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HomeMy WebLinkAboutCC August 20, 1996 I f\9rró\J{,O 913)Cf/P CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular Cit)' Council Meeting - AuguSl20, 1996 IloOr .7:00 P.\! Res. orum ÁEenda Approval Consent "-cuda Appronl of Minutc;; Discussion 1t~m I. Dick Kimbler/State Senate Candidate 2. Association of Metropolitan Municipalities Presentation 3. Hunters HollowlPreliminary Plat Discussion, Conlinued 4. Ponding for Radamacher & AssocÆills of Bunker Lake 3rd 5. Sketch Plan/Crown Pointe East 2nd 6. Award Bid!94-30/City Hall Strucrural Sleel 7. Sunday Liquor on Ballot 8. Public Works Building Financing 9. Rights of Way Litigation EDA Meelinr 10. Purchase of Tax Ladies, Inc. R~norts or Starr. Committ~ts. Commis~ions 11. Water Usage/Sunshine P..oic Non-DisC'u§sion/Consrnt Itrms 12. Approve Ordinance Summary/Wetland Buffer 13. Order Feasibility. Report/96-19/Sunshine Parle Irrigation Well 14. Order Plans & Specs/94-30IEarthwork & Site Utilities IS. Approve Plans & Specsl94-30lEarthwork & Site Utilities 16. Order Plans & Specsl94-30lLanclscaping 17. Approve Plans & Specsl94-30lLanclscaping 18. Order Plans & Specsl94-30/Concrete & Masonry 19. Approve Plans & Specsl94-30/Concrete & Masonry 20. Order Plans & Specsl94-30/Structural Steel- Labor 21. Approve Plans & Specsl94-30/Suuctural Steel- Labor 22. Order Plans & Specsl94-30lMisceJlaneous Constnlc:tÎon 23. Approve Plans & Specsl94-30lMisceJlaneous Construc:tÎoD 24. Order Plans & Specsl94-301R00fing 25. Approve Plans & Specsl94-30lRoofing 26. Order Plans & Specsl94-30/ Aluminum Windows & Entrances 27. Approve Plans & Specsl94-30/Aluminum Windows & Entrances 28. Order Plans & Specsl94-30/Skylights 29. Approve Plans & Specs.'94-30/Skylights 30. Order Plans & Specsl94-30lDrywall Systems 31. Approve Plans & Specsl94-30/DrywaJl Systems 32. Order Plans & Specsl94-301Flooring 33. Approve Plans & Specsl94-30lFJooring 34. Order Plans & Specs!94-30/CeiIing Tile Systems 35. Approve Plans & Specs/94-30/CeiJing Tile Systems 36. Order Plans & Specsl94-30/Painting 37. Approve Plans & Specs!94-30IPainting 38. Order Plans & Specs!94-30IMechanical 39. Approve Plans & Specsl94-30lMechanical 40. Order Plans & Specsl94-30/Electrical 41. Approve Plans & Specs/94-30/Electrical 42. Approve Quote!95-23 'Removal of Service Road Entrancc!Woodland Terrace 43. Release Lener of CreditlPinewood Estates 2nd 44. Approve Mowing Fees 45. Authorize Sale/Lot I. Block I. Hartfiel's Estates 'Inor .Cnuncillnour PI' mtnl or f 111m\ \IJlflurnm"nl REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 20, 1996 TABLE OF CONTENTS AGENDA APPROVAL · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R156-96 awarding bid/IP94-30/City Hall structural steel . · · · · · · · · · · · · · · · · · · · · · 1 Approve Ordinance summary/Wetland Buffer Resolution R157-96 ordering feasibility/IP96-19/Sunshine Park irrigation well · · · · · · · · · · · · · 1 Resolution R158-96 ordering plans and specs/IP94-30/earthwork and site utilities · · · · · · · · · · · · · · · · 1 Resolution R159-96 approving plans and specs/IP94-30/earthwork and site utilities · · · · · · · · · · · 1 Resolution R160-96 ordering plans and specs/IP94-30/1andscapingl Resolution R161-96 approving plans and specs/94-30/landscaping 1 Resolution R162-96 ordering plans and specs/IP94-30/concrete and masonry · · · · · · · · · · · · · 1 Resolution R163-96 approving plans and specs/IP94-30/concrete and masonry · · · · · · · · · · · · · · · · · , · · 1 Resolution R164-96 ordering plans and specs/IP94-30/structural steel - labor · · · · · · · · · · · · · · · · · · · · 1 Resolution R165-96 approving plans and specs/IP94-30/structural steel - labor · · · · · · · · · · · · 1 Resolution R166-96 ordering plans and specs/IP94-30/ miscellaneous · · · · · · · · · · · · · · · · · · · 1 Resolution R167-96 approving plans and specs/IP94-30/ miscellaneous · · · · · · · · · · · · · · · · · · · · · · 1 Resolution R168-96 ordering plans and specs/IP94-30/roofing 1 Resolution R169-96 approving plans and specs/IP94-30/roofing 2 Resolution R170-96 ordering plans and specs/IP94-30/aluminum windows and entrances · · · · · · · · · · · · · · · · · · 2 Resolution R171-96 approving plans and specs/IP94-30/aluminum windows and entrances · · · · · · · · · · · · · 2 Resolution R172-96 ordering plans and specs/IP94-30/skylights 2 Resolution R173-96 approving plans and specs/IP94-30/skylights 2 Resolution R174-96 ordering plans and specs/IP94-30/drywall systems · · · · · · · · · · · · · · · 2 Resolution R175-96 approving plans and specs/IP94-30/drywall systems · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R176-96 ordering plans and specs/IP94-30/flooring 2 Resolution R177-96 approving plans and specs/IP94-30/flooring 2 Resolution R178-96 ordering plans and specs/IP94-30/ceiling tile systems · · · · · · · · · · · · · 2 Resolution R179-96 approving plans and specs/IP94-30/ceiling tile systems · · · · · · · · · · · · · · · · · · · · · 2 Resolution R180-96 ordering plans and specs/IP94-30/painting 2 Resolution R181-96 approving plans and specs/IP94-30/painting 2 Resolution R182-96 ordering plans and specs/IP94-30/mechanical 2 Resolution R183-96 approving plans and specs/IP94-30/mechanica12 Resolution R184-96 ordering plans and specs/IP94-30/electrical 2 Resolution R185-96 approving plans and specs/IP94-30/electrica12 Approve quote/IP95-23/removal of service road entrance/ Woodland Terrace · · · · · · · · · · · · · · · · · · · 2 Release Letter of Credit/Pinewood Estates 2nd · · · · · · · · 2 Approve mowing fees · · · · · · · · · · · 2 Authorize sale/Lot 1, Block 1, Hartfiel's Estates · · · · · 2 Regular Andover City Council Meeting Minutes - August 20, 1996 Table of Contents Page ii APPROVAL OF MINUTES · · . · · · · · · · · · · · 3 DICK KIMBALL/STATE SENATE CANDIDATE . · · · · · · · · · 3 ASSOCIATION OF METROPOLITAN MUNICIPALITIES PRESENTATION · · · 3 HUNTER'S HOLLOW/PRELIMINARY PLAT DISCUSSION, CONTINUED · · · 3 & 8 PONDING FOR RADAMACHER AND ASSOCIATES/HILLS OF BUNKER LAKE 3RD · 5 SUNDAY LIQUOR ON BALLOT . . . · · · · · · · · · · · · · · · 7 Motion to put Sunday Liquor on November Ballot · · · · · · · 8 HUNTER'S HOLLOW/PRELIMINARY PLAT DISCUSSION, CONTINUED · · · · · 8 Resolution R186-96 approving preliminary plat · · · · · · · 9 SKETCH PLAN/CROWN POINTE EAST 2ND . · · · · · · · · · · · · 9 PUBLIC WORKS BUILDING FINANCING . · · · · · · · · · · · · · 10 RIGHTS OF WAY LITIGATION Motion to participate in funding of defense · · · · · · · 11 WATER USAGE/SUNSHINE PARK Motion to pay water usage up to $10,000 from Contingency Fund 11 MAYOR/COUNCIL INPUT Blocking of service road across from Narcissus · · · · 12 Engineering costs to TKDA · · · · · · · · · · · · 12 Tow trucks parking in residential area · · · · · · · 12 Seal coating at 143rd and Round Lake Boulevard · · · · · · 12 APPROVAL OF CLAIMS · · · · · · · · · · · 12 ADJOURNMENT . . . . . · · · · · · · · · · · · · · 12 .- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - AUGUST 20, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on August 20, 1996, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Item 6, Award Bid/IP94-30/City Hall Structural Steel, be moved to the Consent Agenda. MOTION by Dehn, Seconded by Kunza, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 6 Award Bid/IP94-30/City Hall Structural Steel (See Resolution RI56-96) Item 12 Approve Ordinance Summary/Wetland Buffer Item 13 Order Feasibility Report/IP96-19/Sunshine Park Irrigation Well (See Resolution RI57-96) Item 14 Order Plans and Specs/IP94-30/Earthwork and Site Utilities (See Resolution R158-96) Item 15 Approve Plans and Specs/IP94-30/Earthwork and Site ~ Utilities (See Resolution R159-96) Item 16 Order Plans and Specs/IP94-30/Landscaping (See Resolution RI60-96) Item 17 Approve Plans and Specs/IP94-30/Landscaping (See Resolution RI61-96) Item 18 Order Plans and Specs/IP94-30/Concrete and Masonry (See Resolution RI62-96) Item 19 Approve Plans and Specs/IP94-30/Concrete and Masonry (See Resolution RI63-96) Item 20 Order Plans and Specs/IP94-30/Structural Steel - Labor (See Resolution RI64-96) Item 21 Approve Plans and Specs/IP94-30/Structural Steel - Labor (See Resolution RI65-96) Item 22 Order Plans and Specs/IP94-30/Miscellaneous Construction (See Resolution RI66-96) Item 23 Approve Plans and Specs/IP94-30/Miscellaneous Construction (See Resolution RI67-96) Item 24 Order Plans and Specs/IP94-30/Roofing (See Resolution RI68-96) Regular Andover Ci ty Council Meeting Minutes - August 20, 1996 Page 2 (Consent Agenda, Continued) Item 25 Approve Plans and Specs/IP94-30/Roofing (See Resolution RI69-96) Item 26 Order Plans and Specs/IP94-30/Aluminum Windows and Entrances (See Resolution RI70-96) Item 27 Approve Plans and Specs/IP94-30/Aluminum Windows and Entrances (See Resolution R171-96) Item 28 Order Plans and Specs/IP94-30/Skylights (See Resolution RI72-96) Item 29 Approve Plans and Specs/IP94-30/Skylights (See Resolution RI73-96) Item 30 Order Plans and Specs/IP94-30/Drywall Systems (See Resolution RI74-96) Item 31 Approve Plans and Specs/IP94-30/Drywall Systems (See Resolution RI75-96) Item 32 Order Plans and Specs/IP94-30/Flooring (See Resolution RI76-96) Item 33 Approve Plans and Specs/IP94-30/Flooring (See Resolution RI77-96) Item 34 Order Plans and Specs/IP94-30/Ceiling Tile Systems (See Resolution R178-96) Item 35 Approve Plans and Specs/IP94-30/Ceiling Tile Systems (See Resolution R179-96) Item 36 Order Plans and Specs/IP94-30/Painting (See Resolution RI80-96) Item 37 Approve Plans and Specs/IP94-30/Painting (See Resolution RI81-96) Item 38 Order Plans and Specs/IP94-30/Mechanical (See Resolution RI82-96) Item 39 Approve Plans and Specs/IP94-30/Mechanical (See Resolution RI83-96) Item 40 Order Plans and Specs/IP94-30/Electrical (See Resolution R184-96) Item 41 Approve Plans and Specs/IP94-30/Electrical (See Resolution R185-96) Item 42 Approve Quote/IP95-23/Removal of Service Road Entrance/Woodland Terrace Item 43 Release Letter of Credit/Pinewood Estates 2nd Item 44 Approve Mowing Fees Item 45 Authorize Sale/Lot 1, Block 1, Hartfiel's Estates Mayor McKelvey asked that all of the Items relating to IP94-30, the City Hall Project, include a provision that the prevailing wage would be required. He did not receive an answer from Adolfson and Peterson as to whether that provision is included in the plans and specificationE. Mr. Erickson stated if it is not included, they can add an addendum and advise that the prevailing wage clause is added in the specificat.ions. Mayor McKelvey asked for a motion to approve the Consent Agenda with the prevailing wage clause added to the plans and specifications for Project 94-30. MOTION by Jacobson, Seconded by Dehn, to so move. Motion carried unanimously. - -- Regular Andover City Council Meeting Minutes - August 20, 1996 Page 3 APPROVAL OF MINUTES August 6, 1996, Regular Meeting: Correct as written. August 6, 1996, EDA Meeting: Correct as written. August 7, 1996, Special Meeting: Correct as written. MOTION by Kunza, Seconded by Knight, to approve the two meetings of August 6. Motion carried on a 4-Yes, I-Present (Jacobson) vote. MOTION by Jacobson, Seconded by Knight, to approve the August 7 Minutes. Motion carried on a 3-Yes, 2-Present (Dehn, Kunza) vote. DICK KIMBALL/STATE SENATE CANDIDATE KìrY1b\~ Dick Ki"~C1.1-l, Republican candidate for the office of State Senate, addressed the City Council providing a background of his experience and outlining some changes in taxation he'd propose if elected. ASSOCIATION OF METROPOLITAN MUNICIPALITIES PRESENTATION James Prosser, Vern Peterson, Roger Peterson and John Weaver addressed the Council on the benefits of being a member of the Association of Metropolitan Municipalities. They explained how the Association represents the member cities' interests to the Metropolitan Council and the State legislature, how they have worked to resolve conflicts between cities, that they do not duplicate the efforts of the League of Minnesota Cities, and on their conservative use of the funding paid by the member cities. They also pointed out some of the issues they have worked on in the past and some they will continue to lobby for. Their budget for the year 1996 was $347,000. It is expected to increase to $356,000 in 1997. Historically their budgets have increased less than three percent a year. They have a full-time staff of four employees, which has been the same number ever since its been in existence for 22 years. Dues for the City of Andover for 1997 would be $4,866, which is based on a percentage the City pays to the League of Minnesota Cities. Before the Association takes a position on an issue, a two-thirds vote of the membership is required. No Council action was taken. HUNTER'S HOLLOW/PRELIMINARY PLAT DISCUSSION, CONTINUED After reviewing the tape of the July 16, 1996, City Council meeting regarding the preliminary plat of Hunter's Hollow, it was Attorney Hawkin's opinion that the plat was approved contingent upon the widening of the cul-de-sac on 164th Lane NW. He arrived at that opinion baeed on the discussion with the developer who stated he would work with the property owners to widen that cul-de-sac and on the comments of the property owners who indicated a willingness to have that cul-de-sac brought up to standard. He felt the developer does not have preliminary plat approval at this point. - - Regular Andover ci ty Council Meeting Minutes - August 20, 1996 Page 4 (Hunter's Hollow/Preliminary Plat Discussion, Con tinued) John Berg, engineer for Hunter's Hollow, representing the developer Gold Nugget Development, presented a drawing for a full-sized cul-de-sac at the end of 164th Lane that would meet the ordinance requirements and would not adversely infringe on the adj acent property owners. The throat of the new cul-de-sac would begin at the center of the existing one and would extend across the property line onto the developer's property, which would be the center line of the proposed cul-de-sac. At that location, the removal of trees, which was a concern of the neighbors, is minimal. The new cul-de-sac would result in the need for additional storm water drainage, ponding and piping. The developer is proposing to pay for the additional $5,000 in storm water costs, to pay the cost of $2,500 to excavate the pond, plus pay an additional $2,000 for the construction of the cul-de-sac itself. Gold Nugget has no benefit from the cul-de-sac, but would be paying $9,500 for it. He estimated the total cost will be about $15,000. The cul-de-sac cannot be moved much farther east because the elevation begins to drop significantly and because it would encroach into a flood plain, which would then require flood plain map revisions. Several of the affected property owners that were present indicated they did not have an opportunity to study this proposal, so they could no~ comment on whether or not they would support it. Councilmember Jacobson disagreed with the Attorney's opinion, stating the motion approving the preliminary plat said nothing about the cul-de-sac on 164th. It was his understanding that the property owners on the existing cul-de-sac and the developer were to discuss options and reach an agreement. It was more of a gentleman's agreement, not a part of the Resolution. If the property owners won't contribute to the construction of the wider cul- de-sac, he suggested it be left alone as it has been for years until the road is blacktopped in the future. At that time a full-sized cul-de-sac could be constructed and the costs spread among all of the property owners along the street. The Attorney, the Mayor, and Councilmembers Knight and Kunza disagreed with Councilmember Jacobson. They understood that Heather Street was removed with the condition that the cul-de-sac on 164th be widened to meet the ordinance requirements. Councilmember Knight felt that the cost to the developer of constructing the new cul- de-sac would be about the same as having to construct Heather Street. There was a great deal of discussion with Mr. Berg on the conflicting opinions as to what was agreed to at the July 16 meeting and on the need for the full-sized cul-de-sac. Residents were unable to comment on Mr. Berg's proposal, as their concern was the impact on the trees and the taking of their front yards. Mr. Erickson felt that the cul-de-sa-:: could be situated such that it would have a minimal impact on the trees and neighboring yards. Mr. Berg did not wish to delay this any further, as they need to begin the project. Each delay is costly for them. The Council also noted they are nearing the 60-day time limit. After discussing several options, Mr. Berg, Mr. Erickson and the residents agreed to visit the site at this time to stake out where the cul-de-sac would be placed and to see the effect on the trees and neighboring yards. After their return, the Council continued discussing this item (See Page 8 of these Minutes) . Regular Andover City Council Meeting Minutes - August 20, 1996 Page 5 PONDING FOR RADAMACHER AND ASSOCIATES/HILLS OF BUNICER LAICE 3RD Mr. Erickson explained Radamacher and Associates is proposing t) construct a new Bill's Superette on the commercial site between 138th and 139th Lane on Hanson Boulevard. The issue is the storm water ponding for the 100-year storm. Additional ponding is needed, which would be located in a large stand of trees that acts as a buffer between the site and the residential property to the east. Joe Nemo, Radamacher and Associates, explained the existing storm pond in the residential area was designed to accommodate the storm runoff for the residential lots and this commercial piece. Then all they would have needed is a small sedimentation pond to control their storm water runoff. That would have been the case had it not been for the fact that one of the houses was built lower than the permitted minimum elevations on the grading plan that was approved by the City for the subdivision. Because of that, they are confronted with having to build an enormous pond on their property to accommodate the storm runoff problem. They would basically pay to correct a problem they did not create. However, they do not want to eliminate the natural buffer to the residential lots. One recommendation for a long-term solution is to increase the capacity of the lift station to handle the runoff from their sedimentation pond. It would not adversely impact the existing pond nor create a 100-year flood problem for the residential lots. Also, besides the aesthetics of losing the trees, they feel it comes close to "- constructive taking on a part of their property by having to construct such a large pond to solve a problem created by the City. At this point they are not seeking a variance. Radamacher's engineer explained they are looking to enlarge the existing lift station and pipe from their sedimentation pond to the lift station. There is little runoff now, but there will be more once it is developed. That runoff would not go directly to the existing pond but the flow would be controlled to prevent problems with the elevation of water in that pond. Because the problem was in part created by the City, they feel this should be done at the City's expense. He didn't yet know the cost a larger lift station. Mr. Fursman noted the ponds down stream were designed to handle this flow. The concern of Staff is with the operation of the lift station itself. A power source is needed and the concern is if the system malfunctions during severe weather when the electricity goes out, which is when the lift station would be needed most. A solution would be a back-up generator, which is very costly. Mr. Hawkins felt that it is not the City's liability but the builder or developer who constructed the house at an improper grade. Mayor McKelvev noted the existing lift station was installed when that house was constructed below grade, and it was paid for by the contractor. He questioned why this parcel was not considered at the time the lift station was installed and why it was not made large enough to handle this parcel. Regular Andover City council Meeting Minutes - August 20, 1996 Page 6 (ponding for Radamacher & Associates/Hills of Bunker 3rd, Continued) Mr. Nemo stated an overflow into the parking lot has been discussed as an option; however, they do not favor that option. The surface of the parking lot has the potential of becoming a skating rink in the winter so it becomes a safety issue, plus it does nothing to prolong the lif2 of the pavement. Also, relocating the pond dramatically impacts the undeveloped area of the parcel. In discussing the problem, the Council's priority was to save the trees that act as a buffer to the residential area. If an enlarged lift station is the solution, the question is the cost and who would pa}" that cost. They proposed that the developers and Staff research this further to come up with a series of alternatives, associated costs and impact of each solution to resolve the situation. Mike Malroney, 13868 Crane Street - stated the residents in the area are incensed over the project, partly because of the ponding. The other part is the project itself. It is unconscionable that the developers would take on the volume of business and caliber of SuperAffierica. They do not need another gas station in the area. The residents would prefer a business that is not high volume. The ponding is a concern. The two neighbors on the cul-de-sac invested $15,000 in rip rap control to shore up their property, as it was eroding into the pond. Now more water is to be added. He invited the Council to look at the oak grove that buffers the residential area from Hanson Boulevard. He suggested other solutions be found and a more passive land use be placed on that corner, something that will not be generating more traffic in the neighborhood. There are people backed up on the streets now to access Hanson Boulevard. This project will have a severe impact. Mr. Nemo stated the lot has been zoned for this use since the subdivision was developed. Their use is permitted, and they hold the necessary permits. The use of the property is not appropriat~ for discussion tonight. Another resident noted he is one of the older home owners, having bought the model home from Rom Smith. There was no problem with the pond when they moved in. When the drought ended, the water rose 15 feet into his back yard. It eventually drains off, but he's amazed he doesn't have water in his basement. Possibly that is because of the drain tile the developer put around the house. This summer he put in gutters and drain spouts, but that only does so much. His lot is the lowest one around the pond. The lift station is not automated. Somebody has to turn it on. Greg Lindusky (?), 138th, has a problem with the gas station moving in. He had water problems when SuperAmerica was built, and he still does. City workers have been out to his property to backhoe to solve the water problem. A major amount of water flow will come from the pumped area to their pond. The pump is not working now. He sees the pond raise and come down. He sees the workers out there. He encouraged the Council to view the area, pridicting there will be a problem. Regular Andover City Council Meeting Minutes - August 20, 1996 Page 7 (ponding for Radamacher & Associates/Hills of Bunker 3rd, Continued) Joyce Twistol, property owner on the pond that is believed to be impacted the most, stated Mr. Nemo and his crew visited her home. In walking the parcel tonight, she noted the distances from the pond to the grove of dense trees and the negative impact it would have on her property. She also stated in viewing the other gas stations, few have four bays for dispensing gas as is being proposed here. Her biggest concern is if there is a particular flood and the pump can't take car~ of it. There will be eight properties directly affected. Water does come into her yard when the pump isn't working. The pump wasn't working this spring, and the City had to pump the pond down. The residents all recognize the property is zoned commercial, but it is already difficult getting from 139th onto Hanson Boulevard. Another gas station will generate more traffic, so a traffic light will probably be needed. They are willing to work with the developer, but the water situation is critical. That is a small pond that is an aesthetic addition to their properties to some degree. She appealed to the Council to act on their behalf and to help safe the trees. Ed Stacy, 13891 Crane Street, lives on the pond. The pond went up after they purchased the property and flooded the yards. If the water rises any more, there could be flooding in their basements. His concern is with the high volume of water coming to their pond. Mr. Fursman noted the Council has directed the Staff to work on the issue of the ponding to save the trees and to have as minimal impact on the area as possible. He acknowledged the existing pump is not adequate and that if another one is used, it would require a much better pumping design. The appropriateness of the use is up to the developer unless the Council wishes to change the zoning of the parcel. Legally they have the right develop to the proposed use. The City will do its utmost in working with the developer to make the impacts of the property as little as possible and to remove as few trees as possible to accommodate the neighborhood. Another resident felt that the traffic issues should be addressed. He noted the difficulty of being able to pullout of 138th Lane going south on Hanson Boulevard and the heavy traffic there now. The additional traffic from the use will just make it worse. Council took no further action at this time, reiterating its direction to the Staff to work with the developer on developing alternatives. SUNDAY LIQUOR ON BALLOT Mr. Fursman asked the Council to consider adding the question of Sunday liquor to the November ballot. Prom a Staff perspective, if a petition comes in, they have the responsibility of looking at each signature for validity. It is very time consuming. He stated 1,500 signatures are necessary to put the issue back on the ballot. Or the question can be put on the ballot by Council initiative rather than by petition. Regular Andover City Council Meeting Minutes - August 20, 1996 Page 8 (Sunday Liquor on Ballot, Continued) Mayor McKelvey understood a petition is being circulated, but the petitioners are of the understanding that 5,000 signatures are needed. They may already have the required number of signatures. He'd prefer the Council place the question on the ballot so the Staff does not have to use its time to verify each signature. Councilmember Jacobson stated the issue has been on the ballot twice and has been defeated both times. He is not against putting it on the ballot; but if the people of Andover wish to vote on it again, he thought it should be done by petition. Councilmember Kunza preferred the Council initiate the question to avoid adding more work load to the Staff. Councilmember Dehn agreed wi th Councilmember Jacobson that the issue has been decided twice. On the. other hand, Sunday liquor is needed to attract any nice restaurants to the City. If there is a petition being circulated, the Council could initiate the question to save Staff's time in verifying signatures. MOTION by McKelvey, Seconded by Kunza, that the Council put the Sunday liquor question on the ballot for the November election. DISCUSSION: Councilmember Jacobson would rather not put the question on the ballot at all; but if the people themselves petition for it and vote for it, he will go along with it. He doesn't like to see the Council overstepping that process. Councilmember Dehn agreed but felt this will save taxpayer dollars and Staff's time. Motion carried on a 4-Yes, l-No (Jacobson) vote. HUNTER'S HOLLOW/PRELIMINARY PLAT DISCUSSION, CONTINUED Mr. Erickson reported after a field review of the layout and alignment of the proposed cul-de-sac location on 164th Lane, it appears everyone's issues are resolved. Most of the trees are bypassed, though a few smaller ones will have to be removed. He believed both the developer and the property owners have agreed on that location. The proposed cul- de-sac would meet the ordinance requirements. Todd Mickley stated it will take out the corner of their property and they will have to grant an easement, but they are happy to save the trees. It is moved to the east and no longer gets close to the house. Mr. Berg did not think the proposed location will infringe on the flood plain. They will know more once they start the work. It will be very expensive. He again noted the position of Gold Nugget DeveJ_opment regarding its participation in the costs of that cul-de-sac that serves no benefit to the plat. The discussion was then on who should pay the costs. Mr. Berg restated the position of the developer and the Council noted the City's policy of not paying for the construction of roads. Councilmember Jacobson reiterated his suggestion that if the property owners are not willing to contribute in the costs, that the construction of that cul-de-sac be dropped until the road is blacktopped, at which time the costs would be spread among all property owners on the street. He felt the developer Regular Andover City Council Meeting Minutes - August 20, 1996 Page 9 (Hunter's Hollow/Preliminary Plat Discussion, Con tinuedJ has an approved plat without the condition of the cul-de-sac. The other Councilmembers did not agree. They felt there is a need for the cul-de- sac to be constructed now and were of the understanding that the Resolution was predicated on the discussion that the construction of the full-sized cul-de-sac would replace the removal of Heather Street from the plat. They concurred with the Attorney's opinion that there is no approved preliminary plat at this time. The question became how to proceed at this point. After more debate, Mr. Berg stated the developer has already lost more money because of delaying the plat than the cost of constructing the cul-de-sac. Because it sounded like the plat would not be approved, he spoke for Gold Nugget Development by stating they will pay for the cul- de-sac if that is the only way the plat will get approved this evening. It costs them a great deal of money to drag this out any more. For the record, he stated they have tried to do everything they could to resolve a substandard cul-de-sac that they did not create. At this point, Attorney Hawkins advised that a Resolution be adopted approving the preliminary plat with the conditions originally set out and add a condition that the developer's representative has agreeè they will construct the cul-de-ac on 164th Lane according to the agreement reached with the property owners at their expensive. MOTION by Dehn, Seconded by Kunza, to so move. (See Resolution RI86-96) DISCUSSION: Councilmember Jacobson stated he will vote no because in his mind there already is an approved plat. The cul-de-sac is outside that. He applauded the fact that the developer is going to do that. Motion carried on a 4-Yes, I-No (Jacobson) vote. SKETCH PLAN/CROWN POINTE EAST 2ND Mr. Carlberg reviewed the sketch plan of the proposed Crown pointe East 2nd which consists of 70 single family residential lots. The land was recently put into the new MUSA area for development in the 1995-2000 time frame. Jerry winds chit 1 , Ashford Development Corporation, explained this is the last remaining parcel in that area to be developed. Sewer and water is stubbed to the property in three locations. The road locations are designed to match the roads in Crown pointe East. An existing house will remain on one of the lots, which will remain in the ownership of Mr. and Mrs. Chapman. It has an existing private well that will be capped. The intent is for that parcel is to hook up to City sewer and water. No variances are being asked for in the plat; however, there is one existing variance for front setback of the house granted when the right of way was taken for prairie Road. The Park and Recreation Commission has recommended cash in lieu of land for park dedication. No park trail has been planned through this area. The pole barn and the small storage shed will be removed. . - - Regular Andover City Council Meeting Minutes - August 20, 1996 Page 10 (Sketch Plan/Crown Pointe East 2nd, Continued) Councilmember Jacobson stated at the road entering prairie Road, to the left is a very large stand of trees on the other side of the creek that may block a person's vision. Mr. Erickson stated the line of site will be examined when the preliminary plat and grading plans are reviewed. Councilmember Jacobson wondered if the one wide lot will cause problems in the future. As a general comment, he didn't see a lot of ingenuity in the plats coming in. He'd like to see more innovation other than square lots, plus other amenities added. He also wondered if anything can be done with the lot that has four vertical lots across the back. There will be a back yard facing the front of the house. Mr. Windschitl stated it will be very favorable with back yard views. Mr. Carlberg stated there will be a 35-foot side yard setback so there will be a constant setback. Councilmember Jacobson strongly encouraged the maximum effort be taken to save the trees. He is going to start voting against plats if th~ trees are going to continue to be taken out. Councilmember Kunza stated another City has decided to require more curves in the streets to discourage traffic from cutting through developments and to slow it down. He felt Andover should also look at that. Councilmember Knight suggested the City look at naming streets after residents of Andover who have died in combat. Or parks or trails could be named after them. It could also include police officers and firefighters. It is a way of honoring those people who have made that sacrifice. Mr. Carlberg stated they will check into that further. The Council had no other comments on the plat. PUBLIC WORKS BUILDING FINANCING Mr. Fursman presented a scenario to finance the new public works building. Even under the most conservative conditions, it is impossible to finance that building without some kind of bonding mechanism. An option is to use cash reserves on hand through the Public Works Department funds of water and sewer and have the Economic Development Authority bond for the remaining $1.3 to $1.4 million. He also noted that the cost being used is the higher amount and will likely be reduced depending on the construction materials and items put into it. As thp. City develops, the general revenues increase approximately $225,000 each year without raising the tax rate. It is also anticipated that the property in the Commercial Park area will be sold. Both of those are revenue sources that can be applied toward the bond payments so taxes would not have to be increased. Also, the sewer and water fund would continue to pay their portion of the yearly payments, which would be approximately 25 percent. At this point the Council must decide whether or not to go forward with the building and have Adolfson and Person develop a program for costs and a time table for construction. The Council discussion noted other expenses in the City to be considered such as a capital replacement fund, street improvements, and a new fire 0_____ Regular Andover City Council Meeting Minutes - August 20, 1996 Page 11 (Public Works Building Financing, Continued) station. The City would pledge its full faith and credit behind the EDA bond, and not all of the revenues received as a result of increased development could be earmarked for these bond payments because of the other increased needs in the City. In talking about contracting out some of the projects of Public Works to eliminate the need for some of the equipment, Frank Stone, Public Works Superintendent, stated the trend of other cities is to work together rather than contract to a private company. The reason for this is because the methods being used now are more technical and most contractors do not have that technology. He would like to proceed so they can bid in January, 1997, to begin construction in the spring and have the building for storage in the fall. Council then decided to proceed with the contract with Adolfson and Peterson which was approved at the August 6 meeting with the understanding that the fees would be adjusted if the project were stopped at some point. They asked that Adolfson and Peterson come back with some options on reducing costs as well. RIGHTS OF WAY LITIGATION Councilmember Jacobson stated the Quad Cities Cable Commission has been heavily involved in the issue of the ability of cities to set standards in their ordinances for installing utilities in public rights-of-way. He gave the background of the challenge by US West that raised this issue and strongly encouraged Andover to participate in funding the defense of rights-of-way guarantees. MOTION by Knight, Seconded by Kunza, to join the League of Minnesota Cities to the tune of $1,261 as a part of this issue. Motion carried unanimously. WATER USAGE/SUNSHINE PARK Mr. Erickson asked the Council to consider the source of funding for the water usage for Sunshine Park for 1996 . The bills are estimated at $4,000 to $6,000 per quarter. A possible source of funding is from the Contingency Fund. Earlier in the evening the Council ordered a feasibility report for the possibility of installing a well to irrigate the park. MOTION by Jacobson, Seconded by Dehn, that the City Council authorize the expenditure of up to $10,000 to pay for the second and third quarter water usage bills at Sunshine Park, and the money to come out of the Contingency Fund. Motion carried unanimously. The Council recessed to hold an EDA meeting, 10:25; reconvened at 10:28 p.m. Regular Andover City Council Meeting Minutes - August 20, 1996 Page 12 MAYOR/COUNCIL INPUT Blocking of service road across from Narcissus - Councilmember Jacobso"""\ stated he received a phone call about the Council's action to block off the entrance to the service road across from Narcissus. The resident felt that the problem of the traffic in Woodland Terrace was not resolved by that action. He asked Staff to find out if the residents in Woodland Terrace feel that action has helped or had no effect on the traffic situation in their area. Mr. Erickson suggested a survey be drawn up with several questions to get a consensus of the neighborhood. The Council agreed. Engineering costs to TKDA - Councilmember Jacobson questioned the dollars that are still going to TKDA. Mr. Erickson stated the development projects are still contracted to TKDA, as the City's Engineering Staff is not at the level to take over those projects. They are doing maintenance and park projects internally. Tow trucks parking in residential area - Councilmember Kunza stated he received complaints of big heavy tow trucks being parked at a residence in the vicinity of 139th and Crosstown Boulevard. Mr. Fursman stated Staff will research that and will ask the Sheriff's Department to help as well. Sealcoating at 143rd and Round Lake Boulevard - Mayor McKelvey stated h", had a complaint that signs were posted in the morning that the streets would be blocked off, but the contractor didn't show up. Mr. Erickson stated Staff had a number of phone calls on that same issue. They are using a slurry sealing application, which is being tested in that area, where the streets have to be blocked off for a period of time. The contractor had difficulty in another project and did not get to this site until 4 or 4:30 this afternoon. They will finish the project tomorrow; but he has talked with the contractor, who is talking with all of the residents out there and trying to work out the parking difficul ties. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Dehn, the payment of claims for the month of August. Motion carried unanimously. MOTION by Knight, Seconded by Kunza, to adj ourn. Motion carried unanimously. The meeting adjourned at 10:39 p.m. ~R~~' ~ella A. Peach, Recording Secretary - -~---