HomeMy WebLinkAboutCC February 7, 1995
I
CITY of ANDOVER
Regular City Council Meeting - February 7, 1995
Call to Order - 8:01 P.M.
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Discussion Items
1. Receive Supplemental Feasibility Report/Crown pointe East/
94-22
2. Approve Revised preliminary plat Resolution/Crown pointe East
3. Approve Final Plat/Crown pointe East
4. Approve Development Contract/Crown pointe East
5. Discuss Right-of-Way Purchase/94-18/Trunk Sewer Extension
6. Approve Feasibility Report/Well #5/94-32
7. Special Use Permit/Real Estate Sign/Jonathan Woods "
8. Special Use Permit/Real Estate Sign/Foxberry Farms
9. Lot Split/Leroy Johnson
10. Discussion/Septic Inspections/Met Council
HRA Meeting
11. Public Hearing/1995 CDBG Budget
12. Appoint HRA Officers
Reports of Staff, Committees, Commissions
13. Approve Fire Department Election Results
14. HazMat Assessment Team/Fire Department
15. Canvas Election Results
16. Ordinance 56 Amendment/Sunday Liquor
17. Approve 1995 Cigarette License/Andover Spur
Non-Discussion/Consent Items
18. Kennel License Renewal/Hobnail Dalmatians
19. Receive Fire Department Annual Report
20. Adopt Resolution/Intent to Bond/CIP
21. Authorize Springsted/CIP Bonding and Equipment Cert.
22. Proclamation/Volunteers of America Week
Mayor-Council Input
Payment of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 7, 1995
TABLE OF CONTENTS
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AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · 1
CONSENT AGENDA
Resolution R014-95 approving HazMat Assessment Team/Fire Dept 1
Kennel license renewal/Hobnail Dalmatians · · · · · · · · · 1
Receive Fire Department annual report · · · · · · · · · · · 1
Authorize Springsted CIP bonding and equipment certificates 1
Proclamation/Volunteers of America Week · · · · · · · · · 1
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · 1
RECEIVE SUPPLEMENTAL FEASIBILITY REPORT/APPROVE REVISED PRELIMINARY
PLAT/APPROVE FINAL PLAT/APPROVE DEVELOPMENT CONTRACT - CROWN
POINTE EAST - IP94-22
Motion to table to February 21 · · · · · · · · · · · · · · 2
DISCUSS RIGHT-OF-WAY PURCHASE/IP94-18/TRUNK SEWER EXTENSION . · 2
Motion to table_to_February.21 · · ...,6 · · · · · · · · · · 3
FEASIBILITY REPORT/WELL #5/IP94-32 · · · · · · · · · · · · · · · 3
Resolution R015-95 accepting feasibility · · · · · · · · · · 4
SPECIAL USE PERMITS/REAL ESTATE SIGNS - JONATHAN WOODS AND
FOXBERRY FARMS
Resolution R016-95 approving Permit for Jonathan Woods · · · 4
Resolution R017-95 approving Permit for Foxberry Farms · · · 4
LOT SPLIT/LEROY JOHNSON . · · · · · · · · · · · · · · · · · · · · 4
Resolution R018-95 granting the lot split 5 ,
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DISCUSSION/SEPTIC INSPECTIONS/METROPOLITAN COUNCIL · · · · · · · 5
HIRING VERIFICATION/FINANCE DIRECTOR
Motion to approve agreement · · · · · · · · · · · · · · · · · 5
ANDOVER FIRE DEPARTMENT ELECTION RESULTS · · · · · · · · · · · · 5
Motion to approve election results · · · · · · · · · · · · · 6
CANVAS ELECTION RESULTS
Resolution R019-95 canvassing results · · · · · · · · · · · 6
1995 CIGARETTE LICENSE/ANDOVER SPUR
Motion to approve · · · · · · · · · · · · · · · · · · · · · · 7
RESOLUTION/INTENT TO BOND/CIP
Motion to approve · · · · · · · · · · · · · · · · · · · · · · 7
MAYOR/COUNCIL INPUT
Information to the Public · · · · · · · · · · · · · · · · · · 7
North Metro Mayors' Association's Press Release · · · · · · · 8
Schedule Special Meeting on City Hall Update (February 23) · 8
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 8
ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 8
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"'.....", ,,-.' '1'>;' REGULAR CITY COUNCIL MEETING - FEBRUARY 7, 1995
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on February 7, 1995, 8:01 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
City Planning Director, Dave Carlberg
City Finance Director, Jean Nichols
City Administrator, Richard Fursman
Others
AGENDA APPROVAL
Move Item 14, HazMat Assessment Team/Fire Department, to the Consent
Agenda. Add Item 10A, Hiring Verification/Finance Director, to the
Agenda. Mayor McKelvey asked for a motion to approve the Agenda as
amended.
MOTION by Knight, Seconded by Dehn, to so move. Motion carried
unanimously.
CONSENT AGENDA
Item 14 HazMat Assessment Team/Fire Department (See Resolution
ROI4-95)
Item 18 Kennel License Renewal/Hobnail Dalmatians
Item 19 Receive Fire Department Annual Report
Item 21 Authorize Springsted CIP Bonding and Equipment
Certificates
Item 22 Proclamation/Volunteers of America Week
MOTION by Jacobson, Seconded by Kunza, to approve the Consent Agenda.
Motion carried unanimously.
APPROVAL OF MINUTES
January 5, 1995, Economic Development Authority: Correct as written.
January 12, 1995, Special Meeting: Correct as written.
January 17, 1995, HRA: Correct as written.
January 17, 1995, Regular Meeting: Correct as written.
MOTION by Knight, Seconded by Kunza, approval of the January 5 and
January 17 meetings. Motion carried unanimously.
MOTION by Dehn, Seconded by Kunza, adopt the Special City Council
meeting Minutes for January 12 as presented. Motion carried on a 4-Yes,
I-Present (Jacobson) vote. f¥\~ ~--~"" :tl~ll'lç
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Regular Andover City Council Meeting
Minutes - February 7, 1995
Page 2
RECEIVE SUPPLEMENTAL FEASIBILITY REPORT/APPROVE REVISED PRELIMINARY PLAT
RESOLUTION/APPROVE FINAL PLAT/APPROVE DEVELOPMENT CONTRACT - CROWN
POINTE EAST - IP94-22
Mayor McKelvey noted the request from Jerry Windschitl, Ashford
Development, to table these items.
MOTION by Jacobson, Seconded by Dehn, to table Items 1, 2, 3, and 4 to
the next regularly scheduled meeting of the Council, February 21.
Motion carried unanimously.
DISCUSS RIGHT-OF-WAY PURCHASE/IP94-18/TRUNK SEWER EXTENSION
Mr. Erickson explained TKDA is preparing the plans and specifications
for the extension of the sanitary sewer and watermain, Project 94-18,
from its existing location south of Andover Elementary School north to
the school property located north of the City Hall/park property. It
will be necessary to obtain easement to facilitate the construction.
The Andover Review Committee reviewed the proposed pipe alignment north
of Crosstown Boulevard in relation to adjacent areas. The alignment
would be a viable future location for a street extension; therefore, it
may be appropriate to purchase the land as right of way instead of
easement at this time. The Committee also evaluated the possible
purchase of the parcel addressed 1813 Crosstown Boulevard NW as a part
of that right of way. presently there is a residence on the parcel
which is being rented. If it is purchased, the remainder of the parcel
can be used for future Public Works activities or made available for
future development. A 60-foot utility easement will be necessary for
that construction due to the depth of the sanitary sewer trunk, and it
would all be located on the property immediately west of that owned by
the City.
Mr. Erickson suggested authorization be given to get an appraisal for
the cost of the easement and direction as to whether it should be
purchased as just a utility easement or a road right of way for a future
street. He also asked for direction to discuss the purchase of the
property with the property owners. Attorney Hawkins advised that
because the parcel to the north is in Ag Preserve, the City can still
acquire the easement through either purchase or eminent domain, but it
cannot assess for sewer and water utilities. He is getting ready to
file for eminent domain proceedings on other parcels, and it would be a
considerable cost savings to include this land now rather than do a
separate condemnation if needed in the future. He would start the
action for the appraisal and begin negotiations at the same time. If
the property cannot be acquired through negotiations, the condemnation
will already be in place. There is also a concern with timing and the
need to have the easement in place before construction begins.
The Council expressed concern with proceeding with condemnation or
appraisals before even approaching the property owners. The City owes
it to the property owners to approach them first. There was also a
question as to the need for 1813 Crosstown Boulevard and why property
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Regular Andover City Council Meeting
Minutes - February 7, 1995
Page 3
(Discuss Right-of-Way Purchase/IP94-18/Trunk Sewer Extension, Continued)
should be acquired that is not needed. They also asked if it would be
possible to move some of that easement east onto City property. Mr.
Erickson stated that was evaluated. While it would be possible to
encroach onto the City property by 20 feet, the recommendation has been
to take all of the easement from the adjacent property.
Councilmember Jacobson asked about the proximity of the sanitary sewer
trunk line to the proposed Well No.5, concerned with potential
contamination if the line broke so close to the City water system. Mr.
Erickson stated that was discussed with TKDA. There will be a 70-foot
buffer between the pipe and the well, so there will be no impact.
The Council did not wish to proceed with an appraisal or eminent domain
on the easement until the property owners have been approached. Also,
they did not feel a need to purchase road right of way but only an
easement for utilities.
MOTION by Jacobson, Seconded by Dehn, to take this agenda item and put
it on the next Council meeting to allow Staff to contact the property
owners and discuss the possible purchase price and come back to the next
meeting. DISCUSSION: There was continued discussion on the problems
with installing a road from Crosstown Boulevard north to the edge of the
City property. Generally roads are installed by the developer. Also,
the amount of assessable property is very limited because one side is
City property. It was felt a road easement could be obtained later or
require it to be part of the platting process at the time of
development. Mr. Fursman stated the request for eminent domain took on
a sense of urgency because of the significant cost savings by including
this will others. Also, Staff did not approach the property owners,
waiting to get direction from the Council first. They will contact the
owners, but he felt it is important that action then be taken at the
February 21 meeting.
Rick Heidelberqer - did not feel it is appropriate for the Council to
order condemnation of a person's property without first talking to
him/her. He also accused the City of labeling these items on the Agenda
in such a manner that people are not aware of what is being discussed.
In this case, neither property owner would be able to discern the
substance of the discussion, that is the intent to take their property
for easement. He felt these are questionable tactics taken by the City
and suggested there be some requirement that affected property owners be
contacted prior to it being placed on a Council agenda. Council noted
the reason for postponing action on the request is to discuss it with
the property owners first. Mayor McKelvey also noted he did talk with
the property owners about the potential of obtaining an easement through
their properties. Motion carried unanimously.
APPROVE FEASIBILITY REPORT/WELL #5/IP94-32
Mr. Erickson reviewed the feasibility report for the construction of
Municipal Well #5 to be located in the northwest corner of the City-
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Regular Andover City Council Meeting
Minutes - February 7, 1995
Page 4
(Approve Feasibility Report/Wel #5/IP94-31, Continued)
owned property behind the Public Works Garage. The well would be
installed in the Ironton/Gelesville aquifer at a depth similar to the
existing Well #4, approximately 332 feet below the surface, and at the
same pumping rate of 1,000 gallons per minute. It would be a
submersible-type installation which does not require a pumphouse to be
constructed, affecting a sizeable cost savings. A line would be run
from Well #5 to the pumphouse at Well #4. Typically TKDA has been
responsible for obtaining the necessary permits. The estimated well
construction cost is $172,700, which would come out of the City's Trunk
Water Fund. There is money available in that fund for this project.
The intent is that TKDA would do the plans and specifications. Once the
well is installed, it triggers the need for a Wellhead Protection Plan.
The City has two years to get that in place, and BRA is working on it
now.
Mr. Erickson stated the 1,000- to 1,500-ga1lon-per-minute flow is what
can be expected from this aquifer. This will augment the existing water
supply, which runs at maximum during the summer. With the construction
of additional houses, the Comprehensive Plan calls for between four and
five additional wells. It is expected that Pumphouse #4 can only handle
two wells.
MOTION by Jacobson, Seconded by Knight, the Resolution accepting
feasibility study, ordering improvement and directing preparation of
plans and specifications for the improvement of proj ect 94-32 for
Municipal Well #5. (See Resolution R015-95) Motion carried
unanimously.
SPECIAL USE PERMITS/REAL ESTATE SIGNS - JONATHAN WOODS AND FOXBERRY
FARMS
MOTION by Jacobson, Seconded by Dehn, to approve Items 7 and 8 with one
change in each Resolution, that is under Item 3, "The sign area shall
not exceed 4 x 8 feet as presented by the applicants." (See Resolution
R016-95 granting the Special Use Permit request of Edina Realty, Inc.,
to erect a real estate sign on Lot 1, Block 1, Jonathan Woods; and
Resolution R017-95 granting the Special Use Permit request of Contractor
property Developers Company to erect a real estate sign on Lot 8, Block
3, Foxberry Farms) Motion carried unanimously.
LOT SPLIT/LEROY JOHNSON
Councilmember Jacobson did not object to the lot split, but suggested a
stipulation be placed in the Resolution that it be approved contingent
upon the southern parcel being combined with another parcel which does
have access before anything is allowed on that parcel. As it is, the
lot split creates a landlocked parcel, though he understood the reason
for it. Mr. Johnson was in the audience and stated he would agree to
that stipulation.
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Regular Andover City Council Meeting
Minutes - February 7, 1995
Page 5
(Lot Split/LeRoy Johnson, Continued)
Mr. Carlberg also explained that currently there is only 33 feet of
easement for Butternut Street, all of which is located on Mr. Johnson's
property on the east side. Because it would be difficult to obtain the
remaining 33 feet to the west with the existence of houses on that side,
the suggestion has been to obtain 16 1/2 feet of additional easement
from Mr. Johnson's parcel at this time. The Road Committee will be
looking at the possibility of extending Butternut across the creek for
future access. If that occurs, the remaining 16 1/2 feet needed would
then be taken from the west side.
MOTION by Knight, Seconded by Dehn, the,· Resolution granting the lot
split request of LeRoy Johnson to create two parcels pursuant to
Ordinance No. 40. (See Resolution R018-95) Motion carried on a 4-Yes,
I-No (Jacobson as he felt the southern parcel needs to be tied to
another so it is not landlocked) vote. No action was taken on the issue
of additional road easement.
DISCUSSION/SEPTIC INSPECTIONS/METROPOLITAN COUNCIL
Mr. Carlberg explained the Staff has not received additional information
on this issue. A meeting is being arranged through the North Metro
Mayors' Association between the various cities and Metropolitan Council
representatives. Mayor McKelvey hoped to have more information on this
following the February 15 meeting of the NMMA. Mr. Carlberg stated he
will update the Council on this and on the results of the City of
Ramsey's request for MUSA expansion at the February 21 Council meeting.
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HIRING VERIFICATION/FINANCE DIRECTOR
Mr. Fursman noted the conditions of employment for Jean Nichols for the
position of City Finance Director. The compensation rate is set at
$48,000 to start, increasing to $50,000 following a successful
probationary period. An adjustment to $54,000 in one year will be
granted provided a satisfactory review is received. Mayor McKelvey
asked for a motion to approve the agreement.
MOTION by Dehn, Seconded by Kunza, to so move. Motion carried
unanimously.
The meeting was adjourned at 9:04 to conduct an HRA meeting; reconvened
at 9:17 p.m.
APPROVE FIRE DEPARTMENT ELECTION RESULTS
Mayor McKelvey noted Dale Mashuga is one of the people still being
considered for the Fire Chief's position and asked why he would want to
be appointed as Assistant Fire Chief.
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Regular Andover City Council Meeting
Minutes - February 7, 1995
Page 6
(Approve Fire Department Election Results, Continued)
Fire Chief Dale Mashuga explained the Department was required to change
their Constitution, which had to be done at the annual meeting. By doing
that, there was no way to vote for the Chief. He was nominated for the
Assistant Chief. If he is chosen as Chief, there is a provision in the
Constitution to have another election. The Department is doing what the
Constitution calls for. Mayor McKelvey wanted to see the approval of the
results of the election tabled to the next meeting and the present
officers maintain those positions until the new chief is appointed.
Counci1member Dehn asked if the Constitution allows for this extension.
Chief Mashuga stated if "the Assistant Chief stays in there, he is still
Acting Chief. It doesn't really matter. He stated he is not holding
two position. At the time the election is approved, he would no longer
be Chief but the Assistant Chief and Acting Fire Chief. Councilmember
Jacobson asked if it would be a problem being Assistant Chief if he is
not chosen as the Fire Chief.
Chief Mashuga stated he would be working for someone who is trained for
the job. It would not be that person's fault if he does not get the job.
The results of the election do not take effect until the Council
approves it. He didn't see the advantage of delaying this, as he would
still be Acting Chief in either case.
Councilmember Jacobson stated technically there is no Fire Chief since
the new ordinance was adopted. The election resulted in electing an
Assistant Chief which fills in as Chief in its absence. The Department's
Constitution calls for them to elect those positions; and he didn't know
what authority the Council has in saying no to those who elected these
people. The Council needs a good reason, such as malfeasance, for not
approving it. Mayor McKelvey asked if the secretary is a firefighter.
Chief Mshuga stated she is the Department's part-time secretary, is now
the secretary to the Fire Department and is a probationary firefighter.
MOTION by Knight, Seconded by Jacobson, that we accept the election
results for the Fire Department as this time.Motion carried unanimously.
CANVAS ELECTION RESULTS
City Clerk Vicki Volk reported the results of today's election for
Sunday liquor. There were 645 voters, 318 voting Yes, 327 voting No. A
recount is not generally done, though Mr. Povlitzki could request one at
his own expense.
MOTION by Jacobson, Seconded by Dehn, that based upon the numbers
furnished to the Council by the City Clerk on the question of voting for
the granting of the sale of Intoxicating Liquor on Sunday in the City of
Andover, the vote total of 645; voting in favor, 318; voting no, 327.
Move that the canvas of the results be adopted by the City Council.
(See Resolution R019-95) Motion carried unanimously.
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Regular Andover City Council Meeting
Minutes - February 7, 1995
Page 7
APPROVE 1995 CIGARETTE LICENSE/ANDOVER SPUR
MOTION by Knight, Seconded by Kunza, to approve the 1995 cigarette
license for Andover Spur upon verification that the applicant does have
the authority from the corporation to apply for such license. Motion
carried on a 4-Yes, I-No (Jacobson) vote.
ADOPT RESOLUTION/INTENT TO BOND/CIP ,
Councilmember Jacobson questioned the inclusion of $769,000 for the
Tulip Street project in the Bonding Resolution when the Council
terminated the project last month. He suggested that amount be stricken
and the total amount reduced. Mr. Erickson stated he has received
several phone calls from residents on Tulip Street asking the Staff to
look at other possible assessments to bring the costs down for the
residents. Many are not opposed to the street but to the high
assessment. He asked for Council direction. Councilmember Dehn stated
she talked with several neighbors within the last two weeks, and one of
the main concerns is that an upgrade of Tulip will increase the traffic
on it. It is now a rural road with children playing on it; and one of
the advantages is the light traffic. There was also an indication that
if the assessment were lower, they would reconsider it. She is still
concerned with the estimated cost, thinking it will cost considerably
more because of the soils and storm drainage through there. Mayor
McKelvey stated Public Works has told him it costs $20,000 to $25,000
per year for maintenance on Tulip, which includes grading, rock and fill
on the northern end, etc. Councilmember Dehn questioned that amount,
noting for many years nothing was done out there. It has only been the
last two to four years that sand was dumped on the road and now some
gravel.
Mr. Fursman stated the intent of the Resolution would not obligate the
City to bond for that money. Passing this will not tie the City to that
bonding amount. The Council then generally felt if the money is needed
for Tulip Street in the future, it can be bonded for at that time.
Since the project was terminated, the $769,000 should be subtracted from
the total amount.
MOTION by Jacobson, Seconded by Knight, approve Item No. 20 on the
Agenda, Intent to Bond, Exhibit A presented by Staff, minus the $769,000
which was listed for Tulip Street, IP#94-16. Motion carried on a 4-Yes,
I-Abstain (Dehn as she is directly affected) vote.
MAYOR/COUNCIL INPUT
Information to the Public - Councilmember Kunza noted many people were
unaware of the special election today, asking how much it would cost to
brings these issues to the residents, such as additional newsletters.
He noted that he and many of his neighbors have not received a
newsletter from the City for about a year. Mr. Carlberg noted the
newsletter is distributed through the Anoka County Shopper. He will ,
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Regular Andover City Council Meeting
Minutes - February 7, 1995
Page 8
(Mayor/Council Input, Continued)
contact them to find out why some people are not receiving the
newsletter. Councilmember Jacobson reported that by this time next year
the cable company will provide each house in Andover where cable goes in
front with free service to the public access channels. About half of
the people in the City front on cable. This is the first system in the
United States to do that. Several comments were made on the problems
with residents receiving the signals for the Council and Commission
meetings. Councilmember Jacobson agreed to check on that further. No
specific action was taken.
North Metro Mayors' Association's Press Release - Councilmember Knight
stated he was not happy with the draft of a press release by the NMMA,
thinking it was very political. He felt that organization is not
supposed to be political because it is tax payer funded and should not
be used to fund one person's political ambitions. The others agreed,
but it was noted that the draft was never released to the public.
Schedule Special Meeting on city Hall Update - Mr. Fursman suggested the
City Council set a special meeting to meet with those who have been
working on the Needs Assessment for the City Hall. He felt it is
necessary to get Council input and direction before proceeding with the
process. He also explained he had asked for cost estimates to remodel
the existing facilities. He was told it is impossible to do, that in
order to refurbish this building, it would have to be taken down first.
Additional space cannot be added without bring it up to Code, as it is
currently a nonconforming building. He has been told that option is ,
completely unfeasible and not worth considering. Also, the two previous
Councilmembers have been working on this and are interested in being
adjunct members of the critique team. He suggested they be specifically
invited to that special meeting. The Council agreed to hold a special
meeting on Thursday, February 23, 7:00 p.m., for a City Hall Update.
APPROVAL OF CLAIMS
MOTION by Jacobson, Seconded by Knight, on the Claims as presented by
Staff for Edit List #1 and Edit List #2, total $174,076.81 as presented.
Motion carried unanimously.
MOTION by Dehn, Seconded by Jacobson, to adjourn. Motion carried
unanimously.
The meeting was adjourned at 10:10 p.m.
Res~~~ ,
~la A. Peach
Recording Secretary
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