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HomeMy WebLinkAboutCC August 3, 1993 ~ CITY of ANDOVER Regular City Council Meeting - August 3, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Special Use Permit/Construction of Accessory Structure, Cont. 2. Variance/Construction of Accessory structure Closer to Front Lot Line/1054 - 161st Avenue 3. Variance/Construction of Single Family Home/175xx Round Lake Blvd. 4. Amended Special Use Permit/Dover Kennels 5. Request Access ChangejWDE Site 6 . Variances/3480 Bunker Lake Boulevard 7. sketch Plan/SuperAmerica 8. Approve Woodland Pond Preliminary Plat 9. Accept Feasibility ReportjWoodland pond/93-14 10. Amend Ordinance 8, Section 8.08 Staff, Committees, Commissio.1s 11. Approve Plans & Specs/93-SjWinslow Hills 3rd Addition 12. Approve Street Spec Change, Cant. 13. Approve Purchase of 1994 S10 Blazer & Radio 14. Repair/Replacement of Warning Sirens 15. Personnel Committee Recommendations Non-Discussion Items 16. Reject BidsjWeybridge 3rd/92-l9 17. Approve Plans & Specs/92-27/commercial Boulevard 18. Award Bid/93-16/Sealcoating 19. Approve Final Payment/92-15/Hidden Creek East 5th 20. Accept Assessment Roll/Order Hearing/90-17 21. Approve Amendment to Joint Powers Agreement/LRRWMO 22. Approve Final PlatjWoodland Pond 23. Approve Amendment to Development Contracts 24. Approve Joint Powers Agreement/Public utilities usage/Sewer 25. Receive June Financial Statements 26. Transfer Funds & Close Fund 338 27. Delegate Authority to Pay Claims 28. Authorize Ad/planning & Zoning Commission Member Mayor-Council Input Approval of Claims Adjournment -- -. "- ---- - -. REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 3, 1993 TABLE OF CONTENTS RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 3 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 3 VARIANCE/CONSTRUCTION OF ACCESSORY STRUCTURE CLOSER TO FRONT LOT LINE/1054 161ST AVENUE Resolution R170-93 approving variance request · · · · · · · 3 VARIANCE/CONSTRUCTION OF SINGLE FAMILY HOME/175XX ROUND LAKE BLVD 3 Resolution R171-93 Denying variance request · · · · · · · · 4 AMENDED SPECIAL USE PERMIT/DOVER KENNELS Resolution R172-93 granting Permit · · · · · · · · · · · · · 4 REQUEST ACCESS CHANGE/WDE SITE · · · · · · · · · · · · · · · · · 5 PONDING AND ADDITION TO MINING PERMIT/WDE SITE · · · · · · · · · 5 VARIANCES/3840 BUNKER LAKE BOULEVARD Motion authorizing Staff to prepare Resolutions · · · · · · 6 SKETCH PLAN/SUPERAMERICA · · · · · · · · · · · · · · · · · · · 6 WOODLAND POND PRELIMINARY PLAT Resolution R173-93 approving preliminary plat · · · · · · · 7 FEASIBILITY REPORT/WOODLAND POND/IP93-14 Resolution R174-93 accepting report, ordering improvement · 7 AMEND ORDINANCE 8, SECTION 8.08 Motion amending the ordinance on driveway widths · · · · · · 7 REJECT BIDS/WEYBRIDGE 3RD/IP92-19 · · · · · · · · · · · · · · · · 7 Resolution R175-93 rejecting bids · · · · · · · · · · · · · 10 PLANS AND SPECS/IP93-5/WINSLOW HILLS 3RD ADDITION Resolution R176-93 approving final plans · · · · · · · · · · 11 NON-DISCUSSION ITEMS Resolution R177-93 approving final plat/92-15/Hidden Creek East 5th Addition · · · · · · · · · · · · · · · · · · · · 11 Resolution R178-93 accepting assessment roll/IP90-17 · · · · 11 Approve Amendment to Joint Powers Agreement/LRRWMO · · · · · 11 Approve Joint Powers Agreement/Sewer with Coon Rapids · · · 11 Receive June Financial Statements · · · · · · · · · · · · 11 Resolution R179-93 transferring funds to 1990A Temporary Temporary Improvement Bond Debt Service Fund · · · · · · 11 Resolution R180-93 closing 1990A Temporary Improvement Bond 11 Resolution R181-93 delegating authority to pay claims · · · 11 Authorize ad/Planning Commission member · · · · · · · · · · 11 STREET SPEC CHANGE · · · · · · · · · · · · · · · · · · · · · · · 12 PURCHASE OF 1994 SlO BLAZER AND RADIO Motion to approve purchase from Main Motors · · · · · · · · 13 REPAIR/REPLACEMENT OF WARNING SIRENS Motion to repair the sirens · · · · · · · · · · · · · · · · 13 PERSmJNEL COHMITTEE RECOHMENDATIONS · · · · · · · · · · · · · · · 13 Motion to approve temporary salary increases and reclassify Building Clerk to Sec~etary · · · · · · · · · · · · · · · 14 Hotion for employment of relatives policy · · · · · · · · · 14 AWARD BID/IP93-16/SEALCOATING Resolution R182-93 awarding contract to Allied Blacktop · · 14 APPROVE FINAL PLAT/WOODLAND POND Resolution R183-93 approving final plat · · · · · · · · · 14 AMENDMENT TO DEVELOPMENT CONTRACTS · · · · · · · · · · · · · · · 15 Motion to table and establish Developers' Task Force · · · · 16 - ---- Regular Andover City Council Meeting - August 3, 1993 Table of Contents Page ii MAYOR/COUNCIL INPUT Home-based businesses · · · · · · · · · · · · · · · · · · · 16 Motion to hold action on Crooked Lake Tire operation and direct P&z to review ordinance · · · · · · · · · · · · · 17 SuperAmerica Special Use Permit · · · · · · · · · · · · · · 17 Anoka Electric · · · · · · · · · · · · · · · · · · · · · · · 17 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 17 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 17 ...-- ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 3, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on August 3, 1993, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson City Planner, Dave Carlberg City Finance Director, Daryl Sulander Others RESIDENT FORUM Rosella Sonstebv, 4151 141st Avenue NW - reviewed the May 19, 1992, Minutes of the public hearing on the feasibility report for utilities on Woodbine. She reviewed the background of the proposed route for utilities to serve the Nedegaard property and the change to the actual route. Once the costs were known, the majority of the people along Woodbine did not want the project. At that public hearing a motion was made to close the public hearing and table to the next regular meeting. She stated the issue was never discussed again, that the item was overlooked by the Council. Ms. Sonsteby also felt that since the improvements were installed for the purpose of servicing the Nedegaard property, he should have to pay all of the costs. She read from the Development Contract for The Meadows of Round Lake which states they will pay all costs. Therefore, she felt she should not be assessed for her lots. She also had an agreement with Mr. Hay, which was passed on to Mr. Nedegaard, that she would not have to pay anything for those utilities. Mr. Nedegaard has agreed to accept her lateral assessments at the same rate he was assessed for the Meadows of Round Lake. The problem is her assessments are about $500 more per lot than those in that development. Mr. Nedegaard has agreed to go to mitigation to resolve the difference. She asked if the City would be willing to join in that mitigation. Mr. Davidson stated he has talked to both Ms. Sonsteby and Mr. Nedegaard. The costs in the Meadows of Round Lake were less than for those lots owned by Ms. Sonsteby which didn't connect to the system until a later date. Those connecting later are charged according to the fees set by the Council. Also, the developer is required to pay only those costs within the development. The City does not have the right to charge the developer for utilities outside of the plat. Instead of running the line down Vintage, it was run past Ms. sonsteby's lots along the boulevard on her side of the street so she had a direct connection. Mr. Nedegaard has told him he is willing to pay Ms. Sonsteby's lateral costs based on his front-foot lot cost and wondered if the City would mitigate the difference. That is a decision the Council must make. Jo)'\_~~ó'1' g-j/l 'f3 -- ---. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 2 (Resident Forum, Continued) Mayor McKelvey recommended the item be researched and placed on the next agenda for consideration. Curt Martinson, 1448 138th Avenue - asked if public input will be allowed for Item 7, the sketch plan for SuperAmerica on the corner of Bunker Lake and Hanson Boulevards. Mayor McKelvey stated no. The intent is simply to look at the lot configuration and other items for conceptual approval. Public input will be sought at the public hearing on the preliminary plat. Mr. Martinson - explained the Planning Commission tabled the Special Use Permit request by SuperAmerica for underground bulk storage tanks on the site. In the mean time, they have met with representatives of SuperAmerica regarding the concerns the residents have about the wetlands, storm water drainage, hazardous material, water contamination, mitigation of the wetland, the skimmer on the pond, the buffer zone, etc. Though the meeting was very productive, they still have a lot of unanswered questions, and he related several of those concerns to the Council. He asked that the item be tabled until the residents can get all of their concerns resolved. Mayor McKelvey stated he was at that meeting with the residents. He stated the City has those same concerns and will be working with SuperAmerica to resolve them. The item this evening is simply to give conceptual approval to the subdivision of the land. It does not necessarily mean there will be a SuperAmerica on that corner or that the requested Special Use Permit will be approved. That must stand on its own merit. He also suggested another meeting be set up with representatives of SuperAmerica, the residents, and City representatives to work on the issues of concern. Jerrv Windschitl, 3640 152nd Lane - requested Item 16, Reject Bids/Weybridge 3rd/IP92-19, be moved from Non-Discussion to Discussion. He also asked if the Council had any other documentation on that item that is not in the Agenda material; and if so, he would like to get copies. The Council agreed with the request and noted they had no other documentation. Scott Foyt__ _, 14421 prairie Road, Old is Gold Construction - presented the Council with a letter from his attorney relating to Item 16, the Weybridge 3rd project as to his point of view on what has happened in the chain of events leading to this proposed rejection of the bids. Jim Deselms, enGineer for SuperAmerica, 1240 W 98th Street, BloominGton - stated they met with the residents of the Hills of Bunker Lake last night and felt it was very productive. They will agree to another meeting but asked that everyone put their questions and concerns in writing so they can address all of them properly. They are exceeding all City, State, County and Federal regulations and guidelines to develop that property to be a successful superAmerica store. They want to be good neighbors and do whatever they can within reason to cooperate. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 3 AGENDA APPROVAL Table Item 1, Special Use permit/Construction of Accessory Structure, per the request of the applicant; Add Item Sa, WDE Site/Ponding and Addition to Mining Permit; Move Item 16, Reject Bids/Weybridge 3rd/IP92- 19 to Item lOa; Delete Item 17, Approve Plans and Specs/IP92- 27/Commercial Boulevard. MOTION by Knight, Seconded by Perry, approval of the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES July 6, 1993, Regular Meeting: Correct as written. July 15, 1993, Special Meeting: Correct as written July 20, 1993, Regular Meeting: Correct as written. MOTION by Jacobson, Seconded by Perry, to approve the July 6 and July 15 Minutes. Motion carried on a 4-Yes, l-Present (Knight) vote. MOTION by Jacobson, Seconded by Dalien, approval of the July 20 Minutes. Motion carried unanimously. VARIANCE/CONSTRUCTION OF ACCESSORY STRUCTURE CLOSER TO FRONT LOT LINE/1054 161ST AVENUE MOTION by Knight, Seconded by Jacobson, the Resolution approving the variance request of Janie and Allen Hemmelgarn to allow for the construction of an accessory structure located closer to the front lot line than the principal structure that is not constructed in similar design and exterior finish as the principal structure at 1054 161st Avenue NW, as presented. (See Resolution R170-93) Motion carried unanimously. VARIANCE/CONSTRUCTION OF SINGLE FAMILY HOME/175XX ROUND LAKE BOULEVARD Gary Van Cleve. Larkin Hoffman Daly and Lindqren, LTD, Attorney reprsentinq, Mr. Swanson - reviewed the variance request at 175xx Round Lake Boulevard, after which he submitted a written copy of his comments. The property is zoned R-l and is approximately five acres with a 60-foot easement from the adjoining property owner for access from Round Lake Boulevard. The property was purchased from Mrs. Carson with the intention of building his family home. Mrs. Carson stated the access question to the parcel had been resolved some years before, referencing an excerpt from the 1986 Council Minutes relating to the preliminary plat approval of Goodridge Acres that the parcel was buildable upon construction of a driveway to City standards. They opted not to join with the Goodridge Acres plat based upon the option of constructing a driveway. City Staff has now told Mr. Swanson a road with a cul-de-sac must be constructed to the property before he could get a building -- . Regular Andover City Council Meeting Minutes - August 3, 1993 Page 4 (Variance/Construction of Home/175xx Round Lake Boulevard, Continued) permit; however, the neighbors are not interested in such a road and would not help pay for nor sell their property for it. Mr. Van Cleve felt his client is entitled to the variance based upon the comments of the 1986 Minutes and because without it, he would be denied reasonable use of the property. He also submitted into the record letters from the neighbors indicating their opposition to the requirements being imposed on Mr. Swanson to build the City Street and in support of the variance application. They do not believe it is necessary to construct a City street simply to provide access to one single-family home. Plus it would be an undue hardship to Mr. Swanson to require the street. without the variance, he believes it would constitute a taking, and Mr. Van Cleve requested the Council grant the variance to allow Mr. Swanson access by building a rural driveway to City standards. Council discussion noted no other variances have been granted to allow building permits on parcels which do not have the proper frontage on a publicly dedicated and maintained right of way. Technically, the property is not landlocked; and in 1986 the property owner was advised to provide access from Goodridge Acres, and he chose not to that. Mr. Carlberg stated the phone records indicate discussions with Mrs. Carson prior to selling the property to Mr. Swanson. She was advised by Staff of the requirements to construct a street with cul-de-sac prior to obtaining a building permit. He didn't think there has been any misrepresentation from the City's standpoint. MOTION by Jacobson, Seconded by Perry, the Resolution denying the variance request of Arthur Swanson to Ordinance No.8, Sections 4.04 and 6.02 and to Ordinance no. 20, Section 9.06. The documents just handed out by the Attorney representing the property owner, mainly the Meeting Minutes of the Regular City Council Meeting of May 20, 1986, where the attorney has very conveniently highlighted for us the argument that we have articulated here that it was the property owner's own decision at that time not to access the City streets at that time. And it was his conscience desire not to purchase a parcel to make this a buildable lot. At that time, as stated in the Minutes, he was told that he would not be able to get a building permit on that parcel if he did not do that. Add that added onto the resolution. (See Resolution R171-93) Motion carried unanimously. AMENDED SPECIAL USE PERMIT/DOVER KENNELS MOTION by Jacobson, Seconded by Dalien, the Resolution granting the Amended Special Use Permit request of Jeff Bergeron (Dover Kennels) to expand his kennel operation from 45 to 60 dogs at 16422 Hanson Boulevard NW, as prepared with one change: That the limit of 60 animals at the kennel would be the ultimate limit that the City would grant at this particular location. (See Resolution R172-93) Motion carried unanimously. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 5 REQUEST ACCESS CHANGE/WDE SITE Carl Brodin for Carl Bolander and Sons - handed the Council copies of a letter dated August 3, 1993, explaining their concerns with the trucking operation to the landfill and proposed solutions. Because of the hazardous situation being created along Hanson Boulevard with the amount of traffic on the street and the dust, they are requesting that the empty trucks exiting the landfill do so on the west side via Crosstown Boulevard. Crosstown Boulevard has less traffic and has a slower speed limit. The trucks would also be driving over a hard surface prior to exiting onto Crosstown to remove much of the dirt on them to reduce the amount of dirt and dust on the street. They want to resolve this situation before anyone gets hurt. If they caD get access and good weather, they are hoping to have imported all the clay by the end of August before school starts. There was a lengthy discussion on the issue, as the Council generally did not want to have all that truck traffic go down Crosstown Boulevard because of the safety issue for the residents. There are many houses facing that street plus a high amount of pedestrian traffic. Several suggestions were made. Mayor McKelvey stated he has studied the problem and suggested Hanson Boulevard could be made safer with flag people on Hanson to stop the southbound traffic. Time would be picked up by the trucks by not having to stop. Mr. Brodin understood they would be required to have flag people on both lanes to stop both lanes of traffic at once. Councilmember Jacobson also suggested that half of the outgoing trucks exit via Crosstown Boulevard and the other half at Hanson Boulevard. Mr. Brodin argued two roads would then have to be cleaned, and he didn't feel that would really eliminate the problem on Hanson. Councilmember Knight asked if extending the hours of hauling would help. Mr. Brodin stated it would be more of a safety issue if they worked during the evening hours. They can move the cleaning more toward dusk. Councilmember Jacobson then suggested cones be placed on Hanson northbound which would temporarily allow the residential traffic to pass around the trucks turning into the site. After further discussion, it was generally agreed to first try having flag people on Hanson to stop the southbound traffic and to ask the County to temporarily cone the northbound traffic to pass around the turning trucks to allow continual northbound traffic. Mayor McKelvey stated he is meeting with Anoka County Highway engineers tomorrow morning and agreed to discuss this issue with them in an effort to find a solution other than exiting onto Crosstown Boulevard. PONDING AND ADDITION TO MINING PERMIT/WDE SITE Jon Christofferson, Conestoqa Rovers and Associates, consultinq firm workinq with the qroup to closure of the landfill - wanted to make the Council aware that additional fill material will be needed for the site. The majority of the material could be obtained from excavating the storm water pond area immediately adjacent to Crosstown Boulevard; however, the City has said they want the trees to remain as a screening from the Regular Andover City Council Meeting Minutes - August 3, 1993 page 6 (ponding and Additionto Mining Permit/WDE Site, Continued) street. Apparently there was a minimum and a maximum size for the pond, and the City's preference has been to minimize the size as much as possible. They also have a mining permit for the area south of the landfill. They have excavated to those limits; and he asked if the City would consider either lowering the elevations, having the engineers look at the elevations again, or allowing mining in the buffer area to the west to obtain additional fill. The fill will be needed within the next three to four weeks. He realized that is not enough time to obtain an amended Mining Permit, but he hoped that because of the nature of the project that the City would agree to expedite the process. At this time it was the preference of the Council to obtain the fill needed from some place outside of the two areas mentioned, some place that would be relatively close to the project site. They hoped the trees screening Crosstown would remain; and the intent for the southern borrow site was to have a finished grade to be usable for commercial purposes in the future. Council agreed Staff should work with Mr. Christofferson to find an acceptable source of additional fill material, determine if the provision is in the agreement to expedite such items, and come back to the Council as soon as possible with a proposal. VARIANCES/3480 BUNKER LAKE BOULEVARD MOTION by Jacobson, Seconded by Knight, to authorize Staff to prepare the paperwork and necessary resolutions for the variances at 3480 Bunker Lake Boulevard. The reason being that because Council action on the road construction has created the condition that requires variances at no fault to the property owner; the fault is the county and City action in the area. And Staff deliver that documentation at the next regularly scheduled meeting. Motion carried unanimously. SKETCH PLAN/SUPERAMERICA Mr. Carlberg reviewed the proposed sketch plan of SuperAmerica to subdivide property at the northeast corner of Bunker Lake Boulevard and Hanson Boulevard into four General Business lots. Two items of concern of the Review Committee were the potential need for additional right of way along Bunker Lake Boulevard and accesses to the site. They will be working with the developer and Anoka County regarding those accesses. The P&Z is looking at a Special Use Permit request of SuperAmerica for underground liquid storage tanks, and the Andover Review Committee will be reviewing the commercial site plan of that business. Mr. Davidson reported the utilities for a car wash which was proposed some time ago has been removed. Also, the plat has been approved by the Coon Creek Watershed District. There is sewer and water access on both the north and south side of the parcel. Mr. Carlberg stated there will be a response from Anoka County at the time of the preliminary plat. Council had no comment. The developers were advised to proceed to the preliminary plat process. ---- . Regular Andover City Council Meeting Minutes - August 3, 1993 Page 7 APPROVE WOODLAND POND PRELIMINARY PLAT Mr. Carlberg stated he has not been contacted regarding the removal of the debris on the site and suggested that be included as a condition to the resolution. Lot 1, Block 1 will require a variance for lot depth to align the street with l40th across Round Lake Boulevard. MOTION by Perry, Seconded by Knight, the Resolution approving the preliminary plat of Woodland Pond as being developed by Uptown Construction and Finest Homes with the addition of Item No. 5 being that the property owners and the developers are to submit to the City a plan for removal of the buried automotive parts, and that City Staff will be present at the site when those materials are removed. Also add to Item 1 "A variance...for Lot 1, Block 1 as the average depth of the lot is less than 130 feet to allow for the alignment of 141st Lane NW." (See Resolution R173-93) Motion carried unanimously. ACCEPT FEASIBILITY REPORT/WOODLAND POND/IP93-14 Mr. Davidson reviewed the feasibility report for Woodland Pond at a cost of about $9,950 per lot. The developer has asked that the project be done as a separate change order to another project rather than bid as a separate project. MOTION by Knight, Seconded by Dalien, the Resolution accepting feasibility study, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of Project 93-14 for sanitary sewer, watermain, streets and storm drain in Woodland Pond as presented. (See Resolution R174-93) Motion carried unanimously. AMEND ORDINANCE 8, SECTION 8.08 Mr. Carlberg reviewed the proposed amendment to allow a 30-foot driveway width for lots unless the lot is a cul-de-sac lot. Driveways located on cul-de-sacs will remain a maximum of 24 feet in width. MOTION by Knight, Seconded by Jacobson, the ordinance amending Ordinance No. 8, known as the Zoning Ordinance of the City of Andover, Section 8.08(E) (3) (d) as presented. Motion carried unanimously. REJECT BIDS/WEYBRIDGE 3RD/IP92-19 Mr. Davidson reviewed a memo prepared for the Council regarding this project responding to the July 19, 1993, letter from Gaughan Companies regarding the payment of st.orm sewer assessments for Old Colony Estates/Creekview Crossing/Weybridge Additions. He determined that the assessments paid did not include the storm sewer area charge for Weybridge 3rd, the area in question, but only covered Old Colony Estates and Creekview Crossing. The area of Weybridge 3rd Addition was outside ; Regular Andover City Council Meeting Minutes - August 3, 1993 Page 8 (Reject Bids/Weybridge 3rd/IP92-l9, Continued) the MUSA boundary at the time that the 1987-88 MUSA boundary was established. He gave the background for the storm sewer assessments within the district since 1988 in which the northern area located east of Xeon Street was included in the storm drainage system. Weybridge 1 and 2, located in the southern area which is east of Xeon Street, had a separate drainage system to the south and was outside of the Xeon Street district. That is why those areas were not assessed the area charge. Jerrv Windschitl, Ashford Development Corporation - disputed that claim, stating Weybridge drains entirely to the Andover Lake and a part of Weybridge 2 has its own outlet to the creek. He presented as-builts of the storm drainage system to prove his claim. Mr. Davidson explained drainage was provided from cross streets south of Weybridge 3rd that provided lateral benefit through the plat of Creekview Crossing at the time of that development at the request of Mr. Windschitl. Mr. Davidson then went into detail as to the storm drainage in the Weybridge Additions. It is his position that the Weybridge 3rd area was not assessed an area storm sewer charge. It is making use of the total facilities that are being proposed for development. As part of the total facility, that area receives a benefit, and this area charge has nothing to do with the previous costs of lateral sewer. Mr. Windschitl paid about $13,000 to $15,000 for storm sewer availability that was provided as lateral storm sewer benefit. Mr. Davidson expressed hurt, anger and surprise at Mr. Windschitl's letter of criticism of the outside consultants, as in working with Mr. Windschitl for over 15 years, the philosophy has always been the developer will pay costs and not impose costs on pre-existing developed property. In his opinion, the proposed assessment is valid. A public hearing was held, though it was after the feasibility report done in 1992, and this project didn't come up until 1993. He stated he has gone out of his way to satisfy Mr. Windschitl's needs, even redesigning the street grade storm sewer system within Creekview Crossing after the job had been let because of the request of Mr. Windschitl. He stated there is no question that Weybridge 3rd is tributary to Andover Lake and the Xeon Street storm drainage system which must be paid for by area assessments. He also noted that based on the let bids for Weybridge 3rd and including this storm sewer assessment, the per-lot cost is less than what Mr. Windschitl was told in 1992. Mr. Windschitl - stated the Weybridge 3rd Addition area has a natural right to Andover Lake. The water went there before development. The pond there prior to development was clearly adequate for this development. Mr. Davidson stated the only ponding was from ditches extended from the inflow pipe to the outflow pipe. The original area of the pond was less than one acre. Nine acres were dedicated for it, and the lake was excavated to a 35-foot depth. He estimated the lake encompasses four to five acres. He showed the original topographical maps of the Weybridge area from 1974 which outlined low areas that were landlocked and not tributary to the pond as Mr. Windschitl claims. .._~~. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 9 (Reject Bids/Weybridge 3rd/IP92-19, Continued) Mr. Windschitl - stated he furnished the City with a map done by a registered land surveyor prior to the development of the north site because of a problem with the contour map just shown by Mr. Davidson. That area was recontoured, which shows the areas that drain naturally to the lake. He stated this map, not the one shown by Mr. Davidson, was used at all meetings with the City Administrator, Mr. Schrantz, and with Mr. Davidson. He was given these outlets because his water was being cut off. He stated he has a right to have his water go where it went naturally, and this was all agreed upon over a year ago. Attorney Hawkins stated based on the information of Mr. Davidson, he believed the proposed area assessment for Weybridge 3rd is a valid charge, that Mr. Windschitl is receiving benefit from a storm sewer system that was put in and paid for by the City. The policy has been the developers must pay their fair share of the improvement projects put in by the City. He also reviewed the letter from Mr. Froight, Old As Gold Construction, presented this evening; and he took issue with the conclusions of the letter. The Resolution of the Council when awarding the contract clearly had the condition that it was subject to an execution of agreement with the developer that he would pay the costs associated with this development. Mr. Hawkins understood that was communicated to the contractor, and the City never signed a contract with the contractor. There was no formation of a contract, and he believed the Council has a right to reject the bids. He also felt the public hearing was held properly, held prior to the work being done. Mr. Davidson thought the 60-day period to sign the contract ended on August 9, 1993. The contractor furnished the City his copy of the signed contract on June 28 at the time of the pre-construction conference. Five days later he wrote a letter to the contractor indicating the conditions of the awarding of the bid and that he did not have authority to proceed with the project. Mr. Windschitl - questioned a statement in Mr. Davidson's letter regarding a conversation with Mr. Rodeberg about the assessments for this area. Mr. Davidson stated it was his opinion, after speaking with Mr. Rodeberg about the assessments and the statements in the Gaughan letter, that Mr. Hammel had misunderstood the agreement. There was an agreement only for the area being platted. Mr. Windschitl - repeated there clearly is a natural right to drain to Andover Lake, and there wasn't any dispute about that a year ago. He asked why this wasn't brought up then when everything was being discussed. All of the outlets for Weybridge 3rd are in and paid for. He was disturbed that he wasn't furnished copies with the Resolution awarding the bid since requirements were being placed on him. He did not know the conditions existed, as they are not listed in the Minutes or the motion itself . The first item had previously been satisfied. They had agreed to the costs of the development and the Old As Gold bid. He furnished an agreement to the city today that satisfies the second item; therefore, he felt the City has a Resolution that awarded the bid. - . -- -~ . Regular Andover City Council Meeting Minutes - August 3, 1993 Page 10 (Reject Bids/Weybridge 3rd/IP92-19, Continued) Mr. Windschitl continued that the items in his memo are supported with facts. No one has disputed that Mr. Hammel paid the assessments, the City has a Resolution that has been satisfied, the past history does not indicate there would be assessments on this parcel, and this parcel was not included in the original feasibility report. It was added as a stapled addition to the report after it was presented to the Council, stating that was not done at a public meeting. He also theorized that since Mr. Hammel dedicated the pond and had a sketch plan for the entire 160 acres, it would not make sense for him to sever the eastern portion from the storm drainage system as proposed by the engineers. Mr. Winds chit 1 stated he also interviewed Mr. Rodeberg, and it was his understanding the agreement with the Gaughan Company was with Mr. Schrantz, who was the only person making the decisions in the City. Mr. Davidson reviewed a June 23, 1993, memo to Mr. Windschitl indicating several items, including the addition of this storm sewer area assessment. He did research the records and found no pre-existing assessments against the parcels with the PIN numbers of the Weybridge 3rd area. The Council discussed deferred assessments, assessments outside the MUSA, and the assessments against the property owned by the Gaughan Company west of Xeon Street. Mayor McKelvey questioned whether a mistake could have been made since parcels outside the MUSA in the Bluebird Street project were assessed. Mr. Davidson had not researched that project but could not find any assessment against this parcel. MOTION by Jacobson, Seconded by Perry, the Resolution rejecting bids for the improvement of Project No. 92-19 for sanitary sewer, watermain, street and storm drainage in Weybridge 3rd Addition as presented with one change to be in the line which begins Now, Therefore, be it Resolved by the City Council: Now, Therefore, be it Resolved by the City Council of the City of Andover to hereby reject the bids for Project 92-19 on Friday, August 6, 1993, at 4:30 p.m., if the development contract by the developer of Weybridge 3rd has not been signed by that date. (See Resolution R175-93) DISCUSSION: Councilmember Jacobson stated if there is any movement between now and August 8, it gives time for reconciliation. Mr. Windschitl - asked how the bids can be rejected when they have already been awarded. Also, the resolution does not mention a Development Contract. Attorney Hawkins argued the award was specifically conditioned on the signing of the written agreement of the developer to pay the costs, which is a Development Contract and, therefore, the bid has not been awarded. Mr. Fovt - presented the letter to the Council to make them aware of what happened. The project proceeded normally until the pre-conference meeting. He has a letter stating the project was awarded with no conditions, plus a document that says these conditions were brought up at the pre-con meeting. Attorney Hawkins stated the engineer has said the contractor was advised the award was conditional, and the Resolution clearly says so. The City does not enter into contracts until there is an agreement with the developer that the costs will be paid for. VOTE ON MOTION: YES-Dalien, Jacobson, Knight, Perry; NO-McKelvey Motion carried. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 11 APPROVE PLANS AND SPECS/IP93-5/WINSLOW HILLS 3RD ADDITION MOTION by Perry, Seconded by Jacobson, the Resolution approving final plans and specifications and ordering advertisement for bids for Project 93-5, Winslow Hills 3rd Addition for sanitary sewer, watermain, street and storm drain construction, as presented. DISCUSSION: Mr. Davidson pointed out the sewer and water will be brought at the deeper depth to Crosstown Boulevard at Yellowpine and the sewer line at Bluebird to serve the property along Crosstown and north of it. He understands it will be some time before that area will be included in the MUSA boundary, but the county will be resurfacing that portion of Crosstown Boulevard without reconstruction. The question is whether to extend the sewer through the right of way with an open cut before it is overlaid. In discussing it with Staff, it was felt it is best to leave the line on the south side of Crosstown; and if it is needed, to jack it under the road. He estimated it would cost about $10,000 to cross the road at this time. Mr. Windschitl - stated he and one other person own the property north of there and thought they may be interested in paying to have that line put across the road now. After further discussion it was agreed that Mr. Winds chit 1 will pursue the issue with the other property owner and Mr. Davidson will add the crossing as an alternate to the bid, though the Council cautioned there is no guarantee when or if the MUSA will be extended to the north. ADD TO MOTION: Place the trunk sewer line across CoRd 18 as an alternate bid subject to everything being in line and an agreement of both parties. (See Resolution R176-93) Motion carried unanimously. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by perry, the following Agenda items on the Council Meeting Agenda for this evening in the affirmative, Numbers: 19. Approve Final Plat/IP92-15/Hidden Creek East 5th (See Resolution R177-93) 20. Accept Assessment Roll/Order Hearing/IP90-17 (See Resolution R178-93) 21. Approve Amendment to Joint Powers Agreement/Lower Rum River Water Management Organization 24. Approve Joint Powers Agreement/Public Utilities Usage/Sewer with Coon Rapids 25. Receive June Financial Statements 26. Transfer Funds and Close Fund 338 (See Resolution R179-93 authorizing the transfer of funds from the Water Trunk Fund and the Sewer Trunk Fund to the 1990A Temporary Improvement Bond Debt Service Fund and Resolution R180-93 closing the 1990 Series A Temporary Improvement Bond Fund and transferring the remaining funds to the Permanent Improvement Revolving Fund) 27. Delegate Authority to Pay Claims up to a limit of $5,000 (See Resolution R181-93) 28. Authorize Ad/Planning and Zoning Commission Member Motion carried unanimously. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 12 APPROVE STREET SPEC CHANGE, CONTINUED Mr. Sulander explained Mr. Haas, Assistant City Engineer, had some concern about increasing the thickness of the bituminous in the rural areas because of the low volume. Mr. Davidson stated Lino Lakes requires a one- to two-inch bituminous in the developments, then adds the additional one inch of bituminous after 80 percent of the subdivision is developed. There is engineering data indicating the effectiveness of the additional bituminous, but he did not have those figures with him. The main factor is having a wearing course that isn't all marred from the trucks during construction. Bvron Westerlund. Woodland Development - stated the City of Andover has the rural and the urban developments. They just finished developing Timber Meadows and calculated the proposal would add an additional cost of about $1,400 per lot. Their concern is the traffic volume is not the same as in the urban development, so more costs are just added to the rural lots. It is not only the thickness of the wear course, but it is also the soil types, the compactions of the subbase as well as the type of material and class 5. If the subbase is protected, that may help the longevity as well. Mr. Westerlund also distributed a letter prepared by Lary Carlson of Woodland Development. Jerry Windschitl, Ashford Development - stated very shortly this will just become just a resident issue as residents petition for street improvements or replacements. This will add substantial costs when rebuilding the streets. In comparing the proposal to what the county does on its extremely busy roadways with large trucks, CoRd 26 is being rebuilt with the same thickness of blacktop the Council is proposing to be put in a residential street. He was having trouble reconciling why residential streets in Andover need three inches of bituminous when that is the thickness used by the county on its major roadways. There are only a few cities that require this. Mayor McKelvey stated the reason for the proposed increase in bituminous thickness is because the builders are building the homes prior to the installation of utilities and roads, which is creating a problem for the City for inspections, access for emergency vehicles, etc., and for the residents moving into those subdivisions. Councilmember Knight wondered if recycled concrete as a base would be a better alternative to accomplish the same thing. Evidently that is a superior base with very little additional cost. He thought it would be worth looking into. Mr. Davidson stated anything with more graination control for base material is better. It is only available on the southern end of the metro area, and hauling it up here would be an additional cost. If there is a lot of construction on the north end, then recycled concrete may be reasonable. Mr. Westerlund stated they have used it, but the question is availability. The Council then decided that the issue should be referred to the Road Committee for further research and review. Mr. Davidson was asked to provide data on recycled concrete. A tentative date for a Road Committee meeting was set for Thursday, August 26, 1993. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 13 APPROVE PURCHASE OF 1994 S10 BLAZER AND RADIO Dave Almgren, Building Official, reviewed the bids for a 1994 S-lO four- door, 4 WD Blazer. The bid from Main Motors is about $20 more than the list price shown in the Agenda material. He recommended the low bid. MOTION by Perry, Seconded by Dalien, approval of the purchase of a 1994 SlO four-door Blazer from Main Motors with a total cost of $20,359.50, and also the purchase of the mobile radio and installation for this vehicle in the amount of $817.76; funds to come out of the Building budget. Motion carried unanimously. REPAIR/REPLACEMENT OF WARNING SIRENS Dave Almgren, Building Official, reviewed the request to purchase or repair two of the warning sirens that have been hit by lightning. One is located at 139th and Crosstown; the other at 167th and Seventh Avenues. Because of the trouble they have had with the ACA Sirens and because the repair of the sirens will mean a complete change of the motor with only a 30-day warranty, he recommended not to repair the ACA but to install a Federal siren instead which has a two-year warranty. The City's cost to repair the two motors would be $1,000. The City's cost to replace the two sirens with Federal sirens would be $12,776.64. Council noted an error in the calculation with regard to the insurance deductible. The City's cost to replace the sirens with Federal would be approximately $11,700. After some discussion, the Council preferred to repair the sirens for the lower cost because of the big price difference. If there is a problem with the motors within the next year or two, the Council agreed to look the item again. MOTION by Jacobson, Seconded by Dalien, that we repair the existing sirens for an approximate cost to the City of $1,000. Motion carried unanimously. PERSONNEL COMMITTEE RECOMMENDATIONS Councilmember Jacobson reviewed the recommendation of the Personnel Committee to increase the Finance Director's monthly salary to compensate for additional administrative and public liaison responsibility as the Acting City Administrator. Also, increase the monthly salary of the Assistant City Engineer for additional engineering development project responsibility. Both adjustments would be effective from August 1, 1993, through November 15, 1993, unless the City Administrator/Engineer returns to work before then. The second recommendation is to reclassify the Building Department Clerk's position to Secretary and adjust the hourly rate because of the increased responsibilities and based on the kind of work being done by that employee. ...~- . Regular Andover City Council Meeting Minutes - August 3, 1993 Page 14 (Personnel Committee Recommendations, Continued) There was some discussion on making the adjustment retroactive to June 1 or July 1, though it was finally agreed to stay with the recommendation of the Personnel Committee which was based on the request of the employees. If there are funds available after reviewing the City Administrator position on November 15, 1993, consideration could be given to additional compensation for the additional time required prior to August 1, 1993. Also, the time period would be extended beyond November 15 if circumstances warranted the need to search for another City Administrator. Mayor McKelvey asked for a motion to approve the two items as recommended by the Personnel Committee. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanimously. Councilmember Jacobson stated a third item that was not specifically recommended but was discussed by the Personnel Committee is a policy regarding the hiring of relatives as City employees. In researching the state law and the policy of his company, he proposed a policy which would avoid conflicts of interest. No relative could be hired in the same department. An employee could not directly supervise a relative. An employee could not employ a relative in a position in which he/she evaluates their worth or makes a recommendation for their compensation. Employment of spouses is also subject to this policy. MOTION by Perry, Seconded by Knight, that we accept the recommendation of the Personnel Committee and adopt the employment of relatives policy which is indicated as Number 15, and title the policy as "Employment of Relatives and Spouses". Motion carried unanimously. AWARD BID/IP93-16/SEALCOATING MOTION by Knight, Seconded by Perry, to accept the bid and award the contract for the improvement of project IP93-l6 for sealcoating in Chapman's 1st - 6th Additions and Northglen 1st and 3rd Additions, award to Allied Blacktop Company for $23,908.80. (See Resolution R182-93) Motion carried unanimously. APPROVE FINAL PLAT/WOODLAND POND MOTION by Knight, Seconded by Perry, the Resolution approving the final plat of Woodland Pond as being developed by Uptown Construction and Finest Homes as presented, adding the condition that the property owners and the developers are to submit to the City a plan for removal of the buried automotive parts, and that City Staff will be present at the site when those materials are removed. Also add to Item 1 "A variance...for Lot 1, Block 1 as the average depth of the lot is less than 130 feet to allow for the alignment of 141st Lane NW." (See Resolution R183-93) DISCUSSION: Council expressed concern with approving both the preliminary and final plat on the same night because no time is allowed to review the preliminary plat before finalizing it. Mr. Carlberg thought this was done because of the size of the plat but said he will raise that issue with the Review Committee. Motion carried unanimously. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 15 APPROVE AMENDMENT TO DEVELOPMENT CONTRACTS Mr. Windschitl - stated the proposed amendments to the Development Contracts are a radical change in the way the City has developed. Had this been in effect last year, two developments would not have been able to build except for two houses, and 60+ houses would not have been built. There are at least three developers that are now running the risk of not getting the blacktop in this year's construction. Is this intended for this year's developments? Also, with the proposed new policy of requiring all plats to be submitted by November 1 of the previous construction year, the entire building season for next year could be lost. This could also create problems for those who are in the middle of their projects. Mayor McKelvey noted the November 1 could eliminate any construction in 1994 because the City will not have an agreement from the Metropolitan Council on the MUSA expansion by that time. Council felt that would be an extraordinary circumstance and exceptions would be granted. The intent was to have all platting in and approved at the same time to be able to bid and bond at one time. Mr. Windschitl - also questioned Item 3, the removal of all dead or dying trees from the property before issuing a building permit. He explained the process he and other developers use is to cut the wood and stack it all on one lot, then allow people to take whatever they want and haul it away. That lot is generally one of the last ones to be sold once the wood has been removed. He felt the proposed requirement would cause him to have to eliminate that practice, and he would have to send that wood to the disposal site, which he felt is a shame. Councilmember Knight understood and did not have a problem with that practice. He felt there may be a better way to deal with the problems. Jav Johnson. workinq with Tonv Emmerich Construction - works mainly in land acquisition. There are a lot of things that delay development, and agrees that the proposals are a radical change. It is very important for the developer to sell his property and move his product. This amendment would delay the process even further. This could cause the property to be acquired one year, the improvements done in another, and not actually be able to market the lots until the third year. He has seen that happen in other communities, and then the builder following is lost. Some of the problems no doubt have some validity for the City Staff, but they would like the Council to consider a balance and to look at this from the developer's viewpoint. For instance, there are times when everything is done and the final plat is into the county, but it may not be actually recorded for two to three weeks by the county. For the most part it is a formality, and all these delays can add up and can affect the development adversely. There is also a lot of ambiguous wording in the proposal. If the plat is done in phases, does that mean that all dead trees on the entire property have to be removed? Maybe there are other ways to resolve some of the problems, and he asked the Council to balance the developer's viewpoint for those things that are needless for building permits. Few developers sell to only two builders and have only two models. There are developments with ten to fifteen models at one time. There are good developers in Andover, and he felt the City wants them to stay; and maybe there's a way to accommodate their needs too. He felt the proposal is a little too restrictive. ---- -~---_.- Regular Andover City Council Meeting Minutes - August 3, 1993 Page 16 (Approve Amendment to Development Contracts, Continued) Tony Emmerich - stated if they start grading in April or May, by the time they could pull permits, they would have lost the building season completely. If this is passed, The Hills will be his last project in Andover. He physically cannot work under these restraints. They cannot market in the fall of the year. If they miss the spring and the Parade of Homes, they are basically done for the year. He understood and sympathized with the problems, but asked not to take the time away from the developers. If there is a problem with not having the blacktop in, he would prefer taking care of the grading himself rather than lose the four months of building. There are a lot of inconveniences for everyone when doing a development and all sides complain a little, but it really is not as serious as what is being presented. After further discussion with the developers, it was agreed the item should be tabled since the street specifications have been referred to the Road Committee. It was also suggested and agreed that a Developers' Task Force should be formed to address the problems and possible solutions. Mr. Emmerich agreed to serve on the Task Force, as did Councilmember Knight and Mayor McKelvey. The developers present stated they would decide on one or two other developers to serve on the Task Force. Council also agreed Mr. Haas, Assistant City Engineer, should participate in the Task Force. It was also agreed to set up the first meeting within the next few weeks. Mayor McKelvey asked for a motion to table this item and to establish the Task Force. MOTION by Jacobson, Seconded by Dalien, to so move. Motion carried unanimously. MAYOR/COUNCIL INPUT Home-based businesses - There was a lengthy discussion on the ordinance requirements for home occupations, especially referencing the Crooked Lake Tire operation in which a public hearing was held by the P&Z on a variance request (Reference July 13, 1993, Planning and Zoning Commission Meeting Minutes, Page 1). The Planning Commission tabled the item to allow further research on the ordinance requirements. Mr. Carlberg stated one provision in the Special Use Permit section, Section 5.03, states certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable and a Special Use Permit may be granted. He wondered if that would be a better provision to apply the Crooked Lake Tire situation rather than revising the ordinance. Staff is concerned with changing the definition of repair garages and moving tires into the residential area, which would open up the whole residential district for repair garages. The Attorney stated it would be considered spot zoning to allow some uses in the residential district that are generally not allowed, such as an Enterprise Zone which was proposed by Councilmember Jacobson, even if it is for a specific time, and it would not be allowed. The Council generally was concerned about any change being applicable in all Regular Andover City Council Meeting Minutes - August 3, 1993 Page 17 (Mayor/Council Input, Continued) situations. Councilmember Perry stated though the situation before the City may be very well run, others may not be; and it is more difficult to remove the businesses than to allow them to begin with. She was also concerned that the ad for the business refers to batteries. She felt home occupations are basically generated by word of mouth and do not compete with commercial operations. She cautioned they have to be careful about encouraging business to develop that are not contributing to the commercial base of the city or are not providing employment. Discussion continued on the level of code enforcement the City should pursue. It was suggested there be a review of the ordinance keeping in mind the current trend of more home-based activities but being careful when allowing some activities. The Council also agreed that City Departments should not be using the services of any business in the City which is not meeting the ordinance requirements. MOTION by Jacobson, Seconded by Knight, to direct legal counsel and Staff to put a hold on action in the matter of the Crooked Lake Tire and direct the Planning and Zoning Commission to review the ordinance and ask them for recommendations for changes in the Zoning Ordinance, to look at potential changes for home occupations in residential areas and make recommendations to the Council within the next three to four months. Motion carried on a 4-Yes, l-No (Perry) vote. SuperAmerica Special Use Permit Application - Mr. Carlberg updated the Council on the status of the Special Use Permit application of SuperAmerica. The P&Z tabled the item and will consider it again on August 10. Because of the delay, SuperAmerica has asked if the item can be placed on the next regularly scheduled Council meeting, August 17, 1993, rather than on September 7, to expedite the matter. Attorney Hawkins stated the Council may accept that request. Council agreed. Anoka Electric - Mr. Carlberg reviewed the proposal to construct a major facility, and the City is looking at the site south of the landfill property; however, they are looking for a major commitment from the City by August 13 with construction to take place in 1996. Council discussion noted it would be included in the Tax Increment Financing District and would be treated similar to how the Commercial Park was done. Mr. Carlberg was advised to contact them by phone to express the City's interest, then write that low cost land would be made available and the improvements installed to benefit the project contingent upon establishing a TIF District and the financial feasibility of doing it. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Dalien, the disbursements for August in the amount of $194,186.81. Motion carried unanimously. MOTION by Dalien to adjourn. Motion carried unanimously. The meeting was adjourned at ~ a.m. , ~S:h~("bmiU.d~ L I ,C Fe /___ r ella A. ea~ ~Ording~ecretary _ _.__4 .