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HomeMy WebLinkAboutCC January 17, 1995 I \ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - January 17, 1995 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Organizational Items - 1. Appoint Council Representative/Anoka County HRA " 2. Appoint Planning Commission Members & Chairs Discussion Items 3. Public Hearing/94-16/Tulip street NW 4. Sketch plan/Timber Meadows 3rd Addition 5. Cecil Heidelberger Abatement of Assessment 6. Approve Revised Grading, Drainage & Erosion Control ( plan/Foxberry Farms HRA Meeting 7. Reallocate CDBG Funds Reports of staff, Committees, Commissions 8. Approve User Fee/Softball, Baseball & Soccer Fields 9. Approve Sewer User Fee 10. Adopt Fire Department Ordinance 11. Finance Director Hiring 12. Exit Interview/Daryl Sulander Non-Discussion/Consent Items 13. Approve Plans & Specs/94-22/Crown Pointe East 14. Approve Plans & Specs/93-30/Bunker Lake Blvd. Frontage Road 15. Approve Change Order #1/94-2 & 94-17/Woodland Ponds 2nd Addition & Quickstrom's Addition 16. Approve Change Order #2/94-2 & 94-17/Woodland Ponds 2nd Addition & Quickstom's Addition 17. Approve Change Order #4/93-12/Hills of Bunker Lake 5th Addition 18. Hire Public works Employees 19. Greenwood Graphics ( 20. Appropriate Funding/City Hall Well Repair " Mayor/Council Input Payment of Claims Adjournment .~--~-~. - - -- - . [ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 17, 1995 TABLE OF CONTENTS AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R005-95 approving plans & specs/IP93-30 · · · · · 1 Resolution R006-95 approving change order #4/IP93-l2 · · · · 1 Hire Public Works employees (Jerry Kroll, Ronald Scott) · · · 1 Greenwood Graphics update · · · · · · · · · · · · · · · · · · 1 Appropriate funding for City Hall well repair ($1,167) · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 PUBLIC HEARING: IP94-16/TULIP STREET NW · · · · · · · · · · · · 2 Resolution R007-94 dropping project · · · · · · · · · · · · · 6 COUNCIL REPRESENTATIVE/ANOKA COUNTY HRA Motion to appoint Mike Knight · · · · · · · · · · · · · · · 7 PLANNING COMMISSION MEMBERS AND CHAIR Motion to reappoint Jay Squire to Commission and as Chair · · 7 Motion to reappoint Maynard Apel to Commission · · · · · · · 7 Motion to appoint Brian Barringer and Loran Wells (Dies fOr lack of a Second) · · · · · · · · · · · · · · · · · · · · 7 Motion to appoint Jeffrey Leudtke and Catherine Doucette · · 7 Motion to note term of Leudtke to 12/31/96 and Doucette to 12-31-95 · · · · · · · · · · · · · · · · · · · · · · · 7 SKETCH PLAN/TIMBER MEADOWS 3RD ADDITION . · · · · · · · · · · · 7 CECIL HEIDELBERGER ABATEMENT OF ASSESSMENT Motion to table for one month · · · · · · · · · · · · · · · · 9 REVISED GRADING, DRAINAGE & EROSION CONTROL PLAN/FOXBERRY FARMS · 9 Resolution R008-94 approving plan · · · · · · · · · · · · · · 10 REPORTS OF STAFF, COMMITTEES, COMMISSIONS Resolution R009-95 approving user fee/softball, baseball, and soccer fields · · · · · · · · · · · · · · · · · · · 11 Resolution R010-95 approving sewer user fees · · · · · · · · 11 Adopt Fire Department Ordinance · · · · · · · · · · · · · · · 11 Finance Director hiring of Jean Nichols and set date to interview Fire Chief candidates (February 9, 1995) · · 11 EXIT INTERVIEW/DARYL SULANDER . · · · · · · · · · · · · · · · · · 11 SCHEDULE BOARD OF REVIEW (Thursday, April 13, 1995) · · · · · · · 12 PLANS & SPECS/IP94-22/CROWN POINTE EAST . · · · · · · · · · · · · 12 Resolution R011-95 approving final plans · · · · · · · · · · 13 CHANGE ORDER #1 AND #1/IP94-2 & IP94-17/WOODLAND PONDS 2ND ADDITION AND QUICKSTROM'S ADDITION Resolution R012-95 approving Change Order #1 · · · · · · · · 13 Resolution R013-95 approving Change Order #2 · · · · · · · · 13 MAYOR/COUNCIL INPUT City Hall Update · · · · · · · · · · · · · · · · · · · · · · 13 Committee to Review Ordinances · · · · · · · · · · · · · · · 13 Response to Letter/Assessments in Kensington Estates · · · · 13 Auto Salvage Yards Update · · · · · · · · · · · · · · · · · · 13 PAYMENT OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 13 ~---- - - if /';:'""''~''' ~pp-ro-ved ,;¡.1ll c:s i'~'>(, I /I' ~,CITY of ANDOVER \\,.J.. , .,;1 1685 CROSSTOWN BOULEVARD N.W. ' ANDOVER, MINNESOTA 55304 . (612) 755·5100 "", .",',- ',. ",:<", REGULAR CITY COUNCIL MEETING - JANUARY 17, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on January 17, 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 Assistant City Engineer, Todd Haas City Planning Director, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others AGENDA APPROVAL Add 12a, Schedule Board of Review; Remove from Consent Agenda to be discussed Items 13, Approve Plans & Specs/IP94-22/Crown Pointe East, Item 15, Approve Change Order #1/IP94-2 & IP94-17/Woodland Ponds 2nd Addi tion & Quickstrom' s Addition; and Item 16, Approve Change Order #1/IP94-2 & IP94-17/Woodland Ponds 2nd Addition & Quickstrom's Addition. Hear Discussion Item 1, Public Hearing!IP94-16/Tulip Street NW, as first order of business. 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 MOTION by Jacobson, Seconded by Knight, approval of the Consent Agenda (See Items: 14. Approve Plans & Specs!IP93-30/Bunker Lake Boulevard Frontage Road (See Resolution R005-95) 17. Approve Change Order #4/IP93-12/Hills of Bunker Lake 5th Addition (See Resolution R006-95) 18. Hire Public Works Employees (Jerry Kroll, Public Works Maintenance for Water/Sewer, and Ronald Scott, Public Works Maintenance for Streets and Highways) 19. Greenwood Graphics Update 20. Appropriate Funding/City Hall Well Repair ($1,167 from General Fund contingency account) Motion carried unanimously. I'<\~ ~ qr. ~11'1,{ ,- ---.--. --- ~ ---- l Regular Andover City Council Meeting Minutes - January 17, 1995 Page 2 APPROVAL OF MINUTES January 3, 1995, Regular Meeting: Correct as written. MOTION by Knight, Seconded by Kunza, approval of the Meeting Minutes for January 3. Motion carried unanimously. PUBLIC HEARING: IP94-16/TULIP STREET NW 7:07 P.M. Mr. Erickson explained the Road Committee named Tulip Street as the Number 1 priority for reconstruction. A feasibility study was done describing the project and suggesting the funding come from State Aid funds and through assessments. Tom Syfko, BRA Engineer, gave a detailed report of the project itself, the typical street section and recommended storm sewer construction, noting the concerns of the road being a high maintenance problem, the poor drainage, and the dangerous curve on the southern end. All drainage would eventually end up in the county ditch to the west. Right-of-way easement acquisition will be required. The total estimated project cost is $769,000, all proposed to be paid by MSA funds except $117,600 which is not eligible for MSA and which would be assessed to the abutting properties. The assessable amount is proposed to be distributed among 23 units at a cost of $5,113 per unit, plus four corner lots proposed to be assessed one-half the unit cost. The units are what is thought to be buildable areas, taking out the non-buildable land. If ordered, the construction is proposed to begin in June and be completed in September, 1995. Mayor McKelvey asked why concrete curb and gutter would be used rather than the raised bituminous, which would be less costly. The Engineers explained that has been the policy on MSA streets, they last longer, and they thought the State would not approve the raised bituminous berm. It is also a cost that is picked up by MSA funds and would not affect the amount to be assessed. Mayor McKelvey asked why the price on this project is much higher than on other State Aid projects. The Engineers explained it is due to the limited number of units that are assessable. Knowing the area, Councilmember Dehn asked if there is a guarantee that the price will not increase using the fabric. Mr. Syfko stated this is a feasibility, so the costs cannot be guaranteed; but generally they give conservative estimates. Based on previous soil borings in the vicinity, they know a certain amount of the roadway will need subgrade excavation and sand added. The fabric was placed in the feasibility study as an extra to be sure there was enough dollars in the estimate. There is no intent to use the fabric to float the road over the peat or swamp area but only to use if it is too wet while excavating. The intent is to excavate to the sand and put in a granular base; however, that will determined in the final design. ..---- \ Regular Andover City Council Meeting Minutes - January 17, 1995 Page 3 (Public Hearing: IP94-16/Tulip Street, Continued) Councilmember Jacobson suggested the curve on the southern end be straightened somewhat by moving east onto the City-owned property, which may also eliminate the problem of taking many trees in that area. Counci1member Dehn also noted that is a very hazardous curve. Mr. Syfko did not know which trees will need to be removed, but they will save as many as possible. Dollars are included in the feasibility for a retaining wall. He thought it would be possible to shuffle the road five to eight feet onto City property to reduce the severity of that curve. The roadway would be designed to meet State Aid standards for 30 mph, and that curve would be studied in the final design. The hearing was then opened for public testimony. Robert Connolly, 3300 Fillmore Street NE - has an interest in property on Tulip. What year were the houses developed along Tulip and who is proposing it be blacktopped? Councilmember Dehn explained it was originally a cartway, and the City took over the maintenance in 1971. At one point, the street actually closed for the winter at the top of the hill. There was a second road about 1/4 mile east on their property. Mayor McKelvey stated the City Council is proposing this project, which has now been brought to a public hearing for resident input. Mr. Connolly - understood the project must be bid and the lowest bid taken. what happens to the extra dollars if the bid is lower than the estimate. Do they have a right to vote? Mayor McKelvey explained this is only an estimate, and the amount assessed would be based on the actual costs. If the project bids are over 5 percent higher than the feasibility, the residents would be asked if they wished to proceed. The purpose of this hearing is to get the opinion of the residents. Mr. Connolly - explained right now the road is sand and absorbs the water, and the water does not lay on the ground. Blacktop does not last very long and can decay in as little as two years. He felt everything should be left as it is; don't mess with nature. Ken Kobs , 16738 Tulip Street NW - stated the street drops 13 to 16 feet in front of his lot from the blacktop because of erosion problems. Since he moved, he has gotten about 16 inches of dirt onto his lot from erosion. When the street is constructed, will that be filled in? Mr. Syfko explained there will be a boulevard area behind the curb which will be about 13 to 15 feet. Mr. Kobs - estimated that would take 15,000 yards of dirt to fill, which is a major extra cost not included in the feasibility. Mr. Syfko stated there will definitely be excess material on the job. Mr. Kobs - stated soil borings were taken when he developed his property, and there is water at four feet. Mr. Knoll's farm has train tile at about 10 feet. He was concerned that all of the storm water is to be drained through the ditch that abuts his property. Where will the sediment be going? Mr. Syfko stated it hasn't been determined if a sedimentation pond will be required. ... ---" - -- IT Regular Andover City Council Meeting Minutes - January 17, 1995 Page 4 (Public Hearing: IP94-16/Tulip Street, Continued) Mr. Kobs - stated he was required to have one when he developed his ' property, feeling the watershed will also require it of the City. Salt will also be running straight into the ditch and to the Rum River. Mr. Erickson stated they have already had discussions with the watershed regarding this, and the discussions have been that one will not be necessary. By having a hard surface, the amount of runoff is vastly reduced, and the basins will catch the debris. All of the watershed concerns will be addressed. Mr. Kobs - was also concerned that the estimated cost is more than twice what he was told it would be. When he developed his property, he asked City Hall what it would cost to upgrade Tulip. He was told it is an MSA street and that it wouldn't cost the residents more than $2,000 each. He passed that estimate on to those who purchased his lots; and this reflects poorly on his word to others. He thought the project is too expensive and believed there would be even more costs because of the bad soils. His vote would be against the project for both lots he owns. Pat Hanle, 16236 Tulip Street NW - stated the people end up in his front yard and run over his trees because of the sharp curve. That corner should be straightened out. He was also concerned with the county ditch taking all of that water. Now the water is being absorbed, but he predicted a problem with the road once it is all funneled to the ditch. He votes no to the project. If the people don't like to use Tulip because it is a dirt road, don't. Go down CoRd 9 instead. Bob Oie. 16212 Tulip Street NW - wondered why the road couldn't be moved onto the City's property to straighten out the curve. He asked if the easement is where the stakes are presently located. Mr. Erickson stated they will be looking to shift the road into the park property to straightened the curve. The stakes indicate the present right of way, and they will be determining the ultimate right of way. Mr. Oie - thought a good-sized retaining wall will be needed because of the slope at that point. He also asked if it is absolutely necessary to have all the storm sewer with this project. Can't it be blacktopped without it and eliminate it from the assessment? If they were to put a catch basin in the area of the City lot instead of storm sewer, it would eliminate some of the problems Mr. Kobs addressed. The land is pure peat and will absorb all of the runoff. Mr. Erickson stated in the final design they will look at having as much surface drainage as possible, and possibly some of the storm sewer can be eliminated. Mr. Syfko stated they have discussed the possibility of using the park property to straighten the curve and putting a small pond there. That would eliminate some of the pipe and lessen the unit assessment. Mr. Oie - is retired and doesn't have $5,000 readily available, nor does he want to pay $7,500 if paid over ten years. By taking his land for easement, then having to pay $7,500 for an assessment, he would be against the project also. .._-" ([- Regular Andover City Council Meeting Minutes - January 17, 1995 Page 5 (Public Hearing: IP94-16/Tulip Street, Continued) Jim KnolL 3339 157th Avenue - felt it is very questionable whether there would be four buildable sites on Knoll's farm property. It was his opinion the wetland as shown on the map is inaccurate. He also felt a fallacy in the plan is the amount of money proposed for acquisition of property, feeling that amount isn't even close to what it will really be. He wondered where the right of way will be acquired, as it appears from the map that it will all come from Knoll's farm. Mr. Syfko explained the 33 feet to the east was dedicated when the plats were done. Mr. Knoll - stated there clearly is no support for this project, so why is the City proceeding? Jeff Hanson, 16220 Tulip Street NW - stated if the green stakes are the easement, he will lose the trees in his front yard. He was also concerned with the estimated six-foot high retaining wall across the front of his property. Two he put in bituminous , years ago a new driveway, and he would not be able to access it from the new street. Also the retaining wall would be detrimental to the health of his 7 year old. He votes no to the road as laid out now. It would be more feasible if the corner were straightened out. Mr. Syfko again stated the stakes determine the existing right of way. They do have the flexibility of moving the road easterly to straighten the curve, which would be considered in the final design. Larrv SmalL 16228 Tulip Street NW - is against the project totally. When he first moved out here, he asked about blacktop and was told it would be $2,000. Regardless of what is done with the project, the curve has to be straightened out because it is dangerous. James Jones, 16134 Tulip Street NW - asked when water and sewer will be coming to them. Mayor McKelvey stated the CAB Interceptor is not expected to be available for at least 20 years; and it could be 10 to 20 years more before it is brought across Bunker Lake Boulevard and up Seventh Avenue. Mr. Jones - whether the project is voted down or not, he is concerned with the curve. It is a bad spot that needs to be corrected. Al Schecher, representinq Woodland Development - stated all lots in their subdivisions exit onto streets within the subdivisions; so there will be no benefit to those lots. They vote no on anything they have on that side of Tulip. Mark Forseth, 16772 Tulip Street NW - felt the reason the road runs that way is because of the slope of the land. He's lived there for 2 1/2 years, and the dirt road never bothered him. His concern is the excessive speed traveled on the road, even under its current conditions. The bus stop is at 168th Lane, and it is not unusual for cars to be traveling at 35 to 40 mph, then hit that blacktop at 7:30 in the morning when children are there. It is a hazardous situation. If the curve is "----" -- ([. straightened, there may not be people in the front yards, but they will Regular Andover City Council Meeting Minutes - January 17, 1995 Page 6 (Public Hearing: IP94-16/Tulip Street, Continued) be cruising down the street much faster. They had petitioned for a speed study some years ago and were told they couldn't until it is paved. Is it possible the City wants this road paved to take the pressure off Round Lake Boulevard? Counci1member Dehn stated the City's intent is to improve all of the City's streets, and Tulip has been on that list to be improved for several years. Mr. Forseth - admitted it is a rough road. Since he moved there, the grader has dropped the road six to nine inches. He didn't know what can be done to make the road more feasible and less costly to maintain, but he didn't know how this will ever not be a very, very expensive project. Richard Guzik. 16781 Tulip Street NW - asked if there was any thought to making Tulip a dead end on the south and on the north, giving the middle back to the farmers. It would be cheaper to blacktop because it is the middle part that is expensive to do. The Council explained that is not feasible, as MSA funds could not be used then; plus it is an important route with the Fire Station in that area. Councilmember Dehn stated as the principal landowner, she will not be voting on this project. Right of way will need to be purchased from her and her husband on both sides of the road, which means a loss of farmable property for them. Also, two outlot parcels that they farm will be totally destroyed; plus they have some doubts on the proposed buildable sites proposed to be assessed. Mrs. Corine Bennett, 16127 Tulip Street NW - was concerned if they flood the wetland, she will not be able to get her machinery across and will have to go down the road. They were always pulling cars out of there when it was not a road maintained by the City, the point being people will try to get through even if it were blocked off. , The Council noted the total lack of support for the project and agreed the project should be dropped. MOTION by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. 8:17 p.m. MOTION by Knight, Seconded by Kunza, to drop this project from further consideration at this time. (See Resolution R007-95) DISCUSSION: Councilmember Jacobson acceded to the wishes of the residents, but noted the project will never be cheaper than it is now. Eventually it will get paved, and the cost will be more. He also noted the road cannot be blocked because of a public safety issue and it would have to be taken out of the MSA system. So it will have to remain as an the MSA designation. Motion carried on a 4-Yes, I-Abstain (Dehn) vote. 8:19 p.m. Councilmember Jacobson also didn't think there was much the City could do with the curve at this time, as MSA funds cannot be used unless the it is brought up to MSA standards. No further action was taken. _4 _ _~. _ __ i[ Regular Andover City Council Meeting Minutes - January 17, 1995 Page 7 APPOINT COUNCIL REPRESENTATIVE/ANOKA COUNTY HRA MOTION by Jacobson, Seconded by Dehn, that the City Council appoint Mike Knight to be the representative on the Anoka County HRA. Motion carried unanimously. APPOINT PLANNING COMMISSION MEMBERS AND CHAIRS MOTION by Jacobson, Seconded by Dehn, that the Council appoint Jay Squires as Chair for the Planning and Zoning Commission for the coming year, and reappoint him for another term. Motion carried unanimously. MOTION by Dehn, Seconded by Kunza, to reappoint Maynard Apel as Commissioner for the Planning and Zoning Commission. DISCUSSION: Councilmember Jacobson opposed the reappointment, feeling Mr. Apel's demeanor with the residents and the Staff is inappropriate behavior for a Planning Commission member. Councilmember Dehn countered Mr. Apel knows constitutional rights and is very up to date on some of the concerns of the City environmentally, though he is expressive. Motion carried on a 4-Yes, I-No (Jacobson) vote. MOTION by Jacobson to appoint Brian Barringer and Loran Wells to the Commission. Motion dies for Lack of a Second. Councilmember Jacobson stated the reason for his selection was to have representation from the northern and southern part of the City. MOTION by Dehn, Seconded by Kunza, to consider for appointment Jeffrey Leudtke and Mike Gamache to the Planning Commission. DISCUSSION: Councilmember Dehn indicated Mr. Gamache has had some experience in the political realm of the City, and Mr. Leudtke is from the northern and westerly portion of the City. Mayor McKelvey preferred to add another woman to the Commission for gender equity, suggesting Ms. Doucette whose presentation to the Council on the Xeon Street Storm Sewer Project was so well done. Councilmember Dehn CHANGED her motion to remove Mike Gamache and appoint Catherine Doucette. Second Stands. Motion carried unanimously. MOTION by Dehn, Seconded by Jacobson, that Jeffrey Leudtke's term expire on 12-31-96, and Catherine Doucette's term expire on 12-31-95. Motion carried unanimously. SKETCH PLAN/TIMBER MEADOWS 3RD ADDITION Mr. Haas reviewed the sketch plan of the proposed Timber Meadows 3rd Addition as requested by Woodland Development Corporation, which consists of 12 rural residential lots and one commercial lot. Variances are being requested for lot widths on Lots 1, 2, and 3, Block 3, Lots 2, 3, and 4, Block 2 and Lot 2, Block 1. The proposal is to develop as a PUD, though the commercial lot is not consistent with the Comprehensive Plan. It is suggested that Narcissus Street align with the existing .___._ _" - ____ o. I¡ Regular Andover City Council Meeting Minutes - January 17, 1995 Page 8 (Sketch Plan/Timber Meadows 3rd Addition, Continued) Narcissus south of 161st Avenue. In addition, Staff is asking that 33 feet be dedicated from the existing centerline of 161st Avenue. The Park and Recreation Commission is recommending cash in lieu of land for park dedication. The Planning Commission generally did not have a problem with the PUD concept or rezoning for the commercial lot. Lots 1 and 2, Block 1, are currently in Timber Meadows 2nd. There was some agreement with the variances because the land is becoming more and more difficult to develop. There was considerable Council discussion on the proposed commercial lot. Generally, the Council was opposed to a commercial lot on this parcel because . existing...commercial. proper.ty is available to the east, the Comprehensive Plan designates some commercial property in the southeast corner of the intersection of 161st and Round Lake Boulevard, the concern with creating unsightly strips of commercial development all along Round Lake Boulevard or a mall on every major intersection, the concern of a gas station being developed next to a wetland, the concern that the intersection is accident-prone, plus the concern of having commercial on three corners of this intersection. It was noted, however, that the sketch as proposed, will not work for residential without the commercial, because lots will not be allowed direct access onto Round Lake Boulevard. There was also some concern over the great number of variances. Al Schecher, representing Woodland Development, noted the Comprehensive Plan designates the southeast corner where a single family home currently exists; and they would ask that that designation be changed to their location on the northwest corner. The commercial area would be 6.6 acres. Also, this is a sketch plan process, and many of the details on the layout would be worked out in the next phase. Mr. Fursman explained the PUD process is the only way the Andover Review Committee would recommend commercial in the rural area, because it gives the Council a significant amount of control over how it is developed which is not normally given in a zoning area. It is a planning tool to provide normal services to the residents in that area. There will be commercial to the south, but that would not be the types of services that are needed by the residents to the north. A PUD in this area discourages people from having to make long trips in their vehicles every time they need a convenience item, not to make the area look ugly. There is a residential use across the street that may remain there; and this development, in all likelihood, would develop much quicker. Also, they have reservations about the quality of development going on in the Hughes Industrial Park. Mr. Schecher asked about a day care in that location. He would not want his kids going to a day care on the east side next to a liquor store. The Council held firm in its decision that a commercial site is not desirable on this parcel and that the lots be rearranged to take out most of the variances. "-.-" n Regular Andover City Council Meeting Minutes - January 17, 1995 Page 9 CECIL HEIDELBERGER ABATEMENT OF ASSESSMENT Mr. Haas reviewed the request of Cecil Heidelberger to abate the , assessments for two parcels. He noted the Council options to either abate the assessments, deny the request or table the item to allow the City and Mr. Heidelberger to negotiate the possibility of buying the property as the City is currently doing with other property owners in that area. Attorney Hawkins noted purchase agreements are being drawn on several other parcels. The Council agreed with the last option. Mr. Heidelberger, who was in the audience, nodded agreement with that option. MOTION by Jacobson, Seconded by Dehn, to so move to table this for one month. Motion carried· unanimously. APPROVE REVISED GRADING, DRAINAGE & EROSION CONTROL PLAN/FOXBERRY FARMS Mr. Erickson noted the developer and engineer letter clarifying the items requested by the Council at the last meeting. Councilmember Jacobson was concerned with Item 1 in the letter that berms were removed because they changed their mind. He didn't think that was proper. Secondly, the grade on the lots were changed based upon approval by Dave Almgren. Does the City Building Inspector have that authority? Mr. Erickson explained the hold down grade was changed because when the basements were dug, there was a lot of soil and spoil graded over the lot. The Building Inspector has the ability to make that request, which was approved by change order to the grading plan. Councilmember Jacobson continued with his concern for Item 3, that the hold down was changed to allow less fill hauled off site, which sounds like a unilateral decision. Also, who gave permission to alter the wetland on Lot 27? To avoid problems in the future, it may be appropriate that any changes in the grading plans be done by letter, with City Officials signing off on it so there is no misunderstanding. Roqer Nelson, Enqineer - stated the only regulatory body having authority over the wetland is the Coon Creek Watershed. It was his understanding that permission was received from them. He doesn't have that documentation. Homer Tompkins , General Manaqer , Contractor Property Developers Company - stated he will get that in writing from Tim Kelly of the Coon Creek Watershed. Mr. Nelson - stated the hold down adjustment was issued since Day 1 on this project. They had an approved plan with a hold down of two feet. At the pre-construction meeting, the Building Official asked to change the hold down to 1/2 foot. They were opposed, but did make that change, which was the nature of the first revision. As time went on and after further discussion, he let them have I-foot of hold down, which they still opposed, but it was better than 1/2 foot. The existing berm along Hanson Boulevard is not what was originally proposed, but it is a natural berm with trees. -., - ._-- ---"-- -- ,[ Regular Andover City Council Meeting Minutes - January 17, 1995 Page 10 (Approve Revised Grading Plan/Foxberry Farms, Continued) Mr. Tompkins - explained when they originally acquired the site, an engineer and surveyor did not get accurate topos on the property, which caused some grading revisions. In their defense, the property was heavily wooded, making it difficult to get accurate information. They have made a sincere effort in saving trees. He moved 800 trees at a cost of over $40,000 and explained how they had to be moved, then moved again as the grading in each section was done, which caused problems with the grading. They could have cut down all the trees and then have no revision, but he went through the expense of saving the trees which they thought were a benefit to the site. This caused an increase in cost and this frustration of having to go through this many revisions to the grading plan. Councilmember Jacobson was concerned that this is the third major revision, which seems excessive. He also felt Staff needs to clarify who has the authority to determine what can or cannot be done on the site, and it has to be in writing to everyone knows what was done. Mr. Tompkins - also noted the difficulty of finding an error on the plan while on site, then have the contractor move off site while it is determined whether or not a change can be made, then have the contractor move back on site. If changes can be made quickly, it greatly reduces the costs. He also explained the pond in question was built right up against the resident's house so there was no room for a deck, etc. They hired an engineer to get approval from the Coon Creek Watershed to move that smaller wetland. Winslow Holasek - stated Andover has a Tree Preservation Ordinance which should address working around existing trees. He understood the trees were to remain unless they interfered with the grading or water drainage. He also complemented the developer of Foxberry Farms, stating an excellent job was done and it looks good! Mr. Tompkins - thought the City would be hard-pressed to find another developer to spend $100,000 to save the trees that they did on site. The trees were unique to that development and will contribute to the betterment of the community in the long run, but the policy of the City does not encourage saving trees. It encourages developers to minimize trees to save costs. Mr. Fursman explained there is some confusion with the policy. There is nothing to prevent a developer from cutting down any trees on his property; but before going through the platting process, it is determined which trees will be protected. The situation is handled differently by different developers. The Staff's position is if a tree is going to die as a result of development, it should be removed while platting, not wait and possibly cause the homeowner to remove it. MOTION by Jacobson, Seconded by Dehn, to approve the third and final grading plan for Foxberry Farms. (See Resolution R008-95) Motion carried unanimously. '.>---. [ Regular Andover City Council Meeting Minutes - January 17, 1995 Page 11 The meeting was adjourned at this time to conduct an HRA meeting, 9:28; reconvened at 9:30 p.m. REPORTS OF STAFF, COMMITTEES, COMMISSIONS MOTION by Jacobson, Seconded by Knight, Items 8, 9, 10 and lIon the Agenda in the affirmative, and set February 9 for the interview date. (See the following: Item 8. Approve User Fee/Softball, Baseball & Soccer Fields (See Resolution R009-95) Item 9. Approve Sewer User Fee (See Resolution ROlO-95) Item 10. Adopt Fire Department Ordinance Item 11. Finance Director Hiring (Jean Nichols) and Date to Interview Fire Chief Candidates (February 9, 1995) Motion carried unanimously. EXIT INTERVIEW/DARYL SULANDER ' The Council alternately asked questions of Mr. Sulander to which he responded: The sewer and water trunk utility funds are still heavily dependent on future developments, which could be a problem meeting the debt requirements if development slows below the budgeted 330 new homes per year. However, the speed of development the last several years has been much faster than anticipated, plus the user fees are indexed each year, which has helped build assessments paid by the developers and existing property owners to retire the bonds. His experience over the past 2 1/2 years with Andover has been very positive and fulfilling. Going through the budget cycle three times, through the annual audit cycle twice, seeing projects completed and seeing the progress the City is making in developing its rural atmosphere into a very urban southern half of the City has been rewarding. Residents in search of a more rural setting yet wanting to be in an urbanized setting is going to bring continuing pressure on the Staff and Council in dealing with issues of streets, development, grading and drainage, tree preservation. He found the lack of cooperation once a policy is set the most frustrating. He was pleased with the changes witnessed while on the Personnel Committee, the improvement of the benefits offered employees, the increase in Staff from 25 to 35 full-time employees while still being very lean in terms of Staff to residential growth. The nine , months he acted as City Administrator was very rewarding and gave him an opportunity to deal with issues and problem solving. His greatest disappointment was not receiving the appointment as City Administrator, feeling misstatements were made during the interview screening process. He thought the Councilmembers were railroaded into believing he did not handle Staff well or did not enjoy getting into the public eye. From his experience that is very inaccurate, and he felt badly that the Council didn't have the opportunity to get the rest of the story. Also, statements were made in the mayoral candidate's debate that the Staff was out of control because there wasn't a full-time administrator for .._--"--- -- ¡ Regular Andover City Council Meeting Minutes - January 17, 1995 Page 12 (Exit Interview/Daryl Sui ander, Continued) nine months and that the Mayor spent all of his time supervising. At that point he decided he couldn't work for the City any longer; and as soon as an opportunity arose, he would be moving on. He needs to be somewhere where he is able to respect those in charge, and he can't here. However, it is difficult, because this is a quality Staff and he feels like he is abandoning them. Mr. Sulander continued that projects started which remain as goals for the next Finance Director are the transferring of utilities to Anoka Electric Cooperative, which should be completed by July; the person currently working on utility billing will be redirected into accounting for fix assets records; improvement analysis; special assessment levies cash flow analysis; continue the debt retirement process¡ work toward qualifying for the Government Financing Officer's Reporting Award¡ continue with the Risk Management Fund recently established to build a reserve to reduce overall insurance costs and provide money to promote safety in the work place and training for Staff ; continue with the revised bonding program change; continue with park development and improvements and the process of the possible park referendum; and continue programs of street maintenance. He did not anticipate the need for large tax increases in the future, as the growth in the tax base of the City should be able to finance the operations for the next couple years. There is the need for the capital improvement projects of the new City Hall project, improvements to the Public Works Building and the relocation of Fire Station No. 3, all of which require careful study and the development of a financing plan with explanations to the residents that these will not impact the bottom line on their tax statements. Mr. Sulander noted the Council and Staff are here to serve the residents. The Council direction to the Staff must be very clear and then it is imperative that they support the Staff in those directions in order for the two to be a successful team. Once policies are made, they must be adhered to and/or enforced by everyone. He felt that is one area in which the City needs to work. The Councilmembers expressed regret at Mr. Sulander's decision to leave the City and wished him well in his new position. SCHEDULE BOARD OF REVIEW Council noted the Staff recommendation to set the annual Board of Review for Thursday, April 13, 1995, at 7 p.m. MOTION by Knight, Seconded by Dehn, to so move. Motion carried unanimously. APPROVE PLANS & SPECS/IP94-22/CROWN POINTE EAST Councilmember Jacobson questioned whether the final plans and specs are completed. Mr. Erickson explained TKDA has designed the plans and specs for the street and utility construction for this project. Staff is currently reviewing the preliminary plat and the plat grading, drainage and erosion control plan. There will be some minor revisions, but they do not impact the utilities or street design. ---- ([ Regular Andover City Council Meeting Minutes - January 17, 1995 ' Page 13 (Approve Change Orders/IP94-2 & IP94-l7, Continued) MOTION by Jacobson, Seconded by Dehn, move on Item 13 in the affirmative. (See Resolution ROII-95 approving final plans and specs and ordering advertisement for bids for IP94-22) Motion carried unanimously. APPROVE CHANGE ORDER II AND 12/IP94-2 & IP94-17/WOODLAND PONDS 2ND ADDITION & QUICKSTROM'S ADDITION Councilmember Jacobson questioned how the first change order could show no change when the second has a change in it. Mr. Erickson explained the first change order is for a time extension which involves no dollar increase. It is the second change order that affects a dollar change. MOTION by Dehn, Seconded by Kunza, approve the time change for Item No. 15 for Woodland Pond 2nd Addition and Quickstrom Addition. (See Resolution R012-95 approving Change Order #l)Motion carried unanimously. MOTION by Dehn, Seconded by Kunza, approving the Resolution for Change Order #2 as presented. (See Resolution R013-95) Motion carried unanimously. MAYOR/COUNCIL INPUT City Hall Update - Mr. Fursman noted the report should be done this week or the beginning of next week. In the middle of the process, he asked the firm to consider what it would cost to refurbish the existing building so that those cost figures would be available. Committee to Review Ordinances - Councilmember Jacobson was concerned that the Planning Commission process not be by-passed. Mayor McKelvey agreed, noting this committee, consisting of two Councilmembers and one resident from each of the seven precincts, will make recommendations to the P&Z on Ordinance 8 amendments as he had proposed at the hearing. Response to Letter Regarding Assessments in Kensington Estates - The Council asked that Staff write a response to the letter received on the storm drainage assessment for Kensington Estates. Auto Salvage Yards Update - Mayor McKelvey reported the City is negotiating with three of the auto salvage yards plus some other property owners to purchase their properties with the intent of extending the Andover Commercial Park. PAYMENT OF CLAIMS MOTION by Jacobson, Seconded by Knight, the Claims in the amount of $860,956.85 as presented by Staff on the Agenda dated January 17, 1995. Motion carried unanimously. MOTION by Dehn, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting was adjourned at lO:22 p.m. =--- Respectfully submitted, Y)r\ CjH.J.J.JlA-O ~L Marcella A. Peach, Record~n9 Secretary ~ ...... ._--~.-. - - --.-