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HomeMy WebLinkAboutCC March 15, 1994 C}\ CITY of ANDOVER Regular City Council Meeting - March 15, 1994 Call to Order - 7:00 P.M. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public Hearing/93-23/Street Lights/Indian Meadows - 7:05 PM 2. Public Hearing/93-24/Streets/Indian Meadows - 7:15 PM 3. Public Hearing/9l-20/Streets/173rd, l74th, Heather- 7:30 PM 4 . Public Hearing/93-l8/Streets/pine Hills - 7:45 PM 5. Sheriff wilkinson 6. Approve Amendment to Development Contract Consent Agenda/Non-Discussion Items 7. Approve Refuse Hauler License Renewals 8. Award Bid/92-27/Commercial Boulevard 9. Accept Easement/9l-l0/Authorize payment 10. Request Speed Study/168th lane/Timber Meadows 11. Request Speed Study/Tulip Street 12. Approve Feasibility Report/93-30/Bunker Lake Blvd. Frontage Road 13. Accept Easement/Lot 16, Block 5, Hills of Bunker Lake 3rd 14. Approve Agreement/Outlot A, Emerald Glen 15. Option Agreement/Wasteco 16. Receive January Financial Statements 17. Approve Appointment/Public works Street Maintenance Mayor-Council Input Payment of Claims Adjournment - - -, ----.-..-.... - - --- ---~. -- --.-~-.--~ - --' REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 15, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Approve refuse hauler license renewals (Peterson Bros. Sanitation, Larry's Quality Sanitation, T & R Sanitation, Waste Management - Blaine, Woodlake Sanitary Service) · 1 Resolution R036-94 awarding bid/IP92-27/Commercial Blvd · · 1 Accept Easement/IP9l-l0/Authorize payment · · · · · · · · · 2 Resolution R037-94 requesting speed study/168th Lane/Timber Meadows · · · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R038-94 requesting speed study/Tulip Street · · · 2 Resolution R039-94 approving feasibility report/IP93-30/ Bunker Lake Blvd frontage road · · · · · · · · · · · · 2 Accept easement/Lot 16, Block 5, Hills of Bunker Lake 3rd · 2 Approve agreement/Outlot A, Emerald Glen . · · · · · · · · · 2 Receive January financial statements · · · · · · · · · · · · 2 Appoint Public Works Street Maintenance (I. Russell) · · · · 2 Approve house burn agreements (16614 and 16310 Round Lake Boulevard) · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING: IP93-23/STREET LIGHTS/INDIAN MEADOWS · · · · · · 2 Resolution R040-94 discontinuing project · · · · · · · · · · 3 PUBLIC HEARING: IP93-24/STREETS/INDIAN MEADOWS · · · · · · · · · 3 Resolution R041-94 discontinuing project · · · · · · · · · · 4 PUBLIC HEARING: IP9l-20/STREETS/173RD, l74TH, HEATHER · · · · · 4 Resolution R042-94 discontinuing project · · · · · · · · · · 5 AUTHORIZE SOLICITATION OF BID TO REFINANCE TIF BONDS, SERIES 1987A 5 Motion to authorize · · · · · · · · · · · · · · · · · · · 6 PUBLIC HEARING: IP93-l8/STREETS/PINE HILLS Resolution R043-94 discontinuing project · · · · · · · · · · 6 SHERIFF WILKINSON . · · · · · · · · · · · · · · · · · · · · · · · 7 APPROVE AMENDMENT TO DEVELOPMENT CONTRACT . · · · · · · · · · · · 8 Motion to continue to next meeting . · · · · · · · · · · · · 9 WINSLOW HILLS 3RD ADDITION BUILDING PERMITS · · · · · · · · · · · 9 Motion to extend deadline to next meeting and negotiate easements with Holaseks · · · · · · · · · · · · · · · · 11 OPTION AGREEMENT/WASTECO · · · · · · · · · · · · · · · · · · · · 12 MAYOR/COUNCIL INPUT Litigation issues · · · · · · · · · · · · · · · · · · · · · 12 Dumping of garbage · · · · · · · · · · · · · · · · · · · · · 12 PAYMENT OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 13 - ~---. -- - - - - -. - . - ~. ~-- ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 15, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on March 15, 1994, 7:02 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 BRA Engineer, Glenn Cook \ (1\ \ Ass ";.¢"5 -SprL,gðLed-Repres'ei<wt..i¥.&, Jim Casserly ~'t/s/91{ c~< y <> &..... <> ~<.'. Assistant City Engineer, Todd Haas City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others RESIDENT FORUM Garv Gorham, 3538 Mississippi Drive, Coon Rapids - is confused and angry over a letter he received from Attorney Hawkins a week ago today concerning the threat to stop issuing building permits in Winslow Hills 3rd 1\.ddition. He presented copies labeled Items 1-4 relating to this issue for the Council to review. Because of the complexity of the issue, the Council agreed to add it to the Agenda as Item 6b. AGENDA APPROVAL Add Item 6a, Authorize Solicitation of Bids to Refinance TIF Bonds, Series 1987A; 6b, Winslow Hills 3rd Addition Building Permits; and 18, Approve House Burn Agreements. Item 15 to be removed from the Consent Agenda and added as a discussion item. Mayor McKelvey asked for a motion to approve the Agenda as amended. MOTION by Perry, Seconded by Dalien, to so move. Motion carried unanimously. CONSENT AGENDA MOTION by Jacobson, Seconded by Knight, approval of the Consent Agenda: Item 7 Approve Refuse Hauler License Renewals for Peterson Bros. Sanitation; note that there is an addition to this item--add Larry's Quality Sanitation, T & R Sanitation, Waste Management-Blaine, Woodlake Sanitary Service Item 8 Award Bid/IP92-27/Commercial Boulevard (See Resolution R036-94) {'í\~ ~~ ~ "" 'f/s-Jc¡s ----- -~----_._~-'... - -~_. Regular Andover City Council Meeting Minutes - March 15, 1994 Page 2 (Consent Agenda, Continued) Item 9 Accept easement/IP9l-l0/Authorize Payment Item 10 Request Speed Study/168th Lane/Timber Meadows (See Resolution R037-94) Item 11 Request Speed Study/Tulip Street (See Resolution R038- 94) Item 12 Approve Feasibility Report/IP93-30/Bunker Lake Boulevard Frontage Road (See Resolution R039-94) Item 13 Accept Easement/Lot 16, Block 5, Hills of Bunker Lake 3rd Item 14 Approve Agreement/Outlot A, Emerald Glen Item 16 Receive January Financial Statements Item 17 Approve Appointment/Public Works Street Maintenance (Irwin Russell) Item 18 Approve House Burn Agreements (16614 and 16310 Round Lake Boulevard) Motion carried unanimously. APPROVAL OF MINUTES February 24, 1994, Special Meeting: Correct as written. March 2, 1994, Regular Meeting: Correct as written. March 2, 1994, HRA Meeting: Correct as written. MOTION by Knight, Seconded by Perry, approval of all three Minutes. Motion carried unanimously. PUBLIC HEARING: IP93-23/STREET LIGHTS/INDIAN MEADOWS 7:10 p.m. Mr. Haas reviewed the proposed project to install street lights in the Indian Meadows area. The cost per quarter for each lot would be $19.95 for the first five years. After five years the cost drops off, so the charge per lot would be reduced by $9.29 per quarter. Mayor Mckelvey opened the hearing for public testimony. He also noted the City received another petition from the residents indicating 16 of the 25 affected lots were opposed to the project. Steve Waterman, 4143 l55th Avenue NW - was under the impression the first petition was just to get an estimate of the cost, not that the hearing process would be started. He and his wife do not want the street lights. Bob Hanson, 15654 Dakota Street NW - didn't sign the petition for street lights, but he is against the project. He asked why the City has to pay Anoka Electric for computer and postage. He is against the lights. Mayor McKelvey explained the City handles the billing to the residents, then pays Anoka Electric. ---- -- - -"- . - ~ - ~ . - - ---- _. .A__ ., Regular Andover City Council Meeting Minutes - March 15, 1994 Page 3 (Public Hearing: IP93-23/Street Lights/Indian Meadows, Continuedl "",~.-d.~~ '/{ S' 'Is' Tom Struwve, 15597 Fox Street NW - is against the lighttng J They moved to Andover because there were no street lighting to.~~~¿~t~with. They are amateur astronomers, and lights would wipe out their ability to enjoy the sky. They don't need the lights burning while they sleep; and it has been proven that lights are no benefit in terms of reducing crime. If crime is an issue, he suggested alternate means be used rather than having street lighting. Given the requirements for the location of each light, there would be a minimum of two lights on his block, which is unacceptable because it doesn't benefit them. There being no further testimony, the Mayor asked for a motion to close the public hearing. MOTION by Perry, Seconded by Knight, to so move. Motion carried unanimously. Based on the Council's policy of requiring a majority of the residents to be in favor of a project to order it, and noting the most recent petition dated March 8, 1994, indicates a majority opposed to the lighting, Council agreed to terminate the project. MOTION by Knight, Seconded by Jacobson, that we drop further consideration of this issue. (See Resolution R040-94) Motion carried unanimously. 7:21 p.m. PUBLIC HEARING: IP93-24/STREETS/INDIAN MEADOWS 7:21 p.m. Mr. Cook reviewed the proposed project to construct the streets within Indian Meadows Addition. The project could be done in three different ways; 1 ) Roto-milled and overlaid with sodding for an estimated cost of $5,885 per unit or $5,650 for seeding in lieu of sodding; 2 ) Totally reconstruct the streets with sodding for an estimated cost of $7,700 per lot or $7,465 for seeding in lieu of sodding; or 3) Placing a paving fabric and overlaying with 1 1/2 inches of bituminous surfacing for an estimated per lot cost of $3,035. Mayor McKelvey opened the hearing for public testimony, noting a petition dated March 8, 1994, indicates 20 of the 25 homeowners are opposed to the project. Tami Berqe, 15538 Fox Street NW - was not opposed to the project but was shocked at the cost. When they signed the petition, they were under the impression they were just getting an estimate. They were extremely shocked at the cost, which amounts to about $100 a month. They simply don't have that kind of money. The roads do need some repair. They have heard that when City sewer and water come through, the roads will have to be torn up. Plus the development beside them will be opened, and they are concerned about the heavy equipment going up and down their streets. At the cost and assessed over five years, there is no way they can foresee being able to afford to fix the street in the future. Regular Andover City Council Meeting Minutes - March 15, 1994 Page 4 (Public Hearing: IP93-24/Streets/Indian Meadows, Continued) There being no further public testimony, the Mayor asked for a motion to close the public hearing. MOTION by Jacobson, Seconded by Dalien, to so move. Motion carried unanimously. Given the March 8, 1994, petition indicating a majority opposed to the project, the Council agreed to terminate the project. MOTION by Jacobson, Seconded by Dalien, that the City Council stop the project known as 93-24, Streets in Indian Meadows, for lack of support. (See Resolution R04l-94) Motion carried unanimously. 7:27 p.m. PUBLIC HEARING: IP91-20/STREETS/173RD, 174TH, HEATHER 7:27 p.m. (Councilmember Jacobson removed himself from the Council seat due to a conflict of interest) Mr. Cook reviewed the proposed project to improve the gravel streets of l73rd Lane NW, l74th Avenue NW, and Heather Street. The street drainage in the area is not completed, and there is considerable drainage that goes to the low area that is land locked. The street improvement would consist of four inches of gravel base and 2 1/2-inches of bituminous surfacing with the typical berm section. The estimated cost for each of the 17 lots would be $8,131 or $7,745 for seeding in lieu of sodding. The hearing was opened for public testimony. Bovd Barrett, 3047 l73rd Lane NW - stated they have been attempting to get gravel improvement on their road for several years, but they were told the only improvement would be blacktop. They have had only two loads of gravel in 20 years. When they were told the cost, they were shocked; as it is considerably higher than they were originally told. He didn't think anyone on their block could afford this. He has spoken to eight or nine neighbors in the last several days, and they would like to have some gravel put on the road so it is passable. They are against any type of blacktop for this price. Jan Bovee, 3023 l74th Avenue NW - took offense that the road was classified as a gravel road. It is a sand road. She has never seen the City put any gravel down except by the county road. On their own some of the residents have spread some gravel into the pot holes. Blacktop is not needed to improve that road; a little gravel would improve it considerably for the vehicles and busses. She is opposed to the blacktop, but some improvement is definitely needed. Mayor McKelvey asked for an indication of those residents who signed for the improvement in the original petition but who are now opposed. Lee Chesler, 3019 l73rd Lane NW - asked to change his vote to a no because it costs too much money. - -- --.-.. . - - -.. - ., Regular Andover City Council Meeting Minutes - March 15, 1994 Page 5 (Public Hearing: IP91-20/Streets/173rd, 174th, Heather, Continued) J. Knudson, 3155 l74th Avenue NW - asked to change his vote to a no as it is far too expensive for him to afford. Roqer Bvxbe, 3104 l74th Avenue NW - was concerned that the swamp where the water will drain will turn into a lake. His next door neighbor, who is unable to attend tonight, lives in the low spot and was wondering where that water would go. Mayor McKelvey stated the storm sewer would be designed to run to the pond. Robert Seel, 3103 l74th Avenue NW - voted against it, as the cost is way too high. Dave Fieldhammer, 3154 l74th Avenue NW - just moved in and did not sign the original petition. He is opposed because the cost is too high. Loren Skudlarek, 3122 l74th Avenue NW - stated it is a nice idea but too expensive. Alfred Ness , 3026 l74th Avenue NW - wants the improvement but not at this cost. The Council noted the petition now stands at 9 out of the 17 lots opposed to the project. MOTION by Perry, Seconded by Dalien, to close the public hearing. Motion carried on a 4-Yes, I-No Vote (Jacobson) vote. MOTION by Perry, Seconded by Knight, that the Council discontinue the project known as 91-20. (See Resolution R042-94) Motion carried on a 4-Yes, I-No Vote (Jacobson) vote. 7:36 p.m. (Councilmember Jacobson returned to his Council seat) AUTHORIZE SOLICITATION OF BID TO REFINANCE TIF BONDS, SERIES 1987A Mr. Casserly explained the City issued bonds in 1987 to finance one of the development projects. Those bonds have a number of years left, but the interest rates vary from 9.1 to 9.9 percent, with an average interest rate of 9.65 percent. Interest rates several weeks ago were between 6.5 and 7 percent. They have been looking at what can be done to refinance the bonds at a lower interest rate, and they feel the City can save between $140,000 to $213,000 on the bond issue, depending on the interest rate and how much of the expenses the City wishes to pay. There is $885,000 currently outstanding on the 1987 bonds; and the City could refund just that amount or include the interest, pre-payment penalty and cost of issuance, in which case the amount to be refinanced would be $975,000. He noted a five-page summary of the different proposals and comparison of four different approaches. Because the proposals are sensitive to the interest rate, Mr. Casserly asked for approval to negotiate to issue a smaller bond for the outstanding principal only to get a fixed interest rate as soon as possible, and that the City make a contribution for expenses from the existing TIF - --.- - --- Regular Andover City Council Meeting Minutes - March 15, 1994 Page 6 (Authorize Solicitation of Bid/Refinance TIF Bond, Series 1987A, Cont.) balance. There is adequate funding in the TIF fund to do this. If they can get the lower interest rate, the gross savings become fairly dramatic. He would bring back the results at the next regular Council meeting; however, the City is under no obligation to accept any of the negotiated offers. They would be looking at a private placement. MOTION by Knight, Seconded by Perry, to authorize the firms of Attorney Hawkins and Mr. Casserly to solicit and try to negotiate a refinancing bond for the series 1987A bonds. DISCUSSION: Councilmember Jacobson asked how the trustee fee is eliminated. He was also hesitant about making a decision without having the ability to study the information. Mr. Casserly explained only the trustee fee for the new issue is eliminated because it will probably be placed with only one purchaser. Attorney Hawkins emphasized the Council is granting them authorization to look into this and is not obligated to accept any quotes. Motion carried unanimously. PUBLIC HEARING: IP93-18/STREETS/PINE HILLS 7:48 p.m. Mr. Cook reviewed the proposed project to construct streets within the Pine Hlls Addition to a rural section with gravel shoulders. The estimated assessments for each of the 21 lots would be $5,585, or $5,310 for seeding in lieu of sodding. Mayor McKelvey opened the hearing for public testimony, asking for those who wished to change their vote from the original petition. Robert Rewev, 3470 159th Avenue NW - voted yes on the original petition, but voted no on the last petition. Mayor MCKelvey acknowledged the receipt of a new petition dated March 14, 1994, in which 13 of the 21 lots voted no, 5 voted yes, and 3 were unavailable. Rich SperL 15980 Narcissus Street NW - asked how many bids were received to get the estimated cost. He talked with a friend who had a street improvement two years ago, and the cost was between $3,000 and $4,000. Mr. Cook explained the costs are the engineers' estimates based on costs of last year's projects plus a 5 percent increase. The Mayor explained if ordered and the actual bid cost comes in 5 percent higher, the residents would be called back. Council again noted the most recent petition indicates a majority opposed to the project. MOTION by Jacobson, Seconded by Perry, to close the public hearing. Motion carried unanimously. MOTION by Knight, Seconded by Jacobson, that we discontinue any further consideration of project 93-18. (See Resolution R043-94) DISCUSSION: Councilmember Jacobson stated the notice to residents on all projects indicated a five-year payment period. Typically, street improvements have been assessed over ten years, and that could make a difference in how some residents would vote on a project. Why not make it a policy to say ten years in the letter to give them a more reasonable price? No decision was made on such a policy. Motion carried unanimously. 7:59 p.m. .. -6'- ! Regular Andover City Council Meeting Minutes - March 15, 1994 Page 7 SHERIFF WILKINSON Anoka County Sheriff Ken Wilkinson addressed the Council, first noting recent press reports concerning the investigation involving his wife. He has been in law enforcement for 26 years and welcomes a complete investigation. On the other hand he has an obligation as a husband and father to be supportive of his wife. He encouraged anyone who has questions to contact him, and assured the Council that this will not interfere with his professional duties, that he can still achieve the goals for the county as sheriff. Sheriff Wilkinson then provided the statistics of police activity in the City of Andover in 1993, noting a decrease in felonies, an increase in residential burglaries, a slight increase in commercial burglaries, a downward trend in sexual assaults, a slight increase in auto thefts, and drug enforcement and felony thefts remaining about the same. Homicides county wide was the highest since 1976, five of which were juveniles as perpetrators. None were in Andover. Andover saw an increase in patrol car activity from 6,093 in 1992 to 6,691 in 1993, which reflects the growth occurring in the community and the need for service. The number of motor vehicle accidents decreased from 240 in 1992 to 206 in 1993, but the number of traffic arrests went up considerably. Sheriff wilkinson also reviewed some of the other initiatives the Sheriff's Department is involved with in the county such as the Minnesota Fugitive Task Force, the installation of mobile data terminals in patrol cars, the proposed installation of photo imagining computers, and the DARE program. Mayor McKelvey commented the total calls in 1993 averages 4.5 calls per car per shift, which he did not consider excessive, though he realized averaging the calls is not reflective of what actually happens. Sheriff Wilkinson stated he will provide any information the City asks for. The county does not plot the locations of police activity; they just provide the information to the cities, and allow the community to track the activities. Councilmember Knight asked if the Sheriff's Department has pulled back on the Neighborhood Crime watch programs. Sheriff Wilkinson stated not at all, that the deputies regularly work with crime watch programs. Councilmember Jacobson had a concern about response times in general by the deputies to calls, and noted a specific incidence of an emergency where the deputies did not respond for a considerable length of time. Sheriff wilkinson noted there are times when both cars are on one call, so the other calls must wait. He couldn't comment on the specific incidents without researching them. If there are questions on a specific incident, he offered to check into the matter. Councilmember Jacobson asked about the cost of law enforcement per capita for Andover versus some of the other cities. Sheriff Wilkinson stated the data was derived from the county law enforcement levies of what Andover spends on law enforcement and the county-wide levy for other services. He noted that other cities that are smaller than Andover spent more per ..câpitû~ on law e~forcement. c~~ ;1'<1. ~~I 'II)' 'N Regular Andover City Council Meeting Minutes - March 15, 1994 Page 8 APPROVE AMENDMENT TO DEVELOPMENT CONTRACT Mayor McKelvey noted there was concern by several developers over the proposed amendments to the Development Contract. Garv Gorham, Gorham Builders - stated this evening was the first chance he had to look at the proposed changes. He felt that discussion, cooperation, and compromise are what is needed; and he asked that the amendment not be approved tonight to allow him and the other developers an opportunity to discuss this and bring back some recommendations in writing of what they may find acceptable and what would be difficult to implement. Steve Nash , Attornev representinq several developers - stated the developers are concerned about this proposal. He and a number of his clients were totally unaware of the specifics of the proposal until yesterday afternoon, and there hasn't been enough time to study the proposal and bring it to all of the developers. He stated a development contract is an agreement between the City and the developers; but if the contract becomes unworkable, the effect is pushing the developers out of the City. Mr. Nash was surprised there was no presentation by Staff this evening as to the concerns and basis of the proposal. Without that, it is difficult for them to respond because they do not know what the concerns are. He agreed with Mr. Gorham to allow the developers to meet with the City to address everyone's concerns. One concern of the proposed amendment is that a number of times during construction the plans change, which could then stop the project. Secondly, if the requirement is to be that everything must be finished before building permits are issued, then at a minimum the City should allow the developers to do their own utilities to get them done in a timely manner and so they have control over their costs. Now the developers are totally at risk for as long as the project will take. Again, they are asking for time to deal with those concerns and to have someone from the City tell them what their concerns are. Mr. Haas noted problems of a conflict with the City installing utilities and the developer trying to complete the grading. Specifically there has been a problem in pinewood Estates, as many lots are not being graded properly. Lots are being sold as wooded, when trees were to be removed as part of the drainage. Another problem involved a lot which was sold before it was graded properly with the required trees removed. He also felt it is unfair to penalize all developers for the problems of a few; and he would be willing to work with the developers to reach some compromise to resolve the problems. There was some discussion on whether increasing the amount of escrow would resolve the problems rather than make the changes proposed by this amendment. Several argued against that proposal, feeling it would not resolve anything since the houses would still be built with improper grading and the homeowners would be unhappy, coming to the City for restitution. After further consideration, the Council agreed to table the item to allow the City and interested developers to meet and reach a compromise to resolve the concerns of all parties. ~.. .. ..-- .-.--~---. ..-- Regular Andover City Council Meeting Minutes - March 15, 1994 Page 9 (Approve Amendment to Development Contract, Continued) MOTION by Jacobson, Seconded by Perry, that we lay the matter over for two weeks to allow time for the developers to provide us with written documentation on Items 1, 2, and 3 and the note at the bottom of the page of tonight's Agenda material; that documentation should go to Staff first for their comments on it also. Both the developers' comments and Staff comments be supplied to the Council at the next meeting so that we can have a discussion. DISCUSSION: Mr. Nash - asked the Staff to prepare a document telling the developers what the concerns are of Staff. Mr. Haas suggested the developers and their attorney plus Staff should meet to discuss the issue. Mayor McKelvey felt it would be easier to have everyone meet at City Hall one morning this week. It was agreed Mr. Davidson should also attend that meeting, as well as the Mayor. Councilmember Knight asked for a survey of surrounding cities as to what they are doing on this issue. Councilmember Jacobson agreed to add to the motion that Staff research other cities for what they are doing. Second Stands. Motion carried unanimously. WINSLOW HILLS 3RD ADDITION BUILDING PERMITS Garv Gorham, Gorham Builders - was confused by the letter to stop building permits in Winslow Hills 3rd Addition effective tomorrow. He reviewed information in the four items provided the Council which he felt proved that Mr. and Mrs. Holasek did meet the terms of the Development Agreement by granting the necessary easement for the construction of storm sewer down Xeon Street. First they took a lot of time working with the alignment of Xeon Street so it would work for both Mr. Holasek's future development and for the City. Then the Staff came back and asked the Holaseks to give an additional amount of temporary easement for construction, which was also given. The City has the necessary easements to construct the Xeon Street projects, so why should the building permits be stopped on Winslow Hills 3rd? The problem is the way the City's engineering firm has designed the project, additional easement is being asked from the Holaseks from their private residence. The Xeon Street project will not affect the storm sewer drainage in any of the Winslow Hills Additions or anything south of there; it only affects the Holaseks themselves. Mr. Gorham stated what is so frustrating is that three days before receiving this letter there was a meeting with all parties involved, and he felt a lot of progress was made at that meeting. He left the meeting with the understanding that Mr. Kelly of the Coon Creek Watershed was going to survey the drainage issue, and the engineering firm was to provide the City with a written report on the drainage. He hasn't been able to determine why this letter was written, but the result would adversely affect the professional home builders and those new residents moving into the City. He would like to see this issue resolved tonight. Regular Andover City Council Meeting Minutes - March 15, 1994 Page 10 (Winslow Hills 3rd Addition Building Permits, Continued) Mayor MCKelvey didn't think the letter was appropriate. He reviewed the effort that had been made to resolve the storm sewer issue with Mr. Holasek. In speaking with the Watershed attorney, engineering and administrator, they felt as he does that Mr. Holasek's personal property has nothing to do with the development. He also thought there were other ways of designing the storm drainage system to resolve the problem. Mr. Davidson provided the background on this issue, agreeing with Mr. Gorham that the easement provided by the Holaseks is sufficient to do the Xeon Street project. However, they feel it is important to address the concern of protection to the lOO-year flood on Mr. Holasek's personal property. Without the additional easement, if the Oak Bluff 1st pond rises above the flood elevation, water will run over the top of the road and possibly flood some of Mr. Holasek's personal property. To avoid that, they plan to raise Xeon two feet, just enough fill to keep the pond from overflowing in the 100-year event. They need permission to fill the road or to build a dike on the wetland to the west so it won't overflow. They are also asking that the wetland be dedicated. He understands Mr. Holasek's concern is the filling will stop the drainage from his driveway from going to the pond. They are asking that the easement be redefined so the pipe to the pond would be moved farther south than the original easement. Attorney Hawkins explained he was asked last Friday to discuss legal options as a result of this impasse with Mr. Holasek. In meeting with Staff, the consensus was that Mr. Holasek was not giving the necessary easement in order to solve this drainage problem. From a legal standpoint, he didn't feel the City should put in a project which results in leaving water standing on private property; therefore, the City must have those easements. Mr. Holasek has been unwilling to give the easements. He felt those easements are required under the terms of the Development Agreement and that withholding the building permits in Winslow Hills 3rd until the issue is resolved is the best way to handle the situation. They don't want to hold back building permits, but they don't want to litigate for damages if property is flooded and if that property is owned by the person who can resolve this situation. Discussion continued on what happened with regard to the signing of the Development Contract for Winslow Hills 3rd Addition and the exact verbiage placed in the contract allegedly after Mr. Holasek signed it. Mr. Gorham stated the page in the contract that was typed in by him was given to him by City Staff. Staff told him the numbers and verbiage to type in. He then took that page to Mr. Hawkins' office and gave it to one of the legal secretaries who was preparing the document. Winslow Holasek - also provided background on the storm drainage issues in that area, countering some of the statements of Mr. Davidson. He stated he gave the easement that was asked for by the City for the Xeon Street project, plus the temporary easement that was asked for at a later date. He told the engineers that raising Xeon Street two feet .. ,.- I Regular Andover City council Meeting Minutes - March 15, 1994 Page 11 (Winslow Hills 3rd Addition Building Permits, Continued) wouldn't work because it would bring the water to his place. His yard is one foot lower than the proposed street elevation. They would have to raise it half way back to his garage. In trying to clarify the signing of the Development Contract, Councilmember Perry stated that Mr. Holasek signed the contract knowing it was not complete, giving authority to Mr. Gorham to complete it. Mr. Holasek claimed there was a list of changes and that the amounts were to be put in; but it said nothing about additional easements. Mr. Gorham stated Mr. Holasek was aware of the easements for Xeon Street storm drainage project, and those easements were given. It is the additional easements the City is now asking for that is in question. Mayor McKelvey also read a letter from an Attorney representing Ashford Development putting the City on notice that it has no drainage easements on Weybridge 3rd Addition property. The fear is the sewer trunk line being constructed as a part of the Xeon Street project will drain to Andover Lake, which will not be able to handle all of the water. That water would then back up into Weybridge 3rd Addition. Mr. Davidson again stated the City has enough easement on Xeon Street to do the storm drainage project, and he agrees with Mr. Holasek about not wanting to flood his private property on the east side of the street. The additional easement is being requested to avoid any flooding problem. He also stated that this project will have no effect on the Weybridge 3rd Addition. The size of pipe is adequate because of the water from the upstream end of the watershed getting to the downstream end. He would have no problem if someone wants to contest their engineering. The debate continued, with some talk on the possibility of bringing in another engineer to analyze the storm water issue as it relates to Mr. Holasek's private property, further discussion on the signing of the Development Contract, Mr. Holasek's frustrations with the design of the storm water project itself, etc. MOTION by Jacobson, Seconded by Perry, that the City Council, referencing the letter from City Attorney Bill Hawkins dated March 8, 1994, which indicates a withholding of building permits seven days after the date of the letter, which would be March 15, the City Council extends that deadline by ten working days to allow a final attempt to settle the issue of the Xeon Street easements. Reference Item 6 in the Development Contract. If Mr. Holasek is not willing to grant the necessary easements to prevent the flooding of his land, whether they be given or paid for by the City at a reasonable price, that within ten days of the 15th of March that building permits be withheld from Winslow Hills 3rd Addition. DISCUSSION: Mr. Gorham stated at no time in the last several months did the City produce a description of the easements that the Holaseks are supposed to give, and now they are being asked to give those easements within ten days. Who is going to do all this? Attorney Hawkins stated drawing up the description of the easements will not be difficult and can be done within a few days. It is basically the strip along the west side of Xeon Street with a little connection. I Regular Andover City Council Meeting Minutes - March 15, 1994 Page 12 (Winslow Hills 3rd Addition Building Permits, Continued) There was still further discussion on the possibility of having an independent party provide an assessment of what is needed. Mr. Davidson stated if all the information that TKDA has accumulated is used, it should cost under $5,000. If they do the entire study, it would be between $15,000 and $20,000. They would be willing to provide all the background information. Mr. Gorham stated he would take care of the costs if that will help, provided the proper time frame is given in which to get the independent study done and provided they will not be held up on building permits. Mr. Haas then recommended extending the deadline to the first meeting in April, which will allow enough time for an attorney to draft a deed for the easement and have the City Attorney check it. Councilmember Jacobson changed the motion to change the 10 days, to move that to the next regularly scheduled Council meeting. Motion carried on a 4-Yes, I-No (McKelvey) vote. OPTION AGREEMENT/WASTECO Mr. Casserly asked several questions regarding the establishment of an Economic Development Authority. The Council agreed that the City Administrator would be the executive director of the EDA, that the Mayor would be the president, that the Mayor and City Treasurer now sign checks, that the officers of the EDA would be president, vice-president, secretary, treasurer, and assistant treasurer. Resolutions could not be adopted with less than three votes in favor. Meeting notices would be posted with the City Council agendas and held as needed on the same evenings as City Council meetings. Mr. Casserly stated he will draft the documents for the Authority for Council review prior to the public hearing on April 5, 1994. MAYOR/COUNCIL INPUT Litigation Issues - Attorney Hawkins briefly updated the Council on several matters of litigation or potential litigation. Dumping of Garbage - Councilmember Knight noted a problem of people regularly dumping garbage along the roads. Discussion was there is a $700 fine for the offense. Public Works does pick up the garbage along the roads. Regular Andover City Council Meeting Minutes - March 15, 1994 Page 13 PAYMENT OF CLAIMS MOTION by Perry, Seconded by Dalien, the Claims in the total amount of $194,438.37 on the disbursement lists of 3-8, 3-15, and 4-1. DISCUSSION: Councilmember Jacobson questioned the cost of the flashlights purchased by the Fire Department, feeling they were extremely expensive. It was agreed to pay the supplier but to caution the Fire Department for the need to be more careful in the cost of items being authorized. Motion carried unanimously. MOTION by Jacobson, Seconded by Dalien, to adjourn. Motion carried unanimously. The meeting was adjourned at 10:40 p.m. Respectfully submitted, -~ ~ ~ F:¿ Marc la A. Peach Recording Secretary .--.- - -~ -- " "