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HomeMy WebLinkAboutCC April 19, 1988 CITY of ANDOVER REGULAR CITY COUNCIL MEETING-APRIL 19, 1988-AGENDA 7:30 P.M. 1- Call to Order 2. Resident Forum 3. Agenda Approval "4 . Public Hearing/Vacation of Easement/Oak Bluff, Cont. 5. Discussion Items ·a. Woodland Meadows Street Lighting 'b. Woodland Development Sketch Plan c. Riccar Heating Variance .d. Mining Permit/Site Ordinance Discussion -e. Receive Feasibility Report/State Aid (Tulip Street) cf. Receive Feasibility Report/State Aid (University Ave.) q. ATV Discussion h. Rauen/Wicklund Discussion ""i. Award Bid/Project 87-11 -j. Award Bid/Project 87-10B 'k. CCO/Barbarossa/storm Drainage l. 9:00 P.M. Closed Meeting With City Attorney 6. Staff, Committee, commission ·a. Assessment Abatement, Cont. ·b. Gopher Bounty -c. Disaster Plan Amendment . d. Survey/Kelsey Park .e. Approve Purchase Agreements - Commercial Park/ Crocus Street Lots .f. Fire Department 7. Non-Discussion Items ,a. MSA Street Designation , b. Declare Adequacy of Petition/R. Sonsteby c. Release Escrow/Northglen 2nd Addition d. Accept Revised Feasibility/87-11B/Storm Sewer Ie. Approve Final Plat/Kensington Estates 2nd Addition "'f. Release Lot 1, Block 1, Hidden Creek /8. Approval of Minutes 9. Approval of Claims 10. Adjournment - {CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 .. ~ REGULAR CITY COUNCIL MEETING - APRIL 19. 1988 MINUTES The Regular BI-Monthly Meeting of the Andover City CouncIl was cal led to order by Mayor Jerry Windschltl on April 19, 1988, 7:30 p.m., at at the Andover CIty Hall, 1685 Crosstown Boulevard NW, Andover, MInnesota Councilmen present: Apel, Ell ing, Knight, Orttel Councilmen absent: None Also present: CIty Attorney, WillIam G. Hawkins; TKDA Engi neer, John Rodeberg; Assistant City Engineer, Todd Haas; City Planner. Daryl Morey; CI ty Administrator, James Schrantz; and others RESIDENT FORUM Rosella Sonstebv. 4151 141st Avenue NW - presented to each CouncIlman a copy of an Analysis of Storm Water DraInage done by Ken Gust, Registered EngIneer. and stated the report shows she Is not receIving benefit from the storm drainage proJect she Is being assessed for. She also presented copies of her statement on her case agaInst the City of Andover and the appeal of the storm draInage assessment and proposal of a settlement. She said the CouncIl needs to make the decision to elIminate the assessment agaInst her property or go to trIal, whIch Is scheduled for April 25, 1988. Ms. SonstebY also stated she has to pal' her own monel' for Justice because she Is not benefitted plus her tax dollars are used for attorney's fees to work against her. Counc i I agreed to discuss the proposal with the Attorney in closed sessIon scheduled for this evenIng. Bob D i I I on . 159th Avenue - asked if there has been a change in polICY regarding the problem they had with parking and parties, etc., a long the rive.. He stated he called the Deputies about a week and a half ago when cars were parked between the no parking signs along 159th, but it took the Deputies almost an hour to respond. If there has been no change in pol icy, he felt that Is not very good servIce. He hoped to stop the problem now so it doesn't get worse when it gets warmer, but he didn't think the no parkIng was being enforced. Mayor Wlndschitl stated the poJlcy has not been changed, and the City. too, would lIke to control the situation before it gets worse. He stated he wIll speak to the DeputIes, review the logs, and determine why the response time was so long. Mr. DII Ion - asked about street lIghting on 159th and Seventh Avenue. Mayor Wlndschitl advIsed a lIght has been ordered tor that intersection and will be installed as soon as possible by AEC. - Regular City Council Meeting MInutes - AprIl 19, 1988 Page 2 (Resident Forum, Continued) Mr. Dil Ion - stated many people use the bike lane by that intersectIon tor passIng. He felt that is very dangerous and either no passing should be allowed, or It should not be a bike lane and should be striped for passing. M.. Schrantz was asked to look Into that matter further. Roa Anderson. 1452 Ward Lake Drive - represented the North Central Anoka County Arena Committee. He asked for the City's support to obtaIn funding from Anoka County to construct an arena In St. Francis. The Comml ttee Is goIng before the County Board this summer asking for a $200,000 grant. and the support of the cl ties is essential. The total cost of the arena is estimated at $750,000. He also reviewed a map of Anoka County notIng the criteria generally used In determining arena locations. Ice time would be priorItized to residents of Anoka County. Counc i I general II' supported the concept. MOTION by Knight, Seconded by Elling, directing the staff to draw up a ResolutIon to that effect for the next meetIng. (The vote on the motIon was called prIor to the Agenda Approval.) DebbIe Ross. 142nd and Dahlia - has lIved In Green Acres for 9 years. Her concern Is the farmer next to them has dug an IrrIgatIon ditch which is six feet deep and is across the entire area on Crocus. She Is concerned for the safety of the chIldren that play near the ditch. Her son almost fell In the ditch yesterday. Though the water Isn't deep now, she said It wIll be when It raIns. Ms. Ross stated she Is getting signatures to have something done about the ditch and is In the process of gettIng more names. Another problem they have had is the helIcopter spraying the fields flies so close to the house, they fInally had to call the FAA. She asked that some compromise be worked out to make it a safe environment for their children. Mayor Wlndschitl explained fIrst the ownershIp of the ditch needs to be determined. If It is a private ditch. the matter is between herself and the owner. If 1 t Is a county ditch, the Coon Creek Watershed Board has the authority. The Counc i I directed Mr. Haas to look Into the matter and report back to the CouncIl. Larv Carlson - referred to the arena proJect proposed by Mr. Anderson. He stated he knows Mr. Anderson and is familIar with the work done by the committee In the past. He felt a Jot of work has gone into it and that the Information Is accurate. Also, he has sPoken to CommissIoner Haas-Steffen. who indIcated she would not even bring It before the County Board wIthout the endorsement of the cIties. He recommended support of the proJ eeL Motion for staff to draft a Resolution of support carried unanimously. Regular City Council Meeting MInutes - AprIl 19. 1988 Page 3 AGENDA APPROVAL Mayor Windschitl recommended approval of the Agenda and to take those Items where someone is present first. MOTION by KnIght, Seconded by Apel, to so move. Motion carried unanimously. RAUEN/wICKLUND DISCUSSION d'Arcy Bosel I, Zoning Administrator. reviewed her April 19 memo of her observatIons and recommendatIons of the WIcklund property, 4180 147th Lane NW. She recommended enforcement of the ordinance with regard to exterIor storage so It would not be vIsIble to the adJoining property. Peter Rauen. 4110 147th Lane - was mainly concerned about the construction of another accessory buildIng on the sIte. Mr. Wicklund already has the equivalent of three double-car garages. Any more, Mr. Rauen felt, would only be used to store equipment in support of his constructIon busIness whIch is beIng run out of the house. He felt that Is vIolatIng the Intent of the zonIng ordinance for an R-l zonIng. Mr. Rauen stated at the last meetIng he asked the CouncIl to look at the zonIng actIon and take some approprIate actIon to stop what he feels Is obvious abuse of the R-l zonIng. He didn't feel the ordInance was suffIcIent If it would allow another buIldIng on this property. He also disagreed wIth the 10-foot setback requirement on 2 1/2 acres. Mr. Rauen stated much of the debrIs and refuse Is on hIs property. He asked the CouncIl to dIrect the BuIldIng OfficIal not to issue a permi t for another structure on the property. Attorney Hawkins advised the Council cannot do that, as Mr. Wicklund does have the right to construct another accessory building as long as it meets the requIrements of the ordinance. Counc i I discussIon was on further restricting the sIze of accessory buidlings. Councilman Orttel was opposed, preferring to have storage Inside of buildIngs rather than outside. He didn't think the garages were a problem, but that of running an Illegal busIness out of a resIdence. And home occupatIons are specifIcally covered In the ordInance. Counci Iman Apel felt the 10-foot setback works well in the urban area but not in the rural area. DIscussion was also on the ordinance requIrements of home occupatIons. Counc i I agreed the ordInance requIrements for home occupations were adequate and should be enforced. It was then suggested that the Planning and ZonIng CommIttee review the ordinance as to the square footage of accessory buIldings, recommending it be I imi ted to the first floor of two-story houses. It was also suggested the P & Z revIew the setback requIrements in the rural area. Regular City Council MeetIng Minutes - Apri] 19, 1988 Page 4 (Rauen/Wicklund Discussion, Continued) MOTION by Orttel, Seconded by Apel, to dIrect the Planning and ZonIng Commission to review the setbacks In the R-l zone plus eliminating the second floor of homes when consIderIng square footage of accessory buIldings. Motion carried unanimously. PUBLIC HEARING/VACATION OF EASEMENT/OAK BLUFF MOTION by Orttel. Seconded by Apel, that we contInue the public hearIng on the vacatIon of easement In Oak Bluff to the fIrst regularly scheduled meeting In Mal'. DISCUSSION: AI Hamme I , developer, was hoping the Council would approve the vacation subJect to the filing of the final plat. He is in the process of acquiring the Oak Bluff plat, but the abstract shows a title defect because of that easement. Councilmen Apel and Orttel WITHDREW the Second and the Motion. MOTION by Orttel, Seconded by Apel, a Resolution vacatIng a draInage easement on Out lots A and B, Oak Bluff as p~epared. with the following addI tion: under the final Be it Further Resolved, that we would add It Is subJect to the completion of the Development Agreement and the orderIng of the proJect for publIc Improvements In the area. (See ResolutIon R055-88) MotIon carrIed unanImously. WOODLAND MEADOWS STREET LIGHTING Mayor WlndschItl noted there are about five people who are opposing street lIghtIng In Woodland Meadows; everyone else Is In favor. Attorney Hawkins advised the City can assess the installation of street lighting but has no authorIty to levy charges for the maintenance of street lightIng like It does for sewer and water. If a resident does not pal' for the maIntenance, the City has no ability to add It to the taxes as it does the other utilities. Other cIties generally take the maintenance out of the general revenue budget. He suggested requIring developers to place a special convenant on the deeds which authorizes the CIty to bIll for street lIght maintenance. Mr. Schrantz advised that Is being done in all new plats. CouncIlman EllIng noted most of those opposing don't live on the lots and are not in favor of paying for It. He thought the installation of street lots would help with the crime situation in that area. Larv Carlson. Woodland Development - took the position he would vote his lots wIth the maJorIty, and he took one vote for all the lots he owns. If there is anything he can do to help, he wouJd be willing to do It. Regular City Council Meeting Minutes - AprIl 19, 1988 Page 5 (Woodland Meadows Street Lighting, Continued) Mr. Carlson stated he would be willing to take on the responsibility of paying the maintenance on the vacant lots for 5 years, but he couldn't do it forever. Mayor Windschitl felt the correct method would be to have everyone in the development sign a covenant to their deed allowing the City to bill for street light maintenance. Bvron Westlund of Woodland Development - said most of those opposing liked the design of the street lighting but didn't feel they were receiving any benefIt. Councilman Ape] suggested It Is an overall benefit to the neighborhood. Discussion was on the mechanics of getting everyone to file a convenant to their deed. Rav StacherskI. 2156 176th Lane - stated most of the people were really In favor of street lightIng. But he dIdn't know what the feeling would be about filing a covenant or If he would get the same number of signatures. He also related several incidents in their neighbood where they mal' have been able to obtain license plate numbers or avoid the situation altogether fr there were street lights In their area. After further dIscussion, It was agreed Councilman Elling, Mr. Carlson, Mr. Westlund and Mr. Stacherskl will attempt to get the signed convenants from everyone In the development. MOTION by Apel, Seconded by Orttel, that we contInue this item to the next regularly scheduled meeting. Motion carried on a 4-Yes. I-Present (Elling) vote. Later In the meeting Attorney Hawkins advised, in reviewing the statutes, he discovered a method whereby the City Is authorized to bi II for street lighting maintenance. Council agreed to discuss It further at the Mal' 2 meeting. WOODLAND DEVELOPMENT SKETCH PLAN - TIMBER TRAILS Council reviewed the sketch plan of Timber Trails off 174th between 178th and Seventh. Byron Westlund of Woodland Development explained the property is zoned R-2 and should be changed to R-l. Council dIdn't think that was an Issue, as onlY 2 1/2-acre lot development is allowed In that portIon of the CIty. Mr. Westlund proposed the plat be developed In two phases. The southern half will be plated as Phase 1 of 28 two-and-a-half-acre lots. The concerns are Lot 3, Block 4 that will front off 174th, and Lot 3, Block 5 and Lot 1, Block 4 will require a variance because of frontage. Regular City CouncIl Meeting Minutes - April 19, 1988 Page 6 (Woodland Development Sketch Plan, Continued) Lary Carlson, Woodland Development, thought the roads had been cut through the area for about 12 years, and they wi II try to stay on them because it is a forested area. Mayor Windschitl stated many of the residents In the area think that Lots 1 and 2 of Block 5 are a cIty park, thinkIng they mal' want to explore that issue with the Park Board. Mr. Carlson stated he lives in that area and is aware of that si tuation. He stated no one has used it except for crossing with bikes, etc. They would prefer to keep them as lots. The City has a slmiliar park around 173rd. Mayor WI ndsch I tl was concerned about creating a landlocked piece of property to the north of Zenia, feeling access needs to be provIded for that property even If a variance Is needed to do so. M.. Carlson agreed to provide access to that land, preferring to have access from the north. Mayor Wlndschltl also thought this proJect would necessItate the blacktopping of Aztec down to the corner because If It Isn't done with thIs proJect, there wouldn/t be much assessable frontage left on that portion of the road. M.. Carlson didn't have a problem doIng that with his proJect, as he felt he could do It at a lower cost than the City; but he wanted to know how he could get some recovery from those on the other side of the street. Attorney Hawkins advised that in order to assess it, I t must be done by the City. Counc i I thought it would be very expensive to do that portion as a separate proJect. It was agreed Mr. Car I son wi I I look into that further. M.. Haas asked the Council's opinion on the triangular-shaped lot in the middle of the plat. He had a drawing to eliminate that and creating two lots which would be more desirable lots. This adds one more lot to the plat, but variances mal' be needed for some of the lots. Mr. Carlson stated the average lot size is 2.86 acres. They would prefer the rectangular lots but didn't know if the Counc i I would agree to varyIng the lots In that block. They would be 2.2 acres but are all high ground. Counc I] agreed to eliminate the triangular lot, preferring the rectangular lots instead. The developers were advIsed to proceed to the Planning and Zoning CommIssion and Park and Recreation CommissIon. Regular CIty CouncIl Meeting MInutes - April 19, 1988 Page 7 RICCAR HEATING VARIANCE MOTION by Elling, Seconded by Knight, a Resolution approving a variance requested by Rlccar HeatIng and AIr CondItioning for front yard setback on Lot 1 , Block 1 , Andover Commercial Park. (See Resolution R056-88) Motion carried unanImously. ASSESSMENT ABATEMENT Mr. Schrantz explained the Installation of water along Crosstown Boulevard was considered a trunk line extension. No one was assessed except those who petitioned to hook up. Mr. Esselman petitioned to hook up the lot wIth his house on It, but not for the vacan t. smaller parce I . M.. Schrantz stated the smaller parcel was assessed by mistake; and to treat everyone along that line the same, the Staff Is recommending the assessment be abated on the smaller parce]. At the time all lots are assessed in the area, that lot wi II also be assessed. Counc i I was concerned about inconsistences in the the assessment of wate.. M.. Schrantz explaIned thIs lIne was put In as a change order and the intent was not to assess anyone for the extensIon of the water trunk up Crosstown. No publIc hearing has been held to assess those Jots. MOTION by Knight, Seconded by Elling, that we abate the entire assessment for PIN 34 32 24 22 0002 under Fund 1448 in the amount of $3,200. Motion carrIed unanImously. GOPHER BOUNTY Lester Peterson. Constance Boulevard - presented a petition to the Anoka County Board wIth 626 signatures, and the Board passed a Resolution to pal' $1.50 per pocket gopher. He read a copy of the petition asking for a $3 bounty on al I pocket gophers, a letter from the Anoka County Electric Cooperative on the damage and destruction of their underground services by the pocket gophers, and a letter from the County Agent on the damage and nuIsance to plants and seedlings from the pocket gophers. Because the Item had not been budgeted, it was agreed to pay the 75 cents which wIll be reimbursed by the County. Also, because of the problems thIs created for the Staff In the past. it was suggested trying what Is done by Ramsey regarding the freezing of gopher feet. MOTION Ape I, Seconded by Elling, a Resolution adopting this measure and get LId of the pocket gophers and that the total CIty bounty would be 75 cents; that they must be frozen and In plastic bags and delIvered to the City Clerk for countIng. Motion carried unanimously. Regular CIty Council Meeting Minutes - AprIl 19. 1988 Page 8 APPROVE PURCHASE AGREEMENT/COMMERCIAL PARK MOTION by El ling. Seconded by Knight, that we approve the Purchase Agreement between Michael Stewart and the City of Andover for Lot 3, Block 1 of the Andover Commercial Park. Motion carried unanImously. CROCUS STREET LOT It was determIned there have been no sewer and water assessments levied agaInst the lot. The lot would have a sewer, water, and street assessment in the future. It was noted the easement for the culvert from 140th and Crocus to the creek must be Included In the agreement. MOTION by EllIng, Seconded by Knight, to approve the Purchase Agreement for R & B Investments and the City of Andover for PIN No. 33 32 24 24 0001 with the addition that the storm sewer easement be shown on the northerly portion of the lot to be Included by the Attorney for a value of $19,126. Motion carried unanimously. ANDOVER VOLUNTEER FIRE DEPARTMENT Assistant Fire Chief Glen Smith presented quotes for the conversion of the equipment van. The lowest quote is from L.A.W. Machining & Mfg.. but it Is relying on a lot of labor done by the Fire Department personnel, on Mr. Walkner donatIng his time, and on engineering and parts at cost. He asked for Council approval of the L.A.W. Machining quote because it is the most realistic. Mr. Smith noted there will still be additional costs for the van for lettering and radios. Counc i I asked whether the item has been budgeted for. Fire Chief Bob Palmer stated the treasurer was going to check on the funding, but he does not have that information yet. There are funds left over from last year. Mr. Smith thought there may be some funds left over from some of the other department budget Items as well. LeRov Walkner. L.A.W. Machinlna - explaIned his quote is not quite the same as the others because it takes into account the work that will be done by the Fire Department, the donation of his time. and the price of other Items at cost. The others address the complete unIt per the specifications, and he thought those quotes were very reasonable. MOTION by Orttel, Seconded by Knight, tha t the Counc II authorize the equipment van conversIon to be completed by L.A.W. MachinIng & Mfg in Roseville for a quoted price of $17,645; subJect to the proper funding being determined by the Fire Department; and recognIze that this price contemplates the fIrefIghters doing a large portion of the work involved wIth the conversion. Motion carried unanimously. Regular City Council Meeting Minutes - AprIl 19, 1988 Page 9 (AVFD, Continued) Chief PaJmer reported the 6-wheel drive is no longer operable, asking for guidance as to what direction to take. Mr. Smith stated he has been working with Barnett Jeep Renault in Coon Rapids to obtain a quote for a Jeep with a V-6 engine. They would have to put a pumper In the back and it needs to have a heavy suspension to handle that weight. He estimated It would be about $20,000 to have a completed unit with radio, pumper, and lighting. If they got a Jeep, they would use it instead of a 6-wheel drive vehicle. M.. Smith stated no one has been able to find a used 6-wheeJ drive that would be available to the City. If they could located a cab and chasis truck with 5-ton wheels, a military type vehicle, they would use the tank from the present vehicle on It. After some dIscussion. Counc II generally preferred to have another 6-wheel dcive vehicle. It was agreed the Council and Fire Department wi II continue looking for a used military-type vehicle through the National Guard. etc. This Item is to be added to the April 26 meeting. Chief Palmer then reviewed the Incident of the Fire Department using the Public Works tanker over the weekend. Councilman Orttel dIdn't feel there would be a problem with Insurance coverage if the tanker were used occasIonally for fIre fighting. The biggest concern Is when does "occasional" use end to reclassify the truck as a fire vehIcle. After some discussion, Counc I I agreed some policy must be established regarding the use of Public Works vehicles by the Fire Department, who is authorized to operate them. procedure for notification, etc. It was agreed that Mr. Schrantz. M.. Stone, and Chief Palmer will draft a policy for Council consderatlon. Mayor Wlndschitl felt there should be a written policy regarding the coverage of the Ci ty in the event of a mutual aid cal I, the City's mInimum coverage, and what vehicles can leave the City on mutual aid calls. Chief Palmer and those other firefighters present explained the CI ty is always covered. and It Is standard procedure to have other cities come In to man your fire stations while you respond to a mutual aid call. Counc i I asked to be provided with a copy of the mutual aid agreement to review. SALE OF LOT/NORDEEN'S ADDITION Janet Leach. Sundial ReaJtv - explained Steve and Lynn Michaels are offering to purchase Lot 1 . Block 1 , Nordeen's AddItIon. 464 157th Avenue, for $13,500. Attorney Hawkins noted the appraisal was for $15,500, but the City CouncIl has the authorIty to sell I t for whatever value it determInes reasonable. Regular City Council MeetIng MInutes - April 19, 1988 Page 10 (Sale of Lot/Nordeen's Addition. Continued) Attorney Hawkins also noted If the City would list it with a realtor, there would be a realtor's fee on i t as we I I . M.. Michaels - explained there mal' be some septic system removal and he mal' have to cap the existing well, which Is another expense. He thought he was acquiring the lot as is. Ms. Leach also asked that the purchase agreement state that it is a buildable lot as is. The reason they came In at this time is so they can begin construction and be completed by July 30. Attorney HawkIns stated he would need to review the purchase agreement. Also, the taxes would have to be pro-rated and the City would not be responsible for the realtor's commission. MOTION by Elling, Seconded by Apel, that we sell the lot for $13,500 to Steve and Lynn Michaels, contingent upon the Attorney and a satisflcatory purchase agreement. Motion carried unanimously. Counc i I also agreed to discuss the sale of the remaining City lots in Nordeen's Addition at the AprIl 26 meeting. RELEASE ESCROW/NORTHGLEN 2ND ADDITION MOTION by El1lng. Seconded by Knight, that we refund the escrow balance of $29,579.20 to Good Value Homes. Motion carried unanImously. RELEASE LOT 1. BLOCK 1. HIDDEN CREEK MOTION by Elling, Knight, that we would release Lot 1 , Block 2 of Hidden Creek to Good Value Homes that is no longer needed. Moti on carried unanimously. AWARD BID/PROJECT 87-11 M.. Rodeberg revIewed the bid received for ProJect 87-11, Elementary School Utilities. with the low bid of C. W. Houle, I nc.. for a total bid of $991,386.55, which includes the storm sewer assessment alternate bid for an outlet to Coon Creek. The Coon Creek Watershed Board has Indicated they will construct a pond this year in Oak Colony Estates. They wi I I be sending a letter to that affect. He recomended the City award the contract to the low bidde.. The storm water portion of the Project, DivIsion IV. can be awarded later after the letter has been received from the Coon Creek Watershed Board. ReguJar City Council MeetIng MInutes - Apri I 19. 1988 Page 11 (Award BId/ProJect 87-11, Continued) MOTION by Orttel. Seconded by Knight, a ResoJutlon accepting bids and awarding contract for the improvement in the area of the elementary school and surroundIng development as prepared, and note that the bid Is awarded to the apparent low bidder of C. W. Houle, I nc.. for a dollar amount of $858.629.80 for: DivisIons I - I II; and direct the City Clerk to return to al J bidders the deposits made with their bids, except that deposit of the successful bidder and the next lowest bidder. (See Resolution R057-88) Motion carried unanImously. AWARD BID/PROJECT 87-10B Mr. Rodeberg reviewed the bIds received for ProJect 87-10, the constructIon of WeJI Pumphouse No. 3, and recommended awardIng the bId to the apparent low bidder of Orr Construction for $145,391.00. MOTION by Knight, Seconded by Elling, to so move. (See Resolution R058-88) Motion carrIed unanImously. CCO/BARBAROSSA/STORM DRAINAGE (Mayor WindschitJ stepped down. Acting Mayor OrtteJ conducted this portion of the meeting.) Mr. Rodeberg explained the proposal was to extend the storm sewer from the Red Oaks Manor north pond, through Kensington Estates 3rd Addition. through The Oaks park, and to the existing storm sewer lIne on Crosstown Boulevard. They are plannIng to construct the curb on Crosstown Boulevard Thursday, and they would like to put the section of the storm sewer underneath Crosstown Boulevard at this time so the road does not have to be tore up in the future. M.. Rodeberg asked for authorizaion to have Burt KraabeJ construct that portIon of the pipe for $2,300. There mal' be one addItional piece of pIpe that mal' have to be put in for another couple hundred do I I ars. MOTION by Knight. Seconded by Apel. to so move. Motion carried on a 3-Yes, 2-Present (Elling, Wlndschltl) vote. (Mayor Wlndschltl returned to chaIr the meeting.) Regular City Council Meeting MInutes - April 19, 1988 Page 12 ACCEPT REVISED FEASIBILITY/87-11B/STORM SEWER Mr. Rodeberg recommended approval of the resolution accepting feasIbility study, waiving public hearing, ordering Improvement and directing preparation of plans and specifications for the improvement of storm drainage for ProJect 87-11B. MOTION by KnIght, Seconded by Apel, to so move. (See Resolution R059-88) Motion carrIed unanimously. MINING PERMIT/SITE ORDINANCE DISCUSSION Mayor Wlndschltl suggested adopting a polIcy that would ensure that the neighborhood after a mining permit would conform to existing neighborhoods; that the mining permits would be looked at from the standpoint of providing community good; and to restrict any of the excess fIll to an Andover development rather than allowing it to be trucked out of the CIty. Several Councilmen agreed the fIll should remain in Andover, as it will be very expensIve to brIng fIll In for City proJects. CouncIlman Orttel thought the City could only requIre the fIll to remain in the cIty If the CIty purchased the rights to It. He thought the property owner should have some say over where his fill goes. He did agree the City should control the safety, traffIc, reforestation, etc., of the mining of fill, referencing Ham Lake's ordinance regarding that matter. It was suggested Ordinance 8 regarding mining and Ordinance 10 regardIng plattIng be corrected to control those factors of mining such as vegetation, traffic, etc. Also, the number of yards to be removed should be reviewed. MOTION by Elling, Seconded by Orttel, to refer to the Planning and Zoning to look at Ordinance 10 and the mining of Ordinance 8, and to talk to other cities regarding mining. MotIon carried unanimously. RECEIVE FEASIBILITY/STATE AID/TULIP STREET MOTION by EllIng, Seconded by Knight, a resolution receiving feasIbIlIty report and cal lIng publIc hearing on improvements of street construction, ProJect No. 88-9 in the Tulip Street from 157th Avenue to 161st Avenue area. (See ResolutIon R060-88) Motion carrIed unanimously. (The date of the publIc hearing was set for Mal' 12 later in the meeting.) Regular City Council Meeting Minutes - Apri I 19, 1988 Page 13 RECEIVE FEASIBILITY REPORT/STATE AID/UNIVERSITY AVENUE MOTION by Elling, Seconded by Orttel. a resolution receiving report and calling public hearing on improvements of street construction. ProJect No. 88-10 In the University Avenue from Andover Boulevard to 151st Avenue area. (See ResoJutlon R061-88) Motion carried unanimously. (The date of the public hearing was set for Mal' 12 later In the meetIng.) Mayor WindschltJ asked for a motion directing the attorney to draft a Joint powers agreement with the City of Ham Lake regarding the University Avenue proJect. MOTION by Orttel, Seconded by KnIght, to so move. Moti on carr i ed unanimously. ATV DISCUSSION MOTION by Knight. Seconded by Orttel. that we send thIs item to the P & Z. Motion carried unanimously. Counc i J recessed at 10:34, then went Into closed session with the Attorney regarding the Sonsteby lawsuit; reconvened at 11 :06 p.m. DISASTER PLAN AMENDMENT MOTION by E11ing, Seconded by KnIght, Page 3 of the Disaster Plan, strike out the last sentence of the second paragraph. "under no circumstances do they (Council) report to the emergency scene." Motion carried unanimously. Counc il asked why the fire station or Crooked Lake School were not included as an alternate administrative headquarters and whether permission has been receIved to use those listed. M.. Almgren explained the fire statIon was not listed because the thought was if the Ci ty Hal I was not avaIlable It would be because the dIsaster would be in the Immediate area. Crooked Lake is not listed because the prIncipal would not give permission to use the school. Counc I J suggested the use of both Crooked Lake and the new school be looked at further. SURVEY KELSEY PARK MOTION by EllIng, Seconded by Knight, that we hire Lot Surveys Company to survey Kelsey Park for $1,750, funds to be taken out of the Park Board budget. Motion carried unanimously. Regular City Council Meeting MInutes - AprIl 19, 1986 Page 14 MSA STREET DESIGNATION MOTION by Elling, Seconded by Knight, a Resolution establishing Municipal State Aid Street as presented (See Resolution R062-88 designating 167th Avenue NW between Ward Lake Drive and CSAH 9; and University Avenue from 157th to 166th Avenue as MSA streets) Motion carried unanimously. DECLARE ADEQUACY OF PETITION Council directed the norma] policy be fol lowed rega,ding the cost of pushing the line under Round Lake Boulevard to serve the lot and the assessment of the easement. Council was confused as to whether Ms. Sonsteby wanted the costs assessed or wanted to waive the public hearing and pal' for the costs outright. MOTION by Ortte], Seconded by Elling, to accept the petition from Rosella Sonsteby for water servIce to the property located at 14244 Round Lake Boulevard; and note that the item will be held until the petItIoner advises us of her intentions eIther to pal' for the improvements and to waive the public hearing or to ask for the pUblic hearing for the improvement. (See Resolution R063-88) MotIon carried unanimously. APPROVE FINAL PLAT/KENSINGTON ESTATES 2ND ADDITION (Acting Mayor OrtteI chaired this portion of the meeting.) MOTION by Apel, Seconded by Knight, a Resolution approving the final plat of Kensington Estates 2nd Addition as being developed by Jerry and Carol Windschitl in Section 27 32 24. (See Resolution R064-88) Motion carried on a 3-Yes, 2-Present (Elling, Windschitl) vote. (Mayor Wlndschitl chaired the remainder of the meeting.) APPROVAL OF MINUTES MOTION by Knight, Seconded by Apel, approval of Special Meeting Minutes for December 29, 1987; Regular Meeting of January 5, 1988; Regular Meeting, February 2; Special Closed Meeting, February 2; Special Meeting, February 9; Regular Meeting, February 16; Special Closed Meeting, February 16; Special Meeting, March 8; Regular Meeting March 15; Special MeetIng, March 21; and Regular Meeting, April 5, 1988. Motion carried unanImously. MOTION by Knight, Seconded by AprIl, approval of Regular Meeting Minutes of March 1. Motion carried on a 4-Yes, I-Present (Windschitl) vote. Regular City Council Meeting Minutes - AprIl 19, 1988 Page 15 APPROVAL OF CLAIMS MOTION by Elling, Seconded by Apel, approval of Checks 14438 through 14528 for a sum of $257,463.31. MotIon carried unanImously. PUBLIC HEARINGS - TULIP AND UNIVERSITY. CONTINUED MOTION by Knight, Seconded by EI ling, to schedule the publIc hearings for Tulip Street and University Avenue for Mal' 12 following the Board of Review. MotIon carried unanimously. MOTION by Knight, Seconded by Orttel, to adjourn. Moti on carr I ed unanImously. Meeting adjourned at 11:32 p.m. Respectful II' submitted, \~dL:-~\ ':2L- Marc a A. Peach RecordIng Secretary