HomeMy WebLinkAboutCC March 21, 1995
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CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - MARCH 21, 1995
to Order 7:00 p.m.
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Discussion Items
1. Lot Split/Variance/560-177th Avenue NW/Scardigli
2. Discussion/Woodland Creek Sign Extension
3. Discussion/Highway 10 Signs
4 . Development contract/Urban Area, cont.
5. Development contract/Rural Area, cont.
6. Ordinance 10 Amendments
7. Ordinance 17 Amendment
8. Approve Revised 1995 park Capital Budgets
9. Order plans & Specs/93-7/City HaIl Park Complex i2/
. Irrigation
10. Discussion/MSA Designation/Shadowbrook
11. Award Bid/94-1/City Hall Park Complex iI/Lighting
12. Declare Cost/93-5/Winslow Hills 3rd
13. Approve plans & Specs/94-18/Trunk San. Sewer & Water
14. Accept Petition/95-1/Woodland Creek 5th Addition
15. Order Feasibility Study/Accept Feasibility Study/Waive
Public Hearing/Order project/Woodland Creek 5th/95-1
16. Review Investment Policy Information
BRA Meeting
17. Public Hearing/Award Social Service Grants/CDBG
Reports of Staff, Committees, Commissions
18. 1994 Parks Department Report, cont.
19. Snowmobile Task Force Update
20. Human Rights Commission, cont.
Non-Discussion/Consent Items
21. Refuse Hauler License Renewals
22. Salvage Yard Update
23. Approve Abatement/Delinquent Utility/Special Assessment
24. Approve Res/Revise Authorization/Sell, Assign, Transfer
and/or Deliver Funds
25. Adopt Resolution/Minn. Emerging Communications Service Act
Mayor-Council Input
Payment of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 21, 1995
TABLE OF CONTENTS
RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1
CONSENT AGENDA
Resolution R034-95 awarding bid/IP94-1/City Hall Park
Complex #l/Lighting to Klein Electric · · · · · · · · · · 2
Resolution R035-95 approving plans & specs/IP94-l8/trunk
sanitary sewer and water · · · · · · · · · · · · · · · · 2
Resolution R036-95 accepting petition/IP95-1/Woodland
Creek 5th Addition · · · · · · · · · · · · · · · · · · · 2
Resolution R037-95 order feasibility/accept feasibility/
waive public hearing/order project/IP95-1/Woodland Creek 2
Snowmobile Task Force update · · · · · · · · · · · · · · · · 2
Refuse hauler license renewals · · · · · · · · · · · · · · · 2
Salvage yard update · · · · · · · · · · · · · · · · · · · · · 2
Approve abatement/delinquent utility/special assessment . .. 2
Resolution R038-95 revising authorization/sell, assign, transfer
and/or deliver funds · · · · · · · · · · · · · · · · · · 2
Resolution R039-95 supporting Minnesota Emerging Communications
Service Act · · · · · · · · · · · · · · · · · · · · · · 2
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2
LOT SPLIT/VARIANCE/560-177TH AVENUE NW/SCARDIGLI
Resolution R040-95 granting approval · · · · · · · · · · · · 3
DISCUSSION/WOODLAND CREEK SIGN EXTENSION
Resolution R041-95 granting three-year extension · · · · · · 3
DISCUSSION/HIGHWAY 10 SIGNS · · · · · · · · · · · · · · · · · · 3
Motion to decline · · · · · · · · · · · · · · · · · · · · · · 4
HUK~ RIGHTS COMMISSION . · · · · · · · · · · · · · · · · · · · · 4
DISCUSSION/MSA DESIGNATION/SHADOWBROOK · · · · · · · · · · · · 4
DEVELOPMENT CONTRACTS/URBAN AND RURAL . · · · · · · · · · · · · · 6
Motion to approve · · · · · · · · · · · · · · · · · · · · · 7
1994 PARKS DEPARTMENT REPORT · · · · · · · · · · · · · · · · · · 7
ORDINANCE 10 AMENDMENTS · · · · · · · · · · · · · · · · · · · · · 8
ORDINANCE 17 AMENDMENTS
Motion to approve · · · · · · · · · · · · · · · · · · · · · · 9
REVISED 1995 PARK CAPITAL BUDGETS
Motion to approve · · · · · · · · · · · · · · · · · · · · · · 9
ORDER PLANS AND SPECS/IP93-7/CITY HALL PARK COMPLEX #2/IRRIGATION
Resolution R042-95 to order · · · · · · · · · · · · · · · · 10
DECLARE COST/IP93-5/WINSLOW HILLS 3RD
Motion to table · · · · · · · · · · · · · · · · · · · · · · · 10
REVIEW INVESTMENT POLICY INFORMATION · · · · · · · · · · · · · · 10
BOND REFINANCING PROPOSAL . · · · · · · · · · · · · · · · · · · · 10
MAYOR/COUNCIL INPUT
Neighborhood Crime Watch Program · · · · · · · · · · · · · · 11
Externalities · · · · · · · · · · · · · · · · · · · · · · · · 11
Public meetings on new City Hall · · · · · · · · · · · · · · 11
Ordinance Review Committee · · · · · · · · · · · · · · · · 11
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 11
ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 11
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
REGULAR CITY COUNCIL MEETING - MARCH 21, 1995
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on March 21, 1995, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Dehn, Jacobson, Knight
Councilmember absent: Kunza
Also present: City Attorney, William G. Hawkins
City Engineer, Scott Erickson
City Planning Director, Dave Carlberg
City Finance Director, Jean Nichols
City Administrator, Richard Fursman
Others
RESIDENT FORUM
Winslow Holasek - asked for a clarification on a Resolution passed last
December, a copy of which he handed to the Council, regarding charges
for research and making copies. He researched the information needed
himself. On March 6 he asked Staff to make copies of 31 different items,
appreciating the Staff's efficiency and their kindness toward him at all
times. The 31 copies at $3 each equalled $93; but they then charged him
an additional $25 per hour for the 1 1/2 hours it took to make those
copies. That amounted to $87 per hour. On March 15 he had additional
copies made and the bill was $157.75, plus charging for Staff time,
which equated to $98 per hour. He talked with Mr. Fursman about the
additional Staff time charge since he did all the research, and Mr.
Fursman did reduce the Staff charge in half. He asked for clarification
on the Resolution which sets those charges. In the discussion, Staff
noted additional time was needed to take apart the maps, make copies,
then reassemble the materials. It was not just a matter of making
copies. This was an unusual situation in which Mr. Holasek did the
research, but the copying did take a lot of Staff time. It was Mayor
McKelvey's opinion that the charge for copies should cover the labor as
well and that the additional charge per hour is not applicable.
Councilmember Knight also thought the charge per copy should be
sufficient to cover Staff time. Councilmember Jacobson felt there may
be times when additional Staff time is needed to locate documents, etc.,
even though the research is being done by another. He felt the
situation would dictate whether or not it is reasonable to require the
extra charge. He felt the decision should be left up to the City
Administrator.
AGENDA APPROVAL
Move the following Items to the Consent Agenda: 11, Award Bid/IP94-
l/City Hall Park Complex #l/Lighting; 13, Approve Plans & Specs/IP94-
18/Trunk Sanitary Sewer and Water/ 14, Accept Petition/IP95-1/Woodland
Creek 5th Addition; 15, Order and Accept Feasibility Study/Waive Public
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Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 2
(Agenda Approval, Continued)
Hearing/Order Project/Woodland Creek 5th/IP95-1; and Item 19, Snowmobile
Task Force Update. Table Item 17, Public Hearing/Award Social Service
Grants/CDBG to the April 18 meeting. Staff was asked to provide more
information the Northwest Suburban Kinship, Inc. , organization. Add
Item 20a, Bond Refunding Proposal. Move Item 20, Human Rights
Commission, to 3a.
MOTION by Jacobson, Seconded by Dehn, to approve the Agenda as amended.
Motion carried on a 4-Yes, I-Absent (Kunza) vote.
CONSENT AGENDA
Item 11 Award Bid/IP94-1/City Hall Park Complex #l/Lighting to
Klein Electric, Inc., $56,900 (See Resolution R034-95)
Item 13 Approve plans & Specs/IP94-18/Trunk Sanitary Sewer and
Water (See Resolution R035-95)
Item 14 Accept Petition/IP95-1/Woodland Creek 5th Addition (See
Resolution R036-95)
Item 15 Order Feasibility/Accept Feasibility/Waive Public
Hearing/Order Project/Woodland Creek 5th Addition/IP95-
1 (See Resolution R037-95)
Item 19 Snowmobile Task Force Update
Item 21 Refuse Hauler License Renewals
Item 22 Salvage Yard Update
Item 23 Approve Abatement/Delinquent Utility/Special Assessment
Item 24 Approve Resolution/Revise Authorization/Sell, Assign,
Transfer and/or Deliver Funds (See Resolution R038-95)
Item 25 Adopt Resolution/Minnesota Emerging Communications
Service Act (See Resolution R039-95)
MOTION by Dehn, Seconded by Jacobson, to approve the Consent Agenda.
Motion carried on a 4-Yes, I-Absent (Kunza) vote.
APPROVAL OF MINUTES
February 28, 1995, Special Meeting: Correct as written.
March 2, 1995, Special Meeting: Correct as written.
March 7, 1995, Regular Meeting: page 8, Second from last line in
Motion to approve Special Election, change "percent II to
"precedent".
Page 9, correct first sentence to: Attorney Hawkins explained
he met with representatives from the county concerning the
appraisal on the yards that were involved in the clean-up
under the federal government's Super Fund Site.
March 7 Special Closed Meeting: Correct as written.
MOTION by Knight, Seconded by Dehn, approval of all four sets of Minutes
as corrected. Motion carried on a 4-Yes, I-Absent (Kunza) vote.
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Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 3
LOT SPLIT/VARIANCE/560-177TH AVENUE NW/SCARDIGLI
Mr. Carlberg reviewed the request of Cesarina Scardig1i to split a 2.5-
acre parcel from a 38-acre parcel and for a 30-foot variance for lot
frontage on the smaller parcel at 560 177th Avenue NW. The Planning
Commission has recommended approval with several conditions. By granting
the variance for the smaller parcel, the other parcels will meet
ordinance requirements. Parcels Band D will be combined with the
adjacent parcel, which will correct those nonconforming lots.
MOTION by Knight, Seconded by Jacobson, the Resolution as presented.
(See Resolution R040-95 granting the lot split and variance request of
Cesarina Scardigli to create two parcels pursuant to Ordinance No. 40)
Motion carried on a 4-Yes, I-Absent (Kunza) vote.
DISCUSSION/WOODLAND CREEK SIGN EXTENSION
Mr. Carlberg asked for Council direction on the area identification sign
located at the entrance to Woodland Creek at Marigold Street and Bunker
Lake Boulevard NW. The sign permit was issued in error by City Staff in
1988, and the Council subsequently allowed it as a temporary sign for a
period of three years unless renewed by the Council. Staff research
found there has been no renewal to date. Mayor McKelvey recalled that
the discussion of the Council at the time was to allow the sign until
the upgrading and widening of Bunker Lake Boulevard, which has not yet
been done. Councilmember Knight felt it is an attractive sign and saw no
reason to remove it until Bunker Lake is widened in the future.
MOTION by Jacobson, Seconded by Knight, approve the Resolution No. R229-
88 originally passed in 1988, and the only change would be that this
extension would be for a three-year period or until construction of
Bunker Lake Boulevard, whichever comes first. The indemnification would
still be required. (See Resolution R041-95) Motion carried on a 4-Yes,
I-Absent (Kunza) vote.
DISCUSSION/HIGHWAY 10 SIGNS
Mr. Carlberg reviewed the history of the City's attempt to have the
State install "Andover" identification signs along Highway 10. The
signs at Highway 10 and Round Lake Boulevard that were installed in 1989
were removed in 1993 by the Minnesota Department of Transportation.
After repeated meetings with MnDot, they have agreed that the signs may
be reinstalled provided Andover pays the cost, which is estimated to
cost between $5,000 and $15,000. Staff understands that even the
smaller signs indicating Andover with a directional arrow on the ramps
will be removed unless Andover agrees to have the larger ones installed.
He asked for Council direction.
Council discussion raised the concern of spending up to $15,000 of
taxpayers' money just to install a sign. They also expressed frustration
at the apparent ineptness of having the signs installed at one time,
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Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 4
(Discussion, Higway 10 Signs, Continued)
then removed, and now agreeing to have them installed again at the
City's cost for what seems to be an exorbitant price. Mr. Carlberg
suggested another alternative would be for Staff to contact the
businesses in the City asking for contributions to cover the cost.
MOTION by Jacobson, Seconded by Dehn, that we authorize the
Administrator to send a very nice letter to MnDot declining their offer
to put up signs but also authorize Staff, if they wish, to contact
businesses in the area to discuss the matter and see if they can get
outside sources of funding to do it. Motion carried on a 4-Yes, 1-
Absent (Kunza) vote.
HUMAN RIGHTS COMMISSION
Mort Ryweck, state project coordinator for the League of Minnesota Human
Rights Commission, addressed the Council about that organization. The
League is a private, non-profit state-wide organization. Forty eight
cities and two counties have established Human Rights Commissions in
cooperation with the State Department of Human Rights to enable the
communities to take a more positive stance on the human rights issue.
He noted an incident in Andover several years ago, which he found had a
disappointing community response. He also gave other examples of how
Leagues in other cities have helped victims of bias, hate and/or
prejudice. The League would work in a pro-active educational way in the
community with the schools and churches. There are no fees involved. He
urged the Council to consider establishing a League in Andover as an on-
going mechanism in the community for human rights issues. The Council
took no action at this meeting.
DISCUSSION/MSA DESIGNATION/SHADOWBROOK
Mr. Erickson reviewed the possibility of extending University Avenue
from Andover Boulevard south to Bunker Lake Boulevard. A sketch plan
has been submitted by developers of this area, and the Andover Review
Committee has asked that consideration be given to this possibility. If
it is to be extended, it will have a impact on the design of the
proposed development. The Police and Fire Departments have requested
the extension for health and safety purposes. The Road Committee has
also supported it as a candidate for a Municipal State Aid Collector
Street to provide a north-south collector route. The route shown on the
map is only a conceptual drawing for discussion purposes. Staff is
requesting direction on whether or not to proceed with a possible
extension at that location. Staff has contacted homeowners to discuss
this, plus the affected developers are present this evening.
Mayor McKelvey did not feel the route would be needed by the Police and
Fire Departments given the locations of the nearest Police and Fire
stations and existing routes to that area. He saw it as Andover
providing a road that would be used more by Ham Lake residents because
of the development there. He did not see the need for the extension.
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Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 5
(Discussion/MSA Designation/Shadowbrook, Continued)
Garv Gorham, Gorham Construction - stated he and Tony Emmerich are
developing Shadowbrook. The extension of University Avenue is not their
idea, and they are opposed to an MSA road going through that southern
development. First, in looking at the present MSA road system, prairie
Road is only .6 mile to the west along Andover Boulevard and .9 mile to
the west on Bunker Lake Boulevard. That already provides a very good
traffic flow through the City, and another road is not needed less than
a mile to the east through their proposed development. Secondly, there
is the problem with having to cross Coon Creek and impacting the
wetlands. The road could never be extended south of Bunker Lake
Boulevard because of the county park, so traffic must still turn east or
west at that point just as it does now from prairie Road. This is not
a wise use of State Aid funds. Thirdly, the proposed development is an
up-scale type development. A state aid road would impact approximately
90 lots. It is a fair assumption that the homes constructed next to the
road would have an assessed value of at least $50,000 less than if they
were able to construct them on a normal City street within a
development. In looking at the City and other major taxing districts,
it means a loss of $4,500,000 of assessed valuation each year for the
City, the county and the school district. This becomes a valid point
when looking at it along with the existing routes to move traffic
through the community. They hoped that this extension would not go
through the development.
Councilmember Jacobson felt this alignment would be very close to the
existing easement of Butternut Street and questioned the need, then, to
purchase additional right of way. Also, there is an existing house on
Andover Boulevard where the proposed extension would begin that may have
to be acquired and removed. He preferred to have the developer pay for
the road rather than the City. Also, there will be several entrances
onto Prairie Road and Bunker Lake Boulevard to provide the accesses
necessary for the Police and Fire Departments. Mr. Erickson noted the
developers would pay for the typical street portion. Anything beyond
that would be paid for by the City using MSA funds. Councilmember
Knight stated some of the items brought out this evening were not
mentioned at the Road Committee meeting. After listening this evening,
he would not be in favor of the extension. Councilmember Dehn was also
concerned with the displacement of wetlands which would result from that
street extension.
Brenda Tibideau , 140 Andover Boulevard - stated when they purchased
their land eight years ago, there were a lot of wetlands. They see 15 to
30 deer coming through there regularly as well as increasing numbers of
other wildlife. She'd hate to see that lost. The development has also
caused increased traffic on Andover Boulevard, and two dogs have been
hit in the last six weeks. It is sad to see the wetlands and natural
environment disintegrating.
The Council generally opposed the extension of University Avenue from
Andover Boulevard south to Bunker Lake Boulevard.
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Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 6
DEVELOPMENT CONTRACTS/URBAN AND RURAL
Mr. Erickson reviewed the proposed updates to the Urban Development
Contract as recommended by the Andover Review Committee. In discussing
Item 1 requiring the maintenance of the tree protection plan,
Councilmember Knight suggested the buyer of a lot sign off with the
seller, which would then be filed with the City, indicating the
awareness of the plan and the responsibility to maintain that tree
protection. Such a sheet could be signed along with the purchase
agreement.
Councilmember Jacobson then suggested the following verbiage to combine
Items 1 and 2: "The Developer shall be responsible to maintain the
required tree protection for the development grading until removal is
approved by the City Tree Inspector. Upon issuance of a building permit
for a lot, the developer is responsible to notify the builders and
individual owners within the development that they assume and are
responsible for erosion control, tree protection and protection of water
and sewer services." The last sentences pertaining to red tagging would
be deleted because it is already included in Ordinance 10.
Jerry Windschitl, Ashford Development - stated if the City wishes them
to provide a sign-off sheet, he asked that the City provide them with
the proper language. They would have no problem getting the buyers to
sign them. But once it is purchased, he can't tell the new owner to
leave the trees or take them off. Mr. Fursman agreed. Council noted it
is an acknowledgement of understanding about the plan, not a demand.
Tony Emmerich - felt under the present system no land owner would c1ear-
cut a lot. The system of notifying them at the time of the building
permit that there is a tree protection plan works. He sells strictly to
builders, and they all know Andover's policy. Under the new
understanding of the guidelines, he didn't think there will be the same
difficulties as in the past. Mr. Erickson noted Staff had a meeting
with the developers regarding this Contract and the Tree Protection
Plan. He felt everyone now has a better understanding of the Plan,
which will get passed on to builders via the developers and City Staff.
Byron Westlund - noted each year builders need to renew their license
with the City. He suggested using that as a vehicle for the City to
make them aware of the new changes in the Tree Protection Policy with a
brochure or flyer.
Gary Gorham - is not against what Councilmember Knight is trying to
accomplish of increasing the awareness level. Developers try to keep
their builders aware because it ultimately reflects on them as
developers. They do go over the grading plans and the Tree Preservation
Policy with the builders to be sure they know where their responsibility
starts and his ends. He would accept the sign-off sheet as proposed,
but felt it really will not help much. He suggested once all of the
changes are adopted, the Staff hold an information meeting with the
builders, developers and subcontracts about those changes. From a
developer's standpoint, the amount of people they use is minimal Regular
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Andover City Council Meeting
Minutes - March 21, 1995
Page 7
(Development Contracts/Urban and Rural, Continued)
compared to the builders and the large array of subcontractors they
bring to the site. Councilmember Knight now thought his concern is
addressed in the process already being used by the developers.
Mr. Erickson felt the informational meeting is a good suggestion and
could be done once all of the changes are adopted so Staff can clarify
the City's expectations and answer questions. He also stated he will
combine Items 1 and 2 of the Developer's Improvements Section as
proposed by Councilmember Jacobson. He went on to review Items 3 and 4.
There was no discussion on Item 3; however, Councilmember Jacobson
suggested a change in wording of the last sentence in item 4: liThe
warranty wi11 cover the cost of turf restoration and erosion control."
The new wording means the cost of both the materials and labor will be
covered under the warranty.
Mr. Erickson then explained Item 2 of the City's Improvements Section of
the Urban Area Development Contract and gave examples of what is meant
by the requirement. He also noted that this Contract was discussed with
the developers in the City, who are in agreement.
Mr. Westlund - stated they met twice with the Andover Review Committee
and there was a lot accomplished. The proposed changes have both Staff
and developer input.
The Council generally agreed with the proposal with the two noted
changes of combining Items 1 and 2 and a change in wording of Item 4 in
the Developer's Improvement Section. They noted those same changes
should be made in the Developer's Improvement Section of the Rural
Development Contract as well.
MOTION by Knight, Seconded by Jacobson, that we adopt the modifications
or changes to the City's Standard Urban Development Contract and the
City's Standard Rural Development Contract with the changes made to both
this evening. Motion carried on a 4-Yes, I-Absent (Kunza) vote.
The Council recessed at this time, 8:38; reconvened at 8:46 p.m.
1994 PARKS DEPARTMENT REPORT
Kevin Starr, Parks Department, reviewed the 1994 Parks Department Report
and the 1995 park statistics. The City maintains 37 parks plus the Fire
Stations, pumphouses, and other City-owned properties. There is 212
acres of maintained turf in the entire City which takes 4 1/2 days of
solid mowing to complete. They also maintain 25 ball fields, 12 soccer
fields, 33 play grounds, 22 Class 5 parking lots, 21 picnic shelters, 5
irrigation systems, and 12 hockey rinks in which 568 loads of water were
used this year. The Parks Staff consists of three people full time,
with another one to be hired in Apr il , plus two part-time employees
during the summer. The volunteer help in the City is very helpful,
including seven parks that have been adopted. The Council thanked Mr.
Starr for his presentation.
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Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 8
ORDINANCE 10 AMENDMENTS
Mr. Erickson explained the proposed revisions to Ordinance No. 10 to
bring it up to date and to provide the means and control necessary to
improve the platting procedure. Councilmember Jacobson had several
items of correction or concern, then gave his marked copy to the City
Engineer for review:
Page 4, A2: had a problem with the word "probable".
A6: suggested the no parking requirement be reinstituted.
Page 5, 602: use "shall" instead of "can".
Page 6, 7.02A: noted the use of the word "filing" instead of "file".
7. 02B: questioned whether the 60 days as shown for the
Planning Commission to hold a hearing is correct. Also, the word
"filing" appears under E.
Page 8: the word "filed" appears. Mr. Erickson also explained the
City's Development Policy Contract previously adopted by the
Council has a schedule for the development process. After these
revisions are approved, Staff intends to ask for approval of a more
defined schedule for development.
Page 10, k: questioned the word "significant". It is vague language.
Page 11, 9.01B: the word "contiguous" may not be appropriate, as the
Council has been told in the past that public roads, railroad
tracks, etc., renders property under the same ownership as not
being contiguous.
Page 15, 9.06: "adequate" rear yard and "utilizable" space are vague
terms.
Page 22, 10.08A.3: Topsoil and sod shall be installed prior to the
issuance of a Certificate of Occupancy. what happens if the house
is ready to be occupied in the January or February? Mr. Erickson
agreed it should be written to also allow an escrow for those
items.
Mr. Fursman noted some of the issues are philosophical. Some of the
language is ambiguous and subject to interpretation; and that was done
deliberately to allow Staff to work with developers rather than try to
regulate every circumstance. A very burdensome and overly technical
ordinance wouldn't allow them to work with the developers. When using
the term "significant", it allows the developer and Andover Review
Committee to work together without having to go to the Planning
Commission and Council to resolve issues. Councilmember Jacobson stated
these were his suggestions, but he is willing to be flexible.
Mr. Erickson stated another issue that has come up is that of the 39,000
square-foot requirement of buildable area in the rural area. The
question is whether that can be reduced.
Bvron Westlund, Woodland Development - stated this item has come up in
rural developments. They would like to request variances to that
requirement if they can demonstrate there is ample space for the house
and the primary and secondary septic systems plus outbuildings. There
is nothing definite on how that 39,000 square-foot requirement was
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Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 9
(Ordinance 10 Amendments, Continued)
determined, and they would like some flexibility of that number. He
asked Council to look at that. They did talk to the Building Official
and got the 6 1/2 feet above the high water mark lowered to 6 feet as a
compromise. Mr. Erickson stated he also talked with the Building
Official, who had a sketch of how the 39,000 square-foot requirement was
determined. It was determined that 30,000 square feet and the 150 x
200-foot building pad was needed for the buildings, primary and
secondary septic system and outbuildings, plus an additional 9,000
square feet for flexibility.
Tonv Emmerich, Emmerich Construction - stated the 39,000 square-foot
requirement is not a magic number. It could be two feet over the water
table, rather than 6 feet He would like to submit drawings to show that
the same things could effectively be done with 25,000 square feet, but
he is not prepared for that tonight.
Jerrv Winds chit 1 , Ashford Development - stated the building pad is
required to be 150 x 150 feet, but he argued the same square footage can
be obtained with a rectangle as well, which would give them some
flexibility to retain trees, etc. Is there anything wrong with using
100 x 200 feet instead? It would make a huge difference in some cases
if they would be allowed use a rectangle instead of a square box for a
pad. As it is now, if the land is one foot below what is needed for the
box, he would have to clear cut the trees to get to the required
elevations. Mr. Erickson stated the City Building Official came up
with the size using a certain sized house and accessory structures, and
there is a similar sketch that can be shown at the next meeting. It is
felt the requirements do provide the flexibility to accommodate the
sanitary sewer installations and other buildings; however, this is not
an item he is prepared to discuss in detail this evening. He suggested
these two items be discussed at the next meeting and allow the
developers to present their side as well. The Council agreed.
The Council also agreed to table the item to the next meeting to allow
Staff to review the comments and changes discussed this evening.
ORDINANCE 17 AMENDMENTS
MOTION by Jacobson, Seconded by Dehn, to adopt Ordinance 17D, which is
an ordinance that establishes minimum elevations and standards for
building and driveway construction as presented. Motion carried on a 4-
Yes, I-Absent (Kunza) vote.
APPROVE REVISED 1995 PARK CAPITAL BUDGETS
MOTION by Dehn, Seconded by Jacobson, to approve the revised 1995 Park
Capital Budget as presented. Motion carried on a 4-Yes, I-Absent
(Kunza) vote.
c
,
Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 10
ORDER PLANS AND SPECS/IP93-7/CITY HALL PARK COMPLEX 12/IRRIGATION
MOTION by Knight, Seconded by Dehn, the Resolution as presented. (See
Resolution R042 -95 ordering the improvement of irrigation Project 93-7
in the City Hall park Complex *2) Motion carried on a 4-Yes, I-Absent
(Kunza) vote.
DECLARE COST/IP93-5/WINSLOW HILLS 3RD
Winslow Holasek - read a letter into the record dated March 21, 1995, to
the Mayor and City Council from Winslow Hills Properties objecting to
the assessments the City is proposing to assess Winslow Hills 3rd
Project, IP93-5, and requesting a public hearing prior to the adoption
of the assessment roll. They feel they are being assessed above and
beyond what they should be for storm sewer assessments in the Xeon storm
sewer drainage area. At the request of Staff, Mayor McKelvey asked for
a motion to table the item at this time.
MOTION by Knight, Seconded by Jacobson, to so move. Motion carried on
a 4-Yes, I-Absent (Kunza) vote.
REVIEW INVESTMENT POLICY INFORMATION
Ms. Nichols reviewed the draft of the proposed Investment Policy to
define investment objectives and structure the way investments are
handled. Councilmember Jacobson suggested the addition of a specific
statement that the City will not invest in derivatives, possibly placing
that statement on the bottom of page 2. Also, page 2, last paragraph on
Delegation of Authority, add to the end "...after consultation with the
investment committee." He felt it is prudent to have the investment
committee's input and approval before the Finance Director makes any
investment.
Ms. Nichols stated she will change the wording and bring it back to the
Council for approval at the next meeting.
BOND REFINANCING PROPOSAL
Ms. Nichols reviewed the proposal to refinance a 1995 General Obligation
Improvement Bond at the same time the City is going out for other
General Obligation bonds for capital improvement. The total net savings
of the refinancing would be $72,477.17 over the life of the bond
maturities. If approved tonight, it would be included with the other
bond issuance that will be brought to the Council in two weeks for
capital improvements. That savings is after the cost of refinancing,
and the refinancing terms would be the same as on the present bond.
The Council gave verbal agreement to the refinancing proposal.
r
Regular Andover City Council Meeting
Minutes - March 21, 1995
Page 11
MAYOR/COUNCIL INPUT
Neighborhood Crime Watch Program - Mr. Fursman stated little has been
done with this program yet. Staff is researching funding and
coordinating it with the Sheriff's Department.
Externalities - Counci1member Jacobson asked about the progress being
made by the Planning Commission on the issue of externalities, as he
recalled they were directed to report back to the Council in March. Mr.
Fursman didn't think the Staff and Commission had enough of an
understanding to proceed and sensed a general level of frustration as to
exactly what they are trying to measure. He suggested the possibility
of a joint meeting on the issue. Councilmembers Jacobson and Knight
stated they would be willing to address the Planning Commission when
they have this item on their agenda to present their viewpoints. It was
thought that the city of Lakeville addressed this issue about a year
ago, plus they received assistance from the Hubert Humphrey Institute on
long-range planning.
Public Meetings on New City Hall - Mr. Fursman stated those are being
planned for the end of April. He asked if the Council wants just one
meeting, three meetings back-to-back, or one meeting plus a carry-over
date. The majority of the Council wanted the hearings held at City Hall
so the residents are able to view the present facilities. The specific
number of meetings was not decided.
Ordinance Review Committee - Mayor McKelvey stated the committee
organized to review the Ordinances that were proposed to be changed by
the Code Enforcement Official met for the first time last week. It
consists of seven residents from various precincts, Councilmember Kunza
and himself. The Committee has asked for approval to have a recording
secretary. Council discussion was on the philosophy of a committee of
residents as opposed to a committee sanctioned by the Council. The
majority of the Council did not want to make this an official committee
of the City because they felt it is a duplication of the
responsibilities of the Planning Commission. However, the Councilmembers
did not have a problem if the Planning Commission wishes to have a
committee or task force look at the ordinances and report back to them.
They also did not object to having Staff provide the committee with
information needed to review the ordinances. Because it is not an
official committee, the majority of the Council felt it would not be
necessary to have Staff prepare agendas or to have a recording secretary
present at their meetings.
APPROVAL OF CLAIMS
MOTION by Jacobson, Seconded by Knight, approve the Claims as presented.
Motion carried on a 4-Yes, I-Absent (Kunza) vote.
MOTION by Knight, Seconded by Dehn, to adjourn. Motion carried on a 4-
Yes, l-Absent(~~nza) vote. The meeting was adjourned at 10: 15 p.m.
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