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HomeMy WebLinkAboutCC June 15, 1993 ~ CITY of ANDOVER Regular City Council Meeting-June 15, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items l. Public Hearing/93-9/Trunk storm Sewer/Xeon street 2. Variance/14365 zilla Street N.W. 3. Request for Extension of Hours/Bolander & Eagle 4 Approve Revised Plan/Round Lake & Bunker Lake Boulevards 5. MUSA Discussion staff, Committees, Commissions 6. ATV/Snowmobile Ordinance Discussion 7. Approve Garbage Haulers' Licenses 8. Junkyard License Renewals 9. Purchase of ROW/Kottke Bus Company 10. Authorize Comstock Davis to Negotiate Easements/92-25 1l. Joint Purchase Agreement/Ham Lake & Andover, Cont. 12. Purchase Wood Chipper, Cont. 13. Capital Equipment Purchases for 1993 14. Set Date/public works Open House Non-Discussion Items 15. Authorize Bond Sale/1993 Series A & B 16. Award Bid/92-19/Weybridge 3rd Addition 17. Award Bid/93-2/pinewood Estates 2nd Addition 18. Approve Plans & specs/92-2S/University Avenue 19. Receive May Financial statements 20. Accept Petition/Order Feasibility Study/93-11/Emerald Glen 2l. Approve Supplemental Feasibility Report/92-19/Weybridge 3rd 22. Approve Revised Grading Plan/Pinewood Estates 2nd, Cont. 23. Approve Final Plat/Kadlec Estates 24. Reappoint Tree Commission 25. Adopt Resolution Appointing Acting City Administrator 26. Approve Resolution/Deferred Compensation plan 27. Accept Easement/Hurst Property Mayor-Council Input Approval of Claims Adjournment -- REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 15, 1993 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING: IP93-9/TRUNK STORM SEWER/XEON STREET . · · · · · 2 Resolution R122-93 ordering improvement · · · · · · · · · · · 6 Motion not to assess Oak Bluff 1st · · · · · · · · · · · · · 6 NON-DISCUSSION ITEMS Resolution R123-93 extending hours, WDE · · · · · · · · · · · 6 Approve garbage haulers' licenses (Waste Management-Blaine, Michael P. Hall, Inc. · · · · · · · · · · · · · · · · · · 6 Junkyard license renewals (Andover Auto Parts, Anoka Auto Wrecking, Auto Truck & Van Salvage, Best Auto Parts, Commercial Auto parts, Mom's Auto Parts, Sandeen Brothers, Wilber's Auto Parts · · · · · · · · · · · · · · · · · · · 6 Resolution R124-93 for storm sewer at 177th and Blackfoot · · 6 Resolution R125-93 awarding bid/IP93-2/Pinewood Estates 2nd · 6 Receive May financial statements · · · · · · · · · · · · · · 6 Resolution R126-93 accepting petition/ordering feasibility IP93-11/Emerald Glen · · · · · · · · · · · · · · · · · · · 6 Approve supplemental Feasibility/IP92-19/Weybridge 3rd · · · 6 Resolution R127-93 approving revised grading plan/Pinewood Estates 2nd · · · · · · · · · · · · · · · · · · · · · · · 6 Resolution R128-93 approving final plat/Kadlec Estates · · · 6 Resolution R129-93 appointing Acting City Administrator · · · 6 Accept easement/Hurst property · · · · · · · · · · · · · · · 6 VARIANCE/14365 ZILLA STREET NW . . . . . · · · · · · · · · · · · 7 Resolution R130-93 approving variance · · · · · · · · · · · · 8 QUINN STREET DISCUSSION . · · · · · · · · · · · · · · · · · · · · 8 ~EVISED PLAN/ROUND LAKE AND BUNKER LAKE BOULEVARD Motion accepting letter from Grace Lutheran Church · · · · · 9 EUSA DISCUSSION . · · · · · · · · · · · · · · · · · · · · · · · 10 ATV/SNOWMOBILE ORDINANCE DISCUSSION. · · · · · · · · · · · · · · 11 RIGHT OF WAY/KOTTKE BUS COMPANY Motion to purchase · · · · · · · · · · · · · · · · · · · · · 11 COMSTOCK DAVIS TO NEGOTIATE EASEMENTS/IP92-25 Motion to authorize · · · · · · · · · · · · · · · · · · · · · 11 JOIN'l' PURCHASE AGREEMENT/HAM LAKE AND ANDOVER Motion to accept · · · · · · · · · · · · · · · · · · · · · · 11 PURCHASE OF WOOD CHIPPER Motion to authorize purchase · · · · · · · · · · · · · · · · 11 CAPITAL EQUIPMENT PURCHASES FOR 1993 Resolution Rl31-93 authorizing expenditures · · · · · · · · · 11 SET DATE/PUBLIC WORKS OPEN HOUSE (July 22, 1993) · · · · · · · · 12 30ND SALE/1993 SERIES A AND B Resolution R132-93 for sale of $3,650,000 GO Bonds · · · · · 12 Resolution R133-93 for sale of $520,000 GO Tax Increment · · 12 RID/IP92-19/WEYBRIDGE 3RD ADDITION · · · · · · · · · · · · · · · 12 Motion not to assess watermain along butt lots · · · · · · · 14 Resolution R134-93 awarding contract · · · · · · · · · · · · 14 P~,ANS AND SPECS/IP92-25/UNIVERSITY AVENUE Resolution R135-93 approving final plans and specs · · · · · 14 REAPPOINT TREE COMMISSIONERS !1otion to reappoint Bob Whitcraft and Brian Lubbers · · · · · 14 DEFERRSD C0!1PENSATION PLAN Resolution R136-93 establishing deferred compensation plan · 14 Regular Andover City Council Meeting - June 15, 1993 Table of Contents Page ii MAYOR AND COUNCIL INPUT Assessment Manual · · · · · · · · · · · · · · · · · · · · · · 14 School District · · · · · · · · · · · · · · · · · · · · · · · 14 Boundary Commission Report · · · · · · · · · · · · · · · · · 15 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 15 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 15 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 15, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on June 15, 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 Engineers, John Davidson and Dan Fabian Assistant City Engineers, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander Others RESIDENT FORUM Rosella Sonsteby, 4151 141st Avenue NW - was surprised to have to pay assessments when she sold some lots on Woodbine off 143rd. She had an agreement with Bruce Hay, which was passed on to Nedegaard Construction, that he was to pay for any assessments. She reviewed the background regarding the installation of sewer and water through that area by the City. Mr. Davidson also reviewed the background of routing the water line through that area and the petition from Ms. Sonsteby for her lots. If there is an agreement between Ms. Sonsteby and Hay or Nedegaard, it is a private agreement. The City was not privy to any agreement between them. Nedegaard did not pay for all of the expenses to bring the utilities to the Meadows of Round Lake plat. He was not charged for the piece of line that runs outside of the plat. It was considered a trunk water main and is to be paid as people hook up. He suggested Ms. Sonsteby discuss this further with Mr. Nedegaard. Ms. Sonsteby agreed. Jim Lachinski. 1326 161st Avenue NW - understood the City is buying a building from Roger's Body Shop to construct Commercial Boulevard. Attorney Hawkins stated a pole building will be impacted by the road, and he understood the City will acquire it. He suspected the building would be taken down. Mr. Lachinski - stated he leases that building for his business. He questioned the market value placed on that building by the Allen Company, the assessor hired by the City. He stated the assessor was never inside the building, yet it was assessed for over $95,000; however, it was constructed in 1986 for only $14,000. He asked how a cold storage pole building could increased in value from $14,000 to over $95,000 without anyone even looking inside of it. Attorney Hawkins explained the assessor determines the market value based on a formula having to do with the income generated from that building. He suggested Mr. Lachinski look at his lease and talk with his attorney regarding the lease. ..cyy\~ ~ <P' 7/../93 c¡. "r.. 7/"0/'13 >. . » --.-~ - Regular Andover City Council Meeting Minutes - June 15, 1993 Page 2 AGENDA APPROVAL Add Item 14a, Storm Sewer/177th and Blackfoot; and Item l4b, Quinn Street Discussion. MOTION by Perry, Seconded by Knight, to approve the amended Agenda. Motion carried unanimously. APPROVAL OF MINUTES June 1, 1993, Regular: Correct as written. June 2, 1993, Special: Correct as written. MOTION by Knight, Seconded by Dalien, approval of Minutes for June 1 and Special Meeting on June 2. Motion carried unanimously. PUBLIC HEARING: IP93-9/TRUNK STORM SEWER/XEON STREET 7:46 p.m. Mr. Davidson reviewed the proposed construction project for trunk storm sewer in the Xeon Street area at an estimated project cost of $216,900. It is anticipated construction will be completed in 1993. A group of people from Oak Bluff 1st Addition objected to the proposed assessment, feeling their storm drainage has already been taken care of. He met with a number of residents last night and explained what they found in their survey regarding the drainage of the Oak Bluff 1st Addition. He reviewed the direction of that drainage, which is flowing in several directions. The requirements have changed completely since Oak Bluff J.st was completed and now are that the ponds hold two 100-year storms back to back, and that all landlocked ponds be provided an outlet. This project would outlet the Oak Bluff Pond No.2. All of the area included in the project technically contributes to the entire system, though some drain directly to different ponds. Mr. Davidson stated the other unique thing about the Oak Bluff 1st plat is that it was developed about the same time the City was considering urban services to the north of Coon Creek, and that is the reason it was developed into one-acre lots. There was considerable debate about allowing landlocked ponds at the time of this development, and the developer then agreed to be accountable to pay for the storm sewer for that entire 80 acres. When the smaller lot developments took place, the storm sewer was constructed; but the assessments were against the smaller lots and not against Oak Bluff 1st, except for the four lots that received urban services. None of the other lots in Oak Bluff 1st have received an assessment for storm water. The policy at that time was not to impose assessments on developed properties. Where it could be assessed, the assessment was deferred until actual connection to the facilities. But it probably was an oversight not to assess the developer per Resolution Rl19-86. Attorney Hawkins advised the City cannot now enforce Resolution Rl19-86, as there is no contract with the developer at this time. Regular Andover City Council Meeting Minutes - June 15, 1993 Page 3 (Public Hearing: IP93-9/Trunk Storm Sewer/Xeon Street, Continued) Mr. Davidson suggested if there is an assessment against Oak Bluff 1st, that it be treated the same as the other small-lot developments, reasoning that the larger lots have less impervious area. All lots would be treated uniformly. Council asked if the Oak Bluff Pond No. 2 would be allowed to remain as is if no additional development was adding water to it. Mr. Fabian stated if it is assumed that none of the Winslow Hills development would have been allowed to discharge into that pond, the pond would hold the water from the back of the lots whose drainage is directed to it. That was the condition at the time of the Oak Bluff 1st Addition development. Mr. Davidson also explained the $0.04 square foot cost was suggested in 1987, and their intent was to establish a sinking fund which would be used for storm drainage projects, maintenance, needed erosion control, etc. That sinking fund was not established by the City. The hearing was then opened for public testimony. ~errv Windschitl. Ashford Development. 3640 152nd Lane - stated he was at the Council meeting when the feasibility report was presented. He was given a copy, and his development of Weybridge 3rd was not included. Two weeks later a report was submitted that did include his plat, which disturbed him. He disagreed with being included in this storm sewer project. He said not one ounce of water from Weybridge 3rd will go into any pipe dealing with this project. His water goes through a pipe which he already paid for to the pond which then outlets to the trunk going to Coon Creek. As that area has developed, each developer has paid for all of the outfall, all of the trunk piping and all of the ponding to meet the storm drainage requirements of their particular plats. He stated the portion south of Andover Boulevard is all built, and everything has been assessed to one of the three developers, including the oversizing of the pipe. Therefore, he didn't feel he should be part of this project. Mr. Windschitl also stated the City does not have a policy of charging $0.04 square foot. Normally, the cost of a project is divided by the gross area of the parcels. Those south of Andover Boulevard were not charged $0.04 square foot but were assessed the actual cost of the project. All the costs in this project are for north of Andover Boulevard, and he felt he only has an obligation to pay for what he uses. Mr. Davidson apologized for the confusion and explained he gave Mr. Windschitl a copy of the original report that didn't include Weybridge 3rd. After further research, they could find no record of that area having paid for the costs of the pond or the line to the creek. They amended the feasibility, and the Council received that amended Page 3 at a future meeting. If Mr. Windschitl can find an assessment levied against the PIN number of the parcel for Weybridge 3rd, they could reconsider the assessment. Regular Andover City Council Meeting Minutes - June 15, 1993 Page 4 (Public Hearing: IP93-9/Trunk Storm Sewer/Xeon Street, Continued) Winslow Holasek, 1159 Andover Boulevard NW - reviewed the feasibility report of 1987 where the cost per square foot was stated at $0.0388. He understood assessments were based on actual cost divided by acreage and asked how the $0.04 square foot was calculated. Mr. Davidson stated they looked at the total cost of the storm drainage system including piping, oversizing of ponds, and outfall divided across the entire drainage area. They knew additional ponding will be needed to the north. The pipe was reduced from 42 inches to 30 because of the greater number of ponds. Mr. Holasek - said the ponds to be developed to the north will be totally paid for by the developer, so he questioned what the costs would be for in this project. He noted the assessments to three development areas pays for about $202,000 of the $216,000 for the project. He calculated that the 1987 feasibility actually amounts to $0.023 square foot, yet $0.04 is still being charged, that is three times what the project costs. He also questioned the final costs noted in the March 7, 1989, feasibility report. He stated he is in favor of the project, but disagrees with the assessment amount, thinking they are being over assessed. He presented a letter to the Council stating that position. Mr. Davidson stated there are additional costs such as constructing ahead of development, having to carry those costs and the cost of the bonding issue for a period of time and for future maintenance. Of the $200,000+ project, the City will only be collecting approximately $100,000 in 1993. The $0.04 square-foot charge established in 1987 was to cover these costs plus the oversizing of the pipe ahead of the developments. The intent is to be uniform. Council asked what would happen if they asked that there be no further drainage into the Oak Bluff Pond No.2. Mr. Davidson stated much larger ponds wold have to be constructed to the north of Pond No. 2 and the water piped directly from that pond to the south. It would be much more expensive. He also felt that what is being proposed will be adequate for the development within that watershed, including that area north of Crosstown Boulevard. Gene Benson, 1292 148th Lane, Oak Bluff - pointed out the Resolution Rl19-86 passed by the City Council on August 5, 1986, as noted in the City Council Minutes. Item 4 of the Resolution indicates the developer will assume the trunk assessments for the entire 80 acres of Oak Bluff 1 and 2. He asked if the Council will abide by the Resolution. Council stated the Attorney has advised the City cannot go back to the developer now since it was not assessed at that time. Mr. Benson - stated it is not the fault of the residents that the City did not follow through on that Resolution. They moved there with the understanding that the developer agreed to this. The ponding in 1986 was adequate for their development, as it did meet the 100-year flood requirement. Now the rules have changed to two 100-year floods back to back, plus other developments are discharging into Pond No. 2. The Regular Andover City Council Meeting Minutes - June 15, 1993 Page 5 (Public Hearing: IP93-9/Trunk Storm Sewer/Xeon Street, Continued) residents in Oak Bluff 1st feel they should be grandfathered out of the new regulations, that the City can't come back to them every time the rules and regulations change. It was also pointed out this evening by the engineers that Pond No.2 would hold the two 100-year floods back to back if additional water wasn't coming in from other developments. In 1987 there was very little to no water in Pond No.2, so the ground absorbed most of it. The only time that pond was high is when Winslow Hills 2nd was pumping out their ground water. Based on these facts, the residents do not feel they should be assessed for something they are not contributing to. He asked that the Council consider not assessing their subdivision based on the original Resolution in 1986 and the rules and regulations in effect at that time. Pat Moerke, 1237 l48th Lane NW - asked if the Council is asking the residents to pay for their oversight in not assessing the developer in 1986. At that August 5, 1986, meeting, Councilmember Lachinski felt the developer has to provide drainage without assessing neighboring parcels. That is pr"ecisely what the residents are asking now. Councilmember Perry didn't think the Council was asking that. They are trying to determine whether the changes in regulations will require improvements to that pond. If so, it is appropriate that the area be assessed. What she has heard this evening is the area can stand alone and no improvements would be necessary for this plat. Because of that, she didn't think it would be appropriate to assess Oak Bluff 1st. The engineers have said Pond No. 2 is adequate to hold two 100-year storms back to back for the Oak Bluff 1st Addition. Tom Anderson, 1269 l48th Lane NW - stated the pond between Winslow Hills and Pond No. 2 was put in and connected when Winslow Hills 2nd was developed. There is no natural drainage to that pond. He agrees that the development was to be self-contained and could withstand the two 100-year storms back to back. He pointed out the real reason for the trunk pipe is because of the developments to the north. He felt there is no reason why the pond directly north of Pond No. 2 couldn't drain directly to the south other than for the cost. Mr. Davidson stated Pond No. 2 counts in the total area drainage. If this pond weren't used, an equal area sized pond would have to be created to the north. The idea is to take advantage of pre-existing natural wetlands. Mr. Davidson then reviewed the changes in the federal and state regulations for surface water management. Mr. Holasek - asked if Oak Bluff Pond No. 2 would hold the two 100-year storms back to back without going onto his property. Mr. Davidson didn't think so without a barricade of some kind, that the area of the pond includes that portion on his property. John Mastley, 1226 148th Lane NW - read the paragraph from the City Council Meeting Minutes of August 5, 1986, regarding the agreement of the developer to be assessed for the storm sewer trunk for the entire 80 acres. If the City will not abide by that Resolution, he felt any other Resolution in the City could be disputed as well. He felt Oak Bluff 1st needs to be grandfathered, that the Resolution needs to be honored. . Regular Andover City Council Meeting Minutes - June 15, 1993 Page 6 (Public Hearing: IP93-9/Trunk Storm Sewer/Xeon Street, Continued) MOTION by Perry, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. MOTION by Jacobson, Seconded by Perry, the Resolution ordering the Improvement of storm drain, Project No. 93-9 in the Winslow Hills/Xeon Street NW area, and directing preparation of final plans and specifications. (See Resolution R122-93) Motion carried unanimously. MOTION by Jacobson, Seconded by Perry, that in the City storm sewer Project 93-9 in the affected area called Oak Bluff that was considered this evening, that the Council, when levying for the IP93-9 project, not assess those properties for the following reasons: defer to the Motion Rl19-86, Item No. 4 in that Resolution which was passed by the Council back in 1986. The reason that we are doing this is that we find that the City neglected to levy the assessment as indicated in the motion to the contractor in the appropriate amount of time. Based upon that, we are being advised by legal counsel that it is no longer assessable to that developer. We find the City has made an error and, therefore, should not penalize the residents. Motion carried unanimously. The Council felt the dispute with Mr. Windschitl can be easily verified. If Mr. Winds chit 1 can provide documents showing that he's been assessed, then obviously he doesn't have to pay twice. 9:15 p.m. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Knight, that the City approve Items: 3. Request for Extension of Hours/Bolander & Eagle (See Resolution R123-93) (See Discussion below) 7. Approve Garbage Haulers' Licenses (Waste Management-Blaine, and Michael P. Hall, Inc.) 8. Junkyard License Renewals (Andover Auto Parts, Anoka Auto Wrecking, Auto Truck & Van Salvage, Best Auto Parts, Commercial Auto Parts, Mom's Auto Parts, Sandeen Brothers, Wilber's Auto Parts) 14a. Storm Sewer/l77th and Blackfoot (See Resolution R124-93) 17. Award Bid/IP93-2/Pinewood Estates 2nd Addition (See Resolution R125-93, awarding bid to Mille Lacs Contracting, $382,040.60) 19. Receive May Financial Statements 20. Accept Petition/Order Feasibility Study/IP93-ll/Emerald Glen (See Resolution Rl26-93) 21. Approve Supplemental Feasibility Report/92-19/Weybridge 3rd 22. Approve Revised Grading Plan/pinewood Estates 2nd (See Resolution R127-93) 23. Approve Final Plat/Kadlec Estates (See Resolution R128-93) 25. Adopt Resolution Appointing Acting City Administrator (See Resolution R129-93, appointing Daryl E. Sulander) 27. Accept Easement/Hurst Property Regular Andover City Council Meeting Minutes - June 15, 1993 Page 7 (Non-Discussion Items, Continued) DISCUSSION: Item 3 - Councilmember Jacobson agreed with the extension of hours for Monday through Friday, but did not want to disturb the residents before 8 a.m. on Saturdays. Jerrv Bolander, Eaqle Truckinq, and Carl Branden, Site Supervisor for the WDE Landfill - stated that with the bad weather, every additional hour is needed. They requested at least trying the 7 a.m. on Saturdays; and if there are complaints, they would be willing to change to 8 a.m. The Council then agreed to an extra hour in the afternoon on Saturdays. CHANGE TO MOTION by Jacobson, to keep the hours at 8 a.m. on Saturday but extend it by one hour in the afternoon. The hours are then 7 a.m. to 8 p.m. on Monday through Friday and 8 a.m. to 5 p.m. on Saturday. Second Stands. Motion carried unanimously. VARIANCE/14365 ZILLA STREET NW Councilmember Perry did not feel there was a hardship for granting the variance. Because of the location of the house on the corner, she felt a l2-foot encroachment into the setback would create a problem for vehicles turning that corner. Bradley Helland , 14365 Zilla Street NW - didn't feel it would be a problem fo~ the traffic. The way the house sits, there is approximately 8 inches to the setback line from the sliding glass door. Councilmember Perry felt it would be more appropriate to construct steps and a landing to the back of the house. Mr. Melland - stated east of the proposed deck is the footings for a fire place, which creates a problem. He didn't think it would work to make the deck narrower and longer because of the fire place footings. Sandford Sackter, LandscapinG at pine Cone Nursery - designed the deck for Mr. Melland. He has photographs of the area and explained there is a problem with elevation to do what Councilmember Perry suggested. It would take about seven steps and still encroach the easement eight feet because of the fire place. The topography is the real hardship in this case because the area is constructed on a slope. One tree is, located in the easement approximately 13 feet from the corner of the house. Also, adjacent to the deck would be is landscape material for screening. To the east boundary of the property there are two additional plantings that would screen the deck from the east looking to the west. He didn't think the deck would have any impact on traffic whatsoever. Councilmember Jacobson stated because of the stop sign at l43rd and Zilla, the visibility issue for traffic may not be a factor. Berrv Badinqer, 1283 143rd Lane NW - lives adjacent to Mr. Melland to the east. He saw the deck as an improvement to the property, not something that takes away from it. He felt a set of steps would be more obtrusive than the attractive deck being proposed. All of the neighbors signed the petition in favor of the deck. ,-- Regular Andover City Council Meeting Minutes - June 15, 1993 Page 8 (Variance/14365 zilla Street NW, Continued) Roqer Sherke, Attornev representinq Mr. Melland - explained when Mr. Melland bought the house, he told the builder it was his intent to build the deck. Somebody made the mistake in this case, and it wasn't Mr. Melland. He would be left with either a sliding glass door elevated off the ground or to completely reconstruct the house to eliminate that door. He is willing to compromise to construct the deck to encroach into the setback by only 10 feet instead of the requested 12 feet. He understands with the amendment to the ordinance, an additional five feet is needed in these cases, which amounts to only a five-foot encroachment. Without the variance, he would not be able to use his property as he envisioned when he purchased the home. Mr. Melland - stated he would be willing to reduce the size of the deck to 10' x 10' rather than the 10' x 12' proposed. That would allow for the 10 feet the house could have been moved to the north when it was built . MOTION by Dalien, Seconded by Jacobson, the Resolution approving the variance request of Bradley Melland to Ordinance No. 8, Section 6.02 which requires a 35-foot sideyard setback from the street to allow for the placement of a deck encroaching over 9 feet into the required sideyard setback at the property located at 14365 zilla Street NW, legal description described as Lot 11, Block 1, Old Colony Estates (for a 10' x 10' deck) . (See Resolution R130-93) Motion carried on a 4-Yes, 1-No (Perry) vote. QUINN STREET DISCUSSION Councilmember Knight stated he received a phone call from residents in the Red Oaks area regarding a confrontation which took place last night in the vicinity of Quinn Street and 138th. That appears to be an on- going problem with traffic speeding through that area. Dale Lenz, 1337 Ouinn and Glen Kirshener, 13779 Ouinn - addressed the Council explaining the traffic situation has gotten slowly worse. They have tried talking to parents of the drivers who speed through the area -- that didn't work. Now their children are being threatened. Last time they were before the Council, they were told the Sheriff's Department was going to watch the area. They did; however, they didn't issue any tickets. They understand the problem with only a few Deputies on duty at anyone time in the City. They feared that someone is going to get run over and killed on that street; it's just a matter of time. They are also very concerned about the threats against their families. They asked how they can get that street closed off. Attorney Hawkins stated the Council has the right to close a road, but he felt it would be a good idea to hold a hearing with the residents. Regular Andover City Council Meeting Minutes - June 15, 1993 Page 9 (Quinn Street Discussion, Continued) After some discussion, the Council agreed to have temporary barricades set up to close Quinn Street at about l38th Avenue. Signs indicating when the road will be closed will be set up; then the barricades put up temporarily. This is to be done as soon as possible. They also agreed to hold a meeting with the affected residents at the next regular meeting, July 6, 1993, to discuss the possibility of permanently closing the street. Mr. Lenz and Mr. Kirshener agreed to notify the residents of the meeting. Mr. Haas stated the City will also send out notices of the meeting. The Mayor also agreed to request additional Deputy enforcement for that area. APPROVE REVISED PLAN/ROUND LAKE AND BUNKER LAKE BOULEVARDS The Council determined no contractual obligation is needed with Grace Lutheran Church regarding those items agreed to for the access to the church in the Bunker Lake Boulevard road construction project. The following motion was made basically concurring with the May 27, 1993, letter received from the Reverend Steven L. McKinley. MOTION by Perry, Seconded by Knight, that the Andover City Council accept the letter dated May 27, 1993, from Grace Lutheran Church regarding the agreement that has been reached between the church and the City in regard to the improvement of Round Lake Boulevard; and that the City has agreed to the following per the letter: 1. The City will recommend that temporary span-wire traffic control system be installed at the intersection of Bunker Lake Boulevard and the new north/south street. 2 . That the City will recommend that the county engineer design the road and be constructed in compliance with engineering data and to make every effort to insure that surface water drainage is away from the church parking lot. 3. The City will accept the north/south and east/west streets as public streets. 4. That provision will be made for the installation of adequate signings to indicate access to the church and that the costs for that installation will be borne by either the City or the county. ~) . That the City of Andover agrees to and has installed replacement trees on the earth berm. 6. That the City will recommend that the Church's current driveway access to Bunker Lake Boulevard be reconstructed by Anoka County into an entrance-only configuration. And that a letter be drafted to the minister of Grace Lutheran Church, the Reverend Steven L. McKinley, and signed by the Mayor. DISCUSSION: Councilmember Perry stated the City will not accept liability for any and all accidents that may occur on the streets, as the City's liability would be the same as for any other public street. Regular Andover City Council Meeting Minutes - June 15, 1993 Page 10 (Approve Revised Plan/Round Lake and Bunker Lake Boulevard, Continued) Dale Strassberq, 3422 l36th Lane - stated there are some issues that are not addressed in the letter. There's nothing specific about the building of the berm and trees in front of the residences. There was discussion of the berm continuing in front of Big Wheel Rossi. Also, the church said they would put in a gate at 136th, but that has not yet been done and traffic continues to go through there. He felt some date should be set for when that will be done. Mayor McKelvey stated the letter only addresses its agreement with the City, not with the residents. He agreed to add a paragraph in the letter to Rev. McKinley asking that the gate be installed as soon as possible but no later than the completion of the road project. Motion carried unanimously. MUSA DISCUSSION Council discussed potential areas for the expansion of the Metropolitan Urban Service Area if the City receives additional MUSA. The next step would be to ask for 200 additional acres of MUSA. Mayor McKelvey didn't know if that would be 200 buildable acres or acreage including nonbuildable land. It was his preference to develop in an orderly fashion, noting the parcels requesting MUSA that lie south of Andover Boulevard and east of Hanson Boulevard amount to roughly 200 acres. Hs. Carlberg stated about eight acres of Ms. Sonsteby's property on the west side of the City can be serviced with the Coon Rapids Interceptor. The question to be addressed on that parcel, however, is access to it. Mayor McKelvey reported the Mayor of Anoka has indicated they will be developing the property north of Anoka High School within the next year. At that time, they may have some access in the sewer line left to serve that southwest corner of Andover. This is Anoka's own line. The CAB Intercept will not be available until the year 2020. Councilmember Jacobson suggested the City look at the impact of expansion on the schools, police and fire protection, etc. Does the City want to continue as in the past or does it want to slow down to catch up? He'd like to see someone come in with some nice senior housing with a small shopping center, medical clinic, etc. That should be determined by zoning now before the City is all built up. Mayor McKelvey was told the school district needs Andover's expansion to fill in the elementary schools in Coon Rapids. The building needs now are for the middle school. The senior citizen housing concept is also being considered. Councilmember Perry felt the MUSA should be expanded logically as pr0posed by the Comprehensive Plan Task Force. She had no problem with the proposal of Mayor McKelvey, but she also felt that the wetlands, etc. , should be included in the 200-acre request. Because several of the Councilmembers were not prepared to make a recoIT~endation on the specific parcels this evening and because of the late hour, the Council agreed to table the item until July 6, 1993. .. ,. ,. . Regular Andover City Council Meeting Minutes - June 15, 1993 Page 11 ATV/SNOWMOBILE ORDINANCE DISCUSSION Mayor McKelvey reported the Planning and Zoning Commission recommended no change to the ATV/Snowmobile Ordinance at this time. The Anoka Snowmobile club has volunteered to help with policing and educating the snowmobiler users. No Council action was taken. PURCHASE OF RIGHT OF WAY/KOTTKE BUS COMPANY Mayor McKelvey asked if there is anything in the agreement regarding the fencing, as he was asked about it. Attorney Hawkins stated no, that he was not aware of any wishes regarding the fence. He explained Kottke Bus Company has accepted the City's offer of $18,000 for the right of way. He asked the Council to accept the deed and to authorize the payment of $18,000 to Kottke Bus Company. MOTION by Knight, Seconded by Perry, to so move. Motion carried unanimously. AUTHORIZE COMSTOCK DAVIS TO NEGOTIATE EASEMENTSIIP92-25 MOTION by Jacobson, Seconded by Perry, to authorize the firm of Comstock and Davis, Inc., to negotiate for right of way on Project IP92-25 known as University Avenue Project. Motion carried unanimously. JOINT PURCHASE AGREEMENT/HAM LAKE AND ANDOVER MOTION by Perry, Seconded by Knight, to accept the Joint Powers Agreement as presented for the purchase of a wood chipper between the Cities of Andover and Ham Lake, for an amount not to exceed $16,000. Motion carried unanimously. PURCHASE WOOD CHIPPER MOTION by Perry, Seconded by Jacobson, that we authorize the Public Works director of the City of Andover to purchase, in cooperation with Ham Lake, a Vermeer Model 1220 Brush Chipper. Total costs of the purchase will be $15,975 with Andover's share to be $7,987.50; and that the funds to be taken from the Recycling Budget item. Motion carried unanimously. CAPITAL EQUIPMENT PURCHASES FOR 1993 MOTION by Knight, Seconded by Jacobson, the Resolution authorizing the expenditures for street maintenance equipment from the Permanent Improvement Revolving Fund. (See Resolution R13l-93 purchasing a Rosco R."\.2 000 spray patcher and to replace plow mounting equipment on Unit #180) Motion carried unanimously. Regular Andover City Council Meeting Minutes - June 15, 1993 Page 12 SET DATE/PUBLIC WORKS OPEN HOUSE The Council agreed to the date of July 22, 1993, 7 p.m. to 9 p.m., as the Open House with Public Works. AUTHORIZE BOND SALE/1993 SERIES A AND B Attorney Hawkins reviewed the proposal to refinance the $1,550,000 General Obligation Temporary Improvement Bonds which mature on December 1, 1993, and the financing of current improvement projects being constructed. MOTION by Dalien, Seconded by Perry, the Resolution providing for the issuance and sale of $3,650,000 General Obligation Improvement Bonds, Series 1993A. (See Resolution R132-93) Motion carried unanimously. Attorney Hawkins then outlined funding needed for the Commercial Boulevard improvement within Tax Increment Financing District 1-2. The cash flow analysis of the TIF District indicated the City will have $1,569,000 available at the end of the year. He felt there would be sufficient funds if the City is interested in acquiring other property in that District. The TIF District expires in the year 2012. Mayor !1cKelvey stated he still has not received written notices from any property owners who may be interested in selling their properties. MOTION by Jacobson, Seconded by Perry, the Resolution dated June 15, 1993, which provides for the issuance and sale of $520,000 General Obligation 'I'ax Increment Bonds, Series 1993B as presented by legal counsel. (See Resolution R133-93) Motion carried unanimously. AWARD BID/IP92-19/WEYBRIDGE 3RD ADDITION Mr. Davidson explained the developer, Jerry Windschitl, had asked that all items of concern be resolved and in writing prior to the awarding of the bid. One item of concern is the size of the outfall to the pond. It is his contention that the pipe must be sized as designed and laid to a grade and elevation as designed because the water in Mr. Windschitl's pond will rise to the same elevation as the regional pond along Andover Boulevard. He provided Mr. Windschitl's engineer with the data on that matter to check, and they will either concur or disagree with the design of that pipe. The pipe also affects the sanitary sewer grade elevation. In order to get sanitary sewer with enough clearance below the 2l-inch storm sewer, they had to redesign the way the sewer serves the lots in the 3rd Addition and several lots need to have the lowest floor elevations adjusted upward by a foot or two. They've agreed to do that with and if there is concurrence in the design of the storm sewer system. Finally, Mr. Windschitl is objecting to having to pay for lateral benefit for the trunk watermain along Andover Boulevard. When the original feasibility report was presented, Mr. Windschitl appeared Regular Andover City Council Meeting Minutes - June 15, 1993 r Page 13 (Award Bid/IP92-19/Weybridge 3rd Addition, Continued) before the Council and contested being assessed for that watermain. The Council Minutes of February 4 indicate that Mr. Schrantz said the developer would be assessed for the side lot benefit, which is one-half of the eight-inch line, on the side lots adjacent to the street. That only affects one lot on the east and one lot on the west end of the plat. All the other lots are butt lots with watermain on both sides. At that meeting Mr. Davidson stated each case is unique and emphasized that when the property to the west of this is platted, this was a necessary looping of the ·-atermain plus will provide service to the north side of Andover BouJ.evard when it develops. At that time the Council suggested a specific policy be stated in the Assessment Manual. To his knowledge, that has not been done; and since he wrote the supplemental feasibility to be the same as the first report, forgetting that this issue had been talked about, he felt it is appropriate that he bring this back for Council consideration. He felt it is difficult to put a specific policy into the Assessment Manual because each case is a little unique. The Council discussed the concerns with the watermain assessment and what had been done in the past. Mr. Davidson explained the trunk line ,d. 1 1 loop back and tie in with Mr. Windschitl's next Addition. The benefit may not be a di~ect lateral benefit; but, obviously, there is a benefit in establishing fire protection and an adequate water supply within each of the subdivisions. It has a functional benefit that is being paid for with area trunk charges. The question is whether the lateral benefit should be assessed. It doesn't mean that every trunk watermain has to have a lateral benefit, but they try to route them so there is a direct lateral benefit if possible. Jerrv Windschitl, Ashford Development - stated there is no argument with the area charge. This is a situation where there is a watermain on both sides of the lots, and the issue was brought to the Council a year ago. He felt it had been resolved at that time. He didn't think there was any place in the City where both sides of a lot were assessed for water. Council indicated they did not concur with the City Engineer's statement at that meeting, that it was not a council directive. Mr. Winds chit 1 - stated the other items are engineering items that either work or don't work, and his engineer will make the calculations. He felt a smaller pipe size would work, but his engineer will research that further. This item he felt he had a prior agreement. Mr. Davidson chen stated his recommendation is that there be a l2-inch watermain along Andover Boulevard as development occurs. The policy question of the assessment must be a Council decision. The fact that the water line is on both sides of the lots is a unique situation in this case. He felt that if the Council agrees, that Mr. Schrantz's suggestion is reasonable, He didn't want this to set a precedent because there can be situations where there will be direct lateral benefit. The Council agreed with the suggestion made previously by Mr. Schrantz, that is not to assess the lateral benefit where the line is on both sides of the lot but to assess the end lots for one-half of the eight-inch line. .-- -. Regular Andover City Council Meeting Minutes - June 15, 1993 Page 14 (Award Bid/IP92-19/weybridge 3rd Addition, Continued) MOTION by Jacobson, Seconded by Knight, that in the particular instance of Weybridge 3rd and the question of watermain which travels along the south side of Andover Boulevard at the north end of the plat, that the City Council assess only the lots at the two ends of the line on both the east and west sides of the plat; that the remaining line is covered by City costs until future development pays the area charges to pay for it. Motion carried unanimously. MOTION by Perry, Seconded by Knight the Resolution accepting bids and awarding contract for the improvement of Project No. 82-19 to Old Is Gold Construction in the amount of $199,927.32. (See Resolution R134- 93) Motion carried unanimously. APPROVE PLANS AND SPECS/IP92-25/UNIVERSITY AVENUE MOTION by Knight, Seconded by Perry, the Resolution approving final plans and specifications and ordering advertisement for bids for Project 92-25, University Avenue. (See Resolution R135-93) Motion carried unanimously. REAPPOINT TREE COMMISSIONERS MOTION by Perry, Seconded by Knight, that the Andover City Council reappoint Bob Whitcraft and Brian Lubbers to the Andover Tree Commission with terms to expire December 31, 1994. Motion carried unanimously. APPROVE RESOLUTION/DEFERRED COMPENSATION PLAN MOTION by Perry, Seconded by Dalien, the Resolution establishing a deferred compensation plan to be administered by the ICMA Retirement Corporation, as presented. (See Resolution R136-93) Motion carried unanimously. MAYOR AND COUNCIL INPUT Assessment Manual - Councilmember Perry suggested the Council set a special meeting at some point to review the Assessment Manual. Council tentatively agreed to such a meeting toward the end of July. School District - Mayor McKelvey reported the School District is interested in acquiring the property across from the City Hall which is being proposed for the Park Complex No.2. They propose adding 20 rooms to Andover Elementary plus construct a new middle school complex. He will be meeting with them again this week. It is still a concept, but they want to finalize it by the end of the month to be able to go out for a bond issue this fall. The Andover Recreational Association and all the Park Board members he talked to are in favor of the proposal. Regular Andover City Council Meeting Minutes - June 15, 1993 Page 15 (Mayor and Council Input, Continued) Boundary Commission Report - Commissioner Dalien reported the plat proposed by the Andover Boundary Commission will be recorded at the County Recorder's office tomorrow. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Knight, approval of total claims in the amount of $3,571,206.08. Motion carried unanimously. MOTION by Perry to adjourn. Motion carried unanimously. The meeting was adjourned at 11:50 p.m. Respectfully submitted, '~~2:~L Recording Secretary -~ - -