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HomeMy WebLinkAboutCC April 5, 1994 I, ~ CITY of ANDOVER Regular City Council Meeting - April 5, 1994 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public Hearing/purchase of Wasteco property 2. Public Hearing/Establish Economic Development Authority 3. Approve Resolution Transferring TIF Districts to EDA 4 . Public Hearing/Bunker Lake Blvd. Frontage Road/93-30 5. Order Condemnation/Bunker Lake Blvd. Frontage Rd/93-30 6. Selection of Surveyor/Bunker Lake Blvd. Frontage Rd./93-30 7. Winslow Hills 3rd storm Drainage/93-5, Cont. 8. Approve Timber Meadows 2nd Preliminary plat 9. Amendment to Development Contract, Cont. 10. Special Use Permit/Area Identification Sign/Timber Meadows 2nd Addi tion 11. Special Use permit/McDonald's Drive Through Window 12. Special Use permit/Mining/Blake Construction 13. Amend Ordinance 8, Section 4.03/Non-Conforming Uses 14. Amend Ordinance 44 15. Business Landfill Coalition EDA Meeting 16. Approve Resolution Appointing Officers/Adopt Bylaws 17. Approve Resolution Accepting TIF Districts by EDA Reports of Staff, Committees, Commissions 18. Authorize Hiring of Code Enforcement Officer 19. Reclassify Code Enforcement Officer to Building Inspector 20. Precinct Boundary/polling Location Changes 21. Approve Garbage Hauler Licenses 22. Approve Resolution Limiting Garbage Hauler Licenses 23. Park Bond Discussion Consent A endajNon-Discussion Items Rece1ve Pet1t10njWaterma1n/ 67 Round Lake Boulevðr.d/94-4 25. Accept Feasibility Study/watermain/14267 Round Li'ke Blvd. 26. Authorize Transfer of Funds 27. Receive February Financial Statements 28. Approve Parks Capital Budget 29. Approve Assessment Abatement/15955 Uplander St.jIP9l-l0 30. Approve Street Sweeping Quotes 31. Receive Petition/Hartfiel's Estates 32. Accept Easement/9l-l4/Neas 33. Receive Petition/94-5/SuperAmerica Addition 34. Approve Change Order *1/92-27/Commercial Boulevard Mayor-Council Input pa~ment of Claims AdJournment ~.___ - __ 0-- ._,__ - u REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 5, 1994 TABLE OF CONTENTS AGENDA APPROVAL . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONSENT AGENDA Selection of Surveyor/Bunker Lake Blvd. Frontage Road/ IP93-30 (Caine and Associates) ............. 1 Resolution R044-94 approving Special Use Permit/Area Identification Sign/Timber Meadows 2nd ......... 1 Amend Ordinance 8, Section 4.03/Non-Conforming Uses . . . . . 1 Amend Ordinance 44 ..................... 1 Reclassify Code Enforcement Officer to Building Inspector . . 1 Resolution R045-94 precinct boundary/polling location changes 1 Approve garbage hauler licenses (ACe Solid Waste, Johnson Sanitation, Pretzel's Sanitation) . . . . . . . . . . . . 1 Resolution R046-94 receiving petition/watermain/14267 Round Lake Boulevard ..................... 1 Resolution R047-94 accepting feasibility study/watermain/ 14267 Round Lake Boulevard ............... 1 Resolution R048-94 authorizing transfer of funds dedicated to debt service payments pursuant to R153-86 ...... 1 Resolution R049-94 authorizing transfer of funds dedicated to debt service payments pursuant to R067-85 ...... 1 Resolution R050-94 closing 1989 Series A improvement project construction fund . . . . . . . . . . . . . . . . . . . . 2 Resolution R05l-94 closing 1994 Series B temporary improvement bond fund . . . . . . . . . . . . . . . . . . . . . . . . 2 Resolution R052-94 transferring fund advanced from unfinanced construction projects fund ............... 2 Re~eive February financial statements . . . . . . . . . . . . 2 Approve parks capital budget ................ 2 Approve assessment abatement/15955 Uplander Street/9l-lO .. 2 Approve street sweeping quotes (Mike McPhillips, Inc.) ... 2 Resolution R053-94 receiving petition/Hartfiel's Estates .. 2 Accept easements/IP9l-l4/Neas . . . . . . . . . . . . . . . . 2 Resolution R054-94 receiving petition/IP94-5/SuperAmerica . . 2 Resolution R055-94 approving change order 1/IP92-27/ Commercial Boulevard .................. 2 Approve assessment abatement/Smith ............. 2 APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . 2 PUBLIC HEARING/PURCHASE OF WASTECO PROPERTY . . . . . . . . . . . 2 PUBLIC HEARING/ESTABLISH ECONOMIC DEVELOPMENT AUTHORITY Resolution R056-94 establishing an EDA ........... 4 TRANSFER TIF DISTRICTS TO EDA Resolution R057-94 transferring TIF districts to EDA .... 4 REFINANCING OF BONDS Resolution R058-94 accepting bid from Firstar Bank of MN .. 5 PUBLIC HEARING/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-30 . . . 5 Mot.ion to table until April 19 ............... 7 CONDEMNATION/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-30 Resolution R059-94 ordering condemnation .......... 7 WINSLOW HILLS 3RD STORM DRAINAGE/IP93-5 Motion to accept Alternate No. 2 agreement ......... 8 Motion to rescind previous action to stop issuing building permits . . . . . . . . . . . . . . . . . . . . . . . . . 8 TIMBER MEADOWS 2ND PRELIMINARY PLAT . . . . . . . . . . . . . . . 8 Resolution R060-94 approving plat . . . . . . . . . . . . . . 9 >--. -------~-... , , , Regular Andover City Council Meeting Minutes - April 5, 1994 Table of Contents Page ii AMENDMENT TO DEVELOPMENT CONTRACT Motion to accept proposed policy amendment · · · · · · · · · 9 SPECIAL USE PERMIT/McDONALD'S DRIVE-THRU WINDOW Resolution R06l-94 to approve permit · · · · · · · · · · · · 9 SPECIAL USE PERMIT/MINING/BLAKE CONSTRUCTION · · · · · · · · · · 9 Resolution R062-94 approving permit · · · · · · · · · · · · 10 BUSINESS LANDFILL COALITION Motion to donate $500 · · · · · · · · · · · · · · · · · · · 10 COON CREEK WATERSHED DISCUSSION/ANNUAL SUMMARY · · · · · · · · 10 HIRING OF CODE ENFORCEMENT OFFICER · · · · · · · · · · · · · · 10 Motion to hire Jeffrey Johnson · · · · · · · · · · · · · · 12 RESOLUTION LIMITING GARBAGE HAULER LICENSES Resolution R06~94 limiting the licenses · · · · · · · · · 12 PARK BOND DISCUSSION · · · · · · · · · · · · · · · · · · · · · 12 CITY UNITY DAY Resolution R064-94 approving Resolution · · · · · · · · · · 13 PAYMENT OF CLAIMS . . · · · · · · · · · · · · · · · · · · · · · 14 ADJOURNMENT . . . . . · · · · · · · · · · · · · · · · · · · · · 14 " I ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 5, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on April 5, 1994, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others AGENDA APPROVAL Add to Consent Agenda Items 6, 10, 13, 14, 19, 20 and 21. Add to Agenda Item 15a, 'Coon Creek watershed Discussion/Annual Summary; Item 23a, Closed Meeting with City Attorney, and Item 35, Approve Assessment Abatement. MOTION by Perry, Seconded by Jacobson, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 6 Selection of Surveyor/Bunker Lake Boulevard Frontage Road/IP93-30 (Caine and Associates) Item 10 Special Use Permit/Area Identification Sign/Timber Meadows 2nd Addition (See Resolution R044-94) Item 13 Amend Ordinance 8, Section 4.03/Non-Conforming Uses Item 14 Amend Ordinance 44 Item 19 Reclassify Code Enforcement Officer to Building Inspector Item 20 Precinct Boundary/Polling Location Changes (See Resolution R045-94) Item 21 Approve Garbage Hauler Licenses (Ace Solid Waste, Johnson Sanitation, Pretzel's Sanitation) Item 24 Receive Petition/Watermain/14267 Round Lake Boulevard/IP94-4 (See Resolution R046-94) Item 25 Accept Feasibility Study/Watermain/14267 Round Lake Boulevard (See Resolution R047-94) Item 26 Authorize Transfer of Funds (See Resolutions R048-94 Authorizing the Transfer of Funds Dedicated to Debt Service Payments pursuant to Resolution R153-86¡ R049-94 Authorizing the Transfer of Funds Dedicated to Debt Service Payments pursuant to Resolution R067-85¡ 5Iì~~ 'j (1'1\'1'1 ->------ -~ -- ------. - ------ Regular Andover City Council Meeting Minutes - April 5, 1994 Page 2 (Consent Agenda, Continued) R050-94 Closing the 1989 Series A Improvement Project Construction Fund and Transferring Remaining Balance to 1989 Series A Debt Service Fund¡ R05l-94 Closing the 1990 Series B Temporary Improvement Bond Fund and Transferring Remaining Assets, Liabilities and Balance to 1993 Series A Debt Service Fund¡ R052-94 Transferring Funds Advanced from Unfinanced Construction Projects Fund for Projects now Financed with 1993 Series A Improvement Project Construction Fund) Item 27 Receive February Financial Statements Item 28 Approve Parks Capital Budget Item 29 Approve Assessment Abatement/15955 Uplander Street/IP9l-l0 Item 30 Approve Street Sweeping Quotes (Mike McPhillips, Inc. ) Item 31 Receive Petition/Hartfiel's Estates (See Resolution R053-94) Item 32 Accept Easement/IP9l-l4/Neas . Item 33 Receive Petition/IP94-5/SuperAmerica Addition (See Resolution R054-94) Item 34 Approve Change Order tl/IP92-27/Commercial Boulevard (See Resolution R055-94) Item 35 Approve Assessment Abatement (Smith, PIN 34 32 24 44 0017) MOTION by Jacobson, Seconded by Perry, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES March 10, 1994, Special Meeting: Page 1, Also Present, Correct, "Casserly Molzahn Associates, Inc., Jim Casserly" and add "City Finance Director, Daryl Sulander". Page 3, fourth paragraph, third line, change date to, "March 15 Council meeting". March 15, 1994, Regular Meeting: Page 1, Also Present, Correct, "Casserly Molzahn Associates, Inc., Jim Casserly". Page 3, first paragraph, second line, change "content" to II contend" . Page 7, last line on page, change "capital" to II capita II . MOTION by Jacobson, Seconded by Knight, to accept the Minutes with those changes for March 10. Motion carried on a 4-Yes, I-Present (Dalien) vote. MOTION by Knight, Seconded by Perry, approval of the March 15 Minutes as corrected. Motion carried unanimously. PUBLIC HEARING/PURCHASE OF WASTECO PROPERTY 7:10 p.m. Mayor McKelvey opened the public hearing. ~__ __ . __0- __ __ ____ .. __, ,I " Regular Andover City Council Meeting Minutes - April 5, 1994 Page 3 (Public Hearing/Purchase of Wasteco Property, Continued) Ken Orttel, 2772 Bunker Lake Boulevard NW - expressed concern and reservation over the consideration to purchase this particular property and the use of Tax Increment funds to do so. He stated the TIF was set up to redevelop the Bunker Lake Boulevard area, to clean up that corridor. Apparently there is about $5 million available in that Fund, taxes which were diverted from the school district, the county, and the city. He asked why the City isn't buying the junkyards with that money since that was the original intent. He has also heard that a large public utility may be coming onto this site, stating that is clearly a convolution of the TIF concept. Why does the City have to get involved in that case? The Wasteco property has been sitting idle for many years, and he couldn't imagine why the City would take an option to purchase it. He felt the best thing to happen would be to have the property developed privately so the City doesn't have to put money into it. There is the possibility of restrictions on that property, which is located between the hazardous waste, the utilities station, and the junkyard. With the many constraints and massive testing that must be done before a financial institution will loan money on that property, he had a great concern of the City getting involved with impaired property. Why should the City be paying for the testing? That should be done before any purchase, and it should be done by the vendor. Because of the history and the location, Mr. Orttel strongly urged it be thoroughly investigated before investing any money. Mr. Orttel was also concerned with spending the $5 million in Tax Increment financing and never do what the money was originally intended for. Mayor McKelvey then explained the purchase will use about one-fifth of the TIF funds. There is a need for large acreage commercial lots in the City¡ right now there are none. The taxes generated from the businesses on this property will go back to the county, school district and City. He is also hopeful that the City will be acquiring some of the recycling yards¡ and as Commercial Boulevard is completed, it is anticipated that area will develop commercially. The City has been working with the recyclers and has just approved their being able to tear down vehicles and store parts within buildings. Efforts are being made to clean up that area. Mr. Orttel - stated the sale price of the property is not the only expense, that the cost of development could be more than $5 million before it is done. He didn't know how the City will subsidize any resale, and the people are looking for more details on this. He was afraid that any business looking to locate here will check the history of the site and that commercial lenders will be very reluctant to provide financing on it. A methane system will have to go into the site. All this should be studied very, very carefully before putting one cent into the site and assuming millions of dollars in liability. He noted what happened to Good Value Homes with their residential development in the southern portion of the City, and that had very minor pollution compared to the WDE site. He challenged the Council to ask themselves if they would invest their pension on this deal, because they should not be treating public money any differently. _._-------~ --. - -~- 'I Regular Andover City Council Meeting Minutes - April 5, 1994 Page 4 (Public Hearing/Purchase of Wasteco Property, Continued) There being no further testimony, Mayor McKelvey asked for a motion to close the public hearing. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanimously. The Council expressed appreciation for the testimony, noting the intent was to solicit public comment tonight but not to consider the purchase at this time. No further action was taken. 7:28 p.m. PUBLIC HEARING/ESTABLISH ECONOMIC DEVELOPMENT AUTHORITY 7:28 p~m. Mayor McKelvey opened the public hearing. Jim Casserlv, Casserlv Molzahn, Inc. - reviewed the previous discussions to establish an Economic Development Authority to assist with the development and redevelopment activities in the City. The Council would act as Commissioners of the EDA. The existing development programs in the City would be transferred to the EDA. The EDA will be able to provide flexibility in commercial development¡ however, it can also be terminated if the Council so chooses in the future. It is a separate entity from the City and removes that liability from the City itself. The personal exposure to the Councilmembers is no different than being on the Council. There being no further testimony, Mayor MCKelvey asked for a motion to close the public hearing. MOTION by Knight, Seconded by Perry, to so move. Motion carried unanimously. MOTION by Perry, Seconded by Dalien, introducing the Enabling Resolution as presented. (See Resolution R056-94 establishing an Economic Development Authority under Minnesota Statutes, Sections 469.090 to 469.108) Motion carried unanimously. 7:35 p.m. APPROVE RESOLUTION TRANSFERRING TIF DISTRICTS TO EDA Attorney Hawkins advised Exhibit A is a description of the development district, which is larger than the Tax Increment Financing District in Exhibit B. Exhibit B is the areas from which the City is capturing revenues. MOTION by Dalien, Seconded by Jacobson, the Resolution transferring control, authority and operation of the Development District and its Tax Increment Financing Districts from the City of Andover to the Andover Economic Development Authority as presented. (See Resolution R057-94) Motion carried unanimously. .-- ---- -.. - -,------- -.. --- - Regular Andover City Council Meeting Minutes - April 5, 1994 Page 5 REFINANCING OF BONDS Jim Casserlv, Casserlv Molzahn, Inc. - stated they have received bids to refinance the 1987 Tax Increment bond issue for TIF District 1 and 2, the Shopping Center area. The interest rate on those bonds are between 9.5 and 9.7 percent. The bid submitted by Firstar Bank of Minnesota proposes a 10-year bond with an annual $90,000 principal payment, except for $75,000 in the last year, and interest rates from 5.55 percent the first year to 7.87 percent. The City will contribute $86,826.20 in cash for financing costs to achieve maximum savings and so the size of the debt is not increased. The net savings to the City to refinance the bond of $885,000 is $218,048.80. Because the market has been moving both up and down the last several weeks, Mr. Casserly felt the bid is very good for these bonds. Mr. Hawkins recommended the City consider accepting the bid and authorizing them to go ahead with the refinancing. They would close about May 1, but these rates are locked in if accepted this evening. Mr. Casserly also explained two other institutions who purchased a number of issues in the past reviewed the proposal, but they declined to submit a bid and didn't know how long they would not be purchasing additional bonds. He also talked with two other large firms who gave prices off of U.S. Government Treasuries. Using those two firms confirmed that the Firstar bid was in the ball park. MOTION by Jacobson, Seconded by Dalien, that we accept the bid from Firstar Bank of Minnesota and the varying interest rates from 5.55 percent to 7.87 percent over the period from 1994 through the year 2004 for a total principal sum of $885,000 as refinancing of a previous bond issue for 1987. (See Resolution R058-95) Motion carried unanimously. PUBLIC HEARING/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-30 7:50 p.m. Mr. Davidson reviewed the proposed project for the construction of a service road along Bunker Lake Boulevard between Jay Street NW and Hanson Boulevard NW and south to Commercial Boulevard. The project would also include sanitary sewer, watermain and storm sewer. It is a City Council initiated project, so a 4/5 vote is required to order it. He reviewed the estimated cost of the project to be financed with a combination of Tax Increment Financing and assessments. The proposal is to use 75 percent TIF funds and 25 percent assessments on the frontage road of Bunker Lake Boulevard, and 50 percent TIF funds and 25 percent on the east side and 25 percent to the west side of the southern leg of the service road. The storm drainage is expected to drain south to an existing bond on the Kottke property, and the proposal is to purchase the bonding easement rights and use that pond for detention to serve the entire area between Jay Street and Hanson Boulevard. Also, the proposal is to defer the sewer and water connection charges until connection would take place. - ---- --. ---- ..- --------- - --- r Regular Andover City Council Meeting Minutes - April 5, 1994 Page 6 (Public Hearing/Bunker Lake Blvd. Frontage Road/93-30, Continued) Mr. Davidson anticipated costs will be incurred for the right of ways. Based on what was done for Commercial Boulevard, the estimated cost for right of way would be $30,325 with about $3,000 for the ponding basin. It is also anticipated that Kottke Bus would eliminate their direct access to Hanson Boulevard and access from Commercial Boulevard. In addition, the frontage road at Jay Street will need to be pulled to the south to provide better access at that intersection. Mayor McKelvey opened the hearing for public testimony. Chuck Peterson, Kottke Bus Companv - stated the $45,000 assessment to the ABC Mini Storage and $39,000 to Kottke Bus creates a hardship for both of them. He felt the amount of frontage is the same for both, asking about the difference in the assessment. He also felt the assessment is out of line in both cases. The City will be owning the drainage area, but they are still being charged. Mr. Davidson stated the commercial use is what makes the difference. ABC may never want to connect to the utilities, which would result in no assessment for connection charges. If Kottke divides the large area, the area would be mul tiplied by the connection charge per acre. Also, the connection charges are subject to escalation, as they are adjusted the first of every year by the Council. Sewer and water would be provided to the eastern lot so that it can be developed. Mr. Peterson - felt the project does not benefit Kottke Bus nor ABC now. They have access to Hanson, and this just splits up their property. He is opposed at this time, thinking the only benefit is to Murphy Oil. He felt the project will eventually go, but they do not need it now and the assessment would create a substantial hardship. They are already paying assessments on Lot 7 for Commercial Blvd. Mr. Davidson advised if the project is not ordered, that this be designated as a future corridor; but doing this now is the best solution for dealing with the traffic now and in the near future. Commercial Blvd. is being designed so that the utilities and street access will fit with this street pattern. Bob Bendtsen, Lots 3 and 4 - liked the proposal and would like to see that corner developed. It is a major intersection which should be developed. There being no further testimony, Mayor McKelvey asked for a motion to close the public hearing. MOTION by Perry, Seconded by Dalien, to so move. Motion carried unanimously. 8:31 p.m. Discussion was on the possible choices of ordering the project, deferring assessments, or constructing only that portion along Bunker Lake Boulevard. Several Councilmembers felt that once the road and utilities are put in, the property would become quite valuable and would be sold and developed rather quickly. Because of that, they were willing to construct the project now, but defer assessments for up to three years. Another advantage of doing the proj ect now is the availability of tax increment funds to offset the costs. The costs could be considerably higher for the project in the future and higher to the property owners if tax increment funds are not available later. Regular Andover City Council Meeting Minutes - April 5, 1994 Page 7 (Public Hearing/Bunker Lake Blvd. Frontage Road/93-30, Continued) Mr. Peterson - saw no benefit to the project now because they are using every part of their land except Lot 8 East. He thought the project will happen some day, but right now it is no benefit to them. Kottke Bus would have no problem with granting the ponding easement rights. Mr. Bendtsen - liked the idea of the service road going around for better traffic flow. If it just dead ended at Murphy Oil, there would be traffic from only one direction. Also, when the county develops that intersection of Bunker Lake Boulevard and Hanson Boulevard, traffic could be diverted to this service road to avoid the intersection. He felt it is a good idea to do the entire project at once. The Council then tentatively agreed to proceed with the project but to defer assessments for three years; however, if a parcel were sold or subdivided and/or there is hookup to the utilities, the assessments would become due for it. After the three years, the assessment would be payable, though the connection charge for utilities would continue to be deferred if there had been no hookup until such time as connection took place. Mr. Peterson - thought the deferred assessments for three years would be acceptable, but he asked to bring that proposal to his partners for consideration. Attorney Hawkins advised the Council will need to determine whether the assessment will be deferred with interest or deferred interest-free. If interest is not charged, the City would have to fund an additional $7,SOO per year to cover that cost. MOTION by Jacobson, Seconded by Dalien, that we lay the matter of the sanitary sewer, watermain, street and storm sewer project, IP93-30, to the next regularly scheduled City Council meeting in April. DISCUSSION: Mr. Davidson stated because the City already has the easement for the extension of sanitary sewer and watermain to the Murphy Oil site, this action will not delay the project to provide them with service. Motion carried unanimously. 8:49 p.m. ORDER CONDEMNATION/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-30 Attorney Hawkins noted the Resolution includes all parcels needed for IP93-30, including the Kottke Bus property. He advised by ordering the condemnation at this time, they can begin the work, hire the appraiser, etc. ; and if the decision at the next meeting is to discontinue the project, they will stop the condemnation. MOTION by Jacobson, Seconded by Knight, the Resolution ordering condemnation for the drainage, utility and street easements that are necessary for Project No. 93-30, Bunker Lake Boulevard Frontage road and south to Commercial Boulevard, as presented in the Resolution before the Council tonight. (See Resolution ROS9-94) Motion carried unanimously. ___ H__ ____ _._~ ___ -~- ---0. I Regular Andover City Council Meeting Minutes - April 5, 1994 Page 8 WINSLOW HILLS 3RD STORM DRAINAGE/IP93-5, CONTINUED Mayor McKelvey explained he and City Staff met with Mr. Holasek, Gary Gorham, and Tim Kelly to resolve the concerns of Winslow Holasek's property at 1159 Andover Boulevard. Alternate No.2 was agreed to by all parties. Mr. Haas recommended the paragraph in the Agenda material read, "Accept Alternate 2 and allow the City of Andover to continue to issue building permits.", deleting the remainder of the paragraph. Council noted Item 2d is not complete. Mr. Haas said it should continue, "...south of the present culvert under the road in a southwesterly direction." The Holaseks will dedicate easement for Xeon Street, giving temporary and permanent easement for the construction of storm sewer. In addition, they will give drainage and utility easements for that portion on the west side of Xeon for the storm sewer and the pond. MOTION by Perry, Seconded by Knight, that we follow the Staff recommendation and accept Alternative No. 2 and allow the City of Andover to continue to issue building permits. Motion carried unanimously. , , " MOTION by Jacobson, Seconded by Dalien, that the City council~cind its action of the previous meeting which places a limit on bui ding permits which would have taken effect this evening and refer to the Motion which was just passed as the solution to that earlier action. Motion carried unanimously. APPROVE TIMBER MEADOWS 2ND PRELIMINARY PLAT Mr. Haas reviewed the proposed development of Timber Meadows 2nd, which consists of 37 single family rural residential lots. The plan before the Planning and Zoning Commission had nine variances. That number has been reduced to three, Block 2 Lots 4 and 5 and Block 4, Lot 9, all being less than 2.5 acres in size. The Review Committee is recommending approval with these changes on the variances because of the existing ditch and to save significant trees within the plat. Councilmember Jacobson questioned the length of Narcissus Street, feeling a variance is needed for exceeding 500 feet. Mr. Haas stated the Staff interpretation of the ordinance has been to measure the length of a street from intersection to intersection. Councilmember Jacobson disagreed with that interpretation, noting developers can then simply insert cul-de-sacs off a long road to circumvent the length requirement. There was some concern with approving a plat that includes an Outlot. Mr. Haas explained Outlot A does meet the 39,000 square-foot requirement, but there is a problem with frontage. The developer wants the option of including that area when he develops the property to the south, and that is why it is included as an Outlot. After some discussion, the preference of the Council was to label Outlot A as a lot instead. The developer would still be able to include that lot with any development to the south by simply replatting it. I, Regular Andover City Council Meeting Minutes - April 5, 1994 Page 9 (Approve Timber Meadows 2nd Preliminary Plat, Continued) Bvron westlund, Woodland Development - agreed with labeling the outlot as Lot 3 if he still has the ability to split and plat it with the land to the south. In sketching the layout of the property to the south, they found they did not need to extend Narcissus to the property line. MOTION by Perry, Seconded by Dalien, the Resolution approving the preliminary plat of Timber Meadows 2nd Addition as presented, noting that there was concern on the length of the cul-de-sac for Narcissus and asking that the Review committee and Staff come back to the Council with language that would assure that we do not have cul-de-sacs that go on indefinitely. In addition, we also note that the length of Narcissus Street exceeds the 500 feet allowed by ordinance and that a variance is granted for the length of that cul-de-sac. (See Resolution R060-94) Motion carried unanimously. AMENDMENT TO DEVELOPMENT CONTRACT, CONTINUED Mr. Haas reviewed the proposed policy amendment to the development contract which is a compromise between the City and the developers. Staff also wants to add that a request for a Certificate of Occupancy be submitted at least two weeks prior to the date of occupancy. MOTION by Jacobson, Seconded by Knight, that the City Council agrees to amend the Development Contract as indicated in Item No. 9 in our meeting agenda tonight with the following two changes: That no Certificate of Occupancy permits shall be issued for any lot in a plat, changing the word "lot" to "house". 2a, read that the Developer would notify the City a minimum of two weeks prior to any Certificate of Occupancy being required. Motion carried unanimously. SPECIAL USE PERMIT/McDONALD'S DRIVE-THRU WINDOW MOTION by Dalien, Seconded by Knight, the Resolution granting a Special Use Permit request of McDonald's Corporation for a drive-thru window located at 13735 Round Lake Boulevard NW, (PIN 32 32 24 13 0080), legally described as Lot 3, Block 1, Andover Community Shopping Center. (See Resolution R06l-94) Motion carried unanimously. Mr. Carlberg stated McDonald's has not yet made application for a sign permit. The Staff will work with Mcdonald's to have them construct a sign that is aesthetically pleasing to the area. SPECIAL USE PERMIT/MINING/BLAKE CONSTRUCTION Mr. Carlberg reviewed the request of Blake Construction for a Special Use Permit for mining at 16422 Hanson Boulevard. Council noted 13,000 cubic yards has already been removed, and that the Resolution should clearly state that only an additional 25,000 cubic yards can be removed from that site, totalling 38,000 cubic yards. -.. __ _.--. --_.-00- Regular Andover City Council Meeting Minutes - April 5, 1994 Page 10 (Special Use Permit/Mining/Blake Construction, Continued) Because the conditions of the previous Special Use Permit were not followed by Blake Construction, the Council agreed to grant this permit for one year, which can then be renewed if the conditions are met. It is not necessary to come back to the Council, but that the work is done correctly before being able to continue. MOTION by Perry, Seconded by Dalien, the Resolution with the change in Item 11 to 25,00 cubic yards, and Item No. 12, that "This permit is for a period of one year. The applicant may apply for another Special Use Permit upon satisfactorily completing all procedures as approved by the City Engineer." (See Resolution R062-94) Motion carried unanimously. BUSINESS LANDFILL COALITION Peter Turok, Anoka Area Chamber of Commerce - addressed the Council regarding their Coalition and the efforts they are making to get legislation passed concerning the clean-up of landfills in Minnesota. To help with the expense of lobbying efforts for alternatives to the Superfund Cleanup, the Chamber is asking Andover to contribute $500. There is a good chance that something will be passed this session, and they are hopeful for an amendment that would take on the Senate bill language. Under their proposal, the cost of landfill cleanup would be cut in half. Minnesota would be the first state to take it upon itself to clean up the landfills. MOTION by Jacobson, Seconded by Knight, to donate the $500 with the money to come from the Contingency Fund. Motion carried unanimously. COON CREEK WATERSHED DISCUSSION/ANNUAL SUMMARY Bob Bovum, Coon Creek Watershed Board Member - stated the Watershed has moved from total ditch cleaning to maintenance and is just trying to keep the water in the ditches flowing at a minimum expense to the people in the district. They plan to do the entire system in sections. Mayor McKelvey stated the City agrees with that philosophy. The Council did not have an opportunity to review the Annual Summary but had no further questions of Mr. Boyum. (The Council recessed at this time to hold an EDA meeting, 9: 50 ¡ reconvened at 10:04 p.m.) AUTHORIZE HIRING OF CODE ENFORCEMENT OFFICER Charlie Veiman, 13646 Crooked Lake Boulevard - asked what are the written duties of this employee. Mr. Fursman stated one of the first functions of the officer will be to make a recommendation and clarification of the position to the City Council as to the strategy and areas to be established first. It has been indicated by Council - _. --0 _ _ ~_ _____._~_ _ ___ _ ____.. Regular Andover City Council Meeting Minutes - April 5, 1994 Page 11 (Authorize Hiring of Code Enforcement Officer, Continued) and Staff that there would be a priority list of complaints already on record plus those received intermittently through public contact, addressing areas that are the most needy at this time. Part of the problem with enforcement is that the language of the ordinance might not be specific enough in certain areas, and those areas will be addressed by the Code Enforcement Officer to broaden the scope of that position. Mr. Veiman - accepts that residents make complaints, but it is unacceptable that it is not known who is making the complaint. It is wrong to be allowed to make statements about someone but can never be confronted on it. Mr. Carlberg explained State Statute does not allow the City to give out the name of the complainant. Mr. Veiman - did not have a problem with addressing complaints, but he did not want to see this person sneaking around trying to find himself extra work¡ and this is something he is really worried about. Councilmember Perry felt if that individual, in the course of daily activity, sees an ordinance violation, it is that individual's responsibility as a City employee to do something about it. Mr. Veiman - didn't agree, stating there will be many problems if the employee operates in that manner, especially looking for issues. He felt it is going to end up being a gestapo-type situation of looking for problems and causing problems. He is very worried about this. Councilmember Jacobson stated the Personnel Committed talked about this officer responding to the many complaints that are already on file and enforcing the ordinances in the commercial areas. In addition, if the officer sees a code violation from the right of way, something that everyone can see, he would be expected to investigate. The Council is not expecting that officer to walk into houses or garages looking for violations, but he would respond to complaints. Councilmember Jacobson expected the Council will be hearing many situations, but the ordinances will need to either be upheld or changed. Mayor McKelvey stated they do not want the officer to be searching out businesses to get rid of them. But it is something different if there is a complaint. It would be wonderful if everyone cleaned up their properties the way they should be. He would also prefer to have the City take care of these problems rather than have the EPA or PCA come in to do it. Mr. Veiman - wanted the Council to be aware of what the residents feel. Mayor McKelvey didn't want a gestapo out here either, but the ordinances should be enforced or they should not exist. A happy medium should be attained. Mr. Carlberg stated most of the surrounding cities and cities the size of Andover do have Code Enforcement Officials. Mr. Fursman stated some of the code enforcement duties will be subordinated to what some call their Community service Officer, who writes a large number of violations. That breaks down to more of a nuisance type thing like barking dogs, junk vehicles, etc. Mr. Carlberg stated Staff will be looking at changing the procedure to institute a tagging system, which has been successfully done in Apple Valley. One of the first duties of the Officer will be to research other communities as to their procedures and recommend a change to Andover's procedures so it is more effective. .. -_.- . - ~-- ----.~_. Regular Andover City Council Meeting Minutes - April 5, 1994 Page 12 (Authorize Hiring of Code Enforcement Officer, Continued) MOTION by Perry, Seconded by Jacobson, that we approve the hiring of Jeffrey N. Johnson to fill the Code Enforcement Officer position effective April 25, 1994, at the salary stated in the information sheet that we were given. Motion carried unanimously. APPROVE RESOLUTION LIMITING GARBAGE HAULER LICENSES Councilmember Jacobson opposed limiting competition and had a problem with the recommendation to limit the number of garbage hauler licenses in the City. If weight on the roads is a problem, he suggested they be tagged. Mayor McKelvey understood garbage haulers were exempt from the weight restrictions. MOTION by McKelvey, Seconded by Knight, the Resolution limiting the number of residential garbage hauler licenses to ten and the number of commercial garbage hauler licenses to seven in the City of Andover. (See Resolution RO 63-94) DISCUSSION: Mr. Carlberg explained the commercial haulers are licensed by the county, not by the City. The City licenses the residential haulers. Cindy DeRyder, Recycling Coordinator, stated if the City is going to organize collections, the number of haulers must be limited. Staff is researching organized collections now. Motion carried on a 4-Yes, I-No (Jacobson) vote. After a short discussion, the consensus of the Council was they were not interested in organized collections within the City and that the Staff should not be researching it at this time. Ms. DeRyder announced the household hazardous waste collection date for Andover, Anoka, Ramsey and Coon Rapids at the Anoka County Fairgrounds, and asked for volunteers. PARK BOND DISCUSSION Mr. Fursman summarized his memo to the Council to consider options regarding the development of the City Hall Park Complex No. 2. Given the amount of money needed to complete that complex plus the many other needs for parks in the City such as trails, bathroom facilities, water facilities, upgrading and maintenance, etc. , Staff has looked into the possibility of holding a park bond referendum. The Park Board has also discussed the possibility of a bond referendum because of the many needs and lack of financing available. It would be possible to have such an election on June 7, 1994. Bob Thistle, financial consultant from Sprinqsted - reviewed the estimates made of the cost to the residents to bond for $750,000, $1,00,000, or $1,250,000 in general obligation bonds for park improvements. Mr. Fursman stated if the Council is interested, Staff can research additional information. ~-- -- .- . -- -.. ------- - - -~-- Regular Andover City Council Meeting Minutes - April 5, 1994 Page 13 (Park Bond Discussion, Continued) During Council discussion, the general feeling was the Field of Dream complex probably should not be done before the sanitary sewer line is extended through the property. Consideration for the extension of that sewer line would take place after the results of the school bond election are known. The consensus was the Council would be willing to consider a park bond referendum, but not on June 7 which is when the special elections will be held in both Districts 11 and 15. It was suggested a late summer or fall or Spring, 1995, election be considered. Another idea was to hold the election in November with the general election, which would save costs and get a larger turnout. If the Park Board is serious about a bond issue, the Council felt it is important that they talk with the residents about what is being proposed and why it is necessary, especially in neighborhoods were improvements would be done¡ get a feel of what they want and need. Then come back to the Council with the specific requests of what will be done and how much it will cost. Dave O'Toole, Andover Recreational and Development Association - explained the initial enthusiasm for this project is fading as it appears nothing is being done, and the volunteer help is evaporating. There are volunteers ready to put up the concession stand and storage building. As a Park Board member, he also knows that there are many other needs besides the Field of Dreams. Any further delays is of great concern to him because of the need for the fields and the loss of volunteers. If construction is delayed this year, it will be 1996 before they can use the fields. As of February 1, their organization has raised $17,000. That, along with park dedication money, is not enough to get the Field of Dreams graded. He will continue to raise money and work to get the park developed, but he felt it is reasonable to ask for a bond issue some time this year. There was some discussion on the possibility of being able to do the four ball fields in conjunction with the extension of the sewer project, assuming the school bond issue passes and the line is extended. However, Mr. Haas recommended the entire Field of Dreams project be done at one time. staff agreed to look at a fall bond election. No further action was taken. CITY UNITY DAY Mayor Mckelvey read the Resolution resolving that Andover, as a member of the League of Minnesota Cities, urges consideration of the several items noted in the Resolution by the Legislature. MOTION by Knight, Seconded by Dalien, to approve the Resolution as read. (See Resolution R06l-94) Motion carried unanimously. - - - __ - ~ 0.- Regular Andover City Council Meeting Minutes - April 5, 1994 Page 14 PAYMENT OF CLAIMS MOTION by Jacobson, Seconded by Perry, the bills as presented by Staff. Motion carried unanimously. MOTION by Knight, Seconded by Perry, to adjourn. Motion carried unanimously. The meeting was adjourned at 11:30 p.m. Respectfully submitted, ~~~u~ Recording Secretary -"' ~ --- --~_. ----