Loading...
HomeMy WebLinkAboutCC June 21, 1994 ~ CITY of ANDOVER Regular City Council Meeting - June 21, 1994 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public Hearing/94-3/140th Lane, Cont. 2. Public Hearing/94-6/Hartfiel's Estates 3. Crown pointe & Crown Pointe East Rezoning Discussion Re orts of Staff, Committees, Commissions . Approve Trans er 0 Llcense/Best Auto Parts 5. License Renewals/Salvage Yards 6. Approve Bids/Tandem Dump Truck 7. 1995 MSA Street Program 8. Septic System Discussion 9. Roofing study Report 10. utility Billing proposal 11. Salary Adjustment/Planner 12. 1995 Budget Schedule 13. Domestic Abuse Prosecution plan Non-Discussion/Consent Items 14. Assistant Weed Inspector 15. Adopt Resolution/"No parking" on Bunker Lake Blvd/Senior PGA Golf Tournament 16. Amenå Ordinance 95/Boulevard Encroachment 17. Transfer FundsjWater Trunk to 1985B Bond Debt Service 18. Transfer Funds/Assessment Administration, Drainage & Mapping, Water & Sewer Trunk Funds 19. Receive May Financial Statements 20. Reduce Escrow/87-22/Hills of Bunke! Lake 2nd 21. Approve plans & Specs/Sealcoating/94-l5 22. Accept Petition/Quickstrom Addition/94-l7 23. Approve plans & Specs/Kelsey-Round Lake Park 24. Receive Petition/94-8/Foxberry Farms 25. Accept Feasibility Report/Foxberry Farms/94-8 26. Order Ad for Bids/Refurbishing Engine 6 27. Salvage Yard Purchase Update 28. Approve Revised Grading, Drainage, Erosion Plan/Timber Meadows 2nd Addition 29. Approve plans & Specs/Pine Hills/93-l8 30. Accept Feasibility Report/Jonathan Woods/94-l0 31. Approve Change Order #2/Emerald Glen/93-ll 32. Approve Change Order #2/Commercial Blvd./92-Z7 Mayor-Council Input Aå~roval of Claims A Journment . - ~ - _..__ ______0_____. RETGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 21, 1994 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 NON-DISCUSSION/CONSENT ITEMS Approve transfer of license/Best Auto Parts (from Harry Haluptzok to Terrance Richardson) .... · · · · · · · 1 Appoint Assistant Weed Inspector (Jeff Johnson) · · · · · · · 1 Resolution Rl14-94 adopting "No Parking" on Bunker Lake Boulevard/Senior PGA Golf Tournament · · · · · · · · · · 1 Amend Ordinance 95/Boulevard Encroachment · · · · · · · · · · 1 Resolution Rl15-94 transferring funds/water trunk to 1985B Bond Debt Service · · · · · · · · · · · · · · · · · · · 1 Resolution Rl16-94 transferring funds/Assessment administration, drainage and mapping, Water and Sewer Trunk Funds · · · 1 Receive May financial statements · · · · · · · · · · · · · · 1 Reduce escrow/IP87-22/Hills of Bunker Lake 2nd · · · · · · · 1 Resolution Rll7-94 approving plans and specs/Sealcoating/ IP94-l5 · · · · · · · · · · · · · · · · · · · · · · · · 1 Resolution Rl18-94 accepting petition/Quickstrom/IP94-l7 · · 1 Resolution Rl19-94 approving plans and specs/Kelsey-Round Lake Park · · · · · · · · · · · · · · · · · · · · · · · 1 Resolution R120-94 receiving petition/IP94-8/Foxberry Farms · 2 Resolution R12l-94 accepting feasibility/Foxberry/IP94-8 · · 2 Order ad forbids/refurbishing Engine 6 · · · · · · · · · · · 2 Salvage yard purchase update · · · · · · · · · · · · · · · · 2 Resolution R122-94 approving revised grading, drainage, erosion plan/Timber Meadows 2nd Addition · · · · · · · · 2 Resolution R123-94 approving plans and specs/Pine Hills/93-l8 2 Resolution R124-94 accepting feasibility/Jonathan Woods/94-l0 2 Resolution R125-94 approving change order #2/Emerald Glen/ IP93-11 · · · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R126-94 approving change order #2/Commercial Boulevard/IP92-27 · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING: IP94-3/l40TH LANE · · · · · · · · · · · · · · · 2 Resolution R127-94 ordering improvement · · · · · · · · · · · 3 Resolution R128-94 accepting alternate bid and awarding . contract/C.W. Houle 3 · · · · · · · · · · · · · · · · · PUBLIC HEARING: IP94-6/HARTFIEL'S ESTATES · · · · · · · · · · · 3 Motion to table · · · · · · · · · · · · · · · · · · · · · · · 9 FEASIBILITY STUDY FOR SEWER AND WATER FOR PROPOSED SCHOOL SITE Resolution R129-94 ordering report · · · · · · · · · · · · · 9 LICENSE RENEWALS/SALVAGE YARDS Motion to approve · · · · · · · · · · · · · · · · · · · · · · 9 APPROVE BIDS/TANDEM DUMP TRUCK Motion to approve bid from Boyer Ford · · · · · · · · · · · 10 1995 MSA STREET PROGRAM Motion prioritizing Tulip Street as No. 1 · · · · · · · · · 10 SEPTIC SYSTEM DISCUSSION · · · · · · · · · · · · · · · · · · · · 10 ROOFING STUDY REPORT Motion to table tò first meeting in July · · · · · · · · · · 11 UTILITY BILLING PROPOSAL Motion to contract with Anoka Electric for utility billing · 11 SALARY ADJUSTMENT/PLANNER Motion to approve salary adjustment · · · · · · · · · · · · · 11 Motion to extend temporary full-time status of Building Secretary · · · · · · · · · · · · · · · · · · · · · · · 12 - -.---------- Regular Andover City Council Meeting Minutes - June 21, 1994 Table of Contents Page ii 1995 BUDGET SCHEDULE · · · · · · · · · · · · · · · · · · · · · · 12 DOMESTIC ABUSE PROSECUTION PLAN . · · · · · · · · · · · · · · · · 12 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 12 CROWN POINTE AND CROWN POINTE EAST REZONING Resolution R130-94 initiating rezoning · · · · · · · · · · · 13 MAYOR/COUNCIL INPUT Bluebird Street · · · · · · · · · · · · · · · · · · · · · · · 13 Oppose city funding of landfill clean-up efforts · · · · · · 13 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 13 -~.~.- .~ ' . CITY of ANDOVER .J.. 1685 CROSSTOWN BOULEVARD NW.' ANDOVER, MINNESOTA 55304. (612) 755-5100 .-..,, REGULAR CITY COUNCIL MEETING - JUNE 21, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on June 21, 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 Planner, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others AGENDA APPROVAL Add Item 3a, Feasibility Study for Sewer and Water for the Proposed School Site; switch Item 4 to Non-Discussion/Consent Items; move Item 3 to Closed Session with the City Attorney. A resident felt Item 3, Crown pointe and Crown pointe East Rezoning Discussion, should be discussed at an open meeting. Attorney Hawkins advised that the item can be discussed in closed session because of the litigation. Any action needed as a result of that would be done at an open meeting. Mayor McKelvey asked for a motion to approve the Agenda as amended. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanimously. NON-DISCUSSION/CONSENT ITEMS Item 4: Approve Transfer of License/Best Auto Parts (from Harry Haluptzok to Terrance Richardson) Item 14: Appoint Assistant Weed Inspector (Jeff Johnson) Item 15: Adopt Resolution/"No Parking" on Bunker Lake Boulevard/ Senior PGA Golf Tournament (See Resolution Rl14-94) Item 16: Amend Ordinance 95/Boulevard Encroachment Item 17: Transfer Funds/Water trunk to 1985B Bond Debt Service (See Resolution Rl15-94) Item 18: Transfer Funds/Assessment Administration, Drainage and Mapping, Water and Sewer Trunk Funds (See Resolution R116-94) Item 19: Receive May Financial Statements Item 20: Reduce Escrow/IP87-22/Hills of Bunker Lake 2nd Item 21: Approve Plans and Specs/Sealcoating/IP94-l5 (See Resolution R1l7-94) Item 22: Accept Petition/Quickstrom Addition/IP94-17 (See Resolution Rl18-94) Item 23: Approve plans and Specs/Kelsey-Round Lake Park (See Resolution Rl19-94) jY\~~ep-~""'Î{'f<f· --- --~------ - Regular Andover City Council Meeting Minutes - June 21, 1994 Page 2 (Non-Discussion/Consent Items, Continued) Item 24: Receive Petition/IP94-B/Foxberry Farms (See Resolution R120-94) Item 25: Accept Feasibility Report/Foxberry Farms/IP94-8 (See Resolution R12l-94) Item 26: Order Ad for Bids/Refurbishing Engine 6 Item 27: Salvage Yard Purchase Update Item 28: Approve Revised Grading, Drainage, Erosion Plan/Timber Meadows 2nd Addition (See Resolution R122-94) Item 29: Approve plans and Specs/Pine Hills/IP93-l8 (See Resolution R123-94) Item 30: Accept Feasibility Report/Jonathan Woods/IP94-l0 (See Resolution R124-94) Item 3l: Approve Change Order #2/Emerald Glen/IP93-ll (See Resolution R125-94) Item 32: Approve Change Order #2/Commercial Boulevard/IP92-27 (See Resolution R126-94) MOTION by Perry, Seconded by Dalien, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES June 7, 1994, Regular Meeting: Correct as written. MOTION by Knight, Seconded by Jacobson, approval as written. Motion carried unanimously. PUBLIC HEARING: IP94-3/140TH LANE, CONTINUED 7:10 p.m. Mr. Davidson reviewed his meeting with the residents on this project. They looked at the potential subdivision of the various lots on both sides of the street. They also propose discussions with Mr. Steele to acquire easement for permanent ponding since all drainage from this subdivision eventually ends up in that low area. It would still allow Mr. Steele to have a 100-foot lot, depending on how the wetland vegetation will be defined on that parcel. He has also received an agreement from Tony Emmerich, developer of The Hills of Bunker Lake 5th Addition immediately east of this area. Mr. Emmerich is willing to pay for the contract cost of the first lift of blacktop and one-half of the cost of the base construction. That amounts to $9,542 and lowers the assessment to the seven parcels to $6,031. There would be an adjustment for Mr. Steele because he already has concrete curb and gutter and bituminous in front of his lot, but he would pay for the storm sewer. The other side of the street has bituminous but no curb and gutter, and credit would be given for that portion of blacktop that exists as bituminous street. Mr. Davidson showed model assessments for the project area assessing the principal cost over both a five-year and a ten-year period based on a 7 percent interest rate. The residents asked the Council to consider a Regular Andover City Council Meeting Minutes - June 21, 1994 Page 3 (Public Hearing: IP94-3/140th Lane, Continued) uniform assessment for sewer and water at the time of connection. Assuming an 80-foot standard lot width, 14 potential lots along the street, the sewer and water assessments and connection charges would be $5,515 per parcel. If the trunk sanitary sewer assessments are to be deferred, the City would need to carry $32,396 in deferred assessments, leaving $62,554 carried for future area and connection charges. That would require 37 acres of future development east of prairie Road. There would be no deficit if the trunk watermain assessments are deferred. Councilmember Jacobson noted the letter sent to the Council this evening states assessing for 100-foot lots when connecting. Mr. Davidson stated he used 80 feet because the 250-foot wide lots can then be divided into three 80-foot lots. The hearing was then opened for public testimony. A resident proposed using 80-foot lot frontage because his house is situated such that he might not be able to subdivide without moving the garage. With the escrow needed when he sells his house, he would not be able to afford to move unless 80-foot lot frontages are used. Mayor McKelvey noted the Engineer's recommendation is 80 feet. Another resident also was in favor of the proposed 80 feet and going ahead with the project. He also had Mr. Steele's permission to indicate he is in favor of the project. There being no further testimony, Mayor McKelvey asked for a motion to close the public hearing. MOTION by Knight, Seconded by Perry, to so move. Motion carried unanimously. 8:21 p.m. MOTION by Jacobson, Seconded by Perry, both Resolutions and with the attached TKDA memorandum to Todd Haas dated June 16, 1994, which outlines the conditions, the 80 feet and everything else so we know in the future what conditions there were. Also, subject to receipt in writing from Tony Emmerich that he will subsidize the $9,542. (See Resolution R127-94 ordering the improvement; Resolution R128-94 accepting the alternate bid and awarding contract to C. W. Houle, Inc., in the amount of $139,231.03) Motion carried unanimously. 7:24 p.m. PUBLIC HEARING: IP94-6/HARTFIEL'S ESTATES 7:24 p.m. Mr. Davidson reviewed the proposed project for Hartfiel's Estates and Sharon's 2nd Addition, noting Sharon's could stand alone as a project if the Hartfiel's portion is not ordered. He detailed the proposal for sanitary sewer, watermain, storm sewer and streets, and proposed the storm sewer and streets be assessed to every parcel initially. The sanitary sewer and water assessment would only go against those lots owned by developers and anyone who wishes to hook up immediately. The suggestion is the other pre-existing lots of record have the sewer and water assessments deferred until they connect and Regular Andover City Council Meeting Minutes - June 21, 1994 Page 4 (Public Hearing: IP94-6/Hartfiel's Estates, Continued) that the connection rate when hooking up would be based on this year's construction costs. The assessment for Bluebird Street would be against the lots on the west side of the road and against 13 lots which could potentially be subdivided on the east side, which is being considered as the Fox Woods plat. Mr. Davidson then reviewed the estimated costs and assessments if both Hartfiel's Estates and Sharon's 2nd Addition were done together. The 12 lots owned by developers being assessed for both streets and utilities would be charged approximately $12,217 per lot. Of the units in Hartfiel's Estates that would be assessed for streets and storm sewer at this time, assuming no hook up to utilities, the charge would be approximately $5,475 per lot. The City would be carrying approximately $200,000 in deferred assessments until at least 30 of the 53 units connected to the system. Mayor McKelvey opened the hearing for public testimony, noting the petition before them has 28 in favor, 17 against, and 11 unavailable for comment. Randv Welter, 14590 Bluebird Street NW - is opposed to the project. He asked if the petition was passed around before or after the platting of Sharon's 2nd Addition. He also asked about the number of votes that parcel was allowed. Mr. Haas stated the petition was filed with the City in March, 1994; but he would have to check to see when Sharon's was platted. Sharon's was given eight lots to vote, which was the same number as when Mr. Heil owned the property. Mr. Welter - stated he and his wife are trying to raise five children, and these assessments would put him out of his home. He's lived there for 15 years and is not opposed to the development. But when the development will put him out of his home, he has to voice his objection to it. Dennis Nelson, 1408 l46th Lane - asked for a clarification on whether or not they have an option to hook up to sewer and water, whether they will be forced to do so at some point, and does it have to come in through the front of the house. Mr. Haas stated they do have that option. It makes sense to hook up to both sewer and water at the same time because the lines are usually placed in the same trench. Where the utilities come into the house depends on how they come in right now. Mr. Davidson explained they will work with the property owner to locate the utilities where it is best. The cost to hook up, even 20 years from now, will be the same except for the area and connection charges which are adjusted each year. Mr. Nelson - asked if the total cost of the project includes the development of Fox Woods. Mr. Davidson stated this is being evaluated on a stand-alone basis. Mr. Nelson - had a problem with the improvement of Bluebird from CoRd 16 to Oak Bluff. It bothers him that the road was not finished when the Regular Andover City Council Meeting Minutes - June 21, 1994 Page 5 (Public Hearing: IP94-6/Hartfiel's Estates, Continued) sewer line was brought up it five or six years ago. It should have been done then rather than the residents of Hartfiel's Estates having to pay for it now. That stretch of road serves four or five developments, yet they have to pay for the improvement. It is not even a neighborhood road; it is more like a county road for the amount of traffic it receives. He gets no benefit from blacktopping Bluebird. Staff and Council explained half of Bluebird will be paid by the developer of Fox Woods. It was not improved when the sewer came through because it was rural and there was no one to assess it to. Rick Nelson, 14531 Drake Street NW - asked if the storm sewer is going across his lot. He has not been contacted about an easement. Mr. Davidson stated they have several alternatives for storm drainage which will be decided during the design of the project. Once it is decided, they will contact the property owners about easement acquisition. Ron Herrmann, 14560 Drake Street NW - asked his assessment if he does not hook up to sewer and water at this time. Mr. Davidson stated it is estimated at $5,474 per lot. Mr. Herrmann - agreed with Mr. Nelson about Bluebird. He thought 90 percent of the people in Hartfiel's Estates exits via Drake. Bluebird is only used because of the development to the north. He asked several questions regarding Bluebird and l46th. Mr. Davidson stated the parcel east of Bluebird is being assessed with this plan for one-half of the street. l46th will continue to the east if developed as Fox Woods is proposed. Greq Lee, 14515 Drake NW - asked who pays for the easement acquisition. Mr. Davidson stated it is part of the cost of the project. The holding pond and utility easements have already been defined by easement. Mr. Lee - counted 56 lots within the development. He asked if Lots 5 and 6, Block 4 are counted as one lot and why. Mr. Davidson stated they are one lot because one long lot was created along Bluebird in a lot spli t . Mr. Lee - stated he has Lots 5 and 6, Block 3, and his house is in the middle of the two. Will he be charged for two lots when he hooks up to sewer and water? Will he be assessed at any time if he does not hook up to the utilities? Mr. Davidson stated he would be charged for one unit if it is verified that the house is in the middle and the lots cannot be subdivided. Mr. Haas stated he will only be assessed when he hooks up. This change will reduce the number of connections by two. Mr. Lee - stated it seems the emergency overflow for the pond is located - on the north property line. Mr. Davidson stated that will be surveyed. Mr. Haas also noted Lots 15 and 16 on l46th will get only one assessment because the house is in the middle of the two parcels. He will verify the location of the house on Lots 5 and 6, Block 3. Regular Andover City Council Meeting Minutes - June 21, 1994 Page 6 (Public Hearing: IP94-6/Hartfiel's Estates, Continued) Gene Paschen, 14632 Drake Street NW - explained the petition they signed was carried around by Charlie Hartfiel. They were told that the signature indicated a desire to obtain the costs of the improvement, not whether or not they were in favor of it. He has two votes and wishes to change it from yes to no; he's opposed to the project. Wavlan Carlson, 1459 l46th Lane NW - was in favor of the project until he found out it would cause some hardship for one of his neighbors. Does the City have anything to defer payments or help his neighbor with this so he doesn't lose his house? Attorney Hawkins advised there is no policy in the City that would allow this to be deferred based on income. Mr. Carlson - stated he is then opposed to the project. He too was told at the time the petition came around that it was not for or against the project, just to obtain costs. Dennv Nelson, 1408 l46th Lane - asked how he signed on the petition. Mayor McKelvey indicated he signed against; his wife signed for. Mr. Nelson - asked what happens if he does not hook up to utilities and he sells his house. Does he have to hook up before selling, or does the new owner have an option. Mr. Davidson stated that will depend on the mortgage agency or financing company. Some require utilities to be hooked up if they are available. Mr. Nelson - was really concerned with safety on Bluebird if this goes through. He thought a four-way stop is needed along there because of the speed traveled down the straight stretch and the children and pedestrian traffic coming to and from the park; because without it he felt there will be a serious accident some day. Mr. Davidson recalculated the proposed assessments given the loss of two assessable units in the project. The streets and storm sewer assessment would be about $5,609, and the assessment with all utilities would be about $12,490. A resident noted they were told they would be paying less if their project was done in conjunction with Sharon's 2nd Addition and Fox Woods. He asked what the cost will be if all three projects are combined. Mr. Davidson stated ideally all three areas would be done under one contract for maximum cost savings. He did not have those calculations, but spent some time making those calculations and reported them a little later in the meeting. Ellen Smit, 1439 l46th Avenue NW - asked what happens to the lots across from Sharon's if Hartfiel's is not done but that development proceeds. She has two lots at the entrance to Sharon's 2nd Addition. Will she be assessed? Mr. Davidson stated the Council will have to make the decision at the time whether to assess her or to defer the assessments. , -> Regular Andover City Council Meeting Minutes - June 21, 1994 Page 7 (Public Hearing: IP94-6/Hartfiel's Estates, Continued) Mr. Herrmann - asked about the time frame for both Fox Woods and Hartfiel's. What is the feasibility of both projects being done together and is there a hurry-up time frame to have Hartfiel's and Sharon's done? Has there been any estimate on what this project will do to their taxes. Council suggested he contact the county regarding the effect of the improvement on property taxes. Mr. Davidson noted Sharon's is ready to go ahead, but ideally the three projects should be done together. The Fox Woods rezoning and preliminary plat will be heard by the Council on July 5, 1994. A resident asked if Mr. Smith has the permits for houses for Sharon's 2nd Addition. Mr. Haas stated he has preliminary plat approval, so he can grade. He has petitioned, along with Gary Gorham, for the improvements. Marla Hartfiel - felt if Hartfiel's Estates is not done now, it will cost even more in the future. Plus the interest rates are much lower than they were before. Mr. Davidson determined that if Hartfiel's Estates, Sharon's 2nd Addition, and Fox Woods were done under one contract, the cost per lot would be reduced by $300 to $400, estimating the assessment would be roughly $11,950 for utilities and streets. Those assessed for streets and storm sewers only would pay about $5,529 if all three areas are done as one project. Bob Pettit, 14595 Drake Street NW - asked several questions about the proposed assessments of the project. He asked if the residents in Hartfiel's will get to vote on whether or not they want the project or will the City make that decision for them at some time in the future. Mayor MCKelvey explained the policy has been to order projects only if more than 50 percent of the residents are in favor. If Hartfiel's is not ordered, Shirley's 2nd Addition will be done alone, which would include having to install sewer and water from Bluebird Street. Councilmember Jacobson stated his numbers now indicate 24 in favor, 21 against, and 11 not contacted, which is not a majority in favor in Hartfiel's Estates. Councilmember Knight was also concerned that apparently the residents were told the petition was not for or against the project but for a feasibility study only. Ms. Hartfiel - stated all property owners should have been notified of this meeting, so they should be here if they are interested. Jan Erickson, 1549 l46th Lane - changed her vote to a no. Council noted that clearly leaves less than 50 percent in favor. MOTION by Jacobson, Seconded by Perry, to close the public hearing. Motion carried unanimously. 8:26 p.m. Councilmember Perry noted the success in the past of allowing time for the residents, developers and City representatives to meet and discuss the issues. She suggested this item be tabled to allow the residents Regular Andover City Council Meeting Minutes - June 21, 1994 Page 8 (Public Hearing: IP94-6/Hartfiel's Estates, Continued) some time to think about the proposals and to meet with City Staff to review any issues and review other alternatives or cost-saving measures. One of the issues may be the developers sharing in some of the costs to get from the new development with the blacktop street. Mayor McKelvey stated he was approached by one of the developers who may be willing to contribute more toward the project, but the other developer is on vacation and he has not been able to discuss this with him. He, too, would like to see the item tabled. Councilmember Jacobson didn't think discussions would radically reduce the cost to the residents so that they would change their minds about the project; and he believed cost is driving this. with the petition at 24 yes and 22 no, he will vote against it; but he felt the residents are making an error. It will never get cheaper, and Bluebird will probably go in this year and be assessed regardless of what Hartfiel's does because the developer owns the majority of units along that stretch of road. Councilmember Dalien asked for a show of hands of residents present of those who would like to see the item tabled. Many residents raised their hands. There was some discussion with a resident along Bluebird, who suggested the developer should be made to pay for it since he is the one who wants it and will be using it. Garv Gorham, Developer of the Proposed Fox Woods Plat - stated he has not come forward because the rezoning and preliminary plat of Fox Woods have not been approved, but they did receive approval from the Planning and Zoning Commission last week. They are on the City Council agenda for July 5; but he is in a catch 22 by not being able to make a decision about this without knowing whether the rezoning and plat will be approved. He would be responsible for one-half of Bluebird Street plus those streets in Fox Woods that exit onto Bluebird. If his plat goes ahead and Hartfiel's Estates doesn't opt to have the improvements, he plans to make a proposal to pay more than one-half of Bluebird Street so it can be upgraded. Whether those assessments are put toward bringing down the assessments in Hartfiel's Estates or only the assessments on Bluebird is a decision of the Council. There are 71 lots in Fox Woods of 80 to 90 feet wide, all in conformance with the ordinances with many larger than the minimum requirements. Winslow Holasek - questioned if the developers are being required to contribute toward the improvement of the main roads to service their plats, would he then be required to pay for the improvement of Xeon Street when he develops his six acres that is adjacent to Fox Woods. That is a one-quarter mile stretch of road to service only a few lots, and he owns the property on the east side as well. The Council felt that is not the same issue as in this project and does not pertain to the matter at hand. The majority on the Council also determined this matter should be tabled for four weeks to allow the issues of Fox Woods to be determined at the July 5 meeting, after which the residents can meet with the developers and City representatives. Regular Andover City Council Meeting Minutes - June 21, 1994 Page 9 (Public Hearing: IP94-6/Hartfiel's Estates, Continued) MOTION by Knight, Seconded by Perry, that we table this issue until the second meeting in July or later if necessary. DISCUSSION: Councilmember Jacobson stated he will vote against the motion because he did not believe any discussions with the developers will change the proposed assessment enough to move the No votes of the residents. Several residents asked about the policy for hooking up to sewer and water. Staff explained there is no policy for water, but they are required to hook up to sanitary sewer if their septic system fails. Most people usually hook up to both utilities at the same time. Also, when selling a house, the lender may require the utilities to be hooked up. Motion carried on a 4-Yes, i-No (Jacobson) vote. 8:47 p.m. FEASIBILITY STUDY FOR SEWER AND WATER FOR THE PROPOSED SCHOOL SITE MOTION by Jacobson, Seconded by Dalien, move the Resolution ordering the preparation of the feasibility report for the improvements of trunk sanitary sewer and trunk watermain for Project 94-18 as presented. (See Resolution R129-94) DISCUSSION: Mayor McKelvey explained Staff has met with the School District regarding their plans for the new schools. They have said they have nothing to bring to the Council at this time because they aren't far enough along in their planning and negotiations. Attorney Hawkins stated they have made the School District aware of the concerns of the City Council of the School District setting the growth patterns, the costs of extending services for the schools, and a location for a new City Hall building. Several suggestions have been proposed to alleviate those concerns. Before there can be any further negotiations, the costs of extending the utilities must be determined, which is the purpose of the resolution. Motion carried unanimously. LICENSE RENEWALS/SALVAGE YARDS MOTION by Jacobson, Seconded by Dalien, that the City Council approve the following Junkyard License renewals for the period of July 1, 1994, to June 30, 1995: Anoka Auto Wrecking, Best Auto parts, Commercial Auto Parts, Mom's Auto Parts, Sandeen Brothers, Wilber's Auto Parts; and in addition, Andover Auto Parts with the condition that the screening requirements along Commercial Boulevard be installed by July 31, 1994. DISCUSSION: Council agreed the screening should not be required until there is specific direction on the possible purchase of the property by the City. Councilmember Jacobson CHANGED motion to: Amend on Andover Auto Parts with the condition that screening will be delayed until the City and the owners of Andover Auto Parts determine whether or not the property will be acquired by the City. If the property is acquired, the screening will not be necessary. If the property is not acquired, the screening will have to be put in within 30 days after the date when that is determined. Second Stands. Motion carried unanimously. Regular Andover City Council Meeting Minutes - June 21, 1994 Page 10 APPROVE BIDS/TANDEM DUMP TRUCK Frank Stone, Public Works Superintendent, reviewed the bids received for a new model tandem dump truck with plow, wing, sander and underbody plow. He recommended the bid from Boyer Ford be accepted, which is $99,243 as the base bid for the Ford truck, plus the alternate bids of $2,270 for the box lining - quicksilver, $958.50 for the Radio and tax, and $6,598.35 for the tax and license; total bid of $109,069.85. MOTION by Knight, Seconded by Perry, to approve the bid for the tandem dump truck as presented by Frank Stone. Motion carried unanimously. 1995 MSA STREET PROGRAM Mr. Haas reviewed the proposal from the Road committee to prioritize the 1995 MSA street projects as 1) Tulip Street NW between l6lst Avenue NW and l69th Lane NW; 2) Crooked Lake Boulevard NW between l33rd Avenue NW and Bunker Lake Boulevard NW; and 3) Ward Lake Drive NW between l7lst Avenue NW and l75th Avenue NW. MOTION by Perry, Seconded by Jacobson, that the Council concur with the recommendations of the Pubic Safety and Road Committees and prioritize for the 1995 MSA projects the No. 1 project, Tulip Street NW between l6lst Avenue NW and l69th Lane NW. Motion carried unanimously. SEPTIC SYSTEM DISCUSSION Mr. Carlberg explained he found that very few communities are requiring biennial inspections of on-site septic systems. The Metropolitan Council has only required this of communities requesting amendments to their Comprehensive Plans, and some cities have withdrawn those amendments, choosing not to require the inspections. He understood Inver Grove Heights is the only city requiring biennial pumping of on-site septic systems; and they have done so because they found the cost of requiring the inspections as costly as the pumping itself. The Council has a copy of their ordinance on this item plus a letter indicating some of the concerns they will be addressing. He stated the Council must decide whether to look at biennial inspections or at biennial pumping, either being acceptable to the Met Council. Andover agreed to this last year by changing the ordinance in order to receive additional MUSA expansion. The policy was to be implemented by January, 1994; however, the Met Council is aware of the difficulty in getting the program set up. In discussing the issues of biennial inspections versus biennial pumping and debating the need for the policy at all, the Council asked that Staff research: What are the requirements needed to become a certified on-site septic system inspector? What would the inspector be required to look for when inspecting a system that will satisfy the Metropolitan Council? What is the average cost of having an on-site septic system pumped? What is the expected cost to the resident if City Staff did the on-site inspections? Mr. Carlberg stated he will talk with the Met Council Staff about the concerns raised and bring the item back. ----~ -.---- Regular Andover City Council Meeting Minutes - June 21, 1994 Page 11 ROOFING STUDY REPORT Mr. Fursman reviewed the roofing evaluation done for the City Office Building and Fire Station #3/Public Works Garage. The estimate to repair both roofs would be $3,000 to $4,000. A complete re-roofing of the City Office Building would be between $35,000 to $50,000. The bulk of the repairs are needed on the City Hall building. The issue is whether to repair the roofs while the City Hall Committee is meeting and making progress or to wait until the Committee reports back. Council discussion noted the repairs will still be needed on the Fire Station/Public Works Garage regardless of the decision on a City Hall. Councilmember Dalien noted the City Hall Committee will be discussing the financing of a new City Hall with the Council on July 5, which has an impact on how they will proceed. Council agreed to table the item until that decision is made. MOTION by Jacobson, Seconded by Perry, to table this item until the first meeting in July. Motion carried unanimously. UTILITY BILLING PROPOSAL Councilmember Jacobson stepped down for this item because of a possible conflict of interest. Mr. Fursman stated Staff has talked with Anoka Electric on the proposal to have the City's utility billing done through Anoka Electric Cooperative's billing department. Staff feels such an arrangement would be beneficial for the City, though there are still a few items that must be resolved. MOTION by Perry, Seconded by Dalien, that we accept the Staff recommendation and contract with Anoka Electric Cooperative to read the meters and produce the invoices, and that Staff will continue working wi th Anoka Electric to be sure that the transition is a smooth one. Motion carried on a 4-Yes vote, I-Not Voting (Jacobson). Councilmember Jacobson returned to his Council seat at this time. SALARY ADJUSTMENT/PLANNER MOTION by Jacobson, Seconded by Perry, that the City Council approve the salary adjustment for the City Planner based on the document of June 21, 1994, as presented by the City Administrator. DISCUSSION: Mr. Sulander suggested the motion include taking $5,000 from the General Fund Contingency Account to pay for the additional salary. The 1994 budget estimated for overtime with the thought that overtime would be reduced as a result of the Code Enforcement Officer coming in. With all of the projects being handled by the Planner, that overtime has not been reduced and this increase in salary will require the additional $5,000 from the Contingency Fund. Regular Andover City Council Meeting Minutes - June 21, 1994 Page 12 (Salary Adjustment/Planner, Continued) Councilmember Jacobson ADDED to take $5,000 from the General Fund Contingency Account to pay for the additional salary. Second Stands. Motion carried unanimously. Mr. Sulander also noted he and the Building Official are recommending the status of the Building Department's second secretary be upgraded from temporary full-time to permanent full-time effective the first of July. In December the Council changed the status from clerk to secretary and from part time to full time for a six-month period. The current level of building will not reach as many building permits as last year, but it will be over the 330 permits budgeted. The Council noted the possibility of the City not receiving any or very little MUSA from the Metropolitan Council for next year, which would greatly reduce building in the City. Rather than change the position to permanent full-time with the possibility of having to eliminate the position if building activities decrease substantially, the Council agreed to extend the temporary full-time status of the position for six months effective July 1, 1994. MOTION by Dalien, Seconded by Perry, to so move Motion carried unanimously. 1995 BUDGET SCHEDULE The Council agreed to the following special meetings: Thursday, June 30 - Work Session for 1995 priorities, goals and objectives, 7 o'clock Monday, July 18 - Council Budget Study Session #1, 7 o'clock DOMESTIC ABUSE PROSECUTION PLAN Attorney Hawkins informed the Council that the Minnesota Legislature required each community to prepare a Domestic Abuse Prosecution Plan. He has complied with that mandate. The plan is what they have had in effect on a verbal basis. It is a problem in Andover. It basically involves fifth degree assaults against family members, primarily with incidents between spouses. In his opinion, spanking a child does not constitute fifth degree assault. No Council action was necessary. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Perry, approval of Claims as presented by Staff. Motion carried unanimously. ---- Regular Andover City Council Meeting Minutes - June 21, 1994 Page 13 Council recessed at this time to meet in closed session with the City Attorney on the Crown Point and Crown Pointe East Rezoning litigation issue, 10:10; reconvened at 10:30 p.m. CROWN POINTE AND CROWN POINTE EAST REZONING Council noted that the rezoning of the two proposed plats was denied earlier this year because of the negative influence it would have on the school district. Because the school district has successfully passed a referendum to alleviate the overcrowding of the schools, the Council agreed to initiate the rezoning of the properties. MOTION by Jacobson, Seconded by Knight, that the City Council authorize Staff to post legal notice in the public newspaper for rezoning of Crown pointe East and Crown pointe West, and to notify the property owners within 350 feet according to the standards necessary for rezoning, and the rezoning hearing to be held at the City Council meeting on July 5, 1994. (~ee ResQ'nt-io" R130 9A) Motion carried unanimously. ",:,,,,,,"'\-.d 7¡':/'N MAYOR/COUNCIL INPUT Bluebird Street - Councilmember Knight asked if the City has any provision for assessing feeder or collector streets differently, as those streets are used by everybody from other developments as well. Attorney Hawkins stated generally collector streets are MSA Streets. Otherwise it is the same as any other residential street. Oppose City Funding of Landfill Clean-up Efforts - Mayor McKelvey noted a letter from Outstate Mayors asking the City to support efforts to remove the cities from the payment of the clean up of landfills. Mr. Fursman stated he has drafted such a letter which the Council may sign. Council agreed to allow the Mayor to sign the letter on behalf of the Council. MOTION by Perry, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting was adjourned at 10:35 p.m. "~~ Marcella A. Peach Recording Secretary