HomeMy WebLinkAboutCC September 2, 1986
CITY of ANDOVER
REGULAR CITY COUNCIL MEETING-SEPTEMBER 2, 1986-AGENDA
7:30 P.M. 1. Call to order
2. Resident Forum
3. Agenda Approval
4. Continued Public Hearing/Tax Increment Financing
5. Discussion Items
a. Indian Meadows 2nd Addition preliminary Plat
b. Hills of Bunker Lake Sketch Plan
c. Gordon Clemens Sketch Plan
d. Anoka/Andover Drainage Agreement
e. Red Oaks Park Activities/Noise
f. Police Report/Speeding/139th Avenue
g. Conroy Assessment Split, Cont.
h.
6 . Non-Discussion Items
a. Receive Budget
b. Award Bid/Projects 86-7 and 86-12
c. Set Assessment Hearings/86-1~ 86-2, 86-3,
86-4, 86-6, 86-9, 86-10, 86-12, 85-16
d.
9:30 P.M. Closed Meeting W/Attorney
10:00 P.M. Dehn's Pond, Cont.
7 . Staff, Commission, Committee
a. Inclement Weather Policy
b. Fire Department Equipment Van Bids
c. Agenda Rules
d. Street Specifications
e. Coon Rapids Joint Powers Agreement
8 . Approval of Claims
9 . Approval of Minutes
10. Adjournment
CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - SEPTEMBER 2, 1986
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order
by Mayor Jerry Windschit1 on September 2, 1986, 7:32 p.m., at the Andover City
Hall, 1685 Crosstown Boulevard NW. Andover, Minnesota.
Councilmen present: Elling, Kni 9ht, Lachinski, Orttel
Councilmen absent: None
Also present: City Attorney, William G. Hawkins; City Engineer/
Administrator; James Schrantz; and others
RES !DENT FORUM
Pastor Tim Reay - stated they are starting a new church in the City and asked
to use the City Hall facilities until they can construct their own building.
Council generally had no problem with the request, directing the staff to
research the lease agreement signed when the City Hall was rented previously.
AGENDA APPROVAL
MOTION by Knight, Seconded by Elling, to move the Agenda as presented. Moti on
carried unanimously.
CONTINUED PUBLIC HEARING/TAX INCREMENT FINANCING - SHOPPING CENTER SITE
Jim Casserly, Miller & Schroeder Financial, Inc. - explained the bond amount
noted ln the p1annlng document, $1,300,000, represents the maximum amount the
City could ever bond for. For the agreement with Andover Limi.ted ,Partnèrship,
the amount up to $900,000 is what had been talked about that the City would
invest in the project. The exact amount of the bond that will be needed for this
project is not known because it is not known what the interest rates will be
when the bond is sold.
Mayor Windschitl stated there is a request from Lary Carlson to inc1udelhis
commercial property in the tax increment financing district, which is located
just south and east of the shopping center site.
Sylvia Britton, representing Mr. Carlson - stated they anticipate development
õf that parcel wlthln two to three years. Mr. Casserly stated that parcel
could be included, but the City can continue to add parcels as development takes
place. Usually the property is not plated in the district until it is certain
development will take place.
Ms. Britton - stated in that case, they would prefer to wait and add their parcel
to the dlstrict when development is more eminent. '
Mr. Casserly then reviewed the changes made to the documents as directed by the
Council at the August 21 hearing and those items he felt should be clarified:
1) The legals have been corrected. 2) Page 5, Oefinition of "Tax Increment
District" means Tax Increment Financing District No. 1-2 created ... 3) Page 6,
(f), second to last line, delete the word "unforeseeable". 4) Page 18, Section 6.5.
Guaranty, line 5, change to read: "...in Section 6.1(i) and (ii) and the amount
of tax increments resulting from the Redeveloped property." De lete "and other
revenue available to pay the costs in Section 6.1(i) and (ii) as well as the".
Continue, "The Parties also agree to guaranty the amount of loan repayments as
provided for in Section 6.4..."
Regular City Council Meeting
September 2, 1986 - Minutes
Page 2
(Continued Public Hearing/Tax Increment Financing - Shopping Center Site)
Counci 1 then discussed the sunset clause in the contract, especially the definiti on
of "Corrrnencement of Construction" as noted on Page 3, Definitions. Coun ci 1
generally wanted the definition to mean construction will actually begin by
~1ay 1, 1987.
After discussions with Mr. Casserly, Mr. Wickert, and Attorney Hawkins, it was
agreed the definition should read: "Commencement of Constructi on" means starting
physical implementation of the Construction Plans by the Redeveloper, as certified
by a registered architect.
MOTION by Elling, Seconded by Knight, introducing a Resolution mOdifying by
enlargement Development District No.1, modifying by redesignation Tax Increment
Financing District No.1 and establishing and designating Tax Increment Financing
District No. 1-2 and approving and adopting a modified Development Program,
modified Tax Increment Financing Plan and a proposed Tax Increment Financing Plan
relating thereto as proposed, subject to the bond counsel approval of those changes
made this evening. (See Resolution R137-86) Motion carried unanimously.
MOTION by Orttel, Seconded by Elling, directing staff to prepare a resolution
for approving the contract for private redevelopment by and between the City of
Andover, Minnesota, and the Andover Limited Partnership, and the security agreements
along with it; and authorize the Mayor and Clerk to execute the agreement as
amended. (See Resolution R138-86) Motion carried:unanimous ly.
INDIAN MEADOWS 2NO ADDITION PRELIMINARY PLAT
Planning and Zoning Chairman Don Jacobson reviewed the Planning Commission's
recommendation to approve the preliminary plat of Indian Meadows. He pointed out
that in their motion, Item 4 a) should read "Lots 1 and 2 from the frontage
requirements... " The Commission also felt it is in the best interest of planning
for future development that right of way be taken for 149th going west to Seventh
Avenue. For that reason, all four of the lots are below the 2~-acre minimum
requirement. The public input was mainly on the concern of three versus four
lots from this parcel.
Council agreed the right of way for 149th should all be dedicated as street right
of way going west toward Seventh Avenue as far as possible.
MOTION by Orttel, Seconded by Lachinski, a Resolution approving the Preliminary
Plat of Indian Meadows 2nd Addition being developed by New Generation Homes
(Programmed Land, Inc), in Section 19-32-24 and Section 30-32-24 as prepared with
the following changes: To the NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Andover to hereby approve the preliminary plat of Indian Meadows
2nd Addition subject to the following variances being granted: that under No.1,
it would be Lots 1 and 2 from the frontage requirements; and under the BE IT
FURTHER RESOLVED that the following items must be completed or provided: Item 3
be added, stating that the City receive a deed for this property's proportionate
share of parkland in the area. (See Resolution R139-86) Moti on carried
unanimous 1y.
HILLS OF BUNKER LAKE SKETCH PLAN
Developers Jerry Green, Tony Emmerich, and Ron SMith - reviewed the proposed
plat of Hills of Bunker Lake located in the vicinlty of the northeast corner of
Bunker Lake Boulevard and Hanson Boulevard. It is about 295 acres with 535 lots,
or 1.81 lots per acre.
Regular City Council Meeting
September 2, 1986 - Minutes
Page 3
(Hills of Bunker Lake Sketch Plan, Continued)
The main problems raised by the Council were the large number of cul de sacs
and lack of a logical street pattern, the lowland being proposed for park dedication,
and the amount of commercial area left.
Noting the Council's and staff's concerns over the number of cu1 de sacs and street
pattern through the plat, Mr. Green stated they have revised the layout somewhat
so a street comes in off Hanson Boulevard and exits onto Bunker Lake Boulevard
west of the railroad tracks. The developers explained the reason for the cul de
sacs is that it is the most desirable parcels of potential buyers. They also
designed the roadway along the ridges of the land and plan to construct many
walkout homes, which are also desirable to buyers. Another concern was not
creating a speedway through the development, which is why the bends and curves
were designed in the plat.
The developers felt that this plan maintains the natural amenities of the property.
They showed a color-coded plan indicating which areas they think will be first,
second and third choice lots in the development; and it is their desire to
maintain a high percentage of first choice lots, realizing they have commercial
property that first choice lots wi 11 not abut, they have the railroad tracks to
contend with, and Coon Creek of which they have designated a large part of the
creek frontage to be park. They are way over the 10 percent dedication required
for park dedication, indicating parks they think would provide natural walkways,
neighborhood parks, etc. There are two 20-foot pathways along the rai lroad tracks
that will connect from Bunker Lake to the area by Coon Creek. In the center area,
the intent is to dredge part of it to make a pond to create a very usable park
area around the pond. The developers envisioned the two interior parks as finished
parks and the creek area as a; nature area.
One point raised by the Council was the possible safety problem of the paths
a long the railroad tracks, though it was a lso pointed out that without the paths,
the chi ldren may walk or ride on the tracks themselves. Another suggestion was
to make one of the pathways wider to allow the City to get vehicles to the parks
for maintenance.
Mr. Green also stated the two small lots off Bunker Lake Boulevard would be the
main entrance to the development and would have the name of the development, water
pumps spraying water, etc.
Mayor Windschitl thought those at the School District would still like to work
with part of this site, possibly in the northwest corner of the plat. The
Council has talked about the possibility of trying to work a combination park/
school site where there would be a fully developed park along with a school on 15
to 20 acres total. Mr. Green stated this is the first he has heard of such a
proposal and was not in a position to give an opinion on it.
After further di scuss ion on the item, it was agreed the deve 1 opers, the Park
Board and those from the School District should have a joint meeting on the
suggestion.
Mr. Green also noted there is another 6\-acre tract directly east of Mr. Clemens'
property that they do not own yet, but it is shown in the plat. It is their intent
to purchase it, but to date they do not have it under contract.
Mayor Windschitl noted some time ago the Council took the position of wanting a
330-foot strip of commercial property along Hanson Boulevard from Bunker Lake
Boulevard to the creek as minimum commercial area. The developers indicated
they had anticipated leaving several acres just north of Mr. Clemens' property for
a neighborhood business, anticipating some type of strip development.
Regular City Council Meeting
September 2, 1986 - Minutes
Page 4
(Hills of Bunker Lake Sketch Plan, Continued)
Gordon Clemens - stated he owns about six acres on the very northeast corner of
Bunker Lake and Hanson Boulevards and would like to leave that land commercial.
He anticipated development within six or seven months, probably with some type
of Speedy Market type facility.
Mr. Green felt 330 feet is quite wide for a commercial strip. Mayor Windschitl
felt the idea was to create an industrial park type development, and that a
concern has been raised that much of the commercial property in the City is being
eliminated.
In general the Council recommended fewer cul de sacs in the plat, especially in
the northwestern area, although the intent is not to destroy the concept of using
the natural terrain but to maintain as much of the natural vegetation as
possible. The developers were asked to work with the City Engineer on a street
pattern. Council also noted the possibility of needing property for a pumphouse
and a third well, estimating it would be less than an acre and would also be
credited for park dedication.
The possibility of sidewalks or frontage road was brought up for consideration,
though no specific direction was given. Before a decision is made on the amount
of commercial property desired, it was agreed to see what evolves regarding a
school site on the property. Mayor Windschitl agreed to set up a meeting between
the Park Board, representatives of the School District, and the developers.
GORDEN CLEMENS SKETCH PLAN
Mr. Clemens asked to have the item tabled. Council agreed.
ANOKA/ANDOVER DRAINAGE AGREEMENT
Mr. Schrantz stated he does not have the agreement yet. He talked with Paul
Ruud of Anoka County today, who was going to check into how much the County
could contribute toward the storm drainage project.
Mayor Windschitl explained it appears the County road project may get started
before the City can begin the storm drainage pipe project. The advantage to
that may be if the County moves all the dirt through the cut. But if it can be
tied to the County project, it might proceed faster. He also explained one of
the problems is the amount of buildable property that could be assessed for the
project is about half of what was originally estimated.
No action was taken on this item, noting a closed meeting this evening with the
attorneys on a related matter.
RED OAKS PARK ACTIVITIES/NOISE
Mr. and Mrs. Daniel Rennaker, Raven Street - stated he was the person who talked
to the Councll about this problem two weeks ago. On Sunday he called the police
around 11 o'clock. The deputy came in about ten minutes, talked to the kids,
and drove away. The kids were out there for another 20 minutes, which he
interpreted as a lack of concern about that problem. He would be in favor of a
light in the parking lot because he would then be able to see who is out there,
get license plate numbers, etc. It is also annoying because they can hear every
word said by those in the park while they are trying to sleep at night. He also
felt those using the park are not from the Red Oaks neighborhood.
Regu 1 ar City Council Meeting
September 2, 1986 - Minutes
Page 5
(Red Oaks Park Activites/Noise, Continued)
Council discussion with the Rennaker's was on whether installing a light would
help the situation or in fact make it worse, on the possibility of closing off
the parking lot but noting Public Works uses it as a turnaround when plowing
snow, and on posting park hours and enforcing the curfew.
Deputies Scott Bechthold and Steve Johnson arrived. Deputy Bechthold didn't
think a light would be effective for solving the problem in the Red Oaks park.
If they don't get any complaints, they don't know what the problem is. He works
the night shift and hasn't received that many complaints about it, receiving
on1y,oo€ ca 11 in the past two weeks.
Mr. Rennaker - stated the call was the one he made on Sunday, again explaintngcthe
klds walted 20 minutes after the deputy talked to them before leaving. He ha9
contact the police, but asked what good does it do. He also felt the hours the
park is open are too late.
Deputy Bechthold explained they have been enforcing the curfew ordinance. In the
instance he responded to in the park, it was before 11 o'clock closing on the park
and it was a couple 19-year-olds having a pizza. He asked them to quiet down.
But he thought a light might attract more kids to the park at night. He encoar¡¡ged
the residents to call the police whenever there is a problem so they are aware of
the situation.
There was some discussion on the park hours, with Deputy Bechthold agreeing with
the recommendation to close the park at 10 o'clock and posting it. He a 1 s 0
suggested the park hours be changed to close at 10 o'clock for Auditor's Sub. 82
as well.
Rosella Sonsteby - stated she noted a year ago that having all these little parks
ìn the Clty are a nuisance. She felt there should be larger parks in different
areas and get away from having all the little parks.
MOTION by Orttel, Seconded by Lachinski, recommend to the Park Board that the
nondeve10ped parks or those parks without lighting be closed at 10 o'clock and
posted. Motion carried unanimously.
MOTION by Orttel, Seconded by Knight, that the Red Oaks West park be posted for
10 o'clock closing. Motion carried unanimously. Deputy Bechthold stated he
will swing by that park as part of his patrol starting now.
Attorney Hawkins noted the closing time may be set by ordinance, which would
require an ordinance change. Council directed the staff to research the proper
procedure for changing the closing time of parks.
POLICE REPORT/SPEEDING/139TH AVENUE
Council noted the report from ITe¡uÜy Steve Johnson which indicated he did not find
a problem along that street.
Debbie Kascht, 139th - definitely felt the ~eputy is wrong. She stated the deputy
lS there for only a short time but doesn't see the high speeds at which cars are
traveling down that street when school gets out or late at night. She stated it
definitely is a problem and is an on-going one.
Deputy Johnson reviewed his report, noting in his opinion things slowed down after
they set up their stationary radar last May. Since that time he didn't recall
getting any complaints of speeding vehicles. The Red Oaks Addition is patrolled
by him with more frequency than some of the other neighborhoods in the City. If
there is a problem, he's willing to set up radar again.
Regular City Council Meeting
September 2, 1986 - Minutes
Page 6
(Police Report/Speeding/139th Avenue, Continued)
Council discussed the problem with Ms. Kascht and Deputy Johnson, and it was
agreed the deputies will run radar in that area for the next two weeks and provide
an update for the September 16 meeting.
AWARD BID/PROJECTS 86-7 AND 86-12
Because all the information had not been received from the developer to finalize
the Nightengale Estates 3rd Addition plat, it was agreed to table the bids for
Project 86-12.
MOTION by Elling, Seconded by Orttel, a Resolution accepting bids and awarding
contract for the improvement of Project No. 86-7 for Street Construction in the
area of 164th Lane east of Round Lake Boulevard as presented. (See Resolution
R140-86) DISCUSSION: Council recognized there may be one assessment unit less
than estimated in the feasibility report, which would have a material affect on
the cost to the other units. No consensus was reached on the assessability of
the lot abutting Round Lake Boulevard which closed off its driveway to 164th. It
was felt, however, that the other lot abutting Round Lake Boulevard' which has a
garage facing 164th is receiving benefit and should be assessed. Motion carried
unanimously.
Council recessed to meet in closed session with the Attorneys regarding the
Sonsteby lawsuit. 9:50. Council reconvened at 10:20 p.m.
DEHN'S POND, CONTINUED
MOTION by Orttel, Seconded by Lachinski, that we direct the City Administrator to
meet with the City Attorney regarding the possibilities for contributions to the
Dehn's area drainage project from Projects 80-3 and 83-3 as to what amounts may
be available; and that the City Administrator and the City Attorney meet with
Good Value Homes regarding their participation in the costs of the project
including the cost of an outlet from the County pond to the pipe area along the
new County highway; and that the City Administrator meet with the County Engineer
regarding the contribution from Anoka County toward the completion of the project.
Motion carried unanimously.
Council agreed to carry the item to the September 16 regular meeting, noting
once the costs and potential assessments are known, the residents will be informed
and the pUblic hearing continued.
CONROY ASSESSMENT SPLIT
Council asked that the split of the property done by the County be drawn to scale
to see how it relates to the remainder of the lot and the proposal to reroute
Crosstown Boulevard through it. It was suggested that at this point the 80-foot
parcel is actually a new commercial lot and therefore should have a full assessment
on it. It was also noted the commercial and residential zoning of the parcel
complicates things.
Council again questioned the County's authority to split off the parcel by subverting
the City's Lot Split Ordinance, asking the Attorney to research that further before
making a decision on the assessments.
MOTION by Knight, Seconded by Elling, that we table this and let Bill (Hawkins)
check into the matter. Motion carried unanimously.
Regular City Council Meeting
September 2, 1986 - Minutes
Page 7
RECEIVE BUDGET
MOTION by Orttel, Seconded by Lachinski, that we set a budget meeting for
September 23,7:30 at the City Hall. Motion carried unanimously.
SET ASSESSMENT HEARINGS/86-1, 86-2, 86-3, 86-4, 86-6, 86-9, 86-10, 86-12, 85-16
Concern was raised as to whether or not the assessments will be recovered from
some of the lots in the Creekridge Estates plat and that the 15 percent escrow
will not cover all the delinquent assessments, noting the problems with this plat
regarding fill that had not been compacted. Staff was directed to determine which
lots are buildable and unbuildable prior to preparing the roll, and provide
supporting data for the hearing.
MOTION by Elling, Seconded by Knight, a Resolution declaring cost, directing
preparation of assessment roll and setting date for assessment public hearing for
the improvement of watermain, sanitary sewer, storm drainage, and bituminous
street construction for Project No. 86-1, Creek Ridge Estates, setting the public
hearing for 7:30 p.m., October 2, 1986. (See Resolution R141-86) M~ioo
carried unanimously.
MOTION by Knight, Seconded by Elling, a Resolution declaring cost, directing
preparation of assessment roll and setting date for assessment public hearing
for the improvement of sanitary sewer, storm drainage, and bituminous street
construction for Project No. 86-2, Smith's Green Acres for October 2. (See
Resolution R142-86) Motion carried unanimously.
MOTION by Elling, Seconded by Knight, a Resolution declaring preparation of
assessment roll and setting date for assessment public hearing for the improvement
of watermain, sanitary sewer, storm drainage, and bituminous street construction
for Project 86-4, Hidden Creek for October 2. (See Resolution R143-86) Motion
carried unanimously.
MOTION by Ortte1, Seconded by Elling, a Resolution declaring cost, directing
preparation of assessment roll and setting date for assessment public hearing for
the improvement of watermain, sanitary sewer, storm drainage, and bituminous
street construction for Project 86-6, Hidden Creek 2nd Addition for October 2.
(See Resolution Rl44-86) Motion carried unanimously.
MOTION by Ortte1, Seconded by Elling, a Resolution declaring costs, directing
preparation of assessment roll and setting date for assessment public hearing
for the improvement of bituminous street construction for Project No. 86-7, 164th
Lane east of Round Lake Boulevard for October 2. (See Resolution R145-86)
Motion carried unanimously.
MOTION by Orttel, Seconded by Elling, a Resolution declaring cost, directing
preparation of assessment roll and setting date for assessment public hearing for
the improvement of watermain, sanitary sewer, storm drainage, and bituminous
street construction of Project 86-9, Woodland Terrace 4th Addition, Lily Street,
Round Lake Boulevard, 133rd Lane and 145th Avenue for October 2. (See
Resolution R146-86) Motion carried unanimously.
MOTION by Elling, Seconded by Knight, a Resolution declaring cost, directing
preparation of assessment roll and setting date for assessment public hearing
for the improvement of watermain, sanitary sewer, storm drainage, and bituminous
street construction for Project No. 86-10, Hidden Creek 3rd Addition for
October 2. (See Resolution R147-86) Motion carried unanimously.
Regular City Council Meeting
September 2, 1986 - Minutes
Page 8
(Set Assessment Hearings, Continued)
MOTION by Orttel, Seconded by Elling, a Resolution declaring cost, directing
preparation of assessment roll and setting date for assessment public hearing
for the improvement of bituminous street construction for Project No. 86-12,
154th Lane and Nightingale Estates 3rd Addition for October 2. (See Resolution
R148-86) r1otion carried unanimously.
MOTION by Knight, Seconded by Elling, a Resolution declaring cost, directing
preparation of assessment roll and setting date for assessment public hearing
for the improvement of watermain and sanitary sewer constructilon for Project
No. 85-16 west of Round Lake Boulevard north of South Coon Creek Drive for
October 2. (See Resolution R149-86) DISCUSSION: Council directed that the figures
reflect that the Sipes have already paid their assessment, which reduces the
City's share to $24,071 and the cost to be assessed against benefitted property
owners to be $11,920. Motion carried unanimously.
Council agreed to table the Resolution directing preparation of the assessment
roll for Project 86-3 until the bid has been received on the project.
INCLEMENT WEATHER POLICY
MOTION by Elling, Seconded by Knight, to adopt Policy No. 16 - Inclement Weather
clause as presented. Motion carried unanimously.
AGENDA RULES
MOTION by Elling, Seconded by Knight, an Ordinance amending Ordinance No. 66,
an Ordinance establishing rules for the organization and procedure for the City
Council as presented. Motion carried unanimously.
STREET SPECIFICATIONS
Because there were several items of concern over the specifications presented
and items the Engineer stated should be deleted, it was agreed to table this
item to allow the Engineer to make the changes.
COON RAPIDS JOINT POWERS AGREEMENT
MOTION by Elling, Seconded by Lachinski, that we have a Joint Meeting with Coon
Raplds at the Coon Rapids City Hall at 7:30 on the 8th of September to discuss
the joint storm sewer water projects. Motion carried unanimously.
APPROVAL OF CLAIMS
MOTION by Elling, Seconded by Knight, that we approve Checks No. 11519 through
11589 for a total sum of $633,323.74. Motion carried unanimously.
MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously.
Meeting adjourned at 11:40 p.m.
Respectfully submitted,