HomeMy WebLinkAboutCC April 18, 1995
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CITY of ANDOVER
Regular City Council Meeting - April 18, 1995
Call to Order - 7:00 pm
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Sheriff's Dep~rtment Update/Sheriff Podany
Metropolitan Mosquito Control Presentation
Discussion Items
1. Approve Preliminary Plat/Woodland Meadows 2nd Addition
2. Approve Preliminary Plat/Timber Meadows 3rd Addition
3 . Expenditure of Park Dedication Funds/Capital Improvements
4 . Special Use Permit/Kennel License/16157 Hanson Boulevard NW
5. Variance & Relocation of Structure/3123-173rd Lane N.W.
6. Mining Permit Extension/2855 - 161st Avenue N.W.
7. Approve Ordinance 8 Amendments
8. Approve Ordinance 53 Amendment/Dog Ordinance
9. Declare Costs/Winslow Hills 3rd Addition/93-5
10. Receive Assessment Roll/Order Public Hearing/93-5
11. Report of Assessment Status/xeon Street Storm Sewer/93-9
12. MSA Assessment policy Discussion, Cont.
13. Consider MSA. Redesignations
14. Award Bids/Trunk San. Sewer & Watermain/94-18
HRA Meeting
15. Public Hearing, Cont./Award 1995 Public Service CDBG Funds
ÉDA Meeting
16. Purchase of David Heidelberger property
17. Purchase of Sandeen property
Reports of Staff, Committees, Commissions
18. Schedule Joint Meeting w/Planning Commission/Externalities
19. Septic System Update
Non-Discussion/Consent Items
20.
21. Summer Intern/Engineering Aide
22. Approve Resolution/Transfer of Funds
23. Approve Change Order #1/Fox Woods,94-9/Bunker Lk.Blvd./93-30
24. Approve Change Order #1/Jonathan Woods, 94-10/Foxberry Farms,
94/8
Mayor/Council Input
Aå~roval of Claims
A Journment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 18, 1995
TABLE OF CONTENTS
RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1
CONSENT AGENDA
Summer intern/engineering aid . . . . . · · · · · · · · · · · 1
Resolution R051-95 transferring of funds · · · · · · · · · · 1
Resolution R052-95 approving change order #1/Fox Woods/IP94-9
and Bunker Lake Boulevard/IP93-30 · · · · · · · · · · · · 1
Resolution R053-95 approving change order #l/Jonathan Woods/
IP94-10 and Foxberry Farms/IP94-8 · · · · · · · · · · · · 1
APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · 2
SHERIFF'S DEPARTMENT UPDATE/SHERIFF PODANY · · · · · · · · · · · 2
METROPOLITAN MOSQUITO CONTROL PRESENTATION (cancelled) · · · · · 2
BOARD OF REVIEW
Motion to approve findings · · · · · · · · · · · · · · · · 2
PRELIMINARY PLAT/WOODLAND MEADOWS 2ND ADDITION
Resolution R054-95 to approve preliminary plat · · · · · · · 3
PRELIMINARY PLAT/TIMBER MEADOWS 3RD ADDITION · · · · · · · · · 3
Resolution R055-95 to approve preliminary plat · · · · · · · 4
Motion to request P&Z to look at definition of front lot
line in rural areas · · · · · · · · · · · · · · · · · · · 4
EXPENDITURE OF PARK DEDICATION FUNDS/CAPITAL IMPROVEMENTS
Motion to move $12,000 from pov's pull tabs to Public Works/
Parks Department · · · · · · · · · · · · · · · · · · · · 4
SPECIAL USE PERMIT/KENNEL LICENSE/16157 HANSON BOULEVARD NW . · · 4
Resolution R056-95 approving permit · · · · · · · · · · · · 5
VARIANCE AND RELOCATION OF STRUCTURE/3123 173RD LANE NW
Resolution R057-95 approving variance · · · · · · · · · · · 5
MINING PERMIT EXTENSION/2855 161ST AVENUE NW
Resolution R058-95 approving one-year extension · · · · · · · 5
ORDINANCE 8 AMENDMENTS/ORDINANCE 53 AMENDMENTS/DOG ORDINANCE · · 5
Motion to adopt Ordinance 8 amendments · · · · · · · · · · · 7
Motion to adopt Ordinance 53 amendments except dog enclosures;
request P&Z to look at dog enclosures again · · · · · · · 7
REPORT OF ASSESSMENT STATUS/XEON STREET STORM SEWER/IP93-9 · · · 7
DECLARE COSTS/WINSLOW HILLS 3RD ADDITION/IP93-5 and RECEIVE ASSESSMENT
ROLL/ORDER PUBLIC HEARING/IP93-5
Resolution R059-95 declaring costs/Winslow Hills 3rd/93-5 · · 10
Resolution R060-95 receiving assessment roll/ordering public
hearing/Winslow Hills 3rd/IP93-5 · · · · · · · · · · · · 10
Motion to receive Xeon Street storm sewer report · · · · · · 10
ASSESSMENT POLICY DISCUSSION and CONSIDER MSA REDESIGNATIONS
Motion to table to next meeting · · · · · · · · · · · · · · · 10
AWARD BIDS/TRUNK SANITARY SEWER AND WATERMAIN/IP94-18
Resolution R061-95 awarding contract to Ryan Contracting · · 10
SCHEDULE JOINT MEETING WITH P&Z/EXTERNALITIES (May 23, 6 p.m.) · 10
SEPTIC SYSTEM UPDATE · · · · · · · · · · · · · · · · · · · · · · 11
MAYOR/COUNCIL INPUT
Train Crossings · · · · · · · · · · · · · · · · · · · · · · · 11
League of Minnesota Cities Conference · · · · · · · · · · · · 11
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 11
ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 11
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'~' CITY of ANDOVER
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".1.. :,: 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100
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'"::'.--.-, REGULAR CITY COUNCIL MEETING - APRIL 18, 1995
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on April 18, 1995, 7:00 p.m. , at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Dehn, Jacobson (Arrived at 7:25 p.m.),
Knight, Kunza
Councilmembers absent: None
Also present: City Attorney, William G. Hawkins
TKDA Engineer, John Davidson
City Engineer, Scott Erickson
City Planning Director, Dave Carlberg
City Administrator, Richard Fursman
Others
RESIDENT FORUM
Winslow Holasek, 1159 Andover Boulevard NW - asked that Item lIon the
agenda be taken before Items 9 and 10, as the discussion on Item 11 has
a direct bearing on the other two items. The Council agreed.
AGENDA APPROVAL
Add Board of Review prior to the Discussion Items; Discuss Item 11
before Items 9 and 10; conduct the HRA Hearing on Public Service CDBG
Funds as soon as possible because there are people present to address
the Authority. Mayor McKelvey asked for a motion to approve the Agenda
as amended.
MOTION by Dehn, Seconded by Kunza, to so move. Motion carried on a 4-
Yes, I-Absent (Jacobson) vote.
CONSENT AGENDA
Item 21. Summer Intern/Engineering Aide
Item 22. Approve Resolution/Transfer of Funds (See Resolution R051-
95)
Item 23. Approve Change Order #l/Fox Woods, IP94-9/Bunker Lake
Boulevard/IP93-30 (See Resolution R052-95)
Item 24. Approve Change Order #1/Jonathan Woods, IP94-10/Foxberry
Farms, IP94-8 (See Resolution R053-95)
MOTION by Knight, Seconded by Dehn, approval of the Non-
Discussion/Consent Items. Motion carried on a 4-Yes, I-Absent
(Jacobson) vote.
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Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 2
APPROVAL OF MINUTES
April 4, 1995, Regular Meeting: Correct as written.
April 4, 1995, Executive Session: Correct as written.
April 6, 1995, Special Meeting: Correct as written.
MOTION by Knight, Seconded by Kunza, approval of all three sets of
Minutes. Motion carried on a 4-Yes, I-Absent (Jacobson) vote.
SHERIFF'S DEPARTMENT UPDATE/SHERIFF PODANY
Sheriff Larry Podany noted his background as an Andover resident and as
a law enforcement official. He then introduced several other officers
who were with him. Captain Lenny Crest then summarized the concerns of
the police services, that is police response times, officer attitudes
and demeanor, availability of reports and data needed by the community
and a comparison of police protection costs.
(Councilmember Jacobson arrived at this time, 7:25 p.m.)
Captain Crest stated the Departments looks forward to serving Andover,
with the direction being toward community orientation. The City will
find more officers out of the squad cars and out in the playgrounds
visiting with the residents under Sheriff Podany's direction. Sheriff
Podany then invited the Councilmembers to an open house on May 13. In
response to Councilmember Knight's question on rejuvenating the
Neighborhood Crime Watch Program, Sheriff Podany stated they will be
looking at that particular issue as well as a citizen's academy and
youth activity programs. The Council thanked the Sheriff and his
officers for their presentation.
METROPOLITAN MOSQUITO CONTROL PRESENTATION
Mr. Fursman stated the organization cancelled their presentation.
BOARD OF REVIEW
John Leone, Anoka County Assessor, explained he reviewed the Robert
Garin residence. Mr. Garin has accepted the valuation of $130,800 for
his property. Otto Pfeiffer has also accepted the valuation of $114,400.
Mayor McKelvey then asked for a motion to approve the equalization and
findings of the Board of Review.
MOTION by Dehn, Seconded by Kunza, to so move. Motion carried
unanimously.
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Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 3
APPROVE PRELIMINARY PLAT/WOODLAND MEADOWS 2ND ADDITION
Mr. Haas reviewed the preliminary plat of Woodland Meadows 2nd Addition
which consists of 17 single family rural residential lots. He also
reviewed the variances being requested. The Planning Commission did not
agree with the variance from submitting the Special Use Permit
application for an area identification sign in conjunction with the
preliminary plat; however, the Planning Department disagrees with that
interpretation. The proper procedure is to vary from the ordinance as
written. The developers will still be going through the process of a
Special Use Permit; the variance is from the requirement to go through
the process in conjunction with the preliminary plat. The Andover
Review Committee has also recommended the preliminary plat be reviewed
by the utility companies over the petroleum pipeline and UPA easements.
The Park and Recreation Commission is recommending cash in lieu of land
because of an existing park to the north which is currently undeveloped.
In discussion with the Council, Mr. Haas also explained the variance
from the 150' x 150' pad is because of the wetland all around the
parcel. The parcel meets the 39,000 square-foot requirement, but the
pad is about 100 feet at the narrow point.
3vron Westlund, Woodland Development - explained the variance from
Ordinance 10, Section 9.01 to cover all contiguous land. The entire 80
acres is still held in fee by the Humphreys. Woodland Development is
purchasing 60 acres on a contract, and the Humphreys will retain 20
acres for the homesite with no intention of developing it further. Mr.
Haas noted this is being platted under the old ordinance prior to the
changes approved which require the inclusion of all the owner's
contiguous land. Attorney Hawkins felt that is a technicality that can
be left in the Resolution. Council suggested the specific reason for
the variance be noted in the Resolution to avoid a problem in the future
of other developers asking for exceptions to the ordinance requirement.
MOTION by Dehn, Seconded by Kunza, that the Resolution presented before
us this evening be approved by the City Council, the preliminary plat of
Woodland Meadows 2nd Addition as being developed by Woodland Development
Company located in Section 10, Township 32, Range 24, Anoka County,
Minnesota, with the emphasis on No. 4, an explanation as to the purpose
of the variance citing the explicit reason as to ownership and the
contract for deed. (See Resolution R054-95) Motion carried unanimously.
APPROVE PRELIMINARY PLAT/TIMBER MEADOWS 3RD ADDITION
Mr. Haas reviewed the proposed preliminary plat of Timber Meadows 3rd
Addition which consists of 14 single family rural residential lots. A
portion of Timber Meadows 2nd Addition is being replatted as a part of
the request. The variances being requested were also explained. The
Andover Review Committee recommended the variances be granted, and the
Planning and Zoning Commission recommended approval of the plat with one
no vote. Commissioner Apel did not have a problem with the plat but to
the trapezoidal lot configurations created in an attempt to meet the
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Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 4
(Approve Preliminary Plat/Timber Meadows 3rd Addition, Continued)
letter of the ordinance. He felt it would be to the City's and future
residents' benefit to allow rectangular lots and grant the necessary
variances. When Timber Trails was developed, the Council approved
variances for rectangular lots rather than gerrymander them to meet the
ordinance.
Bvron Westlund, Woodland Development - stated the lots affected would
still be 2.5 acres if the lot lines were straightened out. Variances
would just be needed for lot frontages. Only four lots would be
affected. Councilmember Dehn asked about the ability to subdivide the
lots in the future. Mr. Erickson stated the configuration could have an
impact on future lot splits. Rectangular lots are easier to split.
MOTION by Jacobson, Seconded by Dehn, the Resolution as presented to the
Council. (See Resolution R055-95 approving the preliminary plat of
Timber Meadows 3rd Addition) DISCUSSION: Councilmember Jacobson felt
there could also be problems by trying to square off the lots. His
motion is to approve the plat as presented. Motion carried unanimously.
MOTION by Jacobson, Seconded by Dehn, that the City Council request the
Planning and Zoning Commission to look at the definition of lot line
front in Ordinance No. 8 to better reflect the realities in the rural
area as to the location and facing of the house on the particular lots
and which section of the lot is considered the front and which is
considered the side. Motion carried unanimously.
The Council recessed at this time to hold a Housing and Redevelopment
Authority meeting, 8:08; reconvened at 8:20.
EXPENDITURE OF PARK DEDICATION FUNDS/CAPITAL IMPROVEMENTS
MOTION by Knight, Seconded by Kunza, that we approve the moving of
$12,000 from the park dedication funds that we received from Pov's pull
tabs to the Public Works/Parks Department to update old equipment in
various parks, etc. DISCUSSION: Councilmember Jacobson wondered
whether it would be better to wait until after the park bond election.
Park Commissioner Dave O'Toole - explained Kevin Starr, Public Works
Supervisor, attended their meeting and explained they will run over
budget. This will help defray those costs and will be used for items
that were not proposed to be covered with bond proceeds. Motion
carried unanimously.
SPECIAL USE PERMIT/KENNEL LICENSE/16157 HANSON BOULEVARD NW
vicki Haqen, 16157 Hanson Boulevard NW - has lived on their six wooded
acres for six months. They have owned their Shetlands since 1976,
pointing out the other places they have lived over the years with 10
adult dogs with no complaints. They are her pets and are show dogs.
She does not board nor breed dogs. Her dogs are debarked and are in the
house all night and while she is at work.
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Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 5
(Special Use Permit/Kennel License/16157 Hanson Blvd NW, Continued)
MOTION by Knight, Seconded by Jacobson, the Resolution approving the
Special Use Permit as presented. (See Resolution R056-95) Motion
carried unanimously.
VARIANCE AND RELOCATION ÓF STRUCTURE/3123 173RD LANE NW
Mr. Carlberg gave an overview of the variance and relocation requests of
Jeff and Juanita Thompson to move a house from the future middle school
site to property they own at 3123 173rd Lane NW and to reside in the
existing manufactured home on the property for 120 days while the house
is being completed.
MOTION by Knight, Seconded by Kunza, the Resolution presented (See
Resolution R057-95 approving the variance request) Motion carried
unanimously.
MINING PERMIT EXTENSION/2855 161ST AVENUE NW
MOTION by Jacobson, Seconded by Dehn, the Resolution as presented to
extend the Special Use Permit for a mining permit for one year to allow
for the continuation of mining activities at 2855 161st Avenue NW to
expire on May 3, 1996. (See Resolution R058-95) Motion carried
unanimously.
APPROVE ORDINANCE 8 AMENDMENTS/ORDINANCE 53 AMENDMENT/DOG ORDINANCE
Mr. Carlberg reviewed the proposed amendments to Ordinance 8, Section
3.02, Definitions to add the definitions of commercial and private
kennels to the Zoning Ordinance and an amendment to Section 7.03 to add
commercial dog kennels as a Special Use in the R-l District only.
Private dog kennels would no longer need a Special Use Permit. The
Special Use Permit approved earlier this evening came under the existing
ordinance.
Vicki Haqen, 16157 Hanson Boulevard - thought that someone on Staff
should have known about this proposed ordinance and informed her so she
would not have had to spend the money to obtain a Special Use Permit.
Mr. Carlberg explained approval by the Council for a private kennel
license will still be required; only the Special Use Permit will no
longer be required. Ms. Hagen will still be required to obtain an
annual kennel license. The guidelines under the existing ordinance were
followed for Ms. Hagen. If these changes are approved tonight, they will
not become effective until they are published.
Councilmember Jacobson suggested if these proposals are adopted that
another amendment be added to allow private dog kennels in the R-l
district only. That would assist in clarifying the distinction between
a private and commercial dog kennel. Mr. Carlberg agreed.
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Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 6
(Ordinance 8 Amend./Ordinance 53 Amendments/Dog Ordinance, Continued)
Council discussion was on the issue of dog enclosures. As written, it
could be interpreted that it refers to dog enclosures in the R-l
district. Mr. Carlberg explained it refers to any district. There are
other sections of the ordinance; however, the ones before the Council at
the only ones being amended. Councilmember Jacobson stated the
argument presented by Commissioner Doucette in her report is the new
requirements work in the R-l district but not in the R-4 district. Mr.
Carlberg stated the Council may wish to change the 30-foot requirement
from the side yard; however, the intent was to keep dog enclosures out
of the side yard and sides of garages and to get them in the back yard.
This would not apply to fencing or the invisible fence placed around
yards. This relates to the typical 6x12-foot metal-type fencing to
enclose dogs. Existing dog enclosures would be allowed to remain. If one
becomes a problem, the City could require compliance with this
provision. Future dog enclosures would be required to meet these
requirements.
planninq commissioner Doucette, 14469 Xeon Street - believed her
proposal to 10-foot setback would be reasonable in the R-4 district and
allows an enclosure without having it in the middle of the back yard.
She thought as proposed the window in which to locate a dog enclosure is
very restrictive. She did not feel there was a lot of discussion on the
setback for dog enclosures, but it wasn't until the third meeting on
this issue that she started to draw sketches on how the requirements
would affect an R-4 lot.
Marqaret Dupont, 3463 133rd Lane NW - stated she originally brought this
to the Planning Commission with a petition signed by over 100 people.
Because the back of all homes do not align with neighboring homes, they
have had problems with dog enclosures in the side yards and having to
put up with the smell. As proposed, the kennel could still be put in
the corner of the lot. She thought it would still not solve the problem
by saying 30 feet from the side yard, noting the problem she would still
have with the neighbor's dog enclosure. She also explained the problem
she has had with the neighbor's dog threatening children, charging
fiercely at the fence, which frightens the children.
Mr. Carlberg stated the ordinance distinguishes between the rear yard
and side yard, and that language may be more appropriate in the
ordinance than specific distances from lot lines. Counci1member Knight
wanted to be careful not to become so restrictive that some lots cannot
have dog enclosures. Because the size and configuration of lots vary so
much, he wondered if it would be better to place the restriction from
any house rather than the lot lines. Mr. Carlberg stated the City has
not received many complaints on this issue, but those they have received
are on the issues of odor or threats to children because of the close
proximity of the dog enclosure to the property line.
Council thought there are other ordinances that cover the issue of odor,
barking, or threats. If not, maybe something should be written into the
ordinance that deals with the dog's behavior. No one needs to be
intimidated by someone's dog.
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Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 7
(Ordinance 8 Amend./Ordinance 53 Amendments/Dog Ordinance, Continued)
MOTION by Jacobson, Seconded by Dehn, under Item No. 7 on tonight's
agenda, that the Council adopt the ordinance changes to 'include
commercial dog kennel in the R-l district only as presented by Staff,
and direct Staff to list under Section 7.01 of Ordinance 8 Permitted
Uses in R-l District, private dog kennel. DISCUSSION: Councilmember
Jacobson stated his intent would be to return that portion of Ordinance
53 which deals with the dog enclosure back to the Planning Commission
for their review.
Ms. Haqen - requested her money for the Special Use Permit be returned.
She stated the City harassed her, sent her about four letters. Her dogs
don't bark. She came in on March l4 to apply for the Permit, and she
should have been told at that time about this proposal so she would not
have needed to spend the $175 for the Special Use Permit. Mr. Carlberg
stated the Staff has been asking Ms. Hagen for several months to come
into compliance with the ordinance. The ordinance in effect at the time
of application must be followed. The public hearing has already been
held and funds expended on this permit.
Councilmember Jacobson called the question. Motion carried unanimously.
Vote on the Motion: Carried unanimously.
MOTION by Jacobson, Seconded by Dehn, that the Council adopt Ordinance
No. 53E, an ordinance which amends Ordinance No. 53, commonly known as
the Dog Ordinance, with the exception of Section No. 23 which deals with
the issue of dog enclosures. We do not adopt that this evening but send
that section only back to the Planning and Zoning Commission for review
by the Commission on the issue of dog enclosures and distance from
property lines, etc. And ask for a recommendation from the P & Z on
that particular section only. DISCUSSION: Councilmember Knight also
asked that the Commission consider reviewing verbiage that deals with
dog behavior. Motion carried unanimously.
REPORT OF ASSESSMENT STATUS/XEON STREET STORM SEWER/IP93-9
Mr. Davidson gave a detailed report on his April 6, 1995, written
findings of the Assessment Status for the storm sewer area tributary to
Andover Lake, showing how the assessment rate of $0.04 per square foot
has been consistent for the entire storm sewer area. The areas of
assessment are reduced by the amount of nonassessable properties, the
ponds, roads, right of ways, etc. The total costs of the trunk storm
sewer facilities to date are $450,711.60. Total assessed to date is
$251,079.84; pending assessments of $130,173.60 and unassessed future
costs of $69,457.56. This area does not include anything west of Hanson
Boulevard. He also reviewed the specific assessments to Old Colony
Estates/IP88-8; Creekview Crossing/IP91-2; and Winslow Hills 3rd
Addition/IP93-5.
Winslow Holasek - questioned the acreage for Old Colony Estates, as
there was more than 20.9 developable acreage. That piece was about 40
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Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 8
(Ordinance 8 Amend./Ordinance 53 Amendments/Dog Ordinance, Continued)
acres in size; and with the removal of the pond, there was at least 30
acres left. The 20.9 acres as shown doesn't include Creekview Crossing.
That is the issue he has been trying to resolve. Mr. Davidson explained
the $0.04 per square foot was assessed across all of the lots at the
request of the developer, not just against those lots contributing
directly into Andover Lake.
Mayor McKelvey stated if $18,302.33 from Old Colony Estates was credited
against Creekview Crossing, and the worksheet for Creekview Crossing
shows a deferment of $18,302.33 for storm sewer, then where is the trunk
sewer assessment for Creekview Crossing?
Winslow Holasek - stated the point he is trying to make is that there
was no storm sewer assessment against Creekview Crossing. Old Colony
Estates was assessed for half of the area, and then half of that was
deferred.
Jerrv Windschitl, Ashford Development - referred to the worksheet for
Creekview Crossing, the line indicating the deferred storm sewer
assessment of $18,302.33 also indicates 52 acres at $351.96, which is
less than $0.04 per square foot. Mr. Davidson explained only part of
the plat was assessed for storm sewer, the northwest quarter of the
sOutheast quarter. Rather than assessing only those lots for the trunk
storm sewer at $0.04 per square foot, the developer asked that it be
spread over all of the lots in the subdivision even though some lots
were outside of the assessment area.
Mr. Windschitl - stated the numbers show at best that Creekview Crossing
paid $0.008 per square foot, but it can also be argued they didn't pay
anything at all and that Old Colony Estate paid a reduced rate. There
is no conceivable way that they paid $0.04 per square foot. Another big
disagreement is the costs for IP88-8 including trunk costs were assessed
to the Gaughan properties and were paid by them. There are no
unamortized costs in IP88-8 that should be in this summary of costs.
The $36,416 should be included, as Gaughan Properties paid the City; and
he pointed to the documents that proved that amount was paid. Also, in
the storm sewer area, there are between 150 and 250 acres left that
could be charged as it develops, including some property that crosses
Crosstown Boulevard. Assuming 150 more acres develop, it will provide
another $160,000 in assessments, which is more than the cost of the
facilities. He felt the project is way over assessed. He asked that
between the property owners and the City that an agreement be reached on
what the numbers really are to eliminate so much confusion.
Mr. Davidson responded they cannot determine exact costs until the
property is proposed for development and the needs are known. If there
has been an omission, it has been in not assessing enough. Any
additional assessments are an insurance to carryover the next ten years
for maintenance or the construction of other storm sewer needs. Also,
the needs were totally different in 1993 than they were when the
original hearings were held in 1987, but they did not tamper with the
$0.04 square foot, just the area it was applied to.
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Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 9
(Ordinance 8 Amend./Ordinance 53 Amendments/Dog Ordinance, Continued)
Mr. Ho1asek - stated he did his research independently from Mr.
Windschitl and presented copies of his findings to the Council. He
asked who makes the decision on the assessment, the City or TKDA. Mr.
Davidson stated TKDA assists the City Clerk in preparing the assessment
roll based on the cost of construction and the assessment policy. The
specific calculations are done by TKDA and are submitted to the City
Staff for their review.
Mr. Holasek - stated in the past the drainage districts have been
divided between Bluebird and Xeon. Mr. Davidson stated the two were put
together in April, 1988.
Mr. Holasek - stated he would like to see a map of the combined areas
with that date on it. He also pointed out areas in Old Colony Estates
and Creekview Crossing that drain to Andover Lake but are considered
outside of the drainage area and where not assessed. When that was
discovered, he asked why that area wasn't brought inside the drainage
area to be assessed. He thought that could have been done by amending
the development contract. Mr. Davidson stated they worked closely with
the developer in the initial design. It was Mr. Winds chit 1 and Mr.
Emmerich who changed the storm design and brought it into Andover Lake.
The development contract was signed before that took place.
Mr. Holasek - disagreed with many other things Mr. Davidson reported.
First he disagreed with the statement that the $0.04 per square foot
assessment has been consistent for all plats in the Xeon storm drainage
area. He alleged no other plats have been assessed that rate on all
acreage within the plat other than Winslow Hills and Winslow Hills 2nd
Addition, noting specifically that Creekview Crossing was assessed at
$351.96 per acre. Mr. Davidson again stated that difference is because
the assessment was spread across all lots in the plat, even those
outside of the storm drainage area.
Mr. Holasek - pointed out a portion of the assessment for Old Colony
Estates was deferred to Creekview Crossing, so they now paid $0.02 per
square foot. Of the deferred amount, a portion was also deferred for
PIN 26-32-24-42-02, which is a portion of Weybridge I and Weybridge III;
so in effect that $18,113.83 was reduced to the point of paying only
$2,565.49, which is 2.8 percent of the assessment. Mr. Davidson stated
the $15,736.84 was a way of crediting Creekview Crossing for storm sewer
work done in preparation for Weybridge for internal lateral sewers.
Mr. Holasek - presented an analogy of how that would be applied to the
Winslow Hills additions. He continued that the Winslow Hills plats are
the only plats that have paid storm sewer assessments on 100 percent of
the land, including undevelopable areas. The result is his plats have
not been treated the same as others that have had those undevelopable
areas deducted from the acreage. He believed there is enough evidence
to show that the assessment procedures used by the City in this instance
have been flawed and completely arbitrary. He requested the City
Council order an audit to examine this storm sewer fund for improper
levying of assessments and the expenditure of funds.
![
Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 10
(Ordinance 8 Amend./Ordinance 53 Amendments/Dog Ordinance, Continued)
The Council agreed to take some time to review the information presented
this evening. A motion was made at the end of the next Agenda item.
DECLARE COSTS/WINSLOW HILLS 3RD ADDITION/IP93-5 and RECEIVE ASSESSMENT
ROLL/ORDER PUBLIC HEARING/IP93-5
MOTION by Jacobson, Seconded by Dehn, move Items 9 and 10 in tonight's
agenda in the affirmative. (See Resolution R059-95 declaring
costs/Winslow Hills 3rd Addition/IP93-5 and Resolution R060-95
receiving assessment roll/ordering public hearing/IP93-5/Winslow Hills
3rd Addition) Motion carried unanimously.
Mr. Holasek - asked if the area is supposed to be inspected before it is
done. He understood the project was inspected, but he had pictures
showing the disturbed area. It is not seeded and there is a pile of
trees on his property. Mr. Davidson stated he will see that that is
taken care of.
MOTION by Jacobson, Seconded by Kunza, that the City Council receive the
report of the assessment status on the Xeon Storm Sewer project as
presented by the City engineers. Motion carried unanimously.
ASSESSMENT POLICY DISCUSSION and CONSIDER MSA REDESIGNATIONS
MOTION by Jacobson, Seconded by Knight, considering the late hour, that
Items No. 12 and 13, considering the amount of discussion required, be
tabled to the next meeting. Motion carried unanimously.
AWARD BIDS/TRUNK SANITARY SEWER AND WATERMAIN/IP94-18
MOTION by Knight, Seconded by Jacobson, the Resolution presented,
awarding the contract to Ryan Contracting. (See Resolution R061-95 for
$584.297.40) Motion carried unanimously.
The Council recessed to hold an Economic Development Authority meeting,
10:45; reconvened at 11:00 p.m.
SCHEDULE JOINT MEETING WITH PLANNING COMMISSION/EXTERNALITIES
The Council agreed to a joint meeting with the Planning and Zoning
Commission at 6 p.m. on Tuesday, May 23, 1995.
~
Regular Andover City Council Meeting
Minutes - April 18, 1995
Page 11
SEPTIC SYSTEM UPDATE
Mr. Fursman reviewed his memo to the Council on the efforts to
compromise with the Metropolitan Council on the unfunded mandate of
biennial inspections of private septic systems. He is looking at other
options that may be acceptable to the Metropolitan Council. He also
noted the article on Otsego which is being required to inspect on-site
septic systems when houses are sold. The Council agreed Mr. Fursman
should continue negotiating.
MAYOR/COUNCIL INPUT
Train Crossings - Councilmember Jacobson stated he waited 15 minutes for
two trains to pass on Andover Boulevard this evening. With traffic
increasing and the need to meet emergency situations, he felt this is
not a good situation for public safety. Mayor McKelvey hoped some
pressure could be brought upon the county to build an overpass over the
railroad tracks at Bunker Lake Boulevard.
League of Minnesota Cities Conference - Mr. Fursman provided the
material to the Councilmembers on the conference and asked that anyone
interested in attending contact him.
APPROVAL OF CLAIMS
MOTION by Dehn, Seconded by Kunza, approval of the Claims as submitted.
Motion carried unanimously.
MOTION by Knight, Seconded by Kunza, to adjourn. Motion carried
unanimously.
The meeting was adjourned at 11:18 p.m.
Respectfully submitted,
\r~~L
Ma~lla A. Peach
Recording Secretary