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HomeMy WebLinkAboutCC November 7, 1995 Ii CITY of ANDOVER Regular City Council Meeting - November 7, 1995 Call to Order - 8:01 P.M. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items l. Assessment Hearing/94-6/Hartfiel's Estates 2. Assessment Hearing/94-3/140th Lane N.W. 3 . Assessment Hearing/93-10/SuperAmerica 4 . Assessment Hearing/94-5/SuperAmerica 5. Assessment Hearing/94-18/Section 22 6 . Assessment Hearing/Delinquent utility Charges 7. Variance/14905 Crosstown Boulevard 8 . Amend Ordinance 8, section 4.05 9. Timber Oaks Estates Sketch plan 10. Approve preliminary Plat/Nightingale Ridge 11. WDE Agreement 12. Liveable Communities Act 13. Transfer of Agent of Record/City Insurance 14. Curfew Ordinance 15. schedule Date/Final Budget Review Non-Discussion Items 16. Approve Quotes/City Hall Survey 17. Accept Easement/Malmi/155th Avenue 18. Accept Petition/SS & WM/95-25/1529-148th Lane N.W. 19. Receive Feasibility Report/95-25/1529 - 148th Lane N.W. 20. G.O. Improvement Bond of 1985 Call 2l. Escrow Release/Reduction/Good Value Homes 22. Approve Final payment/95-17/1995 Pavement Markings 23. Release Letter of Credit/Hidden Creek East 3rd Addition 24. Approve Change Order #3/Fox Woods/Hartfiel's/Sharon's 2nd 25. Approve Change Order #3/Crown pointe East/94-22 26. Approve Quotes/public Works Fencing 27. Approve House Burn/7th Avenue & C.?" 116 28. Accept Easement/Lot 6, Block 10, Hills of Bunker Lk. 5th 29. Approve CO. #4 (Compensatingl/Bunker Lake Blvd. Frontage Rd/ 93-30 30. Approve Final payment/Bunker Lake Blvd. Frontage Rd/93-30 3l. Approve Professional Services For well #4 Pump Test/Required for wellhead Protection Plan 32. Approve CO #3/Jonathan Woods (94-10)/Foxberry Farms (94-8)/ SuperAmerica Addition Watermain (94-5) 33. Approve CO #7/Hills of Bunker Lake 5th Addn/#93-12 34. Approve Quotes/preliminary Soil Borings/City Hall/94-30 Mayor/Council Input Payment of Claims Adjournment .- .- ..~-...'... ... I'l I,. . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 7, 1995 TABLE OF CONTENTS RESIDENT FORUM . . · · · · · · · · · · 1 PRESENTATION FROM ANDOVER LIONS · · · · · · · · · · · 2 AGENDA APPROVAL . . · · · · · · · · · · · · · · 2 CONSENT AGENDA Approve quotes/City Hall survey · · · · · · · · · 2 Accept easement/Malmi/155th Avenue · · · · · · · · 2 Resolution R234-95 accepting petition/sanitary sewer and watermain/IP95-25/1529 148th Lane · · · · · · · · 2 Resolution R235-95 receiving feasibility/IP95-25 · · · · 2 Resolution R236-95 calling GO Improvement bond of 1985 · · · 2 Escrow release/reduction/Good Value Homes · · · · · · 2 Resolution R237-95 approving final payment/IP95-17/1995 pavement markings · · · · · · · · · · · · · · · · 2 Release Letter of Credit/Hidden Creek East 3rd · · · · · 2 Approve quotes/Public Works fencing · · · · · · · 2 Approve house burn/Seventh Avenue & CoRd 116 · · · · · 2 Accept easement/Lot 6, Block 10, Hills of Bunker Lake 5th 2 Resolution R238-95 approving Change Order #4 (Compensating)/ Bunker Lake Boulevard Frontage Road/IP93-30 · · · · · · 2 Resolution R239-95 approving final payment/IP93-30 · · · · 2 Approve professional services for Well #4 pump test · · 3 Resolution R240-95 approving Change Order #3/Jonathan Woods (IP94-20/Foxberry Farms (IP94-8)/SuperAmerica Watermain (IP94-5) · · · · · · · · · · · · · · · 3 Approve quotes/preliminary soil borings/City Hall/IP94-30 · · 3 APPROVAL OF MINUTES . · · · · · · · · · · · · · · · 3 ASSESSMENT HEARING/IP94-6/HARTFIEL'S ESTATES · · · · · · 3 Resolution R241-95 adopting assessment roll · · · · · · · 7 ASSESSMENT HEARING/IP94-3/140TH LANE NW Resolution R242-95 adopting assessment roll · · · · · · · 7 ASSESSMENT HEARING/IP93-10/SUPERAMERICA Resolution R243-95 adopting assessment roll · · · 8 ASSESSMENT HEARING/IP94-5/SUPERAMERICA Resolution R244-95 adopting assessment roll · · · · 8 ASSESSMENT HEARING/IP94-18/SECTION 22 Resolution R245-95 adopting assessment roll · · · · · · 8 ASSESSMENT HEARING/DELINQUENT UTILITY CHARGES Resolution R246-95 adopting assessment roll · · · · 8 VARIANCE/14905 CROSSTOWN BOULEVARD Resolution R247-95 approving variance · · · · · · · · · · · 9 ORDINANCE AMENDMENT TO ORDINANCE 8, SECTION 4.05 Motion to approve amendment · · · · · · · · · · · · 9 TIMBER OAKS ESTATES SKETCH PLAN · · · · · · · · · · · 9 PRELIMINARY PLAT/NIGHTINGALE RIDGE Resolution R248-95 approving preliminary plat · · · · · · 11 WDE AGREEMENT . · · · · · · · · · · · · · · 11 Motion to table · · · · · · · · · · · · · · · 12 LIVEABLE COMMUNITIES ACT · · · · · · · · · · · · 12 Motion to approve (dies for lack of a Second) · · · · · · 13 TRANSFER OF AGENT OF RECORD/CITY INSURANCE · · · · · · · 13 CURFEW ORDINANCE Motion to direct Staff to draft ordinance · · · · · 15 SKETCH DATE/FINAL BUDGET REVIEW (Special Meeting/November 15) · · 15 .- ~ -" 1'1' L. Regular Andover Ci ty Council Meeting Minutes - November 7, 1995 Table of Contents Page ii EXPANSION BOX - TELEPHONE SYSTEM Motion to approve purchase . · · · . · · · · . · · · . 15 CHANGE ORDER #3/FOX WOODS/HARTFIEL' S/SHARON' S 2ND/POND "C" /BUNKER LAKE BOULEVARD SERVICE ROAD Resolution R249-95 approving change order . · · 15 CHANGE ORDER #3/CROWN POINT EAST/IP94-22 Resolution R250-95 approving change order · · · · · 15 CHANGE ORDER #7/HILLS OF BUNKER LAKE 5TH ADDITION/IP93-12 Resolution R251-95 approving change order · · · · · · 16 APPROVAL OF CLAIMS . . . . . . · · · · · · · · · 16 MAYOR/COUNCIL INPUT Maintenance in Senior Center · · · · . · · · · · · 16 ADJOURNMENT . . . . . . . . · · . · . · · · · . · · 16 " I ;L - CITY of ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 7, 1995 MINUTES The Regular Bi-Monthly Meeting of. the Andover City Council was called to order by Mayor Jack McKelvey on November 7, 1995, 8:01 p.m., at th0 Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Knight, Kunza Councilmember absent: Jacobson Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson City Engineer, Scott Erickson City Finance Director, Jean McGann City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek. 1159 Andover Boulevard NW - noted at the last Council meeting, concern was raised over the large number of change orders and cost overruns for the various projects. He pointed out that again on tonight's agenda there are five change orders amounting to an extra $70,000 in project costs. He also detailed the cost overruns for several projects that amounted to 13.5 to 23.2 percent increases over the bid price. Also, there are change orders to be approved this evenin~ on the Consent Agenda that directly affect the assessment for Hartfiel's Estates on which the public hearing is being held this evening. Mr. Davidson explained change orders are generally for work done that was not included in the original bid. Also, there were a number of projects that came up during the construction period that had not been anticipated, so existing contractors were used via change orders rather than going through the entire bid process again. He then detailed the projects done as change orders to other projects that had already been awarded, such as providing sanitary sewer and water to McDonalds, the extension of sanitary sewer to a homeowner, the curbing and bituminous to the City Hall park road, the extension of sewer and water across City property, the construction of the dump station for septic tank wastes on the City Hall site, the handling of a maintenance problem in Hidden Creek East 5th Addition, the construction of sewer and water across Prairie Road once it was learned of the potential development of Shadowbrook, the looping of the watermain from 140th Lane to Crown Pointe East along Prairie Road to accommodate future development, and the correction of grading around the Spur Station site and on the Kottke property between Hanson Boulevard and the ponding facility. More sod was used on the Hartfiel's Estates project than was originally bid due to the very critical grades of the streets. Also, the Hartfiel's Estates project was bid on the premise that excess fill would be placed on vacant lots. Once on the project site, it was found the vacant lots had a lot of demolition fill, so the excess fill had to be trucked to the City Hall site. That too was done by change order. Another added cost " " Regular Andover Ci ty Council Meeting Minutes - November 7, 1995 Page 2 (Resident Forum, Continued) to Hartfiel's Estates was bringing the bituminous to the property line on all driveways to prevent erosion from getting into the gutters. All change orders are discussed with City Staff during the construction period. The costs are paid for by the benefiting properties. Assessments are based on the actual costs incurred for the particular project. PRESENTATION FROM ANDOVER LIONS Mayor McKelvey, as President of the Andover Lions Club, presented the Finance Director another check in the amount of $10,000 to go to the park fund. The total contribution of the Lions Club to the City so far this year is $55,000. AGENDA APPROVAL Add Item 15a, Expansion Box - Telephone System, and Item 16, Executive Session with City Attorney - Old is Gold Settlement. Also pull the following items from the Consent Agenda and add to the Discussion Items: Item 24, Approve Change Order #3/Fox woods/Hartfiel' s/Sharon' s 2nd, Item 25, Approve Change Order #3/Crown pointe East/IP94-22; and Item 33, Approve Change Order #7/Hills of Bunker Lake 5th Addition/IP93-12. MOTION by Knight, Seconded by Dehn, approval of the Agenda as changed. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. CONSENT AGENDA Item 16 Approve Quotes/City Hall Survey Item 17 Accept Easement/Malmi/155th Avenue Item 18 Accept Petition/Sanitary Sewer and Watermain/IP95- 25/1529 148th Lane NW (See Resolution R234-95) Item 19 Receive Feasibility Report/IP95-25/1529 148th Lane NW (See Resolution R235-95) Item 20 General Obligation Improvement Bond of 1985 Call (See Resolution R236-95) Item 21 Escrow Release/Reduction/Good Value Homes Item 22 Approve Final Payment/IP95-17/1995 Pavement Markings (See Resolution R237-95) Item 23 Release Letter of Credit/Hidden Creek East 3rd Addition Item 26 Approve Quotes/Public Works Fencing Item 27 Approve House Burn/Seventh Avenue & CoRd 116 Item 28 Accept Easement/Lot 6, Block 10, Hills of Bunker Lake 5th Item 29 Approve Change Order #4 (Compensating)/Bunker Lake Boulevard Frontage Road/IP93-30 (See Resolution R238- 95) Item 30 Approve Final Payment/Bunker Lake Boulevard Frontage Road/IP93-30 (See Resolution R239-95) -.~ - --.--_. ,.H._ .. --<- . ~-~-- - . r . I_I' Regular Andover City Council Meeting Minutes - November 7, 1995 Page 3 (Consent Agenda, Continued) Item 31 Approve Professional Services for Well #4 Pump Test/Required for Wellhead Protection Plan Item 32 Approve Change Order #3/Jonathan Woods (IP94- 10)/Foxberry Farms (IP94-8)/SuperAmerica Addition Watermain (IP94-5) (See Resolution R240-95) Item 34 Approve Quotes/Preliminary Soil Borings/City Hall/IP94- 30 MOTION by Dehn, Seconded by Kunza, to approve the Consent Agenda. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. APPROVAL OF MINUTES September 19, 1995, Special Closed Meeting: Correct as written. October 17, 1995, Regular Meeting: Correct as written. October 17, 1995, Special Closed Meeting: Correct as written. October 17, 1995, Special Meeting: Correct as written. MOTION by Knight, Seconded by Kunza, approval of all four sets of Minutes. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. ASSESSMENT HEARING/IP94-6/HARTFIEL'S ESTATES 8: 30 p. m. Mr. Davidson reviewed the total estimated costs of the project at the time of the public hearing versus the assessments being adopted this evening. The total proj ect amount to be assessed is $822,980.14. Gary Gorham, developer of Fox Woods immediately to the east of Hartfiel's, had agreed to pay $17,500 for street and renovation costs for five lots along Bluebird Street. The ten lots owned by the Hartfiel's will each receive a full assessment of $13,293.39 for streets, water, sanitary sewer and storm water improvements. The 45 remaining lots are being assessed $4,981 per lot for street and storm water, plus a deferred assessment until connection for sanitary sewer and water in the amount of $7,923.54. The lots within Sharon's Addition will be assessed $13,668.39 each. Mayor McKelvey opened the hearing for public testimony. Tom Schiebout. 1425 Andover Boulevard NW - stated initially he was not included as one of the 45 lots in the project and was not officially notified of the public hearing. Mr. Davidson stated that is correct, though Mr. Schiebout was at the public hearing when service to his lot was discussed. Mr. Schiebout - stated he spent time with Mr. Haas and Mr. Erickson regarding his assessment. He brought to their addition the fact that he doesn't have any added gain for street improvements because he fronts on a county road. Staff has agreed to deduct the street improvement portion from his assessment. He is now appealing to the Council to also deduct the storm sewer portion of the assessment as well. He argued he doesn't have concrete curb and gutter across his property. There is a - "' ~ - ". --- Regular Andover Ci ty Council Meeting Minutes - November 7, 1995 Page 3 (Assessment HearingjIP94-6jHartfiel's Estates, Continued) pond on his property that they have now installed an overflow; however, that pond has not overflowed since the early 1970s even though it had no overflow. Since the construction of Sharon's Addition behind his property, the water is drained to his property, with an overflow installed to the west toward Hanson Boulevard. He is not a part of that addition, and he doesn't think it is fair that he should have to pay for something that does not benefit him or increase his value in any way. Mr. Davidson explained when Mr. Heil originally owned the Sharon's Addition property, he was advised that a plat would require a control on the pond. When the county awarded the overlay of Andover Boulevard, they were not aware of the City's project to cross the road with trunk watermain and sanitary sewer; so an agreement was reached with the county that the City would overlay that portion as a part of the project and charge it to the trunk water project. Sewer and water services were provided to Mr. Schiebout's lot. Staff felt there was a storm sewer benefit to the property since the overflow provides protection from flooding, even though it comes as a result of the additional development to adjacent property. Clav Heil. 14554 Bluebird Street - used to reside in Mr. Schiebout's house and has lived in the area since 1969. Ever since, that pond has steadily decreased in size. It used to be 12 feet deep and a swimming hole; now it is nothing but a swamp. There is no possibility that ic will flood and no reason for Mr. Schiebout to be responsible for any improvement. When his mom owned the property, she was told explicitly there would be no drainage problem. He expressed frustration with the way people are treated in Andover by City Staff. His mother was told there would be no taking of property, but was then forced to sell the house. He didn't believe the City had any reason to cause Mr. Schiebout to pay for something he has been forced into. Mayor McKelvey stated he has been friends with the Heils for 15 years and that pond has never come even close to overflowing. It's never been very high, and he personally didn't see a benefit to Mr. Schiebout for the storm water improvement. councilmembers Knight, Kunza and Dehn agreed. They did not feel Mr. Schiebout should be assessed for an improvement that was a direct result of development of another's property. Robert Pettit. 14607 Drake NW - now understood the main reason for the overrun in cost is because of the interest change of $35,000. He questioned the cost for filling vacant lots. Mr. Davidson clarified the cost was to haul the fill to the City Hall site because they were unable to put it on the vacant lots. Mr. Pettit - didn't feel that much sod was placed in the project area, and Hartfiel's lots didn't get any. Mr. Heil - stated the problem he has with the overruns of the project, including his driveway which he is ultimately taking care of himself, is that virtually everything that is said but not written is not backed up. He was told it would cost $3,500 to have the road done. Of course, he -~-, ., ~ " . " Regular Andover City Council Meeting Minutes - November 7, ~995 Page 5 (Assessment Hearing/IP94-6/Hartfiel's Estates, Continued) did not get it in writing, and now no one will acknowledge that that is what he was told. Now it is almost $5,000 for curb and gutter and asphalt. He felt that if a project is bid for a certain amount and there are cost over runs, that is tough. He was told $3,500 for an assessment and now it is almost $5,000, which is a 67 percent increase. That is not right. He thought the City should take more control of these situations and make the contractors responsible for their bids. Wavland Carlson. 1459 146th Lane - didn't agreed with not being able to prepay a portion of the assessment. Can the assessment be paid off before the ten years? Mr. Davidson explained the assessment can be paid in full within 30 days at no interest. Once certified to the county, the assessment is spread over ten years at 7 percent interest. It can be paid off in total any year with no additional interest, but partial payments toward the principal cannot be made because the county will not respread the payments. The street and utilities are considered two assessments, so one assessment can be paid off and the other placed on the assessment rolls if the property owner desires. Mr. Carlson - asked the procedure and the financing when he decides to hook up to sewer and water. Mr. Erickson explained the property owner will still be responsible for the costs from the property line to the house. Also, the connection charges increase yearly. Once hooked up, those costs will then be certified to the county to be spread over ten years at 7 percent interest. Many mortgage companies require hookup before the property is sold. Gene Paschen. 14632 Drake Street NW - asked if the interest on the deferred sewer and water assessment is also deferred. Council noted that decision has not yet been made. (At the end of the hearing, a motion was made that the sewer and water assessment would accrue no interest during the deferment period.) Once assessed, the interest would be at the same rate as the street assessment, 7 percent. Winslow Holasek. 1159 Andover Boulevard NW - had difficulty following the contract award and the final cost. From the contract award, plus the change orders, there is about a $40,000 discrepancy that he cannot account for. Mr. Davidson explained the contract is awarded on unit prices. They do measure the quantities of each item during construction and prepare a final compensating change order showing plus or minus quanti ties of what was estimated in the contract. Attorney Hawkins also pointed out these types of projects are unit price contracts where they bid so much per unit of material. The engineers estimate the quantities because of the inability to come up with an accurate determination of what it will be prior to the project. As long as the contractor meets the specifications set out by the engineers, the City pays according to the unit price for the quanti ties used. Mr. Davidson didn't believe their estimates in the feasibility report were that far off. He didn't know where Mr. Heil got the figure of $3,500 for an assessment. The residents were clearly told at the public hearing that the street and storm water assessment would be around $5,000, then reduced to $4,798 after Mr. Gorham agreed to participate on the costs of Bluebird Street. The final assessment is within 5 percent. " -, ..... - - ~ --.- I Regular Andover City Council Meeting Minutes - November 7, 1995 Page 6 (Assessment Hearing/IP94-6/Hartfiel's Estates, Continued) Mr. Heil - related his frustration over the increase in cost from what he was told, of experiences of not getting support from Staff, of the problems with his driveway and the problems he will always have with it, and of his experience that one must get whatever is said by Staff in writing or the statement is not backed up. He stated he has seen some deplorable things going on, not liking the way the bidding works, not knowing what is going on unless one is familiar with the jargon used by Staff, and the lack of accountability by the City engineers. Mr. Erickson explained public information meetings were held to be sure all residents understood the project. They were told the streets and storm sewer would cost about $4,798; there was no misinformation. He also noted the engineering estimate for sod was 4,700 square yards. The contractor actually put down 9,615 square yards, almost double. The City pays the contractor for the additional sod. There was also additional grading in the boulevards to match in the yards. The City only pays for the work performed. Mr. Heil - stated one change order for Hartfiel's happens to be his driveway. It is about $4,500 of the $70,000 overrun of the project, and it was a mistake created by the engineers. The problem is everybody is paying for that mistake. Why should everyone have to pay for a mistake made by the City? Why should they have to pay for a correction that is done three times? He watched the contractors remove and change the elevation on the storm sewer on three different occasions. It should have been done right the first time. Mistakes or errors should be borne by the engineer or contractor, not the property owners. Mr. Davidson explained the adjustments to the manholes were required because of corrections needed on the grading on the east side of Bluebird. Those costs relating to the developer to the east will be paid by him. Th~ adjustment to the other two manholes are a part of the Hartfiel's project costs. He again noted the assessment is within 5 percent of what residents were told at the improvement hearing. Mr. Holasek - pointed out the change order in Agenda Item 24 tonight shows an adjustment to an existing manhole in Bluebird which is being charged to Hartfiel's Estates. Rick Odland, TKDA Engineer, explained there were four manholes that needed adjustments. Two were outside of the street on the Fox Woods side of the street which were set according to the grading plan for that project. That grading plan did not meet the City's standards of two percent boulevards, so that is why the adjustment was needed. The other two existing manholes were installed when Bluebird was a flat dirt street, and they needed adjustment when the street grades changed in order to put in the blacktop. The costs were then split between Hartfiel's Estates and Fox Woods. MOTION by Dehn, Seconded by Kunza, to close the public hearing. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 9:45 p.m. .. .. ~-~ - - --- - I " ' Regular Andover City Council Meeting Minutes - November 7, 1995 Page 7 (Assessment Hearing/IP94-6/Hartfiel's Estates, Continued) Mayor McKelvey noted that though he was not happy with some of the things that were done in the project, the assessment itself is close to what the residents were told at the hearings. He didn't know where Mr. Heil had gotten the $3,500 figure, but that is not what was said at the public hearings. MOTION by Knight, Seconded by Dehn, to officially remove Mr. Schiebout from the assessment roll for storm sewer and street assessment. DISCUSSION: Council acknowledged that the deferred assessment for sanitary sewer and water would remain on the parcel. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. MOTION by Dehn, Seconded by Kunza, to approve the Resolution as presented, with the addition that the deferred assessments for sanitary sewer and water would carry no interest until hook up, and once assessed, it would be at 7 percent, the same rate as on the prcject. (See Resolution R241-95 adopting the assessment roll) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 9:50 p.m. ASSESSMENT HEARING/IP94-3/140TH LANE NW 9:50 P.M. Mr. Davidson explained the feasibility report estimated a project cost of $173,300. The contract was let at $139,231.03, and the final cost is $171,552.05. The additional cost is for extending the sanitary sewer and watermain past the centerline of prairie Road to the east and for looping the watermain up Prairie Road and connecting to Crown pointe East. The assessment per lot is $6,500.50. Almost all lots are capable of being subdivided into two or three 80-foot lots in the future. Tony Emmerich agreed to pay $12,085.90, the cost of bituminous surfacing to the original width of the roadway. The City's share of the trunk sanitary sewer and watermain construction comes t8 $159,693.82. As the seven lots are subdivided, the charges will come back to cover this cost. Mr. Steele had already been assessed for streets, so he is now only being assessed for the storm sewer and will have a deferred assessment for sewer and water. The property owner directly across from Mr. Steele did not have concrete curb and gutter and will be assessed for curb and gutter and storm sewer plus a deferred assessment for sewer and water. Mayor McKelvey opened the hearing for public testimony. There was none. MOTION by Knight, Seconded by Dehn, to close the public hearing. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 10:02 p.m. MOTION by Knight, Seconded by Kunza, to move the Resolution. (See Resolution R242-95 adopting the assessment roll). Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 10:03 p.m. 0, _, . ~ ._ Regular Andover Ci ty Council Meeting Minutes - November 7, 1995 Page 8 ASSESSMENT HEARING/IP93-10/SUPERAMERICA 10:03 p.m. Mayor McKelvey opened the hearing for testimony. There was none. MOTION by Dehn, Seconded by Kunza, to close the public hearing. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 10:04 p.m. MOTION by Dehn, Seconded by Knight, the Resolution adopting the assessment. (See Resolution R243-95) Motion carried on a 4-Yes, 1- Absent (Jacobson) vote. 10:05 p.m. ASSESSMENT HEARING/IP94-5/SUPERAMERICA 10:05 p.m. Mayor McKelvey opened the hearing for testimony. There was none. MOTION by Knight, Seconded by Dehn, to close the public hearing. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 10:05 p.m. MOTION by Knight, Seconded by Kunza, the Resolution (See Resolution R244-95 adopting the assessment roll). Motion carried on a 4-Yes, 1- Absent (Jacobson) vote. 10:06 p.m. ASSESSMENT HEARING/IP94-18/SECTION 22 10:06 p.m. Mayor McKelvey opened the hearing for testimony. There was none. MOTION by Knight, Seconded by Kunza, to close the public hearing. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 10:06 p.m. MOTION by Knight, Seconded by Dehn, the Resolution (See Resolution R245- 95 adopting the assessment roll). Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 10:07 p.m. ASSESSMENT HEARING/DELINQUENT UTILITY CHARGES 10:07 p.m. Mayor McKelvey opened the hearing for testimony. There was none. MOTION by Knight, Seconded by Kunza, to close the hearing. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. 10:08 p.m. MOTION by Knight, Seconded by Dehn, the Resolution adopting the assessment roll. (See Resolution R246-95) Motion carried on a 4-Yes, l-Absent (Jacobson) vote. 10:08 p,m. .. - r: Regular Andover City Council Meeting Minutes - November 7, 1995 Page 9 VARIANCE/14905 CROSSTOWN BOULEVARD Mayor McKelvey noted that when the City rezoned the property to General Recreation, it was believed the county was going to purchase this parcel. He was unhappy with the way the county handled this situ~tion. Mr. Carlberg explained that rezoning made the parcel a lawfully existing nonconforming use. Prior to the GR zoning, it was zoned R-l, and the parcel did not meet the size requirements for that zone either. The lot has always been nonconforming since the adoption of the Zoning Ordinance. He thought the owner felt the property is worth more than the county was offering to purchase it. James Martensen. 14905 Crosstown Boulevard NW - feels he is caught between the county and the City. He knows the county purchased the other two parcels to the north for what he felt was a fair amount. After it was rezoned, the county couldn't do what they wanted and was not willing to pay a fair price. Mayor McKelvey explained even before the rezoning, the county would have been unable to do what they wanted because of that zoning. Those lots were nonconforming before the G~ zoning. The Council generally agreed with the findings and comments of the Planning and Zoning Commission. MOTION by Knight, Seconded by Dehn, the Resolution approving the variance. (See Resolution R247-95) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. AMEND ORDINANCE 8, SECTION 4.05 MOTION by Kunza, Seconded by Dehn, approve the ordinance amendment to Ordinance No.8, Section 4.05, Accessory Buildings and Structures (to allow detached garages satisfying the minimum garage requirement to be exempt from the coverage requirement of accessory buildings versus the foundation size of the principal structure). Motion carried on a 4-Yes, I-Absent (Jacobson) vote. TIMBER OAKS ESTATES SKETCH PLAN Mr. Erickson reviewed the proposed sketch plan of Timber Oaks Estates as presented by Woodland Development. It consists of 25 single family urba:l residential lots. The property would need to be rezoned from the existing R-l, Single Family Rural, to R-4, Single Family Urban district. Also, the property is not currently located within the MUSA area. The Andover Review Committee noted the cul-de-sac length going north is 580 feet, which exceeds the maximum allowed of 500 feet. The Planning Commission asked that the developer look at turning the road to be brought out to prairie Road. The developer's engineer did look at the site distance and found there could be an access at that point onto Prairie Road. Double frontage lots are being proposed onto prairie Road, but there is not much that can be done to eliminate them. Also, there is a 120-foot jog between the north and south streets within the development as they intersect with the east-west through street. The ". ~ - - - - --.- .-~--- --.- - {¡- I.¡_ Regular Andover City Council Meeting Minutes - November 7, 1995 Page 10 (Timber Oaks Estates Sketch Plan, Continued) developer's engineer has presented a reconfiguration of that street, which is before the Council for consideration tonight, to eliminate the jog. The Planning Commission also expressed concern about the density on the two cul-de-sacs to the north. Mr. Erickson also noted the Council had mentioned the desire to look at requiring sidewalks in future developments in the City. The Comprehensive Plan does show a bituminous trail along both Prairie Road and Bunker Lake Boulevard. Mayor McKelvey noted the problems with traffic at the intersection of prairie Road and Bunker Lake Boulevard and suggested some additional easement be taken along the proposed Lot 2 to widen Prairie Road to provide for a right-turn lane. Councilmember Knight wondered if the developer had considered a PUD to the north in lieu of the two cul-de- sacs. He felt this would be a very good location for senior housing. Bvron Westlund. Woodland Development - stated part of the problem is the wetlands. Rather than put another entrance onto Prairie Road, Mayor McKelvey preferred an exit to the north or northeast up to 140th Lane, though he realized that may be economically unfeasible to do. Mr. Westlund - stated the reason for the cul-de-sacs to the north was to avoid another access onto prairie Road because of the safety and traffi2 issue with another access onto it. He did not know the location of the houses to the north or what it would take to get an exit in that direction. They do not own any of that property. Councilmember Dehn stated though she would like to see another access, she is more in favor of the cul-de-sacs than another exit onto prairie Road because of the site distance. Councilmember Knight also preferred the aesthetics of the cul-de-sacs, though he recognized it is more work for snow plowing. Mr. Westlund - noted the Park and Recreation Commission has requested an easement along Bunker Lake Boulevard for a bituminous trail to connect Bunker prairie Park with the proposed Shadowbrook development to the east. He thought sidewalks should go from somewhere to somewhere, There doesn't seem to be any relevancy to placing them in this plat now. Again, there is a wetland issue, and they may have to provide a two-for- one mitigation to get the road through to the south. Mr. Erickson thought sidewalks would be considered a part of the City's infrastructure, not taken out of the park dedication fund. Sidewalks would be installed as a part of the improvement proj ect, whether bituminous or concrete. After some discussion, the Council did not wish to require sidewalks at this time. They wanted to first develop a comprehensive plan for sidewalks and develop a policy. In discussing the jog between the two north/south streets, it was noted the proposed revision to align them would not be desirable unless they meet the east/west street straight on, not at an angle. Mr. Westlund - stated the new proposal would probably mean the loss of Lot 3 and possibly a variance for front yard setback on the existing structure. The Council did not have a strong opinion one way or the other between the initially proposed 120-foot jog or the revised sketch for road alignment, thinking it will depend on the wetland issue. II I Regular Andover City Council Meeting Minutes - November 7, 1995 Page 11 APPROVE PRELIMINARY PLAT/NIGHTINGALE RIDGE Mr. Erickson reviewed the proposed preliminary plat of Nightingalp. Ridge, which consists of six single family rural residential lots. Variances are being requested from the minimum 300-foot requirement at the front setback line for Lots 1 and 2, Block 2, and Lot 1, Block 3. Also, Outlot A must be either combined with the Julsrud/Heidelberger property prior to recording of the final plat or eliminated and become a part of Lot 1, Block 3. In addition, Family of Christ Lutheran Church must deed a drainage and utility easement for the 100-year flood elevation and proposed storm sewer that is being constructed as a part of the plat. The church must also submit a letter to the City that it will maintain and clean the pond. If it fails to do so, the City will have the right to maintain the pond and invoice the work back to the church. Mayor McKelvey noted the variances are necessary because of the Heidelberger property, which also does not meet the 300 feet. Mr. Carlberg explained the Heidelberger property is an existing lot of record and not a part of this plat. It is technically a landlocked, nonconforming parcel. This plat allows him to have access to a public road. Mayor McKelvey asked if he will still have that easement for a private road. Ken Gust. developer's enqineer - stated Mr. Heidelberger has asked for an easement along the edge to keep a temporary road. If the easement: from the north to the new street is vacated, he would have to access directly. In discussing the issue, the Council felt that the easement cannot be allowed unless it is blacktopped, which is what has been required in similar instances in the past. The driveway from that parcel must access directly to the dedicated street and not go across private property. Mr. Erickson stated the easement across this plat will be vacated, and Mr. Heidelberger's driveway would have to access onto Lynette Street. MOTION by Dehn, Seconded by Kunza, to move the Resolution to approve the preliminary plat, add that the easement for the driveway across the plat be vacated or be required to be blacktopped. (See Resolution R248-95) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. WDE AGREEMENT Mr. Fursman explained the MPCA is taking over the landfill site, and the Council is being asked to approve the Letter of Agreement to allow them access to the WDE landfill. This will replace the existing agreement between the City and CRA. The PCA is requiring the City adopt language in the building code which would affect homes that are within a certain distance of the landfill site itself. If the City does not do so, PCA will withhold its payment of $164,000 for sewer area and connection charges. .. . I Regular Andover City Council Meeting Minutes - November 7, 1995 Page 12 (WED Agreement, Continued) Mayor McKelvey thought the City had the requirement of methane barriers removed from the agreement with CRA. He recalled the City did agree that no wells would be drilled within a certain distance of the landfill. Mr. Davidson understood the agreement with CRA was the sewer access at Crosstown Boulevard would be temporary; and if it is determined a permanent outlet is needed, it would be piped directly south to connect into the Bunker Lake Boulevard pipe. The Mayor expressed a desire to talk with PCA officials before acting on the proposed agreement. The Council agreed. MOTION by Knight, Seconded by Dehn, to table this until we get further clarification of what is all involved. Motion carried on a 4-Yes, 1- Absent (Jacobson) vote. LIVEABLE COMMUNITIES ACT Mr. Fursman stated he is bringing back the discussion on the City's participation in the Liveable Communities Act which has been passed by the State legislature. He felt the City has more to lose than to gain by not participating at this time. Mr. Fursman then went through a detailed review of the paragraphs in the proposed resolution electing to participate in the Local housing Incentives Account Program under the Metropolitan Liveable Communities Act. The City's share has been estimated at $16,388 per year beginning 1997 to provide funding and assistance to metropolitan area municipalities. The City will not be eligible for any grants or loans unless it participates in the Local Housing Incentives Account Program. He thought Andover could benefit by grants or loans to clean up the polluted lands. The City would establish affordable and life-cycle housing goals which must be approved by the Metropolitan Council. Ironically, he found that as of 1990, 72 percent of Andover's housing stock is already considered affordable by the Metropolitan Council. Andover's lowest percentage of life-cycle housing is apartments and senior housing. Once an agreement is reached, Andover would take steps to remove barriers to that type of housing. Councilmember Knight noted one requirement that is considered a barrier is requiring garages for homes. He didn't know whether the City wanted to eliminate that requirement. Mr. Fursman stated if the City and the Metropolitan Council cannot reach an agreement on the City's goals, the City has the ability to opt out of the program. Mayor McKelvey was concerned that if the City does not participate or opts out of the program at some point, the Metropolitan Council will not allocate any further sewer expansion. Mr. Fursman also noted the City must elect to participate in the programs prior to November 15, 1995; but it also has the option of bowing out in any year prior to November 15 of that year. No where does the program state what the steps have to be taken to attain the goals o~ how long it has to do so. Councilmember Knight found this as an effort to force the suburbs to provide low-cost housing. Just watching what .. -- ~ ~-...--- --._-- " I Regular Andover City Council Meeting Minutes - November 7, 1995 Page 13 (WED Agreement, Continued) happened with Maple Grove should send an alarm of how cities will be forced into these things. Andover is a young city and doesn't need much for rehabilitation housing. He also noted in similar programs, the administrative costs are tremendous and are assessed with no discussion or agreement. Mr. Fursman noted that is the HRA program. He thought under this legislation, the City gains by being able to pull out if it cannot negotiate goals with the Metropolitan Council, no funding is required for 1996, and there is little enforceability. Also, the City's shar·" can be substituted with funding already expended for affordable housing. He felt that the City already spends more than $16,000 a year on affordable housing through CDBG funds, Staff planning, Community Action, etc., so this would not be an additional expenditure. If the City does not participate, it will be placed on the list which is then sent to the legislature. Again, he felt it would be more beneficial to participate at this time and opt out in the future if agreements cannot be reached. Councilmember Dehn was concerned that this is just the beginning of getting a hold of or controlling what cities should do. She did not like the idea of playing their games. Mayor McKelvey thought it would be to the City's advantage to participate at least until the sewer expansion is allocated. Then it can bow out if it chooses to do so. MOTION by McKelvey to pass the Resolution electing to participate in the Local Housing Incentives Account Program under the Metropolitan Liveable Communities Act. Motion dies for lack of a Second. Clav Heil. 14554 Bluebird Street - asked if the other communities are electing to participate in the program. He felt this is political blackmail. If the City starts with these goals, as it grows, in five or ten years they will dictate even lower standards. Mr. Fursman didn' r, know which cities are participating, but he thought most of them are doing so. He also pointed out this isn't a Metropolitan Council initiative. It was legislature passed by the State. He thought the City hurts itself by not participating now, knowing it has the option to bow out within a year. Once the City gets its 10-year supply of MUSA, it will be able to look at the long-term growth and establish responsible patterns of growth. Mayor McKelvey stated he also receives a lot of pressure to build something for the senior citizens. That would fit into this proposal. He too didn't think the City had anything to lose and quite a bit to gain by participating at this time. MOTION by McKelvey to pass the Resolution electing to participate in the Local Housing Incentives Account Program under the Metropolitan Liveable Communities Act. Motion dies for lack of a Second. No further action was taken on this item. TRANSFER OF AGENT OF RECORD/CITY INSURANCE Ms. McGann requested the Council approve an Agent of Record Transfer to change insurance agents. The insurance company will not be changed, .' -, Regular Andover City Council Meeting Minutes - November 7, 1995 Page 14 (Transfer of Agent of Record/City Insurance, Continued) only the agent servicing the account. Her recommendation is to approve Landmark Insurance Services with Gary Shay as the City's agent. Landmark Insurance services quite a few different municipalities, but she did not know the number of years of municipal service. She has not been pleased with the services of the existing agent, Associated Insurance Brokers, as phone calls have not been returned and items not kept up to date. The existing agent should be aware from their conservations that she is very unhappy with his performance. Mr. Fursman stated this was responding to a citizen's inquiry as to whether or not the City had sufficient insurance coverage provided by the agent. Ken Orttel - stated he spent a number of years as a member of the Board of League of Minnesota Cities Insurance Trust and helped develop thi8 program. The program is one of the most successful programs in the State of Minnesota as far as saving money for the public. He also had a hand in writing the policies, so he is very familiar with municipal insurance. The League of Minnesota Cities is a nonprofit group owned by the cities of Minnesota. While there are few industry standards, the only competition is among agents since the League of Minnesota Cities Insurance is a monopoly. There's a substantial amount of commissions generated from Andover's premiums, which is an antiquated way of buying insurance. He suggested the City should buy services as needed on a fee-for-services basis. The League of Minnesota Cities sells insurance net of commissions to an agency or service firm that will allow the City to purchase the services needed. That's the way it should be bid. He has never seen this firm or the agent being proposed as an agent for a municipality unless it has been recently. He suggested a minimum of ten years intense commercial experience, five years intense municipal experience, and CPCU underwriter who is associated with risk management, etc. He suggested taking the money given in commissions and buy risk management advise on how to reduce losses, etc. The City would be far better off and probably spend a lot less money. Contact the adjoining cities or contact the League and ask for the five best producers, then interview them and determine who has the services the City needs. Mr. Orttel also noted the ethics of the insurance business, that is once the agent does all the work for a commercial account, to switch to another agent after that work has been done is usually not done. Even if considering a switch, which he thought is a big mistake, it should be effective March 1 or soon after the commission is due so the person gets his due for doing the work. The City's agent, Cordell Wellman, has been an agent of the City for over 20 years; and all the years he's worked with Mr. Wellman, there has never been a problem. Mr. Wellman is very intelligent, understands the business, and is a former Mayor and Councilmember of Ham Lake. Mr. Orttel suggested the City seriously look at buying fee-for-services as needed. Call the League of Minnesota Cities Insurance Trust for those who are doing the most fee-for-service business. He thought it could save a lot of money for the City. Mr. Fursman thought Mr. Orttel's suggestion had merit and is something Staff had not considered. Council agreed to have Staff investigate this item further and bring it back to the them. Regular Andover City Council Meeting Minutes - November 7, 1995 Page 15 CURFEW ORDINANCE Mayor McKelvey suggested the Staff draw up a curfew ordinance that is comparable to the county's ordinance and bring it back for Council action. MOTION by Knight, Seconded by Dehn, to so move. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. SCHEDULE DATE/FINAL BUDGET REVIEW Council agreed to cancel the special meeting set for Thursday, November 9. They then agreed to set a special meeting for Wednesday, November 15, 1995, 7:00 p.m. at the Andover City Hall to do a final review of the proposed 1996 budget and to discuss the course of action regarding the City Hall facilities. EXPANSION BOX - TELEPHONE SYSTEM Ms. McGann explained the current telephone system is at its maximum capacity, and they are unable to add additional phone lines or modem lines for the new computer system. She requested approval to purchase an expansion box to allow for the additional phone lines that will be needed in the future and for computer modems. She anticipated no additional upgrades will be necessary for a new City Hall facility. The box will provide eight additional ports and allow about 40 phone lines. She proposed the cost of $3,150 for the expansion box be taken from the contingency fund. Mayor McKelvey asked for a motion to approve the request. MOTION by Dehn, Seconded by Kunza, to so move. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. APPROVE CHANGE ORDER #3/FOX WOODS/HARTFIEL'S/SHARON'S 2ND/POND RCR /BUNKER LAKE BOULEVARD SERVICE ROAD MOTION by Knight, Seconded by Kunza, approval of Item 24. (See Resolution R249-95 approving Change Order #3 for IP94-9, IP94-6, IP94-7, IP93-30) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. APPROVE CHANGE ORDER #3/CROWN POINTE EAST/IP94-22 MOTION by Dehn, Seconded by Kunza, approval. (See Resolution R250-95 approving Change Order #3 for IP94-22) Motion carried on a 4-Yes, 1- Absent (Jacobson) vote. - . . .-.....---- - - - ( Regular Andover City council Meeting Minutes - November 7, 1995 Page 16 APPROVE CHANGE ORDER #7/HILLS OF BUNKER LAKE 5TH ADDITION/IP93-12 Mr. Davidson explained the change order is to remove and replace damaged concrete curb and gutter throughout the development. All of these costs are paid for by the developer. Generally when a builder or contractor damages something, they pay for it. In this case, Mr. Gorham had agreed to replace the curb if it could be done in the fall. MOTION by Kunza, Seconded by Dehn, approval of the Change Order. (See Resolution R251-95) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Kunza, payment of the claims. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. MAYOR/COUNCIL INPUT Main tenance in Senior Center - Councilmember Kunza stated he has received calls from Senior Citizens complaining the floor is always cold, the stove is not working, and the Center is often left a mess. Mayor McKelvey stated the cleaning service can be changed if they are not doing an acceptable job. He knew of a maintenance problem with the freezer that has not yet been resolved, but that is still being pursued. No specific direction was given. The Council recessed at this time to hold a special closed meeting with the City Attorney on the Old is Gold litigation, 12:48; reconvened at 1:13 a.m. MOTION by Kunza, Seconded by Knight, to adjourn. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. The meeting was adjourned at 1:14 a.m. Respectfully submitted, ~~~~L Mar la A. Peach Recording Secretary