. D1Scusslon noted the first 250,000 gallons would serve District 1 to the creek; the remaining 250,000 gallons would theoretically serve approximately 420 acres east of the creek. Mr. Green - asked if that would serve as far east as Hanson Boulevard. Discussion noted lt would depend on what is developed in between, but it may get to Hanson. Mayor Windschitl asked what interest there would be to construct the 500,000-gallon tower and construct the watermain across the creek, ending it at the::ii1tersection of Crosstown and Bunker Lake Boulevards. He suggested the City carry the costs for one year, at which time the Council would decide who to assess for the trunk and oversizing of the tank. The capacity would then be there if anyone chose to develop or if the residential areas needed it because of water contamination. All the reports from the landfill would be in by that time, and there may be different options as to who to assess at that point in time. He also suggested consolidating all of the petitions and hold one more public hearing for the areas to the east. Council discussed the proposal, but at this time felt mgst of the costs will be incurred but the vast majority of assessable property would be eliminated for assessment purposes. It was a I so fe It it wou ld be' cheaper todo it and have them pay for it now rather than add the capitalized interest after one year. Mr. Peterson - stated it is difficult to tell how much additional time they would need. Thelr letter indicates at least two years. One problem they have is the magnitude of the assessment, and it is too early. He noted the vacant landowners have withdrawn their requests for this project. It seems the real motivation for the project is because of those with contaminated wells. He felt strongly that those people should be a part of this assessment; and he felt it should be easy to sell them on the idea of bringing water service to the area. Council discussion was the only reason this has been brought to a public hearing is because of the petitions from vacant landowners -- one of them being Good Value Homes who withdrew the petition several nights before the hearing. There has never been a petition from residents. Regular City Council Meeting May 21, 1985 - Minutes Page 8 (Continued Public Hearing - Watermain Extension/Project 85-8, Continued) Mr. Peterson - stated they were approached about a year ago and encouraged to petition to get the study under way. They agreed to that, but they tried to make it clear from day one that they were uncertain whether they really want this. He felt it simplifies matters if all the property owners do not want the project and it is not for the polluted area. Then there is only the issue of the bigger tank. He thought it would work to just build the oversized tank and assess everyone for it. Council stated the intent is to save the developers money through the economics of scale. Mr. Green - stated he would be willing to pay the assessment for the economy of scale for the larger tank and to have the water stubbed to that point. But he too felt the area to be served by the larger tank should be assessed as well, referring to the existing developments. Councilman Lachinski stated if the construction of the tank were deferred for about six months and run the mains next spring, the assessments would not go on the rolls until October, 1986, payable in 1987. It allows an extra year in terms of assessments for the developers'but,assures the City that the financing would be available for the larger tank. Mr. Davidson stated the schedule for the construction of the second well and pumphouse is that it will not be on line until the fall. Mayor Windschitl felt the storage tank should be on line by May, 1986. Councilman Knight asked how Good Value would feel if a trade-off would have to be made in the MUSA area to develop east of Hanson Boulevard. Mr. Peterson - stated they clearly own the land and plan to develop it some day. Swapplng some of their land to delay development until 1990 would not be in their interest, and he thought they would object. That parcel has so many different characteristics, but they have no specific plan at this time as to when and how each portion will develop. Mayor Windschitl stated another significant factor for getting sewer and water into the commercial area along Bunker Lake Boulevard was the possibility of using Community Development Block Grant Funds to buy down some of the property to develop an industrial park. Mr. Peterson - stated they very strongly support the City making an aggressive effort to clear the blighted area. But to bring water to it and add an assessment to the property makes it that much more difficult to market. He'd like to see it cleanediup and then served. Council noted that is not practical. There was then a very lengthy discussion by the Council regarding costs and proposals on the project. The general consensus of the Council at this time was that a 500,000- gallon storage tank should be constructed; but there was no agreement or accepted proposal at this time as to how to finance it or when it should be constructed. Attorney Hawkins was not prepared to give a firm opinion at this time, but he questioned whether the cost of the tank located in another part of the City constitutes a local improvement under the 429 Statute and could be assessed to those properties in District 2 without bringing the trunk to the property to serve it as well. Mr. Green - felt the people in the developed areas such as Red Oaks and Green Acres have the same benefit and should be assessed as well. Council felt there is a misunderstanding in that those people would be paying the same assessment because a bigger system would be needed to include both the developed and undeveloped areas. The water project is designed to have everyone pay the same amount per unit throughout the entire service area. There has been no high priority to put water in the Well Advisory area yet. The only real benefit to that area would be to get the Well Advisory area reduced in size. Regular City Council Meeting May 21, 1985 - Minutes Page 9 (Continued Public Hearing - Watermain Extension/Project 85-8, Continued) The Clerk stated they received a call from the Meadowcreek Baptist Church, and they are opposed to any extension of water. They also would not connect to the system until it is mandatory because they are financially not able to pay the assessments. Mr. Peterson - stated they would prefer to pay for a separate tower at some later date rather than take the additional risk of paying for a bigger tower now. They know it will cost more if they came in next year and a separate well and tower would need to be constructed; but they are willing to take that risk. They would prefer to wait for the availability of water. Attorney Hawkins then suggested constructing the watermain to the end of Service District 1 at Coon Creek, bond for the extra $185,000 for the additional capacity of the tower plus $15,000 capitalized interest per year of deferred payment, set up the bond payments to defer payment on that $185,000 for one or two years, and at the end of that time period the City would be committed to ordering this project. The capitalized interest would then be added onto the assessments in District 2. Mr. Green - asked if a specific time would be set or would the City wait until it is needed. Would it then be assessed in 1987 and payable in 19891 Council noted a specific time would need to be stated because the City couldn't carry that additional cost forever. The additional $15,000/year assessed as capitalized interest spread out over a large area would not be a significant amount. It was also noted it would then be payable in May, 1988, assuming the bond~forthe project would be received in August, 1985. Mr. Green - stated it would help by waiting until 1988. Mayor Windschitl felt uneasy committing a future council to something; and he felt if this is to be done as the Attorney proposes, it should be done before this Council retires, which means it would have to be done before the end of 1986. Regarding the request for utilities in the Hanson Boulevard area, Councilman Elling asked if it would be economically feasible to use the pressurized tank from the existing system for a separate water system on the east side, assuming that tank would no longer be needed because of the storage tower in District 1. Mr. Davidson stated the only cost savings would be the cost of the pressurized tank. Councilman Orttel noted a larger problem would be providing sanitary sewer to that eastern area, and to do that the line must be run down Bunker Lake Boulevard. To run the sewer means the water must be run with it. And if the proposal to delay the development for two years means killing development on the eastern edge of the City, he is not in favor of it. And running utilities past the commercial establishments on Bunker Lake Boulevard also means those businesses will be assessed for it. Mayor Windschitl felt the Council has to look to what is to the betterment of the City; and he felt the east side of the City is clearly where all development will take place in the future. There was confusion as to exactly what the costs of the project are and their accuracy, what the assessments from each district area, and how the overall system is paid for. Mr. Davidson and Mr. Hawkins were then asked to formulate the figures on Mr. Hawkins' proposal for deferring the assessments on the oversizing of the tank to determine the effect it would have on the City. MOTION by Elling to direct the Attorney and John Davidson from TKDA to work out the numbers and the assessment policy and bonding items for a liZ-million-gallon tank and extension of watermain down Bunker Lake Boulevard to the creek. Motion dies for lack of a Second. MOTION by Knight the same motion adding that they work out the deferring of the cost figures to include Phase 2 so we know what they are. Motion dies for lack of a Second. Regular City Council Meeting May 21, 1985 - Minutes Page 10 (Continued Public Hearing - Watermain Extension/Project 85-8, Continued) MOTION by Orttel, Seconded by Knight, that we authorize the Engineer, consulting Engineer, TKDA, and City Attorney to cooperate in the development of a plan whereby water service for Water Service District #1 would be completed in 1985; and to investigate the costs of deferring the oversizing of a water tank to one-half million gallons to Service District #2 to be deferred for a period of no more than two years. Motion carried unanimously. Later in the meeting it was agreed to discuss this item at the Special Meeting set for Monday, June 3, 1986, because there will not be a full Council at the regular June 4 meeting. PARK SURVEY CONTRACT Maureen Gallus was presented and stated she would be surveying a random sample of 250 registered voters in the City. She estimated tht!ywould get 96 to 97 percent certainty as to what the majority of registered voters in Andover want. Mayor Windschitl suggested adding question #7 -- if dissatisfied, list what areas you would like to see improved. He also suggested a question #8 -- Would you support a bond issue of $300,000 and increased mill levy. After discussion it was agreed for question #8, everyone,would be asked if they would be wi 11 ing to spend án additional $10, $30, or $50 a year for park improvement. It was also agreed that for question #2, everyone would be asked to respond yes or no to the various uses of the parks in Andover. It was also agreed that question #4 would be changed to indicate the ages of the children in the household. MOTION by Orttel, Seconded by Elling, that we authorize an expenditure up to $800 for Maureen Gallus of CSI, Inc., to do a phone survey on park standards in the City. Motion carried unanimously. Mayor Windschitl suggested once this survey is completed that the Council hold a joint meeting with the Park Board to review the comparison of park facilities between Andover and its neighbors, to rank the existing parks for development, to agree on the contents of the parks, to establish the development program for that, and to establish a policy of work done in lieu of cash park dedication. ANDOVER VOLUNTEER FIRE DEPARTMENT MOTION by Elling, Seconded by Knight, that we contribute to the Relief Association PenSlon Fund of the Andover Firefighters in the sum of $7,500 for 30 active members. Motion carried unanimously. Fire Chief Bob Palmer reviewed the result of a comparison done by the firefighters for the location of a fire station. The sites were Bunker and Crosstown Boulevards, Highways 20 and 7, and Highway 20 and Hanson Boulevard. The priority station was the one to the south in the area of Bunker Lake and Crosstown Boulevards. After some discussion, it was agreed more information needs to be obtained by the Fire Department before making any firm decisions on the matter. Firefighter Roger Noyes - stated the 4885 tanker is in need of repair. He has received a quote to redo the brakes plus other repairs for a total of $1155. MOTION by Lachinski, Seconded by Orttel, to authorize an expenditure up to $1155 for lruck Number 4885 for repairs. Motion carried unanimously. Regular City Council Meeting May 21, 1985 - Minutes Page 11 AWARD CONTRACTS/IP85-1, IP8S-S, IP8S-7 MOTION by Elling, Seconded by Knight, introducing a Resolution accepting bids and awardlng contract for Improvement Project 85-1 for street construction in the area of Cedar Hills River Estates Second Addition to H & S Asphalt for a sum of $51,675, the low bid. (See Resolution R050-85) Motion carried unanimously. MOTION by Knight, Seconded by Elling, introducing a Resolution accepting bids and awardlng contract for the Improvement Project 85-5 for watermain, sanitary sewer, storm drainage, and streets in the area of Woodland Terrace as presented. (See Resolution R051-85) Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, introducing a Resolution accepting bids and awarding contract for Improvement Project No. 85-7 for watermain, sanitary sewer, storm drainage, and street construction in the area of Northglen 5th Addition as prepared. (See Resolution R052-85) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, to approve Checks 9500 through 9560 for a sum of $68,639. Motion carried unanimously. FINAL PAYMENT/IP84-6 MOTION by Orttel, Seconded by Knight, introducing a motion to adopt a Resolution accpeting work and directing final payment to Channel Construction for Project 84-6 for the improvement of watermain, sanitary sewer in the following areas: South Coon Creek Drive west of Round Lake Boulevard, as prepared. (See Resolution R053-85) Motion carried unanimously. CONTINUED PUBLIC HEARING/WATERMAIN EXTENSION Mayor Windschitl noted the representatives of the generators from the landfill and PCA are not able to meet on June 3. He stated a tentative date for that meeting has been set for June 10. It was then agreed to continue the public hearing on the watermain extension on June 3. MOTION by Lachinski, Seconded by Knight, that we continue the public hearing for the 8S-8 watermain extension until June 3, 7:30 p.m. Motion carried unanimously. It was agreed that the remaining items on the Agenda will be carried over to the special meeting on Wednesday, May 29, 1985. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 12:08 a.m. Respectfully submitted, Marc ~~~~ Recor ng Secretary I