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HomeMy WebLinkAboutCC September 7, 1993 ~ CITY of ANDOVER Regular City Councit Meeting-September 7, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items I. Assessment Hearing/Boundary Comm. plat 1/90-17 2. 91-10 Discussion/159th & Swallow/Storm Drainage, Cont. 3. Special Use Permit/Con~t.of Accessory Structure, Cont. 4 . Special Use permit/Supe,America/Storage Tanks, Cant. 5. Variance/1455-147th Avenue N.W. 6. Cedar Crest Pond Discussion 7. Dog Bite Complaint 8. Variance/1425 Andover ßlvd./Heil 9. Wittington Ridge Sketch plan Review Staff, Committees, Commissions 10. Approve Lot Purchase/Commercial Park/Aircon Electric II. Approve Expenditures/Park Dedication Fund 12. Appoint Planning & Zoning Commissioner 13. Appoint LRRWMO Member 14. 1994 proposed General Fund Budget & Tax Levy Non-Discussion Items 15. Award Bid/93-5jWinslow Hills 3rd 16. Approve Change OrderjWcodland Pond/93-14 17. Accept Street Construction/92-23/Aztec Street 18. Approve plans & Specs/93-11 Emerald Glen 19. Approve Revised Grading Plan/Emerald Glen 20. Approve Final Plat/Emerald Glen 21. Approve Revised Grading Plan/Meadows of Round Lake 22. Approve warranty Deeds/92-5/County Road 58 23. Accept EasementsjWinslow Hills 3rd 24. Accept Easement/xeon St,eet 25. Approve Joint Powers Agreement/91-22/Signals 26. Approve Change Order/91-16/159th Avenue 27. Receive July Financial statements 28. Order Condemnation/Emerald Glen Pond 29. Request Speed Study/CR 50 from Crosstown to university 30. Approve Final payment/92-4jWinslow Hills 2nd 3I. Declare Cost & Order Assessment Roll/pheasant Meadows/92-10 32. Declare Cost & Order Assessment RolljWinslow Hills 2nd/92-4 33. Approve Change Order #2/Pinewood Est. 2nd/93-2 34. Accept Warranty Deed/Commercial Boulevard 35. Approve Final payment/92-10/Pheasant Meadows Mayor/Council Input Að~roval of Claims A Journment - -- - - ---, --- -- -- REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 7, 1993 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · 1 ASSESSMENT HEARING/BOUNDARY COMMISSION PLAT/IP90-17 Resolution R195-93 adopting assessment roll · · · · · · · · · 2 Motion amending the Resolution · · · · · · · · · · · · · · · 12 IP91-10 DISCUSSION/159TH AND SWALLOW/STORM DRAINAGE · · · · · · · 2 Motion to proceed with correction · · · · · · · · · · · · · · 3 SPECIAL USE PERMIT/CONSTRUCTION OF ACCESSORY STRUCTURE Resolution R196-93 to deny (Roger Kjellberg) · · · · · · · · 3 SPECIAL USE PERMIT/SUPERAMERICA/STORAGE TANKS Resolution R197-93 to approve · · · · · · · · · · · · · · · · 4 VARIANCE/1455 147TH AVENUE NW Resolution R198-93 to approve · · · · · · · · · · · · · · · · 4 CEDAR CREST POND DISCUSSION Motion to pump pond and for Staff to research options for permanent solution · · · · · · · · · · · · · · · · · · · · 5 DOT BITE COMPLAINT Resolution R199-93 declaring "Biting Dog" of R. Frederichs · 5 VARIANCE/1424 ANDOVER BOULEVARD/HElL . · · · · · · · · · · · · · 6 Resolution R200-93 denying variance · · · · · · · · · · · · · 7 WITTINGTON RIDGE SKETCH PLAN REVIEW . · · · · · · · · · · · · · · 7 NON-DISCUSSION ITEMS Approve lot purchase/Commercial Park/Aircon Electric, L5,B2 · 8 Approve expenditures/Park Dedication Fund · · · · · · · · · · 8 Appoint Todd Haas LRRWMO representative · · · · · · · · · · · 8 Resolution R201-93 approving 1994 General Fund Budget and tax levy, setting public hearing dates of December 9 and 12 · 8 Resolution R202-93 awarding bid/IP93-5/Winslow Hills 3rd .. 9 Resolution R203-93 approving change orders for Woodland Pond/ IP93-14 and Red Oaks Manor watermain/IP93-19 · · · · · · · 9 Resolution R204-93 accepting street/IP92-l3/Aztec . . . . . . 9 Resolution R205-93 approving plans & specs/93-11/Emerald Glen 9 Accept easement/Winslow Hills 3rd . . . . . . . . . . . . . · 9 Resolution R206-93 approving change order/IP91-16/159th Ave · 9 Receive July Financial Statements · · · · · · · · · · · · · · 9 Resolution R207-93 requesting speed study/CR60 from Crosstown to University · · · · · · · · · · · · · · · · · · · · · · 9 Resolution R208-93 approving final payment/92-4/Winslow Hills 2 9 Resolution R209-93 declaring cost and order assessment roll/ Pheasant Meadows/IP92-10 · · · · · · · · · · · · · · · · · 9 Resolution R210-93 declaring cost and order assessment roll/ Winslow Hills 2/IP92-4 · · · · · · · · · · · · · · · · · · 9 Resolution R211-93 approving change order #2/Pinewood Estates 2nd/IP93-2 · · · · · · · · · · · · · · · · · · · · · · · · 9 Accept warranty deed/Commercial Boulevard . . . . . . . . . · 9 Resolution R212-93 approving final payment/IP92-10/Pheasant Meadows . · · · · · · · · · · · · · · · · · · · · · · · · 9 APPOINT PLANNING AND ZONING COMMISSIONER Motion appointing Jerry Putnam · · · · · · · · · · · · · · · 9 REVISED GRADING PLAN/FINAL PLAT/CONDEMNATION/EMERALD GLEN . · · · 10 Resolution R213-93 approving revised grading plan · · · · · · 11 Resolution R214-93 approving final plat · · · · · · · · · · · 11 Resolution R215-93 ordering condemnation · · · · · · · · · · 11 - " -~. - Regular Andover City Council Meeting - September 7, 1993 Table of Contents Page ii REVISED GRADING PLAN/MEADOWS OF ROUND LAKE Resolution R216-93 approving revised grading plan · · · · · · 11 WARRANTY DEEDS/IP92-5/COUNTY ROAD 58 Motion approving Quit Claim deeds with county · · · · · · · · 11 EASEMENT/XEON STREET Motion to accept alignment and easement of Xeon · · · · · · · 11 JOINT POWERS AGREEMENT/CITY OF ANOKA/IP91-22/SIGNALS Motion to approve joint powers agreement · · · · · · · · · · 12 ASSESSMENT HEARING/BOUNDARY COMMISSION PLAT 1/IP9-17 Motion to amend Resolution R195-93, assessment roll · · · · · 12 APPROVAL OF CLAIMS . . . . . . . . . . . · · · · · · · · · · · · 12 MAYOR/COUNCIL INPUT Manhole Grate/175th and Blackfoot . . · · · · · · · · · · · · 13 Street Project Update . . . . . . . . · · · · · · · · · · · · 13 MUS A Expansion Update . . . . . . . . · · · · · · · · · · · · 13 Anoka Electric Cooperative Site Search · · · · · · · · · · · 13 ADJOURNMENT . . . . . . . . . . . . . . . · · · · · · · · · · · · 13 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 7, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on September 7, 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 City planner, Dave Carlberg Assistant City Engineer, Todd Haas City Finance Director, Daryl Sulander Others RESIDENT FORUM Deloris Mevers, 14021 Crosstown Boulevard - has lived there for 18 years, but for the last five or six years there has been a motor home parked in the back yard next door right next to their fence. It is parked there for nine months a year and prevents them from doing activities in their back yard. They have talked with Barry Olson, Andover Code Enforcement, who has had the motor home moved out of the back yard because it was against the ordinance; but it is now parked in the front yard. It prevents them from having a clear line of site coming out of their driveway. From their observations, she assumed people were living in the mobile home when it was parked in the back yard. She could not confirm that someone is living in it now that it is parked in the front. She asked that something be done, that parking mobile homes in front yards for nine months a year should not be allowed. She suggested the ordinance be amended to prevent this. Mr. Carlberg reviewed the current ordinance, stating they could look at what other cities do to control the larger vehicles; then have the Planning commission make a recommendation on a possible amendment. Council agreed. AGENDA APPROVAL MOTION by Knight, Seconded by Perry, approval of the Agenda as written. Motion carried unanimously. APPROVAL OF MINUTES August 12, 1993, Special Meeting: Correct as written. August 17, 1993, Regular Meeting: Correct as written. MOTION by Knight, Seconded by Perry, approval of both sets of Minutes. Motion carried on a 4-Yes, I-Present (Dalien) vote. _/I'/\~~~~ q!:l.I cr2 - -- .. ~ . - Regular Andover City Council Meeting Minutes - September 7, 1993 Page 2 ASSESSMENT HEARING/BOUNDARY COMMISSION PLAT 1/IP90-17 Mayor McKelvey briefly reviewed the proposed assessment to the properties affected by the Andover Boundary Commission Plat l. The assessment will be $550 per lot payable over a five-year period at 5 percent interest. The hearing was opened for public testimony. Bovd Rude - has lived there for eight years and had no problem when he purchased his house. He asked why this was done in the first place and felt $550 is a lot of money for individuals in the area, especially when some of the lots lost or gained only one inch of their property. He also didn't understand how interest could be charged on assessments. He stated he intends to file a petition against this. Attorney Hawkins reviewed the background of the project which was done at the request of the residents to resolve a surveying error in that plat. Several public hearings were held and the cost is a considerable savings to the residents. All assessments carried by the City are charged interest, and he reviewed the policy for the payment of assessments. Mr. Rude - stated the documents he received said it didn't matter what the taxpayers thought. His neighbors were also surprised. He thought the cost of the project seemed high. Mr. Hawkins explained the residents were made aware of the project and the costs. The costs are extremely reasonable with the project done to resolve a problem with everyone of the lots in that area. Randv Colbert, 14400 Round Lake Boulevard - stated the letter he received was difficult to understand. He felt $550 for this is crazy, as not more than 10-minutes of surveying was done on his lot and all of his markers were correct. MOTION by Jacobson, Seconded by Da1ien, to close the public hearing. Motion carried unanimously. MOTION by Jacobson, Seconded by Perry, the Resolution adopting the assessment roll for the resurveying and platting of private property in Andover Boundary Commission Plat 1 for IP90-l7 as presented. (See Resolution R195-93) Motion carried unanimously. Hearing closed at 7:50 p.m.; however, a correction was made to the Resolution at the end of the meeting (See Page 12 of these Minutes). IP91-10 DISCUSSION/l59TH AND SWALLOW/STORM DRAINAGE Rav Warren, 15744 Niqhtinqale Street NW - understood the recommendation from BRA to clean the ditch in front of his property and to lower his culvert from 1/2 to 1 foot. If the City is willing to do that, which is what Jim Schrantz had originally proposed, he would agree to provide whatever easement is necessary. If the ditch that was dug will not get water through it in a 100-year flood, he felt it was a waste of taxpayers' money to dig it. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 3 (IP91-10 Discussion/159th and Swallow/Storm Drainage, Continued) Mr. Haas stated the Public Works Superintendent feels all that is necessary is to cut the grasses in the ditch along Nightengale, but the City may have to get a permit to do so because of the wetland regulations. There would be no problem lowering the culvert under Mr. Warren's driveway by one foot because that is high ground. MOTION by Jacobson, Seconded by Knight, that we authorize the Mayor to discuss this problem with Bonestroo and tell them how unhappy we are with the drainage problem in that project, not the streets, but with constructing the facilities and the way it was handled. Second part, move that if it is not a problem and we don't get in trouble with the State, that we proceed to go ahead and clean the ditch and to lower the culvert if that is necessary. And that at the next meeting the Staff report back to us with what the costs of doing that would be. And ask Daryl Sulander to find out from which budget that would come from to make that correction. DISCUSSION: Jerrv Windschitl - stated without any engineering basis, just lowering the culvert and mowing the grass from the ditch only moves the water from Mr. Warren's property down to his, which is lower. He thought BRA had survey lines and elevations of what needed to be done with the ditch which he suggested the City check. He thought they would find that substantially more than taking the grass out of the ditch would be needed to make the water go through the county ditch. Mayor McKelvey agreed the water would have to be moved all the way down to the county ditch and not be allowed to dump onto Mr. Windschitl's property. Councilmember Jacobson stated the intent is for Staff to determine what needs to be done and report back to the Council with costs. Motion carried unanimously. SPECIAL USE PERMIT/CONSTRUCTION OF ACCESSORY STRUCTURE Mr. Carlberg recommended the Special Use Permit request of Roger Kjellberg to allow construction of an accessory structure prior to the principal structure at property located at l76th Avenue NW and Hanson Boulevard NW be denied. The applicant requested a meeting with Staff on August 23, 1993, but did not show for that meeting. This has been tabled several times and the information has not been received to indicate whether the property has the soil conditions necessary for buildability. MOTION by Knight, Seconded by Perry, that under the circumstances, we deny the Special Use Permit; (See Resolution R196-93) Councilmember Jacobson suggested the definition of agricultural structure and agricultural land in this particular plan is not applicable; and, therefore, cannot be an agricultural building. Secondly, the buildable area is too small. Councilmember Knight stated there has been no follow through on the part of the application regarding the information needed. Motion carried unanimously. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 4 SPECIAL USE PERMIT/SUPERAMERICA/STORAGE TANKS Andv Priola, employee of SuperAmerica, 3499 Davenie Drive, Lexinqton. KY - introduced four other representatives from SuperAmerica and asked for Council approval of their Special Use Permit for underground storage tanks on the northeast corner of Hanson and Bunker Lake Boulevards. He explained they meet or exceed all Federal, State, and local regulations. In addition, they have met with the neighbors of the Hills of Bunker Lake on two occasions to discuss their concerns. They feel they have answered all the questions and have agreed to three conditions: 1) to provide additional berming on the parking lot on both Hanson and Bunker Lake Blvds.; 2) to provide more buffering with trees along the property lines; and 3) to install a ground monument sign rather than a pole sign. Jack Vauninq, 13914 Winterqreen - stated at a previous meeting one representative of SuperAmerica mentioned that gasoline will thaw ice. He called the Marine Fuel Response Corporation in washington, D.C., and asked if the skimmer would be effective in severe weather. Their answer was that gasoline would not melt the ice. Gasoline will puddle on top of the ice; and if the layer of ice is thin like in the fall and spring, it will then go through the ice. The ice would have to be broken up and hauled away, then skim the petroleum product. He asked for verification or technical data showing what would really happen in a catastrophe during severe weather. Mayor McKelvey reported that was covered at the meeting with the neighborhood residents, and he felt SuperAmerica has shown that they will be taking the precautions necessary so gasoline doesn't get through to the ponds. If necessary, the culvert will be shut off that goes to the other ponds. Mike Malronev, 13868 Crane Street - represented Curt Martinson who has represented the neighborhood in the past. In meeting with the SuperAmerica representatives, they feel most of their concerns have been adequately addressed. In addition, the company has agreed to three other items as mentioned by Mr. Priola. They are pleased that these items have been agreed to; and speaking on behalf of the residents and the Neighborhood Association, they are in support of the project, feeling it will be an asset to the neighborhood and the community in the long run. MOTION by Jacobson, Seconded by Dalien, that the City Council approve the Special Use Permit request for SuperAmerica Group, Inc., to install underground storage tanks for the bulk storage of liquid fuels at the northeast corner of Bunker Lake Boulevard and Hanson Boulevard for the reasons in the Planning and Zoning Commission's recommendations to the Council. (See Resolution R197-93) Motion carried unanimously. VARIANCE/1455 147TH AVENUE NW MOTION by Knight, Seconded by Jacobson, the Resolution granting the variance request of Maureen Schachtschneider to Ordinance No. B, Section 6.02 to allow the placement of a deck encroaching two feet into the required sideyard setback at 1455 147th Avenue as presented. (See Resolution R198-93) Motion carried on a 4-Yes, I-No (Perry) vote. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 5 CEDAR CREST POND DISCUSSION Terrv Hausam, 3731 172nd Lane - provided the background for the development, enlarging and pumping agreement for that pond. Everybody in the area was assessed for that pond when the roads were built in 1980, and they were told there would be some flooding if there would be a 100-year storm. The pond did flood several times, after which an agreement was reached by the City in 1986 to pump it whenever it reached an elevation of 884.5. It is flooding again; and every time it floods, he has to replace all the shrubs and trees. He has agreed to have this pumping postponed until he could talk to the Council this evening, but he would like a permanent solution to the problem. The Council discussed various options with Mr. Haas. Councilmember Jacobson also reported he received a call from a resident one block north of this with a similar problem of water in their back yard which is getting close to their basement. Mr. Haas felt the only permanent solution would be to construct an outlet or install pumps for each of the ponds. In the long run, the storm sewer outlets would be best; however, he thought the pipe would be about 15 feet deep to cross the high area. After further discussion, the Council suggested Staff review the various options for a permanent solution, determine costs, and come back to the Council. It was agreed that the outlet to the pond could be such that it would slowly bring the level down, which would entail a smaller pipe and less cost. In the mean time, it was suggested the pond be pumped per the agreement made in 1986 so it isn't that high through the winter months. Staff was also asked to check out the water problem to the north and to research whether or not storm water assessments have been paid and what area would be assessed for a permanent solution. MOTION by Perry, Seconded by Knight, that we authorize Staff to rent a pump that will be adequate for the removal of the water within a three- day period. Also authorize Staff to begin work with TKDA to look at the various options available in that area and come back to the City Council with cost comparisons for each of the options so that we can make a decision as to what the long-term solution will be. Motion carried unanimously. DOG BITE COMPLAINT Mayor McKelvey noted the complaint of a dog bite by a dog owned by Ronald Frederichs. The Clerk has reported Mr. Frederichs is attempting to find a new home for the dog. MOTION by Jacobson, Seconded by Perry, the Resolution declaring a Spaniel dog owned by Ronald Frederichs, 3939 Enchanted Drive, a "Biting Dog". (See Resolution R199-93) DISCUSSION: The person who was bit asked whether the dog will be required to be moved from the City or put to sleep. She said this is not the first time it has bitten anyone, and there is fear in the neighborhood when it comes to this dog. Attorney Hawkins explained the procedure, noting the City by State law does not have the authority to have the dog removed after the first reported offense. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 6 (Dog Bite Complaint, Continued) Other residents complained of barking dogs and what can be done, with a child reporting how the dog ran over the fence and almost jumped on top of her. The children in the neighborhood are afraid to play outside because of the dogs. The owner of the dogs then disputed the allegation. Attorney Hawkins was familiar with the barking problem and had sent that dog owner a letter giving him a certain period of time to stop the barking. He thought that problem had been resolved; and if it is starting again, the City can take action against the barking again. In all instances he urged the residents to contact the Sheriff's Department whenever there is a violation so it can be documented and the proper legal actions started to correct the problems. Motion carried unanimously. VARIANCE/1425 ANDOVER BOULEVARD/HEIL Jerrv Vols. Realtor representina the sale of Mrs. Heil's property - stated Mrs. Heil is unable to attend this evening. She is asking that the Council proceed with the variance but asked for consideration of the potential buyer's request regarding the stipulation of the variance that forces the hookup to City sewer if the private system fails. Tom Skiboud - is interested in buying Mrs. Heil's home but is concerned about the procedure, potential costs, and just what constitutes a failure. If roots grow into his line, can it be repaired or is it considered a failure? Could he wait until the rest of the area petitions for utilities? He is afraid he would have to pay more than his neighbors to bring sewer to the house. He would like the stipulation removed from the variance. As best as he can tell, the other parcels in Hartfield's have between 33,000 and 35,000 square feet for their septic systems. There was a very lengthy discussion regarding the variance from the 39,000 square-foot requirement and the stipulation recommended by Staff and the P&Z. It was determined that the City sewer is about 100 feet east of the house in question, but the Council generally felt that the ordinance allows the private system to be reconstructed if there is room to do so. Even with the variance, it was felt there would be enough room to construct a second on-site septic system. The Council was reluctant to vary from the 39,000 square-foot requirement, not wanting to set a precedent and feeling that the request did not meet the criteria for granting a variance. Because the variance is needed to allow the lot line to be moved to allow for the potential of eight urban lots on the parcel to the north, the Council felt that is for economic reasons, which is not a valid reason for granting variances. Mr. Carlberg argued the Staff felt the highest and best use of the land to the north is to develop the eight lots and, therefore, felt the variance of 3,000 square feet would be justified. plus the lot is in the urban service area and City sewer is available from the center of the road which borders the property to the east. The intent is not to leave large void areas of land in the MUSA. The lot line cannot be moved without this variance. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 7 (Variance/1425 Andover Bou1evard/Heil, Continued) Mr. Vols - again stated Mrs. Heil does not want the stipulation to affect the variance so they can plat the development to the north. Mr. Skiboud - stated he would prefer to purchase 2 acres rather than the smaller lot with moved lot line of 1.74 acres. That was his original agreement. As discussion continued, the Council continued to feel this is an economic situation only which does not qualify for the approval of a variance. Without the movement of the lot line, it was determined that six lots could be platted on the northern parcel. The Mayor also felt the way this is being done, the burden of replacing the septic system is being shifted to the new owner. If it were done as a plat, the municipal sewer would be extended to this parcel as a part of the plat. Mr. Skiboud - noted if the additional 50 feet of easement would not be taken by the county, the variance may not be necessary. He again asked what constitutes a failure. Council stated that would be determined by the Building Official, but it must be replaced when it fails to be a functioning system. MOTION by Jacobson, Seconded by Perry, that the City Council deny the variance request for the for the property located at 1425 Andover BoulevardNW. The variance request which is for the figure of 3,000 square feet from the 39,000 square-foot requirement set forth in Ordinance 10, Section 9.06A(2). Second paragraph, the Council finds that such a variance is purely economical in nature and would not be considered a hardship under the definition of hardship in the ordinance and State statutes and, therefore, denies the request. (See Resolution R200-93) Motion carried unanimously. WITTINGTON RIDGE SKETCH PLAN REVIEW Mr. Haas reviewed two items of concern by the Andover Review Committee on the preliminary plat for Wittington Ridge as submitted by Ashford Development. 1) The road layout of 155th Lane as submitted exceeds the maximum cul-de-sac length. The property to the west appears to be too low for development which eliminates the future extension of 155th to the west. An alternative may be to construct a road from 155th Lane going south on the end of the plat, though there may be some wetlands to deal with. If it is done, is the City is willing to coordinate and build a road outside the plat at their own cost? The problem is Nightingale Estates 3rd Addition was allowed to develop without providing an access to the north for this property. 2) The eastern portion of the plat can possibly be served with city sewer service gravity flow if the sewer trunk is extended north to the proposed school site. Jerrv Windschitl, Ashford Development - stated if the City wants the road built between Lots 7 and 8 to the south, they will do so. He thought the land to the south of the end of his plat does have some high developable area. As he has proposed it, there is the ability to develop that land to the south in the future. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 8 (Wittington Ridge Sketch Plan Review, Continued) There was considerable discussion on the potential of development outside this plat to the west and south. Mr. Haas felt it would be expensive to have a full-width street going south that can have lots on only one side of it. Mr. Winds chit 1 felt it may be possible to develop lots on both sides. The problem the Council saw with constructing a road to the south is the City having to build any road for access outside of this plat. Councilmember Jacobson then proposed pulling 155th Lane back and construct a cul-de-sac on the end because of the problems with the wetlands to the south and because of the inability of the City to connect with 154th Lane in Nightingale Estates 3rd Addition. If the land to the west will not be developed, the road should not be placed all the way to the property line. The cul-de-sac would shorten the length of the street somewhat. Mr. Windschitl - stated he is proposing rural development because that is the zoning and because he had given up hope on the availability of city sewer in the near future. If the City has plans to provide city sewer, he would be willing to consider removing the front part of the plat for future platting to urban lots to help pay for the sewer line. Discussion was then on the configuration of Lots 4 and 5 in Block 3, as several Councilmembers had a problem with it. Mr. Windschitl explained he is required to submit a minimization plan on water resources, which is what this configuration represents. If it is not acceptable when reviewed as a preliminary plat, he would then have to resubmit a plan. Council agreed with the recommendation to cul-de-sac 155th Lane rather than extend it to the western property line and vary the length of the cul-de-sac if there is no chance for development to the west and south. If there is a chance for such development, the road should go through. Mr. Haas agreed to research that further. The Council also recognized the procedure for minimizing the water resources but generally disagreed with the configuration of Lots 4 and 5 in Block 3. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, in the affirmative on the following Items on tonight's Agenda: 10. Approve lot purchase/Commercial Park/Aircon Electric (lot 5, Block 2) as proposed II. Approve expenditures/Park Dedication Fund as presented 13. Appoint Lower Rum River Water Management Organization Member, approving Todd Haas to be the LRRWMO member for the City of Andover 14. Approve the 1994 General Fund Budget and tax levy as presented and setting the dates of December 9 and December 16 for the hearings (See Resolution R201-93) - - ~. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 9 (Non-Discussion Items, Continued) 15. Award Bid/IP93-5/Winslow Hills 3rd (See Resolution R202-93 awarding bid to c. W. Houle, Inc. , for $565,255.16) (Discussion: Mr. Haas explained the alternate bid is not being awarded. Mr. Windschitl will have a decision made by the next Council meeting; and if he wishes to proceed, it will be done as a change order.) 16. Approve Change Order/Woodland Pond/IP93-14 and Red Oaks Manor Watermain Extension/IP93-19, that IP93-14 not be signed until a Development Contract is signed and plat is recorded (See Resolution R203-93) 17. Accept Street Construction/IP92-13/Aztec Street (See Resolution R204-93) 18. Approve Plans and Specs/IP93-11/Emerald Glen (See Resolution R205-93) 23. Accept Easements/Winslow Hills 3rd 26. Approve Change Order/IP91-16/159th Avenue (See Resolution R206-93) 27. Receive July Financial Statements 29. Request speed study/CR 60 from Crosstown to University (See Resolution R207-93) 30. Approve Final Payment/IP92-4/Winslow Hills 2nd (See Resolution R208-93) 31. Declare cost and order assessment roll/Pheasant Meadows/IP92-10 (See Resolution R209-93) 32. Declare cost and order assessment roll/Winslow Hills 2nd/IP92-4 (See Resolution R210-93) 33. Approve change order #2/Pinewood Estates 2nd/IP93-2 (See Resolution R211-93) 34. Accept Warranty Deed/Commercial Boulevard 35. Approve Final Payment/IP92-10/Pheasant Meadows (See Resolution R212-93) DISCUSSION: Councilmember Jacobson asked whether the residents are aware of the costs in Item 16, Red Oaks Watermain Extension/IP93-19. He also felt the cost is very high. Mr. Haas explained the owners were not notified of this price. The residents agreed to the project based on $22 per front foot plus area and connection charges, which is the City's policy. Not all of the project costs will be covered in that assessment. These residents will be responsible for one-half of the 8- inch watermain. The other half will be paid as others hook up. Motion carried unanimously. APPOINT PLANNING AND ZONING COMMISSIONER MOTION by Perry, Seconded by Dalien, that Jerry Putnam be contacted and offered the position on the Planning and Zoning Commission which is to expire on 12-31-94. Motion carried unanimously. . ---~. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 10 APPROVE REVISED GRADING PLAN/EMERALD GLEN APPROVE FINAL PLAT/EMERALD GLEN ORDER CONDEMNATION/EMERALD GLEN Mr. Haas reviewed the revised grading plan as recommended by TKDA to provide a vertical curve for Killdeer Street NW and to revise the elevations of the 100-year, 10-year and I-year storms in ponding areas. There is no problem with the proposed changes and the elevations of the houses. The front 100 feet of the lot is required to be buildable for those lots backing onto the pond. The ponding area is designed as a wetland. The pond is designed so the water will sit at 883 feet, and after 24 hours it should drain dry. Jerrv Windschitl, Ashford Development - explained the pond drains dry and will not have standing water all the time. There is an area that is not being disturbed. The maximum bounce on the pond is one foot. Councilmember Jacobson expressed concern with plats designed for houses to back onto these ponding areas. People purchase the homes and do not realize they will have standing water in their back yards for a period of time. Mayor McKelvey stated a worse problem is when people fill in the back yards with 6 inches of black dirt and then sod. Then when it rains the water flows toward the basement rather than to the holding pond. Councilmember Perry felt the ponding areas can be aesthetically pleasing but would like the purchasers of those parcels told there will be standing water in their back yards for a period of time. Mr. Haas stated when people call regarding a lot, Staff does explain the ponding. Mr. Windschitl - stated as sellers, they also review the storm drainage for those who purchase lots around ponding areas. The Council generally did not have a concern with the revised grading plan, but was concerned about approving the final plat of Emerald Glen with the stipulations submitted by James Stanton of Shamrock Development, Inc. The particular item of concern was that any special assessment against Outlot A will not be paid by Shamrock Development, Inc., but the exact amount of special assessments is to be determined by pro-rating based on the entire acreage. Mr. Windschitl - explained the assessments placed against the two parcels encompassing this plat for lateral storm sewer, trunk storm sewer and ponding. The parcels have already paid the ponding costs, and those assessments have been forwarded to the City of Coon Rapids. The entire pond in question is on Mr. Stanton's portion of the plat. He is not involved in that issue. Mr. windschitl advised, however, that any negotiations with Mr. Stanton should not affect the City financially since all assessments were forwarded to Coon Rapids. He understood Coon Rapids has about $15,000 to acquire the pond. Mr. Haas also noted Mr. Stanton was assessed for 133rd, the MSA road, which is outside of the City's policy on MSA streets. Attorney Hawkins suggested he negotiate with Mr. Stanton regarding those requests. It was his understanding that Mr. Stanton is asking that no storm sewer assessment be paid on the area the City would acquire, so - -- -~. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 11 (Revised Grading Plan/Final Plat/Condemnation - Emerald Glen, Cont.) the assessment would be reduced pro-rated on the amount of ponding acquired by the City. Mr. Haas stated the City would only be acquiring as much of the pond as necessary for storm water drainage for the 100- year flood. He stated Mr. Stanton wants to retain ownership for future wetland mitigation. MOTION by Jacobson, Seconded by Knight, that the City Council approve the revised grading plan, Item 19, for Emerald Glen as presented, subject to the verification of the numbers by TKDA. (See Resolution R213-93) Motion carried unanimously. MOTION by Jacobson, Seconded by Knight, legally Items 20 and 28 can be approved subject to a meeting between the City Attorney, City Staff, the developer (Mr. Stanton) , and representatives from the City of Coon Rapids to discuss Outlot A; and allow City Attorney and City Staff to determine the proper method of proceeding. Add that the City Council is concerned about Mr. Stanton's letter, Item No. 4 in that letter dated September 1, 1993. For that reason this meeting between Staff and Attorney is required to clarify the situation so that there are no misunderstandings or difficulties at a later date. (See Resolution R214-93 approving final plat/Emerald Glen and Resolution R215-93 ordering condemnation/Emerald Glen pond) Motion carried unanimously. APPROVE REVISED GRADING PLAN/MEADOWS OF ROUND LAKE MOTION by Knight, Seconded by Perry, the Resolution approving the revised grading, drainage and erosion control plan for the Meadows of Round Lake as presented. (See Resolution R216-93) Motion carried unanimously. APPROVE WARRANTY DEEDS/IP92-5/COUNTY ROAD 58 MOTION by Perry, Seconded by Knight, authorize the Mayor and City Clerk to sign the deeds for Project IP92-5 with the request to the county that both deeds be Quit Claim deeds rather than one Quit Claim and one Warranty deed. Motion carried unanimously. ACCEPT EASEMENT/XEON STREET Mr. Haas reviewed the proposed realignment of Xeon Street that would provide an access going west to loop the water line in the future. MOTION by Knight, Seconded by Perry, to accept the alignment of Xeon Street NW and to accept the easement that provides an outlet to the west just north of Lot 4, to be completed within 60 days from today. DISCUSSION: Mr. Haas explained the realignment was an attempt to try to have some reverse curves to make it more aesthetically pleasing. Storm sewer will be constructed down Xeon, and then it will be surfaced with Class 5 until the area is plated. The existing easement will remain Regular Andover City Council Meeting Minutes - September 7, 1993 Page 12 (Accept Easement/Xeon Street, Continued) until Mr. Holasek plats that area. Mr. Holasek has a purchase agreement with the property owner to the west of Xeon with the intent to plat in the future using this alignment of Xeon being proposed. Staff has been unable to find any documents that the existing Xeon Street has been dedicated to the City. This must be done now because this alignment is required to file the final plat of Winslow Hills 3rd Addition. Motion carried unanimously. APPROVE JOINT POWERS AGREEMENT/CITY OF ANOKA/IP91-22/SIGNALS Councilmember Jacobson wondered why Andover must contribute toward a portion of the maintenance for the signal on CSAH 7 and CoRd 116. Both are county roads; and in any agreements with the county on signals, the county provides the maintenance. Mr. Haas explained the City of Anoka has a different agreement with the county because they provide the energy for this signal using their own electric company rather than Anoka Electric Cooperative. The agreement calls for Andover to pay for one-half of the maintenance for that signal. MOTION by Perry, Seconded by Knight, introducing the Joint Powers Agreement by and between the Cities of Anoka and Andover for intercity utility service and authorize the signing of same by the Mayor and City Clerk of the City of Andover. Motion carried on a 4-Yes, I-Present (Jacobson) vote. ASSESSMENT HEARING/BOUNDARY COMMISSION PLAT 1/IP90-17 Attorney Hawkins explained during the process of the Boundary Commission plat, one of the lots sold a portion of its parcel, but it was assigned one unit. The lot was allowed to split with the agreement that each of the parcels would pay half of the $550 assessment. If the Council agrees, the amendment roll should be amended to reflect a one-half assessment against Lois Lothspeich and a one-half assessment to Mary Jo and Michael Haven. MOTION by Jacobson, Seconded by Perry, adopt the assessment roll in Item No. 1 in tonight's agenda, Assessment Hearing/Boundary Commission Plat 1, move to amend the original motion to consider the division of lot which was in the process of being sold at that time and provide for each of the new parcels that were created a one-half assessment of $275 each to Lois Lothspeich and to Michael and Mary Jo Haven, Lots 7 and 8 of Block 8. (See Resolution R195-93) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Perry, approval of Claims for this month for the total of $250,148.75. Motion carried unanimously. Regular Andover City Council Meeting Minutes - September 7, 1993 Page 13 MAYOR/COUNCIL INPUT Manhole Grate/175th and Blackfoot - Councilmember Jacobson reported he received a hone call from a resident at 175th Avenue and Blackfoot regarding a manhole with a very wide grate on it. A two-year old almost fell into it because of the width of the grating. Mr. Haas stated they will be changing that grate. Street Project Update - Mr. Haas stated the contractor is scheduled to begin September 20 in Nordjmark-Dale. Attorney Hawkins also advised that the City of Ham Lake has reached an agreement with the low bid contractor regarding the construction of University Avenue. That project should proceed shortly. MUSA Expansion Update - Mr. Carlberg noted the letter from the Metropolitan Council Staff listing several items to be completed for the City's MUSA expansion request. He stated two of the items have already been completed, and he will be discussing this further with the Met Council Staff in the morning. Anoka Electric Cooperative Site Search - Mr. Carlberg updated the Council on the progress of the Anoka Electric project. They are looking at four cities, Andover being one of them. The proposal has been to establish a TIF District to that area just south of the landfill site, west of Hanson Boulevard. Council discussion was the intent had always been to develop that area as industrial, that it is desirable to have Anoka Electric as the major tenant in that area, that this would be a benefit to the City, and that it should be pursued. Though the specifics are not yet known, Mr. Carlberg was directed to inform Anoka Electric the City is willing to establish the area as a TIF District and to offer a package similar to what has been done in the Commercial Park. MOTION by Perry to adjourn. The meeting was adjourned at 11:58 p.m. ResP~b~L ~a A. Peach Recording Secretary - . - --~,