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HomeMy WebLinkAboutCC August 16, 1988 - rCA CITY of ANDOVER ." 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - AUGUST 16, 1988 - AGENDA 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Public Hearing/88-1/Crosstown Blvd. 8:00 P.M. 5. Discussion Items a. Mamlock Fencing, Cont. b. Ordinance 10 Amendment c. ATV/Snowmobile ordinance, Cont. d. Non-Domesticated Animal Ordinance, Cont. e. Ordinance 40 Amendment, Cont. f. Ordinance 78 Amendment, Cont. g. Coon Creek Regional ponding, Cont. h. Bent Creek/Receive Revised Feasibility 1. Woodland Terrace Street Lights/Receive Petition & Order Feasibility j. Woodland Terrace Traffic Control k. Hidden Creek/Receive Petition for Street Lights l. Request Speed Study/Bunker Lake Blvd. m. Request Speed Study/Fox Street n. Approve CCOs/87-3B; 87-10B; 87-11; 87-32 o. Harstad Sketch plan 9:00 P.M. Closed Meeting With Attorney 6. statf, Committee, Commission a. Award Bid/Garage b. Approve Fire Dept. Burn c. Approve Election Judges d. Peddler Ordinance Clarification e. Junkyard Report 7. Non-Discussion Items a. Approve plans & Specs/88-14 & $8-18 b. Creekhaven Final Plat c. Award Bid/88-13 d. Accept Easement/88-10 e. Award Bid/88-17/Red Oaks 5th f. Award Sealcoat Bid g. Order Preparation of Assessment Rolls 8. Approval of Minutes 9. Approval of Claims 10. Adjournment J;':" - (CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - AUGUST 16, 1988 MINUTES The Regular BI-MonthlY Meeting of the Andover City Council was called by Mayor Jerry Wlndschitl on August 16, 1988, 7:30 p.m., at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Apel, Knight. Orttel CouncIlmen absent: EI lIng Also present: CIty Attorney, WIllIam G. Hawkins; TKDA Engineer, John Rodeberg; City EngineerIng Technician, Todd Haas; City Administrator, James Schrantz: and others AGENDA APPROVAL Mayor Wlndschltl asked for a motIon to approve the Agenda wIth the addition of Wobegon Woods under Item 7g. MOTION by Knight. Seconded by Orttel, to so move. Motion carried unanimously. ORDINANCE 10 AMENDMENT Mayor Windschitl asked for a motion to table the discussion on the amendment to the next work session. MOTION by Orttel, Seconded by Apel. to so move. Motl on carr I ed unanimously. ATV/SNOWMOBILE ORDINANCE Mayor Wlndschltl noted a provision asked for by the Park Board which was not recommended by the Planning Commission. that of having the ability to designate park land where trails could be built. As written, he felt the ordinance would prohIbit the operation of snow- mobiles on the trails in the county park of Bunker Hills. He thought It would be better to control It by designating areas of land that can be used rather than having snowmobiles run all over private property. The Attorney recommended the following clarification In Section 3. B.: No person sha II operate an ail-terrain vehicle or snowmobIle within the City of Andover upon public lands or property, except snowmobiles mal' be operated on desIgnated snowmobile trails or accesses thereto. MOTION by Orttel, Seconded by Knight, Introduction of an Ordinance adopting regulations tor the operatIon of a]l-terrain vehicles and snowmobiles within the City of Andover as amended. Motion carried unanimously. Regular City Council Meeting Minutes - August 16, 1988 Page 2 NON-DOMESTICATED ANIMAL ORDINANCE MOTION by Orttel, Seconded by Knight, introducing an Ordinance regulating the keeping of non-domestIcated animals In the CIty of Andover as presented. Motion carried unanimously. ORDINANCE 40 AMENDMENT Counc i I felt there should be an abilIty to accelerate the hearing of an item if the time limitations would otherwise be exceeded. Attorney Hawkins then recommended the fol lowing clarification by adding Item 3 under Section III. D.: That the date may be altered to be ea.lier at the dIscretIon of the CIty Council. MOTION by Knight, Seconded by Apel. approval of this ordInance as presented here with the additIon by the Attorney. Motion carrIed unanimously. ORDINANCE 78 AMENDMENT MOTION by Knight, Seconded by Apel, approval of the amendment to Ordinance 78A, the Commercia] Building Design Standards Ordinance of the City of Andover as presented. Motion carried unanImously. COON CREEK REGIONAL PONDING The Counc I I didn't feel they could adopt the proposed map because the pond locations were too vague. Mr. Schrantz dIdn't believe the Watershed Board knew any more other than a demonstrated need for so many acre feet of pondlng. The Counc i I thought the law says the adoption of this becomes the City's water management plan. and that plan must show how everything wi I I work. Counc i I did not have trouble makIng a statement that the City wi I I comply with CCWB's 509 Plan and provide so many acre feet of storage, but they could not adopt the map because it is not specific. Winslow Holasek - thought the cross-hatched ponds are the regional pond and the one in black is the one on Andover Boulevard. He strongly dIsagreed with the location of the ponds, as they show 30-acre feet on top of his field. He also reviewed the difficulty the Watershed Board Is having of locating a pond In Blaine for the Olympic Stadium. It was then agreed the City Engineers will research the matter and gather mo.e informatIon. MOTION by Apel. Seconded by Knight. that we again tabJe thIs Coon Creek Watershed business until we get more information, and that the Staff work with the Engineers on the matter. Motion carried unanimously. - Regular CIty CouncIl MeetIng Minutes - August 16, 1988 Page 3 BENT CREEK/RECEIVE REVISED FEASIBILITY Mr. Rodeberg reviewed the feasibIlIty report using only two lots for Tom McCabe. Mr. McCabe Is following the advice of the Coon Creek Watershed Board that he could only get two lots there because of their easement, and he didn't want to challenge the Watershed Board on the matter. Mr. McCabe was not present at this meeting. The Council disagreed with the Watershed Board's claim of 100 feet of easement on either sIde of the creek, thinking It Is absurd for them to have 200 feet of easement along the creek. They also noted only the City has the authority to determine the subdivision of lots. It was suggested the Item be looked Into further and the Watershed Board asked to JustIfy that posItion, as It really Is a City-wide Issue. Mr. Holasek - stated he was at the Watershed Board meetIng when this was dIscussed. reportIng Mr. McCabe told the Board the CIty wouldn't consider the lot buIldable If the exIstIng house was destroyed. So the Board told hIm to make It one lot. Mr. Haas stated the BuildIng Official had told Mr. McCabe about the 75-foot setback along the stream. The CouncIl couldn't conceIve of any Council denying another permit to construct on the present location If the present house was destroyed, even If some varIances were needed. Mr. Schrantz stated Mr. McCabe is aware of the costs and was told the CIty disagrees with the Watershed claIm, but Mr. McCabe has stated he stilI wanted to go with the two lots. MOTION by Orttel, Seconded by KnIght, that we accept the feasibilIty report on Bent Creek Estates, ProJect 88-20, as presented. (See Resolution RI78-88) Motion carried unanimously. WOODLAND TERRACE STREET LIGHTS/RECEIVE PETITION & ORDER FEASIBILITY Mr. Haas asked to table the item, as apparently another petItIon Is being cIrculated for the 5th AdditIon. MOTION by Apel, Seconded by Orttel, that we table the Woodland Terrace street lIght petItIon untIl we receive the results of the lower portIon of it and the petition that Is beIng sent around. MotIon carrIed unanImouslY. WOODLAND TERRACE TRAFFIC CONTROL MOTION by Orttel, Seconded by KnIght, that the Council dIrect Staff and Sheriff's Department to study the Woodland Terrace area and make recommendations back to the CIty CouncIl for stop sign locations if they are deemed necessary. MotIon carrIed unanImously. Regular City Council Meeting MInutes - August 16. 1988 Page 4 HIDDEN CREEK/RECEIVE PETITION FOR STREET LIGHTS MOTION by Orttel, Seconded by Knight, introducing a Resolution declaring adequacy of petition and ordering preparation of a feasibility report for the Improvements of street lighting, ProJect No. 88-27, in the Hidden Creek area as presented. (See Resolution R179-88) DISCUSSION: Jan Anderson. 13683 Yukon Street NW - explained the color coding on the map of their subdivision, noting the front part of the development had an overwhelmIng maJority showIng interesting In the proJect. It has been recommended that the location along 135th Lane would be a cut-off poInt. Mayor Wlndschltl explaIned the CIty has the abIlIty of splIttIng a proJect. Steve Youts. 13691 Yukon - asked how long a feasibility study wi I I take. Mayor Windschitl didn't think it would take very long. but noted the problems recently encountered wIth the electric company regarding up-front charges. Ms. Anderson - asked If they will be notified after the feasIbility study. Mayor Windschltl stated yes. Georae Osel I. 2515 134th - asked if It is possible to put street lights up to 135th. Mayor Windschitl stated yes, recommending a petition also be circulated In that area so the Council has an indication of the residents' interest. Motion carrIed unanimously. PUBLIC HEARING/88-1/CROSSTOWN BOULEVARD Mayor Windschitl called the public hearing to order at 8:09 p.m. Mr. Rodeberg reviewed the feasibility report of the reconstructIon and storm sewer line along Crosstown Boulevard from 140th to 139th. The total storm sewer cost is estimated at $80,000, but the county will pick up about $52,000. The City's share is $29,000, a portion of whIch is to be assessed to the residents. If it were totally assessed, It would result In approximately $1,700 per lot. He understood the notices went out for an assessment of approximately $100 per lot. Attorney Hawkins noted the City needed to run the 429 procedure and assess someone because the bonds were sold on the basis that It would be a 429 proJect. It is up to the Council to determine who or how much will be assessed. Regular City Counci! Meeting MInutes - August 16, 1988 Page 5 (Pub]lc Hearlng/88-1/Crosstown Boulevard, Continued) CouncIlman Orttel noted there were no assessments on the other portIon of the Improvement because the CIty picked up the cost out of the State AId account. He suggested not assessing any of the abuttIng property owners but assess only the CIty property for some portIon of the costs. At some poInt the Counc I I shou]d determIne a specIfIc po]icy on trunk sewer along county roads so the residents are aware of what will happen. The other Counci!men agreed not to assess abuttIng property owners but only to assess the City property. The State Aid fund would pIck up the shortage. Mayor WIndschitl briefly reviewed the p!ans for the construction of the relocated Crosstown Boulevard south of 139th through the lowland and its continuatIon through Coon Rapids. and the county long-range plans for intersections to County 242, the new RIverdale shopping center, and Highway 10. The residents wi I! not lose their driveway access onto the road. M.. Rodeberg explaIned the conduit for stop lights is being installed at 139th and Crosstown so I ights can be instal led when the traffic warrants. For now, there wi I I be stop signs. Mayor Windschitl asked for a motIon to close the publIc portIon of the hearIng. MOTION by Knight, Seconded by Apel. to so move. Moti on carr i ed unanimously. MOTION by Orttel, Seconded by Ape!. a Resolution ordering the Improvement of streets and storm drainage constructIon for ProJect No. 88-1 In the Crosstown Bou!evard area from Bunker Lake Boulevard to 140th Avenue as presented. (See ResolutIon R180-88) MotIon carrIed unanimous1y. REQUEST SPEED STUDY/BUNKER LAKE BOULEVARD MOTION by Knight, Seconded by Apel, that we request MnDOT to do a speed study on Bunker Lake Bou!evard from Round Lake Boulevard to the Burlington Northern tracks. MotIon carried unanimously. REQUEST SPEED STUDY/FOX STREET MOTION by Orttel, Seconded by Apel. Introducing a motion directing the CI ty Staff to contact the Minnesota Department of Transportation to conduct a speed study on Fox Street from County Road 20 to Valley Drive. MotIon carrIed unanimously. Regular CIty Council Meeting Minutes - August 16. 1988 Page 6 APPROVE CCOs/87-3B: 87-10B: 87-11: 87-32 Mr. Rodeberg reviewed the proposed approval of the following change orders: IP87-3B - Change Order No. 4 for an additional amount of $17,836.71 IP87-10 - Change Order No. 1 for an addItIonal amount of $1,340.00 IP87-11 - Change Order No. 1 for an addItional amount of $968.00 IP87-32 - Change Order No. 1 for an addItIonal amount of $300.00 MOTION by Orttel, Seconded by Knight. that we approve all change orders presented by the City EngIneer on ProJect No. 87-3B, 87-32, 87-10 and 87-11. Motion carried on a 3-Yes, I-Present (Windschltl), I-Absent (EI ling) vote. MAMLOCK FENCING Mayor WindschItl noted the poInts brought out at previous meetings regarding the back yards of 136th Lane abuttIng a county road with the Commercial Park across from that. John Peterson. Good Value Homes - stated he talked to the Mamlocks regardIng the situation. He stated they do supply the final plat to all of their builders, thinking there could be no questIon that a county road was goIng to be constructed in that area. But there are so many representatIves, that they cannot be accountable for everythIng and could not guarantee that everything will be communicated to the buyers. Mr. Peterson thought one of the concerns was the resIdents did not receIve notIce about the rezonIng and the buIldIng goIng In across the street. Mayor WindschItl thought the formal rezonIng mal' have taken place before many of the people lived there. But the proper public hearings and notifications were maIled out. Mr. Mamlock - asked if the property owners across the road were notified. Mayor WlndschItl stated the mailing list Is on file at the CIty Hall and can be checked. Mr. Mamlock - understood about the road after the fact, stating nObody would pay $22,000 for a cuI de sac lot that abuts a highway with commercIal behInd it. He belIeves they were mIslead about the road going through. He is not lookIng to hIde the commercIal property, but Is lookIng at the safety factor of some car running off the road into their house. RIght now that road is like a drag st~Ip. Mayor WindschitJ noted the road has been designed as a maJor road. Regular CIty Council Meeting Minutes - August 16, 1988 Page 7 (Mamlock Fencing, Continued) M.. Peterson - stated there Is a pond In the back yard of the Mamlocks and an easement. He didn't think it is possible to berm off the right of way. But he would be willIng to bring In material and buIld a berm three to four feet high and to put topsoi I on I t and seed It both behind their building and at least one-half of the next lot. He thought that would do something to screen the headlights and the safety facto.. He would have to work out the placement of the berm with the City and the county. M.. Mamlock - stated that is what they wanted. At least I twIll deter cars from coming through their house. He also stated during the construction of the road, their property markers were knocked down. Mayor Wlndschltl stated the City has an obligation to replace them. M.. Mamlock - asked If they can apply for a permit to Instal I a fence on the berm when I t Is completed. Mr. Schrantz noted a fence must be 10 feet off the property line. Mayor Windschitl stated the Counc i I would be agreeable to the fence placed on the berm and that the Staff, the Mamlocks, and Mr. Peterson should work together to have the berm placed In the best location. MOTION by Ape I, Seconded by Knight. to allow the property owners to erect a fence on the berm if at all possible, and direct the Planning Commission to take up the question of a variance of the fence on the Mamlock property to conform with Minnesota Statutes and our Ordinance 8. to initiate a variance If needed. Motion carried unanimously. M.. Mamlock - asked what the speed wi II be on that road and when It wi I I be posted. Mr. Rodeberg thought the speed would be about 45 mph, and the sIgns should be up within the next week or so. HARSTAD SKETCH PLAN M.. Haas reviewed the comments of the Andover Review Committee. He also said the Planning Commission felt the same way about developing the commercial property and trying to eliminate the mix of commercial and residential traffic through the area. Rod Halverson. Midwest Land Survevs. representina Harstad - stated there are a lot of hardwood trees on the property. There is also a DNR protected wetland on the southwest portion of the site and a lowland runs off Hanson Boulevard. There is a lot of rolling terrain which lends Itself to single family development. M.. Halverson also showed an overlay of how little commercial area would be I eft where the southern cuI de sac Is proposed because of the protected wetland and the high water line. Because of that, he felt the area would best be served by residential. - Regular City Council Meeting Minutes - August 16. 1988 Page 8 (Harstad Sketch Plan, Continued) DIscussIon was on whether the Council Intends to stay wIth the commercial development concept prevIously adopted. Because the southern cui de sac Is currently zoned resIdential, several options were mentioned to add more lots to the plat and stIli retain some of the desIrable commercIal areas. Mr. Haas noted the Review Committee also felt the wetlands would make a natural buffer between the residential and commercIal. Mr. Halvorson also explaIned there Is a large low area Just west of Hanson Boulevard. and the proposed development ends on the slope to that low area. M.. Rodeberg also stated the area wll] be difficult to drain, not! ng It mal' be open ditches because there won't be any grade for the pIpe. Mr. Schrantz stated their problem was not wanting residential abu t t! n g a commercial roadway. As a compromise, he felt it would be agreeable to eliminate the cuI de sac on Lot 6 and remove those lots that face the main street, including the two lots facing the commercial road. He also felt the lots a]ong the ]andfll I wI I I need to be deeper, and therefore the entire plat moved south, because of the encroachment of the landfl I I upon this property. Counc II then made the following recommendation: that the proposed Block 6 be elImInated and made commercial, possIbly moving the road as far south as possible for more area north of the roadway; that the southern cui de sac be elIminated and the property used for commercIal; that the encroachment Issue of the landfll I be looked at closely so the lot abutting it will be deep enough; that the cuI de sacs on the northwestern portion of the resIdential area be redone and some resIdential be allowed In the northeastern portion of the property to make up for the loss of Block 6 and the southern cui de sac. Baslcal II', the developer was asked to work out the commercial area and buffer It from the residential area. Counc II also directed that the Jel]ison's be contacted about easement needed on their property for the other half of Jay Street, hoping something could be negotIated to have the entire street constructed through there. The plat can proceed through the hearing process. AWARD BID/GARAGE MOTION by Orttel. Seconded by Knight. that the garage be awarded for a bid of $52 to Gordon Hoppe of 15534 Kumquat Street NW. Motion carried unanimously. APPROVE FIRE DEPARTMENT BURN Counc I I dl rected Staff to see If a mobile home dealer would take the mobile home from the sIte. Regular City Council Meeti ng MInutes - August 16, 1988 Page 9 APPROVE ELECTION JUDGES MOTION by Knight, Seconded by Orttel. A Resolution appointing Judges for the prImary election to be held on September 13. 1988, In the City of Andover, notIng the revised list, as presented. (See Resolution R181-88) MotIon carrIed unanimously. PEDDLER ORDINANCE CLARIFICATION Counc I I felt the discussion at the time the ordinance was approved was to charge non-profit and relIgIous organIzatIons the same as anyone else. The Counc i I agreed with that provIsion. No action was taken. JUNKYARD REPORT Dave Almgren, Building Official, reported there are 30 to 40 Junk cars In front of Andover Auto Parts plus a large amount of tires piled up in the back. It has been the same problem with this yard year after year. Counc I I expressed frustration over continual noncompliance to the ordInance. Attorney HawkIns noted the procedure to closing such a busIness for operating without a license. Counc i I discussion was also over the growing problem of tires being accumulated here and at other yards. Councilman Orttel suggested the City establish a monthI' or bi-weekly inspection of the yards to be sure they are in compliance. Mr. Schrantz also noted the Waste Management Board has suggested the City start enforcing Its own ordinance regarding the tire accumu]atlons, Junk In easements, firelanes, etc. MOTION by Orttel, Seconded by Knight. approval of license for RI te Away Auto Parts based upon the Inspections and the fact that their fees were paId and bond and Insurance are current; and have the City Staff insert the specIfIc legal description of that Junkyard for the license approval. Motion carried unanimously. MOTION by OrtteI, Seconded by Apel. that we refer the matter of Andover Auto Parts violation of City ordinances to the CIty Attorney to begin prosecutIon. MotIon carried unanimously. Counc i I asked that the matter of tire piles accumulating In the City be placed on the next work session. ReguJar City Council Meeting MInutes - August 16, 1988 Page 10 ANDOVER TIRE TOWN/SOLID WASTE DISPOSAL LICENSE Counc i I noted the letter from the county regarding their processing of a solid waste disposal facility for tires. to store between 25,000 and 35,000 tires at Andover Tire Town. d'Arcy Bosel I, Zoning Administrator, has ta1ked with Dave Herman from the county about this matter, putting him on notice that It is not an allowable use in that area. It would be considered a Junkyard, and the City does not allow any more Junkyards to be established. He told her they are only finally gettIng around to licensIng an existing use. Her concern Is not only with the number of tires, but that there are no fire lInes wI thin the fenced area, vehicles with gas in them are stored in the buildIng, and the business has gone beyond what a tire shop Is supposed to be. MOTION by Orttel, Seconded by Knight, a motion referrIng the matter of Lou's Tire Town, or Andover Tire as is commonly known, to the CI ty Attorney for prosecution for operating a Junkyard in the City. DISCUSSION: Ms. Bose11 reviewed the background of the operation noting there were tires on the south and west side of the property when Panokin operated 1 t . When he was required to fence It, there were about 15,000 to 20.000 tires Inside. They were required to move the tires away from the buIlding and provide 20-foot fire Janes, which was done. However, those fire lanes no longer exist. By definition they are operating a Junkyard, which Is not allowed. The original Intent was the tIres were to be recappable casings. It has recently evolved Into something dIfferent in that they are accepting all types of tires. Counci1man Orttel also pointed out the problem of people dumping tires In Andover along the roads. He suggested installing signs. particuarly in the area of Hanson and Bunker Lake Boulevards. that it Is a crime to bring tires Into the City of Andover for disposal except by licensed haulers; and start licensing the haulers. He stated the City must start making a serious effort to stop the problem. It was agreed the Attorney and Ms. Bosell should work together to begin action to remove the Illegal tire pIles that have accumulated in the Junkyard area. Motion carried unanimously. MOTION by Orttel, Seconded by Knight. directing the Staff to prepare a Resolution stating to the County of Anoka that the City of Andover obJects In the strongest possible terms to the County of Anoka lIcensIng an IntermedIate SolId Waste DIsposal FacIlIty Waste Tire Transfer Station anywhere In the City of Andover, and specifically at Regular City Council Meeting MInutes - August 16, 1988 Page 11 (Andover Tire Town/Solid Waste Disposal License, Continued) the location Identified as Andover Tire Town at 13650 Hanson Boulevard, Andover, Minnesota, as Its use Is in conflict with all applicable City zoning and safety ordinances and regulations and that the City of Andover will use aJ] ]egal means avaiJable to it to oppose this issue. (See Resolution R182-88) Motion carried unanimously. Counc i I also directed Ms. Bosell to look Into a possIble i IlegaJ land transfer associated with Andover Tire. Jack McKe]vev - stated Lou's Tire Town has been taking all the salvage tires from several of the scrap yards In Minneapolis for the last three years, haulIng from these businesses every day. He was head of securIty of those scrap yards and saw the Lou's Tire Town, now Andover Tire Town, trucks in the saJvage yards loading tires every day wi th the agreement to take every type of tire. APPROVE PLANS AND SPECIFICATIONS/88-14 AND 88-18 MOTION by Orttel, Seconded by Knight, to so move. (See Resolution RI83-88: approve plans and specs for IP88-14; and Resolution R184-88: approve plans and specs for IP88-19) Motion carried unanimously. CREEKHAVEN FINAL PLAT M.. Haas asked If there would be park dedication on the Jot acquired from the City. Counc i I stated no because It was a lot of record. MOTION by Ortte]. Seconded by Apel, approval of the final plat of Creekhaven as being developed by Rand B Investments in Section 33, Township 32, Range 24, as presented. (See Resolution R185-88) Motion carried unanimously. AWARD BID/88-13 & 88-17 M.. Rodeberg reported American Contracting is the low bidder for both proJects; however, they are unbalanced bids. He has reservations about awarding the contract because of the problems encountered with finalizing other proJects. But he didn't feel there was enough cause for reJecting the bids. The bid prices for curb and gutter, Class 5 and bituminous are about one-half of the cost that It would take to do the work. Mr. Rodeberg was concerned about the possibility of the City upfrontlng the monel' and then American Contracting not completing the Job, havIng heard the company Is In flnanclaJ trouble. Regular City Council Meeting Minutes - August 16, 1988 Page 12 (Award BId/88-13 & 88-17, Continued) Mr. Rodeberg stated there were a number of problems with Woodrldge Acres regarding liens against the proJect. But in checking with Coon Rapids where American Just completed a Job, they thought I t was we I ] done and in a timely manner. The quality of their work has always been fine; i t Is a questIon of their reliability to complete the work and the question of the unbalanced bid. He thought there mal' be a provision In the contract that the bid price must reflect the cost to do that item, stating he will research that further. Representatives from both proJects stated they had no problem awarding the bId to American ContractIng. Counc II agreed to award the bId, directing the engineers to be as careful as possIble. MOTION by Orttel, Seconded Ape I , a Resolution accepting bids and awarding contract for the Improvement of ProJect No. 88-13 for streets. storm sewer, sewer and water construction in the area of Creekhaven as presented; and note that the low bidder was American Contracting for a dollar amount of $97,376.77. (See Resolution R186-88) Motion carried unanimously. MOTION by Orttel,~Seconded by Apel, the same Resolution for IP88-17, the Red Oaks 5th ADdition. again noting that American Contracting being the low bidder in the amount of $219,476.77. (See Resolution R187-88) Motion carried unanimously. ACCEPT EASEMENT/WARD LAKE DRIVE AND UNIVERSITY AVENUE MOTION by Orttel, Seconded by Apel, to accept the easements for Ward Lake Drive and University Avenue as presented. Motion carried unanimously. AWARD SEALCOAT BID MOTION by Orttel, Seconded by Knight, that the Counc II award ProJect 88-26, sealcoatlng streets, to Aztec for a do]lar amount of $59,551.26. Motion carried unanimously. ORDER PREPARATION OF ASSESSMENT ROLLS Mayor Wlndschit] asked for a motion to declare the cost, direct preparation of the assessment rolls, and order the hearings for Woodridge Acres/Creekside Estates, Shady Kno I I , The Oaks, and Wobegon Woods. It was agreed to hold the hearIngs on September 8, 1988. Regular City Council Meeting MInutes - August 16, 1988 Page 13 (Order Preparation of Assessment Rolls, Continued) MOTION by Orttel, Seconded by Knight, to so move. (See the following ResolutIons: R188-88: declare cost and direct preparation of assessment rol I, IP87-4 and 87-28, Woodrldge Acres and Creekside Estates R189-88: declare cost and direct preparation of assessment roll, IP87-7, Shady Kno II R190-88: declare cost and direct preparation of assessment roll, IP87-29, The Oaks R191-88: declare cost and direct preparation of assessment rol I, IP87-12. Wobegon Woods R192-88: set publIc hearIng on proposed assessment. IP87-4/87-28, Woodridge Acres/Creekside Estates R193-88: set public hearing on proposed assessment, IP87-7. Shady Knoll R194-88: set public hearing on proposed assessment. IP87-29, The Oaks R195-88: set public hearing on proposed assessment, IP87-12, Wobegon Woods) Motion carried carried on a 3-Yes, I-Present (Wlndschltl), I-Absent <Ell ing) vote. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Knight, approval of Claim Numbers 15067 through 15130 in the amount of $288,741.32. Motion carried unanimously. REFER SETBACKS TO P & 2 Mayor Wlndschitl noted the Staff has done the surveys among the various cities regarding setbacks. The suggest i on is to send it back to the Planning Commission wIth that research. MOTION by Orttel, Seconded by Apel. to so move. Motion carried unanimously. EROSION/WINSLOW HILLS WInslow Holasek - stated there is a problem with the City's main sewer contractor, showing pictures of the erosion created on his property. Ear II er when they dewatered, they dIdn't run the water down to the pond. They have an easement, but they dug a trench between the Regular City Council Meeting Minutes - August 16, 1988 Page 14 (Erosion/Winslow Hills, Continued) two easements on his property. There is considerable damage out there. The contractor never received their permit from the Coon Creek Watershed Board either. Also. when Andover Boulevard was blocked off, they drove around and destroyed the shoulders off Xeon Street; and nobody has corrected it. Counc I J directed Mr. Rodeberg to resolve the situation. MOTION by Orttel, Seconded by Ape!. to adJourn. MotIon carried unanimously. Meeting adJourned at 10:01 p.m. Respectfully submitted, ,\ . ->, ~l .'" ,! - 1-'-" _ ¡ \\o_,::...,-~Q<". C\...-\ :;<-c> _ Mar~la A. Peach Recor Ing Secretary