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HomeMy WebLinkAboutCC October 20, 1992 CA. CITY of ANDOVER Regular City Council Meeting - October 20,1992 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Assessment Hearing/92-7/Grace Lutheran Church Watermain 2. Assessment Hearing/92-9/176th Lane/Bituminous Streets 3. Request for Building/Wilber Auto Parts 4. Garbage Hauler Licensing & Ordinance 5. Discussion/Taxi Service, Flower Delivery, Jump start Business/Harefield Farms 6. Eidelweiss Street Discussion 7. Approve Stop Signs/143rd & xenia Street 8. Kelsey Estates Discussion Staff, Committees, Commissions 9. Request/Transfer of sick Leave 10. Capital Purchase of Park Replacement Mowers 11. Award Bids/Pickup w/plow 12. Animal Control Contract 13. Accept Resignation/Cable Commissioner 14. Schedule Meeting/Canvass Election Results 15. Approve Bids/Electric & plumbing/Senior Center 16. City Hall Park Complex Discussion 17. Code Enforcement Officer/GIS Person Discussion, Cont. 18. Appoint Representative/Community School Advisory Comm. 19. Approve Joint Powers Agreement w/Ham Lake/University Ave. Non-Discussion Items 20. Accept petition/92-24/Andover Boulevard 21. Approve stop Signs/Guarani & 147th Avenue 22. Receive September Financial Statements & 3rd Qtr. Report 23. Declare Cost/Waive Hearing/Approve Assessment Roll/Hidden Creek East 4th Addition 24. Order Feasibility Report/university Avenue/92-25 25. Accept Easements/92-8/Pinewood Estates Trunk 26. Approve Plans & specs/Wood1and Creek 3rd/92-20 27. Approve Change Order/91-27 to 92-20 (Woodland Creek 3rd) Mayor-Council Input Approval of Claims Adjournment _ 4·' REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 20, 1992 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · · 2 ASSESSMENT HEARING/IP92-7/GRACE LUTHERAN CHURCH WATERMAIN Resolution R197-92 adopting assessment roll · · · · · · · · · · 2 ASSESSMENT HEARING/IP92-9/176TH LANE/BITUMINOUS STREETS · · · · · · 2 Resolution R198-92 adopting assessment roll · · · · · · · · · · 3 GARBAGE HAULER LICENSING AND ORDINANCE Motion to send to Planning and Zoning Commission · · · · · · · · 3 DISCUSSION/TAXI SERVICE, FLOWER DELIVERY, JUMP START-HAREFIELD FARMS 3 EIDELWEISS STREET DISCUSSION · · · · · · · · · · · · · · · · · · · 4 Motion to form committee · · · · · · · · · · · · · · · · · · · · 7 APPROVE STOP SIGNS/143RD AND XENIA STREET . · · · · · · · · · · · · 7 Motion to approve · · · · · · · · · · · · · · · · · · · · · · · 8 NON-DISCUSSION ITEMS Accept resignation/Cable Commissioner · · · · · · · · · · · · · 8 Joint Powers with Ham Lake/University Avenue . . . . . . . . · · 8 Approve stop signs/Guarani and 147th Avenue ........ · · 8 Receive September Financial Statement & Third Quarter Report · · 8 Resolution R199-92 declaring cost/Hidden Creek East 4th · · · · 8 Resolution R200-92 waiving hearing/Hidden Creek East 4th · · · · 8 Resolution R201-92 approving assessment roll/Hidden Creek 4th · 8 Resolution R202-92 ordering feasibility/University Ave · · · · · 8 Accept easements/IP92-8/Pinewood Estates trunk · · · · · · · · · 8 Resolution R203-92 approving plans & specs/Woodland Creek 3rd · 8 Resolution R204-92 approving change order/IP92-17-92-20/Woodland 8 KELSEY ESTATES DISCUSSION . · · · · · · · · · · · · · · · · · · 8 Motion to inspect and draw on bond if necessary · · · · · · · 9 REQUEST/TRANSFER OF SICK LEAVE Motion to approve and forward to Personnel Committee · · · · · 10 CAPITAL PURCHASE OF PARK REPLACEMENT MOWERS Motion to purchase two Toro mowers · · · · · · · · · · · · · · 10 AWARD BIDS/PICKUP WITH PLOW Motion to purchase 4x4 with plow from Art Goebel Ford · · · · 10 ANIMAL CONTROL CONTRACT Motion to cancel existing contract/contract with Anoka Humane 11 ACCEPT RESIGNATION/CABLE COMMISSIONER Motion to appoint Don Jacobson · · · · · · · · · · · · · · · 11 SCHEDULE MEETING/CANVASS ELECTION RESULTS Motion to schedule on Thursday, November 5 · · · · · · · · · · 11 APPROVE BIDS/ELECTRIC AND PLUMBING/SENIOR CENTER Motion to accept electrical bid/advertise for plumbing · · · · 11 CITY HALL PARK COMPLEX DISCUSSION Motion to develop park complex south of City Hall · · · · · · 11 CODE ENFORCEMENT OFFICER/GIS PERSON DISCUSSION Motion for position of Code Enforcement/withdrawn · · · · · · 12 Motion for position of Code Enforcement and GIS · · · · · · · 12 APPOINT REPRESENTATIVE/COMMUNITY SCHOOL ADVISORY COMMITTEE Motion to appoint Marge Perry · · · · · · · · · · · · · · · · 13 ACCEPT PETITION/IP92-24/ANDOVER BOULEVARD Resolution R205-92 accepting petition · · · · · · · · · · · · 13 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 13 CA. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 20, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Ken Orttel on October 20, 1992, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, McKelvey, Perry, Smith Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson BRA Engineer, Shawn Gustafson City Planner, Dave Carlberg City Engineer, Todd Haas Building Official, Dave Almgren Public Works Superintendent, Frank Stone City Finance Director, Daryl Sulander City Administrator, James Schrantz Others RESIDENT FORUM Dan Barnes , 1836 Andover Boulevard - stated their well went dry when the City did the sewer project along Andover Boulevard. They have been promised many things, but nothing has been done yet. There is a hose hooked up to a neighbor's well; however, it freezes every night so they have had no water in the mornings. Mr. Davidson stated the contractor was supposed to fix that. If it is not done tomorrow, the City will wrap the line so it doesn't freeze and withhold the costs from the contractor's final payment. Tonight the City should approve the plans and specifications for the watermain to be laid in Andover Boulevard yet this year, so there will be potable water in the street. Mr. Barnes - stated when the City destroys his well, who will pay for his water hookup. His well was 17 to 19 feet deep; legal at the time he bought the house but illegal now. Mayor Orttel explained where the City is providing utilities such as sewer and water, it is a legal activity which sometimes affects shallow wells. In the past the City has allowed the hookup of municipal water to be assessed rather than paid. He felt something can be worked out in a similar manner, understanding these things happen when there is dewatering. Todd Kroft, Dennis and Karen Richner. 177th and 178th area - requested Andover to revise Ordinance 87 regarding ATV use. They are asking for a legal right to ride ATVs within the City limits of Andover, feeling they have just as much right to ride their machines as snowmobilers do. They feel ATVs do not cause as much damage to the ditches as snowmobiles do, especially the last few winters where there has been little snow. They specifically requested the right of ATVs to be driven in the ditches north of County Road 20 to keep them away from the more populated residential areas. By allowing them to ride in the road diches, they will be able to access areas where the State guidelines Regular Andover City Council Meeting Minutes - October 20, 1992 Page 2 (Resident Forum, Continued) allow ATV use. Oak Grove is one of those areas. They explained the problem they have now of getting their ATVs to Oak Grove, just one quarter mile away since they are not allowed to ride in the road ditches, and outlined the conflicting information they received from various Andover deputies about the City's ordinance. Mr. Kroft also alleged discriminating actions by a City employee toward a female resident inquiring about this issue. Mayor Orttel explained the uses were outlawed because of the many abuses occurring in the City. There have not been any problems since the ordinance was enacted. Bonnie Dehn, PlanninG and ZoninG Commission Chairperson - stated they use an ATV for their farming operations. Before this ordinance, they had a lot of vandalism in their fields from ATV users. Council agreed this is an issue for the Planning Commission to review and make recommendations. Mayor Orttel recommended those interested should attend the Planning Commission meeting at which this will be discussed. AGENDA APPROVAL Delete Item 3, Request for Building/Wilber Auto Parts; Add 19a, Closed Meeting with City Attorney regarding litigation. MOTION by Jacobson, Seconded by Perry, the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES Oct. 6, 1992: Page 2, Paragraph 2, fifth line, should be "combining" . MOTION by Perry, Seconded by McKelvey, approval of the Minutes with the one correction. Motion carried on a 4-Yes, I-Present (Smith) vote. ASSESSMENT HEARING/IP92-7/GRACE LUTHERAN CHURCH WATERMAIN MOTION by McKelvey, Seconded by Smith, a Resolution adopting the Assessment Roll for the improvement of watermain construction for Improvement Project 92-7 for certification. (See Resolution R197-92) Motion carried unanimously. ASSESSMENT HEARING/IP92-9/176TH LANE/BITUMINOUS STREETS Mr. Gustafson reviewed the project cost and proposed assessments for the 176th Lane street construction project. The per unit cost is $5,626 for each of the five units, which is 4.3 percent over the estimate given at the public hearing. Mr. Schrantz explained the first year's assessment payment will be somewhat higher because of the interest accrued in 1992 from the adoption of the roll this evening to December 31, 1992. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 3 (Assessment Hearing/IP92-9/176th Lane/Bituminous Streets, Continued) Council recalled that some of the residents in this project are senior citizens. Mayor Orttel stated the Council did update the deferment policy and that people should contact the City Hall if they wish to apply for that deferral. MOTION by Jacobson, Seconded by Smith, The Resolution adopting the Assessment Roll for the improvement of street construction for Improvement Project 92-9 for certification. (See Resolution R198-92) Motion carried unanimously. GARBAGE HAULER LICENSING AND ORDINANCE Mayor Orttel explained the City is required to license all garbage, recycling and refuse haulers, plus require all premises and properties within the City to dispose of garbage and refuse in a sanitary manner. Mr. Carlberg stated this ordinance will not change the way refuse is collected in the City. The question of assigning territories to the haulers will be addressed following the results of the resident survey which will be distributed through the school system. Mayor Orttel asked if residents would be able to share pickups and costs of the disposal. Mr. Carlberg stated yes; it must be properly disposed of. Though there is no legal requirement to hold a public hearing, the Council preferred to have the ordinance reviewed by the Planning Commission and to solicit public input. MOTION by Jacobson, Seconded by Perry, that the City Council postpone the Garbage Ordinance and send it to the Planning and zoning commission for reviewal and recommendations to the Council, and have it back to the Council within a month. Motion carried unanimously. DISCUSSION/TAXI SERVICE, FLOWER DELIVERY, JUMP START BUSINESS -- HARFIELD FARMS Earl Blum, Harefield Farms - stated they want to put in a gift center and floral shop. Delivery will be required, so they will need a delivery truck. That is how the taxi cab service came about. The City of Andover is in need of some kind of taxi cab service. They would start with two units. They are also considering a jump start service, but they would not be servicing through Harefield Farms. Mr. Carlberg noted the ordinance does not address taxi services. It is also Staff's opinion that a jump start service is considered more of a function of a repair garage or service station, though the ordinance does not address it for those uses. One of the concerns of Staff is the combining of too many diversified uses on one parcel. Attorney Hawkins advised the taxi service use is excluded per the ordinance. Mayor Orttel felt taxi services probably were not addressed because it was not thought of when the ordinance was originated. He thought it should be looked at again and the ordinance brought up to date in that regard. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 4 (Discussion/Uses/Harefield Farms, Continued) After discussion, the Council generally did not have a problem with the delivery service of floral products, as that is a generally accepted practice of that business and no special permit is needed for that. However, they did not favor a jump start business on that parcel, feeling that use is beyond the scope of the floral/gardening business and that it is not in the best interest of the City to have so many diversified uses on one parcel. They also suggested the Planning Commission consider updating the ordinance relative to taxi services. EIDELWEISS STREET DISCUSSION Mayor Orttel briefly reviewed the discussions of the October 6, 1992, regular meeting at which the residents asked that Eidelweiss Street be extended as an outlet from Woodland Creek 3rd to Bunker Lake Boulevard. One concern is the City's need to connect the watermain from Woodland Creek 3rd to Bunker Lake Boulevard, either down Eidelweiss Street or along the east side of the Crooked Lake School property. Attorney Hawkins advised the City has no express authority in the State law to condemn school property. It does have complied authority to condemn if the use is consistent with the use already there. In this case the City would be going through the playground and natural area with a road and utilities, which in his opinion are not consistent with that use. Dick Nvbeck, Operations and Facilities Director, School District #11 - stated the School District has always been willing to cooperate with the City; however, in this case, they are finding it quite difficult because a roadway on the east side of their property would create a safety issue in the playground and access to the nature center, plus it would reduce the size of the playground, which is not overly large as it is. He read a letter from the Principal of Crooked Lake School, also signed by a number of faculty and Staff, opposing the extension of Eidelweiss down the east side of the school property because 1) It reduces the size of the playground space; 2) It creates a safety and access issue to the Eagle Scouts Nature Center; 3) It creates a safety hazard to the students at the east side of the playground. Now the playground is self-contained; 4) It creates an additional unsafe crossing corner for segments of the walking students; 5) It would create additional noise to the Crooked Lake environment. Councilmember McKelvey asked whether the District would be more amenable to a road along the western edge of the property between the school and Meadowcreek Church. Mr. Nvbeck - stated he had not looked at that alternative. It would eliminate some of the hazards on the east side, but they would have to look at the possible safety hazard on the playground and on the exit for the school and for Meadowcreek. Councilmember Jacobson did not feel the access along the west edge of the school is an option. It would be about 1,000 feet long affecting both schools. The road would go very close to the classrooms in Crooked Lake, plus there are a number of very large oak trees along the western property line. He noted the memo from the City Fire Marshal, which Regular Andover City Council Meeting Minutes - October 20, 1992 Page 5 (Eidelweiss Street Discussion, Continued) states that in the opinion of the Fire Department, a through street is needed in that area for health, safety, fire and police protection. He questioned the sight distances from Eidelweiss onto Bunker Lake Boulevard as noted in the letter from the Anoka County Highway Department, personally feeling it is much longer. Also, he did not feel the church and school would be assessable for the road between them. The costs for building in that location would be much higher than on the proposed east side of the school. Mayor Orttel read the October 13, 1992, letter to the City from Jon Olson, Deputy County Engineer, in which he states the intersection of Eidelweiss Street and Bunker Lake Boulevard does not meet the sight distance requirements. They would prefer a major intersection created between the church and school on Bunker Lake Boulevard which has the possibility of signalization in the future. Mayor Orttel also stated that in Staff discussions with the county on this issue, a comment was made that in the future the county would actually prefer to see the current Eidelweiss Street closed off at Bunker Lake Boulevard and traffic routed north. It was also his understanding that with the upgrading of Bunker Lake Boulevard, there will be a median at Eidelweiss Street, so traffic will only be able to take a right turn. Dave Weineqer. 13915 Ivvwood Street - handed several items of information to the Council. As a spokesperson for the residents in Woodland Creek, they feel it is important that a second access be provided through woodland Creek 3rd Addition. He looked at all the other subdivisions in the City that have only one exit. He found that their subdivision, with the addition of Woodland Creek 3rd, will have more homes than any other subdivision in the City having only one access/exit. He also found that in 1987 and 1988 when the City was reviewing their plat, the Andover Review Committee suggested 138th and 140th be 66 feet wide, but the P&Z suggested they be 60 feet wide with the intent that there will be another access from the 3rd Addition. It was never intended that 139th would carryall the traffic through their subdivisions. Also, the March 24, 1987, Planning Commission Minutes, Page 3, indicates the developer, Mr. Carlson stating Eidelweiss Street would be continued to the north. He felt it is the responsibility of the City Council now to find a viable option for another access. Lawrence Carlson. Woodland Development - objected to the accusations that they misrepresented the exit from the Woodland Creek 3rd Addition and was upset about the statements going around that neighborhood that are not true. He asked specifically when he did not keep his promise. He stated no one has lied or misrepresented the facts. He explained the statement in the Planning Commission Minutes related to Eidelweiss going north on their property, not north from Bunker Lake Boulevard. They as developers have no jurisdiction for anything outside of the land they own. They do not own, nor do they control, the land south of Woodland Creek 3rd. The plat was changed two or three times during the platting stage at the request of the City in an attempt to make it work. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 6 (Eidelweiss Street Discussion, Continued) ?? - stated they haven't dealt with Mr. Carlson personally, but they were told by Byron Westlund that Eidelweiss would be going through, that the City was going to condemn the property and put the road through. Others from the audience mentioned they had talked to Woodland Development representatives and were told that Eidelweiss would be going through. Both Byron and Pat Westlund stated they didn't remember speaking to the specific individuals and that they did not indicate that Eidelweiss would be extended because they do not control what is outside of their plat. Some discussion continued between Mr. Carlson and members of the audience as to what was said and what was represented. Mayor Orttel noted that when the plat was approved, Marigold was a unique street with no houses facing on it, the first of its kind in Andover, because the intent was to carryall the traffic from the subdivision. A resident asked what happens to those on the existing Eidelweiss if the county requires the road to be cul-de-saced at Bunker Lake Boulevard and there is no exit to the north. Mayor Orttel stated that is something the county would like in the future; it is not a certainty. If that ever did happen, those along Eidelweiss would have to exit through Woodland Creek, creating an even greater traffic problem in that area. A big problem is even if Eidelweiss is extended, the intersection would not meet warrants for a traffic light, which would make that a very dangerous intersection. Keith Jesser, 3118 139th Avenue - proposed another alternative for an access from their development. He showed an aerial photo of the vicinity which also indicated the county's proposed upgrading of Bunker Lake Boulevard. The county indicated to him there would be no median at Eidelweiss so traffic could go either way. However, his proposal was to run Eidelweiss from Woodland Creek 3rd straight south along the school's east property line, to improve that intersection at Bunker Lake Boulevard for traffic and school buses, remove the temporary traffic signals, and close off Eidelweiss Street at Bunker Lake Boulevard and have the traffic from that neighborhood exit to the north to connect with the "new Eidelweiss" immediately north of their neighborhood. The Eidelweiss residents would retain their quiet deadend street, the school would have a controlled access, there would be a permanent traffic signal at Bunker Lake Boulevard for a controlled access, including a pedestrian crossing. He felt a tall fence could be constructed along the eastern edge of the school playground to provide protection and safety for the children. The parking situation at Crooked Lake School when there are events involving parents would also be somewhat alleviated. Mr. Jesser stated there are other things that could also be considered to make this less painful for everyone. Mayor Orttel felt this is an option worth looking at. Robert and Linda Zdenek. Eidelweiss Street - were concerned with reducing the size of an already small playground for an access road. Someone asked whether the speed will be lowered along Bunker Lake Boulevard. Mayor Orttel noted the process the State uses when determining speed limits and the past history on that road, but he felt another study should be requested again. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 7 (Eidelweiss Street Discussion, Continued) Roqer , 3224 139th Avenue - was surprised when he heard that there was a controversy about extending Eidelweiss Street. When he bought the property, he saw on a dotted line on the Woodland Development literature indicating Eidelweiss would go through. If he had known all the traffic would come down 139th, he would not have purchased there. He feels he was mislead. He also asked if the new development has been approved or can it be stopped. Council stated the development has already been approved. The City did require Eidelweiss to go to the property line. Woodland Development representatives showed their literature, which does not indicate anything outside of their property. MOTION by Jacobson, Seconded by Perry, that we have the Mayor appoint one person from the Council and have some of the concerned citizens from the subdivision talk among themselves and appoint one or a maximum of two people and anyone else who feels should be on the committee and talk with the school officials as to some potential with route alignments, or whatever. DISCUSSION: Councilmember Jacobson stated that without school board approval, legally there is not much the City can do about the street extension utilitizing the school's property. He stated he would be available as an advisor for this committee. There was some confusion about whether or not a center island is planned on Bunker Lake Boulevard when it is upgraded. Mr. Schrantz stated the county would leave it open if Eidelweiss only served the existing six houses; but they would put in the center island for a larger traffic volume. Councilmember Perry clarified that it is the City's responsibility to plan the street locations and accesses, not the developer's. The developer was following the guidelines given to him by the City. She asked that the committee determine whether or not having only one access for the size of this subdivision is a very unique situation and suggested that someone with an engineering and planning background be included. She also commended the residents on their research and presentation of information this evening. Mayor Orttel asked for volunteers from the Council, the community, the school and the church. He will make a decision regarding five members for the committee shortly. Motion carried unanimously. APPROVE STOP SIGNS/143RD AND XENIA STREET Mike Nolar, 14318 Woodbine Street - stated when they moved to the neighborhood four years ago, there were only three accesses into the development of 120 homes. Now he is concerned with the safety of his children and those in the neighborhood with the 170 homes being built in Meadows of Round Lake. It is like a thoroughfare coming from Round Lake Boulevard to Seventh Avenue, and most of the traffic comes in and out of 143rd via Round Lake Boulevard. They are asking for an all-way permanent stop sign at the corner of 143rd Street NW and Xenia Street. Mr. Haas stated the multiway stop installation does not meet warrants. Council understood the impact the traffic from the new development has caused. They also asked concerned residents to speak to the traffic problems at the hearing on the City's request for the extension of Eldorado Street. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 8 (Approve Stop Signs/143rd and Xenia Street, Continued) MOTION by Smith, Seconded by Jacobson, that we make the stop signs permanent and add the addition of the third stop sign on 143rd and xenia with the understanding that when Eldorado Street is extended to CoRd 116, the intersection would go back to one stop sign. Don Leqqe, Vintaqe Street - stated he was unaware of the neighborhood petition, but also expressed support for the stop signs because of the enormous increase in traffic through their neighborhood. Residents also asked about signing for the park. Mr. Haas stated he will put up the playground sign for the park shortly. Motion carried unanimously. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Smith, the City Council accept in the affirmative the Agenda Items Numbered: 13. Accept Resignation/Cable Commissioner (See Page 11) 19. Approve Joint Powers Agreement with Ham Lake/University Avenue 21. Approve Stop Signs/Guarani and 147th Avenue 22. Receive September Financial Statement & Third Quarter Report 23. Declare Cost (See Resolution R199-92)/Waive Hearing (See Resolution R200-92)/Approve Assessment Roll (See Resolution R201-92/Hidden Creek East 4th Addition 24. Order Feasibility Report/University Avenue/IP92-25 (See Resolution R202-92) 25. Accept Easements/IP92-8/Pinewood Estates Trunk 26. Approve Plans and Specs/Woodland Creek 3rd/IP92-20 (See Resolution R203-92) 27. Approve Change Order/IP9t-~7 to 92-20 (Woodland Creek 3rd) (See Resolution R204-92) Motion carried unanimously. KELSEY ESTATES DISCUSSION Mr. Schrantz stated the memo in the Council Agenda is of frustration with the developer of Kelsey Estates. The fertilizer was not put down in the boulevards per specs, and now it is too late. The boulevards have not been mowed. There is a problem with the roads, and the Maintenance Bond for the streets expires on October 23. In the past, the City has not issued building permits when work has not been done. Jerrv Windschitl. Developer - stated the boulevard is mowed, though there is nothing in any Andover specification that requires them to be mowed. He felt the plat has had two problems, one being the endless discussion dealing with the park. He stated the City did possess a memo which clearly laid everything out and could have saved a lot of time on the issue. The second issue deals with the roads. The City took away all Regular Andover City Council Meeting Minutes - October 20, 1992 Page 9 (Kelsey Estates Discussion, Continued) of his control for the road project. He paid the costs, but the City hired the consulting engineer who then reported to the City. If there is a problem with the roads, it is not something he created. All tests were done and approved at the time the road was constructed. Mr. Windschitl also spoke to the issue of the fertilizer. He talked to Mr. Haas about it, noting experts told him the specs called for the wrong fertilizer and even that it was not needed with the type of seed that was planted. But he was willing to do it. He didn't understand the memo and was offended by the comments of the City Administrator about not issuing building permits until the plans and specs are met. He stated the other time that was done has no similarities to mowing weeds. Mr. Haas stated he will inspect the boulevards regarding the mowing. But there is definitely a problem with the roads. The City's inspectors were not on the site 100 percent of the time when the subgrade work was done. They have found some clay under the blacktop which has caused it to fracture. The developer or contractor should fix those areas or the City should have it done using the Maintenance Bond funds. Mr. Windschitl said he was told by City Staff about three weeks ago that the only item left was the asphalt contractor had to fix the bird baths that were in the bituminous. He believed the contractor fixed them. He said that when the roads were done, the City's consultant was on site, as well as City Staff. The consultant did density tests and had complete control of the site, and he was there both during the Class 5 and blacktopping process. He required a test roll to be done. He understands that when some core samples were done, three of the five samples flunked the test; however, the entire process was supervised and approved by the City's consultant. He again stated he had no control over what was done on this project; but now he is being lambasted for something he could not control. Mr. Schrantz stated the problem is with the subgrade. There appears to be pockets of clay beneath the pavement. If the birdbaths have been repaired, it is okay. They will look into it further. In the future they will have to do more inspections on the two feet of subgrade to see what goes in there and have development contracts with the developers. Mr. Haas stated they will ask the contractor to extend the Maintenance Bond for another six months. Council directed Staff to inspect the development. If additional repair work needs to be done on the bituminous, the costs are to be applied to the Maintenance Bond. MOTION by Jacobson, Seconded by McKelvey, to authorize Staff to inspect; and if it is not done, to draw on the bond. Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 10 REQUEST/TRANSFER OF SICK LEAVE Council discussed the request to approve the transfer of sick leave and vacations hours. One employee has had open heart surgery, is now recovering from that survey, but has not built up the amount of sick leave needed for recuperation. There is no policy regarding donations of sick leave and vacation hours from employees to other employees; however, it is done in other cities. Attorney Hawkins stated there is nothing in the law that prohibits this. Discussion was on the proposal, with some debate as to whether or not the donation should be allowed of vacation time. There was also discussion on whether the donation would be at the employee's rate of payor hour-for-hour. Mr. Almgren stated he did not have an opportunity to sign the donation list, but he will donate 40 hours of sick leave. Both he and Mr. Stone stated the employees are not concerned about the rate of pay. They just wish to donate in good faith. Council agreed that for now they would allow the donation at the employee's salary and direct the item to the Personnel Committee. MOTION by Jacobson, Seconded by Smith, that the City Council approve the employees' idea of donating sick leave and vacation hours to Mr. Bill Kellermann due to his long recuperative stay, and to authorize the transfer of sick leave and vacation hours from other employees to him for his recuperation. We also pass to the Personnel Committee the question of making a City policy on this matter which would apply to all employees at a later date and have them report back to us at a later date. Motion carried unanimously. CAPITAL PURCHASE OF PARK REPLACEMENT MOWERS Mr. Stone reviewed the bids for the purchase of two new Toro mowers for the Park Department. He is recommending the Toro because the existing attachments will not fit on a John Deere mower, and it would be an additional cost of almost $700 for new attachments. MOTION by perry, Seconded by Jacobson, that the Andover Public Works Depart. be authorized to purchase from MTI Distribution Co. in Plymouth the two Toro mowers for a total price of $21,979.47, with the money to come out of the 1992 Capital Purchases. Motion carried unanimously. AWARD BIDS/PICKUP WITH PLOW MOTION by McKelvey, Seconded by Smith, to approve the purchase of a 3/4 ton 1993 Heavy Duty F250 4x4 with Boss Plow from Art Goebel Ford in the amount of $24,156.34. Motion carried unanimously. The Council recessed at 10:24 to meet with the City Attorney regarding the Windschitl lawsuit; reconvened at 10:40 p.m. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 11 ANIMAL CONTROL CONTRACT MOTION by Jacobson, Seconded by Smith, that we authorize Staff and Mayor to send a letter to the existing animal control service giving notice of termination of contract and that we authorize the Mayor and City Staff to enter into an agreement with the Humane Society of Anoka County to provide such services for the remainder of the existing contract, whatever that may be; subject to review of the contract for its legality by the City Attorney. Motion carried unanimously. ACCEPT RESIGNATION/CABLE COMMISSIONER, CONTINUED MOTION by Orttel, Seconded by Perry, recommending Don Jacobson be appointed the cable representative for the City of Andover. Motion carried on a 4-Yes, 1-present (Jacobson) vote. SCHEDULE MEETING/CANVASS ELECTION RESULTS Staff recommended the Council meet on Thursday, November 5, 7:30 p.m., to canvass the results of the election. MOTION by Smith, Seconded by Perry, to so move. Motion carried unanimously. APPROVE BIDS/ELECTRIC AND PLUMBING/SENIOR CENTER Mr. Carlberg explained only one bid was received for the electrical work and no bids were received for the plumbing work. He asked for approval of the electrical bid and to re-advertise for the plumbing work and approve it if it is not more than $2,000. MOTION by Smith, Seconded by Perry, to accept the bid for electrical work (John Ess and Sons, Inc. , $1,750) and authorize Staff to continue soliciting bids not to exceed $2,000. Motion carried unanimously. CITY HALL PARK COMPLEX DISCUSSION Council noted the recommendation from the Park and Recreation Commission to expand the City Hall Park Complex to the parcel of land the City is acquiring from Walter Laptuda just south of the Public Works/Fire Station Building. MOTION by Jacobson, Seconded by McKelvey, that the City Council accept the recommendation of the Park Board for the use of what is known as the Walter Laptuda property in the SW 1/4 of the SE 1/4 of Section 22-32-24, and allow the Park Board to begin planning for the development of the property in conjunction with the school. Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 12 (City Hall Park Complex Discussion, Continued) Jeff Kieffer, Park and Recreation Commission Chairperson, asked who should do the grading plans, Staff or hire a consultant. Mr. Haas stated he could try. The county has a concern with the runoff to their road, and he might need some help with that. Council suggested he come back with a request and cost estimate if additional help is needed. CODE ENFORCEMENT OFFICER/GIS PERSON DISCUSSION, CONTINUED The Council discussed the recommendation made by the Personnel Committee to create positions for a Code Enforcement person and a GIS person. Staff estimated a full-time Code Enforcement person with benefits will cost about $33,000 per year. To fund both positions would require additional funds of $8,000. The GIS equipment can come from the Mapping Fund. The Code Enforcement position would also be a Building Inspector, so the current contract Building Inspector would be eliminated. There was concern about the funding and the amount of time needed for the various duties, especially the secretarial items of the Code Enforcement position. Mr. Carlberg stated he can handle the zoning calls, but the clerical work is the concern, to keep up with all the typing. Mr. Schrantz stated if the Public Works Secretary could be taken from the Water and Sewer Budgets, that secretary could be brought back to help with the zoning items. He would also lik~ to move the 24-hour person under his immediate supervision. Mr. Almgren stated the 1992 budget for the Building Department was based on about 305 homes, but over 400 permits have already been issued this year. The 1993 revenue is based on about 330 homes. He didn't think money is the problem. MOTION by Perry, Seconded by Smith, that we authorize the advertising for the position of Code Enforcement Person for the City of Andover with the intent that the individual be hired as soon as possible and that we continue with the part-time 24-hour position of Zoning Administrator. The funding for the position of Code Enforcement will be the monies that has been provided for the contract, plus the additional $8,000 to cover the benefits associated with the full-time employee be funded for the year 1993. DISCUSSION: Mayor Orttel questioned what the 24-hour position of Zoning Administrator would do if the Code Enforcement position is being created. Isn't that duplication? Councilmember Jacobson was unclear how all this would fit together. Councilmembers Smith and Perry WITHDREW the Second and the Motion. MOTION by Perry, Seconded by Smith, that the Andover City Council authorize the advertising for a Code Enforcement individual whose duties will be as described in the job description prepared by City Staff. I further move that the 24-hour part-time position which is currently titled Zoning Administrator be redefined as GIS Data Specialist and be funded for the year 1993; and that support software necessary for the Government Information Service program be purchased through the Mapping Funds which are available from the 1992 budget. Motion carried on a 4- Yes, I-Present (Jacobson) vote. Regular Andover City Council Meeting Minutes - October 20, 1992 Page 13 APPOINT REPRESENTATIVE/COMMUNITY SCHOOL ADVISORY COMMITTEE MOTION by Smith, Seconded by McKelvey, to appoint Marge Perry as the representative to the Community School Advisory Committee. Motion carried on a 4-Yes, 1-present (Perry) vote. ACCEPT PETITION/IP92-24/ANDOVER BOULEVARD Council questioned if the number of property owners in favor of the project meets the City's criteria. Mr. Schrantz stated the project will only go to the entrance of the Pinewood Hills plat. Sewer is in; water will be there. Mayor Orttel noted the residents have been told if the cost is too much, they can hook up at their leisure. MOTION by Perry, Seconded by Smith, a Resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of sanitary sewer, watermain, street and storm drain, Project No. 92-24. (See Resolution R205-92) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Perry, Seconded by McKelvey, approval of the Schedule of Bills dated 10-15-92 in the amount of $1,051,338.65. Motion carried unanimously. Council asked that in the future they approve the contracts for the stripping of the roads. MOTION by Smith to adjourn. Mayor Orttel declared the meeting adjourned at 11:33 p.m. Respectfully submitted, ,~~J---- Marcella A. Peach Recording Secretary -