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HomeMy WebLinkAboutCC February 3, 2004 C I T Y o F Qm.uLd..uU NDOVE .;< - II -0'-1- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, February 3, 2004 Call to Order - Following EDA Board Meeting scheduled at 6:00 pm Pledge of Allegiance Resident Forum Agenda Approval 1. Legislative Update/State Rep. Chris DeLaForest - Administration 2. Presentation of Bunker Hills Park Improvements/ Anoka County Parks Department - Engineering 3. Approval of Minutes (1/20/04 Regular & 1/20/04 Executive Session) Consent Items 4. Approve Payment of Claims - Finance 5. Approve New Development Contracts/Developer & City Installed Improvements - Engineering 6. Approve Development Guidelines for PrivatelylPublicly Installed Improvements/Streets & Utilities - Engineering 7, Accept Petition/Order Feasibility Report/04-9/Crosstown Meadows - Engineering 8. Approve Plans & Specs/04-4/2004 Seal Coating - Engineering 9. Approve Classification & Sale of Forfeit Properties - Clerk 10. Approve Raffle Permit/Anoka County Pheasants Forever - Clerk 11. Award Bid Package #I/Stee\ and Pre-Cast Concrete/Shop Drawings/Community Center Project- Administration Discussion Items 12, Authorize Advertisement for Bids/Site Work Bid Package #2/Community Center Project -Administration 13, Approve Andover-YMCA Community Center Project Cost Allocation Percentage Formula- Administration 14. NPDES (National Pollutant Discharge Elimination System) Presentation & Public Hearing/02-31- Engineering 15. Consider Rezoning/R-I to R-4/15827 Crosstown Boulevard (Continued from 12/2/03) - Planning 16. Consider Rezoning/R-I to R-4/15929 Crosstown Boulevard NW for Fire Station #3 - Planning 17. Consider Rezoning/R-I to R-4IProperties Located at 15773-15955 Crosstown Boulevard NW - Planning 18. Consider Sketch Plan/Properties Located at 15773-15955 Crosstown Boulevard NW - Planning 19. Consider Tax Abatement Project Application - Administration Staff Item 20. Schedule February City Council Workshop -Administration 21. Schedule Board of Review - Clerk Mayor/Council Input Adjournment C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W.' ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755·8923 . WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 3, 2004 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 3,20047:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MinnesoUl Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM There was none. AGENDA APPROVAL Add Item 22, (Reschedule March 2, 2004 Council Meeting). Remove from Consent Items for discussion Item 5, (Approve New Development ContractslDeveloper & City Installed Improvements); and Item 11, (Award Bid Package #1/Steel and Pre-Cast Concrete/Shop Drawings/Community Center Project). Councilmember Knight wondered why we would not be interested in the lot in Woodland Terrace in Item 9. Mr. Erar stated this was the lot that had been identified as the well site. He stated the lot is tax forfeit, is a buildable lot, and the property Dwner of this lot has some issues with the County and is now under this classification. Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. Regular Andover City Council Meeting Minutes - February 3, 2004 Page 2 LEGISLATIVE UPDATE/STATE REPRESENTATIVE CHRIS DELAFOREST Representative DeLaForest updated the City Council and residents regarding some of the issues that may arise during the session. Councilmember Jacobson stated there are two issues regarding Anoka County. One is the rail issue and the other is the Viking stadium. He wondered when these would be anticipated coming up for discussion at the legislation. Representative DeLaForest stated regarding the Northstar Commuter Rail, they had a hearing about a week ago, It was very preliminary and the Federal Transit Administration came out with new numbers regarding ridership, the class benefit analysis and how much this might cost to build. They had a good preliminary discussion. Around the end of February they are slated to go back for another hearing in the House and during that hearing, the Northstar Development Authority has told the legislators they will produce some concrete numbers about how they propose to fmance both the construction and the operation of the Northstar Commuter Rail. He stated this is all very preliminary and at the end of February they should have some idea and good solid information about exactly how much it should cost to build and operate and what that might mean in terms of a tax impact on the people of Andover. The Northstar Commuter Rail is estimated to cost about $265 million to build and of that they are looking at an $88 million dollar local commitment. They have to look at operating costs as well. Representative DeLaForest explained the Vikings Stadium is in a more preliminary phase and is estimated to cost around $240 million dollars. He has seen a proposal that would recoup some if not all of the $240 million through an addition to the current sales tax that is levied. Around three quarters of one percent would be levied County wide. Councilmember Trude stated Representative Kathy Tinglestad sent her information regarding a listening session and she assumed Representative DeLaForest would do the same. She wondered ifhe had one coming up soon, Representative DeLaForest stated on February 18,2004 at 7:00 p.m. at City Hall, he will be holding his Legislative Kickoff-Town Hall Meeting and invited all residents of Andover to discuss any concerns they may have. Councilmember Orttel stated he has brought up with Representative DeLaForest the limit on the inability to raise taxes on new growth is really troublesome to a City like Andover that is growing so fast. He asked for an explanation of the plight of growing suburbs. He stated it is creating problems that over time will cost a lot of money to correct and he did not think it was necessary if they could be collecting for growth as it occurs. Representative DeLaForest discussed these items and stated he would work hard on behalf of this issue at the Capitol. PRESENTATION OF BUNKER HILLS PARK IMPROVEMENTS/ANOKA COUNTY PARKS DEPARTMENT City Engineer Berkowitz explained representative from the Anoka County Parks Department are in attendance to make a short presentation in regard to the picnic ground redevelopment in Bunker Hills Regular Andover City Council Meeting Minutes - February 3, 2004 Page 3 Regional Park. Mr. Nick Eoloff, Park Planner for Anoka County Parks and Ms. Karen Blaska from the Anoka County Parks Department made a presentation to the City Council. Councilmember Jacobson asked what the long range plans are for the recycling area. Mr. Eoloff stated he heard the compost site would stay where it is. Councilmember Jacobson stated in the summer time they charge for entrance to the park. He wondered why they are not charging in the winter for cross-country skiing and other activities. Mr. Eoloff stated their Ordinance states they charge for the regional parks year round whether or not they have an employee there. They have an honor box at the entrances and it is on the honor system for people to put $3,00 in the box and fill out the form. More people use the park in the summer and it is easier to employ kids for the gatehouses. Councilmember Jacobson asked how much money they collect in the wintertime. Mr. Eoloffstated they receive around $100,000.00 system wide. Councilmember Trude asked if they took the ball field out of the park plan. Mr. Eoloff stated being a regional park they are not in the Qusiness to put on that kind of recreational activity. They will still have an open playfield and they plan to have a volleyball court. A resident asked if there were any plans on maintaining a nature trail because the park is full of history. Mr. Eoloff stated they have been intensely working with the native materials in trying to get what was once there reestablished. He stated they do run a program through the activity center and Coon Rapids Dam. This is something they can look at again. Councilmember Orttel stated the City has been working on a trail system to connect local trail systems and he wondered if they were still involved in this or if they planned to add another trail by the rail road tracks. Mr. Eoloff stated in their original Master Plan for the trails, they had a trail that was going to go underneath the railroad but they could not work out an agreement with the Railroad so they decided to have a crossing on the south side of Bunker. He stated they have been meeting with Andover staff to put in a crossing along Bunker Lake Boulevard. Councilmember Orttel asked what the time frame is to complete the park. Mr. Eoloff stated they have two more phases left which should take them three to four years. Councilmember Trude stated she noticed a lot of people went to the wave pool this past summer and the entrance has become very congested. She wondered if their Master Plan includes having a turn lane to alleviate that congestion because she thought they need more traffic lanes coming out of the park. Mr. Eoloff stated they have talked about this briefly but they have not done a warrant study. Regular Andover City Council Meeting Minutes - February 3, 2004 Page 4 APPROVAL OF MINUTES January 20, 2004, Regular Meeting: Correct as written. Councilmember Jacobson stated on page 4 of the Regular Council Meeting, third paragraph, the sentence should read "Councilmember Jacobson stated in the motion, they should make sure the City issue-receive the lien wavers and make sure everything is covered." January 20, 2004, Executive Session:. Correct as written. Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 4 Approval of Claims Item 6 Approve Development Guidelines for PrivatelylPublicly Installed Improvements/Streets & Utilities Item 7 Accept Petition/Order Feasibility Report/04-9/Crosstown Meadows (See Resolution R026-04) Item 8 Approve Plans & Specsl04-4/2004 Seal Coating (See Resolution R027-04) Item 9 Approve Classification & Sale of Forfeit Properties Item 10 Approve Raffle PermitlAnoka County Pheasants Forever Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously, AWARD BID PACKAGE #I/STEEL AND PRE-CAST CONCRETE/SHOP DRAWINGS/COMMUNITY CENTER PROJECT City Administrator Erar explained on January 22, 2004, bids were opened for the award of shop drawings for structural steeUjoists/decking and pre-cast concrete. Competitive bids were received for both bid packages, with RIM Construction conducting the bid opening and analyzing bid submittals. Councilmember Jacobson stated on Item 11, even though they are not actually awarding the bids they are incurring an $80,000.00 cost for the shop drawings. If this is approved, does Mr. Dickinson have any idea how much they are into this project at this time. Mr. Dickinson stated roughly it is $750,000.00 to one million dollars. Councilmember Jacobson stated by moving the resolution as worded, would they be approving the two lowest bids or are they approving on1y the shop drawings. City Attorney Hawkins stated Regular Andover City Council Meeting Minutes - February 3, 2004 Page 5 they are on1y approving the shop drawings and he is comfortable with this. Motion by Trude, seconded by Ortte1, to award the bids for shop drawings for structural steel/joists/decking to Hanson Pipe and Products and pre-cast concrete to Five Star Welding as recommended by RIM Construction. Motion carried unanimously. (Resolution R028-04) Councilmember Trude stated they have to go through this process to decide who is going to draw up these special order items so they can get in line to order the items if the project moves forward and it is not until March that this would be decided. AUTHORIZEADVERTlSEMENT FOR BlDS/SlTE WORKBlD PACKAGE#2/COMMUNITY CENTER PROJECT City Administrator Erar stated the City Council is requested to authorize advertisement for bids for Bid Package #2 - Site Work. This package includes all site work related to the Community Center, with the exception of relocation associated with the three (3) ball fields. Ball Field lighting, fencing and miscellaneous materials will be relocated by City staff in coordination with on-site contractors and in conjunction with construction management oversight. Mr. Erar explained the project schedule requires the advertisement for bids for site work, which is described in the attached correspondence from Brian Recker, RIM Construction. Site work activities are critical to meeting project completion deadlines related to the opening of the Ice Arena by October 4,2004. With early bid issuance and award of the site work package, the City will realize a 2 week advantage on the existing schedule and ensure the timely mobilization of contractors and equipment on the site. Councilmember Orttel asked if this is all one bid. Mr. Bob Jossart stated this will be one large package. They believe they can get the best price and product by combining all of these. This also gets them out of the business of finger pointing and will get the best price by bidding it in one number. Councilmember Orttel stated there are some time requirements involved. Mr. Jossart stated they need to get into the ground in time and they need mobilization time so they want to get this contract behind them. Councilmember Orttel asked if there is a provision in the bid that would allow contributions from certain types of contractors to lower the cost. He stated once this bid goes out, they will no longer be able to have donations from contractors. He askedifthere is a way to write this up so they can allow donations to occur. Mr. Jossart stated the owner always has the right in the contract to use their own contractor on any project. The problem they will have is they need to know what the cost of the project will be. Mr. Erar stated they have had these discussions relative to the value of what that work is and the best way to approach this is to bid the work out. Then they get the value associated to the activities and that value will be correlated with someone who may wish to donate those Regular Andover City Council Meeting Minutes - February 3, 2004 Page 6 services so they have a value against what you can base the contribution to the campaign. He stated they are under a very tight time schedule. Discussion ensued in regard to local contribution values. Motion by Jacobson, seconded by Trude, to authorize advertisement for bids for Site Package #3 - Site Work by adopting the attached resolution. Motion carried unanimously. (Resolution R029-04) APPROVE ANDOVER - YMC4 COMMUNITY CENTER PROJECT COST ALLOCATION PERCENTAGE FORMULA City Administrator Erar explained the City Council is requested to consider approving the cost allocation percentage for the Andover-YMCA Community Center project. Mr. Erar stated City staff and YMCA representatives, with the assistance of Brian Recker from RJM Construction Management, have reached a point in negotiations where Council approval will be necessary. Mr. Recker has submitted a report, attached, that describes the allocation on the basis of specific use, cost per square foot pricing and percentage of shared common space. Mr. Recker feels these percentages are a fair and reasonable allocation of cost between the City and YMCA, based upon the respective intended uses of the facility. Mr. LaSalle has been negotiating for the YMCA in the cost allocation split and he also concurs with the methodology and outcome ofRJM's allocation review. Mr. Erar stated through discussions, staff and YMCA representatives have tentatively agreed upon an allocation apportionment of 51.75% for the City and 48.26% for the YMCA. This allocation percentage falls within the original estimates provided to the Council several months ago by Finance Director Dickinson. These numbers, if approved by the Council, will also need to be approved by the YMCA leadership and will be used in the lease agreement being prepared by the City Attorney and staff in various sections of the lease document. Mr. Jossart explained the allocation apportionment percentages with the City Council. Mr. Erar stated the two additional team rooms are fully paid for by the school district. Councilmember Jacobson asked Mr. Dickinson ifhe concurred with what has been discussed. Mr. Dickinson stated the numbers concurred with what he has. Motion by Orttel, Seconded by Jacobson, to approve the allocation percentage split between the City and the YMCA, at 51. 74% for the City and 48.26% for the YMCA. Any savings or increases to the construction budget and/or use of the project contingency will be split along these same percentage lines and subject to the approval of the YMCA approving authority also. Councilmember Trude stated her understanding is they have a lease agreement that needs to be Regular Andover City Council Meeting Minutes - February 3, 2004 Page 7 negotiated with the School District and they are working on this as well. Mr. Dickinson stated he has had discussions with Mr. Tom Durand and they are working out a package that will work for both sides. Motion carried unanimously. Mr. Jossart stated Mr. Kronholm has decided to not be actively involved with RIM Construction but is still available to them if needed. NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC HEARING/Ol-3I City Engineer Berkowitz explained the City of Andover is required to comply with the latest NPDES regulations set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part of this process is to hold a public hearing to receive feedback on the project. Mr. Kameron Kytonen discussed the information with the City Council. Councilmember Jacobson stated he would like to simplifY this. A number of years ago Congress passed a law called Clean Water Act and for a couple years portions of that law were not enforced by the Federal Government. Some environmental group sued the Federal Government to follow the rules and now it is up to the cities to enforce and do what the law says. While they are instructed to do this, the City did not receive any money so they estimated what the extra costs would be and that is how they came up with the cost because they are mandated to do this, Mayor Gamache asked what the car washes are doing to control the runoff of water. Mr. Berkowitz stated public car washes have a containment area. Some of the runoff does drain into the sanitary sewer system but when a person washes their car at home, it goes into the public storm water system, which eventually gets into water bodies in the state and eventually water quality goes down. Councilmember Trude stated they get a lot of residents calls and complaints and they have a lot of new homes getting built in the city and she has had a number of people ask her why the tree protection line is right up to the tree when if you destroy the tree root system, the tree dies. She wondered if they have looked at how this is done in the City. Mr. Kytonen stated they try to keep the tree protection line as far from the tree as possible; however, a lot oftimes the builder wants to try to save the tree even though it is that close to the building so they have to put the tree preservation line at the trunk of the tree. Mr. Berkowitz stated they try to work with the builders to save as many trees as they can. Motion by Jacobson, seconded by Trude, to open the public hearing at 8:35 p.m. Motion carried unanimously, Mr. Lyle Bradley, 15202 - 7th Avenue NW, along the Rum River, stated they have fifteen acres of Regular Andover City Council Meeting Minutes - February 3, 2004 Page 8 land and nine acres is a pond. When they made the pond, it was quit sensational for about thirty years and then a lot of development took place and since that time they have been saturated with lawn fertilizers, salt from the road and their pond has deteriorated drastically. They receive a tremendous amount of water from all of the development that took place in the area. He is not objecting to the five dollars, he is objecting to the principal of it. Councilmember Jacobson stated in the Ordinance that was passed, there was a provision that if a property owner objected and could bring some proof to staff that this property had certain characteristics, there could be some accommodations made. Mr. Berkowitz stated they would have to revisit this. Mr. Berkowitz stated he has a letter from Rosella Sonstenby's attorney. He read the letter to the Council. The attorney wrote that development in the vicinity of her property has caused problems on her property, which the City is aware of and they want the City to take a communitive impact study of the storm water discharge contemplated by present and future development. Councilmember Trude stated the letter is signed by Mr. William Peterson, Attorney at Law. Motion by Jacobson, seconded by Trude, to close the public hearing at 8:43 p.m. Motion carried unanimously. CONSIDER REZONING/R-I TO R-4/I5827 CROSSTOWN BOULEVARD (CONTINUED FROM 1212/03) Community Development Director Neumeister stated this rezoning was tabled at the December 2, 2003 Council meeting, The Council directed that a neighborhood meeting be held and a sketch plan be prepared before the rezoning would be considered, Those have now been completed and the rezoning of this parcel can now move forward. Mr. Neumeister stated this rezoning would allow the development of a I5.22-acre parcel that can now get sewer service via the Constance Comers subdivision sewer. Motion by Trude, Seconded by Jacobson, to approve the proposed rezoning. Motion carried 3 ayes, 2 nays (Gamache, Orttel). (Ordinance 282) CONSIDER REZONING/R-l TO R-4/15929 CROSSTOWN BOULEVARD NW FOR FIRE STATlON#3 Community Development Director Neumeister explained according to the City Code, parcels in the (R -I), Rural Residential zoning district cannot receive city sewer and water. Since it is imperative that the new fire station has access to municipal utilities, an effort is being made to change the station's zoning to an Urban Residential zoning classification. Regular Andover City Council Meeting Minutes - February 3, 2004 Page 9 Motion by Jacobson, Seconded by Trude, to approve the rezoning request based on the fact that times and conditions have changed. Councilmember Orttel asked why they would rezone this for a fIre station because a fIre station is allowed in any area. Councilmember Jacobson stated they need to provide sewer and water. City Attorney Hawkins deferred to Mr. Neumeister. Mr. Neumeister stated he did not know why this needed to be rezoned but it is part of what happened at the public meeting and the area is about urbanization and it is time to move ahead with the rezoning in these areas, Councilmember Trude stated the staff report states it cannot receive city sewer or water. l..\xI~ ~ Ú-A..- v\.LC:utLLol -'tò R- '-\-. Ct\ì\..t..lìdJ...r.L .,:;{-n-ü,-\ Motion carried unanimously. (Ordinance 283) CONSIDER REZONING/R-I TO R-4IPROPERTIES LOCATED AT 15773-15955 CROSSTOWN BOULEVARD NW Community Development Director Neumeister stated the 43-acre spread ofland around the site of the new fIre station is composed of four separate parcels that would all like to be considered for rezoning from R-I to R-4, In early December 2003, the owner of one parcel applied for a rezoning. The Council tabled the request, preferring to rezone all four properties at once. This application represents the rezoning request for the other three properties. With the passage of this resolution, the entire 43-acres will have the potential to be rezoned at once instead of the individual parcels being rezoned at different times. Councilmember Jacobson asked the developers after the public input, how have they changed the sketch plans. Mr. Mark Smith stated they have not changed them yet because they did not want confusion as to what plan they were working off of. Mayor Gamache stated if they were talking about a south entrance, they would have to cut through some residential property to get to I 57th. Mr. Berkowitz stated what staff recommendation is saying is that in the future when those areas potentially develop there would be a road access. Discussion continued in regard to a future road connection and to their current ordinance. Mr. Mark Lipski stated a lot of information has come up in this meeting that he had not heard before such as a road going through between his and his neighbors' properties. He would not be for this because he thought it should be at the cost to the developer and they should take some of the developers land to put in a road to funnel traffic. He stated it seems like some of this has already been approved. As far as rezoning, he could see this being rezoned for the fire department because it Was talked about for years. The middle property "Ð" wanted to be hooked up to City sewer and water and the property he thought was bought contingent on the rezoning to urban. The other properties, A, B, and C were purchased by Mr. Mark Smith. He wanted to know why a developer would come in with a sketch plan when they knew the property was zoned 2.5 acres. He thought it Regular Andover City Council Meeting Minutes - February 3, 2004 Page 10 seemed like this was already planned and done by engineering and planning and zoning of the City and seemed a little underhanded. Mr, Lipski stated rezoning properties A, B and C is not characteristic for the area and he thought there were other ways to do this. There has been a lot of clear cutting done in the City and the developer did say this land will be clear cut to put houses in. They need to try to save some of the rural areas and the trees. Mr, Lipski stated he has talked to Mr. Tom Durand of the School District regarding the growth of the City. The new high school has been open a year and a half and it is already overfilling with students and asking for portable classrooms. He thought they needed to control the city's growth a little more. Mayor Gamache stated regarding the split and the road it is his understanding that this would never happen on their properties un1ess the owners were willing to sell or to split the lot. The second issue is the concern of developments being pre-developed. This is part of the MUSA and has been planned for since that date and could get easily rezoned into urban because they can put sewer and water in there. City Attorney Hawkins stated as long as they meet the requirements in the code, the developers have the right to develop the property to the densities in their plans and they do not have any alternatives regarding approval of it. The requirements have to be applied uniformly based on what the standards are in the ordinance. Councilmember Trude stated they are bound to follow the requirements of the City Ordinance. Discussion ensued in regard to the development and rezoning the property. Mrs. Martha~W'oodcock asked if they will still be able to use their driveway if the development came in. Mayor Gamache stated there will be more traffic but the County has not made any recommendations regarding access from the driveway. Councilmember Knight stated the on1y other option would be if the roadway extended down. Mr. Berkowitz showed the map and explained \;Vhat could,happen.'ÍÍ\..L v'--W.-ui-u--<= L0fuJ ,...i../t9U1li.4..---'-tÝ'\Ccb l))ru ~ wt::i..LLLJ...<l.L. Iù-"" c:.\..-'...WUDCl...L.0·' -Hu. µU:tn cL&e4 \Y\òt..Iv'ù/~ ,_Xu.J\ ~-to ~'Y\. Councilmember Orttel stated after the development is built, he wondered if the speed limit could be changed to 30 mph through that area because it becomes an urban section. Councilmernber Trude stated traffic depends on the time of day. The meeting recessed at 9:44 p.m. The meeting reconvened at 9:49 p.m. Ms. Mary Hamment, 1 59th Avenue NW, stated they would like to see if the lots could be deeper with Regular Andover City Council Meeting Minutes - February 3, 2004 Page 11 larger backYards. They applaud Councilmember Orttel for his input and they do not feel like their road is set up to carry extra traffic, She stated they have a lot of kids growing up in the area and there is a major issue with the traffic. Councilmember Orttel stated the chance of having a traffic light at the crossing is not probable possible because the cost is great and the County is not paying for these anymore. Mr. Berkowitz stated what they have talked about is a primary intersection and not a traffic signal. Ms. Hanunent stated some residents have brought up the point that their developments have on1y one way in and one way out and the neighborhood is the same and she wondered why they have to change this now. Councilrnernber Knight stated iftbey get another way through tbe neighborhood, it will alleviate the traffic. Ms. Connie Erickson, Sl2 Constance Boulevard, stated she has a concern with the pond in her backYard and what impact this will have if they put in 92 homes, She stated this is a beautiful pond that supports wildlife and she was hoping that as they take a look at this, they look at it as a big picture. She thought they could come up with a solution to buffer. She asked if this property were rezoned to R-I, was it correct that lot size could not be controlled by the city. Mayor Gamache stated this area is already in their Comprehensive Plan as urban and the next step is to rezone it. They have to rezone it because it is in the Compo Plan as an urban district. He thought the conversation gives them some background and feedback to the developer as to what the requests are from the public and what the Council overall is feeling regarding what needs to be done to buffer this more rural area that will be next to the urban area. Councilmember Trude stated regarding the wetland, they do have ordinances requiring a certain amount of buffering. Mr. Berkowitz stated on storm water issues that were brought up they have requirements through the water management plan to design storm water systems so they don't add additional runoff to the system. The discharge will be regulated onsite. Councilmember Trude stated they cannot increase the water going into the pond when they develop the property; it has to remain the same. Councilmember Jacobson asked if the developers have purchased the property in discussion tonight and are they the fee owner or is it on a contingent basis. Mr. Gary Laurent, Laurent Development Company, stated he is not sure if he wants to answer the question regarding what is in the contract between him and the property owners but he is not the fee owner. Mayor Gamache asked if rezoning from R-I to R-4 is the next step in the Comp. Plan. City Attorney Hawkins stated they are supposed to rezone it as expeditiously as possible so they do not have a conflict between the Compo Plan and the Zoning Ordinance. Mayor Gamache stated their Compo Plan has been out there for a number of years and this land is supposed to be an urban area but it has never been rezoned. City Attorney Hawkins stated it is urban when they get sewer and water in but he did not think it was urban ten years ago. Discussion continued in regard to how long they have to bring the Comprehensive Plan into conformance. Regular Andover City Council Meeting Minutes - February 3, 2004 Page 12 Mr. Erar stated when the Council approved the Comprehensive Plan, it guided the area for urbanization, and zoning follows the Comp, Plan approval. Rezoning of a property is not preconditioned on certain issues being met; rezoning follows what they have guided the area for. The opportunity to indicate what types of things they would like to see is called for in other Ordinances. The rezoning of the property is a technicality in that the rezoning follows. He stated all the decisions are made based on where you see the growth of the community going. Councilmember Orttel asked if they had a legal right to stop the developer from cutting trees, City Attorney Hawkins stated there are standards regarding noise, access and glare and affect on adjacent properties that give them some leverage and more language could be added up until the time of preliminary plat approval. He stated the Ordinance can be amended to provide that. Councilmember Orttel stated the problem is they do not have a buffer zone between urban and residential areas. Councilmember Jacobson stated he would be open to looking at a PUD. Mr. Erar stated in a PUD, they can maintain the same densities but they will have smaller lots because they will be protecting outer areas which mean the lots will be smaller and closer together and there will be more lot coverage associated with the home. He stated that is something that can come later. City Attorney Hawkins stated the PUD could be tied in with the subdivision application. Mr. Neumeister stated that by the way the sketch plan has been used in the City it is changing the nature of what the rezoning should be. It should be based on the merits of whether or not it meets the Comprehensive Plan, the overall low density requirement and is it in current staging plan. If they make the judgments, they should rezone; if they cannot make the judgments, they should not be using the sketch plan as a crutch to deny it. He did not believe in a court oflaw that they could use conditions on a sketch plan to deny a rezoning. Councilmember Orttel agreed. Mr. Neumeister stated if the Council would like a PUD Ordinance, one could be created and they could raise standards but that should be dealt with as an Ordinance, not at rezoning time. Mr. Erar stated this would involve effectively imposing a moratorium on development until such time a PUD Ordinance could be created and adopted, which could take anywhere from six months to a year. Motion by Trude, Seconded by Jacobson, to approve the rezoning request based on the fact that times and conditions have changed. Councilmember Orttel stated they have no protection for these people and he thought it was really foolish to proceed without that. He thought it should be delayed until they can get some ordinances that would protect the rural areas and they have the ability to do that under the law and he thought it would be reasonable to do that. Motion carried 3 ayes, 2 nays (Gamache, Orttel). (Ordinance 284) Mayor Gamache stated the reason he voted against this is because he would like to see the same type of discussion on the urban area. Regular Andover City Council Meeting Minutes - February 3, 2004 Page 13 CONSIDER SKETCH PLANIPROPERTIES LOCATED AT 15773-15955 CROSSTOWN BOULEVARDNW Community Development Director Neumeister stated the City Council is asked to review a residential sketch plan for a 43-acre development located along CrosstOWD Boulevard between l57tb Avenue and 161" Avenue. The proposed sketch plan is located in an R-l, Single Family Rural Residential Zoning District. A rezoning to R-4, Single Family Urban Residential, will be necessary to process a formal plat. Mr. Mark Smith stated one of the issues he keeps hearing is the l59tb access and they did a plan based on what they thought the County and City would like. They would be happy to work with the staff and Council and would consider keeping the access shut off. Councilmember Trude stated if they do not bring the street through, it will leave the development and surrounding homes with on1y one access. Mr. Smith stated they would be happy to provide another access and work with the County and City. Mr. Smith stated he won an environmental award of excellence for working on sites to preserve trees and he will try to work with the existing topography and to preserve the site and provide buffers. Councilmember Knight asked if he would provide berms. Mr. Smith stated they would. Councilmember Trude asked if what she heard about clear cutting trees is correct. Mr. Smith stated where roads and utilities go, they will need to clear cut but he wanted to preserve what trees he could. Councilmember Jacobson thought it would be a good idea to provide a preliminary sketch plan with a cluster development, which allows houses to be more compact in one area and have more open space in other areas, not getting more density. He would be willing to look at this issue and felt it would solve a lot of the problems and concerns brought up. Mr. Laurent stated they have been listening to the comments and wanted to commend the residents on how they presented their ideas. They have been taking notes and will put forth their best efforts to put together a plan to address those issues. Mr, Lipski showed an aerial view of the property and asked if the City could request a park with trails which would provide an instant buffer. Regular Andover City Council Meeting Minutes - February 3, 2004 Page 14 CONSIDER TAXABATEMENT PROJECT APPLICATION City Administrator Erar stated the City Council discussed the topic of tax abatement at their regular Council work session of January 27, 2004. The Council requested that this item be placed on the February 3, 2004 Council agenda for further discussion relative to potentially submitting a tax abatement project application to Anoka County. Councilmember Trude stated she has been involved with going to all of the meetings on the community center and working with the YMCA on lobbying the County Board on access and she thought it would be wise to send this back to the City Administrator, Finance Director and City Engineer who are working together on this to prepare a draft application. Motion by Trude, seconded by Knight, to have the City Administrator work with the Finance Director and City Engineer to prepare a draft application for abatement for further Council review with the following included: 1. A temporary signal and turn lanes at Bluebird and Hanson. 2. Turn lanes at 154m and Hanson. 3. Evaluate adjacent parcels to these locations to determine whether funds are adequate from the abatement to pay for County infrastructure. 4. Seek additional traffic information from RLK regarding the traffic impacts of the arena and field house on the roads at off peak times. 5. Solicit letters of support from property owners adjacent to Hanson and Crosstown in the vicirllty of the project area. Councilmember Orttel stated the concept of this is the more real thing. He would like to get a conceptual approval of the concept of tax abatement, which apparently has never been done in Anoka County and they were told will not get done here, rather than expending all of the staff time and the effort in trying to get approval of something, if it is not possible to get it. Councilmember Trude asked ifhe has talked to the County board members and have they said they would not spend County money on County infrastructure that is in their Capital Improvement Plan. She stated she has had a couple of County Commissioners interested in that. Councilmember Trude discussed what was talked about between her and the County. She stated they will continue to lobby the County regarding this issue and she hoped they will get it and that the entire Council will be behind this. Councilmember Jacobson stated to some degree he does not believe they will get it but they owe it to themselves to at least try. Councilmember Trude stated she did some research and the signal light at Lifetime Fitness in Coon Rapids is about 920 to 930 feet from a County Road (Hanson and Northdale) and the County paid halffor the stop light. She thought Andover deserved at least what Coon Rapids, Blaine, Anoka, Ramsey and other cities are able to get. Councilmember Orttel stated the stop light was done for Cub Foods and that was located on a County Highway Regular Andover City Council Meeting Minutes - February 3, 2004 Page 15 were the County does pay half. He stated the YMCA has indicated they are willing to go forward with this the way it is. Mr. Erar stated staff is willing to commit whatever time is necessary. He thought they already had quite a bit of foundational information from RLK on the traffic studies they have conducted on the Community Center as well as the analysis of parking. He thought that in itself would generate an amazing amount of traffic. He stated RLK would need to update their traffic studies and they will work with Elùers and Associates. He stated Elùers and Associates would help them to figure out what amount would be needed for tax abatement. They would structure the application to say they would like the County to go in with them or will attempt to negotiate the obstacles they have heard ITOm the County. Motion carried unanimously. APPROVE NEW DEVELOPMENT CONTRACTSlDEVELOPER & CITY INSTALLED IMPROVEMENTS City Engineer Berkowitz explained this item is in regard to approving the development contracts for Developer & City installed improvements. Staff has created a development contract for the new developer installed improvements and revised the current development contract for City installed improvements to meet City requirements. Staff submitted draft copies to developers on January 14th & January 16th for review and written comment by January 23, 2004. No written comments have been received from the developers. The City Attorney has reviewed and approved the development contracts. Councilmember Jacobson stated he had this pulled for additional information and he has not had time to read through it. Mr. Erar stated the letter is connected to the lawsuit and his suggestion is to approve the revised development contract as presented on the agenda and then address the comments as they have not had time to discuss and review them. City Attorney Hawkins stated there is no rush to take a look at their comments because they do not have any development in the City at this time and he does not have any problem with them adopting it and amending it later if necessary. Councilmember Jacobson stated on page four of the developer's improvements contract, the last paragraph talks about the developer dedicating the City permanent easements. It says "for the installation of City improvements as determined by the City." Shouldn't it read "the installation of developer improvements..." Mr. Berkowitz stated there are two development contracts that need approval, the first is City installed improvements and the second is the developer improvements. This is the correct wording for this agreement. Councilmember Jacobson stated on the same page, in the middle it talks about street lights being installed by Connexus. Do they want to provide an alternative for competition or do they want to Regular Andover City Council Meeting Minutes - February 3, 2004 Page 16 stick with them. Mr. Berkowitz stated they have talked about this before and right now Connexus owns and maintains the lights and if they have someone else install the lights, it becomes very difficult to maintain them. Councilmember Jacobson asked where it states the developer must design to City standards. Mr. Berkowitz stated this would be on the fmal plans with his signature. Councilmember Jacobson stated on the development contract, page one, it says "developer installed urban improvements". If they are doing not on1y urban improvements but also rural plats, do they have any control in the contract if anything were to happen in the rural area other than just the urban area. Mr. Berkowitz stated the pressing issue is to get the installation of street and utilities development contract squared away because they have some developers who want to move forward and they will bring back a rural revision also. . Motion by Trude, seconded by Orttel, to approve the revised development contract for City Installed Improvements and approve the development contract for Developer Installed Improvements. Motion carried unanimously. SCHEDULE FEBRUARY CITY COUNCIL WORKSHOP Motion by Orttel, seconded by Knight, to schedule a City Council workshop for Tuesday, February 24, 2004 at 7:00 p.m. Motion carried unanimously. SCHEDULE BOARD OF REVIEW Motion by Trude, seconded by Knight, to schedule the Board of Review for Monday, April 19, 2004 at 7:00 p.m. and if necessary to continue the meeting to May, 4, 2004. Motion carried unanimously. RESCHEDULE MARCH 2,2004 COUNCIL MEETING City Administrator Erar explained precinct caucuses will be held on Tuesday, March 2, 2004, which is a regularly scheduled Council meeting date, Motion by Knight, seconded by Trude, to reschedule the March 2, 2004 meeting to Monday, March 1,2004. Motion carried unanimously. MAYOR/COUNCIL INPUT (State Representative Listening Session) - Mayor Gamache reminded the residents that there will be Regular Andover City Council Meeting Minutes - February 3, 2004 Page 17 a listening session with Representative Kathy Tinglestad at Coon Rapids City Hall, conference room 4 on Wednesday, February 11th from 7:00 to 8:00 p.m. (Bondingfor Lights) - Councilmember Knight asked if Mr. Dickinson found out ifbonding could be used for lights. Mr. Dickinson stated it could but the installation costs for the lights would be questionable. They could bond this through an equipment bond and this has to be supported by a levy. Mr. Erar stated they should see how the bids come in on the project. (Potential Lease with the YMCA) - Councilmember Jacobson asked for an update on the potential lease with the YMCA. He wondered if they could convince them to sign something more legal. Mr. Erar stated he did not believe there was any way the YMCA would agree to sign something more legal. They have already had a couple of meetings with the City Attorney who has prepared a couple of docurnents that are pretty extensive up to this point. He asked for Council comments and once they have done a fInal draft and before they send it out, they can email a draft copy to Councilmembers for review before they go to the YMCA and begin the negotiations. He stated a lot of this is boilerplate but there are some areas that will be subject to negotiations. Councilmember Trude wondered if they should have two agreements; one is the lease and then a second for operational agreements. City Attorney Hawkins stated he does not get into agreements and he is more concerned with financial aspects. Mr. Erar stated he would get together some operational policies. Councilmember Knight asked if there would need to be a three way lease agreement with the YMCA and the School District. Mr. Erar stated they would have a separate lease with the School District. Mr. Dickinson stated one thing that they need to do is to get a plan together to secure ice time at the ice arena. (Andover High School Book Club) - Councilmember Trude stated Andover High School wants to come to the next City Council meeting to talk about their book club and they would like a proclamation declaring "Read across Andover." week. (Development Activity behind 141") - Councilmember Orttel stated there was a woman at their last Council meeting who lives next to the townhomes going in on 14151 and she was talking about some tree cutting activity going on by the closed land fill. He made a comment regarding it and the owner called him and stated that every tree that was removed was mandated by the City and had nothing to do with a potential development. Mr, Berkowitz stated this was not true and they told the owner he did not have to clear all the trees. The owner told them he wanted to clear the trees for future land development. (Excellence in Financial Reporting Plaque) - Mayor Gamache stated it was his understanding that Mr. Dickinson received a Certificate of Achievement plaque for Excellence in Financial Reporting and he will be receiving a plaque. Mr. Dickinson stated most of the credit goes to Assistant Finance Regular Andover City Council Meeting Minutes - February 3, 2004 Page 18 Director Lee Brezinka and the fmance staff. He was involved in putting that together but the most extensive work was done by Mr. Brezinka and without him, they could not have pulled it off. (Public Works Department Recognition) Mr. Erar thought the City Council should also give recognition to the Public Works Department for all of the plowing and snow removal they have been doing. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 11:15 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - February 3, 2004 Page 19 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 3,2004 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE ..,......................................,...................,............."........................1 RESIDENT FORUM .................................................................".........".............,.............,........1 AGENDA APPROV AL ......,..............................................................................,.......................1 LEGISLATIVE UPDATE/STATE REPRESENTATIVE CHRIS DELAFOREST ..................2 PRESENTATION OF BUNKER HILLS PARK IMPROVEMENTS/ANOKA COUNTY PARKS DEP ARTMENT.......................................................................................................2 APPROVAL OF M1NUTES.....................................,.........................................,.......................4 CONSENT ITEMS Approve Payment of Claims.............,...........................................,.............,...,..................,..4 Approve Development Guidelines for PrivatelylPublicly Installed Improvements! Streets & Utilities ....................... ,........................ ..... ...... ............. ,.. ........... ......................4 Resolution R026-04 accepting Petition/Order Feasibility Report/04-9/Crosstown Meadows ..........................................................................................................................4 Resolution R027-04 approving Plans & Specsl04-4/2004 Seal Coating..............................4 Approve Classification & Sale of Forfeit Properties ...........................................................,4 Approve Raffie Permit/Anoka County Pheasants Forever ...................................................4 AWARD BID PACKAGE #lISTEEL AND PRE-CAST/SHOP DRAWINGS ANDOVER! YMCA COMMUNITY CENTER PROJECT Motion to award (Resolution R028-04).....,.....................................................................,.....4 AUTHORIZE ADVERTISE FOR BIDSIBID PACKAGE #2 - SITE WORK ANDOVER! YMCA COMMUNITY CENTER PROJECT Motion to authorize (Resolution 029-04) ..............................................................................5 APPROVE ANDOVER-YMCA COMMUNITY CENTER CONSTRUCTION PROJECT COST ALLOCATION PERCENTAGE FORMULA Motion to Approve .........................................................................,......................................6 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION AND PUBLIC HEARING/02-3I Motion to Open Public Hearing............................................................,................,..............,7 Motion to Close Public Hearing ............,..................................................................,............8 CONSIDER RElONING/R-l TO R-4/I5827 CROSSTOWN BOULEVARD, CONT. FROM 12/2/03 Motion to approve (Ordinance 282) ......................................................................................8 CONSIDER RElONING/R-l TO R-4/l5929 CROSSTOWN BOULEVARD FOR FIRE STATION #3 Motion to approve (Ordinance 283) ......................................................................................9 CONSIDER RElONING/R-l TO R-4/FOR PROPERTIES LOCATED AT 15773-15955 CROSSTOWN BOULEVARD Motion to approve (Ordinance 284) ......................................................................................9 CONSIDER SKETCH PLANIPROPERTY LOCATED AT 15773-15955 CROSSTOWN BOULEV ARD ........,................................,...........................,.........................,..................,....13 Regular Andover City Council Meeting Minutes - February 3, 2004 Page 20 Regular Andover City Council Meeting Minutes - February 3, 2004 Table of Contents Page ii CONSIDER TAX ABATEMENT PROJECT APPLICA nON Motion to draft application for abatement.............................................................................14 APPROVE NEW DEVELOPMENT CONTRACTSIDEVELOPER & CITY INSTALLED IMPROVEMENTS Motion to approve..................................................................................................................15 SCHEDULE FEBRUARY COUNCIL WORKSHOP ...............................................................16 SCHEDULE BOARD OF REVIEW ..,.....................................................................,..,..............17 RESCHEDULE MARCH 2, 2004 COUNCIL MEETING ........................................................17 MAYOR/COUNCIL INPUT State Representative Listening Session .............................,...................................................17 Bonding for Lights .................................................................................................................17 Potential Lease with the YMCA...............,............................................................................17 Andover High School Book Club..........................................................................................18 Development Activity behind 141 st ......................................................................................18 Excellence in Financial Reporting Plaque .............................................................................18 Public Works Department Recognition .................................................................................18 ADJOURNMENT ..........,...................,...............................,................,......................................18