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HomeMy WebLinkAboutCC March 2, 1993 ------ -- - ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular city Council Meeting-March 2, 1993 Call to Order - 8:01 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Continued Public Hearing/92-24/Andover Boulevard 2. Public Hearing/92-27/Commercial Boulevard 3. Variance/17539 Flintwood street N.W. 4. City Hall Park Complex #2 Discussion 5. Minor Amendment to Comprehensive Plan/Park Complex #2 6. Eidelweiss street Discussion/92-21 Staff, Committees, Commissions 7. Crossover Bond Refunding 8. CDBG Funds from Previous Years 9. Transportation Study Responses 10. Authorization to Hire Custodian 11. Appoint Public Works Secretary 12. Appoint Public Works utility Person 13. Authorization to Purchase utility Trailer 14. Bonestroo Engineering 1993 Rates 15. Appoint Equestrian Council Members Non-Discussion Items 16. Adopt Resolution Denying Impound Lots 17. proclamation/Volunteers of America Week 18. Approve Designation/Andover Boulevard 19. Approve No parking/Andover Boulevard 20. Award Bid/92-20jWoodland Creek 3rd 2l. Approve Final Payment/92-22/Andover Blvd. watermain 22. Accept Petition/93-8jWoodland Meadows Street Lights 23. Approve stop Signs/Chapman's 1st - 6th Additions 24. Release Letter of Credit/Hidden Creek East 2nd & 3rd Mayor/Council input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 2, 1993 TABLE OF CONTENTS AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 CONTINUED PUBLIC HEARING/IP92-24/ANDOVER BOULEVARD' · · · · · · · 1 Resolution R047-93 ordering improvement · · · · · · · · · · · 3 Motion on assessments of project · · · · · · · · · · · · · · 3 PUBLIC HEARING/IP92-27/COMMERCIAL BOULEVARD. · · · · · · · · · · 4 Resolution R048-93 ordering improvement · · · · · · · · · · · 5 EIDELWEISS STREET DISCUSSION/IP92-21 · · · · · · · · · · · · · · 5 Motion to purchase Lot 4, Block 4, Woodland Creek 3rd · · · · 8 RESOLUTION DENYING IMPOUND LOTS Resolution R049-93 to deny impound lots in Andover · · · · · 8 Motion to allow Lund's Impound Lot to relocate within 120 days 8 VARIANCE/17539 FLINTWOOD STREET NW Resolution R050-93 to deny · · · · · · · · · · · · · · · · · 9 CITY HALL PARK COMPLEX #2 DISCUSSION · · · · · · · · · · · · · · 9 MINOR AMENDMENT TO COMPREHENSIVE PLAN/PARK COMPLEX #2 Motion to approve · · · · · · · · · · · · · · · · · · · · · · 9 CROSSOVER BOND REFUNDING Motion to authorize Casserly to investigate bonds · · · · · · 10 CDBG FUNDS FROM PREVIOUS YEARS · · · · · · · · · · · · · · · · · 10 NON-DISCUSSION ITEMS Transportation Study Responses · · · · · · · · · · · · · · · 10 Hire Custodian (Ghost Dusters) · · · · · · · · · · · · · · · 10 Public Works Secretary (Rhonda McDonald) · · · · · · · · · · 10 Fire Department Secretary (Wendy Deal) · · · · · · · · · · · 10 Public Works Utility Person (Donald Gauthier) · · · · · · · · 10 Purchase Utility Trailer .... · · · · · · · · · · · · · · 10 Bonestroo Engineering 1993 Rates · · · · · · · · · · · · · · 11 Appoint Equestrian Council Members · · · · · · · · · · · · · 11 Proclamation/Volunteers of America Week · · · · · · · · · · · 11 Resolution R051-93 approving designation/Andover Boulevard · 11 Resolution R052-93 for no parking/Andover Boulevard · · · · · 11 Approve Stop Signs/Chapman's 1st - 6th Additions · · · · · · 11 BID/IP92-20/WOODLAND CREEK 3RD Resolution R053-93 awarding bid · · · · · · · · · · · · · · · 11 FINAL PAYMENT/IP92-22/ANDOVER BOULEVARD Resolution R054-93 approving payment · · · · · · · · · · · · 11 PETITION/IP93-8/WOODLAND MEADOWS STREET LIGHTS · · · · · · · · · 11 MAYOR AND COUNCIL INPUT Metropolitan Council · · · · · · · · · · · · · · · · · · · · 12 Temporary Signs · · · · · · · · · · · · · · · · · · · · · · · 12 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 12 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · 12 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 2, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on March 2, 1993, 8:01 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 Tom Syfko City Planner, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, James Schrantz Others AGENDA APPROVAL MOTION by Knight, Seconded by Perry, approval of the Agenda. Motion carried unanimously. APPROVAL OF MINUTES February 10, 1993, Special Meeting: Correct as written. February 16, 1993, Regular Meeting: Correct as written. February 16, 1993, HRA Meeting: Correct as written. MOTION by Jacobson, Seconded by Knight, approval of the February 10 meeting Minutes. Motion carried unanimously. MOTION by Jacobson, Seconded by Knight, approval of the two meetings on February 16. Motion carried on a 4-Yes, I-Present (Perry) vote. CONTINUED PUBLIC HEARING: IP92-24/ANDOVER BOULEVARD 8:04 p.m. Mr. Davidson reviewed the background of the project and the proposal to extend the watermain and sanitary sewer line plus reconstruct the road between Crosstown and Hanson Boulevards as a City MSA street. (See the February 2, 1993, Regular Andover City Council Meeting Minutes) At the last hearing, the Council was concerned about the ability to carry the costs for the watermain and sewer for that area east of the entrance to the pinewood Estates development, that area which has not petitioned for this project. They have analyzed the fund budgets and determined the funds are available as was discussed with the Council on a Special Meeting on February 10. The proposal is to construct the project, assess all of their costs to those west of the Pinewood Estates entrance which submitted a petition for the project, defer the costs for sanitary sewer and watermain for those east of that .J'ý)'\~ ~ ","" .3/,'- /9 3 Regular Andover City Council Meeting Minutes - March 2, 1993 Page 2 (Continued Public Hearing: IP92-24/Andover Boulevard, Continued) point, but to assess that eastern area for the road construction at this time. Mr. Davidson also reviewed the estimated costs of the street construction, explaining the street assessment would be only for the street and storm sewer costs that would not be paid for by MSA funds. The estimated assessments for each parcel were reviewed, noting it is expected the construction would be done during 1993. Carol Christopherson. 1703 Andover Boulevard NW - stated her costs would then be about $1600 for one lot and $1260 for another. Nothing was said at the last meeting about assessing them for the street costs. Mr. Davidson explained the county has agreed to turn the road over to the City and to provide funds of $130,000 by June 4 for the upgrading of the road to their standard. The City will upgrade it to the City's MSA standard using those funds plus the MSA funds. The proposal is to assess everyone for those costs not covered by the MSA funds. It is estimated the ineligible costs would be $23,000. Bill Hupp, 1650 Andover Boulevard NW - asked if he can expect more and more water in his area as the development increases. He stated the ground water level is already high, that he has a pond in his front yard when it rains; and he is concerned that further development will increase the problem. Mr. Davidson reviewed the storm water and piping system for the project and in the vicinity of the Hanson and Andover Boulevards intersection. The City will be putting control ponds ahead of the development on the northwest and northeast corners, with the overflow going down the ditches on Hanson Boulevard. Mr. Hupp - asked if he will get more drainage when the road is upgraded. Mr. Davidson explained the majority of the drainage will go west through a series of pipes and flow out to Coon Creek. The small portion that will drain east will be piped to Hanson Boulevard. Daryl Stern, 1653 Andover Boulevard NW - understood the water from the pinewood Estates development will drain onto his property. When all the drainage comes to his property, it in turns affects the other low properties around him. Mr. Davidson again reviewed the drainage system for this project and the additional ponding that will be done in the Pinewood Estates development. The only time the ponds will overflow is in the 100-year critical event. They will make sure the culverts are opened so the ponds maintain the same level as they always have. The intent is not to add more water to his property. Councilmember Jacobson asked if the money from the county could be used to cover the ineligible MSA costs. Mr. Davidson stated that may be possible; however, he understood that much of the City's MSA fund has been allocated to other projects and that there isn't enough to pay that approximately $23,000 of ineligible MSA costs. Ms. Christopherson - asked why those who have double lots must be assessed for both lots. Mr. Syfko explained the assessment for the streets and storm sewer is pro-rated on the contributing drainage area. The low land won't be assessed. Regular Andover City Council Meeting Minutes - March 2, 1993 Page 3 (Continued Public Hearing: IP92-24/Andover Boulevard, Continued) Ms. Christopherson - asked how the assessments will be paid. Staff and Engineers explained it can be paid up front without interest, or with the real estate taxes over a ten-year period at the rate of 7 percent interest. Jolene Kindal - asked if she will be assessed. Her name is on the petition, but she has changed her mind. Being new in the neighborhood, she didn't know what she was signing. Council explained that because she is east of the entrance to Pinewood Estates, she would not be assessed for sewer and water unless she wishes to hook up. She will only be assessed for the street and storm sewer. Whenever anyone on the east side of the. project wishes to hook up to sewer and water, they will have to petition the City to do so. rt can be done on an individual basis; however, it would be better if several came in at a time. Mr. Hupp - asked several points of clarification on the assessment. Staff and Council explained the sewer and water costs will not be assessed to the east side of the project at this time; however, when they do petition, the cost will be indexed for every year from the time of the project to the hookup according to the Engineering News Record Index. The interest will not begin until they hook up. There is no time period in which they will be required to hook up to sewer and water, as the City is considering this as a part of the trunk system. Ms. Christopherson - asked who pays for the costs if her fence must be removed. Staff explained it would be done as a part of the project. Dan Furev, 1815 Andover Boulevard NW - asked if they would be compensated when trees must be removed to widen the road. Mr. Davidson stated they can replant two trees for each one taken down. If the trees are in the right-of-way, there would be no compensation; but if trees on private property are needed for other purposes, there can be either compensation or replacement. The additional width of the road will be taken equally from each side as much as possible, and the road will be made straight where it tends to wander now. MOTION by Knight, Seconded by Perry, to close the public hearing. Motion carried unanimously. MOTION by Perry, Seconded by Jacobson, the Resolution ordering the improvement of sanitary sewer, watermain, streets and storm drains, Project No. 92-24 as presented. (See Resolution R047-93) Motion carried unanimously. MOTION by Perry, Seconded by Knight, that those properties petitioning for sanitary sewer and watermain in the project known as 92-24 will be assessed. Those properties not petitioning for sanitary sewer and watermain will have the assessment deferred until such time as they petition, and that assessment will be indexed by the Engineering Cost factor. All properties within the project known as Project 92-24 may be assessed for the non-reimbursable costs of street and storm sewer. Regular Andover City Council Meeting Minutes - March 2, 1993 Page 4 (Continued Public Hearing: IP92-24/Andover Boulevard, Continued) DISCUSSION: Council noted they would look at the possibility of the county funds being applied to the non-reimbursable MSA costs; however, if that cannot be done, the residents will be assessed as presented this evening. Councilmember Perry also understood that the City will not hold the people who signed the petition to automatically hook up to sewer and water. Motion carried unanimously. 8:47 p.m. PUBLIC HEARINGIIP92-27/COMMERCIAL BOULEVARD 8:47 p.m. Mr. Syfko reviewed the proposed project of Commercial Boulevard between Nightengale Street and Hanson Boulevard, including sani tary sewer, watermain and storm sewer. The total cost of the project is estimated to be $1,004,400. The method of payment would be the City's Tax Increment Financing funds paying for the southern half as well as other nonassessable parcels, and the northern half assessed to the benefitted properties. The end result is that 75 percent of the total cost, approximately $685,500, will come from TIF funds; and 25 percent, approximately $318,900, will be assessed to parcels. The hearing was opened for public testimony. Ron Black, Elk River. Attornev for James Runke, Parcel 44-0007 - explained the concern of Mr. Runke is that the location of the road through this lot basically destroys any remaining benefit Mr. Runke has for the lot. Mr. Runke had plans to expand his building, but that cannot be done with the road location as shown. They wondered why the road couldn't be shifted further to the south for an equal taking of this lot and Lot 31. As proposed, the small triangle on the southwest corner is useless, and the remaining portion of the lot cannot be used to expand his building and still meet all setback requirements. Mr. Syfko explained to move the road further south would not meet the minimum curve design for State Aid standards. Attorney Hawkins stated if a triangular piece is created, it is expected the City will purchase it from Mr. Runke as a part of the acquisition. There is the possibility that Mr. Runke could also be compensated for any damage to the parcel. Roqer Strelch - felt Commercial Boulevard is a road that goes no where and serves no purpose. There is only residential to the south which cannot access the road, and none of the land east of Jay Street north of this road will be developed. The property he is being asked to buy is 150 feet of high line easement which cannot be developed. Council explained this is the first phase which will eventually connect Crosstown to Hanson. It is proposed that the land between Jay Street and the City's Commercial Park will be developed as industrial, and that the road provides the buffer between the residential and industrial areas. James Runke - asked about the speed of the curve shown on the west end of the road project. Mr. Syfko explained the road will stop at the end of the Andover Auto Parts parcel, and the specific location and design of the curve has not been determined yet. Regular Andover City Council Meeting Minutes - March 2, 1993 Page 5 (Public Hearing/IP92-27/Commercia1 Boulevard) MOTION by Knight, Seconded by Perry, to close the public hearing. DISCUSSION: JoAnn Wilbur - asked if the City is taking equal parts of property from Andover Auto Parts and the land to the south. Mayor McKelvey explained the intent is to take all of the easement from Andover Auto Parts. If easement were taken from the 10-acre parcel to the south, that parcel would not be large enough to develop into residential lots. He has not yet spoken to Bob Pears, owner of Andover Auto Parts, about the City's proposal. John Sandeen, representinG Mr. Pears - stated he talked with Mr. Pears last evening. The concern is it appears the City is taking all the land from Mr. Pears so that all the residential lots can be developed to the south. That seems suspicious to them. Council stated that it has always been the City's intent that Commercial Boulevard would link the City's Commercial Park to Hanson Boulevard and that it would be the buffer between the residential and industrial areas. This is the final product of years of work by the City. Mr. Schrantz explained the proposal is to acquire the right of way and construct the sewer and water this year, then possibly do the streets next year, depending on the funding. Mr. Sandeen - stated with commercial development being a larger tax base than residential, he still felt it made more sense to take half of the easement from both parcels. The Engineers explained if that was done, the road would then be shifted south and would affect all the platted lots on both sides of Jay Street plus the sewer and water that is already in those areas. Mr. Carlberg also noted that Mr. Pears will be able to subdivide his property into more commercial lots than he has now because of the access his property would have onto Commercial Boulevard. Motion carried unanimously. Attorney Hawkins stated he has reviewed the TIF funds with Mr. Sulander. Approximately $5 million will be needed to payoff one of the bond issues used to fund the internal improvements of the Commercial Park. The City will need to sell bonds for this project, something he saw no problem in doing. MOTION by Jacobson, Seconded by Perry, the Resolution. (See Resolution R048-93 ordering the improvement of sanitary sewer, watermain, streets and storm drains, Project No. 92-27, along Commercial Boulevard between Nightingale Street and Hanson Boulevard) Motion carried unanimously. EIDELWEISS STREET DISCUSSION/IP92-21 Mayor McKelvey reviewed the proposal to construct a new street from Woodland Creek 3rd Addition between Crooked Lake School and Meadow Creek Church to Bunker Lake Boulevard. He met with the President of the School Board and others, who have stated they would not provide the land to connect Woodland Creek 3rd Addition to the existing Eidelweiss Street because of the nature center. They have agreed, however, to donate the Regular Andover City Council Meeting Minutes - March 2, 1993 Page 6 (Eidelweiss Street Discussion, Continued) right of way needed to construct a street on the west side of Crooked Lake School. He also understands that Meadowcreek Church has agreed to donate the easement needed for the road. Both are agreeing to the donation of easement with the understanding that they would not be assessed for the road construction. The residents would like to see the road built, though they realize it will not be done in the near future. The county prefers this road to align with the intersection of Heather. The costs to construct the road and to relocate Heather Street NW on the south side of Bunker Lake Boulevard is $82,000 plus the $20,000 for the lot in Woodland Creek 3rd. Mayor McKelvey continued that Woodland Development is willing to sell the lot to the City in Woodland Creek 3rd Addition that would be needed for the road at a cost of $20,000. It normally sells for $35,000. If the City does not wish to purchase the lot, they will sell it for development. The Mayor asked the Council to consider purchasing the lot to ensure that at some point in the future a road could be constructed south to Bunker Lake Boulevard. Without that lot, any connection between Woodland Creek 3rd to Bunker Lake Boulevard would be impossible. If the City does purchase the lot now but finds in the future that it cannot build the road, the lot can then be sold for residential purposes. Mayor McKelvey also noted that one of the main arguments for putting in the road is that a past Council had indicated that there would be another exit from Woodland Creek 3rd, and the residents purchased their properties with that premise in mind. Since them, the school district purchased the parcels between the Addition and Eidelweiss; and they are not willing to provide an easement for the outlet through Eidelweiss. Also, it is a neighborhood of many small children, and there is concern over the safety hazard of all the traffic funneled out one exit. Councilmember Jacobson stated the Meadowcreek Church Board of Trustees has recommended approval; however, the proposal must be voted on by the entire church. He also pointed out that unless there is a change in policy, the City has never constructed a road, except MSA streets, without assessing the costs to the benefitting properties; and this does not qualify for MSA funding. He asked where the funds would come from to construct it if it is not assessed. He didn't want to promise the residents something that the City will not be able to provide, plus he was concerned about this setting a precedent with others in the City then wanting their road built without assessments. The Attorney didn't feel an area assessment for this road to the Woodland Creek developments would be upheld. Keith Jesser. Task Force member - questioned whether the lots on the east side that were purchased by the school district have the easement across them. Mayor McKelvey said no. Mr. Jesser - reviewed the background of the residents' arguments before the Council last fall. Research has shown that there is more traffic in the Woodland Creek developments per day than in the Green Acres plat which has a longer distance to exit the development. The other factor [ Regular Andover City Council Meeting Minutes - March 2, 1993 Page 7 (Eidelweiss Street Discussion, Continued) is the larger number of small children in the Woodland Creek areas. Though the one exit may meet the guidelines for a local street, the residents feel they were promised another outlet by the Council, with that intent clearly noted in the Minutes of the City Council and Planning and Zoning Commission in 1987. Many of them purchased their properties with that information in mind. Wavne Lehmann, Task Force member - felt the purchase of the Woodland Creek lot by the City is a good deal. He encouraged the Council to acquire it to leave the option open for the road to go through. If it doesn't, the lot can be sold; but without the lot, the option is closed. If it is purchased, he felt it should be made clear to the adjoining property owners that a road may or may not go through there, so the residents don't have to go through the same thing again. He also thought that the school had acquired the property to the nature preserve before the Council discussed an outlet to Eidelweiss. Mr. Lehmann also noted that though there are a lot of smaller children in the neighborhood now; it is likely the neighborhoods will change to that of children in a wider age range through many teenage drivers. Dave Wineinqer, 13915 Ivvwood - felt the Task Force came to the conclusion that it is uncontestable that the intent of the City Council was to have another exit out of Woodland Creek 3rd. The fact that it may not go through is frustrating from the standpoint of safety in their subdivision. It also affects the people in the future 3rd Addition from the standpoint of fire and ambulance service. They tried to do some traffic projections; however, this is a unique situation in that they were promised that there would be a road to the south. That is why this would not set a precedent for others in the City. Mr. Wineinger also didn't feel the residents in the Woodland Creek developments should have to pay for the road, since it was something that was never to be their expense. Plus such an assessment has a way of pitting one neighbor against another and dividing the neighborhood. They see this as an issue of the City taking the responsibility to do what was promised the residents, that they are only asking for what was promised them. He urged the Council to acquire the lot and make a commitment to set aside the money to put the road through at some point in the future. Councilmember Perry felt that those making the decisions in the past may have been mistaken, but that the Council has the responsibility now to correct that. She hoped that the Task Force would continue to meet to research creative methods to finance the connection. She felt the lot should be reserved so that however it is resolved in the future, there is a means of connection. Councilmember Jacobson also stated he is in favor of trying to get a road through there because that was the intent; but he was concerned about the residents thinking a road will go through when in fact it may not without the funding or a change in policy. He also felt it is interesting to note that relocating the Heather Street intersection would resolve the traffic congestion for both the Crooked Lake School and Meadowcreek Church. [ Regular Andover City Council Meeting Minutes - March 2, 1993 Page 8 (Eidelweiss Street Discussion, Continued) MOTION by Jacobson, Seconded by Perry, that the City Council authorize the purchase of Lot 4, Block 4 from Woodland Development for the approximate price of $20,000; the funding for the purchase price to be determined by the City's Finance Officer, with the recommendation to the Council as to whether it is an outright purchase or spread over two to three years after consulting with Woodland Development about their concerns; and to authorize that purchase and reservation of that particular lot in the subdivision. DISCUSSION: Councilmember Perry suggested Woodland Development be sure it shows on maps that this lot has been designated a construction area. Also, the purchase of this lot does not commit the City to any timetable for the road construction, that it is contingent upon finding the money. She is voting yes to the purchase of the lot so the options are kept open. Motion carried unanimously. Council also agreed that the Task Force should continue to meet to address the financing issue. Mr. Haas didn't think the final plat of Woodland Creek 3rd Addition would need to be changed. Council asked Staff to advise Woodland Development about the City's decision to purchase the lot and the concerns of making people aware of the potential road through that lot. ADOPT RESOLUTION DENYING IMPOUND LOTS Mayor McKelvey reviewed the Council action at the last meeting denying impound lots within the City of Andover. Rick Lund has been operating an impound at Eddie's Auto Body for the last year within a fenced area without anyone knowing. He would like to continue operating in Andover, but if the Council chooses to deny it, Mr. Lund is asking for a 90-day extension to allow him time to find another place in which to operate. MOTION by Jacobson, Seconded by Dalien, the Resolution as prepared establishing reasons for denying vehicle impound lots in I, Industrial Districts within the City of Andover, with one change in the first WHEREAS, second line, strike the three words lIin some fashion". (See Resolution R049-93) Motion carried on a 4-Yes, I-No (McKelvey) vote. MOTION by Jacobson, Seconded by Perry, that the City Council recognize the situation that Mr. Lund is in with his existing location at Eddie's Auto Body and allow him 90 to a maximum of 120 days to find an additional spot for his business; allow him to continue the use for that time to move his business. DISCUSSION: Rick Lund - asked why he is not being allowed to operate his impound lot. It is not a junkyard. He does not own the vehicles nor sell parts. Every other city around has one. In the last 30 days he has served 22 Andover residents. The cars can't even be seen through the fence and the place is neat. He didn't understand why the Council wouldn't want to help the citizens of Andover. This was accepted by the Planning and Zoning Commission. There have been no complaints against his business except from his competitor. He is not disturbing anyone. Mrs. Lund - asked why the Council didn't tell them their opinion the first time they came before them. They went through the entire public hearing process, but now they are being denied. [ Regular Andover City Council Meeting Minutes - March 2, 1993 Page 9 (Adopt Resolution Denying Impound Lots, Continued) Council felt the use is similar enough to a type of business the City is trying to clean up. Councilmember Knight felt the physical appearance of an impound is the same as a junkyard, that is the storage of smashed cars. Plus an ordinance change opens up the possibility of other less well-run lots in the City. Mayor McKelvey stated other cities control the number of impound lots by offering a contract for one lot and no others would be allowed to come in. Andover does not do that. No further action was taken. Motion carried unanimously. VARIANCE/17539 FLINTWOOD STREET NW MOTION by Perry, Seconded by Jacobson, that the Andover City Council accept the recommendation of the Planning and Zoning Commission and introduce the Resolution denying the variance request. (See Resolution R050-93 denying the variance request of Twin Star Homes, Inc. , to Ordinance No. 10, Section 9.06A(3) which requires 39,000 square feet of contiguous land area to be buildable) Motion carried unanimously. CITY HALL PARK COMPLEX 12 DISCUSSION Mr. Carlberg explained the Andover Recreational Development Association has been created to represent the various organizations involved in developing the park complex. Dave O'Toole is the president; Gary Shay, the Vice President. The Army Reserve has requested to be waived from any liability while conducting the project, plus there should be a liability waiver for volunteer workers. The City will do the inspections for the compaction of the grading, building construction, and the installation of sanitary sewer, well and sprinkler system. He also asked the Council to decide whether to waive permitting fees involved with the project. Mr. Sulander stated he will check with the City's insurance to determine if the City has the type of rider needed to cover the Army Reserve and the volunteer help during the development of the park complex. Council agreed to waive the building permit fees, but the SAC fees must be paid and should come out of the Park budget. Dave O'Toole - stated the proposed bubble for soccer fields is not being considered at this time. It may still be possible to consider it again once the park is completed. Mr. Haas made the Council aware that there may be some costs involved with the testing of the soil, those costs to come from Park Dedication funds. No further Council action was taken. MINOR AMENDMENT TO COMPREHENSIVE PLAN/PARK COMPLEX 12 MOTION by Perry, Seconded by Jacobson, to approve the amendment as presented here to the Comprehensive Plan to include the 38 acres into the Metropolitan Urban Service Area for the City Hall Park Complex No. 2. DISCUSSION: Council asked for assurance that the 38 acres would not be deducted from the 100 acres that was offered by the Metropolitan Council. Mr. Carlberg stated there is verbal agreement that it will not affect the 100 acres, but he will verify it. Motion carried unanimously. I Regular Andover City Council Meeting Minutes - March 2, 1993 Page 10 CROSSOVER BOND REFUNDING Jim Casserly of Casserly, Molzahn and Associates, addressed the Council on the proposal to refund two bond issues, those issued in 1985 and 1986, because the interest rates are now at a 20-year low. Those bonds have a call date of 1995 and 1996. A bond would be sold at today's market to take advantage of the low rates, and the proceeds put in escrow to be used to payoff the two existing bonds in 1995 and 1996. In 1995 and 1996 the Council then has two options: payoff the 1985 and 1986 bonds with the proceeds of the 1993 bond or, if interest rates are even lower, sell another bond to payoff the 1985, 1986 and 1993 bonds. The intend is to achieve the lowest debt service; however, there is no savings until 1995 and 1996 when the 1993 bond is crossed over to pay the existing bonds. The 1993 bond will not increase the City's debt because it will support itself on the interest earned while in escrow. Mr. Casserly stated the amount of the bond would be $1,600,000. Attorney Hawkins suggested if the Council is interested, they should contract with the Casserly firm to analyze it further and come back with the required documentation. Mr. Casserly estimated it would cost about $500 to analyze the bonds, but that cost would be included in the cost of the bond if the Council chooses to sell the bond. MOTION by Perry, Seconded by Knight, to authorize the firm of Casserly, Molzahn and Associates to investigate the possibility of converting the 1985 and 1986 bonds to crossover bonds and to report back in two weeks if possible; and that the City Council authorize an expenditure of approximately $500 for the research. DISCUSSION: Mr. Sulander felt the cost should come from the Debt Service Fund. Motion carried unanimously. CDBG FUNDS FROM PREVIOUS YEARS Mr. Carlberg reviewed the fund balances provided by Anoka County for projects done in previous years; however, he felt that the money has already been allocated to the various projects. He did not feel there were sufficient funds remaining to reallocate to the Alexandra House project. No Council action was taken. NON-DISCUSSION ITEMS MOTION by Perry, Seconded by Knight, approval of the following items: 9. Transportation Study Responses (Discussion was to forward the responses to the Metropolitan Council) 10. Authorization to Hire Custodian (Ghost Dusters at $429/month, $514/year with an estimated $1,500 for extras) 11. Appoint Public Works Secretary (Rhonda McDonald) and Fire Department Secretary (Wendy Deal) 12. Appoint Public Works Utility Person (DOnald Gauthier) 13. Authorization to Purchase utility Trailer (Long Lake Tractor and Equipment at an estimated cost of $6,058.68) [ Regular Andover City Council Meeting Minutes - March 2, 1993 Page 11 (Non-Discussion, Continued) 14. Bonestroo Engineering 1993 Rates (Though concern was expressed about the amount of increase in some areas, Council agreed to the rates as presented) 15. Appoint Equestrian Council Members (James H. Olson, Corrine L. Smith, Carol Almeida, Don Eveland, Ernest Trettle; David Hefner as Chairperson) 17. Proclamation/Volunteers of America Week 18. Approve Designation/Andover Boulevard (See Resolution R051- 93 establishing Andover Boulevard as a Municipal State Aid Street. Council indicated the approval is with the condition that the road is turned back to the City by the county. ) 19. Approve No Parking/Andover Boulevard (See Resolution R052- 93 on the condition that the road is turned back to the City by the county.) 23. Approve Stop Signs/Chapman's 1st - 6th Ad~itions Motion carried unanimously. AWARD BID/IP92-20/WOODLAND CREEK 3RD MOTION by Jacobson, Seconded by Knight, that the City Council accept the bid from W. B. Miller, Inc., in the amount of $118,743.50 for street and storm sewer improvements in Woodland Creek 3rd Addition, City Project 92-20. (See Resolution R053-93) Motion carried unanimously. APPROVE FINAL PAYMENT/IP92-22/ANDOVER BOULEVARD WATERMAIN MOTION by Knight, Seconded by Perry, accepting work and directing final payment to Kadlec Excavating of Mora in the amount of $3,245.22. (See Resolution R054-93) Motion carried unanimously. ACCEPT PETITION/IP93-8/WOODLAND MEADOWS STREET LIGHTS Councilmembers Perry and Knight were concerned with the large number of no or non-votes. Though the petition meets the requirements to be declared adequate, it does not meet the policy of 50 percent in favor to order a project. The preference was to have a more favorable petition before going through the feasibility report and public hearing. Councilmember Jacobson argued it would be a change in policy to require the petition to be 50 percent or greater. If there is to be a change, the policy change should be made prior to the receipt of any petitions. He felt this petition meets the guidelines that have always been used and should be accepted using the same criteria as for those in the past. Mayor McKelvey noted Anoka Electric does the feasibility for street lights at no cost to the City. Regular Andover City Council Meeting Minutes - March 2, 1993 Page 12 (Accept Petition/IP93-8/woodland Meadows Street Lights, Continued) The Council discussed ways to get a more accurate reflection of the wishes of the neighborhood. It was suggested the Staff contact the person who circulated the petition and ask for a valid petition that more accurately reflects the desires of the residents and explain the policy of having 50 percent in favor to order a project. Staff was also asked to place on a future agenda a discussion of the percentage of yes votes required on a petition to proceed with a project. MAYOR AND COUNCIL INPUT Metropolitan Council - Mayor McKelvey reported he and Mr. Schrantz will meet with representatives of the Metropolitan Council tomorrow on the status of the City's Comprehensive Plan and the Highway 10 transportation study. Temporary Signs - Councilmember Jacobson asked for an update on the temporary signs, as it appears that some have been up for six to eight months. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Perry, approval of Claims for a total of $96,569.62. Motion carried unanimously. MOTION by Knight to adjourn. Mayor McKelvey adjourned the meeting at 12:04 a.m. Respectfully submitted, ~~<ú-V~ Marc la A. Peach Recording Secretary