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HomeMy WebLinkAboutCC August 2, 1988 ....' .C}\ , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100 REGULAR CITY COUNCIL MEETING - AUGUST 2, 1988 AGENDA 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Liesinger variance b. Egart Variance c. Red Oaks Manor 6th Addn. Sketch Plan d. Red Oaks Manor 5th Final plat e. Lund's Evergreen 5th Final Plat f. Saarenpaa Lot Division g. All-Terrain Vehicle/Snowmobile Ordinance h. Non-Domesticated Animal Ordinance i. Ordinance 8 Amendment j. Ordinance 40 Amendment k. Ordinance 78 Amendment 5. Staff, Committee, Commission a. Septic FailurejNordeen Addition b. Request Speed Study/Narcissus st. c. Award Bids/Misc. Property d. Installation of Fire Hydrants/Fire Dept. e. Approve Junkyard License/ATV Salvage f. Resolution Consolidating Projects g. Set August Work Session h. Approve Sealcoat plan 6. Non-Discussion Items a. Approve Easement Acquisition b. Refund Escrow/Howard-Tempel Addn. C. Award bidjWoodland Creek 2nd 7. Approval of Minutes 8. Approval of Claims 9. Adjournment ~:<:.--- 'CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - AUGUST 2. 1988 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to o~der by Mayor Jerry Wlndschltl on August 2, 1988, 7:30 p.m., at the Andover CIty Ha]J, 1685 Crosstown Boulevard NW, Andover. Minnesota. Councilmen present: Apel, Elling, Knight. Orttel CouncIlman absent: None A]so present: City Attorney, William G. Hawkins; Assistant City Engineer, Todd Haas; PublIc WOrks SupervIsor, Frank Stone; CIty AdminIstrator. James Schrantz; and others RESIDENT FORUM Mayor Windschltl read a July 28, 1988. Jetter from County CommIssioner Natalie Haas-Steffen congratulating the Andover Fire Department for their efforts In putting out the fire at the tIre pile along Bunker Lake Boulevard. The Mayor then presented Fire Chief Bob Palmer with a plaque from the CIty CouncIl to the Fire Department for their out- standing efforts during that hazardous fire In July. Marian Heidelberaer - praised the Fire Department for their work In puttIng out that same fIre, expressIng her appreciatIon as well. Tom McCabe. 2732 Bunker Lake Bou]evard - stated he had asked a number of questions regarding the Bent Creek Estates plat with reference to assessments, etc. He has not yet ~ecelved an answer from the City. Mr. Schrantz explaIned he met wIth John Rodeberg, TKDA, today, and worked out the cost fIgures using a number of different scenarIos. He wIll have that informatIon typed up and will contact Mr. McCabe as soon as possible. Mr. McCabe - stated now the Coon Creek Watershed will not allow the third lot on hIs property because of their 100-foot easement. Mayor Windschi t I noted the final decision for lot splits rests with the Council, as the watershed board does not have JurIsdiction over lot splits. The easement Issue has been around for awhIle which must be addressed by the watershed board. Councilman Ortte] thought the easement would only affect the lot on which his house Is located and would not Involve the newly proposed lots. AGENDA APPROVAL It was agreed to add Item 41, Tonson TIre OperatIon. MOTION by Knight, Seconded by EllIng, to approve the Agenda as amended. MotIon carried unanImouslY. Regular CIty CouncIl Meeting Minutes - August 2, 1988 Page 2 LIESINGER VARIANCE James Lleslnaer - stated he has the QuIt Claim deed whIch was made out last year but was not recorded because they couldn't subdIvIde wIthout the City's approval. It is hIs understanding that CecIl HeIdelberger wIll agree to take back the 33 feet. Mayor Wlndschitl asked Mr. Heidelberger If he would accept the easement. Cecil Heldelberaer - stated yes. MOTION by Orttel, Seconded by Elling, a Resolution approving a varIance ~equested by James Liesinger to convey ownership of a 33-foot easement to the property known as PIN 34 32 24 31 0007, as prepared. (See ResolutIon RI70-88) MotIon carried unanImously. EGART VARIANCE MOTION by Elling, Seconded by KnIght, a Resolution approvIng a varIance requested by John and PatrIcIa Egart from the requIrements of the ScenIc RIver Ordinance setback requirement of 150 feet from the ordinary hIgh water mark to 128 feet on the property located at Lot 5, Block 1. Ivywood Estates, as presented. (See Resolution R171-88) Motion carried unanimously. RED OAKS MANOR 6TH ADDITION SKETCH PLAN Mr. Haas explaIned the property Is located In the LB dIstrIct and would need to be rezoned to R-4 and the Comprehensive Plan amended, whIch requires Met CouncIl approval. Mayor Wlndschltl questIoned the need for Met CouncIl approval and asked that that be looked Into further. Mr. Haas also noted the two different street and lot layouts -- one proposed by the develope~ and the other proposed by the P1.annlng Commission. Jeff CaIne. survevor - stated he spent a lot of time on the design of thIs plat, and at fIrst he was not aware of the proposed street plans In the CommercIal Park south of Bunker Lake Boulevard. John Rodeberg at TKDA felt the CIty street In the commercial area could be rea] Igned to have a full IntersectIon as he proposed. Another concern he had was discouraging traffic from coming down Quinn In the exIstIng Red Oaks development and racing through this plat. That Is why he preferred not havIng Quinn Street comIng straIght through to Bunker Lake Boulevard. Regular City CouncIl MeetIng MInutes - August 2. 1988 Page 3 (Red Oaks Manor 6th Addition, Sketch Plan, Continued) The Council felt the problem with realigning the road In the CommercIal Park was the wetland and MarIan HeIdelberger's house. After dIscussing several alternative street alIgnments, the Council agreed the street alignment as orIgInally proposed In the CommercIal Park should not be changed, and that the streets from thIs plat should match Into it. It was suggested the developers look at the fo]lowlng street alignment: bring Quinn Street down to the proposed east-west street comIng In from the west, contInue the street east to where the cui de sac was proposed, then fork the road south to Bunke~ Lake Boulevard where It would match the proposed commercIal road to the south and north to end In a cuI de sac. It was felt thIs would both provide the desired Intersection along Bunker Lake Boulevard and, with the cui de sac, preserve some of the trees In the no~theastern portion of the plat. Council also noted the rezoning can run with the plat, but It must be rezoned before the final Is fIled. It was agreed the proposal should now be sent to the Planning Commission. RED OAKS MANOR 5TH FINAL PLAT MOTION by Orttel, Seconded by Ape]. a Resolution approvIng the fInal plat ot Red Oaks Manor 5th AddItIon as beIng developed by the Menkveld Company In SectIon 34, TownshIp 32, Range 24. as presented. (See Resolution RI72-88) MotIon carrIed unanimously. LUND'S EVERGREEN 5TH FINAL PLAT Mr. Haas explaIned there Is a concern with the street grades. The prelImInary plat approved In 1984 had .5 percent grades, but the ordinance stated the streets are to be 1 percent. Mr. Schrantz stated the grades need to be at least .8 percent to have the water flow down wIth a paver-led flow lIne. Mr. Lund, the developer, stated he brought the plans Into the CIty three or tour weeks ago, and the area has already been graded. In the 3rd and 4th addItIons he had .5 percent grades. He preferred dItches an those plats, but compromised at .5, statIng he would also prefer to have dItches In this plat rather than change to .8 or 1 percent. He also guessed about half of the surrounding cItIes only requIre a 5/10th grade on asphalt curbs. Mr. Haas stated the consultants have recommended an .8 minimum grade with this type of curb, which Is stIlI less than the required 1 percent. There has been a problem with birdbaths on Mr. Lund's other proJects. Regular CIty CouncIl MeetIng MInutes - August 2, 1988 Page 4 (Lund's Evergreen Estates 5th Final Plat. ContInued) Mr. Lund stated they would fIx any birdbaths. explaInIng the dIffIculty wIth a .8 percent grade Is the road would be higher than the lots and there are a lot of trees that would be dIsturbed. It would mean adding 2 to 3 teet of dirt In some areas, agaIn notIng It has already been graded. He would then prefer to go wIth dItches as was origlna]ly approved In 1984. Mr. Haas stated they had made Mr. Lund's consultant aware of the 1 percent requIrement and that .5 percent had never been agreed to. He also talked to them about the City's requIrements when the 4th AddItion was done. Mr. Schrantz also preferred not having ditches as they are dlftlcult to maIntaIn and most people would prefer the curb. Some of the areas were cut 7 to 8 feet to get the .5 percent grade. Councilman Orttel felt It is a very real possibilIty that 168th wIll become an MSA street. If ditches were put In now, when it does become an MSA street, the CIty would have to haul In dIrt to make It an urban section, whIch he felt dIdn't make much sense. Counc 1 ] and Staff dIscussion was on the .5 percent grade, with Mr. Schrantz stating the problem Is the pavIng contractor Is not that accurate unless a strIng lIne Is used, and most do not use one. He could approve the .5 percent If the developer could get an agreement where the contractor wIll certIfy the slope. MOTION by E]IIng. Seconded by Knight, approving the fInal plat of Lund's Evergreen Estates 5th AddItion developed by Janes Lund Company in SectIon 9 32 24 as presented, with the AddItIon of Item No. 4, that the streets be paved to a mInImum of .8 percent of 1 percent grade In the rural sectIon. DISCUSSION: CouncIlman Orttel felt it wi I I be very expensIve to have the grades redone. Councilman Elling said It Is the same requIrement for al I other developments. Mr. Lund asked for the optIon to go wIth dItches, as the culverts are already In. CouncIlman Elling ADDED to the MotIon: wIth the optIon to do dItches. Second Stands. DISCUSSION CONTINUED: CouncIlman Ortte] agaIn noted It wIll be expensIve to convert It to an MSA street If It Is done wIth dItches now, statIng It doesn't make sense to allow dItches along 168th. Mr. Schrantz felt it might be better to have the flatter grade than dItches If more care Is used In the pavIng. Mayor Wlndschltl noted ditches are no longer allowed in the CIty. Mr. Haas felt at least the InterIor streets should be graded to an 8/10th grade. but 168th could remaIn and be paved at an exact 5/10th grade. CouncIlmen Knight and EllIng WITHDREW the Second and the MotIon. Regular City CouncIl Meeting MInutes - August 2, 1988 Page 5 (Lund's Evergreen Estates 5th Fina] Plat. Continued) MOTION by Orttel, Seconded by Apel, approval of the fInal plat of Lund's Evergreen Estates 5th AdditIon developed by James Lund Company In Section 9 32 24 as presented with the following conditions: That a] I the streets in the plat, other than 168th Lane. be completed at .8 percent grade; that 168th Lane be completed at a minimum of 5 percent grade contIngent upon the City Staff receIvIng confIrmatIon from the paving contractor that shows a grade can be adequately maintaIned. (See ResolutIon RI73-88) Motion carrIed unanimously. SAARENPAA LOT DIVISION Mrs. Saarenpaa - stated she did wi]] not divide Into 2 1/2 acres because they do not want to construct 400 feet of road. By doIng a 5- acre spIlt, they Just have to brIng theIr drIveway off from the cuI de sac. Mayor Wlndschltl was concerned about the continuity of the streets. as it is not logIcal to stop the future extensIon of 153rd. The intent Is that some day that road wIll come out to NIghtengale. CouncIlman Orttel also noted with City sewer and water Just south of the CIty Hall, It Is Important to plan a street for future planning. Jerrv Saarenpaa - stated they had originally proposed a street through there. But they were told they could not do It that way without constructing the road rIght now. And they do not want to do that. They also do not want to construct the 300 or 400 feet of that road at thIs tIme because It wI]1 cost them $15,000. Councilman Ortte] stated the main concern Is not to block that future street off. CouncIlman Elling stated this proposal almost precludes 153rd Lane from ever comIng through, askIng If an easement could be dedicated for 153rd coming through. Mr. Saarenpaa - stated that Is a possibility, though theIr proposal does meet the ordinance. Planning Commission Chairperson Marge Perry stated the P & Z told them they could plat the property or split off a fIve-acre parcel by metes and bounds on the far end. Counc i I discussIon was on the problem of buIlding off of stub streets without ever havIng to pay for the road. Mr. Schrantz proposed assessing for the use of the road or requirIng a drIveway permIt or connection charge, so properties such as thIs don't get a free ride. The Counc II generally dId not care for charging for the existIng 153rd, but they did want to keep the access open such that the street could be extended some time In the future. Counc i I then suggested they dedIcate the easement for 153rd on the proposed 5-acre pIece. and the house would be located on eIther side of that easement with a cuI de sac buIlt Into the Jot. When 153rd Is extended. a lot would be created on each sIde and both would be assessed for that extension. Regular City Council Meeting MInutes - August 2, 1988 Page 6 (Saarenpaa Lot DIvIsIon, ContInued) Mrs. Saarenpaa - asked if they would be allowed to spIlt If they maIntained the setbacks as If It were on a 2 1/2-acre Jot; and if they gave an easement for 153rd, could they have theIr drIveway through the easement untIl the road came through, recognIzing they would be responsible for Its maIntenance. She also asked if It Is possIble to get a mortgage on the property If there Is an easement through It. CouncI I noted the requIrements for a Class 5 drIveway when It exceeds a certaIn length. They also preterred the splIttIng ot the fIve acres if the easement for 153rd were dedIcated and proper setbacks maIntaIned from that easement. There would be no charge to thIs property for usIng 153rd. They dIdn't thInk there would be a problem gettIng a mortgage on property that has an easement. The Counc 11 also explaIned It has been the CIty's polIcy not to construct streets unless the property owners petItIon, so 153rd wouldn't be buIlt unless they, as property owners, asked for It. They also questIoned the $15,000 fIgure to construct the 300 or 400 feet of 153rd, guessIng It would be consIderably less since only a temporary gravel cui de sac would be needed at the end. Alan Saarenpaa. Jerrv's Brother - stated If 153rd Is a CIty street. why would there be a charge to access onto the cuI de sac, comparIng It to any other lot that Is along that road which does not pal' a fee to access onto It. Councl]man Ortte] exp]alned the developer was required by the City to brIng that road up to serve that property, but that property never paId for it because of the intent to extend 153rd In the future. A. Saarenpaa - asked the long range plan to bring sewer and water to that property. He explaIned the problem he had In another city when he purchased a house and utl]Itles were assessed severa] months later. Counc 11 dIscussIon noted there are no plans for that area at all, and the plans go to about the year 2010. But 1 t Is the MetropolItan Counc II that decIdes on when and where the sewer wIll be extended in the CIty based on demand or avaIlabIlIty. When the utIlIties do come through, the property owner pays for all extensIons. The constructIon of streets depends on the development process and the property owner. The Saarenpaas expressed agreement to dedIcatIng the easement for 153rd through the mIddle of the proposed fIve-acre parcel, approxImately 400 feet, and buIldIng to the sIde contingent upon beIng . able to get a mortgage wIth that easement. Jack McKelvev - saId the neIghbors have asked him to find out about the property goIng back there. The people In that neIghborhood would rather see a street come through at 153rd Avenue along the power lInes rather than through the mIddle of thIs property. Counc i I noted it will be possIble to get lots on both sides of 153rd Lane, whIch Is the logIcal extension of the street. Regular CIty Council Meeting MInutes - August 2, 1988 Page 7 (Saarenpaa Lot DIvision, ContInued) MOTION by Orttel, Seconded by Apel. that we refer the matter of metes and bounds lot splits to the Planning Commission for review with an eye toward adopting the City standards, and the City will review al I lot splIts under 20 acres for the basis of guaranteeing the Integrity of the routing system. DISCUSSION: Mrs. Saarenpaa asked If they could built on Outlot B If they built ouch that the road could come through at some time in the future. Counc II stated yes. Motion carrIed unanimously. ITEMS 4G THROUGH 4J - ORDINANCES AND ORDINANCE AMENDMENTS Because these Items were discussed by the Planning Commission at their last meetIng and the MInutes were not yet avaIlable, It was agreed to table them until the August 16 meeting. MOTION by Orttel, Seconded by Apel, that we table Items g. h, I, and J untIl the second meeting In August. MotIon carried unanimously. ORDINANCE 78 AMENDMENT Building OfficIal Dave Almgren noted the amendment to Ordinance 78 to require the owner or developer of commercial property to enter Into a site plan agreement with a cash deposit or letter of credit as surety for the sIte Improvements. Mayor Windschltl asked If there have been any problems wIth this. Mr. Almgren stated not much. Attorney Hawkins stated most of the other communitIes require some guarantee, as It Is no different than puttIng In roads, etc. Mayor Wlndschltl felt the controllIng factor here would be not to Issue a Certificate of Occupancy until these Items are completed. After further discussIon, the Counc 1 I generally felt It would be better to evaluate the sItuation at the time a Certificate of Occupancy Is Issued. If the site Improvements are not done when the Certificate of Occupancy Is to be Issued, an escrow would need to be deposIted for the uncompleted work. ThIs gIves the owner/developer a chance to complete the work fIrst wIthout having to deposIt an escrow or bond for It. Counc II directed that change be Incorporated Into the Amendment, with the Item put on the next Agenda for further consIderation. Regular City Councii Meeting Minutes - August 2, 1988 Page 8 SEPTIC FAILURE/NORDEEN ADDITION Mr. Almgren reported on the septic system faIlure at 536 155th Avenue where the owners are unabie to have a new system installed because of financiai problems. He has sent out requests for bIds to Install a new system, asking that the cost be certified to the taxes. Attorney HawkIns suggested a petition should be received from the property owner agreeIng to be assessed for those costs. Council agreed to abate the health hazard. MOTION by Orttel, Seconded by KnIght, that we dlLect the BuildIng Official to contact the owner of the property at 536 155th Avenue and ask that the owner submit a letter to the City to have the necessary improvements done to abate the failIng septIc system on the premises. MotIon carrIed unanlmousiy. REQUEST SPEED STUDY/NARCISSUS STREET Mayor Windschitl stated he talked wIth Gerard Chaffee of 13488 Narcissus Street about the probiem through that area. Mr. Chaffee has three requests: 1) Reduce the speed limit to 20 mph. Apparently someone at MnDot Is saying they can lower the speed iimit beiow 30 mph in some areas. 2) Close off the double cuI de sacs between Andover and Coon Rapids, feeling most of the traffic is coming from Coon Rapids. Mr. Stone stated there were 219 cars through that area In a 24-hour period, and he split the count between the two cities. 3) Put stop signs at the intersection. Apparently traffic is coming off CoRd 9 and working Its way through Woodiand Terrace to come back out to Bunker Lake Bouievard or go into Coon RapIds. Mr. Schrantz was concerned about the confusIon factor of having dIfferent speed limits for each residentIal street in the City. Mayor Windschitl asked for a motion to request a speed study to lower the speed limit in that neIghborhood. MOTION by Knight, Seconded by Orttei, to so move. Motion carried unanImously. At this time the Council felt the cuI de sacs between the two cities should not be ciosed off untIl the development in Coon Rapids occurs, as was origInally agreed to. No action was taken regarding the request for stop signs. AWARD BIDS/MISCELLANEOUS PROPERTY MOTION by Orttel, Seconded by EllIng, that the CouncIl authorize the sale of previously declared excess City property to the high bidders of the same property, bids being received on 7-22-88 at 3:30 p.m. MotIon carried unanimously. Regular City Council MeetIng MInutes - August 2, 1988 Page 9 INSTALLATION OF FIRE HYDRANTS/FIRE DEPARTMENT Council agreed the hydrants should be Included In one of the bIds of the up-coming contracts, noting the estImated cost of $1,500 each. It was also noted that a hydrant Is also needed on the south side of Bunker Lake Boulevard In the vicinity of the Junkyards (Tonson's and Mom's Auto Parts). Mr. Stone stated he has asked the Fire Chief to recommend a location for a hydrant In that area. APPROVE JUNKYARD LICENSE/ATV SALVAGE MOTION by Knight, Seconded by Apel. approval of the 1988 license for ATV Salvage. DISCUSSION: Councilman Orttel questioned granting a license seven months after It Is due, not understanding why steps hadn't been taken to revoke the lIcense. MIke ? owner of ATV Salvaae - stated he has been to the CIty . . Hall five tImes to talk to the Clerk and called fIve other times In an attempt to get everythIng clarIfIed. The CIty Inspected his yard In February and came back one other time where there were cars In the aisle. It was during the work day and It was on the maIn lane that they use, but they do keep the fIre lanes open at nIght. The cylInders have al] been secured since the inspectIon. He expressed frustratIon that It has taken this long to get everything done, because the City Inspects and tells him what to do but never comes back to reInspect It. He paid for the ]Icense and had hIs Insurance and bond before the fIrst of the year, but hIs yard was not Inspected untIl the middle of February. He again stated he called numerous times and never receIved cal Is back and stopped in the offIce many times in an attempt to get this cleared up. Council asked that for the next meeting the Staff prepare a report on the number of yards operating without a license and what happened In thIs Instance regardIng the licensing of ATV Salvage. as it should not take this long to license an operation. Motion carried unanImously. RESOLUTION CONSOLIDATING PROJECTS Attorney Hawkins advised going through the 429 procedure for ProJect 88-1 to assess some portIon of the proJect so the funds from the bond can be released. MOTION by EllIng, Seconded by Apel, a ResolutIon receIvIng a feasibilIty report and calling for publIc hearIng of Improvements of streets and storm drainage, ProJect No. 88-1. that the publIc hearIng be held on August 16. (See Reso]utlon RI74-88) MotIon carrIed unanImously. Regular CIty Council MeetIng MInutes - August 2, 1988 Page 10 SET AUGUST WORK SESSION The CouncIl agreed to the proposed Agenda for the Tuesday, August 9 work sessIon. APPROVE SEALCOAT PLAN MOTION by Knight, Seconded by Orttel, that we approve the plans and specIfIcatIons for the sealcoating proJect. the same as the prevIous plans last year. MotIon carrIed unanlmous]y. TONSON TIRE OPERATION Mayor Windschitl understood the county is in the process of revokIng the lIcense for the Tonson Tire operation. He recommended startIng the process to revoke the CIty's specIal use permIt for that operatIon. In the event the governmental agencIes brIng the operatIon to a halt, the Mayor noted there are other methods of getting the tIres removed from the sIte. The operatIon Is no longer functIonIng, and he felt that problem needs to be addressed fIrst. Attorney HawkIns advIsed the permIt can be revoked for vIolatIon of that permIt, and the procedure Is the same as for a rezonIng. CouncIlman Orttel asked If the Intent Is not to have any type of tIre operatIon In the CIty. The other Councilmen stated yes. CouncIlman EllIng stated he talked wIth the county attorney's offIce and was told they are tryIng to shut down the operation. They are In the process of revokIng the license because of no Insurance and back taxes, though they have not notIfied the owner yet. CouncIlman E]llng was also told that a new shredder has been ordered. Mayor WIndschltl agaIn stated there Is an abatement procedure wIth funds avaIlable to remove the remaInIng tires, whIch Is estimated to be about 250,000. Mayor Wlndschitl asked about the ability to stop the operatIon from brInging in tires between now and when the permIt would be revoked. Attorney HawkIns doubted a court would grant a temporary restraInIng order for the operatIon pending revocation of the permIt. d'Arcy Bosell, Zoning AdminIstrator, reported on Ju]y 29 she talked wIth Bob HutchInson from the county and understands Tonson Is In vIolatIon of the lIcense and Is takIng In tIres Illegally. But someone has to observe that occurrence. That observatIon was made on FrIday. July 29. As far as she knows, as of today, nothIng further has been done regardIng an InJunctIve actIon. MOTION by E]ling, Seconded by Knight, that we ask the P & Z to hold a hearIng on the revocatIon of the conditional use permit for Tonson TIres. Regular CIty CouncIl Meeting MInutes - August 2, 1988 Page 11 (Tonson Tire Operation. ContInued) DISCUSSION: Cecil Heldelberaer - stated sIx weeks before the fIre the FIre ChIef told the Council the operatIon should be shut down because of unsafe conditIons, but d'Arcy (Bosell) saId everythIng was okay wIth the busIness. Then Orttel suggested tablIng the Item. He felt if the Council had listened to the Fire Chief at that tIme, the fire would never have occurred. CouncIlman Orttel recalled ChIef Palmer saId there were too many tires in the front; d'Arcy said there wasn't. Mr. Heldelberge~ started swearing, so he tabled the Item. Mr. HeIdelberGer - didn't thInk he was swearIng, but stated Bob Palmer was In the right and the fire was unnecessa~y. He felt there wouldn't be a tIre left tOday if Anoka County and the CIty had required hIm to remove three tires for each one brought In since the begInning. Motion carried unanimously. MOTION by EllIng, Seconded by KnIght, that the staff prepare a letter or draft a resolutIon for CouncIl to send to the county requestIng that the lIcense be revoked and that the sIte be cleaned up no later than January 1, 1989. DISCUSSION: Mr. Heldelbe~aer - noted the She~Iff Is goIng to have a sale on the personal property at that busIness. If LaPanta owes so much monel' and doesn't have any credit, he questIoned how he can purchase a $500,000 pIece of equIpment. CouncIl noted there are different stories of what Is beIng done. Motion carrIed unanimously. APPROVE EASEMENT ACQUISITION MOTION by Knight. Seconded by Elling, that we accept the easements from DennIs and Margaret Nelson and approve payment of $200 (IP 87-11, BluebIrd Street) and accept easement from Darrell and PatrIcIa Dahl (UniversIty Avenue). MotIon carrIed unanImously. REFUND ESCROW/HOWARD-TEMPEL ADDITION MOTION by KnIght, Seconded by Orttel, that we approve the refund of escrow for the Howard-Tempel AddItIon. MotIon carrIed unanimously. AWARD BID/IP88-19/WOODLAND CREEK 2ND MOTION by Orttel, Seconded by EllIng, a ResolutIon acceptIng bIds and awarding contract fOr the Improvement of Project No. 88-19 Woodland Creek 2nd for streets wIth concrete curb and gutter constructIon as presented, and note that the low bIdder is W. B. MIller, Inc., at $79,640. (See ResolutIon R175-88) MotIon carrIed unanimously. Rcgular City Council Meeting MInutes - August 2. 1988 Page 12 UNIVERSITY EXTENSION PROJECT/IP88-10 Mayo. Windschitl .eported on the prob]em of obtaining easement for this MSA p.oject. The Attorney is of the opinion that the easements of record are not adequate for building the road and that al I new easements must be taken. The contractor Is ready to begin work but several residents are not willing to sign the easements at this time. M.. Schrantz explained the major one not wi I ling to sign is Ms. Baldridge, 14680 University. The centerline of the road has been moved 11 feet into Ham lake so the road is entirely in Ham Lake, but she has said she will not sign because the road al~eady belongs to the City. Ron Ferris a]so reported he talked with Ms. Baldridge and was unsuccessful in convincing her to donate the easement, noting several of her concerns. He a]so felt that th~ problems expressed by Richard MacGlover can be resolved such that that easement will be given. After discussing possible alternative, ML Schrantz stated he would again discuss the situation with Ms. Baldridge and report back to the Counc i I at the Thursday. August 4 meeting. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, approval of Checks 14983 through 15066 for a total of $875,418.93. Motion ca~ried on a 4-Yes, l-Present (Windschitl) vote. MOTION by Knight, Seconded by EI ling, to adJourn. Motion carried unanimously. Meeting adJourned at 10:32 p.m. RespectfulJy submitted, \l~V-JLCc~ ~~ Marcella A. Peach Recording Secretary