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Home My WebLink AboutCC April 3, 2001 ~~ ~ 4-11-0\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w.· ANDOVER, MINNESOTA 55304' (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - Tuesday, April 3, 200 I agenda Call to Order - 7:00 PM Bookmark Resident Forum Name Agenda Approval Approval of Minutes minutes Consent Items I. Update/Bonding for Parks bond park 2. Retroactive Transfers/2000 Audit audit 3. Approve Special Use Permit (SUP 01-03)/16157 Round Lake Blvd. NWNoiceStream Wirelessvoicestrm 4. Approve Deeds/95-16/ Anoka County deed9516 5. Approve Reclassifying Zoning Administrator Position to Associate Planner planner 6. Update ofSignal-Conduits/98-17/Crooked Lake Blvd. & Bunker Lake Blvd. updt9817 7. Approve Purchase of Playground Equipment apprplay 8. Accept Petition/01-81732 - 140lh Lane NW/SS & WM pet018 9. Release Letter of Credit - #92-29/Echo Woods Special Assessments locechowoods 10. Reduce Letter ofCreditlWoodland Estates/97-05 locwoodland II. Release Letter of Credit/Chesterton Commons 2'd Addition/97 -49 locchesterton 12. Approve Resolution for Establishing Compliance with Reimbursement Bond/00-18/ bondOO18 Andover Boulevard Extension 13. Approve Resolution for Establishing Compliance with Reimbursement BondIWoodland Oaks/bondmisc White Pine Estates/Aztec Estates/Chesterton Commons North 2'd Addition/Natures Run/ Well #8 14. Call 1996 General Obligation Bonds bonds1996 15. Authorization for Early Payoff of GMAC Commercial Mortgage gmaccall Discussion Items 16. Hold Public HearingJOO-29/Lakeview Terrace & Adjoining Areas ph0029 17. Presentation of Skateboard Facility by Task Force/O 1-5 pres015 18. Order Plans & Specs/01-5/Skateboard Facility Eqipment ord015 19. Order Plans & Specs/OI-5/Skateboard Park Bituminous Surface ord015sur 20. Flexible Spending Plan Approval flexspend 21. Reduce Letter of Credit - #98--40/Hamilton Square Dev.lmprovements/97-26 lochamilton Staff Items 22. Request Special Workshop/Fire Station #1 workshop 23. Set Date/City Council Annual Bus Tour tour Mayor/Council Input Payment of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRiL 3, 2001 TABLE OF CONTENTS AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 APPROVAL OF MINUTES .................................................. I WELCOME/CITY ADMINISTRATOR......................................... I CONSENT AGENDA Update/Bonding for parks ................................................ 2 Retroactive transfers/2000 audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R056-01 approving Special Use Permit (SUP 01-03)16157 Round Lake BoulevardIVoiceStream Wireless. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 2 ApprovedeedsIIP95-16/AnokaCounty ...................................... 2 Approve reclassifYing Zoning Administrator position to Associate Planner. . . . . . . . .. 2 Update of signal conduitsIIP98-17/Crooked Lake and Bunker Lake Boulevards ...... 2 Approve purchase of playground equipment (Game Time Structure, $35,000) ....... 2 Resolution R057-01 accepting petitionlIPOI-8/732 140th Lane/SS & WM .......... 2 Release Letter of Credit - IP92-29Æcho Woods special assessments. . .. . . . . . .. . . .. 2 Reduce Letter ofCreditIWoodland EstateslIP97-05 ............................ 2 Release Letter of Credit/Chesterton Commons 2nd AdditionlIP97-49 .............. 2 Resolution R058-0r establishing compliance with reimbursement bond./IPOO-18/ Andover Boulevard extension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R059-01 establishing compliance with reimbursement bond/Woodland Oaks/ White Pine/Aztec Estates/Chesterton Commons N 2nd/Natures' Run/Well #8. . .. 2 Resolution R060-01 calling 1996 General Obligation Bonds ..................... 2 Authorization for early payoff of GMAC commercial mortgage. . . . . . . . . . . . . . . . . .. 2 PUBLIC HEARING: IPOO-29/LAKEVIEW TERRACE AND ADJOINING AREAS ..... 2 Resolution R061-01 terminating project ..................................... 3 PRESENTATION OF SKATEBOARD FACILITY BY TASK FORCEIIPOI-5 .......... 3 ORDER PLANS AND SPECSIIPOI-5/SKATEBOARD FACILITY EQUIPMENT AND BITUMINOUS SURFACE Resolution R062-01 ordering plans and specsIIPOI-5/Skateboard Facility equipment.. 5 Resolution R063-01 ordering plans and specsIIPOI-5/Skateboard bituminous surface.. 5 REDUCE LETTER OF CREDIT - #98-40/HAMILTON SQUARE DEVELOPIIP97-26 . .. 5 Motion directing Staff & Attorney to develop policy ........................... 6 REQUEST SPECIAL WORKSHOPIFIRE STATION #1 Motion to set workshop for May 8, 7 p.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 SET DATE/ANNUAL BUS TOUR/ICE ARENA TASK FORCE Motion scheduling bus tour for April 23, 6:30, workshop at 8 p.m. ................ 6 MAYOR/COUNCIL INPUT NFPA ................................................................ 6 Metropolitan Council letter ............................................... 6 Update on Bunker Lake Boulevard problem .................................. 6 City coalition .......................................................... 6 Sewer extension from Aztec Estates ........................................ 7 Test well at Andover Elementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Bills to exempt sales tax for water treatment plant ............................. 7 APPROVAL OF CLAIMS ................................................... 7 ADJOURNMENT ................................... . . . . . . . . . . . . . . . . . . . . . .. 7 ~ c..../.L- u...,~ 4-1,-0\ CITY of ANDOVER REGULAR ANDOVER CITY COUNCiL MEETING - APRiL 3, 2001 MINUTES The Regular Bi-MonthIy Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 3, 2001, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, John Erar Others AGENDA APPROVAL Add Item 24, Set Special Workshop with Citizens/Ice Arena Task Force. Delete Item 20, Flexible Spending Plan Approval. Motion by Trude, Seconded by Jacobson, approval of the Agenda as amended. Motion carried unanimously.. APPROVAL OF MINUTES March 8, 2001, Special Joint Meeting with Park Commission: Correct as written. March 20. 2001, Regular Meeting: Page 9, first paragraph, last sentence, change "Mr. Erickson" to "Mr. Dickinson stated they could bond..." Motion by Jacobson, Seconded by Trude, both the March 8 and March 20 Meeting Minutes as amended. Motion carried on a 4- Yes, I-Present (Knight) vote. WELCOME/CITY ADMINISTRATOR Mayor Gamache welcomed John Erar as the new City Administrator. Regular Andover City Council Meeting Minutes - April 3. 2001 Page 2 CONSENT AGENDA Item I Update/Bonding for Parks Item 2 Retroactive Transfers/2000 Audit Item 3 Approve Special Use Permit (SUP 01-03)/16157 Round Lake Boulevard NWNoiceStream Wireless (Resolution R056-01) Item 4 Approve DeedsIIP95-16/Anoka County Item 5 Approve ReclassifYing Zoning Administrator Position to Associate Planner Item 6 Update of Signal ConduitsIIP98-17/Crooked Lake and Bunker Lake Boulevards Item 7 Approve Purchase of Playground Equipment (Game Time Structure, $35,000) Item 8 Accept Petition!lPOI-8/732 140th Lane NW/Sanitary Sewer and Watermain (Resolution R057-01) Item 9 Release letter of Credit - IP92-29/Echo Woods Special Assessments Item 10 Reduce Letter of Credit/Woodland EstateslIP97-05 Item 11 Release Letter of Credit/Chesterton Commons 2nd Addition!lP97-49 Item 12 Approve Resolution for Establishing Compliance with Reimbursement Bond/IPOO-18/Andover Boulevard Extension (Resolution R058-01) Item 13 Approve Resolution for Establishing Compliance with Reimbursement Bond/Woodland Oaks/White Pine Estates/Aztec Estates/Chesterton Commons North 2nd Addition/Natures' Run/WelI #8 (Resolution R059-01) Item 14 Call 1996 General Obligation Bonds (Resolution R060-01) Item 15 Authorization for Early Payoff of GMAC Commercial Mortgage Motion by Jacobson, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. PUBLIC HEARING: IPOO-29/LAKEVIEW TERRACE AND ADJOINING AREAS Mayor Gamache noted this is his neighborhood. He has been advised by the City Administrator that he would be able to vote on this issue and, therefore, will be doing so. He noted the results of the most recent petition. Motion by Knight, Seconded by Jacobson, to open the public hearing. Motion carried unanimously. 7:09 p.m. Councilmember Orttel stated this is not a petitioned project; so by state law, a 4/5 vote is needed to approve it. The most recent petition shows only 8 or 9 percent in favor of it. The City's policy has been to not approve a project without a majority of the residents in favor unless there is an overwhelming health issue. That hasn't been found in this case. Mr. Erickson stated the new petition oflast Friday showed 8 properties in favor, 55 against with the remaining property owners not indicating one way or the other. The vast majority oppose it. Regular Andover City Council Meeting Minutes - April 3, 2001 Page 3 (Public Hearing: IPOO-29/Lakeview Terrace and Adjoining Areas, Continued) Art Steinber~. 13562 Crooked Lake Boulevard - asked why he is on the list. They went through the area a few years ago and the people did not want the watermain in their street. Mr. Erickson stated there would be some storm sewer assessments as a part of this project. If the complete project is done, the upgrade of the streets and storm sewer system would mean the water from this gentleman's yard would be draining into the storm sewer system of the project. Mr. Steinberg - stated those on the opposite side of Crooked Lake Boulevard would not get charged. If there is an upgrade, why aren't all the people being assessed instead of only a select few? Why wasn't this done when the streets were torn up when Crooked Lake Boulevard was upgraded? Mr. Erickson stated they would have to look in more detail at the other properties outside of this neighborhood. When Crooked Lake Boulevard was reconstructed, state aid funds were used to pay for the improvements, so there were no assessments. The storm water funnels to Crooked Lake, and improvements would be made to the outlets that would be assessed in this project if it goes forward. If the project is not approved, he would propose a road maintenance program in this area of crack sealing and seal coating. No storm water, curb or gutter or other street improvements would be considered. The road maintenance would be paid for from General Fund dollars. Mike Sanborn. 13558 Eidelweiss - stated he has a water problem. The water runs down the street into and up his driveway and yard. As a result, his driveway has busted up. He was hoping the street improvement would fix it. He would like to have that looked at. Mr. Erickson stated if the project is not approved, there would be no street improvements done; but they will look at the situation before the seal coating to see if something could be done to help in the interim. Mr. Steinberg - stated he did not have an opportunity to vote on the petition. He is opposed to the project. Motion by Knight, Seconded by Trude, to close the public hearing. Motion carried unanimously. 7:25 p.m. Motion by Jacobson, Seconded by Knight, to terminate the project and direct Staff to do crack sealing and seal coating at the City's expense. (Resolution R061-01) Motion carried unanimously. PRESENTATION OF SKATEBOARD FACILITY BY TASK FORCE/lPOl-5 Todd Haas, Assistant City Engineer, showed a video of other skateboard/roller blade parks and equipment and then presented the members of the task force on a Skateboard Facility. The task force was made up of young people from the community along with a few of the parents, Park Commissioners Paul Anderson and Dave Blackstad and himself. The task force met four times and discussed the location of the skateboard facility and the equipment to be used. The facility would reduce conflicts between the youth and others and reduce damages to public and private property. Regular Andover City Council Meeting Minutes - April 3, 2001 Page 4 (Presentation of Skateboard Facility by Task Force/IPOI-3, Continued) They are proposing a Tier 1 skateboarding facility which does not change the City's insurance premium or liability and would not need to be supervised. Helmets, elbow and knee pads would be required, and the CSO's would patrol the park. Weekly or daily maintenance and inspections would be established by Public Works. The task force looked at various locations and were prepared to recommend the facility over the existing tennis court at City Hall. Last week he was notified about new skateboarding equipment that is modular and can be moved by Public Works with fork lifts. With the modular equipment, using the existing hockey rink at City Hall is a viable option. The equipment could be removed for ice skating in the winter. Mr. Haas stated $25,000 would come from Park funds. The understanding is if the task force can come up with $7,500, the Park Board will match it for a total of another $15,000 to be put toward equipment. About $40,000 is estimated to blacktop the existing tennis court, though the blacktopping cost would be less if the existing hockey rink is used. Park and Recreation Commissioner Dave Blackstad explained the match would be for additional equipment. Fencing is not required. The boards around the hockey rink could remain as is. It is already lighted. Public Works has said the ice on the rink will set up better in the winter with asphalt under it. If the tennis court is used, eventually it may be replaced, which would be an additional cost. A blacktop surface has been used successfully in other skateboard parks. Asphalt is cheaper and has more give. The task force has already received a pledge from the Lions Club, plus they will be doing car washes and other fund raisers. Councilmember Jacobson stated as a senior in the City, he didn't want to give up the tennis court. The hockey rink seems like a better deal. Mr. Haas stated he is not sure of the costs of the modular equipment but thought it was less expensive than the permanent equipment the task force had considered. In response to a question on the safety of the wooden boards around the rink, Mr. Haas stated at a workshop today that issue was raised, and the answer was there is no safety hazard as proposed for a Tier 1 facility. Frank Stone, Public Works Superintendent, stated there would be space to store the modular equipment in the winter. It would be outside, covered. Councilmember Trude agreed the proposal is a good one for the age group of youth that would use it. It provides a safe environment, and the hockey rink area would be very visible. Park and Recreation Commission Chairperson Valerie Holthus stated the Commission feels this is a priority. She felt using the hockey rink is a good idea, hating to lose the tennis court. Mr. Haas explained if the Council approves, plans and specs would be prepared. The task force would consider equipment options, bring it to the Park Board and then back to the City Council. The intent would be to have the surfacing done with the Sunshine Park project some time in June with the equipment to be available in late June or July. Councilmember Jacobson felt that the concerns of ADA accessibility and the fencing need to be addressed further, with answers available when this is brought back to the Council. Regular Andover City Council Meeting Minutes - April 3, 2001 Page 5 ORDER PLANS AND SPECS/IPOl-5/SKATEBOARD FACILITY EQUIPMENT AND BITUMINOUS SURFACE Motion by Knight, Seconded by Trude, to approve Items 18 and 19 (Resolution R062-01 ordering plans and specs/IPOI-5/Skateboard Facility equipment and Resolution R063-01 ordering plans and specs/IPOI-5/Skateboard Park bituminous surface) DISCUSSION: Jack McKelvey. Andover Lions - understood the money to be raised by the task force must be done by May I. The Lions have made a commitment of funds. Can they give that money in increments as they have done in the past, or must the Park Board have all of it by May? In the past they have guaranteed a certain amount, with the Park Board carrying that amount as they paid $1,000 increments until it is paid off. Commissioner Blackstad stated they would like a commitment before ordering the equipment. He didn't see a problem with extending the date to August or October. He preferred to leave that open ended to give the youth time to do the fund raising. They can order $25,000 worth of equipment and an additional $15,000 or $20,000 worth in the fall or next spring. Motion carried unanimously. REDUCE LETTER OF CREDIT - #98-40/HAMILTON SQUARE DEVELOPMENT IMPROVEMENTS/IP97-26 Mr. Dickinson explained Ed Hamilton has requested a reduction in the Letter of Credit #98-40 for development improvements of Hamilton Square to $47,700 in favor of the City of Andover provided by First National Bank of Elk River. Staff reviewed the request and has concluded the request does not meet the 85% rule. Currently only approximately 75% of the assessment is paid. Just the assessment on the land remains. Councilmember Orttel noted that other than the assessment, the land is not encumbered. It is very valuable property, and things would have to go terribly awry before the City would have any exposure on it. Attorney Hawkins advised the City is protected by the policy of 85%. If it is reduced in this case, a precedent would be set for other developers. CounciImember Orttel agreed with the concept of 85% and did not want to change it, but wondered if it can be modified for unique circumstances such as this. Ed Hamilton - stated the project was started in 1997. The City wanted a post office and clinic, and they were told the only thing they could do to get the two parcels was to develop the land. He handed out a list of the total expenses for the project. The taxes and assessments are due. He has someone interested in the land now. He does not want to lose the property, but his money is tied up in the Letter of Credit. He asked the Council to help with the assessment and taxes by reducing the Letter of Credit to free up the cash to pay them, Payment to the City is due April 16. After some discussion, the Council agreed to have the City Attorney, developer and Staff come up with an agreement that would maintain the integrity of the policy but would allow the Letter of Credit to be reduced because the land is not encumbered, resulting in a reduced risk to the City. The Regular Andover City Council Meeting Minutes -April 3, 2001 Page 6 (Reduce Letter of Credit - #98-40/Hamilton Square Development Improvements,IP97-26, Continued) property value supports the remaining assessment. It was agreed the April 16 deadline should remain, and that any amendment to the policy should be agreed to before then, then brought back to the Council at the April 17 meeting. Motion by Knight, Seconded by Orttel, give Staff and the City Attorney authority to develop a policy and apply it to Mr. Hamilton, then bring the policy back to the City Council for final approval on April 17. Motion carried unanimously. REQUEST SPECIAL WORKSHOPIFIRE STATION #1 Motion by Jacobson, Seconded by Orttel, to set a workshop with the Fire Department on Tuesday, May 8, 7 o'clock at Fire Station #1. Motion carried unanimously. SET DATElCITYCOUNCILANNUAL BUS TOUR -SET SPECIAL WORKSHOP/lCEARENA TASK FORCE The Council agreed to schedule the bus tour for Monday, April 23, 6:30 p.m. to 8 p.m., then hold the workshop with the Ice Arena Task Force at 8 p.m. in the Council chambers. Motion by Orttel, Seconded by Jacobson, to so move. Motion carried unanimously. MAYOR/COUNCIL INPUT NFPA - Fire Chief Dan Winkel stated they will bring a resolution to the next Council meeting opposing the regulations being proposed for fire protection. For a volunteer department, it would be very difficult to meet those standards. Metropolitan Council letter - Attorney Hawkins stated Barry Sullivan has worked on the first draft. He will see that it gets out to the Council. Update on Bun/œr La/œ Boulevard problem - Mr. Erickson stated the problem has not been resolved at this point. He has not heard from the county regarding a time frame for when the repairs will occur. City coalition - Councilmember Trude noted an article in the St. Paul paper on the frustration on the part of Eagan's mayor with the Metropolitan Council. She felt there are other cities feeling the same way Andover does regarding the Metropolitan Council. She suggested Andover meet with other leaders of government with similar views to counter the Metropolitan Council lobbyists who are at the Capitol every day. She felt the City needs to be more active on that issue. The Council generally Regular Andover City Council Meeting Minutes -April 3, 2001 Page 7 (Mayor/Council Input, Continued) agreed. Mr. Erar also agreed and stated he will contact other city administrators to see if they would have some interest in discussing and defining the issues. He will also be meeting with the Metropolitan Council Community Development Director, as he understands they are trying to reform some of their policies on the MUSA, density, liveable communities, etc. The Council felt meeting subregional goals is more realistic than imposing requirements on each individual city. Sewer extension from Aztec Estates - Mr. Erickson stated Staff met with Rosella Sonsteby regarding the proposal to provide municipal utilities to her property just west of Aztec Estates. They have asked for permission to survey that area. Staffhas not yet been given any direction by Ms. Sonsteby. The feasibility report is being put together and will include the extension of the services to the property line of Aztec Estates. Test well at Andover Elementary - Mr. Erickson stated they are waiting for the reports from the test well done in the front of the Andover Elementary School. Preliminarily it looks like it would be a good location for a well. The report should be back within a few weeks. Bills to exempt sales tax for water treatment plant - Councilmember Trude announced there is both a Senate and a House bill to exempt sales tax if the City constructs a water treatment plant. That could save about a quarter million dollars on the project. APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Knight, approving the payment of Claims. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:52 p.m. Respectfully submitted, '~~L Marcella A. Peach Recording Secretary