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HomeMy WebLinkAboutCC November 15, 1994 CITY of ANDOVER Regular city Council Meeting - November 15, 1994 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes proclamation/Home Care Week Discussion Items 1. Special USe Permit/Advertising Signs/Pov's Sports Bar 2. Storm Drainage Discussion/2215-145th Avenue N.W. 3. Assessment Discussion/94-18/Middle School EDA Meeting 4. Greenwood Graphics Discussion Staff, Committees, Commissions 5. Authorize purchase/4 Wheel Drive Tractor 6. Purchase 1-Ton Dump Truck/Parks Department 7. Purchase Cab & Chassis/Sign Department 8. Discussion/1995 Capital Equipment 9. Approve Draft/94-28/Park Bond Ideas 10. Amend 1994 Budgets Non-Discussion/Consent Agenda 11. Appoint Audit Firm 12. Transfer Construction Cost/Reimburse Improvements Unfinanced Funds 13. Approve Payment/93-7/Hakanson-Anderson 14. Approve Right-of-Way Plat/Bunker Lake Blvd. Frontage Rd. 15. Approve Revised Feasibility Report/93-30/Bunker Lake Blvd. Frontage Road 16. Release Escrow/Creekview Crossing Mayor-Council Input Payment of Claims Adjournment . . -. - .- CITY of ANDOVER Regular City Council Meeting - November 15, 1994 Minutes The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on November 15, 1994 at 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Councilmembers present: Dalien, Knight, Jacobson, Perry Councilmembers absent: None Also Present: City Attorney, William G. Hawkins; City Administrator, Dick Fursman; Finance Director, Daryl Sulander; Planning Director, Dave Carlberg; Assistant City Engineer, Todd Haas; Public Works Superintendent, Frank Stone Code Enforcement Officer, Jeff Johnson; others Resident Forum Winslow Holasek, 1159 Andover Boulevard NW asked why his engineer cannot get the calculations for drainage on the Xeon street storm sewer from TKDA. Mayor McKelvey asked the Administrator to call John Davidson and get the information to Mr. Holasek's engineer as soon as possible. Charles Veiman, 13646 Crooked Lake Boulevard NW requested that he be given a 4 year log of complaints received by City Hall. He stated that people are stopping him in the grocerty store to complain about the code enforcement policy the city has initiated. Dave Carlberg asked what the significance of 4 years is and why not ask for 5 years. Mr. Veiman requested that it be five years and that he would be at City Hall in the morning. Agenda Approval Add Item .10A, Approve Revised Grading Plan/Hills of Bunker Lake 5th Addition; and Truth in Taxation Notice for Clarification. MOTION by Jacobson, seconded by Perry to approve the agenda as amended. Motion carried unanimously. Consent Agenda Item 11. Appoint Audit Firm Item 12. Transfer Construction Cost/Reimburse Improvements Unfinanced Funds (See R287-94 and R288-94) Item 13. Approve payment/93-7/Hakanson-Anderson Item 14. Approve Right-of-Way Plat/Bunker Lake Blvd. Frontage Road Item 15. Approve Revised Feasibility Report/93-30/Bunker Lake Blvd. Frontage Road (See Resolution R289-94) Item 16. Release Escrow/Creek View Crossing . ~ I .../)1\~ ~ e>4..-- ð'" I~ /, "I<t Regular City Council Meeting November 15, 1994 - Minutes Page 2 (Consent Agenda, Cont.) MOTION by Jacobson, seconded by Perry to approve the consent agenda. Motion carried unanimously. Approval of Minutes Councilmember Jacobson asked that in the November 1, 1994 closed meeting minutes in the second paragraph from the bottom it should read "2-1/2" inches of blacktop instead of 2". Motion by Knight, seconded by Dalien to approve the Regular City Council meeting minutes of November 1, 1994 and the Closed City Council meeting minutes of November 1, 1994 as amended. Motion carried unanimously. Proclamation/Home Care Week Mayor MCKelvey read the proclamation and presented it to Bob Loftus, Metro Home Health Care Services. Truth in Taxation Notice Clarification Mr. Fursman noted that it was brought to the city's attention that the Truth in Taxation notices have an error in their calculations. When we first saw it, it appeared that we were going to have a 13.5% increase in the levy for 1995. The Council anticipated no greater than a 9% increase due mainly to the increase in road maintenance we're going to do in 1995. In speaking with the county, Mr. Sulander discovered that there was an error in calculating the Local Government Aid and with that error came the subsequent error in the notices and the notice that is going to the newspaper. The amount of increase that is going to show on each individual's tax statement for 1995 is exaggerated by 5.5%. Daryl Sulander explained that the gross levy calculated for our 1995 payable tax is $2,227,888. The certification form that the county revised this year didn't have a line to subtract the Local Government Aid from so he submitted it as the form was sent out, reducing the levy by the HACA as stated so the net certified proposed levy is overstated by the amount of our Local Government Aid which is to be subtracted from the levy spread by the county. This changes the tax rate that would be applied to the city's portion of the bill from 20.84% down to 19.81%. Based on the four values that the county supplied to the newspapers, Mr. Sulander used the same four values. The calculations, if your tax value didn't change from 1994 to 1995, would mean a 13.7% increase. With the reduction for the Local Government Aid the figures then drop down to an 8.1% increase which is a little less than the estimated target that the City Council had set. Special Use permit/Advertising Signs/Pov's Sports Bar Mr. Carlberg reviewed the request by Pov's Sports Bar to allow for the placement of advertising signs to be used in conjunction - .- Regular City Council Meeting November 15, 1994 - Minutes Page 3 (SUP/pov's, cont.) with fencing for 2 ballfields. The Planning Commission has recommended approval with conditions, the most significant being more vegetative screening. Councilmember Jacobson noted that the Planning Commission minutes reflect the dissatisfaction of people living in the back of the project with the signs on the 20' high fences. He felt they should only be allowed on the 8' sections of fence. Mr. Carlberg explained that the 20' sections are in the interior portion of the fields on the north side facing south. Barb Duerr, 13753 Partridge Street N.W. stated that she lives across the wetlands and didn't have a problem with the signs as long as mroe vegetation is planted. She asked that evergreens be planted so there is more foliage in the winter. MOTION by Perry, seconded by Dalien to adopt the resolution granting a Special Use Permit requested by Dick and Brad Povlitzki to allow for the placement of advertisement signs in conjunction with fencing for 2 softball fields at l851 Bunker Lake Boulevard as requested. Councilmember Jacobson stated that he is going to vote no because he feels it isn't good to have 20' high and 80' long signs in the city. He would agree to 8' high signs. Motion carried on a 4 yes, 1 no (Jacobson) vote. (See Resolution No. R290-94) Storm Drainage Discussion/2215 - 145th Avenue N.W. Mr. Haas explained that this item was requested by the property owners. Public Works and Engineering have discussed this with the property owners. The existing storm sewer has been cleaned recently and rip rap repaired which was done well and in accord- ance with the original plan approved by the city in 1987. There are several options to consider. However, there may be some wetlands that the city will need to deal with. In addition, this area is considered flood plain. Mr. Platz explained that this has been going on since 1990. Their backyards are flooding and the pond is draining into the soil and not into the creek. He didn't feel that a ditch is the answer. The second option as recommended by Mr. Haas is probably the answer (extend the storm sewer and construct a sedimentation pond prior to discharge into the low area of Lot 10). Mr. Platz stated that they are getting 100 year flood levels. Diane Dixon lives on Lot 9 and stated that the property is eroding underneath which makes it very unsafe. Discussion centered on option 2 and how it would be funded. The only possible solution would be to assess the costs to the property owners. It was noted that there may some environmental problems. ,- Regular city Council Meeting November 15, 1994 - Minutes Page 4 MOTION by Jacobson, seconded by Knight to ask the City Engineer and/or consulting engineer to look over the situation and come back with a cost estimate and also give us an accurate number of lots that would drain into this system. Councilmember Knight questioned whether we should contact the Coon Creek watershed District to see if they would be willing to participate. Motion carried unanimously. Assessment Discussion/94-18/Middle School Mr. Haas explained that School District 11 is requesting that we consider the assessable acreage as only those areas under development. Councilmember Jacobson questioned whether Ado1fson & Peterson can submit the request as they are not the property owners. Attorney Hawkins stated that it doesn't make any difference who the request comes from. Tom Dykhoff, Construction Manager, Adolfson & Peterson - noted that the areas to be excluded are the wooded areas that will be left undisturbed. The areas surrounding the wooded areas are going to be non-irrigated grass areas that will be left in their natural state. The dry ponding areas and wet ponding will be left untouched. These areas equal 9.81 acres which serve no purpose for the school. Discussion on the deferment of special assessments continued with Councilmember Perry stating that if the city defers the assessments on the 9.81 acres, it forces us to develop areas that are not in our plan. She wasn't interested in having the development of the city dictated by where the services are extended to schools. Dick Nybeck, School District #11 explained that they are only asking that the assessments be deferred on areas that will be left in their natural state. Mayor MCKelvey noted that some of our city buildings will be served with this line and he didn't see a problem with the request because in the long run there will be enough develop- ment to pay for the line. Councilmember Dalien stated that he spoke to one of the school board members who said that if we hadn't allowed all of the new home construction in the city the school would not be needed. He was in favor of the deferral for the school district. MOTION by Jacobson, seconded by Perry to deny the request for the deferment of 9.81 acres of sanitary sewer, water area and water connection charges as requested. Those costs should be spread across the whole school district and not only the City of Andover residents. Motion carried on a 3 yes (Perry, Jacobson, Knight), 2 no (Dalien, McKelvey) vote. - . Regular city Council Meeting November 15, 1994 - Minutes Page 5 Greenwood Graphics Discussion Jeff Johnson reviewed the request of Greenwood Graphics to purchase Lot 2, Block 3, Andover Commercial Park for the construction of a 10,000 square foot commercial building. The price of the lot is 55 cents per square foot, or $28,820.00, which does not include connection charges estimated at approximately $6.000. Mr. Greenwood would like to finance the land acquisition costs over a 2 year period and pay the connection charges upon issuance of a building permit. The payments would begin January 15, 1995 and construction of the building would be completed no later than January 15, 1997. It was noted that the soils corrections have been completed on this lot. Council discussed the 55 cents per square foot price noting that this is the figure we have been using for a long time. Mr. Carlberg stated that the first few lots sold for 65 cents per square foot. Councilmember Knight asked what would happen if Mr. Greenwood decides to sell the lot after the first two years. Mayor McKelvey suggested adding a provision that if that happens, Mr. Greenwood would sell the lot back to the city. Mr. Greenwood agreed to do so. Mr. Fursman suggested that Council move to deed the property to the control of the Economic Development Authority. MOTION by Perry, seconded by Knight that the City Council deed to the EDA Lot 2, Block 3, Andover Commercial Park. Motion carried unanimously. Councilmember Jacobsqn requested that the Economic Development Commission look at the 55 cent per square foot selling price to see if it is adequate. Mr. Greenwood noted that with the pollution in the area he would not want to be responsible for cleanup if a problem is discovered. Mayor McKelvey noted that the EPA has said the property is now clean. (Recess 8:50 P.M. - Reconvene 8:56 P.M.) Purchase of 4-Whee1 Drive Tractor and Mowers Councilmember Jacobson noted that the tractor and mower are more than what was budgeted, the l-ton dump truck and front plow (Item #6) is less and the 1-ton cab and chassis are less (Item #7). Combined they equal the amount that was budgeted with about $11,000 left over. Mr. Stone stated that he wanted to use the $15,000 that would be left over from the purchase of the cab and chassis to purchase a box for that vehicle and only purchase the tractor without the mowers. He was looking at buying the mowers in 1995. He didn't know if $11,000 would be sufficient to purchase the box. , , , ,- -- Regular City Council Meeting November 15, 1994 - Minutes Page 6 (Purchase of 4-Wheel Drive Tractor, Cont.) MOTION by Perry, seconded by Dalien to move in the affirmative, Item #5, the purchase of the 4-wheel drive tractor from Scharber & Sons for $38,686.00; in the affirmative Item #6, the purchase of the 1-ton dump truck from Superior Ford for $31,704.92 and in the affirmative Item #7, the purchase of the 1-ton cab and chassis from Superior Ford for $21,079.55 with the understanding that the excess monies that had been allocated for equipment purchases will go toward the purchase of a box for the 1-ton cab and Mr. Stone, as Public Works Superintendent, can come back to the City Council if $11,000 will not be adequate for the purchase of the box. Motion carried unanimously. Discussion of Capital Equipment Requirements Councilmember Jacobson noted that a Road Committee meeting was held prior to this Council meeting and it is recommended not to purchase the asphalt paver, roller and trailer. You subtract the amount of money set aside for those from the total which brings the total to $504,200. During the budget discussions, Counci 1 had discussed capital equipment bonding for next year. Council felt strongly about not increasing our bonding debt for capital goods, but taking the money from the bonds that will be expiring this year and rolling them over. Daryl Sulander has said that there would be approximately $547,000. The Road Committee recommendation is that we bond for that amount ($547,000) and of that money we allow bids to be let by Mr'cS~pne for the remaining items. The money that would be left over fretlld be used for the refurbishing of a fire truck. I ..l á. :>.f I "",. ~ , ¡., q<{ MOT I ON by Pe rry , seconded by Jacobson that we accept the recommendations of the Road Committee. Mr. Sulander stated that the issuance of the equipment certificates could be any time during 1995 and the first payments would be due in 1996. Motion carried unanimously. Approve Draft/94-28/Park Bond Ideas Mr. Haas explained that over the last 6 months staff has been working with the Park Commission on the parks that should be developed. The list as presented to Council was agreed to by the Park Commission. The next step is to get dollar amounts for the items for Council review. ,After that the decision whether to proceed with the bond will be made. The dollar amounts will be -broken down for each area proposed for development. Amend 1994 Budgets Mr. Sulander explained that the amendment before the City Council is several phased adjustments on the current operations for several of the city's operating funds, mostly in the general fund , ,- Regular City Council Meeting November 15, 1994 - Minutes Page 7 (Amend 1994 Budgets, Cont.) area. The general fund budget has been constructed based on certain levels of new home construction. Because the revenue is available, certain areas are asked to increase. Two of those areas are 2 staff cars that are in need of replacement and the water fund had higher than anticipated salary costs. In the PIR Fund the request of the fire department to refurbish Engine 6 has not been approved by the Council. It is requested that Council put that money in reserve in the central equipment fund for future fire truck replacement. Councilmember Jacobson questioned the difference in the two staff vehicles. Mr.Sulander noted that the Planning Department is proposing to purchase a car and Engineering is proposing a 4- wheel drive vehicle. The vehicles are purchased according to what's available through the state contract. It was noted that the last page shows vehicle replacement totaling $33,000 and in the general fund it shows $33,200. The adjustment will be made to reflect $33,200. MOTION by Jacobson, seconded by Perry to adopt the resolution amending the 1994 General Fund, permananet Improvement Revolving Fund, Water Fund, Sewer, Fund and Central Equipment Fund Budgets with the correction being made to show $33,200 for vehicle replacement in the Central Equipment Fund adjustments. (See Resolution R291-94) Motion carried unanimously. Revised Gradinq Plan/Hills of Bunker Lake 5th Addition Councilmember Jacobson stated that-the revised plan in not what was agreed to in the beginning. He asked if there will be wet basements if the water table goes up. Mr. Haas noted that Dave Almgren has said there could have been some lenses of clay that kept the water down. He is going to make sure that the house is not within 3 feet of the water table. Mr. Jacobson stated that he would feel better if TKDA or someone would review the grading plan. MOTION by Jacobson, seconded by Dalien to approve the revised grading plan for the Hills of Bunker Lake 5th Addition as requested subject to review by TKDA as to the suitability of the data and evaluation of where the water table actually sits and where it is likely to be in the next few years in relation to the basement elevations. Motion carried unanimously. Mayor-Council Input Councilmember Perry felt that the City Council needs to start paying more attention to the recommendations of the Engineering Staff and stop worrying ,about the costs to the developers. The initial cost may be greater but after the fact it would be more cost efficient. The developments in the city that we're going to see are going to be in marginal areas. . '-0 -- ,- Regular city Council Meeting November 15, 1994 - Minutes page 8 (Mayor-Council Input, Cont. ) Councilmember Knight would like to see the engineering staff err on the side of over-zealousness. He felt it is wrong to assess the new property owners and the developers get out of paying. He also asked if there had been any communication with Ham Lake regarding the police issue. Mr. Fursman said that there has been no communication as of this time. Mayor McKelvey asked if there has been any settlement on the lawsuit discussed at the last meeting. Mr. Fursman said there has been some action. Payment of Claims MOTION by Perry, seconded by Jacobson to approve claims in the amount of $305,772.24, that amount being the edit list #1 of November 8, 1994 and edit list #2 of November 15, 1994. Motion carried unanimously. MOTION by Dalien, seconded by Perry to adjourn. Motion carried unanimously. Meeting adjourned at 9:40 P.M. RZ,:ttz submitted, Vicki Volk, Recording Secretary . .. --. ~ . -- , - - ,