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HomeMy WebLinkAboutCC November 2, 1993 ~ CITY of ANDOVER Regular city Council Meeting - November 2, 1993 Call to Order - 8:01 P.M. Resident Forum Agenda Approval Certificate Presentation Approval of Minutes Discussion Items 1. Assessment Hearing/Delinquent utilities - 8:01 p.m. 2. Assessment Hearing/Delinquent Mowing Charges - 8:01 p.m. 3. Assessment Hearing/89-1B - 8:05 p.m. 4. Assessment Hearing/92-18 - 8:15 p.m. 5. Feasibility Report/93-21/Cedar Crest Pond, Cont. 6. Timber Estates Sketch plan Staff, Committees, Commissions 7. Approve Street Specification Change 8. Approve Amendment to Development Contract 9 Approve Annual Improvement Program Guidelines 10. Determine LGU/1991 Wetland Act Permanent Rules 1l. Approve Fire Department Secretary Non-Discussion Items 12. Approve Law Enforcement Contract 13. Approve Police Liaison/DARE Officer Contract 14. Partial Refund of Escrow/Emerald Glen/93-11 15. Approve Revised Grading Plan/Pinewood Estates 2nd 16. Approve Revised Grading Plan/Leeman Lake Estates 17. Approve Revised Gradins Plan/Hidden Creek East 5th 18. Approve Final payment/92-18 & 92-29 19. 93-1 Hydrant Relocates/payment 20. Receive Petition/Woodland Meadows Street Lights 2l. Accept September Financial Statements 22. Release and Receipt for Damages/92-S 23. Approve Change Order #2/93-6/Watermain Mayor-Council Input Approval of Claims Adjournment - -... REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 2, 1993 TABLE OF CONTENTS RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · 1 CERTIFICATE PRESENTATION · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES Motion to Approve October 10 Minutes (Withdrawn) · · · · · · 2 Motion to table · · · · · · · · · · · · · · · · · · · · · · · 2 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 3 ASSESSMENT HEARING/DELINQUENT UTILITIES Resolution R256-93 to adopt assessment roll · · · · · · · · · 3 ASSESSMENT HEARING/DELINQUENT MOWING CHARGES Resolution R257-93 to adopt assessment roll · · · · · · · · · 3 ASSESSMENT HEARING/IP89-18 · · · · · · · · · · · · · · · · · · · 4 Motion to prepare corrected assessment roll (withdrawn) · · · 6 Motion to table to next meeting · · · · · · · · · · · · · · · 7 ASSESSMENT HEARING/IP92-l8 · · · · · · · · · · · · · · · · · · · 7 Resolution R258-93 to rescind Resolution R233-93 · · · · · · 8 Resolution R259-93 declaring cost and directing preparation of assessment roll · · · · · · · · · · · · · · · · · · · 8 Resolution R260-93 rescinding Resolution R093-93 · · · · · · 8 FEASIBILITY REPORT/IP93-2l/CEDAR CREST POND . · · · · · · · · · · 8 Resolution R261-93 adopting feasibility/setting hearing date 9 TIMBER ESTATES SKETCH PLAN · · · · · · · · · · · · · · · · · · · 10 SET SPECIAL CITY COUNCIL MEETING (Nov. 16, 6:30 p.m.) · · · · · · 10 CHANGE STARTING TIME OF CITY COUNCIL MEETING Motion to draft ordinance change · · · · · · · · · · · · · · 10 STREET SPECIFICATION CHANGE Motion to approve change · · · · · · · · · · · · · · · · · 11 AMENDMENT TO DEVELOPMENT CONTRACT . · · · · · · · · · · · · · · · 11 Motion to adopt changes · · · · · · · · · · · · · · · · · · · 12 NON-DISCUSSION ITEMS Resolution R262-93 determining LGU · · · · · · · · · · · · · 12 Resolution R263-93 approving law enforcement contract · · · · 12 Resolution R264-93 approving police liaison/DARE · · · · · · 12 Partial refund of escrow/Emerald Glen/IP93-l1 . . . . . . . . 12 Resolution R265-93 approving revised grading/Pinewood Estates 12 Resolution R266-93 approving revised grading/Leeman Lake · · 13 Resolution R267-93 approving revised grading/Hidden Creek E · 13 Resolution R268-93 approving final payment/IP92-18 & 92-29 · 13 Resolution R269-93 receiving petition/Woodland Meadows street lights · · · · · · · · · · · · · · · · · · · · · · 13 Accept September Financial Statements · · · · · · · · · · · · 13 Release and receipt for damages/IP92-5 · · · · · · · · · · · 13 Resolution R270-93 approving change order/IP93-6 · · · · · · 13 IP93-1 HYDRANT RELOCATION/PAYMENT Motion to approve · · · · · · · · · · · · · · · · · · · · · · 13 ANNUAL IMPROVEMENT PROGRAM GUIDELINES · · · · · · · · · · · · · 13 Motion to approve (Withdrawn) · · · · · · · · · · · · · · · · 14 Motion to table · · · · · · · · · · · · · · · · · · · · · · · 14 FIRE DEPARTMENT SECRETARY Motion to hire Dixie Sanborn · · · · · · · · · · · · · · · · 14 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 14 MAYOR/COUNCIL INPUT Legality of directive on conducting business with illegal home occupations · · · · · · · · · · · · · · · · · · · · 14 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 15 - ,-- - ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 2, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on November 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 Assistant City Engineer, Todd Haas City Finance Director, Daryl Sulander Others RESIDENT FORUM Ken Orttel. 2772 Bunker Lake Boulevard NW - was concerned about the events of the last Council meeting. There was a room full of people here to discuss the issues of home businesses, which was completed around 10:30. He specifically waited until the next agenda item was called, the MUSA expansion, before he left for home to watch the rest of the meeting on cable. About a week later he was told that between that time, the Council had picked up the item again after the break and took some action on it. He understood one Councilmember felt the business just approved by resolution was still illegal and asked the Mayor to blacklist that business. The Mayor did so. The City Administrator asked that it apply to all illegal businesses in the City, which was also done. He was concerned that there is some evidence that the issue was discussed during the Council break, then put back onto the agenda. Mr. Orttel stated during the break the Council is not allowed to discuss items planned to be put back on the agenda. Secondly, the City is required to abide by Robert's Rules of Order, which has no provision to bring up an item that has been closed. Since the next agenda item had already been called, the change in policy was really discussed under the MUSA expansion. He also pointed out that under Andover' s form of government, it takes a majority vote to set policy, not just a Councilmember and Mayor acting together; therefore, he felt the policy change would be ineffective. Also, there is nothing in the resolution that indicates Crooked Lake Tire is an illegal business. On the contrary, it is the only business in the City that has its own resolution allowing it to remain in business. Mr. Orttel was also concerned about the policy of blacklisting local businesses. As directed, he felt the employees can only decide not to do business in Andover for fear of being dismissed if the business turns out to be illegal. Usually it is found in hindsight that a business is improper, so the only thing Staff can do to protect themselves is take all of the City business outside of the City. He felt that is unfair to those businesses in Andover and is costly to the taxpayers. Most other cities require, to the greatest extent possible, doing business within the city. He gave several examples of Andover contracting with local JYY\.~ ~~ efT'. 'lj/~h3 Regular Andover City Council Meeting Minutes - November 2, 1993 Page 2 (Resident Forum, Continued) residents for specific jobs, which he felt in hindsight could be considered illegal. Yet the contract benefitted both the city and the resident. Doing business with local businesses is convenient, there is excellent quality, and it is less costly. He felt the directive is sending the wrong message to the employees, that the only smart thing to do is to leave town. He felt the situation was handled improperly, after all the residents interested in the item had left. He felt the Council owed the residents an apology; and if it was discussed during the break, which is verifiable because the audio portion of the tape was left on, there should be an investigation. Council noted the policy had been discussed in the past. Councilmember Perry stated she simply asked for clarification if the previous directive would stand not to do business with Crooked Lake Tire because it is illegal. Mr. Orttel didn't believe the resolution says it is an illegal business. Councilmember Jacobson noted the Minutes reflect the MUSA was discussed after the directive on home businesses. Mr. Orttel concurred that is what the Minutes state; but the tape will reflect that the MUSA expansion agenda item was called before the break, before he left this room. He suggested the Council give further thought on the policy before implementing it, because it will cost the City a lot of money and the employees will worry about losing their job if they do business within the City. He felt they owe it to the public to place it on a published agenda for discussion so residents may have input. Mayor McKelvey explained the Planning Commission has been asked to look for ways some of the businesses can be made legal. Councilmember Knight clarified he was in the bathroom and in the lobby talking with residents during the break and heard nothing mentioned regarding the policy. Mr. Orttel stated the City should have the original tape if anyone is interested in viewing it. CERTIFICATE PRESENTATION Mayor McKelvey presented a plaque from the Andover Fire and Rescue Department to Jim Nelson expressing appreciation for his heroic efforts in saving his family on October 22, 1993. APPROVAL OF MINUTES October 19, 1993 MOTION by Perry, Seconded by Knight, the Minutes of October 19 as presented. DISCUSSION: In light of Mr. Orttel's comments during the Resident Forum, Councilmember Jacobson suggested the tape be viewed to make sure the Minutes are accurate. Councilmembers Knight and Perry then withdrew the Second and the Motion. MOTION by Jacobson, Seconded by Dalien, to hold the Minutes to the next meeting. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 2, 1993 Page 3 AGENDA APPROVAL Add Item 6a, Set Special City Council Meeting; and Item 6b, Change Starting Time of City Council Meetings. MOTION by Jacobson, Seconded by Perry, to approve the Agenda as amended. Motion carried unanimously. MOTION by Knight to take the items where people are here instead of having them wait. DISCUSSION: Planning Commission Chairperson Bonnie Dehn cautioned people depend on the agenda as published in this order. Changing the order may cause more confusion that good. Mr. Sulander noted the agenda procedure is set by ordinance, and it would take a revision of the ordinance for any change to the operating procedure of the meeting. Attorney Hawkins stated most items are arbitrarily listed on the Agenda by Staff, and the Council can make reasonable changes if necessary. Councilmember Knight withdrew the motion at this time. ASSESSMENT HEARING/DELINQUENT UTILITIES 8:22 p.m. There was no public testimony. MOTION by Jacobson, Seconded by Dalien, to close the public hearing. Motion carried unanimously. MOTION by Perry, Seconded by Dalien, the Resolution adopting the assessment roll for the certification of delinquent sewer, water and/or street lighting service charges as presented. (See Resolution R256-93) Motion carried unanimously. 8:25 p.m. ASSESSMENT HEARING/DELINQUENT MOWING CHARGES 8:25 p.m. Hubert Smith - asked how long the grass must be before the City will mow it. He has called in the past for tall grass on City- owned property, and the City has not been very responsive. Mr. Sulander reviewed the policy for mowing of weeds. The Council agreed the City must follow the policy as well. Mayor McKelvey then asked for a motion to close the public hearing. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanimously. MOTION by Jacobson, Seconded by Perry, the Resolution that has been prepared for us on delinquent mowing charges. (See Resolution R257-93) Motion carried unanimously. 8:29 p.m. ._.- Regular Andover City Council Meeting Minutes - November 2, 1993 Page 4 ASSESSMENT HEARING/IP89-18 8:29 p.m. Mr. Haas explained the properties west of Jay Street have been assessed in the past. This assessment is for the properties east of Jay street to Hanson Boulevard. There will be further assessments east of Hanson Boulevard when that develops in the future. Bill Ottensman, Director of Public Works, Citv of Coon Rapids - reviewed the background of Project 89-18, the drainage and benefitted areas, the agreement between Coon Rapids and Andover to share the cost of the storm drainage system with costs apportioned to the benefitted areas. The entire basin was designed and a cost of the entire trunk system determined partly on actual bids and partly on estimates. This was modified for certain portions of the system which had direct lateral access. The remaining cost was divided by the total area draining into the system with some modifying factors such as residential property has less runoff than commercial property. Parts of the system are not completed and will be assessed at a later date, principally the area east of Hanson Boulevard. The costs determined in 1988 have been updated to today's construction dollars according to the construction cost index. Mr. Syfko reviewed the original assessment of January, 1989, which included a small strip of the land immediately east of Jay Street. That portion east of Jay Street was assessed; however, the assessment was deferred. The individual parcel owners did not pay, but Andover did pay the City of Coon Rapids for those assessments. He reviewed the trunk, lateral, and the deferred assessment east of Jay Street brought forward at today's dollars. Discussion centered on the deferred assessments for the strip of land east of Jay Street. The Engineers explained only two property owners are involved, Hubert Smith and Tony Emmerich. The total assessment figure reflects the balance of the assessment on the property plus the deferred assessment with interest. Hubert Smith - stated of the $810.87 deferred assessment, $644 of that is interest. The actual assessment was $166. The assessment in 1989 was for the lateral, which was not installed yet. He was now given a credit of approximately $1,500 in this assessment because the laterals were included in the 1992-18 Jay Street project; but he didn't get any credit on the interest of that deferred assessment. He asked how that much interest could accumulate when some of the cost was deferred and some of it was credited. The Council and engineers explained the money paid to Coon Rapids was for the storm water runoff for the total area along Jay Street. With the property to the east being developed, that area now is being assessed at this time. Mr. Syfko explained the $644 in interest is based on the original 1989 assessment of $1,747. The Council also questioned the charge of interest for the laterals that were not installed and subsequently not billed. Mr. Smith shouldn't be charged interest on the rebated portion of the assessment. Mr. Davidson stated the City must look at a policy of whether or not to ----.-.---.. . Regular Andover City Council Meeting Minutes - November 2, 1993 Page 5 (Assessment Hearing/IP89-18, Continued) charge interest on the assessment from 1989 until today, recognizing the City had to pay the money to Coon Rapids back in 1989. In the mean time, the interest has been a part of the City's cost. The property owners did have the choice to pay the assessment within 30 days in 1989 rather than having it deferred. He suggested the Council could reduce the assessment by the interest on the lateral portion that has been credited. Mr. Smith - questioned if Andover is going to get interest back from Coon Rapids for the overpayment of the assessment. He thought Mr. Davidson's suggestion was fair. Mr. Smith stated he is also being charged for laterals on his property, even though there are no pipes onto his property. Other parcels of 3.79 acres have no laterals charged to them even though their water has to be running into the pond just like his does. Staff has not satisfactorily answered why he gets charged for laterals but the other lots do not. Mr. Davidson stated the reason most of the area east of Jay Street was not assessed in 1989 was because it was not known how it would be developed. When development did occur, the storm drainage system was designed and is now being assessed. The reason laterals were not assessed for portions of the east is because it is not known what the lot benefit will be until it develops. Mr. Smith - stated in August, 1992, when the feasibility was done, which included the storm sewer/ the Council took action that he was to be credited as one unit of an 80' x 150' lot. At today's prices, the assessment should be $1,091.09, which is what he feels the assessment should be based on that agreement. Staff tells him that the one unit applies strictly to Jay Street, but it was his understanding in 1992 that it would apply to this project as well. Ken Orttel - was the Mayor at the time of the Council action, reviewed some of the problems with Mr. Smith's property, the intrusion into his property, the taking of property for ponding leaving a parcel that was oversized but not subdividable. One Councilmember had even suggested no assessment at all because of those problems. It was his understanding the Council concession was to treat Mr. Smith as one unit, the same as the other lots in the area. Councilmembers Knight and Perry had the same recollection. Mr. Davidson stated Mr. Smith's lot has been adjusted to .2 acre for the assessment. Mr. Smith - agreed that adjustment had been made last Friday. The only remaining issue then is the interest on the credited portion of the storm water lateral assessment. The Council generally agreed the interest should not be charged for that portion of the 1989 assessment that has now been credited. They asked if Andover would be paid interest by Coon Rapids on the $7,836.90 credit for that overpayment for the storm sewer laterals. Mr. Ottensman - stated he would research it further but guessed there would be some interest included in the refund if Andover overpaid the assessment. Paying interest on the refund sounds reasonable, but he will check it out and let the Staff know how much that interest would be. Regular Andover City Council Meeting Minutes - November 2, 1993 Page 6 (Assessment Hearing/IP89-18, Continued) MOTION by Jacobson, Seconded by Dalien, to close the public hearing. Motion carried unanimously. MOTION by Jacobson, Seconded by Knight, introducing the Resolution prepared for the Council adopting the assessment roll for the improvement of storm drainage, making two changes: First change to be in the new preliminary assessment roll that the Council was provided by the engineering firm tonight. On that roll it indicates that for Mr. Hubert Smith, his total assessment is $1,604.39, that that assessment be refigured to deduct the interest that was overly charged over a five- year period to reflect the actual benefit he received, what that would cost and the interest on that benefit be calculated, and not on the total amount assessed originally and then rebated. Second part, in the approximately $7,000 credit that we are to receive from Coon Rapids, that it should be bearing interest and payable to the City. DISCUSSION: Mr. Syfko pointed out that the calculations to determine the $644 interest to Mr. Smith were done exactly the same for Mr. Emmerich, whose interest is shown as about $3,000. If there is to be a recalculation for Mr. Smith, that same recalculation should be done for Mr. Emmerich, who was also given a credit for storm sewer lateral. Those are the only two property owners involved in that credit. Councilmember Perry noted Mr. Emmerich specifically purchased the property for development, but that through this entire process, Mr. and Mrs. Smith were left with property that could not be subdivided. She didn't think the two are parallel. Councilmember Jacobson felt if the two are similar, then Mr. Emmerich should be given the reduction in interest as well. But for now he didn't have enough information to determine if the two are the same or not. Mayor McKelvey also stated the property owners have changed on the property since 1989. Mr. Davidson stated that would not matter, since no actual refund was given. The credit is being given in a reduction to the assessment on this roll. Attorney Hawkins advised if the Council is not sure about the numbers, they may not want to adopt the roll until a corrected one is brought back. If the roll is approved tonight, any change would have to be done through a supplemental roll. Mr. Haas felt it would be possible to table adoption of the roll until the November 16 meeting, as the county has said they will accept the roll until December. Mayor McKelvey asked how the project is affected if the interest is recalculated. The engineers explained it only affects the lots along the east side of Jay Street, which are owned by Mr. Smith and Mr. Emmerich. There would be no shortage in the project if the interest is not calculated on the credited portion of the lateral assessment. Mayor McKelvey suggested the assessment roll be recalculated and brought back to the next meeting. Councilmember Knight stated the same principle must be applied to both parties. Councilmembers Knight and Jacobson withdrew the Second and the Motion. The Council directed the engineers to recalculate the assessment roll so that interest will not be applied to the credit given to Mr. Smith and Mr. Emmerich for the 1989 storm sewer lateral assessment. Regular Andover City Council Meeting Minutes - November 2, 1993 Page 7 (Assessment Hearing/IP89-18, Continued) MOTION by Knight, Seconded by Jacobson, that we table resolution adopting the assessment roll until the next City council meeting so the engineers can bring back the revised figures. Motion carried unanimously. 9:21 p.m. ASSESSMENT HEARING/IP92-18 9:21 p.m. Mr. Syfko reviewed the Jay Street improvement project. The feasibility study considered 150 feet on either side of the street, with Jay Street going straight north to the edge of the Hurst property. There is a revision because with the development of Echo Woods, it was determined that Jay Street will turn 90 degrees to the west rather than go straight through. The cost has been split 50 percent to the east side, 50 percent to the west side of the road, with 13 lots considered assessable units on each side. By a previous agreement the Council made with the Hursts, the assessment against the Hurst property for two units would be deferred until they either sell or develop the parcel. Mr. Syfko stated the City has received letters from Hokanson Development and Tony Emmerich Construction, both saying they agreed with the proposed assessment. Sue Hurst, 13440 Jav Street - read a letter for the record requesting the assessments for IP92-l8 pertaining exclusively to unit assessments abutting Jay Street in the proposed amount of $9,259.76 be levied at this time. They choose to waive only this portion of Resolution R093-93 deferring improvements on their property for Improvement projects 92-10 and 92-18. Other assessments against the projects with regard to these two projects will remain in compliance with that Resolution. She explained the reason for the request is that they had originally thought the assessment would total approximately $37,000. In reviewing the costs with the Mayor and Mr. Haas, they realize that they would only be assessed for Jay Street; and they feel they can pay the $9,259.76 at this time. Mr. Haas explained with this request, there would be no deferred assessment against the Hursts from these two projects. That portion within the Hurst property will be picked up by the City Trunk Funds and will be paid back to the City with no interest at the time the property is developed. Jerrv Windschitl. 3640 152nd Lane, representinq Ashford Development and Shamrock Development - stated in their assessments, they were raised about $310 per lot from what they were notified at the public hearing. If everyone has submitted waivers, they too would agree to the assessment and waive the public hearing. Mayor McKelvey asked if Mr. Smith, the only remaining parcel not yet heard from, agrees with the assessment. The adjustments were only on the west side of the street, and the Hursts and Hokanson Development have already agreed with the proposed assessments. Regular Andover City Council Meeting Minutes - November 2, 1993 Page 8 (Assessment Hearing/IP92-18, Continued) Hubert Smith - asked if there was a change to his proposed assessment. The engineers said no. Mr. Smith then agreed with the proposed assessment for this project. Mr. Windschitl - submitted a letter so the item does not have to be recalled. They accept the assessment as proposed of $6,763 per lot. Mr. Smith - complemented the Staff and construction workers, all of whom were exceptionally helpful and made sure they were interrupted as little as possible. Mayor McKelvey then asked for a motion to close the public hearing. MOTION by Knight, Seconded by Jacobson, to so move. Motion carried unanimously. Mayor McKelvey then asked for a motion rescinding Resolution R233-93 (declaring cost and directing preparation of assessment roll for 92-18). MOTION by Knight, Seconded by Jacobson, to so move. (See Resolution R258-93) Motion carried unanimously. MOTION by Knight, Seconded by Jacobson, declaring cost and directing preparation of assessment roll for improvement of sanitary sewer, watermain, street and storm drain for Project No. 92-18, Jay Street NW, as presented. (See Resolution R259-93) Motion carried unanimously. MOTION by Jacobson, Seconded by Perry, upon advise of Staff, Council rescinds our Resolution No. 093-93, which is a Resolution deferring assessments of property owned by Kurt W. Hurst and Susan D. Hurst. (See Resolution R260-93) Motion carried unanimously. Mr. Haas stated with everyone in agreement with the proposed assessment, the public hearing will be waived. He will obtain those waivers for the next Council meeting, at which time the Council will be asked to adopt the Resolution approving the assessment roll for this project. 9:42 p.m. FEASIBILITY REPORT/IP93-21/CEDAR CREST POND, CONTINUED Mr. Syfko explained they had been asked by the Council to consider possible alternatives for the storm drainage project. The previous study looked at a gravity pipe outlet from the pond for a total project cost of about $79,400. They looked at dredging the pond and excavation beyond the existing pond to the east and west within the park property to increase the capacity of the pond. Some of the excavated material would be placed on Lot 5 for fill to benefit the homeowner. They have found that this excavation alternate would result in the same as what is out there now only with a different configuration, as the volume of the pond could only be increased by 20 to 30 percent for an estimated cost of $40,000. They did not look at the possibility of purchasing property from other neighbors to increase the size of the pond. Mayor McKelvey felt that increasing the capacity of the pond and filling in Lot 5, which is the only lot that is really affected, would solve the problem. Regular Andover City Council Meeting Minutes - November 2, 1993 Page 9 (Feasibility Report/IP93-2l, Cedar Crest Pond, Continued) Terrv Hausam, 3731 l72nd Lane, Lot 5 - did not agree with the Mayor. He stated the pond was expanded on one other occasion and fill placed on his property. With everything done in the past, they are still having problems. Everybody that had a road assessment paid for that pond to be the answer to the water problems in that area. It has not solved the water problem, and there has been additional expense to expand it and pump it. Now the Council is talking about $40,000 to backfill his property and possibly get easements on his neighbors' property to expand the pond; but he cannot be guaranteed 100 percent that the pond will not flood again. He felt the City should not be throwing money into the pond any more, but that it should be done right and provided an outlet. Mrs. Hausam - asked about the agreement they had with the City that the pond would be pumped whenever the water reached a certain level. They were frustrated that the pumping was stopped this fall before it was pumped down far enough. Mayor McKelvey stated the neighbors did not want the pond pumped dry. He walked the area the night it was pumped, and the water was well below the water line at the time the pumping was stopped. It was down about three feet. Mr. Hausam - said he didn't want it pumped dry either, but it wasn't pumped down enough. Two days later he had to buy a pump and pump the water from his own property back into the pond because it wasn't drained properly. He also had to dig a ditch to get the water to run back into the pond. He pointed out the topography of his lot and had pictures of his back yard when the pond floods. Discussion continued on what happened with the pumping this fall. Mr. Hausam also noted that to fill the back of his lot would require four to five feet across all of his property. That would also destroy the majority of his large trees in the back. Councilmember Jacobson pointed out the intent was to obtain costs of other alternatives to resolve the ponding issue. With that, he suggested the public hearing be set to allow the residents to hear the proposals and to comment. Georqe ?, 3734 l74th Avenue - stated this pond was originally on the Hausam property, and then a house was built on the lot. Who pays for this? Mayor McKelvey stated an assessment would be placed against the total watershed, the homeowners in the area. Mr. Hausam - stated he bought the home, and there was no problem with water until the water from the entire area was drained into that pond. Mr. ? - stated apparently the pond doesn't handle the water in the very wet years. He'd like to see the cost to have this pumped each time it is wet, as that does not occur very often. Mr. Davidson stated they looked at a permanent pump alternative, but it is more than a piped outlet. Mayor McKelvey said it cost about $4,000 to pump this fall. The Council then agreed to call for a public hearing on the proposal. MOTION by Jacobson, Seconded by Dalien, to adopt the feasibility report and set the date for the public hearing for December 7, 1993. (See Resolution R261-93) Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 2, 1993 Page 10 TIMBER ESTATES SKETCH PLAN Mr. Haas reviewed the sketch plan of Timber Estates which consists of 34 lots of 2.5 acres each. He noted the comments of the Andover Review Committee to eliminate direct access of lots onto Tulip Street, that the two northerly east and west streets be designed with no horizontal curves, to try to eliminate one of the accesses onto Round Lake Boulevard, that the ditch would be the boundary for lots, and that the developer will be required to obtain all necessary permits and meet ordinance requirements. The Planning and zoning Commission generally agreed with the recommendations of the Review Committee. The Park and Recreation Commission proposed accepting cash in lieu of land. Council discussed the deteriorated condition of Tulip Sreet, noting this plat will add additional traffic onto it. Mr. Haas stated the Road Committee will be discussing the construction of MSA streets next year, and Tulip will be one the Staff will be recommending for construction. Bvron Westlund. Woodland Development - explained there is an existing house on Lot 3, Block 6, which would stay. It faces Round Lake Boulevard now. They also agree with the recommendations of the ARC Committee, so the street will go through and the proposed eyebrow will be eliminated. Mr. Haas again noted no lots will access directly to Tulip or Round Lake Boulevard except the existing parcel in the southeast corner. The Council generally agreed with the proposed sketch plan and recommendations of the ARC Committee. SET SPECIAL CITY COUNCIL MEETING The Council agreed to meet at 6:30 a.m., Tuesday, November 16, 1993, to discuss the position of City Administrator, seek a consultant to do a needs analysis for the proposed expansion of the City Hall and Public Works facilities, plus review the Sewer, Water and Equipment Budgets. CHANGE STARTING TIME OF CITY COUNCIL MEETING Because some of the Council meetings get lengthy, Councilmember Jacobson proposed the starting time of the meetings be changed to 7:00 p.m. beginning January 1, 1994. MOTION by Jacobson, Seconded by Knight, that the Council authorize Staff to draft an ordinance change to allow the Council to begin its meeting at 7 p.m. beginning January 1, 1994. DISCUSSION: Mr. Sulander asked if the Council is interested in changing the format of the agenda to include the block motion for non-discussion items at the beginning of the meeting. The procedure would be a motion is introduced to vote on those specific items. If anyone wishes to discuss an item, it can then be removed from the block motion to discuss in the normal order on the agenda. The Council agreed to make that change to the ordinance as well. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 2, 1993 Page 11 APPROVE STREET SPECIFICATION CHANGE Councilmember Knight reported the recommendation of the Road Committee is to change the street specifications from two inches to two and one- half inches beginning the construction season of 1994. The intent is that it would not affect plats on file and in the process of construction; only new filings. In urban areas, the first 1.5 inches would be placed during the initial construction with the final one inch placed the following year to allow one freeze/thaw cycle to occur. In rural areas, the specification will require the 2.5 inches be placed all in one lift. MOTION by Perry, Seconded by Dalien, to accept the recommendation of the Road Committee to increase the thickness of the bituminous from 2 to 2.5 inches for both the rural and urban area as presented. Motion carried unanimously. APPROVE AMENDMENT TO DEVELOPMENT CONTRACT Mayor McKelvey reviewed the recommendation of the Development Committee Task Force for three changes to be included in the development contract for urban development, and the one change in the development contract in the rural developments. Jerrv Windschitl. Ashford Development - had a problem with the last line of Item 2, that no Certificate of Occupancy would be issued until the first 1 1/2 inches of bituminous has been placed. He questioned the need for bituminous when Class 5 streets are perfectly acceptable roads for the emergency vehicles in any other part of the City. It has the potential problem of starting a house during the year and having it set for a period of time before it can be occupied if there is a problem getting in the bituminous. But they would be able to get the occupancy permit in the rural area on a Class 5 road. Mr. Haas explained the proposal is to eliminate the problems which have occurred in the Meadows of Round Lake and Pine Wood Estates plats. After discussing this issue further, the Council agreed to add a stipulation that exceptions would be made if there are exceptionally unusual circumstances as to why the bituminous cannot be laid down. Mr. Windschitl - also noted that those cities requiring the thicker bituminous are generally dealing with severe soils problems. He wished a comparison would have been done with cities that have soils similar to Andover, such as Coon Rapids, Ramsey, etc. He didn't feel Andover generally had soils problems, noting the additional cost is just being passed on to the future homeowner. Plus it means an increase in cost to the residents as streets are reconstructed in the future. Councilmember Knight stated the Development Committee Task Force had discussed this at length, and there was no problem. Mayor McKelvey noted there was a problem, and that is why Mr. Emmerich did not come to the last meeting because he felt the requirement was going to be passed Regular Andover City Council Meeting Minutes - November 2, 1993 Page 12 (Approve Amendment to Development Contract, Continued) any way. Mr. Emmerich felt that once the Class 5 was down, it met the Fire Department standards. The increased bituminous was the request of the streets department to be able to plow in the winter. It was also pointed out during the discussion that with the proposed scheduling to require applications to be in early to be able to bid and begin construction early in the spring, many of the scheduling problems can be eliminated. The engineers also explained that an additional ring will be added to the manhole covers to raise them in the spring when the final one inch of bituminous is installed. That way the manhole covers are not raised or creating an obstacle for snow plowing. They also explained that the final inch is being required after the first freeze/thaw cycle rather than after 80 percent of the houses are constructed, because it has been found that it can be three years or more in some cases before that percentage is reached. Mayor McKelvey noted if the Metropolitan Council is not timely in granting additional acres for MUSA within the City, the proposed scheduling of developments will have to be reviewed again. As proposed, the developers will be told it will be a six-month process from the time they apply for the plat to when construction of the homes can begin. MOTION by Jacobson, Seconded by Perry, that the Council adopt the approved recommendations and changes to the Development Contract with the following changes from what has been presented to us tonight: In Item No.3, the last line which begins, ·..default has been...·, that last line be changed to read as follows: ·..default has been inspected and corrected to the satisfaction of the City.· Change in Item No. 2 in the last line which begins, . half inches of bituminous. . . ., allow that line to remain, but add at the end of the line the following language: ·The Council may, at its discretion, delete or change this 1 1/2-inch blacktop provision if requested by a developer who can prove exceptional conditions beyond his control which makes it unable for him to do it.· Motion carried unanimously. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Knight, to move the following agenda items on tonight's agenda in the affirmative: Item 10 Determine LGU/1991 Wetland Act Permanent Rules (See Resolution R262-93) Item 12 Approve Law Enforcement Contract (See Resolution R263- 93) Item 13 Approve Police Liaison/DARE Officer Contract (See Resolution R264-93) Item 14 Partial Refund of Escrow/Emerald Glen/IP93-11 ($3,331 plus interest) Item 15 Approve Revised Grading Plan/Pinewood Estates 2nd (See Resolution R265-93) Regular Andover City Council Meeting Minutes - November 2, 1993 Page 13 (Non-Discussion Items, Continued) Item 16 Approve Revised Grading Plan/Leeman Lake Estates (See Resolution R266-93) Item 17 Approve Revised Grading Plan/Hidden Creek East 5th (See Resolution R267-93) Item 18 Approve Final Payment/IP92-18 and IP92-29 (See Resolution R268-93) Item 20 Receive Petition/Woodland Meadows Street Lights (See Resolution R269-93) Item 21 Accept September Financial Statements Item 22 Release and Receipt for Damages/IP92-5 Item 23 Approve Change Order #2/IP93-6/Watermain (See Resolution R270-93) DISCUSSION: Mayor MCKelvey stated at the moment the City does not have a police liaison in the school. Later in the year, the State refunds money to the school district, who in turn reimburses the City for the DARE program. Mr. Sulander stated the contract with the School District states they will reimburse the City about $2,908 for providing the DARE program through the Sheriff's Department. On Item 23, the engineers explained the expenses for the relocation of the watermain are that of the City, as the State requires the City to accept that responsibility. Motion carried unanimously. IP93-1 HYDRANT RELOCATION /PAYMENT MOTION by Jacobson, Seconded by Knight, approval of Item 19 (payment for hydrant relocates Project 93-1). Motion carried unanimously. APPROVE ANNUAL IMPROVEMENT PROGRAM GUIDELINES Mr. Haas stated the guidelines presented are a recommendation of the Development Committee Task Force to give developers a guideline on the procedures of platting projects. It states it will take about six months from the plat application to being able to construct a house. This information will be given at the time of the preliminary plat application. councilmember Perry suggested the new guidelines be added to the newsletters, in the paper, etc., so developers are aware of them. Jerrv Windschitl,Ashford Development - stated many cities are allowing a two-tier type program, one similar to this proposal, and the other where the contract and financing for the development are privately done. The city's consultant still designs and inspects it with city Staff still approving it; but the city would not have to go through the bidding and bonding process. The developer takes the plan and does his own negotiating for the particular plan and finances it himself, allowing him to negotiate a price faster. This is being done quite extensively in the Twin Cities area and is something that might be worth looking into. Mayor McKelvey stated that is something they can look at in the future. Regular Andover City Council Meeting Minutes - November 2, 1993 Page 14 (Approve Annual Improvement Program Guidelines, Continued) MOTION by Perry, Seconded by Knight, that we accept the recommendation of the development policy guidelines that have been presented tonight¡ but in accepting them, that we note that there are several typographical errors, and those need to be corrected. DISCUSSION: Councilmember Jacobson stated in reviewing the guidelines, he had many comments, questions, and suggested word changes. He suggested the item be tabled to allow for further study. Council then agreed, requesting they receive legible copies to review. Councilmembers Knight and Perry withdrew the Second and the Motion. Mayor McKelvey asked for a motion to table the item to the next Council meeting. MOTION by Jacobson, Seconded by Dalien, to so move. Motion carried unanimously. APPROVE FIRE DEPARTMENT SECRETARY Mr. Sulander explained the previous secretary was started at $8 an hour with a provision for a $.40/hour raise in six months, which would have fallen within the current year¡ plus there would have been another increase the beginning of 1994. Taking that into consideration, since the position will not be included in the 1994 adjustments, the recommendation is for a $.60/hour increase after six months. This is a part-time position, 10 hours per week budgeted in 1993 and 20 hours per week budgeted in the 1994 budget. MOTION by Perry, Seconded by Jacobson, that the Council approve the hiring of Dixie Sanborn as the Fire Department's secretary for the part- time position which was advertized at a starting rate of pay of $8 per hour with a $.60 per hour increase after successfully completing the six-month probationary period. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Perry, approval of Claims in the amount of $621,145.18. Motion carried unanimously. MAYOR/COUNCIL INPUT Legality of Directive on Conducting Business with Illegal Home Occupations - Attorney Hawkins recalled the directive was the Staff is not to do business with any firms in Andover that are illegally operating. Technically, Crooked Lake Tire is in violation of the ordinance. The Council has made a determination that the likelihood of being able to enforce that is not good in view of the past and is allowing it to continue. But clearly the operation is in violation of the ordinance and cannot be considered nonconforming because it did not .-. .-. -- Regular Andover City Council Meeting Minutes - November 2, 1993 Page 15 (Mayor/Council Input, Continued) precede the ordinance. He agreed the City should not be doing business with those firms that are in violation of the ordinance. Given the Attorney's opinion, the Council took no further action, thereby letting the directive made by the Mayor at the October 19, 1993, meeting stand. MOTION by Knight to adjourn. Motion carried unanimously. The meeting adjourned at 11:26 p.m. Respectfully submitted, ~~=¿¡¿L Mar ella A. Peach Recor ing Secretary .-