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HomeMy WebLinkAboutCC September 20, 1994 CA. CITY of ANDOVER Regular City Council Meeting - September 20, 1994 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Presentation of Badges to Firefighters Presentation of Certificate/Jeff Keller Discussion Items 1. Award Sale/1994 Improvement Bonds 2. Assessment Hearing/94-4/14267 Round Lake Blvd. - 7:15 pm 3. Assessment Hearing/93-28/13828 Round Lake Blvd.- 7:15 pm 4. Assessment Hearing/93-29/13836 Round Lake Blvd.- 7:15 pm 5. Assessment Hearing/93-18/Pine Hills Addition - 7:20 pm 6. Assessment Hearing/91-16/159th Avenue - 7:30 pm 7. Assessment Hearing/91-5/Njordmark Dale - 7:40 pm 8. Assessment Hearing/92-25/University Avenue - 7:50 pm 9. Assessment Hearing/92-27/Commercial Boulevard - 8:00 pm 10. Assessment Hearing/93-9/Xeon Street Storm Sewer- 8:10 pm 11. Westlund Discussion 12. Repeal Ord. 71/Shoreland Ordinance 13. Woodland Meadows 2nd Addition Sketch Plan Staff, Committee, Commissions 14. Refurbish Engine #6/Fire Dept. 15. Adopt Resolution Consolidating Street Light Fees 16. City Hall Update 17. Hire City Engineer 18. Greater Andover Days/Andover, KS 19. Schedule Special Meeting/10-5-94 Non-Discussion/Consent Items 20. Award Bid/94-2/Woodland Ponds 2nd Addition 21. Award Bid/94-17/Quickstrom Addition 22. Release Escrow/pov's/94-24 23. Accept Feasibility Study/Order Public Hearing/94-27/14268 Woodbine Street NW 24. Approve plans & Specs/94-8/Foxberry Farms 25. Approve plans & Specs/94-l0/Jonathan woods 26. Approve plans & Specs/94-5/SuperAmerica @Hanson Blvd. 27. Accept Resignation/D. Delarco/park Commission 28. Appoint Chairman/Park Commission 29. Authorize Advertisement/Park Commission 30. Approve Final plat/Woodland Ponds 2nd Addition 31. Declare cost/Order Assessment Roll/94-24/pov's sports Bar 32. Accept Assessment Roll/Waive Hearing/Adopt Assessment Ro11/ 94-24/Pov's Sports Bar 33. Approve House Burn/Fire Dept. Mayor-Council Input Payment of Claims Adjournment -.- ---- - -~- ~------- -- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 20, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R220-94 awarding bid/IP94-2/Woodland Ponds 2nd and IP94-17/Quickstrom · · · · · · · · · · · · · · · · · · · 1 Release escrow/Pov's/IP94-24 · · · · · · · · · · · · · · · · 1 Resolution R221-94 accepting feasibility/ordering public hearing/IP94-7/14268 Woodbine Street · · · · · · · · · · 1 Resolution R222-94 approving plans and specs/IP94-8/Foxberry Farms . . · · · · · · · · · · · · · · · · · · · · · · · · 1 Resolution R223-94 approving plans and specs/IP94-10/ Jonathan Woods · · · · · · · · · · · · · · · · · · · · · 1 Resolution R224-94 approving plans and specs/IP94-5/SuperAmerica at Hanson · · · · · · · · · · · · · · · · · · · · · · · · 1 Accept resignation/D. DeLarco/Park Commission . · · · · · · · 1 Appoint T. Anderson Chairperson/Park Commission · · · · · · · 1 Authorize advertisement/Park Commission · · · · · · · · · · · 1 Resolution R225-94 approving final plat/Woodland Ponds 2nd · 2 Resolution R226-94 declaring cost/order assessment roll/IP94-24/ pov's Sports Bar · · · · · · · · · · · · · · · · · · · · 2 Resolution R227-94 accepting assessment roll/waiving hearing/ adopting assessment ro11/IP94-24/Pov's Sports Bar · · · · 2 Approve house burn/Fire Department/3519 l42nd Avenue · · · · 2 Resolution R228-94 approving change order #3/IP93-12/Hills of Bunker Lake 5th for water and sewer service to Pov's Sports Bar/IP94-24 · · · · · · · · · · · · · · · · · · · 2 Resolution R229-94 receiving feasibility/IP94-22/Crown Pointe E 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 PRESENTATION OF BADGES TO FIREFIGHTERS · · · · · · · · · · · · · 2 PRESENTATION OF CERTIFICATE/JEFF KELLER . · · · · · · · · · · · · 2 AWARD SALE/1994 IMPROVEMENT BONDS Resolution R230-94 approving sale of $1,140,000 GO Improvement Bonds, Series 1994C to Firstar Bank Milwaukee · · · · · · 3 Resolution R231-94 approving sale of $3,705,000 GO Temporary Improvement Bonds, Series 1994D to Dean witter Reynolds · 3 ASSESSMENT HEARING/IP94-4/14267 ROUND LAKE BOULEVARD Resolution R232-94 adopting assessment roll · · · · · · · · · 3 ASSESSMENT HEARING/IP93-28/13828 ROUND LAKE BOULEVARD Resolution R233-94 adopting assessment roll · · · · · · · · · 3 ASSESSMENT HEARING/IP93-29/13836 ROUND LAKE BOULEVARD Resolution R234-94 adopting assessment roll · · · · · · · · · 3 ASSESSMENT HEARING/IP93-18/PINE HILLS ADDITION Resolution R235-94 adopting assessment roll · · · · · · · · · 3 ASSESSMENT HEARING/IP91-16/159TH AVENUE · · · · · · · · · · · · · 4 Motion to table · · · · · · · · · · · · · · · · · · · · · 6 ASSESSMENT HEARING/IP91-5/NJORDMARK DALE · · · · · · · · · · · 7 Resolution R236-94 adopting assessment roll · · · · · · · · · 8 ASSESSMENT HEARING/IP92-25/UNIVERSITY AVENUE · · · · · · · · · · 8 Resolution R237-94 adopting assessment roll · · · · · · · · · 10 ASSESSMENT HEARING/IP92-27/COMMERCIAL BOULEVARD. · · · · · · · 10 Motion to table · · · · · · · · · · · · · · · · · · · · · · · 11 ASSESSMENT HEARING/IP93-9/XEON STREET STORM SEWER . · · · · · · · 11 Motion to table · · · · · · · · · · · · · · · · · · · · · · · 15 WESTLUND DISCUSSION . · · · · · · · · · · · · · · · · · · · · · 15 Motion to extend compliance to single family residence to November 30, 1994 · · · · · · · · · · · · · · · · · · · · 17 _~_.. ___"_ __"___ ______0._.·____ ---- Regular Andover City Council Meeting Minutes Table of Contents Page ii REPEAL ORDINANCE 71/SHORELAND ORDINANCE Motion to repeal Ordinance No. 71 · · · · · · · · · · · · · · 17 Motion to adopt new Shoreland Management Ordinance · · · · · 17 WOODLAND MEADOWS 2ND ADDITION SKETCH PLAN · · · · · · · · · · · · 18 STAFF/COMMITTEE, COMMISSIONS Resolution R238-94 consolidating street light fees into two billing districts with two separate fees · · · · · · · · 18 City Hall update/Special meeting of September 29 to interview architects · · · · · · · · · · · · · · · · · · 18 Hire City Engineer/Special meeting of September 29 to interview candidates · · · · · · · · · · · · · · · · · · 18 Greater Andover days/Andover, KS · · · · · · · · · · · · · · 18 Schedule special meeting/October 5 with North Metro Mayors Association · · · · · · · · · · · · · · · · · · · · · · · l8 REFURBISH ENGINE #6/FIRE DEPARTMENT · · · · · · · · · · · · · · · 18 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 18 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 18 -- -,. ----- ~ .--- ._--~-+---_. ~.-- --, ,,:'@""'" \ CITY of ANDOVER r\, 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755·5100 " REGULAR CITY COUNCIL MEETING - SEPTEMBER 20, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on September 20, 1994, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Knight, Perry Councilmember absent: Jacobson Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson Assistant City Engineer, Todd Haas City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others RESIDENT FORUM Mayor McKelvey announced the Planning and Zoning Commission will be holding a hearing on September 27 on an ordinance change on motor homes, junk cars, etc. AGENDA APPROVAL Add Item 34, Change Order #1/IP93-12/Hills of Bunker Lake 5th Addition to construct Water and Sewer Service for Pov's Sports Bar, IP94-24; Add Item 35, Receive Feasibility Study!IP94-22/Crown Pointe East. Mayor McKelvey asked for a motion to approve the Agenda as amended. MOTION by Perry, Seconded by Dalien, to so move. Motion carried on a 4- Yes, 1-Absent (Jacobson) vote. CONSENT AGENDA Item 20: Award Bid/IP94-2/Woodland Ponds 2nd Addition (See Resolution R220-94) Item 21: Award Bid/IP94-17/Quickstrom Addition (See Above Resolution) Item 22: Release Escrow/Pov's/IP94-24 Item 23: Accept Feasibility Study/Order Public Hearing/IP94- 27/14268 Woodbine Street NW (See Resolution R221-94) Item 24: Approve Plans and Specs/IP94-8/Foxberry Farms (See Resolution R222-94) Item 25: Approve Plans and Specs/IP94-10/Jonathan Woods (See Resolution R223-94) Item 26: Approve Plans and Specs/IP94-5/SuperAmerica at Hanson Boulevard (See Resolution R224-94) Item 27: Accept Resignation/D. DeLarco/Park Commission Item 28: Appoint Chairperson/Park Commission/To Anderson Item 29: Authorize Advertisement/Park Commission fY\~ ~o-o/ ~~e3I"\.. /o/Lfh'f - _.. - __0. _ _" _ _ ~_____ __.._~.__ Regular Andover City Council Meeting Minutes - September 20, 1994 Page 2 (Consent Agenda, Continued) Item 30: Approve Final Plat/Woodland Ponds 2nd Addition (See Resolution R225-94) Item 31: Declare Cost/Order Assessment Roll/IP94-24/Pov's Sports Bar (See Resolution R226-94) Item 32: Accept Assessment ROll/Waive Hearing/Adopt Assessment Roll/IP94-24/Pov's Sports Bar (See Resolution R227-94) Item 33: Approve House Burn/Fire Department/3519 142nd Ave Item 34: Approve Change Order #3/IP93-12/Hills of Bunker Lake 5th for Constructing Water and Sewer Service to Pov's Sports Bar, IP94-24 (See Resolution R228-94) Item 35: Receive Feasibility Study/IP94-22/Crown pointe East (See Resolution R229-94) Mayor McKelvey asked for a motion to approve the Consent Agenda as presented. MOTION by Dalien, Seconded by Perry, to so move. Motion carried on a 4- Yes, 1-Absent (Jacobson) vote. APPROVAL OF MINUTES September 6, 1994, Regular Meeting: Correct as written. September 6, 1994, EDA Meeting: Correct as written. September 12, 1994, EDA Meeting: Correct as written. MOTION by Perry, Seconded by Knight, approve the regular meeting Minutes of September 6 and the Economic Development Authority Meeting Minutes of September 6. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. MOTION by Perry, Seconded by McKelvey, the September 12 Economic Development Authority set of Minutes as presented. Motion carried on a 2-Yes (McKelvey, Perry), 2-present (Dalien, Knight), 1-Absent (Jacobson) vote. PRESENTATION OF BADGES TO FIREFIGHTERS Fire Chief Dale Mashuga and Mayor McKelvey presented badges to two firefighters who have completed their training: Jeff Larson and Doug Arndt. PRESENTATION OF CERTIFICATE/JEFF KELLER Fire Chief Dale Mashuga read a statement of Jeff Keller's heroic action on the scene of a personal injury accident on July 11, 1994. Mayor McKelvey presented a certificate to Mr. Keller thanking him for his heroic life-saving efforts on that scene. _____...__0_ _..___ .___~_____. . ~ __ Regular Andover City Council Meeting Minutes - September 20, 1994 Page 3 AWARD SALE/1994 IMPROVEMENT BONDS Bob Thistle, Springs ted, reviewed the bids received for the two bonds. The low bidder for the $1,140,000 General Obligation Improvement Bonds, Series 1994C issue was Firstar Bank Milwaukee, N.A., Oppenheimer and Company, Inc., for a total interest rate of 5.6111 percent. The low bid for the $3,705,000 General Obligation Temporary Improvement Bonds, Series 1994D issue was Dean Witter Reynolds, Inc., in conjunction with Painewebber, Inc., Prudential Securities, Inc., and Robert W. Baird and Company, Inc., for a total interest rate of 4.9263 percent. He recommended awarding the bids to both low bidders. MOTION by Knight, Seconded by Perry, approving the Resolution for the $1,l40,OOO General Obligation Improvement Bonds, Series 1994C to Firstar Bank Milwaukee, N.A., Oppenheimer and Company, Inc., for an interest rate of 5.611l percent. (See Resolution R230-94) Motion carried on a 4-Yes, l-Absent (Jacobson) vote. MOTION by Knight, Seconded by Perry, approving The Resolution for the $3,705,000 General Obligation Temporary Improvement Bonds, Series 1994D to Dean Witter Reynolds, Inc., in conjunction with painewebber, Inc., Prudential Securities, Inc., and Robert W. Baird & Company, Inc., for an interest rate of 4.9263 percent. (See Resolution R231-94) Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. ASSESSMENT HEARING/IP94-4/14267 ROUND LAKE BOULEVARD MOTION by Perry, Seconded by Dalien, to adopt the assessment for 14267 Round Lake Boulevard NW as presented on Project 94-4. (assessment of $5,512.39) (See Resolution R232-94) Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. ASSESSMENT HEARING/IP93-28/13828 ROUND LAKE BOULEVARD MOTION by Knight, Seconded by Dalien, the Resolution adopting the assessment roll for the improvement of watermain, IP93-28. (assessment of $3,187.92) (See Resolution R233-94) Motion carried on a 4-Yes, 1- Absent (Jacobson) vote. ASSESSMENT HEARING/IP93-29/13836 ROUND LAKE BOULEVARD MOTIONþy Perry, Seconded by Knight, the adoption of the assessment for Project No. 93-29 as presented. (assessment of $3,187.92) (See Resolution R234-94) Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. ASSESSMENT HEARING/IP93-18/PINE HILLS ADDITION MOTION by Perry, Seconded by Dalien, the Resolution for Project 93-18 for special assessments as presented. (assessment of 4,550 per lot) (See Resolution R235-94) Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. __ ___. - - __ - _"_. .____0.__.____ Regular Andover City Council Meeting Minutes - September 20, 1994 Page 4 ASSESSMENT HEARING/IP91-16/159TH AVENUE Tom Syfko, BRA, gave a summary of the paving project of 159th Avenue, noting the proposed assessment to each of the 15 benefitting lots of $5,880. The assessment is about 5 percent higher than what was presented in the feasibility study due to additional engineering and legal expenses in a questionable right-of-way situation in the first couple hundred feet of the project. Mayor McKelvey read into the record three letters objecting to the assessment from Margaret Kliber, Mr. and Mrs. James Evertz and Roosevelt and Lucy Gaines. Diane Kinnan, Lot 2 - had pictures of the ponding in her front yard. She opposed the assessment because the project has not increased their property values, but in fact has decreased the value. It is now a horrible problem. In addition, there have been allegations that their property doesn't even abut the road. Mr. syfko explained the project was basically taking aggregate surface roadway and adding a bituminous wearing course. They did not change the drainage as a part of the project and constructed no storm sewer. The high points or low points were not altered to change the grade. with the paving surface, the water ended up in the low area, the same as it had always gone. On the right- of-way issue, the roadway was hugging the north side of the right of way leaving about double the amount of right of way on the south side between the Kinnan property and the street. Ms. Kinnan - stated changes were made to the road, as it was built up in front of the Brenner property. There used to be a natural grade to the road with water running down hill. Plus the road is now bermed, channelling all of the water from a culvert that was run on Mr. Gaines property. All the water from the top of that hill, building up on both sides of the road, then is channelled via a culvert under the road into their property creating this problem. They questioned the berming of the road, which in fact creates more water coming into their property where there has never been a drainage problem before. They were also guaranteed by Shawn Gustafson that the swale would never overflow and would never come onto their property. And they were guaranteed there would be no standing water in the hole ever because there was no water prior to this. That hole has never been dry since the project. It is a swamp with cattails, frogs and snails. Their house is 1 1/2 years old, now with a drainage ditch across the whole length of the front which overflows with even a minimal rain. Mr. Kinnan - felt it completely downgraded their value with having to look at the swamp, rather than increased their value. Ms. Kinnan - stated in addition, grass was planted as a part of the project that has not grown. In contrast, the cable company came through this summer and planted grass wherever they dug it up, and that grass is growing. So now there are patches of grass where the cable company worked. They were also guaranteed by Bituminous Consultants that the hole would be graded to make it look presentable. It was never done. - _0- _ _ ___ 0_ __.__ Regular Andover City Council Meeting Minutes - September 20, 1994 Page 5 (Assessment Hearing/IP91-16/159th Avenue, Continued) She contacted the consultant, but they never returned her call. Mr. Syfko stated the contractor can be called back for any warranty work of that kind. In looking at the street plans with existing profiles and surface that the ware was added to, it basically follows quite closely to what was out there. He again noted the area that flows there now was the same as prior to the project. Mr. Kinnan - stated that is incorrect. There was never any standing water on that road whatsoever when it was a gravel surface, except in the spring before the frost was out of the ground. It was part of their yard that they maintained before this project. He went into some detail as to how the project has diverted extra water to the front of their lot creating the swamp. Their point is they are now taking on all of the water from the project, not the normal amount that came into their yard prior to the project. Mr. Syfko stated the problem with the grass can be addressed. He suggested he meet with the owners, contractor and City Staff on the site to look at the problem. Roosevelt Gaines - agreed the water never ponded in that area before. With the berm on the road, water is collected from the east and west into that swamp. Mayor McKelvey stated he was unhappy with the way the project was handled. He felt the contractor will have to be brought back to either improve the pond or find another way to drain it off. He'd like to see this resolved without additional expense to the neighborhood. Councilmember Knight stated if they didn't have a pond before, they shouldn't have one now. Mr. Haas stated the study done on this by Mr. Gustafson shows there was no change either under pre- existing conditions or after it was constructed. The Council has never required extensive storm sewer projects on the rural projects, so these problems will occur until the drainage is done correctly. Ms. Kinnan - disagreed, stating there should not have been a berm placed on the road. They even argued with the engineers on site that no curb was needed. Their pond is dug quite deep with one to two feet of water standing in it now. Mr. Haas stated with or without the berm, the low area is in front of the Kinnan yard and the water would have gone their any way. The pond was designed to handle the ten-year storm. Mr. Gaines - stated water used to run off the road into their pasture. with the berms, it is now all channelled into Kinnan's yard. Mr. Kinnan - agreed the low area is in their front, but he asked prior to the project that the berm not be placed to resolve the drainage issue. The area done east of their project has no berm, but now the standards have changed. Then he asked if the area in front of Mr. Brenner's house could be cut down somewhat to allow the drainage to go toward the river, but that was not done either. Mr. Haas stated they can look at that but the decision is who would pay for it. An option would be to do a separate storm sewer project with assessments. Roosevelt Gaines , 4877 l59th Avenue - was astounded that the City Council and engineers would let people build homes without having an .-- --- -.- - -....- .-.--------.-- ---- Regular Andover City Council Meeting Minutes - September 20, 1994 Page 6 (Assessment Hearing/IP91-16/159th Avenue, Continued) access. The people on the south side of the road had no access to their property, as he owns the property the road sits on plus six feet south of the road. Attorney Hawkins disagreed. The City's position is the City right of way does abut the property to the south because it has been maintained by the City for six continuous years. Mr. Gaines owns the underlying fee, but the City has an easement pursuant to a Statute which dedicates areas maintained for six continuous years by a community as a public easement. Marqaret Kliber - understands she owns land to the road, the road itself and ten feet on the other side. She's paid property taxes on that. An appraiser has told her because the City tarred about l/4 acre of her land, that took away $2,500 worth of her property value. It is her land and she has been paying property taxes on it. She stated the project has done nothing for her property value. Mr. Gaines - stated it is the same for him. He's paid taxes on that land plus the land across the street. Mr. Hawkins reported there never was any dedication of the right of way in a plat or formal easement granted to the City for 159th Avenue. By law, if the road is in existence and has been maintained continuously for over six years, it is deemed dedicated to the City for street and utility purposes. There are many, many miles of roads in Andover that are under that statute. They do own the underlying fee interest, so it does show up on their tax descriptions; however, the assessor would not place a high value on that portion, if any at all, because it is encumbered by the City's right for road. Councilmember Dalien stated normally the land is assessed as buildable parcels; otherwise they do not get too involved in the acreage of a parcel. Discussion continued on the drainage problem raised this evening. Mr. Syfko explained berm is added to rural roadways to lessen the impact on drainage. It would definitely be more costly to go with a full storm drainage project. They will meet with the contractor on site to see what can be done. Mr. Haas felt one solution might be to pipe it out the back of the Kinnan lot. He thought there was a lot of filling on that lot when the house was built to disturb the natural drainage. Ms. Kinnan - stated it is up hill to the back of their lot. When the first set of pictures was taken in April, she called Mr. Haas, who told her it was her builder's problem because the grade was not done correctly and that she should talk to Dave Almgren. She spoke to Mr. Almgren, who said it is impossible that the grade is wrong; it is Mr. Haas' problem. The Council and Mr. Syfko stated something will be worked out on that drainage problem. Mr. Sulander stated it would be possible to table the item for two weeks and still have time to certify to the county by the middle of October. MOTION by Knight, Seconded by Dalien, to table this until the first meeting in October. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. - --" "- -.- - . - - . - - ~ -- ..- -_. ---- Regular Andover City Council Meeting Minutes - September 20, 1994 Page 7 ASSESSMENT HEARING/IP91-5/NJORDMARK DALE Tom Barrett. 3384 178th Lane NW - objected to the assessments. This project was bid at the same time and done in conjunction with the 159th Avenue project. The road looks terrible aesthetically. He was told earlier in the spring by Frank Stone that he as going to demand that the road be sealcoated by Bituminous Consultants. He now understands that will not be done. There are a lot of cracks in the road that are in the same places as where they were in the old road, and he does not want to wait five to seven years before it is sealcoated. The general overall workmanship is shoddy. He was going to hold off on his appeal until he found out what would happen at this meeting. Attorney Hawkins advised he should submit a written objection this evening, which can be withdrawn at a later date if he chooses. Mr. Barrett - felt the problems on both roads were contractor related, that the City did not hire a good contractor. Jeff Weast. 3345 178th Lane NW - called the Mayor shortly after the road was finished saying it was a shoddy job with the sod, dirt on the road, etc. That was never cleaned until spring when the streets were swept. There are cracks in the road already. The tar does not look like a new road only one year old. He understood the tar came from two different companies, and it seems like cold tar was laid down. It is not a professional job. Charles Johnson 3385 178th Avenue - was also concerned with the unprofessional job that was done. There's a large seam down the middle of the entire road. The road itself is crooked, when it was his understanding that it was to be straightened out when the road was brought up to code. He was also told the road was to be sealcoated to bring up the general appearance to within specification. Mr. Syfko explained a course aggregate was used. He understood this was discussed and Staff has approved the road. MnDOT specifications are used throughout the state for paving, but it is a community standard whether the showing of the course aggregate on the surface is a cause for rejection. In some communities, Staff will demand a sealcoat; and sometimes the contractor will pay for it and sometimes not. There is a warranty built into the specs. He wasn't aware that the cracking is that bad. Councilmembers stated there should be no cracking at all after one year. If repair work or sealcoating is needed, the contractor should be required to do so. Mr. Syfko stated the specs can be changed to go to a smaller aggregate in the future to give a neater finish. He will have the contractor look at-this project. Residents present indicated they had no problem with the assessment if the road is repaired. Mayor McKelvey noted a letter of objection to the assessment from Thomas and Robin Barrett, 3384 178th Lane NW. - -- ... ---.- - --- .~--_.._--~ Regular Andover City Council Meeting Minutes - September 20, 1994 Page 8 (Assessment Hearing/IP91-5/Njordmark Dale, Continued) MOTION by Perry, Seconded by Knight, introducing the Resolution for Project 91-5 for assessments for the purpose of the street construction, the resolution as presented but with the understanding that there will be a report back to the Council by the Engineering Staff as to what is going to be done to correct the situation. (See Resolution R236-94) Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. ASSESSMENT HEARING/IP92-25/UNIVERSITY AVENUE Mayor McKelvey noted the proposed assessment of $l,OOO per lot with the exception of one lot, which is being assessed $2,000. He also noted the petition received from 11 residents of university Avenue appealing the assessment. Mr. Haas stated the proposed assessments are the same amount as was in the feasibility study started about 1 1/2 years ago. He acknowledged those residents on the southern end of University Avenue were not assessed for the street. The City changed the policy some time before 1991. The current policy is those costs not eligible from State Aid, such as overrun of engineering, storm drainage not eligible and attorney costs, would be assessed back to the property owners. This project came in under this policy. Kevin Bottineau, 15620 University Avenue NW - stated technically University Avenue was one whole project and should have been treated as such. The two cities could not come to an agreement as to how to use their funding, so Andover tarred half of it up to McGlover's property. Five years later the cities decide to finish the project, and these residents are being assessed but the others were not. And the residents on the southern end use the road just as much as those to the north. He felt the contractor was bad. He called numerous times to finish his driveway. They put the curbing in, and they decided the width of the driveways without asking the residents. They awakened the residents at 6 a.m. to get the cars out for three days. When he complained about the width of the driveway, the contractor cut it out, changed it; and now all of the new curbing is falling apart. That whole drainage on his end is being dumped onto his property, and the City never contacted him to pay for it. Mayor McKelvey stated the assessment policy was changed before he came onto the Council, and this project was handled by the engineers from Ham Lake. If there are problems, they can be resolved. Mr. Bottineau - stated part of the problem is the assessment, why some have to pay and others didn't. He felt if they are going to be assessed, it should be from Constance Boulevard to Andover Boulevard and be divided equally. Mayor McKelvey stated it is because of the change in the ordinance. Councilmember Perry noted this was specified and bid as a separate project. She didn't believe the other project could legally be assessed at this time. John Wilseig, Engineering Consultant for Comstock and Davis, explained the drainage for this project runs to the side of the road, into a culvert, and into a drainage easement on the Ham Lake side, eventually - .. _._ -0- _ ...._ ~__._..__.__. Regular Andover City Council Meeting Minutes - September 20, 1994 Page 9 (Assessment Hearing/IP92-25/University Avenue, Continued) going to a set of ponds and drainage ditches. It basically runs down the easement, not on private property. He noticed the water table in the area around Mr. Bottineau's was lower this year than last. The culverts were set as low as possible to satisfy the Coon Creek Watershed to control the water level. Since the culvert has been in, the water table has stayed relatively constant and never got as high as it was in 1992. The contractor has already been cited on that curb and gutter. Getting the driveway fixed is also on the punch list for the contractor. Josephine McGlover, 15155 University Avenue - stated her assessment is $2,000. Does she have to pay the two assessments from both cities, $5,000 from Ham Lake and $2,000 from Andover? Ham Lake defers their assessment for 20 years without interest. Mayor McKelvey explained half is assessed to Ham Lake and half to Andover since she has property on both sides of the road. Attorney Hawkins stated the assessment can be deferred, but it is with interest. Ms. McGlover - complained the retaining walls along the road are a disaster. She told them the wind would blow down all the trees, which is being done. Now the trees are laying on the wall, and they are being told it is their responsibility to get the trees off there. Kids are running up and down with dirt bikes and turn around in her yard. Horse riders ride up the wall and down to the field. With the grass being almost a foot tall now, who is going to mow it? They were told the City would do it. The curb is full of debris that hasn't been cleaned up from the storm yet. Ruben Erickson, 15486 University Avenue - was concerned that they are being assessed after having to put up with the dirt for five years before it was done. He gave some background on the southern project and the residents' opposition to a festival site on 112 acres across the street from him. It seems like a punishment from Ham Lake that they had to live with the dirt road for another five years and are now having to pay for it as well. At an earlier meeting it was his understanding that all property owners would receive the same assessment, but the McGlovers are being charged twice. Why? He felt that is very unfair, especially for someone who is on a fixed income. Mr. Haas explained the McGlovers own enough frontage to create two buildable lots. Shelia West, 15570 Universitv Avenue NW - was bothered because they were not called or given a choice on the width of their driveway. It is much narrower than other neighbors, so one almost has to stop before turning in or end up driving over the curb. She would like to have their driveway widened. Their pond is almost completely gone, so she knows the water level is lower this year. Also, she objected to the south end not having to pay anything for the road, but the north end does. Ron Sandford, 130 157th Avenue - asked if the assessment must be applied against a buildable lot, because he received a notice of assessment. Mr. Haas reviewed the records and stated Mr. Sandford should not have received a hearing notice, that he should not be assessed for this project because his property abutting University Avenue is not buildable. - ... _ ___0_ _ . _ .__ ~___h_ Regular Andover City Council Meeting Minutes - September 20, 1994 Page 10 (Assessment Hearing/IP92-25/University Avenue, Continued) Mr. wilseig again stated they intend to fix the curb and gutter that has begun to peel off. The walls at McGlovers were put up to save as many trees as possible. It was a very steep grade before the road was put in; and in order to provide the site distances required by State Aid, the grade had to be lowered. Without the walls, the trees would have been destroyed. He was not aware of how many trees had fallen down. He does not know what to do about the dirt bikes. Driveway widths were based on existing driveways. Ms. West's driveway was about 10 feet wide, and they set it at 12 feet. He can see about correcting it. They did not contact the property owners because the intent was not to improve the driveways but to leave them as they had been. The contractor has been reprimanded about not letting people know about blocking the driveway. The Council discussed the petition opposing the assessment because the southern portion was not assessed and why the policy was changed. It was the consensus of the Council that the policy is in place and cannot be changed at this time, so the assessment stands. Any corrections in the project itself are to be made by the contractor. MOTION by Perry, Seconded by Dalien, the Resolution adopting the assessment roll for the improvement of streets for Project known as 92- 25, University Avenue, as presented. (See Resolution R237-94) Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. Ken Orttel, 2772 Bunker Lake Boulevard - stated at one time there was a deferral for State Aid streets that stated anything that was subdividable was deferred for 15 years unless the property is developed; and at 15 years, it amortized down to zero. Staff suggested Ms. McGlover contact the City Hall tomorrow regarding a deferment of the assessment. ASSESSMENT HEARING/IP92-27/COMMERCIAL BOULEVARD Mr. Davidson provided the background for the project including the estimated costs given at the time of the feasibility study and the actual costs of the project. Of the total project cost of $1,183,145.72, $841,402.51 will come from TIF and State Aid funds and $341,743.21 are assessable costs. Jim Neilson, Attornev with Babcock Locher Neilson & Mannella, representinq Roqer and Darlene Streich - objected to the assessment. His clients do not own Outlot A, and they have only a portion of their property abutting Commercial Boulevard. With an assessment of $101,692.25 for only about 150 feet abutting the road, it seems apparent an error has been made. In addition, they are still in litigation with the City on condemnation of Mr. Streich's building. The road is only 10 feet from Mr. Streich's building; and according to the City Planner, any development of that property would automatically mean demolishing that 44' x 100' building. So the improvement doesn't increase but actually decreases the value of that property. The way the road was designed, ---- -----.- ~ ....~ ---~---_. ---~ ,., - ' - ."_ __..._______._ .-.._.0- Regular Andover City Council Meeting Minutes - September 20, 1994 Page 11 (Assessment Hearing/IP92-27/Commercial Boulevard, Continued) considerable fill was brought in; and the road is more than four feet above Mr. Streich's property with a block retaining wall built to prohibit access from his property to the roadway. Because Outlot A is not owned by Mr. Streich, he assumed the Acting City Engineer would agree to correct the assessment. He has also filed with the City a formal objection until that outlot is removed. He asked that the assessment hearing be postponed until the assessment roll can be corrected. Mr. Davidson explained at the time of the feasibility report, he understood there was to be a swap between Outlot A, owned by Mr. Emmerich, for a parcel to the south. He also explained the frontage determined for Mr. Streich's parcel is not actual frontage, but equivalent frontage computed on the total area of the parcel as full service sewer and water are available to it. He will check the calculations for the assessment on the Streich property again. In addition, the Council does have the option of deferring the assessments until the north/south road is done, which should be completed by next year. Only 25 percent of the actual cost of the improvements is being assessed to encourage commercial property to develop. Mr. Nielson - noted Mr. Davidson's comment to assess a higher amount of money will force development. Mr. Streich cannot keep his property if the special assessments are raised high enough, which is what Mr. Davidson is saying. He didn't think that should be done. Councilmember Perry understood throughout the discussions that this configuration and the extension of the sewer was because Mr. Streich had indicated his interest in dividing that property. Mayor McKelvey stated the property owner had talked about subdividing providing he got the money for selling the metal building, which the City said they would take and then did not. Attorney Hawkins suggested the item be tabled until the ownership of Outlot A can be researched and the assessment amounts checked. MOTION by Knight, Seconded by Perry, to table this item. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. ASSESSMENT HEARING/IP93-9/XEON STREET STORM SEWER Mr. Davidson reviewed the overall Xeon Street storm sewer project and explained this assessment is against the lots in Weybridge 1st and 2nd Additions which contribute to the Lake Andover storm sewer system. Assessments against the proposed Weybridge 3rd Addition are being deferred until the litigation on that property is completed. The area assessment of $0.04 square foot was established at the June 15, 1993, public hearing. All of these parcels were notified of the improvement at that time. Mayor McKelvey asked why this assessment wasn't levied against the developer at the time of the plat rather than place it against the property owners now. - - -. - . -. .., "-.- Regular Andover City Council Meeting Minutes - September 20, 1994 Page 12 (Assessment Hearing/IP93-9/xeon Street Storm Sewer, Continued) Mr. Davidson explained the project hearings which established this assessment did not take place until after the developments was completed. Mayor McKelvey pointed out Oak Bluff was given this assessment long before the developments took place south of Andover Boulevard. Mr. Davidson explained the watershed district is basically divided into two segments, and the first improvement hearing was for those areas tributary to the Bluebird trunk, Phase I, which comes into Lake Andover from the west done in 1987. This improvement relates to areas tributary to the Xeon Street trunk, Phase II, with those hearings held in 1993 after the Weybridge plats were done. There wasn't a project at the time the Weybridge developments were platted because that was outside of what was in the original Bluebird district. This encompasses a total system with ponds and pipes. As the pipes are being built, new areas are being assessed. This area still has a benefit to the system. Mayor McKelvey was annoyed that the storm sewer costs were not assessed at the time of the development rather than assess the new residents after they move in. Mr. Davidson went into further detail of how the entire storm drainage system evolved, changes that have been made since the original plan as a result of development, the negotiated agreement between the developer of Weybridge 1st with a neighboring developer so that no assessments were paid to the city for Weybridge 1st, and the inability to assess this area before now because it was outside of the MUSA and because the hearing for this portion of the project was not held until 1993. The drainage from all of the lots involved in this assessment eventually runs into Lake Andover. He explained the assessment was calculated by multiplying the total area to be assessed by $0.04, then dividing by the l8 lots, to come up with an equal assessment of $493.68 for each lot. Mayor McKelvey noted the petition from the residents along Xeon objecting to the assessment. Torn Porwoll, 1117 143rd Avenue NW - explained construction on his house was started in October, 1992, and was completed in March, 1993. He was under the impression that all of the assessments were paid. He doesn't understand how he can be assessed 1 1/2 years later for a storm system that he thought had been paid for. Why are the two lots charged for one-half of their lot because the back half drains toward the track, but the other three get charged on the entire lot when the front yards drain to 143rd. Mr. Davidson stated by reducing the amount by that portion that drains toward the tracks, everybody benefits from the reduced area. Marv Post, 14367 Xeon Street NW - was under the assumption that all assessments were paid when they closed on their house. She hoped in the future it will be known where the drainage will go prior to all the other land being developed in the area. Councilmember Perry explained the City Council has oversight over the projects; and if the there was an error in not charging the $0.04 cents, it was the fault of the Council. __H Regular Andover City Council Meeting Minutes - September 20, 1994 Page 13 (Assessment Hearing/IP93-9/Xeon Street Storm Sewer, Continued) Garv Misfeldt. 14353 Xeon Street NW - closed in August, 1993, and spent the last seven to eight days with his closer and the City Clerk. The developer is paying his assessment because he closed after the hearing. The City Clerk never told his closer there was a pending assessment against this as of June 15, 1993. He alleged nobody in their development was ever served a notice of the public hearing. He also noted nothing has been done other than to the north of Andover Boulevard. The storm sewer in the street was done over 2 1/2 years ago. It should have been assessed then when permits were pulled, not now after they are living there. He didn't understand how this can be charged when nothing was done and others lived there for considerably longer. He compared this to buying a car and then the dealer wanting more money after two years. Mayor McKelvey stated legally the only thing the City can do is assess the property; the City cannot go back to the contractor or developer. It would be up to the homeowner to take it back to the developer. Jerrv Winds chit I , Ashford Development - stated all of the storm sewer costs to get any of their water from all of the lots have been paid for. There are no unpaid assessments to drain any of the water from these lots. From the outlet at the creek, to Lake Andover, to these lots, all assessments were paid by either Mr. Hammel, Mr. Emmerich, or himself. These people are being asked to pay for a project that their water does not drain into, a project north of Andover Boulevard. He was insistent that the people across the street on Xeon did not pay $0.04 square foot for storm drainage. Councilmember Perry stated this was discussed in the past with all of the engineering data presented, and the Council made the decision to assess this area. She also theorized that not all residents were notified of the public hearings because homes were not built on the lots at the time of those hearings. Residents complained no one was notified of the public hearings, that they paid for assessment searches to be sure all assessments were paid, that they have documentation that the seller agrees to pay all special assessments and that they are not held liable for this assessment. Mr. Windschitl - stated none of the assessment searches showed pending or unpaid assessments on these parcels. He alleged the City is trying to assess these people for a project they have nothing to do with, for a project north of them that their water will never go into. Councilmember Dalien agreed everything was paid at that time, but that is not the dispute. This $0.04 square foot wasn't assessed then. This policy was adopted last year. Mr. Davidson agreed the laterals, catch basins, etc., going into Lake Andover were paid for by the developers. The area west of Xeon Street down to the bottom of the first quarter was included in the original storm sewer district studied in 1987. Everybody west of Xeon, including the street, has paid an area assessment. What Old Colony did not pay was deferred and assessed ultimately to Creek view Crossing levied in 1987. The area east of that line had never been assessed; and at the '-0 __..~_....__~__ _ _ ._.._ ~ -.... "'-'--" Regular Andover City Council Meeting Minute. - September 20, 1994 Page 14 (ASSessment Haerlng/IP93-9/Xeon Street Storm Sewer, continued) time of the hearing for the Xeon Street storm sewer, the intent was to levy an area assessment against those parcels that had boon developed but had never paid an area aesessment. The area aeeeS8ment is an area benefit in a~cordence with the project hearing in June, 1993. They are not paying for an existing system, but paying for something being added to the system that is protecting them from being flooded. Unfortunately, this came up alter this area wae already developed. Michelle Alrnnulst. 1093 l43rd Avenue - was shown II map where and how development would occur around her when she bought her house; ~ut the City didn't know where development was going to occur. She doeen't have a problem with her storm sewer system. She lives on a hill and didn't underetand how her yard would flood. She also argued she is not a part of Winslow Hills but is in Weybridge 2nd, nor does she live on Xeon. Torn Haoertv. 14485 Xeon Street - asked does the City hAve to let the property owners know of the improvement hearing that was held June 15, 1993. what happens if one is not notified? Mr. Davidson stated yes. There is a certified mailing list of who was sent notices which wOUld have to be reviewed. Attorney Hawkins explained nonreceipt of a hearing notice is no~ a baste for objecting to en aoeeø9ment. Todd Almquist. 1093 143rd Avenue - wondered why the proposed Weybridqe 3rd area is not being developed yet. He wondered why this cost couldn't be put against that parcel and spread Among all the lots in that development rather than force them to pay it. Mr. Davidson stated it is in Htlqe.tion. Mr. Breuckman - agreed with Mr. Almquist. There are at least 50 lote left in that undeveloped parcel, which would be an additional $l80 for each lot. Mr. McKelvey stated the City cannot do that. The developer could decide to do thet, but the City cannot force him to pay the assessments on these parcels. ' This charge has nothing to do with the next development. That development will pay its $0.04 square foot when it plats as well. This is An area charge to buy into the syetem. Mr. Breuckman - stated they closed on June 29, 1993, and his builder never told him of this pending assessment ordered on June 15. Shouldn't his builder have to pay that according to his legal documents? He felt this is a bad deal and leaves a bad imprsssion to the new homeowners. Kathv Doucette. 14469 Xeon street - had sent a letter to the Council objectinq to the assessment. She does not live in Winslow Hills, feeling that is an error in the notice sent out on September 9. Her purchase agreement stated the eeller would pay for all assessments. At what date wag tha evaluation for Weybridqe 1 completed for storm sewer? She is very unhappy that this was not shown as an outstanding assessment in their assessment search, and she didn't feel she should have to pay it. Mr. Davidson stated the hearinge for the first storm drainaoe plan were held in 1987. What ultimately developed from that was a split of the district into two phases, Bluebird and Xeon. The hearing for the Xeon Street portion was held on June 15, 1993. Regular Andover City Council Meeting Minutes - September 20, 1994 Page 15 (Assessment Hearing/IP93-9/Xeon Street Storm Sewer, Continued) Discussion continued with the residents as to what the project entails, further explanations of the charge of $0.04 square foot being the area assessment to buy into the system tributary to Lake Andover, and some proposals as to who should pay this assessment. Residents did not feel they would have been charged for this assessment if it had been charged to the developer as it should have been at the time of platting. Mayor McKelvey stated he had some questions he would like to research and asked that it be tabled for two weeks. MOTION by Knight, Seconded by Perry, to table this item. DISCUSSION: Council recessed at lO:32¡ reconvened at 10:40 p.m. Mayor McKelvey read into the record another letter objecting to the assessment from Chad and Jane Becker, 14327 Vale Street. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. WESTLUND DISCUSSION Virqil Westlund, 14183 Heather Street - presented a petition from neighboring residents agreeing with a variance to allow the Russian family to remain living with them until they can get a house built next spring. His church has sponsored the family, and their contribution was to provide a place for them to live until they could find permanent housing. when the family was on welfare, they received a rent allowance from the county, which they gave to him. It was only enough to barely pay the heat and electric bill. At this time he has two rent checks from the Onchanu family, though he has not cashed either one of them. He is not trying to use his home for financial gain. They have looked but have been unable to find an affordable apartment for a family of eight; and to require that now would put a financial burden on the family. Councilmember Perry suggested a reasonable period of time be set in which the family could be relocated. She also wanted it clearly understood by Mr. Westlund that rental property in a single family residential area is not allowed and is not acceptable. Once the Onchanu family is relocated, there would be no more double usage of the property. Mr. Westlund agreed. John Noard, 14216 Heather Street - presented a letter and pictures to the Council. He has lived there for 20 years. He feels sorry for the Russian family, but this was brought about from complaints from residents in the immediate area because of the mechanical work done in front of the house, cars taken apart and kept in the front yard for long periods of time, constant construction of the house, no driveway except for the last three months, etc. The issue of the family was only discovered when the Code Enforcement Officer responded to the other complaints. From the pictures it can be seen the Westlund yard is full of obstacles. One of the neighbors asked Mr. Westlund to clean up the -- -- -.- -.. ~ - .--. ...._,-_.--.-_. -- ' Regular Andover City Council Meeting Minutes - September 20, 1994 Page 16 (Westlund Discussion, Continued) back yard so it is more presentable to look at and was told the person licensing the day care has said he doesn't have to do anything in the back yard he doesn't want to do. He asked how would the Council feel if they saw that dirt pile every time they looked out their window, or how would they like to look at the pieces of cars sitting outside. The whole thing started with the visual blight and has now turned into a sympathy issue for the Russian family. He charged this is a boarding house. Larry Indy, 2949 142nd Avenue - agreed with Mr. Noard that it is a mess on the Westlund property. He related problems with other boarders of Mr. Westlund working on cars in the front yard. He also noted his letter to the Council and requested the residence be brought back to a single family dwelling. Llovd Wittacker, 2947 142nd Avenue NW - stated he talked with his neighbors at 2917 142nd Avenue who signed the petition for Mr. Westlund, and they were not told all of the information. After hearing it all, they have asked to have their name removed from the petition, as have the residents at 2916 142nd. No one approached the gentleman across from him; so he feels the people who signed the petition did not have all of the accurate information. It was his opinion that Mr. Westlund is living in an apartment house; as ever since the house was built, other people have been living there. He assumed they were relatives, but Mr. Westlund has said he started renting to college students after his children moved out. Two people from the Onchanu family have been on welfare, plus the county is paying for two people to go to school and two for housing. He felt the family could have rented some of the duplex housing along Bunker Lake Boulevard since Anoka County was paying for it. The people signing the petition do not have to live next to this residence; they just drive by the area. It has to change and the City's rules must be followed. In a year and a half the Onchanu's should have had some ability to find housing, as they do have family in the area. Mr. Westlund - explained the Onchanu family will be building their house in the spring and plan to do much of the work themselves. He was confident the mortgage will be approved and anticipated it will take several months to complete. That is the reason for the request of the one-year extension, as there isn't time to begin construction yet this fall. He stated the church has been looking very hard for housing for the Onchanu's this past month, but it is difficult to find housing for a family of eight. He admitted his place has not been in the best condition. He's now under construction adding a utility garage, so he had to dig out four feet of black dirt. It was stockpiled, and he is allowing others to take it free of charge if they wish. He just needs a small amount after his construction is completed. They built onto the day care facilities so it would all be downstairs. Their home is in the upper level which is now being used by the Russian family temporarily. He's not intending to make this house a permanent duplex. He felt he and the City can work together so he doesn't have to take alternative methods such as adopting the family. - -- --- _.- - Regular Andover City Council Meeting Minutes - September 20, 1994 Page 17 (Westlund Discussion, Continued) Mr. Wittacker - stated Mr. Westlund continually violates regulations of Andover, as he keeps borders with two private cooking facilities. He stated if anyone files for housing with Anoka County, the county will find them a place to live and will pay for it. Mr. Indv - stated it took Mr. Westlund about two years to get a garage door installed; and when it was installed, it was a used one. It didn't make the neighborhood look very good. Council discussed options regarding the Onchanu family. Mr. Fursman suggested a specific time frame be set and no extension given unless there is written proof that they have exhausted all efforts of the Anoka County or the request is being considered. The Council also specified that all other ordinance violations must be corrected. Mr. Westlund - agreed proof should be brought in, as the family has been looking for housing. He also noted he has a one-year permit on the current construction; but he could not guarantee the black dirt will be out of there even after the one year. There are many lots that have piles of black dirt with tarps over them. He guaranteed the pile will reduce in size, but it is no different than others having a tarp over their piles of black dirt. He needs one truck load of black dirt for his own use, and he hopes to be spreading it next summer. He disagreed that there have been others working on cars outside of the garage in past years. He is in the process of putting in a concrete driveway, but it has taken time because of lack of funds and his undergoing several back surgeries. Councilmember Knight argued that waiting for volunteers to clean the yard is unacceptable. People either clean it themselves or hire someone to do it. The neighbors cannot be blamed for not liking the mess or the cars in various stages of disrepair. The problem is these things are going on much longer than normal. MOTION by Perry, Seconded by Knight, that the time period within which the residents have been advised that it must revert to a single family residence be extended until the 30th of November of 1994, and that we accept the suggestion of the City Administrator that if Anoka County Social Services should advise that it is simply impossible to find housing for this family within that time frame that we would at that point consider extending the time. But at no point will the time be extended unless we get that kind of information that there simply is absolutely no alternative housing available. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. REPEAL ORDINANCE 71/SHORELAND ORDINANCE MOTION by Knight, Seconded by Perry, to repeal Ordinance No. n regarding shorelands. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. MOTION by Perry, Seconded by Dalien, that we adopt the Shoreland Management Ordinance as presented on September 6, 1994. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. - . Regular Andover city Council Meeting Minutes - September 20, 1994 Page 18 WOODLAND MEADOWS 2ND ADDITION SKETCH PLAN Mr. Haas reviewed the proposed sketch plan of Woodland Meadows 2nd Addition for 16 single family rural lots. Bvron Westlund, woodland Development - stated there will be a temporary cul-de-sac to the south where there are a number of smaller parcels. There is sod to the east. It is an 80-acre parcel, and they will be developing about 60 acres with 20 to remain with the homesite. The Council had no specific comments on the proposal. STAFF/COMMITTEE, COMMISSIONS Item 15: Adopt Resolution Consolidating Street Light Fees (See Resolution R238-94 using option 2, consolidating the street lighting utility billing fees into two billing districts with two separate fees for each district) Item 16: City Hall Update (Special Meeting set for September 29, 7:00 p.m. to interview three architects) Item 17: Hire City Engineer (Special Meeting of September 29 to interview two applicants following interview of architects) Item 18: Greater Andover Days/Andover, KS Item 19: Schedule Special Meeting/October 5, 1994 (With North Metro Mayors Association) MOTION by Perry, Seconded by Dalien, in the affirmative on Items 15, 16, 17, 18 and 19. Motion carried on a 4-Yes, l-Absent (Jacobson) vote. REFURBISH ENGINE #6/FIRE DEPARTMENT Mr. Fursman stated he and the Fire Chief agree that refurbishing Engine 6 at this time does not appear to be cost effective. It seems the best option would be to purchase a new truck in several years. Fire Chief Dale Mashuga suggested Engine #6 be patched up, and in two years use PIR funds to replace it with a new truck. In receiving estimates from truck manufacturers, he has determined it would be more cost effective to purchase a new one over the long run. He requested the monies allocated for the refurbishing of Engine #6 be set aside and put toward the purchase of a new truck. Mr. Sulander stated the 1994 PIR budget established $55,000 for this truck. If it is not spent, the Council can reserve it for the purchase of fire equipment in the future. After some discussion, the Council agreed to the recommendation. Mr. Sulander stated he will indicate that reserve in a Resolution to be acted on at the end of the year. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Perry, approval of payment of claims totalling $941,012.93. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. MOTION by Dalien, Seconded by Knight, to adjourn. Motion carried on a -Yes¡ 1-Absen~vote. The meeting adjourned at 12:00 a.m. pectfully s m1 edc~ Mar ~Ctl, Recording Secretary -- .-- --- -.- - .--- ..._-~,-_._-_. --- -