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HomeMy WebLinkAboutCC April 4, 1995 CITY of ANDOVER Regular City Council Meeting - April 4, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Ordinance 8 Amendment 2. Ordinance 109/Therapeutic Massage 3. Review & Approve Investment policy 4. Approve Plans & Specs/93-7/City Hall Park Complex 12/ Irrigation 5. Accept Petition/95-2/Crosstown Drive/Street Lighting 6. Old Colony Estates Drainage/Bodine 7. Drainage/22l5 - 145th Avenue N.W./Platz 8. Consider MSA Assessment Policy Change 9. Approve Ordinance 10 Amendments 10. Award Bid/Well 15/94-14 11. Approve plans & Specs/95-1/Woodland Creek 5th Addition Reports of Staff, Committees, Commissions 12. Labor Contract Update 13. Set Meeting w/BKPR/City Hall 14. Personnel Policy Rewrite Non-Discussion/Consent Items 15. Hire Parks Department Employee/Public Works 16. Amend Ordinance 19 Adopting 1994 Minn, State Bldg. Code 17. Approve 1995 G.O. Improvement/Request Bids 18. Approve 1995 Equipment Certificate 19. Approve Refunding of 1985B G.O. Imp. Bonds/Request for Bids 20. Release Escrow/Crown pointe East/94-22 Mayor-Council Input Payment of Claims Adjournment " . " REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 4, 1995 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R043-95 approving plans & specs/IP93-7/City Hall Park Complex *2/irrigation · · · · · · · · · · · · · · · 1 Resolution R044-95 accepting petition/IP95-2/Crosstown Drive/street lighting · · · · · · · · · · · · · · · · · · 1 Resolution R045-95 awarding bid/Well *5/IP94-14 to E.H. Renner and Sons for $73,440 . . . . . . . . . . . . . · · 1 Resolution R046-95 approving plans & specs/IP95-1/Woodland Creek 5th · · · · · · · · · · · · · · · · · · · · · · · · 2 Hire Parks Department employee (Jeremy Johnson) · · · · · · · 2 Amend Ordinance 19 adopting 1994 MN State Building Code · · · 2 Resolution R047-95 approving 1995 GO improvement/request bids 2 Resolution R048-95 approving 1995 Equipment Certificate · · · 2 Resolution R049-95 approving refunding of 1985B GO Improvement Bonds/request for bids · · · · · · · · · · · 2 Release escrow/Crown Pointe East/IP94-22 · · · · · · · · · · 2 Approve abatement/delinquent utility, 14339 Xenia · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 ORDINANCE 8 AMENDMENT AND ORDINANCE 109/THERAPEUTIC MASSAGE · · · 2 Motion to return to Planning Commission for revision · · · · 4 REVIEW AND APPROVE INVESTMENT POLICY Motion to approve · · · · · · · · · · · · · · · · · · · · · · 5 OLD COLONY ESTATES DRAINAGE/BODINE · · · · · · · · · · · · · · · 5 DRAINAGE/2215 145TH AVENUE NW/PLATZ Motion to table · · · · · · · · · · · · · · · · · · · · · · · 6 CONSIDER MSA ASSESSMENT POLICY CHANGE Motion to have Staff review and report back · · · · · · · · · 6 ORDINANCE 10 AMENDMENTS Motion to approve · · · · · · · · · · · · · · · · · · · · · · 7 SEWER AND WATERMAIN EXTENSION/MARK MENTHE/14122 PRAIRIE ROAD Resolution R050-95 approving extension of utilities but denying deferment on the assessments · · · · · · · · · · 7 LABOR CONTRACT UPDATE · · · · · · · · · · · · · · · · · · · · · · 8 SET MEETING WITH BKPR/CITY HALL (April 6, 7:30 p.m., Fire Station 1) · · · · · · · · · · · · · · · · · · · · · · · 8 PERSONNEL POLICY REWRITE Motion to direct Administrator to collect policies from other cities and to contact neighboring cities to determine interest in sharing costs of developing a personnel policy 8 MAYOR/COUNCIL INPUT Externalities · · · · · · · · · · · · · · · · · · · · · · · · 8 Getting information to the residents · · · · · · · · · · · · 8 Snowmobile Task Force update · · · · · · · · · · · · · · · · 9 EDA purchase of properties update · · · · · · · · · · · · · · 9 PAYMENT OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 9 UPDATE OF SENATE TAX COMMITTEE HEARING · · · · · · · · · · · · · 9 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 9 --.., .- ~ "'~:"-c-:.,-"__"._ d-' CITY of ANDOVER \ .1./ '""' c,ooom.- "'""","0 'w. . ","0"". "'""'0"' ",... . ""I "'"'00 " . , REGULAR CITY COUNCIL MEETING - APRIL 4, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on April 4, 1995, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Code Enforcement Officer, Jeff Johnson -- City Finance Director, Jean Nichols City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek, 1159 Andover Boulevard NW - showed pictures of the extensive damage done by snowmobiles to his grain planted across from City Hall. The brown portion indicates a 40- to 50-percent kill; and on the heavily traveled trails, it is 90- to 100-percent kill. The problem is not only the loss of grain, but weeds begin to grow where the grain was killed. Not only is the yield lowered, but it is not as good because of the weeds. He didn't know what could be done to control the snowmobiles; but it is a very serious problem. Mr. Holasek also asked if the consulting engineer has had an opportunity to answer his questions on the area storm sewer assessments for Xeon Street. Mr. Erickson stated that will be placed on the next Council agenda, and he agreed to provide a copy of the report to Mr. Holasek prior to the meeting. AGENDA APPROVAL Add Items 11a, Sewer and Watermain Extension/Mark Menthe/Prairie Road; and 21, Approve Abatement/Delinquent Utility. Move to the Consent Agenda Items 4, 5, 10, and 11. Mayor McKelvey asked for a motion to accept the Agenda as amended. MOTION by Jacobson, Seconded by Dehn, to so move. Motion carried unanimously. CONSENT AGENDA Item 4 Approve plans & Specs/IP93-7/City Hall Park Complex #2/Irrigation (See Resolution R043-95) Item 5 Accept Petition/IP95-2/Crosstown Drive/Street Lighting (See Resolution R044-95) Item 10 Award Bid/Well #5/IP94-14 to E.H. Renner and Sons for $73,440 (See Resolution R045-95) (¥\~ ~ ~ '-f/ £'Jc¡~ --_ - _____0 _.__~_ Regular Andover City Council Meeting Minutes - April 4, 1995 Page 2 (Consent Agenda, Continued) Item 11 Approve Plans & Specs/IP95-1/Woodland Creek Sth Addition (See Resolution R046-95) Item 15 Hire Parks Department Employee/public Works (Jeremy Johnson) Item 16 Amend Ordinance 19 Adopting 1994 Minnesota State Building Code Item 17 Approve 1995 G.O. Improvement/Request Bids (See Resolution R047-95 for $2,605,000) Item 18 Approve 1995 Equipment Certificate (See Resolution R048-95) Item 19 Approve Refunding of 1985B G.O. Improvement Bonds/Request for Bids (See Resolution R049-95 for sale of $825,000 GO Improvement Refunding Bonds) Item 20 Release Escrow/Crown pointe East/IP94-22 Item 21 Approve Abatement/Delinquent utility/PIN 29 32 24 31 0109, 14339 Xenia Street NW Mayor McKelvey asked for a motion to approve the Consent Agenda. MOTION by Dehn, Seconded by Kunza, to so move. Motion carried unanimously. APPROVAL OF MINUTES March 21, 1995, Regular Meeting: Correct as written. March 21, 1995, Executive Meeting: Correct as written. MOTION by Knight, Seconded by Jacobson, approval of both Minutes. Motion carried on a 4-Yes, I-Present (Kunza) vote. ORDINANCE 8 AMENDMENT AND ORDINANCE 109/THERAPEUTIC MASSAGE Mr. Johnson reviewed the proposed amendments to Ordinance No. 8, Sections 3.02, 4.03 and 7.03 adding a definition for therapeutic massage and therapeutic massage establishments, adding cabinet making/wood working and therapeutic massages as home occupation uses, and adding therapeutic massage as a home occupation in residential districts. The Planning Commission is recommending approval. The Council had some questions about allowing cabinet making/wood working as a home occupation. Mr. Johnson explained they would only be allowed on three-acre parcels or larger, that there has been no complaints in recent years on these types of operations, and that the Special Use Permit would regulate the noise, setbacks, etc. Councilmember Knight asked what would the City do if an accessory building on a three-acre parcel was close to the lot line where the noise from the machinery affects the neighbors. He was concerned that the setbacks may not be sufficient to prevent a problem with noise. Mr. Johnson stated if there are complaints, there is a process to revoke the .- - . - -- .----.. . -~ -, ..- r' \ Regular Andover City Council Meeting Minutes - April 4, 1995 Page 3 (Ordinance 8 Amendment & Therapeutic Massage Ordinance, Continued) Special Use Permit. Inspections are not done every year; only on complaints. He did not know if this type of business would be under OSHA standards. Also, the ordinance only allows 800 feet for the business and not more than one employee; so if the business grows beyond that, it would have to move to a commercial area. Councilmember Jacobson was not in favor of allowing massage businesses in the City. Page 2 of the proposed ordinance states the Findings, and he questioned how the City determined there is a need for this. Councilmember Dehn noted the presentation by a therapist before the Planning and Zoning Commission. Councilmember Jacobson felt there is a real ability for the misuse of the ordinance. Why allow them in the City at all? Attorney Hawkins advised if it is a legitimate use, the City cannot exclude it completely. It would be better to regulate them. Councilmember Jacobson noted that was not the argument that was used in the Lund's Towing case. He was also bothered by allowing the therapists to leave their site and go into businesses and other private homes. On Page 4, license application, he asked why a check isn't done nationally. On page 5, the requirement for education applies to the person who gets the license; but it does not address the requirements of any other people who might be working in the business. As written, he was concerned that the licensee could obtain the license, leave the state and leave the business to apprentices. Councilmember Jacobson also had a real problem with allowing this use in the residential areas. If it has to be allowed, he thought perhaps it would be better in a commercial area. Councilmember Dehn stated she was familiar with massage therapists and knew the State of Minnesota is looking at a licensing program very similar to the beauticians' program. It is a legitimate therapy, likening it to beauticians; but she agreed it needs to be regulated. Other states have already licensed this field. She suggested the ordinance include reference to the City accepting the regulations and licensing that will ultimately be adopted by the State. Councilmember Knight noted the difficult time other cities have had in regulating massage parlors once they cross over to undesirable activities. The Council continued to debate where massage parlors should be allowed in the City and repeated some of the areas of the ordinance that should be clarified and tightened up. Cara Geist, 13464 Jonquil Street - was not aware of the provision that only the licensee had to have a license. She agreed everyone working in the business should have at least the minimum requirements, that is SOO hours of education and pass the national certification exam. Any time a person is touching the human body there is a potential liability. At the present time there is an attempt to get all of the Therapeutic Massage and Body Workers organizations in the state together to propose legislation this summer. She guessed it would be three years before there is a state certification program in place and agreed the industry needs to be very closely regulated because of the abuse. She also felt __ __ _. -0 ___. .._ - ~- i , Regular Andover City Council Meeting Minutes - April 4, 1995 Page 4 (Ordinance 8 Amendment & Therapeutic Massage Ordinance, Continued) it would be reasonable not to allow anyone else to work with the licensee in a home occupation therapeutic massage business. Those whom she knows doing this as a home occupation do it in a room in their home and usually do not have employees. She would have to check her records but thought several other cities that regulate therapeutic massage do not allow employees or apprentices in the home setting. Ms. Geist also explained the current national accreditation and the strict standards that must be adhered to. The course she took was 600 hours, which included apprenticeship hours outside of the school. Certain insurance companies are paying claims for massage therapy. Councilmember Dehn questioned the inspection of the home-based site. Mr. Johnson stated generally they are not inspected unless there is a complaint. Councilmember Dehn felt it would be in the City's best interest to include in the ordinance that the site would be physically inspected by Staff every two or three years as time allows to be sure the facilities are up to date and appropriate for the purpose. She also felt the use in the residential area should be limited to the licensee only. Councilmember Jacobson also pointed out the bottom of the first page amending Ordinance 8 indicates a therapeutic massage establishment can be in a private club. Is the City going to allow private clubs to be established in residential areas? The sports clubs, etc., are not in residential areas. He thought this paragraph needs to be tightened up. Again, if the City has to make provision for this use, he thought it should be in the commercial areas and the ordinance needs to be crafted tighter. He also did not agree with allowing the therapists to practice off site in any home in the City. Discussion then returned to the proposal to include cabinet making/wood working as a home occupation. Councilmember Knight felt the location of an accessory building from the side and rear lot lines needs to be addressed so the noise from the machinery is not offensive to the neighbors. In discussing the procedure at this point, the Council generally agreed to refer both items back to the Planning Commission to consider the points raised this evening. When polled on whether or not therapeutic massage should be allowed as a home occupation in the residential area, Councilmembers Knight and Jacobson disagreed; Mayor McKelvey and Councilmembers Dehn and Kunza had no problem with it if it is kept to just one operator. MOTION by Jacobson, Seconded by Dehn, to return Ordinance No. 8 amendment as Item 1 on the Agenda and with Item No.2, Ordinance 109, Therapeutic Massage Ordinance, back to the Planning and Zoning Commission for revision and the tightening of the language based upon the discussion the Council had this evening. Motion carried unanimously. . --" .----.- - - . _.- -- -.. -~- -. .- Regular Andover City Council Meeting Minutes - April 4, 1995 Page 5 REVIEW AND APPROVE INVESTMENT POLICY Ms. Nichols explained the proposed revisions to the policy recommended at the last Council meeting have been included in the draft before the Council. Councilmember Jacobson stated it has been suggested that the Investment Committee also include a non-voting ex-officio member who is knowledgeable in investments. This could be a resident or someone other than Staff. Ms. Nichols stated the discussion on the Staff level was to ask a person from a financial investment/consulting firm to act as an advisor during their meetings, and they would change the consulting firm each meeting to have a different person advising. This would be done by the investment and consulting firms as a service to the City at no cost. The Council tended to agree with the suggestion. Charlie Veiman - suggested a resident also serve on the committee. He agreed to write up something for the newsletter asking for a resident volunteer that is well versed in investments to sit on the committee. He also asked if residents would be able to sit in on the meetings of the Investment Committee. Ms. Nichols stated interested residents would be welcome to attend the meetings. In further discussion, the Council did not have a problem with the ex-officio member being either a resident or a member of a financial investment/consulting firm so there is a balance on the committee. The intent would be to have one ex-officio member on the committee and the filling of that position would be rotated between interested and qualified residents and representatives from financial investment/consulting firms. MOTION by Dehn, Seconded by Kunza, that we approve the Investment Policy as presented except for the addition to the page with "Investment Committee", Finance Director, Treasurer, City Administrator, "and ex- officio member knowledgeable in investments" be included. Motion carried unanimously. OLD COLONY ESTATES DRAINAGE/BODINE Mr. Erickson explained the City received a complaint from Paul Bodine, 14281 Zilla Street NW, about the drainage problem along the back of his property and those adjacent residences in the area. Staff looked at the site and found some drainage and ponding occurring. There is supposed to be a drainage swale to take the drainage to 143rd Lane which is not operating as it was intended. Old Colony Estates was built in 1988 and the adjacent development of Creek View Crossing was constructed in 1990. The developers of those additions have indicated a willingness to correct the situation. He is confident that they will be able to rectify the situation in working with the Staff, developers and neighborhood. It appears that as the different houses were built, the spoil was placed in the drainage area and never removed, but it is difficult to pinpoint who is responsible for the problem. Paul Bodine, 14281 Zilla Street NW - stated the flooding happens not only in the spring but during heavy rains throughout the summer as well. __ _. ·4___"· _ ___ _... _~_ ..____. Regular Andover City Council Meeting Minutes - April 4, 1995 Page 6 (Old Colony Estates Drainage/Bodine, Continued) His garden in the back gets flooded. This spring the water was 17 inches deep. His back yard is ruined, grass won't grow, and his garden gets flooded out. He moved there in 1991 and is the first owner of the home. In the summer it pools to within seven feet of his house. Mr. Erickson explained some of the options that may be available to resolve the problem. The Council agreed to allow the Staff to work with the developers to resolve the problem. If they cannot, Mr. Erickson agreed to bring the item back for Council consideration. DRAINAGE/2215 145TH AVENUE NW/PLATZ Mayor McKelvey stated the residents in the area have asked that this item be tabled. MOTION by Jacobson, Seconded by Dehn, to table Item No. 7 to the next scheduled meeting of the City Council. Motion carried unanimously. CONSIDER MSA ASSESSMENT POLICY CHANGE Mr. Erickson asked for direction on possible revisions to the existing MSA Assessment Policy to provide a more acceptable method of cost sharing for these projects. He reviewed three suggestions for consideration: split the unreimbursable costs incurred by the City with the property owners on a 50/50 basis; establish a flat assessment rate for each lot or potential lot adjacent any MSA street to be constructed; have the City pay for all costs associated with an MSA project. Council discussed the pros and cons of the suggestions, the problems that have occurred with the existing policy on projects such as the Tulip Street improvement, the fact that fewer roads could be constructed if nothing is assessed for MSA streets, the problem with assessing for "potential" lots and the desire not to force people to develop just because the City improves the road across farmland, and the drawbacks of placing an assessment against farmland even if it is deferred. The Council asked how many mOre MSA streets are really needed in the City, as some felt there were very few potential roads left that could be constructed. Mr. Erickson noted there are some east-west designated routes that could potentially be constructed; but there are some that must be totally reconstructed, which also comes out of the City's MSA allotment. The Council wondered if some of the road designations where there are no streets now could be redesignated to existing streets. MOTION by Dehn, Seconded by Kunza, that we have Staff take another look at the MSA assessment policy changes and also a presentation of how many MSA streets that exist in the City and what is necessary for completion of all potential streets as well; and bring it back within two weeks. If the Road Committee or any Councilmembers have any more suggestions, that can be included. Motion carried unanimously. Regular Andover City Council Meeting Minutes - April 4, 1995 Page 7 APPROVE ORDINANCE 10 AMENDMENTS Discussion was on Page 8, Subdivision B.4. Mr. Erickson stated the intent is that when a City street improvement project is done, the driveways are paved up to the property line. MOTION by Jacobson, Seconded by Knight, approval of the changes and amendments to Ordinance No. 10 as presented under Agenda Item No.9 this evening. Motion carried unanimously. SEWER AND WATERMAIN EXTENSION/MARK MENTHE/14122 PRAIRIE ROAD Mr. Erickson explained Mark Menthe, 14122 prairie Road, has petitioned for the improvements of watermain and sanitary sewer to be installed across his property at this time. Mr. Menthe has a 2.7-acre parcel adjacent to Crown Pointe East, and the improvements would allow future developable lots. Mr. Erickson showed a sketch showing the possibility of six lots on that parcel. If the Council approves, the improvements would be done as a change order to the Crown pointe East utility contract. Secondly, Mr. Menthe is asking the City Council to defer the assessments until the plat comes before the City. In the past, interest has been charged when assessments have been deferred, so there is no cost to the City. The estimated cost of the improvements is $20,000. The Council generally did not favor a deferment for the assessments, as they did not see a benefit to the City. In the past, deferments were given when the City installed utilities as a part of the overall plan for their extension as was done on 140th Lane; however, in this case the utilities would only serve the Menthe property and would not benefit the City since the line would not be extended any further. The Council reasoned a deferment may be allowed if the utilities would be extended east to Prairie Road to eventually loop the entire system. Mr. Erickson stated they can look at that, though he thought the intent was to serve the area along Prairie Road off the trunk at 140th Lane. MOTION by Jacobson, Seconded by Dehn, the request of Mark Menthe of 14122 prairie Road, Andover, who has petitioned for improvements of water and sewer against his property as a change order to Project 94-22, that the Council approve the change order but denies the deferment of any assessments against the property. The property shall be treated in a normal manner. This would be subject to Mr. Menthe's supplying to the City the necessary easements for the construction of the improvements prior to any work being done. If he does not agree to them, the City would not construct the utilities. (See Resolution R050-95) Motion carried unanimously. Later in the meeting Mr. Erickson noted Mr. Menthe came to the meeting late. When he explained the Council's decision to Mr. Menthe, the question arose as to whether the assessments would be 10 or 15 years. The Council felt the normal assessment policy for residential property should be followed, which is for 10 years. Regular Andover City Council Meeting Minutes - April 4, 1995 Page 8 LABOR CONTRACT UPDATE Mr. Fursman stated as soon as he gets a copy of the contract, he will place the item on the Agenda for Council ratification. SET MEETING WITH BKPR/CITY HALL Mr. Fursman explained the architects are ready to show the proposal for the new City Ha11 and to discuss the procedure at this point. The Council agreed to a Special Meeting to be held on Thursday, April 6, 1995, 7:30 p.m., at Fire Station No. 1. PERSONNEL POLICY REWRITE Mr. Fursman stated major modifications are needed to the City's personnel policy. This can be done either by having Staff gather new policies from other cities and simply copy them or to hire a personnel consultant to write a personnel policy for the City, which is estimated to cost $5,000 to $10,000. Given the legislation being proposed which would have a large negative impact on the City, he was inclined to have Staff gather some recent policies from other cities and attempt to write a personnel policy for Andover. Council suggestions were also to have the Personnel Committee work on a policy after the Staff obtains copies from other cities and to contact neighboring cities to see if they are interested in working on a policy together and sharing the cost. MOTION by Knight, Seconded by Dehn, that we direct the City Administrator to collect newer policies from whatever cities he can find that would be comparable, as well as to contact neighboring cities to consider the possibility of sharing the costs of developing a personnel policy and get back to the Council for further direction after that. Motion carried unanimously. MAYOR/COUNCIL INPUT Externalities - Councilmember Knight noted the City of Ramsey is initiating the same process the Council has asked the Planning Commission to consider in terms of long-term City planning. He felt the City should be proceeding with some degree of urgency on this matter. Getting Information to the Residents - Councilmember Kunza stated he is still receiving many calls about the lack of coverage of the Andover news. The Council discussed various options, then directed Staff to determine the costs of mailing the newsletter to every resident in the City. Mayor McKelvey stated he will ask the Andover Lions if they would be willing to earmark a portion of the proceeds from the pull-tabs to cover the cost of mailing the next newsletter, which will contain information about the special election to be held on May 9, 1995. He will also see if they would be willing to fund the mailing of the remaining newsletters for this year. -- - Regular Andover City Council Meeting Minutes - April 4, 1995 Page 9 (Mayor/Council Input, Continued) Snowmobile Task Force Update - Councilmember Dehn reported on the last meeting held by the Snowmobile Task Force. They are checking into designating certain areas in the City for trails, at implementing a snowmobile patrol as is done in Champlin, and designating highly traveled roads where snowmobiles will not be allowed to travel. A specific phone number will be available for the 1995-1996 season for snowmobile complaints. EDA Purchase of Properties Update - Attorney Hawkins summarized the status of the EDA's quest to purchase those "junkyard" properties south of Bunker Lake Boulevard. David Heidelberger has a contract, which he has not yet signed. It is anticipated the negotiations will then be finalized on the Rick Heidelberger and Marian Heidelberger properties after that. There is also a meeting tomorrow on the Sandeen property. PAYMENT OF CLAIMS MOTION by Jacobson, Seconded by Dehn, approval of the claims as presented. Motion carried unanimously. UPDATE OF SENATE TAX COMMITTEE HEARING Mr. Fursman explained he testified before the full Senate Tax Committee this evening. The proposed bill would freeze taxes for 1996. The implications for Andover is not only a tax freeze, but it also freezes the amount the City can levy. The City will not be able to add the growth valuation in 1996, plus there will be a cut in local government aid. There is also a provision that would not allow any special levy referendum vote until the regular election date in November, which would include the park bond election scheduled for May 9. He did not know what will happen with that election because the City will be accepting absentee voting this week. Council recessed to hold an Executive Session with the City Attorney, 9:52 p.m.; reconvened at 10:25 p.m. MOTION by Dehn, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting adjourned at 10:25 p.m. Respectfully submitted, ~~,~~~ 'emtory _.