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HomeMy WebLinkAboutCC December 15, 1992 CA. CITY of ANDOVER Regular City Council Meeting - December 15, 1992 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Presentations Senator-Elect Paula Hanson Discussion Items 1. Junkyard License Renewals. Cont. 2. Amend Ordinance 44, Junkyards 3. Rezoning/Variance - 13311 Round Lake Boulevard 4 . Special Use Permit/17154 - 7th Avenue N.W./Seventh Day Adventist Church 5. Adopt Garbage Ordinance 6. Accept Feasibility Report/92-24/Andover Boulevard 7. Nightingale Ridge Sketch plan 8. Eidelweiss Street/92-21 9. WDE Access Agreement 10. E1dorado Street Disc. Staff, Committees, Commissions 11. Amend Ordinance 42, Fire Department 12. Approve Salaries 13. Peach Associates, Inc. Contract 14. Approve Cigarette & Non-Intoxicating Liquor Licenses 15. Schedule Board of Review 16. Purchase Special Assessment Software 17. Approve 1993 Water & Sewer Budget & Rates Non-Discussion Items 18. Accept Resignations/Equestrian Council Members 19. Accept Feasibility Report/University Ave./92-25 20. 21. Approve Revised preliminary Plat/Leeman Lake Estates 22. Accept Streets/Leeman Lake Estates 23. Approve Final Plat/Leeman Lake Estates 24. Receive November Financial Statements 25. Transfer Funds/Sewer Trunk Fund to Sewer Operating Fund 26. Adopt Resolution/Budget Adjustments < 27. Release Escrow/Kensington Estates 6th Addition 28. Release Escrow/Kelsey Estates 29. Release Grading Escrow/Kensington Estates 5th Addition .. 30. Reduce Escrow/Wins10w Hills 2nd 31. Reduce Escrow/Kensington 1st & 5th Mayor-Council Input Approval of Claims Adjournment -- - - -~ ---- ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER 15, 1992 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · · 1 PRESENTATIONS . . · · · · · · · · · · · · · · · · · · · · · · · · · 2 SENATOR-ELECT PAULA HANSON · · · · · · · · · · · · · · · · · · · · 2 JUNK YARD LICENSE RENEWALS (Continued Later in Meeting) · · · · · · 2 ORDINANCE 44, JUNKYARDS Motion to amend · · · · · · · · · · · · · · · · · · · · · · · · 2 JUNK YARD LICENSE RENEWALS · · · · · · · · · · · · · · · · · · · · 3 REZONING/VARIANCE - 13311 ROUND LAKE BOULEVARD · · · · · · · · · · 3 Resolution R221-92 to deny · · · · · · · · · · · · · · · · · · 4 SPECIAL USE PERMIT/17154 SEVENTH AVENUE/SEVENTH DAY ADVENTIST CHURCH Resolution R222-92 to approve · · · · · · · · · · · · · · · · · 5 GARBAGE ORDINANCE Motion to adopt · · · · · · · · · · · · · · · · · · · · · · · · 5 FEASIBILITY REPORT/IP92-24/ANDOVER BOULEVARD Resolution R223-92 to accept · · · · · · · · · · · · · · · · 6 NIGHTINGALE RIDGE SKETCH PLAN . · · · · · · · · · · · · · · · · · 6 EIDELWEISS STREET/IP92-21 · · · · · · · · · · · · · · · · · · · · · 6 WDE ACCESS AGREEMENT Motion to approve · · · · · · · · · · · · · · · · · · · · · · · 7 ELDORADO STREET DISCUSSION · · · · · · · · · · · · · · · · · · · · 7 NON-DISCUSSION ITEMS Approve salaries · · · · · · · · · · · · · · · · · · · · · · 8 Approve Peach Associates, Inc., contract · · · · · · · · · · · 8 Accept Resignations/Equestrian Council Members (Bills, Kelly) · 8 Resolution R224-92 accepting feasibility report/University ~. Avenue/IP92-25 8 · · · · · · · · · · · · · · · · · · · · · · Resolution R22s-92 accepting streets/Leeman Lake Estates · · · 9 Receive November Financial Statements · · · · · · · · · · · · · 9 Transfer Funds/Sewer Trunk to Sewer Operating · · · · · · · · · 9 Resolution R226-92 adopting budget adjustments · · · · · · · · 9 Release Escrow/Kensington Estates 6th · · · · · · · · · · · · · 9 Reduce Escrow/Winslow Hills 2nd Reduce Escrow/Kensington 1st and 5th · · · · · · · · · · · · · 9 FIRE DEPARTMENT: AMCUS EXTRICATION/ORDINANCE 42 AMENDMENT Motion to reserve funds/Amcus Extrication Tool · · · · · · · · 9 CIGARETTE & NON-INTOXICATING LIQUOR LICENSES Motion to approve · · · · · · · · · · · · · · · · · · · · · · · 9 BOARD OF REVIEW Motion to schedule for April 8, 1993 · · · · · · · · · · · · 10 SPECIAL ASSESSMENT/BUILDING DEPARTMENT SOFTWARE Motion to approve · · · · · · · · · · · · · · · · · · · · · 10 1993 WATER AND SEWER BUDGET RATES Resolution R227-92 establishing 1993 Water, Sewer, Central Equipment budgets · · · · · · · · · · · · · · · · · · · · 10 Resolution R228-92 establishing 1993 sewer rates · · · · · · 11 Resolution R229-92 establishing 1993 water rates · · · · · · 11 MEETING DATE/AUTO RECYCLERS TASK FORCE · · · · · · · · · · · · · 11 REVISED PRELIMINARY PLAT/LEEMAN LAKE ESTATES Resolution R230-92 approving revised plat · · · · · · · · · · 11 FINAL PLAT/LEEMAN LAKE ESTATES Resolution R231-92 approving final plat · · · · · · · · · · · 12 . . Andover Regular City Council Meeting Table of Contents - December 15, 1992 Page ii RELEASE ESCROW/KELSEY ESTATES Motion to release · · · · · · · · · · · · · · · · · · · · · · 12 RELEASE GRADING ESCROW/KENSINGTON ESTATES 5TH ADDITION Resolution R232-92 approving final grading · · · · · · · · · 12 MAYOR/COUNCIL INPUT Employee leave of absence · · · · · · · · · · · · · · · · · · 13 Reserve Weed and Tree funds · · · · · · · · · · · · · · · · · 13 Set interview dates/candidates for vacant Council seat' · · · 13 APPROVAL OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . . . . · · · · · · · · · · · · · · · · · · · · · · 13 CA. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER 15, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Ken Orttel on December 15, 1992, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, McKelvey, Perry Councilmember absent: Smith Also present: City Planner, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, James Schrantz Others RESIDENT FORUM Jerrv Menqelkoch. 15710 Svcamore - has lived there since 1971. He asked the Council to declare the dogs next door as a nuisance so the police can take some action against the owners. For the last year and a half they have tried to stop the almost constant barking. They talked with the owners, talked to City Staff, filed several complaints with the police. All attempts to have something done about the barking has failed; and the police have said that with the Council declaring them a nuisance, they would be able to have the dogs impounded. After discussing the problem further with Mr. Mengelkoch, the Council directed Staff Code Enforcement to investigate the situation, talk to the owners and witness the barking. Council asked that the item be placed on the next agenda with a report from Staff, plus provide an opportunity for the dog owners to come in prior to Council declaring the dogs a nuisance. AGENDA APPROVAL Add Item 17a, Set Meeting Date/Auto Recycling Task Force. MOTION by Jacobson, Seconded by Perry, to approve the Agenda as amended. Motion carried on a 4-Yes, I-Absent (Smith) vote. APPROVAL OF MINUTES December 1, 1992, Regular Meeting: Correct as written. December 1, 1992, Closed Meeting: Correct as written. December 3, 1992, Special Meeting: Correct as written. December 3, 1992, Special Executive Council Meeting: Correct as written. Regular Andover City Council Meeting Minutes - December 15, 1992 Page 2 (Approval of Minutes, Continued) MOTION by Jacobson, Seconded by Perry, both Meeting Minutes for December 3. Motion carried on a 4-Yes, I-Absent (Smith) vote. MOTION by Perry, Seconded by McKelvey, the Minutes of the December 1 meetings. Motion carried on a 3-Yes(Orttel, McKelvey, Perry), 1-present (Jacobson), I-Absent (Smith) vote. PRESENTATIONS On behalf of the City, Councilmember Jacobson presented Mayor Ortte1 with a plaque of appreciation for his many years of service as Councilmember for the City of Andover. Mayor Orttel has served on the Council since 1976 and was on the Planning commission prior to that. SENATOR-ELECT PAULA HANSON Mayor Orttel introduced Senator-Elect for District 50, Paula Hanson. Senator-Elect Hanson addressed the Council and those present, stating she has been appointed to the Education Committee, the Transportation Committee, the Veterans Committee, as Vice Chair of the Agriculture Committee, and the Committee of Finance for Education and Transportation. She provided a brief personal background and asked that both the City and residents contact her if she can be of any help. JUNKYARD LICENSE RENEWALS, CONTINUED Mr. Carlberg reviewed his findings of the re-inspections of five auto salvage yards. He assumed the documents were in order for Rite-Away Auto Salvage, though that information is handled by the City Clerk's office. Mayor Orttel advised that the licenses are granted to the parcels by legal description, not just by address. Councilmember Jacobson was concerned about the intented completion date of Rite-Away Auto for restoration of the fence. With the possible change in the licensing period, he felt it should be completed prior to July 1, 1993. Mr. Carlberg stated the owner was not required to replace the fence by the City but it is something the owner wished to do on his own. There was some discussion as to the application of the annual license fee if the licensing period is changed. It was agreed to act on the ordinance amendment first, then act on the license renewals. AMEND ORDINANCE 44, JUNKYARDS MOTION by Jacobson, Seconded by McKelvey, Ordinance 44I with the change in Section 6.3, "July 1 through June 30 of each year beginning July 1, 1993..." Motion carried on a 4-Yes, I-Absent (Smith) vote. Regular Andover City Council Meeting Minutes - December 15, 1992 Page 3 JUNKYARD LICENSE RENEWALS, CONTINUED The licenses to be renewed are for Andover Auto Parts, Commercial Auto Parts, ATV Salvage, Mom's Auto Parts and Rite-Away Auto Salvage. MOTION by McKelvey, Seconded by Perry, that we approve the five licenses for the six-month period from January 1 until June 30, 1993. Motion carried on a 4-Yes, I-Absent (Smith) vote. REZONING/VARIANCE - 13311 ROUND LAKE BOULEVARD Tom Hickev, Applicant - stated he has owned a dental practice at 13841 Round Lake Boulevard for the last seven years. It is a growing practice, and they have run out of space. They have looked for alternative locations, but found this would be the best place for them. He has an option on the land contingent upon the rezoning to allow his office building. He noted the concerns over traffic in that vicinity. He has a letter from the County Highway Department stating 133rd will have access to Round Lake Boulevard from both directions, plus the property itself will have access to Round Lake Boulevard. His type of business generates a very low traffic flow, anticipating about 25 cars over an 8-hour period. The hours of operation are also after the rush in the morning. He felt it would be very attractive to have a nice professional building on this parcel, which is the entrance to Andover. He understood the concern of the neighbors over the rezoning to Neighborhood Business and the potential uses that would be allowed. If the Council chooses, he would agree to a rezoning to Limited Business instead. Mr. Hickey also stated that his professional building would generate over a third of a million dollars in taxes over the next 20 years, versus approximately $25,000 if it were residential. He noted the additional expense of locating within the mall, which he did not feel he could afford; and he is not able to expand in his present location. Council discussion noted the parcel is 1.24 acres, which is smaller than the required 2-acre minimum for NB zones. LB requires a minimum of 20,000 square feet, so no variance would be needed if the LB zone is to be considered. The acreage would accommodate 3 single family homes, though some consideration would need to be made for a common driveway to 133rd. Another resident use would be of multiples or townhomes, also with a common driveway to 133rd. Garv Judd, 13314 Silverod Court - stated there is residential housing completely surrounding this parcel. They are concerned with spot zoning, that is rezoning for commercial use which is completely surrounding by residential. They are concerned about their property values and the safety of their children. Because of the difficulty of accessing Round Lake Boulevard, he predicted the traffic will go through their neighborhood to 133rd. He stated there are alternative places for the business, noting the commercial zones in Anoka and in Andover along Bunker Lake Boulevard. The City's sewer and water will accommodate Regular Andover City Council Meeting Minutes - December 15, 1992 Page 4 (Rezoning/Variance - 13311 Round Lake Boulevard, Continued) three single family homes, realizing some common driveway may be needed to access 133rd rather than direct access onto Round Lake Boulevard. Their immediate concern is the NB zone, but with that zoning the uses could also change to a restaurant over which the City would have no control. They would like to see it remain R-4 for single family dwellings first, or multiples as another option. Patricia Peterson, 38226 16th Avenue - lives across the street, explaining it took her six years to buy a home and all the checking she did regarding zoning, etc. She did not want to live with commercial around her. She stated there are other areas where commercial property is available. She also stated that the traffic and noise levels are so bad from Round Lake Boulevard, and commercial would only add more. She also didn't want to see security lights from the commercial area shining in her windows, and agreed with Mr. Judd's comments. Mayor Orttel noted Andover was not contacted when the City of Anoka decided on the commercial and residential areas along Round Lake Boulevard, and some decisions were made that have negatively affected Andover. Mert Watson, President of Anoka Townhome Association - was surprised by the Mayor's comments, stating he was on the Planning Commission when that property was developed and he thought everyone within 300 feet was notified. He stated he would talk with City representatives on the matter. Personally, he didn't want to see the area in question rezoned, as it is contrary to Andover's Comprehensive Plan, plus it is completely surrounded by residential. Councilmember Jacobson didn't feel a dental clinic would impact the traffic that much, but he did agree that it appears to be spot zoning since there is no commercial on that side of the street. He also agreed the area is not appropriate for a Neighborhood Business zone. MOTION by Perry, Seconded by McKelvey, the Resolution denying the Rezoning/Variance request of Thomas J. Hickey to rezone the property located at 13311 Round Lake Boulevard NW from R-4 to NB, adding to No. 3, that there is property zoned NB which exits within a relatively short distance from this parcel and which is available. (See Resolution R221- 92) DISCUSSION: The Council noted that the applicant may wish to reapply to rezone to Limited Business; however, in the past the Council has been reluctant to rezone areas to commercial uses which have been completely surrounded by residential. They preferred to see single family or multiple housing in that vicinity. Some also preferred to see the existing commercial property filled before designating any more commercial zones. Mayor Orttel noted the City has quite a few NB areas and the demand seems to be for professional office buildings. Since the office buildings might make a better buffer between the residential developments and the major roadways, he felt the City should consider the LB zone when commercial areas are desired in residential plats. There was also some discussion on the resulting parcels to the south of this one in which the county took a majority for road easement. Mr. Carlberg stated in some cases, the adjoining resident has asked to purchase it. Motion carried on a 4-Yes, I-Absent (Smith) vote. Regular Andover City council Meeting Minutes - December 15, 1992 Page 5 SPECIAL USE PERMIT/17154 SEVENTH AVENUE NW/SEVENTH DAY ADVENTIST CHURCH Mayor Orttel noted the Planning commission's recommendation to permit the request. Discussion was on the recommended two-year sunset clause. Mayor Orttel felt it is a good idea, since often construction for churches cannot begin until the funding is available. Council agreed. A representative of the Church also stated they have a letter from the County Highway Department indicating they have no problem with the entrance onto Seventh Avenue. Discussion was also that the request is for the construction of a school and on the size of the school. A Church representative indicated they have 35 students, but hope to increase to between 70 and 90 in the future. MOTION by McKelvey, Seconded by Jacobson, the Resolution granting the Special Use Permit request of the Seventh Day Adventist Church to allow for the construction of a church and school to be located at 17154 Seventh Avenue NW¡ and in the first WHEREAS, add, "for the construction of a church and school to the capacity of 100 students..." (See Resolution R222-92) Motion carried on a 4-Yes, I-Absent (Smith) vote. ADOPT GARBAGE ORDINANCE The following changes were made to the proposed ordinance: Section 3.3, Page 2: To allow residents to share garbage hauling service or to personally dispose refuse and recyclables outside of the City, the section is to read: Disposal Required. Every household or occupant or owner of any residence, commercial or industrial establishment shall, in a sanitary manner, dispose of refuse and recyclables that may accumulate upon the owner or occupant's property through a collection service licensed by the City on a weekly basis or by other methods of disposal as approved by the City. Section 4, Subdivision 1, License Required, add: "...Each such vehicle so used, except for personal disposal, must be licensed for such activity. " Section 4, Subdivision 2, Subsection d: Councilmember Jacobson questioned whether the rates can be based on volume, as he thought he read it must be based on weight. Mr. Carlberg stated he will verify the accuracy of the ordinance. MOTION by Jacobson, Seconded by Perry, the ordinance as amended. Motion carried on a 4-Yes, I-Absent (Smith) vote. Regular Andover City council Meeting Minutes - December 15, 1992 Page 6 ACCEPT FEASIBILITY REPORT/IP92-24/ANDOVER BOULEVARD Councilmember Jacobson questioned whether there are sufficient funds to do this project plus the others that have been committed to. Mr. Schrantz believed there was. Council asked for a report on the MSA funds at the time of the public hearing. Councilmember McKelvey noted an error in the report, that the contractor completion date would not be August, 1997. Mr. Schrantz stated that will be corrected. MOTION by Jacobson, Seconded by McKelvey, that the City Council accept the feasibility report as submitted on Andover Boulevard and set the public hearing date for the first City Council meeting in February, 1993. (see Resolution R223-92) Motion carried on a 4-Yes, I-Absent (Smith) vote. NIGHTINGALE RIDGE SKETCH PLAN Mr. Menkveld, developer, stated Outlot A will be deeded to the church prior to the preliminary plat, and the Church will be giving the needed easement for the street. Outlot B will be either deeded to the Heidelbergers or incorporated with one of the other lots. The variance for the lots is for street frontage because of the way the Heidelberger property exists. The private road easement that runs to the Heidelberger property will be vacated and a street constructed and dedicated to the City. The Heidelberger property will then be served by a public street. The street will be constructed with a temporary cul- de-sac at the end and will be capable of continuing to 157th. Council generally agreed with the sketch plan as explained and suggested the developer proceed with the preliminary plat. EIDELWEISS STREET/IP92-21 Councilmember McKelvey reported the committee met to discuss a possible extension of Eidelweiss Street from Woodland Creek to Bunker Lake Boulevard. They understand the school is willing to give right of way on the west end of their property if they are not charged for the construction of the street. Meadowcreek Church has indicated the same thing. The problem is who is going to pay for the road. It is a very unique situation, and they are waiting for a legal opinion as to whether the funding can come from the General Fund. Councilmember Jacobson stated he met with the Meadowcreek Church Board of Trustees and explained the situation. They have indicated they are willing to consider the recommendation, but they have not yet officially committed to anything at this point. Council agreed the key issue is where would the funds come from to construct the road if it is not assessed to the church and school. It would also require a change in policy to construct a street without assessing it. Councilmember McKelvey stated he will keep the Council informed. , - Regular Andover City Council Meeting Minutes - December 15, 1992 Page 7 WDE ACCESS AGREEMENT Mayor Orttel stated the Access Agreement is the result of two years of negotiations. The City Attorney has been involved and is in agreement with the final form, with the change on Page 12, that "All fees which are charged by the Metropolitan Waste Control Commission will be passed through to Grantee with no mark up. " Mr. Schrantz noted a proposed change on Page 15, that the City will assess the WDE Site for the area that drains into the City's storm sewer at the same rate that others are assessed. Mayor Orttel understood that there would be no changes on the WDE Site that would affect the storm water drainage. Jerrv Winds chit 1 - referred to Page 13, Section I, questioning the change that the monitoring of methane gas will occur only on the south and east side of the Site. Mayor Orttel explained this agreement is specifically with the City of Andover and the easement along Hanson Boulevard, which is where they are asking for access. Jerrv Windschitl - referred to Page 8, Section (5), asking what are the standards for the barriers to protect occupants from infiltration of landfill gas. Mayor Orttel explained it is up to the local standard. It depends on the type of soil and would be enforced as a part of the Building Code. He didn't know if a standard existed yet in Minnesota. It would apply to new construction. Mr. Schrantz stated four lots in the Hills of Bunker Lake will be affected. Jon Christofferson - explained they are referencing protective liners and indoor vents during the time of construction. That was primarily determined by the language in the Order issued by the EPA. The distance of 500 feet from the limi t of refuse, not the property lines of the landfill , was set by the EPA and PCA. MOTION by Jacobson, Seconded by Perry, that the City Council, City of Andover, approve the Access Agreement with what is known as the WDE Group, as presented, with two changes: Page 12 of the Agreement, Under Section C, the second sentence which begins "User fees which are charged..." , the word "user'! be crossed out and the word "All II put in its place so it says, "All fees which are charged." The second change on Page 15, under Subsection M, which says presently there will be no fees or assessments charged for storm water management, the Council understands this is still subject to discussion, as to whether or not fees will be charged for that. Motion carried on a 4-Yes, I-Absent (Smith) vote. ELDORADO STREET DISCUSSION Council discussed the situation on Eldorado Street where an individual wishes to split a lot and construct a house located at 165th Avenue NW and Eldorado Street. Staff has not been able to find that the City or Township accepted Eldorado as a City Street. Mayor Orttel stated he talked with a resident who was familiar with the situation. He Regular Andover City Council Meeting Minutes - December 15, 1992 Page 8 (Eldorado Street Discussion, Continued) remembers that the first 300 feet of Eldorado was built to the standards of a City street, but he didn't know if the City formally accepted the road. Mr. Carlberg stated they have not been able to find a deed to the road, and a Public Works employee recalls the road was never maintained by the City. Jud Larson - stated they have petitioned the neighbors to have Eldorado Street improved with the understanding that it would be assessed. The residents are opposed to that project. He felt the Council should look at the intent of the parties in the past, noting that the road was placed on the map, plus it is built to 165th and there are houses on 165th. The easement is shown in his abstract. They want to split their lot and build a house on the back portion, but the road has to be maintained or accepted by the City in order to receive a building permit. He didn't feel he should have to pay 100 percent to have the road upgraded because other people do benefit. He stated the road is in good condition and felt the City has a responsibility to provide the service. He would like the City to take over the road, improve it and assess the three benefitting parties, or leave the road as it is and give a variance for a building permit. Mayor Orttel stated the City does not have an option to grant a variance for a building permit. A permit cannot be granted without a street. But it looks like someone was proposing to develop the area and it was never done. Mr. Carlberg stated it appears lots were sold in that vicinity in 1971, prior to the passing of the ordinance. Jerrv Windschitl - thought that Staff may find some information in the Planning Commission Minutes, as it may have been a policy of the Township that roads were accepted by the Planning Commission. There is an owner in that area who was on the Planning Commission at the time who may be able to recall what happened. He suggested Staff talk with him. Mr. Carlberg agreed to check that further. Council discussion noted to order a project without a petition, a 4/5 vote is needed, and it has not been the City's policy to put in street projects without a majority in favor of it. It was agreed the Staff will research the item further using the information received this evening. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, that the Council approve the following Items in the amended Agenda tonight: 12. Approve Salaries 13. Peach Associates, Inc., Contract 18. Accept Resignations/Equestrian Council Members (John Bills, Carol Kelly) 19. Accept Feasibility Report/University Avenue/IP92-25 and setting Public Hearing date of February 2, 1993 (See Resolution R224-92) -. . . . .. - Andover City Council Meeting Minutes - December 15, 1992 Page 9 (Non-Discussion Items, Continued) 22. Accept Streets/Leeman Lake Estates (See Resolution R225-92) 24. Receive November Financial Statements 25. Transfer Funds/Sewer Trunk Fund to Sewer Operating Fund 26. Adopt Resolution/Budget Adjustments (See Resolution R226-92) 27. Release Escrow/Kensington Estates 6th Addition 30. Reduce Escrow/Winslow Hills 2nd 31. Reduce Escrow/Kensington 1st & 5th Motion carried on a 4-Yes, I-Absent (Smith) vote. FIRE DEPARTMENT: PURCHASE AMCUS EXTRICATION TOOL/ORDINANCE 42 AMENDMENT Mayor Orttel explained the Fire Department is intending to begin response from specific Stations as needed; however, Station 3 needs an Amcus Extrication tool to be able to respond to accidents. Fire Chief Dale Mashuga stated the cost of the unit, which will be compatible with the other units the Department has, is $13,579. There are some funds remaining from the salaries plus several other line items. In the long run, it will be cost efficient because the number responding to calls will be reduced. Discussion was on the budgeting of salaries for the Department. Chief Mashuga explained it is difficult to budget for this item because it depends on the number of calls and number responding over the course of the year. MOTION by Jacobson, Seconded by McKelvey, that we authorize the Finance Director of the City to reserve $13,570 plus sales tax and any shipping charges to be carried over to the 1993 budget out of the Fire Department salary line item; the money to be used to purchase a piece of equipment known as the Amcus Extrication Tool. Motion carried on a 4-Yes, 1- Absent (Smith) vote. Council agreed to table the proposed amendment to Ordinance 42, which included a change in the term of Fire Chief to two years. Council preferred that the Firefighters discuss the item and make a recommendation prior to Council action. APPROVE CIGARETTE & NON-INTOXICATING LIQUOR LICENSES Council agreed to delete Tasty Pizza from the list requesting Cigarette Licenses, as they have indicated they do not wish to apply for this license. MOTION by Perry, Seconded by McKelvey, the schedule of licenses approved for 1993 as amended. Motion carried on a 3-Yes (Orttel, McKelvey, Perry), I-No (Jacobson), I-Absent (Smith) vote. Andover City Council Meeting Minutes - December 15, 1992 Page 10 SCHEDULE BOARD OF REVIEW MOTION by Jacobson, Seconded by Perry, that we authorize holding the Board of Review on Thursday, April 8, 1993. Motion carried on a 4-Yes, I-Absent (Smith) vote. PURCHASE SPECIAL ASSESSMENT/BUILDING DEPARTMENT SOFTWARE Mr. Sulander explained the software for the Special Assessments is capable of interfacing payment records with the existing finance system. No hardware is needed for this system. Andover would be the third City to purchase this system, which is marketed by the company that sold the City the finance system. The software support agreement includes upgrading and training. The Building Department is also requesting approval to acquire software and hardware for the Building Permit System, which includes two terminals and a cash register with printer to produce receipts. This system will also interface directly into the accounting system. MOTION by Perry, Seconded by McKelvey, authorizing the acquisition of software and support services for special assessment record keeping in the amount of $10,444, as well as the hardware and software for the Building Permit system in the amount of $16,797 (both from Business Records Corporation), with the funds to come from the 1992 extra construction income. Motion carried on a 4-Yes, I-Absent (Smith) vote. APPROVE 1993 WATER AND SEWER BUDGET AND RATES Council questioned the two-cent per 1,000 gallons increase in water rates, as the estimate was a one-cent increase when it was discussed at the special meeting. Mr. Schrantz stated he made the calculations for the increase as he has in the past, using the ENR index. At the special meeting he was making an estimate. Council also questioned the year-to-date revenue for water, in that it would seem that revenues exceed expenses and questioned the need for a rate increase in water. Staff explained the increase is for indebtedness and depreciation, indexed to the ENR so the funds are available when the water towers need to be replaced. To date, however, the funds have never been transferred to a special sinking fund for that purpose. Council felt that the revenues are now able to meet the expenses in the water budget, and that a sinking fund should be established to separate the capital replacement funds. MOTION by Perry, the Resolution establishing the 1993 Water, Sewer and Central Equipment Fund Budgets, but amend the Resolution requesting that the funds that have been collected for water for capital be removed from the operating fund and transferred into a separate account, and that the Finance Director will advise Council prior to the end of the fiscal year as to the amount that can be transferred to a Capital fund. (See Resolution R227-92) Motion carried on a 4-Yes, I-Absent (Smith) vote. Andover City Council Meeting Minutes - December 15, 1992 Page 11 (Approve 1993 Water and Sewer Budget and Rates, Continued) MOTION by Jacobson, Seconded by Perry, the Resolution establishing sanitary sewer rates, sanitary sewer connection charges, effective January 1, 1993, and the second Resolution setting rates for permits, connection fees, services, and water usage as presented to the Council. (See Resolutions R228-92/Sanitary Sewer Rates and R229-92/Water Rates) Motion carried on a 4-Yes, I-Absent (Smith) vote. SET MEETING DATE/AUTO RECYCLERS TASK FORCE Mr. Carlberg explained the Task Force would like to meet with the Council, as well as the City Attorney, to discuss possible amendments to both Ordinance 8 and 44. The Recyclers are suggesting they become a permitted use, but the City's Attorney is looking at changing the non- conforming section to allow them to construct their buildings and to rebuild in the case of a disaster. Councilmember Perry didn't feel the discussions are at a point where the City Attorney should be involved. She felt the burden of proof is on the recyclers in terms of what they will contribute to meeting the ordinance requirements. She is unwilling to make any concessions until a more substantial effort is made by the recyclers. She understood the direction of the Task Force was to come back to the Council with suggestions for phasing in total compliance with the ordinances, not to recommend major changes to the ordinance. She wanted to see a five-year plan and didn't care to look at any ordinance revision until they have looked at the licensing process again in the spring. Councilmember McKelvey wasn't sure he agrees with the ordinance change at this time either. He stated he will carry back to the Task Force that the Council does not wish any major changes to the ordinances until July, after the licensing period. Council agreed it would not meet with the Task Force on December 29, but would consider another date in early 1993. APPROVE REVISED PRELIMINARY PLAT/LEEMAN LAKE ESTATES Councilmember Jacobson asked why the elevations were lowered. Dan Christenson, 165 170th Avenue - explained it was a mistake on the engineer's part. The elevations were incorrectly set the first time, and he caught the mistake a couple weeks ago. As it was, only split entry homes could be constructed on the lots. After talking with Mr. Haas and Mr. Almgren, they indicated the elevations should be changed. Mr. Schrantz stated according to their calculations, the new elevations should not be a problem. MOTION by Jacobson, Seconded by McKelvey, the Resolution approving the revised preliminary plat of Leeman Lake Estates as prepared. (See Resolution R230-92) Motion carried on a 4-Yes, I-Absent (Smith) vote. ~. ~ . -- ~ ... .- ~ Andover City Council Meeting Minutes - December 15, 1992 Page 12 APPROVE FINAL PLAT/LEEMAN LAKE ESTATES MOTION by Perry, Seconded by McKelvey, introducing the Resolution approving the final plat of Leeman Lake Estates as presented. (See Resolution R231-92) Motion carried on a 4-Yes, I-Absent (Smith) vote. RELEASE ESCROW/KELSEY ESTATES Mayor Orttel stated the city incurred some costs, and the developer is concerned that some services are not his. Jerrv Winds chit I - stated all of the normal engineering fees were in a different escrow account, which he has paid off. These are subsequent to the plat. He has not had a chance to analyze the escrow summary, but questioned the $161 charge for engineering. He recommended the Council act as suggested by Staff; and if after analyzing the summary he has some objection, he will send a letter to the City. MOTION by Perry, Seconded by McKelvey, that the escrow from Kelsey Estates in the amount of $564.14 plus interest be released to the developers, Jerry and Carol Windschitl. Motion carried on a 4-Yes, 1- Absent ( Smith) vote. RELEASE GRADING ESCROW/KENSINGTON ESTATES 5TH ADDITION There was some concern on the part of the Council that the grades were changed from the original plan and whether the final plat reflects those changes. Mr. Schrantz explained that was done before the Council asked Staff to bring back all grading changes. At one point all these changes were made by the City Engineers. Jerrv Windschitl - explained when the grading was done, a berm was put in the back yards of several lots to get a separation between the multiples and single family homes. It had no effect on the buildability of the lots. Subsequently, however, most of the homeowners have removed the berms. Also, periodically, the project engineers or City Staff will ask them to make revisions to make a better road. Those changes typically are not revised on the grading plan because TKDA gives an as- built of the road. Any request they have to the grading plan is changed on the grading plan itself and approved. He guessed that there are minor changes made in every plat during construction, all done to improve the proj eeL Mayor Orttel felt that if there are minor grading changes during normal construction, Staff should not have to bring it to the Council. MOTION by Jacobson, Seconded by McKelvey, the Resolution approving the final grading of Kensington Estates 5th Addition, as prepared. (See Resolution R232-92) Motion carried on a 4-Yes, 1-Absent (Smith) vote. Andover City Council Meeting Minutes - December 15, 1992 Page 13 MAYOR-COUNCIL INPUT Frank Stone, Public Works Superintendent, advised the Council he granted an employee a leave of absence; but he has since learned that he should have brought it to the Council. Council noted the action and approved. Mr. Stone stated that costs for the secretary for the Tree Commission have been taken out of the Weed and Tree budget. He requested that all the funds needed to contract for the trimming of trees on 16sth and Tulip be reserved for 1993. MOTION by Perry, Seconded by MCKelvey, to so move. Motion carried on a 4-Yes, I-Absent (Smith) vote. Interview Candidates for Vacant Council Seat - The Council agreed to set the January 5, 1993, meeting as just a business meeting and to set up interviews of the candidates for the Council seat following the meeting. They agreed to interview for two hours, each candidate for no more than 20 minutes; and if there are more applicants, the interviewing will continue on Wednesday, January 6. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Perry, approval of the Claims on the run on 12-11-92 as presented to the Council with the addition of one additional payment to J & B Fabricating Repaint and Repair Tanker in the amount of $1,662.00, which would bring the total amount of the Schedule of Bills to $936,632.66. Motion carried on a 4-Yes, I-Absent (Smith) vote. MOTION by Perry to adjourn. Mayor Orttel declared the meeting adjourned at 10:37 p.m. Respectfully submitted, ~-~~L- Ma lla A. Peach Recor ~ g Secretary