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HomeMy WebLinkAboutCC May 2, 1989 ;'~ CITY of ANDOVER Regular City Council Meeting - May 2, 1989 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Continued Board of Review Discussion Items 1. B. Hay Sewer Request 2. Ordinance 8 Amendment/Vehicle Wash in NB 3. Landowski Special Use Permit 4 . Benolkin Special Use Permit (Amended) 5. Mining Permit/L. Morrell 6. Strauss Special Use Permit 7. Anoka County Parks Special Use Permit 8. Heidelberger Variance 9. Echo Hill preliminary plat 10. Ordinance 8 Amendment/Ext. Storage of Tires 11. Rename Verdin Street 12. Approve Purchase Agreement/Commercial Park 13. Comprehensive plan Process Staff, Committee, Commission 14. Adopt Resolution/Sanitary Sewer Hookups 15. City Clean-up Day 16. Curbside Recycling 17. Steve Kunde/Oak wilt Non-Discussion items 18. Red Oaks Manor Final Plat Approval 19. Award Bid/89-4/Red Oaks 6th 20. Award Bid/88-1/Crosstown Bridge 21. Receive Petition/Smith's Green Acres Approval of Claims Adjournment --~ ~----- r~· CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW< . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - MAY 2. 1989 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jim EllIng on May 2, 1989, 7:30 p.m., at at the Andover CIty HaJI, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Jacobson, Knight, OrtteJ. Perry Councilmen absent: None Also present: City Attorney. William G. Hawkins; TKDA Engineer, John Rodeberg: Assistant City Engineer. Todd Haas; City Planner, Jay Blake; City Finance Director. Howard Koollck: City AdminIstrator, James Schrantz; others RESIDENT FORUM Rosella Sonstebv - asked if the notification to residents for a mining permit needs to be 350 feet from the mining site or from the edge of her property. She stated the mining site Is 1/2 mile from anybody. yet she is stll I being required to notify those within 350 feet of her property line. She didn't think that Is how It is done for other things. Mr. Blake stated Ms. Sonsteby Is referring to an application for a SpeciaJ Use Permit to mine dirt. and she Is being required to notify property owners within 350 feet of her property. Mayor Elling noted It is state law that it be from the property line, not the site of the mIning. AGENDA APPROVAL It was suggested the following Items be added to the Agenda: 14. Joint Powers Agreement/Signals on Round Lake Boulevard; 18. Olson Property/Pondlng; 19, University Avenue MSA Street; and 22. Mayor's Report. Mayor EIJlng asked for a motion to approve the Agenda as amended. MOTION by Knight. Seconded by Jacobson, to so move. Motion carried unanimously. APPROVAL OF MINUTES ~OTION by Knight, Seconded by Perry, to approve the Minutes for ¡prll 4 and Apri I 6. Motion carried unanimously. lOTION by Knight, Seconded by Perry, to approve the three Minutes on prl J 18. Motion carried on a 4-Yes. I-Abstain (Jacobson) vote. Regular City Council Meeting May 2. 1989 - Minutes Page 2 1) )1 (Approval of Minutes, Continued) C?;"JI. MOTION by Jacobson. Seconded by Perry, to approve the April 27 Board of Review Minutes. Motion carried on a 4-¥es. 'i.-Abstain (KnightJ,EJJ'~'i) vote. ¿¡ CONTINUED BOARD OF REVIEW Mayor E111ng continued the Board of Review at 7:34 p.m. John Leone. County Assessor. was present. Mr. Leone suggested changes for the following properties: Laura Arp. PIN 02 32 24 23 0008 - be reduced from $119,500 to $112.700. Ann Slkors - awaiting receipt of a Green Acres application to rec]asslfy the use; no change In valuation. Tom Marron. PIN 30 32 24 42 0019 - be reduced from $81,500 to $79,600. Chris Stumpf. PIN 21 32 24 33 0013 - be reduced from $166.400 to $158.500. Ron Roden. PIN 19 32 24 21 0013 - was out of town this week. so Mr. Leone will view the parcel next week and make a recommendation. If Mr. Roden is not satisfied. he wi I! appeal to the County. Mr. Roden has agreed to these terms. Dave Simmons. PIN 31 32 24 21 0027 - be reduced from $101.300 to $80,800 for this year; next year it will be $91.900. There were some errors on the assessments. and Mr. Simmons has agreed to a 10wer vaJuatlon for one year to avoid the cost of abatement AI Schelcher. PIN 03 32 24 34 0006 - be reduced from $163,400 to $151.400. MOTION by Knight, Seconded by Jacobson. that we accept the changes as presented by the Assessor. Motion carried unanimously. Mayor EJling asked for a motion to c]ose the Board of Review. MOTION by Knight. Seconded by Jacobson. to so move. Motion carried unanlmous]y. The Board of Review was closed at 7:44 p.m. B. HAY SEWER REQUEST KarJa Wahl, Attorney representing Bruce Hay, stated she has not received any further Information from Staff on their request for sewer service to the Bruce Hay property through the Coon Rapids Interceptor. Regular City Council Meeting May 2, 1989 - Mlnutes Page 3 (B. Hay Sewer Request, Continued) Mayor EI Ilng stated the Clty needs to know the phasing, schedulIng and proposal for the proJect to submit lts applIcation to the Metropolitan Council and MWCC. He aJso noted there Is a possibility the CAB lIne wi I I be available to thIs property by 1991, which would also serve Ms. Sonsteby's property. Ms. Wahl stated Mr. Hay Is not Interested In connecting to the CAB but wants to connect to the Coon Rapids Interceptor. Mayor Elling explained the Metropolitan Council has told the CIty It needs to revIew the Comprehensive Sewer Plan and the Comprehensive Plan In conjunction wIth the applicatIon. He didn't see those beIng completed In less than 90 days. possibly closer to three or more months. The Mayor also noted a development agreement will be needed with Mr. Hay regarding the sewer 11ft. etc. Ms. Wahl expected there would be no problem worklng out the terms of the development agreement. Their fIrst concern ls to become part of the Coon Rapids Interceptor so the property can be serviced. Mayor EIIlng noted the Clty has already begun worklng on the appllcatlon; however. the final decision Is that of the Metropolltan Councll and the MWCC. Mr. Schrantz aJso provided a copy of the letter from the Metropolitan Councll outlining the requirements on the appllcatlon process to Include the Hay property ln the Coon Rapids Interceptor servlce area. Because the court has mandated that the Clty make sewer avallable to the Hay property ImmedIately. Attorney HawkIns advised the CouncIl to pass a resolutIon authorIzIng the Staff to make applicatIon to the MWCC to Include that property In the Coon RapIds Interceptor service area. From that point on, they will be treated the same as any other developer. MOTION by KnIght. Seconded by Perry, that the Staff be directed to provide that Resolution. DISCUSSION: Rosella Sonstebv - felt she may be able to hook up to the Anoka system. A potential buyer for her commercIal property has stated there would be no problem getting sewer from Anoka. and It appears Anoka may be receptive to provIding that servIce. Mr. Schrantz stated the completion of the CAB Is scheduled for 1991; however. he dId not know the capacIty of Anoka's Internal system. Peter Rauen. 4110 147th - read a Jetter written to the Councl] regarding his concerns over the proposed development of a mobIle home park behInd hIs property. He requested that the several poInts to be Included In the CIty's applIcation to the MWCC and the MetropolItan Councl] -- that the City Is being requIred to make the applIcation by Regular City Council Meeting May 2, 1989 - Minutes Page 4 (8. Hay Sewer Request. Continued) court order. that I t is not the action of the City planners and not in the best Interest of the CIty, that there are sIngle famIly homes adJacent to the proposed proJect, and that there are no assurances that this development wi]] help the City meet Its Jow-Income housing. He stated the residents are opposed and felt It Is Important that the MetropolItan Council understand the background materIal and know the ful I Impact of their decision. Mr. Rauen remInded the Council the appe] late court reversed the orlglna1 decisIon" In I Ight of changed circumstances." He encouraged the counc I ] to take a more aggressive legal stance In dealing wIth the Issue to determine what the "changed circumstances" are, as he feJ t thIs development will have a long-term Impact on this CIty. Attorney HawkIns advised the permit was ordered to be Issued In 1973. and the merits of the permit was not an Issue In the recent court case and was not open for discussion. In the most recent court order to provIde sewer to the property. the City has not appealed any further because the Minnesota Supreme Court will only hear legal Issues; the case Is not litigated agaIn. He stated the CIty has spent nearly $75,000 tryIng to support the decisIon of the Town Board, but the court has now ordered the City to provide the sewer service and the CIty doesn't have any other a]ternatlve. Mayor EIJing noted many of the Issues and concerns of the residents will be addressed In the development agreement. RoselJa Sonstebv - stated when people come In wIth a plat, they should note what Is proposed within so many feet of the plat. People should know when they buy lots that back up to a hazardous waste site. This moblJe home park was approved before any people Jived there. stating It was up to the peopJe who soJd those lots to Inform the buyers of the proposed mobile home park. Motion carried unanimously. Councllmember OrtteJ stated It Is Important that the City know the proposed schedu]lng of the proJect and what Is being proposed to provide accurate Information In the application to the MWCC and for amending the Comprehensive Plan. Bruce Hays - stated they are In the prelIminary planning and do not want to spend any more money untlJ they know they can get sewer to the property. He thought the figure was for about 221 units to be sewered; they wI J I fol]ow the CIty's ordinance. Ms. Wahl - stated they wll I be happy to cooperate. Merilla and AssocIates are designIng the proJect. They wouJd like to see this expedIted, questIoning whether the ComprehensIve Plan needs to be updated. Regular City Councl] Meeting May 2, 1989 - Minutes Page 5 (B. Hay Sewer Request, Continued) Mayor Elling noted the correspondence from the MetropoJltan Council, that the Staff has already begun the procedure, and that their engineers should work with Mr. Schrantz In providing the Information needed for the application to the MWCC. Mr. Hav - stated they are not anticipating building the park this year. They want to do a good job In planning so It ends up being something very good. Mr. Rauen - asked about the ordinances requiring pJats to go through the Planning CommIssion. Mayor EJllng noted should the application for sewer to this project be approved, the proJect wll I go through the normaJ platting process. and residents will have an opportunity for Input at the public hearings. ORDINANCE 8 AMENDMENT/VEHICLE WASH IN NEIGHBORHOOD BUSINESS Planning and Zoning Commission Chalrpeçson Becky Pease reviewed the Planning Commission's recommendation that car washes wou]d not be an appropriate use In Neighborhood Business Districts because of noise and traffic concerns. Council discussion noted there are two types of car washes -- the Jarger operations and smalJer one-bay ones. Chairperson Pease stated they did address the different types and aCknowledged the stand-alone types would be more appropriate than the larger multlvehlcle ones. Other comments of the Council where the sma I I acreage In the NB zone may make It difficult to accommodate visual barriers between the business and the neIghbors, that the trend is to cluster vehIcle-type uses in one business such as convenience store. gas, car wash, etc., and that there Is no general retail space In the city other than the shopping center where a car wash would be allowed. ChaIrperson Pease fe]t that shou]d be addressed when the Comprehensive Plan Is revised. Da]e Strassbera. 3422 136th Lane - felt a car wash with even a single bay Is not appropriate In the NB dIstrict because of the noise that many of them generate; because the Intended use of the NB Is to service Just the neighborhood area and a car wash would serve a lot more than that area, thus generating more traffic; because the property values of the surrounding homes would be adverse]y affected, feeling the Council has an obligation to protect the residents' Interests. He felt the Council should provide some area In the City for this type of use, but not adjacent to homes. Regular City Council Meeting May 2. 1989 - Minutes Page 6 (Ordinance 8 Amendment/VehIc}e Wash In NB. Continued) Lowell Waaner. Real Estate Developer - asked the CouncIl to keep In mind that residents often do not want to see any type of commercIal development next to them. ThIs Is about a specIal use In an NB area. The sale of petroleum products Is already a]lowed In the NB zone: the only Issue Is whether a car wash is or Is not an additIonal usage In that zoning. A car wash In a convenience center may have some traffic differential, but It Is not goIng to greatly affect the traffIc paterns. He asked that the Council not dIsallow It completely, but al low them to look at a sIte and have the owner come In and convince the CI ty that I t Is a viable use. With a Special Use Permit, the concerns can be addressed. Mr. Wagner stated It Is being demanded and requested by the public that the car wash service be provided. and It Is expected by much of the pub]lc. Sharon Wldmark. 3501 136th - stated she has money Invested In her home and Is against the use of a car wash next to neighborhood. especially In the area of Round Lake and Bunker Lake Boulevards. She stated she does not use car washes. She lived by one as a child, stating It Is very noIsy and It does generate a Jot of traffic. She asked the CouncIl to not accept the proposal. Jim Hanson. commercia! rea} estate broker - stated In a growing communIty such as Andover, the people operating the convenience stores today are really demanding that they get a car wash. Car washes are a very Important part of their convenience operatIon In their centers. Councllmember Orttel observed that most of the other car washes located In convenIence store centers are at Intensely high traffic areas. thInking It services considerably more than the one-mIle radius that the NB zone Is Intended to serve. MOTION by Jacobson. Seconded by Perry, that the City Council, CIty of Andover, deny a change In OrdInance 8, Section 3.02, which would add a defInItIon of vehicle wash establishments, and Section 7.03 which would allow for vehIcle wash establishments. Motion carried unanimously. Counc II agreed to leave the ordinance as It, whIch only allows car washes In ShoppIng Center. Genera} Business and Industrial DIstrIcts. It was agreed this Issue should be addressed when the Comprehensive Plan Is updated. LANDOWSKI SPECIAL USE PERMIT Mr. Blake stated Ms. Landowski has arranged for no on-street parkIng dur I ng the day. There was only one complaInt In 1987; none sInce then. The cItatIons resulted because of the on-street parking. The ordInance stated a business In a residentIal area can have no more than three totaI vehIcles parked on the property. Regular City Counci] Meeting May 2. 1989 - Minutes Page 7 (Landowski Special Use Permit. Continued) Councl]member Ortte] was reJuctant to allow any more cars to be parked In the driveway than allowed by ordinance. Laure] Landowski - stated the cars parked during the day could be limited to three If some of her employees parked at the Downtown Center and carpooled to her place to get their assignments. There are two people on a team and norma]ly one will drive and the other will park her car in her driveway during the day. MOTION by Knight. Seconded by Orttel, the Resolution as presented with the stipulation that the parking plan coincide with City regulations and City ordinances limiting It to three cars. (See Resolution R076-89) Motion carried on a 4-Yes, I-No (Jacobson) vote. BENOLKIN SPECIAL USE PERMIT/AMENDED There was some discussion on the amount of the bond. Me. Haas stated Mr. Benolkln posted a $4.000 bond with the original permit which the City Is stilI holding. James Benolkln - stated the pond was never finished when he purchased the property. The City already has $4.000 and he has had no problem with the neighbors. He didn't finish the mining of the soil within six months because of the drought last year. The Deputy told him he could not have a single-axel dump truck parked on the property. Counc II felt the truck would be allowed If It Is related to the Special Use Perml t. MOTION by Jacobson. Seconded by Knight. approval of the Amended Special Use Permit requested by James W. Beno]kln to mine soil from 16040 University Avenue NW with the one addition, Point 7. a continuation of the $4.000 bond. (See Resolution R077-89) Motion carried unanimously. MINING PERMIT/L. MORRELL Mr. Haas recommended a bond of $2,000 per acre. MOTION by Orttel, Seconded by Knight, introducing a Special Use Permit for Larry Morrell for mining at 1850 167th Avenue, with the stipulation 9, to Insert the amount of security to be determined by the City Engineer. (See Resolution R078-89) Motion carried unanimously. Regular City Council Meeting May 2, 1989 - Minutes Page 8 STRAUSS SPECIAL USE PERMIT Planning Commission Chairperson Pease reviewed the Commission's recommendation to approve a request of Michael Strauss to allow retail trade and sales. a mal] order or phone-In four-wheel drive parts business in an Industrial district. The property Is at 13650 Hanson Boulevard In the Andover Tire Town building whlch has recently been sold. Michael Strauss - stated the previous owner is removing the tires, noting most of them are already gone. Mr. Blake stated he talked with the former owner yesterday, who wanted to know about the tire shredding operation. Mr. Blake referred him to the PCA, statIng he will fol low up on the matter tomorrow. There is about one thousand tires left on the property. Part of the purchase agreement was that all the tires be removed. MOTION by Jacobson, Seconded by Perry, a Resolution approving the request of MIchael Strauss for a SpecIal Use Permit to locate a retail business In an Industrial District as required by Ordinance 8, Section 7.03 on property described as Lot 4, Block 1, Pankonin Addition. Anoka County. Minnesota, as presented. with the addition that the Special Use Permit Is Jimited to the operation of a mall-order or phone-In four-wheel drive parts business. <See Resolution R079-89) Motion carried unanimously. ANOKA COUNTY PARKS SPECIAL USE PERMIT MOTION by Knight. Seconded by Orttel, the Resolution approving the request as presented. <See Resolution R080-89, Special Use PermIt to construct a public utility use structure) Motion carrIed unanimously. HEIDELBERGER VARIANCE Planning Commission Chairperson Pease reviewed the Commission's recommendation on a spIlt decision to approve Rick and Marion Heidelberger's request for a variance to allow the completion of a non-conforming garage currently under construction at 2052 Bunker Lake Boulevard. The origlnaJ building was started 15 years ago. The two major Issues are Its non-conformity, as It Is expanding a residential use In an IndustrIal district. and the garage Is 4 feet closer to the front lot line than the house is. The buildIng is illegal and needs to be brought up to code. and Mr. Heidelberger has stated he Is willing to bring It Into complIance. Mr. Heidelberger Is also willing to pay the doubJe fees for not getting the proper permIt, and has agreed the structure wllJ probably be removed when Bunker Lake Boulevard Is widened. Mr. Blake noted the resolution specifically states the garage would be only to house their personal vehIcles. Regular City Council Meet I ng May 2, 1989 - MInutes Page 9 (Heidelberger VarIance. Continued) Rick HeidelberGer - stated the garage Is four feet closer to the road than the house. If Bunker Lake Boulevard Is widened or If a servIce road Is put through there, between Hanson Boulevard and his property eight other buildIngs will have to be removed as wel I . In the meantime. It Is a good garage. He stated he Is willIng to pay the double permit fee and Is willIng to have a structural engineer see that It has a strong enough roof load. He stated thIs garage Is not hurting the City nor would It cause any problems untlJ the servIce road is put In. The garage wi II be used strictly for personal vehicles. Counc i I dIscussIon was on the two maJor issues of non-conformance and setback. Some questIoned that because the garage was started 15 years ago but was never finished does not mean there Is a hardship Involved. which Is the criteria for granting variances. Me. Blake stated the position of the BuIlding and Planning Departments is that no hardship exists so no variances can be granted. The Planning Commission felt the hardship is because the property was altered by Mr. Heidelberger's father who started the buIlding 15 years ago. ApprovIng the variance Is IntensifyIng or allowIng a non-conforming use. Me. Blake also agreed the main Issue Is the expansion of a non- conforming use, not necesesarlly the four feet. Me. HeIdelberGer - stated the garage Is barely vlslbJe from Bunker Lake Boulevard. The walls are built Into the bank. almost lIke a basement. Only the roof can be seen from the road. The area was used as a parking area and turnaround for all these years. He has now decided to put the roof on so It can be used to house the cars. MOTION by Jacobson, Seconded by Knight, that we direct Staff to prepare a Resolution denying the variance request and have that motion before us at the next regular CouncIl meeting. DISCUSSION: Mr. Blake stated denial of the variance means Mr. Heidelberger would be required to remove the entire structure. This Issue has gone Into J it I ga t Ion bu t It Is awaIting the decisIon of the Council on this variance. Councilman Orttel stated If the motIon Is approved, he didn't feel It Is reasonable to require the complete removal of the structure. The walls have been burled In the ground for 15 years and are like retainIng walls. He felt Just the roof should have to be removed. MotIon carrIed unanlmousJy. ECHO HILL PRELIMINARY PLAT Robert Hellker - stated the county requIres 66-foot wide driveways coming onto the road; however, the driveways themselves wI}1 not be that wIde. Mr. Haas stated the houses on Lots 1 and 4 do not meet the required SOO-foot frontages and wlIJ needs variances. Variances are also needed for fIve Jots that access onto the county road. Regular City Council Meeting May 2, 1989 - Minutes Page 10 (Echo Hill Preliminary Plat, Con t i nued) Mr. Haas also noted there Is an existing pole barn and two garages which wi J J not front on the proposed street. Mr. Hellker has stated he would raise the pole barn when the road goes In. Mr. Hellker - also noted the elevation of the pond wIll be dIctated by the elevation of the county ditch, so any work on Co. Rd. 58 wi I I not adverseJy affect the drainage of the area. Mr. Haas stated there are drainage easements on the plat that follow the 100-year flood. He aJso noted there Is adequate basement elevatIons on ail lots based on the soil borings. MOTION by Orttel, Seconded by Jacobson, a Resolution approving the Preliminary Plat of Echo HilI as being developed by Robert Hellker In Section 8-32-24 with the folJowlng change: Delete the existIng Item 2 and substitute: that the pole barn on Lot 3. Block 1. Phase 2 be raised at the time of the construction of the Improvements at the time of Phase 2. (See ResolutIon R081-89) Motion carried unanimously. APPROVE PURCHASE AGREEMENT/COMMERCIAL PARK MOTION by Jacobson, Seconded by Knight. that the City Council authorize the Mayor to sign a purchase agreement with Mr. James Kuhlmey for Lot 3, Block 2, Andover Commercial Park. at the charge of $30,420, and authorJze the Mayor and Clerk to sJgn the document. Motion carried unanimously. Counc J I recessed at 9:37; reconvened at 9:45 p.m. ORDINANCE 8 AMENDMENT/EXTERIOR STORAGE OF TIRES Mr. Blake explaJned his research on what other cJtles do about exterior storage of tires, and recommended the proposed ordinance to control the accumulation of waste tires In both the Junkyard areas and the resldentJal dlstrJcts. The ordinance would not allow the exterior storage of any waste tires In the residential area and not more than 250 In the Industrial District. MOTION by Knight, Seconded by Jacobson. Introducing an Ordinance amending Ordinance e, the Zoning Ordinance for the City of Andover, regarding waste tires as presented. DISCUSSION: Mr. Blake stated waste tire would be tires that are no longer on a vehicle and not suitabJe for Its orlglna] intended purpose. Counc I] discussion on the ordinance as proposed raised these points: 1) that the definition does not cleariy state the waste tires are those no longer on a vehIcle; and 2) the ordinance appears to be contradIctory, first stating exterJor storage Is not allowed anywhere, then stating no more than 250 waste tires can be stored In Industrial DistrIcts. Regular City Council Meeting May 2, 1989 - Minutes Page 11 <Ordinance 8 Amendment/ExterIor Storage Of Tires. Continued) Councllmember Knight poInted out many businesses which sell tIres have a weekly pIckup of the used tIres. He didn't think the City should penalize those businesses. thInkIng they wouldn't have room to store those tIres Inside. He was thinking speclflcal]y of service stations, new tIre or wholesale tIre establishments. Councllmembers Jacobson and Knight WITHDREW theIr Second and Motion. After further dIscussIon In an attempt to clarIfy the wording and make the ordinance more workable, the Counc II asked the Attorney to rewrite It for CouncIl action at the next meetIng. It was generally agreed the ordInance should read that no storage of waste tIres, InterIor or exterior. Is allowed anywhere In the City; however. In the IndustrIal DIstrIct a permItted use would be storage of up to 250 tIres provided they are within an enclosed structure. In all other dIstrIcts. no more than 50 tires can be stored Inside, and only those that are related to the business or personal use. This Item was carried to the next regular meeting. RENAME VERDIN STREET Counc I I agreed to continue thIs Item to the next meeting to al low the Staff and Mayor Elling to discuss this further with the City of Coon Rapids. COMPREHENSIVE PLAN PROCESS Mr. Blake reviewed his proposed summary of the process of updatIng the CIty's ComprehensIve Plan. ThIs Involves a total reworking of the plan; and the request of Mr. Hay for sewer servIce from the Coon RapIds Interceptor will be done In conJunction wIth thIs update. He stated he has begun the request for proposals for a consulting firm to assIst the City In completing the plan update. Mayor EIII n9 suggested the entire Council be Involved In the seJectlon process of the consulting fIrm. Some concerns were raised about the update. especially not wantIng a broiler plate of some other city. There was some dIscussion about usIng the money to hire a student to do the update under Mr. Blake's directIon. Mr. Blake didn't feel he had the capabilities of doing that, nor would a student. Mr. Blake was asked to brIng back the request for proposals at the next reguJar meeting. Regular City Council Meeting May 2, 1989 - Minutes Page 12 JOINT POWER AGREEMENT/SIGNALS/ROUND LAKE BOULEVARD Mr. KooJlch reviewed his May 1 memorandum that there Is a balance of $230.255.67 In the MSA fund as of December 31, 1988. The only proJect which has committed those funds Is $113,000 for the bridge on Crosstown: however, the county wi I] reimburse that cost some time In the future. The audit should be complete tomorrow. after which he will have the exact balance. Council questioned the balance, asking where the money came from. The Attorney was asked to determine If some of the money Is excess proceeds from a bond Issue or earmarked for unfinished MSA projects. MOTION by Jacobson, Seconded by Orttel, that we table thIs for two weeks until the auditors can tell us exactly what Is In there so we don't make a mistake. Motion carried unanimously. ADOPT RESOLUTION/SANITARY SEWER HOOKUPS Discussion was on what took place In the past and what the ordinances now require. It was felt that in the past, hookup to the sanitary sewer was not required unless the septic system falls. It was agreed to leave that policy in place. No action was taken. CITY CLEAN-UP DAY Cindy DeRuyter, Andover's Recycling Coordinator, asked for comments on havIng a City clean-up day, suggesting that take place on July 15. She stated she Is stilI workIng out the details with the garbage hauJers. Ramsey's cJean-up day Jast year cost their cIty $58,000; Jast Saturday Lexington residents paid $6 to have their garbage pIcked up on their cJean-up day. The Council agreed to the concept of a clean-up day, but there are no excess funds In the budget. It was felt the promotion can be paid for by the City. but the residents would have to pay for the actual additional cost of hauling. Dean Warden. Ace SoJld Waste Manaoement - recommended the day be set prior to JuJy 1 because at that time the disposal fees are going to double. MOTION by OrtteJ. Seconded by Knight, that we set June 24 as a target date for having the CIty cJean-up day. DISCUSSION: Jack McKelvev - felt July Is a bad time because of vacations, etc. If It were done while the children were still In school, the project can be advertised through the schoOlS, plus many children would be willing to help clean up. Mr. Warden - stated they have charged for the extra Items In the past and wlJI have to do that here as well. Motion carried unanimously. Regular CIty CouncIl Meeting May 2. 1989 - Minutes Page 13 CURBSIDE RECYCLING Dean Warden. Ace Solid Waste ManaGement - wants to Implement a recycling program In Andover. The Intent would be to have the resIdents put their newspapers In a grocery bag and put I t In the contaIner. They would keep the newspaper separate and pick them up. The Counc I I generally was In favor of Mr. Warden's suggestion. offering to make the residents aware of the program through the newsletter and cable TV. Also. the Issue of recycling will be discussed In greater detail at a special meeting on May 18. It was agreed to ask the haulers servIcing the City for their input at that meeting as well. No actIon further was taken at this time. STEVE KUNDE/OAK WILT Ray Sowada. Andover's Tree Inspector. asked the Council to consider Implementing a Diseased Tree Program In the City to protect the trees, particularly from constructIon damage, and to clean up the exIstIng dIseased trees. He Introduced Steve Kunde who runs a consultIng forestry firm dealIng with municipal shade tree programs. Mr. Kunde briefly outlined the services he has provIded other cIties with regard to theIr forestry programs. In workIng with Mr. Sowada, he fee}s the city Is at a stage where It needs a long-term plan for a forestry program. It also needs a plan to deal with the Immediate problems of oak wilt and the pine bark beatle. He outlined some of the areas that would be Impacted by such a program and pointed out some of ways they have successfully stopped the spread of oak wilt. The Council was Interested In establIshing such a program but felt it could not be done at thIs tIme because of lack of funding. They recommended Mr. Sowada make a recommendation at the tIme the 1990 budget Is beIng consIdered. Mr. Kunde was also asked to submit a written proposal as to what services he would provide and costs Involved. RED OAKS MANOR FINAL PLAT APPROVAL MOTION by KnIght. Seconded by Perry. the Resolution approving the final plat of Red Oaks Manor 6th AdditIon as being developed by Norm Holm and Art RaudIo In SectIon 34-32-24 as presented. (See Reso I uti on R082-89) Motion carried unanimously. Regular City Council Meeting May 2, 1989 - Minutes Page 14 AWARD BID/89-4/RED OAKS 6TH Mr. Rodeberg asked for a resolution accepting bids and awarding contract to the low bidder of W. B. MIIJer, Inc., for $125,421.40 for the improvement of ProJect No. 89-4, Red Oaks Manor 6th Addition. MOTION by Knight, Seconded by Jacobson, to so move. (See Resolution R083-89) Motion carried unanimously. AWARD BID/88-1/CROSSTOWN BRIDGE Mr. Rodeberg explained the original estimate for the bridge was $100,000. The county asked to widen It. which increased the estimate to $111,000. The low bid Is for $113,807.76 by Atlas Foundation. The county will reimburse the city for this cost as per the Joint powers agreement; however, i t is not known when those funds will be received. Councllmember Orttel was frustrated with the position the City is In of having to fund this road up front with no time tabie or guarantees that it will be repaid by the county. Mayor Elling stated the City should receive payment on the portion between 140th and the creek very soon; however, there Is no scheduJe of payment for the remainder of Crosstown Boulevard. Mayor Elling stated he would talk with Commissioner Haas-Steffen about the reimbursement and a time schedule. Mr. Schrantz stated the surcharge will be taken off the road between 139th and Bunker Lake Boulevard within the next two weeks. The next step will be the construction of the bridge. MOTION by Knight. Seconded by Jacobson, a Resolution accepting bids and awarding contract for the improvement of ProJect No. 88-1 for bridge construction in the area of relocated Crosstown Boulevard to the low bidder of Atlas Foundation. (See Resolution R084-89) MotIon carried on a 3-Yes, 2-No (KnIght. Orttel) vote. Councllmember Knight stated he voted no because he would Jlke to walt until someone from the county addresses the Issue of their reimbursement to the City. RECEIVE PETITION/SMITH'S GREEN ACRES Mr. Rodeberg stated It would cost about $100 to $150 to do a feaslblJity study for storm sewer in Smith's Green Acres. MOTION by Jacobson, Seconded by Knight, a Resolution decJaring adequacy of petition and ordering preparation of a feasibility report for the Improvement of storm sewer. ProJect No. 89-14, In the Smith's Green Acres area. as presented. (See Resolution R085-89) Motion carried unanlmousJy. Regu1ar City Council Meeting May 2, 1989 - Minutes Page 15 MAYOR'S REPORT Mayor Elling recommended If no one vo1unteers to serve on the CabJe Commission by this Friday. the position should be advertised again. Mayor Elling recommended the day of May 25, 7 o'clock. for a Town Meeting at the Andover Schoo]. The Councl] agreed. The Mayor asked that the union contract be discussed as soon as possible. After discussion. the Council agreed to discuss it at the special meeting on May 18. They also asked that Cy Smyth. the City's negotiator, be present. Mayor Elling also noted Mr. Koollch may want to make recommendations regarding some changes and proposa]s at City Hajj, hoping a work schedule can be set for that. No action was taken at this time. Mayor Elling asked that the Crosstown storm sewer Issue be placed on the next agenda so It can be resolved. Council also asked that the Disaster Plan be placed on the next agenda. Mayor EJllng asked Staff to have the extra street light removed that was pJaced on on Bunker Lake BouJevard at Crooked Lake School when the street lights were Installed. He stated there is no need for the light, and the City should not have to pay for that usage. OLSON PROPERTY/PONDING Mayor EI ling stated Wayne Olson has told him he did not agree with the Minutes regarding Outlot A on his proposed plat on 133rd and Hanson Boulevard. The Minutes state the Council agreed to take the area as an outlot with drainage rights, to be deeded to the City at the time of the flna] pJat. Mr. Olson Is stating that Is not what he agreed to. Mayor EIJlng asked the CounclJ If the City Is going to buy the property as a reglona1 pond. He feJt the City should be paying for regional ponding areas. After discussion, the consensus was this Is a natura! drainage area and the City should Just take a drainage easement over It at this time as a part of the platting process. Discussion was then on the proposed MSA road, 133rd. through the plat. Mr. Schrantz stated the developers around 133rd east of this area -- Good Value Homes and Stanton -- agreed to pay for the road even though I t Is MSA because they needed It as part of their plats and petitioned for it. He asked whether 133rd will be assessed through this plat from Jay Street to Hanson Boulevard. even though the City's policy is not to assess on MSA roads. Council generally agreed to follow the existing policy and not assess for 133rd from Jay Street to Hanson Boulevard If the right of way Is dedicated. Regular City CounciJ Meeting May 2. 1989 - Minutes Page 16 BUNKER LAKE BOULEVARD FRONTAGE ROAD Counc II agreed to discuss the feasibility report and assessments for the frontage road along Bunker Lake Boulevard at the next meeting on May 16. APPROVAL OF CLAIMS MOTION by Perry. Seconded by Orttel, recommend approval of expenditures of Check Numbers 16453 through 16527 In the amount of $196,788.06. Motion carried unanimously. MOTION by Ortte] to adjourn. Motion carrIed unanimously. Meeting adJourned at 12:08 a.m. Respectfully submItted, \~' '~~ .~~ U .,.( Marc la A. Peach - Record g Secretary