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HomeMy WebLinkAboutCC September 19, 1989 CA CITY of ANDOVER Regular City Council Meeting-September 19, 1989 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. North Anoka County Arena Committee Presentation 2. Crosstown Boulevard Storm Drain, Cont. 3. Kirby Estates Park Dedication, Cont. 4. Kirby Estates Pond Acquisition 5. Tax Increment Financing Funds Staff, Committee, Commission 6. 7. Office Paper Recycling Contract 8 . CDBG Grants 9. Amended Recycling Budget 10. Waste Oil Containers 11. Authorize Lot Sale/Nordeen's Addn./HRA 12. Use of Senior Citizen Center Non-Discussion Items 13. Accept Feasibility ReportjWandersee Addition 14. MnDOT Agency Agreement Approval 15. Schedule Special Meeting w/Attorney re: Bonding 16. Release Escrow/Indian Meadows 3rd Addition Approval of Claims Adjournment " (~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - SEPTEMBER 19, 1989 -. MINUTES The Regular BI-Monthly Meeting of the Andover City CouncIl was called to order by Mayor Jim Elling on September 19, 1989, 7:30 p.m., at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembers present: Jacobson, Knight (arrived at 8:50 p.m.), Orttel, Perry Councllmembers absent: None Also present: City Attorney, William G. Hawk I ns; TKDA Engineer, John Rodeberg; Assistant City EngIneer, Todd Haas; City Finance Director, Howard Koollck; City Administrator, James Schrantz; and others RESIDENT FORUM Rosella Sonstebv. 4151 141st Avenue - sent Mr. Schrantz a certified letter on August 17 referencing the payment of Anoka County's share of costs for storm sewer ProJect 86-19. She also enclosed two letters addressed to herself and Mr. Schrantz from the County where they had agreed to pay $9,000 on CoRd 116. The County sent a check for $9,300, which she claimed was not taken off the assessment for that proJect. Also, the two City parks and City streets were not assessed. Yet she read the MInutes of IP 88-1 Public Hearing along Crosstown Boulevard held on August 16, 1988, where abutting property owners were not to be assessed, only the CIty property. She also noted State Statute 439.19 calls for al I property to be assessed the same, Including public property. Ms. Sonsteby alleged that was not done In her area but was done on the Crosstown proJect. She asked Mr. Schrantz what happened to the $9,300 Anoka County paid for the storm drainage proJect in her area. , Mr. Schrantz stated the $9,300 was a part of all the calculations of the assessments. The $9,300 was taken off the total cost. Ms. Sonstebv - stated the $9,300 was paid to the City, asking what is being done with It. Mayor Elling understood It was used to lower the cost of the assessment. Mr. Sonstebv - stated it was not and that she can prove it, as they were assessed for the full amount of the proJect. Not only that, she alleged she was assessed for eight acres that was not even tributary to the Dehn's Pond area. Mayor Elling suggested she sit down with the Staff and himself regarding this Issue to determine Just what took place. Attorney Hawkins stated he has written to Ms. SonstebY supporting Mr. Schrantz's comments this evening. Regular City Council Meeting September 19, 1989 - Minutes Page 2 AGENDA APPROVAL Mayor Elling asked to add Item 17, Mayor's Report, to the Agenda. MOTION by Jacobson, Seconded by Orttel, approve the Agenda as amended. Motion carrIed on a 4-Yes, 1-Absent <Knight) vote. APPROVAL OF MINUTES MOTION by Orttel, Seconded by Jacobson, approval of the September 5 Minutes as written. Motion carried on a 4-Yes, l-Absent (Knight) vote. NORTH ANOKA COUNTY ARENA COMMITTEE PRESENTATION DouD Pettv and Bruce Blancheat. North Anoka Countv Arena Committee - asked the CIty to support the construction of an Ice arena on HIghway 65 north of Hunter's Inn In East Bethel. It Is located In the center of the county and will be used for hockey and Indoor soccer. The county has about $200,000 In funds that were orIginally given to Coon Rapids for street constructIon which will be returned to the county. The county has asked them to get an agreement from the cities to grant those funds to the North Anoka Arena facIlity and that the cities will not ask for slmlllar fundIng In the future. They provided a map Indicating the location of the arena and a sample letter to be sent to the county. The Cities of Ham Lake, Linwood and Oak Grove have already signed a letter of support. CouncIl discussion noted a ResolutIon was passed a year or so ago In support of an arena In northern Anoka County. Also, the county has Indicated It no longer wishes to contribute to the constructIon of other arenas; that this would be the last one It would contribute to. The letter stated Andover would agree to this wIth the understanding that It would not seek slmlllar financial participation by the county of any other arena In the county. Mr. Pettv - explained It will be a multi-purpose facility where Ice time will be sold to all who need It. There are Andover children who would be using the facility, including the North Metro Soccer Association. They were given 3 acres in East Bethel and have purchased an additional 3 acres with money given to them by the City of East Bethel. Marc McMullen, Park Board Chairman, estImated about 300 Andover children In the lower half of the City would be Involved In the Indoor soccer program. Council basically agreed to the proposed facility but was concerned about agreeing not to seek sImIlar financial participation by the county for any future arena. Because Andover and the surrounding areas are growing rapidly, the Council foresaw a potential need for additional sports facilities in the future. Without county participation, it wIll be diffIcult to construct those facilities. Regular City Council Meet! ng September 19, 1989 - Minutes Page 3 (North Anoka County Arena Committee PresentatIon. ContInued) Counc il agreed to wrIte a letter to the county In suppor t of the arena site and Anoka County's grant for that facilIty wIthout sIgning a waiver and to resubmit the resolution supporting It. MOTION by Jacobson, Seconded by Orttel, that we authorize the Mayor to sIgn a letter to the County of Anoka Indicating our support for an arena In East Bethel and requesting that the county use funds which are available to construct that facility. Motion carried on a 4-Yes, 1-Absent <Kn I gh t ) vote. CROSSTOWN BOULEVARD STORM DRAIN. CONT INUED Mr. Rodeberg reviewed the September 15, 1989, supplemental report on the Crosstown Boulevard storm sewer proJects, IP87-3B and 88-1. The report clarified the actual costs and benefItted areas involved for the two proJects, the county's share per the original agreement and the City's share of the extra expenses not covered In the county contract and right of way along South Coon Creek Drive. The tota I cost to be assessed Is $68,520.62 or .038 cents per square foot. Mayor Elling noted the county is now obJectIng to paying for the retaInIng wall along Crosstown Boulevard. Mr. Rodeberg stated they will discuss that further wIth the county, noting that Is sti II a poInt being negotiated. Councllmember Orttel asked why ProJect 88-1 Is Included in the report, as he was of the opinion that was a closed proJect. Mr. Rodeberg stated because of the question of treating everyone the same, they Included this area as well for Informational purposes. There was CouncIl action on this proJect In the past. Councllmember Orttel felt the only reason storm drainage was needed In the southern area was because curbing was put on the road as opposed to a proJect where a development area was being drained. Another concern Is he believed some of these areas were already assessed for storm drainage along with their street proJects, noteably Shady Knoll. Mr. Rodeberg stated those areas were assessed for lateral storm sewer charges but not for the line to the outlet. There has been no assessment at all to The Oaks; they prevIously drained to Crosstown Boulevard. Councllmember Orttel stated neither he nor the residents were aware that there would be another storm sewer assessment In Shady Knoll. He worried about trying to assess those areas. Discussion was then on the retainIng wall, with Mr. Rodeberg explaIning the wall was to provide 100-year protectIon for the storm sewer because the elevation of the road was set to provide the 100-year flood outlet. He also noted the problems that would have been encountered by sloping in that area. That Is something that needs to be dIscussed with the County. Regular City Council Meeting September 19, 1989 - MInutes Page 4 <Crosstown Boulevard Storm Drain, Continued) Mayor Elling suggested setting the public hearing so there Is enough time to give Staff and consultants tIme to get all the points of disagreement settled with the county. He also asked If the Council would like John Olson from Anoka County at that hearing to answer questions on the county's position. No consensus was reached. Attorney Hawkins advised that the public hearIng should be held first; then the assessment hearing. This would apply to the southern portIon as well, since It was not assessed within six months of the original public hearing. MOTION by Jacobson, Seconded by Perry, that we hold public hearings for both of these proJects at a special meeting on October 19. 7:30 p.m. (See Resolution R157-89) MotIon carried on a 3-Yes. 1-No (Orttel) and 1-Absent <Knight) vote. Jerry Wlndschltl - thought there Is one other consIderation the Council should look at. Assuming It Is reasonable that the county should pay for at least a minimum system to handle their own water, that cost would be $94,862. Subtract that from the proJect cost of $144,044, and the most that should be assessed to the residents Is $19,1872. The Council's current proposal Is asking the residents to pay for costs that should be legItimately paid for by the county. He felt that Is not fair. Mayor Elling again felt It Is Important that the county be represented at the public hearing. Councllmember Jacobson asked for a copy of the original agreement wIth the county on this proJect. Ken Nvstrom. 2245 South Coon Creek DrIve - dIdn't have a drainage problem before the road was put In and he voted against It three times. He thought the matter was settled; but now he and several others In Shady Knoll will get assessed again but the rest will not. He asked how that can be Justified, feeling the county was goIng to pick up the rest of the costs. To complIcate the matter, there Is a new person In the house next door who feels he's paid the assessment. Also, he didn't feel the people would have approved the proJect If they had known there were going to be additional assessments. Mr. Nystrom didn't think anyone In Shady Knoll should be assessed, stating this doesn't benefit anyone In Shady Knoll. He lives on sand, stating no water runs off his yard. Dan Lizakowskl. 2355 South Coon Creek Drive - Is not affected according to the map. But he was specifIcally assessed for storm sewer as was everybody down the street, askIng how the City can now assess them again. He stated It Is not rIght and not fair. He felt that If the others are assessed now. he probably wIll be assessed In the future; and he wanted to stop It now. He dIdn't think the hearing should even be held. Regular CIty CouncIl Meeting September 19, 1989 - Minutes Page 5 (Crosstown Boulevard Storm Drain, Continued) Councllmember Orttel felt that the City's assessment policy may be a problem, thinking a situation such as this has never been dealt with before. He suggested that be addressed before the public hearing. He suggested the Council have a work session prior to the public hearing on these Items. Jack McKelvv - asked where the money came from for the proJect along Crosstown that the Counc II had previously decided not to assess. Mr. Schrantz explained It came out of the State Aid fund, not out of the General Fund. If this Is not assessed, It will not come out of the General Fund either but out of a State Aid fund. Mayor Elling noted the Counc il must first determine the specific number that will need to be assessed and whether the areas such as Shady Knoll and The Oaks have been assessed for storm drainage In the past. Those I terns must be determined before the public hearing. Rosella Sonstebv - stated If the money Is taken from the State Aid fund, It is money taken out of the fund that could be used for something else. Councllmember Orttel stated If there Is direct benefit, then It should be assessed. But in these proJects, he was concerned about whether there Is direct benefit and whether storm drainage has already been assessed. MOTION by Orttel, Seconded by Jacobson, a work session for October 5 be limIted to only the Issue of defeasance of our bond accounts and discussion of polIcy and technIcal issues related to the public hearing on storm water on Crosstown Boulevard. Motion carried unanimously. It was agreed to begin the meeting at 7 o'clock and to Invite John Olson from Anoka County to attend. KIRBY ESTATES PARK DEDICATION. CONTINUED Mr. Schrantz noted the letter from Curtis Larson, Appraiser, regardl ng his appraisal on KIrby Estates. He provided the figures on the assessments on the comparable properties in Coon Rapids, stating the Counc II can lower the appraisal by the assessment, though he recommended against It. The new park dedication fee would then be $4,840 versus $5,520. The same scenario could then be used for Outlot A which the City will be acquIring. There was a lengthy discussion on the appraisal of the property and how It affects the park dedication and the City's purchase of Outlot A. It was felt the appraisal takes Into consIderation al I the land of Kirby's Estates, not dlstlnqulshlng between the high and low land. Jack McKelvy - stated Coon Rapids acquired a pond from hIm In the storm drainage project and paid him $3,500 for 1.1 acres. The diffet"ence Is his property was under 1.5 feet of water; whereas Kirby Estates Is quite a bIt above the water table. Regular CIty CouncIl MeetIng September 19, 1989 - Minutes Page 6 (Kirby Estates Park Dedication, Continued) Mr. Haas stated there was only 6 Inches to 1 foot of peat In the KIrby Estates pondl the rest was sand. Councllmember Orttel stated the City has an agreement with Coon Rapids for notifIcation and concurrence If the costs exceed a specIfic percentage over estImate. Andover was upset with Coon Rapids for commItting Andover to some overruns wIthout Andover's knowledge or consent. He felt payIng this cost for the pond would be a gross overrun based on theIr method of acquIring pondlng; therefore, Coon Rapids should be notIfied. Councllmember Orttel also argued that the City does not pay the same for lowland as It does for highland. <Councllmember Knight arrived at this time. 6:50 p.m.) Kav Olson. 13251 Jav Street - stated the pond has already been excavated. They took out approxImately 10.000 cubIc yards as fill for use on 133rd. She did not know they were going to take It nor did she get paid for It. Yet, she has to build up the building pads on her lots and has to pay 75 cents per cubic yard for that fIll. Plus the excavator was hauling black dIrt out of the proJect onto another proJect site out of Andover. The only thing she signed with Coon Rapids Is so her lots could access onto 133rd and a waiver of trespass to Andover. Mr. Schrantz stated he talked wIth Coon Rapids about the dirt In that they would have to deal with the Olson's because the City did not yet own the property. Councilmember Orttel noted there Is now another Issue of the pond being worth less now that the dirt is removed If the Olsons are paid for It; or the City pays for both the pond and the dIrt. Mr. Schrantz noted the appraisal was made before the dirt was removed. He suggested the CIty buy the pond wIth the dirt and then be compensated for the dirt that was removed. MOTION by Jacobson, Seconded by Perry. that the prIce of $4.840 be set for the park dedIcation fee (for Kirby Estates). Motion carried unanimously. KIRBY ESTATES POND ACQUISITION MOTION by Orttel, Seconded by Jacobson, that the Council authorize the City Attorney and CIty Staff to begIn negotiatIons wIth the owners of Kirby Estates for the acqulstlon of Outlot A consIstIng of approximately 2.35 acres for the price as recommended by the CIty appraiser, which Is $19,0351 and that In that purchase that It would include the rights to any fill that has been previously removed from the property be assIgned to the City. Motion carried unanimously. Regular City Council Meeting September 19, 1989 - Minutes Page 7 (KIrby Estates Pond Acquisition, Continued) Hubert Smith - said they took the dirt out of his pond too; so when the City buys his property, he wants to be treated the same way. Mr. Schrantz explained that whether or not the fIll must be paid for depends on the specifications of the proJect. CouncIl felt It may be a legal question, suggesting Mr. Hawkins look Into the matter. TAX INCREMENT FINANCING FUNDS Mr. Koollck explained the CIty Attorney contacted Mary Molzahn of Casserly Molzahn and AssocIates to complete a tracking system for the TIF districts as directed by the City Council. Mary Molzahn - stated the bottom lIne Is that all the districts are In good shape. Attorney Hawkins explained that the monies received from the sale of the lots are not Included In the TIF Fund which wi I] be available to redeem the bonds In 1990. So there should not be shortfall In 1990 as shown In the report. He also noted the options available to the Council In 1990 to paying off the $650,000 of temporary bonds, which the Council can consider next year. Ms. Molzahn - also noted the rate of interest Is very conservative based on a passbook savIngs. Some of the conservative proJections are to protect themselves against changes made by the LegIslature. She also stated that the projectIons made when the TIF was set up have been very close. MOTION by Jacobson, Seconded by Orttel, to accept the report. MotIon carried unanimously. OFFICE PAPER RECYCLING CONTRACT Cindy DeRuyter, Recycling Coorldnator, reviewed the proposed contract with GoodwIll, Inc., for an office paper recycling program. Council suggested that because of the cost and relatively low volume, the contract be set up for every other month. Ms. DeRuyter stated she Is also working on a grant for offIce paper recyclIng which would encompass the Andover School as well. Attorney Hawkins recommended changIng the date of the contract to the current date. MOTION by Jacobson, Seconded by Orttel, approve the contract wIth the change that it be picked up every other month Instead of each month; and authorize the Mayor and Clerk to sign the contract. Motion carried unanImously. Regular City Council Meeting September 19, 1989 - Minutes Page 8 CDBG GRANT ANALYSIS MOTION by Orttel, Seconded by Knight, that the CouncIl allocate their CDBG funds as follows: $3,300 to Anoka County CommunIty Action Program and $2,500 to Alexandra House for a total of $5.500, with the balance of our allocation to the Neighborhood RevItalIzation Program. Motion carried unanimously. AMEND RECYCLING BUDGET Ms. DeRuyter explained the check to Johnson Sanitation was for removal of the large Items from the Recylclng Day last June. It Is an In-out item as residents paid to drop off those items. It has no effect on the proposed revision before the Council. Mr. Koollck understood all the recycling costs have been county funded, yet he cannot fInd any recognition of receiving any county funding In the budget. It Is an In-out whIch has no effect on the bUdget. If CouncIl approves these changes. he will come back in October with a retroactive budget recognizing the expenditures and revenues for recycling for the first half of the year. Ms. DeRuyter explaIned the 1989-1990 Capital Program Summary and the Capital Program Funds AvaIlable Is alreadY included In the 1990 budget. MOTION by Orttel, Seconded by Jacobson, that the Council approve the General RevIsed Recycling Budget for 1989, excluding the 1989-1990 CapItal Program Summary. DISCUSSION: Councllmember Orttel stated the approval assumes the extensIon of Ms. DeRuyter's posItIon until the end of 1989. CouncIl agreed to send the Item of this posItion to the Personnel CommIttee for a recommendation for after December 31. Ms. DeRuyter also explained the payment for maintenance of the paper drop-off site at BIll's Superette would come directly from the county; no CIty funds would be expended. Mayor Elling felt there may be a problem with that If the AthletIc AssociatIon begins making money again off the paper. Ms. DeRuyter felt It can be changed If they would start getting paId for paper. Motion carried unanimously. WASTE OIL CONTAINERS Ms. DeRuyter noted the County has asked Andover to partIcipate In a grant program for an above-ground storage tank for used waste 011. It would be a 560-gallon tank. Frank Stone, Public Works Director, stated he had no problem with the proposal, thinking It could be located behind the cold storage building. No additional liabilIty Insurance Is needed. He understands the county will set It up. Regular City CouncIl Meeting September 19. 1989 - Minutes Page 9 (Waste 011 ContaIners. Continued) MOTION by Knight, Seconded by Jacobson, that we choose to particIpate In this. MotIon carried unanimously. USE OF SENIOR CITIZEN CENTER MarIan Heldelberqer - stated when the Senior CItizens Center first started, she was told the SenIors were Included In the budget. They never know where they stand every year as to whether there Is any budget for the Seniors or how much it is. At first the City gave them $500 whIch they 5pent on dishes, card tables, a step stool, etc.; and the question now is who owns those Items. Attorney Hawkln5 advIsed that the City purchased the items for the Seniors' use but It is stll] the City's property. Ms. Heldelberqer - has heard rumors that the City will be takIng over the Senior CItIzens Center, and they are concerned about that. Counc II assured the Senior Citizens present that there has been no proposal for the CIty to use the Center, nor has the CouncIl ever suggested It. Ms. Heidelberqer - talked wIth JoAnn WrIght at the county thIs afternoon. According to the grant, the Senior Citizens are supposed to do the schedulIng of the use of the Center. Ms. Wright also saId It would be okay for the Lions Club and Topps Club to use the Center since they are nonprofit groups. The Lions Club has done a lot for the Senior Citizens and they would lIke to continue letting them use the Center. But to date the Senior Citizens have had no say as to who uses the Center and have never been consulted about It. Counc II discussion was agreement that It Is the responsibIlity of the Senior Citizens to schedule the use of the Center to low and moderate Income groups; however, It may be more advantageous to delegate that responslbllty and contInue the schedulIng through the City Hall. After further discussion, It was agreed those wanting to use the Senior CItizens Center would stilI contact the City Hall. The Staff will tentatively schedule the group. The Senior CItizens also agreed to meet and approve a list of groups that could be scheduled to use the Center without any further approval. The SenIor Citizens were also concerned about the City Budget for the Center as they have personally purchased many Items for It. Counc II recommended that the Staff contact the Senior CItizens at the time of the budget each year, with the SenIor Citizens In turn sUbmItting a list of Items proposed for the following year. Regular City CouncIl Meeting September 19, 1989 - Minutes Page 10 (Use of Senior Citizen ~enter, Continued) MOTION by Jacobson, Seconded by Knight, that with the concurrence of the the Senior CitIzens In Andover that the City Council request that the Senior Citizens allow the CIty Clerk to continue the schedulIng of the Senior Citizen Center, and that the SenIor Citizens get together and provide the City Clerk with a list of organIzations they would wish to use the facility and prioritize those groups so the scheduling can be completed on a timely basis. Motion carried unanimously. MOTION by Knight, Seconded by Perry, that the City Finance Director contact the officers of the Senior CitIzens group once a year prior to budget time to get from them their budgetary requests for that year. Motion carried unanimously. Ms. Heldelberaer - requested a report on Just what the CI ty spends on the Center for heat, telephone, etc. She also asked If she can come back to the Council If they have any other problems. They were also concerned about the City holding electIons In the Senior CitIzens Center as It cannot be used for any government or church function. Mayor EllIng noted electIons will be held In the back of the Counc II chambers this year. Counc I I encouraged the Senior Citizens to come back If there are additIonal concerns. Another suggestion is the Seniors may want to consider adopting a written policy regarding a damage deposit for the use of the Center. The meeting was recessed to hold an HRA meeting. 10:03 p.m. Reconvened at 10:04 p.m. ACCEPT FEASIBILITY REPORT/WANDERSEE ADDITION Mr. Rodeberg reviewed the feasibIlity report for Wandersee Addition, noting at this time It Is not feasible to extend municipal water to the proposed subdivision. Phase I of the plat could be constructed to serve the four lots on Undercllft Street by constructing a temporary cuI de sac with only sanitary sewer service provided. The property owners would have to construct wells now with the understanding that municIpal water wIll be constructed when Phase II Is constructed to Round Lake Boulevard. Mr. Rodeberg noted the breakdown of estimated costs of the proJect, proJecting assessments agaInst the four lots of about $6,000. Water would not be assessed at this time. The Andover Review Committee was concerned about access to and the length of the proposed cuI de sac. Councllmember Orttel suggested taking a larger easement for the temporary cui de sac to making It easIer for the Public Works Department to turn equipment around. The extra easement would revert back to the property owner when the road Is extended. Mayor Elling agreed but felt It should be a bituminous cuI de sac. Regular City Council Meeting September 19, 1989 - Minutes Page 11 (Accept Feasibility Report/Wandersee Addition, Continued) MOTION by Knight, Seconded by Orttel, the Resolution as presented, deleting "watermaln" and "storm drain". <See Resolution R158-89, a Resolution accepting feasibIlity study, waiving publIc hearIng, ordering Improvement and dIrecting preparation of plans and specifications for the Improvement of ProJect 89-22 for sanitary sewer and streets with concrete curb and gutter In Wandersee Addition) Motion carried on a 4-Yes, l-Abstaln (Jacobson) vote. MnDOT AGENCY AGREEMENT APPROVAL MOTION by Orttel, Seconded by Perry, that the Council approve the Minnesota Department of Transportation Agency Agreement as presented, and authorize the Mayor and Clerk to sIgn It. Motion carrIed on a 4-Yes, 1-No (Jacobson as he was very concerned about all the statements relating to what the City "shall" do) vote. RELEASE ESCROW/INDIAN MEADOWS 3RD ADDITION MOTION by Knight, Seconded by Orttel, to so move. < See Resol uti on R159-89, a Resolution approving the final grading and street construction of IndIan Meadows 3rd AddItion as beIng developed by New Generation Homes In Section 19-23-24) DISCUSSION: Mr. Haas recommended the release, noting the grade meets the specifications per their engineer. Counc II asked for a written letter from their engineer that It does meet the specifications. Motion carrIed unanImously. MAYOR'S REPORT SCHEDULE WORK SESSION TO DISCUSS ASSESSMENT MANUAL - CouncIl generally dId not wish to schedule another specIal meeting at this time, noting that area relating to storm drainage will be discussed on October 5. It was agreed to discuss this on October 5 If there Is time. No further actIon was taken at this time. PUBLIC HEARING FOR PROPOSED 1990 BUDGET - Mayor Elling suggested the hearing be held on October 25, 7:30 p.m., with an alternate date set for November 1, 7:30 p.m. MOTION by Perry, Seconded by Knight, to so move. Motion carried unanimously. ECONOMIC DEVELOPMENT COMMITTEE MEETING - Councllmember Knight reported the Economic Deveiopment Committee would like to meet with the Council on October 26. Regular City Council Meeting September 19, 1989 - Minutes Page 12 <Mayor's Report, Continued) NAVAJO STREET PAVING PROJECT - Mayor Elling noted receipt of a legal petition from residents from 173rd along NavaJo Street north. Counc II noted the petition states the assessment against Lot 9 be deferred, and at this time there Is no assessment policy to deal wIth that proposal. The petition also states they would not accept a cost In excess of $4,000, and the estimated cost for Just that portion of the street Is about $5,000 per lot. And the petition asks to be considered an extension of the 173rd proJect, Council noting that Is legally not possible at thIs poInt. Because the proJect cannot be done this year, the Counc I I geneC'all y agreed not to do anything further with the petItion until some pOlicy Is set regarding deferred assessments. It was also felt that the Staff would be able to determine the cost for paving that portion of Navajo north based on the estimates made In the feasibility study. No further action was taken. HILLS OF BUNKER LAKE ASSESSMENTS - Mayor Elling reported the Staff forgot to send out the statements for the assessments due on April 15. The result Is the September 15 bill for the Hills of Bunker Lake was doubled, and they owe about $150,000 for the whole year 1989. The Mayor stated he talked with Jerry Green, the developer, who has asked to be able to pay a portion of the bill now and the remainder on April 15, 1990. to balance out the payment. Attorney Hawkins stated the bond payments were due In August, so any any deferment should have no effect on meeting the bond payments. Counc i I also noted that on next April another payment Is due for the first half of 1990, which means a double payment would be due then. Jerry Wlndschltl. Kenslnoton Estates - saId the people thought It would be done the way Coon Rapids does It where all of the assessments plus Interest are paid at the tIme the lot is paid off. This was the first billing, and the biggest difficulty is no one was expecting such a large assessment. They are Just asking for an adjustment at thIs time because of the mistake. He also noted the interest I s bill ed in advance, so there would be no need to caculate Interest for 1989. MOTION by Jacobson, Seconded by Perry, that the City Council amend the Development Contracts between the CIty and corporatIons called Hills of Bunker Lake and Kensington Estates, to change the assesments which were due and payable on September 15, to allow one-half payment of those assessments on that day and the remainder to be paid on December 15 of this year. The reason for this change Is because the City was late In sendIng out the bIlls for these two projects: and to require the assessment to be paId In full by the 15th of September, the Counc I I finds would be a hardship. And for that reason the City Counc I 1 grants that extension for one time only, contingent upon the developers agreeIng to that extension. Motion carried unanimously. Regular City Council Meeting September 19, 1989 - Minutes Page 13 <Mayor's Report, Continued) HILLS OF BUNKER LAKE STREET LIGHTING BILLS - Mayor Elling stated The Hills Is also concerned about the street lIghting bills for that development as In some cases they are getting bills for lots they sold two years ago. The problem Is the City Is not always made aware of when a lot Is sold. In the future Mr. Green has agreed to supply the CIty with a copy of the contract whenever a lot Is sold so the billing can be corrected. Mayor Elling stated they also talked about waiving the penalty on the street lIghting bills to those lots that were sold by The Hills several years ago, as the current owners will be receIving those bills for the first time. Mr. Koollck stated The Hills has made partial payment for those lots they have no problem with. The late pentalty is 10 percent. Other developers are In the same sItuatIon. Mayor Elling also suggested that a flyer be sent with the bills to the developers so they understand theIr responsibility of keeping the CIty up to date on lot ownership. MOTION by Orttel, Seconded by Perry, that no light bills that are for the first time sent to the rightful owner of the property Include any late fee. Motion carrIed on a 4-Yes, 1-Abstaln (Jacobson) vote. STRAY BULLETS/HILLS OF BUNKER LAKE SUBDIVISION - Mayor EllIng stated he received another call on Wednesday about a bullet found In a house in The Hills of Bunker Lake. This Is the thIrd IncIdent. The neighbors are very upset. He Is a member of the MInneapolis Rifle Club, and he has asked that they voluntarily close down theIr range. He also contacted County Commissioner Natalie Haas-Steffen If they would consider relocating the Anoka County firing range. He belIeves the stray bullets are coming from the Anoka County range. The CrIme Lab Is Investigating the Incidents, but he has not yet seen a report. He read a prepared resolution asking the county to refrain from using their rifle range In Andover. Council discussed the situation, debated whether the stray bullets are Indeed coming from the rIfle ranges, and noted the problem of the many different groups usIng the county rifle range. Jack McKelvy - noted an example at the indoor Minneapolis Police range, and there are bullets up on the ceiling because of carelessness. He thought It could be possible that the bullets are coming from the rifle range from accidental dIscharge up In the air. And that proJectory will carry the bullet much farther. MOTION by Perry, Seconded by KnIght, the Resolution, changing It to ask that they temporarily discontinue use of the rifle range in Andover until such time as a complete investigation has been made and the results brought to the Andover Council. (See Resolution R160-89) Motion carried unanimously. Regular City Council Meeting September 19, 1989 - Minutes Page 14 (Mayor's Report, ContInued) Mayor Elling asked that the Hunting Ordinance be amended to ban hunting from the southeastern portion of the City. Several others thought the area south of Andover Boulevard Is already In the No Hunting zone. The Staff was asked to research that further. MINNESOTA GOVERNOR'S FINANCE OFFICERS CONFERENCE - Mayor EllIng noted the letter from Mr. Koollck to attend that conference. MOTION by Orttel, Seconded by Knight, to so move at a cost not to exceed $347. Motion carried unanimously. ADDRESS ON NIGHTENGALE STREET - Mayor Elling explained that a newly built house off of Nightengale was given an address off 153rd by the building inspector. The house faces north but the access Is off Nightengale. The residents are disturbed and are concerned about emergency vehicles not being able to find It; but they are willing to change the address to 153rd when that street goes through. Mr. Blake stated the BuIlding Official has already changed that address to Nightengale. Council asked that the residents be formally notified of the change. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Knight, Checks 17258 through 17327 In the amount of $421,694.50. Motion carried unanimously. MOTION by Knight to adJourn. Motion carried unanimously. Meeting adJourned at 11:21 p.m. Respectfully submitted, ~~~~L Marc A. Peach Recording Secretary