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HomeMy WebLinkAboutCC July 3, 1990 ~ CITY of ANDOVER Regular city Council Meeting-July 3, 1990 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Special Use Permit/po Blake 2. Special Use permit/Blue Line Collision 3. Special Use Permit/Continental Development 4. VariancejWoodland Development 5. Variance/Lyle Dunn 6 . Park Dedication Fees/Lot splits staff, Committee, Commission 7 . Carpet Replacement, Cont. 8. Award Bid/Backhoe Loader 9 . Approve 1990 CDBG Subgrantee Agreement 10. Commercial Park Lot Purchases 11. CDBG Grant Analysis 12. Approve Election Judges 13. Authorization/Contract Ditch Mowing 14. Resignation/Planning Commission Member Non-Discussion Items 15. Receive 1989 Audit Report 16. Award Bid/90-2/164th & Jonquil 17. Receive Feasibility Report/90-14/176th & Blackfoot 18. Approve Plans & Specs/90-12 19. Approve plans & Specs/90-13 20. Release Grading Escrow/Red Oaks Manor 6th Approval of Claims iCA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - JULY 3, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover City CounciI was call ed to order by Mayor Jim Elling on July 3, 1990; 7:$0 p.m., at the Andover City HaJI, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembers present: Jacobson. Kn I gh t , Orttel, Perry Councilmembers absent: None Also present: City Attorney. William G. Hawkins; City Finance Director, Howard Koollck: City Assistant Engineer, Todd Haas; Ci ty Administrator/Engineer, James Schrantz: and others RESIDENT FORUM Bob DilIon - stated at the last meeting he asked for a Interpreta- tion of the regulations and was disappointed that he didn't get an answer in writing. He asked if the Attorney could give him an answer tonight. Attorney Hawkins stated he has not yet received the Constitution and By-Laws from the Fire Department, which he needs before he can give a legal opinion. Mr. Dil Ion - presented copies of what he said was the latest harassment from the Fire Department, a 3D-day suspension. He said he does not know how to respond to I t wi thout the opinion of the Attorney on his other questions regarding the Department's operation under Robert's Rules of Order. Attorney Hawkins advised that the Counc i ] is not the proper forum for the suspension, as the proper procedure Is to go through the Department's Grievance Committee as outlined in their Constitution. r1r. Di lIon - asked when he gets an answer to whether or not the gag order was legal. Attorney Hawkins stated he will get an answer to Mr. Dll Ion on his questions raised at the last meeting. After further discussion. it was agreed to add this Item to the Agenda. The Attorney was asked if he would look at the Constitution and By-Laws before this Item comes up on the Agenda. Dave Kanqas. 2622 138th Avenue NW - sent a Ietter to Councllmember Orttel regarding a problem getting a permit to build a deck off the side of his house. He was told when he built the house that when Crosstown Boulevard Is returned to the City. he would receive an addltionaI 20 feet to his lot because the size of the easement will be reduced. The easement has not been reduced. and he has been denied a permi t to build a deck off the patio doors to the side of his house because the house is 40 feet from the property line. Regu1ar City Council Meeti ng Minutes - JuJy 3, 1990 Page 2 (Resident Forum, Continued) Mr. Haas explained the issue, noting the setback from the deck would be in violation of the ordinance. He did not take this to the P & Z. It Is currently an MSA road, and he felt aJJ the right of way may be needed if the road is updated in the future. Counc i I agreed to refer the item to the P & Z for a recommendation on the width of easement needed a 1 I along that portion of OJd Crosstown Boulevard from Bunker Lake BouJevard to 138th Avenue. Steve Anderson. 174th Lane NW - received a Jetter from d'Arcy Bosell stating the fence aJong the front of his house is in the right of way and must be taken down within 10 days because of a complaint she received. The fence has been up for tive years, acknowledging it probably was In the right of way. He did remove It. but he feeJs that he should not be singled out. If he had to remove his fence, he feJt that al I trees, shrubs and fences In the easements within the City shou1d be removed as welJ, including those around City Hal I and the Fire Department which are in the easement. Ms. Bosell toJd him she didn't have time to find all such violations but that she would respond to any complaints he wants to make. Mr. Anderson went on to say his wi fe took just a few minutes to drive around their area and found 15 violations. the point being there are many. many such violations around the City. But he didn't feel I twas his responslblJity to find the vioIations and report them to Ms. Bosell. He thought either she should enforce all the ru]es, possibly trying by putting another notice in the newsletter. He said he wasn't going to let this issue die. that he wanted some action from the City. It Is the principle of the matter, expressing frustration over the entire situation and stating he will put his fence back up if some progress Isn't made in enforcing al I the ruJes. Mr. Schrantz stated he has taken the posl tion that the fencing a]ong Crosstown BouIevard on the City property is a safety issue for the soccer field. Counc i I noted that Mr. Anderson is not expected to report ð,J1 violations in the City, but it has been the policy to respond to compJaints. Mr. Anderson - stated since 174th was paved and connected, there is a lot more traffic which speeds down the road. He asked about putting up "Children PJaylng" signs to make peop]e aware of the ch I ] dren In the area. Me. Schrantz asked him to call him about it. AGENDA APPROVAL Counc I I agreed to add the fol lowing items to the Agenda: 6a. Bob Di1 Ion/Fire Department: 21. WDE Site; and 22, Schedule Work Session with Ham Lake Regarding University Avenue. MOTION by Knight. Seconded by Perry. to approve the Agenda as amended. Motion carried unanimously. Regular City Council Meeti ng Minutes - July 3, 1990 Page 3 APPROVAL OF MINUTES MOTION by Knight. Seconded by Perry, approval of the Minutes of June 5, 1990. MotIon carried on a 4-Yes, i-Present (Jacobson) vote. MOTION by Knight, Seconded by Jacobson, approval of the June 13. 1990. Minutes, wi th the correction on Page 2: MOTION by Perry. Seconded by Knight.... Motion carried on a 4-Yes, i-Present (OrtteJ) vote. MOTION by Knight, Seconded by Orttel. approval of the June 19 Regular meeting. Motion carried on a 4-Yes. 1-Present <Elling) vote. MOTION by Knight, Seconded by OrtteJ, approvaJ at the June 19 Closed Meeting. Motion carried on a 4-Yes. i-Present <EJJing) vote. SPECIAL USE PERMIT/P. BLAKE Counc i I agreed to make the fo]Jowing changes In the proposed resolution: Item 2 to read: The applicant shall provide the City with a security bond for restoration of the site as determined by the City Engineer. Item 11 to read: This Special Use Permit Is for a maximum of 38.000 cubic yards of dirt. MOTION by Knight, Seconded by Orttel, the Resolution as amended approving the Special Use Permit. (See Resolution R080-90 request by Paul Blake to mine soil from 16422 Hanson Boulevard NW) Motl on carried unanimously. SPECIAL USE PERMIT/BLUE LINE COLLISION MOTION by Jacobson, Seconded by Orttel, the ResoJution as presented. (See Resolution R081-90 granting the Special Use Permit request of Rlc Haugland dba Blue Line CoJlision Center to operate a repair garage in a General Business District on Lot 2. Block 2, Andover Commercial Park.) Motion carried unanimously. SPECIAL USE PERMIT/CONTINENTAL DEVELOPMENT Chuck Cook. Continental Development - explained the sign will be 15 feet from the right of way and will be a 4x8-foot sign. MOTION by Knight. Seconded by Orttel. the Resolution as presented. (See Resolution R082-90 granting the Special Use Permit request of Continental Development Corporation to erect a real estate sign at 14433 NW Hanson Boulevard) Motion carried unanimousJy. Regular City Council Meeting Minutes - July 3, 1990 Page 4 VARIANCE/LYLE DUNN MOTION by Jacobson, Seconded by Perry, the Resolution as presented. (See Resolution R083-90 denying the variance request of Lyle R. Dunn on Lot 4, Block 2, Red Oaks Manor Second Addition to erect an accessory structure to within 3 feet of the side yard) Motion carried unanimously. PARK DEDICATION FEES/LOT SPLITS Mayor EI ling noted the ordinance does not provide for updating the $400 figure. That figure was based on the average price per acre at raw land in the urban area of the Ci ty at today's prices. Counc I I agreed reference should be made to updating that figure by Resolution on an annual basis when all other fees are updated. Jeff Kieffer, Park and Recreation Commission Chairman, questioned whether the per-acre costs should be from the rural or urban area. Counc II felt that the bottom Jlne results in a simlliar figure. The urban area Is used because that is the maximum density allowed in the Ci ty. Councilmember Jacobson felt that the park dedication fees should be based on land vaJue as noted in the State Statute. which has been 10 percent of the land value. He also feJt the proposal will create a bookkeeping nightmare for City Staff for determining park dedication fees when lots are further subdivided in the future. He said he Is opposed to the proposal. Attorney Hawkins felt the proposed ordinance meets the State Statute requirement because It makes the $400 fee opt! ona J . Chairman Kieffer again explained the Park Board's feeling that the fees should be 10 percent of the land value with a credit for the first appraisal. The owner could have another appraisal done if he chooses, but it would be at his own expense. A majority of the Council felt the proposed ordinance is preferabJe for Jot splits and metes and bounds subdivisions. MODTION by Knight, Seconded by Orttel. the ordinance as presented. (An ordinance amending Section 9.07.10 of Ordinance No. 10 to provide for park dedication requirements for new developments) DISCUSSION: Counc i ¡ asked the Park Board to keep track of the fees collected for lot splits and metes and bounds divisions so the fees can be reviewed In the future. Attorney Hawkins stated generally the ordinance provides for periodic updating of the fees. Motion carried on a 4-¥es, i-No (Jacobson) vote. Regular City Council Meetl ng Mínutes - July 3. 1990 Page 5 BOB DILLON/FIRE DEPARTMENT Attorney Hawkíns stated he wou]d need further time to review the Fire Department's Constitution and By-Laws before answering Mr. D I I J on's questions. Counc I I asked Staff to be sure the Attorney receives all the background material he needs and asked the Attorney to respond before the next regular Council meeting. Mr. Di I Ion stated he needs the Attorney/s opinion before proceeding to the Fire Department Grievance Committee. He asked If the Attorney had the list of 10 questions noted at the last meeting. as he wouId like a response to a II of them. Neither Staff nor Mr. Hawkins had a copy of those questions. Several Councllmembers indicated they had them In the Agenda packets of the last meeting. No turther action was taken. CARPET REPLACEMENT MOTION by Orttel. Seconded by Knight. authorizing the Council to transfer funds under 41940, C i t Y Ha I 1 Building, funds 217. 223. and 402. for a total dollar cost of new carpeting in the hall area of the City HalJ of $1.246.13. Motion carried unanimously. AWARD BID/BACKHOE LOADER Frank Stone, Public Works Supervisor, recommended the deletion of Option B. The low bid is from J. I. Case Company for $38,231. He also aSked for a radio from Motorola for $921. He also stated there were no problems or concerns with the specifications written this time. MOTION by Orttel. Seconded by Knight, that the Counc i 1 authorize the purchase of a backhoe bid according to specifications to J. I. Case Company, that Option B of the bid specs will be el iminated. for a total dollar cost of $38,231. Motion carried unanimously. MOTION by Orttel, Seconded by Perry. authorize the Public Works to purchase a Motorola radio from Motorola for a dol]ar amount of $921. Motion carried unanimously. APPROVE 1990 CDBG SUB GRANTEE AGREEMENT MOTION by Jacobson. Seconded by OrtteJ, to so move. (approve Anoka County Deve]opment Block Grant Program Agreement between Anoka County and the City of Andover) Motion carried unanimously. Regular City Council Meeti ng Minutes - July 3, 1990 Page 6 COMMERCIAL PARK LOT PURCHASES The Counc II discussed three proposals for purchases In the Andover Commercial Park. ( 1 ) Larry Rasmussen. Oxboro Medical International, Inc., Is interested In purchasing Lots 3 and 4. Block 1 . to construct their medical distribution company's office warehouse. They manufacture, sel 1 and distribute their own products. sel ling to about 2.300 hospitals domestical1y and to about 13 foreign countries. He showed the type of products they sell, noting they wi II be expanding their product line by five new products this year and expect to introduce new products every year. They have sustained a growth rate of about 20 percent per year for the last eIght years and currently have 32 employees. He also stated they are not a resource user and use no pollutants of any kind. They wi II buy the land and plan to construct a 12,000 square-foot building with plans to double the size within the next two to three years. Mr. Rasmussen stated they are offering to buy the land at 50 cents per square foot. They would also like the City to contribute not more than $45,000 to $50,000 of Tax Increment Financing money for landscaping and parking around the building. Councilmember Knight stated the Economic Development Committee unanimously agreed the land should be at 65 cents per square foot, but they did not have any Information on the TIF funds being requested. They were concerned about such a large disparity between this proposal and those who are already In the Commercial Park. Counc I I discussed the proposal at length, with the generaJ consensus being that 50 cents per square foot would be acceptable and that the type of business Is very desirable. However, Councllmembers Jacobson. Kn i gh t , and Perry were apprehensive about providing TIF funds In addition to the reduction In the price of the lot because, In essence, it would be giving the lot away. Mayor Elling and Councilmember Orttel felt I t Is the type of business the City is trying to attract and it is creating additional jobs, so there should be some incentives, which Is what the TIF funds were meant to be used for. Mr. Rasmussen stated he is not prepared to raise his offer: and receiving the TIF funds, which he felt they are entitJed to, is very important to them. Taxes on the buiJding wiJ I run about $25,000 a year for the 12,000 feet, so he feJt they would just be getting back their own tax money by uSing the TIF funds. They would bring a $1 million p¿;,yroll to the City, feeJing that would be a substantial impact to the City. They do not need the TIF funds financially but feel they are entitled to it. Mr. Rasmussen stated he would not agree to an assessment for the $50.000 for landscaping and parking. With a majorIty of the Counc i I opposed to providing the TIF funds without assessing it back, no further action was taken. Regular City Council Meetl ng Minutes - July 3, 1990 Page 7 (Commercial Park Lot Purchases, Continued) (2) Richard Povlltzki stated he Is agreeabJe to the price of 65 cents a square foot for Lots 3 and 4. Block 1 . of the commercia] Park. contingent upon obtaining a liquor ]Icense for a supper/night cJub with a banquet hall. It would be a bJue-collar bar, acknow] edgi ng the nature of the business results in some police ca]ls. Counc i I discussed the land use. Counci]member Jacobson stated he was opposed to the land use and that type of business. The remaining members of the Counc I 1 general]y did not have a problem with it and were comfortable with the testimony heard previously on Mr. Povlltzki's management sklJ Is of his other buslneSSeS. MOTION by Orttel. Seconded by Perry. that the Counc I ] authorize the Attorney to prepare a purchase agreement between the City and Mr. Povljtzki of Lots 3 and 4. Block 1, In the Andover Commercia] Park for the construction of a supper club with banquet facl 1 I ties, contingent upon the obtaIning of a liquor license. Motion carried on a 4-Yes, ¡-No (Jacobson) vote. (3) Counc i I discussed the recommendation that the City offer Lots 2 and 3, Block 3, in the Commercial Park to Northwest Metal Fabricators for 65 cents a square foot plus connection charges, and that the City assess the cost of enclosing the ditch with pipe at an estimated cost of $40,000 to $56,000. Councilmember Knight stated the representatives of Northwest Metal Fabricators agreed to discuss the assessment for enclosing the ditch. They seemed agreeable, but no formal response has been received yet. Counc 1 1 was generaJJy agreeable to the recommendation but decided to take no action until a response Is received from the company regarding the assessment. VARIANCE/WOODLAND DEVELOPMENT Byron Westlund. Woodland Development on behalf of Dan Slomon. 13373 LilY Street - explained they built the garage for Mr. Sigmon two feet shorter than what was specified. The Sigmon's have a large older car which Is diff icul t to house In the garage. Woodland Development has agreed to construct a two-foot addition onto the garage to meet the terms of the purchase agreement; however. it would then encroach two feet into the front yard setback. He showed pictures of the house, pointing out that an additional two feet to the garage would not be a visible distraction to the surroundIng homes. Dan Siomon - stated he has a 1975 Chevy Capri which goes from end to end in the existing garage. They though t they had 39 feet to the trontage, originally wanting to add an additional four feet onto the garage: but because jt is measured on a cui de sac. there is only 35 feet. Regular City Council Meeting Minutes - July 3, 1990 Page 8 (Varlance/Woodland Development, Continued) Counc II discussion noted that the addi tlonal two feet to the garage would not be noticed because of the curve of the road and location of the other houses. They aJso pointed out that simlliar variances were made in the past In Instances where It was the fault of the bui lder: so a precedent has aJready been set. MOTION by Jacobson. Seconded by Perry, that the City Council approve a variance request of Wodland Development on behalf of Dan Sigmon to construct an addition of two feet onto the existing garage at 13373 NW Lily Street: variance granted due to the building company error and the correction wi I] not cause a hardship on existing houses in the area nor would it create significant problem in front-yard current setback. (See ResoJution R084-90) Motion carried unanimously. Mr. SIQffion - asked If it would be possible to add four feet instead of two feet. Counc i I felt that that would too noticeable. Counc i I recessed at 9:57: reconvened at 10:06 p.m. APPROVE ELECTION JUDGES MOTION by Perry. Seconded by Knight. a Resolution appointing judges for the special election to be held on July 17. 1990, in the CIty of Andover, as presented. (See Resolution R085-90) Motion carried unanimously. AUTHORIZATION/CONTRACT DITCH MOWING Frank Stone, Public Works Supervisor, aSked for direction In getting the roads mowed. He would take $7.000 out of the Streets and Highways budget and contract someone to mow the ditches and private properties called in as weed complaints. An alternative would be to hire some part-time help. MOTION by Orttel. Seconded by Knight. Counc II authorize an expenditure of up to $7.000 out of the Streets and Highways budget for the Public Works Director to have the ditches of the Ci ty mowed. First he should try to arrange for subcontractors; and if they are not available on a timely basis. he would then hire the necessary part-time help to accomplish this. Also, to take bids on private firms to mow private properties as a result of weed complaints In the City. Motion carried unanimously. Later In the meetl ng Mr. Stone asked if he couJd hire part-time help instead of looking for subcontractors. Counc i I generally agreed that Mr. Stone should do whatever works best for the Department. Regular City Council Meet i ng Minutes - July 3, 1990 Page 9 RESIGNATION/PLANNING COMMISSION MEMBER MOTION by Knight, Seconded by Orttel, that we accept the resignation of Don Spotts and express our appreciation to him for the work he has done. Motion carried unanimously. MOTION by Jacobson, Seconded by OrtteJ, that we appoint Mr. Steve Jonak to f ill the vacant seat created by Mr. Don Spotts. effecti ve Jul y 1 . 1990 : and have him serve the rest of that term. Motion carried unanimousJy. RECEIVE 1989 AUDIT REPORT Mr. KooJick reviewed the reasons the GeneraJ Fund sustained a loss In the 1989 budget. The Item missing is the 1989 Management Letter where the auditor sets forth recommendations on Improving the operations of the City. Hopefully that letter wi]J be received by the next meeting; but wi th the hoJiday he doubted the City cou1d respond to i t in time to get It on the next Agenda. He recommended the Council accept the report so it can be pubJished Mayor Elling recommended the CounclJ go out for bids for an auditing firm. Mr. Koolick stated he intends to come back to the Council wi th a proposal on that item. Counc i 1 asked that it be on the next Agenda. MOTION by OrtteJ. Seconded by Jacobson, that the Counc i ] receive the financial statements for the year ending December 31. 1989. Moti on carried unanimousIy. CDBG GRANT ANALYSIS Counc I I questioned the distribution of the funds, noting that Rise. Inc., which received the lowest points. is the only organization to receive Jess than It requested. Because the points for the organizations were only four points apart, Counc i J fel t some proportionate share of the grant to the amount requested should be determined. MOTION by Jacobson, Seconded by Orttel, that the Counc i ] authorize the fol lowing funds out of CDBG Funds available to It to the fol Jowlng organizations: North Suburban Kinship $2,000 North Suburban Counseling $3,500 Anoka County CAP $4.950 Alexandra House $2.000 Rise. Inc. $1,951 Total $14,401 Motion carried unanimously. Counc 1 J asked that for next year a different system be set up for determining the amount of grants to be given to each organization. Regular City Council Meeting Minutes - July 3, 1990 Page 10 AWARD BID/90-2/164TH AND JONQUIL Counc I 1 noted the bids came In about 11 percent higher than what the residents were told at the public hearing. They agreed to ask the residents if they wish to proceed with the project. MOTION by Orttel. Seconded by Jacobson. that the property owners on 164th and Jonquil be notified that the bids on their project came in approxlmate1y 11 percent higher than anticipated and therefore wi]] be heard on the July 17 meeting. Motion carried unanimouslY. RECEIVE FEASIBILITY REPORT/90-14/176TH AND BLACKFOOT MOTION by Knight, Seconded by Orttel, the Resolution receiving feasibility report and calling public hearing on improvements of street construction. Project No. 90-14. (See ResoJutlon R086-90) DISCUSSION: Mr. Schrantz noted there is a large Jot off the cui de sac that Is In the flood fringe area. It is low and unbulldable as It is, but could be made buildable with f i I ] . He asked for direction on whether or not that Jot should be assessed in the project. Attorney Hawkins stated it is an engineering question of whether i t Is economically feaslbJe to make It a buildable Jot. If so, then there would be benefit and It should be assessed. Mr. Schrantz also stated he had the engineers do a cost estimate for Part II of the project even though the petition was not from that area. Part II is included In the Resolution for the pubJic hearIng: but after giving it further thought. he suggested Part II be removed from the hearing process. A majority on Part II had been opposed to it previousJy, thinking it may be unfair to the petitioned area to Include the nonpetitioned area. After some discussion, the Counc i J suggested those residents In Part II of the project be advised they are not included in the petition, but the engineering firm has determined the costs to do that part of the road. If they are interested. they should advise the City: but i f there Is no interest indicated by those residents. that port! on of the project wi J I be deleted at the pubJic hearing on the 17th. Motion carried unanimously. APPROVE PLANS AND SPECS/90-12 and 90-13 Mayor Elling asked that the Items be tabJed because the plans and specs have not yet been reviewed. MOTION by Knight, Seconded by Jacobson. to so move. Motion carried unanimously. Regular City Council Meeting Minutes - July 3, 1990 Page 11 RELEASE GRADING ESCROW/RED OAKS MANOR 6TH Council was concerned that the letter from Lot Surveys Company is negative and the existing street grades are not the same as the grading plan submitted by the developer. They did not want to end up with drainage problems in the development. Mr. Haas stated that the developer made the corrections suggested by Staff since the letter was written by Lot Surveys. He aJso felt that some of the differences may be due to the garage floor elevations because 18 inches is allowed to a 10 percent grade. Mr. Haas suggested they couJd have the surveyor Incorporate the shots of Lot Surveys and re-evaluate them again. He said he would have the matter looked at again. Mayor Elling asked for a motion to table the item untiJ Staff reviewed it again. MOTION by Knight, Seconded by Jacobson. to so move. Motion carried unanimously. SCHEDULE WORK SESSION WITH HAM LAKE Mayor Elling noted the City of Ham Lake has aSked for a joint meeting to discuss the construction of University Avenue. He stated Ham Lake Is interested In doing the project this year and has suggested they fund It with Andover paying Its share back when the funds are available next year. Council discussed the request. asking why Ham Lake wants to do it this year and not next year as scheduJed by Andover. The acquisition of the right of way has already been approved. Mayor Elling and Mr. Schrantz stated they will discuss this and the other Items further with Ham Lake. No further action was taken. WDE SITE UPDATE Mayor EI ling reported the status of the Consent Decree. Andover is being requested to rezone the two 40s south of the landfill to GB. Currently the one to the east is already GB, but the westerly 40 is zoned R-4. He said he has someone who Is interested In developing that parcel. The PCA and EPA do not want any more residential developments up against the landfill. Secondly, Mayor E]ling stated Andover Is being asked to pass ordinances to prohibit building within 200 feet of the toe of the existing landfi] I and to providing the buffer within 500 feet. Several Councilmember questioned the need for Andover to amend or pass ordinances when all attected parties wi I I be party to the Consent Decree. Mayor Elling stated they still want an ordinance passed. I ReguJar City Council Meeting Minutes - Ju]y 3, 1990 Page 12 (WDE Site Update. Continued) Mayor Elling said the third item is Andover is being asked to prohibit drilling any new weJJs, both potable and nonpotable, shallow or deep. within 500 feet of the landfl J J. He didn't think it affected any of the homes in Red Oaks. but he said it would not appJy to rebuilt wel Js. Councilmember Orttel was opposed to this restrIction, speculating they couJd easily define the redrilllng of a weJl needed in Red Oaks as a "new" well and not aJJow it. There are a J I private wells In the Red Oaks Additions. Mayor EJ Jlng noted the fourth issue is the extension of the sewer plan for a temporary connection coming out of the treatment fad] I ty out to Crosstown Boulevard. The permanent facl]Jty would go south from the I andf J J I down to Bunker Lake Boulevard. Mayor EJling also reported the Coon Creek Watershed wlJl be get ti ng invoJved to resolve the probJem between Crosstown and Hanson Boulevards. The sludge in the bottom of the creek is contaminated. The p]an is to lower the creek about two feet, with the sludge being put on the Jandf i I] and incorporated as part of the cap. However. when the plan goes in for the treatment f ac i lit Y . it Is metered to determine standards. If the creek Is not cleaned before the pJan goes into effect. it wi J J be a minimum of five years before any EPA or PCA wi J I let them do any ditch work. It was the Mayor's opinion that some minimum work shouJd be done on the ditch to be able to carry the flow for the next five years. Councilmember Orttel didn't see a probJem with the ditch at this time. Mayor Elling showed the new grading plan, though It Is sti] I being negotiated. Councilmember Orttel expressed concern over the City giving up totaJ controJ over that area regarding permits. requiring things to be done in a workmanshlp-Jike manner. etc. He felt as long as i t is In Andover, Andover is responsJbJe for it; and he is opposed to the document as long as the City has no controJ. No specific action was taken by the Counci]. APPROVAL OF CLAIMS MOTION by Perry. Seconded by Jacobson, to approve the Schedule of BiJls of July 3 In the amount of $120.820.59. Motion carried unanimously. MOTION by Orttel to adjourn. Motion carried unanimously. Meet I ng adjourned at 11:22 p.m. Respectful ]~~ ~~ ~ £c Ma cella A. Peach, Recording Secretary