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HomeMy WebLinkAboutCC September 20, 1988 ,-,',--- YA f- CITY of ANDOVER " "., '·c.. Regular City Council Meeting - September 20, 1988 - Agenda 7:30 pm 1. Call to order 2. Resident Forum 3. Agenda Approval 4. Continued Assessment Hearing/87-12/Wobegon Woods 5. Public Hearing/Bent Creek Estates/88-20 6. Discussion Items a. Woodland Development Sign, Cont. b. proposed Bond Issue/ISD 15 c. Inverse Condemnation & pollution Liability Coverage, Cont. d. Andover Commercial park/Parking e. Police Department Discussion f. M.R. Olson Commercial Park Discussion 7. Staff, Committee, Commission a. woodland Terrace Traffic Control b. Authorize Ad for Bids/Public Works Vehicle c. Rademacher Development Contract d. Amend Ordinance 53/Dog Ordinance e. Amend Ordinance 8U/Accessory Bldgs. 8. Non-Discussion Items a. Declare Adequacy of Petition/Woodland Ridge Street Lights b. Accept Bids/Award Contract/88-14 c. Accept Bids/Award Contract/88-18 9. Approval of Minutes 10. Approval of Claims 11. Adjournment " CA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - SEPTEMBER 20, 1988 MINUTES The Regu]aL BI-Monthly Meeting ot the AndoveL City CouncIl was ca]led to ordeL by Mayor JeLry Wlndschltl on September 20, 1988, 7:30 p.m., at the Andover City Ha]], 1685 Crosstown BoulevaLd NW, AndoveL, MInnesota. Councilmen pLesent: Ape] , Knight (aLrlved at 8:38 p.m.), OLtte] Councilman absent: EI ling Also pLesent: City Attorney, WI]]lam G. Hawkins; Assistant City Engineer, Todd Haas; City AdministratoL, James SchLant~; and otheLs RESIDENT FORUM MaLk Voth. 3045 168th Lane - asked about the enfoLcement of the Noise OLdlnance as It relates to the agLicultuLal shotgun propane unit being used neaL hIs house. It goes off about eveLY 3 minutes dULlng the night and eveLY 5 minutes dULing the day, undeLstanding It i s U~~'U to scare the blLds away. Wa]teL Larson. 3903 172nd lane - had the same concern. He stated he lives about one mIle north, and he has had the SheLlff out. But the SheLlff has saId theLe Is nothing that can be done. He also wondered if It could be made to stop undeL the NoIse OLdinance. Ron Picotte. 3931 172nd - also had the same conceLn, but he understood it is used to dIstract deer fLom the crops. GaLlan Mlnenko. 3863 173rd - wondeLed when the noIse Is going to stop, wonderIng if something else could be done about It. His huntIng dog barks every tIme he heaLs It. It Is also dlfflcu]t to sleep because of It. Mrs. Bennett - stated she owns the bangeL. They weLe accused of shootIng deer, whIch they were not doing. So they had the game warden and the DNR come out because the deeL did that much damage to their CLOPS. She figuLes they lost about $3,000 In damage. Because of the dLough t , the deeL don't have anything to eat and drink; so they have been coming into theiL CLOP fields. The DNR suggested they use the banger to keep the deeL out. They aLe stilI ]oslng crops, but It is not as bad as it was. MLs. Bennett stated they aLe aware that the banger aggLavates people; but those crops are their lIving. They have had the bangeL for about 17 yeaLs, and thIs Is the fIrst yeaL they have had to use It at night. They counted 12 deeL In thelL field one night, and they cannot afford all that damage. Regular CIty Council MeetIng Minutes - September 20, 1988 Page 2 (ResIdent FOLum, Continued) John Bennett (Mrs. Bennett's son) - also explaIned that the deer have come Into their fIelds because of the drought, as what they nOLmallyeat Is gone; and that Is the maJoL factoL fOL using the bangeL thIs year. The banger Is also used to pLotect hIs sIster's place next dooL. They aLe harvesting the CLOPS now, antIcipating anotheL 3 to 4 weeks before they aLe fInIshed. He explained It all staLted when he would use the pIckup truck to chase the deer off the fIelds; but someone turned hIm In fOL poachIng, statIng that Is somethIng he would not do. The mat teL was dIscussed again fo]lowlng the AttoLney's revIew of the Noise OrdInance. Rosella Sonstebv - stated she asked to be on the Agenda thIs evenIng and was not put on, asking that she be placed on the October 4 Agenda to dIscuss the assessment fOL stoLm wateL on publIc property. Mayor Wlndschltl stated the AttoLney has already gIven an opInion on that matter. Ms. Sonstebv - stated she wanted It dIscussed as an Agenda Item, feeling the Resident Forum sectIon is not legal. Ms. Sonsteby then stated she asked that the CIty contact the MetLopolltan Council to get seweL and wateL to heL fLom the Anoka system because It Is only one-half block fLom heL. She undeLstood the resolutIon passed requIres her to pal' $1,000 to have TKDA do a feasIbIlity Leport. She asked If she could have heL own engIneer do that report, speculating TKDA's Leport would only say what the City wants. She didn't know she needed a feasibility LepoLt, feeling it is not necessaLY. Mayor Wlndschltl stated she must be tLeated like everyone else who asks fOL munIcIpal utilities, and a feasIbility LepoLt Is a part of the process that must be gone through. He asked fOL a clarifIcation of what she wanted to dIscuss on an Agenda. Ms. Sonstebv - stated accoLdlng to the City's ordInance adopted by the CIty CouncIl on September 17, 1976, all pLopertles within the dIstrIct, whether It Is CIty paLk, school or PLlvate propertIes, are to be assessed for stoLm draInage In the same manner. She saId the State of MInnesota SpecIal Assessments, Governmental Units, 435.19, states a]1 pub]lc propeLtles to be assessed for stoLm draInage to be assessed the same as pLlvate PLoperty. She dIdn't thInk it Is fair the way they aLe being assessed, especIally when the county paId $9,000 and it was not taken off the top of the assessment Loll. She wanted thIs Item on a public meeting Agenda, feelIng that Is more offIcial, In the event someone has to sue to make the City comply wIth its own ordinances. Mayor Wlndschltl agaIn noted the City Attorney has gIven an opInion on the Issue. which is the polIcy that has always been used by the City. He questIoned what was left to discuss. Regula. CIty CouncIl MeetIng MInutes - September 20, 1988 Page 3 (Resident FOLum, ContInued) DIscussIon then contInued on the noise pLoblem brought up earlleL. Attorney Hawkins stated there Is a sound level standard In OLdlnance 8 and the number of declbles measured at the propeLty lIne. He fe It 1 t needs to be monitored to deteLmine If the noise exceeds those levels; and It does, the CIty can take actIon fOL opeLatlon of that devIce. Generally the PCA will come out to set up a devIce to monItor the sl tuatlon. MLs. Bennett - asked If theLe was a law that it Is allowed because It Is agLlcultural land. Attorney Hawkins stated no, the CIty sets the standaLds Legardlng nuIsances and noIse. MLs. Bennett - asked who will pal' for her CLOPS If she loses them. The DNR Is the agency who told them to do thIs. Attorney Hawkins stated the law generally says If one Is engagIng in an activity that dls.upts a laLge sULLoundlng the area, the rIghts of the IndIviduals In the area are gLeateL than the rIghts of the Individual. And they would have to find anotheL way to get LId of the deer. TheLe was fULtheL discussion between the Bennetts, the residents, and the Counc I I . The Bennetts again stated they aLe harvestIng some of the crops and noted the devastatIon being caused by the deeL due to the extLeme dLought this year. They also said two people aLe huntIng theLe now, which might help the problem. They have also been threatened, and noted theLe Is anotheL banger being used fULtheL north. ML. Larson stated he sympathIzed, but many people are being affected who need thelL sleep to be able to eaLn theiL ]Ivellhood also. Several Lesldents suggested angling the banger In a dlffeLent direction. The Bennetts said they would try that. Counc II agreed to ask the PCA to monltoL the noIse level, and to place the Item on the October 4 Agenda for further consideration. AGENDA APPROVAL It was agLeed to add the followIng Items to the Agenda: Item 6g, CLooked Lake School TraffIc Problem; and 7f, StLeet Lights; and a Closed SessIon with the AttoLney LegaLdlng litigations. MOTION by OLttel, Seconded by Apel, to appLove the Agenda as amended. Motion carrIed on a 3-Yes vote. RegulaL CIty Council Meeting Minutes - September 20, 1988 Page 4 CONTINUED ASSESSMENT HEARING/87-12/WOBEGON WOODS Harlan Olson, BRA, Field EngIneer fOL the pLoJect, stated the contractoL staLted correcting the landscaping pLoblems In the sub- division. About 40 percent of the sod has been reinstalled, expectIng them to fInish tomoLLow. Councilman Ape] felt the pLoblem was due maInly to the dLought thIs yeaL. Roaer BlermaleL. 3156 174th - asked for the defInition of topsol]. He didn't feel theLe was any consIstency on what Is being used as topsoIl. WheLe hIs sod Is being laid, I t Is a] I sand. On the otheL side of the road where no one ]Ives, It Is rIch-looking black dirt. Also, there was debris In the dirt originally placed west of his driveway. MayoL Wlndschltl felt there was a sImlllaL problem on Eldelwelss. Mr. Olson stated If theLe is debLls, he will have them rake It out. The pLoJect oLlglnally was to salvage what topsoil they could to save the costs In the proJect, so no topsoil was pULchased. But if theLe was debLls, it should have been raked out. He said he would check that tomoLrow. Now they are brInging In topsoil because theLe isn't any to salvage, and it Is pLobably much better material. They tLied to put down the best topsoil In front of Lesldents. MayoL Wlndschltl felt to lay sod, it Is faL better to put It on peat OL black dlLt than on the sand that Is theLe now. Wi II iam Barda. 17510 HeatheL Street - wondeLed If the Council is attempting to pass on the payment for the pLoJect and final It. MayoL Windschltl stated no. This Is a continuation of the assessment hearIng to certify the levy to the county. The fInal payment takes place only afteL the engineering fIrm and then the City Staff signs off on the proJect, satisfyIng everyone that It Is complete. ML. Schrantz noted even at that poInt, theLe Is stl] I a one-year warranty on the proJect. Mr. BaLda - stated the CIty Is paying the EngineerIng firm about $12,000 for fees fOL the pLoJect which has been plagued with incompetence and sloppy work. At the September 8 meeting, they presented a petitIon signed by a]1 residents, and the Impression was left that something would be done shortly thereafter. Now It is the 20th of September and the landscape company appeared, statIng they aLe basically Lepeatlng what they dId befoLe. ML. BaLda stated the contract with BonestLoo Is based on MnDot specifications, which notes the cutoff date fOL seeding and soddIng Is September 15; yet they are doIng It now. He also stated It Is getting Into the rainy season, but nothIng Is beIng done for erosIon control such as mulching OL staking. He wondered If It wouldn't be mOLe expedient to Leduce the amount of the assessment based on what It costs to do the Job corLectly; stating the Lesldents of Wobegon Woods would pLefeL a reduction In assessments and doing the work themselves. , - Regular City Council Meeting Minutes - September 20, 1988 Page 5 (ContInued Assessment HeaLlng/87-12/Wobegon Woods) Mr. BaLda alleged the engineering fiLm Is unLesponslve to the Lesldents' complaints. They don't necessaLI]y hold the landscapeL at fault because It Is told what to do by the engineerIng fILm, whose earlleL posItion was not to do anything. Attorney Hawkins explaIned the Council can assess all or any pOLtlon ot the proJect; but the portion that Is not assessed would be paId from the General Fund of the CIty by the rest of the residents. M~. BaLda - noted one Lesldent had alLeady ~emoved the flLst sod and started to reseed it hImself; but today a load of black dirt was placed on top of that. He asked how aLe the specificatIons deteLmlned as to where sod and seed Is goIng to be placed, thInking It Is very arbltLary. Across the stLeet, black dirt was simply put oveL the weeds growing theLe, which he didn't feel was very carefully thought out. That is not what the City Is supposed to be abiding by In its contLact with Bonestroo. Councilman Apel thought the City's hIstory was not to do anything In an aLbltLaLY or capricious manneL. It has been a difficult yeaL because of the dLought, and he saw no legal basIs to lower the assessment. EveLY attempt Is beIng made to corLect the situation. MayoL Wlndschltl asked fOL specific Items that Mr. Barda feels needs to be cOLLected. In peLsonal]y Inspecting the area, he dIdn't thInk every lot had a pLoblem. Mr. BaLda - didn't think all the residents would sign the petItion If they didn't feel theLe was a problem. MayoL Wlndschltl agaIn asked for the specific problems. Councilman OLttel agreed all the Lesldents PLobably felt the landscaping didn't look good; and It probably didn't, as eveLY proJect done this summeL looked bad because ot the dLought. The topsoil didn't look good, but It was the topsoil that was there before; and that was the way the pLoJect was bId in an attempt to save some cost. Mr. Ba~da - felt the topsol] wasn't sufficIent. He felt the specifIc problems are topsoil being placed oveL hIgh plant growth, In some Instances no topsoil was plùc~d. and theLe is debLls In the soil on hIs lot. He asked that someone from the engineerIng firm go to each home to deteLmine the PLoblem on each lot. He again asked what Is the criterIa for what gets sOdded and what gets seeded. Mr. BaLda stated about 3 to 4 months ago they tried to communicate wIth the engIneering fiLm, who was unLesponslve and who stated they would not do anything fULtheL. That Lesulted In the petition. ML. Olson stated the only resIdent that contacted hIm with any LestoLation problems Is ML. BaLda. He met with Mr. BaLda several times, making an agreement to put down some topsoil on ML. Barda's drIveway, whIch he was reprImanded for by hIs boss. Mr. Olson saId he RegulaL City CouncIl Meeting Minutes - September 20, 1988 Page 6 (Continued Assessment HeaLlng/87-12/Wobegon Woods) told M.. BaLda he would not do anythIng furtheL on the pLoJect until fa] I when the weatheL cools off and It Lalns. He guessed the contLactor is Leplaclng about 80 peLcent of what was done at his own expense. He talked to a number of Lesldents whose biggest complaInt was the grass did not grow. If It has been watered, he thought It mal' have gLown. They are now Lep]aclng that, which he felt will grow except for possibly some winter kIll OL sa I t k I I I . ML. Olson also stated between now and this weekend, he wi II peLsonally talk to eveLyone out theLe to find out theIL complaints. The topsoil coming In today was dumped fLom a truck and ]eveled by a bulldozer. It was not yet hand ranked, so chances are there Is some debrIs in It ¡ but he wi I I take caLe of that. He disputed the statement made by ML. BaLda that he said they would not do anything fULther on the pLoJect. ML. BaLda - stated he and his wife when to ML. Cook's office and was told nothIng fULtheL would be done. He didn't feel this was a sacrIfice on the paLt of the contLactor, but this Is what the contLact cal Is for. He also felt It Is ludlcLous to thInk that a peLson who has a lawn Is not going to water sod, accusIng the landscapeL of only wateLlng two OL thLee tImes, by-passIng areas beIng wateLed by the Lesldents themselves, which he felt Is not suffIcient. He asked If a decision on this can be delayed until It Is the felt the situatIon Is corrected. Counc I I noted a delay In the assessment would only IncLease the cost to the resident by one yeaL's Interest. The geneLal consensus was also not to Leduce the assessment. The City has an oblIgation to correct any problems, whIch Is what Is beIng done Light now. And ML. Olson again stated he would contact eveLY pLopeLty owner to be sure al I pLoblems are cOLLected. M.. Barda - stated they are willing to pal' the assessment if the Counc 11 Is unwIlling to lower It. But they do not want the payment made to the engineering fIrm untl] the wOLk Is completed. Counc i I noted that Is what Is done on all pLoJects. MayoL Wlndschlt] also c]arlfled the wOLk wi]1 be completed to what the contract calls fOL, which mal' not satisfy all the Lesldents. ML. BaLda - agaIn Leviewed the problems with the proJect, stating he sees the same mistakes being made, such as lack of erosion contLol, aLbltLary placement of sod and topsol], etc. MayoL Wlndschitl stated the placement of seed and sod, erosion control, etc. , Is decIded by the fIeld engineer. It Is a Judgement call as to whetheL sod Is needed fOL eLoslon control, Leplacement of lawns, etc. The Mayor also asked that pLlor to the finalization of the pLoJect, ML. OJ son prov 1 de a shoLt statement on each lot of Issues and any unresolved Issues. Regular City Council Meeting Minutes - September 20, 1988 Page 7 (Continued Assessment Hearing/87-12/Wobegon Woods) MOTION by Apel, Seconded by Orttel, a Resolution adoptIng the Assessmen t Ro I ] for the improvement of bituminous streets for Improvement ProJect 87-12, WObegon Woods, for certification. (See Resolution R227-88) DISCUSSION: Attorney Hawkins noted the motIon simply certifies the assessment roll to the county so It can be placed on next year's taxes. The City stIlI has the legal obI igatlon to insure that the contracts with the engineer and contractor who did the work are comp] led with. Mayor Windschlt] asked that when the proJect is finished, If anyone has an unresolved issue, they should contact the Counc I I . Motion carried on a 3-Yes vote. The hearing closed at 8:27 p.m. INVERSE CONDEMNATION AND POLLUTION MOTION by Orttel, Seconded by Apel, that the Council purchase the optional pollution liability and inverse condemnation coverage as avaIlable from the League of MInnesota CitIes insurance trust at a cost of approximately $1,210, based on 1988 insurance premIums. MotIon carried on a 3-Yes vote. ANDOVER COMMERCIAL PARK/PARKING MOTION by Orttel, Seconded by Apel, that the Council di rect staff to prepare a ResolutIon that disa] lows parking at any time in the streets In the Andover Commercial Park, and have signs posted that state "No Parking at any time" in the same area. DISCUSSION: Mayor Wlndschitl thought there are times when there Is no alternative, such as on de]lvery if the docks are backed up. Counc I I thought then the driver would be waiting In the vehicle, which is not considered "parking", plus the lots should be of sufficIent size to accommodate that parking. After some discussion, it was agreed to disallow parking on any of the streets In the Commercia] Park at this tIme, subJect to reconsideration if necessary in the future. MotIon carried on a 3-Yes vote. WOODLAND TERRACE TRAFFIC CONTROL Mr. Schrantz stated he talked with MnDot today, who suggested the speed limIt remain at 30 mph and that all signs be taken down within the subdivision, as everyone should know It is a residential area, which has a speed limit of 30 mph, and that cautIon should be taken because of children, etc. Councilman Orttel questIoned whether the number of sIgns beIng asked for Is overkIll. (Councilman Knight arrived at this tIme. 8:38 p.m.) Regular City CouncIl MeetIng MInutes - September 20, 1988 Page 8 (Woodland Terrace TraffIc Control. Continued) Deputy Scott Roessler thought the problem Is compounded by the traffic at the IntersectIon of Round Lake and Bunker Lake Boulevard, so NarcIssus Street has become the maIn thoroughfare for people to avoid that I ntersectl on. The entIre stretch along NarcIssus Is totally unsigned, so It Is almost Imposslb]e to keep the people traveling at 30 mph. He Is getting constant comp]alnts about excessive speed, screeching tIres as people go around curves, etc. The other problem Is that all the intersections are unsigned, and people assume they have a right to go If they do not see a stop sign. So there have been many accidents and close calls. He felt placing two sets of stop sIgns on NarcIssus and dividing It into thIrds would slow the traffic down somewhat. And by control]lng some of the IntersectIons, It would cut down on some of the near mIsses and accidents. MOTION by Orttel, Seconded by Ape], to so move. MotIon carrIed on a 4-Yes vote. PUBLIC HEARING/BENT CREEK ESTATES/88-20 Mayor Windschl tI opened the public hearIng at 8:41 p.m. John DavIdson of TKDA revIewed the feasIbIlIty report of Bent Creek Estates, not I ng three alternatIves and approxImate costs for each dependIng on whether or not the McCabes wIsh to JoIn the proJect. Mr. Schrantz noted If the McCabe property were I eft out of the proJect, the two Jots could be served with sewer and water from Bunker Lake Boulevard and are Inc]uded In the old proJects for assessment purposes. He was concerned about a drIveway access onto Bunker Lake Boulevard from McCabe's second lot, though It Is an exIstIng lot and it mal' have to be allowed. Mayor Wlndschltl felt unless a third lot Is beIng generated on the McCabe's property, there Isn't any benefit to the McCabe property. AI I the costs are that of the developer. CouncIlman Apel agreed that nothIng has changed, so no benefIt Is being provided to the McCabe property unless a third lot Is created. Mr. McCabe - stated he Is not developIng hIs property right now, wantIng to leave hIs property the way I t Is now. The developer asked If Mr. McCabe's lot would access onto Bittersweet In the future, would McCabe be assessed for that. Counc II felt because there already Is access onto Bunker Lake Boulevard, no assessment would be generated even if the City asked to have the access moved to BIttersweet for safety purposes. If a third lot was generated, then a benefit would be created and there would be some assessment, which should somehow be transferred back to the developer. Regular CIty CouncIl MeetIng MInutes - September 20, 1988 Page 9 (PublIc HearIng/Bent Creek Estates/88-20, ContInued) Mayor Wlndschltl also noted the Coon Creek Watershed Board has no subdIvision authorIty withIn the City. And he couldn't ImagIne any CouncIl denyIng a permIt to replace hIs exIstIng home should It be destroyed In any way. ExcludIng the McCabe property, Mr. Schrantz stated there Is now a unanImous petItIon for the proJect. MOTION by Apel, Seconded by Knight, a resolution as prepared for ProJect 88-20. (See Resolution R228-88) Motion carried on a 3-Yes, I-Present (Orttel), I-Absent (EllIng) vote. The hearing was closed at 9:00 p.m. WOODLAND DEVELOPMENT SIGN. CONTINUED Councilman Apel dIdn't thInk there was a safety problem there, statIng there Is good vIsIbIlIty. Mayor Windschltl dIsagreed, thInkIng It is not possible to see a pedestrIan crossIng In front of that sIgn. CouncIlman Orttel noted Woodland has an excellent reputatIon In the CIty. They came In after-the-fact for the sIgn permIt, whIch was a mistake. From a City standpoInt, It was Issued, whIch was also a mIstake because it should not have been Issued. Now there Is an expensIve and attractIve sign there, though It Is contrary to the ordInance. He felt there Is a varIance allowed under the ordInance, though It should be dated. MOTION by Orttel, Seconded by Apel, that the CouncIl grant a varIance under SectIon 5.04 of Ordinance 8 to Woodland Deve]opment Company for the IdentIfIcatIon sIgn for Woodland Creek at the entrance of Woodland Creek on MarIgold Street and Its IntersectIon wIth Bunker Lake Boulevard, subJect to the followIng: that the sIgn be consIdered a property identIfIcatIon sign, that It be consIdered a temporary sign to be allowed for a period of three years unless renewed by the CIty CouncIl, and that an attempt be made to extend the curbing upon the advIce of the CIty engIneerIng staff, and to properly mark the crosswalk of the intersectIon of Bunker Lake Boulevard and Marigold Street, and that the owner of the sIgn sIgn an IndemnIfIcation agreement whereby they would hold the CIty of Andover harmless for InJulres resu]tlng from the sIgn, and that the owner of the sIgn sign an agreement with the City of Andover to be responsIble for the maintenance of the sIgn durIng Its lIfe; add a provIsIon that the CIty not be responsible for damages that It causes to the sIgn during Its normal maIntenance actIvItIes; and note that the reason for the varIance Is a practIcal hardshIp Incurred due to 1) the dlftlculty In removing the sign, and 2) the diffIculty created when staff member erroneously issued a permIt. (See Reso]ution R229-88) Motion carried on a 3-Yes, I-No (Wlndschltl), I-Absent (Elling) vote. . . Regular City Council MeetIng Minutes - September 20, 1988 Page 10 M.R. OLSON COMMERCIAL PARK DISCUSSION Dan Pastorius - of Trapp Realty, 888 West CoRd D, St. Paul, stated Mr. Olson employed himself and Career Realty to represent him in marketing his 9 1/2 acres on Bunker Lake Boulevard. They are asking for assistance from the City to use the Tax Increment FinancIng funds available to do the platting for Mr. Olson. This land Is next to some heavl]y polluted land, but it Is the next logical pIece to develop. It will be hard to market untIl the other property Is cleaned up; but by plattIng and making It more marketable, it wi]] make the entire area more desirable. Their specialIty Is site selection. They'd aiso ]Ike the City to do the sol] testing In there so they can more accurately reflect the quality of soils to their clIents. They're not askIng for soIl correctIons at thIs time; that can be considered once they know what wIll be goIng on the lots. The discussIon with Mr. Olson and the gentlemen from Trapp and Career Realties was on the proposals and on the CIty's policy for use of the TIF funds. Baslcal]y the CIty polley Is to pal' for one-half of the street and utilitIes and to defer the other half. It was felt It would be a sImple matter for Mr. Olson to do a sketch plan hImself to get the most efficient use of the land, and he would have more control over how many lots, the sIze, etc. Mr. Olson - stated al] they are asking for Is what the City dId on its property with TIF money. They need the soil borIngs, but that Is what the prospective buyers want to know. Ron ? . Career Realtv - stated the program has many unknowns, and . they need an indication of what the soils are like and what the plans are for cleanup. CouncIlman Knight stated some of those things can only be answered by the PCA. Mr. PastorIus - stated that Is why the need the soil borIngs, sInce they as realtors are liable for not Informing potentIal clIents of everythIng they know about the property. After further discussion, the CouncIl took the posItIon It has never platted prIvate property betore. If the CIty dId the plattIng and soil borIngs, they questIoned Just what contrIbutIon the property owner would be making, as It appears the entIre cost would be borne by the City. Also, legallY, the TIF funds can only be used for something of a structural nature, not for such Items as p]attlng and sol) borings on prIvate property. It was also noted that soIl borIngs wIll not show If there are any po]lutlon problems on the property. The Council suggested Mr. Olson draw up a sketch plan of the property, which could be used to show potentIal clients what 15 being planned. The CIty Staff will work wIth him. And once he Is In the posItIon to request utilItIes, a contract can be entered Into to use TIF funds for soIls corrections If needed, streets, and utilities. Regular City Council Meeting Minutes - September 20, 1988 Page 11 CROOKED LAKE SCHOOL TRAFFIC PROBLEM Council dIscussed the traffic problem along Bunker Lake Boulevard In the vicinity of Crooked Lake Schoo] and proposed solutions. Mayor Wlndschit] reported the County has agreed to install a temporary sIgnal at the school, but they want a sidewalk constructed along the south sIde of Bunker Lake Boulevard from Gladiola to Heather for the chIldren to use. MOTION by Knight, Seconded by Apel, a Resolution requestIng Anoka County to install temporary school crossing sIgnal to serve the needs of Crooked lake School as presented. (See ResolutIon R230-88) MotIon carrIed on a 4-Yes vote. MOTION by Knight, Seconded by Apel, a Resolution requestIng the State of Mlnnestoa to proceed as fast as possible in preparing the requested study of Bunker Lake Boulevard Traffic Study from Round Lake Boulevard to BurlIngton Northern raIlroad tracks as presented. (See Rp.solutlon R231-88) MotIon carried on a 4-Yes vote. MOTION by Orttel, Seconded by Knight, to direct the Staff to prepare a feasibility report for the constructIon of sIdewalks from Gladiola Street to Heather Street on the south side of Bunker Lake Boulevard and to explore or submit to the Department of Transportation for MSA funding on the sIdewalks; the item to be back on the first meeting In October. (See Resolution R232-88) DISCUSSION: Terrv ? - is on the Safety Committee for the school. She . stated there are 11,000 cars traveling Bunker Lake Boulevard, and the County has plans to wIden the road to 4 lanes in the next 5 or 6 years. The County Is going to Install the traffic light wIthin 90 days, but the sidewalk is needed to Insure the safety of the chIldren who are walking. Councl]man Orttel thought It would be safer to install some type of barrier between the street and the children who are walkIng, thInking that should be investigated. Jack McKelvev - also on the Safety Committee at Crooked Lake School. He explaIned one of the recommendations at first was to Insta]] the sidewalk behind the Sloth property to stay away from the road. That was reJected because It would be an unseen, unsupervIsed area. The county reJected the installatIon of a chaIn link fence between the sidewalk and the road because of the snow removal In the winter. They are also agaInst any type of barrIer between the sidewalk and the road. The crosswalk wI]] be at the westerly exit from the school and placed such that the church wIll also be able to use it. This wIll also facIlItate the exIting of the busses and church traffic onto Bunker Lake Boulevard. A guard wIll also be kept at Gladiola to dIrect the children to the crossIng. They are also recommending It be an asphalt sidewalk because the snow melts on it faster In the winter. Mayor Wlndschltl noted the City has all the easements necessary for the sIdewalk except along the boat landing, which the CIty owns. MotIon carrIed on a 4-Yes vote. Regular City CouncIl Meeting Minutes - September 20, 1988 Page 12 Counc II recessed at 10:02; reconvened at 10:12 p.m. SIGN AT CROOKED LAKE SCHOOL MOTION by Orttel, Seconded by Appe] , to authorize $202.35 for the letters for the sign In front of Crooked Lake School. MotIon carried on a 4-Yes vote. MOTION by Orttel, Seconded by Ape I , to direct the Staff to so]lclt bids for the wIrIng of the sign located at Crooked Lake School, and award the bid to the lowest responsible bidder that replies. MotIon carrIed unanimously. NON-DISCUSSION ITEMS MOTION by Knight, Seconded by Orttel, that we pass 8a, b, and c. (See the followIng ResolutIons: R233-88: DeclarIng adequacy of petition/ordering preparation of feasibIlity report/street I Ightlng/IP88-31/Woodland Ridge R234-88 Accept bids/award contract/IP88-14/Uplander R235-88: Accept bids/award contract/IP88-18/Dehn's Addition) Motion carrIed on a 4-Yes vote. AUTHORIZE AD FOR BIDS/PUBLIC WORKS VEHICLE MOTION by OrtteJ, Seconded by Ape], that the CouncIl authorize the City Staff to advertise for a four-wheel one-ton pickup with a dump box, plow, and sander, based on the specifIcations provIded by the PublIc Works Department. MotIon carrIed on a 4-Yes vote. RADEMACHER DEVELOPMENT CONTRACT MOTION by Orttel, Seconded by Apel, that the Council authorize payment of the passbook savIngs rate on escrow amount of the inItial amount of $36,450 on the Rademacher assessment for ProJect 80-3 effectIve from the date of January 1, 1983, Onward. MotIon carried on a 3-Yes, I-Present (Wlndschltl), I-Absent (EllIng) vote. AMEND ORDINANCE 53/DOG ORDINANCE MOTION by Orttel, Seconded by Apel, an Ordinance amending OrdInance No. 53, known as the Dog Ordinance, adopted February 17, 1988, as presented. Motion carrIed on a 4-Yes vote. Regular CIty Council Meeting MInutes - September 20, 1988 Page 13 AMEND ORDINANCE 8U/ACCESSORY BUILDINGS MOTION by Knight, Seconded by Orttel, to refer It to the Planning and Zoning Commission. Motion carried on a 4-Yes vote. STREET LIGHTS Mr. Schrantz asked that the Councl] establish a policy for the Installation and billing of street lighting. After some discussion It was agreed that If there Is any Installation expense, It would be assessed to the property owner over five years and ce~tlfled to the county to be placed on the tax rolls. Each neighborhood In the CIty will be billed the same amount for user fees. CouncIl then went into closed session wIth the City Attorney to discuss the LaPanta and Nordstrom lawsuits. 10:25 p.m. The regular meeting reconvened at 10:37 p.m. LAPANTA LITIGATION MOTION by Orttel, Seconded by Apel, that the Councl] confirm their Inclusion In the State legal action InvolvIng the Tonson tire area. Motion carried unanimously. APPROVAL OF MINUTES Julv 12. and Auaust 2. 1988. Reaular - Co~rect as wrItten Julv 19. 1988 - Correct $500,000 General ObligatIon State AId Bonds. MOTION by Orttel, Seconded by KnIght, to move approval as written and as amended on July 19. Motion carried on a 4-Yes vote. MOTION by Orttel, Seconded by Knight. approval of July 5 as written. Motion carried on a 4-Yes vote. MOTION by Orttel, Seconded by Apel, approval of July 22 as written. MotIon ca~rled on a 3-Yes, I-Present (Knight), I-Absent (Elling) vote. MOTION by Apel, Seconded by Knight, approve the Special Meeting on August 4. MotIon carrIed on a 3-Yes, I-Present (Orttel), I-Absent (Elling) vote. MOTION by Orttel, Seconded by Apel, approve August 9 and 16 as written. Motion carried on a 4-Yes vote. MOTION by Orttel, Seconded by Knight, approve August 25 as written. Motion carried on a 3-Yes, I-Present (Apel), I-Absent (Elling) vote. Regular CIty CouncIl Meeting MInutes - September 20, 1988 Page 14 (Approval of MInutes. Continued) MOTION by Orttel, Seconded by Apel, approval of September 6 and 8 as wrItten. Motion carried on a 4-Yes for September 6; 3-Yes, I-Present (Wlndschltl), I-Absent (Elling) vote for September 8 Minutes. PROPOSED 1989 BUDGET Mr. Schrantz brIeflY revIewed the proposed 1989 budget presented to the Council, noting It Is to be dIscussed at the Special MeetIng on September 27. DISCUSSION OF EROSION ON HOLASEK PROPERTY Counc I I discussed the complaInts of erosIon on Winslow Holasek property caused by the utility construction proJect as noted In a letter and pictures from Mr. Holasek. In his letter, Mr. Holasek asked to be shown a proposal to correct the situatIon before he agrees to have It corrected. At this poInt the CouncIl felt what had happened Is Inexcusab]e, dIrectIng TKDA to resolve the situation. MOTION by Orttel, Seconded by Apel, that the Council direct the consultant engIneer to come up wIth a proposal for the correctIon of the dewaterIng damage done to the Winslow Holasek property at the ear] lest possIble date and to mall a copy to Mr. Ho]asek, and try to contact him to dIscuss the proposal. MotIon carried 4-Yes vote. APPROVAL OF CLAIMS MOTION by Ortte], Seconded by Ape], to pay ClaIms 15229 through 15310 In the amount of $420,661.69. Motion carried on a 3-Yes, I-Present (Wlndschlt]), I-Absent (EllIng) vote. MOTION by Apel, Seconded by Orttel, to adJourn. Motion carrIed on a 4-Yes vote. Meeting adJourned at 11:03 p.m. Respectfu] ]Y~bmltted, . )~~ ¿'>~=L Marc a A. Peach Recording Secretary