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HomeMy WebLinkAboutCC June 18, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - June 18, 1996 agenda Bookmark Name Call to Order - 7:00 pm Resident Fornm Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Item I. Growth Options/Met Council metgrocc 2. Police Report police 3. City Hall Update city hall 4. Business in Residential District - Junker junker 5. Establish Special Revenue Funds funds 6. Externalities/Mid-terms externalities· 7. Purchase of County Property property Reports of Staff. Committees. Commission 8. 1997 Budget Schedule budget 9. Approve Temporary Non-intoxicating Liquor License/Andover Fun Fest liquor 10. Approve Bingo Pe1TÌ1it/Andover Fun Fest bingo II. Consideration of Community Development Director commdevelop Non-Discussion/Consent Items 12. Request for Proposal! Audit audit 13. Lot Split/Variance/2735 - 134th Ln NW/Ziertman lotsplit 14. Approve Ordinance Summary 112/PUD Ordinance pudord 15. Accept Withdrawal ofRezoninglSUP/J.F. Company jfcompany 16. 17. Change of Titles for Fire Department Positions tiredept 18. Approve Feasibility Report/95-26/Shadowbrook shadowbr 19. Approve Quotes/Playground Equipment/Creek View Crossing quotes 20. Approve Final Plat/Crown Pointe fplatcpt 21. Approve Trail Easement/Crown Pointe trail 22. Junkyard License Renewal junkyard 23. Refuse Haulers Licenses haulers 24. Update on Commercial Boulevard/94-33 commblvd 25. Approve Plans & Specs/93-17/Crown Pointe ps9317 26. Approve Change ofVendor/96-13/Storm Sewer Maintenance ssmainte 27. Receive Bids/95-14/Crooked Lake Boulevard bid9514 28. Select Date to Interview Park & Recreation Applicants interview Reminder - Field of Dreams Ceremony - Wednesday, June 19 Mayor-Council Input Payment of Claims Adjournment ,.,.. . --- - - REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 18, 1996 TABLE OF CONTENTS RESIDENT FORUM · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · 2 CONSENT AGENDA Request for proposal/Audit · · · · · · · · · · · · · · 2 Resolution R119-96 approving lot split/variance/2735 134th Lane/Ziertman · · · · · · · · · · · · · · 2 Approve Ordinance summary 112/PUD Ordinance · · · · · · · 2 Accept withdrawal of rezoning/Special Use Permit/JF Company · 2 Change of titles for Fire Department positions · · · · 2 Approve quotes/playground equipment/Creek View Crossing (MN-WI Playground, $10,594.58) · · · · · · · · · · 2 Resolution R120-96 approving final plat/Crown pointe · · · 2 Approve trail easement/Crown pointe · · · · · · · 2 Approve refuse haulers license ... · · · · · · · 2 Update on Commercial Boulevard/IP94-33 · · · · · · 2 Approve change of vendor/IP96-13/storm sewer maintenance 2 Receive bids/IP95-14/Crooked Lake Boulevard · · · · · 2 Interview Park and Recreation applicants (July 2, 6 :30 p.m.) 3 Resolution R121-96 opening new park/City Hall Park Complex #2 3 APPROVAL OF MINUTES · · · · · · · · · · · · · · 3 POLICE REPORT . · · · · · · · · · · · · 3 CITY HALL UPDATE · · · · · · · · · · · · · · · · · 4 BUSINESS IN RESIDENTIAL DISTRICT - JUNKER · · · · · · · 4 Motion to refer ordinance to Planning Commission · · · 8 ESTABLISH SPECIAL REVENUE FUNDS (Andover Fun Fest & Capital Equipment Reserves) · · · · · · · · · · · · · · · 8 Motion for approval · · · · · · · · · · · · · 9 EXTERNALITIES/MID-TERMS · · · · · · · · · · · · · · 9 FEASIBILITY REPORT/IP95-26/SHADOWBROOK and PLANS AND SPECS/IP93-17/ CROWN POINT · · · · · · · · · · · · · · · · · · · · · 9 Resolution R122-96 approving plans and specs for Crown pointe (without oversizing of sewer line) · · · · · · · · · 10 Resolution R123-96 approving feasibility/Shadowbrook · · · · 10 PURCHASE OF COUNTY PROPERTY Motion to so move · · · · · · · · · · · · · · · · · 10 1997 BUDGET SCHEDULE (special meeting, July 10, 1996, 7 p.m.) · · 11 TEMPORARY NON-INTOXICATING LIQUOR LICENSE/ANDOVER FUN FEST/ANDOVER LIONS CLUB Motion to approve · · · · · · · · · · · · · · · · · 11 BINGO PERMIT/ANDOVER FUN FEST/ANDOVER BASEBALL ASSOCIATION Motion to approve · · · · · · · · · · · · · · · · 11 CONSIDERATION OF COMMUNITY DEVELOPMENT DIRECTOR · · · · · · 11 Motion to approve · · · · · · · · · · · · 12 JUNKYARD LICENSE RENEWAL Motion to approve · · · · · · · · · · · · · · · · · 12 MAYOR/COUNCIL INPUT No Parking on Eidelweiss Cul-de-sac behind Crooked Lake SchooL12 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · 13 - ------ ..... . ...--- liR A Qpr-ó\J ed 1 k" q~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - JUNE 18, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on June 18, 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 Finance Director, Jean McGann Code Enforcement, Jeff Johnson City Engineer, Scott Erickson City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Ann Sikora - was interested in the growth options of the Metropolitan Council, though she now understands that item will not be discussed this evening. She has read in the paper that the intent is to protect wetlands and the open spaces and farmlands. She asked how that is going to benefit her. She argued that increased development means an increase in her property values and the taxes she has to pay, which she has already experienced in recent years. Her house is surrounded by wetlands, but she has seen no protection or benefits. She'd like to talk to the representative from the Metropolitan Council. Mayor McKelvey explained that item is being removed from the Agenda because of an emergency, but will be rescheduled for a meeting in July. He will also check on her concerns and get back to her with an answer. Sue Hurst. 13440 Jay Street NW - stated she has spoken to Mr. Johnson about the problem in their neighborhood and was advised to bring this to the Council. A neighbor on a smaller urban residential lot has built himself a dirt bike track with jumps in his back yard and also drives on and across the street. She has seen three bikes at a time racing around constantly. It is very loud and annoying and goes on all year round and often times late at night. They are not street-legal vehicles. The neighbors have called the Sheriff's Department several times; but it takes about 20 minutes for them to respond, and by then the bikes are no where around. The problem is worse on weekends, on Friday evenings and after work. The neighbors are very tired of the entire situation and want to see it stopped. She asked if there is a policy on dirt bike tracks in residential areas. The Council advised there is not, but there is an ordinance related to noise and nuisance. Possibly a video camera could be used to identify those riding the dirt bikes. Attorney Hawkins advised a decibel meter would be needed to measure the level of the noise in order to prosecute under the noise ordinance. If they are driving on the street without a license and the residents can identify the individuals riding the bikes, - ----- Regular Andover City Council Meeting Minutes - June 18, 1996 Page 2 (Resident Forum, Continued) they should report it to the Sheriff's Department who will send him a report. He will then issue a complaint for violation of the traffic laws. Mr. Carlberg stated Staff will send the homeowner a copy of the ordinance pertaining to this problem. Also, there is an ordinance regarding sodding and seeding requirements that may apply. Captain Christ of the Sheriff's Department suggested the residents call immediately when there is a noise problem. He also suggested the residents meet with the Sheriff's Department to develop a strategy to resolve the situation. AGENDA APPROVAL Delete Item 1, Growth Options/Met Council. Add Item 29, Resolution/ Opening of New Park (City Hall Park Complex #2) . Remove the following items from the Consent Agenda for discussion: Item 18, Approve Feasibility Report/IP95-26/Shadowbrook; Item 22, Junkyard License Renewal; and Item 25, Approve Plans and Specs/IP93-17/Crown Pointe. MOTION by Kunza, Seconded by Dehn, to accept the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 12 Request for Proposal/Audit Item 13 Lot Split/Variance/2735 134th Lane NW/Ziertman (See Resolution R119-96 using the new Page 2 of the Resolution which specifically identifies the lots that will be legally bound in the covenant) Item 14 Approve Ordinance Summary 112/PUD Ordinance Item 15 Accept Withdrawal of Rezoning/Special Use Permit/J.F. Company Item 17 Change of Titles for Fire Department Positions Item 19 Approve Quotes/Playground Equipment/Creek View Crossing (approve only the low bid of Minnesota-Wisconsin Playground, Inc. , $10,594.58 for playground structure. The quote for the scrambler whirl is not approved until another quote can be received) Item 20 Approve Final Plat/Crown pointe (See Resolution R120- 96) Item 21 Approve Trail Easement/Crown Pointe Item 23 Refuse Haulers License (The revised list which includes: Ace Solid Waste, Johnson Sanitation, Larry's Quality Sanitation, Pretzel's Sanitation, T & R Sanitation, William's Pick-Up Service, Waste Management of Blaine, Peterson Bros., and Michael P. Hall) Item 24 Update on Commercial Boulevard/IP94-33 Item 26 Approve Change of Vendor/IP96-13/Storm Sewer Maintenance (North End Landscaping, $2,700.22) Item 27 Receive Bids/IP95-14/Crooked Lake Boulevard ~ Regular Andover City Council Meeting Minutes - June 18, 1996 Page 3 (Consent Agenda, Continued) Item 28 Select Date to Interview Park and Recreation Applicants (July 2, 6:30 p.m.) Item 29 Resolution/Opening of New Park/City Hall Park Complex #2 (See Resolution RI21-96) MOTION by Knight, Seconded by Kunza, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES June 4, 1996, Regular Meeting: Correct as written. June 5, 1996, Special Meeting: Correct as written. MOTION by Knight, Seconded by Kunza, approval of the June 4 Minutes. Motion carried unanimously. MOTION by Knight, Seconded by Kunza, approval of the June 5 Minutes. Motion carried on a 4-Yes, I-Present (Dehn) vote. POLICE REPORT Sheriff's Department Captain Christ addressed the Council to review the background of coverage for Andover and to update the Council on the activities of the Department within the City. He outlined the benefits of having a Community Service Officer in the City, noted the program they have developed to address the traffic violations and hazards along the major roads, and explained the partnership being developed with community leaders to address the needs of the youth. Charlie Veiman. 13646 Crooked Lake Boulevard - expressed frustration that the residents do not seem to have any ability to sway the county to correct the traffic problems at the intersection of Bunker Lake Boulevard and Hanson Boulevard. He wondered if someone from the Police Department could make a plea to the County Highway Department. CaptaL, Christ shared that frustration. He understands the funds will be available to reconstruct that intersection in 1997 or 1998. The Council encouraged residents to contact their County Commissioner with their concerns. Councilmember Jacobson felt the issuance of only 23 tickets in one month for passing on the right is not a significant amount. Just this evening he observed about eight cars passing him on the right while he was taking a left turn onto prairie Road from Bunker Lake Boulevard, and there was a squad car on prairie Road waiting to turn that did nothing about those violations. He was frustrated that this is a safety issue that should be addressed more vigorously. Captain Christ stated they will address that issue further. Regular Andover City Council Meeting Minutes - June 18, 1996 Page 4 CITY HALL UPDATE Craig Cronholm and Marc Pearce, Adolfson & Peterson and K. C. Lim, LHB Engineers and Architects, reviewed the progress to date on the City Hall project. They noted the interior footprint as to where offices would be located, the items that will be considered for alternate bids, and a preliminary budget. Mr. Cronholm stated he will meet with Mr. Erickson to look at developing enough ponding for the site to take care of any further development the City may do. Also, he has not yet obtained the information on the flat roof versus a pitched roof. The preliminary budget on the finished project shows a deficit, but that is subject to change as the details are worked out and alternates are considered. Councilmember Jacobson stated initially the intent was not to utilize the existing building as much as being proposed now. With the higher cost of remodeling the existing building, he questioned if it is cost effective to do so. Mr. Cronholm felt that it is still cost effective, though much of that will be determined by what the Council wants to se2 done with the existing building. Councilmember Jacobson suggested it doesn't make sense to add another telephone and cable room in the new building when there is one already in the existing building. Mr. Lim stated they will look at that further. Councilmember Jacobson also commented that the existing buildjng has more vertical windows; whereas the new building shows horizontal windows. Mr. Cronholm stated the intent is to provide as much sky light as possible. Also, horizontal windows provide a greater ability to arrange furniture in the offices. There was further discussion on the layout within the building and the materials and styling on the exterior. On the subject of financing, Mr. Fursman recalled that at an earlier presentation, Staff had identified approximately $1.5 million in cash available from various sources. The remodeling of the existing building was never anticipated in the budget set for a new City Hall. Mr. Cronholm again stated he felt it is worth the cost to remodel the existing building. Mr. Cronholm stated in order to stay on schedule to start constructio, on October 4, they need to have the design done by August 8. With the Council's approval of the proposal to date, they would come back to the July 2 meeting with the detailed drawings, plus more definite budget numbers and alternates. The Council had no further comments on the project. BUSINESS IN RESIDENTIAL DISTRICT - JUNKER Mr. Johnson explained Staff became aware of a business being conducted in an accessory structure in a residential district as a result of a complaint. James and Kathleen Junker have conducted the business of installing and serving doors under the name of J.J. Construction, Inc., Regular Andover City Council Meeting Minutes - June 18, 1996 Page 5 (Business in Residential District - Junker, Continued) at 13503 Crooked Lake Boulevard NW since December, 1971. The complaint questioned the City allowing a property owner to run a business in a residential area and not pay commercial taxes. He also reviewed the history of the business, the results of Staff's inspection, an~ the action taken by Staff to date. Kathleen Junker - presented a petition from most of her neighbors stating they do not have a problem with the business at that location. She also had photographs of the yard which shows it is not junky. They would like to continue doing business there until they retire 15 to 17 years from now. No manufacturing or building of doors takes place on the site. They install gates at individual stores in the malls, revolving doors, and other doors. They occasionally store doors, but most of the doors are delivered to the project site where they are installed. They have one employee that comes to their residence, parks his vehicle, then leaves to the job site for the day. In the evening the employee returns to get his car and leaves. James Junker - stated they used to have a three-ton utility van that sat in the garage for seven years. They have sold that and now have tW0 vehicles they use for business. Mrs. Junker went on to explain the other vehicles they have in their yard, which are personal or vehicles of their grown children. Sometimes they do have two employees, but generally not for more than a couple weeks at a time. Employees will either report to their place or on the job site in the morning. She also noted when they received the permit to construct their accessory building in 1981, the City knew they were going to conduct their business in that building and the Building Inspector had no problem with it. They did have to construct it of certain material. Wayne Davids. 13607 Crooked Lake Boulevard - has been neighbors with the Junkers for 25 years. They have no problem with what the Junkers are doing. Nobody is being hurt and they would like to see the business continue. The Junkers are excellent neighbors. He stated it doesn't seem right that they cannot know who the accusers are. Everybody gets along and it undermines the community by not knowing who made the allegations. The majority supports the Junkers and what they are doing. Charlie Veiman. 13646 Crooked Lake Boulevard - agreed with what Mr. Davids said. He's lived there for 35 years and didn't even know the Junkers had a business. He felt this is ridiculous. If the residents run the community and the Council represents the residents, it is the residents who should decide whether or not they want that business there. He asked if those home businesses that are licensed like beauty salons pay commercial tax rates. Mr. Carlberg stated they do for that portion of the building that is used for business. Mr. Veiman - stated it is the American way to begin a business in one's own back yard. Most businesses cannot afford to buy or rent a building. Art Stern. 13562 Crooked Lake Boulevard - felt consideration shoald be given to the people who lived in the City before it grew so much, not Regular Andover City Council Meeting Minutes - June 18, 1996 Page 6 (Business in Residential District - Junker, Continued) change the rules for those who have lived here just because of so many people have moved in. Possibly a compromise could be reached by grandfathering those businesses that have been in existence for 25 years. Also, the City obviously knew about this when the garage was built but nothing was done then. This is fine with the neighbors, so something should be able to be worked out to allow them to stay. Mrs. Kerrv. 13563 Crooked Lake Boulevard - also stated the City told the Junkers the type of accessory building to construct, so it knew that the business was being conducted there. The Junkers are the kindest neighbors she has. She has more trouble with the people walking past her house with boom boxes than with the neighbor's business. The Junkers are quiet and considerate, and she wants them to continue doing what they have been doing. ? . 2815 135th Circle - looks right into the Junker's yard, and they never see anything going on there. Mr. Junker even helps the City by plowing their Circle and yard in the winter without ever being asked. He too felt the people going down the road with boom boxes and the traffic are more problems then what they see in this business. Marv Snickles. 13526 Crooked Lake Boulevard - doesn't even know the Junkers, that is how quiet they are. Sometimes he can't get out, and Mr. Junker just plows his driveway without a word. The only time hè sees them is if they go to the mailbox. The place is always neat. He'd like to see the Junker's business stay there. Businesses in the home is the coming thing today and is happening allover the country. He felt the City should leave the Junkers alone. Mike Mast. 2815 134th Avenue - didn't know the Junkers ran a business there, and he's lived there since 1985, that is how quiet they are and how much the business is hidden behind the beautiful pine trees. The area is nice big lots. There is privacy but it is still a suburban area. They are fortunate in that regard. They don't have the problems that the more dense residential areas have. The Junkers are quiet and he thought the City does need to leave them alone. Also, the City knew they were there and didn't have a problem. He felt the complaint probably came from a competitor who hasn't been able to compete with the Junker's business. None of the neighbors have a problem with it. Mayor McKelvey asked about the ability of the Junkers to buy the adjacent land to expand their lot to three acres. Mrs. Junker - stated they were not planning on doing that unless they really had to, and that would only be if the Kerry's would sell it to them. Mrs. Kerrv - owns the adjacent property. She asked why they should sell it to their neighbor just to own a business. They may have other plans for that property. Since the Junkers haven't created any problems, why should everything change just for the ordinance. Regular Andover City Council Meeting Minutes - June 18, 1996 Page 7 (Business in Residential District - Junker, Continued) Councilmember Knight understood the argument that this type of business does not pay the commercial rate for taxes. Councilmember Kunza stated a task force did a considerable amount of work on revisions for the ordinance about a year and a half ago. He wondered what happened tc those proposals. One of the recommendations was that the complaint had to be filed by someone in the direct neighborhood. Mr. Carlberg provided a brief history of why that task force was formed and the results. Councilmember Dehn believed in free enterprise. For many businesses, if they have to pay rent and taxes at a commercial rate, they would not be in business; and that would be one more unemployed person, plus themselves. She believed special arrangements should be made, given the support of all of the neighbors and the fact that its been in business at that location for 25 years without most of the neighbors even knowing about it, to allow the Junkers to remain in business. Councilmember Kunza stated he had no problem with the Junkers remaining where they are. They are excellent neighbors. He owns his own business, operating out of his garage; and he understands what they are going through. Councilmember Knight stated it is a dilemma, because the ordinance does not allow them to remain there and it cannot be selectively enforced. If the position is to allow them, obviously the ordinance would have to be rewritten. Possibly something can be written to grandparent thos2 that have been in business for 25 years Councilmember Jacobson stated it is an emotional issue when someone has been in business for a long time. As a Councilmember, he took an oath to uphold the ordinance of the City. There is no reason to doubt the Junkers are good neighbors, but the issue is that they do not meet the ordinance in place. There is also the issue of uniformly enforcing the ordinance. He had no pIoblem with Staff working with the Junkers to develop a reasonable schedule to either move or discontinue operations. Mr. Carlberg stated grandparenting is not an issue since the ordinance has already been adopted. The problem with establishing a reasonable time is trying to establish that time. If 25 years is reasonable, what about 20, or 15, or 10, and so on? He hasn't addressed the building permit issue and was not sure about the history of the accessory building. Mayor McKelvey stated the discussion on externalities included an updating of the ordinance. He felt several sections of the ordinances need to be addressed along with this one, such as the number of chickens or turkeys in the rural areas, especially when compared to the number of horses allowed on the same acreage. He is familiar with this neighborhood, and he didn't even know the Junkers were operating a business there. He had no problems with them remaining there and also felt that the ordinance needs to be changed to be more accommodating t) those businesses that have been established for a long period of time and that are supported by the neighborhood. ~ - . -.,- -. Regular Andover City Council Meeting Minutes - June 18, 1996 Page 8 (Business in Residential District - Junker, Continued) Winslow Holasek - felt that the ordinance must be enforced uniformly, but he didn't think the ordinance applied in this situation. He felt the type and nature of the business has to be considered. No manufacturing is being done, just temporary storage, with no noise and few employees. He felt an ordinance change is needed which considers the nature of the business. Attorney Hawkins also advised it is a question of enforcing the ordinance uniformly. This is not allowed under the existing ordinance. If it is to be allowed, the ordinanc~ must be changed or the City will not be able to uphold the ordinance in court against other similar violations. There was some discussion with residents who again noted the City knew about the business ten years after the ordinance was passed when it issued the building permit for the accessory building. The Ccuncil noted that has not been shown at this point. The requirements at the time did not allow pole barns, which had nothing to do .....ith the business. MOTION by Knight, Seconded by Dehn, to put this issue on hold and refer the ordinance back to the Planning and Zoning Commission for consideration. Criteria to consider could be 1) time in business or year of starting, and 2) look at changing what types of businesses would be allowed. Give the Planning Commission two months to make a recommendation. DISCUSSION: The residents wanted to know when this will be discussed by the Planning Commission. Mr. Carlberg stated Staff will notify the Junkers of the meetings. Mayor McKelvey also indicated he would keep the residents informed. Motion carried unanimously. ESTABLISH SPECIAL REVENUE FUNDS Ms. McGann asked for Council approval to establish separate funds for the Andover Fund Fest and Capital Equipment Reserve. The Andover Fund Fest fund will track the contributions and expenditures related to the Andover Fund Fest so those funds are not commingled with the General Fund budget. The Capital Equipment Reserve fund will be used to fund future equipment and major maintenance purchases so it will no longer be necessary to issue Equipment Certificates. Staff is also recommending equity transfers be made to the Capital Equipment Reserve fund, $166,853 from the General fund, $35,074 from the Sewer fund and $25,000 from the Water fund, totalling $226.927. These are the fund balances made at the end of 1995 for purchases to take place in 1996. As Chairman of the Andover Fund Fest, Mr. Fursman explained no City funds will be used for that acti vi ty. They are starting out with contributions of $5,000, plus it is expected the event will generate funds through the sale of pop and merchandise. This is a City-sponsored function, but no City funds are used; and all Staff time has been donated. City grounds will be used, and they do have some liability coverage from the City's insurance policy. Any excess revenues this year will be carried over to the following year. Mayor McKelvey stated any deficit will be covered by the Lions Club. Regular Andover Ci ty Council Meeting Minutes - June 18, 1996 Page 9 (Estblish Special Revenue Funds, Continued) MOTION by Jacobson, Seconded by Dehn, for approval of the Andover Fund Fest and Capital Equipment Reserve funds as presented by Staff. Motion carried unanimously. EXTERNALITIES/MID- TERMS Mr. Fursman highlighted portions of the report given to the Council in their agenda packets on the progress made to date on the various tasks established by the Council through the Mission Statement. He also noted Staff is looking at a post-card response system for people to fill ou~ indicating their opinion on the services they received at City Hall. The question now is whether to have those cards prestamped or to stamp them individually if people wish to take the card home to fill out and return by mail. Cost is a factor. The Council had no further comment. APPROVE FEASIBILITY REPORT/IP95-26/SHADOWBROOK and APPROVE PLANS AND SPECS/IP93-17/CROWN POINTE Councilmember Jacobson pointed out that in Shadowbrook, the proposal is for the City to carry the costs of $25,000 for oversizing the lift station. In Crown pointe, the proposal is for the City to carry the cost of $60,000 to $70,000 to oversize the sewer to go to the north and northeast. That area is developed into 2 1/2 -acre lots, and the decision was made about a year ago that the City would not bring sewer in that direction. To provide for the oversizing and to carry the cost for many years can be a huge financial burden for the City. Mr. Erickson explained they were looking at the potential service area of the sewer trunk line. If it is not oversized through Crown Pointe, it may not be possible to serve the area to the north and northeast in the future, which potentially could be served some time after the yeaê 2020. He acknowledged it is more difficult to service an area after it has been developed, in this case into 2 1/2-acre lots. If the trunk line is not installed with this plat and sewer is needed to the north/northeast in the future, it would be impossible to bring it through the Crown pointe plat because of the depth. Possibly the line could then be run behind the houses, but it would be more costly. He explained the oversizing and added depth of the lift station in Shadowbrook will be able to serve the area to the north, which is included in the revised Comprehensive Plan for potential sewer expansion area for redevelopment in the 2005 to 2010 time frame. That area contains some 2 1/2-acre and larger lots. This would be a relatively inexpensive way to extend sewer to that area. Jerry Windschitl, Ashford Development, Crown pointe, felt it would be most cost effective for the City to install the trunk line when the plat is being done because he must pay for the first 15 to 16 feet of depth of the pipe. If the line must be brought in later, the City would have to pay for the entire depth, which will make the line much more costly. Regular Andover City Council Meeting Minutes - June 18, 1996 Page 10 (Feasibility/IP95-26/Shadowbrook and Plans & Specs/IP93-17/Crown Point, Continued) In further discussion, the Council was concerned with carrying the cost of the oversizing the trunk through Crown Pointe for 25 or more years. They also felt an alternative would be to service the Barnes Rolling Oaks area from the west should that area ever need municipal sewer, which could be done without incurring the oversizing costs now. It was also noted that the Barnes Rolling Oaks area is virtually all high ground, so it appears the potential need for municipal sewer is minimal. Plus the houses in the plat are not located such that the lots can be easily subdivided, so running sewer through there would create a huge financial burden for the residents. MOTION by Jacobson, Seconded by Knight, that we approve Item No. 18 feasibility report for Shadowbrook as presented and Item No. 25 on the agenda this evening, plans and specs for Crown pointe, approve that minus the oversizing of the sewer for the future capacity use. (See Resolution RI22-96 approving feasibility report/IP95-26/Shadowbrook; and Resolution R123-96 approving plans and specs/IP93-17/Crown pointe) Motion carried unanimously. The Council recessed at this time, 10:30; reconvened at 10:35 p.~. PURCHASE OF COUNTY PROPERTY Mayor McKelvey asked the Council to consider the purchase of tax forfeit land known as WASTECO property from Anoka County. The land consists of approximately 80 acres located south of the old landfill. Approximately 40 acres is unpolluted and all would be usable with sewer and water except for an area near the landfill because of the methane gas. He has talked about the possibility of constructing baseball fields in that area. Councilmember Jacobson suggested this may be a good area for transportation parking for park and ride or to have bus pickup. Attorney Hawkins stated the City would get the $260,000 in unpaid special assessments back. Mr. Fursman stated the county has informeJ him they have reduced the price to $300,000. If some portion of the land is developed and sold, the City does have the ability to reassess and collect on those unpaid special assessments. MOTION by Knight, Seconded by Kunza, to proceed with the purchase for the purchase price of $300,000 with the understanding that the City would get back the special assessments; funds to come from Tax Increment Financing funds. DISCUSSION: Mr. Fursman stated the Phase 1 study was done on the property by Braun Intertec and there was some concerns about the condition of the soils. They recommended doing a Phase 2 study, but that was not done. He asked if the Council wants to negotiate with the county to do some sampling of the soils before purchasing it. The Council felt additional testing should be done. Mr. Fursman estimated that cost at about $5,000, though he may be able to negotiate that with the county. _ ___. _h____ Regular Andover City Council Meeting Minutes - June 18, 1996 Page 11 (Purchase of County Property, Continued) Councilmember Knight ADDED TO MOTION contingent upon the City finding a negative declaration on environmental problems after drilling pre-test holes. Second Stands. Motion carried unanimously. 1997 BUDGET SCHEDULE The Council set a special meeting to begin discussions on the 1997 budget for Wednesday, July 10, 1996, at 7 p.m., Andover City Hall. APPROVE TEMPORARY NON-INTOXICATING LIQUOR LICENSE/ANDOVER FUN FEST MOTION by Knight, Seconded by Dehn, to approve a temporary non- intoxicating on-sale liquor license for the Andover Lions Club for the Andover Family Fun Fest on Saturday, July 20, 1996. Motion carried on a 3-Yes, I-No (Jacobson), I-Abstain (McKelvey) vote. APPROVE BINGO PERMIT/ANDOVER FUN FEST MOTION by Knight, Seconded by Dehn, to approve a Bingo Permit to the Andover Baseball Association for the Andover Family Fun Fest on July 20, 1996. Motion carried on a 4-Yes, l-No (Jacobson) vote. CONSIDERATION OF COMMUNITY DEVELOPMENT DIRECTOR MOTION by Jacobson on Item No. 11, approve the Item expanding the position of Planning Director to that of Director of Community Development. Motion dies for lack of a second. Mr. Fursman explained the request is to acknowledge and reflect work that is already being done by the Planning Director. It would be a promotion for Mr. Carlberg. The position would be responsible for coordinating development through all Departments, as well as coordinating economic development, zoning, plan reviews, the HRA, CDBG funding, code enforcement, and the Comprehensive Plan. There would be no increase in salary for 1996. Staff would recommend the hiring of d planning intern for six months; and if this individual proves to be a good candidate for the full-time position of Planner I, the intern could be hired full-time for 1997. Councilmember Knight was not concerned with Mr. Carlberg and the work he has done, but with the steady addition of Staff in the past year. Mr. Fursman stated other than the Engineering Inspector, the individuals that have been hired have been interns. These position are tem~orary and at a minimum cost to the City. At this time the proposal of a Park and Recreation Director for 1997 is no longer being considered. He is looking instead at an internal promotion to a Park Superintendent. He did not foresee adding any additional Staff for 1997 except possibly in ___ _. __ -0'- Regular Andover City Council Meeting Minutes - June 18, 1996 Page 12 {Consideration of Community Development Director, Continued} engineering. If additional engineering Staff is added, it would not be done so unless the position can pay for itself through the development process. Mr. Fursman also reported for 1997 the county has projected additional market valuation in the City for tax purposes that will generate approximately $225,000 more in income even if the tax rate remained the same. The biggest cost to this proposal would be in 1997 if a full-time Planner I is hired. That would cost approximately ~26,000 in salary for the first year; however, some of the Community Development position would then be funded through development to offset some of the increased salary costs. Councilmember Dehn also had no problem with the promotion of Mr. Carlberg but was concerned that it will result in the need to continually add more Staff. Mr. Fursman noted it will be February, 1997, before any decision is made on a Planning I position. By then the 1997 budget will have been approved. Also, if the intern does not work out, the City can hire another one for another six-month period. MOTION by Jacobson, Seconded by Dehn, to accept the recommendation (expanding the position of Planning Director to Director of Community Development, promotion of Dave Carlberg, and adding an intern planner tc Staff) . Motion carried unanimously. JUNKYARD LICENSE RENEWAL Attorney Hawkins reported Mom's Auto Parts is not completely owned by Mrs. Heidelberger. A trustee owns all of the land and is two-thirds owner of Mom's Auto Parts. The trustee would have to be put on the junkyard license, and they have some concern about assuming any liability. Mr. Fursman stated the trustees have asked for an extension on the existing license to July 2, 1996; and they would make a decision on renewing the license by that time. MOTION by Knight, Seconded by Kunza, to approve the list of licenses with the exception of Mom's, that we delay that until the next meeting and extend that license until July 2 (Licenses to Anoka Auto Wrecking, Commercial Auto Parts, and Wilber's Auto Parts) . Motion carried unanimously. MAYOR/COUNCIL INPUT No Parking on Eidelweiss Cul-de-sac behind Crooked Lake School - Mayor McKelvey stated half of the cul-de-sac has been posted No Parking as approved by the Council at the June 24 meeting. He has talked with members of the athletic associations and the neighbors, and all seem to be pleased with that action. - -. ---~.- Regular Andover City Council Meeting Minutes - June 18, 1996 Page 13 APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dehn, to approve the Claims as presented by Staff. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 11:30 p.m. Re::;;;: ~u~:;¡ ~lla A. Peach Recording Secretary -