HomeMy WebLinkAboutCC February 16, 1988
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~>, "~~:' REGULAR CITY COUNCIL MEETING - FEBRUARY 16, 1988 - AGENDA
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7:30 P.M. l. Call to order
2. Resident Forum
3. Agenda Approval
4 Discussion Items
a. Canvass Election Results
b. SW28 Group/M. Kull
c. Anoka-Andover storm Drain Agreement
d. Discussion of South Andover Site Feasibility
5. Staff, Committee, Commission
a. Red Oaks Manor 5th Addition/Wetland
-à, CtOYffl. Draifia~i:. Repart./87 lIB
c. Street Lights
d. Appoint Park Board Member
6. Non-Discussion Items
a. Petition for Improvements/S. Johnson
*b. Petition for Improvements/Hills of
Bunker Lake 3rd Addition
c. Mediation Services Agreement/Approve Expenditure
d. Approve Deeds
e.
7. Approval of Minutes
8. Approval of Claims
9. Adjournment
*Not on published agenda
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( \ CITY of ANDOVER
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it 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100
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~'è--~.>;1ij'-;:;';--" REGULAR CITY COUNCIL MEETING - FEBRUARY 16, 1988
MINUTES
The Regular BI-MonthJy Meeting of the Andover City Council was cal led
to order by Mayor Jerry Windschitl on February 16, 1988, 7:30 p.m., at
the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota
Councilmen present: Ape], Ell ing, Kn i gh t , OrtteJ
Councilmen absent: None
Also present: City Attorney, John Burke: City Engineering
TechnIcian, Todd Haas; City AdmInIstrator, James
Schrantz: and others
RESIDENT FORUM
Chuck Cook. Developer of Oak Bluffs - thought he was scheduled for
final pJat approval this evening. Mr. Haas stated it Is scheduled
for the first meeting In March.
AGENDA APPROVAL
Mayor Windschitl asked for a motion to approve the Agenda as
presented.
MOTION by Knight, Seconded by EI ling, to so move. Motion carried
unanimously.
CANVASS ELECTION RESULTS
MOTION by Knight, Seconded by Orttel. a Resolution declaring the
results of a special election for a Fire Department bond issue as
presented. (Bond issue declared disapproved) (See Resolution R023-88)
Motion carried unanimousJy.
SW28 GROUP/M. KULL
Marcia Krul I, Attorney with the Bowman and Brooke lawfirm, stated she
is representing the SW28 Group. OriginalJy 12 companies agreed to do
the remedial investigation at the WDE site, but that has grown to 16
companies. They are nearing the end of their obJigations under the
consent order and are In the process of completing the detailed design
report. They need to find out exact costs to implement the
recommendatIons of the remedial actIon.
Regular City Council Meeting
February 16, 1988 - Minutes
Page 2
(SW28 Group/M. Kull, Continued)
Ms. Kru] ] explained the remedial action, stating they need to test I t
fIrst. They are ready to test those wel Is next week, but they fIrst
need the approval of the City Council to dump the water into the
City's sanitary sewer sytstem. They will test two we I ] s , two days
each and wi II be extracting 100,000 gal Ions of water at the rate of
10 gallons per minute over a four-day period. The water going into
the sewer system would be metered. They have already received
permission from the MWCC.
The Counc i I was concerned that the WDE site was never included in the
sanitary sewer district nor has it paid any of those charges. They
also did not want to set a precedent that if this action proves
feasible, then Andover would be forced to allow all the cleanup water
to be discharged through the city's sewer system.
Ms. Kru] ] explained this request Is only for limited access for this
one t ¡me, and approval at this time would not In any way obligate the
City to allow it in the future. The recommendation Is for disposal of
the cJeanup into Coon Creek. At this time. no one anticipate going
into the city's sanitary sewer system with the total cleanup. They are
able to do the testing next week if the City approves. If i t is not
approved, the alternative would be to hIre an independent trucking
company to truck the water to the City of St. Paul to dump i t into
theIr sewer system. That is much more expensive, plus such tankers
are not readily availabJe; so it mal' take months to get the testing
done.
DavId Tostenson. 14139 Crosstown - asked what is being talked about
and what is the purpose of the testIng. Mayor Windschltl explained
the proposa I . Ms. KruJ I stated they wi] J be drawing the water up,
treating it, and disposIng of it to keep the contaminated water from
going Into the creek. The tests wI I] help to determine how many wells
wi II be needed to do the cleanup.
Counc i 1 did not have a problem with permitting them to dump into the
sanitary sewer system on a limited basis only. However, since the City
wi II be charged for the additional flow, it was felt the SW28 Group
should pal' for the water they dump Into the system. Ms. Krull agreed.
MOTION by Orttel, Seconded by Knight, that the Counc II dIrect Staff
to prepare a Resolution giving limited right of access to the CIty's
sanitary sewer system for the SW28 Group to do testing on wells on the
WDE site in the amount not to exceed 100,000 gallons, and note that
they would pal' for that access in the same amount that comparable
business would pal' for the same type of disposal in the City,
resIdential equivalent rate. (See Resolution R024-88) Moti on carLÍ ed
unanimously.
Regular City Council Meeting
February 16. 1988 - Minutes
Page 3
ANOKA-ANDOVER STORM DRAIN AGREEMENT
Mayor Windschitl explained he and Mr. Schrantz met with the Anoka City
staff regarding the storm drainage agreement between the two ci ties.
Agreement has stil I not been reached, as Anoka/s understanting of the
agreement is not the same as what Andover had understood. Anoka has
now said they want to get addltlonaJ $36,000 for Lary Carlson's
property, for Chapman's Addition, both churches and part of the
commercial area. It was his understanding at the time agreement was
reached that everything would be included for the $100.000 and that
Andover would accept the drainage from that portion of Anoka whIch
draIns into Andover.
Counc i I questioned how the additional $36,000 was arrived at. Mr.
Schrantz explained it is 1.5 cents a square foot, which is what was
original II' assessed by Anoka to their residents plus inflation.
Counc i I discussed past events relating to the storm drainage in the
southwestern portion of the City and felt it would not be practical to
assess the Chapman's Addition area for storm drainage again. It was
also noted that Mr. Carlson had negotiated an agreement for storm
drainage with Anoka privately.
Rosella Sonstebv - didn't know how the City could trade off with
Anoka since Anoka's storm water is dumping onto her Iand. Plus the
Good Value property is not being assessed anything. She also pointed
out that Good Value did not put in that 9-foot berm that was mentioned
In their contract. She stated she is getting 99 percent of the water
in a 100-year flood and her land Is basically a reservoir because i t
Is basIcally 863 and lower. She said her land is always going to be
used as a reservoir and Anoka wi I I on II' be getting water through the
pipe one year out of every 99 years.
Ms. Sonsteby offered another solution, that of measuring the water
that actual II' goes through the pipe into Anoka and pal' them for actuaI
water draining throught the pipe. She felt she should be getting some
of that monel' because al I her land is being used as a reservoir.
Ms. Sonsteby stated she is being assessed 40 percent of the pipe, yet
other people can hook Into it. She is appealIng the assessment. She
also hoped everyone involved, the City Council, attorneys, and
herse]f would meet together, hopefully next week, to resolve this
matter before it goes to court.
Mayor Windschitl explained clearly the pipe to Anoka is an overflow
pipe. The Counci I cannot discuss her lawsuit with the City of Anoka
nor her lawsuIt against Andover. He also stated that Good VaJue and
the other proJects are paying in excess of 60 percent of that proJect
costs.
Regular City Council Meeting
February 16, 1988 - Minutes
Page 4
(Anoka-Andover Storm Drain Agreement. Continued)
Ms. SonstebY stated that was interest. Mayor Windschitl said the
monel' came from Good Value and the other developments. Plus Good
VaJue paid for the one pipe directly. He also expJained the costs paid
by Anoka County. He advised if Ms. Sonsteby wants to discuss a
settJement to the Jawsuit, her attorney should contact the City's
attorney.
Discussion continued on the disputed agreement with the City of Anoka
and possibJe actions on the part of Andover at this point. Counc i J
then directed the Attorney to send a letter of transmittal to the City
of Anoka aJong with a signed agreement incidating Andover's origina]
understanding, thata11 items would be settled In payment for $100,000
buy-in into Anoka's storm drainage system. Upon receipt of the
executed agreement, Andover wi I 1 forward $100,000 to Anoka
immediately.
DISCUSSION OF SOUTH ANDOVER SITE FEASIBILITY
Mayor Windschitl briefly reviewed the EPA's proposal for the cleanup
of the South Andover site. Basically the EPA is running the proJect.
There is no off-site migration of the contaminates. but the shallow
acquifers do show some comtamination. The proposal for cleanup is
simi J iar to what is being done on the WDE site. He was pleased to see
that they are moving so quickly and was not troubled by what the EPA
is trying to do.
CouncIlman Ortte]'s only concern was about dumping the water into the
creek pr imar I J I' In an untreated state. He understood the heavy metals
would remain near the outlet. He was also concerned that they were
not able to check all of the area because of the tires, thinking the
testing could have been done In a grid fashion.
Counc I I agreed to give their comments about the EPA's proposal to the
staff , and a prepared statement wi II be acted upon at the March 1
meeting.
RED OAKS MANOR 5TH ADDITION/WETLAND
Mayor WindschitI explained the DNR wou]d Iike to acquire the wet1and
in the north 400 feet of Menkveld's Red Oaks Manor 5th Addition for
mitigation on the realignment of Crosstown BouIevard. He would Jlke
to present the proposa I to the developers at a meeting Tuesday
morning that they abandon the Corp of Engineers' proposa] , and that
the City would take that property for public purposes. That would
repJace the park dedication and Mr. Menkveld would be giving up the
seven lots In there. The City would then give the rights to the DNR.
That wou1d satisfy the mitigation question and would also satisfy the
concerns residents in Red Oaks have regarding the wetland.
Counc i I generaIJy agreed to the proposal, also suggesting some
wa]kways be provided from the 5th Addition to the existing parks.
Regular City Council Meeting
February 16. 1988 - Minutes
Page 5
STREET LIGHTS
MOTION by Orttel, Seconded by Knight. that the Council approve the
installation of lights In the fol lowing locations: 1) Round Lake
Boulevard and 144th Avenue; 2) Bunker Lake Boulevard and Yukon Street;
3) Nightingale and 154th Lane; and 4) Narcissus Street and Bunker Lake
Boulevard Service Road. Motion carried unanimously.
APPOINT PARK BOARD MEMBER
Council directed staff to prepare a personal data form to be filled
out by anyone wishing to service on the Planning Commission or Park
Board. It was also suggested those already serving on those
Commissions be asked to filJ it out to have an updated record on file.
MOTION by Apel, Seconded by Orttel, that we appoint Ronald Ferris to
the Park Board, term as determined by the City Manager. Motion
carried unanimously.
PETITION FOR IMPROVEMENTS/S. JOHNSON
MOTION by Knight. Seconded by Orttel, a Resolution declaring
adequacy of petition and ordering preparation of a feasibiJity report
for the improvement of watermain and sanitary sewer construction.
ProJect No. 88-4 in the 14500 Block of Round Lake BouJevard area.
(See Resolution R025-88) Motion carried unanimously.
PETITION FOR IMPROVEMENT/HILLS OF BUNKER LAKE 3RD ADDITION
MOTION by EJJing, Seconded by Knight, a Resolution declaring
adequacy of petitIon and ordering prepration of a feasibiJity report
and the improvements of watermain, sanitary sewer. storm drain. and
streets with concrete curb and gutter, ProJect No. 88-5. In the Hills
of Bunker Lake 3rd Addition area. (See Resolution R026-88) Motion
carried unanimously.
MEDIATION SERVICE/AGREEMENT/APPROVE EXPENDITURES
MOTION by Apel, Seconded by Orttel, that the City Council approve
funding for Mediation Services, 13,000 people at 5 cents per capita
for a total of $650. Motion carried unanimously.
APPROVE DEEDS
MOTION by Orttel, Seconded by Knight, that the Mayor and City Clerk
be authorized to sign the deeds to be issued for the correction of the
deed problem at 133rd Lane and Arrowhead Street NW. Motion carried
unanimousJy.
Regular City Council Meeting
February 16, 1988 - Minutes
Page 6
STAFFING
Mr. Schrantz reviewed his recommendations of his memo dated February
16, 1988, to meet the staffing needs I n the off 1 ce.
MOTION by Orttel, Seconded by Apel, that the Counc i I authorize an
annuaJ expenditure of $15.900 for part-time employees In the Finance
and Building Departments and Public Works in general; with the monies
to come from the buiJding surcharge refund, the balance amount to be
financed via the curtalJment of overtime dollars that wI I I be spent in
the Finance Department. Motion carried unanimousJy.
MOTION by Orttel, Seconded by Knight. that we direct the City
Administrator to prepare, with the normal budget recap, a separate
recap for salaries showing their compliance to the budget. Motion
carried unanImously.
NOTIFICATION OF CITY MEETINGS
Jack McKelvy and David Tostenson suggested something be done to better
inform the residents about meetings held at the City. Mr. McKelvy
stated the Crooked Lake Advisory Council is looking into putting up a
sign at the school to inform the publIc about activities at the
schoo I . He recommended the City also consider instaJJing a bulletin
board sign In front of the City Hall.
Counc i I noted research done previously found such signs to be very
costly. They also explaIned the agenda Is posted at City Hall as soon
as it is written and is printed in the Anoka Union. Also, al J those
directly affected with proJects receive written notification.
Mr. McKelvy stated the sign that will be placed in front of Crooked
Lake School wi II be paid for by the Community School, which is
supported by the City. Therefore, he felt the City wouJd also be abJe
to use that sign to list when meetIngs are held.
The Counc i I was receptive to using that sign to Jist City meetings. A
suggestion was to get a service organization, bank, or other business
to advertise on the sign to reduce the overall cost. Mayor Windschitl
stated the CounciJ would also be wilJing Jook at whatever other
suggestions residents mal' have to keep them Informed of City
activities.
(Councilman EI ling left the meeting at this time. 9:10p.m.'
Regular City Council Meeting
February 16, 1988 - Minutes
Page 7
APPROVAL OF CLAIMS
MOTION by Knight, Seconded by Orttel, approve Claims Checks 14120
through 14212 for a total amount of $83.899.12. Motion carried on a
4-Yes. I-Absent (EIJing) vote.
MOTION by Orttel, Seconded by Apel, to adJourn. Motion carried on a
4-Yes, I-Absent (EI1ing) vote.
Meeting was adJourned at 9:15 p.m.
Respectfully :~~mitted~~
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Marc ~Ja A. Peach
Recordlng Secretary