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HomeMy WebLinkAboutCC November 7, 1989 CA.: CITY of ANDOVER ..L . Reguiar ~1ty Counc1i Meet1ng - November I, l~tJY 8:01 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Roeger Special Use Permit 2. Amended Special Use Permit/Meadow Creek School 3. Lundby Lot Spli t 4. Commercial Boulevard Alignment 5. Amended CDBG Grant Agreement Staff, Committee, Commission 6. Gopher State One Call 7. Bond Defeasance 8. Recycling Report 9. Approve Licenses/Brooks Food Market 154 10. Metes & Bounds Park Dedication 11. Personnel Committee Recommendations 12. Computer Discussion 13. 1990 Auditor Engagement Letter 13a. Receive Union Contract Non-Discussion Items 14. Accept Easements/Tulip Street 15. Olesen Addition Final plat 16. Wandersee Addition Final plat 17. Award Bid/89-22/Wandersee Addition 18. Hidden Creek East 2nd Addn. Final Plat 19. Final payment/Bent Creek Estates 20. Order Assessment Hearing/87-3B, 88-1 21. 22. Approve plans & Specs/Commercial Park ponding 23. Request Speed Study/Xenia & 157th Area Approval of Claims Adjourn ---. - .~- '- rfA, CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - NOVEMBER 7, 1989 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Jim Elling on November 7, 1989; 8:02 p.m., at the Andover City Hal I, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembers present: Jacobson, Knight, Orttel, Perry Councllmembers absent: None Also present: City Attorney, William G. HawkIns; TKDA EngIneer, John Rodeberg; Planning and Zoning CommIssion Chairperson, Rebecca Pease; CIty Planner, Jay Blake; City Finance Director, Howard Koolick; City Assistant Engineer, Todd Haas; City Administrator/Engineer, James Schrantz; and others RESIDENT FORUM Kav Olson. developer of Klrbv Estates - believed the Council would like her to escrow for the grading In Kirby Estates, asking that her engineer, Ken Gust, address the Council concerning her feelings on the matter. Mr. Schrantz stated the grade Is 1 1/2 to 2 feet below the grading plan, and the City has asked for an escrow for the difference. Counc I I agreed to add it to the Agenda as Item 6a. AGENDA APPROVAL It was agreed to add the fol lowing Items to the Agenda: Item 6a, Olson Plat Grading; 13b, Date for Tax Certification, 13c, Proposed 1990 Budget; and Item 21, Crime Watch Newsletter. Mayor Elling 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 MOTION by Jacobson, Seconded by Knight, the Minutes of October 17 and 19 plus the HRA meeting on the 17th. Motion carried unanimously. ROEGER SPECIAL USE PERMIT Chairperson Pease reviewed the findings and recommendation of the Planning Commission for the Special Use Permit application for a Rule 8 emergency shelter home for adolescent boys at 14288 Round Lake Boulevard. The Attorney advised them the application does meet the --" - Regular City Council Meeting November 7, 1989 - Minutes Page 2 <Roeger Special Use Permit, Continued) criteria for a rest home and that It does not come under the category of home occupation. The home was used as a foster home for about four years. The proposal would convert It to a shelter to allow up to 10 adolescent boys who would stay there from two to three days to a maximum of 30 days for temporary care. There would be two caretakers for every five boys at the premises. There have been some complaints about the operation In the past, but the Planning Commission found that those complaints have been resolved and that there have been no recent problems. The property Is fenced on both sides, and the P 8. Z has recommended fencing the back side as we I I . Chairperson Pease noted the Planning Commission recommended approval as outlIned In the prepared resolution. Shannon Roeoer. applicant - stated they have been operating with 10 boys there for the last five months. The licensing body for the shelter Is the State. Councilmember Jacobson noted the resolution requires a copy of the license from the county. That should be removed from the resolution since the county Is not Involved. Attorney Hawkins didn't think the City was exposed to any Ilablll ty since It Is not Issuing the permit. Mr. Blake noted the State sets out the criteria for building codes, etc. The residence has not yet been Inspected by the City's Building Official. Discussion was on the number of police calls generated by this type of activity. Mr. Blake explained that most of the calls are drop-off and pick-up of the boys from the facility. The incidents with the neighbors happened two to three years ago. The problem was resolved with the construction of the fence, and the neighbors do not have a concern about It now. Councllmember Orttel didn't feel that the neighbors should have to put up a fence to solve a problem where they live. Ms. Roeoer - also explained the boys are there for a variety of reasons ranging from battered homes to their own actions. This Is only a temporary shelter; afterwards the boys go to a long-term foster home or to another treatment center. They do not house anyone with a Juvenile criminal violation. There Is a rotating staff on duty, with an awake staff during the night. MOTION by Jacobson, Seconded by Knight, the Resolution as prepared for approval with some changes: 1) Add Item F, subject to the yearly review of the operation by the City Council; 2) under B., strike out "Anoka County" 3) add to It that prior to the license being Issued that the structure must be Inspected by the City Building Official and meet ali applicable State Building Codes prior to the issuance of the license; and 4) Item 3, the fence would be up to the Building Official to make sure that It would be the same height, etc. , as the side Regular City Council Meeting November 7, 1989 - Minutes Page 3 <Roeger Special Use Permit, Continued) fence. <See Resolution R179-89) DISCUSSION: Councllmember Orttel asked If the owner of the property wllJ Jive there. Ms. Roeger stated they do now but will not once the license I s Issued. Counc i I member Grttel then felt i t is strictly a commercial business. Attorney Hawkins stated it Is specifically allowed by State Statute as a special use In a residential district. The City does not have any alternative but to allow them If all criteria Is met. Councllmember Grttel was concerned that typically business owners have a different attitude toward the care and maintenance of their property than homeowners do. Ms. Roeger stated the property owners are the owners of the corporation operating the facilities, so they sti I I have a vested interested In that property being maintained. VOTE ON MOTION: YES-Jacobson, Knight, Perry; NO-Elling, Orttel Motion carried. AMENDED SPECIAL USE PERMIT/MEADOW CREEK SCHOOL Councllmember Jacobson stated he would not participate In the discussion nor vote on the matter since he has a personal Interest in this Item. Chairperson Pease reviewed the Planning Commission's recommendation to approve the Amended Special Use Perml t for Meadow Creek School to expand enrollment from 445 to 650 over the next five years. Mayor Elling asked If the drainage of that pond has been looked at, his concern being the adequacy of the pond to handle alJ the runoff of the additional parking area. Mr. Blake stated that will be looked at when It goes through the Andover Review Committee and a determination will be made as to whether the pond or the outlet pipe wi I I need to be enlarged. MOTION by Knight, Seconded by Orttel, the Resolution presented. <See Resolution R180-89 approving the Amended Special use Permi t request of the Meadow Creek School to allow an Increase in enrollment from 450 to 650 students.) Motion carried on a 4-Yes, 1-Present (Jacobson) vote. LUNDBY LOT SPLIT Chairperson Pease noted the Planning Commission did not approve the request for a lot spIlt at 17762 Round Lake Boulevard because the configuration did not allow for the extension of 178th east to Round Lake Boulevard. Since that time, the Staff has determined a better place for the extension of 1 78th, feeling 179th would be a more appropriate location. . --- Regular City Council Meetl ng November 7, 1989 - Minutes Page 4 (LundbY Lot SpIlt, Continued) Mr. Blake stated they talked with the property owners about their options for splitting the parcel. It Is their hope to spIlt off another parcel In five to ten years for their son, and that Is why they did not opt to spIlt Into two five-acres parcels by metes and bounds. They can get three parcels from that property and stilI meet most of the ordinance codes. He and Mr. Haas are recommending Option 2. That wi I I allow the lot sp II t as It stands; and in the future If the back parcel were to subdivide, Narcissus would be constructed going north and south and connected to 179th. Discussion noted under Option 2, the existing house and garage on Tract B would exit onto Round Lake Boulevard. Tract C would also exit onto Round Lake Boulevard. Staff recommended that when the future parcel Is spll t, both that parcel and Tract C would access off 179th. Counc II agreed under Option 2, It would not be necessary to construct Narcissus Street at this time. Mr. Blake noted Tract A has has been sold to someone with a one-acre parcel on 178th. That will be combined. Counc II noted there should be some policy that addresses homes built on parcels so as to not Inhibit the future extension of a street. Counc II a I so agreed wi th the Staff recommendation of Option 2, asking that a prepared resolution be brought back for action at the next meeting. MOTION by Knight, Seconded by Orttel, that that be the case, Staff prepare the Resolution for approval for the next meeting. Motion carried unanimously. COMMERCIAL BOULEVARD ALIGNMENT Mr. Rodeberg explained since the last public hearing on the Jay Street Improvements, a number of people have expressed an Interest In developing their properties Into residential lots. The Andover Review Committee has looked at different layouts of development for the entire area south of the proposed Commercial Boulevard; but the exact location of Commercial Boulevard will affect how those properties are developed. He reviewed two possIble locations for Commercial Boulevard and Its affects to the properties involved. The Counc II and engineers had a lengthy discussion on the development of that area. The main points brought out were: 1) Mayor Elling questioned the wisdom of putting commercial property against residential. 2) Mr. Blake noted 100 feet of right of way Is preferable to 80 feet to be able to put In both the median and all the utili ties. Eighty feet would be sufficient without the median strip. 3) Backing homes up against Commercial Boulevard means that frontage could not be assessed, so the City would need to fInd additional funds Regular City Council Meeting November 7, 1989 - MInutes Page 5 (Commercial Boulevard Alignment, Continued) to pick up that half of the cost of the road. 4) Mr. Blake noted Mr. Hurst has indicated a desire to keep his property residential and to keep it as square as possible. 5) Mr. Blake noted the Fire Department has made no comment to cutting off Jay Street to the south. Comments were the concern of being able to service the residential area south of Commercial Boulevard with emergency services versus not wanting commercial traffic to go through that residential area. No change was made to the drawing which eliminated Jay Street to the south. 6) A commercial lot on the Mardus property off Hanson Boulevard would save a lot of pine trees and could better utilize the easement area. Counc II also preferred Commercial Boulevard to be a straighter road to maximize the use of the adJoining properties. The Engineers were also asked to look at a service road along Hanson Boulevard, possibly a rear service road under the power ] Ine easement. It was then agreed the Engineers will draw up proposals for Commercial Boulevard that straightens It out, along with a frontage road along Hanson Boulevard. The Planning Commission will then hold a public hearing for Input from area residents. Ken Gust - stated he is working wlth Lynn Mardus on a sketch plan along wi th the adJoining properpty. Gary Wegner has expressed an Interest in rezoning to be Included as well. AMENDED CDBG GRANT AGREEMENT MOTION by Knight, Seconded by Jacobson, to move approval of the amended CDBG Agreement and have the Mayor and Clerk sign It. DISCUSSION: Mr. Blake explained the amendment Is putting In the Agreemen t wha t is already being done, that Is having a signed agreement with Anoka County before monies are distributed. Motion carried unanimously. GOPHER STATE ONE CALL Mr. Haas explained the program Is required by law. People wi 1 1 caJ I Gopher state to tell where they wi I J be dIgging; Gopher State contacts the various utilities who mark where their utilities are located. Andover will be marking al I sewer and water lines as requested. The fIrst 30 calls per month are free; for each additional cal] the City will be billed $2.50. Mr. Schrantz stated the City wouJd not be bl J I ed If It had a printer that answered and recorded al I caJ]s from Gopher State. Counc il asked if the additional cost could be bi] led back to the contractors. Mr. Schrantz suggested It could be reflected In the permit costs. Counc i I didn't feel a printer was warranted at this time. No further action was taken. Regular City Council Meetl ng November 7, 1989 - MInutes Page 6 OLSON PLAT GRADING Mr. Haas explaIned that on August 15 Kirby Estates came In for a final pJat. Part of the resolution was the developer could escrow for uncomp]eted work. In his Inspection, he found that the grading was not done according to the grading plan. They are about one and a half to two feet short on all lots. He submitted a Jetter to the developer that they wi I] need the engineer to certify that the lots are buildable and that the first 100 feet of the lots are clear of any peat. Ken Gust - stated the lots were designed for walkout houses. The elevations were taken on October 3, and he stopped the grader when they were within one and a half feet of the elevations set. He contended that with the addition of topsoi I and the slab, the elevations will be within one foot of what was submitted. His builder and the potential buyer want to build walkouts. Counc I J was concerned that the grading plans be met as submitted so the City does not run Into the same problem with dissatisfied residents once the houses are built, which Is what happened In Creekrldge. Mr. Gust stated all of the Jots are higher than the curb, and the elevations were shot before the black dirt was put on. Mr. Haas argued even with six Inches of black dirt, the gradIng wouJd be one foot off. Mr. Gust stated they can shoot the elevations again. He a]so noted the road was not bulJt according to the grading plan as it I s about one foot higher at the Intersection of Hummingbird Street. That left a space in the front without enough material, though that was flJled in with excess dirt from the road. Kav Olson - showed a letter and contract from Kenko. It appears that the lot pads are graded properly, maintaining the 18-lnch requirement above the curb with the garage slab. The contract noted the buyer has given lot grade approval and the seller agrees to provide fill If needed. Discussion was on the size of the pad on the Jots. Mr. Haas explained the 100-foot pad gives the homeowners an opportunity to bulJd a deck onto the house. Counc i ] agreed the plat should be graded to the plans that were submitted or the developer escrow enough to allow for the filling to the grading plan. Mr. Haas estimated that would be about $2,OOO/acre or $4,000. No further action was taken at this time. The escrow was discussed and acted upon later In the meeting. Regular City Council Meeting November 7, 1989 - Minutes Page 7 BOND DEFEASANCE Mr. Koollck reviewed the findings of Jim Casserly of Casserly Molzahn and Associates, Inc., as noted In their November 2, 1989, letter, when they analyzed the City's outstanding bond Issues for possible defeasance. They provided two options for Council consideration: 1) defeasance of two bond Issues to eliminate a $1,638,400 debt, or 2) calling four of the bond Issues to eliminate a $1,398,400 debt. Mr. Koolick stated it is the recommendation of Mr. Casserly, the City Attorney, and himself to call the bonds because It Is less costly for the City and accomplishes the same thing. Mr. Casserly explained when calling the bond Issues, the CI ty will not have to pay any more Interest on those Issues. Attorney Hawkins thought the funds for the bonds not cashed In would remain with the trustee for the term of the bonds. They are coupon bonds, so most people will return them when they are called. Mr. Casserly explained the Resolution will have those Items spelled out. The bonds are not eJlglble to be cal led until February 1 , but they need authorization now to begin the calling process. MOTION by Jacobson, Seconded by Knight, authorize legal counsel and financial consultants to prepare the appropriate resolutions for the first regular meeting In December to redeem bonds for 1976A, 1976B, 1977A, and 1980C in the total amount of approximately $1.4 mil lion. Motion carried unanimously. RECYCLING REPORT Cindy DeRuyter, Recycling Coordinator, updated the Council on several Items. She noted the second Recycling Day on October 14 was very successfu I , receiving more than double what was received In June. The next recycling pick-up Is on December 28 when the GoodwIll recyc II ng truck will be at the Downtown Center. Ms. DeRuyter stated she Is now working on receiving prices and quotes for a drop-off center building which will be located behind the cold storage building. It will be a 24x24-foot building with skylites on top, and it will be open whenever the office Is open. The funds are available In the 1989 recycling budget, with another $5,000 available in 1990. Mr. Blake noted they are also looking Into service organizations monitoring the building during weekends so It can be open then. He estimated the cost of the building to be about $7,400, plus the 1990 bUdget amount will be used for bins, etc. For the next meeting, the Counc i I asked to see a plot plan of where the building will be located and to have more exact costs of the construction. Regular City Council Meeting November 7, 1989 - Minutes Page 8 (Recycling Report, Continued) Ms. DeRuyter noted two haulers will start curbside pick-up this week. She Is In the process of applying for a grant to pay for part of the curbside recycling bins for the residents to use. The City would pay $5 per bin, and the other $3.50 would have to be picked up from somewhere else. She also noted the Andover School paper program has begun and Goodwill will start pick-up shortly. APPROVE LICENSES/BROOKS FOOD MARKET #54 MOTION by Knight, Seconded by Orttel, that we aprove the 1989 Cigarette and Non-Intoxicating Office Sale Liquor Licenses for Brooks Food Market #54 In Crosstown Square. DISCUSSION: Mayor Elling asked If there was any Interest In having the P 8. Z look at banning all cigarette machines In the City. Council questioned how many there are In the City. No further action was taken. Motion carried on a 4-Yes, 1-No (Jacobson) vote. METES AND BOUNDS PARK DEDICATION Park and Recreation Commission Chairperson Marc McMullen asked the correct fee when a lot is subdivided by metes and bounds. Attorney HawkIns explained the State Statute says any time there Is a subdivision of land, as long as It Is less than 20 acres and less than 500 feet, the Council can require park dedication fees. The City's ordinance does not follow the State Statutes, as It does not require approval on the subdivision of five acres or more. Chairperson McMullen noted there are a number of lots that are being subdivided and developed without having to come through the City, and the City is not receiving any park dedication on them. And if those lots should pay a fee, do they use the same guidelines of 10 percent of the land value. Council discussion noted for years the City has charged park fees on the additional lot being created at the rate or $200 per lot. Councllmember Perry felt the City should be collecting park fees every time the lot Is subdivided until It Is divided down to an urban-sized lot on the theory that every subdivision means an additional family wll I be using the parks and should also pay Its share for it. She also felt the park fees should be based on the value of the land at the time of the subdivision as Is done for plats. Attorney Hawkins thought the amount of park fees brought In under Councilmember Perry's scenario would be considerably higher than if the land were platted to an R-4 density to begin with. The question -_. Regular City Council Meeting November 7, 1989 - Minutes Page 9 <Metes and Bounds Park Dedication, Continued) would be does the end result constItute a reasonable amount collected In park fees. It was also his position that the ordinances should be changed to reflect park fees of 10 percent of the land value for lot spll ts, using the same standards as for pJattlng. He felt using a flat dollar amount per lot Is contrary to what the State Statutes say. Councllmember Jacobson suggested the Park Board and P 8. Z address the Issue and make a recommendation on park fees for lot splits. Councllmember Knight cautIoned the Intent of the Statute Is to create parks, not necessarily to make money. Rosella Sonstebv - felt it is unfair to charge only developers for park fees. She felt that everybody who lives In Andover should pay a tax for the parks, because It Is the residents who use them. Mayor El ling noted theoretically the park fees to the developers are passed on to the residents In the costs of the property. Mayor Elling asked for a motion to refer this back to the Planning and Zoning Commission and the Park Board to work on Ordinances 10, 4, and commercial lot splits. MOTION by Jacobson, Seconded by Orttel, to so move. Motion carried unanimously. PERSONNEL COMMITTEE RECOMMENDATIONS Counc II acknowledged the recommendations of the Personnel Committee. MOTION by Jacobson, Seconded by Perry, that we adopt the recommendations of the Personnel Committee as Recording Secretary proposa I , vacation policy, personal use of equipment, Finance Department personnel request, and parental leave policy. DISCUSSION: Marcella Peach, Recording Secretary, requested the rates for the second year of the contract be changed to $7 per page of Minutes to cover Increased costs of materials. The hourly rate would remain the same. Councllmember Jacobson CHANGED THE MOTION, for an increase of 50 cents per page for the second year of the Recording Secretary contract. Second Stands. Motion carried unanimously. Counc i I recessed at 10 :21; reconvened at 10:30 p.m. , - -- - Regular City Council Meetl ng November 7, 1989 - Minutes Page 10 COMPUTER DISCUSSION Mr. Koollck was advised to proceed with the bidding process for the computer in the Finance Department; however, the following changes to the specifications are to be made: al low bids for used equipment that Is warrantled. On Pages 3 and 15, Include sufficient cabling to connect the units together. On Page 3, remove the word "tape", to read "Magnetic back-up capabilities." Mr. Koolick noted the bids will be opened and recommendations made for Counc II action at the December 19 meeting. 1990 AUDITOR ENGAGEMENT LETTER Mr. Koollck explained the proposal from George M. Hansen, P. A. is about $600 more than 1989's cost. The reason for the big difference from what was budgeted In 1989 and the actual amount is for additional work done beyond the scope of the audl t. He didn't envisIon any addi tlonal work being done for the next audit. Councllmember Jacobson was concerned that the firm missed a $200,000 error In revenues for two years in a row. He felt the cost was high for the size of the budget and suggested the Item go out for bids. Mr. Koollck stated It Is late in the year to go out for bids because most firms have already scheduled their firms for taxes and determined their staffing needs. He felt It would cost more to go out for bids at this point. Based on his experience, he didn't feel the proposed amount was unreasonable for a city the size of Andover. Greq Murphv - explained the proposal to do the 1989 audit was based on what the firm has done for the CIty In the past. WIth the hiring of Mr. Koollck, he felt some of the work may be able to be done In-house. If some of the Items can be done by City Staff, he would be able to cut $1,000 off the proposed fee for a total of $11,000. Mr. Koollck felt a responsibility of his position Is to oversee the audit and to do those things that need to be done by Staff to reduce the cost of the audl t. He stated the Staff will do as much as possible, though Mr. Murphy will need to list exactly what Items they need. Mr. Murphv - explained the error in revenue receipts was discovered this past spring while doing the 1988 audit. That same error carried over Into the 1989 budget. The budget Is prepared by Staff, and they do not see it until after the Council adopts it. The error was In doubl ing up of the homestead credit. MOTION by Orttel, Seconded by Knight, that the Counc i I authorize the Mayor and Clerk to enter Into an agreement for the 1989 Audit with the George M. Hansen Professional Association on the basis of terms in their letter dated October 27, 1989; that the agreement of the contract would be reduced up to $1,000 based on the assistance of the CI ty Staff in the preparation of the adult. Motion carried on a 4-Yes l-No (Jacobson) vote. Regular City Council Meeting November 7. 1989 - Minutes Page 11 RECEIVE UNION CONTRACT Mr. Schrantz noted the changes to the contract given to the Council this evening In the addendum. Councilmember Perry asked why the contract calls for two hours of overtime at the top pay rate for weekend duty In Public Works. She stated normally an individual Is paid at his/her own rate of pay, not at someone else's. Mr. Schrantz explained that Is what is done at this time. The Counc i I agreed to that change several years ago as an Incentive to work weekends. The Council discussed that provision of the contract and suggested it be looked at again when next year's contract negotiations begin in January. MOTION by Jacobson. Seconded by Knight, that we approve the Labor Agreement between the City of Andover and the Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320 for the perIod January 1 , 1989, through December 31, 1989, as presented and with attached amendments. Motion carried unanimously. TAX CERTIFICATION DATE Councl I agreed to hold the pUblic hearing for the 1990 bUdget on November 29, 1989, 7:30 p.m. CERTIFY 1990 BUDGET Mr. Koollck stated he Is about two-thirds done reviewing the Administrative Fund and has found that there is about $85,000 that can Justifiably be transferred to the General Fund. WI th that transfer, the 1990 bUdget will balance. The prepared resolution assumes a balanced budget that eliminates any expenditure for voting machines and transfers $79,147 from the Administrative Trust Fund to the General Fund. MOTION by Knight, Seconded by Jacobson, approving a Resolution rescinding Resolution Number R161-89 which established the preliminary tax levy for the City of Andover. (See Resolution R181-89) Motion carried unanimously. MOTION by Knight, Seconded by Jacobson, a Resolution establishing the preliminmary 1990 levy and budget to be certified to the County Auditor by the City of Andover. (See Resolution R182-89) Motion carried unanimously. ACCEPT EASEMENTS/TULIP STREET MOTION by Knight, Seconded by Perry, acceptance of easements from Houle and Mucclacclaro, pending receipt of the easement from HouJe. Motion carried unanlmousJy. . -. - Regular City Council Meeting November 7, 1989 - Minutes Page 12 OLESEN ADDITION FINAL PLAT MOTION by Orttel, Seconded by Knight, a Resolution approvIng the final plat of Olesen Addition Phase I as being developed by Eugene Olesen in Section 5-32-24, as prepared. <See Resolution R183-89) Motion carried unanimously. WANDERSEE ADDITION FINAL PLAT Counc II discussed taking the easement for the future 142nd Avenue. Mr. Schrantz exp]alned Mr. Wandersee is concerned about giving away the right of way and not being fairly compensated when the Hagen property Is developed and the road Is built. Richard Wandersee - stated the original agreement was the land would be retained In his ownership and developed at his discretion. They are not interested In developing It now. The agreement was also that it they were to remove the house and build a new one, they would have to put In 142nd. Attorney Hawkins advised there would have to be a restrictive covenant to the outlot so the road easement would remaIn if the property was sold. Counc I I discussion was If the easement Is dedicated now, the CI ty controls when the road Is put In, not the property owner. Attorney Hawkins felt that since the out I ot Is the natural location for the road, it should be dedicated at this time. Counc i I recogn I zed the outlot Is wider than what is needed for the roadway and at some point the existing 33-foot easement would need to be vacated. For now, the existing easement provides the access for the garage on the Hagen property. MOTION by Jacobson, Seconded by Perry, a Resolution approving the final plat of Wandersee Addition as presented with the following change: On the second page, Item No. 4, Outlot A would be deeded to the City for future City street. (See Resolution R184-89) DISCUSSION: Attorney Hawkins advised the plat would change Outlot A to a street and utility easement, 142nd Lane easement, to avoid having two different documents. Motion carried unanimously. AWARD BID/89-22/WANDERSEE ADDITION MOTION by Knight, Seconded by Orttel, a resolution accepting bids and awarding contract for the Improvement of ProJect No. 89-22 for sanitary sewer, storm drain, and street construction In the area of Wandersee Addition, awarding contract to 0 & P Contracting in the amount of $25,173.90. (See Resolution R185-89) DISCUSSION: Mr. Rodeberg stated they received a better bid from Acron Construction for about $24,200 after the bid opening. They cannot legally reJect the other bids but will be working with 0 8. P Contracting to do some cost reduction In the proJect. Motion carried unanimously. Regular City Counci] Meeting November 7, 1989 - Minutes Page 13 HIDDEN CREEK EAST 2ND ADDITION FINAL PLAT MOTION by Knight, Seconded by Orttel, to so move. (See Resolution R186-89 approving the final plat of Hidden Creek East 2nd Addition as being deve]oped by Good Value Homes, I nc.. in Section 34-32-24) Motion carried unanimously. FINAL PAYMENT/BENT CREEK ESTATES MOTION by Jacobson, Seconded by Perry, move the Resolution as presented. (See ResoJutlon R187-89 accepting work and directing final payment to American Contracting Corp. for Project No. 88-20 for work done in Bent Creek Estates) Motion carried unanimously. ORDER ASSESSMENT HEARING/87-3B. 88-1 Mr. Rodeberg reported the changes to the proposed assessment roJl from the public hearing. Mayor Elling read a letter dated November 7, 1989, from Jerry and Carol Wlndschi It into the record asking that an assessment hearing date be scheduled no earlier than the second week In January, 1990, to alJow them time to gather the necessary documents. They are questioning the legal opinion given by the City's Attorney as to the City's authority to levy an assessment In this proJect. Attorney Hawkins stated he met with Mr. Wlndschltl last week, and it is sti II his opinion that the procedure the City Is taking is a legal one under State Statute 429. Jerry WindschitJ - stated his attorneys are not In agreement with the legal opinion. This Is an unusual circumstance to have such a short time span between the pubJlc hearing and the assessment hearing, as normal1y there would be about six months between. He stated he needs time because they will have to present professionaJ witnesses to present their position on the Issues raised. Mayor EJllng felt that delaying the assessment hearing until January would not affect the certification. Mr. Schrantz was concerned that the assessment ro]] does not reflect any construction Interest, which the Council did not want to Include when it was discussed at the public hearing. He also felt I twill make a difference whether the roll Is heJd in-house or certified to the county. He suggested the City may want to assess this year and hold the roll In-house. The City could then bill the property owners in 1990, and then certify to the county for the remaining time period of the roJI. If the rol I Is certified to the county In January, there would be no payments rece I ved un tl ] 1991, and the first one would be 1arge because of the interest accumulated from the time of the hearing to the end of 1991. Regular City Council Meeting November 7, 1989 - Minutes Page 14 <Order Assessment Hearlng/87-3B, 88-1, Continued> Mr. Schrantz also pointed out that right now the two proJects are under two different bond Issues which will have to be refinanced. They are recommending the rolls be prepared using 8.25 percent Interest, 7.25 percent for the Interest on the bond and 1 percent for administration to cover the maJority of the period of the refinanced bond. Attorney Hawkins felt 8.25 percent Is a reasonable rate, realizing the refinanced rate can only be a guess at this point. Councllmember Orttel noted the county owes the City funds for these proJects and will not pay any interest, questioning whether the City should then charge that interest to the residents. There was a brief discussion on maintaining the assessment roll in-house versus certifying to the county. The Counc I I made no decision at this time. The Counc II agreed to hold the assessment hearing for ProJects 87-3B and 88-1 on Wednesday, January 10, 1990, 7:30 p.m. MOTION by Knight, Seconded by Perry, to so move. (See Resolution R188-89 setting the hearing date on proposed assessment for the improvement of storm drainage for ProJects No. 87-3B and 88-1) Motion carried on a 4-Yes, l-No <Orttel) vote. Mr. Koollck raised the Issue of billing developers for Interest for the entire year as Is currently done or strictly through the date of billing for the In-house assessment rolls. Calculating the interest through the date of billing Is one less step Inca I cu I a ti on. Changing the method of calculation will mean only billing for four months of Interest this next time; but In the end, the same amount of Interest will be paid. Counc i I agreed that the less steps In caluclation means less chance of errors and less time consumed. Mr. Koollck was advised to proceed with the necessary changes to bil I Interest through the bll ling date as proposed. CRIME WATCH NEWSLETTER Councilmember Knight stated a resident called complaining about the quaIl ty of the CrIme Watch Newsletter. There were many errors In It. and it did not represent the City well. Counc I J dl rected Staff to determIne how this happened and to see that future newsletters are more closely edited. Regular City Council Meeting November 7, 1989 - Minutes Page 15 APPROVE PLANS AND SPECS/COMMERCIAL PARK PONDING Councllmember Jacobson asked where the other $20,000 for the proJect would come from, thinking the Council did not agree to have City participation. Mr. Rodeberg thought all of the funds from the Hidden Creek Addition will pay for the Improvement In that area to serve Just the Hidden Creek Addition. The pond can then be enlarged as needed In the future. Councllmember Jacobson also noted that the Jetter from John Peterson of Good Value Homes is not signed. Because of the unsigned letter and the wrong dollar amounts In the resolution, It was agreed to continue this item. MOTION by Jacobson, Seconded by Perry, to continue this to the next meeting. Motion carried unanimously. REQUEST SPEED STUDY/xENIA AND 157TH AREA MOTION by Knight, Seconded by Jacobson, to so move. Motion carried unanImously. OLSEN/KIRBY'S ESTATES Mr. Schrantz Informed the CounclJ the City owes the Olsen's $19,035 for acquiring the regional pond. The Olsen's owe the City $4,840 for park dedication plus $4,000 escrow for the grading. Because of a cash flow problem, the Olsens have asked that the City take the park fees and escrow out of the $19,035 owed them. The City would then issue them a check for the balance of $10,195. MOTION by Orttel, Seconded by KnIght, that we authorize the City Attorney and Staff to arrange settlement with the developers of Kirby Estates on the basis of their letter of 11-7-89, and authorize the Mayor to sign the check to accomplish the contract. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Perry, approval of Checks 17500 through 17605 for a total of $205,919.63. Motion carried unanimously. MOTION by Knight to adJourn. Motion carried unanImously. Meeting adJourned at 11:50 p.m. \\ Respectfully sub~i_tJ:!:d, . ~~~~J _ Ma la A. Peach, Recording Secretary