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HomeMy WebLinkAboutSP April 15, 1987 " CITY of ANDOVER SPECIAL CITY COUNCIL MEETING - APRIL 15, 1987 - AGENDA 7:30 P.M. l. Call to order 2. Round Lake Boulevard/Bunker Lake Boulevard Access Plan 3. Hills of Bunker Lake Discussion 4. Staffing 5. LMC Conference/Registration 6. 7. Adjournment " CITY of ANDOVER SPECIAL CITY COUNCIL MEETING - APRIL 15, 1987 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jerry WindschitJ on Apri I 15, 1987, 7:30 p.m., at the Andover C it y Ha I I , 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Ell ing, Knight, Lachinski, Orttel Councilmen absent: None A]so present: City Attorney, WiIliam G. Hawkins: TKDA Engineers, John Davidson and John Rodeberg; City Engineering Technician, Todd Haas; City AdmInistrator/Engineer, James Schrantz; and others ROUND LAKE BOULEVARD/BUNKER LAKE BOULEVARD/ACCESS PLAN Council reviewed several proposa]s submitted by the county providing accesses to the proposed Downtown Shopping Center plus other accesses onto Round Lake Boulevard and Bunker Lake Boulevard in that vicinity. An opinion of some was the approaches to Bunker Lake Boulevard from the service road were overdesigned, that such construction wastes a lot of land and would destroy the bulldability of the parcels of property Involved. Counc i I also debated whether Quay Street and Bunker Lake Boulevard should be signalized or the easterly entrance to the shopping center as proposed. Due to the complexity of the Issue, it was agreed to hold this item until more time Is avalJable to discuss It. HILLS OF BUNKER LAKE DISCUSSION Jerry Green, Tony Emmerich, and Ron Sml th, developers of the H I I I s of Bunker Lake plat, were In attendance. M.. Green stated they are anxious to get Phase I of the plat f i I ed, but raised several points In the development contract that will require a Council decision. Counc i ] reviewed the various Items noted by the Staff regarding this plat. Attorney Hawkins stated the titJe opinion Is completed. Mr. Green stated they agree with the Park Board recommendation. Staff noted $3,000 has not yet been deposited for security to cover lega] , engineering, and street signs. Mr. Green stated they were not advised of that but agreed to deposit that security. Another point was the final soi I report had not yet been received by the City. Mr. Emmerich stated they were told they wou]d receive a letter from Surburban Engineering after the soils was done certifying the work. -.- Special Ci ty Counci 1 Meeting Apri I 15, 1987 - Minutes Page 2 (Hi1 Is of Bunker Lake Discussion, Continued) Mr. Rodeberg understood some of the peopJe In the field did not know the grade change had been made. In checking today on the second soils report, 13 lots are being looked at. Supposed]y it wi 11 take a few more days for that to be completed. He stated TKDA has not received the final report of the first soils report, only a preliminary report. Mr. Green stated they found there is peat about 16 feet deep south of the pond. It was originally thought to be four feet thick, but now they feel i t Is only 6 Inches deep and In other areas more, and affects only 9 lots. It will be a few days before that report Is done. He stated they wi]1 not ask for building permits on that until the final report is received. It has been recommended the most economical way to solve the peat problem is to design special foot I ngs for the houses that will be constructed there. Mr. Schrantz asked if the City wants to create lots that are not bu i I dab Ie. Mr. Emmerich stated they are buildable with corrections. Mr. Schrantz asked If those lots would be assessed. Mayor Windschitl stated when the assessment hearing is held, If the lots are buildable, they would be assessed. If they are not, the cost for those 9 lots would be spread out among the remaining lots In the plat until such time as those 9 were assessable. Counc I I agreed to Include in the development contract those lots that are unbuildabJe at the time of the assessment hearing would not be assessed, and the cost then spread among the remaining lots; and the developers also to agree they would not challenge such an assessment. Those specific lots would be listed in the contract, and the lots would remain unbulldable and buildings permits wouJd not be issued unti I Mr. Schrantz and TKDA are satisfied that they are buildable. Mr. Green, Mr. Emmerich and Mr. Smi th agreed. Mr. Davidson stated they have been advised by the PCA that they will require an Environmental Assessment Worksheet to be filed on this plat because of the number of lots. Construction cannot begin untlJ a permi t is received from the MPCA. Attorney Hawkins then noted there are two Issues that have not been resolved In the development contract. One, the City's policy requires a 15 percent cash escrow of the total cost of Improvements be deposi ted. The developers are asking that the City accept a one-year renewable Letter of Credit in lieu of a cash escrow. Secondly, the polIcy requires the assessments be paid when the Certificate of Occupancy Is issued. The developers are asking that the assessments not be paid until the closing takes place. Larry Johnson, Attorney for the developers, stated another question is the Issuance of the Certificate of Occupancy prior to completIon of al I of the on-site improvements. Counc I J noted they have required sewer and water to be installed, but not streets. SpecIal Ci ty CouncIl MeetIng Apri 1 15, 1987 - Minutes Page 3 (H III s of Bunker Lake DIscussion, Continued) Mr. Green had no troubJe with it if the intent Is occupancy permIts would be Issued even If the streets are not yet completed. He also stated they have been told if their internal lines are completed before the trunk lIne Is done, they would stIll be Issued occupancy permits even I f It required a holdIng tank. Mr. Schrantz thought this project would be completed before the trunk line Is comp]eted. He didn't think It would be a problem if about 20 houses were hooked up, even if the sewage had to be pumped and hauled away. Mr. Davidson revIewed the timetable of the various sections of this project, and agreed with Mr. Schrantz that If 20 homes were hooked up, the manhole at Coon Creek could be used as a holding tank In the interim until they make the crossing Into the trunk sewer. He stated they are makIng every effort to meet the developers' schedule for the Parade of Homes in September. Counc i I asked that both sectIons of the trunk line along Crosstown Boulevard and the creek be placed on the May 5 Agenda so they can be bid and begIn construction as soon as possible. Attorney Hawkins cautioned he has not received the Information needed to begin the right-of-way acquIsition for this project, whIch can be time consumIng and can delay the project. DiscussIon contInued on the problem of issuing occupancy permits before the internal system is hooked up to the trunk lIne, not i ng various methods of handling the sewage, paying for those costs, etc. A suggestion was that the development contract Include what will be used (eIther a holding tank or cesspool designed to a certain number of homes, or pumping). The contract would also place a I imi t on the number of occupancy permIts that wIll be Issued unti I the trunk lIne can be connected, and wi 11 specify who would pay for the addi tIonal costs. Discussion returned to the issue of when the assessments for a lot should be paid, recaJllng the reason the policy was changed to pay when the CertifIcate of Occupancy Is Issued Is because the City Is not always aware of the closing dates. Mr. Green explained the effect of the present policy is they must pay $10,000 to $12,000 out of their pocket before the property Is closed. He also stated no finance company is going to allow the mortgage without the special assessments being paid off. But a Certificate of Occupancy is needed to close on the property. He felt a way around it was to say the special assessments are not assumable, which would mean they would have to be paId before title Is transferred. DurIng the discussion it was determined that the pol icy is not always being followed by the staff In that the special assessments are not necessarily always collected when the Certificate of Occupancy is Issued. Special City Council Meeting Apri I 15, 1987 - Minutes Page 4 (HII Is of Bunker Lake Discussion, Continued) Attorney Hawkins suggested payment of the assessments must be paid within 30 days of the c]oslng, with the staff keeping a schedule of when they were due. Counc I I noted the In-house tracking will be much easier once the computer is operational. MOTION by Lachlnski, Seconded by Orttel, that we direct the attorney to amend the City's financing policy and the development contract language to allow for payment of special assessments within 30 days from the date that the Certificate of Occupancy Is Issued. Motion carried unanimously. Discussion was again on the requested change in the financing policy to allow a Letter of Credit, renewable every year, in lieu of a cash escrow in the amount of 15 percent of the estimated cost of Improvements. A concern on the part of the Counc i ] was that a Letter of Credit Is not as good as the cash escrow and Insuring the CIty can get the money If necessary. Also, the Letter of Credit would mean another date to track of to be sure the Letter does not expire. Councilman Knight wondered why this would be considered at this time when a simlllar request was denied another developer just last year. He was concerned about being consistent with all developers. Mr. Johnson suggested the timing for the Letter of Credit be set with a renewal date of September 1- If the renewal is not done by August 1 , the City could draw on the Letter. If the date was accldentaJly missed, the City would be able to accelerate the assessments and certi fy them a J I onto the October certification. Attorney Hawkins stated the City already has the right to do that under the contract. Mr. Green stated for them, there is about a four percent savings between the money they buy In a Letter of Credit versus what they can get on a certificate of deposit. It amounts to a savings of about $9,000 to $10,000 per year on that one Letter of Credit. Counc i I discussed various methods to protect the City so the funds could be collected If necessary and so the expiration date would not be overlooked by the City. Attorney Hawkins suggested If the Counc II is wlJ]ing to consider a change in the policy to allow a Letter of Credit, he would be satisfied with a demand Letter without conditIons that Is automaticaJly renewable unless the City Is notified 30 days before the expiration. The City would have the right to draw on the Letter unless the developers provide a substitute. It was then agreed the developers would see what the bank wi J 1 issue regarding the terms the City is considering on a Letter of Credit and to discuss It again when the f i na 1 plat of Phase I will be considered. The Counc 11 and developers agreed to place this on the April 21 agenda to consider these items and the final plat of Phase 1. Special CI ty Counci I Meeting Apri I 15, 1987 - Minutes Page 5 HILLS OF BUNKER LAKE/TRAILER MOTION by Orttel, Seconded by Lachlnski, that we approve the mobile home as a construction and construction sales office for the HI I]s of Bunker Lake for a period of up to 180 days per phase maximum. Motion carried unanimously. Counc i 1 recessed at 9:25: reconvened at 9:40 p.m. ANOKA COUNTY HIGHWAY DEPARTMENT/HANSON BOULEVARD County Commlssloneer Natalie Haas-Steffen represented the county and noted a proposal in an April 14, 1987, letter where the City would complete the right of way acquisition, the county would designate the portion of the road along Ward Lake Drive as a county MSA road In exchange for giving a portion of Crosstown Boulevard and Nightengale to the City, and the county would contribute a portion of the easement acquisition costs. She stated this is simply a proposal after discussing this with Paul Ruud and has not been approved by anyone at the county. Counc i I discussion was that with the construction of the elementary school just south of the City Hal], It Is apparent that Crosstown Boulevard will become one of the main roads through the City. Crosstown Boulevard Is being Improved from Constance north by the county, and there are also plans to improve It from Coon Creek south al I the way to Coon Rapids. The Mayor pointed out If the portion of Crosstown between Coon Creek and Constance Is given to the City, I t wou]d be the City's responsibility to improve it, which wou]d be very expensive. Mayor WI ndsch I t I suggested possibly a better agreement would be to get an agreement to complete Crosstown Boulevard in a reasonable time frame, hopefu II y Including bike lanes. Commissioner Haas-Steffen didn't believe It was within their 3-year plan which was just approved and she couldn't remember If that was In the 5-year pIan, but she suggested the City make that request In writing for county consideration. Discussion continued on the county proposal versus continuing to obtain the easements for the Hanson Boulevard extension and funding the costs which cannot be paid for from MSA funds by assessing. And anything that could not be assessed would have to come from the General Fund. There was a suggestion of possibly designating that portion of the project along Ward Lake Drive as an MSA street, which would also require extending that designation westward to County Road 9. Then MSA funds could be used to acquire all the right of way for the proj ect. Special Ci ty CouncIl Meet! ng AprIl 15, 1987 - Minutes Page 6 (Anoka County Highway Department/Hanson Boulevard) A majority fInally agreed that In the long run, It would be to the CIty's advantage to fund the Hanson Boulevard project even if it Is necessary to float a bond issue and raIse the mill levy to service that bond and to let the county continue its desIgnatIon on Crosstown Boulevard. Staff was also asked to write the county requestIng an upgrading of Crosstown from Coon Creek to Constance Boulevard as soon as possible. CommissIoner Haas-Steffen stated she would do whatever she could on that matter. DiscussIon was on the possibilItIes of fundIng the costs the CIty wIll incur In this project. though no decision was made on the matter. CouncIlman KnIght dId raIse the concern that should a bond Issue be needed, the mi II rate would be raIsed so everyone in the City would be paying for that one-half mIle of the road along Ward Lake Drive. He stated that is a change In polIcy and one he objected to. MOTION by Orttel, Seconded by Lachlnskl, thanking the county for the I r offer, but no thanks, and leave the other issue before us (fundIng for the Hanson Boulevard project) for another tIme. Motl on carried on a 4-Yes, i-Present ( Kn i gh t) vote. MUSA BOUNDARY UPDATE Mr. DavIdson explained they have been meetIng with the MetropolItan Counc 11 staff on the expanded MUSA boundary. He revIewed the map of the proposed boundary changes. The Me t Counc i I staff noted some errors in the present boundary that the City had already sewered but which had not been approved by the Metropolitan Council. And they were upset that they were not Informed at the tIme those sewer projects were beIng consIdered. To take care of the school property, the Met Counc i I staff would concede that the route along the trunk could be served In a ] iml ted way. Mr. DavIdson stated there are areas that could be taken out of the urban service boundary if It is a matter of mItigating; however, that Is not the issue at thIs time. As of yesterday, the Me t Counc I ] staff called thinking If the expanded boundary could be pulled back to the orignal]y agreed defined line plus the corrections, that It could be expedited by the MetropolItan Council. Mr. Davidson presented a map of that urban service boundary. The only stIpulatIon Is they want put In the resolution that the Ci ty wIll not assess outside of the year 2000 boundary un t i I that boundary is adjusted. Mr. Davidson also noted the assessments would be about $80,000 to $90,000 short of meeting the estImated costs of the north line if only the shaded area Is assessed. However, It Is expected property outsIde the shaded area will develop during the term of the bond, at whIch time the City would again request an expansion to the MUSA boundary. Special Ci ty Counci 1 Meet I ng Apri I 15, 1987 - Minutes Page 7 (MUSA Update, Continued) MOTION by Orttel, Seconded by Lachlnskl, that the Counc i I approve the proposed changes to the MUSA boundary as presented by TKDA. Motion carried unanimously. MISCELLANEOUS ENGINEERING ITEMS MOTION by Orttel, Seconded by Lachinskl, that TKDA be directed to prepare an amendment to the Comprehensive Plan Transportation section regarding the County State Aid relocation from 139th south through the wetlands. Motion carried unanimously. Mr. Davidson stated they have met with the DNR regarding the Environmental Assessment Worksheet for the Crosstown Boulevard relocation project. The DNR wants the background of the project and why this location was chosen over the other proposals. The DNR also prefers having a bridge over the wetlands between 139th and Bunker Lake Boulevard. The size and type has not yet been agreed too, but they are reviewing the various alternatives for Council consideration. Mr. Davidson stated they are also investigating the design of the 139th and Crosstown intersection. They will also want to do another investigation of Andover Boulevard at County Road 18 at the bridge. Hp. 10.'11 I be letting the Council know what I t loll I I cost to do these additional studies. Then they would like to discuss the detailed design with the County. Mayor Windschitl related he has heard that the wetland area between 139th and Bunker Lake Boulevard was farmed at one time, stating the wetlands was basically created when the City diverted storm drainage to it. He 10.'111 be gathering that background Information. Counc II raised the concern that the tax forfeit property south of 139th where Crosstown would be realigned has not yet been acquired by the City. The staff was directed to proceed with that item. Mr. Davidson also discussed the Issue of assessing for utilities in multiple plats as to whether a front-footage or unit basis shouJd be used, the advantages and difficulties of each method, and pointed out the problem areas. Counc i I thought the poJlcy was flexible to be fair In each subdivision. City parks In established neighborhoods are assessed as stated in the policy. It was also generally agreed the neighborhoods should be treated separately and the unit method used If it is the most feasible. It was agreed to have a separate meeting on the issues of SAC reimbursement and the Woodland Terrace assessments. SpecIal CI ty CouncIl Meeting AprI I 15, 1987 - MInutes Page 8 STAFFING MOTION by LachinskI, Seconded by Knight, that we hIre Don Anderson (as Building Inspector) for a salary of $11.50 per hour. Motion carrIed unanimously. Counc I I also agreed Mr. Anderson would use hIs own car and be reimbursed for mIleage. LMC CONFERENCE/REGISTRATION MOTION by LachInski, Seconded by Orttel, that the Councilmembers including the Mayor and up to two staff members be allowed to go to the LMC Conference and direct the AdmInistrator to make the proper regIstration for those who would lIke to attend. Mot! on carr i ed unanimously. Counc i ] then went into closed sessIon with the City Attorney regarding the Hay lawsuit. 11 :25 p.m. The special meeting resumed at 11:45 p.m. NEW FIRE STATION PROPOSAL Councilman EJIIng asked for authorIzatIon for up to $1,000 to have BRA do some conceptuaJ plans for the desIgn of the new fIre statIons. MOTION by Lachinski, Seconded by Elling, that we authorize Bonestroo, Rosene and Anderlik up to $1,000 for conceptual drawings and costs for the Fire Department stations. Moti on carr I ed unanimously. SITE Q DISCUSSION Councilman Elling reported personnel from Andover and Coon Rapids have met with Charlie Weaver and a representative from Hickok about the cities' thoughts for opposing the SIte Q landfI II site. Mr. Weaver and the Hickok firm will be coming back with cost estimates for their services. No Counc i 1 actIon was needed. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carrIed unanimously. Meeting adjourned at 11:50 p.m. 'f\Respect fu I I ysubmi t t~ 'f\~~ I 1 \. . L. f \...---- '. Marè~a A. Peach Recor ng Secretary