Loading...
HomeMy WebLinkAboutCC December 20, 1994 CITY of ANDOVER Regular City Council Meeting - December 20, 1994 Call to Order - 7:00 p.m. Residents Forum Agenda Approval Consent Agenda Approval of Minutes Presentation of Plaques Discussion Items 1. Dave Harris Sketch plan 2. Westlund Discussion 3. Dog Complaint 4. Adopt 1995 Levy & Budget 5. Waive Blacktop Requirement for Occupancy Permits - Fox Woods - Jonathan Woods/Foxberry Farms - Woodland Ponds 2nd Addition 6. Approve Feasibility Report/94-16/Tulip st. EDA Meeting 7. Adopt 1995 EDA Budget 8. Approve Sketch Plan/94-33/Commercial Blvd. NW Extension 9. Order Feasibility Report/94-33/Commercial Blvd. NW Extension Reports of Staff, Committees, Commissions 10. Personnel Policy 11. 1995 License Renewals 12. Approve User Fee/Hockey Rinks 13. Adopt 1995 Fees Non-Discussion/Consent Items 14. Reduce Letter of Credit/87-27/Woodland Creek 15. Order Feasibility Report/94-32/Well #5 16. Order Plans & Specs/94-l/City Hall Park Complex #1/Lighting 17. Appoint Wellhead Protection Manager 18. Appoint Park Coordinator 19. Approve Change Order #3/93-9/Xeon St. 20. Receive October/November 1994 Financial Statements Mayor-Council Input Payment of Claims Adjournment - -- --. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 20, 1994 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Reduce Letter of Credit/IP87-27/Woodland Creek ...... · 1 Resolution R296-94 ordering feasibility/IP94-32/Well #5 . . · 1 Resolution R297-94 ordering plans and specs/IP94-1/City Hall Park Complex #1/Lighting · · · · · · · · · · · · · · · · 1 Appoint Wellhead Protection Manager (Scott Erickson) · · · · 1 Appoint Park Coordinator (Todd Haas) ........... · 1 0 Resolution R298-94 approving change order #1/IP93-9/Xeon St · 1 Receive October/November 1994 financial statements · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 PRESENTATION OF PLAQUES · · · · · · · · · · · · · · · · · · · · · 2 DAVE HARRIS SKETCH PLAN . · · · · · · · · · · · · · · · · · · · · 2 WESTLUND DISCUSSION . · · · · · · · · · · · · · · · · · · · · · · 3 Motion to inspect premises by January 10, 1995 · · · · · · · 4 DOG COMPLAINT (831 Crosstown Blvd NW) · · · · · · · · · · · · · · 5 Resolution R299-94 declaring dogs "Biting Dogs" · · · · · · · 6 Resolution R300-94 declaring dogs II Nuisances II · · · · · · · · 6 ADOPT 1995 LEVY AND BUDGET Resolution R301-94 establishing 1995 budgets · · · · · · · · 6 Resolution R302-94 establishing 1995 levy · · · · · · · · · · 6 WAIVE BLACKTOP REQUIREMENT FOR OCCUPANCY PERMITS - FOX WOODS; JONATHAN WOODS/FOXBERRY FARMS; WOODLAND PONDS 2ND ADDITION · 6 Motion to waive requirement of first lift of asphalt · · · · 7 Motion to allow certificates of occupancy prior to connection to sanitary sewer in Foxberry Farms and Jonathan Woods · 7 FEASIBILITY REPORT/IP94-16/TULIP STREET . · · · · · · · · · · · · 8 Resolution R303-94 accepting feasibility and ordering public hearing . · · · · · · · · · · · · · · · · · · · · · · · · 9 SPECIAL ELECTION · · · · · · · · · · · · · · · · · · · · · · · · 9 Motion to authorize special election for Sunday liquor if 0 paid for by Mr. Povlitzki · · · · · · · · · · · · · · · · 10 PERSONNEL POLICY · · · · · · · · · · · · · · · · · · · · · · · · 10 Motion to adopt Policy No. 23 · · · · · · · · · · · · · · · · 11 1995 LICENSE RENEWALS Motion to approve · · · · · · · · · · · · · · · · · · · · · · 11 USER FEE/HOCKEY RINKS Resolution R304-94 establishing annual user fee for the use of hockey rinks · · · · · · · · · · · · · · · · · · · · · 11 ADOPT 1995 FEES Resolution R305-94 setting rates for permits, etc. · · · · · 11 Resolution R306-94 establishing service charges · · · · · · · 11 Resolution R307-94 establishing permit fees · · · · · · · · · 11 Resolution R308-94 setting fees for permits, rezonings, etc. 11 REVIEW FIRE DEPARTMENT POLICY . · · · · · · · · · · · · · · · · · 12 MAYOR/COUNCIL INPUT . · · · · · · · · · · · · · · · · · · · · · · 13 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 13 0 - -- - --.. - . .. . -. .- i~' <' " CITY of ANDOVER , ,,' , ",~ _.:i 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 0 ~_.,"." REGULAR CITY COUNCIL MEETING - DECEMBER 20, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on December 20, 1994, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson Assistant City Engineer, Todd Haas City Engineer, Scott Erickson City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others AGENDA APPROVAL Add to Item 4, Health Insurance; add Item 6a, Special Election, and Item 13a, Review Fire Department Policies. MOTION by Jacobson, Seconded by Perry, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 14. Reduce Letter of Credit/IP87-27/Woodland Creek Item 15. Order Feasibility Report/IP94-32/Well #5 (See Resolution R296-94) Item 16. Order Plans and Specs/IP94-1/City Hall Park Complex #1/Lighting (See Resolution R297-94) Item 17. Appoint Wellhead Protection Manager (Scott Erickson) Item 18. Appoint Park Coordinator (Todd Haas) Item 19. Approve Change Order #1/IP93-9/Xeon Street (See Resolution R298-94) Item 20. Receive October/November 1994 Financial Statements MOTION by Jacobson, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES . November 29, 1994, Special Meeting: Correct as written. December 6, 1994, Regular Meeting: Correct as written. December 8, 1994, Special Meeting: Page 3, Second Paragraph, fourth line, change "Public Safety," to "Public Works". MOTION by Knight, Seconded by Perry, approval of the Minutes for November 29 Special Meeting, December 6 Regular Meeting and December 8 Special meeting. Motion carried unanimously. I 13 jcus J)'ÎÌvn..d7 ()- ~Q cSY"v -- -~ ---- --.-- _.,--~_.,._._, .-. .- Regular Andover City Council Meeting Minutes - December 20, 1994 Page 2 PRESENTATION OF PLAQUES Mayor McKelvey presented plaques to Councilmembers perry and Dalien in appreciation for their years of dedicated service to the City of Andover. DAVE HARRIS SKETCH PLAN Mr. Haas explained at the last regular meeting the City Council reviewed the sketch plan located in Section 24-32-24 which was presented by Mr. Harris. The Council expressed concern regarding the road alignment and with the one lot that would directly access onto University Avenue which is not allowed by the ordinance. The developer has asked Staff to place the item back on the agenda to consider a more recent sketch. It was his opinion that the new sketch would cause more problems with the Wetlands Conservation Act, that it would be very difficult to get a permit to cross the wetlands. Mr. Haas felt the options for the Council to consider would be to require Lot 11 to be attached to either Lot 15 or Lot 16; allow Lot 16 to front on University Avenue, which would require a variance; or allow the Planning and Zoning Commission to go through the normal platting procedure and make a recommendation on a variance for Lot 16. He also noted this is not the first time that a plat would be approved allowing direct access onto a collector street. Councilmember Perry understood the developer's concern of not wanting to go through a lot of expenses of platting without some assurance; however, she felt the procedure of review and hearings held by the Planning Commission, who then forwards their recommendations to the Council, should be followed. Other Councilmembers agreed. Mayor McKelvey did not have a problem with the original sketch with Lot 16 accessing University Avenue as long as the ordinance is met for the house pad. He did not think the new one which requires crossing the wetland would be approved. Councilmember Knight commented if odds are the developer will not get approval for the new proposal because of the Wetlands Conservation Act, then there is no point in looking at that option. Dave Harris, Developer - stated he has designed another proposal because of the Council's concern with Lot 16 accessing University Avenue. He wanted to make certain that he did not spend a lot of engineering on a plat that would not be approved; and the proposal before the Council is the only other option that would work without requesting a variance to access University Avenue. However, from an engineering standpoint, they do not think the new proposal is a good lot with that configuration because of the long driveway that would be required, even if they could get approval to cross the wetlands. He felt their initial proposal to the Council is the best plan. He did not want to circumvent the platting process; but he asked for some sense from the Council that the sketch meets some approvals before investing a lot of money into the plat. His engineers do not feel there would be a problem with wetlands on Lot 16 accessing from University Avenue as long as the driveway would go along the southern boundary of Lot 16. The Council once again felt the plat should go through the process with recommendations made by the P&Z. - -- -----.----....- .-._. --- Regular Andover City Council Meeting Minutes - December 20, 1994 Page 3 WESTLUND DISCUSSION Mr. Fursman explained Virgil Westlund appeared before the Council on December 6, 1994, requesting an extension of time to allow a Russian family of eight to reside at his house because they have not yet been able to secure suitable and affordable housing. Mr. Westlund brought in some items this evening which he feels indicates the family has made a reasonable effort to find housing. Mr. Fursman found only one piece of material that would indicate their search within the last 12 months, and that is from a realtor dated December 19, 1994. Virqil Westlund, 14183 Heather Street NW - stated he had more information to indicate the Onchanu family has been looking for housing since October, 1993; but he did not have it with him. He offered to go back home to bring that information to the Council. Also, they have been working with at least three different realtors to find housing. At the moment they have a down payment on a house and a purchase agreement signed dated December 18; and they will know in January if it is accepted. They are limited to only a $77,000 mortgage. Mr. Onchanu had signed a purchase agreement on a HUD home previously, but he was beat out when someone submitted a higher bid. The Anoka County Housing Authority gave him three sheets of rental housing; and there is only one 4-bedroom apartment on the list for $710 a month plus utilities, which is more than he can afford. Mr. Onchanu also mailed at least 25 to 30 letters of inquiry about housing since October, 1993. Mayor McKelvey stated he did not receive a call back from Anoka County Social Services to determine the status of this family. Mr. Westlund - stated they are up against the same thing, that is Anoka County never calls them back. They have also said they would not write a letter to the City. Councilmember Perry stated besides the multiple housing issue, the neighbors were concerned with junk vehicles located on the property. She asked if that has been removed. Mr. Westlund - stated that has been removed. Mr. Fursman cited a specific vehicle that was identified by Staff as of December 14. Mr. Westlund - stated that vehicle is no longer on the property. It was held up for a license because it didn't meet the emissions control test. It was repaired and licensed and is now off the property. There is a car on the property since Saturday that was damaged in a wreck and was purchased at an auction. They have replaced the fender and hood and are working on the grill. He called a mobile mechanic, and it is now running. He expects it will be moved in a couple of days. Mr. Westlund stated the ideal solution would be to allow the family to live with him while they build a house. They would then move into their own house by the end of the summer, 1995. It would only cost about $55,000 to build their house because they could do much of the work themselves. Council discussion noted that the residence has been used as a rental unit for some time, that the ordinance does not allow multiple rental units in a single family area; that a number of calls have been received from residents dealing with the junk vehicles in the yard; that it seems unusual that the Russian family has been here for two years and still - - - .. _h n' _. .... _. _ _ ~ _ Regular Andover City Council Meeting Minutes - December 20, 1994 Page 4 (Westlund Discussion, Continued) has not been able to find a place to live; that the December 19 letter from Linda Erdman of Best Value Real Estate notes they did not even start looking for housing until November 2, five or six weeks after the Council moved that the residence be converted to single family by November 30; that it appears that the other violations are a continual problem, which are the things that upset the neighbors; that Mr. Westlund collects rent from this family and has been Mr. Onchanu's representative rather than Mr. Onchanu addressing the Council himself; and that the neighbors are asking that the City ordinance be enforced. Mr. Westlund - noted Mr. Onchanu does not get home from work until 8:30 or 9 o'clock every day. He told Mr. Onchanu he did not have to be here. John Nord, 14216 Heather - stated the point is not the Russian family but the junk cars in the driveway and the dirt pile in the back yard. There are 8 or 10 parked cars in the driveway. If there is an accident or fire in the house, how will 15 to 18 people get out safely? He stated at the last Council meeting the family was trying to build a house; now they are trying to buy one. The story keeps changing, but the cars and the dirt pile do not go away. The neighbors are tired of it. Lloyd Wittacker, 2947 142nd Avenue NW - stated this is the third appearance Mr. Westlund has made to the Council. The entire neighborhood is upset, and three families have moved out because of him. The church brought the family here, which was nice. He suggested the church move them or find someone else for them to live with. Two years is a long time, stating Mr. Westlund just does what he wants. The rest of the residents abide by the rules, and Mr. Westlund should have to do the same. They want this resolved, as it is making too many people angry. Mr. Westlund - suggested evicting the Russian family is not any better than where they came from. He realized it is a single family home, and he never intended that they would live there so long. When they started looking for housing in October, 1993, they expected to move out within months; but they were totally unable to find housing. He does not need the rent from this family. He is also working on the other items around the house. He thought the family should move too, but he isn't going to kick them out onto the street just because they can't find housing. MOTION by Jacobson, Seconded by Perry, that the Council direct Staff to inspect the Virgil Westlund premises at 14183 Heather Street NW by January 10, 1995; and if violations are still in existence, to turn the matter over to the City's legal counsel for proper prosecution of the matter. DISCUSSION: Councilmember Jacobson understood at times little can be done over the holidays, and that is why the January 10 date was chosen. He felt two years is a long time, and so is four months after it first came to the Council. There are things that can be done. The church brought them over; so perhaps it is time some other people care for this family or split among other family and friends temporarily. Mr. Westlund - stated there is a state law that a family cannot be evicted during the winter months. Attorney Hawkins stated that is not correct. Motion carried unanimously. - _~_ - ~ - __.__~ ___.~ --0-0_. __ __ Regular Andover City Council Meeting Minutes - December 20, 1994 Page 5 , DOG COMPLAINT Mayor McKelvey explained the Council is requested to declare two dogs owned by Terris Blesi, 831 Crosstown Boulevard NW, as biting dogs because of an incident where they attacked a dog owned by Sharon Thompson, 838 Crosstown Boulevard NW on December 9, 1994, causing extensive injuries. The Council is then requested to declare the same two dogs as nuisances due to another attack on the same dog on December 13, which means the dogs must be either destroyed or removed from the City permanently within 48 hours. Sharon Thompson. 838 Crosstown Boulevard NW - stated the second attack happened on December 14. She presented pictures of her dog after the surgery. She stated the Blesi's are not bad people, but they do have two bad dogs. The Blesi's told her they attempted to deal with it and could find no help. The humane society would not take the dogs and the vets would not destroy them because they are healthy. They love animals, and she does also; and she understands their pain. She is asking the Council to help them deal with this problem. Terry Blesi. 831 Crosstown Boulevard NW - stated they got rid of the one dog and its puppies which was the digger and the chaser. He is sorry it happened. He still has the one dog in a reinforced pen. The other one would dig out of the pen and this one would follow. This one is a Samoyed and is a good dog. On one occasion they got out when his son was feeding the dogs and the door was not shut all the way. The Samoyed was involved in the second attack; but he didn't know about the first attack. He does have a fenced-in kennel which has been reinforced. Ms. Thompson - stated there were other incidents preceding these two since the summer when the dogs would come into her yard. She asked Mr. Blesi to please keep his dogs off her property. If that where a child, she stated it would be a different situation. Mr. Blesi - stated he has children, and the dogs love children. Ms. Thompson - argued dogs attacking children happens every year; but it became her business when she witnessed these two dogs attacking her dog while she could do nothing. Mr. Blesi - asked for another chance and that he be allowed to keep the Samoyed. He stated his dogs are in the kennel but accused Ms. Thompson of allowing her dogs to run out of the yard and into his yard as well. , Ms. Thompson - stated what is at issue is the two dogs who demonstrated some brutality, the likes of which her vet has never seen in all her years of practice. The Samoyed was involved in that attack. Councilmember Perry noted the December 15 police report indicates Mr. Blesi said the Hennepin County Humane Society would take both dogs. Mr. Blesi - stated when he got down there it was difficult to let them go, so he decided to keep the one he liked best. It is not easy to give up his dogs. He was told that Samoyeds go in teams; and when they have - - ~- - -.., - -- ._-- - ".. - "-. _. q Regular Andover City Council Meeting Minutes - December 20, 1994 Page 6 (Dog Complaint, Continued) puppies, they claim their territory. Without the chaser, the Samoyed would not run. He doesn't complain when others tease his dogs, as he is an animal lover. He's asking for another chance; and if something did happen, he would get rid of this one too. Councilmember Perry's concern was if it happened again, it could be to a human. Mr. Blesi - stated his dogs have never gone after a human. Councilmember Perry did not think the City could allow dogs that attack others to remain in the City. The ordinance is to protect the citizens and requires that the dogs be removed from the City. Mrs. Blesi - stated this is a good dog and did not think she had any part in the second attack. They got rid of the runner. Their dogs are in a kennel and did get out, so they got rid of one; but she accused the neighbors of also allowing their dogs to run. It is also difficult to get rid of dogs this time of the year. They are sorry it happened but are asking for one more chance. Many people want dogs that go in the house, and their dogs remain outside. The Council generally agreed there is a concern of another attack and the possibility of human injury. MOTION by Perry, Seconded by Jacobson, the Resolution declaring two Husky-type dogs owned by Terris Blesi of 831 Crosstown Boulevard NW as "Biting Dogs". (See Resolution R299-94) Motion carried unanimously. MOTION by Perry, Seconded by Jacobson, the Resolution declaring two Husky-type dogs owned by Terris Blesi of 831 Crosstown Boulevard NW as "nuisances" and ordering their permanent removal from the City of Andover or their destruction. (See Resolution R300-94) Motion carried unanimously. ADOPT 1995 LEVY AND BUDGET MOTION by Jacobson, Seconded by Perry, the Resolution under Item No. 4 as prepared, both Resolutions including the addition of health insurance as noted in a memo dated December 20, 1994, to the Council. (See Resolution R301-94 establishing the 1995 budgets for the General Fund, , Lower Rum River Water Management Organization Fund and the Debt Service Funds; and Resolution R302-94 establishing the 1995 Levy to be certified to the County Department of Property Tax Administration by the City of Andover) Motion carried unanimously. WAIVE BLACKTOP REQUIREMENT FOR OCCUPANCY PERMITS - FOX WOODS; JONATHAN WOODS/FOXBERRY FARMS; WOODLAND PONDS 2ND ADDITION Mr. Erickson reviewed the request of the developers of four plats to waive the requirement that the first lift of asphalt be installed prior to certificates of occupancy being issued for specific lots in those plats. Fox Woods and Woodland Ponds 2nd have had the utilities, concrete curb and gutter and gravel base installed where they are requesting certificates of occupancy to be permitted. Foxberry Farms and Jonathan Woods are in similar condition except the sanitary sewer does not have - _~ __. __.___ ____..___0_°_. - - .- Regular Andover City Council Meeting Minutes - December 20, 1994 Page 7 , (Waive Blacktop Requirements for Occupancy Permits, Continued) an outlet connection. The developer has agreed to assume the responsibility and cost of pumping the sanitary line until the connection is made next spring and would clean and sanitize the manhole then. All developers have provided documentation that they will provide snowplowing during this period, will replace any curb and gutter that is damaged during snowplowing and will replace any gravel base if needed. Council discussion noted a concern for allowing homes to be constructed in a development that is not yet connected to the sanitary sewer line. Mr. Davidson explained the installation of the sewer lines for the two plats, noting the connection could not be made because of the cold weather late in the season and the inability to dewater. Homer Tompkins, Contractor Property Developers - said they have three contractors who would like to construct four model homes for sale, then show them and hopefully sell other lots and start construction on those lots. They are not building for the Parade of Homes. The pumping from the manhole would be for a relatively short period of time. It would be late February or early March before the homes would be occupied. The other five houses would not be started until March - May. He understood this has been allowed for other developments in Andover, plus they have been allowed to do this in other communities. He asked if the Council would consider allowing the certificates of occupancy starting in March. Mr. Davidson stated the connection of the sewer will depend on the weather, but he thought it would be May 15, mid-June at the latest. Mr. Tompkins - said both developments would be pumped from the same manhole. Also, this has been the best fall in ten years, and he felt that whoever let the bids really dropped the ball on this contract. They are willing to put in any purchase agreement that the sewer line is not completed and that they would be totally responsible and liable for anything that would happen. Mr. Haas and Mr. Davidson explained that such pumping is not uncommon and has been done in the past with no difficulties. The number of times it is pumped will depend on the number of occupied homes and persons per home. It was done with 25 to 30 homes on line before. Staff was comfortable as long as the information is provided to the residents and the City is held harmless. MOTION by Perry, Seconded by Jacobson, that we waive the requirement that the first lift of asphalt be installed prior to certificates of occupancy being issued for specific lots within Fox Woods, Woodland Ponds 2nd Addition and Foxberry Farms,/Jonathan Woods developments. Motion carried unanimously. MOTION by Perry, Seconded by Knight, that the projects as outlined for Jonathan Woods and Foxberry Farms be allowed to construct homes and obtain certificates of occupancy for the designated lots prior to the connection to the sanitary sewer with the understanding that the necessary documents will be provided to the City to hold the City harmless and also that the connections will take place at the earliest possible moment; limited to 12 lots in Foxberry Farms and 5 designated lots in Jonathan Woods, subject to the legal counsel approval of the hold harmless agreement. Motion carried unanimously. - -- - ~------ - Regular Andover City Council Meeting Minutes - December 20, 1994 Page 8 APPROVE FEASIBILITY REPORT/IP94-16/TULIP STREET Mr. Erickson reviewed the request to approve the feasibility report completed by BRA and order a public hearing for Project 94-16, Tulip Street NW from 161st Avenue NW north to approximately 168th Lane NW. The roadway is designated MSA. Only a portion of the needed 66-foot wide right of way currently exists. The estimated cost to construct the project is $769,000, excluding the cost of purchasing right of way, of which MSA funds would cover approximately $651,400. That leaves approximately $117,600 to be funded by other means, the proposal being to assess the adjacent property owners. The assessment method which appears most equitable would be on a per-lot basis. There would be 23 lots; six of them are currently being farmed and could have assessments deferred if the Council chooses to do so. There is also some land that would not be buildable and could not be assessed. The estimated assessment per unit is $5,113. At an informational meeting with the residents there was general support for the improvement, though the costs were not known at that time. Councilmember Jacobson noted the feasibility states the use of geotextile fabric, which indicates the soils are not suitable. Mr. Erickson noted there is a wetland area, but the extent of the peat will not be known until soil borings are taken. The geotextile fabric is included just in case it is needed. Councilmember Jacobson noted problems in previous projects with storm water drainage. He advised that care be taken with regard to storm drainage and that it be done correctly. It appears the drainage will dump into the county ditch and into the wetland. Bonnie Dehn - represented her property plus her mother, Mrs. Bennett. The proposed cost becomes a financial liability even if the assessments are deferred because it is shown as a liability for banking purposes. It would force some of them out of farming, and they want to continue farming to a 100-year farm as her daughter is interested in taking over. Their farm is in Green Acres but not in Ag Preserve. She also challenged the buildability of some of the proposed lots because there may not be enough of a front-yard setback once the right of way is purchased. Also, there may be a problem along the line of 165th with organic soils. Right of way is needed on both sides of the road, and there were evergreens planted along the roadway 35 years ago which are now very large. On the other side is a perennial herb field, which will be costly to move. She farms both sides of the road, and the right of way would definitely reduce their acreage for farming. Also, they are a pesticide- free farm, and any type of chemicals or salt from storm water into or near the fields would impact their operations. The assessments to the three farms are considerable, and they really have no benefit from it. There was some discussion on the storm drainage, including suggestions as to where the drainage should go to least impact the farmers. Mr. Erickson noted those issues and concerns would be addressed during the design state, but the proposal has been to dump the drainage directly into the county ditch, not into the wetlands. _ _. n ~_ _ ..._ _ _" _. . _. "_. _ _ _ _ Regular Andover City Council Meeting Minutes - December 20, 1994 Page 9 (Approve Feasibility Report/IP94-16/Tulip Street, Continued) Ms. Dehn - stated that would require an easement from Mr. Knoll. A suggestion may be to stop the surfacing of the road at the small curve near the City of Andover property, leave the farms alone, then continue north again at about 166th. That farming area is along that portion where the geotextile may be needed through the wetland area. The paving of Tulip to 166th and storm drainage was noted when the Timber Meadows development was considered. They are not opposed to the road, but they have some concerns that need to be addressed. Council noted if some of the proposed lots are not buildable, the overall cost to everyone else increases. That, along with the issues of purchasing right of way, , creating a chemical-free zone, and storm drainage questions, may cause the project to become cost prohibitive per parcel. However, leaving the middle unpaved would mean continued maintenance by a grader for a short section of road. Councilmember Perry had a problem with forcing the farmers to develop their land to pay for assessments. The City has worked hard to provide protection to the agricultural businesses, and she felt that needs to continue. She suggested determining the real costs of putting that road in without attaching those assessments to the farms, then decide whether it is worth it to the City to carry it. She hoped that the policy of being strongly in favor of the agra-business will be part of this continuing discussion. Attorney Hawkins noted this is a Council- initiated projects which requires a 4/5 vote for approval. Councilmember Jacobson suggested the feasibility report be approved and public hearing ordered and ask Staff to recalculate costs including acquisition of right of way and consideration given for the farms. Ms. Dehn - noted this will be considered when she becomes a Councilmember, and she will abstain from the vote. Bob Dehn - stated the farmers are not opposed to the project as long as ' it doesn't cost them in deferment and if they can work out the land acquisition for easement. It is a good projects which eliminates the problem of maintenance for the City. Mr. Knoll - agreed. MOTION by Perry, Seconded by Dalien, that we accept the feasibility study for Tulip Street NW, Project No. 94-16, as presented. (See Resolution R303-94 setting public hearing for January 17, 1995) Motion carried unanimously. SPECIAL ELECTION Mr. Fursman explained Pov's Sports Bar applied for their liquor license expecting to serve liquor on Sundays. That is not an option in Andover. Mr. Povlitzki has asked the Council to hold a special election as soon as possible so that the voters can approve or deny Sunday liquor. The cost for the election would be about $2,500, and the earliest it could be held is February 3, 1995. Mayor McKelvey stated Mr. Povlitzki hasn't said whether he would be willing to pay for that special election. , - -. .-_. ~ - .-- - .,-. . - "_.... ~..- Regular Andover City Council Meeting Minutes - December 20, 1994 Page 10 (Special Election, Continued) Mr. Fursman stated not only Mr. Povlitzki would benefit, but so would any other restaurant developer who comes into the City. In discussing other options, the Council noted the next general election is in 1996 and a school bond election would not cover the entire City. Mayor McKelvey noted Mr. Povlitzki is arguing he mentioned serving liquor on Sunday and that it was assumed that the license covered that. The opening of Pov's Sports Bar is planned for a week from Sunday, and he would like the election as soon as possible. Other Councilmember recalled him mentioning he was going to serve brunch on Sundays, but they did not recall discussing serving liquor on Sundays. Mayor McKelvey suggested he notify Mr. Povlitzki that the City Council would authorize holding a special election on serving liquor on Sundays if he would pay the costs for that election. MOTION by Dalien, Seconded by Knight, to so move. Motion carried on a 4-Yes, I-No (Jacobson) vote. Because the Council did not wish to hold the election on a Friday, it was agreed it should be held on Tuesday, February 7, 1995, assuming Mr. Povlitzki agrees to pay the costs. MOTION by Jacobson, Seconded by Knight, that we close the regular City Council meeting and open the Economic Development Authority meeting. Motion carried unanimously. 9:50 p.m. The regular meeting was reconvened at 10:15 p.m. PERSONNEL POLICY Mr. Fursman reviewed the recommendation to implement a program effective January 1 of increases in salaries tied to merit as well as longevity. This policy would recognize those individuals who do outstanding work and contribute with a positive attitude throughout the year. He outlined the three rankings of excellent, average and unsatisfactory and how the salary increases would be tied to those ratings. The intent is to promote excellence in the work place and to reward those who put forth excellent efforts. Councilmember Jacobson did not recall the Personnel Committee discussing the percentage of increase of 1/2 and none for average or unsatisfactory performance. He recalled discussing a range. Mr. Fursman stated the standards of 1/2 and no raises are the minimum standards, so the wording is poorly written within the policy. The intent is to advise the individual that does the least amount of work to get by. Councilmember Knight was concerned with such a policy unless a good measuring instrument is in place. The subjective portion is always a problem. Mr. Fursman stated that measuring instrument is in place, rating employees performance overall. Some of it is subjective. Councilmember Jacobson noted most businesses operate by setting goals, grading, etc. The Council has already passed a budget with a salary increase. The Administrator would now have the latitude to set salary raises to employees who meet or exceed the standards, but the total salary increases would not go over what was budgeted. - -. . Regular Andover City Council Meeting Minutes - December 20, 1994 Page 11 (Personnel Policy, Continued) MOTION by Jacobson, Seconded by Dalien, to adopt Policy No. 23 - Salary Increases; but change the second paragraph to: "Those employees who exceed minimum requirements or an overall excellent performance will receive 100 percent of the Council-approved salary increase. Employees who meet minimum requirements to stay in good standing will receive raises as determined by the Administrator, not to exceed that set by the Council. Those employees who do not meet minimum standards will not receive a raise until their performance is remedied. " DISCUSSION: Councilmember Knight had some reservations, thinking there may be some problems with this policy in the future of people claiming unfair treatment. councilmember Jacobson stated good personnel records and goals will be needed. Motion carried unanimously. . 1995 LICENSE RENEWALS Mr. Fursman noted that Tasty Pizza has asked to remove their application for On-Sale Non-Intoxicating Liquor license. MOTION by Perry, Seconded by Knight, the re-issuance of licenses as presented. (Cigarette: Bill's Superette, G-Will Liquors, JJ's Liquors; Off-Sale Intoxicating Liquor: JJ's Liquors, G-will Liquors; On-Sale Intoxicating Liquor: Pov's Sports Bar and Grill, Inc.; Off-Sale Non- Intoxicating Liquor: Bill's Superette) Motion carried on a 4-Yes, I-No (Jacobson) vote. APPROVE USER FEE/HOCKEY RINKS MOTION by Dalien, Seconded by Knight, the Resolution as presented. (See Resolution R304-94 establishing an annual user fee for the use of hockey rinks) Motion carried unanimously. ADOPT 1995 FEES MOTION by Knight, Seconded by Jacobson, adoption of all four Resolutions 0 setting fees for 1995 as presented. (See Resolution R305-94 setting rates for permits, connection fees, services, and water usage; Resolution R306-94 establishing service charges to be collected in 1995; Resolution R307-94 establishing permit fees and service charges to be collected by the City of Andover and Amending Resolution No. 295-93 setting forth such fees; and Resolution R308-94 setting fees for permits, rezonings, special use permits, variances, platting, license fees, lot splits, rental fees and various other fees) DISCUSSION: Mr. Fursman noted Staff will verify the accuracy of the dates noted on Resolution R307-94 for the Building Department to use the most current data. Motion carried unanimously. - _0' - ~_ __.__ _.,__._ 0_._' þ-- -- Regular Andover City Council Meeting Minutes - December 20, 1994 Page 12 REVIEW FIRE DEPARTMENT POLICY Councilmember Knight reported he and Councilmember Perry met as members of the Public Safety Committee to review the Fire Department By-Laws. They have three suggestions: 1) Under Section 3 regarding suspensions, he could not find where a member would have the right to put his reactions in writing for the record. That is fairly standard in many policies. 2) Under both suspension and termination, there is no stated provision for a hearing. It says the Grievance Committee will review, but there is no stated provision for a hearing. That is one area the Committee feels needs to be clarified. Mr. Fursman stated the practice has been to hold a hearing. Councilmember Knight stated particularly in terminations where there is a property right at stake, it would be important to add that in the policy. 3) Where it deals with dismissal, the policy does not say whether a simple majority or a majority of the members is needed to sustain the Chief. He felt these changes would clarify any perceived rights that are not presently there. Mayor McKelvey stated he talked to the Chief that the policy does not say anything about a member being able to speak on his own behalf. Councilmember Perry thought it would be well to have that language changed. Bob Peach stated neither he nor a representative will not be allowed to attend the Grievance Committee meeting. He received that notice in writing this evening. He was told when he should send papers to the Committee, but he was not told when that meeting will be held or who is on the committee. It is a secret meeting was far as he understands. Council discussion noted the Fire Department is the only authority to change their By-Laws. They suggested Mr. Fursman write to the Chief and/or the Fire Department expressing the points raised by the Public Safety Committee and strongly suggesting they clarify their By-Laws. Mr. Fursman stated part of the rules are governed by the ordinance, and the By-Laws go further to determine who has authority and the procedure to handle situations. The procedures to handle the administrative review /' aren't even written, and probably would be governed more by the . Personnel Policy and the Administrator reviewing the polices that were in place by the Fire Department to see that they were correctly followed. Attorney Hawkins agreed the procedures should be reviewed. The City should afford the right of people to be heard and to present evidence, especially in termination situations. The question is whether it is done at the Fire department level or when it comes up to the City Administrator. Mr. Fursman stated in the present case, he has asked not to be involved because if it comes to his review, he does not want to hear just one side. He thought the four members reviewing it are the fact-finding review committee and see if the action based on those facts was warranted. From there it goes to the entire Fire Department at which time there is a hearing. Councilmember Knight stated how they are doing it and how it is worded in the By-Laws is not the same, again suggesting those three items be reviewed. Attorney Hawkins stated if it __.. "___h ____"___._..._,__. ___~ Regular Andover City Council Meeting Minutes - December 20, 1994 Page 13 (Review Fire Department Policies, Continued) isn't at that level, then the City would implement the policy of allowing a member to present evidence to the City Administrator. But he didn't think that was what the Council wants to see done. Mayor McKelvey wanted the Department to do their own review, but questioned how a fact-finding committee could hold a meeting and get all the facts when they don't listen to the party that is being suspended or terminated. How much can be put in writing? And there is no provision for rebuttal or to answer questions. The Council asked the Administrator to write to the Chief and Fire Department outlining the points mentioned this evening, giving them a reasonable amount of time to act on them or provide rationale for doing it the way they are doing it. MAYOR/COUNCIL INPUT 0 The Councilmember Jacobson commended Councilmembers Perry and Dalien for their good work for the City and hoped they would continue to serve the City on special committees, etc., Councilmembers Perry and Dalien were encouraged by the direction the City is going and stated they have enjoyed their service to the City. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Knight, approval of the Schedule of Bills dated 12-13 and 12-20 in the total amount of $581,687.36. Motion carried unanimously. MOTION by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 10:50 p.m. Resp~~~ ~a A. Poaoh Recording Secretary ._-~. - -- --. -.' - .-.-. _.- .-