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HomeMy WebLinkAboutCC October 5, 1993 ~ CITY of ANDOVER Regular City Council Meeting - October 5, 1993 Call to Order - 7:30 p.m. Resident Forum Agenda Approval Approval of Minutes Discussion Items I. Amended Special Use permit/propane Tank/Total Mart 2. Special use Permit/17395 fianson Boulevard 3 . Rezoning/Ashford Development/Sections 25 and 26 4. Wittington Ridge preliminary Plat S. Boulevard Encroachment Ordinance No. 95 6. Appeal to Ordinance 95/14971 Bluebird Street NW, Cant. 7. Appeal to Ordinance 95/1469 - 140th Lane NW, Cont. Staff, Committees, Commissions 8. City Hall Expansion Discussion Non-Discussion Items 9. Declare Cost/Order Assessment Roll/92-20;Woodland Creek 3rd 10. Adopt Assessment Roll/92-20;Woodland Creek 3rd II. Declare Cost/Order Assessment Roll/92-24/Andover Boulevard 12. Receive Assessment Roll/Order Hearing/92-24/Andover Blvd. 13. Declare Cost/Order Assessment Roll/92-18/Jay Street 14. Receive Assessment Roll/Order Hearing/92-18/Jay Street 15. Declare cost/Order Assessment Roll/92-29/Echo Woods 16. Declare Cost/Order Ass~5sment Roll/89-18/Storm Sewer 17. Receive Assessment Roll/Order Hearing/89-18/Storm Sewer 18. Receive Assessment Roll/Order fiearing/92-30/l805 Andover 19. Receive Assessment Roll/Order Hearing/93-1S;Watermain 20. Receive Assessment Ro11/0rder Hearing/93-19;Watermain 2I. Accept Easement/Commercial Blvd/Kottke Bus 22. Award Bid/93-11/Emerçld Glen 23. Partial Release of Woodland Pond plans & Spe~s ESC['Oitl Mayor/Council Input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 5, 1993 TABLE OF CONTENTS RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 AMENDED SPECIAL USE PERMIT/PROPANE TANK/TOTAL MART · · · · · · · 2 Motion to refer back to Planning Commission · · · · · · · · · 3 SPECIAL USE PERMIT/17395 HANSON BOULEVARD Resolution R227-93 to deny · · · · · · · · · · · · · · · · · 4 REZONING/ASHFORD DEVELOPMENT/SECTIONS 25 AND 26 · · · · · · · · · 4 Motion to approve (dies for lack of a Second) · · · · · · · · 10 Motion to table to November 16 · · · · · · · · · · · · · · · 10 WITTINGTON RIDGE PRELIMINARY PLAT Resolution R228-93 to approve · · · · · · · · · · · · · · · 13 BOULEVARD ENCROACHMENT ORDINANCE NO. 95 · · · · · · · · · · · · · 13 Motion to approve amendment · · · · · · · · · · · · · · · · · 14 APPEAL TO ORDINANCE 95/14971 BLUEBIRD STREET NW Motion to dismiss · · · · · · · · · · · · · · · · · · · · · · 14 APPEAL TO ORDINANCE 95/1469 140TH LANE NW Motion to deny · · · · · · · · · · · · · · · · · · · · · · · 14 PRACTICING FARMS ABUTTING DEVELOPMENTS · · · · · · · · · · · · · 14 NON-DISCUSSION ITEMS Resolution R229-93 declaring cost/ordering assessment roll/ IP92-20/Woodland Creek · · · · · · · · · · · · · · · · · 15 Resolution R230-93 adopting assessment roll/IP92-20/Woodland Creek 3rd · · · · · · · · · · · · · · · · · · · · · · · 15 Resolution R231-93 declaring cost/ordering assessment roll/ IP92-24/Andover Boulevard · · · · · · · · · · · · · · · 15 Resolution R232-93 receiving assessment roll/order hearing/IP92-24/Andover Boulevard · · · · · · · · · · · 15 Resolution R233-93 declaring cost/ordering assessment roll/ IP92-l8/Jay Street · · · · · · · · · · · · · · · · · · · 15 Resolution R234-93 receiving assessment roll/ordering hearing/IP92-lB/Jay Street · · · · · · · · · · · · · · · 15 Resolution R235-93 declaring cost/ordering assessment roll/ IP92-29/Echo Woods · · · · · · · · · · · · · · · · · · · 15 Resolution R236-93 declaring cost/ordering assessment roll/ IP89-18/Storm Sewer · · · · · · · · · · · · · · · · · · 15 Resolution R237-93 receiving assessment roll/ordering hearing/IP89-18/Storm Sewer · · · · · · · · · · · · · · 15 Resolution R238-93 receiving assessment roll/ordering hearing/IP92-30/1805 Andover Boulevard · · · · · · · · · 15 Resolution R239-93 receiving assessment roll/ordering hearing/IP93-l5/Watermain · · · · · · · · · · · · · · · 15 Resolution R240-93 receiving assessment roll/ordering hearing/IP93-19/Watermain · · · · · · · · · · · · · · · 16 Accept easement/Commercial Boulevard/Kottke Bus · · · · · · · 16 Partial Release of Woodland Pond plans and Specs Escrow · · · 16 CITY HALL EXPANSION DISCUSSION · · · · · · · · · · · · · · · · · 16 SEWER INSPECTOR/MAINTENANCE POSITION/FULL TIME Motion to approve · · · · · · · · · · · · · · · · · · · · · · 16 FIRE CODE ON DEVELOPMENT ROADS · · · · · · · · · · · · · · · · · 17 AWARD BID/IP93-11/EMERALD GLEN Resolution R24l-93 to award bid · · · · · · · · · · · · · · · 18 MAYOR/COUNCIL INPUT Stop Signs in Red Oaks · · · · · · · · · · · · · · · · · · · 18 Potential TIF District South of the Landfill · · · · · · · · 18 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 19 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 5, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on October 5, 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 Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Su1ander Others RESIDENT FORUM Bonnie Dehn - has been requested by the growers in Andover to ask the Council for recognition as active farmers in the City. As new development occurs adjacent to the farmers, they want the new residents to be aware that they are adjacent to an active, practicing farm and all that entails. 11.S farmers, they employ a lot of local people, with Dehn' s Gardens employing 31 local residents alone. She asked that the item be placed on the Agenda for consideration of a disclosure and disclaimer for the new developments that those new residents be made aware of the farming practices adjacent to them. The Council agreed to add the item to the Agenda. Jerrv Windschitl, Ashford Development - asked that an item be added to the agenda to discuss the ability to get building permits in Emerald Glen prior to the laying of blacktop on the roads. He was informed today that there is a provision in the Fire Code that says they must have a second system of roads in the project and that they will not get building permits if that code is not met. They are almost ready to execute the Development Agreement, after which they planned to pull building permits. This change has a drastic effect on this project and possibly Winslow Hills as well, effectively shutting them down until next May. It was his understanding that this item was referred to the Development Task Force and that any change would be applicable to new developments, not those in process. Mayor McKelvey stated he was only made aware of this change in policy this evening. Attorney Hawkins summarized the provision in the Fire Code to provide adequate access to houses that are more than 150 feet from an adequate road to provide adequate fire and ambulance protection for the property owner. It has been utilized in another community. Mr. Winds chit 1 - stated the other community is Lino Lakes; and to their knowledge, no other cities is enforcing this particular code. There is a relatively broad exception in the Fire Code that he thought the other cities are using to not require this. After a brief discussion, the Council agreed to add the item to the Agenda. ( /'fI\~ ~. t?Y'- I DI J<t 93 Regular Andover City Council Meeting Minutes - October 5, 1993 Page 2 (Resident Forum, Continued) Hubert Smith, 13309 Jav Street - learned today that the assessment hearing for Jay Street will be held on October 19. He is asking that it be moved to November 2 because he is unable to attend that hearing and his assessment is rather complicated. He explained the Council had agreed that he should receive one unit because of the undevelopable land, and that was reflected in the feasibility study done in August, 1992. For storm sewer, it would corne to $926 per lot; however, he is being assessed more than $3,100. City Staff is now telling him that this was not the understanding for the IP89-l8, storm sewer, just for IP92- 18, the streets. Mr. Haas stated the hearing can be moved to November 2, but cautioned that the Council must make a decision at that time in order to certify the assessment roll with the county for the 1994 taxes. The Council agreed to the change in the hearing date to November 2, 1993, for Items 14 and 17 of the agenda, Projects 92-18 and 89-18. AGENDA APPROVAL Add Items 7a, Practicing Farms Abutting Developments; 8a, Sewer Inspector/Maintenance Position/Full Time; and 8b, Fire Code on Development Roads. Mr. Carlberg stated he has contacted Mr. Mistelski regarding the requested Special Use Permit which was tabled at the September 21, 1993, meeting. He has not had time to research the item, and Mr. Mistelski has agreed to continue the item to the October 19, 1993, Regular City Council meeting. MOTION by Perry, Seconded by Knight, to approve the amended Agenda. Motion carried unanimously. APPROVAL OF MINUTES September 21, 1993: Page 9, fourth line of motion, correct to, "...two, three or four stop signs, depending..." Tenth line of same motion, correct to, ".. .installing nonsurmountable curb, speed bumps..." MOTION by Knight, Seconded by Perry, approval with the change. Motion carried unanimously. AMENDED SPECIAL USE PERMIT/PROPANE TANK/TOTAL MART Mr. Carlberg reviewed the Planning Commission's recommendation to approve the request of Total Mart dba Q Midwest to install an above- ground 1, OOO-gallon propane tank at 13725 Crosstown Drive NW. There were concerns about the location in relation to Crosstown Drive and Bunker Lake Boulevard, and the recommendation was to move it further to the south. Staff, the Fire Marshal, and the Anoka County Highway Department have looked at the new location. Anoka County has some concern about the location in the future when Bunker Lake Boulevard is upgraded to four lanes and more right of way may be need to be acquired through that area. Staff still has some safety concerns. The drawings received today indicate the tank would be located 18 feet from Bunker Lake Boulevard and 23 feet from Crosstown Drive. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 3 (Amended Special Use Permit/Propane Tank/Total Mart, Continued) Dorothy Ritz, one of the owners of 0 Midwest - stated the gas company has agreed to concrete-filled steel posts around the tank to protect it. The location could be moved farther away from Bunker Lake. There are some vent pipes about 25 feet from the proposed location, but she didn't know how many feet they would be required to stay away from those pipes. Secondly, if Bunker Lake Boulevard is widened in the future, they would request to install the tank until that happens. If necessary in the future, they would move it, discontinue it or downsize it if required. They are leasing the convenience store. The video is leased separately. They have opposed putting the propane tank in the northern parking area because it cannot be seen from the store for a service standpoint. Their store employees would fill the tank for the customer; but for a safety standpoint, there must be visual contact from the store. Ms. Ritz stated very little of their service would be to RV's; the majority would be to have individual tanks filled. They had talked about identifying one parking spot for propane customers only and keep the same number of parking spaces. Mayor McKelvey thought the corner of the parking lot to the north could be seen from the counter within the store; and he felt that the location just around the island by the entrance would be a much better location for the propane tank. It would be away from Bunker Lake Boulevard and farther from the gas tanks and vent pipes. There was some discussion on the size of the parking lot and number of parking spots required. Mr. Carlberg stated presently there are four or five extra spaces, though each stall size is one-foot narrower than the ordinance requires. If there should be further development of the parcel to the north, those parking spots would be utilized. It would not be practical to locate the tank to the east because of the distance between the building and the property line, nor to the south because of the lack of windows in the building and the refuse disposal in that location. The Council also recalled there was some problem with parking and traffic flow when the area was remodeled and variances were granted. They also shared the concerns of the Staff from a safety standpoint with the proposed location of the tank, especially because of the dangerous intersection. Ms. Ritz - stated they have received permission from the owner to install a propane tank on the site. She did not know if there would be an objection to it being installed in the location proposed by the Mayor. She was willing to go back to the owner specifically with a new location request. MOTION by Perry, Seconded by Knight, that the Agenda Item 1, Amended Special Use Permit/Propane Tank/Total Mart, be referred to the Planning and Zoning commission to look at other possible locations on the site to determine whether or not the owner of the property would allow a different location and also to determine what impact that would have on any future development of the northern portion of the site. And to review the original application and the variances that were granted at that time. DISCUSSION: It was noted the October 12 Planning Commission meeting has been cancelled, so this would not be back before the Council for at least six weeks. ~ -- ~ Regular Andover City Council Meeting Minutes - October 5, 1993 Page 4 (Amended Special Use Permit/Propane Tank/Total Mart, Continued) Ms. Ritz - stated they would like the tanks installed as soon as possible, but they are willing to abide by the Council's time line. Councilmember Jacobson noted the Planning Commission Minutes indicated they did look at the northern site and rejected it because a parking space would be eliminated and the turnaround issue. Mayor McKelvey thought they were looking at the north end of the parking lot, not by the island next to the entrance where it would take up less than one parking space. Also, Crosstown Drive is completed to its ultimate width with sidewalks. Councilmember Jacobson argued it would then be next to Crosstown Drive and felt it would be more dangerous located next to an ingress/egress. Ms. Ritz - stated the corner seems to be well bermed, plus there will be stakes around it. She also explained they have found the propane tank exchange method to be very costly. It is a possibility but is not as good of a value as the propane tank method. Motion carried on a 4-Yes, I-No (Jacobson) vote. SPECIAL USE PERMIT/17395 HANSON BOULEVARD Mr. Carlberg reviewed Planning Commission's recommendation to approve the request of Dirk Fenna to construct a 40' x 60' accessory structure prior to the construction of a principal structure. Dirk Fennq - stated in reviewing his finances, he would not be able to construct the principal structure within one year. He felt he could do it within two years of building the accessory structure. Council and Staff explained the stipulation of constructing the principal structure within one year is because it is not desirable to have accessory buildings on parcels without a home because of vandalism, that it is a safety issue for the resident to watch over the building, and that the stipulation has always been within one year or as soon as possible. Mr. Fenna - again didn't think he could construct a house within a year, that he may just have to put off building the pole barn. He hoped to construct the pole barn to store his items like a boat so he doesn't have to continue leasing space for that storage. MOTION by Perry, Seconded by Dalien, the Resolution denying the Special Use Permit request of Dirk Fenna to construct a 40' x 60' accessory structure prior to the construction of a principal structure at 17395 Hanson Boulevard NW¡ and the reason for the denial is that Mr. Fenna has indicated he cannot meet the requirement of construction of the principal structure within one year of approval of the Special Use Permit. (See Resolution R227-93) Motion carried unanimously. REZONING/ASHFORD DEVELOPMENT/SECTIONS 25 AND 26 Mr. Carlberg reviewed the request of Ashford Development to rezone property from R-l, Single Family Rural, to R-4, Single Family Urban for - -- - Regular Andover City Council Meeting Minutes - October 5, 1993 Page 5 (Rezoning/Ashford Development/Sections 25 and 26, Continued) 80 acres east of the railroad tracks, south of Andover Boulevard and for 17 1/2 acres adjacent to prairie Road. That area has also been included in the request for the Major Amendment to the Comprehensive Plan for MUSA expansion. The Planning Commission held the public hearing where there was a lengthy discussion and concerns raised by the residents. The Commission recommended approval. Councilmember Jacobson questioned why the wetland and lowland areas are rezoned as well. Mr. Carlberg explained the process has always been to rezone contiguous areas rather than leaving a patchwork of R~l designations. The zoning on the undevelopable property should be consistent with the adjacent property. The designated floodway and floodplain areas will be designated and controlled by the LGU and other regulatory agencies. Jerrv Winds chit 1 , Ashford Development - stated all of the land they own is shown on the map and is being requested for rezoning. On all development, they have to go through a wetlands delineation; and those areas will become unbuildable or very limited building. Pat Schroeder. 720 Andover Boulevard NW - was not satisfied with the Staff answer that the wetlands must be rezoned as well. Her property is adjacent and zoned R-l, so the creek should stay R-1 as well. The entire section north of the creek should stay R-l, as it is serious wetland. She is concerned with her 12 acres of pasture which is wet a lot of - times each year. It is okay for horses but not for roads and houses. Also, she didn't feel the Minutes of the Planning Commission adequately represented the comments of the residents. On Page 9, it failed to mention that she would vote to keep the property R-l, and other people feel the same way. The Minutes do not reflect why the Chairperson abstained from voting. She also felt that the uses of the highland needs to be looked at, as there are ponding areas that are not supposed to come back but do. On Page 8 of the Minutes, she remembered talking about the effect of the development on the school system, on Highway 10, plus the additional need for police. She said at least one other person brought that up as well, which is not reflected in the Minutes. When she asked why additional land needs to be zoned for urban housing, Staff said there is a need for more houses to service the existing sewer trunk lines. That wasn't noted in the Minutes. Ms. Schroeder stated her scenic view will be destroyed with a lot of houses there. The people on prairie Road are concerned about not being able to keep people out of their pastures. There was also a rather vehement argument between Commissioner Apel and members of the audience which wasn't mentioned in the Minutes. Planning and Zoning Commission Chairperson Bonnie Dehn stated she read the Minutes for approval with her perspective. She felt the Minutes were written as always -- concise, to the point, but there are always gaps. Commissioner Apel was reprimanded at the time. She abstained from the vote because she felt the City should progress in an orderly manner for development, more or less what is foreseen in the Comprehensive Plan. But people who are abutting the new developments need to be heard and their concerns are valid. She sees both sides of the issue -- both development in an orderly fashion but also citizens' rights to express their concerns, which are very valid. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 6 (Rezoning/Ashford Development/Sections 25 and 26, Continued) Mark Menth. 14122 prairie Road NW - was before this Council about five years ago for the same reason. He bought a house in Andover because it is a rural community close to town and was told the zoning would remain the same for quite some time. Shortly afterward he was before the Council about a rezoning and then received an urban development next to him, Old Colony Estates. About a year ago he purchased a house on prairie Road after the City Staff said there would be no development in that area for eight to ten years. Now all of a sudden there is talk of a rezoning, which is along two complete sides of his property. He's here because it is a rural community, but he's seeing the City growing; but he doesn't believe urban neighborhoods are the answer. He felt people live here because they like a little breathing space, and that is not what is happening in the City. He felt it is turning into a mess and is real unhappy about what is going on. He felt it should be 2 1/2-, 5-, and 10-acre lots which will provide taxes. Is the City for the people here now; or is it for, what one Planning commissioner said, looking out for the people who want to move here? Mr. Menth felt the Council should be looking out for the people who do live here and keep Andover as a unique community with some breathing room. He's definitely opposed to this, and there's not one person along prairie Road that favors it. The Commission also mentioned the residents should have been on the committee when the Comprehensive Plan was done, but he didn't know about it. He asked the Council to seriously think about the rezoning, realize - what the residents think, and keep Andover a rural community. Linda Mazzei, 935 Andover Boulevard NW - asked if the Council is aware of the original homesite of the City of Andover, that the corner is Andover. One corner has already been ruined with artifacts covered up and property torn up that were original home sites of the City of Andover. She'd like to see one piece of Andover saved, which would be that corner. There is natural prairie grass in that area, though she didn't have specific locations. The area is beautiful, and it will be ruined with urban development. Ed Gritten, 14157 prairie Road - moved into the community for a certain quality of life, that being to be in a rural community and to have some horses. With this rezoning, a problem is created with liability for himself and his neighbors; because children cannot be kept out of fenced property. He's already had to chase children out of his neighbor's property because they wanted to pet horses. He asked if a preliminary plat or some use of the property is required before it can be rezoned. Mr. Carlberg stated the applicant has indicated his use of the property is for urban housing. The exact lot layout is not required for a rezoning. Mr. Gritten - felt that is strange. In a previous item this evening a person presented a rationale argument for use of 20 acres, which was denied to avoid setting a precedent. Yet it seems like this is property is arbitrarily being rezoned because the owner wants to develop it. Mr. Carlberg explained this is consistent with the requested Major Amendment to the Comprehensive Plan, and he summarized the process taken to determine the guidelines in that Plan. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 7 (Rezoning/Ashford Development/Sections 25 and 26, Continued) Mr. Gritten - stated he researched his property before buying it and was told that it would be well into the year 2000 before sewer and water would come into that area. Now he is faced with a financial hardship, having 330 feet across the front, which he hadn't anticipated when moving into the area. They are not in favor of the rezoning at all. Paul Mazzei, 935 Andover Boulevard NW - stated whatever Mr. Windschitl builds, he looks at. The letter and petition from 31 or 32 people should indicate that there are more people than speaking this evening that do not want this rezoning. They are in the immediate area and should be taken into special consideration. He's told the sewer won't affect them, but he's seen it before and things do change. If this goes through, there will be at least 31 people who won't vote for those on the Council now. Dave Grorud, 14545 Palm Street - owns seven acres of land and echos what Ms. Schroeder related that some of the information was not set forth. He asked why is this being done now, and why should it ever be done. At the Planning Commission the only argument was because there was a lot of time put into the Comprehensive Plan. He doesn't know when that was done, and he suspected a lot of residents don't know either because people don't respond to "work on a Comprehensive Plan" as they would to - a "rezoning" which directly affects them. He felt the Council should take that into consideration, that the residents are questioning if that is the most desirable Plan. There are strong reasons why there shouldn't be sewer in that area. He talked with Richard Thompson of the Metro Council to find out the status of the application to expand the boundaries, because he got the impression that this was etched in stone and that the resident's concerns would not be a factor. He was made aware that the plan that was submitted was done so quite some time ago but that there were areas considered to be incomplete. In fact, the person he talked to didn't even know that wetlands were involved. And so it was only last week that the 90-day review process began. There will be a committee meeting in about six weeks where the residents can show up again in St. Paul and try to convince the Metro Council not to expand the boundaries in Andover. They will take into account items that they as residents are trying to get the City Council and Planning Commission to consider. He also understands that because of the wetlands, which was raised by one of the residents after the hearing, Met Council representatives will be coming out this Friday with one of their engineers for a visual inspection. Mr. Thompson also found it somewhat unusual to have the rezoning go through before the boundary has been approved. Once gain, he asked why do this now? In fact, he was even told by City Staff that it is more normal to have a preliminary plat along with the rezoning request. It gives all of them a lot more information as to what will be going in there. So why rezone now when you don't have as much information as with the Metro Council analysis and the plat? Rather than rezone because there is a request to expand the sewer boundary, change the request. He felt the railroad is a natural boundary to separate the higher density housing on the west side from the wetlands on the east side. The job of zoning is to make the "----.- Regular Andover City Council Meeting Minutes - October 5, 1993 Page 8 (Rezoning/Ashford Development/Sections 25 and 26, Continued) uses compatible, and the railroad provides that natural boundary. When the Comprehensive Plan was done in 1982, when Mr. Windschitl was mayor, those tracks served as the reason why R-l was on the east side and R-4 was on the west side. He didn't see anything to justify a change. So not only is he totally against the rezoning, but he felt further thought should go into where to expand sewer and water. Should sewer be expanded into an area that will deadend in a wetland area; or will the sewer be ramrodded through the wetland, then have the same argument in two years that it needs to expand further to pay for it? He requested that no changes be made and to reconsider the application submitted. Mr. Carlberg stated the City did submit copies of the wetland inventory map indicating the areas to be developed. He is surprised by the response of Mr. Thompson, as the City has done everything possible to provide the information. He had just found out that the Amendment is complete for review. Also, the Council is aware of the procedures taken in preparing the Comprehensive Plan. Ed Fields. Round Lake Boulevard - was concerned about encroachment of residential development on agricultural land. The farmers have a large investment in the ditch system. As long as it is agricultural land, they can maintain the ditch; but as soon as residential property backs up to their land, the ditch becomes a sacred cow. There should be something in the ordinances to indicate to potential buyers of lots that the neighbor is in agricultural business and all that entails, such as spraying crops, dust, noise, cleaning of the ditches, etc. Councilmember Perry was on the Comprehensive Plan Task Force and reviewed the many efforts to inform the residents about what was being done and what was being proposed. One of the highest priorities they heard was that people wanted to preserve the rural character of the community; and they worked at doing that. This request is contiguous to the existing urban area and is a reasonable progression. The protection of the wetlands and of the prairie grass are governed by numerous state agencies, and the City Staff is going to insist that those regulations be adhered to as they review the plans. If there are areas of prairie grass that can be preserved, she strongly recommended that happen. One gentleman asked that development be considered in terms of R-l so development can be consistent with what exists and the expectations of those already there, those with hobby farms and uses not compatible with urban density. Councilmember Perry stated that was considered and noted the large portion of the City which is not included in any plan for sewer and water expansion. Mr. Carlberg didn't feel additional MUSA would be requested if this request is denied by the Met Council because of the position they have taken on the City's Comprehensive Plan. Several residents asked why they weren't told about the proposal to eventually have R-4 development in that area when they called City Hall. Someone had maps indicating their area would not be developed before the year 2000. They want to see the development consistent with what they were told. Mr. Carlberg stated the map drawn by TKDA in 1991 has been given to residents that indicates the time frames of development. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 9 (Rezoning/Ashford Development/Sections 25 and 26, Continued) Jerrv Windschitl. Ashford Development - stated all of the delineations work of the wetlands has been done. The estimated loss is about 25 acres that will not be platted. He is planning to put in some very large lots. Everyone knows they have to comply with the federal, state, and local requirements for wetlands. He simply cannot infringe on wetlands. He stated there are no historical sites on the property, no evidence of any structures on any of the property being requested for rezoning. One of the historical properties is on the north side of Andover Boulevard¡ the other is adjacent to it. There was a very extensive review of the various parcels as to prairie grass or related species. To the best of their knowledge, there are none. Much of the property was farmed for years until part of it was planted into a tree farm about 25 years ago. He also argued there has been a very large R-4 zone on the east side of the railroad tracks for many, many years. The sanitary sewer trunk line is either on his property or adjacent to it. The water line is also there already. He felt the horse issue is an indirect one, as it appears his land has been used by people for many years to ride horses. He thought the fear is the fact that the property won't be available for their horses in the future. He has not given permission to anyone to ride their horses or to ride dirt bikes which have torn up this property. He related the damage done by horses in Lot 19, Weybridge¡ however, he has not given permission to anyone to use that land. Mr. Windschitl countered the argument from Mr. Menth, as both of them purchased their property from the same owner. He purchased his property before Mr. Menth, charging if Mr. Menth had been that concerned with the use of the adjacent property, Mr. Menth could have contacted him personally. Mr. Windschitl stated the preliminary plat for the west side is at City Hall, and the work for the east side is being done at this time. They are trying to put in a first-class neighborhood to be a complement rather than a detriment. Councilmember Jacobson stated the Council represents both the people who are already here and the interest of those who are not yet here, and the Council tries to make judgements balancing the concerns of both sides. Yes, the Comprehensive Plan has been changed for uses that go in particular areas when conditions warrant, such as for the Andover School. He also raised the issue of externalities, which was raised this evening, and that is the effect of development on schools, roads, additional costs to the residents, etc. He felt that issue should be discussed further, possibly change the ordinances to look at those things. He is also concerned about the housing next to the natural gas high-pressure pipe line which goes through the property. He felt that issue needs to be addressed further. Councilmember Jacobson also felt this is a unique situation in that it is the first time that a number of residents have petitioned for an Environmental Assessment Worksheet. He noted the City Council can request one, even though it is not mandatory in this case. He'd be interested to know the response of the petition from the Environmental Quality Board, and he suggested tabling the item until that response is received and until there is a response from the Metro Council on the City's request for sewer expansion. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 10 (Rezoning/Ashford Development/Sections 25 and 26, Continued) Mr. Windschitl - stated they have satisfied all the safety issues with the natural gas line. The company is in agreement with their plan. He also felt that if an EAW is requested, it could end up being done on every plat in Andover. Every plat will have wetland issues in it because of the new wetland law. He hoped the Council wouldn't single him out as the only person having to do an EAW now and in the future. If the policy is started, it must be uniformly enforced. Councilmember Jacobson felt this is very unique because it is the first time the residents have made that request. MOTION by Perry introducing the Resolution approving the rezoning request of Ashford Development Corporation, Inc., to rezone property located in Sections 25 and 26 from R-l, Single Family rural, to R-4, Single Family Urban. Motion dies for lack of a Second. MOTION by Jacobson, Seconded by Dalien that the Council temporarily table the motion for rezoning to the November 16 meeting to wait for two things to occur: 1) a response from the Environmental Quality Board as to whether or not they deem the property reasonable for an Environmental Assessment Worksheet; and even if they don't, at a later date, the Council look at that and determine amongst its own members whether or not we believe it is unique enough to have an EAW under the exemption clause. 2) More importantly, we table it until we get some indication from the Metropolitan Council as to whether or not they will include it within the sewered district, at least until we get an indication from them whether or not that will be possible. DISCUSSION: Councilmember Knight agreed it makes more sense to wait until it is known what the Metropolitan Council will do. Councilmember Perry didn't have a problem with rezoning prior to the Met Council decision. If their decision is not to allow expansion, it is cannot be developed to the R-4 density. She did have a problem with the environmental issues raised, but felt there are enough safeguards in place so they will be thoroughly addressed. Mr. Haas noted that EAWs were done for Old Colony Estates and for The Hills of Bunker Lake. Mr. Windschitl - stated other R-4 zones were approved under similar circumstances. There are two or more R-4 zones outside of the MUSA now. Getting the R-4 zone doesn't give them the ability to plat to an R-4 density because the ordinance doesn't allow it unless sewer is available. Most of the issues raised are platting issues. He clearly is in conformance with everything the City requires to obtain the R-4 zone at this time. This is only an attempt to get the zoning request to conform with the Comp plan and the sewer request. The City Staff had been attempting to get all developers to submit plats early, and the intent was to comply with getting everything in early so Staff could work on it over the winter. He asked that the rezoning be approved. Mr. Mazzei - stated the EQB has asked to see the plat along with their request for an EAW. He'd like the City to get involved at this point and submit the necessary information. The Council felt it would be best Regular Andover City Council Meeting Minutes - October 5, 1993 Page 11 (Rezoning/Ashford Development/Sections 25 and 26, Continued) to have the' residents continue with the process, advising that the documents at City Hall are public and that Staff will assist in whatever way they can so the residents can comply with the EQB requests. A resident talked about how wet the area is, that the area is doing what it is supposed to do. By putting 400 roofs, driveways and roads, the runoff will be so great, the storm sewers will plug up with leaves and then his property will get flood. He felt the end result will be having to dredge up everything just to accommodate a few more houses in Andover. Mr. Windschitl disagreed. Motion carried on a 4-Yes, l-No (Perry) vote. WITTINGTON RIDGE PRELIMINARY PLAT Mr. Haas reviewed the preliminary plat of Wittington Ridge, which consists of 21 single family rural residential lots, and the comments of the Andover Review Committee. The Committee has not had an opportunity to review the revised grading/drainage and erosion control plan. Jerrv Windschitl, Ashford Development Corporation, Inc., - stated he had attempted to purchase an access from this plat to the south but was unsuccessful. Councilmember Perry had thought the configuration of Lot 4, Block 3 was going to change once it had gone to the LGU. Mr. Windschitl - stated it has been reconfigured. The objection at one time was that there was land on both sides of the ditch. This is designed to make the area requirement all on one side of the creek. Councilmember Perry stated her objection was to the lot wrapping around another person's lot. The only reason it was allowed to remain that way as long as it did was because it had to go through the LGU in that configuration. councilmember Jacobson thought the objection was having the pie-shaped piece in the back of Lot 4; and the idea was to move the lot line between Lots 4 and 5 more to the east and take up that space in the back and square off the lot. Mr. Windschitl - stated as proposed, the Planning Commission recommended the variance for frontage on Lot 5 be approved. He also noted that the cul-de-sac on the west end of 155th Lane is the standard size. Mr. Haas stated it should be marked, but he will check the size. Councilmember Jacobson questioned Lot 3, Block 2, whether there is a drafting error in the southwest corner or the property lines do not match. It looks like there is a five-foot jog into the street. Mr. Windschitl stated they will be required to have a 60-foot right of way; and if there is a drafting error, that will be corrected when the plat is computed. Mr. Haas stated that will be verified when the grading is reviewed. Councilmember Jacobson had concerns over two areas on the grading plan, Lot 3, Block 2 and Lots 4 and 5, Block 2, where there are large storage areas for the retention of water. He wondered if the grading plan is Regular Andover City Council Meeting Minutes - October 5, 1993 Page 12 (Wittington Ridge Preliminary Plat, Continued) accurate enough for Staff to recommend that it is good. Mr. Haas stated he hasn't had a chance to look at the revision. The area will probably require a lot of fill on the pads, most likely more so than normal. Mr. Windschitl - stated only on one lot. Some of the lots don't need fill at all. At least one of the ponds will have standing water. The requirement of the LGU is to have the storage capacity so the water does not end up discharging into the ditches. Both ponds will have a positive outlet, one into the small creek and one into the large creek; but he is required to have so much storage capacity on site. The calculations were set by the Watershed, and he has their approval on this plat. Mr. Haas thought the Watershed Board was going to discuss residential versus agricultural practices and how that will affect the City's creeks and ditches in the future. He didn't know what came of that. He has been working with Mr. Windschitl's engineer to base his calculations for the 100-year flood on the entire area contributory to the ditch. Planning Commission Chairperson Bonnie Dehn stated when farmland is flooded, there is a liability for the crops as well. This is the concern she raised earlier this evening, a concern of the farmers when development occurs adjacent to farmland. Mr. Carlberg also reviewed the Planning and Zoning Commission's recommendation to grant a variance to the application for a monument sign and allow that application at a later date. Ken Slvzuk, 15211 Niqhtenqale - had brought up the question at the Planning Commission meeting of what will happen downstream. The farming community has the ditch downstream in good condition, as they split the cost every few years to keep it maintained. Coon Creek is the part that backs up and is a problem. He felt the Council needs to deal with this in the future. Coon Creek is really a storm sewer to carry the water out of the additions. This project alone will not hurt; but add all the other developments, and it becomes a problem. He understands the Coon Creek Watershed takes care of all the problems, which is acceptable. But Andover's history has been to fight it any time the Watershed wanted to do some maintenance on the creek. If water is going to be handled by the Watershed, then let them handle it and not step in and stop it as was done in the past. He's heard a rumor that there is a request to have the City help clean Ditch 37 in this project, and he hoped that doesn't happen. Dan Johnson, 2165 154th - asked if there is going to be a problem going through the peat field going the west. Mr. Windschitl stated engineers were on site last week and a report is being prepared as to the recommendation for the crossing. There is some deep peat there. Mr. Johnson - stated Mr. Winds chit 1 was looking at options and trying to come out to 154th. He was wondering if there is an alternative method that will be tried if he cannot go through the peat and will there be any impact with traffic on l54th Lane. Mr. Windschitl stated he did make an attempt to again access to the south, but he was unsuccessful in being able to purchase an easement for such a road. - -- .. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 13 (Wittington Ridge Preliminary Plat, Continued) Mr. Johnson - stated the homeowners in that area would be against any type of easement. They don't have a problem with the 2 1/2-acre development but they do not want the extra traffic on their street. If a road cannot be built to the west, he felt it should be donated either as park land or back to the farmers. He and a neighbor both have nice ponds in their back yards, wondering if they would be drained dry if there is deep digging in the plat. He didn't want any alterations in the current water level of his pond, either higher or lower. Mr. Windschitl stated there will be no dewatering done in the plat. Discussion returned to the configuration of Lots 4 and 5, Block 3. Mr. windschit1 stated the lot can be made to comply with the 300-foot requirement with a diagonal lot line, but it will not be as good as it is now which has no effect on a water resource. A pad on the east side of the creek of Lot 4 would be all in soils corrections. Mr. Haas stated the ordinance is written to protect the natural water features and trees. To excavate 39,000 square feet east of the ditch may not be economically feasible and probably not practical. By extending the lot line north and south, the problem would be resolved similar to what was done in Timber Meadows; but the Council would have to give two variances, one for area and one for frontage. MOTION by Jacobson, Seconded by Knight, the Resolution approving the preliminary plat of Wittington Ridge as presented, even though I still have concerns over the lot. In talking it over and the City Engineer tells me it is, on a practical basis, uneconomical to do what we are asking. Delete Item No.2 because at this point it appears impractical. (That is the property line between Lots 4 and 5, Block 3, be redrawn so that the lot does not have property on both sides of the ditch) In place of that, add a variance for the area on Lot No. 5 to accommodate that. (See Resolution R228-93) DISCUSSION: Councilmember Jacobson hoped this plat will really be reviewed in terms of water storage and flow. Mr. Haas stated he has met with Mr. Windschitl and his engineer on several occasions to make sure it is done right. In fact, the watershed has set the 100-year flood elevations. Motion carried on a 4- Yes, I-No (Perry) vote. BOULEVARD ENCROACHMENT ORDINANCE NO. 95 Mr. Carlberg reviewed the Planning Commission's recommendation to revise Ordinance No. 95 to remove Section 12, Appeal to Council, and to change Section 4, Exceptions, to remove a portion of Sub. a., so it would read, "Mailboxes or newspaper delivery box stands." There has been no change with regard to the other encroachments, so pillars, lamp lights, retaining walls, stones, etc., will not be allowed in the boulevards. Attorney Hawkins didn't see a great deal of exposure on the part of the City with the recommended changes. Councilmember Jacobson recommended Sub. a. read, "Mailboxes or newspaper delivery box stands, which meet US Postal regulations for their position, height and setback." Regular Andover City Council Meeting Minutes - October 5, 1993 Page 14 (Boulevard Encroachment Ordinance No. 95, Continued) MOTION by Perry, Seconded by Jacobson, that we adopt the recommendation of the Planning and Zoning Commission and remove Section 12, Appeals to Ordinance, and change Section 4, the Exception, so that it reads, "Mailboxes or newspaper delivery box stands" and also accept the recommendation of Councilmember Jacobson to include the language that the mailboxes be consistent with the regulations of US Postal Service. Motion carried unanimously. APPEAL TO ORDINANCE 95/14971 BLUEBIRD STREET NW MOTION by Jacobson, Seconded by Perry, that the Appeal to Ordinance 95 at 14971 Bluebird Street NW on a brick mailbox, the Council finds the point to be moot. It does not need to be moved based upon the change in the ordinance by the Council to allow such a use. Motion carried unanimously. APPEAL TO ORDINANCE 95/1469 140TH LANE NW MOTION by Perry, Seconded by Knight, that the Andover City Council deny the appeal to Ordinance No. 95 for the brick lanterns at the property located at 1469 140th Lane NW. Motion carried unanimously. Council recessed at this time, 10:35; reconvened at 10:45 p.m. PRACTICING FARMS ABUTTING DEVELOPMENTS Bonnie Dehn - stated this is very important to growers. Farming is a career, an occupation, and a necessary part of feeding this nation. Councilmember Perry stated Andover enabled individuals who wanted to continue with agricultural practices to register under the Agricultural Preserve Ordinance. She asked if that is sufficient. Ms. Dehn stated the Ag Preserve has accomplished its purposes, but this goes beyond that. Some of them have opted not to participate in Ag Preserve because of the inability to commit to that length of time. But they are looking for an informative disclaimer/disclosure that the development and new residents adjacent to active practicing farmland are aware they are moving next to a farm and of all that entails. This is an opportunity to resolve problems before they start. Farms can be very good neighbors, but there are those who would not be content to living next to the noise, greenhouse grow lights, helicopters, etc. They want some guarantees that they will be protected. The Council felt that the City has always been supportive of the agricultural businesses within the community, but they did not know what more they could legally do to protect them. There was some discussion about the possibility of requiring developers to label adjacent farmland - -. - Regular Andover City Council Meeting Minutes - October 5, 1993 Page 15 (practicing Farms Abutting Developments, Continued) as "active farmland" on the preliminary plat, how that could work for or against the farmers and the effectiveness of such a disclosure, or possibly create another zoning exclusively for agriculture. They had no problem with the Planning Commission looking at this in greater detail and making a recommendation as to ordinance changes, etc. , but they didn't think the City could offer an absolute guarantee that the farms will be able to exist forever. Ken Slvzuk - asked which would have the final word, Ag Preserve or the City. How would the City handle complaints from many neighbors about a farming practice as opposed to the one voice of the grower? Council explained the Ag Preserve stays as written. If the City wished to change it, it would take eight years to be decertified; the same as if the owner wished to decertify. They also pointed out that the Council has defended agricultural uses against residential complaints in the past. The Council asked that the Planning Commission look into the issue further. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, that the City Council move in the affirmative on the following numbered items on this evening's Agenda, noting that on a number of these items that the number 1115 years" has been scratched out in pen and the word "10 years" has been inserted; and the Council is aware of this and agrees to this change: 9 . Declare Cost/Order Assessment Roll/IP92-20/Woodland Creek 3rd (See Resolution R229-93) 10. Adopt Assessment Roll/IP92-20/Woodland Creek 3rd (See Resolution R230-93) 1l. Declare Cost/Order Assessment Roll/IP92-24/Andover Boulevard (See Resolution R231-93) 12. Receive Assessment Roll/Order Hearing/IP92-24/Andover Boulevard (See Resolution R232-93) 13. Declare Cost/Order Assessment Roll/IP92-18/Jay Street (See Resolution R233-93) 14. Receive Assessment Roll/Order Hearing/IP92-18/Jay Street, that hearing date to be changed to November 2, 1993 (See Resolution R234-93) 15. Declare Cost/Order Assessment Roll/IP92-29/Echo Woods (See Resolution R235-93) 16. Declare Cost/Order Assessment Roll/IP89-18/storm Sewer (See Resolution R236-93) 17. Receive Assessment Roll/Order Hearing/IP89-18/Storm Sewer, that hearing date to be changed to November 2, 1993 (See Resolution R237-93) 18. Receive Assessment Roll/Order Hearing/IP92-30/1805 Andover Boulevard (See Resolution R238-93) 19. Receive Assessment Roll/Order Hearing/IP93-15/Watermain (See Resolution R239-93) - -- ..... Regular Andover City Council Meeting Minutes - October 5, 1993 Page 16 (NOn-Discussion Items, Continued) 20. Receive Asessment Roll/Order Hearing/IP93-l9/Watermain (See Resolution R240-93) 21- Accept Easement/Commercial Boulevard/Kottke Bus 23. Partial Release of Woodland Pond Plans and Specs Escrow Motion carried unanimously. CITY HALL EXPANSION DISCUSSION Mr. Sulander explained they have presented four concept plans to discuss the various options for expanding City Hall. Any additional expansion will require sprinkling the existing building plus access improvements. The proposed cost is only an estimate based on square footage and will need to be refined before moving head. He asked they be allowed to consult with an architectural firm to determine a solid plan and a study on spacial needs over the next five- to ten-year period. Earlier this year the City Council reserved $50,000 of the 1993 Building Permit Revenue for building improvements. He would have to obtain quotes from architectural firms. Council had some reservation about the cost of hiring an architectural firm, and how much of the funds that have been reserved would be used for that purpose. Mayor McKelvey stated when the funds were set aside, they were for building maintenance, either City Hall or Public Works, and possibly the construction of a third fire station; but there was nothing pressing at the time. councilmember Jacobson recommended two Councilmembers serve on a committee along with Staff to determine where the money would come from, to look at architectural styling and obtains costs of architectural firms, to project the City's needs in terms of staffing, offices and storage for the next five to ten years, to condense the number of plans down to two options and to provide more accurate cost figures for the expansion. Councilmembers Perry and Dalien volunteered to serve on that committee. SEWER INSPECTOR/MAINTENANCE POSITION/FULL TIME Mayor McKelvey stated this position has been slated for full time in the 1994 budget. It is now a temporary six-month position which expires on November 15, 1993. The request is to begin the full-time position as of November 15 to avoid that 45-day gap and so adjustments can be made in Public Works if the position is filled from within. Councilmember Jacobson summarized the recommendation of the Personnel Committee to authorize the position to go from temporary to permanent full-time as of November 15, 1993, and to cover the salary for that position out of the Water Fund. MOTION by Perry, Seconded by Dalien, to so move. Motion carried unanimously. ----.-. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 17 FIRE CODE ON DEVELOPMENT ROADS Jerrv Windschitl, Ashford Development - stated yesterday Mr. Stanton had made an inquiry about their ability to get building permits in Emerald Glen as soon as the Development Contract is signed. He double checked this morning and was informed by Staff that they would not get permits unless they built some type of road 20 feet wide with some type of Class 5. The section referred to is Section 10.203 in the Fire Code; but there is an exception in Article 87 under 87.103 which is what other cities are using for not requiring this on new developments. He understands this is something that will now be enforced in Andover, and it has a dramatic effect on his plat and any development in the future. During the period of construction they need to be selling and building, particularly at this time of year. There are only about four weeks left that are frost free to put in basements, etc. If they are not able to get permits now, or can't get them until the blacktop is in or the other road is constructed, construction would stop until May of next year. Tonv Emmerich - stated he has had three developments in Lino Lakes, and this regulation has not been enforced there. He was disappointed that once again they are at a Council meeting 11:30 at night discussing a major policy change. He thought they had a task force to deal with these changes and issues. He recommended that the item be taken back to the task force and deal with it from that point. Mr. Winds chit 1 - also felt the item should be discussed by the task force, but questioned what happens in the mean time. will he be allowed to pull permits, or will he be the only one in the City, except possibly for Mr. Gorham, who will not be allowed to proceed? If a change is going to be made, he thought it would apply to new developments and for a new year. There was considerable discussion and confusion as to what is being required and why. Mr. Haas stated the Development Task Force wanted to find out what other cities are doing with regard to allowing building construction during the time the city is putting in improvements. He contacted five or six cities, one being Lino Lakes who stated they are enforcing the Fire Code. He then contacted the Fire Chief, who felt this is supposed to be enforced according to the Fire Code, which is City Ordinance No. 63. The Chief is saying the Fire Code should be complied with to protect the City from future liabilities, accident or fire during the construction of the house so the insurance company cannot come back and say the City didn't enforce the codes. The Chief is requiring builders to provide access to the house to be able to get within 150 feet of the structure. Attorney Hawkins stated there is no blacktop requirement in the Code, just a road designed and maintained to support fire apparatus. It was his understanding that the City of Lino Lakes is enforcing this code. After further discussion, it was noted that there are many sand roads in the City; that nothing has occurred to result in a change to the way things have always been done in developments; that the current method of access via the roads as the development progresses has been used Regular Andover City Council Meeting Minutes - October 5, 1993 Page 18 (Fire Codes on Development Roads, Continued) satisfactorily for many, many years; that the Code allows the Council to determine the type of access that is required to the houses under construction; therefore the Council felt it should continue in that fashion until the Development Task Force has had an opportunity to research the issue and make a recommendation. Council felt that no one should be penalized for an item that comes up this quick, since no one was aware of this issue. It was agreed there will be no change in the policy until the Development Task Force makes a recommendation. AWARD BID/IP93-11/EMERALD GLEN MOTION by Jacobson, Seconded by Perry, that the City Council award bids and contract for the Improvement project 93-11 for sanitary sewer, watermain, street and storm drain construction in the area known as Emerald Glen. Bid being awarded to Inland utility Construction for the bid amount of $180,952.55, subject to: 1) An executed Development Agreement and escrow requirement received by the City; 2) A recorded final plat of Emerald Glen; 3) Revised grading drainage erosion control plan that is acceptable to the City and the Coon Creek Watershed. (See Resolution R24l-93) Motion carried unanimously. Mr. Windschitl - stated the plat to the north is not graded even close to the grading plan, and the City Staff is trying to resolve it. As soon as that gets resolved, they will have their final grade on the back of their lots. The back of one row of lots cannot be completed because they cannot match the existing grade out there. He also complemented TKDA on the layout of the assessment roll for this project. Mr. Haas stated the grading issue is almost resolved. MAYOR/COUNCIL INPUT Stop Signs in Red Oaks - Mayor McKelvey reported the neighborhood group for Red Oaks met last Thursday where they discussed the neighborhood problems and how to resolve them. They have scheduled a meeting with the Sheriff's Department on the Neighborhood Crime Watch program. He also informed the Committee that the City cannot legally install the stop signs that were approved at the September 21 meeting because of a new State law that stop signs cannot be used for speed control. They asked about installing speed bumps; and he suggested the item be tabled until spring, as the speed bumps are too hard on the snow plows during the winter. Potential TIF District South of the Landfill - Mayor McKelvey stated he is meeting Friday morning with the owner of the 80 acres just south of the landfill site and his attorney about the possibility of the City purchasing it for commercial development. An Anoka Electric representative has asked how Andover intends to have that land available for their proposed development. He hoped the TIF District could be established shortly. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 19 APPROVAL OF CLAIMS MOTION by Perry, Seconded by Jacobson, the Schedule of Disbursements dated 9-28-93 in the amount of $11,396.58 and the disbursements dated 10-5-93 in the amount of $119,537.82, total claims of $130,934.40. Motion carried unanimously. MOTION by Perry to adjourn. Motion carried unanimously. The meeting adjourned at 12:13 a.m. Respectfully su~ ~~héc 8:L Recording secretary - ,- -