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HomeMy WebLinkAboutCC May 2, 1995 ,- CITY of ANDOVER Regular City Council Meeting - May 2, 1995 Call to Order - 7:00 p.~. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Adopt Resolution/Workers' Compensation Reform 2. Receive Bids/Award Sale 1995 Improvement Refunding Bonds 3. Receive Bids/Award Sale 1995 Equipment Certificate 4 . Receive Bids/Award Sale 1995 Improvement 5. Shadowbrook Sketch plan 6. Approve Revised preliminary Plat/Woodland Creek 5th 7. Approve Final plat/Woodland Creek 5th 8. Award Bids/Wood1and Creek 5th/95-1 9. Special Use Permit/Kennel License/208 - 166th Avenue NW 10. MSA Assessment policy Discussion, Cont. 11. Consider MSA Redesignations, Cont. 12. Accept Easement/93-30/Kottke's Bus Service 13. Approve Grading Inspection Fees 14. Order plans & Specs/Cracksealing/95-3 15. Approve Plans & Specs/Cracksealing/95-3 16. Sewer Backup/Koes 17. Sale of Property to ISD 11 18. Salvage Yard Purchase 19. Supplemental Feasibility Report/94-18 20. Discussion/Lund's Towing 21. Receive Petition/95-7/0ak Hollow/Streets EDA Meeting 22. Purchase Agreement/Sandeen property 23. Request TIF Funds/139th Ave. Signals Staff, Committees, Commissions 24. Award Bid/Purchase of two I-ton trucks 25. Schedule Special Meeting/Canvass Election Results Non-Discussion items 26. Adopt Resolution/Intent to Reimburse 27. Refund Cash Escrow/Jonathan woods/Foxberry Farms 28. Reduce Line of Credit/Woodland Creek/87-27 29. Approve Reimbursement to ARDA/Irrigation Piping Mayor/Council Input parment of Claims fY\~~~=- ~ ðI-- AdJournment ç- J¡~ /'1'7 -. - . - ~~.- G REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 2, 1995 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R062-95 requesting Workers' Compensation reform · 1 Resolution R063-95 approving revised preliminary plat/ Woodland Creek 5th · · · · · · · · · · · · · · · · · · · 1 Resolution R064-95 approving final plat/Woodland Creek 5th · 1 Resolution R065-95 awarding bids/Woodland Creek 5th/IP95-1 . 1 Accept easement/IP93-30/Kottke's Bus Service ........ 2 Resolution R066-95 approving grading inspection fees .... 2 Resolution R067-95 ordering plans & specs/cracksealing/IP95-3 2 Resolution R068-95 approving plans & specs/cracksealing/95-3 2 Resolution R069-95 receiving petition/IP95-7/0ak Hallow/Street 2 Award bid/purchase of two I-ton trucks (from Iten Chevrolet) 2 Resolution R070-95 stating intent to reimburse · · · · · · · 2 Refund cash escrow/Jonathan Woods/Foxberry Farms · · · · · · 2 Reduce line of credit/Woodland Creek/IP87-27 · · · · · · · · 2 Approve reimbursement to ARDA/irrigation piping · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 RECEIVE BIDS/AWARD SALE 1995 IMPROVEMENT REFUNDING BONDS Resolution R071-95 to accept low bid of Piper Jaffray, Inc. , etc. , for $825,000 GO Refunding Bonds, Series 1995B · · · 2 RECEIVE BIDS/AWARD SALE 1995 IMPROVEMENT BOND Resolution R072-95 to accept low bid of FBS Investment Services, etc., for $2,605,000 GO Improvement Bonds, Series 1995A · 3 RECEIVE BIDS/AWARD SALE 1995 EQUIPMENT CERTIFICATE Resolution R073-95 to accept low bid of Piper Jaffray, Inc. , etc. , for $515,000 GO Equipment Certificates, Series 1995C 3 SHADOWBROOK SKETCH PLAN . · · · · · · · · · · · · · · · · · · · 3 SPECIAL USE PERMIT/KENNEL LICENSE/208 166TH AVENUE NW . · · · · · . Resolution R074-95 approving permit · · · · · · · · · · · · · 6 DISCUSSION/LUND'S TOWING · · · · · · · · · · · · · · · · · · · · 6 Motion directing P&Z to consider towing service · · · · · · · 7 SEWER BACKUP/KOES · · · · · · · · · · · · · · · · · · · · · · · · 8 SALE OF PROPERTY TO ISD #11 Motion to authorize sale to ISD #11, $154,925 · · · · · · · 8 SALVAGE YARD PURCHASE . · · · · · · · · · · · · · · · · · · · · · 9 SUPPLEMENTAL FEASIBILITY REPORT/IP94-18 Motion to table supplemental feasibility to next meeting · · 9 Motion to authorize change order to install dump site · · · · 10 SCHEDULE SPECIAL MEETING/CANVASS ELECTION RESULTS (Wed. May 10) · 10 NORTHWESTERN ANOKA COUNTY COMMUNITY CONSORTIUM · · · · · · · · · 10 MSA ASSESSMENT POLICY DISCUSSION · · · · · · · · · · · · · · · 10 Motion to refer to Road Committee · · · · · · · · · · · · · 11 CONSIDER MSA REDESIGNATIONS Motion to table · · · · · · · · · · · · · · · · · · · · · · · 11 MAYOR/COUNCIL INPUT "Children at Play" signs · · · · · · · · · · · · · · · · · · 12 Excessive speed off 140th near the park · · · · · · · · · · · 12 Rite-Way Tree and Landscaping · · · · · · · · · · · · · · · 12 Snowmobile Task Force update · · · · · · · · · · · · · · · · 12 New City Hall site · · · · · · · · · · · · · · · · · · · · · 12 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · 12 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 12 ~ ---> ._~..- - -- -_._---~ - .. ,~ .- -'..."..,- ~., - "..~ .~""..'" .,,' "-', J ',CITY of ANDOVER \ .1...) "" "'o"oow, ,ou,,","o ,.w. . ~="", "'''''0"' '''M . "'" ",·"'00 "... REGULAR CITY COUNCIL MEETING - MAY 2, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on May 2, 1995, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Assistant City Engineer, Todd Haas City Finance Director, Jean Nichols City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Barb Duerr. 13753 partridqe - stated her back yard faces Pov's Sports bar. She understands nothing was written in the permit for that facility as to how late the lights on the ball fields can be left on. The lights shine in their bedroom window and have been left on until 11:30 or later at night. Mr. Carlberg stated there is no provision in the liquor license or the Special Use Permit for the signs on the walls as to what time the lights will be turned off. At a meeting, a representative said they would be shut off about 10:30 at night. Mayor McKelvey stated he has talked with the owner, who has said they will be turned off as close to 10:30 p.m. as possible. He will see that that is being done. AGENDA APPROVAL Move to the Consent Agenda Items 1, 6, 7, 8, 12, 13, 14, 15, 21 and 24. Add Item 21a, Northwestern Anoka County Community Consortium. MOTION by Jacobson, Seconded by Dehn, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 1 Adopt Resolution/Workers' Compensation Reform (See Resolution R062-95) Item 6 Approve revised preliminary plat/Woodland Creek 5th (See Resolution R063-95) Item 7 Approve final plat/woodland Creek 5th subject to the signing of the Development Contract (See Resolution R064-95) Item 8 Award bids/Woodland Creek 5th/IP95-1 (See Resolution R065-95 awarding bid to Volk Sewer and Water, $99,553.28) 4 Regular Andover City Council Meeting Minutes - May 2, 1995 Page 2 (Consent Agenda, Continued) Item 12 Accept easement/IP93-30/Kottke's Bus Service Item 13 Approve grading inspection fees (See Resolution R066- 95) Item 14 Order plans & specs/Cracksealing/IP95-3 (See Resolution R067-95) Item 15 Approve plans & specs/cracksealing/IP95-3 (See Resolution R068-95) Item 21 Receive petition/IP95-7/0ak Hallow/Streets(See Resolution R069-95) Item 24 Award bid/purchase of two I-ton trucks (from Iten Chevrolet, Inc. , $67,663.68) Item 26 Adopt Resolution/Intent to Reimburse (See Resolution R070-95) Item 27 Refund cash escrow/Jonathan Woods/Foxberry Farms Item 28 Reduce line of credit/Woodland Creek/IP87-27 Item 29 Approve reimbursement to ARDA/irrigation piping Mayor McKelvey asked for a motion to approve the Consent Agenda. MOTION by Jacobson, Seconded by Dehn, to so move. Motion carried unanimously. APPROVAL OF MINUTES February 21, 1995, Executive Session: Correct as written. April 13, 1995, Board of Review: Correct as written. April 18, 1995, Regular Meeting: Correct as written. April 18, 1995, HRA Meeting: Correct as written. April 18, 1995, EDA Meeting: Correct as written. MOTION by Jacobson, Seconded by Kunza, to approve the April 13 Minutes. Motion carried on a 4-Yes, I-Present (Knight) vote. MOTION by Knight, Seconded by Kunza, approval of the Minutes for all three April 18 meetings and February 21. Motion carried unanimously. RECEIVE BIDS/AWARD SALE 1995 IMPROVEMENT REFUNDING BONDS Bob Thistle, Springsted, Inc. , reviewed the bids received for the $825,000 General Obligation Improvement Refunding Bonds, Series 1995B. He recommended accepting the low bid of Piper Jaffray, Inc. , in conjunction with John G. Kinnard & Company, Inc. , Dougherty, Dawkins, Strand & Bigelow, Inc., and American Bank National Association at a true interest rate of 4.9328 percent. Mayor McKelvey asked for a motion to that effect. MOTION by Dehn, Seconded by Kunza, to so move. (See Resolution R071-95) Motion carried unanimously. --.. . ~-..- - -.- --.- Regular Andover City Council Meeting Minutes - May 2, 1995 Page 3 RECEIVE BIDS/AWARD SALE 1995 IMPROVEMENT BOND Bob Thistle, Springsted, Inc. , reviewed the bids received for the $2,605,000 General Obligation Improvement Bonds, Series 1995A. He recommended accepting the low bid of FBS Investment Services, Inc. , in conjunction with Norwest Investment Services, Inc., for a true interest rate of 5.2639 percent. Mayor McKelvey asked for a motion to that effect. MOTION by Kunza, Seconded by Dehn, to so move. (See Resolution R072-95) Motion carried unanimously. RECEIVE BIDS/AWARD SALE 1995 EQUIPMENT CERTIFICATE Bob Thistle, Springsted, Inc. , reviewed the bids received for the $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C. He recommended accepting the low bid of Piper Jaffray, Inc. , in conjunction with John G. Kinnard & Company, Inc. , Dougherty, Dawkins, Strand & Bigelow, Inc., and American Bank National Association for a true interest rate of 4.9833 percent. MOTION by Knight, Seconded by Dehn, to so move. (See Resolution R073- 95) Motion carried unanimously. SHADOWBROOK SKETCH PLAN Mr. Erickson reviewed the general comments of the Andover Review Committee on the sketch plan of Shadowbrook presented by Tony Emmerich Construction and Gorham Builders. The development is proposed to be developed under a PUD calling for 360 single family urban development as well as 66 multiple dwellings in the northeast part of the parcel. An Environmental Assessment Worksheet will be required by State Statute. The City's Comprehensive Water Plan calls for a storage area and possible new well in this location, and Staff is advising it be located in the northwest corner of this site. The type of storage facility is not yet known. The Police and Fire Departments have expressed a concern for access to the north; however, the City Council has determined an extension of University Avenue would not be feasible through the site. The Police and Fire Departments have also expressed a concern with the number of cul-de-sacs in the development. The sanitary sewer may not be able to serve the entire site by gravity sewer, so a lift station may need to be considered. That determination will be made in the design stages of the project. The Planning and Zoning Commission generally agreed with the proposed sketch, though individual Commissioners expressed concern with having a multiple use on the site and with locating the townhomes in the northeast corner rather than close to Bunker Lake Boulevard. Council expressed some concern about the type of water storage facility that would be located in the northwest corner of the plat. Mr. Erickson stated it is not yet known whether the water storage facility would be ---" ---...- - -" -.- d Regular Andover City Council Meeting Minutes - May 2, 1995 Page 4 (Shadowbrook Sketch Plan, Continued) above ground or an at-grade reservoir. Further evaluation is needed. Councilmember Dehn stated residents adjacent to the proposed site have called her expressing concern that an above-ground tower would devalue their properties. Also, they didn't know that such facilities were being planned. She also had a concern with the townhomes located in that corner. Mr. Erickson stated they would address the concerns of the residents with an above-ground facility. Gary Gorham - stated there is about 2,000 feet along Bunker Lake Boulevard. They are asking for the 66 townhome sites because they have heard from the Council and residents that there is a need for them in the City. They are looking at the empty-nester style facilities of two residences per building on one level. Residents tell them they are looking for such facilities in a quiet area, and he felt such a populace would generate less traffic than the single family residences that have several cars per household. The external maintenance would be maintained by an association. The water storage facility is not his decision, but he thought it would be more environmentally friendly to have an at-grade storage facility with plantings above it. That particular area has a high elevation, and that is why the Staff looked at it. Councilmember Kunza asked why there were so many cul-de-sacs. Mr. Gorham stated there are only ten cul-de-sacs in the development, which calculates to one for every 26 acres. He thought they had held them down to a minimum in the development. From a developer's standpoint, that is what the people who come to the community want. They feel cul- de-sacs are safer and crime isn't as evident in them, though he realized the concerns from a maintenance point of view. That is why they have kept the cul-de-sacs to a minimum. They have also developed a lot of deep lots of single family units around the wetland areas. There are two outlets onto Bunker Lake Boulevard and two onto prairie Road, with another that would outlet to the north for future development there. Councilmember Jacobson agreed that an above-ground storage facility would not be the image he would like to see on Prairie Road. He questioned the proposed layout on the properties to the north, though he recognized that did not belong to the developers. He did not think development would occur as projected because the lot lines go directly through existing buildings. He did not think the City wanted 99 townhomes, which is what is being projected by the proposed future development on property to the west of the townhome site in the plat. He thought that should be looked at again. Mr. Erickson stated that could become single family. The Review Committee had asked the developer to show what could be developed there. Councilmember Jacobson favored townhomes, but he thought the proposal of 66 homes was excessive for the site. He understood the requirements are that PUDs with zero lot lines would be considered with an amount of green space equal to residential development. He did not think that was the case as proposed and wanted to see more green space, not townhomes squeezed into a small area. Also, there is no road going north, which he felt should be planned for. He didn't believe the ordinance allows outlots, though there is one shown on the sketch. - -- ..- -- ---- (j Regular Andover City Council Meeting Minutes - May 2, 1995 Page 5 (Shadowbrook Sketch Plan, Continued) Mr. Gorham stated that will change once the wetland delineations are completed. Councilmember Jacobson was also concerned with accepting park that is wetland and unusable and that there is no parking for Park #1 and only a 20-foot easement to it coming off a cul-de-sac. He suggested the Park Board look at that because people will not want to park on a cul-de-sac and walk back to a park. He was also concerned with the ability to get building sites around the existing pond in the middle of the plat. In addition, the exit onto Bunker Lake Boulevard at the lower right-hand corner of the sketch only serves a few lots. Basically, all of the other traffic will come out the road in the middle of the plat. He suggested the configuration be changed to move that easterly exit further to the west to provide another exit from the northeastern corner, then make the far east road into a deadend cul-de- sac. Mr. Gorham stated he talked with the Park Board, and their recommendation was not to take Park #1. He has given this further consideration and will be bringing the item back to them on Thursday, as there has been discussions about a trail system through there. The acreage in the park land is all high land. They would receive park dedication only on the high land; any wetland the city is willing to accept would be a gift as they don't expect anything back for the wetland park area. He felt Councilmember Jacobson's suggestion on the road configuration off Bunker Lake Boulevard is a good one which he will review. Councilmember Knight had a real concern with that many townhomes and only one outlet. He felt that is a lot of traffic on the residential streets, even if it is empty-nesters. The intent was not to crowd as many townhomes in an area as possible, but that a lot of green space is needed. Mr. Gorham stated they will look at that. They also looked at moving the townhomes closer to Bunker Lake Boulevard but found the people interested in those facilities find the quiet secluded places more desirable. The traffic question diminishes when comparing traffic generated from PUDs as opposed to the same amount of space per lot of a single family. He asked if it meets the ordinances, is the townhome concept something they would like to see. The Council gave verbal agreement to the concept but again felt the need for more green space. Regarding the ability to get MUSA approval for this site, Mr. Fursman stated they met with the Metropolitan Council's Staff representatives last week and discussed various options to resolve the on-site septic system inspections that is being required of the City, but they are not willing to back off on that requirement. The next step is to address the Metropolitan Council itself with a request to extend the MUSA line. Apparently Andover is not the only community with this dilemma. Staff is working to get on the Metropolitan Council agenda. There were no further comments on the Shadowbrook sketch plan. " - ----~- Regular Andover City Council Meeting Minutes - May 2, 1995 Page 6 SPECIAL USE PERMIT/KENNEL LICENSE/20B 166TH AVENUE NW Mr. Carlberg reviewed the Special Use Permit request of Debbie Brink for a kennel license to house six adult dogs on her 7-acre parcel, noting that because of the change in the ordinance, this will be the last Special Use Permit for a private kennel license that the Council will hear. The Planning Commission has recommended approval. MOTION by Knight, Seconded by Dehn, the Resolution. (See Resolution R074-95 approving the Special Use Permit request of Debbie Brink for a kennel license at 208 166th Avenue NW) Motion carried unanimously. ~ 5":1"./"10; DISCUSSION/LUND'S TOWING I qY\.o'('"d.ì""",w::-~ c.k~-C... t"o ",,,,\It.~ -r.._~-~ S.~...",:~5 Mr. Carlberg explained thelLunds have requested they be placed on the Agenda to address Lund's tþwing. Two and one-half years ago the City rejected their request for's ~poci3l Uoo Perm~ and the City has had a favorable court ruling in this case. Robert Lund and his wife, owner's of Lund's Towinq - asked that they be allowed to continue operating in Andover as a towing company and to be granted a Special Use Permit. Their company is needed in the City, and Mr. Lund related several instances where they have come to the rescue. It also saves the officers time because they can arrive on the scene faster than other services can. He can get to anywhere in Andover within ten minutes, but it takes 20 to 25 minutes for other tow companies; and the officer must wait until one comes. They have also been used when Anoka County deputies pick up people for DUI's after coming from Pov's Sports Bar. Council noted a Special Use Permit cannot be granted under the existing ordinance. An ordinance change would be necessary to allow the business. Mr. Carlberg also pointed out that was the process taken in 1992 and 1993 when the Lunds requested to remain in the City. The City Council determined on March 2, 1993, that based on the Comprehensive Plan and City ordinances that an impound lot would not be appropriate in the industrial area. It went against what the City is trying to do to with the TIF funds to eliminate some of the automotive type businesses. That decision has been upheld by the courts. If this is allowed in the industrial zones, it would also be allowed in Hughes' Industrial Park. Mrs. Lund stated Ordinance 33, Section 5, states cars will be towed within the City. Mr. Carlberg stated that is an interpretation issue, and Mr. Hawkins noted the City won both the legal and factual determinations. Mr. Lund argued Andover may have its own police department some day, and it will be important to have an impound lot in the City. People do not want to drive way outside of the City to pick up their cars. Mrs. Lund stated if the City doesn't want them on Bunker Lake Boulevard, they would be willing to move to another location within Andover. All other cities have at least one impound lot. - _H _ _.. 0__"'_ _ ____ i Regular Andover City Council Meeting Minutes - May 2, 1995 Page 7 (Discussion/Lund's Towing, Continued) In the Council discussion, Counci1member Knight recalled that the decision was made not to allow them because the City was trying to clean up that area and eliminate some of the automotive uses. He felt an impound lot provides the same visual impact as a junkyard. Even though the cars are rotated frequently, they are still smashed up cars. The City is spending a lot of money to clean up the area of these types of uses. Mr. Lund stated they would put up a fence as high as the City wants to screen the lot. The cars on their lot can be seen now because he doesn't want to stick a lot of money into fencing unless he knows he can stay. The City can control the number of licenses it issues for impound lots just as it does for garbage haulers. They could even enclose the entire lot so the cars cannot be seen. Mr. Carlberg felt once a Special Use Permit is granted, it opens up the area to other impound lots as well. Councilmember Jacobson was bothered because the Lunds just started the business without coming to the City first; and then they did not leave after the Council turned down their request several years ago. Councilmember Dehn had a problem with the City taking one business, especially one that is probably a necessary part of the City, and saying because there are already auto recycling yards, that another person with an auto-related type business must be excluded from the City so no more cars are laying about. There is a difference between 20 cars and 1500 cars on a site. She did not like the way this came about and she felt this type of service is needed in Andover. Mr. Lund agreed, noting the places he does towing for. He has four trucks and pays $15,000 a year to keep them insured and operational. The junkyards are hurting his business. He doesn't sell or repair anything on cars. Councilmember Kunza felt a towing business is needed in the City, especially as the City grows. The City wants business, yet it is kicking one out strictly because it is an automotive industry. He did not feel good about that. Winslow Holasek - stated this type of business is necessary. People have accidents and cars have to be towed. There are not many deputies in Andover, and he is concerned with requiring them to wait longer for an out-of-city towing service. He also questioned the legality of the City being able to eliminate a certain use. He'd like to see the towing service allowed. Mayor McKelvey stated he supported the towing service before but was in the minority. He even talked with the Lunds and suggested they consider renting property with a building to house the impounded cars. The Lunds stated they did not recall that suggestion. MOTION by Dehn, Seconded by Kunza, that we have the Planning and Zoning Commission look at the ordinance once again to reconsider a towing service or that type of business within the City. Motion carried on a 3-Yes, 2-No (Jacobson, Knight) vote. Councilmember Jacobson noted this does not vacate the court judgement. ~ -- -. ._~...- -- ---- '-,. í Regular Andover City Council Meeting Minutes - May 2, 1995 Page 8 The Council recessed at this time to hold an EDA meeting, 8: 34; reconvened at 9:25 p.m. SEWER BACKUP/KOES Mr. Fursman explained it has been found that the City was not liable or responsible for the unfortunate mishap of the Koes family. Frank Koes, 1896 134th Avenue NW - explained they lived in their new house for four months when the main sewer backed up and flooded their basement with raw sewage. Many of their things were on the basement floor and were lost. It was determined the main sewer was plugged, and sabotage is the closest explanation as to what happened. It cost about $2,300 in cleanup costs, and the smell lasted for months and months. It cost another $800 to stay in a hotel; and of the total loss of almost $10,000, their insurance paid $5,000. The City also has insurance, but he is told it will not pay because it was no fault of the City. It doesn't protect the people in this situation. He felt they are deserving, that as victims of a tragedy this should be recognized as a unique situation. Frank Stone, Public Works Supervisor, stated there was one other house on the line, but Mr. Koes' home was the lowest one and the only one to get flooded. They found it was either cardboard or insulation in the line. Mr. Fursman stated it could have gotten in the line during construction of the building. Mayor McKelvey said it also could have been put there by children. Attorney Hawkins explained the City's insurance only cover's acts if the City is negligent. The investigation found the City didn't do anything to cause this. Mr. Stone reported their cleaning process, inspections and records are all up to date. Mr. Hawkins stated this is an issue of spending public funds for private purposes. While there is a great deal of sympathy for Mr. Koes, there isn't any liability on the part of the City; and the City cannot expend public funds for the damages to private parties. Mr. Koes noted the events immediately after it happened, and the statements made by City Staff that the City would compensate them. He chose to work with the City rather than stir up public commotion or pursue legal relief. Mayor McKelvey stated the City is sorry that this happened, but the Council cannot spend taxpayer's money in this instance. No further action was taken. SALE OF PROPERTY TO ISD #11 MOTION by Jacobson, Seconded by Dehn, that the City Council authorize the sale of the property legally described which is included in the documents under Item No. 17 in this evening's schedule for the price of $154,925 to the Anoka Hennepin School District No. 11 as per the purchase agreement document that is before the Council this evening. Motion carried unanimously. _, _H _ __ Regular Andover City Council Meeting Minutes - May 2, 1995 Page 9 SALVAGE YARD PURCHASE Mr. Fursman updated the Council on the negotiations to purchase Mom's Auto Salvage and the Rick Heidelberger property. No agreement has been reached yet, but he is hoping to reopen the negotiations. No action was taken by the Council. SUPPLEMENTAL FEASIBILITY REPORT/IP94-18 Mr. Fursman explained the initial feasibility report indicated both the new middle school and new addition to Andover Elementary would be charged the commercial rate for sewer and water mains, which is the written policy. Staff has since found that the previous schools and churches have always been charged one-half of the commercial rate, which conflicts with the written policy. The difference for the elementary school is an assessment reduction from $149,904 in the original feasibility to $122,127.11 based on past practice. For the middle school, the assessment would be reduced from $407,522 from the original feasibility to $312,669.22 based on past practice. He has not verified with the Building Department that every church in the City was treated the same. Staff is requesting the Council make an interpretation and give direction. Mr. Erickson stated the Council authorized taking out the ponding areas in the assessment calculations. Mayor McKelvey stated all of the property on the site is buildable now; there is no pond area. Since the ponding area they will construct was taken out of the calculations, he assumed they would then be charged the entire rate. Mr. Fursman also noted that another factor is the different type of structures being considered, as there is a difference between a middle school and an elementary school. Councilmember Knight thought there would be a big difference for a junior high, but not necessarily that much difference for a middle school in the amount of water usage. Councilmember Jacobson did not have a problem reducing this assessment if all of the other institutions have been treated the same. Also, the policy should be changed to reflect the practice. Council suggested Staff investigate the practice for the other schools and churches before a decision is made on this. MOTION by Knight, Seconded by Dehn, to table and bring it back to the next meeting. Motion carried unanimously. Mr. Erickson then reported when Staff met with the Metropolitan Council Staff, they asked that Andover look for a possible site for the discharge station of waste water for local septic system pumpers. The closest site at this time is in Coon Rapids. The proposal is to provide a dumping facility adjacent to the Public Works garage with a 10-inch line run up the City's park road to just north of the Public Works area, then another 10-inch line to the dumping facility. That location would be conducive to providing security and the ability to monitor the activities. It will probably be a manhole set up to discharge into. The I ( Regular Andover City Council Meeting Minutes - May 2, 1995 Page 10 (Supplemental Feasibility Report/IP94-18, Continued) cost is estimated between $5,000 and $10,000. The Metropolitan Council has stated it would be willing to contribute some funding, plus some of the funds could be recouped through a discharge fee to the pumpers. He thought the costs could be recouped in a relatively short period of time. Because the line will be installed within the next few days, it is crucial that if the Council is agreeable, that they authorize a change order to the contract. Frank Stone, Public Works Supervisor, explained the facility would be fenced, and keys would be issued to those pumpers who would use it. Council had some concerns about the safety of the manhole. Staff explained the cover would be the same as those used in the streets, which requires a special lift to open. Pumpers who were present stated they pay the Metropolitan Council a fee of $15 per load, and they would not object to a $3 per load fee by the city. They estimated an average of five to eight loads per day per pumper. MOTION by Jacobson, Seconded by Dehn, to authorize the City Staff to make a change order to the contract and install the extra line to 10 inch and the extension from the 10-inch to the dump site in back of the Public Works Building; the area to be secured and authorize that execution; funding to come from the Metropolitan Council. Motion carried unanimously. SCHEDULE SPECIAL MEETING/CANVASS ELECTION RESULTS The Council agreed to hold a special meeting on Wednesday, May 10, 7:00 p.m. at the Andover City Hall to canvas the election results of the May 9, 1995, special election. NORTHWESTERN ANOKA COUNTY COMMUNITY CONSORTIUM Mayor McKelvey stated he was told the purpose of the consortium is to work toward a positive youth development program working with at-risk youth. Because the Council had little information on the consortium and had questions on the agreement itself, the costs to the City, the specifics on the surveys taken, and what the program consists of, the Council asked Staff to invite a representative of the consortium to address the Council at a future meeting. MSA ASSESSMENT pOLICY DISCUSSION Council discussion was on possible revisions to the current State Aid Assessment Policy regarding the method and amount of assessment to each property owner and assessments to undeveloped parcels. Items mentioned where that undeveloped parcels and farmlands really only benefit by one unit as long as they do not develop, that Tulip Street costs about $1,500 to $1,800 per year for maintenance excluding washouts, that whatever the City would contribute could be taken from the "recycled" --- - -- .. -----... - ~-- , , Regular Andover City Council Meeting Minutes - May 2, 1995 Page 11 (MSA Assessment Policy Discussion, Continued) funds in the account, that any policy should take into the consideration the desire to retain open spaces and practicing farms and not force development, and that a deferred assessment against farmland is a financial detriment because it is treated as a lien. Councilmember Jacobson suggested one possibility would be to determine the cost of maintaining a dirt road, have the City contribute that much times the length of the bond toward the cost of upgrading the road, and assess the remaining costs that cannot be paid out of the MSA fund. That way the City would be sharing in the costs by the amount it would normally spend on maintenance. Councilmember Knight also suggested that for farmland, there be only one unit assessment placed against the farm. Attorney Hawkins stated the answer to the problem with deferred assessments shown as a lien against the property would be to subordinate the deferred assessment to a mortgage. That way if the landowner places a mortgage on the property, the deferred assessment would be subordinated. That clause specifically gives the mortgage first priority and should eliminate any financial drawbacks to a deferred assessment against farmland. The assessment would be deferred for 15 years; and if it is not developed within that time period, the assessment would be dropped. Mr. Hawkins also thought the amount of the assessment can be amortized over the period of time to end up with zero assessment at the end of the term as long as there was no development. MOTION by Jacobson, Seconded by Dehn, that we send the matter back to the Road Committee for further refinement and discussion based on what we said here tonight and have them report back. Motion carried unanimously. CONSIDER MSA REDESIGNATIONS Winslow Holasek - opposed the proposed MSA north/south street designation west of the railroad tracks. No one lives there except himself. He did not see a reason for having it at that location, because there is a lot of land there that will never be developed. He didn't want that designation over his property. Mayor Mckelvey stated he has received several calls about some of the designations, thinking more consideration will have to be given to the proposals. Mr. Erickson stated the proposals are only for review. No decisions have been made. There would be no street built until development did occur. The Council agreed to hold this item over until a report is received from the Road Committee on the MSA Assessment Policy. MOTION by Dehn, Seconded by Kunza, to so move. Motion carried unanimously. \ Regular Andover City Council Meeting Minutes - May 2, 1995 Page 12 MAYOR/COUNCIL INPUT "Children at Play" signs - Councilmember Dehn reported a request from a resident for a "Children at Play" sign on the south end of Tulip at 160th. Staff advised the procedure is to go through the Engineering Department; this request will be forwarded to them. Excessive speed off 140th near the park - Councilmember Kunza asked if speed limi t signs could be placed along 140th at the park area. He noted the problem of people driving at excessive speeds through there, creating a safety hazard for the children. Staff agreed to look at that and possibly consider "Children at Play" signs. Mayor McKelvey stated he would like to hire an extra deputy to watch for excessive speeds around the City from 2:30 to 5:30 in the afternoon. Rite-Way Tree and Landscaping - Councilmember Kunza had information from Rite-Way Tree and Landscaping on their recommendations about how to save trees in the City. The Council asked that the information be forwarded to the Tree Commission. Snowmobile Task Force update - Councilmember Dehn reported the Snowmobile Task Force is presenting a draft of the new Snowmobile Ordinance to the Planning and Zoning Commission. It is hoped a public hearing will be held on May 23. New City Hall site - Counci1member Jacobson suggested consideration be given to locating the new City Hall on a parcel of land, eight to ten acres, on the east side of Hanson Boulevard in the vicinity of Crosstown Boulevard. That way the existing building could be remodeled for storage or as a garage and' the size of the new building can be reduced somewhat. The Council felt they received many good suggestions at the information hearing and agreed to discuss the issue in further detail after the Thursday evening, May 4, informational hearing. APPROVAL OF CLAIMS MOTION by Dehn, Seconded by Kunza, to approve the Payment of Claims, List #1, $14,321.91; List #2, $41,188.58; List #3, $183,556.52, Grand Total, $239,067.01. Motion carried unanimously. MOTION by Dehn, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting adjourned at 11:25 p.m. ~.otfUll~ttt.:::t c~~~""' Ma ella A. Peach Recording Secretary -- -. ----...- .. -~ - _. ..