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HomeMy WebLinkAboutCC December 17, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 ular City Council Meeting - December 17, 1996 agenda 6:00 - Annual Review of City Administrator Bookmark &!m.I: Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Items I. Public Hearing/Amend Ordinance 56/Sunday Liquor phearing 2. Adopt Resolution/Sunday Liquor License Fee adopt 3. Police Report sheriff 4. Lot Split/Variance/1784I Bluebird SI. NW/Jill Spurgin, Continued spurgin 5. Review 1997 Developers Schedule schedule 6. Bills Superette/Hanson Blvd. NW bills 7. Discuss Public Hearing for Tree Preservation Ordinance tree 8. Discuss "No Wake" Policy nowake 9. Discuss Request/GOR-EM, LLC/Additional Building Permits/Shadow brook shadow 10. Present Findings/Winslow Hills 2nd Add.! Calculations winslow II. Accept Feasibility Report/Order Plans & Specs/95-l2/Well #6 acpt9512 12. Accept Feasibility Report/Order Plans & Specs/96-26/ acpt9626 Trunk S. Sewer & WM/Woodland Estates 13. Approve Funding for 1997 Calendar calendar 14. Discussion on Non-Conforming Home Occupations home EDA Meetin2 IS. Adopt 1997 EDA Budget 16. Discuss AcquisitonIMistelske/Heidelberger mistelsk Non-Discussion/Consent Items 17. Adopt 1997 Fee Schedule fee 18. Adopt 1997 General Fund Budget genfund 19. Adopt 1997 Debt Service Budgets debtservice 20. Adopt 1997 Special Revenue Fund Budgets revfund 21. Approve 1997 Sewer Rates, Continued sewer 22. Adopt 1997 Water, Sewer, Central Equipment & PIR Fund Budgets watersewer 23. Approve Cabling Quote/94-30/City Hall Building cabling 24. Adopt 1997 Risk Management Fund Budget risk 25. Establish Fund Reservations fundres 26. Adopt Records Retention Schedule records 27. Approve 1997 License Renewal license 28. Approve Construction Change Directive/Adolfson & Peterson/City Hall Project/94-30 ap 29. Septic Ordinance Chapter 7080 as Amended chapter 30. Repeal Ordinance. 37/Septic Ordinance repeal 31. Lot Split/Variance/4040 S. Enchanted DriveIKaldahl kaldahl 32. Relocation of Structure!l7051 Crosstown Blvd. NW relocate 33. Approve GIS Contract gis 34. Order BidsIFurniture Contract furniture 35. Award Bid/96-28/WeIl #3 Maintenance bid9628 Mavor-Councillnput Payment of Claims Adjournment .. ... . I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 17, 1996 TABLE OF CONTENTS RES IDENT FORUM . . . . .. " .. . . " .. 1 AGENDA APPROVAL . " . .............. 2 CONSENT AGENDA Resolution R279-96 adopting 1997 General Fund Budget ... 2 Resolution R281-96 adopting 1997 Debt Service Budgets . . 2 Resolution R282-96 adopting 1997 Special Revenue Fund Budgets 2 Approve 1997 Sewer Rates, Continued . . . . . . . . . . .. 2 Resolution R283-96 adotping 1997 Water, Sewer, Central Equipment and PIR Fund Budgets ........... . 2 Approve cabling quote/IP94-30/City Hall Building " . 2 Resolution R284-96 adopting 1997 Risk Management Fund Budget 2 Establish Fund Reservations .... ..... . 2 Adopt Records Retention Schedule .. ... . ..... 2 Adopt 1997 license renewals . . . . . " ....... 2 Septic Ordinance Chapter 7080 . . . . . . " 3 Repeal Ordinance 37/Septic Ordinance ........... 3 Resolution R285-96 granting lot split/variance/4040 South Enchanted Drive . . . . . . . . . . . . .. . 3 Resolution R286-96 granting relocation of structure/17051 Crosstown Boulevard NW ....... . ....... 3 Approve GIS contract. ............... 3 Order bids/Furniture contract . . . ., .. ..... 3 Resolution R287-96 awarding bid/IP96-28/Well #3 maintenance 3 APPROVAL OF MINUTES. ............ ..... " 3 PUBLIC HEARING: AMEND ORDINANCE 56/SUNDAY LIQUOR Motion to approve .. ........... ...... 3 RESOLUTION/SUNDAY LIQUOR LICENSE FEE Resolution R288-96 approving fee ...... . .. . 3 LOT SPLIT/VARIANCE/17841 BLUEBIRD STREET NW/JILL SPURGIN Motion to table to January 21, 1997 . . . " .., . . 3 REVIEW 1997 DEVELOPERS' SCHEDULE . . . . . ., ...... . 4 Motion to hold special meeting on December 30, 1996, to act on urban plats ................. .. 5 PRESENTATION/COUNCILMEMBER JACOBSON . . . . . . . . " . 5 BILL'S SUPERETTE/HANSON BOULEVARD NW Motion to hire independent law firm for impartial opinion .. 6 FUNDING FOR 1997 CALENDAR. .... ...... .... 7 Motion to approve .. .., ., . .... . '" 8 DISCUSS PUBLIC HEARING FOR TREE PRESERVATION ORDINANCE Motion to set hearing for January 21, 1997 ........ 8 DISCUSS "NO WAKE" POLICY . . ., .... ...... 8 DISCUSS REQUEST/GOR-EM, LLC/ADDITIONAL BUILDING PERMITS/SHADOWBROOK8 Motion to allow the additional permits ..... .... 9 PRESENT FINDINGS/WINSLOW HILLS 2ND ADDITION/CALCULATIONS .. 9 Motion to distribute refund among property owners (dies for lack of a Second) .., ........... 10 Motion to table .... .., ......... 10 FEASIBILITY REPORT/ORDER PLANS AND SPECS/IP95-12/WELL #6 Resolution R289-96 to accept feasibility report ..... 10 FEASIBILITY REPORT/ORDER PLANS AND SPECS/IP96-26/TRUNK SANITARY SEWER Þ~D WATERMAIN/WOODLAND ESTATES Resolution R290-96 to accept .. .... .... 11 -. ., ,. ~ ----~ -- ----~ ---- Regular Andover City Council Meeting Minutes - December 17, 1996 Table of Contents Page ii DISCUSSION ON NON-CONFORMING HOME OCCUPATIONS Motion to table · · · · · · · · · · · · · · · · 11 1997 FEE SCHEDULE Resolution R291-96 adopting rates for permits, connection fees, service and water usage . · · · · · · · · 11 Resolution R292-96 adopting service charges · · · · · · · 11 Resolution R293-96 adopting permit fees and service charges 11 Resolution R294-96 adopting fees for permits, rezoning, Special Use Permits, variances, platting license fees, lot splits, rental fees and various other fees · · · · · · · · 11 Resolution R295-96 adopting user fees for the use of fields and hockey rinks · · · · · · · · · · · 11 CONSTRUCTION CHANGE DIRECTIVE/ADOLFSON AND PETERSON/CITY HALL/IP94-30 Motion to approve the change directive · · · · · · · 12 MAYOR/COUNCIL INPUT Youth sports on Sunday Mornings · · · · · 12 Goodbyes! · · · · · · · · · · · · · 12 Snowmobilers · · · · · · · · · · 12 Monthly reports from the Fire Department · · · · 12 PAYMENT OF CLAIMS . · · . . · · · · · · · 12 ADJOURNMENT . . · · · · · · · · · · · · · 12 .. ----- - ----- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - DECEMBER 17, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on December 17, 1996, 7:02 p.m., at the Oak View Middle School, 1685 Hanson Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight Councilmember absent: Kunza Also present: City Attorney, William G. Hawkins Building Official, Dave Almgren City Engineer, Scott Erickson Finance Director, Jean McGann Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Ann Sikora - missed both the City and county truth-in-taxation meetings. She read in the paper last year that there would be no tax increase, but her taxes went up 19 percent in 1996. In 1997 her valuation increased $7,000. She's lived in Andover for 60 years and paid taxes for 47 years and questioned why she has to continually pay more taxes. Taxes now take more of her Social Security money than food. She stated half of her 20 acres is wetland or DNR protected with very little frontage, but she has not gotten any satisfaction from the county assessor. Mayor McKelvey noted the budget has been changed to reflect no increase in Andover's taxable rate for next year. He suggested she talk with the assessor's supervisor or the County Commissioner regarding her land valuation. Sophie Kozlowski - was concerned with all of the snowmobilers who are breaking the law by driving through her field. They also ride along the railroad track, which is very dangerous. Also, her taxes are increasing. Winslow Holasek - noted several incidents of blatant disrespect for private property in his fields by snowmobilers. He asked when the snowmobile club will be issuing tickets. Mayor McKelvey stated they were given that right this past weekend and several warning tickets have already been issued. It is anticipated there will be more warning tickets issued this weekend. Councilmember Dehn also noted the problem with snowmobilers abusing the regulations. If it doesn't stop, there will have to be a change and the privilege taken away. A gentleman from Stenquist Addition complained about the amount of time it took for his street to get plowed. The other streets in the development got plowed by 11 a.m. , but 161st Lane, which is a cul-de- sac, was not done until 2:30 p.m. Frank Stone, Public Works Superintendent, stated that cul-de-sac must be done by the smaller truck. That truck broke down, so that area could not get plowed out until the truck was repaired. Overall, the entire City was plowed out in 12 hours, which is an exceptional time. - .. ~. .- . Regular Andover City Council Meeting Minutes - December 17, 1996 Page 2 (Resident Forum, Continued) Al Grabowski. 1266 146th Lane - stated the Council raised the municipal water rates at the December 3 meeting. He was disappointed the Council took that action. It was not because of an increase in operating costs but to develop the infrastructure for future development of the City. A select group of people are paying for the new wells, water storage and personnel, and he questioned the fairness of that policy. None of the Council and few of the Staff are affected by that decision. Now the rates will be 40 percent higher than the City of Blaine. He questioned the criteria used to set the rates, feeling it penalizes many families. Also, he suggested allowing lawns to be watered every third day, which would be better for the lawns and would conserve water. He asked that the Council take another look at the rates. A preference would be to charge an environmental impact fee for the infrastructure up front with the building permit rather than increase the usage fees. No action was taken by the Council. AGENDA APPROVAL Remove from Consent Agenda for discussion: Items 17, Adopt 1997 Fee Schedule, and 28, Approve Construction Change Directive/Adolfson & Peterson/City Hall Project/IP94-30. MOTION by Dehn, Seconded by Knight, to approve the agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 18 Adopt 1997 General Fund Budget (See Resolution R279-96 adopting the 1997 General Fund Budget and Resolution R280-96 establishing the 1997 Levy) Item 19 Adopt 1997 Debt Service Budgets (See Resolution R281- 96) Item 20 Adopt 1997 Special Revenue Fund Budgets (See Resolution R282-96) Item 21 Approve 1997 Sewer Rates, Continued Item 22 Adopt 1997 Water, Sewer, Central Equipment and PIR Fund Budgets (See Resolution R283-96) Item 23 Approve Cabling Quote/IP94-30/City Hall Building (TELETEK for phones and American Engineered Communications, Inc., for computer and phone cabling) Item 24 Adopt 1997 Risk Management Fund Budget (See Resolution R284-96 ) Item 25 Establish Fund Reservations Item 26 Adopt Records Retention Schedule Item 27 Adopt 1997 License Renewal as Amended (Cigarette Licenses - Merwin Drug, Oasis market, G-Will Liquors, Bill's Superette #7, Tom Thumb Store; Non-Intoxicating Off-Sale Liquor Licenses - Oasis Market, Bill's Superette #7; Non-Intoxicating On-Sale Liquor licenses - Tasty Pizza; Off-Sale Non-Intoxicating Liquor Licenses - Tom Thumb Store) .. ----. Regular Andover City Council Meeting Minutes - December 17, 1996 Page 3 (Consent Agenda, Continued) Item 29 Septic Ordinance Chapter 7080 Item 30 Repeal Ordinance 37/Septic Ordinance Item 31 Lot Split/Variance/4040 South Enchanted Drive/Kaldahl (See Resolution R285-96) Item 32 Relocation of Structure/17051 Crosstown Boulevard NW (See Resolution R286-96) Item 33 Approve GIS Contract Item 34 Order Bids/Furniture Contract Item 35 Award Bid/IP96-28/Well #3 Maintenance (See Resolution R287-96) MOTION by Jacobson, Seconded by Dehn, the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES December 3, 1996, Regular Meeting: Correct as written. December 4, 1996, Special Meeting: Correct as written. December 4, 1996, Truth in Taxation Meeting: Correct as written. MOTION by Jacobson, Seconded by Knight, approval. Motion carried unanimously. PUBLIC HEARING: AMEND ORDINANCE 56/SUNDAY LIQUOR MOTION by Dehn, Seconded by Knight, to open the public hearing. Motion carried unanimously. 7:36 p.m. There was no public testimony. MOTION by Jacobson, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 7:36 p.m. MOTION by Dehn, Seconded by Knight, to approve the Ordinance as presented. Motion carried on a 4-Yes, I-No (Jacobson) vote. 7:39 p.m. ADOPT RESOLUTION/SUNDAY LIQUOR LICENSE FEE MOTION by Jacobson, Seconded by Dehn, to approve the Resolution. (See Resolution R288-96) Motion carried unanimously. LOT SPLIT/VARIANCE/17841 BLUEBIRD STREET NW/JILL SPURGIN MOTION by Jacobson, Seconded by Knight, to continue the tabling on the lot split/variance of Jill Spurgin at 17841 Bluebird Street NW until the second regularly scheduled meeting in January, 1997. Motion carried unanimously. - .- Regular Andover City Council Meeting Minutes - December 17, 1996 Page 4 REVIEW 1997 DEVELOPERS' SCHEDULE Mayor McKelvey explained the provision of the Development Policy Guideline requires improvement petitions and preliminary plats for urban development of more than 20 lots to be approved by the Council on or before December 31 of each year. Only two plats have had public hearings by the Planning Commission, but they have not come before the Council. The developers met with City Staff on Thursday, December 12, 1996, and agreed to the development schedule presented this evening. Because the proposed Chesterton Commons plat has not yet had a public hearing, that development was moved to the 1998 development; however, he understood 90 acres would be developed in 1998, not the 45 shown in the proposal. Councilmember Jacobson understood that Crown pointe East 2nd Addition was scheduled on this evening's Council agenda but was pulled by the developer. Why? Jerry Windschitl. Ashford Development - explained the fee owner, Mr. Chapman, requested the rezoning be done in 1997 for tax purposes. He had asked to put the plat on the second meeting in January because the first meeting in January is the organizational meeting, and typically no other business is conducted. He presented a letter to the Council outlining his objections and concerns with the process for determining which properties will be developed in specified years. He questioned the reason for a meeting with the developers on such short notice, which he was unable to attend because he was out of town. It appeared to him that the Staff decided to take the 1997 MUSA capacity of 45 acres away from Ashford Development for Chesterton Commons sometime in November of 1996, as the preliminary plat of Woodland Estates was presented at the December 10, 1996, public hearing with no phase lines or divisions. Why was he penalized twice by taking away the 45 acres for 1997 development, then pushing it out a whole year to 1998 and 1999. The request for sewer for Chesterton Commons is the longest standing request for sewer in the City. If Chesterton Commons were to proceed at the same rate as the Woodland Estates plat, it would be before the Council on February 4, 1997. Mr. Windschitl felt the City needs to either stand by its policy and not approve any plats for development in 1997 or allow all three plats to proceed, that is Crown pointe East 2nd Addition, Timber Estates and Chesterton Commons. The reason they have not yet brought the plat of Chesterton Commons to the public hearing stage is the difficulty of trying to determine the phase lines. Mr. Winds chi tl also noted the issue of extending trunk sewer and watermain to the proposed Woodland Estates plat is on tonight agenda, and he understood it is a City initiated project. That project will cost the City over $400,000. To extend the trunk sewer and watermain to Chesterton Commons up Hanson will cost only about $13,500 plus some right-of-way acquisition. Was the City intending to take that extension away from him? How does he get a City initiated project for the extension of the utilities to service his plat? .. --- ---. I Regular Andover Ci ty Council Meeting Minutes - December 17, 1996 Page 5 (Review 1997 Developers' Schedule, Continued) The Council debated whether to hold to the policy of requiring urban plats to be approved by December 31 in order to develop in 1997 or whether to allow the two plats that have already been through the public hearing process to be approved in early January for 1997 development. Mr. Fursman explained that the meeting with the developers was called on short notice because Staff realized decisions needed to be made before the end of the year. Because the plat of Chesterton Commons was not ready for public hearing, the decision was made to move it to 1998 for development in an effort to keep a consistent amount of acreage for development each year. The feeling of Staff was to recommend a deviation from the policy and to allow those plats through the public hearing process to be heard by the City Council for development in early 1997. Another alternative would be to hold a special meeting yet this December to approve the two plats that have had public hearings. ! Staff noted that the proposed Timber Estates plat has had a public hearing and only minor revisions suggested by the Planning Commission are still needed. The Crown pointe East 2nd Addition plat is also ready to be heard by the Council, but the owner has requested a delay. Chesterton Commons has not yet been to a public hearing. After further discussion, the Council agreed to hold a special meeting on December 30 to review the plats that are ready for Council action. This will allow those plats to develop in 1997 and will also uphold the Development Policy Guideline. MOTION by Jacobson, Seconded by Dehn, to have a special meeting on Monday, December 30, 1996, 7 o'clock. The offer is open to all developers that have met all their requirements that the Council will do their plat review at that time. DISCUSSION: Bvron Westlund. Woodland Development - felt this deals with the deeper issues of honesty and integrity. He reviewed the meetings and agreements of the developers and Staff over the past six months. The policy was adopted for year-end approvals and the development moratorium defeated as a result of the cohesiveness of the Staff, Council and developers. Woodland has worked diligently to meet the requirements and asked that those who have tried to work within the guidelines not be punished. Some flexibility and changes may be needed to look at the potential acreage of development per year. Motion carried unanimously. PRESENTATION/COUNCILMEMBER JACOBSON Mr. Fursman read a mock resolution developed by the Staff regarding Councilmember Jacobson's 25 years of service to the City, thanking him for his service and dedication. Mayor McKelvey then presented Councilmember Jacobson with a plaque recognizing his service to Andover. Councilmember Jacobson commended the Council and Staff for a good job, stating he can still be of service. I Regular Andover City Council Meeting Minutes - December 17, 1996 Page 6 BILL'S SUPERETTE/HANSON BOULEVARD NW Mayor McKelvey noted the written opinions of the City Attorney and attorney for Rademacher Companies, Inc., both stating there is nothing the Council can do to prevent the proposed development of a Bill's Superette on Hanson Boulevard and 138th Avenue NW. He had hoped to work with Rademacher Companies to move their facility elsewhere. The only location they are interested in is the property directly west of this one, which is now owned by the State. Because this is an emotional issue, Councilmember Jacobson suggested an independent law firm be asked to given an opinion on this issue. MOTION by Jacobson, Seconded by Knight, to hire an outside independent law firm and to ask that that opinion would come before the Council for review the second meeting in January. DISCUSSION: Councilmember Dehn asked if it could be brought back the first meeting in February because she will not be available in January. She asked if the Special Use Permit for this project has the same conditions as the one for SuperAmerica. She would like to see more consideration made on the site plan relating to the drainage issue in the area. Mr. Carlberg stated the Permit relates to the underground bulk storage of liquid fuels which establishes the minimum requirements. Through the site plan review, the issue of a skimmer on the pond can be addressed. Councilmember CHANGED the motion to "the first meeting in February". Second Stands. Mayor McKelvey stated he will continue to work with the developer between now and the spring in an attempt to move the project to the west side of Hanson Boulevard. Councilmember Knight suggested the County Commissioners and state legislators be contacted in an attempt to resolve the issue with the state-owned property. Mr. Fursman suggested the residents should also contact the County Commissioners. Motion carried unanimously. Mike Malroonev. 13868 Crane Street - stated they have opinions from two other attorneys, Timothy Keane and Patrick Fugina, who are outside attorneys who feel the Special Use Permit granted to Mr. Rademacher in 1988 is no longer valid. As a resident, he is concerned with the impact of this proj ect on the valuation of his and surrounding properties. Also, the Council can take into consideration the welfare of the citizens when considering the issuance of a Special Use Permit. He also presented a petition signed by 111 residents in the Hills of Bunker Lake opposing this particular project. Jovce Twistle, 1518 139th Lane NW - stated there are differing opinions from the attorneys on this issue. In order to get a fair shake in choosing an independent attorney to review the issue, she recommended a panel of residents, Staff and Council do the selection similar to what is done in arbitration. The League of Minnesota Cities will review this if there is a claim. She noted the Minnesota Court of Appeals ruled in 1995 that the Little Canada City Council's denial of a Special Use Permit based on neighborhood opposition and the effect of the development on the general welfare of the residents was proper. Their Regular Andover City Council Meeting Minutes - December 17, 1996 Page 7 (Bill's Superette/Hanson Boulevard NW, Continued) welfare and safety is being threatened by this development, and the residents implore the Council to do the right thing for them. It is an issue of safety for their children. It will adversely affect the property values, and it will have an impact on the existing ponding system and on the environment with the removal of the trees. They believe this is not an appropriate development in a residential neighborhood. The residents would be pleased to work with the Council to meet with the County Commissioners to force the issue on the property to the west of Hanson Boulevard. The representatives of SuperAmerica met and worked with the residents. That has not occurred with this development and they do not want this development there. A woman asked how the Council is going to choose an independent attorney. The attorney should have as much experience in that area as possible. She also asked, based on the Mayor's discussions with Rademacher, whether the developer would really develop west of Hanson Boulevard if that was an option. She found it hard to believe there would be cooperation when there hasn't been any with the residents. Mayor McKelvey stated that the response has been it would considered. Councilmember Jacobson hoped that the residents would have some confidence that the City would choose a truly independent legal counsel for another opinion. He suggested the Mayor and City Administrator make that decision. Attorney Hawkins stated he did not want to be a part of the decision, but he would provide a list of attorneys who are experienced and knowledgeable in municipal law. After further discussion, it was agreed that the Mayor and City Administrator would choose another legal counsel for an impartial opinion. Mayor McKelvey stated that they would be happy to include one or two residents who would meet them at the City Hall when making that selection. APPROVE FUNDING FOR 1997 CALENDAR Cindy DeRuyter, Recycling Coordinator, reviewed the proposal to print a 32-page community calendar to be given to each Andover resident. Information provided would be for each City department, police and fire, youth programs, athletic programs, etc. Also, this would qualify for the educational requirements of the recycling program of the City, so about $4,000 can come from the recycling budget. She received two quotes; and after reviewing them to be sure the quotes were for the same product, the low bid is from General Litho Service for $7,501 for 6,987 calendars. Mailing would be extra. There was some discussion about whether or not the City's funds should be expended for this project, as a couple residents in the audience felt the City should be cutting back expenses to reduce taxes. Mr. Fursman stated the purpose is to provide a service to the residents. It is a way of educating them about the City, the recycling program, activities, etc. Regular Andover City council Meeting Minutes - December 17, 1996 Page 8 (Approve Funding for 1997 Calendar, Continued) In further discussions, the Council liked the format done by the City of Coon Rapids. They did not feel the water fund should contribute to this, as that would only be from a portion of the residents. They felt this should be funded by all of the residents. Mayor McKelvey noted the Lions Club will contribute $1,000 toward the mailing. It was then determined that only $3,500 of the cost would be coming from the General Fund. MOTION by Jacobson, Seconded by Dehn, to authorize the printing of the calendars on the condition that $4,000 come out of recycling, nothing out of the water fund and the Andover Lions to contribute $1,000. Motion carried on a 3 -Yes, I-No (Dehn) vote. DISCUSS PUBLIC HEARING FOR TREE PRESERVATION ORDINANCE MOTION by Jacobson, Seconded by Knight, to hold the public hearing for the Tree Preservation Ordinance the second meeting in January, 1997. Motion carried unanimously. DISCUSS "NO WAKE" POLICY The Council noted the Staff report which indicated that Andover passed a "No Wake Zone" along the Rum River within the City limits in 1989; however, the City of Ramsey and Anoka County never approved similar resolutions. The Council directed Staff to approach the Ramsey City Council to set up a joint meeting regarding this issue. If the Ramsey City Council is not interested in a joint meeting, Staff was asked to work with Ramsey's Staff on the matter. DISCUSS REQUEST/GOR-EM,LLC/ADDITIONAL BUILDING PERMITS/SHADOWBROOK Mr. Erickson explained GOR-EM, LLC, has requested additional building permits be allowed above the 72 permits they are currently allowed to receive. The sewer and water, curbs and gutter and gravel are in place along the streets of those specific lots; however, the streets are not paved and the utilities must still be tested. Mike Ouiqley. Bunker LLC. - stated they have 75 lots in Phase 1 and they were guaranteed 72 permits at the beginning of construction. The streets would have been paved if the weather had not stopped them. They were two days away from paving. They are requesting the additional permits because people are interested in purchasing the lots and do not want to wait until April to begin construction. They understand the City does not care to take on the obligation of plowing. They will do that and will stand behind anything that would be disturbed in that process. This would not include the issuance of any Certificates of Occupancy. ___ ~___ _____ k__ ... Regular Andover City Council Meeting Minutes - December 17, 1996 Page 9 (Request/GOR-EM, LLC/Addi tional Building Permi ts/Shadowbrook, Continued) The Council and Staff discussed the request, the policy in place, the reason the policy was instituted, the pros and cons of allowing such construction on the gravel streets, the pros and cons of requiring the blacktop to be installed before the construction of houses, the option of constructing a temporary access road to the lots so the City streets would not be used, and the issue of maintaining the integrity of the policy. MOTION by Jacobson, Seconded by Dehn, that we allow them to issue the building permits, but no Certificates of Occupancy until after the streets are completed. Add the stipulation that no contractors work in there for three or four days after the blacktopping and that all the curb and gutter and gravel will be repaired before doing the blacktopping. DISCUSSION: Councilmember Jacobson explained the reason for granting the request is because everything is in but the blacktopping, and they were only two days away from doing that. If, however, the utilities or gas lines, phone lines, etc., were not in, he would stay with the policy. It is understood the City will not plow the roads. In case of fire, the City is not liable because the roads have not been accepted for maintenance. The Council agreed they did not wish to change the policy in any way. Motion carried unanimously. PRESENT FINDINGS/WINSLOW HILLS 2ND ADDITION/CALCULATIONS Mr. Erickson reported his research indicates that portion of Winslow Hills 2nd Addition below the 100-year flood elevation was included in the assessment, and it should not have been. Mr. Holasek's calculations identify .4 acres more in that 100-year elevation that are not identified on the grading plan. Winslow Holasek - wished he had be able to talk with Mr. Erickson prior to the meeting about the difference in the calculations. He stated he again talked with his surveyor at Hyland Surveying, who verified his calculation of 3.4 acres below the 100-year elevation is correct because the easements are included per the City's assessment policy. After reviewing the assessment policy, Mr. Erickson acknowledged that the easement boundary is to be included in those calculations. He felt at some point the City may want to reevaluate the use of the easement in those calculations. He noted the assessment process was legal, the calculations were provided to the developer, and a reimbursement might set precedent and create problems in the future. Also, who would receive the refund, those residing on each of the lots or the developer? The money for the refund would be backed out of the Trunk, Source and Storage Fund plus any money from the area charge for storm sewers. Mr. Holasek - explained the assessments were not rolled into the cost of the lots in that development. The price of the lots were market driven. The additional assessment meant the profit margin was less; therefore, the assessment should be returned to the developers. He also noted that when the City made a mistake and forgot to assess for storm sewers, Regular Andover City Council Meeting Minutes - December 17, 1996 Page 10 {Present Findings/Winslow Hills 2nd Addition/Calculations, Continued} they, as developers, did not feel it was right to assess each individual lot owner, which the City would have had to do; so Winslow Hills, Inc., paid for that assessment directly. That cost was twice as much as this refund. He calculated this project was over assessed by $12,435.16. He felt the refund, with interest, should be paid to the Winslow Hills Partnership. He also wanted to know who was to blame for calculating the assessment roll to include that property. TKDA prepared the rolls and they reviewed them for the City because the City did not have an engineer on Staff at the time. He questioned the propriety of that process and felt TKDA has some responsibility. In further discussion, the Council acknowledged an error was made in the assessment, generally agreed a refund is in order, and agreed to use Mr. Holasek's calculation of 3.4 acres and an over assessment of $12,435.16. Because the City received the money, the City would be the one to reimburse the assessment. They felt the issue is who would get the refund, not finding and/or placing blame for the error. Attorney Hawkins advised that credit should be given against the lots; and if the developer feels he is entitled to the refund, he can make a claim against the property owner. MOTION by Jacobson that the City of Andover refund the $12,435.16 to each pin Number of property owners within Winslow Hills 2nd Addition, to distribute that refund equally over the area, applying the interest rate of the project. Motion dies for lack of a Second. After further debate on who would get the refund, Attorney Hawkins stated legally the City is not obligated to return that portion of the assessment. If the desire is to refund it to the developer, he would suggest it be done on condition the developer would indemnify the City against any claims by the lot owners in that subdivision. Mr. Holasek - stated he would have to discuss that condition with his partner. Councilmember Jacobson felt that makes it more complicated than it need8 to be. He preferred to give the refund to each property owner. MOTION by Dehn, Seconded by Knight, to table the issue until Mr. Holasek can talk with his partner. Motion carried unanimously. ACCEPT FEASIBILITY REPORT/ORDER PLANS AND SPECS/IP95-12/WELL #6 Mr. Holasek noted the feasibility study to install Well #6 on the City- owned property on Andover Boulevard, which used to be the location of one of Andover's original school houses. Because of the historic significance of the site, he asked the Council to consider the possibility of designing the well house architecturally to resemble the old school house. The Council felt it is worth pursuing but wanted to know estimated costs first. MOTION by Knight, Seconded by Dehn, to accept the feasibility study, order the improvements and direct preparation of plans and specs, IP95- 12. (See Resolution R289-96) Motion carried unanimously. '.~ . _ __ _ _. 4. . Regular Andover City Council Meeting Minutes - December 17, 1996 Page 11 (Councilmember Dehn left the chambers at this time.) ACCEPT FEASIBILITY REPORT/ORDER PLANS AND SPECS/IP96-26/TRUNK SANITARY SEWER AND WATERMAIN/WOODLAND ESTATES MOTION by Knight, Seconded by Dehn, the Resolution accepting feasibility, ordering improvement and directing preparation of plans and specifications, IP96-26, as presented. (See Resolution R290-96 ) DISCUSSION: Jerrv Windschitl. Ashford Develovment - noted this is a City initiated the project, not developer initiated. The Woodland Estates development was initiated the same time Chesterton Commons was, yet nothing has been done for that plat. How does he get the City to initiate the extension of trunk sanitary sewer and watermain to Chesterton Commons? According to the policy, he is not able to petition for that extension until the preliminary plat has been accepted by the City Council. With this extension being ordered, will there be funds left to service his plat? Mr. Erickson stated the extension to service Chesterton Commons will be reviewed and will be initiated with the timing of the plat. Each extension is evaluated separately because the five-year Capital Improvements Plan is not yet in place. Staff will be working on that Plan. There are funds available for the trunk extensions for both this plat and Mr. Windschitl's. Motion carried on a 3 - Yes, I-Absent (Dehn) vote. DISCUSSION ON NON-CONFORMING HOME OCCUPATIONS MOTION by Knight, Seconded by Jacobson, to table this item given the hour and items left to do. Motion carried on a 4-Yes, I-Absent (Dehn) vote. The Council recessed at this time to hold an EDA meeting, 11:10; reconvened at 11:38 p.m. (Councilmember Dehn returned.) ADOPT 1997 FEE SCHEDULE Ms. McGann explained the fees are set based on various criteria and are aimed to cover costs. MOTION by Dehn, Seconded by Jacobson, to adopt all the Resolutions. (See Resolution R29I-96 setting rates for permits, connections fees, services and water usage; Resolution R292-96 establishing service charges to be collected in 1997; Resolution R293-96 establishing permit fees and service charges; Resolution R294-96 setting fees for permits, rezoning, Special Use Permits, variances, platting license fees, lot splits, rental fees and various other fees; Resolution R295-96 establishing user fees for the use of fields and hockey rinks) Motion carried unanimously. Regular Andover City Council Meeting Minutes - December 17, 1996 Page 12 APPROVE CONSTRUCTION CHANGE DIRECTIVE/ADOLFSON AND PETERSON/CITY HALL PROJECT/IP94-30 There was some confusion over the proposed adjustment amount, as the intent is that the maximum cost of the project is to be $1.3 million. Attorney Hawkins felt that is how the proposal reads. MOTION by Dehn, Seconded by Jacobson, to approve the Change Directive. Motion carried unanimously. MAYOR/COUNCIL INPUT Youth sports on Sunday mornings - Councilmember Jacobson stated their church received a letter from another Andover church informing them that the Andover Athletic Association or the Park Board is scheduling tournaments on Sunday mornings, which precludes people from being able to attend church. It is a concern and a departure from past practices of not scheduling such events on Sunday mornings. He wanted to raise that issue. Mayor McKelvey thought it may be the athletic associations; however, no specific action was taken at this time. Goodbyes! Councilmember Jacobson stated he enjoyed working with the entire Council. He commended everyone for their professionalism even in cases of disagreements and wished the Council good luck. The other Councilmembers also expressed their pleasure in working with Councilmember Jacobson. Snowmobilers - Councilmember Dehn asked if the Sheriff's Department could help out on patrol along Round Lake Boulevard regarding the violators on snowmobiles. She also received a call from an individual who had a complaint about snowmobiles. That person did not want to call the snowmobile club but did call City Hall; but the Staff person answering the call would not take the complaint. Mr. Fursman stated that should not have happened and that Staff will take those types of complaints. Monthly reports from the Fire Department - The Council requested that they receive monthly reports on the activities of the Fire department. PAYMENT OF CLAIMS MOTION by Jacobson, Seconded by Dehn, to approve the payment of claims. Motion carried unanimously. MOTION by Knight, Seconded by Jacobson, to adj ourn. Motion carried unanimously. The meeting was adjourned at 11:57 p.m. ~sx~~tWtl~Ub~ L ~~~e~ ~~ding Secretary ___n ___._ __ ____.~ . _ __ _ ,_. - -- -> ~._.