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HomeMy WebLinkAboutCC October 18, 1994 CITY of ANDOVER '1685 CROSSTOWN BOULEVARD NW,. ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular city Council Meeting - October 18, 1994· Order - 7:00 pm Resident forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items l. Public Hearing/94-27/14268 Woodbine Street N.W. 2. Approve Revised Grading plan/Foxberry Farms 3. Reconsider Revised Grading plan/Jonathan Woods 4. Award Bids/94-8/Foxberry Farms S. Award Bids/94-10/Jonathan Woods 6. Award Bids/94-5/SuperAmerica Trunk 7. Discussion/94-3/140th Lane/Steele 8. Variance/14555 Round Lake Blvd/Front Yard Setback Staff, Committees, Commissions 9. Snowmobile Ordinance Discussion 10. Hire City Engineer/Update 11. Amend Development Contract Discussion 12. TIF Map Reconfiguration, Cont. HRA Meetin¥ 13. Sale 0 Lot/Round Lake Boulevard Non-Discussion/Consent Items 14. Community Development Water plan proposals 15. Receive Bids/4 Wheel Drive Tractor & Mowers 16. Purchase of Underbody plow 17. Salvage Yard Purchase Update l8. Tutor Time Sketch plan 19. Reduce Letter of Credit/Special Assessments/Pinewood Estates 20. Release Escrows/Developer Improvements/Pinewood Estates 1st and 2nd 2l. Approve Final payment/93-11/Emerald Glen 22. Approve Final payment/93-5/Winslow Hills 3rd 23. Approve Street Light Installation/Commercial Blvd. & Hanson 24. Name Commercial Boulevard/92-27 25. Approve Change Order #1/93-9/Xeon Street Storm Sewer 26. Order plans & Specs/94-1/City Hall Park Complex #1 27. Authorize Consultant/City Hall Park complex 11 28. Approve payment/92-S/CSAH 7 & CRS8 29. Outlot B, Woodland Terrace/Designation as Park 30. Outlot B, woodland Terrace/Authorize Street Light 31. Approve Change Order 11/93-7 & 94-13 32. Adopt Ordinance Renaming 14Sth Lane to 14Sth Ave/Fox Woods 33. Schedule Meeting to Canvass Election Results 34. Approve Cigarette License/Non-Intoxicating Off-Sale Liquor License/SuperAmerica Mayor-CounciL Input pa~ment of Claims AdJournment , - . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 18, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Purchase of Underbody Plow (Rufridge Johnson, Supplier; and Falls Equipment Company, Installer · · · · · · · · · · · 2 Reduce Letter of Credit/Special Assessments/Pinewood Estates 2 Release Escrows/Developer Improvements/Pinewood 1st and 2nd · 2 Resolution R256-94 approving final payment/IP93-11/ Emerald Glen · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R257-94 approving final payment/IP93-5/Winslow Hills 3rd · · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R258-94 naming Commercial Boulevard/IP92-27 · · · 2 Resolution R259-94 ap~rovingchange order #1/IP93-9/Xeon Street Storm ,.'Sewt!"!,,-.'-."';.>o,. '",,,;,;,,,. " -. 2 · . . . . . . . . . . . . . . . . Resolution R260-94 approving,payment/IP92-5/CSAH 7 and CR58 · 2 Resolution R261-94 designating Outlot C, Woodland Terrace as park . · · · · · · · · · · · · · · · · · · · · · · · · 2 Authorize street light/Outlot C, woodland Terrace · · · · · · 2 Resolution R262-94 approving change order #1/IP93-7 & IP94-13 2 Adopt ordinance renaming 145th Lane to 145th Avenue/Fox Woods 2 Approve cigarette license/Non-intoxicating off-sale liquor license/SuperAmerica · · · · · · · · · · · · · · · · · · 2 Resolution R263-94 appointing election judges/general election 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 3 Motion to suspend rules · · · · · · · · · · · · · · · · · · · 3 PUBLIC HEARING: IP94-27/14268 WOODBINE STREET NW . · · · · · · · 3 Resolution R264-94 ordering improvement · · · · · · · · · · · 4 REVISED GRADING PLAN/FOXBERRY FARMS Resolution R265-94 approving revised Grading Plan · · · · · · 4 RECONSIDER REVISED GRADING PLAN/JONATHAN WOODS · · · · · · · · · 5 Resolution R266-94 approving revised Grading plan · · · · · · 6 AWARD BID/IP94-8-FOXBERRY FARMS;IP94-10-JONATHAN WOODS; IP94-5-SUPERAMERICA Resolution R267-94 accepting bids and awarding contract · · 6 DISCUSSION/IP94-3/140TH LANE/STEELE · · · · · · · · · · · · · · · 6 Motion to table item to allow tor discussions and to delay condemnation proceedings · · · · · · · · · · · · · · · · 8 VARIANCE/14555 ROUND LAKE BOULEVARD/FRONT YARD SETBACK Resolution R268-94 approving variance · · · · · · · · · · · · 8 SNOWMOBILE ORDINANCE DISCUSSION . · · · · · · · · · · · · · · · · 8 SALVAGE YARD PURCHASE UPDATE · · · · · · · · · · · · · · · · · · 9 COMMUNITY DEVELOPMENT WATER PLAN PROPOSALS · · · · · · · · · · · 9 Motion to accept proposal of BRA · · · · · · · · · · · · · · 11 BIDS/4-WHEEL DRIVE TRACTOR AND MOWERS Motion to reject bids · · · · · · · · · · · · · · · · · · · · 11 HIRE CITY ENGINEER/UPDATE Motion to hire based on City Administrator proposal for benefits · · · · · · · · · · · · · · · · · · · · · · · · 11 AMEND DEVELOPMENT CONTRACT DISCUSSION Motion authorizing Staff to prepare amendments to contract 12 TUTOR TIME SKETCH PLAN · · · · · · · · · · · · · · · · · · · · · 12 Regular Andover City Council Meeting Minutes - October 18, 1994 Table of Contents Page ii STREET LIGHT INSTALLATION/COMMERCIAL BOULEVARD AND HANSON Motion to approve · · · · · · · · · · · · · · · · · · · · · · 12 SCHEDULE MEETING TO CANVASS ELECTION RESULTS (Nov. 9, 7 p.m.) · · 12 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 13 TIF MAP RECONFIGURATION . · · · · · · · · · · · · · · · · · · · · 13 MAYOR/COUNCIL INPUT Duties of Code Enforcement Official · · · · · · · · · · · · · 13 Campaign Rumors · · · · · · · · · · · · · · · · · · · · · · · 13 Safety Concerns at Bunker Lake and Hanson Boulevard Intersection · · · · · · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 13 ."- -. -- .- --. - -.------ ~- - ... ,~ . '-- ~, .'<;'-'.''''- O·Oc._'"..__....._ ';,.,-_ /~' CITY of ANDOVER " . ,,' -, ~ ; j c,'\ .I... " 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 , , . REGULAR CITY COUNCIL MEETING - OCTOBER 18, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on October 18, 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 Public Works Superintendent, Frank Stone '~~~i.g-t'Eln~~,øi;£,y Engineer, Todd Haas City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others RESIDENT FORUM Richard Snvder, 16445 NW Vallev Drive - had a note from Jeff Johnson, Code Enforcement Official, to make sure all his vehicles were tagged or stored inside. He talked to Mr. Johnson and took care of the problem. A few days later, he received another letter to take care of the vehicles immediately, which made him angry because the problem was already resolved. He again called Mr. Johnson, who said everything was all right. Five minutes later the mailman comes with a note there is a registered letter. He went to the post office and paid $2.29 for another letter from Mr. Johnson on this issue. He expressed frustration as to why all the letters are being sent, the cost to him, wasting taxpayers money, when all Mr. Johnson would have to do is view his property again. Mayor McKelvey stated Mr. Johnson was hired to handle existing complaints, and he has talked to Mr. Johnson about that. Mr. Snvder - stated no one in his neighborhood complained about him. The Mayor stated he is not in favor of sending the registered letters. It would be simpler if he would just talk with the people about the problem, and that is what he has recommended. He will talk to Mr. Johnson again. Rosella Sonstebv - stated Mr. Johnson has viewed her property three times with binoculars, but she started watching him back with her binoculars. Now the Planning Commission was considering an ordinance allowing Mr. Johnson the right to go onto private property without the owner's permission. The people do not want this. She alleged that 80 percent of the employees do not even live in Andover and that they should harass the cities they live in, not Andover residents. Another resident stated he did not receive a letter but felt what is being done could create a hardship. This is not the City of Minneapolis with small lots. Some have 200 to 300 acres. They cannot afford to license all cars, mostly because insurance is also required in Minnesota. He suggested the ordinance be changed to reflect that hardship. ~~'<5">--III'/~'/ ___~_ __h __"_._.._. Regular Andover City Council Meeting Minutes - October 1, 1994 Page 2 (Resident Forum, Continued) Kathv Doucette, 14469 Xeon Street NW - requested a change in the October 4, 1994, Council Meeting Minutes on the resolution dropping any consideration for assessment to their area to more specifically identify the lots being referred to in Project 93-9 to avoid any confusion in the future. AGENDA APPROVAL Add Item 33, Appoint Election Judges for General Election. Remove from Non-Discussion/Consent '1 "tem!"<' -for discussion: Item 15, Community Development Water Plan Proposals; Item l6, Receive Bids/4-Wheel Drive Tractor and Mowers; Item 18, Tutor Time Sketch Plan; Item 23, Approve Street Light Installation/Commercial Boulevard and Hanson; and Item 31, Schedule Meeting to Canvass Election Results. Mayor MCKelvey asked for a motion to approve the Agenda as amended. MOTION by Perry, Seconded by Jacobson, to so move. Motion carried unanimously. CONSENT AGENDA Item 17. Purchase of Underbody Plow (Rufridge JOhnson, Supplier; and Falls Equipment Company, Installer; total price of $4,141.79) Item 19. Reduce Letter of Credit/Special Assessments/pinewood Estates Item 20. Release Escrows/Developer Improvements/Pinewood Estates 1st and 2nd Item 21. Approve Final Payment/IP93-11/Emerald Glen (See Resolution R256-94) Item 22. Approve Final Payment/IP93-5/Winslow Hills 3rd (See Resolution R257-94) Item 24. Name Commercial Boulevard/IP92-27 (See Resolution R258- 94) Item 25. Approve Change Order *1/IP93-9/Xeon Street Storm Sewer (See Resolution R259-94) Item 26. Approve Payment/IP92-5/CSAH 7 and CR58 (See Resolution R260-94) Item 27. Outlot C, Woodland Terrace/Designation as Park (See Resolution R26l-94) Item 28. Outlot C, woodland Terrace/Authorize Street Light Item 29. Approve Change Order *1/IP93-7 and IP94-13 (See Resolution R262-94) Item 30. Adopt Ordinance Renaming 145th Lane to 145th Avenue/Fox Woods Item 32. Approve Cigarette License/Non-Intoxicating Off-Sale Liquor License/SuperAmerica Item 33. Appoint Election Judges/General Election (See Resolution R263-94) ···...__0_.______ ____ Regular Andover City Council Meeting Minutes - October 1, 1994 Page 3 (Consent Agenda, Continued) Mayor McKelvey asked for a motion to approve the Consent Agenda. MOTION by Dalien, Seconded by Perry, to so move. Motion carried on a 4- Yes, 1-present (Jacobson) vote. APPROVAL OF MINUTES September 29, 1994, Special Meeting: Correct as written. October 4, 1994, Regular Meeting: Page 7, Motion by McKelvey, Seconded by Knight, to cancel the proposed assessment, reference properties of Weybridge, Block l, Lots l-l3; Weybridge 2nd Addition, Block 1, Lots land 2; Weybridge 2nd Addition, Block 6, Lots 1-3. MOTION by Perry, Seconded by Knight, approving both sets of Minutes, and ask that the information presented to us tonight on the October 4 Minutes be incorporated as presented into those Minutes. Motion carried unanimously. MOTION by Jacobson, Seconded by Perry, that we suspend the rules for this evening in order to allow those people here for items to have those items brought to the front so the public doesn't have to sit through a lot of Agenda items. Motion carried unanimously. PUBLIC HEARING: IP94-27/14268 WOODBINE STREET NW 7:18 p.m.Mr. Davidson reviewed the background of extending the watermain up Woodbine in 1992 at a cost of $4,211.80 per lot. Property owners are not assessed until they connect. Ms. Sonsteby owned three of the four lots on Woodbine at the time of the improvement. Two of them have been developed, and the last remaining undeveloped parcel is now being requested for water service. Based on the assessment rates established each year by the Council, the assessment for this parcel is $3,587.92. Rosella Sonsteby - stated when Bruce Hay owned the property that is now Meadows of Round Lake, he was told he would have to pay for all of the utility lines to come to it. She understood the utilities were to run down Vintage and 143rd, and that is when she petitioned to have it run down Woodbine. She thought that Nedegaard was to pay for all of that line. When she developed Rosella's Addition, she had to pay the full price of $6,800 for the lot adjoining Vintage. Ms. Sonsteby stated she will not appeal it, but she felt that when the party comes in for the building permit on Vintage, she should get her $6,800 back. She asked that the records reflect her request because she was told the developer has to pay all of the assessments and she wants that money back. Ms. Sonsteby also stated she paid the assessments in full on this parcel on August 23, 1994, and was told by the City Clerk the water was $3,563.29. She asked if she would have to pay the additional $24.64 because her name is Rosella. Mr. Haas explained the amount told to her in August was the 1993 rates; this assessment reflects the 1994 rates. Regular Andover City Council Meeting Minutes - October 1, 1994 Page 4 (Public Hearing: IP94-27/14268 Woodbine Street, Continued) MOTION by Jacobson, Seconded by Perry, to close the public hearing. Motion carried unanimously. 7:24 p.m. MOTION by Jacobson, Seconded by Dalien, the Resolution prepared by Staff. (See Resolution R264-94 ordering the improvement of watermain, IP94-27, for 14268 Woodbine Street NW, and directing preparation of final plans and specifications) Motion carried unanimously. 7:25 p.m. APPROVE REVISED GRADING PLAN/FOXBERRY FARMS .-iI. .~""";:"'.""~':"'.' _, Mr. Davidson explained in grading the property it was found the initial grading plan could not be done because there was not enough dirt on the site to balance the grades. They were about 10,000 cubic yards short. The developer's engineer asked that the plans be revised. Unfortunately, they were al~eady preparing the plans for bid for the utilities, so the revision resulted in about a week's delay in getting bids out. The grading changes were accommodated. The grading plan being brought to the Council is what the final plans are based upon. The changes have been made and the grading plans are acceptable as far as Staff is concerned. Councilmember Jacobson asked if it is normal practice to change plans or to stop and bring in extra dirt. At what point does one forgive for doing something they didn't get permission to do? He understood that minor changes should be accommodated, but he felt 10,000 cubic yards of dirt is not minor. Mr. Davidson stated they did not actually do the grading change until it was brought to his attention, which was between Council meetings. The problem is a combination of old and sometimes inaccurate topography maps and engineering mistakes. The discussion at the last meeting related to the next agenda item, but their concerns with starting the grading plans and getting all corrections and changes made before awarding contracts is important. It would totally disrupt the project if this grading change were not allowed. They are doing their best to accommodate the developers in accomplishing their tasks; and in some cases they may have been guilty of allowing it when they should have said they cannot do so. Councilmember Jacobson had reservations with having to approve such a major change that has already been done without input. Doesn't some of the four-foot grade changes affect the house pads? Mr. Davidson stated the house pads have been adjusted accordingly. Intersecting street grades have been steepened slightly, but not over three percent. MOTION by McKelvey, Seconded by Perry, introducing the Resolution as written. (See Resolution R265-94 approving the revised Grading/ Drainage/Erosion Control plan of Foxberry Farms) Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 1, 1994 Page 5 RECONSIDER REVISED GRADING PLAN/JONATHAN WOODS Mr. Davidson explained the original topography maps did not indicate that the existing home which faces Andover Boulevard has a walkout basement. The grading plan was to relocate the low area to an existing outlet pipe into Andover Lake to the east and the outfall storm sewer in the street. This plan does provide for walkout basements, but that was not the reason for the grading change. The change will provide drainage for the home in place that already is a walkout. It makes that area larger and deeper so the drainage is positive from the existing walkout to the north into the pond before discharging into Andover Lake. The change was more related, tQ the hydraulics and the existing walkout basement than it wa9,..to"'}\HIo~.pr<>v,ide. walkout lots. Steve Johnston , Enqineer, representinq the developer - explained the revised grading plan is the third one the City has looked at. The first plan they submitted was similar to this in many ways, and they were requested to eliminate the pond because it didn't have a proper emergency overflow. So they modified the plan to create what they thought would be drainage to Bluebird Street to the east, filling in the low area. When they got to the field, they found the topography maps were wrong; that in fact there was a walkout basement on the existing house. That forced them in the midst of construction to find a solution. They have basically gone back to the first plan with the pond because that was the only solution. The basement of the house is about the elevation of Bluebird Street, which makes it impossible to get drainage out of the area. In response to the emergency overflow, they have replaced a 12-inch outlet from the pond with a 21-inch pipe; so there is more capacity than what is needed to allow greater events to discharge from there and minimize the potential for flooding. All of these things have happened not to change things to be more advantageous for the developer, but rather to address the drainage concerns of the area. In order to make this work, he has had to purchase another lot and pay full retail price. In the price range the developer was anticipating, the walkouts are really a detriment instead of an attribute. They are not trying to get away with something; they are not trying to change things once they are in the field, but trying to react to unforeseen conditions as best they can. Mr. Johnston explained in most communities they work in, the Council doesn't normally accept grading plans. It is a Staff decision. To bring material from off site is about five times as expensive as working with it on the site. So it is always to the developer's advantage to keep the project costs reasonable and move the dirt within the site. Because this is a wooded site, they either had to take down trees to generate dirt or import. They chose to import dirt. Tom Bel tinq , developer - in viewing the tape of the last Council meeting, he wanted to clear up two misconceptions. To create walkouts with the style of homes they are anticipating in modified two-stories would mean creating a fifth level, which costs the buyer another $8,000. That is a make-it or break-it situation when buying homes in the ranges of $140,000 to $160,000. Secondly, they had a chance to take out many Regular Andover City Council Meeting Minutes - October 1, 1994 Page 6 (Reconsider Revised Grading Plan/Jonathan Woods, Continued) of the large oak trees to create walkouts. They made a decision to preserve the trees and keep the aesthetics. The comment was made numerous times at the last meeting they want to teach developers a lesson. He stated they run a tight ship. Builders they bring in will be signing a grading plan, plus they hold in escrow $1,500 to make sure the standards are met, and they hold $10,000 in an escrow bond. They will hold the builders accountable to the approved grading plan. MOTION by Perry, Seconded by Dalien, approving the revised Grading/Drainage/Erosion Control Plan of Jonathan Woods as presented subject to the parcel which is now outside of the plat be included in the final plat. (See ResGl~t0&~R26&~94) DISCUSSION: Council indicated the entire preliminary plat process does not need to be redone; simply add the additional parcel to the final plat. Motion carried unanimously. AWARD BIDS¡IP94-8-FOXBERRY FARMS; IP94-10-JONATHAN WOODS; IP94- 5/SUPERAMERICA TRUNK MOTION by Jacobson, Seconded by Dalien, the Resolution accepting bids and awarding contract for Project Numbers 94-10, 94-8, and 94-5 to the low bidder of S. R. Weidema, Inc., for $857,784.47. (See Resolution R267-94) Motion carried unanimously. DISCUSSION/IP94-3/140TH LANE/STEELE Mr. Davidson noted there was a low area to the east of the Hills of Bunker Lake 5th which drained into a low area in Mr. Steele's lot. Their design indicated they would construct storm sewer to that low area and establish a drainage easement over the defined wetland. His people met with Mr. Steele to discuss this and found that Mr. Steele was not particularly pleased with providing easements but preferred to sell it. So instead, they have secured easements from Mr. Emmerich on the easterly 15 feet of his property so water runs to the back of that lot, which will then be discharged into the same wetland. That wetland is going to be controlled within the plat of Crown pointe East through a storm sewer system constructed north of the lot. So the problem of easements across the property has been resolved. He is recommending they work with Mr. Steele to define the wetland and secure easements over that as permanent drainage. They have provided service to Mr. Steele for at least one lot. It is questionable whether there are one or two buildable 80-foot lots within the parcel he owns. Douq Steele. 643 140th Lane NW - owned the property in question for about 20 years. During the last meeting there was quite a bit of levity about this, which incensed him; but he then came to the conclusion that the Staff had not been forthright about what the problem is. Before Mr. Emmerich developed Hills of Bunker Lake 5th, he would end up with about a foot of water in the very low spot in a bad year before the frost went out. The rest would drain to the west. This spring, after Mr. Emmerich .. - . -. -- -- .-- -,---_. Regular Andover City Council Meeting Minutes - October 1, 1994 Page 7 (Discussion/IP94-3/140th Lane/Steele, Continued) was done with his grading, he had 12 feet of water and his woodpile was under water for the first time in 20 years. He contacted the City's engineer, who came out and said he would correct the problem. Nothing was done. He contacted Mr. Emmerich. Nothing was done. The Coon Creek Watershed District refused to return his phone calls. Mr. Steele stated he had about three lots there, but this area will become a pond because there will be anywhere from 6 to 8 feet of water by the time Mr. Windschitl gets done to the north. So he owns a pond, is paying taxes on a pond and will never be able to sell the lots. He felt the City, by allowing the grading and the fast-track development plus having bad topography maps has created a situation where he has a pocket which will hold the 100-year water supply on which he will pay taxes and not be able to sell. It is" öf""r1o...,,'t;t!"'''tt:r'11irt\'.~His woodpile has been under water at least three times this year so far. He thought this pond should become part of the City's ponding system. The developers who created the problem have established the lot prices; and that is what he based his proposal for purchasing that property. Ideally, he felt the developers should buy the pond; but realistically he didn't think they would, so the City should do so. He would rather not litigate this but carryon a discussion of what can be done with that one or one and a half acre of property that is under water because of the grading and development that went on around it. It is unfair for the City Council to allow a piece of property to be destroyed by oversight for the benefit of two developers who are going to get very rich off of the property they are developing. Mr. Haas has told him he saw this problem coming; but Staff didn't come to the Council. They allowed the grading and establishing of house pads to stop the drainage to the west. He would prefer to resolve this, but he is prepared to litigate this if necessary. Councilmember Jacobson recalled asking if water was being taken from the Hills 5th and drained outside the plat; and the answer was no. Mr. Steele stated he watched the last Council meeting and was incensed at the answer. It was stated that the water drained down 140th. The blacktop on 140th ended on his property, so there was no drainage from 140th nor from his neighbor's property. In a bad year in the lowest spot, the drainage amount to a foot of water. He never had 10 to 12 feet of water; his woodpile was never under water. About 80 percent of his property has been under water most of the summer. councilmember Jacobson stated more water should not be going in there now than went there before the developments. If it is extra water due to the two other developments, it should be up to the developers to handle their own water and the City should not be condemning anything. Attorney Hawkins noted the grading plan for Hills of Bunker Lake 5th has already been approved, so that cannot be changed. Mr. Davidson stated that pond and flooding of the woodpile will be controlled when there is the storm sewer outlet to the north, which is part of the drainage plan. They have not filled anything that was previously defined as wetland. It is already a defined wetland; and to protect it, the City should acquire it and make it the permanent pond. Attorney Hawkins noted that the City has acquired ponds outside of plats if it is a part of the overall drainage system. Mr. Davidson explained the storm sewer and Regular Andover City Council Meeting Minutes - October 1, 1994 Page 8 (Discussion/IP94-3/140th Lane/Steele, Continued) street surfacing will be assessed for those properties along 140th. The developer would be paying for the outflow from the pond, and they will be working on that design of the Crown pointe East through the winter. Councilmember Jacobson asked if more ponding can be created on the Crown pointe East property. If the City is dumping more water on Mr. Steele's property than before, then the City is in error. Mr. Haas was not sure the developer would be willing to do that. A revised grading plan would be needed. Mr. Davidson's crew could determine if there has been a change. Mr. Davidsòn suggested Staff meet with Mr. Steele and the two developers to see if something can be worked out. The Council agreed. MOTION by Jacobson, 's-et::tiittl~"¡;:y---~lien, to table this to the next meeting to allow that and direct the Attorney to hold off on any condemnation proceedings at this point. Motion carried unanimously. VARIANCE/14555 ROUND LAKE BOULEVARD/FRONT YARD SETBACK MOTION by Knight, Seconded by Perry, introducing the Resolution approving the variance request as presented. (See Resolution R268-94 to vary six feet from the 40-foot setback from a major arterial) Motion carried unanimously. John Maxwell, 14555 Round Lake Boulevard - asked for a return of the $75 variance fee. When the county purchased the easement, the original property owner was paid. He didn't even know the lot was nonconforming until he came in for a building permit; plus there is a good possibility his house will be taken when they widen Round Lake Blvd. in the future. Council explained the fee covers the City's cost of publication, holding the public hearing and Staff time. Since the public hearing was held, those costs have already been incurred. No further action was taken. SNOWMOBILE ORDINANCE DISCUSSION Mr. Haas stated in June, 1993, the Council took no action on the Snowmobile Ordinance to allow the snowmobile clubs to police and educate snowmobilers. Through the 1993-94 season, a number of complaints were received, noting a letter received from a property owner. The Mayor noted the number of complaints on snowmobilers were down over the previous year. Councilmember Jacobson felt that if there is to be a change, the public should be notified and input allowed. Councilmember Knight felt it is inappropriate to lump ATVs with snowmobiles. There is also a problem with the snowmobilers packing snow in the streets before plowing, which makes it difficult for the Staff to plow. He wondered if the snowmobile clubs could relate that information to their memberes. Councilmember Perry suggested the matter be monitored for another year and that the police officers be familiar with the regulations. The Council agreed to make no change for now; and if residents wish to see a change, they should petition for it. They also encouraged the snowmobile clubs to continue their education programs, recognizing if the problem gets worse, they may lose the privilege altogether. , Regular Andover City Council Meeting Minutes - October 1, 1994 Page 9 SALVAGE YARD PURCHASE UPDATE Mr. Fursman noted the appraisals for six salvage yards amount to approximately $1.5 million. The next step would be to meet with the attorney representing the salvage yards to go over the appraisals and to meet with the property owners individually to See if an offer would be acceptable to them. He and Attorney Hawkins have a meeting scheduled with their attorney this coming Monday. Attorney Hawkins noted the appraisal is for the land and buildings, not the businesses and cars. JoAnn Wilber, Wilber's Auto - stated the appraisal has her house at $50,000, which is how much she has put into it in the last five years. She felt there must be a lot more discussions with the owners. There is a lot of discrepancy and confusion. She was told at 5 o'clock tonight by Mom's Auto Parts that there is no way they would accept that offer. There are also many rumors going around, and she asked that the owners be kept informed. Attorney Hawkins stated he will be dealing with the attorney representing all property owners, and that attorney will keep them informed. He will not talk with individual property owners unless their attorney authorizes him to do so. The City is not necessarily accepting any of this either. Mr. Fursman stated his reports are just to keep the Council and the public updated as to what is going on with these proceedings. These are reports, not deliberations on anything that a property would not already be aware of. The meeting was recessed at 8:46 to hold an HRA meeting; reconvened at 8:48 p.m. COMMUNITY DEVELOPMENT WATER PLAN PROPOSALS Mr. Stone explained three proposals were received for professional services for the preparation of a Community Water Supply Plan and Wellhead Protection Plan. Because the proposals do not involve the same scope of work, Staff had not made a recommendation. John Davidson, TKDA - explained the Wellhead Protection guidelines have not yet been adopted and probably won't be for two years, and that is why they did not make a proposal for that portion of the Plan. Their bid reflects taking the plans through all agencies involved for approval, the DNR, the Met Council, and the State Board of Health. He did not think that could be done within three to six months. Their proposal calls for a plan specifically for Andover, not a broiler plate report. Vern Jacobsen, TKDA Environmental Department - stated they talked with the Health Department and found they have only enough Staff to work with ten to eleven communities in the State at one time. Because of that and without the guidelines finalized for the Wellhead Protection Plan, they did not include it in their proposal. Glenn Cook, BRA - explained their proposal is to prepare the Community Water Supply Plan and bring it through all the agencies for their Regular Andover City Council Meeting Minutes - October 1, 1994 Page 10 (Community Development Water plan Proposals, Continued) approvals. All indications are the guidelines for the Wellhead Protection plan will be adopted on January 1, 1995. Their proposal is to have Northern Environmental, a subsidiary of BRA, do that Plan. Mark Wallace. Environmental Services - explained the process they will use to prepare the Plans, including talking with Staff. He noted the City does have a good set of data already. He has had quite a bit of experience working with the Metropolitan Council and the DNR, serving on committees; so he has a good feel for what they want. They have already had a water supply plan approved by the Metropolitan Council. At this point they felt it might be best to'look at the Emergency Preparedness plan but that therewotll~'--M>t!I-·bè--;"à""~€d to have community involvement. Sheryl Corriqan, Environmental TechnoloGY - explained the Wellhead Protection Plan is a question of paying for it now or later. She has had discussions with the Health Department, which has indicated the guidelines will be finalized in January, 1995; and the Wellhead Management zone will be required by 1996. But there are a lot of other things that need to be done. Their proposal looked at the draft rules, which will be very close to the final, picking out all the different information items and analysis the City of Andover will have in order to get the Comprehensive Wellhead Protection Plan that will pass the Health Department. The proposal considers doing the entire project or piecing it if that is what the City wishes. In starting the Wellhead Protection Plan now, she did not think the City would be purchasing information or tasks that would not be needed in the future. The guidelines have been developed over the last two years; and with only a few months before they are finalized, she did not think there would be any major changes. The range in prices of their proposal is to provide flexibility for the City, including a total Well Protection Program for all of the wells. Naeem Oureshi. President, proqressive Consultinq Enqineers, Inc. - is familiar with the proposed rules for Wellhead Protection programs. He was a member of the advisory committee that worked with the Metropolitan Council and DNR. His firm has developed plans for Blaine and Lakeville, plus are working on plans for several other communities. Their proposal includes completing the plan and getting all approvals from the regulatory agencies. The rules for the Wellhead Protection are not final; but in his discussions with the Department of Health, he included in their proposal a review of the well test pumping data and using the EPA computer model to delineate the wellhead protection area. The Council determined that the TKDA proposal for the Community Water Supply Plan is an hourly rate not to exceed $15,800. In addition, the Inner Wellhead Management Zone and portion of Wellhead Plan required for developing the new Well No. 5 would be an hourly fee not to exceed $4,100, for a total of $19,800. The cost to do the Wellhead Management Plan for the existing four wells was not proposed because they were told it would be two years bef6re plans for the existing wells would be required and they could not get a commitment from the Health Department on when the plan would be reviewed and approved. The test well for the new well would be outside of this proposal. Regular Andover City Council Meeting Minutes - October 1, 1994 Page 11 (Community Development Water Plan Proposals, Continued) Council also determined that the BRA bid is $5,400 for the Community Water Supply Plan, with Northern Environmental doing the Wellhead Protection Plan for a cost of $24,160 to $34,160 depending on the amount of City and public input. The test well for the new well is typically done when the well is developed and is not included in this proposal. The PCA proposal is $6,900 for the Community Water Supply Plan plus $7,900 for the Wellhead Protection Plan. It does not included the proposed Well No. S because they were not aware of that need. Any additional meetings with Staff, City Councilor public meetings with the residents would be billed as additional services. There was a very lengthy discussion with the Staff and representatives of the three companies. Staff pointed out the need to have a plan done for the proposed Well No.5 which is to be drilled in 1995. The funding is proposed through the CDBG funds. Though it was felt that all three firms would do an adequate job, there is a difference of opinion as to the level of service to go with right now. Mr. Fursman preferred to have as much work as possible done as long as the funds are available and recommended accepting the most complete proposal, which is BRA. Representatives of BRA and Northern Environmental were agreeable to the proposal of $29,560, which includes the Community Water Supply Plan and the Wellhead Protection Plan for the existing wells and Well No. 5; and any additional meetings with the Council and/or the public would be approved by the Council at an additional hourly cost. MOTION by Knight, Seconded by Perry, that we accept the proposal of Bonestroo Rosene Anderlik and Associates and their subsidiary, Northern Environmental per the recommendation of the City Administrator, with the amount limited to $29,560 plus, at the Council's' discretion, additional public meetings at the proposed hourly rate. Motion carried on a 4-Yes, 1-No (McKelvey) vote. RECEIVE BIDS/4-WHEEL DRIVE TRACTOR AND MOWERS Mr. Stone asked that the bids be rejected. A mistake was made in the bidding process of Long Lake Ford, and he felt he would receive better prices if it were rebid. MOTION by Knight, Seconded by Jacobson, that we reject these bids as presented because the lowest bid is $25,000 over what was budgeted. Motion carried unanimously. HIRE CITY ENGINEER/UPDATE MOTION by Jacobson, Seconded by Dalien, that the City Council concur with the recommendation of the City Administrator on the position of hiring a City Engineer and authorize him to proceed based upon his presentation. DISCUSSION: Mr. Fursman stated the engineering candidate has verbally agreed to this proposal. Motion carried unanimously. - -- -- -"- ~ . -~ .- -_. .-- Regular Andover City Council Meeting Minutes - October 1, 1994 Page 12 AMEND DEVELOPMENT CONTRACT DISCUSSION Mr. Fursman explained the recommendations to limit MUSA expansion internally to 200 acres per year and to make several amendments to Development Contracts to allow for orderly development that can be adequately handled by the present Staff without having to hire additional people. Councilmember Perry asked if it is normal for the Council to be reviewing and approving grading plans of developments. Mr. Fursman thought as long as the Council feels comfortable doing so, they should continue that practice. It provides another level of review to avoid future problems. Mayor McKelvey felt the amendments would be good if the City had land available for development; but with the 800 acres of MUSA expansion st~l~-questionable, there is little other land available. Councilmember Knight felt after the legislative session, there will be more pressure upon the Metropolitan Council to keep development inside the cities and limit growth in the outlying areas, which directly affects Andover's expansion. MOTION by Jacobson, Seconded by Perry, that the Council authorize Staff to prepare an addition to our policy manual as shown in Items 2 and thereafter on the memo that we have in front of us tonight, and that we schedule some discussion time at a later date, but not too late, to discuss any MUSA expansion and how that would be handled in the future. Include when Staff has the draft document, that it be shown to the area developers for any comments they may have before we adopt it. Motion carried unanimously. TUTOR TIME SKETCH PLAN The Council raised some concern with the number of driveways to the service road and with the substandard lot. Mr. Haas stated the accesses and buildings are controlled by the Andover Review Committee. If the parcel is split, agreements will be needed between the various parties on the access issue. The Planning Commission suggested the developers provide a drawing indicating what type of building can be constructed on the parcel to meet the requirements. If they cannot, Staff would probably not recommend approval of splitting the lot. Councilmember Jacobson was not against the day care center, but he questioned approving a substandard lot. Other Councilmembers shared the same concerns. No Council action was needed. APPROVE STREET LIGHT INSTALLATION/COMMERCIAL BOULEVARD AND HANSON MOTION by Jacobson, Seconded by Dalien, to approve installing a street light at the intersection of commercial Boulevard NW and Hanson Boulevard NW. Motion carried unanimously. SCHEDULE MEETING TO CANVASS ELECTION RESULTS The Council agreed to meet on Wednesday, November 9, 7 p.m., to canvass election results. -. .._~ ._-_.~.-. -_. Regular Andover City Council Meeting Minutes - October 1, 1994 Page 13 APPROVAL OF CLAIMS MOTION by Perry, Seconded by Dalien, the approval of Claims in the amount of $729,861.84. Motion carried,unanimously. Mr. Sulander noted a claim from List 1 exceeded the $5,000 limit authorized the Treasurer; but to avoid paying a penalty, it was released in advance of approval. Council agreed. TIF MAP RECONFIGURATION Mr. Fursman noted this is not urgent, but it should be discussed before the first of the year. councilmember Jacobson commented he was not in favor of including so much of the City in the TIF area, but recommended only two sections along the Hanson Boulevard corridor. He feared with too much of an expansion, the~e would be other requests for the TIF funds, when they wèrè~'dl!h~-t'c;-r'-''hše in the junkyard area. Council agreed to discuss this at one of the November meetings; and if that is not possible, to schedule a special meeting for November 29. MAYOR/COUNCIL INPUT Duties of Code Enforcement Òfficial - Councilmember Jacobson disagreed with the Mayor's direction at the beginning of the meeting that this employee was to handle complaints only. He thought the Council had expressed the wish that he also actually look for violations from the public right ,of way. Mayor McKelvey noted the calls received because of the use of binoculars, including complaints of window peeking. Councilmember Knight questioned the use of binoculars by a City official under any circumstances. Mr. Fursman explained the new policy whenever property is to be examined is the Official will knock on the door of the property owner and identify himself. If they are home, to advise him/her of the potential problem and to ask for permission to look at the vehicle in question. If they say no, he will inform the occupant that he will use the binoculars to identify whether or not the tabs are current. If no one is home, he will not trespass on the property. Councilmember Jacobson understood the Mayor's actions, but suggested in the future if he is to change policy, that he inform the Council as soon as possible. Campaign Rumors - Mayor McKelvey stated he was asked publicly by his opponent if it was a conflict of interest to have the school district buy his property. The district has written a letter stating they had picked the location before contacting the Mayor about purchasing it. Another conflict-of-interest issue was that because he works for Kottke Bus Company one hour a day, they received a discount on their assessment. This was not the case, as they paid the same percentage of the assessment as all the other property owners in the project. Safety Concerns at Bunker Lake and Hanson Boulevard Intersection - Councilmember Jacobson noted this dangerous intersection and the large number of people who go around turning cars ~n the wrong side of the road. He requested the Sheriff's Department start ticketing people who are doing that. The Mayor agreed to pass this along to the Deputies. MOTION by Perry, Seconded by Knight, to adjourn. Motion carried unanimously. The~as adjourned at 10:50 p.m. \~~ ,'t:~l Marce ¡P A. Peach, ecording Secretary . . ~ .., -. ... - .- . - ,.