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HomeMy WebLinkAboutCC April 5, 1988 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 5, 1988 - AGENDA 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Public Hearing - Vacation of Easement/Oak Bluff 5. Discussion Items a. Brandon's Lakeview Estates Preliminary plat b. Northwestern Bell Telephone Special Use Permit c. City of Coon Rapids Special Use Permit d. Good Value Homes Rezoning e. DNa Flood Damage Reduction Grant f. Commercial Property/Assessments for Water g. Hills of Bunker Lake Final Plat h. Crosstown Boulevard/DHR Wetland Crossing i. Tonsan j. 9:00 P.M. Closed Meeting w/Attorney 6. Staff, Committee, Commission a. Community Service Officers b. Ordinance 55 Amendment c. Assessment Abatement d. Fire Department e. Street Lighting/Rural Residential Plats f. Hire Engineering Secretary g- Lot Standards h. Purchase Hoist for Mechanic's Area i. Purchase Cracksealinq Material j. Award Bids/Trailers, Garages, Sheds k. Commercial Park Marketing Discussion 1. Anoka Electric Agreement m. 7. Non-Discussion Items a. Receive Petition/Oak Bluff b. EAW Hidden Creek East c. Hidden Creek East Phase I/EPA Buffer Area d. 88-4 Round Lake Boulevard Feasibility Report e. 88-7 Brandon's Lakeview Estates Feasibility Report f. 87-11B Revised Storm Sewer g. 87-6/87-6B Commercial Park Change Orders/Storm Sewer h. 87-32 Winslow Hills/Approve Plans and Specs i. 87-27 Award Contract/Woodland Creek j. 87-8 Final Payment/Kensington Estates k. Order Feasibility Report/Old Colony Estates 1. Schedule Work Session 4/12/88 m. 8. Approval of Minutes 9. Approval of Claims 10. Adjournment ~..o"~~ ~' .4/ " 9" CITY of ANDOVER \ :) ~ 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100 ! ',-">--.:..,,f"·· REGULAR CITY COUNCIL MEETING - APRIL 5, 1988 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Wlndschltl on Aprl I 5, 1988, 7:30 p.m., at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover. MInnesota Councilmen present: Apel, Elling, Knight, Orttel Councilmen absent: None Also present: City Attorney. WIllIam G. HawkIns; TKDA EngIneer, John Rodeberg; CIty EngineerIng TechnicIan, Todd Haas; City Planner, Daryl Morey; CIty AdmInistrator, James Schrantz; and others RESIDENT FORUM Peter Rauen. 4110 147th Lane NW - presented a letter and pictures, asking for Council assistance In curtaIling the constructIon of any more outbul]dings on the WIcklund property, 4180 147th Lane, west of hIs property. There are currently three outbuildings on that property, one which is approximately 12 feet away from his property line. Plus there is a considerable amount of construction debrIs on hIs property resulting from the one bui]dlng. Mr. Rauen understood Mr. Wicklund has applIed for a permit to construct another outbuilding directly behInd the existIng one, which would also come within 10 feet of the back of the property line of the lot. Mr. Rauen had a problem with allowing construction as close as 10 feet to the property line on 2 1/2-acre lots, feeling that didn't meet the Intent of the residentla] use of that property. He felt the additional outbuilding will have an adverse affect on hIs property and felt the allowance of so many outbuildings Is Incompatlb]e wIth the use of the land. BuIldIng Official Dave Almgren stated Mr. WIcklund has enough square footage In hIs principal structure to allow the construction of another outbuilding according to the ordinance. He understood Mr. Wicklund runs his business from his house but did not know where the equipment is housed. This Is the first complaint received on this matter. Counc I I agreed to have the ZonIng Administrator look into the matter, Including the question of running a commercIal business on thIs lot, and report back at the April 19 meeting. Mr. Rauen - also asked that the Council help to get effective enforcement from the County Sheriff's office regarding the State noise emissions standards. He has called the Sheriff several times, and was told that ordInance Is not beIng enforced. He asked that the ordinance be enforced pro-actively, not reactIvely, regarding the loud noises from dirt bIkes, four-wheelers, etc. The PCA has people on staff to help set up the enforcement of the noise emIssIon standards, thinking the key is consistent enforcement, not based on Isolated complaints. Regular City Council Meeting Minutes - April 5. 1988 Page 2 (Resident Forum, Continued) Mayor Wlndschltl stated It Is a matter of being able to get the equipment to record the noIse levels. Other citIes have enacted some regulations regarding motor bikes, four-wheelers, etc., that address that Issue. Those regulations will be on the April 19 agenda for CouncIl consideration, suggesting this discussion be tabled until then. Council agreed. Jack McKelvev - asked who the CouncIl recommended to the County Board for the position on the Coon Creek Watershed Board. Mayor Wlndschitl stated the names of all six applicants Interviewed were submitted by the required tIme. Mr. McKelvev - voIced his obJections to recommending the current representative for not adequately representing the City. AGENDA APPROVAL MOTION by KnIght, Seconded by Elling, to approve the Agenda as submitted. Motion carried unanimously. PUBLIC HEARING - VACATION OF EASEMENT/OAK BLUFF Council was reluctant to consider the Item without the final version of the plat and the resolution of the draInage Issue. MOTION by EllIng, Seconded by Apel, that we table this item until the next meeting. Motion carrIed unanimously. .BRANDON'S LAKEVIEW ESTATES PRELIMINARY PLAT MOTION by Elling, Seconded by Apel. a Reso]ution approving the preliminary plat of Brandon's Lakevlew Estates as being developed by Brandon Construction In SectIon 29-32-24 as presented. (See Resolution R042-88) Motion carried unanimously. NORTHWESTERN BELL TELEPHONE SPECIAL USE PERMIT Mayor Windschltl felt the easement would affect the abIlity to resell the Jot at some point In time. CouncIl discussed other possible locations for the construction of a utility cabinet for telephone equIpment. Regular City Council Meeting Minutes - April 5, 1988 Page 3 (Northwestern Bell Telephone Special Use Permit. Continued) J. E. Kelbben representIng Northwestern Bell explained they had dIfficulty gettIng property from others, and this was the onlY piece of property they found for the cabinet. GenerallY the sites are purchased because they do not want to have to move the cabInet should the road ever be widened. He didn't think the cabInet would have an adverse affect on the property, as they try to put It up agaInst the property line so It won't Interfere wIth any development. It Is necessary to service the area, and the raIlroad tracks Is the engineered preferred site. Time Is also a factor to be able to service the Winslow HIlls plat and surroundIng future development. Discussion was on possible other locations for the utility cabinet such as the drainage area south of Andover Boulevard or Winslow Holasek's proper-ty to the north of the old Andover school site. It was then agreed the City staff will work wIth the Northwestern Bel] representatives to find another location. The Councl] agreed they would do whatever possible to expedite the matter. MOTION by Apel, Seconded by Elling. to table this item until the staff can determine if there Is a more suitable site for the utilIty box. Motion carried unanimously. CITY OF COON RAPIDS SPECIAL USE PERMIT Planning and Zoning Chairperson Marge Perry reviewed their recommendatIon to approve the special use permIt request by the CIty of Coon RapIds to allow a golf course in a resIdentIally zoned dIstrict. They plan to expand the golf course to have two holes on 29 acres In Andover In the county park. There will be no buildIngs. Llvle Hanev. Finance Director. Coon Rapids - explaIned the Intent Is to enhance the golf course in Coon Rapids and Increase the parking lot. The lease documents have been approved by the Anoka County Board, the owner of the property. All Anoka County resIdents get equal T-tlme preference. He stated traffIc will not bother thIs. They Intend to clear only the a sma] I area for the fairways, leaving many trees for aesthetics and buffers. The only other use that will be aftected Is a horse trail that is through the 29 acres, but that trail Is being moved. There is a limIted amount of cross-country skiIng in the winter, whIch will not be affected by the golf course. Mayor Windschltl had first understood they were goIng to open the road to the Bunker Hills Park to provIde access from Andover, but was told today that that may not be the case. Mr. Hanel' said to his knowledge the plan was to open up the old Foley Boulevard to Bunker Lake Boulevard. If that has changed, he was unaware of It. Regular City Council Meeting MInutes - Apri] 5. 1988 Page 4 (CIty of Coon RapIds Special Use Permit. Continued) Mayor Wlndschltl thought there mal' be some leverage If the specIal use permIt was contIngent upon the road being opened to provIde access from Andover during normal park hours. The Mayor also asked If the CouncIl wished to consIder cOllectIng a fee from the golf course as the City of Coon Rapids does. Mr. Hanel' stated the county approved the lease subJect to the approval of the special use permIt. The lease calls for 5 percent of the net proceeds from the course after all debt service Is paid. The City of Coon RapIds has never taken any money out of the golf course fund but has put It all back Into the course. MOTION by Orttel, Seconded by EllIng, to approve the Special Use Permit for the City of Coon Rapids to expand the municipal gol f course Into the City of Andover and make a conditIon of that special use that It be contingent upon the Foley Boulevard extension through the Bunker PraIrie Park being kept open during regular park hours out onto Bunker Lake Boulevard Into Andover. (See ResolutIon R043-88) MotIon carried unanimously. GOOD VALUE HOMES REZONING P & Z Chairperson Perry explaIned they first heard the request in July, at which tIme It was tabled to gather more InformatIon. They heard the proposal again in March when Good Value Homes presented a feasibility study showIng the ability of that area to support a NeIghborhood BusIness. Good Value also poInted out the acreage Is less than two acres In part caused by the proposed extensIon of Verdin Street. The Planning CommIssion felt thIs lot Is best suIted for commercIal development because of Its location at the corner of two county roads, and because the area wIth Its growIng populatIon can support an addItional commercIal development. Mayor Windschltl questIoned the ability to grant a varIance on lot sIze, thInkIng the ordInance does not allow It for commercIal lots. He also felt one of the problems is the dImensIons of the lot changed from the preliminary plat to the fInal. He didn't necessarIly have a problem wIth the proposal, but he didn't think the ordInance allowed a variance for lot size on commercial lots. Chairperson Perry stated some of the property was desIgnated as commercial during the plattIng process. The Mayor thought that was only presented as a proposal. Councl]man Orttel thought the two-acre rule was ill-suited for urban commercial areas because It almost always means a strIp center must be put in. He felt smaller commercIal lot sIzes In the u.ban area should be allowed where only one busIness would be allowed. Regular City Council Meeting Minutes - Aprl I 5, 1988 Page 5 (Good Value Homes Rezoning, Continued) John Peterson. Good Value Homes - thought there were two acres to the end of the property. When they bought the Nutt property, they knew it had to be part of the proposed commercial parce I . But he thought they calcu]ated to the center line of the right of way. He asked if all the land they own could be rezoned, as they haven't deeded the right of way yet. Then the right of way could be taken from the rezoned land. He stated they didn't know the county would requIre more than 100 feet of right of way. The county Is now asking for 120 feet. Mr. Peterson also stated they met today with some people who are very Interested In a day care on that parce I , though they would only need about 1/3 of that space. Counc I I discussion was on the lot size. Councilman Elling poInted out only 100 feet of right of way was taken for Bunker Lake Bouelvard, yet the county Is requiring an addItional 20 feet for the Verdin Street extension. If only 100 feet were requIred, then the lot would be two acres In sIze. Because of thIs county requirement, he felt a hardship was created which qualifies for a variance under the ordinance. MOTION by Apel. Seconded by Elling, that the Ci ty Counci I of Andover approve the request by Good Value to rezone Outlot A to Neighborhood Business based upon the hearing at the Planning Department level and their feeling that this lot Is best suited for commercial development because of its location at the corner of two county roads and the area. because of its growing population, can support additIonal commercIal development; and also due to the fact that the Ilmi tat ion on the acreage in large measure has been directly affected by the Anoka County requirements of the addltional.rlght of way for the new roadway to the east. DISCUSSION: Mayor Wlndschltl preferred a formal amendment to changing the ordInance to allow less than two acres for commercial lots. Councilman Orttel also felt the ordinance should be changed to allow less than two-acre commercial lots in the urban area. In thIs case there Is enough acreage at thIs time; but after the county takes the easement, there won't be enough acreage. There's no way to expand that property or to make It residential because It faces a county road. But he felt there should be two separate motions to explain that. Mayor Wlndschitl stated one of the parcels has not been included for the public hearing and cannot be Introduced at thIs tIme. VOTE ON MOTION: YES-Ape] . Elling; NO-Kn I ght, Orttel. Wlndschitl Motion failed. MOTION by Apel, Seconded by Knight, reintroducing the motIon recommending that the CI ty Council approve the rezoning to conform to the material presented from R-4 to Neighborhood BusIness on the Regular City Council Meeting Minutes - ApLll 5, 1988 Page 6 (Good Value Homes Rezoning, Continued) contingency that we receive the properly dedicated right of way from Good Value as a condition of the rezoning per the attached sketch and to Inc]ude the grantIng of a variance because of lot size due to the addl tlonal takIng of the rIght of way by the County of Anoka. DISCUSSION: Mayor Windschlt] didn't feel a hardship has been demonstrated. Others argued that Good Value does have two-plus acres in total, and would have the two acres for the commercial lot If the county were not requIring additional right of way for the roadway. Motion carried on a 4-Yes, I-No (Windschltl) vote. MOTION by Orttel, Seconded by E]IIng, that we send the matter of lot size for Neighborhood Business in the urban area to the PlannIng CommIssIon for review. Motion carrIed unanImously. DNR FLOOD DAMAGE REDUCTION GRANT John StIne. Area Hvdro]oalst for the DNR - explained the DNR program has granted $5.000 In matching City funds for flood damage reduction. These flood reduction measures range from acquirIng flood prone property to studyIng varIous alternatIves for allevIating flood problems and performing structural measures for flood control. Mr. StIne explained the grant was awarded to inventory structures in the flood plain area, to come up with better baseline data for all propertIes located within the flood plain, and to utilize that data in a data base at the City for staff to use for informatIon requests. If the Counc II chooses to match the funds, they wi I] work out contract details with the staff. Mayor Wlndschlt] stated It Is an unbudgeted Item, asking it the funds have to be expended this year. Mr. Stine asked the Council to make a decIsIon in sharing the funds by Mal' 1. There are two al]ocations under the plan. They have to have a contractual agreement with the City by September 1988. The next allocatIon would be made in September, 1990, which Is when the City's funds would have to be expended; so It would be acceptable to phase the expendIture over a period of time. The City can also use work done by staff as It's share of the grant. Mr. Stine stated the application was basically for about $5.000 worth of surveying, $5,000 worth of organIzing and compilIng the Information Into a data base and mailing out informatIon material to the affected property owners. Counc I I agreed to look at the budget and discuss the item at the specIal meeting on Apri I 12. MOTION by Apel, Seconded by Orttel, that we table this to our work session. Motion carried unanimously. Regular CIty Council MeetIng MInutes - Aprl] 5. 1988 Page 7 COMMERCIAL PROPERTY/ASSESSMENTS FOR WATER Counc II revIewed Andover's water rate and trunk source and storage charges compared to that of other cItIes. Research done by the staff indIcated Andover's rates are somewhat hIgher. Mr. Morel' stated the CIty has been chargIng Just the water and sewer connectIon charges for the CommercIal Park lots. Mr. Schrantz understood the connectIon charges for the CommercIa] Park could be used as a negotIatIng tool. Also, the CIty chose to assess commercIal property twice as much as resIdential. But one of the things that changed was the decIsIon to assess the connectIon charges, whIch may be puttIng a bIg Impact on the land that doesn't develop. He thought the City could return to assessing the area charges only and collectIng the connectIon charge at the tIme of development; or the assessments can be based on a resIdentIal rate untIl the commercial property develops Then the addItIonal amounts would be collected. Jerrv Green - stated Coon RapIds charges the same rate for resIdentIal and commercIal. TheIr rate Is tIed to a consumer prIce Index. He revIewed Andover's assessment, notIng accordIng to the feasIbIlIty report It comes to $2,400 per acre for resIdentIal and $4,850 for commercial. He thought that Increase over last year was more than the consumer prIce Index. Mr. Schrantz stated the City uses the EngIneerIng News Record Index. Counc i I dIscussed reasons why a larger assessment Is needed in Andover IncludIng it Is a new system and many of the existing homes are not on the system. M.. Green stated they have already gIven the CIty a lot on whIch to buIld the well; and to assess Hills of Bunker Lake $600,000 tor the water system is hIgh. thInkIng it Is more than the cost to buIld the system for that area. The proposed assessment on the 18.5 acres of commercial Is about $88,000, and all that is being done Is stubbing in the utIlItIes to the lot line. At this time they have no Idea what wI I ] be goIng on those commercIal lots. Mayor Windschltl thought the policy had been to defer the assessment on anything more than a residential lot equivalent until actual commercial development takes place. MOTION by Orttel, Seconded by Apel, to c]arlfy the CIty's policy that commercIal property wI I I be assessed resIdentIal rate for water connectIon charges at the tIme of development or at the time of InstallatIon of utIlItIes In the area; and wIll be charged the balance of the commercIal rate based on the use that will take p]ace upon actual constructIon of the busIness on the property. DISCUSSION: Regular City Council Meeting Minutes - April 5. 1988 Page 8 (Commercia] Property/Assessments for Water, Continued) Mr. Green asked about the difference between the assessment and a connection charge. Attorney Hawkins explained a connection charge is Imposed under a separate Chapter which authorizes munIcipalities to fund theIr sewer and water Improvements by collectIng from those who hook up to the system. Under the 429 procedure. the properties are assessed whether they hook up or not. Motion carried unanImously. CouncIl agreed the engIneers should do further study and an analysIs of the fundIng of the water system to see If the rates are In line and are meeting the needs of the system. HILLS OF BUNKER LAKE FINAL PLAT MOTION by EllIng, Seconded by KnIght, a ResolutIon approving the final plat of HIlls of Bunker Lake 3rd Addition Improvement ProJect No. 88-5 as being developed by Hills. Inc., In Section 26 and 35, Township 32, Range 24, as presented. (See Reso]utlon R044-88) Motion carried unanimously. TONSON MOTION by Elling, Seconded by Knight. that we refer the Tonson issue back to the Planning and Zoning Commission to Initiate the revocation of the SpecIal Use PermIt. DISCUSSION: Zoning AdmInistrator d'Arcy Boseli reported the Waste Management Board is satisfied wIth what is going on with the Tonson operation. Sites 1, 2, and the wetland have been cleaned up and Site 3 is about one- half finished. She has spoken with Milton LaPanta, who expects to meet the January, 1989, deadlIne to have the site cleaned up. She has inspected the sIte and tound everything In order. Also, Anoka County amended the license provision to accept the Insurance amount that could be acquIred by the operatIon. The license was amended and runs from February 16 to June 30, 1988. The County also feeis the operatIon Is In complIance with the license requirements. Ms. Bosell stated they are taking very few tIres in the receIving and processing area. There are more monIes available through the State Legislature for the cleanup, and Mr. LaPanta has been renegotIating the monIes to be paId off for the waste tire abatement. The large shredder was down for repairs but is to be back in operation tomorrow. She dId not have a reason for which the City could start the revocation process. Regular CIty CouncIl MeetIng MInutes - AprI I 5, 1988 Page 9 (Tonson, ContInued) Councilman EllIng was annoyed that Mr. LaPanta was bIddIng agaInst another cIty for other tire piles. Ms. Bosel I stated the tires that came from Plymouth are already through the shredder and are gone. She explained there are two Issues -- the recycling Issue on the front four acres and the waste abatement on the back 11 acres. CouncIlman Orttel asked if there are verIfiable means of determinIng how many tires are there and if they are beIng shredded and removed. Ms. Bosel I stated yes, the sites were measured before the stipulatIon agreement was entered Into. The only pIle on sIte that may be considered for revocatIon are the oversIzed tires that were scheduled to go to Babbott. For some time those tIres were located on the east sIde of the property on the Heidelberger easement. They had to be moved off that easement and are now on Site 1 because Babbott Is not accepting tires at thIs tIme. She dIdn't thInk there was a case for revocatIon of the permit at this time. Fire Chief Bob Palmer stated he was in there a week ago, and it appears the only place any cleanIng has been done Is the area behInd the buildIng. All the tIres are around the buildIng, and there Is no way they could get any fire equipment through there for fireflghtlng. Ms. Bosell didn't deal with the fIre lane Issue, but she felt that would be taken care of with a call to M.. LaPanta. She stated she will cal] hIm about that issue. In further Counc 11 dIscussIon, Ms. Bosel I revIewed the progress and proposed cleanup schedule. She also noted the gate Issue has been taken care of. Counc i I expressed concern that the operator does not keep the fIre lanes open unless asked repeatedly, that the operation apparently functioned for a period of tIme wI thout a ] I cense and the City wasn't aware of it, and that the CIty has not been kept Informed of actions by other agencies regarding the operatIon. Ms. Bosell again stated she will cal I M.. LaPanta. feeling those fIre lanes will be opened upon request. Counc II suggested the fire Janes be staked so It mal' be easier to keep them open. Counc i I also asked to be provided a wrItten explanation of what took place with the license for thIs operation. Ms. Bose I I stated she would provide a copy of the letter she receIved on the issue. CouncIlmen EllIng and Knight WITHDREW the Second and the MotIon. ASSESSMENT ABATEMENT Dan Esselman. 1685 Crosstown Boulevard - has one-fourth acre adJacent to hIs home whIch Is an unbuIldable sIte, and he Is gettIng assessed for water on that lot. Mayor Wi ndsch I t I thought that TKDA took the posItion that because there I s enough land area there for two Regular City Council MeetIng Minutes - AprIl 5, 1988 Page 10 (Assessment Abatement, Continued) Mr. Schrantz explained the water proJect from 139th to 140th along Crosstown Bou]evlard was for trunk purposes, and only those who petitioned for It were assessed. Mr. Esselman sIgned the petition for hIs house, but not for the other lot. Staff felt since no one else was assessed at this tIme. that this lot should not be assessed at this time either. Mayor Wlndschltl asked how this is any different than what was done on Round Lake Boulevard. He thought the policy was to assess undeveloped lots for water. Mr. Schrantz stated the pipe up Crosstown was for trunk purposes, and the understanding was no one would be assessed unless they petitioned and hooked up. Mr. Esselman stated because of the position of the house, the two-acre parcel cannot be subdivided. Counc i I asked that the staff and TKDA determine what was done with the sewer and whether the the lot Is realIstically subdIvidable. It was fe It If the house Is located such that It Is not subdivIdable, It Is one lot. If that Is found to be the case, the sewer assessment should onlY be for one lot also. MOTION by Elling, Seconded by Orttel, refer this back to the Staff and TKDA to look at It to see If It should abated and contInue It to the next meeting. MotIon carried unanImously. RECEIVE PETITION/OAK BLUFF MOTION by Knight, Seconded by Elling, a Resolution declarIng adequacy of petition and orderIng preparation of a feasibIlity report for the improvements of watermaln and sanItary sewer, ProJect No. 88-12, In the Oak B]uff AdditIon. (See Resolution R045-88) MotIon carried unanimously. EAW HIDDEN CREEK EAST MOTION by EllIng. Seconded by Apel, a Resolution on the need for an Environmental Impact Statement for HIdden Creek East prelimInary plat as presented, makIng a negative declaration that it is not necessary. (See Resolution R046-88) Motion carried unanimously. HIDDEN CREEK EAST PHASE I/EPA BUFFER AREA John Peterson, Good Value Homes, stated they are not aware of any problems wIth the area. Mr. ROdeberg also didn't see a problem with the proposed phase. Counc I I agreed. Counc 1 I recessed at 9:48; reconvened at 9:55 p.m. Regular CIty Council MeetIng Minutes - April 5, 1988 Page 11 CROSSTOWN BOULEVARD/DNR WETLAND CROSSING Mayor Wlndschlt] and Mr. Rodeberg reviewed the proposal which has been reached wIth the DNR In order to obtain a permit for the realIgnment of Crosstown Boulevard. They showed the areas on maps which are adJacent to the wetland that the DNR would requIre for mItIgatIon. The DNR would also go along with a 20-foot bridge, but nothIng less. John StIne, DNR, also revIewed the DNR's position under which they would Issue the permIt and the events that lead to the agreement. There Is 2.1 acres of wetland being eliminated by the road, plus the wildlife base Is beIng cut In half. Though the Wildlife DIvIsIon wanted a 50-foot bridge so wildlife could flow between the two areas freely, his posItIon Is that a 20-foot bridge would be suffIcient and less costly to the City. To enhance the area, they want a small dike constructed In the northwest corner of the adJoining Menkveld property to maintain more water during wet periods. The developers of that property have been cooperative during this process. He asked for a resolution or statement from the Council by Friday that It commits to that course of action. Art Raudio. developer of Red Oaks 5th - stated they have one acre that Is high along Bunker Lake Boulevard and the proposed extension of Crosstown Boulevard. The rest Is withIn the DNR wetland. He proposed moving other highland to the east to add to the one-acre so there would be sufficIent high ground for a commercia] area. All they would need is permissIon from the DNR to add a half acre of fill. He stated a commercial operation on that intersection makes good sense In planning and would generate $20,000 to $25.000 a year to the city, which would pal' for the bridge In four or five years. Before givIng all hIs land to the DNR, he first wanted permIssIon for that one-half acre of fill on the proposed commercial site. Mr. Raudlo felt once he gave his land for this proJect, he would not have any bargaining power In obtaInIng permIssIon from the DNR to fIll the that area. Mr. StIne explained he cannot give permissIon to fill the area Mr. Raudlo Is proposing, as he cannot waive those rules. Mr. Raudlo can petitIon to the DNR and get a determination from an Independent hearing commIssion; but that Is a lengthy process. and he cannot guarantee that Mr. Raudlo wIll be successful. After further dIscussion with Mr. Raudlo, several Councilmen Indicated support for Mr. Raudio's Idea to shift the wetland to make a buildable commercial parcel at the Intersection. But to tIe that to the mitigation would set the construction of the road back a year or two. The general consensus was the road proJect must proceed as soon as possible. Mayor Wlndschltl asked for a motion for the City to acquire the area of the Menkveld property outlined In green that Is behind the red lIne on the map before them and that the Council agrees to the construction of the 20-foot bridge on the Crosstown road realignment. Regular City Council Meeting Minutes - ApLi I 5, 1988 Page 12 (Crosstown Boulevard/DNR Wetland CrossIng, Continued) MOTION by Knight, Seconded by Elling, to so move, using these maps as reference poInts, and Include the 20-foot brIdge. (See Resolution R047-88) MotIon carried unanImously Discussion was then with Mr. Raudio in an attempt to reach an agreement regardIng the property desIred by the DNR for mItIgatIon. Mayor Wlndschitl thought five lots would be lost from the Red Oaks Manor 5th Addition, not six, because of the Inclusion of a lot In the southern portion of the plat that Is in the DNR protected wetland. Mayor Windschitl stated the CIty could use part of the pUblic park Issue which can be used to satisfy the developer. Also, the developer would not have to pal' the assessments on any property that would be acquIred by or be dedicated to the CIty. Counc i I generally agreed to leave the proposed commercIal area as an outlot on the plat, and the developer would have to go through the permit procedure of the DNR for any fill desired on that outlot. M.. Raudio proposed a credIt on the trunk assessment on the balance of the property, which Is about 20 acres. M.. Rodeberg calculated, based on the proposed layout, that that would amout to a reduction of about $32,000. Mr. Rodeberg also stated that Mr. Raudio had asked that all of the storm sewer assessment be deleted, which would reduce the assessment by another $14,000. Mr. Raudio stated water is being dumped onto the low area of their property; however, the City has never purchased the property or an easement. He stated he Is willing to provide the land for the DNR so the road can be put through. But he felt he Is not beIng treated faIrly on the deal; as he is havIng to give the land, yet he must fight to get a half acre of f I I ] from the DNR for the commercIal lot knowIng he mal' not get It. He felt I t Is grossly unfaIr and lopsided. M.. RaudIo stated he also had to give 92 feet total, 29 feet more. to the county along Bunker Lake Boulevard because the county wI I I not put that road back on lIne. No decIsions were made at this tIme. Mr. Raudio was asked to make a recommendation to the Council regardIng the mitIgated property such as a combinatIon ot park dedIcatIon and payment In cash for the remaInIng property. Counc I I agreed to have the property surveyed and a value se t on It. The acreages and values are to be established for each area -- the wetland and that area that Is to be acquIred by the City. If no agreement can be reached wIth Mr. RaudIo, then the City would be forced to begin eminent domain proceedings. Regular City Council MeetIng Minutes - April 5, 1988 Page 13 (Crosstown Boulevard/DNR Wetland Crossing. Continued) MOTION by Orttel, Seconded by Elling, that we authorize the City Staff to contact with property surveyor to survey those properties the City anticipates acquiring for mItigation of the new Crosstown realignment and other wetland areas In the proposed Red Oaks 5th Addition; and to begin abstractIng necessary prior to the commencement of emInent domain proceeding. DISCUSSION: Council clarifIed the need for the acreage and value of the wetland, plus the value and acreage of the land between the wetland and the red line on the map before the CouncIl. MotIon carrIed unanImously. 87-32 WINSLOW HILLS/APPROVE PLANS AND SPECS Gary Gorham. the developer, asked about the completion date, as he has already sold six homes for September 1 possession. Mr. Rodeberg stated they are having a problem with the September 1 completIon date consIdering the completIon date for the trunk lIne Is August 1. The question Is what is reasonable and how much can be done ahead of tIme. Mr. Rodeberg thought a more reasonable completion date would be October 1, but unfortunately that is after Parade of Homes. He thought a possibility would be to put September 10 as a completIon date for utilitIes and leave the streets until later. Mr. Gorham thought September 10 would be acceptable for utIlitIes if they could get a pumping agreement if necessary. Mr. Rodeberg noted there mal' be a problem with pumpIng because of the Jack of storage capacity in the lIne. It was agreed that could be looked at later. Attorney HawkIns advIsed the descriptions and easements are needed for the trunk lines through Oak Colony Estates, the Schneider property, and Oak Bluff 2nd. Under condemnation, it would take 90 days for a quick take, which means constructIon could not begin before July 1. MOTION by EllIng, Seconded by Knight. a ResolutIon approving final plans and specIfIcatIons and orderIng advertIsement for bids for ProJect No. 87-32 for watermain. sanItary sewer, storm draIn and street constructIon and amend the document to say September 10 for sewer and water and November 10 for fInal completion. (See Reso]utlon R048-88) Motion carrIed unanImously. 87-11B REVISED STORM SEWER Mr. Rodeberg reviewed the revised storm sewer plan for ProJect 87-11B by dIvidIng the draInage area into three separate dIstricts. The distrIct serving Oak Bluff 2nd would be pIped down Bluebird Into a pond south of Andover Boulevard, and trom there piped through the Oak Regular City Council Meeting MInutes - Aprl] 5, 1988 Page 14 (87-11B RevIsed Storm Sewer, Continued) Colony Estates proposed plat to the creek. The Coon Creek Waterhsed has Indicated they would be willIng to construct the pond south of Andover Boulevard If the City supplied the property. ThIs wasn't a feaslb]e route previously because the pond was too high nor enough storage to keep the line small. With the construction of the pond, the cost of the outlet is significantly reduced. The cost is estImated to be 5.5 cents a square foot; but because It Is running directly through plats, there Is also some lateral benefit. Mr. Rodeberg revIewed the prelIminary assessment roll, feeling there was enough up front benefIt pay for the buIldIng of the lIne now and deferrIng the assessment to HartfIeld's, SchneIder, and Wallace. The reason they would lIke a decIsion on thIs Is to Include the proJect as an alternate to the sewer and water trunk line proJect that Is being bId next week. He also felt the costs mal' be lower If the storm sewer lIne Is done at the same time the other utIlities are done. DIscussIon was on the proposed proJect and the financing. Council raised the question of the Impact on the Winslow Hills storm draInage proJect by taking out the Wa]lace property and puttIng It Into the Oak Bluff area. Mr. Rodeberg explained since there Is going to be the large regional pond south of Andover Boulevard, most of the Wal]ace property will drain in that direction rather then toward the Winslow Hills pipe down Xeon as previously proposed. It changes the economics of the plan done for Winslow Hills somewhat, but he dIdn't think It was signifIcant. The main concern of the Council was who would carry the assessments for Hartfle]d's, Schneider and Wallace, feeling the City at large does not have the resources to do so. At thIs time the consensus of the Council was not to have the City carry the assessments for those three areas. AI Hammel, developer. thought It was short sIted to put In a storm drainage system to serve theIr property only and not the abuttIng propertIes. He wants a system that can serve Oak B]uff and where he doesn't end up paying for other properties that benefit. Mayor Wlndschltl ask~d It they would be wIllIng to carry the assessment for the three that would come In tor development In the future. Mr. Hammel stated no. He had a problem paying $50,000 of additional expense for future development when he wouldn't get paId back until after the year 2000. Discussion was on alternatIves and costs. Mr. Schrantz also noted he planned to meet wIth Mr. Schneider to determine where services should be provided to his property as the sewer trunk goes past. Council cautioned It is not the City's posItion to be laying out a plat on prIvate property, and also felt the property owner should be payIng If many additIonal stubs will be comIng from the line. Regular CIty Council Meeting Minutes - AprI I 5, 1988 Page 15 (87-11B Revised Storm Sewer, ContInued) Counc i I fInally discussed the possibility that the proposed proJect for Oak Bluff 2nd Addition drainage be downsized to serve that area only, excludIng the HartfIeld's, Schneider and Wallace areas. Mayor Wlndschit] asked Mr. Hamel if he would provIde easement for the utIlity trunk line through the Oak Bluff property even if it Is found it Is unfeasible to provIde storm sewer to that plat rIght now. Mr. Hamel thought It would be a problem to have to pay sewer and water assessments If I t Is found that it Is not feasible to plat Oak Bluff 2nd at thIs time. Mayor Windschltl stated the City cannot assess when a benefIt cannot be shown, but If an easement cannot be obtaIned, the alternative of running the trunk lInes up Hanson Boulevlard needs to be looked at now. MOTION by Orttel. Seconded by Apel, that we dIrect TKDA to prepare a feaslbi]Ity report for the Oak Bluff 2nd AddItIon and surrounding areas that shows the mInImum acceptable storm draInage for Just those developed areas of Oak Bluff 2nd and Oak Bluff 1st and Old Colony Estates, and also solicit bids as an alternatve to trunk sewer proJect that's going on In the area based on that report, to serve only those properties. MotIon carrIed unanimously. It was agreed Mr. Rodeberg will finalIze the cost estimates for the proJect for the next meetIng. 87-27 AWARD CONTRACT/WOODLAND CREEK MOTION by EllIng. Seconded by Knight. a Reso]utlon accepting bIds and awarding contract for the Improvement of ProJect No. 87-27 for watermain, sanItary sewer, storm drainage and streets wIth concrete curb and gutter construction in the area of Woodland Creek as presented, showing S. J. Louis Construction as Jow bidder, J. P. Nor ex as second low bidder and C. W. Houle being third bidder. (See Resolution R049-88) MotIon carried unanimously. CHANGE ORDER/COMMERCIAL PARK Mr. Rodeberg asked for approval of two change orders in the Commercial Park. One Is to take the grading out of the Gammon Brothers contract and shIftIng it to the Anderson Brothers contract. The other is to add 350 feet of pipe to the Anderson Brothers contract to complete the outlet from the pond in the Commercial Park to HIdden Creek. MOTION by Apel, Seconded by EIJlng, that we approve a change order deleting the storm sewer and the grading project of 87-6 and 87-6b for the Commercial Park and adding the storm sewer to the utIlity contract. Motion carrIed unanimously. Regular City Council Meeting Minutes - April 5, 1988 Page 16 MOTION by Knight, Seconded by EI]lng, to continue the meeting to Thursday. Apr I I 7, 7:30 p.m. Motion carried unanimously. Meeting carried to April 7, 1988. 11:52 p.m. Respectfully submitted. ' ·~~~¿L Marc la A. Peach Recording Secretary