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HomeMy WebLinkAboutCC September 17, 1985 CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: AGFN DA COMMENTS _ ~F PTFMR FR ]7 RFr:1I1 AR MFFTTNG Item No. 3 - Agenda Approval Item No.4a - Sketch Plan/Creekridge Estates Enclosed i s the Sketch Plan for the proposed Creek ridge Estates as being developed by Carlson-Dropps. The property is located primarily north of South Coon Creek Drive in Section 29. The proposed Plan was not received until today¡ therefore, the ARC has not yet had an opportunity to review it. We wi II attempt to get our comments to you prior to the meeting. Item No. 4b - Koeplin Sketch Plan Enclosed is the Sketch Plan for the proposed Plat as being developed by Wayne Koeplin. The property is located west of North Prairie Road. All parcels contain the required area and correct dimensions per Ordinance No. 8. The only item requiring a variance/change would be the proposed cuI de sac street. Ordinance No. 10 shows maximum length for a cuI de sac to be 500'; the proposed i s in excess of 1,000 feet.from the centerline of Prairie Road to the furtherest cuI de sac extension right-of-way line. The length actually included in the proposed Plat is per Ordinance No. 10 apprpximately gOO' . Variances have been granted in previous plats for cuI de sacs of approximately 800+ feet in length. Item No. 4c - Wicklund Drainage This item has been tabled from previous meetings to allow the home- owner to present testimony. He wi 11 be in attendance at this meeting. Item No. 4d - Stop Signs/Lund's Addition The Deputies were requested on August 20, 1985 to research this and give me a report. Checks are s till being made; we shou ld have information by the Meeting. -. ---~ Agenda Comments Regular Meeting - September 17, 1985 Page 2 Item No. 4e - Nuisance Ordinance You have received a copy of a proposed Nuisance Ordinance from the City Attorney. This Ordinance has been recently passed by the City of Coon Rapids, however, it is my understanding that they have not tested it ye t. In reading through the ordinance, it appears we would have more time and effort allocated to such problems than we do now; and because of the sma II staff size here, we simply do not have the personnel to enforce this ordinance. Perhaps at some future date, we might look to such a procedure. Item No. 4f - Warning Sirens Discussion New locations have been proposed, however, there i s some feeling that they still do not cover the City adequately. The Mayor has requested additional time on the agenda for discussion on this item. Item No. 4g - State Grant/Crooked Lake You have received correspondence indicating the DNR wi 11 allocate up to $25,000 in matching funds for projects to improve the water quality in Crooked Lake. The City of Coon Rapids has pledged $12,500;therefore, another $12,500 i~still needed. The Crooked Lake Homeowners Association has researched the proposed aeration project. Mr. Jim Seeman wi II be present to speak to this. It i s my understanding that both Anoka County and the Homeowners Assn. are being looked to for a contribution. Item No. 5a - Temporary Mobile Home Permit/Osmundson Due to normal delays, the Osmundsons do not have their home ready for occupancy; and are, therefore, requesting an extension of their permit. A motion is needed for an extension of 90 days (this is the maximum allowed by ordinance). Item No. 5b - Award Contract/IP85-14, IP85-15 Bids will be opened on Monday, September 16, 1985. The City Engineer wi 11 have a report and his recommendation to you for the meeting. Item No. 5c - Oeclare_Costs/Improvernent Projects Resolutions are to be adopted to declare the costs and order the Assessment Hearings for IP85-1(Cedar Hills River Estates), IP85-5 (Woodland Terrace), IP85-7(Northglen V), IP85-8(Trunk Watermain Estension) , IP85-g(Well/Pumphouse #2), IP85-10(Water Tower), IP85-14(Lund's Round Lake Estates), IP85-15(144th Avenue Frontage Road) , and IP84-12(Howard Temple Addition). Item No. 5d - Order Assessment Hearings See Item No. 5c. " .. - ^' A ,.. , Agenda Informatio.. September 17 Regular Meeting Page 3 Item No. Se - Change Orders/Northglen V Motions are needed to approve Change Order No. 2 in the amount of $13,412.35 to allow Channel Construction to perform work for the Woodland Terrace Project; and Change Order No. 3 in the amount of $26S.11 for a hydrant for the Northglen V Improvement Project. Item No. 6a - Fire Department This item is continued from the September 3 Meeting and covers the Council appointment of the Fire Chief rather than through the interdepartmental election process. Item No. 7a - Approval of Minutes August 20, September 3, 1985 Enclosures CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 17, 1985 - AGENDA 1. Call to Order - 7:30 p.m. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Creek Ridge Estates Sketch Plan b. Koeplin Sketch Plan c. Wicklund Drainage d. Stop Signs/Lund's Addition e. Nuisance Ordinance f. Warning Sirens Discussion g. State Grant/Crooked Lake h. 5. Non-Discussion Items a. Temporary Mobile Home Permit - J. Osmundson b. Award Contract - IP85-14, IP85-15 c. Decl are Costs - IP85-1, IP85-5, IP85-7, IP85-8, IP85-9, IP85-10, IP85-14, IP85-15, IP84-12. d. Order Assessment Hearings (see Item 5-c) e. Change Order - IP85-7/Northglen V f. 6. Reports of Commissions, Committees, Staff a. Fire Department 7. Approval of Minutes 8. Approval of Claims g. Adj ou rnment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 17, 1985 MINUTES The Regular Bi-r10nthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on September 17, 1985, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Knight (arrived at 9:15), 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 RESIDENT FORUM Jim Stur~eon, 16555 Yakima - commended the City Engineer and staff for the work done to allevlate the water problem in their area and thanked them for their help. Bob Sayers, General Mana~er, Minnesota Tire Recycling - asked to be placed on the agenda to conslder allowlng them to place a shelter on the slte tor thelr 16 employees. Tney round they have not been able to add a third shift because there are no facilities for employees to take a break, eat their lunch, etc. They are proposing a mobile office, an 8x32' construction office, to be placed on site. It would be located by the production building and would not be visible from the road. They would put in some kitchen facilities and tables. They do not intend to be on that site more than two years and do not want to place a permanent structure on property they do not own. Mr. Sayers stated he had pictures showing the progress made to date in removing the tires on site, again stating they intend to leave the site once it is cleaned up. Council agreed to place the item on the agenda. Mr. Sundeen, Sundeen Construction - asked the Council to grant a variance for the Schendels. He started a bUllding for them assuming the permlt had been approved. They were then notified they could not build that type of a structure in that zoning district. They are asking for a variance so they can complete the structure. He explained when they applied for the permit, he interpreted the office staff's comments to mean there would be no problem getting a permit for the structure. Seven days after they applied, they began work on the building thinking the permit had been picked up by the owner. He thought they should have been notified previously that such a structure was not allowed in that district. Mayor Windschitl noted there are really two problems in this case. One, they started work without a building permit. Secondly, the structure is not allowed in that zoning district. The Clerk explained the staff member who talked with Mrs. Schendel did say it was fine, referring to the drawings, etc., that were brought in, not as to whether or not it would be approved. That can only be done by the Building Official. Also, the original permit was for an accessory building, not a pole barn. Mayor Windschitl stated the ordinance does not provide a method of granting a variance for this type of thing. The building could be made to fit the ordinance if it were converted to a wood siding. Starting the construction without a permit is under the authority of the Building Official, not the City Council. Mr. Sundeen - stated he wasn't aware of the ordinance. He stated there is only about three hours of work left on the building, that tne entire post frame is up. Bruce Decker, Decker Lumber - is supplying the building materials. He asked what is the obJectlon to metal siding. Mayor Wlndschitl stated lt is basically because of the objections of neighbors, especially in the smaller-lot areas. That is why the ordinance has restricted that use on lots of less than three acres. -~ Regular City Council Meeting September 17, 1985 - Minutes Page 2 (Resident Forum, Continued) Mr. Decker - stated in this case he didn't think there was any objections from the nelghbors and felt a variance could be granted. To convert this to a wood siding is feasible, but it is about $2,000 more in cost. He stated both Mr. Sundeen and Mrs. Schendel were in the office a total of five times with blue prints, etc.; and they were never informed until the last minute that there would be a problem with it. Starting the building without a permit was a mistake and was not intended; but he felt the way this was handled by the staff was misleading. He felt the staff was negligent in getting information to them. He also had trouble as to metal siding not being an appropriate siding, noting its 15-year warranty and painted walls and roof identical to the house. Mr. Decker stated Mr. Sundeen has been building in the city for 9 years and they are asking for an exception in this one case. Mayor Windschitl stated had it been done through the normal process, the owners would have made the decision what to do when they learned the structure was not allowed. The fact that the building got started without a permit is what is complicating this. Council discussion with Mr. Sundeen and Mr. Decker was on the location of the property, the surrounding area, the events that took place when applying for the permit and starting the building, arguments for allowing the structure to be completed by Mr. Sundeen and Mr. Decker, and the Council's position of enforcing the ordinances. Mrs. Schendel - stated the building would be used to store their camper, boat, etc. Attorney Hawkins advised the ordinance does not provide an abllity to grant a variance in this instance. Council also felt by allowing the structure to be completed, it would be setting a precedence for such buildings on the smaller lots and the ordinance would then no longer be enforceable. Council also felt the authority in this instance is that of the Building Official. After some research, the Clerk discovered there is already an accessory building on the parcel; therefore, this would be a second building with the total square footage of accessory buildings over that of the principal structure. That, too, is contrary to the City's ordinance and means that building in question cannot even be bu il t. No Council action was taken, stating the authority is with the Building Official. Walter Dick, 4260 145th Lane, Dehn's Addition - stated he is speaking on behalf of four other people ln thelr area. They have had a constant floooing problem, notlng he WdS before the Council before on this issue and nothing has been done. He stated TKDA fieldmen were out taking sightings and the level had rlsen .7 of a foot. Since they've taken the last sighting, the water has again risen.4 to .5 of a foot. He has water in his basement;. other lots are flooded from 50 to 90 percent. He thought they were going to see some action taken on the problem from the City, the County, and the City of Anoka. But he understands now that the construction of the new County Road 116 is not going to be done this year. He stated they are really having water problems, asking what is going to be done. Mayor Windschitl understood the County cou·lan't acquire part of the right of way through there and is in the process of going through the condemnation procedure to acquire the necessary right of way. It will not be constructed this year. He stated there doesn't appear to be any solution to the problem until an outlet can be constructed in that area. Mr. Schrantz said the County hired an engineering firm to do a study, and that report is due about mid-October. Mr. Dick - wondered if there was any way to pump the water out temporarily. Some septic systems are being affected. He will have to have hlS pumped again. -. Regular City Council Meetlng September 17, 198~ - Minutes Page 3 (Resident Forum, Continued) Mayor Windschitl stated there doesn't appear to be any place to pump the water to. Discussion noted it may be able to be pumped into the lake; however, the lake level is higher than the water in this area. John Davidson of TKDA stated they have been monitoring the area on a continuous basis. He stated there seems to be a correlation between levels in that area, thinking if this were pumped into the lake, it would eventually drain back to the wetland. The lake is consistently about one foot higher than the wetland. After further discussion with Mr. Dick and the Engineers about the problem it was agreed to add the item to the agenda. AGENDA APPROVAL It was suggested the following items be added to the agenda: 4h, Minnesota Tire Recycling/Mobile Office; and 4i, Drainage/Dehn's Addition. MOTION by Elling, Seconded by Lachinski, to approve the Agenda as amended. Moti on carrled on a 4-Yes, I-Absent (Knight) vote. CREEK RIDGE ESTATES SKETCH PLAN Rick Carlson, representing the developer, and Ken Gust, Engineer, reviewed the sketch plan for Creek Kidge Estates located mainly north of South Coon Creek Drive in Secti on 29. Mr. Gust - stated sewer and water are not required for Phase I, and that is what they would develop first. The adjoining property not shown in the sketch plan has been sold to Ken Slyzuk for farming purposes, so Mr. Carlson is no longer fee owner of that property. Mayor Windschitl noted the item must go before the Park Board, stating there may be some interest in taking Outlot A for park purposes. 1here was some discussion on the City Engineer's suggestion of bringing the two streets in the plat straight down and not have any lots facing South Coon Creek Drive. Council generally liked the configuration of the streets as proposed, was not concerned with an additional six lots facing South Coon Creek Drive since there will need to be four other lots facing the road on the south side and there are already smaller lots facing the road immediately to the west. Mr. Gust - realized the depth of the sewer line at the end is marginal and that they may have to insulate the line if there is not enouyh g,ound cuver. He also agreed the north lots are in the flood fringe but stated they can be filled. Council generally agreed with the sketch plan as proposed, noting it must now proceed through the Planning Commission and Park and Recreation Commission. KOEPLIN SKETCH PLAN Bob Grover and Gene Bach, Counselor Realty, represented Wayne Koeplin. . Mr. Grover recognlzed the cul de sac exceeds the length allowed by ordinance but noted the difficulty of dividing the parcel. Coun~il suggested providing a,stub for future road extension to the south. Mr. Grover - stated there are two ten-acre parcels to the south, one with a residence on It. Mr. Koeplin - stated the people to the south do not have any intention of moving or of doing anything with that property. Council noted that good city planning would dictate providing for future street extensions. Normally they would be required Regular City Council Meeting September 17, 1985 - Minutes Page 4 (Koeplin Sketch Plan, Continued) to bring the road to the end of their property line; but in this case it is not practical because of the railroad tracks. Council generally agreed the road should be extended either to the north or south property lines. At this time the preference was to turn the road south but noted that is something for the engineers and Planning Commission to decide. It was also stated that it is not the Council's intent that they should have to lose a lot in doing so. Council had no other problems with the proposals, noting it must now proceed through the Planning Commission and Park and Recreation Commission. WICKLUND DRAINAGE (Reference the May 28, 1985, report done by Hakanson Anderson Association on the Wicklund Drainage Project) Roy Wlcklund, 4115 149th Avenue - stated when he built on the lot five years ago there were no apparent water problems. He explained the dralnage area through his property, across the road, and into a ponding area. He then starting having more water and decided to build a pond to hOld it. Tnere were a lot of box elder trees there, which do not grow in water; so there is evidence there was never water there before. He talked with the City Engineer last winter, and last spring he hired Hakanson Anderson and Associates to determine a solution to the problem. They discovered when the property was developed, the drainage ditch was put on the property line a foot higher than the lowest terrain. There is never water running through the culvert unless he pumps it through, which he does on occasion. He is asking to follow through with their recommendation to lower the culvert a foot. And the existing terrain from the culvert down to the other ponding area would also be lowered a foot gradually. That is what the City Engineer and his neighbor had recommended. His preference would have been to move the culvert to the low terrain as was suggested in the report; however, that was unacceptable to Jim Hiltz, his neighbor. Mr. Wicklund stated he has built up his property 18 inches, plus a foot around the outbuilding. If the culvert is lowered a foot, he has no problem. He also noted that since a neighbor built on his side of the street last year, the amount of water coming into his yard has quadripled. Mr. Wicklund then showed a 5-minute film he took showing the problem he has on his property. He stated if the City would expedite the project, he would be willing to help defray the costs. Councilman Lachinski wanted some assurance the work would be done to the Engineer's satisfaction and asked if he would be willing to post a bond. Mr. Wicklund - stated he wants the Engineer there when the work is done, but he will not post a bond. The people who do the work should be Donded. He said to lower the culvert d foot, the ditch across the road is going to have to be sloped. Otherwise his preference would be to put the culvert in the low terrain. But he will agree to staying within the current easement, and he will help defray the costs. Jim Hiltz - stated there is a 20-foot easement in that area. He stated the drainage shown on the film was not natural but was dug out to the culvert. He was concerned that with the lowering of the ditch, his property will become flooded; and that is why he is opposed to the proposal. He stated if he wanted to sell his property, he could not finance it through FHA because the surface drainage would not be to their requirements. Mr. Schrantz stated the normal highway ditch drainage is a half of a percent with a grass bottom, which is what this would ,be. Mr. Hiltz - stated it is 230 feet from the ditch to the wetland on his property. His solution was to raise a ramp gOlng to Mr. Wicklund's garage. That would satisfy both of their needs. -.-- -~ -- Regular City Council Meeting September 17, 1985 - Minutes Page 5 (Wicklund Drainage, Continued) Mr. Schrantz stated when Lund's was platted, the pipe was deliberately placed a foot higher, and he didn't know why. In looking at the contours map, Mr. Wicklund has a right to that extra foot of drainage. He did have a concern that if the culvert is lowered a foot and an extra foot of water is crarried to the pond ln Lund's, those people will be complaining about high water similiar to the problem now being faced in Dehn's Addition. His proposal would be to lower the culvert one foot but would also require,: Mr. Wicklund to dam his pond to hold back an equal amount of water that would be drained through the lowered culvert. Then there wouldn't be any more water going into theLund'spond, but the water around Mr. Wicklund's buildings would be drained. There was a lengthy discussion between Mr. Wicklund, Mr. Hiltz, the Engineer and the Council as to elevations, drainage prior to the development, the work Mr. Wicklund has done on his property and the pumping he has occasionally done through the culvert. Council noted it cannot move the problem from one side of the road to the other, wanting to find a solution to satisfy all. After further discussion on the matter, Council agreed the City Engineer's recommendation would meet the needs of all concerned. MOTION by Orttel, Seconded by Lachinski, that we authorize Mr. Wicklund to lower the plpe ln the roadbed one foot and to create construction such to accommodate the waterflow on the south side of the road to the ponding area. AMENDMENT TO MOTION by Lachinski, Seconded by Orttel, to comply with the City ~nglneer's proposal and have all the work done at Mr. Wickluna's expense, subject to the owner provlding an easement for drainage purposes at the location of the dam. DISCUSSION: Mr. Schrantz reiterated his plan would be to lower the culvert one foot and to block underneath the bridge Mr. Wicklund has already created to hold the water back. That would hold back about the same amount of water as the extra water that would be running through the lowered pipe. He agreed it would not solve Mr. Hiltz's problem of grade. The City Attorney advised the City clearly has the right to increase the quantity of water over the easement for drainage purposes as long as it does not create a problem outside the drainage easement. (Councilman Knight arrived at this time. 9:15 p.m.) Mr. Wicklund - stated the only time there would be extra water through the culvert would be during the heavy rains; otherwise, he can hold it on his property. And he has pumped the water through the culvert in those cases anyway. Therefore, he didn't think there would be any problem created in the Lund's pond. The amount of water going to there will not change. VOlE ON AMENDMENT: Carried unanimously. VOTE ON MOTION: Carried unanimously. MOTION by Elling, Seconded by Knight, that if this lowering of the culvert creates a problem to the south side of 149th, that we would come back and raise that up again to its existing elevation and at its existing location. VOTE ON MOTION: YES-tIling, Knight, Windschitl; NO-Lachinski, Orttel as they felt the Lity has the right to do so regardless and the City probably owes Mr. Wicklund that extra foot because the culvert was placed incorrectly when it was installed. Motion carried. ~IOp SIGNS/LUND'S ADDITION MOTION by urttel, Seconded by Elling, that we approve stop signs as recommended by the Sheriff's Department in Lund's Aadition. Motion carried unanimously. _.- Regular City Councll Meeting September 17, 1985 - Minutes Page 6 SlATE GRANT/CROOKED LAKE Park and Recreation CommiSSlon Chairman Merlyn Prochniak stated the Commission has recommended the city contribute to the matching funds for projects to improve the water quality in crooked Lake. Jim Seeman, 13b09 Heather, Board member of the Crooked Lake Civic Association - reviewed the efforts of Senator Dahl to obtaln up to $2~,OuO ln matchlng funds from the uNR Tor proJects to improve water quality in Crooked Lake. The City of Coon Rapids has allocated $12,500 out of their 1986 budget feeling that is their share of the $25,000. The Civic Association wanted to approach the City of Andover for the remaining $12,500, but found out they were just a few weeks late to become involved with the bond referendum that is forthcoming. But the Park Board felt very strongly.' that this is a very worthwhile project. The motion from the Commission is 1) that it would be a benefit to the City to include the $12,500 matching funds as part of the bond referendum; 2) recommend the Council look at providing the monies out of the General Fund if the referendum should fail; and 3) recommend that the City Engineer be the liason along with the Coon Rapids Engineer and the DNR in the actual development and carrying out of the project. Mr. Seeman stated the Civic Association is very much interested in being involved as to volunteering labor, support, etc., but noted they do not have any funds to contribute to the project. He explained this would be a joint DNR, Coon Rapids, and Andover project, with the lead being determined by the three principals involved. They are still wanting to solicit monies from the county and the watershed; however, they would not be able to receive commitments from them prior to when the DNR needs to know how much is being committed. That is why they are asking for the remaining $12,500 from the City at this time. Council generally felt the project is very worthwhile, but there was some concern that Andover shouldn't have to pick up half of the costs when the majority of the shoreline is in Coon Rapids, when Andover has divered storm drainage from the lake for years, when Coon Rapids has the large park on the lake, and because a majority of the residents on the lake are in Coon Rapids. Mr. Schrantz stated the last time he talked with the Coon Rapids City Engineer, they were considering assessing their cost of the project back to the residents. Mr. Seeman - stated in view of the matching fund offer from the DNR, he didn't think that was being contemplated at this time. Council discussion noted the brochure for the bond referendum has been printed without this project; therefore, the bond funds cannot be used for this project. That means the funds would have to come out of the operating park funds in either 1986 or 1987. Chairman Prochniak stated they have an overall park development scheme for the next three years, which will be followed whether the bond issue passes or fails; and it does not include monies for this project. They would not have any funds for this until after that period of time; and he stated they did not want to change the development plan at this time. The Park Commission was recommending the tunds come out of the general fund if the bond issue funds cannot be used. Council noted everything will be done to budget $60,000 for park development for 1986; and given the requests and increases in the budget, that is going to be very difficult. They felt it would not be possible to add another $I2,500 to that budget for this proj éct. However, because the 1986 budget is being considered now, the Council agreed to give this further consideration and let the Civic Association know what can be done within the next few months. MOTION by Elling, Seconded by Knight, that we continue this item to the next regular meeting. Motion carried unanimously. Regular City Council Meeting September 17, 1985 - Minutes Page 7 Council recessed at 10; reconvened at 10:10 p.m. TEMPORARY MOBILE HOME PERMIT - J. OSMUNDSON MOl ION by Elling, Seconded by Orttel, that we approve the temporary mobile home permlt for J. Osmundson for 90 days. Motion carried on a 3-Yes, 2-Absent (Knight, Lachinski) vote. AWARD CONTRACTS - IP85-14, IP85-15 Harlan Olson of BRA reviewed the bids received for the street improvement Project IP85-14 ln Lund's, recommending the oids be awarded for Forest Lake Contracting for the base bid and the alternate of doing Guarani Street. Mr. Schrantz explained the assessment for Guarani Street will be about $q,OuO for two units and $6,000 for one unit. Programmed Land, who owns the property, has agreea to these assessments; and so has Mr. Henry. Wayne Backman, New Generation Homes - stated these numbers are acceptable to Programmed Land wlth the understanding that the property can be divided into three lots and that would be their assessment for those three lots. Paul Henry - stated these costs are a considerable improvement over the initial estlmate. Though he would prefer the road be done ten years from now, he will agree to having Guarani Street done at this time. He asked the logistics of having tne extra 30 feet dedicated from his property returned to him. Council noted the City would vacate that portion of the easement and it would revert back to the owner. Mr. Backman - stated they are willing to give the right of way needed with the under- standing that they would be back before the Council with a plat for those three lots this fall to handle the plattlng process and street easement all at the same time. They are willing to provide right of trespass at this time. MOTION by Elling, Seconded by Knight, introducing a Resolution accepting bids and awardlng contract for the improvement project or IPö5-14, Lund's Round Lake Estates to Forest Lake Contracting, the base bid plus alternate bid for a total of $121,480.50. Motion carried unanimously. MOTION by Knight, ~econded by Elling, to bring back the motion. Motion carried unanimously. MOTION by Elling, Seconded by Knlght, introducing a Resolutlon accepting bids and awardlng contract for IP85-14 for bituminous streets in Lund's Round Lake Estates for the base and alternate bid, combined price of $110,552.50. (See Resolution R101-85) Motion carried unanimously. MOTION by El liny, Seconded by Knight, introducing a Resolution accepting bids and awardlng contract for IP85-15, Dehn's Addition Frontage Road in the amount of $10,928 to Forest Lake Contractlng. (See Resolution R102-85) Motion carried unanimously. DRAINAGE/DEHN'S ADDITION Council discussion with the Engineers and Mr. Uick was on possible solutions to the water problem ln that area at this time. Mr. Dick - suggested pumping the water over the hill and into Round Lake. Mr. Schrantz stated it would cost $700 a day to rent a large pump; ur it could be purchased for between $21,000 to $32,000. Discussion wa2;on what effect pumping into the lake would have on the lake, as to possible flooding around the lake or possible drainage back into the wetland. Mr. -.--~ Regular City Councll Meeting September 17, 1985 - Minutes Page 8 (Drainage/Dehn's Addition, Continued) Davidson stated the pumping done during the 198u projects definitely took the water down behind their property. The residents were asked if there was any place that a dike could be built to keep the water from reaching their property. Mr. uick - stated straight east of the pipeline property ts.afilled area where cattle used to go through. He felt if fill was placed on top of that, it may split the wetland area apart, and the water could be pumped from the north area into the lake. That would alleviate the problem on their property and would reduce the amount of pumping needed. It was determined thatpumping \/ith a large pump for one week would cost about $5,000. About one-acre foot can be pumped in two hours, and that would raise the lake about one half of a foot in that week. Council thought there would be some merit in purchasing a pump rather than renting one. The Engineer was asked to research the costs of purchasing a pump and hose and to report back to the Council for the next meeting. The Mayor also suggested the City talk to Anoka County about help in financing the pumping of this area. Mr. Dick - was concerned that if something isn't done soon, it will freeze up and create more problems in the spring. Council agreed to decide on getting a pump within a few weeks; and if one is purchased, they will try to pump the area into Round Lake. MINNESOTA TIRE RECYCLING/MOBILE OFFICE Council discussed the proposal made by Mr. Sayers during the Resident Forum. Mr. Sayers showed aerial photos of the progress of tire removal on the site, estimating half of the tires have already been removed. The roads and fire lanes are in. He again stated they estimate being off the site within two years, that they have not been able to work with Mr. Heidelberger and do not intend to stay at that location any longer than necessary. Counci Iman Lachinski didn't think the Council would want a permanent building on that site, that this would be acceptable on the condition the mobile office would be removed upon completion of the tire removal on the site. Councilman Orttel also noted if the City is satisfied with the amount of progress being made and providing the mobile office for the employees is part of the construction process, then it should be allowed. He also noted it would not be visible from the road and will not be unsightly. MOTION by Elling, Seconded by Lachinski, to allow Minnesota Tire Recycling use of an 8x32-foot mobile office to be used as a lunchroom for their personnel, under the conditions regulating the original office trailer, which would be that both mobile offices would be removed upon cease ot the operation. (See Amendment to R85-~3) Motion carried unanimously. DECLARE CLOSTS/SETTING PUBLIC HEARING MOTION by Orttel, ~econded by Lachinski, a Resolution declaring cost, directing preparation of assessment roll and setting date for assessment public hearing for the improvement of sanitary sewer and bituminous street construction for Project No. 84-12. (See Resolution RI03-85) Motion carried unanimously. MOTION by Orttel, Seconded by Elling, a Resolution declaring cost, directing preparation of assessment roll and setting date for assessment public hearlng for the improvement or bituminous street construction for Project 85-1. (See Resolution R10g-85) Motion carried unanimously. Regular city Council Meeting September 17, 1985 - Minutes page 9 MOTION by Orttel, Seconded by Knight, a Resolutlon declaring cost, directing preparation of assessment roll and setting date for assessment publlC hearing for the improvement of watermain, sanitary sewer, storm drainage, and bituminous street construction for Project No. 85-5. (See Resolution R105-85) Motion carried unanimously. MOTION by Orttel, Seconded by Knlght, that the assessment public hearings for the 84-85 projects be held on Uctober 7, 7:30 p.m., at the Andover City Hall. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, a Resolution declaring cost, directing preparation of assessment roll and setting date for assessment public hearlng tor the improvement of watermain, sanitary sewer, storm drainage and bituminous street construction for Project No. 85-7. (See Resolution R108-85) Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, a Resolution declaring cost, directing preparation of assessment roll and setting date for assessment public hearing for the improvement of water lateral, trunk source and storage (area charge) construction for Projects 8U-3, 85-8, 85-9 and 85-10. (See Resoution R107-85) Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, a Resolution declaring cost, directing preparation of assessment roll and setting date for assessment public hearing for the improvement of trunk, source and storage (connection charge) construction for Project No. 80-3, 85-8, 85-9 and 85-10. (See Resolution R108-85) Motion carried unanimously. MOTION by Orttel, Seconded by Elling, a Resolution declaring cost, directing preparation of assessment roll and setting date for assessment public hearing for the improvement of bituminous street construction for Project No. 85-14. (See Resolution R109-85) Motion carried unanimously. MOTION by Orttel, Seconded by Elling, a Resolution declaring cost, directing preparation of assessment roll and setting date for assessment public hearing for the improvement of bituminous street construction for Project No. 85-15, Dehn's Addition. (See Resolution R110-85) Motion carried unanimously. FINAL PAYMENT/ORYDEN-HOWARD-TEMPLE ADDITION MOTION by Urttel, Seconded bY Elling, a Resolution accepting work and directing flnal payment to Dryden excavating for Project No. 84-12, for the improvement of sanitary sewer and bituminous street constructlon in the Howard-Temple Addition area \See Resolution Rl1l-85) Motion carried unanimously. PLANS AND SPECI~ICATIONS/WATER TOWER AND PU~1PHOUSE NO.2 MuTION by Orttel, Seconded by Knight, that we approve the Final Plans and ~~ications, order advertisement for bids for Project No. 85-9, Pumphouse No.2, with the addition of a brick veneer exterior option. (See Resolution Rl12-85) Motion carried unanlmously. MOTIUN by Orttel, Secondea by Lachinski, a Resolutlon to approve the Final Plans and Specifications and order advertisement for bids for Project 85-10, the water tower construction, as prepared. (See Resolution R113-85) Motion carried unanimously. CHANGE ORDERS/NORTHGLEN V / WOODLAND TERRACE PROJECTS/HOWARD-TEMPLE MuTION by Orttel, Seconded by Elllng, that we approve Change Order No.1 for Nurthglen 5th Addition to complete the construction of a stub street to the County Road 116 in Project 85-7 in the amount of $1,849.75. Motion carried unanimously. ---- -, Regular City Council ~Ieeting September 17, 1985 - Minutes Page 10 (Change Orders, Continued) MOTION by Elling, Seconded by Knight, to approve Change Order No.2 for Northglen Fifth Addition, Project 85-7, for the amount of $13,412.45. Motion carried unanimously. Council discussion with John Davidson of TKDA and Curt Adams representing the Woodland Terrace development was about the contractor for the Woodland Terrace utilities and street construction project and the problems that have occurred. Mr. Davidson explained the problem of the contractor refusing to do the work on an extension to the project that the contract· clearly called for him to do. The contract called for doing the extension at the same unit prices bid. However, the contractor said because he had pulled the machine off the job, he wanted additional mobilization charges. They could not reach an agreement with the contractor; and Channel Construction, who is working on the Northglen 5th Addition project, agreed to do the extension at his unit prices. Mr. Davidson stated they could have faught the issue under the present contract, but he made the jUdgement not to do so at that time in an attempt to get the work done. TKDA had sent the contractor a letter indicating there will be some additional work to be done, wanting that work done before the curbing crew.began work. The contractor took that to mean not to do any more work until the change order was slgned, and he pulled out of the project completely at that time. It is a matter of interpretation of the letter. Mr. Adams stated the contractor is off the job again at this time, and he wasn't sure why. He didn't think there was enough of an incentive for the contractor to complete the work. The contractor has also threatened to pull off the project completely if a time extension is not given. Council discussion was that this contractor has proved himself to be not responsible, and therefore not a desirable contractor to work with in the city in any future projects. Mr. Davidson said they are making every effort to get the job done against these kinds of oppositions from the contractor. He did recommend the two-week time extension on the project in an effort to get the job completea:· and to hold the contractor responsible for the work he has done. His feeling was to give the contractor the benefit of the doubt because of the possible misinterpretatlon of the letter. The curbing and servicing of the additional seven lots is what remains to be completed, and they are still negotiating with Channel Construction to complete it. Mr. Adams asked what is the penalty for not completing the project by the completion date. He stated the contractor has also blocked all the storm sewers. Mr. Davidson stated there is a liquidated damages clause in the contract for damages caused by his delay. He thought part of the problem with the storm sewers was because of erosion, and he dldn't know if all of that was the contractor's responsibility. But the project is the contractor's, and he is responsible for it until he turns it over to the City. MOTION by Orttel, Seconded by Lachinski, that we approve Change Order No.3 to lnclude three Mueller Hydrants in the Northglen 5th Addltion instead of the Waterous hydrants. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that the Change Order No.1 for American Contracting be approved, a non-money change; the change being that the City will defer the imposition of liquidated damages until September 29. VOTE ON MOT! ON: YES-Elling, Knight, Lachinski, Orttel; NO-Windschitl as he felt the contractor probably will not get the work completed in that time period, that many problems have been created by the contractor for the developer, and that damages should be assessed as of the completion date of the contract. Motion carried. Regular City Council Meetlng September 17, 1985 - Minutes Page 11 (Change Orders, Continued) MOTION by Orttel, Seconded by Lachinski, to approve a compensating change order on ProJect 84-12, Howard-Temple ~ddition in the amount of $1,432.01, which would make the full project revised contract amount $29,355.21. Motion carried unanimously. ANDOVER VOLUNTEER FIRE DEPARTMENT Council briefly discussed the issue of whether the election of the Fire Chief should remain as lS, that being elected by the firefighters and approved by the Council, or changed to have the Council appoint the Chief. There was general agreement that the present system is functioning well and should not be changed at this time. No action was taken; therefore, the election of Fire Chief remains as is. BUuGET MEET! NG MOTION by Elling, Seconded by Knight, that the City Council meet at 7 o'clock, September 24, with the City ~ttorney and LeFevere Lefler Kenneay O'Brlen & Drawz firm for discussion of the problem, and then for a budget meeting to follow at 8 o'clock or whenever the otherone is over. Motion carried unanimously. PUBLIC WORKS Frank Stone stated there is $7,000 in the budget for a water truck. What he has decided to do is look for a better chasis to put on the tank they now have. Council agreed with the proposal and asked that he come back with some quotes. CAPITAL IMPROVEMENTS PLAN MOTION by Lachlnski, Seconded by Orttel, that we hire Marcie Peach to start work on the Capital Improvements Program at the rate of $6.50 an huur. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 9995 through 10061 wlth the exception of IU033 for a sum or $1~5,686.04. Motion carried unanimously. MOTION by Elling, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 11:47 p.m. RespectfullY submltted, ,~ ÛJ-.,\', \),,<. ~~L Mar lla A. Peach Recor Secretary - -,- - -" -- ----