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HomeMy WebLinkAboutCC July 5, 1989 ~.. CITY of ANDOVER Regular City Council Meeting - July 5, 1989 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Oak Bluff street Lights/Public Hearing 2. Vacation of Easements Public Hearing/New Generation Homes 3. Buchman Variance 4 . Amended Special Use Permit/Meadow Creek Church 5. Raintree Realty Special Use Permit (Mining) 6. City of Andover Special Use Permit 7. 8. Declare costs/Order Assessment Roll/86-21 9. Joint Powers Agreement w/Coon Rapids 10. Receive Feasibility ReportjWatt's Garden Acres Storm Drainage 11. 12. FHA & PCA Policy Staff, Committee, Commission 13. Oak Hill Estates Discussion 14. Lower Rum River Water Management Standards 15. Approve Temp. Non-Intox. Liquor License/Lions Club 16. Fire Department Referendum 17. Kensington Estates Storm Drain Non-Discussion Items 18. Award Bid/Demolition/1832 Bunker Lake Blvd. 19. Approve Final payment/Sidewalk 20. Release Escrow/Brandon's Lakeview Estates 21. Release Escrow/Indian Meadows 22. Receive Feasibility Report/88-16/173rd & Navajo 23. Receive Petition/Kirby Estates 24. Approve Contracts/Street Lighting/88-27, 88-28, 88-31, 89-11 Approval of Claims Adjournment - tC}\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W.' ANDOVER, MINNESOTA 55304· (612) 755-5100 . REGULAR CITY COUNCIL MEETING - JULY 5. 1989 MINUTES The Regular BI-Monthly MeetIng of the Andover City Council was called to order by Mayor Jim Elling on July 5, 1989. 7:S0 p.m.. at at the Andover City Hall. 1685 Crosstown Boulevard NW, Andover. Minnesota. Councilmen present: Jacobson. Orttel. Perry Councilmen absent: Knight Also present: City Attorney, WillIam G. Hawkins; Assistant City EngIneer, Todd Haas; City Planner, Jay Blake; City Finance Director. Howard Koollck; City Administrator, James Schrantz: and others AGENDA APPROVAL It was agreed to add the following Items to the Agenda: Item 17a, Comprehensive Plan Discussion; and Item 17b. Creekrldge Pond. Mayor Elling asked for a motion to approve the Agenda as amended. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanImously. APPROVAL OF MINUTES MOTION by Jacobson, Seconded by Perry, approval of the Special Meeting of June 21. the Regular Meeting for June 20, the Special Meeting on June 27, and the Special Closed Meeting on June 20. Motion carried on a 4-0 vote (Knight Absent) except for the June 21 Special Meeting where Perry voted Present. OAK BLUFF STRRET LIGHTS/PUBLIC HEARING Mr. Haas explained there was a maJority petition from the Oak Bluff Addition for street lighting. He pointed out the proposed ]ocatlons of the street lights. noting It has been treated as a rural plat. In reviewing the costs, Mr. Haas explained the residents will be billed $14.0S per quarter. though AEC bills the City monthly. Gene Benson. 1292 148th Lane - asked If he could payoff the charge for the light and InstallatIon In one lump sum rather than paying It off over five years wIth Interest. After some discussIon, the Counc II agreed It should be treated as any other assessment and should be allowed to be paid off, suggesting the possIbility of bIllIng the amount and allowing It to be paId off withIn a three-month period. The money wi I I then be deposited In an account with Interest to pay back Anoka Electric. - .< -. Regular City Council Meeting July 5, 1989 - Minutes Page 2 (Oak Bluff Street Lights/Public Hea~lng. Continued) MOTION by Jacobson, Seconded by Per~y. Introducing the Resolution as presented. (Resolution Rl13-89 orde~lng the Imp~ovement of street lighting, P~oJect No. 89-11, In the Oak Bluff 1st Addition Area) Motion carried unanimously. VACATION OF EASEMENTS PUBLIC HEARING/NEW GENERATION HOMES Mr. Haas ~eviewed the proposed vacation of easements on Lot 1. Block 4 and Lot 9, Block 2 of Indian Meadows Addition so the homes can be constructed close~ to the street. The New Gene~atlon Homes engineer has reviewed this and submitted revised g~adlng plans and elevations. The Staff Is recommending approval of the vacations. Wayne Bachman of New Generation Homes explained they are proposing to change the easement area and change the g~adlng of the house pad so there will be no flooding problems. He also noted the plat was done by another developer several years ago. MOTION by O~ttel, Seconded by Perry. a Resolution vacating a drainage easement on Lot I, Block 4 and Lot 9. Block 2 In Indian Meadows Addition as presented. (See Resolution Rl14-89) Motion carried unanimously. BUCHMAN VARIANCE/AMENDED SPECIAL USE PERMIT FOR MEADOW CREEK CHURCH/ RAINTREE REALTY SPECIAL USE PERMIT FOR MINING/CITY OF ANDOVER SPECIAL USE PERMIT MOTION by Jacobson, Seconded by Perry, that we approve, as recommended, Items 3, 4. 5, and 6 on the Agenda of July 5. (See the following Resolutions: Rl15-89 - Approving a Va~lance request by John Buchman for a 10-foot rear-yard setback to allow the construction of a deck on Lot 1, Block 1, Northglen 5th Addition Rl16-89 - Approving a Special Use Permit requested by Meadow Creek Church for the construction of a new office and worship sanctua~y Rl17-89 - Approving a Special Use Permit to mine dirt on Lot 1. Block 1 Barnes Roiling Oaks Rl18-89 - Approving a Special Use Permit on behalf of the City of Andover to erect two advertising signs on two vacant lots located In the Andove~ Commercial Park) Regular City Council Meeting July 5, 1989 - Minutes Page 3 (Buchman Variance/Amended Special Use Permit For Meadow Creek Church/ Raintree Realty Special Use Permit For Mining/City of Andover Special Use Permit. Continued) DISCUSSION: Ron Smith submitted a letter to the Council Indicating there Is adequate dirt on Lot 3. Dave Almgren, Building Official, felt that lot should be checked; and if dirt Is needed to bring It up to 39,000 square feet 6 1/2 feet above the seasonal high water elevation plus the minimum house pad, then the dirt should be used to bring this lot up to standard before any Is hauled from the area. He stated Mr. Smith understands this. Motion car~led unanimously. FHA AND PCA POLICY Mayor Elling reviewed the recommendations from HUD and MPCA regarding the need for Andover to regulate the design feature of development around the WDE site. The original request was that no structure would be allowed within 1,000 feet of the toe of the landfill. That has been negotiated to within 200 feet of the toe of the landfill. though he did not like the fact that not even accessory buildings could be built within those parameters. Another concern of his Is that there are no other completed landfills In the State of Minnesota. They do not know what kind of methane gas problems there will be once the landfill Is capped. The suggestion of tarrIng the foundation and backfillIng with rock around the structure for the venting of any gas would not be a large expenditure and would not be visible. The p~operty mainly affected Is Kensington Estates on the west side of the landfill. Mayor Elling thought the FHA and PCA would like to see the Counc II do something on this matter or there may be the question of FHA refusing financing again. Councllmember Jacobson stated FHA financing may not be available. but conventional financing would stili be available. He noted that the PCA has not stated specifically that this Is dangerous. If It Is. he thought the PCA should specifIcally say so. Mayor Elling stated he has tried to get the PCA to do that, but they won't because they don't have a good bench mark to work from. Councllmember Jacobson stated for years everyone has been told that the landfill Is a county and state-run facility. But now the City Is being asked to take on this responsibility. If that Is to be done. he felt the people or those who own the property should be compensated for taking these extra-ordinary measures. Mr. Schrantz thought that If the City allows the developer to build buildings In that area without any precautions taken and then there Is a problem. the City may have some responsIbility o~ liability. Regular City Council Meeting July 5, 1989 - Minutes Page 4 (FHA And PCA Policy. Continued) Mr. Blake noted that the setback also affects the HIlls of Bunker Lake plat east of Hanson Boulevard. Mayor Elling stated the PCA has Indicated they would not require those restrictions across Hanson Boulevard, nor on the no~th side because the creek provides a natural barrier. Councllmember Orttel didn't know how they could require the restrictions on one sIde of the landfill but not on the other. He felt It Is a safety Issue. and that the SW28 group should be buyIng the land. If nothing can be done for the 200 feet from the landfill. It Is probably considered a "taking", and the 500 feet Is a zoning Issue and should be addressed by the P & Z. He stated the PCA does have the authority to do It. Councllmember Orttel also noted that It Is not even known that the 200-foot strIp or other measures will work. If those measures are requIred. he also thought It ImplIes there Is a problem and It can make the lots unmarketable. Mayor EllIng stated he has asked the PCA to condemn the 200-foot strip, but they don't care to do that. He too thought that would be taking the property wIthout Just compensation. Mr. Schrantz thought the developer has already asked for that compensatIon. Attorney Hawkins advIsed as long as the CIty made dIsclosures that the problem exists, the City would not be lIable. The City Is not the cause of the landfill being there, and It does not have to do anything other than make It known that there Is a problem there. If It Is not known whether there Is a problem there. the City shouldn't be making statements that there Is one. DIscussIon contInued on the Issue. The Counc II exp~essed concern that the burden Is being placed upon the City to require these measures, that there Is no compensation for these measures, that the measures are not being requIred on the east side of the landfill. on the requIrement of not allowIng anything wIthIn 200 feet of the landfill. and on the City's liabilIty In the matter. Suggestions were then to ask the City Attorney to review the matter and advise the City on Its liabIlity and to send the matter to the P]annlng and ZonIng Commission to fully Investigate the alternative methods available to keep methane gas out of the homes. askIng the PCA for their expertIse and recommendations as well. It was also suggested that when the public hearing Is held. everyone that has the potentIal of being Impacted should be notifIed. Jerry Wlndschltl. developer of KensIngton Estates. stated the 4th Addition Is tied up with the legal Issue of the lien that the EPA placed on the property. It Is clearly an Improper lien. fee II ng that Regular City Council Meeting July 5. 1989 - Minutes Page 5 (FHA And PCA Policy, Continued) Is the only Item that Is preventing that plat from being filed. He also stated he has two of the best environmental attorneys working on this matter; and to the best of their knowledge, there Is no known documentation to substantiate the position of 200 and 500 feet being proposed by FHA and MPCA. Everyone recognizes that restricting building within 200 o~ 500 feet Is a taking, and he has been told the generators are refusing to buy the property but want the PCA to buy It. PCA doesn't want to buy It either. so It filters down to the City. MOTION by Jacobson, Seconded by Perry, that we take the Issue of possible landfill gas Infiltration around the Waste Disposal Engineering site, send the question to the Planning and Zoning Commission for public hearing and that people within 500 feet of the site be notified that a hearing Is being held; request that the Planning Commission first of all Identity whether or not It has been documented that there Is a problem which would require the City to take extra-ordinary measures either through the ordinances or by other means. If there Is good reason to make a recommendation to the City as to what steps should be taken, either no building within a certain distance or or special Installation of equipment, or whatever. and that the P & Z lean heavily on expertise from the PCA as they said they would provide us In a letter; and If need be, have the City Atto~ney available for legal questions as to any Ilabl]lty the City may Incur by taking extra-ordinary steps. Motion carried unanimously. DECLARE COSTS/ORDER ASSESSMENT ROLL/86-21 Bl 1 I Ottensman. Coon Rapids. stated they reworked the calculations based on the addition of a piece of storm drainage pipe constructed In Andover that was not Included In the original figures. The resu It Is the lateral costs Increased to $2.482.S6/AC (previously figured at $2,S09.15/AC). and the storm sewer trunk decreased to $881.24/AC (previously figured at $927.54/AC). The net cost to Andover reduced by $18.856.98. The total bl I I to Andover for storm drainage will be $130,160.09. Mr. Ottensman also stated they will pay Good Value Homes the $24,700 It cost for the additional piece of storm drainage pipe. Counc I 1 discussed the proJect, especiallY their concern that the final cost Is so much more than the estimated costs. Mr. Ottensman stated there were a number of things combined that Increased the costs, though he acknowledged there should have been better communication between the cities In this project. He also stated that once the properties within this proJect area are assessed. they w II 1 never be assessed again for storm drainage. Counc II then agreed to have the assessment roll prepared and to hold a public hearing, noting the correct costs based on Mr. Ottensman's report this evening must be Included In the prepared resolution. Regular City Council Meeting July 5, 1989 - Minutes Page 6 (Declare Costs-'Order Assessment Roll/86-21. Continued) MOTION by Perry, Seconded by Jacobson. Introducing the Resolution declaring costs and directing preparation of assessment roll for the Improvement of watermaln, sanitary sewer, storm drain and streets for Project No. 86-21. 133rd Avenue and Jay Street area. and that the numbers should be corrected to what we have seen tonight. (See Resolution Rl19-89) Motion carried unanimously. JOINT POWERS AGREEMENT WITH COON RAPIDS Mr. Ottensman stated the Coon Rapids City Attorney has advised that a paragraph be Included In the Joint Powers Agreement that If there Is an Increase of more than 10 percent In the cost of the proJect. It will be brought back to Andover for consideration. The Counc I I questioned the provision under Item 7 of sealcoatlng 133rd Avenue at five-year Intervals. Mr. Ottensman stated they have changed their policy and only sealcoat as needed. Councllmember Orttel was concerned about Andover assessing parcels for storm drainage that are not yet ready to develop. stating that has not been the policy In the past. Mr. Ottensman also noted the costs have been equalized over the entire basin so everyone will be paying the same rate as their proJect area Is done adJusted with the construction cost Index. Each time a piece of the district Is completed, they refigure the costs for the entire district. Mr. Schrantz also noted that Coon Rapids will be billing Andover at their rates for sewer and water for those residents that are served by the Coon Rapids line. Andover. In turn. wi I I bill Its residents at Its rates. He didn't know If the two rates are the same. Mr. Ottensman stated they normal]y charge their residents $5 for administration and processing; however, they will only charge one $5 fee for Andover no matter how many units there are. MOTION by Jacobson, Seconded by Orttel, the Joint Powers Agreement between the Cities of Coon Rapids and Andover for the construction and maintenance of certain public utilities within the City of Coon Rapids and the City of Andover as dated 7-5-89 In our Agenda tonight with two changes: 1) an addition subJect to review by the City Attorney and Coon Rapids City Attorney for Its legality to the effect that should the proJected costs of the proJect be more than 10 percent above those numbers In this Agreement, then both cities would discuss those cost Increases and mutually agree on proceeding before work continues; and 2) under Section 7 where the agreement talks about sealcoatlng. that whole section would be changed to read "that sealcoatlng would be done on an as needed basis which Is mutually agreeable between the two cities." Motion carried unanimously. Regular City Council Meeting July 5. 1989 - Minutes Page 7 RECEIVE FEASIBILITY REPORT/wATT'S GARDEN ACRES STORM DRAINAGE MOTION by Orttel, Seconded by Jacobson, a Resolution as presented with the corrected numbers to be Inserted by Staff. (See Resolution R020-89, a Resolution receiving feasibility report and calling public hearing on Improvements of storm drainage, ProJect No. 89-18 In the Southeast 1/4 of the Southeast 1/4 of Watt's Garden Acres area, Public Hearing set for July 25, 1989) DISCUSSION: Councllmember Orttel again stated he had concerns about the City's policy of assessing ahead of development. M~. Schrantz noted there Is no petition so a 4/5 vote Is needed to order the proJect. Also. if Andover does not assess the project but Coon Rapids proceeds, Coon Rapids will carry those costs with Interest. Te~~y Herman, Engineer representing Coon Rapids, stated the feasibility report for storm drainage was done In total for the entire basin In 1985. The proJect remains basically unchanged and the rates are those estimated tonight for the previous proJect. The feasibility before the Council Is an update of the repo~t done two years ago, as this Is part of the on-going proJect. Motion carried unanimously. Council recessed at 9:37; reconvened at 9:46 p.m. OAK HILL ESTATES DISCUSSION Mr. Blake stated he has reviewed Ham Lake's PUD ordinance as It relates to Oak Hills Estates and a proposed air strip off University Avenue. He talked with Ham Lake's consultant planner, who has assured him they will keep Andover informed of the progress of the plat. No public hearing will be scheduled until al I the Items required of the developer are completed. The consultant assured Mr. Blake that all Information wi I I be available before the P & Z meeting on the matter Is held In Ham Lake. Mr. Blake also noted he has talked with the Metropolitan Council. who has asked that the City request In writing that they become Involved because the proposed plat affects property outside of the City of Ham Lake. Mr. Blake asked for direction from the Council. MOTION by Perry. Seconded by Jacobson, asking the Staff to draft a letter to the Metropolitan Council to evaluate the Impact this development would have on Andover. and at the same time request Jay (Blake) to stay In contact with the planner In Ham Lake and keep us Informed on the development. Motion carried unanimously. Regular City Council Meeting July 5. 1989 - Minutes Page 8 LOWER RUM RIVER WATER MANAGEMENT STANDARDS Mr. Schrantz stated the proposal Is being put to all cities Involved, asking for recommendations on the LRRWM's standards. He is recommending Method II because It Is more restrictive. It gives the Board more power, and It would review more subdivisions. The Board has the responsibility to manage the water in that water district, thinking It Is the same as a Watershed Board. The Council generally agreed with the Method II permitting procedure, but thought the proposed guidelines were much too restrictive. They recommended writing those guidelines over so they are more reasonable to the Rum River. MOTION by Jacobson, Seconded by Orttel, that we direct our representative on the Board to go back and provide the sense of the Council that the restrictions are overly strict for the area, and we would prefer to have something far less restrictive and more reasonable which would fit our area better. Motion carried unanimously. APPROVE TEMPORARY NON-INTOXICATING LIQUOR LICENSE-'LIONS CLUB There was some question as to whether the application Is for Just JulY 22 or for the 23rd as well. Council agreed to grant the permit for both days In case the Lions want to sell on both days. MOTION by Orttel, Seconded by Perry, that we approve a temporary Non-Intoxicating Liquor License to the Andover Lions Club for July 22 and 23. Motion carried on a 3-Yes, I-No (Jacobson), I-Absent (Knight) vote. FIRE DEPARTMENT REFERENDUM Mark O'Dell. Andover Firefighter. explained the Bond Committee has been meeting for five or six months regarding the needs of the Fire Department, referring to the outline In the Agenda material of what has taken place to date. He requested the Council appoint them as an official committee with those members listed. noting Jack McKelvy has also expressed an Interest to serve on that committee. The Committee is also recommending Robert Aldrich, Fridley Fire Chief, as a consultant to evaluate and proJect the needs for fire protection at the rate of $50 per hour. Mr. Aldrich has estimated that report could be done for about $5,000, which Is considerably less than what other cities have paid for slmlllar evaluations. Regular City Council Meeting July 5, 1989 - Minutes Page 9 (Fire Department Referendum. Continued) Councllmember Orttel explained the Committee felt an outside consultant Is needed to evaluate the fire response, equipment, and personnel. This would equate to a capital Improvements prog~am for the Fire Department. The Committee determined that there are some maJor needs. How to satisfy those needs Is the next question. That Is why they are requesting that a consultant be brought In. The Committee chose Mr. Aldrich because he Is local, has more direct experience. and because of the cost. Fire Chief Bob Palmer stated the funds would be advanced by the City; and If the bond passed. It would be paid out of that money. He thought there Is some money In the Department's budget that could be used for this Item. but he didn't know how much. Mr. Blake felt the report will be timely In view of the Comprehensive Plan update that Is In process. Robert A]d~lch. Frldlev FI~e Chief - stated he will submit a proposal as soon as he has specific direction from the Committee as to what they want studied and how far Into the future the plan should be. Mayo~ Elling recommended not more than a five-year plan and a study of location of stations, equipment. and manpower. Councllmember Orttel felt the City's ultimate development should also be considered so any future stations would be located In the most desired areas at that point. not Just based on what Is In place now or within the next five years. Mr. Aldrich - thought he could do the report for not more than $5,000 and could have a written outline of his proposal by the next meeting If he gets the direction from the Bond Committee. Council generally agreed the Committee should be called the Fire Protection Planning Committee. That Committee Is to provide the scope of the study to Mr. Aldrich, who will have a proposal to the Council for the next meeting. Mr. Koollck was asked to determine where the funds would come from for the study. MOTION by Jacobson, Seconded by Perry, that the City Council direct the Fire Department Committee to recommend a plan for future needs of the Fire Depa~tment over a pe~lod of time that they would determine, and that consultant be given that outline, and consultant comes back with more figures as to what that would cost the City to do that work; and the same time direct the City Finance Official to determine If and where the funds are available to finance that endeavor. Motion carried unanimously. Regular City Council MeetIng July 5, 1989 - Minutes Page 10 KENSINGTON ESTATES STORM DRAIN Mr. Schrantz noted the Attorney's opinIon that all affected property owners must be treated the same within the drainage basin (See June 27, 1989 Special Meeting Minutes). He thought the CouncIl could proceed with the assessment hearing for Kensington Estates since the storm drainage was Included In the origInal hearings; however, the Improvement hearing would need to be ordered for the remaIning property owners, then an assessment hearing. Some propertIes In the dlst~lct have already been assessed for storm draInage, but not for trunk storm drainage. Jerrv Wlndschltl. KenslnQton Estates - stated everyone In the area paid the same assessments, as they were unit assessments, and that cost Included a storm sewer assessment. Councllmember Perry said the Council has been told by Mr. Schrantz and by TKDA that there were costs Included specifically for Mr. Wlndschltl's development. Mr. Wlndschltl argued all the water drains Into a basin; and If there was sometlng done specially for him. It was done for everyone else as well, as this deals with the entire drainage district. He felt It Is a misconception that Kensington Estates has not paid Its share. The pipe was put In for everyone'S benefIt, not Just for Kensington Estates. Afte~ further dIscussion, It was suggested the Engineers determine who does benefIt In the project, who would be assessed. and how much the assessment would be assuming the same procedu~e Is used for this portion of the p~oJect as was done south of 140th on Crosstown -- that Is forgiving the assessment on the properties adjacent to Crosstown Boulevard. It was also suggested the Engineers look at the amount of benefit to those parcels north of the retaining wall, questioning whether their benefIt would be the same because no actual construction was done for them. Councllmember Orttel argued that those residents already had drainage and the street, so they did not receIve any Increased benefIt as a result of this project. Mr. Schrantz thought that using a 150-foot setback along Crosstown Boulevard would elimInate most of the lots outside of Kensington Estates. Mr. Wlndschltl stated he does not believe that legally there Is any type of proceedings In place at this time to proceed with an assessment hearing. All 429 proceedings relating to Kensington Estates have been terminated and all costs have been assessed. Mr. Schrantz again stated he felt these trunk storm drainage costs we~e talked about at the public hea~lngs. so the City can p~oceed with the assessment hearing on Kensington Estates. Mr. Hawkins recommended goIng through the entIre 429 process again If there Is a question. The Council concurred. Regular City Council Meeting July 5, 1989 - Minutes Page 11 (Kensington Estates Storm Drain. Continued) MOTION by Jacobson. Seconded by Perry, that we authorize the City Attorney, TKDA. and the City Engineer to sit down and discuss the Item that we have Just gone over at great length, and to have TKDA and the City Attorney agree on numbers and parcels that can be assessed and costs and what those costs are based upon the normal policy the City has for assessing storm sewer. Motion carried unanimously. COMPREHENSIVE PLAN DISCUSSION Mr. Blake asked for Council direction In choosing a planning consultant to do the Comprehensive Plan update from the nine p~oposals. MOTION by Jacobson. Seconded by Perry, that the City Council request Its Staff to select three companies for the City Council to Interview for a redo of the City Comprehensive Plan. and for the Staff to rank those in their estimation for our benefit. Motion carried unanimously. No date was scheduled for those interviews. CREEKRIDGE POND Mayor Elling reported TKDA staked the area; and the develope~. Rick Carlson. has agreed to pay approximately $5.000 to fill and grade that area In Creekridge Estates. Councllmember O~ttel stated he talked with Mr. Carlson this evening. who stated he felt It was an Implied threat that he pay for this project If he wanted to continue doing business with the City. Mr. Carlson also said he was not told that the Council had passed a motion that the City would pay for the proJect, expressing disappointment in the way the situation was handled. Counci]member Orttel continued that Mr. Carlson dId agree to contribute up to $5,000 for the fill and grading but would not be willIng to pay for the SO percent overhead. Council agreed to accept Mr. Carlson's offer and also agreed that the residents should be notified that once the area is filled and graded. they will be responsible for sodding or seeding and maintenance and that the City will not do any more Improvements In that area. MOTION by Jacobson. Seconded by Perry, that we accept the offe~ that has been presented of approximately $5.000 for the pond fill-In; and that If there is any overhead In the proJect, that the City would pick up that admlnlst~atlve overhead to finish the project; and In addition that the residents in the affected p~operty be sent a letter signed by the City Engineer stating that this 5hould correct the problem and It Is up to the residents to take care of the area -- to sod It or whatever -- the City will not do any more maintenance at all; that letter be sent to the builders and the developer too. Motion carried unanimously. Regular CIty Council Meeting July 5. 1989 - Minutes Page 12 NON-DISCUSSION ITEMS 18-24 Mayor Elling asked for a motIon to approve Items 18-24. MOTION by Orttel. Seconded by Jacobson. to so move. (See the following items and Resolutions: Award bid to Sauter and Sons for demolition of home at 1832 Bunker Lake Boulevard for $3.200 R121-89 - AcceptIng work and dIrecting final payment to Forest Lake Contracting for ProJect 88-33, Sidewalk Improvement along Bunker Lake Boulevard between Gladlola and Heather Release escrow provided by Tollefson Construction for improvements In Brandon's Lakevlew Estates R122-89 - Approving the final grading and street construction of Indian Meadows as being developed by New Generation Homes (see correction to motion below) R122-89 - Receiving feasibility report and calling public hearing on street construction. ProJect No. 88-16, 173rd Avenue, NavaJo Street, 175th Avenue area, Hearing set for July 25 (see addition to motion below) R124-89 - Declaring adequacy of petition and ordering preparation of a feasibility report for the Improvements of watermaln, sanitary sewer. storm drain and streets with concrete curb and gutter. Project 89-15. Kirby Estates area Approve financing agreements for street light Installations with Anoka Electric Cooperative for ProJects 88-27 (Hidden Creek 1st - 3rd Additions), 88-28 (Woodland Terrace 1st - 5th Additions). 88-31 (Woodland Ridge) and 89-11 (Oak Bluff 1st Addition) DISCUSSION: Wayne Bachman. New Generation Homes, stated the property with the earth home has gone tax forfeit. They do not own the property. and It is not a part of this development. Attorney Hawkins stated the City had a lien for the cleanup costs of cleaning up that lot (Lot 1, Block 1), but in his opinion the City's lien was eliminated In the tax forfeiture. Mr. Haas recommended deleting Item 2 In the resolution which requires paying for demolition costs for Lot 1 , Block 1 of Andover West of $2,500 to the City of Andover. Councllmember Orttel CORRECTED MOTION: subject to the change In Item 21. to delete Condition No.2; and Note under Item 22 that the petition from the neighborhood has been received and ask the City Staff to validate It. Motion carried unanimously. Regular CIty CouncIl Meeting July 5, 1989 - Minutes Page 13 APPROVAL OF CLAIMS MOTION by Jacobson. Seconded by Perry, approve ClaIms Checks 16784 through 16849 with the exceptIon of Check Number 16845 In the amount of $26.71 for aspIrin. for a grand total of $225.840.72 minus the $26.71. Motion carried unanImously. MOTION by Perry to adJourn. Motion carrIed unanimously. Meeting adJourned at 11:29 p.m. Respectfully submitted. \ì~Cl<-\~L Ma cella A. Peach Rec ding Secretary