Loading...
HomeMy WebLinkAboutCC June 21, 1995 ~ Ii CITY of ANDOVER Regular City Council Meeting-June/2~'1995 a.~ 1/5""(1'; Call to order- 7:00 pm Resident ForUIll Agenda Approval Consent Agenda Approval of Minutes Presentation of Badges/Firefighters Recognition of Engineering Accomplishment/T. Haas Discussion Items 1. Public Hearing/93-5/Winslow Hills 3rd, Cont. 2. Public Hearing/95-9/Forest Meadows 3. Public Hearing/95-2/Street Lighting/Crosstown Drive 4. Public Hearing/Timber Meadows 2nd/Vacation of Easement 5. Sharon's 2nd/Authorize Response to Heil Letter, Cont. 6. Ashford Development sketch Plan/Sec. 28 7. Riordan/Burns/4100-160th Ln./Discussion 8. Amend ordinance 8, Therapeutic Massage/Cabinet Making, Cont. 9. Adopt Ordinance 109/Therapeutic Massage, Cont. 10. 155th Lane/Lakeridge/95-8/Discussion 11. Change Facilitators/Externalities 12. Consider Hiring Construction Inspector 13. "No Parking" Issue/139th & Eidelweiss staff, Committees, Commissions 14. Lease/Purchase Copy Machine/Fire Department 15. Hire Fire Department Secretary 16. Hire Parks Maintenance Employee 17. White Paper/city Hall 18. Recycling Agreement w/Anoka County 19. License Renewals/Auto Recycling Yards Non-Discussion/Consent Items 20. Reduce Cash Escrow/Woodland Creek 2nd/88-19 21. Release Line of Credit/Old Colony Bstates 22. Release Line of Credit/Pinewood Estates 23. Approve Final Plat/Timber Meadows 3rd 24. Approve Final Plat/Woodland Meadows 2nd 25. Purchase Basements/Drake Street/94-6, cont. 26. Approve Change Order #1/94-1/City Hall Park Complex #1 27. Receive 1996-2000 5-Year Highway plan/Anoka County 28. Approve change order j1/Trunk Water & San. Sewer/94-18 29. Receive petition/Order Feasibility/Hawk Ridge/country View Estates/95-10 30. Receive Petition/Order Feas./181st Ave. W. of Tulip/95-11 Mayor-Council Input Payment of Claims . Adjournment '.0-" .- -- - "- ... '[I, , ,~ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 20, 1995 TABLE OF CONTENTS RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Recycling Agreement with Anoka County · · · · · · · · · · · · 2 Reduce Cash Escrow/Woodland Creek 2nd/IP88-l9 2 · · · · · · · · · Release Line of Credit/Old Colony Estates · · · · · · · · · · 2 Release Line of Credit/Pinewood Estates · · · · · · · · · · · 2 Resolution RI00-95 approving final plat/Timber Meadows · · · 2 Resolution RI01-95 approving final plat/Woodland Meadows 2nd 2 Resolution RI02-95 approving Change Order #1/IP94-1/ City Hall Park Complex #1 . . . . . . . . . . . . · · · · 2 Receive 1996-2000 Five-Year Highway Plan/Anoka County · · · · 2 Resolution RI03-95 approving Change Order #l/Trunk Water & Sanitary Sewer/IP94-18 . · · · · · · · · · · · · · · · · 2 Resolution RI04-95 receiving petition/ordering feasibility Hawk Ridge/Country View Estates/IP95-10 · · · · · · · · · 2 Resolution RI05-95 receiving petition/ordering feasibility 181st Avenue west of Tulip/IP95-11 · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 PRESENTATION OF BADGES/FIREFIGHTERS · · · · · · · · · · · · · · · 3 RECOGNITION OF ENGINEERING ACCOMPLISHMENT/TODD HAAS · · · · · · · 3 DONATION FROM ANDOVER LIONS' CLUB . · · · · · · · · · · · · · · · 3 PUBLIC HEARING: IP93-5/WINSLOW HILLS 3RD . · · · · · · · · · · · 3 Resolution RI06-95 adopting the assessment roll · · · · · · · 6 RIORDAN/BURNS/4100 160TH LANE/DISCUSSION · · · · · · · · · · · · 6 Motion to table to Sept. I/Direct Staff to research definition of family · · · · · · · · · · · · · · · · · · 8 · PUBLIC HEARING: IP95-9/FOREST MEADOWS Resolution RI07-95 ordering improvement · · · · · · · · · · · 9 PUBLIC HEARING: IP95-2/STREET LIGHTING/CROSSTOWN DRIVE Resolution R108-95 ordering improvement · · · · · · · · · · · 9 "NO PARKING" ISSUE/139TH AND EIDELWEISS · · · · · · · · · · · · · 10 Motion to continue signs for three weeks, then remove unless there is a continuing problem next season · · · · 11 SHARON'S 2ND/AUTHORIZE RESPONSE TO HElL LETTER · · · · · · · · · 11 ASHFORD DEVELOPMENT SKETCH PLAN/SECTION 28 · · · · · · · · · · · 13 Motion to deny sketch plan · · · · · · · · · · · · · · · · · 14 AMEND ORDINANCE 8, THERAPEUTIC MASSAGE/CABINET MAKING and , ORDINANCE 109/THERAPEUTIC MASSAGE Motion to send Ordinance 109 back to P & Z to reword and allow Therapeutic Massage only in industrial district · · 15 Motion to accept Ordinance 8 amendment to allow cabinet making in R-l district with Special Use Permit · · · · · 16 155TH LANE/LAKERIDGE/IP95-8/DISCUSSION · · · · · · · · · · · · · 16 CHANGE FACILITATORS/EXTERNALITIES Motion to accept proposal · · · · · · · · · · · · · · · · · · 17 STAFF, COMMITTEES, COMMISSIONS Lease/Purchase Copy Machine/Fire Department · · · · · · · · · 17 Hire Fire Department Secretary (Diane Zupfer) · · · · · · · · 17 · Hire Parks Maintenance Employee (Jeffrey Okerstrom) · · · · · 17 White Paper/City Hall (committee to address City HaIl space needs) · · · · · · · · · · · · · · · · · · · · · · 17 ---_._~- --- - , '[I; Regular Andover City Council Meeting - June 20, 1995 Table of Contents Page ii PUBLIC HEARING: TIMBER MEADOWS 2ND/VACATION OF EASEMENT , Motion to table · · · · · · · · · · · · · · · · · · · · · · · 17 CONSIDER HIRING CONSTRUCTION INSPECTOR · · · · · · · · · · · · · 17 LICENSE RENEWALS/AUTO RECYCLING YARDS Motion to approve licenses (Andover Auto Parts, Anoka Auto Wrecking, ATV Auto Salvage, Best Auto Parts, Commercial Auto Parts, Mom's Auto Parts, wilber's Auto Parts) · · · 18 PURCHASE EASEMENTS/DRAKE STREET/IP94-6 Motion to purchase · · · · · · · · · · · · · · · · · · · · · 18 APPROVAL OF CLAIMS MAYOR/COUNCIL INPUT · Ban on Watering · · · · · · · · · · · · · · · · · · · · · · · 18 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 18 , · , · ,- --, - - .---->---- I . ! CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 20, 1995· MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on June 20, 1995, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmember absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson , Assistant City Engineer, Todd Haas City Engineer, Scott Erickson City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Denise DeMars, 13552 Narcissus - explained in February, 1994, a committee of concerned neighbors approached the Council with a traffic problem from their neighborhood. The Committee researched the history of the street construction in their neighborhood and gave the Council several suggestions to resolve the problem. They were told it would be researched and they would hear back. Nine months later Staff has made no contact with them. She contacted City Hall and was told they are working on it and not to worry, but she has yet to have anyone return her calls. This issue is not going to go away, because it is important to their neighborhood, and she hoped they can get on a Council agenda soon. Mayor McKelvey apologized for the delay and for not contacting her, but they are trying to get something done and hoped it can be done before long. , Jim Knoll, 3339 157th Avenue NW - protested the inclusion of Item 6, Ashford Development Sketch Plan/Section 28, on the agenda because the interested parties have not been notified. Mayor McKelvey stated some do know about this. He suggested this be discussed further at the time of the agenda item. Sue Hurst, 13440 Jav Street NW, Lot 5, Watts Garden Acres - felt it is time for some accountability on the part of the Council and City Staff. They have lived at this address for 16 years, paying taxes that entire time, and she asked the Council to carefully' examine the actions of the City Staff and TKDA to discover the many actions, inactions and mistakes made when dealing just with them and their property. She then related several instances when she felt their rights were violated, as in the condemnation hearings in 1993 when they were not notified but which affected their property, the approval of the Pheasant Meadows preliminary plat on their property that directly opposed their purchase agreement with the developer and that proceeded without the signatures of the property owners, the disregard of contractors to keep soil off their property which had to be resolved through their lawyer, and finally having to pull out and move an 8-foot fence after obtaining ~ ';' 7{~J'f5" '0- .- -... ,'D' . Regular Andover City Council Meeting Minutes -June 20, 1995 page 2 , (Resident Forum, Continued) permission for that height but not being told it needed to be 10 feet off the property line. Because of conflicting information or lack of it from City Staff and the many mistakes made by them, including their mistakenly being issued a building permit in 1978 for a residential house in a commercial district, she is very disgusted with the way tax dollars are being spent. she also related instances where a neighbor had to take down a deck because it was too close to the property line and where another neighbor had to pull up his sod because the yard had to be regraded. She was very frustrated, and did not want these sam~things to happen to others in the City who may want to develop a 10-acre parcel. AGENDA APPROVAL Add Item 19a, Executive Session with the City Attorney. Move Item 25, Purchase Easements/Drake Street/IP94-6 to the discussion items. Add Item 18, Recycling Agreement with Anoka County, to the Consent Agenda. Mayor McKelvey asked for a motion to approve the agenda as amended. MOTION by Knight, Seconded by Dehn, to Motion carried . so move. unanimously. CONSENT AGENDA Item 18 Recycling Agreement with Anoka County Item 20 Reduce Cash Escrow/Woodland Creek 2nd/IP88-19 Item 21 Release Line of Credit/Old Colony Estates Item 22 Release Line of Credit/Pinewood Estates Item 23 Approve Final Plat/Timber Meadows 3rd (See Resolution R100-95) , Item 24 Approve Final Plat/Woodland Meadows 2nd (See Resolution RI01-95) Item 26 Approve Change Order #1/IP94-1/City Hall Park Complex #l (See Resolution RI02-95) Item 27 Receive 1996-2000 Five-Year Highway Plan/Anoka County Item 28 Approve Change Order #l/Trunk Water & Sanitary Sewer/IP94-18 (See Resolution R103-95) Item 29 Receive Petition/Order Feasibility/Hawk Ridge/County View Estates/IP95-10 (See Resolution RI04-95) Item 30 Receive Petition/Order Feasibility/181st Avenue West of Tulip/IP95-11 (See Resolution RI05-95) . 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 May 16, 1995, Regular Meeting: Correct as written. , -- -" -....- -. (III Regular Andover City Council Meeting Minutes - June 20, 1995 Page 3 (Approval of Minutes, Continued) May 16, 1995, EDA Meeting: Correct as written. May 30, 1995, Special Meeting: Correct as written. \ MOTION by Knight, Seconded by Kunza, approval. Motion carried unanimously. June 6, 1995, Regular Meeting: Page 9, add to end of third paragraph, "...consulting services, then bring it back to the Council for action." June 6, 1995, EDA Meeting: Correct as written. June 6, 1995, HRA Meeting: Second Paragraph, Correct "Motion by Knight... " June 6, 1995, Special Closed Meeting: Correct as written. . MOTION by Kunza, Seconded by Knight, approval for the June 6 meetings as amended. Motion carried on a 3-Yes, 2-Present (Dehn, McKelvey) vote. PRESENTATION OF BADGES/FIREFIGHTERS Fire Chief Dan Winkel and Mayor McKelvey presented badges to the following firefighters who have successfully completed their probationary period: Shannon Caldwell, Dan Ehlers, Jim Green and Jim Hazledine. Mike Cox was also recognized though he was not in attendance. \ RECOGNITION OF ENGINEERING ACCOMPLISHMENT/TODD HAAS Mr. Erickson presented Mr. Haas with a certificate of achievement for receiving his Engineer In Training certification from the Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design. . DONATION FROM ANDOVER LIONS' CLUB Mayor MCKelvey, acting as President of the Andover Lions' Club, presented a donation to the City in the amount of $16,500, which brings the total donation from the Lions' Club to the City this year to $30,000. He asked that $5,000 be used for the concession building at the Field of Dreams and the other $11,500 go toward City parks. PUBLIC HEARING: IP93-5/WINSLOW HILLS 3RD, CONTINUED 7:31 p.m. Mr. Davidson explained since the May 16, 1995, meeting, there has been a change to the proposed assessment. The total area to be assessed for storm sewer was reduced by 4.64 acres, that area below the 100-year flood, in accordance with the computations of the developer's surveyor. The assessment roll has been amended to show a per-lot -.. - - ----"---- .,-- I.UI , Regular Andover City Council Meeting Minutes - June 20, 1995 Page 4 (Public Hearing: IP93-5/Winslow Hills 3rd, Continued) assessment of $14,294.74. That amount reflects the elimination of the proposed seven lots along the west side of Bluebird Street, which will be developed and assessed in the future. He understood the storm sewer assessment is the only item on the assessment that is being contested. . Mr. Davidson then went through a lengthy explanation of the assessments for storm sewer against the various developments in the district, the history of the storm drainage project, and the application of the $0.04- per-square-foot charge for storm drainage against all developments except Creekview Crossing. They have considered the Bluebird Street trunk and the Xeon Street trunk as two phases of the same drainage district, with the trunks and outfall to the river consolidated. The total cost for storm drainage to date amounts to $485,272.20. Those developments that have already been assessed and those that are pending equals $399,555.69, leaving a balance of $85,716.51, or approximately 48 acres needed in future assessments to cover the cost of the system to date. That does not take into consideration any future costs that may be incurred for additional storm sewer work in the district as further development occurs. It is their thought that the remaining costs will be paid for by future development, but it is not known when or where that will occur within the system. Mayor McKelvey opened the hearing for public testimony. Jim Neilson, Attornev with Babcock, Locher, Neilson and Mannella - represented winslow Holasek. Mr. Neilson handed out five different items to the Council regarding the acres developed, acres assessed, amounts . assessed, and costs per square foot in the various developments in the storm sewer district. He noted one problem is the City has not adopted a policy of assessing $0.04 per square foot for storm drainage, referencing specific statements made by Councilmembers that the intent was specifically not to do so. He argued the Bluebird and Xeon storm drainage systems are not one, that the details of the various projects indicate that they are separate. He pointed to the sheet indicating the calculations made by a surveyor hired by Mr. Holasek of the acreage of the various plats, the areas below the 100-year flood plain, etc. The figures do not match those prepared by TKDA. They have determined there are 186.17 acres left undeveloped north of Andover Boulevard. In comparing what they have calculated against what has been pr~sented by TKDA, there are numerous errors in every category. The amount of the storm sewer cost was reported as $241.742.80 at the May 16 meeting; it has now jumped to $276,304. Mr. Neilson went into detail for every development in the storm sewer district on the costs estimated in the feasibility reports, the actual costs of the storm sewer projects, the amounts assessed, and the breakdown of those assessments to cost per square foot. The engineering fees for all of the developments range from 11.91 to 19.53 percent, pointing out the high rate of 35.19 percent for ,..Wi¡:¡¡¡lg·.l Hills 3rd Addition cannot be justified. He highlighted the tvariO" f.a'ibility r.port' to "pport hi, po,itioG that tho ar.a ha, historically been treated as two separate systems, not one. He charged . that none of the feasibility reports relate to the $0.04 per square foot ~4- for storm drainage except against Winslow Hills 2nd and 3rd Additionscr' ¡;Uð' Xeo¡...îr\Ú\.!( sto...", S'c::,.¡« Projc.ct '13·'1 GY=".\~<L ïls-!'f!» q.~71~5"" ~ -"- ._---~...__.. ,- ---~ (Iii Regular Andover City Council Meeting Minutes - June 20, 1995 page 5 (Public Hearing: IP93-5/Winslow Hills 3rd, Continued) , Mr. Neilson continued that the policy agreed to by the Council was that trunk storm drainage costs will be assessed on a gross area basis on actual costs of the project. They felt it should not be a set rate for all projects, but based on the actual cost for each project. He also pointed out that in litigation with Ashford Development regarding storm drainage assessments, the Court indicated Andover has failed to present any evidence that it has indeed adopted a drainage district flat fee. He recognizes the City's attorney does not agree and has appealed that decision. His calculations indicate that taking the amount assessed and proposed to be assessed, adding the area that is undevel~ed'Bhthe ~Jy :\'; will collect over $300,000 in storm drainage assessments1 ~~ic h~'nm re~~ th<;tn the actual costs. I;!,~ u.~Kna:s",b~li~evMÈP ~ff:Y can legally do. th~t. "........J~J. uSJ.ng the actual cost~{orJ IH5I"èH. IIJ.11s of $ 41,742.80, questwnHg 7/';/'1S- the engineering fee, divided by the total acreage of 313.90 in the project, he contended the amount of the assessment should be $15,102.19 for storm drainage. Mayor McKelvey noted there is an area in this project that flows to the east. If it is not paid for with this assessment, he worried that it will not get assessed. Winslow Holasek, developer - explained it would have to be assessed when the property is developed. The point is, it may never be ðeveloped. Mr. Davidson did remove that area from the assessment roll. Mr. Neilson stated because the City has not formally adopted the overall storm drainage project all the way from Coon Creek to Crosstown Boulevard but actually did it as three different projects, there will be the same problem with developing across Crosstown Boulevar~~T~~~ is not in this storm drainage district. He argued that 4 ;)r4':f\~a re' 'could have been assessed if the City had assessed all of the property at the same time. Now it simply flows onto Mr. Holasek's property. Mayor McKelvey did not want to get into a situation of having to come . back to assess existing homeowners because a developer did not want to pay for the storm drainage. Mr. Neilson understood and thought Mr. Holasek would agree to pay for the assessment on that 4.)r4 acres, not the $0.04 per square foot, but the $0.017 per square foot\which he is agreeing to pay for Winslow Hills 3rd at this time. """,..I"J1/19.ç Councilmember Jacobson did not feel this can be resolved by the Council tonight. The Council hires consultants and attorneys to advise them, other developments have paid the assessments without any protest. It may be best to adopt the assessment roll and let an impartial party review the situation and determine who is right and who is wrong. Attorney Hawkins advised the Council must first determine whether Winslow Hills 3rd is receiving $46,173.60 worth of benefit from the storm sewer system installed to serve him. It was his opinion and that of Staff that it does. The second issue is whether or not the City is collecting more for assessments than it has paid out. The calculations from TKDA indicate the City is still $85,716.51 short. There are other areas to be developed from which the City will collect assessments, but the 48 --.. - _ ___ __ u _ 0-_....._ _>__ I]!I Regular Andover City Council Meeting Minutes - June 20, 1995 Page 6 (Public Hearing: IP93-5/winslow Hills 3rd, Continued) acres of future development needed does not include the cost of borrowing the money nor the additional charges required for future development. He and Staff do not feel the City is overcharging. The third question is whether the City is assessing uniformly on all property. It has tried to assess everyone $0.04 per square foot in this district, though others may disagree. The City doesn't have a policy on the $0.04 per square foot, but as a practical matter, the engineering calculations have determined that that is the amount that will allow the City to recover the costs of the project. Mr. Davidson pointed out that whole reason for constructing the Xeon Street storm sewer was because Mr. Holasek needed it to develop his plats. Because of the uncertainty of future development, he felt it is premature to say that the $0.04 per square foot is an overassessment. Also, the City's policy is not to assess property outside of the plat. 0 Because the area to be assessed is reduced, the rate per square foot is larger. Finally, there were a number of meetings on the storm drainage system where it was pointed out there are a number of ways to handle it. The feasibility reports were done and ultimately an assessment based on real costs and acreage was determined. While they didn't survey all of the area as Mr. Holasek did after the fact to determine the assessment area, they used preliminary grading and drainage plans. In the end, the same costs are still charged to the developer. MOTION by Jacobson, Seconded by Dehn, to close the public hearing. Motion carried unanimously. , MOTION by Jacobson, Seconded by Knight, the Resolution (See Resolution RI06-95 adopting the assessment roll for the improvement of sanitary sewer, watermain, street, storm sewer and appurtenances, Project No. 93- 5, Winslow Hills 3rd Addition) DISCUSSION: Councilmember Dehn expressed frustration and confusion in the figures. She felt there should be a policy adopting the $0.04 per square foot. Councilmember Jacobson stated that is not a general policy because each drainage district is different. As the drainage district develops, the costs of construction are applied. Mayor McKelvey could see valid points on both sides, but he believed the storm drainage assessment should remain at $0.04 per 0 square foot for this entire area. Both Councilmembers Knight and Kunza also found the matter confusing, though Councilmember Knight felt that it will take a neutral party to resolve the issue. Councilmember Jacobson called the question. Motion carried unanimously. VOTE ON MOTION: Motion carried on a 3-Yes, 2-No (Dehn, Kunza) vote. Attorney Hawkins noted the City has received a formal objection to this assessment. 8:50 p.m. , RIORDAN/BURNS/4100 l60TH LANE/DISCUSSION Michael Kallas, Kallas & Associates - represented Robert and Cynthia Riordan and Timothy and Sabra Burns and the children of each family. -,,--- _ _, .__..__ ~L__ ( ¡II Regular Andover City Council Meeting Minutes - June 20, 1995 Page 7 . (Riordan/Burns/4100 160th Lane Discussion, Continued) He noted the letters of support for the families as well as the petition of support from neighbors. There is general support of these individuals as contributing members of the community. The situation is a group of individuals living in a single residence consisting of a husband and wife with children and another husband and wife with two children. They share things as a family from caring and disciplining the children to one common checking account. Mr. Kallas reviewed his memorandum to the City, pointing out that the fact that the City imposes the restriction on families is an infringement on their freedom of religion, freedom of association, and freedom of privacy. This is a large home which accommodates them well. In 1991 the City issued a Special Use Permit to allow the Jahn's and their two children to house 10 unrelated borders. It was determined that that is not a detriment to the health, safety, morals and general welfare of the City and was in compliance with the City's Comprehensive Plan. It is fairly clear that the use of the property presently being met is less demanding than that which was approved by the Council in allowing the Jahn's to continue their use of it. The house was inspected and approved by the City with special enhancements made such as a commercial fire alarm which is still in place and functioning. This isn't a matter of safety. In reviewing the . documents presented to the Council, he felt they will find a very healthy and vital family that is succeeding well in the school system and doing well generally in the community. Also, there isn't a question of traffic, as there is ample off-street parking, a three-car garage plus ancillary parking for three or four cars without blocking the drive. The fact that they have submitted a petition to the Council signed by 11 neighbors without one dissenting indicates there is no issue of property depreciation. In fact, the owners have enhanced the improvement and upkeep of the property. Mr. Kallas went on to raise the legal issues relating to the,Minnesota Human Rights Act, which prohibits discrimination based on familial status and marital status. The City also cannot violate the Minnesota Fair Housing Act. The City allows borders, but the fact that they happen to have children is something the City cannot discriminate against. It is important that the Council recognize that this is a family. Andover's ordinances as written would prohibit living arrangements that are commonly accepted on television. It was only this evening that the children learned that they are in jeopardy of being displaced because of not wanting to place undue stress on them while they were in school. He asked the Council to give careful consideration and make a decision tonight to allow this family to remain occupying the property. The . house is not a duplex. There are separate sleeping quarters for each husband and wife and for the children, seven bedrooms in the house total; but there is one common housekeeping unit with one kitchen. Mr. Carlberg explained the City received one anonymous letter dated June 12, 1995, asking that the ordinance be enforced plus an anonymous phone call notifying the City of the situation. Mr. Kallas stated they were initially told there was no letter of opposition, only an anonymous phone call. As in the case of the Jahn's Special Use Permit, he'd ask that no credence be given to anonymous , ---.. -- -- .-.--..- -. ( Iln , Regular Andover City Council Meeting Minutes - June 20, 1995 Page 8 (Riordan/Burns/4100 160th Lane Discussion, Continued) calls and letters. Mr. Carlberg noted there is no provision to vary from the ordinance in this instance. If the Council wishes to accept this situation, a review of the ordinance and definition of family needs to be done. He believed the definition of family as noted in the ordinance is the same as the State. Also, he is not aware that this situation is . allowed in any other City. Attorney Hawkins advised the issue is whether two families can life in a single family residence. If this is allowed, it would have to be uniformly applied throughout the City. Mr. Kallas proposed a solution may be that a family be defined as a single housekeeping unit with common facilities instead of a duplex. Another important feature in this case is they have common ownership of the property. All four adults own the property jointly. If the Council opposes this, which ones would be evicted from their own property? It would deprive their right to possess this property because there are nine people instead of five since there are children. Or define family as "a group of not more than five adult persons.." · Council discussion noted the merits of the situation, but also cautioned that any change must be applied uniformly in the City. Some had a problem with the definition of family, Section b, suggesting five may be an arbitrary number which is now being used against them in this case. The Riordan's and Burns' appealed to the Council noting their long-term friendship, their "family" status even though they do not have the "pedigree", that they raise their children in common with the same values and high standards, that they were not told anywhere in the process of purchasing the house jointly that there would be a problem, that they relocated from California because they felt this was a better, . safer place to rear their children, and that they called City Hall and were told the ordinance applied to renters so there would be no problem with what they were doing. Council asked for a show of hands. No one opposed; however, approximately 15 people voted in favor of it. Councilmember Jacobson stated the living situation does not meet the definition in the ordinance, and that definition is almost the same for every City in the State. He didn't think it was right to change the definition for one family. Attorney Hawkins advised if the Council wishes to allow this, he would prefer it be done by changing the definition of fam1ly in the ordinance rather than by variance. Councilmember Knight did not have a problem looking at a change to the definition of family, but cautioned care must be taken to avoid problems in other situations. Mayor McKelvey felt this may become more common as the price of property increases, especially for people with children. He didn't feel good about having to throw a person out of his/her own home. MOTION by Knight, Seconded by Dehn, to table the issue until the September 1 meeting. That we ask Bill Hawkins and Dave Carlberg to look at the language of the definition of family in the ordinance. Also refer it to the Planning Commission for their consideration, and have Bill . Hawkins give a legal opinion on the memorandum presented by the Attorney for the family. There be no further action taken by the City until this is resolved. Motion carried on a 4-Yes, I-No (Jacobson) vote. __u _ _ _ __. _.__._.~_ IIW Regular Andover City Council Meeting Minutes - June 20, 1995 Page 9 PUBLIC HEARING: IP95-9/FOREST MEADOWS , 9:40 p.m. Mayor McKelvey noted the petition received on the 24 lots that would be benefited in the project: 12 in favor, 9 opposed and 3 unavailable which includes 1 unit for the City park. Richard Lonsky, 18001 Xeon Street NW - stated he circulated the petition and has received one more opposed from the unavailable group. council noted the petition now stands at 12 in favor, 10 opposed and 2 unavailable. Mayor McKelvey opened the hearing for public testimony. Councilmember Dehn asked the reason some were opposed. A resident stated it is their personal preference to have dirt roads; that is the way they . want to raise their children. Mayor McKelvey noted the City is moving toward requiring all streets to be blacktopped. There may be a price advantage to doing it now in conjunction with another project close by. Sue Betts, 17910 Vale Street NW - was opposed to the project. They knew it was dirt when they purchased the property and she was raised on a dirt road. It doesn't bother her. She'd prefer to have sewer than a paved road, asking when that will come through. The Council indicated it is unlikely there will be municipal sewer in that area in her lifetime. Dave Koq1er, 18016 Xeon Street NW - felt the paved street ~ould be a welcome addition to the properties and the neighborhood. Lwana Wallin, 1131 179th Avenue NW - stated if the paved streets come through, she'd like to see them look at the end of their driveway and the drainage. There are homes in the area that need serious consideration for drainage. She is in favor of the project. Mayor McKelvey asked for a motion to close the public hearing. MOTION by Jacobson, Seconded by Dehn, to so move. Motion carried unanimously. 9:50 p.m. . MOTION by Jacobson, Seconded by Knight, the Resolution presented with one amendment, that the City Engineer obtain all the necessary drainage and utility easements before construction. (See Resolution RI07-95) Motion carried unanimously. PUBLIC HEARING: IP95-2/STREET LIGHTING/CROSSTOWN DRIVE 9:52 p.m. Mayor McKelvey noted the petition of 10 in favor, none opposed and 4 unavailable. He opened the hearing for public testimony. There was none. '" MOTION by Knight, Seconded by Dehn, to close the public hearing. Motion carried unanimously. MOTION by Knight, Seconded by Dehn, the Resolution ordering the improvement. (See Resolution RI08-95) Motion carried unanimously. 9:53 p.m. __ __ __"____..___" ._ _ ____ _r__ I ( [It I Regular Andover City Council Meeting Minutes - June 20, 1995 Page 10 "NO PARKING" ISSUE/139TH AND EIDELWEISS · Mr. Erickson provided the history of the parking problem in the cul-de- sac on Eidelweiss north of the Crooked Lake School softball fields which lead to the posting of "No Parking" signs last spring and the subsequent meeting to resolve the issue with members of the athletic association. Nothing was resolved at that meeting, but several individuals were going to meet with a mediator to attempt to resolve their differences. Mike Foschi, 13558 Orchid Circle - didn't feel that mediation was going to resolve anything. The concern they have is not about the parking on certain streets. One concern is the safety, which all agree is a high priority. Everyone is against littering, which should not be tolerated. All agree on the basic issue regarding trespassing and having respect for one another's property. The issue is taxpayers and residents feel they have the right to access and park on city streets and cul-de-sacs. This is a right that should not be selectively taken from them because of exaggerated issues presented by certain individuals or parties. All neighborhoods experience children traipsing through yards. He believed the issue was exaggerated in order to get the "No Parking" signs placed in the first place. He was told he could not park on the street, even though he was legally doing so. When he questioned it, it was implied that the whole block would soon be a no parking zone. That is insane. The problem will always remain because it is the actions of some people, · not where people park their cars. He presented a petition with over 200 signatures of Andover residents asking the Council for the same treatment that was given about a year ago with a petition of 26 individuals, only this time to remove the signs. He does approach children and individuals when he sees a problem with trash, trespassing, etc. He stated the "No Parking" signs should be removed. Jody Tyson, 2922 139th Avenue - stated she is the only resident present from that neighborhood because no one was notified that this would be discussed this evening. She thought there was agreement to mediate the situation. She talked with some Anoka County mediators and wa~told this would be a good issue for mediation. The first session is scheduled for July 15. She asked that the issue be tabled until that process is complete and because the people directly affected were not notified of this meeting. Councilmember Jacobson stated he received at least two phone calls from residents, so others do know about this discussion. Ms. Tyson - stated that is purely happenstance. Everyone was not notified. There was discussion among the audience with one resident stating they did not agree to the mediation and do not feel it will resolve anything. They want to be able to park there. There isn't limited parking around other ball fields, not understanding why this · particular park gets special consideration not to have the traffic. Ms. Tyson - read a letter dated June 20, 1995 to the Mayor and Councilmembers signed by "The Homeowners in Woodland Creek" stating their reasons for wanting the "No Parking" signs to remain. She met with several neighbors this afternoon to draft the letter for their input and approval. Those signs have helped with the traffic immensely. -.._"--- --- -~-_.....-- r]J1 Regular Andover City Council Meeting Minutes - June 20, 1995 page 11 . ("No Parking" Issue/139th and Eidelweiss, Continued) The Council wondered where people parked before this development was constructed and asked about the parking at Crooked Lake School and Meadow Creek Christian School. There was a dispute as to exactly how many parking spaces are available between Crooked Lake School and Meadow Creek. Those from the athletic association stated that there is insufficient parking space at Crooked Lake School with testimony to that effect, that people do park at Meadow Creek though there is a concern now with the construction under way plus they have never hear~they were allowed to park there, and that there are more games scheduled on those fields than there has been in the past resulting in more traffic and vehicles in the evenings. They would like to be able to park in the cul-de-sac where they can haul all of the equipment to the fields, and stay there parked legally. There is only one house there now. They stated if there is a problem parking in front of the fire hydrant, it is a legal issue that should be tagged by the police. Ms. Tvson - stated argued there are 150 parking spots between the two schools, that the construction area is fenced, that she has kept track of the cars and found ample parking space just this evening at 6:45. . She also had a video and pictures of the problems they had experienced before the signs were installed on Eidelweiss of triple parking in the cul-de-sac and parking next to fire hydrants. She talked with several of the residents over the past few weeks, and they continue to agree that this is a problem that would continue if the signs were removed. No one wants to see the signs removed. Also, the cul-de-sac is only temporary, which means it is smaller than normal. Councilmember Kunza stated he came to the site. There weren't as many softball players years ago as there is now, so there was ample parking then. He went through the parking lots three times on three different occasions and found there was no parking available, plus there were 25 ~o 30 cars parked on the street at 139th and Eidelweiss. Mayor McKelvey hoped that the parking problem would be alleviated somewhat when the Field of Dreams opens, so more of the games can be scheduled there instead of at Crooked Lake School. It was also noted that there are only two to three weeks left of the softball season. MOTION by Jacobson, Seconded by Kunza, that the City continue to have the "No Parking" signs for the next three weeks until the baseball/softball season is over; and then authorize City Staff to pull them with the intent if there is a problem next year, that the Council will consider putting them back in on a permanent basis if the problem . persists back there. Motion carried unanimously. SHARON'S 2ND/AUTHORIZE RESPONSE TO HElL LETTER, CONTINUED Deanna Heil, 14554 Bluebird Street - showed pictures to the Council of the problem with their driveway. She explained Bluebird Street was level with Andover Boulevard in 1988 when they purchased their property. When utilities were installed through Bluebird Street and again when it was paved, the elevation was lowered each time. They were never notified , _ .. _ _ _. __ . _u___ ( !.II Regular Andover City Council Meeting ,- Minutes - June 20, 1995 Page 12 (Sharon's 2nd/Response to Heil Letter, Continued) of this change and it has created a problem with their driveway. In the fall of 1994 they made at least two calls to Mr. Haas regarding the driveway and were told the driveway and road would match. In the spring of 1995, her husband called Mr. Haas about it again. Never once did Mr. Haas mention that the driveway would have to be ripped up. The road was · dug down and they still had cars in their garage. Later in the project the contractor drove over their driveway and chipped it. At this point they were still not informed that it would have to be ripped up and redone. plus their grass was torn up. On May 31 Mr. Erickson came over and justified what was done. She found it hard to believe this is the way it had to be. She is furious about what has happened with the driveway and with the pond in the back yard. The driveway now has a steep incline that is difficult to drive up in the winter. It scrapes the bottom of their car when backing onto the street. The incline also eliminates the ability of the children to play basketball. She is appalled by the attitude of the people. The workers have no consideration for those living there except to get the work done. Instead of asking them to move the mailbox, they cut the pole in half and threw it into their yard. People have been shocked with what has happened with the driveway, and there has not been one positive remark about the City council as a whole. No one is happy about the things that have been done. Bluebird is blacktopped now, but it wasn't when she first approached the City with the problem of their driveway. Mr. Erickson provided the background on Bluebird Street regarding the installation of utilities, storm drainage and street. With the shift in location of the road closer to the Heil driveway and the lowering of the · elevation to provide positive drainage for the storm water, it leaves their driveway with a steeper slope. He showed a video of the driveway. He felt there are several options to remedying the situation. Mrs. Heil - stated they have gone over the options, and they are not really satisfied. The Council noted the elevation of the street cannot be changed; however, they did feel the City has an obligation to resolve the driveway problem with the Heils. Any solution, however, must be agreed to by the Heils. They suggested the Heils and Mr. Erickson meet again to come to an agreement on resolving the driveway situation. Mrs. Heil agreed. ,- Mr. Erickson then explained the need for the sedimentation basin which was constructed within the new plat of Sharon's 2nd Addition but which borders the Heil's property. That basin, which is a requirement of the Wetland Conservation Act and the Coon Creek Watershed District, is to accommodate the runoff from the lots within Sharon's 2nd. It is located entirely on the developer's property and discharges to a wetland to the south. He showed a video of the pond, noting it is a dry basin which will rise to two to three feet during a rain but will go down almost immediately. The City has not fenced these areas in the past but it does have an obligation to maintain it. Attorney Hawkins did not believe here was any liability on the part of the City unless the City is negligent · in the design and/or maintenance. --., -- ---- ..~ ~ [.11 Regular Andover City Council Meeting Minutes - June 20, 1995 Page 13 (Sharon's 2nd/Response to Heil Letter, Continued) Ms. Heil - expressed frustration at the pond being installed without their being notified, with the fear for the safety of their children in their back yard and that they purchased that particular parcel because it was not close to a pond. Now they live on a parcel that is uncomfortable because of the pond in the back yard and the steep driveway in the front yard. The Council noted the legislative changes made the last few years regarding storm water drainage. Nothing can be done about the sedimentation basin, but the driveway situation can definitely be resolved. , ASHFORD DEVELOPMENT SKETCH PLAN/SECTION 28 Mr. Erickson reviewed the sketch plan as proposed by Ashford Development to develop 14 R-1 single family rural residential lots. The Planning Commission reviewed the sketch plan and suggested the possibility of moving the two lots with variances for size to the interior lots. The main issue is the access to the property. Currently 149th Avenue is designated as a Municipal State Aid Street and posted as a minimum maintenance road. The City has easement to the western corner of the parcel. The Staff has provided two options on the alignment of an MSA street should the Council wish to consider that street extension. They , are just "shadow" alignments which could be placed anywhere through that area. Councilmember Dehn was concerned with pushing a road through agricultural land. It makes it very difficult for those people farming the land, dividing the fields, the additional traffic and the problems with moving farm equipment along and over a busy road. The Council discussed the options if they do not want to construct 149th as an MSA road, that is to blacktop the street as a standard City street and assess the costs to benefitting property owners, require the developer to pave it, to leave it unpaved, or not allow the development because it has no access. It was noted the practice in the past was to require a blacktopped road access to a development. Mayor McKelvey did not think it would be necessary to construct the proposed MSA street. At one time it was considered to provide another access to the other side of the City to provide a feaster response time for the Fire Department. With the construction of Station 2, that need is lessened. Jerrv Windschitl, Ashford Development - was not here to create assessments for anyone. The parcel of land is not part of any farm and has a public right of way to it. The state aid road is a totally different issue and is at the Council's discretion. If it is desired, they are proposing to dedicate the easement for it. That is the reason . two of the lots are undersized. The parcel is 40 acres of sand with no wetlands. They have done soils exploration on the site and there are no development issues. Attorney Hawkins stated assuming there is right of way there, it does not obligate the City to construct a road. They can require the road to be put in at the developer's expense, but they are under no legal obligation to put the road in at the City's expense to facilitate a development. --., - --. -~'-- (I) Regular Andover City Council Meeting Minutes - June 20, 1995 Page 14 , (Ashford Development Sketch Plan/Section 28, Continued) Mr. Windschitl - stated there are three houses built at the end of the road, and the City is obligated to provide minimum fire protection. The front portion is Class 5 and sand; the rest has basically little to no maintenance. He likened this development to Kob's off Tulip, which is not blacktopped. Councilmember Knight noted the Larson's were required to construct a blacktop street in their development. Councilmember Jacobson was of the opinion that a blacktopped street is needed to serve the development, and he did not wish to construct the street and impose an assessment to adjoining property owners to accommodate a development. , Mr. Windschitl - has no problem paying for all of his own utilities within the plat. If the Council stops him from platting the property, it will devalue it substantially. MOTION by Jacobson, Seconded by Dehn, based upon the opinion of the City Attorney that the parcel in question which is under discussion for development does not have adequate access on a publicly dedicated, constructed and maintained road, and based upon his opinion the City cannot be forced to bring the road to allow such development, the view at this point is to turn down the sketch plan for that reason. DISCUSSION: Councilmember Jacobson said it is another issue if the developer wishes to build the road at his expense. Mr. Windsch~tl stated he cannot afford to build 3/4 of a mile for a 40-acre development. As a state aid road, it is no different than Tulip, University, 173rd, and others. There was discussion with some members of the audience about the houses along 149th. Mr. Carlberg explained the conditions under which a house can be built at the end of the right of way, Mr. Windschitl stated his parcel would qualify. He has made no proposals that would involve the land of others. He has only submitted the sketch plan. The map of the road extension was done by City Staff. Ken Slvzuk understood from previous dealings with the Council that , - people were going to be notified if anything were proposed for their property, yet the three major landowners were not notified about this which directly affects them substantially. Councilmember Jacobson explained this is only a sketch, and that they would be notified when the preliminary plat comes before the Planning Commission. Mr. slvzuk - argued by then the process is half over. He was bothered by this because he was told by the Council that they like the farms and open spaces and want to protect them. To construct a road through 500 acres of agricultural land to serve 14 people is irresponsible, and can create problems if, for example, people complain about the helicopter flying over at 4:30 a.m. What about restricted access to an MSA street, as they need access to their fields? Why aren't MSA streets built to the 9-ton standard? Mr. Erickson noted the State requires them to be 9-ton. Mr. Slvzuk - questioned why 157th and South Coon Creek Drive were not 9- ton. Who will be responsible for maintenance when their equipment leaves peat on the road when harvesting. Will he be compensated if he cleans it up? This road imposes a hardship on them that is not there now. He didn't think this was the right time to develop the parcel as proposed. VOTE ON THE MOTION: Carried unanimously. -~ - --.-- -- . - ~.~ - - - 1[111' Regular Andover City Council Meeting Minutes - June 20, 1995 Page 15 AMEND ORDINANCE 8, THERAPEUTIC MASSAGE/CABINET MAKING and ADOPT ORDINANCE 109/THERAPEUTIC MASSAGE Councilmember Jacobson was opposed to allowing therapeutic massage as a home occupation or to be performed at the homes of residènts. He thought the ordinance will create more problems than it solves and didn't see a need for it. If it is needed, it should be in the industrial district. When efforts are being made to clean the City up, he felt this is a time bomb which opens the door to Pandora's Box. Councilmember Knight also disagreed with it as a home occupation, feeling the possibility for unacceptable behavior is greater than the City wants. Councilmember Dehn likened it to the home occupations of a tanning salon, hair dresser, or chiropractor. The number of customers and employees is explicit in the ordinance. She did want to see a requirement for state licensing whenever that becomes a reality. . Councilmember Kunza agreed. Mayor Mckelvey had no problem with it as a home occupation. The Council agreed to review the ordinance first. Councilmember Jacobson made the following comments and recommendations for the proposed Ordinance 109 regulating massage businesses: Section 2, Findings: He didn't see a need, as only one person has asked for it. Item c talks about eliminating the risks, which he felt could be eliminated by not allowing the use anywhere in the City. Page 4, background checks: should be required. Page 5, Section 7, Item 4: will be hard to prove. Page 6, Item 3, subsection 2: The hours of operation do not m~ke sense. Page 6, Item 3, subsection 3: Question the authority of the City Clerk to promulgate rules. That is the responsibility of the Council. The debate continued on the ordinance itself, with Councilmembers Knight and Jacobson expressing opposition, especially in residential areas; and Councilmember Dehn recognizing the use as an occupation which is rapidly gaining professional status. Other cities have allowed the use. At this point it was noted that a 4/5 vote is required to approve the ordinance. Because four Councilmembers were not in favor, it was agreed to send it back to Staff and the Planning Commission to consider . drafting an ordinance to allow therapeutic massage in commercial areas only, but not as a home occupation. MOTION by Dehn, Seconded by Kunza, to so move. DISCUSSION: Councilmember Jacobson was also bothered with allowing them to move from site to site. Cara Geist, 13464 Jonquil Street - understood the logic behind everything that was said, but felt it is a personal attack against her profession. Therapeutic massage is an alternative medical modality, and it is unfortunate that there is the attitude of it being a front for prostitution, as anything can be a front for prostitution. She performs massage therapy now, seeing people of all ages and from all walks of life. She maintains a high standard of integrity in her practice and asked that the use be considered in that same line. By adopting an ordinance, the City has more control over it. She was asking that her profession have the dignity it deserves as having a place in the health care industry. Motion carried unanimously. - - -~, - --- -. ..-.- --~ -- 1i]J1 Regular Andover City Council Meeting Minutes - June 20, 1995 Page 16 (Amend Ordinance 8, Therapeutic Massage/Cabinet Making and Adopt . Ordinance 109/Therapeutic Massage, continued) MOTION by Dehn, Seconded by Kunza, to accept the ordinance amendment for Ordinance 8 other than therapeutic massage, that it not be included as a home occupation, but include cabinet making/woodworking as a home occupation. DISCUSSION: Mr. carlberg explained as amended, no Special Use Permit would be required for the cabinet making/woodworking. The Council preferred that the use be limited to the R-l district and a Special Use Permit be required. Councilmember Dehn amended motion to allow cabinet making/woodworking as a Special Use only in the R-l district. Second Stands. Motiòn carried unanimously. 155TH LANE/LAKERIDGE/IP95-B/DISCUSSION Mr. Erickson explained Pat A'Hern has inquired on the status of 155th Lane NW west of Silverod Street NW in Lakeridge. The right of way and subgrade exists, but it was never paved. Mr. A'Hern is concerned with who is responsible for having this 300 feet of street paved. . Pat A'Hern, 3620 157th Avenue NW - stated that road was put in for access to his property when Lakeridge was developed. He attended the meeting 17 years ago for that project and agreed with the Class 5 because the road was not needed and he had no plans to develop. It was his understanding that money was escrowed for paving in the future. The road was built but asphalt was not put on it. It was maintained for several years, then the maintenance stopped since no one used it. Now he would like to do a lot split and have 155th Lane as the access, and he'd like the promise made at the original hearing fulfilled. Mr. Erickson did not believe the City had money in escrow to pave that street. The Council felt if development is desired, there must be a street constructed to City standards and maintained. Frank Stone, Public Works, did not recall maintaining that street in the 17 years he's been in the City. It is grown up with grass, and the Class 5 is gone. Mr. A'Hern - disagreed, arguing it was maintained when the development went in. There was a street sign there and it was plowed for the first five years. It has not been maintained since then at the choice of the City. Attorney Hawkins advised this situation is no different than the sketch plan earlier this evening. The City does not have an obligation to construct a street to benefit a developer. . Mr. Erickson stated he will verify if the escrow has been released. The Council agreed to table the item to allow the Attorney and Staff investigate the original plat and the maintenance records and send a letter of the findings to Mr. A'Herns within a few days. If the records show the road has not been accepted or maintained, the Council's position would be Mr. A'Hern's back parcel could not be built upon until the road is brought up to current standards. If it were to be blacktopped, the costs would have to be assessed. , --.. -- . - .--~._-- I: [.[1' Regular Andover City Council Meeting Minutes - June 20, 1995 . Page 17 CHANGE FACILITATORS/EXTERNALITIES Lucille Crow and Greq Withers , Chanqe Facilitators - addressed the Council on their proposal to facilitate a Visioning Work Session for the Andover City Council. This is a means to identify trends, available local resources and priorities and communicate future direction to the community. Councilmember Jacobson did not have this in mind when he suggested the issue of externalities be addressed. He was looking more for specific ordinance and policy changes to address the issues of green . space, police and fire protection, schools, etc. He did not want to redo the Comprehensive Plan. Mr. Fursman stated when this was discussed jointly with the Planning Commission, the meeting ended with an agreement to try to determine a vision statement and goals for the City. That is why he contacted Change Facilitators to help develop a mission statement. Decisions on externalities will be easier to make when the ultimate goals of the city are defined. Also, part of the discussions at that special meeting was the CDBG allocation designed to upgrade the Comprehensive Plan. This would be eligible costs as that first step. MOTION by Jacobson, Seconded by Dehn, that we accept the proposal, and the funds to come from the CDBG Fund. The time limit of when this process is completed is by the end of August. DISCUSSION: Councilmember Knight felt it is important to include the Planning Commission. Motion carried unanimously. STAFF, COMMITTEES, COMMISSIONS MOTION by Jacobson, Seconded by Dehn, to authorize Items Numbers 14, 15 and 16, and accept Item 17. (See: Item 14 Lease/Purchase Copy Machine/Fire Department . Item 15 Hire Fire Department secretary (Diane Zupfer) Item 16 Hire Parks Maintenance Employee (Jeffrey Okerstrom) Item 17 White Paper/City Hall (form committee to address present and future space needs for Andover Staff» Motion carried unanimously. PUBLIC HEARING: TIMBER MEADOWS 2ND/VACATION OF EASEMENT MOTION by Dehn, Seconded by Jacobson, to table Item No.4, Public Hearing for Timber Meadows 2nd/Vacation of Easement, until the next City Council meeting. Motion carried unanimously. · CONSIDER HIRING CONSTRUCTION INSPECTOR Mr. Erickson explained the salary of construction inspector would be paid for by the developers, charged against the projects. The intent of the position would be to have more thorough inspections in the urban and rural developments. He felt there will always be some type of construction, so the need will always be there. Another possibility is to have additional inspection services such as sewer inspections. . -- - -- . -.--....- -. -~ ".1.[1 ( . . Regular Andover City Council Meeting Minutes - June 20, 1995 Page 18 (Consider Hiring Construction Inspector, Continued) Councilmember Dehn wanted more detail on the position in terms of wages and benefits, what is being spent now to hire inspectors from TKDA and BRA, and specifically what type of inspections would be done. Council agreed to table the item pending further information. ,. LICENSE RENEWALS/AUTO RECYCLING YARDS MOTION by Knight, Seconded by Dehn, approval of all those recycling yards on the list. (Andover Auto Parts, Anoka Auto Wrecking, ATV Auto Salvage, Best Auto Parts, Commercial Auto Parts, Mom's Auto Parts, and Wilber's Auto Parts) DISCUSSION: Mr. Carlberg reported all renewal applications have now been received. Motion carried unanimously. PURCHASE EASEMENTS/DRAKE STREET/IP94-6, CONTINUED Counci1member Jacobson questioned why the City is purchasing easement . that is outside of the plat if it is required for Sharon's 2nd Addition. Mr. Davidson explained it is outside of the plat, and the cost will be charged against the project. He understood this was wetland, defined by easement and turned over to the City. It is for the overflow of storm drainage for the plat. It was a landlocked pond in which an overflow was put in not only for the plat but for that entire area. It could have been the developer's responsibility, but the City never anticipated having to purchase it because the owner had indicated a willingness to provide the easement when he was at the public hearing. There is benefit to both the developer and the adjoining neighborhood. ,. MOTION by Jacobson, Seconded by Dehn, on Item No. 25 with the exception that it is charged back to the developer that portion of the costs which is his. If there is extra cost because of work in the streets, etc. that necessitate the whole project to partake in part of that cost, that other part of the cost will be assessed to the whole project. Be sure that everybody is assessed correctly. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Kunza, approval of the claims submitted. Motion carried unanimously. . MAYOR/COUNCIL INPUT Ban on Watering - Mr. Fursman explained the City is experiencing a severe water problem and that he will be restricting water usage as deemed necessary. It may be to eliminate watering all together or to limit watering to every other day, depending on the severity of the problem. Time is needed for the water tower to be recharged, as right now it is at a critical level for fire suppression. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 1:42 a.m. ' ~ 11\P~(i~~ M~r~la A. Peach, Recording Secretary - -- ~ -- ---. - --...-