HomeMy WebLinkAboutCC February 7, 1989
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n CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - FEBRUARY 7, 1989 - AGENDA
7:30 P.M. Call to Order
Resident Forum
Agenda Approval
Approval of Minutes
1. Public Hearing/89-1jWard Lake Drive
2. Public Hearingj89-2/Tulip street
3. Public Hearing/Community Development Block Grant
DISCUSSION ITEMS
4. Dog Complaint
5. Amend Uniform street Light Policy
6. Order street Lights
7. Pine Bark Beetles/Ord. 29 Amendment
8. stop Sign Request/Narcissus & Bunker Lake Blvd
9. CCWD WMO Committee Report
10. Junkyard License/Commercial Auto Parts
11. WDE Site Report
STAFF, COMMITTEE, COMMISSION
12. Approve Fire Department Election Results
13. Award Bid/Fire Vehicle
14. Award Bid/Public Works 1-Ton Truck
15. Approve Animal Control Contract
16. Approve Assessor's Contract
17. Approve Law Enforecement Contract
18. Insurance/Fire Department
19. Economic Development Committee Report
20. Report on Traffic Study/County Roads
21. High Band Radio
22. Fire Marshal position
23. Cable Commissioner
24. Rename Park
25. Schedule Work Session
NON-DISCUSSION ITEMS
26. Red Oaks 6th Addn/Feasibility Report/89-4
27. Accept Easementsj87-ll¡ 88-5
28. Approve Final Payments
29. Declare Costs/88-11< 87-'7, :~ n -1 '1 , 88-11 , 88-7,
88-6, 88-5, 88-32, :1)-2J
30. Order Public Hearing/"No Wake Ordinance"
APPROVAL OF CLAIMS
ADJOURNMENT
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.. (i\ CITY of ANDOVER
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REGULAR CITY COUNCIL MEETING - FEBRUARY 7, 1989
MINUTES
The Regular BI-Monthly Meeting of the Andover City Council was called
by Mayor Jim E]llng on February 7, 1989. 7:30 p.m., at at the Andover
City Hal I. 1685 Crosstown Boulevard NW. Andover, Minnesota.
Councllmembers present: Jacobson, Knight, Orttel, Perry
Councllmembers absent: None
AJso present: City Attorney, William G. Hawkins; Assistant
City Engineer, Todd Haas: City Planner, Jay
Blake; City Administrator, James Schrantz;
and others
RESIDENT FORUM
Russ McGlvnn - asked if the Council Is considering a City police
department. Mayor EI ling stated he plans to have a citizens committee
to look Into the needs.
Mr. McGlvnn - asked If the City Is considering building two new fire
stations. Mayor Elling stated there will be another committee of
residents and members of the Fire Department to look at fire
protection. The five-year Capital Improvements Plan Is not yet In
place.
Mr. McGlvnn - asked about the construction of a new water tower.
Mayor EI ling stated that Item will be addressed at the next regular
meeting, noting the Issues of water treatment, watermaln extension,
and the construction of a water tower.
Rosella Sonstebv - stated she had some comments on the hazardous
waste sites In Andover, asking If she should give them now or when the
Item Is dIscussed on the Agenda. Council asked that they be presented
when that item Is discussed.
AGENDA APPROVAL
It was agreed to delete Item 24, Rename Park at the request of the
Park Board, and to add an Update to Tonson and Vapors by the Attorney
under Item 11.
MOTION by Knight, Seconded by Jacobson, to approve the Agenda.
Motion carried unanimously.
PUBLIC HEARING/89-1/WARD LAKE DRIVE
Glenn Cook, BRA, reviewed the proposed road Improvement proJect of
Ward Lake Drive from Crosstown Boulevard north to 173rd Avenue.
- - -- - -
Regular City Council Meet I ng
February 7, 1989 - Minutes
Page 2
(Public Hearlng/89-1/Ward Lake Drive. Continued)
He explained the Improvement would end Just beyond the last driveway,
but they would acquire right of way for the curve up to the railroad
tracks as a part of this proJect. Right of way will also be needed on
the corner of Crosstown Boulevard, plus additional right of way for
pondlng to discharge water off the roadway. The road Is now 24 feet
wide, so there will be a lot of tree removal to widen I t to 32 feet.
Mr. Cook also explained the roadway does not follow the section line,
but lies to the west of It In the northern portion of the road. The
proposal Is to fol low the existing alignment of the road. He
estimated the cost of the proJect to be $438,500. explaining the
assessment policy of not assessing the property owners I f a] I right of
way In the proJect is donated. There's potentially a $7,000 cost for
right of way If some of the storm sewer right of way Is not covered
with MSA funds. That wi I I not be known until the final plans are
done. The proJect schedule would be to begin construction the middle
of May, to be completed sometime in August.
Me. Schrantz also explained the assessment policy on MSA roads In
further detail. Councllmember Jacobson also pointed out the
possibility of an assessment I fall the storm sewer easement Is not
donated.
DIck Nelson. 17163 Ward Lake Drive - Is the most northerly resident
In the proJect on the east side. He understood that the paving In the
proJect would to go 173rd. but Mr. Cook stated this evening that the
paving would stop at the last driveway. He Is disappointed In that,
as he had plans to spilt his property Just north of him for another
home site. The Engineers explained they will have to start
developing a curve at about 172nd that meets State Aid standards,
which Is 300 or 400 feet beyond his driveway. They said they would
take a closer look at how far the paving can go when the final plans
are done.
Russ McGlvnn. 14861 PraIrie Road - asked If there will be any
cutting along the route. Mr. Cook stated they will take the top off
the knolls. going down about 1 1/2 feet. There Is one low sp]lt where
the organic materials must be excavated, but he didn't know how deep
it Is. If there Is excavation. the black dirt wi]] probably be used
as topsoi I.
Mr. McGlvnn - stated when Prairie Road was done there was a $70.000
cost overrun. concerned that everything is being figured in this time.
He also stated that some people were paid for tree removal and others
weren't on the Prairie Road project. Me. Cook stated the contractor
removing the trees wi I I be paid. Mr. Schrantz also noted this proJect
Is under a different assessment policy than wh~L was used on Prairie
Road.
<- - <. .
Regular City Council Meet! ng
February 7, 1989 - Minutes
Page 3
(Public Hearlng/89-1/Ward Lake Drive, Continued)
Me. McGlvnn - asked about the process for coming up with a firm cost
on the proJect. Me. Cook explained the biddIng process.
Me. McGlvnn - asked If drllllngs have been done In the low spot to
know how much must be removed. Mr. Cook stated only one boring was
done. but more will be done for the final plans.
Me. Cook then explained that the proJect was stopped just past the
last home because of the limIted MSA funds and because not many people
live beyond there. Plus there Is a very low area north of there that
wi) I be costly. Me. Schrantz stated the Intent has always been to use
the MSA funds to do the high-traffic areas first.
Carl Ganter for Alice Ganter - asked about the width of the right of
way. Me. Cook stated It Is 33 feet on each side. In the case of the
northern parcel where he Is. the entire 66 feet will be on hIs side.
Me. Ganter - asked If there Is a standard for the number and
locatIons of driveway openIngs. Mr. Cook stated they can work with the
property owner In planning the use of the property and potential
subdivision. However, many tImes the actual I and use Is not what was
pIanned for when the road proJect was done.
Me. Ganter - asked what happens to the area between 172nd and the
paved portIon of Ward Lake DrIve north of there If the funds are never
available to complete It, Mr. Schrantz stated that portion would not
be buIlt until the funds are avallable.
Councllmember Jacobson stated when the curve Is realigned, a sma I I
piece of the Ganter property will be on the other side of the road.
askIng what happens to I t then. Attorney Hawkins stated It will
st I I I be part of the tax parcel.
Dave Lexcen - asked what the load rating of the road wi I I be. Mr.
Cook stated It will be built to a 9-ton standard, which Is required on
MSA streets.
Mr. Lexcen - asked who does the future maintenance of sealcoatlng.
etc. Mr. Schrantz stated the exIstIng polIcy Is sealcoatlng comes
out of the CIty funds. He also stated the road wIll be posted as 7
tons In the spring.
Mr. Lexcen - asked about the type of curb. Me. Cook stated It Is a
B618, vertlca] faced.
Regular City Council Meeti ng
February 7. 1989 - Minutes
Page 4
(Public Hearlng,'89-1/Ward Lake Drive, Continued)
Councllmember Orttel pointed out that for the property owners around
the northerly curve and the one who owns the property needed at the
Intersection of Crosstown Boulevard, there will be no Incentive to
dedIcate the right of way because they will not benefit from the
property. On the north, the road wi] ] not go past them at this tIme;
at Crosstown. the owner does not even abutt the proJect. He thought
I t Is unfair to those residents along the proJect to have an
assessment If two property owners who do not benefit from the proJect
are not willing to dedicate the needed right of way.
Councllmember Orttel suggested deleting the rIght of way acquIsItIon
from the proJect beyond where the pavement Is ends on the north end.
He also thought the Counc II shou I d look at the Issue on the southern
end. feeling It wllJ mean a certain assessment on the proJect I f It Is
left In. He asked If the City is required to Include the curve on the
north end In order to get MSA approval.
Mr. Cook did not know. Mr. Schrantz felt acquiring the right of way
for the curve could be done as a separate proJect. He didn't know how
the property owner who owns the area needed at Crosstown Bou]evard
feels about dedicating that land. Mr. Cook feJt It Is reasonable to
separate the acquisition on the north end and make It a separate
proJect. But on the southern end, the City may have to make an
exception to the policy. recognizing It Is an unusual circumstance and
the owner may not be receptive to the policy because he does not get a
road past a buildable parcel.
Counc II agreed to separate the northern acquisition proposal from the
proJect and directed staff to Investigate the possibility of varying
from the po]lcy on the southern end so the residents aren't assessed
on a technicality.
MOTION by Knight. Seconded by Jacobson. a Resolution ordering the
improvement of street and storm sewer construction. ProJect No. 89-1
In the Ward Lake Drive. Crosstown to 172nd Avenue area, and dl recti ng
preparation of final plans and specifications as presented. (See
Resolution R016-89) Motion carried unanimously.
Hearing closed at 8:06 p.m.
PUBLIC HEARING/89-2/TULIP STREET
Me. Cook reviewed the proposed proJect of Tulip Street from
approximately 400 feet south of 169th Lane to CoRd. 58. The proposal
Is to get some easement In the lowland areas for the storm water to
flow to. The hi I J at 169th will be cut down somewhat, though they are
Regular City CouncIl Meeting
February 7. 1989 - Minutes
Page 5
(Public Hearlng,'89-2/Tullp Street, Continued)
limited as to what can be done because of the existIng driveways. The
cost Is estImated at $llS,SOO. revIewing the policy of having no
assessment If al I right of way for the proJect Is donated. If some
of the storm sewer costs cannot be paid for by MSA funds, there may
then be a possibility of an assessment.
Chuck Huber. 16910 Tulip - was concerned that I f the road Is moved
to the west and cut down, I t wou I d grea t ] y Impact hIs drIveway, as It
Is alreadY very steep. The main level of hIs house Is about 6 feet
below the road grade rIght now. Mr. Cook stated they cannot change the
elevation of the road much. but they will look at the problem closely.
Mr. Huber - explained he had a pond excavated In the low ground at
about the property II ne of Mr. Thompson. He also knew that Mr.
Thompson Is Interested In having his low area excavated out. There's
a Jot of trees and damage that would be done on the south property
] Ine. So he'd be more than willing to sign off on the easement
dependI ng on the size of the culvert to brIng It straight across from
where I t goes Into McGary's lot. That Is the north end of his
driveway, and It would go straight down to his pond.
The Engineers and Council discussed possible solutions to the storm
sewer wIth Mr. Huber. The Engineers stated they would work wIth Mr.
Huber and let him know what Is planned before getting Into the
contract stage. Mr. Cook also noted the Intent would not be to do any
excavating. just to obtain easement to allow for the storm water
drainage.
Councllmember Knight asked those present 1 f there was any dIsagreement
with the proposed proJect. No one from the audience responded.
? 170th Lane - stated they get all the through traffic from the
. resIdential areas to the west and north who go to Round Lake
Boulevard; and In the summer the cars travel at 50 mph. which raises
dust. He felt It would be the most cost effectIve to pave the
GOO-foot portion of 170th Lane. Mr. Schrantz stated If the residents
along 170th Lane want the proJect, they should petition for 1 t , and
maybe It could be Included wi th this proJect. But because 1 t Is not
an MSA street. the residents would have to pay for the paving.
? - he understood 170th was supposed to be paved when the
development of PraIrie Meadows was done. and the neighbors are upset
about that. Mr. Schrantz stated the developer didn't think that that
was part of the deal when purchasIng the land. Counc 11 noted that
when that street Is paved. only four lots are eligIble for an
assessment because Horner and Bradley face Tu]lp. and that could make
It rather costly.
Regular City Council Meeting
February 7. 1989 - Minutes
Page 6
(Public Hearlng/89-2/Tullp Street. Continued)
? - asked why the surrounding people who use the road can't also
be assessed. Mr. Schrantz explained the policy of having each
development paying for Its own proJects. Councl] noted If the
residents brought I n a pet I t! on, they may be able to do the proJect at
a lower cost I f done In conJunction with the Tulip Street proJect.
Councllmember Orttel suggested elIminating the acquisition of easement
for storm drainage that does not directly abutt the proJect to prevent
an assessment If that easement Is not dedicated. Mr. Cook stated
the Intent Is to obtain an overflow, which Is basically where the
water goes now. He suggested talking with Mr. Huber first to see what
can be done. thinking the area needed may not be as large as shown.
? - asked If the county will do anything with the corner on
Valley Drive when this proJect Is being done. Mayor E]llng explained
the City has requested the County to upgrade Valley Drive from Round
Lake Boulevard to Seventh. They are looking at It; however. there are
no plans to do anything at this time. Mr. Schrantz stated the
Engineers will discuss the plans with the county before they are
finalized.
MOTION by Knight. Seconded by Orttel. a Resolution ordering the
Improvement of street and storm drain construction, ProJect No. 89-2
In the Tulip Street County Road 58 to 400 feet south of 169th Lane
area, and directing preparation of final plans and specifications, as
presented. (See Resolution R017-89) Motion carried unanimously.
APPROVAL OF MINUTES
MOTION by Jacobson, Seconded by Knight, approval of Minutes of the
HRA meeting on January 17, Regular Council Meeting on January 17. and
the Special City Council Meeting Minutes on January 19. Mot! on
carried unanimously.
PUBLIC HEARING/COMMUNITY DEVELOPMENT BLOCK GRANT
Mr. Blake reviewed his February 7. 1989. memo on the proposal 1989
Community Development Block Grant funding. The proposal has been
updated since the last tIme It was before the Council. as he has
obtained more accurate figures for the City's allocations. The three
uses that have been proposed are blight removal, Comprehensive Plan
update, and public service programs. About SO percent of the funds
have been allocatd for pubJlc service programs. which Is what the
Counc I ] had agreed to. However', the County may change that figure
once all the budgets are In, because they are only allowed to spend 15
percent of the CDBG funds on public service programs county-wide.
Regular City Council Meet i ng
February 7, 1989 - Minutes
Page 7
(Public Hearlng,'CDBG, Continued)
Councllmember Knight felt 30 percent for public service programs may
be high. suggesting 50 cents per capita or 20 % be used Instead. Me.
Blake stated 50 cents per capita would amount to about $7.000 a year.
Discussion was on some of the public service programs that have
requested funding. Me. Schrantz noted the funding of blight removal
Is not only from the CDBG funds but from funds generated from the sale
of upgraded lots. Mr. Blake feJt the amount proposed for updating the
Comprehensive Plan Is very realistic.
MOTION by Perry, Seconded by Knight, that the CI ty Council direct
the City Planner to submit a proposal to Anoka County by February 28.
1989, for Community Development Block Grant budget with the revisions
being In the Public Service percentage; and that percentage would be
20 percent rather than the 30 percent noted: and the 10 percent put
Into blight removal. (See Resolution R019-89) Motion carried
unanimously.
DOG COMPLAINT/KLICK
Daniel Bovln. Attornev on behalf of the Kllcks - explained the dog
Is an English setter named Sunday. It Is kept In the kennel on the
property; however, one day their 7-year old boy took the dog out for a
waJk. When going across Mrs. Lentz's property. their dog came down
and snapped at the KJlck's dog. The Klick's dog responded with a bite.
There was some disagreement and the Kllcks and Lentz's went to
mediation, and the matter was resolved. Me. Bovln stated they do not
believe the dog should be declared a biting dog because they believe
the dog was provoked, and the matter has been resolved. It Is not a
dog that has ever bit anyone In the past.
Judv Lentz. 14222 Ivy - stated her dog was bit more than once.
There were vet bills that were paid by the Kllcks. But she didn't
believe they saw her dog snap at their dog because they weren't there,
but she did see the incident. The conclusion reached In mediation was
that the Kllcks would cal I her whenever the dog was loose. Their dog
has been loose twice since medIation, and the Kllcks have calJed her
each time.
Dan Klick - explained hIs dog Is an English setter that likes to
hunt, and In this case his 7-year-o]d took the dog out to play with
It. When the Lentz's dog came out, the dogs nipped at each other. He
stated the Issue has been resolved In mediation. so he felt It would
serve no purpose to declare It a bItIng dog at thIs time.
Dick Albertson. Deputy - stated he does not know of any complaints
since January 1. Attorney Hawkins stated the ordInance may need to
be revised In response to the new State regulatIons regardIng the
declaration of dangerous dogs.
Regular City Council Meeting
February 7, 1989 - Minutes
Page 8
(Dog Complaint. Klick, Continued)
Councllmember Jacobson noted the police report does not speclflca]ly
Identify the dog. as It states a dog which "looks very slmlllar" to
the Klick dog.
Me. Klick - stated his dog had a II ter of pups, some of which were
given to a famIly In the neighborhood. There are a lot of dogs
around.
Ms. Lentz - stated her dog was attacked by the Klick dog. but there
Is one that does look the same. She also obJected to Mr. Klick's
statements, thinking they were being bent to his favor.
There was repeated dIscussion as to what happened and the results of
the mediation. Ms. Lentz stated an agreement had been worked out and
the Kllcks have been abiding by the terms. She stated she Just wants
him to keep cal]lng her when their dog Is loose and that her dog never
be attacked again.
Council then generally agreed the City should not Interfere; however,
should there be another IncIdent, Ms. Lentz could again file a
complaInt.
MOTION by Jacobson, Seconded by Orttel, that the CouncIl not declare
the Klick dog a biting dog at thIs time consIderIng the fact that the
two partIes have entered Into mediation and It appears that the
agreement reached Is being upheld by both parties; understanding that
at any time In the future If one of the partIes wishes to declare a
bl tIng dog. It has the abIlity to come back to the CouncIJ at a future
date. Motion carried unanlmous]y.
AMEND UNIFORM STREET LIGHT POLICY
Mayor EI11ng noted AEC Is In the process of adopting a different
street lighting policy, suggesting the Item be tabled to the next
regular meeting, February 21. Counc II agreed.
ORDER STREET LIGHTS
Councllmember Jacobson wanted to know the priority lIghts and whether
there Is enough budgeted to pay for all the proposed Jlghts. Mr. Haas
wasn't sure of the budget amount. and stated the list Is In order by
street location, not by priority. The Counc ¡ I then requested a
prioritized list and the number of Insta11s budgeted for.
MOTION by Knight. Seconded by Orttel, to tabJe thIs I tern. Motion
carrIed unanimously.
Regular City Council Meeting
February 7, 1989 - Minutes
Page 9
PINE BARK BETTLES/ORDINANCE 29 AMENDMENT
Becky Pease. Planning and Zoning Commission Chairperson. revIewed the
CommIssion's research done on the pine bark beetle and their
recommended revisions to Include It In the ordinance.
MOTION by Jacobson. Seconded by Perry. that the Andover City CouncIl
adopt an ordinance relatIng to the controJ and prevention of Dutch
Elm, oak wI It, and the spread of pine bark beetles wIthin the City of
Andover. known as Ordinance 29 as presented. DISCUSSION;
-1-- - asked what kInd of control Is being enacted. Mr. Blake
explained the ordInance allows the tree inspector to declare the tree
a nuisance and order the landowner to remove It.
-1- - stated at a meeting at the ActIvIty Center about a month ago
on this subJect. he asked If removing the trees will slow down the
Infection. Those there stated It doesn't make a difference; once the
tree Is dead, the beetle Is gone. He stated he has over 100 trees
that have died. Me. B]ake stated It Is not so much an Issue of
removal of the trees that are already dead, but to utilize those trees
as trap trees as much as possible. It Is a program to allow the tree
Inspector to work with the landowner to set up a trap to selectIvely
cut trees to stop the spread of the pIne tree beetle. Now the
ordinance only deals with oak and elm trees, and this wI I I Inc]ude the
pine trees.
-1- - stated the removal of the trees Is not In agreement with what
the DNR Is telling the people. The fact Is It I s the drough t that Is
causing the problem, not the beetle. He felt there Is no way to prove
whether It's caused from the drought or from the pine tree beetle. He
also disagreed with having to cut the trees by March 1. Mr. Blake
explained the Intent Is to have the trees cut and everything In place
before March 1 to be ready for the next season. He stated the CIty
would be wi I ling to work with thIs gentleman on the problem he has on
his property.
Councllmember Perry pointed out the ordinance calls for an ana]ysls
and dIagnosIs to be made on the cause by sending specImens to the
CommIssioner of Agriculture. and no action shall be taken to remove
the wood unt I I a positive dIagnosIs has been made. So there are
safeguards built Into the ordinance.
-1- - asked when the wood dumping sIte Is open. Mayor Elling stated
in an effort to get the trees cleaned up by March 1 , he asked the
county to leave the site open during the winter months. They said
they wou]d open it up any time anyone calls for an appointment.
Motion carried unanimously.
Counc I I recessed at 9:27; reconvened at 9:32 p.m.
Regular City Council MeetIng
February 7, 1989 - Minutes
Page 10
STOP SIGN REQUEST/NARCISSUS AND BUNKER LAKE BOULEVARD
MOTION by Jacobson. Seconded by Knight, that the Andover CIty
Counc II approve the stop sign on Narcissus Street NW and Bunker Lake
Boulevard Service Street as requested by engineering. Motion carrIed
unanImously.
COON CREEK WATERSHED WMO COMMITTEE REPORT
Counc I 1 acknowJedged receipt of the report.
JUNKYARD LICENSE/COMMERCIAL AUTO PARTS
Mr. BJake stated the yard Is In compliance except for some fencIng.
He recommended approval of the license with the condition that the
fence be repaired by June 1. The owner Is agreeable to that. and that
Is the same tImetable given other yards.
MOTION by Jacobson, Seconded by Knight, that the Andover City
Council Issue a Junkyard License for CommercIal Auto Parts for the
year 1989 subJect to the condItion that the fence as noted by
Inspection by the City be repaired and completely fixed by no later
than June 1. 1989.
(Mayor EllIng was called away from the meeting; Councllmember Knight
conducted this portIon of the meetIng. 9:41 p.m.)
VOTE ON MOTION: YES-Jacobson, Knight, Perry; NO-Orttel; NOT VOTING -
EllIng. Motion carried.
Deputy Dick Albertson - stated as he drIves around the City, he has
observed many violations around the Junkyard and elsewhere. He stated
he will Issue wrItten warnIngs on the violations giving them a period
of tIme to come Into comp] lance.
(Mayor EI ling returned to chaIr the remaInder of the meetIng. 9:42
p.m. )
Mr. Blake stated they have put two Individuals on notice and have
given them 20 days to request a publIc hearing examiner to hear the
ordinance violations. If they do not request the hearing, the City
has the authority to clean up the site and assess It back to the
property. He asked what does the City do with the vehicles once I t
gets them. Attorney Hawkins stated the CIty would contract with
someone to remove the vehIcles that have been declared a nuisance.
Regular City Council MeetIng
February 7, 1989 - Minutes
Page 11
(Junkyard License/Commercial Auto Parts. Continued)
Counc I I discussion was on varIous ways to Insure compliance with the
ordinance by the Junkyard businesses. It was also agreed that Mr.
BJake should look Into the possibilIty of uslnn Tax Increment
FInancing funds to acquIre the property of RIght-Away Auto.
Me. Blake also noted the Junkyard owners are on notice that
Inspections wi I ] be made perlodlca]ly throughout the year. and forms
have been designed for those Inspections.
WDE SITE REPORT/TONSON & VAPORS UPDATE
RoseJla Sonstebv - was concerned about the ownership and transfer of
real property as It relates to hazardous waste. She related
Instances where developers have paId large settlements for land sold
in close proxImity to hazardous waste dumps and noted that realtors
can and wI II be caught In such lawsuits because of realtor's Ilablll ty
disclosure requirements. She noted the Minnesota law, 2805.1400, Sub
Part 3, that II censee sha] I disclose to any prospective purchaser all
material facts pertaining to the property of which the licensee Is
aware which could adverse]y and signlflcally affect the purchaser's
use or Intended use or enJoyment of the property.
Ms. Sonsteby stated when people inquired about her lots in Rosel]a's
Addition and Shirley's Estates. the City made sure it was pointed out
In a negative way to the people that there was going to be a mobile
home park In the back of that property, which doesn't even compare to
a hazardous waste site. She feels the public has the right to know
where the hazardous waste sites are by putting up signs on those
sites. She pointed out the developments of Kensington Estates and
HIdden Creek are both close to hazardous waste sItes, feelIng that
when people come In to get permits to buIld a house near a hazardous
waste site, they should also be told about It.
Attorney HawkIns reported they are scheduled to go to court on
Thursday morning on the Tonson site to request authorization for the
State and City to go onto the property to remove the tIres. He did
not know If that hearIng wi I I change because of the fire on the sl te
this evening. The PCA has taken bids to remove the tires and Is ready
to begIn as soon as permission Is received to go onto the property.
The court has already ruled that It Is a publIc nuisance. He
understood they would bring a machine on site to clean up the tires.
He has been told It would take 3 to 5 months to complete the tire
remova I .
ReguJar City Council Meeting
February 7, 1989 - Minutes
Page 12
(WDE Site Report/Tonson & Vapors Update, Continued)
Mayor EJling reported some of the generators on the WDE site are
having problems from a ¡lability standpoint. and the EPA is trying to
back out of the cJeanup operation. Nothing is being done untlJ that
is resolved.
Attorney Hawkins stated the Sheriff's Department has had an undercover
operation at the Vapors In December which uncovered vloJatlons of the
City's High Risk Ordinance. Notice of the vIolations have been
prepared and served to the owner last Friday. The Individual now has
10 days In which to contest that determination. If he does not, the
public health officer will issue orders to remedy the probJem.
compliance to be completed within 20 days. If the findings are
contested. it wi II go before a hearing examiner to determine whether
or not I t is a public nuisance as defined In the ordinances.
AWARD BIC/PULBIC WORKS ONE-TON TRUCK
Frank Stone. Public Works Supervisor, recommended the bid from Boyer
Ford to get the Crysteel dump box because the Department has two other
Crysteel dump boxes. the warranty is better. and traveJ time in
warranty work wllJ be saved. The dump box and chassis were bid
together. The Art GoebeJ bid Is the low bid on the chassis. but i t
has a LaHaas bOdy. The only difference between the Boyer and Art
GoebeJ bids Is the dump box on the truck.
Tom Kulich. Art Goebel Ford - asked if their bid met specs. The bid
does not state CrysteeJ dump box. Mr. Stone stated the structural
framing is speced In the bid. stating there Is a difference between
Crysteel and LaHaas. He again noted the difference In warranties
between the two dump boxes. Mr. Stone explained Art Goebel does not
have the Crysteel dump box, but asked to bid a box with their
framework. He said It was okay to bid that box. But In looking at
the two. there is a difference In the steeJ and Is not an Interlocked
frame.
Mr. Kulich - argued their frame Is equaJly as good as the other.
When they bid the truck, Crysteel would not give them a bid for the
box. So the day before the bid they had to go to another
manufacturer. wondering If there Is collusion taking place. Also. the
bids are for certain specifications or equal. arguelng their LaHaas
box does meet the specs and Is equal to the Crysteel box. Plus their
bid Is cheaper. Other cities take the lowest bid. implying Andover
should take the low bid for the truck that meets the specs.
Regular City Council Meeting
February 7. 1989 - Minutes
Page 13
(Award Bld-'Publlc Works One-Ton Truck. Continued)
Counc II then noted the only difference Is the warranty, discussing the
warranties on each box and the number of times warranty work may be
necessary. Mr. Stone felt there probably wi] I not be any trouble
with the box. but he specuJated work will be needed with the
hydraulics. The specs did not state anything regarding the warranty.
He also asked for funding to Install a Motorola radio In
this truck at a cost of $850.
MOTION by Jacobson. Seconded by Knight, that the City Council accept
the bid for a 4 x 4 one-ton dump truck from Art Goebel Ford wI th the
diesel engine and Fisher 9-foot plow Including excise tax for a price
of $25,400 and subtract $850 because of the radio. $24,550; and select
that because It Is the lowest responsible bidder meeting specs.
Motion carried unanimously.
MOTION by Jacobson, Seconded by Perry. that we authorize the Public
Works Department to purchase a Motorola radio for the new 4 x 4
one-ton truck for a cost not to exceed $850 installed. Motion
carried unanlmousJy.
HIGH BAND RADIO
MOTION by Orttel, Seconded by Knight, that the Council authorize the
purchase and Installation of two high band radios. one from the ClvlJ
Defense budget and one out of Public Works various Items, to be placed
In the Public Works Supervisory vehicle and one to be placed in the
CI vii Defense Director's vehicle. Motion carried on a 4-Yes, I-No
(Jacobson) vote.
NON-DISCUSSION ITEMS
Jerrv Wlndschitl. Kenslnqton Estates - asked to waive the public
hearing for ProJect 88-6, presenting a letter of that request.
MOTION by Orttel. Seconded by Knight. tha t the Counc I ] approve
Non-Discussion Items Number 26, 27, 28. 29 with the exception of under
Item 29. exception of ProJect 88-6, Kensington Estates 3rd Addition,
be removed. (See the foJlowing ResolutIons:
R019-89: Accept feasibility, waive public hearing. order plans and
specs, IP89-4, Red Oaks 6th Addition
Accept Easements for ProJect 87-11 and 88-5
R020-89: Accept work and approve final payment, IP87-11. Andover
Elementary School
Regular CJty Council Meeting
February 7. 1989 - Minutes
Page 14
(Non-Discussion Items, Continued)
R021-89: Declare cost. prepare assessment rol I. IP88-1S.
Creekhaven
R022-89: Set assessment hearing. IP88-1S
R02S-89: Declare cost. prepare assessment roll. IP88-11. Hidden
Creek East 1st Addition
R024-89: Set assessment hearJng, IP88-11
R025-89: Declare cost, prepare assessment roll, IP88-7. Brandon's
Lakevlew Estates
R026-89: Set assessment hearing. IP88-7
R027-89: Declare cost. prepare assessment roll. IP88-6. Kensington
Estates Srd AddltJon
R028-89: Declare cost, prepare assessment rol], IP88-5, Hills of
Bunker Lake Srd Addition
R029-89: Set assessment hearJng. IP88-5
ROSO-89: Declare cost. prepare assessment rol I. IP87-S2. WJnslow
HI 1 Is
ROSl-89: Set assessment hearing. IP87-S2
ROS2-89: Declare cost. prepare assessment rol], IP87-21, Oak Bluff
2nd AddJ t I on
ROSS-89: Set assessment hearing. IP87-21
ROS4-89: Declare cost. prepare assessment roll. IP87-27. Woodland
Creek
ROS5-89: Set assessment hearIng. IP87-27 ~
ROS6-89: Declare cost, prepare assessment roll, IP88-19, Woodland
Creek 2nd AdditIon
ROS7-89: Set assessment hearing. IP88-19)
Motion carrJed unanimously.
MOTION by Orttel. Seconded by Knight, to adopt the assessment rol I
for Improvement of watermaJn. sanitary sewer, storm drain and streets
with concrete curb and gutter constructIon for ProJect 88-6. note that
It Js Kensington Estates Srd Addition. (See Resolution ROS8-89)
Motion carried unanimously.
MOTION by Jacobson. Seconded by Orttel, that we change the hearJng
date for all the assessment hearings that were Just approved from the
February 28 meeting to the first meetJng In March. Motion carried
unanJmously.
ORDER PUBLIC HEARING/"NO WAKE ORDINANCE"
MOTION by Knight. Seconded by Jacobson. to set the publJc hearing
for the March 7 meeting. Motion carrJed unanimously.
Regular City Council Meeting
February 7, 1989 - Minutes
Page 15
APPROVE FIRE DEPARTMENT ELECTION RESULTS
MOTION by Knight, Seconded by Orttel, that we approve the results of
the Fire Department election: Bob Palmer - Chief; Glenn Smith -
Assistant Chief; Marls Schi] ling - Secretary. Motion carried
unanimously.
AWARD BID/FIRE VEHICLE
Because the firefighters were on a fire scene and several
CounclJmembers had some questions, It was agreed to table this Item
until they can be present.
MOTION by Perry, Seconded by Jacobson, that we hold this until we
can ask questions on It. Motion carried unanimously.
APPROVE ASSESSOR'S CONTRACT
There was a brief discussion on whether or not It would be more cost
effective for the City to hire it's own assessor. There was also
concern about the Increased rates. After discussion it was concluded
that at this time the the county proposal Is the most economical.
MOTION by Jacobson, Seconded by Knight, tha t the Counc I I authorize
the Mayor to sign the Joint Powers Agreement between the City of
Andover and the County of Anoka for assessments for the period of 1991
through 1996 as presented In the agreement. Motion carried
unanimously.
ANIMAL CONTROL CONTRACT
Mr. Schrantz asked to continue this Item, as the City does not yet
have the contract.
MOTION by Jacobson, Seconded by Perry. to so move. Motion carried
unanimously.
APPROVE LAW ENFORCEMENT CONTRACT
Mayor EI ling asked for a motion to have the Mayor and Clerk sign the
Police Agreement as negotiated last year.
MOTION by Knight, Seconded by Jacobson. to so move. Motion carried
unanimously.
Regular City Council Meeting
February 7, 1989 - Minutes
Page 16
INSURANCE/FIRE DEPARTMENT
Mayor EI ling asked for a motion to reimburse a firefIghter $50, the
difference between what he paid the City for Its deductible and what
hIs Insurance company paid him for a pager and amplifier system that
was stolen from hIs home while he was on vacation.
MOTION by Knight, Seconded by Orttel, to so move. Motion carried
unanimously.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Counc II agreed to tab]e thIs Item.
REPORT ON TRAFFIC STUDY/COUNTY ROADS
Counc i I acknowledged receipt of the traffic study. No action was
required.
FIRE MARSHAL POSITION
Counc I J agreed to Interview the two applicants recommended by the Fire
Department. Mayor Elling asked to have this placed on the next work
session.
MOTION by Perry. Seconded by Ortte]. to so move. Motion carried
unanimously. <This was later changed to the February 21 meeting. as
the February work session was cancelled.)
MOTION by Jacobson, Seconded by KnIght. that we approve the positIon
description for the Fire Marsha] as presented. Motion carried
unanimously.
Councllmember Jacobson stated the Personnel Committee recommended the
salary be at the same rate as the Assistant Building Inspector. which
Is $13,100 for 20 hours per week. The salary would be paId on an
hourly rate plus benefits.
MOTION by Jacobson, Seconded by Knight. move that recommendation as
the salary range for the position. Motion carried unanimously.
CABLE COMMISSIONER
Counc II directed the Administrator to advertise for the position.
Regular CIty Council Meeting
February 7, 1989 - Minutes
Page 17
SCHEDULE WORK SESSION
Because the Items on the work sessIon agenda will be discussed at the
February 21 meeting. It was agreed no sessIon Is needed for February.
It was then agreed the Interviews for Fire Marshal will be at 7:00 on
the 21st. Just before the Regular Council Meeting.
MOTION by Perry. Seconded by Jacobson. to so move. Mot I on carr! ed
unanimously.
APPROVAL OF CLAIMS
MOTION by Orttel. Seconded by Knight, approval of Claims Numbers
1 60 11 through 16116 In the amount of $268,587.44. Motion carrIed
unanimously.
MOTION by KnIght, Seconded by Perry, to adJourn. Motion carried
unanimously.
Meeting adJourned at 11:05 p.m.
Respectfully submitted.
~'~-~~L
~ c"- \\ E'~
Ma el la A. Peach
Reco Ing Secretary