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HomeMy WebLinkAboutCC December 3, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304· (612) 755-5100 Regular City Council Meeting - December 3, 1996 agenda Call to Order -7:00 PM Bookmark Resident Forum Name Agenda Approval Consent Agenda Approval of Minutes minutes Fire Dept. Poster Contest Winner fire Citizen Recognition Award winner Discussion Items 1. Public HearingNacation of Easement/Bill's Superette/14041 Round Lake Blvd. phearing 2. Assessment HearinglDelinquent Mowing Charges mowing 3. Coon Creek Bikeway/Walkway Trail Discussion/95-24 trail 4. 1997 Water & Sewer Rates rates 5. Lot Split/Variance/17841 Bluebird St. NW/Jill Spurgin spurgin 6. Tree Preservation Policy, Continued tree 7. Establish 1997 State Aid Street Projects stateaid 8. Public Works Building Footprint pworks 9. Set Date for Annual Administrator Review review Non-Discussion/Consent Items 10. Regional Growth Strategy growth II. SUPIReal Estate Sign/170XX Roanoke St. NW/Timber River Est./Woodland Dev. sign 12. Approve Request for Occupancy Permits/Hunter's Hollow hhollow 13. Reduce Park Dedication Fee/Shadowbrook shadow 14. Release Escrow/Wandersee Addition wanderse IS. Approve Final Plat/Indian Meadows 4th Addition fplat 16. Approve Survey Quotes/Coon Creek Bikeway/Walkway Trail/95-24 quotes 17. Approve Change Order #1/96-4/Sealcoating co964 18. Approve Final Payment/96-4/Sea1coating fpay964 19. Approve Final Payment/Hartfiel's Estates Lot Cleanup/96-21 fpay9621 20. Accept Petition/1453I Drake St. NW/94-6 drake Mayor-Council Input Payment of Claims Adjournment Þ-____o_ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 3, 1996 TABLE OF CONTENTS RESIDENT FORUM . . · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · 1 CONSENT AGENDA Reduce park dedication fee/Shadowbrook · · · · · · 1 Release escrow/Wandersee Addition · · · · · · 1 resolution R269-96 approving final plat/Indian Meadows 4th · 1 Approve survey quotes/Coon Creek Trail/IP95-24 · · 1 Resolution R270-96 approving change order #1/IP96-4/Sealcoatingl Resolution R271-96 approving final payment/IP96-4/Sealcoating 2 Resolution R272-96 approving final payment/Hartfiel's Estates lot cleanup/IP96-21 · · · · · · · · 2 Resolution R273-96 accepting petition/14531 Drake St/IP94-6 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · 2 FIRE DEPARTMENT POSTER CONTEST WINNER Resolution R274-96 acknowledging Sarah Sullivan as grand prize winner of annual Andover Fire Department Poster Contest 2 CITIZEN RECOGNITION AWARD Resolution R275-96 acknowledging Douglas F. Meister for assistance to the Fire Department in a personal injury accident · 2 PUBLIC HEARING: VACATION OF EASEMENT/BILL'S SUPERETTE/14041 ROUND LAKE BOULEVARD · · · · · · · · · · · · 2 Resolution R276-96 granting vacation of easement · · 3 ASSESSMENT HEARING/DELINQUENT MOWING CHARGES Resolution R277-96 adopting assessment roll · · · 3 COON CREEK BIKEWAY/WALKWAY TRAIL DISCUSSION/IP95-24 · · · 3 Motion to add section of trail from Coon Creek north along Hanson to Andover Boulevard · · · · · · · · · · · 5 1997 WATER AND SEWER RATES · · · · · · · · · · · 5 Motion to accept Staff recommendation for water rate increases 6 LOT SPLIT/VARIANCE/17841 BLUEBIRD STREET NW/JILL SPURGIN 6 Motion to deny (withdrawn) · · · · · · · · 7 Motion to table to December 17 meeting · · · · 7 TREE PRESERVATION POLICY · · · · · · · · · · 7 ESTABLISH 1997 STATE AID STREET PROJECTS Motion to accept Road Committee recommendations · · · · · 8 PUBLIC WORKS BUILDING FOOTPRINT · · · · · · · · 8 Motion to proceed to bid construction documents · · · · · 9 SPECIAL USE PERMIT/REAL ESTATE SIGN/170XX ROANOKE STREET NW Resolution R278-96 approving Permit for sign ., . . . · 9 Motion directing Staff to prepare increased fee schedule for after-the-fact Permit requests · · · · · 9 SET DATE FOR ANNUAL ADMINISTRATOR REVIEW Set for December 17 at 6 p.m. · · · · · · · · 9 WINSLOW HILLS 2ND ADDITION ASSESSMENTS · · · · · · 9 Motion directing Staff to review the assessments · · 10 SPECIAL CITY COUNCIL MEETING - DECEMBER 4, 1996 · · · · · · 10 REGIONAL GROWTH STRATEGY · · · · · · · · · · 10 REQUEST FOR OCCUPANCY PERMITS/HUNTER'S HOLLOW Motion to approve up to six permits · · · · · · 11 MAYOR/COUNCIL INPUT Snowmobiles · · · · · · · · · · · · 11 Proposed Rademacher development on Hanson and 138th · · · · 11 APPROVAL OF CLAIMS . · · · · · · · · 12 ADJOURNMENT . · · · · · · · · · 12 -- - . - - . .-.. . CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - DECEMBER 3, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on December 3, 1996, 7:00 p.m., at the Oak View Middle School, 1685 Hanson Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins Public Works Superintendent, Frank Stone City Engineer, Scott Erickson City Planning, Jeff Johnson Planning Intern, John Hinzman Finance Director, Jean McGann Community Development Director, Dave Carlberg Fire Chief, Dan Winkel City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek - stated the Council is always saying everyone should be treated the same, yet he felt he had proof that the assessments in Winslow Hills Second Addition were unfair. The Council agreed to add the item to the agenda. AGENDA APPROVAL Add Items 9a, Winslow Hills Second Addition Assessments, and 9b, Special Council Meeting following the Truth in Taxation Hearing on December 4. Remove from Consent Agenda for discussion, Items 10, Regional Growth Strategy, 11, Special Use Permit Sign/170xx Roanoke Street NW/Timber River Estates/Woodland Development, and 12, Approve Request for Occupancy Permits/Hunter's Hollow. MOTION by Jacobson, Seconded by Dehn, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 13 Reduce Park Dedication Fee/Shadowbrook Item 14 Release Escrow/Wandersee Addition Item 15 Approve Final Plat/Indian Meadows 4th Addition (See Resolution R269-96) Item 16 Approve Survey Quotes/Coon Creek Bikeway/Walkway Trail/IP95-24 Item 17 Approve Change Order #1/IP96-4/Sealcoating (See Resolution R270-96) ~--_. -..> Regular Andover City Council Meeting Minutes - December 3, 1996 Page 2 (Consent Agenda, Continued) Item 18 Approve Final Payment/IP96-4/Sealcoating (See Resolution R271-96) Item 19 Approve Final Payment/Hartfiel's Estates Lot Cleanup/IP96-21 (See Resolution R272-96) Item 20 Accept petition/14531 Drake Street NW/IP94-6 (See Resolution R273-96) MOTION by Jacobson, Seconded by Dehn, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES November 19, 1996, Regular Meeting: Page 9, Mayor/Council Input - change IIlake ordinance" to "Rum River Wake Ordinance" and "lakes" to "wakes" . November 19, 1996, EDA Meeting: Correct as written. MOTION by Dehn, Seconded by Knight, to approve the Minutes as amended. Motion carried unanimously. FIRE DEPARTMENT POSTER CONTEST WINNER Mayor McKelvey read the Resolution acknowledging Sarah Sullivan as the grand prize winner of the annual Andover Fire Department Fire Prevention Poster Contest. Chief Winkel introduced Ms. Sullivan and announced she will be representing Andover in the state Fire Prevention Poster Contest. All those present congratulated Ms. Sullivan on her achievement. (See Resolution R274-96) CITIZEN RECOGNITION AWARD Mayor McKelvey read the Resolution acknowledging Douglas F. Meister, 541 Andover Boulevard, for his quick action in assisting the Andover Fire Department in a personal injury accident on Thursday, November 14, 1996 . Chief Winkel recalled the events of that afternoon, noting the assistance of Mr. Meister very probably saved the victim's life. All those present, including the victim of the accident and his daughters, thanked Mr. Meister. (See Resolution R275-96) PUBLIC HEARING/VACATION OF EASEMENT/BILL'S SUPERETTE/14041 ROUND LAKE BOULEVARD 7:20 p.m. Mr. Hinzman reviewed the request of Rademacher Companies, Inc. , for Bill's Superette for the vacation of easement at 14041 Round Lake Boulevard NW. The intent is to abandon the existing drainage and utility easement in conjunction with the relocation of the underground gasoline storage tanks and above-ground fuel dispensers. -- -----~ ---- ... _ _ ., 4_ _~ _. Regular Andover City Council Meeting Minutes - December 3, 1996 Page 3 (Public Hearing: Vacation of Easement/Bill's Superette/14041 Round Lake Boulevard, Con tinued) MOTION by Jacobson, Seconded by Dehn, to open the public hearing. Motion carried unanimously. 7:22 p.m. There was no public testimony. MOTION by Kunza, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 7:22 p.m. Staff further explained Bill's Superette is relocating the pumping islands to the Round Lake Boulevard side of the street. Staff reviewed the relocation of the propane tank and felt an amended Special Use Permit was not needed because it is being moved such a short distance. This is not a City-maintained easement, so the new drainage system will not be inspected by the City. The new drainage will be a private system just to service the parking lot area; so if there is a problem, it is a private problem. The request is to vacate the existing easement which was dedicated to the City when the property was developed; however, it was really a private system that should not have been dedicated to the City. There will be no other easement across this property. MOTION by Jacobson, Seconded by Knight, the Resolution granting the request. (See Resolution R276-96) Motion carried unanimously. 7:28 p.m. ASSESSMENT HEARING/DELINQUENT MOWING CHARGES 7:28 p.m. MOTION by Jacobson, Seconded by Kunza, to open the public hearing. Motion carried unanimously. There was no public testimony. MOTION by Dehn, Seconded by Kunza, to close the public hearing. Motion carried unanimously. 7:28 p.m. Ms. McGann stated the list before the Council is the one that will be going to the county. Those affected have been notified and are aware that the charge will be certified on their real estate taxes. MOTION by Dehn, Seconded by Kunza, to approve the Resolution adopting the assessment roll for delinquent mowing charges for certification as presented this evening. (See Resolution R277-96) Motion carried unanimously. 7:31 p.m. COON CREEK BIKEWAY/WALKWAY TRAIL DISCUSSION/IP95-24 Mr. Erickson explained the Park and Recreation Commission met with the residents along Andover Boulevard between Hanson and Crosstown Boulevards regarding the proposed bikeway/walkway trail along the north side of Coon Creek. The residents were adamantly opposed. The Park Board asked Staff to research the costs for constructing the path along the south side of Coon Creek; however, the cost would be dramatically increased plus a portion would need to be located within the WDE site. -- - - - .._.~ -. Regular Andover City Council Meeting Minutes - December 3, 1996 Page 4 (Coon Creek Bikeway/Walkway Trail Discussion/IP9S-24, Continued) Staff is recommending the pathway not extend between Hanson Boulevard and Crosstown Boulevard at this time. Instead, the recommendation is to extend it north from Coon Creek along Hanson Boulevard within the existing right of way to Andover Boulevard. In the future that will be a controlled intersection, and the trail could extend north along Hanson Boulevard and/or west along Andover Boulevard. A decision must be made soon to submit a modification to the DNR for formal approval of the change to the trail grant project. Councilmember Dehn asked how the future widening of Hanson Boulevard would impact the trail. Mr. Erickson stated there is no indication that Hanson Boulevard will be widened for a number of years. The county would require the bikeway/walkway to be as close to the property line as possible. If the road is widened, the City would have to look at the trail location again. Councilmember Jacobson disagreed with the Staff's suggestion. Since the ultimate intent is to go west with the trail, the alternatives are then to have it installed along Andover Boulevard, either in the road or in the boulevard, or to put it on the south side of Coon Creek. He did not feel a trail along Andover Boulevard is feasible because it would have an even greater detrimental impact to the houses than the proposal along the north side of the creek. Therefore, he felt the best solution is to move the trail to the south side of the creek. Since that land can't be used for anything else, it makes more sense to put a trail there where the land is available, where it is quiet and others will not be disturbed. Mayor McKelvey stated the problem is a portion of the trail would have to be on the WDE site, and that will not be available for use for many years. Councilmember Jacobson understood that but felt the actual construction of the trail along the south side of the creek may not happen for a number of years. If the City pursues that option, it may find that there is a willingness to allow the trail across the property since no buildings will be constructed. Mayor McKelvey noted the other issue is crossing Hanson Boulevard. Both an overhead or an underground bridge are very expensive to construct. If the trail was placed south of the creek, he suggested the bikers and pedestrians be routed north along Hanson Boulevard to the controlled intersection at Andover Boulevard, then south along the other side of Hanson Boulevard to avoid having to cross Hanson at the creek. There was no agreement at this time as to how the traffic from the trail would get across Hanson Boulevard. After further discussion, the Council agreed that for the current Coon Creek Bikeway/Walkway project, the trail would be extended from Coon Creek north along Hanson Boulevard to Andover Boulevard. They agreed with the residents not to install the trail along the north side of Coon Creek, but they also felt it is not practical to place it either in the road or in the boulevard of Andover Boulevard. It was agreed that the intent would be to pursue the construction of the trail at some future time along the south side of Coon Creek. - -- - --.-~ --- Regular Andover City council Meeting Minutes - December 3, 1996 Page 5 (Coon Creek Bikeway/Walkway Trail Discussion/IP95-24, Continued) MOTION by Dehn, Seconded by Jacobson, that the Council would add the section of trail from Coon Creek up to Andover Boulevard going directly north with no provision of going east or west because of the narrowness of Andover Boulevard, with consideration in the future for another project of continuing along Coon Creek on the south side adjacent to the WDE site to continue to Kelsey Round-Lake Park. Motion carried unanimously. 1997 WATER AND SEWER RATES Ms. McGann reviewed the current water usage and future capital purchases that may be needed for the Water Department. The Staff is proposing a hybrid water rate structure which charges more per 1,000 gallons as the amount of usage increases. The total gain with the proposed rate change is projected at $20,000 per year. That is additional capital that would be used to maintain the current wells and plan for future capital expendi tures. This rate structure would continue for three or four years and would have to be re-evaluated. She also provided the statistics comparing Andover's water usage rate with those in some of the surrounding cities. Brian Kraable, Water Department, reviewed the average monthly water usage by the residents during the summer and winter months. The average water usage for residents is approximately 90,000 gallons per quarter. Mr. Stone explained one of the reason's Andover's rates are higher than the surrounding cities is because it is a new system which is still growing. The surrounding systems are well established. Councilmember Jacobson felt the rates are not high enough. With the rate of growth in the City and with what appears to be a current lack of capacity in the system, the system will have to be expanded in terms of new wells and storage systems. Also, there should be a greater emphasis on water conservation. The rates should be affordable up to the average amount of usage. Any excessive usage should be charged a very steep fee. Discussion continued, with Staff explaining part of the City's water conservation program is the sprinkling ban in place during the summer. The schools' sprinkling systems are on private wells, and that is why there often appears to be excessive sprinkling and a waste of water. The Council debated whether the rate changes should be as suggested by the Staff or whether those fees for usage over a certain number of gallons which would be considered excessive should be charged even more than what is being proposed. Councilmember Jacobson's proposal was to structure the water rates as proposed up to about 90,000 gallons per quarter. Between 90,000 and 135,000 gallons, the rate would be $1.20 per 1,000 gallons. Between 135,000 and 160,000 gallons, the rate would be $1.75 per 1,000 gallons; and after 160,000 gallons, the rate would be $2 per 1,000 gallons. ,_. ._~ ..- - - ---, ~-~~. Regular Andover City Council Meeting Minutes - December 3, 1996 Page 6 (1997 Water and Sewer Rates, Continued) It was agreed that more education needs to be done with the residents regarding water conservation. Mr. Fursman also pointed out that the proposed rate structure would apply to both residential and commercial areas, which could be a detriment to wet industries. MOTION by Dehn, Seconded by Kunza, to accept the Finance Director directive for increasing water charges as well as incorporate some written message to the community on conservation practices. Motion carried on a 4-Yes, I-No (Jacobson) vote. Ms. McGann also reviewed the Staff's recommendation to increase the sewer rates in Area A $3 per quarter and increase them in Area B by $1 per quarter. This would generate approximately $22,000 of additional revenue for 1997 to be used for future infrastructure maintenance. Mayor McKelvey explained the difference in the two sewer areas was to make up for an overcharge in Area A. That difference was to be for a 20-year period, and he didn't know if they could set unequal rate increases for the two areas. He felt they have to be the same, even if it means a large increase for Area A in 1999. Ms. McGann stated she will recalculate the budget based on the same rate increase for each area. LOT SPLIT/VARIANCE/17841 BLUEBIRD STREET NW/JILL SPURGIN Mr. Hinzman reviewed the request of Jill Spurgin to split 2.05 acres from a 4.2-acre lot at 17841 Bluebird Street NW. Variances are being sought from the minimum lot size for both parcels and from the minimum , lot width at the front setback for Parcel B. The Planning and Zoning ; Commission recommended denial based on the lack of evidentiary hardship, the public testimony opposing the proposed use, the possible drainage problem with the drain field of the septic system, that the denial of the application does not preclude the property owner reasonable use of the property, and that the newly created parcels would not be consistent with the pattern of development in the neighborhood. Since the Planning Commission meeting, the applicant submitted a letter to the Council asking that they reconsider the Commission's recommendation. Councilmember Knight questioned what is the hardship, which is the legal reason for granting the variance. Jill Spurqin, 17841 Bluebird Street NW - stated she is planning to build a new home on Parcel B and to sell her existing home. She felt the hardship is that this is the only oversized buildable lot in the neighborhood. The only other use for the portion of the lot would be to clear the trees and construct a pole barn. It is a beautiful lot, and she didn't believe it would be possible to tell that the lots will be less than 2.5 acres. It seems a shame to waste the whole two acres. Councilmember Jacobson agreed there does not appear to be a hardship, especially since the area was platted and developed after the adoption of the ordinance. - ~- ..---- . --_.~-.~.. Regular Andover City Council Meeting Minutes - December 3, 1996 Page 7 (Lot Split/Variance/17841 Bluebird Street NW, Continued) MOTION by Jacobson, Seconded by Dehn, the Resolution of the Planning and Zoning Commission and concurring with their findings. DISCUSSION: Attorney Hawkins advised the legal reasons for granting a variance are hardship due to the physical characteristics of the land and an owner is denied reasonable use of the land. It cannot be due to economic reasons. Council noted the only way to increase the size of the two parcels would be to purchase land from the adjacent property owners. Rather than deny the request at this time, Mayor McKelvey suggested the item be tabled to allow Ms. Spurgin time to check with the neighbors to see if she could buy additional property to be able to create two 2.5- acre parcels. The Council agreed. Councilmembers Jacobson and Dehn withdrew the Motion and the Second. MOTION by Jacobson, Seconded by Kunza, to table this to the next regularly scheduled Council meeting on December 17, 1996. Motion carried unanimously. TREE PRESERVATION POLICY Eric Olson, Forestry Intern, stated the draft Tree Preservation Ordinance before the Council is similar to the existing policy except for the enforcement portion. Fines would now be imposed if there is encroachment into a tree protection area. This policy is also much shorter and easier to read than the policy viewed by the Council in September. The three sections apply to development, to residential home construction and to Special Use Permit applications. Page 3, IV, B, clarify the last sentence to read: As a guideline, tree removal in areas on the development site where the aforementioned activities are not scheduled to occur should be limited to 10% of the total remaining forested area on the project site. Councilmember Jacobson asked if this policy had been in effect, would it have prevented what happened in the Shadowbrook development. Mr. Olson stated no. It is more complex than just saving trees. Other components of the site development must also be considered such as the grading and drainage requirements. Mr. Erickson explained there was a soils balancing issue in Shadowbrook, plus the City is now working with developers to do custom grading in an attempt to avoid such massive tree removal in developments. Winslow Holasek - didn't see much difference in this policy from the present policy. There is a big difference between the "shalls" and the "shoulds". Even the trees that aren't the most desirable are better than no trees. He wanted to know if the policy will stop the situation that occurred in Fox Woods where the trees were destroyed to accommodate the storm sewer system. If the concern of the Council is to preserve trees, he didn't think the current policy does that. Regular Andover City Council Meeting Minutes - December 3, 1996 Page 8 (Tree Preservation Policy, Con tinued) Jerry Windschitl. Ashford Development - asked if the proposal will go to a public hearing and will this be a replacement for Ordinance 29? Mr. Olson stated the ordinance deals with shade tree disease and its management with a small caveat at the end referring to the Tree Preservation Policy. In revising the Tree Preservation Policy, the intent is to include it as the last part of the existing ordinance. Hearings will be held by the Planning Commission. There was no further Council comment. ESTABLISH 1997 STATE AID STREET PROJECTS MOTION by Dehn, Seconded by Kunza, to accept the recommendation of the Road Committee. Motion carried unanimously. PUBLIC WORKS BUILDING FOOTPRINT Craig Cronholm, Adolfson and Peterson, reported the City Hall building project is about one week behind schedule overall due to the weather. He anticipated they will be able to start roofing next week. So far, they are under budget. He then reviewed the preliminary footprint for the Public Works building, which is the fifth revision. The preliminary budget for the storage building and the 5,500-square foot administration portion is estimated at $1,770,000. Right now the costs are very high, but he anticipates they will come back down. The total project averages $60 per square foot. I Mr. Stone stated the existing building will be fully utilized for maintenance and sign making. Once the Fire Department moves to a new building, Public Works will have that additional space. The cold storage building will be filled with existing equipment. It is fully insulated and will be kept between 40 and 50 degrees in the winter. Mr. Fursman reviewed the cash on hand and possible funding sources for this structure. One source of funding would be for the Economic Development Authority to bond for all or a portion of the cost, with the bond payments made from the sale of commercial property which should total between $2 to $3 million, a portion of the Water and Sewer Departments' revenues, monies from the PIR fund which grows at a rate of $50,00 to $250,000 per year depending on how many settlements come in, percent of interest earnings, and/or ad valorem taxes. Also, the City has just entered into an agreement to lease space on the water tower. That $12,000 per year could go to debt service payments. The bond could also be set up so the payments are accelerated over the years. Councilmember Knight asked about the possibility of doing a joint project with the county regarding storage. Mr. Fursman stated the City started this project quite some time ago, and the proposal of a joint project with the county was raised only last month. The Council had already authorized Adolfson and Peterson to take the project to the construction document stage. - . -- - -..- ~ -. Regular Andover City Council Meeting Minutes - December 3, 1996 Page 9 (Public Works Building Footprint, Continued) The Council discussed where to go from this point, as there was still concern on the issue of funding the project. Mr. Cronholm stated they are about 1/3 of the way through the process before getting to the point of being able to bid it. If they proceed, they would be able to bid in March, start construction in the spring so it would be ready for use by next winter. MOTION by Jacobson, Seconded by Kunza, to authorize continuing of the project up to and holding at a point where we would actually go out for bids to allow time for the Council to determine whether or not they wish to proceed and at that time how much of the facility would be financed if it were to proceed at all. Motion carried unanimously. SPECIAL USE PERMIT/REAL ESTATE SIGN/17DXX ROANOKE STREET NW/TIMBER RIVER ESTATES/WOODLAND DEVELOPMENT Councilmember Jacobson suggested that in the future if such signs are installed prior to receiving City approval, that the signs be denied for a year. Mr. Carlberg stated they are now requiring that the signs be taken down until the Special Use Permit is approved. Councilmember Dehn disagreed with Councilmember Jacobson's suggested. She preferred that there be a large fine for erecting any sign before a Permit is issued, such as doubling the fees. MOTION by Jacobson, Seconded by Dehn, to approve the Special Use Permit for a real estate sign at 170xx Roanoke Street NW, Timber River Estates Subdivision, as presented by Staff under the nondiscussion items this evening. (See Resolution R278-96) Motion carried unanimously. MOTION by Jacobson, Seconded by Dehn, that the Council direct Staff to develop an ordinance relating to the increased fees for after-the-fact Special Use Permits, and come back to the Council with suggested language and such fees or fee structure at the first meeting in January, 1997. Motion carried unanimously. SET DATE FOR ANNUAL ADMINISTRATOR REVIEW The Council agreed to meet with the City Administrator for his annual review on Tuesday, December 17, 1996, at 6 p.m. WINSLOW HILLS 2ND ADDITION ASSESSMENTS Winslow Holasek stated this subdivision is not related to any pending litigation. He wanted to point out to the Council that not everyone is always treated the same. HyLand Surveying surveyed the subdivision and found it to be 31 acres with 3.4 acres below the 100-year flood plain. Yet the storm sewer, sewer and water was assessed against the entire 31 acres instead of the development less the 3.4 acres, which is the City's Regular Andover City Council Meeting Minutes - December 3, 1996 Page 10 (Winslow Hills 2nd Addition Assessments, Con tinuedJ policy. The result is the City over-assessed the subdivision by $12,435.16. He reviewed comments made at the April 18, 1995, City Council meeting by TKDA' s John Davidson on the excavation for the ponding and the procedure regarding the preparation of the assessment rolls. Mr. Holasek felt there was fault by both TKDA in developing the assessment roll and by City Staff who were to review it, and he didn't understand why the entire acreage was assessed when it is obvious there is ponding in the project. He has been trying for two years to get this issue resolved and specifically since May 22, 1996, when he met with the Mayor, Mr. Fursman and Mr. Erickson; but Staff has not yet researched this. He felt the City has an obligation in this situation, and he asked that the City look into the assessment for Winslow Hills 2nd Addition to see if it feels the assessable acreage used for the assessment roll was accurate. Mr. Erickson explained both sides are given copies of the assessment roll and are able to respond at the public hearing. They met with the Mayor and Mr. Holasek regarding the concerns over the assessment and the entire storm drainage area. Mr. Holasek requested a resurveying of all developments tributary to the storm drainage system, which is a very large undertaking. In talking with TKDA, it was felt the City isn't capable of doing that. There have been a number of discussions with Mr. Holasek, and Staff was not sure what he was looking for. Also, Winslow Hills 3rd Addition is in litigation, and it was not known if this issue is related to that litigation. Attorney Hawkins felt this request is not related to the litigation for Winslow Hills 3rd Addition. If there has been a mistake made on the assessments for Winslow Hills 2nd Addition, the City has an obligation to find out and to make a correction. MOTION by Jacobson, Seconded by Dehn, to ask Staff to check on the calculations on Winslow Hills 2nd Addition, to compare the figures from TKDA and the figures that Winslow Holasek has obtained from his private source, and come back to the next meeting in December with a determination of what the actual numbers really should be. Motion carried unanimously. SPECIAL CITY COUNCIL MEETING FOLLOWING THE TRUTH IN TAXATION HEARING - DECEMBER 4, 1996 Mayor McKelvey announced a special City Council meeting will be held following the Truth in Taxation Hearing tomorrow evening, December 4, to discuss with Staff the procedures regarding those Special Use Permit applications of nonconforming home occupations. REGIONAL GROWTH STRATEGY Councilmember Jacobson provided the City Administrator with a number of corrections and comments on the draft response prepared by the North Regular Andover City Council Meeting Minutes - December 3, 1996 Page 11 (Regional Growth Strategy, Continued) Metro Mayors' Assopciation to the Metropolitan Council's proposed Regional Growth Management Strategy. Mayor McKelvey stated he has expressed his opinion with members of the North Metro Mayors Association members, and he will talk to them again at the next meeting. Councilmember Dehn stated she felt the focal point has been just in developing areas and not on the open spaces and agricultural properties. Councilmember Knight also stated the tone of the response is pro- development. Mr. Fursman stated he will bring everyone's concerns and comments to the North Metro Mayors Association meeting on December 11. APPROVE REQUEST FOR OCCUPANCY PERMITS/HUNTER'S HOLLOW Councilmember Knight was concerned with setting a precedent by allowing occupancy permits before they qualify. Mr. Erickson explained the contractors are permitted to obtain building permits, but the development must be essentially completed before occupancy permits are issued. In this case, the final boulevard grading along with the punch list items remain to be completed. Due to the weather, they will not be completed until next year. To insure that all required work gets completed next spring and the streets are brought into compliance, Staff is recommending that occupancy permits be allowed to be issued until June 13, 1997. No further permits will be issued if the developer fails to complete all construction and punch list items by that date. The City has collected an escrow for the developer improvement portion of the development contract to cover any uncompleted items. MOTION by Jacobson, Seconded by Dehn, to allow up to six occupancy permits for Hunter's Hollow up until the time all of the roads, grading and other punch list items are completed. Motion carried unanimously. MAYOR/COUNCIL INPUT Snowmobiles - Councilmember Dehn expressed frustration at the total lack of respect some snowmobilers are having for private property and the rules. Mayor McKelvey noted the members of the Sno Dragons Snowmobile Club are being deputized this week, so they will be able to start issuing citations. Hopefully that will help some of the problem. Proposed Rademacher development on Hanson and 138th - Councilmember Knight noted a letter received from residents in that area who are very upset about the proposed development. Mayor McKelvey stated he is still discussing other options with the developer, but nothing has been finalized. They would be willing to develop on the west side of Hanson Boulevard if the City owned that property, but he didn't know when the City would be able to obtain that property. The Council then asked the City Attorney to research the allegations made by the residents regarding the City's issuance of a Special Use Permit for underground fuel storage tanks on that site and possibly discuss the City's legal position at a closed meeting in the future. . ~.- ~ -- Regular Andover City Council Meeting Minutes - December 3, 1996 Page 12 APPROVAL OF CLAIMS MOTION by Knight, Seconded by Kunza, the payment of bills. Motion carried unanimously. MOTION by Jacobson, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting was adjourned at 11:25 p.m. Respectfull~~b_~i~t~ªL ~~e~'\~ Recording Secretary . -- ~ ~