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HomeMy WebLinkAboutCC December 19, 1989 ~ 'J.' CITY of ANDOVER Regular City Council Meeting-December 19, 1989 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Glatt Request 2. Watt's Garden Acres Sketch Plan/Comm. Blvd Alignment 3. Metes & Bounds Park Dedication 4 . Ordinance 53 Amendment 5. Ordinance 62 Amendment 6. Kensington Estates 4th Addition Staff, Committee, Commission 7. License Renewals 8. Authorize Election Equip. Purchase 9. Award Computer Bid 10. Award Bid/Recycle Bins 11. Award Bid/IP89-24/Comm. Park Pond 12. Rose Park Discussion 13. Address Similarities 14. Equestrian Council Appointments 15. Open Burning, Cont. 16. utility Bills/Due Date Discussion 17. Compensation/Compo plan Task Force Non-Discussion Items 18. Accept Assessment Roll/88-8, 88-17 19. Declare Costs, 89-4; 88-20 20. Accept Easements/uplander Street 21. Approve Street Construction/Lund's 4th Addn. 22. Approve Engineering Rates/Bonestroo Eng. 23. Proclamation/Chemical-Free Week 24. Accept County Roads 25. Approve Final Payment/87-10 Approval of Claims Adjourn ~"," .CA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W< . ANDOVER, MINNESOTA 55304 . (612) 755-5100 -'.. REGULAR CITY COUNCIL MEETING - DECEMBER 19, 1989 MINUTES The Regular BI-Monthly Meeting of the Andover CIty Council was called to order by Mayor Jim Elling on December 19, 1989; 7:S0 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembers present: Jacobson. Knight. Orttel Councllmembers absent: Perry Also present: CIty Attorney, William G. HawkIns; TKDA Engineer, John Rodeberg: Planning and Zoning Commission Chairperson. Rebecca Pease; City Planner. Jay Blake; CIty Finance Director, Howard Koollck; City Assistant Engineer. Todd Haas; City AdmInistrator/EngIneer, James Schrantz; and others AGENDA APPROVAL It was agreed to add 6a, 17Srd Avenue Paving ProJect, and 17a, Closed MeetIng with Attorney - Archlega Nordstrom Complaint, to the Agenda. It was also agreed to discuss the use of the bond call proceeds at the Janaury 2 meeting. MOTION by Jacobson. Seconded by Knight. the Agenda as amended. Motion carried unanImously. APPROVAL OF MINUTES November 29 and Decembe~ 5, 1989. MOTION by Orttel, Seconded by KnIght, approval as written. Motion carried unanimously. GLATT REQUEST Mr. Blake gave the background InformatIon regarding Mr. Glatt's request to amend Ordinance 8 to replace the term "animal" under Section 7.0S wIth "anima] unit". which Is what Is used by the Minnesota Pollution Control Agency. Mr. Glatt currently has some farmIng operations but Is looking to apply for a Special Use Permit for a feedlot, which Is an allowable use In the Ag Preserve DistrIct. HIs proposal Is to construct seven buIldIngs -- one vegetable processIng, two chick buIldings and four hog houses. By changing the ordinance. Mr. Glatt could have 575 animals before a SpecIal Use Permit would be required. Under the current ordinance. a Special Use Perml t Is requIred where more than 15 non-domesticated animals are kept. Regular City Council Meeting December 19. 1989 - Minutes Page 2 (Glatt Request, Continued) Mr. Blake stated the Staff recommends the item be tabled since Mr. G]att will be required to obtain a Special Use Permit for the feedlot operation. He asked for direction from the City Council. MOTION by Jacobson, Seconded by Knight, move the Staff recommendation to table the item. DISCUSSION: Councllmember Orttel suggested the Item be referred to the Planning Commission to review the standards on allowing any feedlots in the City. He wondered If the acreage should be based on net usable land. not total acres. With the rapid growth In the City, Mayor EI]lng questioned whether feedlots are compatible with residential developments. Possibly they should not be allowed at all. Council generally agreed the P & Z should look at using net acreage when considering Special Use Permits fo~ feedlots when ~evlewlng Ordinances a and 10 after the first of the year. Motion carried unanimously. WATT'S GARDEN ACRES SKETCH PLAN/COMMERCIAL BOULEVARD ALIGNMENT Mr. Haas gave a presentation of p~oposed and recommended development layouts for the resldental areas to the west of Hanson Boulevard along the southern boundary of the City. The Planning Commission recommended Sketch B for the area east of Jay Street. which was suggested by the Andover Review Committee based on the topography of the area. and Sketch D for the Boeke and Hurst property west of Jay Street, which was suggested and agreed to by both property owners. Councllmember Jacobson asked If al] affected property owners were properly notified. Mr. Blake stated all property owners were sent a letter Informing them of the informational meeting and were asked to contact the Staff if they had any questions. Mr. Blake then reviewed several layouts for the proposed Commercial Boulevard from Hanson Boulevard west to Jay Street and the frontage road along Hanson Boulevard. He noted the advantages and dlsadvantates of the options. stating the Planning Commission recommended Option 4R. Two buildings of Roger's Auto Body would have to be removed, but that would be offset by splitting the parcel Into four marketable commercial lots. All the sketches were based on the fact that Gerry Wegner was wanting to develop his prope~ty as residential. If he changes his mind and wishes to develop commercial Jots. Option 4R may need to be looked at again. Mr. Blake also reviewed three layouts for the proposed Commercial Boulevard west from Jay St~eet to the proposed Nightingale Street. The P & Z felt the best alignment would be Option C because It separates the commercial and residential areas. and it allows the City to assess both sides of COmme~clal Boulevard versus only assessing one side If Regular City Council Meeting December 19, 1989 - MInutes Page 3 (Watt's Garden Acres Sketch PIan/CommercIal Blvd. Alignment, Cont.> It borders resIdential property on one sIde. The negative factor Is It splits the property of Andover Auto Parts. Me. Blake stated he dId not have any IndIcatIon from Mr. Pears whether or not that would be acceptable. Mr. Rodeberg noted the right-of-way for Commercial Boulevard would be 90 feet and would be a 4- or 5-lane roadway. The frontage road would be the standard residential street, 33 feet wide back-to-back. Chairperson Pease stated the Planning CommIssIon looked at the overa I I layout. In the last proposa I . they realized Andover Auto Parts would have to be spIlt as It exists today. They were looking to the future when It would be divided. They looked at causing the least Impact on other property. at the Intersections for traffic, and at a buffer between residential and commercIal areas. Mayor EI ling asked what the reaction was of Kottke Bus. Mr. Blake stated they were not represented at the meetings. Mr. Rodeberg stated an Interest was expressed In splitting off property from the back line. Me. B]ake also noted Andover Wheel & Frame Alignment wants to add on to their bul]dlng. They would like to see thIs alIgnment Issue resolved so they know what Is the best way to face the buIldIng. Mr. Rodeberg also explained the pond shown on the Kottke Bus property can be moved anywhere when It Is constructed to best suit development of that back area. Under OptIon 4R. CommercIal Boulevard does not ] Ine up wi th the access to the county property east of Hanson Boulevard. They tried to get Commercial Boulevard half way between 133rd and Bunker Lake Boulevard. Gerrv Weoner. Lot 11 - stated the proposed frontage road could be moved further north, Instead of extending south over hIs property, and then to Hanson Boulevard to serve the same purpose. Me. Haas stated they looked at the east part of his property remaining commercial. Mr. Weoner - noted In all the sketches for residentIal development of hIs property and the Mardaus', 134th goes rIght through hIs house and the cuI de sac comes up along his pole barn. And In both sketches. he gets 16 lots. whereas there are 20 lots to the south of him. He has a four-bedroom house, 1 1/2 baths evaluated at $89,000 ten years ago. He talked to a builder/developer who said they wouldn't move his house to develop his property. Mr. Wegner stated to him It Is a matter of economIcs, and he fel t It Is economlcal]y unfeasible for hIm to develop to eIther of the proposed sketches. The sketch he presented was a reaction from the proposed Mardaus development and CommercIal Boulevard. noting even his sketch plan shows the road going through hIs house. Mr. Blake stated they are willing to work with Mr. Wegner on layouts to get mor-e lots and stll I provide access to the adJoining property. The Planning CommissIon recommendatIon was based on not wanting to clear-cut al I the pIne trees on the Mardaus property and because of the topography. Regular City Council Meeting December 19. 1989 - Minutes Page 4 (Watt's Garden Acres Sketch PIan/Commercial Blvd. Alignment. Cont.> Me. Weoner - stated he stili has a slx-year-old child and needs a nice house. He Is willing to develop If he can stay financially lateral. but he doesn't want to be paying more to live on a smaller lot. He didn't think he was being treated fairly considering the proposed road takes his house and he would get less lots than his ne I ghbor . It's a matter of money with him. Mrs. Lvnn Mardaus - stated they did provide a sketch to the City that shows 19 lots on Mr. Wegner's property by swinging Hummingbird street to the east. but Mr. Wegner wasn't Interested at that time. She said she has tried to develop with Mr. Wegner. but It Is not working. Mr. Wegner has also Indicated he would like to develop commercial. She said she cannot pay Mr. Wegner for the road, noting he wanted to get 20 lots or have her pay fo~ the road. Ms. Mardaus stated she needs to know If the City wants Hummingbird to go through and whethe~ the Wegner property will be commercial or residential. They are ready to develop now, having been waiting to do so for the last four months. They are being assessed for storm sewer and they need to develop. She also stated this Is the very first time she has heard that Mr. Wegner Is concerned about saving his house. Counc II discussed ways of developing the Wegner and Mardus property together or the Mardus property Independently. Mr. Blake agaIn explained the problems with the Mardus property developing on Its own and with an east-west road through the mldd]e of their property because of the steep grade and large stand of pine trees. Mr. Haas stated Mr. Wegner Is not being treated any differently than other developers, and tonight Is the first time the Staff has heard about Mr. Wegner wanting to save his house. Discussion continued with Mr. and Mrs. Mardus and Mr. Wegner In an attempt to reach some agreement on developing the properties. Mrs. Mardus noted the P & Z suggested she develop the eight lots along Hummingbird and the four Jots along Jay Street. leaving the mIddle eight lots In the proposed cuI de sac until Mr. Wegner Is ready to develop. Counc II noted a problem with that Is the mldd]e property, plus the Hunt property to the south, becomes I and locked If the Wegner property does not develop as proposed. Another problem Is the land would not be able to sustain an assessment If It becomes undevelopable. Mr. Wegner again stated his problem Is money. He noted the posslbl]lty of developing the east half of his property as commercial off the frontage road and the west half as residential. He'd lose hIs house that way also, so he may not be able to develop until he Is ready to move. Mr. Blake stated the Planning Commission was working under the assumption the western two-thirds of the property would be res I den t I a I . Regular City Council Meeting December 19, 1989 - Minutes Page 5 (Watt's Garden Acres Sketch Pian/Commercial Blvd. A]lgnment. Con t . ) Jack McKelvev - stated he was asked by the president of Kottke's Bus Company, Mr. Peterson. to represent them this evenIng. He was asked to tel I the Counc 11 that they received no notIficatIon of any of the hearings. They were not aware of any decIsions beIng made until a few days ago, and they are disturbed that this Is beIng proposed to go Into the Comprehensive Plan without their Input. Kottke's land fronts on Commercial Boulevard, Jay Street, and the frontage road along Hanson Boulevard. Me. Peterson told hIm they are not Interested In subdIviding their land at this tIme, and he doesn't want to see this develop now. He feels he would be taxed such that he would have to move out of there, and he doesn't want to do that. Mayor Elling noted he talked to Mr. Peterson prevIously and tried to explain this Is a proposed long-range plan. nothing cast In concrete. A plan Is needed for the future for orderly development of the area. There are no Immediate plans to construct the roads, nor has the financing been discussed. Mr. Blake noted the name and address of Kottke's where the letter for the hearing was maIled. Mr. McKelvev - again stated Mr. Peterson has said they did not get a letter and was shocked to learn about the proposal to put the frontage road behind the body shop. He also read a copy of the letter sent to the people thInking the wording was vague because 1 t did not mention anything about Commercial Boulevard or the frontage road, only those Interested In Watt's Garden Acres. Counc II noted no one wants the bus company to move. again noting thIs Is a long-range plan. Councllmember Orttel explaIned no one I s rea I I y In favor of Commercial Boulevard, but the Idea Is to develop the long-range plan so people who want to develop wIll know where things will be. He also felt the letter to the people should have mentioned the areas to the south and the proposed road system. JoAnn Wilber - thought the proposed ]ocatlon for Commercial Boulevard Is too close to the service road off Bunker Lake Boulevard. Also, with moving Bunker Lake Boulevard to the south to put It on line, there Is very lIttle room for development between 1 t and the proposed service road. Discussion again centered on the development of the Mardus and Wegner properties. One Counc II suggestion was to place 134th on the property line of Mardus and Wegner and run the cui de sac south to the Hunt property and HummIngbird up to meet 134th. The advantage would be to save Mr. Wegner's house, and It would allow him to develop with cuI de sacs. Mr. Schrantz explained Coon Rapids wIll be billIng Andover for the storm sewer proJect as It Is done. Kirby Estates wIll be assessed now, but the others wi I I not be until they develop. He didn't know whether 0[' not Interest was accumulating on It. Regular City Council Meeting December 19, 1989 - Minutes Page 6 (Watt's Garden Acres Sketch PIan/Commercia] Blvd. Alignment, Cont.) Mrs. Mardus stated there seems to be some confusion as to whether the assessment Is based on the zoning of the property at the time the proJect Is ordered or at the time the property develops and the assessment Is paid. The City has been suggesting the front of her property be zoned commercial. She has not yet decided; that Is where her house Is located. At this point the Council noted the City has no right to dictate how the Wegner and Mardus property should be developed. If the two of them cannot reach an agreement to develop Jointly, then each parcel will have to develop Individually. It was suggested the Marduses, Wegners, and Hunts meet with Staff at a meeting to discuss the best layout for development of those properties. Mr. and Mrs. Mardus and Mr. Wegner agreed to meet with City Staff as proposed. Discussion was then on the proposed layout for development west of Jay Street on the Hurst and Boeke property. Susan Hurst - stated she talked with the FHA and was told their property would not be eligible for FHA loans because of the adJacent Junkyards. Because of that. Mrs. Hurst stated they will not be able to develop their property. Don Boeke - stated he hasn't talked to the FHA yet, but he didn't think there would be a problem with his property. He stated he Is stl] I Interested In developing, thinking It would be slmlllar to the proposa I . Some changes would have to be made If the Hurst property doesn't develop at the same time. He agreed to discuss It further with the City Staff. Counc I I felt no decision on the location of Commercial Boulevard should be made until It Is known what the property owners want to do with their land. When the Issue of Commercial Boulevard Is discussed again In the future. It was agreed the residents would be renotlfled. METES AND BOUNDS PARK DEDICATION Park and Recreation Commission Chairperson Marc McMullen thought it was the Intention of the Planning Commission that park dedication should be co]lected on all metes and bounds subdivisions. He understood the Park Board would determine the collection of park fees on a metes and bounds spIlt based on whether or not I twill ever be subdivided again. It Is to the City's benefit to take park fees when the land Is fullY developed. Right now there are five-acre lots being developed and no park fees are being collected. Chairperson McMu]len stated this Is an attempt to co]lect park fees falr]y. Regular City Council Meeting December 19, 1989 - Minutes Page 7 (Metes and Bounds Park Dedication, ContInued) Counc I I expressed concern that those decisions not be made arbItrarily but also recognized there are very few metes and bounds subdlvslons each year. MOTION by Jacobson, Seconded by Orttel, the amendment to Ordinance 10 as presented. but on the third line where It says "and bounds lot splits greater than five (5) acres In size and less than twenty (20) acres In size". scratch out "greater than five (5) acres In sIze and". so It reads "and bounds lot splits less than twenty (20) acres In size. " Motion carried on a 4-Yes. I-No (Knight, as he thinks It Is a mistake) vote. ORDINANCE 53 AMENDMENT MOTION by Knight. Seconded by Orttel, amendment to OrdInance 53 as presented. MotIon carried unanlmous]y. (Repeal of Ordinance 1) ORDINANCE 62 AMENDMENT MOTION by Jacobson. Seconded by Orttel, OrdInance 62 amendment. MotIon carried unanimously. (Repeal of Ordinance 2) KENSINGTON ESTATES 4TH ADDITION Councllmember Jacobson expressed concern over the legal procedure to amend an existing plat. thinking It should go through the P & Z and affected residents notIfied. Jerrv Wlndschltl. developer - explained a request was made of him by the PCA, and he Is trying to honor that request. The changes he Is requesting were made so there are no maJor varIances from the requIrements of the ordinances. It Is an unusual situatIon. and he recognizes he Is gIving up something to do this. Mayor Elling noted the tIme problem because the Consent Decree on the Waste Management site Is to be finalized shortly. He felt It would be to everyone's best Interest I f the Counc II could give Its opinion on the two Issues Involved In the proposed plat amendment -- accepting 50-foot cui de sacs with 10-foot easements and the street configuratIon. Me. Wlndschltl - explained there will stili be 60 feet of right of way on the cuI de sac. He noted the same thing was accepted In another plat. Mr. Haas proposed elimInatIng the two proposed cuI de sacs and connecting them with a road. Regular City Council Meeting December 19. 1989 - Minutes Page 8 (Kensington Estates 4th Addition, Continued) Mr. Wlndschltl - stated It Is not possible to get a road through that area, plus some existing lots would be lost. which Is not practical. He stated he has to have an Idea from the Council on whether or not this proposal Is acceptable. He Is making these changes vo]untarlly because of the request of the PCA. If the Council Is not receptive. he wi]] have to abandon It. Mr. Wlndschltl explained the City Is not being asked to assume the green area and that there wi I I be sufficient easement to construct the cuI de sacs and put In the utilities. Mr. Rodeberg noted there may be a problem getting utilities through that area. wondering If the proposed easement Is adequate. Because of the depth of the sewer and the looping of the water lines, he felt there may be a problem. Mr. Schrantz also noted Staff thinks this is an amendment to a PUD and there needs to be a public hearing. Discussion noted a pub]lc hearing could be set for January 9; the Consent Decree Is to be finalized on January 18. Mr. Wlndschltl didn't fee] the ordinance required a public hearing. Action was tabled until later In the meeting to allow time for the Attorney to review the ordinance and determine whether or not a public hearing Is required. LICENSE RENEWALS MOTION by Knight, Seconded by Orttel. to approve Off-Sale Intoxicating Liquor licenses for JJ's Liquors and G-WIII Liquors: Off-Sale Non-Intoxicating Liquor licenses for Superamerlca, Bill's Superette. Brooks Food Market, Speedy Market, Tom Thumb; Cigarette Licenses for Bill's Superette. Superamerlca. Brooks Food Market, Speedy Market, Tom Thumb, Festival Foods, Merwin Drug, Tasty Pizza. JJ's Liquors, G-WIII Liquors; and On-Sale Non-Intoxicating Liquor license for Tasty Pizza. Motion carried on a 4-yes. I-No (Jacobson) vote. MOTION by Knight, Seconded by Jacobson, to approve Junkyard Licenses for Anoka Auto Wrecking. Wilber Auto Parts, Commercial Auto Parts. Mom's Auto Parts, and Best Auto Parts. Motion carried unanimouslY. Council directed Mr. Blake to send a notice to any yards who have not been Issued licenses for 1990 that as of January 1 they are to cease business or approplate action will be taken for ordinance violation. AUTHORIZE ELECTION EQUIPMENT PURCHASE Mr. Koollck recommended tabling this Item since the Anoka County Board took no action on the Item at its meeting this morning. It was agreed to table the Item to the January 2, 1990, meeting. MOTION by Knight, Seconded by Jacobson, to table It. Motion carried unanimously. Regu]ar City Councl] Meeting December 19, 1989 - Minutes Page 9 AWARD COMPUTER BID Mr. Koollck reviewed his memorandum regarding the compute~ bids. He recommended the low bid from Fundhalance be reJected because the bid documents did not conform and the bid bond was not sufficient and that the contract be awarded to Business Records Corporation. He also noted an e~ror In the memo, as the bid from Business Records Corporation Is for $38.900. Me. Koo]lck also explained the funding source Is from the remaining proceeds and Interest earned from 1987 Equipment Certificates of Indebtedness, $23,673.20, plus $22.397.55 from the balance of the Equipment Fund. In addition, $3.900 for support has been Included In the 1990 Gene~al Fund budget. He estimated another $500 to $1,000 will be needed for cabling. Councllmember Jacobson felt It was unclear whether the bid Included a tape drive. He also questioned the hardward only capable of expanding to two megs, concerned that that is not very much memory. Alaine Avsta. representative from Business Records Corporation - stated the bid does Include a tape drive, al I hardware and software. She also explained the technology of the system, arguing two meg would be sufficient for the City's needs. This same system is used by 15 cities In Minnesota who operate on one meg of memory. Ms. Aysta also explained the system Is an AS/Entry, an entry level IBM machine. and Is upgradable to an AS400 system with only a change in the processor. The perlphera]s would remain the same. She estimated the cost of upgrading would be $1,900 for each program. Councl]member Jacobson was stilI concerned about the amount of memory. noting when four or five programs are run at the same time, It would be a problem. Me. Koolick noted this Is system Is proposed only for the flnancla] department. MOTION by Jacobson, Seconded by Knight, that the Ci ty Councl I accept the bid from Business Records Corpo~atlon, total bid cost of $38,900 as per their specification book that was submitted as part of the bid including Model s20 CPU. tape drive, one monochrome and one color display station, a Qulckwrlter printer, and al I of the software as outlined In their proposal. In addition, that we also authorize an additional $500 to the Finance Department to purchase any necessary furniture that may be required to hold this equipment and cabling. That we reJect the lowest bid for computer equipment from Fundhalance for the following reasons: 1) At the time of bid opening, the bid bond was not sufficient; and 2) The bid documents did not conform to the required format nor did the bid contain all required Information to be considered. Motion carried unanimously. Regular City Council Meeting December 19, 1989 - MInutes Page 10 KENSINGTON ESTATES 4TH ADDITION. CONTINUED Attorney Hawkins advised there are two Issues. The Planned Unit Development Is approved by Special Use Permit, plus there Is the approval of the preliminary plat. So both OrdInances 8 and 10 are Involved. OrdInance 8 states the development shall conform wI th the plan as filed with the CIty of Andover. The preliminary plat has been approved. and the State Statute requires all preliminary plats be subject to a public hearing and notification of adJoining property owners. It was hIs opinion that I f the Counc II feels the proposal Is a substantIal change from the o~lglnal development as laId out. a public hearing should be held. The question the CouncIl must ask Is If the change Is so sIgnificant that I t wI I I affect the surrounding property owners. If the Council doesn't feel the change Is of such significance that I t wi I I affect anyone else. then no public hearIng Is necessary. Counc I I did not want to circumvent the PlannIng and Zoning Commission, but Mayor Elling again asked whether the Council had a problem wIth the concept of the street layouts and 50-foot cuI de sacs with 10-foot easements. Because of the deadlIne set by the State, I t was suggested the Engineers and ARC Committee review the proposed changes and make recommendations for the January 2, 1990. regular CouncIl meeting. Mr. Wlndschltl - again explaIned the Staff has proposed the two cuI de sacs be connected by a street. But that would mean the loss of existing lots. As proposed. he Is already losing three or four lots. Councllmember Knight had no trouble with the concepts proposed. Councllmember Jacobson dIdn't feel he had enough InformatIon. wantIng to get the Staff and Engineers' recommendatIons fIrst as to whether there Is a better proposal or whether utIlities can be put In as proposed. Councllmember Orttel had no problem wIth the concept as long as utIlities can be Installed through to the other side of the plat. He felt this should be looked at as an unusual sItuation Involving another governmental agency. Counc I I directed Staff to brIng theIr recommendatIons back to the January 2 meeting. AWARD BID/RECYCLE BINS CIndy DeRuyter, RecyclIng Coordinator, reviewed the bIds received for recyclIng containers and her reasons for recommending the bid from Shamrock even though It was not the lowest bid. MOTION by Knight to accept the bid of Shamrock for 3,000 contaIners for a dollar amount of $22,950 as recommended and for the reasons recommended. Motion dIes for lack of a Second. Regular CIty CouncIl MeetIng December 19, 1989 - Minutes Page 11 (Award Bld-'Recycle Bins. Continued) Severa] Councllmembers were concerned about the big dIfference In cost between the two bids, questionIng whether the differences In the drop tests between the two contaIners are of such signIficance that It warrants taking the higher bid. Ms. DeRuyter explaIned how the drop tests were done and the results of each and noted another reason for recommending Shamrock was because they can store the bins untIl the . City can use them. ~MOTION by Jacobson, Seconded by Orttel. that the CIty of Andover accept the bId from RehrIg Company In II]lnols for 3.000 recyclIng contaIners at $5.84 each for a total of $17.520, based upon the specificatIons that they have submitted; and the Council fInds the dIfference from thIs bid and the next higher bIdder Is the hIgher bidder speclflclatlons are not substantIal enough to Indicate that the higher price be paid for the containers. Motion carried unanlmous]y. Staff was asked to look Into storage for the bIns If needed. posslblly temporarIly rentIng a storage area or putting them In the new Recycling BuIldIng. AWARD BID/IP89-24/COMNMERCIAL PARK POND MOTION by Orttel, Seconded by KnIght, a Resolution accepting bIds and awarding contract for the Improvement of ProJect No. 89-24 for CommercIal Park pond construction In the area of Commercial Park as presented, low bid to Moser ConstructIon Company In the amount of $15,627. (See Resolution R201-89) Motion carried unanImously. ROSE PARK DISCUSSION Mr. Haas explained the residents have asked that a security lIght be Installed at Rose Park to allow the children to use the skating rink after school and evenIngs. Park Board Chairperson McMul]en stated the Park Board Is recommendIng a time setter also be Insta]]ed so the light would not have to be on al] the time. It Is recommended the funds come from the 1990 budget. MOTION by Orttel, Seconded by Jacobson, that the Counc II authorIze the InstallatIon of a light In Rose Park per the Park Staff's recommendation. DISCUSSION: Mr. Haas stated AEC would put In the light and the CIty would put In the timer. LaurIe Joslvn. 140th Avenue - stated the residents would not obJect to the light being on all the time, as It would then be a securIty light. Counc II then agreed to have the lIght Installed In 1990 usIng 1990 funds and that the timer not be put In. Motion carrIed unanimously. ," Regular City Council Meeting December 19. 1989 - Minutes Page 12 ADDRESS SIMILARITIES After some discussion on the problem of address similarities on 141st Avenue and 141st Lane. Mayor Elling suggested Staff draft a letter to the Anoka County Postmaster. signed by the Mayor, asking them to more carefully scrutinize the mall so It Is delivered to the correct address. MOTION by Orttel. Seconded by Jacobson. to so move. Motion carried unanimously. EQUESTRIAN COUNCIL APPOINTMENTS MOTION by Jacobson. Seconded by Knight, that we appoint the Equestrian Council as recommended. Motion carried unanimously. (Members appointed were Carol Almeida, Sharon O~stad. John WI]llam BI]ls. Debl Menth and Ernest Trette]) OPEN BURNING. CONTINUED Attorney Hawkins referenced his December 1. 1989. letter on the open burning regulations, noting there are no variance procedures from Its provisions. With that. the Council agreed to drop the matter. No action was taken. UTILITY BILLS/DUE DATE DISCUSSION Mr. Koollck reviewed his recommendation to change the due date for payment of utility bills to three full weeks from the date of billing because It gives the residents more time to pay the bills, It allows City Staff additional time to record payments. and It allows Staff more time to handle those bl]ls returned by the post office. MOTION by Orttel. Seconded by Knight, move the Finance Director's recommendation, directing Staff to prepare a Resolution setting the dates for the billing of the utilities. Motion carried unanimously. Mr. Koollck noted the prepared Resolution will be brought back to the Council on January 2. 1990. COMPENSATION/COMPREHENSIVE PLAN TASK FORCE After dIscussIon. the Council agreed those members of the Planning Commission and Park and Recreation Commission should be compensated for meetings of the Comprehensive Plan Task Force, as they are considered special meetings. As has been the policy In the past, resident volunteers on the Task Force will not be compensated. Staff and Council do not receive additional compensation for those meetings. Regular City Council Meeting December 19, 1989 - Minutes Page 13 NON-DISCUSSION ITEMS MOTION by Orttel, Seconded by Jacobson. approval of the Non-Discussion Items No. 18. 19. 20. 21. 23. 24. and 25. as presented. (See the fo]lowIng: R202-89 - Adopt Assessment Roll for ProJect 88-17, Red Oaks Manor 5th AddI tlon R203-89 - Declare cost and direct preparation of assessment roll for Project 88-20, Bent Creek Estates R204-89 - Declare cost and direct preparatIon of assessment roll for ProJect 89-4, Red Oaks Manor 6th Addition Accept easement for Uplander Street from Wayne L. Brlchacek and Susan M. Freeman R205-89 - Approve fInal grading for street constructIon of Lund's Evergreen Estates 4th AddItion ProclaImed week of January 8 - 12. 1990, as "Andover Fight Back Against Drugs Week" R206-89 - Accepting NIghtingale Street NW between County Road 18 and County State Aid HIghway 20 R207-89 - Accepting Crosstown Drive between County Road 116 and 139th Avenue NW R208-89 - Revoking Crosstown Boulevard between County Road 116 and 139th Avenue NW R209-89 - Accepting work and directing final payment to Orr ConstructIon Company for ProJect No. 87-10 for the Improvement of Pumphouse No.3) Motion carrIed unanimously. APPROVE ENGINEERING RATES/BONESTROO ENGINEERING (Note December 1, 1989, letter from Otto G. Bonestroo, BRA, JustifyIng a five-percent Increase for the year 1990.) Counc I] expressed some concern that the proJects done by BRA are not always timely, askIng Staff to relay that concern to the fIrm. MOTION by Orttel. Seconded by KnIght. Item 22 as presented. MotIon carrIed unanimously. CouncIl went Into closed session wIth the Attorney Hawkins regarding the Linda Archlega Nordstrom complaint. 11:10 p.m., meeting reconvened at 11 :33 p.m. 173RD AVENUE PAVING PROJECT Counc I ] noted the attorney's letter dated December 13 regardIng the requirements of petitions for Improvement projects. It was hIs opinion that the petition received for the Improvement of 173rd dId not meet the State Statute requIrements. Regu]ar City Council Meeting December 19. 1989 - Minutes Page 14 (173rd Avenue Paving ProJect, Continued) MOTION by Orttel, Seconded by Jacobson. that the Council terminate further consideration of 173rd Avenue and Navajo Street based on the fact that the City had proceeded under the misconception having to do wi th the legality of the petition submitted. and direct Staff to prepare a brief letter of explanation to be signed by the Mayor to be mailed to the Interested parties on the street, and to attempt to have the bidding process halted for the process. (See Resolution R210-89) Motion carried on a 4-Yes. 1-Abstaln (Knight) vote. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Orttel. approve Checks 17755 to 17857 for a total amount of $294,877.82. Motion carried unanimously. MOTION by Orttel to adJourn. Motion carried unanimously. Meeting adJourned at 11:42 p.m. ,~~ Marcella A. Peach Recording Secretary