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HomeMy WebLinkAboutCC February 2, 1993 ~ CITY of ANDOVER Regular city Council Meeting-February 2, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items l. Public Hearing/92-25/University Avenue 2. Public Hearing/92-24/Andover Boulevard 3. Special Use Permit/3131 - 16lst Ave/Grocery Store 4. Approve Cigarette License/3131 - 161st Avenue N.W. 5. Comprehensive Plan Discussion, Cont. 6. Approve Preliminary Plat/Timber Meadows 7. Kadlec Construction Sketch plan 8. Rezoning/Echo Ridge 9. Approve Echo Ridge Preliminary plat 10. Accept Feasibility Report/Echo Ridge 11. Accept Feasibility Report/Commercial Boulevard/92-27 12. Accept Feasibility Report/92-l6/Pheasant Glen 13. Order Condemnation/Pheasant Meadows/92-10 14. Order Condemnation/Commercial Boulevard 15. Reconstruction of Round Lake & Bunker Lake Blvds/91-22 & 28 Staff, Committees, Commissions 16. Hire Public works Employees 17. Adopt License Fees/Garbage Haulers. Cont. 18. Approve Consultant/Order Plans/City Hall Park Complex #2 19. Approve 1993 Park Capital & Park Dedication Budgets 20. Reschedule Meeting/Junkyard Task Force 21. Approve Classification & Sale of Forfeit Land 22. Amend Ordinance 42 (Fire Dept. Ord.), Cont. 23. Approve 1993 Fire Department Election Results 24. Authorize RFPs for Oak wilt Control Plan/Tree Comm. Non-Discussion Items 25. Release Letter of Credit/Creek View Crossing 26. Approve Resolution/City Council Meeting Video Tapes 27. Approve Change Order #2 & Approve Final Payment/ 91-27/Streets & Storm Sewer/Meadows of Round Lake 28. Approve Change Orders #3 & Approve Final Payment/91-27/ Sewer & water/Meadows of Round Lake 29. Approve Final Payment/92-2jWeybridge 2nd 30. Order plans & Specs/Pinewood Estates 2nd/93-2 31. Approve Miscellaneous Agreements Mayor/Council Input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 2, 1993 TABLE OF CONTENTS RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 PUBLIC HEARING: IP92-25/UNIVERSITY AVENUE · · · · · · · · · · · · 1 Resolution R024-93 to order improvement · · · · · · · · · · · 3 PUBLIC HEARING: IP92-24/ANDOVER BOULEVARD · · · · · · · · · · · 4 Resolution R025-93 to order improvement · · · · · · · · · · · 6 SPECIAL USE PERMIT/3131 161ST AVENUE/GROCERY STORE Resolution R026-93 approving permit · · · · · · · · · · · · · 6 CIGARETTE LICENSE/3l3l 16lST AVENUE NW Motion to approve · · · · · · · · · · · · · · · · · · · · · · 6 COMPREHENSIVE PLAN DISCUSSION . · · · · · · · · · · · · · · · · · 6 PRELIMINARY PLAT/TIMBER MEADOWS · · · · · · · · · · · · · · · · · 7 Resolution R027-93 approving preliminary plat · · · · · · · · 8 KADLEC CONSTRUCTION SKETCH PLAN . · · · · · · · · · · · · · · · · 8 REZONING/ECHO RIDGE · · · · · · · · · · · · · · · · · · · · · · · 8 Resolution R028-93 granting rezoning · · · · · · · · · · · · 9 ECHO RIDGE PRELIMINARY PLAT . · · · · · · · · · · · · · · · · · · 9 Resolution R029-93 approving preliminary plat · · · · · · · · 10 FEASIBILITY REPORTS: ECHO RIDGE/COMMERCIAL BLVD/IP92-l6, PHEASANT GLEN Motion to table to February 10, 1993 · · · · · · · · · · · · 10 Resolution R030-93 accepting feasibility/IP92-29 · · · · · · 10 CONDEMNATION/PHEASANT MEADOWS/IP92-10 Motion to authorize condemnation · · · · · · · · · · · · · · 10 CONDEMNATION/COMMERCIAL BOULEVARD Motion to authorize condemnation · · · · · · · · · · · · · · 11 RECONSTRUCTION OF ROUND LAKE AND BUNKER LAKE BLVDS/IP92-22 & 28 Resolution R031-93 authorizing feasibility studies · · · · · 11 PLANS AND SPECS/PUMPHOUSE NO. 4 Resolution R032-93 authorizing plans and specs · · · · · · · 12 PUBLIC WORKS EMPLOYEES Motion to hire Wallace and Johnson · · · · · · · · · · · · · 12 LICENSE FEES/GARBAGE HAULERS Motion to set fees at $25/1icense and $15 per truck · · · · · 12 CONSULTANT/ORDER PLANS/CITY HALL PARK COMPLEX *2 Motion to contract with Hakanson Anderson Associates, Inc. · 12 NON-DISCUSSION ITEMS Amend Ordinance No. 42/Fire Department · · · · · · · · · · · 13 Approve 1993 Fire Department Elections · · · · · · · · · · · 13 Authorize RFPs for Oak Wilt Control Plan · · · · · · · · · · 13 Release Letter of Credit/Creek View Crossing · · · · · · · 13 Resolution R033-93 on Council Meeting Video Tapes · · · · · · 13 Resolution R034-93 approving Change Order/Final Pymt/92-27 · 13 Resolution R035-93 approving Change Order/Final Pymt/9l-27 · 13 Resolution R036-93 approving Final payment/IP92-2 · · · · · · 13 Approve D.A.R.E. Agreement/Weidema Excavating Settlement · · 13 1993 PARK CAPITAL AND PARK DEDICATION BUDGETS Motion to approve · · · · · · · · · · · · · · · · · · · · · · 13 RESCHEDULE MEETING/JUNKYARD TASK FORCE (to February 17) · · · · · 14 CLASSIFICATION AND SALE OF FORFEIT LAND Motion to purchase Lot 7, Block 6, Nordeen Addition (failed) 14 PLANS AND SPECS/PINEWOOD ESTATES 2ND/IP93-2 Resolution R037-93 ordering plans and specs · · · · · · · · · 14 MAYOR AND COUNCIL INPUT . · · · · · · · · · · · · · · · · · · · · 14 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 14 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - FEBRUARY 2, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on February 2, 1993, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, James Schrantz Others RESIDENT FORUM Carrol Abbott, 2917 142nd Lane - congratulated the Mayor and Councilmember Dalien on their election and appointment to the Council. Kathv Lindberq, 14232 Yellowoine Street NW - presented a donation from the residents and various businesses to be put toward the development of the park in their neighborhood. Mayor McKelvey and Park and Recreation Commission Chairperson Jeff Kieffer accepted the contribution on behalf of the City and thanked the residents for their generosity. AGENDA APPROVAL Add Item l5a, Plans and Specs/pumphouse No. 4. MOTION by Jacobson, Seconded by Perry, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES January 19, 1993: Correct as written. MOTION by Knight, Seconded by Jacobson, approval of the Minutes as written. Motion carried unanimously. PUBLIC HEARING: IP92-25/UNIVERSITY AVENUE 7:34 p.m. John Bearden, Comstock and Davis, Inc., consulting engineer, reviewed the proposed project for the improvement of University Avenue between 152nd Avenue to Constance Boulevard. The proposal is to assess the benefitted property owners on the Ham Lake side, and to assess the -F(Y\~~ :L\,tø(<f'3 Regular Andover City Council Meeting Minutes - February 2, 1993 Page 2 (Public Hearing: IP92-25/University Avenue, Continued) benefitted property owners on the Andover side for those costs that are not reimbursed by MSA funds and for any right of way that may need to be purchased. The estimated cost is $618,363, which will be financed with MSA funds from Andover and Ham Lake and special assessments. They are proposing the road will follow the existing grade except in the low areas. The storm drainage will generally go to the lowland adjacent to the project, but there is a ditch in the north and some storm water facilities at the intersection of 157th and University. The tentative schedule is to complete the project this year if both communities proceed. Councilmember Jacobson asked if the road will be shifted from the center line on either the north or south end. He also asked about the lowland south of l57th. Mr. Bearden anticipated the road will be brought back to the centerline on the north by Constance Boulevard. On the southern end, the road at 151st is fairly close to the centerline right now. Surveying and soil borings have not been done. Mary Erickson. 15486 Universitv Avenue - stated Ham Lake also talked about improving Fourth Street and the development off 159th. Are those costs included in the $618,363? Mr. Bearden stated that cost is for University Avenue only. Ms. Erickson - stated when the road was improved south of 151st, the residents did not pay an assessment. They are being asked to pay about $1,000 or more if easement must be purchased. Because even those south of 151st will benefit from the entire road being paved, she felt they too should pay a portion of the assessment. Council and Staff explained there has been a change in policy since then. Only those adjacent to a project can be assessed. Also, all the easement for the southern portion was donated to the City. Without a shift in the road, it is anticipated the City will not need to acquire right of way. Ms. Erickson - understood the property owner on the very north end is opposed to the project and that easement will be needed from them. Then everyone will be assessed for it equally. Staff explained that if the City must buy easement, they will buy it from everyone and then assess it back. They will ask that all easements be donated; and if it is, there will be no assessment for easements. There would still be the approximately $1,000 assessment. Mr. Bearden stated the road on the north end probably would be shifted further to the east and will follow the centerline. The road easement will be 66 feet, 33 feet on either side of the line. Attorney Hawkins indicated that because the road has never been dedicated to the City, easements may have to be signed by the property owners so they can be recorded Ms. Erickson - was told flags would be put up so they could see where the road will go. Staff indicated if the project is ordered, that will be done as soon as possible, but the residents can expect the road to look like the completed southern portion and will generally follow the traveled right of way. Some sloping might have to go into the yards. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 3 (Public Hearing: IP92-25/University Avenue, Continued) Ms. Erickson - was concerned about the unanswered variables in the project such as the easement on the north end and the lowland. Mayor McKelvey noted the City's policy is recalling the residents if the project runs 5 percent over the estimated cost. Mr. Schrantz asked that because only a portion of the project is being assessed, would the five percent overrun apply to the $1,000 or to the entire proj ect cost. Council did not make a decision on that question. Al Bradford, 15524 Universitv Avenue - asked how the estimated cost can be determined with the variables. If there is peat in the low area, the road will be very expensive. He also indicated if the person on the north end fights it, the costs to the residents increase. He asked what the $1,000 is paying for. Mayor McKelvey indicated any increased costs of the road construction will come from MSA funds. Mr. Schrantz explained the $1,000 pays for the extra costs not eligible from MSA funds such as some storm drainage, administrative and some engineering costs. Mr. Bradford - stated if the road stays where it is located now, there will be no problem. But if it is moved toward his property, he has large mature pine trees that are right on his property line. He was concerned that any construction near their roots may damage them. He wanted some assurance that his trees, which are a buffer from the road, will be saved. And if they are destroyed, will he be compensated for them. Mr. Bradford also asked about the storm drainage and whether the additional water would affect an individual's cesspool. Mr. Schrantz explained the storm water will only consist of water from the blacktop. It should not be much more than the current drainage. Mr. Bearden didn't know where the trees were located but said any damaged trees on private property would be compensated for from the project funding. Council stated every attempt will be made to save trees unless it is unavoidable. The engineers will be talking to the residents about their concerns as the project is staked. Ron Sanford, 130 157th Avenue - asked what is considered a unit for the assessment. Mr. Schrantz explained a unit is a buildable site. Mr. Sanford does not have buildable land off University Avenue and would not be assessed. A notice was sent to him for informational purposes only. Mayor McKelvey asked for a show of hands for those in favor and against the project. Four people raised their hands in favor, five opposed. Several indicated they were opposed with a $1,000 assessment but would be in favor without that assessment. MOTION by Perry, Seconded by Knight, to close the public hearing. Motion carried unanimously. MOTION by Perry, Seconded by Jacobson, introducing the Resolution ordering the improvement of streets and storm drain, Project No. 92-25, as presented. (See Resolution R024-93) Motion carried unanimously. Hearing closed at 8:05 p.m. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 4 PUBLIC HEARING: IP92-24/ANDOVER BOULEVARD 8:05 p.m. Mr. Davidson reviewed the proposed project and background for improvements along Andover Boulevard between Crosstown and Hanson Boulevards. The sanitary sewer and water lines have already been constructed to the entrance of the Pinewood Estates development. Residents along the existing utility lines have petitioned. The Staff is recommending the utilities be extended eastward to Hanson Boulevard. The County has indicated a willingness to turn back Andover Boulevard; then the City would upgrade the road as an MSA street. Total project cost is $416,500. The City's share of the costs, approximately $211,000, pays for the deepening and oversizing of the utility lines. The City will be reimbursed as the properties to the north develop. The assessments per lot will vary depending on the lot width. All lots would be assessed to a maximum depth of 130 feet. The Hoff property would be assessed one unit initially until it is decided that another buildable lot could be developed. The buildability of the very west parcel is also marginal because of the wetland infringement. It would be assessed one unit now; and if and when it is developed, it would be assessed additional units for each parcel created. It is proposed that if the project is ordered this evening, it would be completed by August, 1993. Connie Enzmann, 1718 Andover Boulevard - asked about the petition. All signatures are from those on the west end which already have the utilities past them. No one east of Kildeer was notified of this. Carol Christopherson, 1703 Andover Boulevard - stated she never saw the petition nor heard about it. Staff and Council explained the original intent was to simply restore the street; however, the county required it be restored to their standards. The project then progressed to the possibility of having the road turned back to the City and upgrading the entire street. Mr. Schrantz also explained the thought was to install the utilities east of Kildeer prior to upgrading the road. But because the residents on that end did not petition, the proposal is to defer the assessments for the utilities until they hook up to them. The City would carry that cost until then. When a resident does hook up, the assessment would be the cost plus accrued interest so it would be equivalent to today's costs. In that way, the entire street can be finished. Ms. Christopherson - stated she has an 80-foot and a 40-foot lot. She asked why both lots are assessed approximately the same and why she should have to pay an assessment on the smaller lot. She built a concrete fence across both lots at considerable cost, as her intent has always been not to build on the smaller one. She also thought her house sits part way onto the smaller lot. She was also frustrated that they were not told about this proposal. The last thing she was told at a Planning and Zoning Commission meeting was the utilities would not go past the Pinewood Estates development for two to three years. Less than six months later she gets a letter in the mail with a proposal to assess her over $15,000. Mr. Schrantz again explained how the project progressed and the proposal to defer the assessments to those east of Kildeer. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 5 (Public Hearing: IP92-24/Andover Boulevard, Continued) Ms. Christopherson - asked how much land would be taken for right of way and whether it will affect her fence. Mr. Davidson didn't know at this time. The roadway would be over the existing path. upon further investigation by Staff, it was determined that Ms. Christopherson's lots were 88 feet and 132 feet wide. Both are buildable parcels; and the existing house is placed on the one lot. Ms. Christopherson - stated the road on the west end has bad holes and two cars can barely pass each other in one spot. Council directed Staff to look into that matter and see what can be done to improve the road. Craiq Ward. 1846 Andover Boulevard - is trying to buy the HUD home. He asked about the pipe along the creek. Also, HUD wants the house hooked up to sewer and water. Mr. Davidson explained the pipe along the creek is a permanent sewer line. Mr. Schrantz explained sewer and water is already in the street in front of that house. When the assessments are paid, the house can be hooked up to the utilities. Joline Klindal, 1680 Andover Boulevard - stated she signed the petition but is now opposed to it. She didn't realize what she was signing, feeling the petition was being misrepresented. Mayor McKelvey noted she is east of Kildeer; and according to the Staff proposal, she would not be assessed for utilities until she hooks up. MOTION by Knight, Seconded by Perry, to close the public hearing. Motion carried unanimously. Council discussed the proposal to complete all of Andover Boulevard and to defer the assessment for utilities for those east of Kildeer. It was generally agreed that it makes sense to install the utilities on the east end prior to upgrading the road, but several issues were raised. Council asked Staff to determine whether or not there are sufficient funds in the Sewer and Water Trunk Funds to carry those assessments that would be deferred and still have enough to pay for the other projects that have already encumbered the fund. They were also concerned about the adequacy of the petition. Finally, they asked for some assurances that the county will turn back the street to Andover, when that will take place, what contribution they would make toward the restoration, and a time frame in which the City would receive those funds. The Council then agreed to allow the Engineering firm to proceed with plans and specifications in the interest of time, since the plans could be used even if the project is delayed. But because of the issues raised, it was agreed to table the item for Staff to research them and report back to the Council. Mr. Davidson asked to work with Mr. Sulander to work out a whole assessment procedure for the entire area. Ms. Christopherson - asked if another public hearing will be held for input from those residents who did not sign the petition. Mayor McKelvey stated he will see to it that the residents are made aware of what is taking place. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 6 (Public Hearing: IP92-24/Andover Boulevard, Continued) MOTION by Jacobson, Seconded by Perry, that the City Council continue the public hearing on Project 92-24 with the following contingency: order the plans and specifications but put a hold on them at their completion. At the same time, directing the engineering firm and City Finance Director to look at the amounts of money left in the City Trunk Sewer and Water Funds, plus other projects that we are involved in to determine whether or not there is enough funds available if we were to defer the majority of the costs in this project. And also concurrently get a definite answer from Anoka County as to the amount and when the funds would be turned back to us for restoration on the road. And that nothing be done until those two items be taken care of and brought back to the Council. Move the public hearing to the first meeting in March to get those two answer. (See Resolution R025-93) Motion carried unanimously. 9:00 p.m. SPECIAL USE PERMIT/3131 161ST AVENUE/GROCERY STORE Abe Barqhout, 17734 St. Francis Boulevard. Anoka - explained the proposal is to open a convenience store with quick items. It will not be a franchise. Mr. Carlberg stated the parking lot is paved, though they will require the ordinances be met with regard to striping, the number of parking spots, etc. MOTION by Jacobson, Seconded by Dalien, the Resolution granting the Special Use Permit request of Abe Barghout to operate a convenience store on the property located at 3131 l61st Avenue NW, as presented. (See Resolution R026-93) Motion carried unanimously. APPROVE CIGARETTE LICENSE/3131 161ST AVENUE NW MOTION by Knight, Seconded by Perry, to approve the cigarette license for the Convenience Store at 3131 161st Avenue for 1993. Motion carried on a 4-Yes, l-present (Jacobson) vote. COMPREHENSIVE PLAN DISCUSSION Mr. Schrantz noted letters from developers on the item (See Regular City Council Meeting Minutes of January 19, 1993, Page 3). He also suggested that with a change in the Metropolitan Council and its Staff, there may be a willingness to negotiate further. Staff position is to accept the proposal at this time to ensure the 100 acres in the MUSA, which protects the City's investment in the sanitary sewer line already in the ground. Then the City can negotiate the matter further. After some discussion, it was the general feeling of the Council not to accept the proposal from the Metropolitan Council at this time, that is for 100 acres in the MUSA this year and to withdraw all further MUSA requests until the City and surrounding cities have conducted and Regular Andover City council Meeting Minutes - February 2, 1993 Page 7 (Comprehensive Plan Discussion, Continued) implemented a transportation plan for Highway 10. The feeling was the Met Council request will virtually stop development in the City for many years and it is unacceptable to expect the City to pay for and implement plans for a State road which is not even in the City. In addition, the request is discriminatory, as the cities in the southern and western areas of the seven-county area were not required to do this to get their roads upgraded and Comprehensive Plans approved. Staff was directed to write to the other cities involved to ask them if they will participate in the plan requested by the Met Council; and if not, would they be willing to attend a meeting as a group to discuss this further with the Metropolitan Council. It was also agreed Staff should ask for a meeting with the Metropolitan Council so the Mayor and Councilmembers, and those of the other cities who are willing to participate, can present the cities' position in an attempt to resolve the issue. Mr. Carlberg stated he will call tomorrow to get on the next available Metropolitan Council Development Committee Agenda. Winslow Holasek - asked if the proposal from the Met Council is not accepted, does it jeopardize the 100 acres. He felt it is important to protect the 100 acres in the MUSA offered by the Met Council. He asked when the City will make a definite decision. Council noted there is no time frame in which the City has to accept their proposal. The intent is to first exhaust all other means to reach an acceptable agreement. What is being proposed now is not acceptable, but they recognized the need to resolve the issue as quickly as possible. Mayor McKelvey hoped something can be resolved by the first Council meeting in March. Larv Carlson - stated the Metropolitan Council has already set a precedent on how it reacts toward the highway system on the north side with the years of stalling on the 610 bridge. It finally took a citizens committee to force them to act. He predicted Highway 10 would receive the same priority, that is all the funding will continue to go to the south and west and nothing will be done with Highway 10 for years. With Governor Carlson's warning to the Met Council to do something, he suggested maybe they are doing something by saying "No" to Andover and the northern communities. Mayor McKelvey also heard rumors of the intent to split the representation of Anoka County on the Met Council, which would leave Anoka County with virtually no representation. He stated the North Metro Mayors' Association will be taking a stand of having one appointment from Anoka County. The item was tabled until after the meeting of the Council with the Metropolitan Council. APPROVE PRELIMINARY PLAT/TIMBER MEADOWS Mayor McKelvey noted the recommendation of the Planning and Zoning Commission to approve the preliminary plat with the extension of Poppy Regular Andover City Council Meeting Minutes - February 2, 1993 Page 8 (Approve Pr~7iminary Plat/Timber Meadows, Continued) Street. Councilmember Jacobson questioned the variances on Lots 4 and 5, Block 4 and Lots 4 and 11, Block 3. He felt they could be eliminated by removing one of the lots. Bvron Westlund, Woodland Development - explained the lots could meet the minimum lot area requirements by removing significant trees and bringing in fill; however, they moved the lot lines to allow for building sites without having to remove trees and to avoid the wetlands. This was done according to the Tree Preservation Policy. MOTION by Knight, Seconded by Perry, the Resolution approving the preliminary plat of Timber Meadows as being developed by Woodland Development Inc., as presented. (See Resolution R027-93) DISCUSSION: It was noted the resolution requires Poppy Street be extended between 167th and 168th. Mr. Westlund had a copy of the preliminary plat showing that road extension. Motion carried unanimously. KADLEC CONSTRUCTION SKETCH PLAN Mr. Haas reviewed the comments of the Andover Review Committee, noting the only concern on the plat, which consists of 14 lots of 2.5 acres each, is the intersection of 153rd Avenue at Round Lake Boulevard. They will continue to work with the Anoka County Highway Department to be sure a jog is not created with 153rd coming from the west. , Council gave conceptual approval of the sketch plan but was also concerned with that intersection, as Round Lake Boulevard is a very busy street. Mr. Haas stated the developer will have to meet the requirements of the Coon Creek Watershed Board regarding the low land. Mr. Kadlec was told to proceed with the preliminary plat. REZONING/ECHO RIDGE Mayor McKelvey noted the recommendation from the Planning and Zoning Commission to approve the rezoning request of Tony Emmerich Construction, Inc. to rezone property from Industrial to R-4, Single- Family Urban. Councilmember Jacobson was concerned that with the rezoning, there is a small area of industrial property left between Hanson Boulevard and residential with no buffer for the residential area. All other industrial property is north of the proposed Commercial Boulevard. He suggested that area also be made R-4 north of the existing R-4 zone to Commercial Boulevard. Tonv Emmerich - asked that that small area remain industrial. The power line splits the property and eventually Hanson Boulevard will be a four- lane highway, so it is not very good for residential housing. He thought a small portion of the Mardaus property was zoned industrial as well. Mr. Carlberg stated all of the Mardaus property is zoned R-4. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 9 (Rezoning/Echo Ridge, Continued) Mr. Emmerich - questioned that zoning and suggested it be researched further. In any event, he plans to have his office building in that location and potentially a warehouse. As long as he controls the land, nothing objectionable would be put on that industrial property. Council thought it may be preferable to downzone the property to commercial. Mr. Emmerich - preferred to have the industrial zoning remain at this time until he is sure what the property will be used for. He expressed some frustration that the proposed rezoning has been before the Council on several occasions, but no objection was ever raised until now. Councilmember Jacobson noted the rezoning goes into Jay Street with the understanding that it will eventually be closed off; however, that decision has not yet been made by the Council. Does the rezoning automatically commit the City to that closing? Mr. Carlberg said no. If it isn't rezoned now, it would remain industrial. Mr. Schrantz suggested the legal description of the rezoning be checked to be sure the rezoning meets the R-4 zoning to the west. MOTION by Knight, Seconded by Jacobson, the Resolution granting the rezoning request of Tony Emmerich Construction, Inc., to rezone property to be known as Echo Ridge from I, Industrial to R-4, single Family Urban. (See Resolution R028-93) Motion carried unanimously. The Council felt more discussion is needed on the remaining piece of industrial property south of the proposed Commercial Boulevard, suggesting that be a discussion item at a future meeting. They wanted to protect the residential area from heavy industrial use. Mr. Carlberg stated there is little difference in uses between General Business and Industrial, as many of the heavy objectional uses have been removed from the ordinance. General Business actually allows more uses. Council asked that this be added to a future agenda and asked for a clarification of the zoning on the Mardaus property. APPROVE ECHO RIDGE PRELIMINARY PLAT Tony Emmerich - stated the existing house is in good shape. The Building Official has gone through it and listed the items to be done. Council noted the power line easement must be extended northward on the plans through Outlot A & 136th. Mr. Emmerich said it will be corrected. Councilmember Jacobson stated the Council is not necessarily approving the closing of Jay Street with the approval of this plat. Mr. Emmerich stated the Planning Commission recommended the closing with a green space to allow emergency vehicles to come through. That would not be a problem. Mr. Schrantz stated by approving the plat, the Council is agreeing to vacate that portion of Jay Street. A public hearing will be held to vacate that portion of the street at the time of the final plat. The final plat cannot be recorded until that area is vacated. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 10 (Approve Echo Ridge Preliminary Plat, Continued) MOTION by Knight, Seconded by Jacobson, the Resolution approving the preliminary plat of Echo Ridge as presented, noting the easement on the power lL", has to be corrected. (See Resolution R029-93) Motion carried unanimously. FEASIBILITY REPORTS: ECHO RIDGE/COMMERCIAL BLVD/IP92-16, PHEASANT GLEN MOTION by Perry, Seconded by Knight, that we table Agenda Items 10, 11 and 12 of tonight's meeting and reschedule them to a work session to be held on Wednesday, February 10, 1993, at 7:30 p.m. at the City Hall. Motion carried unanimously. Mr. Schrantz explained Mr. Emmerich is anxious to proceed with his plat and agrees with the feasibility report for Echo Ridge. Mr. Haas stated some residents to the south of Echo Ridge are concerned about the storm water drainage and their large trees abutting the easement. Mr. Emmerich stated if it becomes a problem, they will shift the line over. They will make every effort to save the trees. MOTION by Perry, Seconded by Jacobson, the Resolution accepting the Feasibility Study for Echo Ridge, also known as project IP92-29, as presented. (See Resolution R030-93) Motion carried unanimously. ORDER CONDEMNATION/PHEASANT MEADOWS/IP92-10 There was some question as to whether the City is involving itself in a private matter. Mr. Schrantz explained the easement is needed to complete the storm sewer for Pheasant Meadows, but it will also serve the proposed Pheasant Glen plat. pheasant Meadows cannot be completed without this easement, and the Hursts are not willing to provide it. Roqer Hokanson - stated they do have an agreement with the Hursts, but he understands they want this condemnation ordered to get things moving faster. The hold up on the agreement with the Hursts is they want the garage on the north side of the house, which does not meet City code. Further discussion noted the easement consists of five or six feet on the edge of the Hurst property and does not involve the house or garage in dispute between the private parties. MOTION by Jacobson, Seconded by Dalien, that the City Council authorize the City's legal counsel to begin condemnation proceedings against parcel PIN 34-32-24-43-0001 in order to install storm drainage which is necessary for a plat to the south of this property, and that the City Council determines there is an overriding public interest in installing this particular storm sewer construction at the present time and by delaying it would be extremely costly and non-productive to other parties involved; and because of this, we authorize the legal counsel to proceed in this project. City Council understands that no matter what happens to the proposed plat to the north, that the cost of the storm sewer construction will be borne by Hokanson Development. Motion carried on a 4-Yes, l-No (Perry) vote. Councilmember Perry felt the City is involved in something it should not be. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 11 ORDER CONDEMNATION/COMMERCIAL BOULEVARD MOTION by Jacobson, Seconded by Perry, to continue this item to the work session on the 10th. Motion carried unanimously. RECONSTRUCTION OF ROUND LAKE AND BUNKER LAKE BOULEVARDS/IP91-22 .I< 28 Mr. Haas explained the county is working on the plans for the reconstruction of Round Lake and Bunker Lake Boulevards. They have asked if the City is interested in constructing the watermain in those areas where the City has an interest. The Staff is asking that a feasibility study be done for three areas so costs can be determined. If the Council then wishes to proceed, the plans and specs can be ordered and the county will have their contractors bid the work as one project. Then the City will not have to pay for restoration costs. The Council was concerned about whether or not there is enough money in the Trunk Sewer and Water Funds to cover the costs of these projects, especially noting the discussions earlier this evening of using those funds to cover a portion of the Andover Boulevard project plus other projects that have already encumbered the funds. John Ouick, 13511 Round Lake Boulevard - stated he has never been notified that all this construction will be taking place. Staff noted the informational hearings held last year and suggested they contact City Hall to be sure they are on the City's mailing list. Mr. Ouick - stated once water goes past his place, then he'll get assessed for it, just like they did for the sewer. Council indicated the road is being done by the county, but the proposal for the water line is to not assess it at this time. Loren ? . 3412 136th Lane - asked if Andover is objecting to the reconstruction of Bunker Lake and Round Lake Boulevards. He was told by Anoka County engineers that Andover has asked for the street behind the clinic. Council indicated the City has no say in the county roads, that the county approached the city about the project. The county wants to build the street behind the clinic for access for the church. That Round Lake Boulevard is one of the major north/south thoroughfares has always been the county's plan, but the City has asked to have input into the proposed project for the interest of the church and the residents in Chapman's. No decisions have been made regarding a street behind the clinic; but the county will be coming to the City for approval of the plans and specs for the entire project. Mr.? - was concerned that a public hearing is held on the issue. Council indicated they have not yet heard anything from the county, but residents will receive letters when the hearing is held. Council agreed to have the feasibility report done to determine costs and asked that a report on the Trunk Sewer and Water Funds be done as well. MOTION by Jacobson, Seconded by Perry, that we authorize the engineers to do a feasibility study on the three areas outlined in Item 15 and get back to the City. (See Resolution R031-93) Motion carried unanimously. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 12 PLANS AND SPECS/PUMPHOUSE NO. 4 MOTION by Perry, Seconded by Knight, the Resolution approving final plans and specifications and ordering advertisement for bids, Project 92-13, as presented (See Resolution R032-93) Motion carried unanimously. Council recessed at this time, 11: 00; reconvened at 11:07. HIRE PUBLIC WORKS EMPLOYEES Frank Stone, Public Works Superintendent, requested approval to hire John Wallace as Mechanic at the rate of $12.50/hour with a $0.50/hour increase after satisfactory completion of 6-month probationary period, and Tom Johnson as Maintenance Person, 8. 94/hour with a $0. 40/hour increase after satisfactory completion of a 6-month probationary period. MOTION by Knight, Seconded by Perry, to approve the hiring requested for public works employees. Motion carried unanimously. ADOPT LICENSE FEES/GARBAGE HAULERS MOTION by Knight, Seconded by Jacobson, to accept the recommendation of Staff and set the fees at $25 per license and $15 for each additional truck. Motion carried unanimously. APPROVE CONSULTANT/ORDER PLANS/CITY HALL PARK COMPLEX 12 Councilmember Jacobson suggested the park provide a mix of activities for everyone in the community, especially for those who do not play sports. Mr. Haas explained the consultant will design a site plan for the complex. Funds for the site plan will come from park dedication funds. A tennis court has not been proposed because there does not seem to be a large interest in it. There is also a question on the three houses that are close to the county road. The county is planning to reconstruct that portion of Crosstown Boulevard in 1994, and condemnation may be necessary. Mayor McKelvey reported the Army Reserve has agreed to donate their time to do the grading and to construct the concession building. They would construct a high dirt buffer behind the houses, plus install the water and sewer lines, the electrical for the building and underground wiring. Mr. Carlberg stated he has talked to the Metropolitan Council Staff about putting this area in the MUSA so the facility can be served by municipal sewer. He didn't see a problem. MOTION by Perry, Seconded by Dalien, to approve the firm of Hakanson Anderson Associates, Inc., to prepare the plan for the City Hall Complex No. 2 at the proposed cost of $11,150. Motion carried unanimously. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 13 NON-DISCUSSION ITEMS MOTION by Knight, Seconded by Jacobson, approval of Items: 22. Amend Ordinance No. 42 (Fire Department Ordinance) 23. Approve 1993 Fire Department Election Results (Fire Chief, Dale Mashuga; Assistant Chief, Dave Reitan; Secretary, Larry Capeling) 24. Authorize RFPs for Oak Wilt Control Plan/Tree Commission 25. Release Letter of Credit/Creek View Crossing 26. Approve Resolution City Council Meeting Video Tapes (See Resolution R033-93) 27. Approve Change Order #2/Approve Final Payment - IP92- 27/Streets and Storm Sewer/Meadows of Round Lake (See Resolution R034-93) 28. Approve Change Order #3/Approve Final Payment - IP9l-27, Sewer and Water/Meadows of Round Lake (See Resolution R035-93) 29. Approve Final Payment/IP92-2/Weybridge 2nd (See Resolution R036-93) 31. Approve Miscellaneous Agreements (Agreement with District #ll/partial reimbursement for the D.A.R.E. Program; Accept settlement with Weidema Excavating for amount of bid bond) Motion carried unanimously. APPROVE 1993 PARK CAPITAL AND PARK DEDICATION BUDGETS Park and Recreation Commission Chairperson Jeff Kieffer stated there has been some confusion about the Park Budget. The actual budgeted amount was approximately $48,000, but $20,000 is for Kelsey-Round Lake park and $20,000 is up-front money which must be spent and then will be reimbursed by the grant. When the grant funds come back, they will be placed in the General fund, and the Park Board is requesting that it be put back into the Park fund. Mr. Sulander explained the $20,000 for up-front money was not budgeted in the Park fund but in the General Fund in the Contingency section. That money is anticipated to be reimbursed by the grant monies, which will then be returned to the Contingency section unless the Council chooses to do otherwise. That same circumstances occurred in 1992, and the Council moved to reserve the $40,000 for appropriation in 1993 under the same circumstances. Council acknowledged the $20,000 is in essence a loan to the Park Board until it is reimbursed with grant funds. No change to the $28,475 in the 1993 Park Capital Budget was recommended. Chairperson Kieffer questioned the Council's decision to take the road assessments for Timber Trails out of the Park Dedication Fund. The Commission doesn't feel the funds should be used to pay for assessments. Council thought it had always been done that way and took no action. MOTION by Perry, Seconded by Knight, approval of the 1993 Park and Recreation Capital Outlay Budget and Dedication Budget as presented. Motion carried unanimously. Regular Andover City Council Meeting Minutes - February 2, 1993 Page 14 RESCHEDULE MEETING/JUNKYARD TASK FORCE Council agreed to reschedule the meeting to February 17, 1993, 7:30 p.m. at the Andover City Hall. APPROVE CLASSIFICATION AND SALE OF FORFEIT LAND MOTION by Perry to authorize Staff to purchase forfeit property Lot 7, Block 6, Nordeen Addition at the next land sale; the purpose of the purchase is to use the property as ponding. Motion dies for lack of a Second. The other Councilmembers did not feel the lot was needed. ORDER PLANS AND SPECS/PINEWOOD ESTATES 2NDIIP93-2 Mr. Schrantz indicated the developer has escrowed the money and wishes to proceed as soon as possible. MOTION by Jacobson, Seconded by Dalien, to accept the feasibility study, waive the public hearing, order the improvement,and authorize the plans and specifications as presented. (See Resolution R037-93) Motion carried unanimously. MAYOR AND COUNCIL INPUT Mayor McKelvey requested the issue of joining the Northern Metropolitan Mayors' Association be added to the next agenda for discussion. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Knight, the Schedule of Bills dated 1-29-93 in the amount of $272,445.31. Motion carried unanimously. MOTION by Jacobson to adjourn. Mayor McKelvey adjourned the meeting at 12:00 midnight. Respectfully s~ ~~""~. ,,:t Recording Secretary