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HomeMy WebLinkAboutCC April 18, 1989 0;.- '~ "i CITY of ANDOVER Regular City Council Meeting - April 18, 1989 ." 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. B. Hay Sewer Request 2 . Creek ridge Estates Storm Sewer 3. Ordinance 8 Amendments 4. Kirby Estates Sketch Plan 5. Storm Drainage/Tulip street 6 . Kensington Estates 4th Addn. Final plat 7. CCWD Legislation 8. D. Lawrence Rezoning 9. Crosstown Blvd. Storm Sewer, Cont. HRA Meeting (Nordeen Addition Bid) 9:00 P.M. Closed Meeting (F.D. Employee) Staff, Committee, Commissions 10. Comm. Park Purchase Agreement 11. Olson Tires 12. Disaster Plan Approval 13. YR~er§eund stora~c Tank Leak Ð~tcction 14. Authorization to Hire P.W. Employee 15. City Celebration/Downtown Center 16. Approve Evaluation Forms 17. Assessment Abatement 18. Funding for Furnace Conversion/City Hall 19. ."'.ppre-;e: Letter Te lIa. Dept. of II~alth Non-Discussion items 20. Award Bid/88-35A/Test Well 21. Ea3~mcnt ~PP[ðv~:~ 22. Joint Powers Agreement/Signal 135th & RLB 23. Execute Option/Laptuta Property 24. Approve plans & Specs/89-8/Kensington 4th 25. Approve plans & Specs/89-ljWard Lake Drive 26. Approve plans & Specs/89-2/Tulip street Approval of Claims Adjournment " - ;.,c .~ . " " " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW< . ANDOVER, MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - APRIL 18, 1989 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Jim Elling on April 18, 1989. 7:30 p.m.. at at the Andover City Hall, 1685 Crosstown Boulevard NW. Andover, Minnesota. Councilmen present: Knight, Orttel, Perry Councilmen absent: Jacobson Also present: City Attorney. WillIam G. Hawkins; TKDA Engineer, John Rodeberg: BRA Engineer, Glenn Cook: Assistant City Engineer, Todd Haas; City Planner, Jay Blake; City Administrator, James Schrantz; others RESIDENT FORUM Cecl I Sidwell. 4754 160th Lane NW - addressed the Council concerning law enforcement and budget management. He recommended educating the residents about the various ordinance requirements Instead of randomly citing residents for them. He said there are 5.000 dogs In the City of Andover, but only 2,000 of them are licensed. feeling a flyer sent to all the residents would be Informative and there would be more comp II ance. He also felt Judicial discretion should be used for enforcement of the ordinances. He showed pictures of obvious violations along major roadways that must be traveled before getting to his place. He asked why they weren't cited, yet he was. Mr. Sldwe] I also noted every winter his lawn beyond the right of way gets torn up and filled with debris. so they fix It up every year. It is not the City's fault; he was told It Is the county's fault. The width of the cuts through his law Is the same wIdth as his neighbor's tractor. Me. Sldwe II stated he Is not complainIng, asking If 1 t Is fair that he Is cited for minImal violatIons when there are such blatant vIolations around. Mr. Sldwel I suggested the CouncIl look at the amount of police coverage and the amount of the contract. With the decrease In crime In the City. he thought It may be posslbJe to reduce the coverage and save the money for other things. Mayor Elling didn't feel It would be reasonable to cut back on the number of hours of police coverage. As the populatIon Increases. so does the work load of the polIce. A]so. there are cycles In the crime rates. Councllmember Perry suggested the Council continue to encourage the ZonIng AdminIstrator to enforce the ordinance, as there are other areas of the CIty that need to be cleaned up. She said she drove past Mr. SIdwell's property this evening; and at this time It looks very nice. ~ - - -~ Regu]ar City Council Meeting April 18, 1989 - Minutes Page 2 (Resident Forum, Continued) John Lawrence. 14516 Round Lake Boulevard - felt more po11ce hours are needed. He said the water on the lake Is down and the smel] Is up. There are rumors that the City Is pumping out of the lake. that the proJect done west of the lake two years ago Is causing the problem. and-'or that the pumping east of Round Lake Into Coon Creek Is drainIng the lake. He asked Just what Is taking place. Mayor EI ling stated the DNR and TKDA are studying whether there Is any hydraulIc connection between the lake and the pumping In the dItches east of Round Lake Boulevard. Mr. ROdeberg explained the outlet for the Dehn's pond done two years ago Is 1 1/2 feet above the water level In Dehn's pond; and most of the water had gone down before the pipe was even put In. Because of the drought, the ground water table has gone down approximately 3 feet. After further discussion with Mr. Lawrence, the Counc I I noted they wII] consider ordering a study to be done by the DNR and TKDA to study the hydrau1Ics In that area. Mr. Lawrence complained about the dogs running loose that try to attack his chIld who rides his wheel chair down the road. asking If I t Is legal to carry a gun. Mayor Elling stated It Is I] legal to carry a gun and explained the procedure for contactIng the City to have the dogs picked up. ? . 2180 140th - Just moved into his house In January. and his . first utility bill Included a $30 charge for street lights retroactive to December, 1987. He didn't think he should have to pay for street light charges In Andover for the time he was living In Coon Rapids. When he cal led City Hall. he was rUdely Informed that the problem Is his. The developer, Tony EmmerIch, has refused to return his phone cal Is. He realized It was only $30, but It Is the prlnclp]e of the thing. Mayor Elling reviewed the background on the street light billing. thinking something was going to be worked out wIth the developers. He stated he would look Into It further and get back to hlm.P3 AGENDA APPROVAL It was agreed to add the following Items to the Agenda: 27, Round Lake Study; 28. Mayor's Report; and 29, Salary Negotiations for Union Contract. Mayor E111ng asked for a MotIon to approve the Agenda. MOTION by Perry. Seconded by Knight. to so move. Motion carried unan Imous I y . Regular CIty Council MeetIng AprI I 18. 1989 - Minutes Page 3 APPROVAL OF MINUTES MOTION by KnIght. Seconded by Perry, approval of the MInutes for April 4. Motion carried unanimously. B. HAY SEWER REQUEST Karla R. Wahl, representing Bruce Hay, requested the Hay property on Round Lake be Included In the Coon Rapids Interceptor sewer system pursuant to the recent Court of Appeals ruling that the property must be served by sewer. She revIewed her caJculatlons proving there Is capacity In the sewer distrIct to accommodate the proposed development on the Hay property. The Hay property Is 50 acres and antIcIpates 221 units to be buIlt. Ms. Wahl requested the CIty amend the boundary of the sewer district as soon as possIble to Include the Hay property for development. Attorney Hawkins stated he had a meeting set up to meet with Mr. Hay, but Mr. Hay did not appear. Mayor EllIng acknowledged the memorandum and the request. notIng the City's engineers wIll review the calculations. No Counc II action was taken. CREEKRIDGE ESTATES STORM SEWER Mr. Haas reviewed the problem of grading In CreekrIdge Estates. revIewing the options of extending the storm sewer pIpe to the north end of Block 2, regrading the area to elIminate standing water, or to do nothing. Mayor Elling spoke to the residents present that It should have been their understandIng that there was to be a holdIng pond for water between Kerry and Jonquil streets. Several residents stated no, that Is not what they were told when they bought the property. They were told It would be an even grade from their back doors. One gentleman stated he had 953 yards of dirt put In his back yard when the house was buIlt, and It did nothIng. Mayor EllIng explained the gradIng originally was done to specIfications. so the developer cannot be held liable. If someth I ng Is done now. the question Is how to pay for It. It has been the City's polIcy not to pay for Improvement proJects out of the General Fund. and the alternative Is to assess for any work done. Alan Mostue. 14483 Kerrv Street - stated there have been so many dIfferent storIes of what the developer dId and what the contractors did. The contractors wanted to put In ramblers, but they couldn't because the water pIpes weren't right. And there wasn't enough back fill to fIll up the lots. He didn't know whose fault all this Is. Regular City Council Meeting April 18. 1989 - Minutes Page 4 (CreekrIdge Estates Storm Sewer, Continued) Dave PIesentl. 14424 JonquIl - didn't belIeve Ken Gust's statements were correct regarding the gradIng to specifications. He took grades himself In October. 1987. noting the results Indicate there Is no way the water can draIn out on the south end. He also didn't belIeve It was the bul]ders who robbed the soil from that area. He stated all the dirt that was supposed to be put In there was put on the lots to raIse the buIldIng pads Instead. Now there Is no way the water can drain out. Mr. Haas stated the $21,000 estimate to extend the pipe also Includes about 1500 yards of fill over the pipe. Mr. Rodeberg felt more fIll will be needed because there Is less material there now than when they made the estimate. Mayor EllIng asked If the resIdents would be wIllIng to pay an assessment for a storm draInage proJect. Mr. Plesentl - stated since he talked to the CouncIl two weeks ago he talked to all of the neIghbors In the area and started a small war. He asked who would be assessed -- only those lots abutting the drainage area or the entire platted area. Mr. Haas stated 12 lots would receive dIrect benefit. Mayor Elling stated much of the plat drains to that pond that would also be benefitted from a storm sewer proJect. There was a lengthy discussion with resIdents as to how the area Is graded. what happens to the water. and what could be done. Several residents indIcated addIng fill and grading so the water drains would solve the problem. Now the water stands because It cannot get to the pipe to drain out. The EngIneers Indicated they had not calculated the amount of fIll that would be needed, but then estImated It would take about 3800 yards for a cost of $14.000 to $15.000. Counc II pointed out the agreement between the developer and the buIldIng contractor where the contractor Is solely responsIble for compliance of the Development Plan entered Into between the developer and the City of Andover. and that the contractor agreed to provide fInIsh grading and build any Improvements to the lot In accordance with the drainage plans approved by the City of Andover. Counc II thought that placed the responsIbilIty dIrectly on the buildIng contractors. Mr. Plesentl - questIoned the City's procedure for Inspecting the grading. To his knowledge. no one ever checked what was taking place. Me. Gust told him that there would be at least six more loads brought In at the tIme they were attemptIng to resolve the problem. Four or five of those were to go on hIs lot. But only two more loads were actually delivered. Mayor Elling explained the grading was approved and the escrow released even before any other Improvements were done. The problem seems to have occurred once the houses were being built, and the City cannot easily control what happens on private property. Regular City Councl] Meeting Aprl I 18, 1989 - Minutes Page 5 (Creekrldge Estates Storm Sewer. Continued) A resIdent stated they all have easements through theIr property. which allows the City to work In the easement. Others stated the CIty made a mistake In the fIrst place. but now It wants to assess them to remedy the sItuatIon. Mr. Mostue - stated the problem seriously affects everyone's property values because It looks terrible. There Just Isn't enough dirt back there. He also stated the property owners were not aware of the agreement between the developer and the contractors. Mr. Plesentl - didn't think there wou]d be a prob]em If the water stood for a period of tIme before It draIned out. but It has to be graded such that the water wIll get to the draIn. Nobody has been able to do any finishing of their back yards until thIs Is resolved. A gentleman from Lot 13 stated he has had at least 1 1/2 to 2 feet of standing water In his back yard. The buIlder hauled In 18 loads of fill and It was comp]etely level from his back door. WI thin six months It had all eroded away. and the door Is now 2 feet off the ground. Mr. Plesentl - asked If the CIty wou]d allow the neIghbors to brIng In theIr own fIll, thinking they could get It cheaper than what the City could do the proJect for. Mr. Schrantz didn't see a problem with the residents providing the fIll and the City grading It to specifications for them. Mayor Elling felt the only way that would work Is If the residents agree to Immediately sod their yards so It doesn't erode again. Mr. Plesentl - stated the reason no one has done their back yards yet Is because they were told that something was going to be done about the drainage problem. But nothing has been done In two years because neither the developer. the contractor. nor the City has assumed any responslbllty. Doua Lawrence. 2477 NW MaIn. Coon Rapids - stated there may be a lot of f I I I available on Crosstown when the compaction will come off thIs sprIng. Mr. Rodeberg stated the City owns that materIal. and It probably wl]1 be put back onto the City-owned lot at 139th and Crosstown. Counc II then asked the Engineers to prepare cost estimates for addIng f II I to the drainage area and regrade It so It drains, plus proposed assessments for benefitted parcels. After some discussion, the Counc II also agreed the residents are the damaged parties, not the CIty. So the CIty has no ]egal recourse. The contract shows It was the buildIng contractors' responslbl lty to fInish the Jots according to the approved grading plans for the plat, and It appears the respon- sIbility now lies wIth those building contractors. The residents. then, may have some legal recourse agaInst those contractors. Regular City Council Meeting -April 18, 1989 - Minutes Page 6 (Creekrldge Estates Storm Sewer. Continued) The owner of Lot 13 asked If he could fll] dl~t on his property up to the City easement and build a hili so the water doesn't come up to his house. Counc II stated yes as long as It does not Interfere with the drainage. Counc II then agreed to call a special meeting for April 25. Inviting the four builders Involved In this Addition plus the residents to discuss the problems and a course of action. MOTION by Knight, Seconded by Pe~ry, that we Invite the builders and Engineer (Ken Gust) on the proJect and developer to come In on the 25th. If we can arrange that date, and Invite them In as well as the residents. DISCUSSION: Counc II also had no problem If the Staff could resolve the problem with the builders ahead of that meeting. Motion carried unanimously. ORDINANCE 8 AMENDMENTS Planning and Zoning Chalrpe~son Becky Pease stated the first recommended amendment to Ordinance 8 Is to transfer the enforcement responsibilities from the Building Official to the City Planne~. MOTION by Knight, Seconded by Perry, to move that change as recommended. (Amendment to Ordinance 8, Section 9, Enforcement, (A) Enforcing Officer and Penalty) Motion carried unanimously. Chairperson Pease then reviewed some of the changes recommended to the Sign Ordinance. The Council then recommended the following changes be considered by the Planning Commission: 1) Make the restriction for political signs to be Insta]led no sooner than 30-days prior to an election less restrictive, as that wou I d be a problem for those running In primary elections. 2) Allowing only one political sign per lot Is restrictive as people often want signs for candidates on the local, state and federal level. 3) Consider adding a separate section dealing with political signs. 4) Check the size of vacant lot signs. thinking they are often 4x8 foot signs. 5) Address the sizes of signs advertising developments. as often the structure Is larger than what Is being suggested In the ordinance. 6) Look at the provision where signs can be no more than 130 feet to a house In a residential subdivision, as that may be a problem In the smaller-lot areas. Regular City Council Meeting Aprl I 18. 1989 - Minutes Page 7 (Ordinance 8 Amendments, Continued) 7) Consider a provision of al lowing a temporary sign for up to 10 days a year without a permit; for any sign to be up for more than 10 days a year, a Special use Permit would be required. This I tern wi I I be discussed fol lowing the Planning Commission's recommendations on the proposed changes. KIRBY ESTATES SKETCH PLAN Mr. Haas explained the property Is being developed by Kaye and Wayne Olson. It Is In Watts Garden Acres and Is zoned R-4. He Is also developing adJacent property In Coon Rapids. Two concerns are arranging an alignment of Humlngblrd Street with Coon Rapids and constructing 133rd through to Hanson Boulevard as an MSA road. The Counc II also needs to decide whether to take ownership of the outlot or to extend the lot II nes through It as was done I n Oak B luff . It Is a drainage pond for the overall storm draInage plan for this area and part of Coon Rapids. Mr. Schrantz recommended the City take the pond to make It part of the pondlng system and to keep It maintaIned. Attorney HawkIns stated It doesn't matter whether the CIty has fee title or Just an easement, as the City can maintaIn I t and use It In either case. But the City would have more rights as an owner as opposed to the holder of the easements. The other disadvantage Is the fee owner stilI has the rIght to do something with that property as long as I t does not Interfere with the drainage; and that could become a dispute. Wavne Olson - didn't have any plans for the pond. He will be provIding Information back to the City of Coon Rapids next week for their action on the portion of the plat In Coon Rapids. He understood he Is to provide the land for the road (133rd) and the City will pay for the construction of the street. Mr. Schrantz stated that Is the City's policy. Mayor EI ling also reported there are about 1.000 tires on the property. He talked with the PCA and has gotten them to agree to process these tires ahead of schedule. Mr. Olson has asked for assistance In movIng the tIres to the shredding site on Bunker Lake Boulevard Mr. Olson - stated the tires were on the property since before he purchased It. Mayor Elling dIdn't feel the City could expend City funds for private use. asking the Attorney If It Is possible to barter the removal of the tires In I leu of payment for the draInage easement. Me. Hawkins stated If the City Is getting something of value, yes. Me. Olson - felt Outlot A was worth more than the removal of the tires. Regular City Council Meeting Aprl I 18, 1989 - Minutes Page 8 (Kirby Estates Sketch Plan, Continued) After further dIscussIon on the drainage pond, CouncIl general]y agreed to take It as an outlot with drainage easement rIghts. and It will be deeded to the City at the tIme of the plat as a part of the plattIng process. Counc I I also agreed the removal of the tires Is the responsibility of the owner. There being no further comment. the plat Is to return to the PlannIng CommissIon for a public hearing. STORM DRAINAGE/TULIP STREET Mr. Cook reviewed three options for resolving the storm drainage on Tu IIp Street, feelIng the third optIon Is the most desIrable. The property owner Involved, Mr. Mucclncclard, has also IndIcated a wIllingness to work wIth the City. He estimated a cost of $3.500 for easements and about $1,500 for the Installation of the pipe. For fInancing, Mr. Cook recommended first approaching MNDot to see If they would fund It as part of the MSA street project. If they do not, the alternatives are to assess It or to take the money from the general fund. Mr. Cook also reviewed the whole storm drainage system proposed for the entire area should the property ever develop to a higher density. Mr. Schrantz stated the residents were told at the time of the road Improvement hearing that If addItional right of way had to be acquired. It would be assessable costs. Counc I I agreed to ask for State Aid fundIng as the first step. MOTION by Orttel, Seconded by Perry. that we direct the Bonestroo firm to prepare plans and specificatIons for street drainage on Tu]lp Street and submit them to the State of MInnesota for approval under Option No.3 as presented on 4-18-89. (See Resolution R069-89) Motion carrIed unanImously. KENSINGTON ESTATES FOURTH ADDITION FINAL PLAT Jerry Wlndschltl, developer, requested the Council table the approval of the final plat until some Items can be resolved and to approve a substItute plat In the front of the two outlots. In the future when the area Is developed, I t wi I I remaIn the same dimensions and number of lots as origInally proposed. He understands he will need to resubmit the plat of the outlot. and It would come back as Kensington 5th AddItIon as a replat of an outlot. He also asked to table Item 24. Approve Plans & Specs of IP89-8. KensIngton 4th. MOTION by KnIght, Seconded by Perry, a ResolutIon approvIng the fInal plat of KensIngton Estates 4th AddItion as being developed by Jerry and Carol Wlndschltl In SectIon 27 32 24 as presented with the omission of Item No.5. (See Resolution R070-89) Motion carried unanImously. Regu]ar City Council Meeting Aprl I 18, 1989 - Minutes Page 9 COON CREEK WATERSHED LEGISLATION Mayor EI]lng noted the bill by Senator Dah] to provide for for a loca] watershed task force. He also suggested that If the other bill to pay the fees of the Watershed Board Is approved. the City should ask the Watershed Board to send a letter statIng the City wIll not be charged agaIn for engIneering data. Counc I I noted there Is the open Item of the Interest on the county's Joan and whether the county wll I forgive that Interest or at least lower the rate to 6 percent. It was pointed out that basIcally Andover residents wi I] be paying back that $100,000 loan. Mayor Elling stated the county has not made a commitment to forgivIng the Interest. Councllmember Orttel understood the City Is beIng asked to withdraw Its lawsuit If th I s b II ] Is passed; howeve~, the bl] I does not address the maJor Issue of whether the proposed proJect on Ditch 57 was a repair or maintenance proJect. Mayor Elling stated If the City accepts the engineering fees and plans. then It Is accepting the design as well, which Includes a much larger area than what Is presently the~e. Councllmember Orttel stated then he Is not wIlling to do that. HIs argument has been that they were rebuilding the dItch and not maIntaInIng It. He never Intended to say that our approval of the legIslation means our approval of the proJect as proposed. He felt the engIneering data that can be used again Is that obtained when shooting elevatIons; but he definitely dIsagrees with theIr proposal of widening and deepening that ditch far beyond what Is necessary. He asked to see a copy of the lawsuIt the City filed against the Watershed Board to see what points were listed before voting on whether or not to drop that suit. MOTION by Ortte], Seconded by Knight, that we again ask the Coon Creek Watershed Board for a letter confirmIng the fact that the engineering data developed prevIously and proposed to be paid for by the City of Andover wIll be used If any proJect should occur In the future on Ditch 57. and that the City not Incur any other engineering costs relating to those activities that were already performed. Motion carried unanimously. MOTION by Knight, Seconded by Perry. that the Andover City Council direct Staff to draft a letter to the Anoka County Board of Commissioners requesting that a permanent appointment be made to the Coon Creek Watershed DistrIct from the City of Andover, and also that the posItIon of adminIstrator be separated from the accounting, and also request that the Board of Commissioners advise as to their Intent as regard to the $35,000 Interest that Is owed on the $100.000 loan. Motion carried unanimouslY. Winslow Holasek - asked that everything be In writing and that the City give a clear Indication as to who they want for the permanent appointment to the Board. Regular City CouncIl MeetIng April 16, 1989 - Minutes Page 10 D. LAWRENCE REZONING Chairperson Pease reviewed the PlannIng CommIssion's recommendatIon to deny the request of Douglas Lawrence to rezone the property at 1331- 13 Round Lake Boulevard from R-4 to General BusIness. The proposed use would be a convenience store/gas station/car wash. She also reviewed the reasons for their denial as outlined In their motion. Doualas Lawrence. Coon Rapids - stated they went according to the guidelines they were given by Mr. Blake. which called for a sIx-foot fence. If the CIty wishes something different. he stated he will do whatever Is desired. The owners want to sell the property. They had originally sold a portIon of It for the development behind them and were left wIth less than two acres. At that time they didn't understand the requirement of needing two acres for Neighborhood Business. No one Is Interested In that property except for commercIal use. He thought with the widening of Round Lake Boulevard, the traffic problem wIll be al]evlated with a stop light on 133rd. Several residents In the audience stated no light Is beIng planned at 133rd. Mr. Lawrence - stated he talked with the highway department and there are plans to wIden the road withIn the next 1 1/2 years. feeling thIs will be a very good area for commercial development. Council noted the Comprehensive Plan tries to buffer R-4 areas from General Business to soften the effects on the neIghborhood. Another problem wIth the GB distrIct Is that It allows other uses whIch may be offensive to an abuttIng neIghborhood. The Council was concerned about the traffic through the area. as It Is heavIly traveled now and the problems will be compounded when the Rum River bridge Is finished. UnfortunateJy the City did not have the foresIght to require a service road along Round Lake Boulevard as It was being developed. Mayor EllIng acknowledged a petition sIgned by approxlmateJy 150 resIdents expressing theIr oppositIon to the proposed rezoning. Testimony was then opened to the public. Garv Rudd. 13314 Sllverod Court - disagreed with Mr. Lawrence, feelIng It Is not a good spot for a business of this sort. It Is contrary to the Comprehensive Plan and will be an Island of commercIal with residents on four sides. There Is already three gas statlon/ convenIence stores within 1/2 mIle plus others planned for the area south of It. If thIs proposal does not make It. It could become unsIghtly If I t Is boarded up. The ComprehensIve Plan ca] Is for It to remaIn R-4, feelIng the City has an obligation to retaIn that zoning. The petItion Is from those In Woodland Terrace, and he found no one In favor of the proposal. Everyone Is also concerned about the traffic problem, feeling the proposal will only make It worse. MOTION by KnIght. Seconded by Perry, Introducing the Resolution denying the request of Douglas Lawrence as presented. (See ResolutIon R071-89) MotIon carried unanimously. Regular City Council Meeting April 18, 1989 - Minutes Page 11 RECYCLING COORDINATOR Mr. Blake Introduced Cindy DeRuyter, the Recycling Coordinator, to the Council, stating she also Is currently setting up an Andover clean-up day. Council agreed to discuss her proposals for recycling at a Specla] Meeting on May 18. Council recessed at 10:41; reconvened at 10:48 p.m. CROSSTOWN BOULEVARD STORM SEWER. CONTINUED Mr. Rodeberg stated he and Mr. Schrantz met with Paul Ruud of the County Highway Department regarding the county's share on the Crosstown Boulevard Improvement proJect. The county agreed to pay only 8 percent of the engineering for the design portion. If they did pay all that Is attributable to their portion of the proJect. the county's share would be about $76,000 Instead of $50.000; so the City's share would decrease about $26,000. Mr. Rodeberg stated the county has already agreed to pay $63,000 more than the original agreement because of overruns, and It Is very unlikely they will be willing to pick up any additional costs for storm sewer. Jerrv Wlndschltl - stated there Is stilI a portion of the costs that are actually the county's portion. as the engineering costs were 22 percent, and the county Is paying only 8 percent. If the remaining 14 percent Is assessed. then he and the other residents are being asked to pay what the county should have paid for their portion of the proJect. Mr. Rodeberg explained the 8 percent was agreed to before the proJect began. Everything has been done according to that agreement. again doubting the county will cover more than the $63,000 overrun. Mr. Wlndschltl - didn't feel I t Is reasonable to try to collect that amount from the residents when It should have been paid by the county. Also, If the po]lcy Is going to change and assessments are made along an MSA road, how far retroactive will this be done, noting this proJect has been completed for two years. There was a substantial amount of storm sewer work done and assessed In the Kensington Estate plat. Mr. Rodeberg stated In other plats, there Is a charge for both lateral and trunk storm sewer. Kensington Estates was assessed for Its Internal lateral storm sewer. The storm sewer In Crosstown Boulevard was oversized to accommodate the entire drainage area, including Kensington Estates. Based on the concept used In other plats. they are proposing an area-wide assessment for storm sewer trunk for Kensington Estates as origInally proposed In 1987. Regular City Council Meeting April 18, 1989 - Minutes Page 12 (Crosstown Boulevard storm Sewer, Continued) The discussion continued with the Engineers and Mr. Wlndschltl as to posslb]e solutions to the Issue and the effects of any policy change on this and future MSA proJects. Mr. Wlndschltl - felt It will be difficult trying to assess two years after the fact. If the costs are not assessed. he suggested taking the funds from the annual State Aid money or bond surpluses. Mr. Schrantz stated the money that Is accumulated can be used at the City's discretion; however, most of the money has already been committed to other Items. Mr. Rodeberg noted some cities set up a storm sewer utility fund to fund projects such as this. Council discussion noted several upcoming expenses that has not been budgeted for. They also asked the Engineers to determine the difference between the oversized storm sewer trunk pipe to accommodate Kensington Estates versus what It would have been without that plat. Some suggested Kensington Estates should pay for the size difference. Council also asked to know the costs with and without assessing the abutting 150 feet along Crosstown Boulevard. MOTION by Perry, Seconded by Orttel that we table this Item until Tuesday the 25th at which time TKDA will have prepared for us a breakdown of the costs between what the cost for construction without the oversized pipe and with the oversized pipe. and with and without the 150 feet. Motion carried unanimously. COMMERCIAL PARK PURCHASE AGREEMENT Attorney Hawkins reviewed the terms of the contract for deed without Interest, noting the balance Is due and payable on November 1, 1989. Nothing can be built on the property until the balance Is paid. Mr. Blake also explained the City will review the drawings of the proposal to be sure It meets all requirements before construction begins. Mayor E]llng asked for a motion to allow the Mayor and Clerk to sign the purchase agreement with AgrlChem. Inc., for Lot 1, Block 3 In the Andover Commercial Park. MOTION by Orttel, Seconded by Perry, to so move. Motion carried unanimously. FIRE DEPARTMENT EMPLOYEE-'PUBLIC HEARING Attorney Hawkins advised a closed meeting can be held to deal only with the confidential or private data. Mayor E]llng noted the hearing Is to act on the Fire Chief's recommendation to dismiss Tom Schutrop based on the Items noted In the warning report. Regular City Council Meeting April 18. 1989 - Minutes Page 13 (Fire Department Emp]oyee/Publlc Hearing, Continued) Council then went Into closed session to discuss the al legations. 11:40 p.m.; reconvened at 11:50 p.m. MOTION by Perry, Seconded by Knight. that the Andover City Council support the Fire Chief In his decision to terminate a firefighter for the reasons that were presented In the closed session. Motion carried unanimously. Councl recessed for an HRA meeting. 11:53; reconvened at 11:56 p.m. DISASTER PLAN APPROVAL MOTION by Knight, Seconded by Orttel, to table this to the 25th. Motion carried unanimously. AUTHORIZATION TO HIRE PUBLIC WORKS EMPLOYEE MOTION by Knight. Seconded by Orttel, that we approve that request for Public Works II. Motion carried unanimously. CITY CELEBRATION/DOWNTOWN CENTER Mayor Elling reported on some of the activities planned during the City Celebration at the Downtown Center. and they are again asking for financial support from the City. Last year the City funded $1.000; they would Ike at least that much or preferablY $1.500. Councllmemher Orttel was concerned about giving money for a commercial endeavor when the City has not supported the Red Cross. which has provided an Invaluable service to the City. He thought the policy should be looked at again. MOTION by Knight, Seconded by Orttel, that we approve the same amount, $1,000. Motion carried on a 3-Yes, l-No (Perry), I-Absent (Jacobson) vote. APPROVE EVALUATION FORMS Frank Stone, Public Works Supervisor. was not In favor of adopting the new forms. thinking It will take a lot more time to complete without attaining more Information. Mayor Elling felt the new Finance Director should revIew the form before It Is adopted since that position will be In charge of Personnel matters. MOTION by Perry, Seconded by Knight, to continue this. Motion carried unanimously. Regular City Council Meeting AprIl 18, 1989 - Minutes Page 14 APPROVE ASSESSMENT ABATEMENTS MOTION by Orttel, Seconded by Knight, that the assessments due In 1989 and thereafter on the property known as PIN 34 32 24 23 0056, Outlot C, Red Oaks Manor 5th Addition, be abated as this property Is tax exempt; and the property known as PIN 27 32 24 32 0021 request an abatement of $1,834.25 certified for 1989 taxes and certIfy $917.13 for that year. Motion carried unanImously. FUNDING FOR FURNACE CONVERSION/CITY HALL Dave Almgren, Building Official, recommended the funds be taken out of the 1987 or 1988 surplus. NothIng has been bUdgeted for this Item. He received one bId for $14,200 to replace three unIts plus $1,880 for the fourth unit which wouldn't need to be converted right away. DIscussion was noted the cost for al I four units exceeds the $15.000 maximum for quotes. Council debated whether the proJect should be spIlt and accept the quote or to go out for bIds for all four units. MOTION by Orttel, Seconded by Perry, authorIzing an expenditure of $14,200 for Pierce Refrigeration HeatIng and Air Conditioning to replace three Carrier rooftop 5-ton complete wIth Integrated economizer 48DGE-006, funding to come from prIor year's surplus. DISCUSSION: raIsed the Issue of subverting the Statute by having only three unIts replaced at this tIme when the Intent Is to eventually have all four of them replaced. There was also concern about the status of the surplus funds. as some of the funds have already been allocated for other purposes. Councllmember Perry and Orttel WITHDREW the Second and the MotIon. Mr. Almgren was asked to either renegotiate with Pierce RefrIgeratIon or to go out for formal bids. AWARD BID/88-35A/TEST WELL It was noted there Is a bll I In the legislature that would allow the Health Department to do geological surveys of the rock formations, and apparentlY they would be starting In Andover. There Is also a bill to require an addItional two cents per 1,000 gallons of water usage to fund some of these programs such as radium study and treatment. Because of these pending bl]ls, the Councl] agreed not to award the bill for the test well at this time. MOTION by Orttel, Seconded by Perry, to hold this Item until the 25th. Motion carried unanimously. Regular City Council Meeting April 18, 1989 - MInutes Page 15 JOINT POWERS AGREEMENT/SIGNAL 135TH AND ROUND LAKE BOULEVARD It was noted the total cost to the City for the two sIgnals would be $64.800 and nothIng has been budgeted for signalIzation. Mr. Schrantz recommended It come out of the 1987 surplus. He does not yet know how much the 1988 surplus wIll be. Councl] asked for a balance of the surpluses for the AprIl 25 meetIng. It was agreed to carry thIs Item to that meeting. EXECUTE OPTION/LAPTUTA PROPERTY Because the funds wI I I also come from the surpJus, this Item was also carried to the AprIl 25 SpecIal MeetIng. APPROVE PLANS & SPECS/89-1/WARD LAKE DRIVE MOTION by Orttel. Seconded by Knight, a Resolution approving fInal plans and specifications and ordering advertisement for bIds for ProJect 89-1. Ward Lake DrIve as presented. (See Resolution R072-89) Motion carried unanImously. APPROVE PLANS & SPECS/89-2/TULIP STREET MOTION by Orttel, Seconded by Perry. a Resolution approving final plans and specifIcations and ordering advertisement for bids for ProJect 89-02, TulIp Street as presented. (See ResolutIon R073-89) MotIon carried unanimously. ROUND LAKE STUDY MOTION by Orttel, Seconded by Perry, that the City Council, City of Andover. offlclalJy request the DNR to do a technlca] analysis on Round Lake to determine the extent. If any, that the water level on nearby property has on the lake level; specifically, does the water level on the property to the east have an affect on Round Lake, or southwest and Dehn's Pond. Motion carried unanimously. NEGOTIATIONS OF UNION CONTRACT Mr. Schrantz stated the City's negotiator will be coming back wIth his recommendatIons on the language of the contract. Mr. Smythe has suggested he meet with those In Public Works to tel I them what recommendations he Is prepared to take to the CIty Council. Mr. Schrantz stated he has already brought hIs recommendatIons to the Personnel Committee. No Council action was taken. Regular City Council Meeting April 18, 1989 - Minutes Page 16 MAYOR'S REPORT - IMPROVEMENTS IN THE COMMERCIAL AREA Mayor Elling stated the City has begun proceedIngs to clean up the Junk on two parcels In the Junkyard area. It Is beIng done under the Nuisance Ordinance with the costs assessed back to the property. The Mayor also reported on the FHA financing problem, noting Red Oaks 6th wi I I not get FHA fInancing at this tIme. The FHA Is concerned about the unsightly Junkyards and wIth the hazardous waste sItes. The FHA Is suggestIng the City be more aggressive In eliminating the Junkyard problem In that part of the CIty. Mayor EllIng also reported he met with many of the Junkyard owners along Jay Street and In Watts Garden Acres. It was his opinion that unless the CIty becomes more aggressIve In the development of the CommercIal Park, that I t wi I I never happen because the Junkyard busInesses are quite lucrative and do not want to change. However, there are some property owners on the southern portion of Jay Street that want utIlIties and want to develop the property. For these reasons, he suggested the Councl] order a feasibIlIty report for the construction of Jay Street south to the Coon Rapids border and CommercIal Boulevard from Jay Street to Hanson Boulevard. ThIs would Include sewer and water. storm sewer, streets with curb and gutter and landscaping. Though there probabJy would not be a maJority petition to do such a proJect and this would break the policy of not ordering proJects without a maJority petItion, he felt It would be In the best Interest of the City to actIvely begIn the redevelopment of this blIghted area of the City. Jay Street would be assessed; however, CommercIal Boulevard would be constructed with TIF funds. There was some dIscussion on the proposal, fundIng, and Its affects on varIous propertIes. Mr. Schrantz estimated a cost of $1.000 to have a feasibilIty report done. MOTION by Perry, Seconded by Knight, that we request TKDA to prepare a feasibIlity report for Jay Street from Bunker Lake Bou]evard to the Andover boundary and a separate alternate report for Commercial Boulevard from Hanson to Jay Street. (See Resolution R074-89) Motion carried unanlmous]y. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Knight, Check Numbers 16393 through 16452 In the amount of $96,532.88. Motion carried unanimously. MOTION by Perry, Seconded by Knight, to adJourn. Motion carried unanImously. Meeting adJourned at 1:08 a.m. ,-,.RespectfuI Iy sUbm±:Ued'~L ~~~~ C,--{ ;¿~ . Mar Ila A. Peach, RecordIng Secretary