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HomeMy WebLinkAboutCC May 21, 1996 Regular City Council Meeting - May 21, 1996 agenda BOOKMARK NAME Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Items I. Public Hearing/Vacation of Easement/Outlot C, Crown Pointe East vacation 2. Accept Easement/Outlot C, Crown Pointe East outlotc 3. Lower Rum River WMO Plan Update Irrwmo 4. Receive 1995 Audit, Financial Report & Management Letter audit 5. Receive Bids/Award Sale/1996 Crossover Refunding Bonds crossover 6. Receive Bids/Award Sale/1996 GO Tax Increment Bonds gotax 7. Receive Bids/Award Sale/1996 Improvement Bonds improvement 8. PUD Ordinance - Density/Phasing pud 9. Timber River Estates Sketch Plan tim berriv 10. Nightingale Preserve Sketch Plan nightpro 11. Public Works Building pwbuilding 12. Schedule Tour of Public Works Building tour 13. City Hall Discussion cityhall 14. Garbage Hauler Ordinance garbage 15. Purchase of Tax Forfeit Parcel taxforfeit 16. Award Bids for New Fire Truck truck 17. Amendment to Ordinance # 69/0pen Burning Ordinance burning EDA Meeting 18. Transfer of Funds funds 19. Designate Additional Depository depository 20. Purchase Liesinger Property liesinger Reports of Staff. Committees. Commissions 21. Mowing Services mowing Non-Discussion Items 22. Designate Additional Depository deposit 23. Release Cash Escrow/Pheasant Meadows escrow 24. Release Letter of CreditlPheasant Meadows/#92-1 0 credit 25. Met Council Update metcouncil 26. Approve Resolution/Mining Penn it/Jim Greenl2855 - 161st Avenue NW mining 27. Approve No Parking/95-14/Crooked Lake Boulevard nopark 28. Approve Septic Dumping Fee septic 29. Approve Final Payment/City Hall Park Complex #2/Fencing/93-7 fence 30. Approve Proposals/Concessions/City Hall Park Complex #2 concess 31. Approve Quotes/Concession Freezer - Ice Maker/City Hall Park Complex #2 freezer 32. Authorize Consulting Finn/South Andover Site mfra 33. ShadowbrookfSite Grading shadowbr Ma)"or-Council Input Pa,·ment of Claims Adjournmcnt - .. 0-·- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 21, 1996 TABLE OF CONTENTS AGENDA APPROVAL . . . · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution RI01-96 designating additional depository · · · · 1 Release cash escrow/Pheasant Meadows · · · · · · · 1 Release Letter of Credit/Pheasant Meadows/IP92-10 · · · · 1 Metropolitan Council update · · · · · · · · · · · 1 Resolution RI02-96 extending mining permit/2855 161st Avenue 1 Resolution RI03-96 approving septic dumping fee · · · · · · 1 Resolution RI04-96 approving final payment/Fencing/IP93-7 · · 1 Resolution RI05-96 authorizing consulting firm/South Andover 1 Shadowbrook/site grading · . · · · · · · · · · · · · 1 Announcement on closing of Bunker Lake Boulevard · · · · 1 APPROVAL OF MINUTES · · · . · · · · · · · · · · 2 PUBLIC HEARING: VACATION OF EASEMENT & ACCEPTANCE OF EASEMENT/ OUTLOT C, CROWN POINTE EAST Resolution RI06-96 vacating easement · · · · · · · · · 2 Motion accepting new easement · · · · · · · · · · · · 2 LOWER RUM RIVER WATER MANAGEMENT ORGANIZATION PLAN UPDATE · 2 1995 AUDIT/FINANCIAL REPORT AND MANAGEMENT LETTER Motion to receive audit, financial report and management letter3 RECEIVES BIDS/AWARD SALE: 1996 CROSSOVER REFUNDING BONDS, GO TAX INCREMENT BONDS AND IMPROVEMENT BONDS · · · · · · · · 3 Resolution RI07-96 awarding sale of $1,220,000 GO Crossover Refunding Bonds to FBS Investment Services · · · · · · · 4 Resolution RI08-96 awarding sale of $2,055,000 GO Tax Increment Bonds to Piper Jaffray, Inc. · · · · · · · · · · · · · 4 Resolution RI09-96 awarding sale of $600,000 GO Improvement Bonds to FBS Investment Services, Inc. · · · · · · · 4 PUD ORDINANCE - DENSITY/PHASING · · · · · · · · · · · 4 TIMBER RIVER ESTATES SKETCH PLAN · · · · · · · · · · · · · 6 NIGHTINGALE PRESERVE SKETCH PLAN · · · · · · · · · · · · · 8 CITY HALL DISCUSSION (set special meeting for June 5, 7 p.m.) · · 9 PUBLIC WORKS BUILDING/SCHEDULE TOUR (Wed. , May 29, 6 :30 p.m.) · · 10 MOWING SERVICES Motion to accept bid from Well Groomed Lawns, Inc. · · · · 11 GARBAGE HAULER ORDINANCE · · · · · · · · · · · · · · · 12 PURCHASE OF TAX FORFEIT PARCEL Motion to purchase parcel 29 32 24 42 0055 · · · · · · · · 12 AWARD BIDS FOR NEW FIRE TRUCK Motion to accept low bid of Pierce Mfg/$289,930 for Engine 6 12 AMENDMENT TO ORDINANCE NO. 69/0PEN BURNING ORDINANCE Motion to approve . . · · · · · · · · · · · · · · 13 NO PARKING/IP95-14/CROOKED LAKE BOULEVARD · · · · · · · · 13 Resolution RII0-96 approving the no parking · · · · · · · 14 PROPOSALS/CONCESSIONS/CITY HALL PARK COMPLEX #2 Motion to approve agreement with C & H Enterprises · · · · · 14 QUOTES/CONCESSION FREEZER & ICE MAKER/CITY HALL PARK COMPLEX #2 Motion to accept low bid on each item · · · · · · · · · 14 MAYOR/COUNCIL INPUT Parking in cul-de-sac on 139th Avenue · · · · · · · · 14 Grading of Shadowbrook plat . · · · · · · · · · · · · · · 14 Traffic signal at Hanson and Crosstown Boulevards · · · · · · 15 Telephone service in plats · · · · · · · · · 15 Presentation by Metropolitan Council Staff (June 4) · · · 15 APPROVAL OF CLAIMS . . . · · . · · · · · · · · · · · · 15 f\ p pro" eO + c..c,y-y--ec-\-ed l.g ~IC¡LP CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - MAY 21, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on May 21, 1996, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight Councilmember absent: Kunza Also present: City Attorney, William G. Hawkins Fire Chief Dan Winkel Public Works Superintendent, Frank Stone Assistant City Engineer, Todd Haas City Engineer, Scott Erickson City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Add 20a, Award Bids on Various Buildings; Add 34, Announcement on Closing of Bunker Lake Boulevard. Pull from Consent Agenda for Discussion: Item 27, Approve No Parking/IP95-14/Crooked Lake Boulevard; Item 30, Approve Proposals/Concessions/City Hall Park Complex #2; and Item 31, Approve Quotes/Concession Freezer-Ice Maker/City Hall Park Complex #2. MOTION by Knight, Seconded by Dehn, to approve as amended. Motion carried on a 4-Yes, I-Absent (Kunza) vote. CONSENT AGENDA / Item 22 Designate Additional Depository (See Resolution RI0l- 96) Item 23 Release Cash Escrow/Pheasant Meadows Item 24 Release Letter of Credit/Pheasant Meadows/IP92-10 Item 25 Metropolitan Council Update Item 26 Approve Resolution/Mining Permit/Jim Green/2855 l£lst Avenue NW (See Resolution RI02-96) Item 28 Approve Septic Dumping Fee (See Resolution RI03-96) Item 29 Approve Final Payment/City Hall Park Complex #2/Fencing/IP93-7 (See Resolution RI04-96) Item 32 Authorize Consulting Firm/South Andover Site (See Resolution RI05-96) Item 33 Shadowbrook/Site Grading Item 34 Announcement on Closing of Bunker Lake Boulevard MOTION by Knight, Seconded by Dehn, to approve. Motion carried on a 4- Yes, I-Absent (Kunza) vote. Regular Andover Ci ty Council Meeting Minutes - May 21, 1996 Page 2 APPROVAL OF MINUTES April 30, 1996, Special Meeting: Correct as written. May 7, 1996, Regular Meeting: Page 9, Motion on Shadowbrook Preliminary Plat, 5th line, delete the word "basically". MOTION by Dehn, Seconded by Jacobson, approval of both Minutes as amended. Motion carried on a 4-Yes, I-Absent (Kunza) vote. PUBLIC HEARING: VACATION OF EASEMENT/OUTLOT C, CROWN POINTE EAST and ACCEPT EASEMENT/OUTLOT C, CROWN POINTE EAST 7:11 p.m. Mayor McKelvey opened the public hearing to vacate a drainage, utility and street easement for Outlot C, Crown pointe East. The second item on the agenda is to accept new easements for Outlot C There was no public testimony. MOTION by Dehn, Seconded by Jacobson, to close the public hearing. Motion carried on a 4-Yes, I-Absent (Kunza) vote. 7:11 p.m. MOTION by Jacobson, Seconded by Knight, to accept the vacation as presented in Agenda Item No. 1 and accept the easement as presented in Item No.2. (See Resolution RI06-96 vacating the drainage, utility and street easement for Outlot C, Crown Pointe East) Motion carried on a 4- Yes, I-Absent (Kunza) vote. LOWER RUM RIVER WATER MANAGEMENT ORGANIZATION PLAN UPDATE Mr. Haas, the City's representative for the Lower Rum River Watershed Management Organization, explained their current plan was completed in 1991. Because the plan must be updated every five years, the Watershed has hired SEH as a consultant to update that plan. He then gave a brief / overview of the organization, its purpose and the district itself. Mark Labermeir, SEH, project engineer for updating the Watershed's plan, addressed the Council on the scope of the plan, its goals, an assessment of problems, and its implementation and review. The implementation of the plan over a 10-year period is estimated to cost $1.3 million. The improvements will be the responsibility of each community, not the organization itself. The primary sources of funding for the organization are from the General Fund of each community, the permitting fees and grant funding which was used to pay for this plan. He asked for the City's approval to forward the plan to the state agencies. It is anticipated it will take about one year for the state agencies to review the plan, so it will not be adopted until July, 1997. Mr. Labermeir explained the reason the budget reflects so much from the City of Anoka is because the dam is in their City and they have been paying for the entire cost of upkeep. The suggestion has been that the cost of the dam be spread among all cities in the Watershed. A very small portion of the costs are administrative because most members are City Staff. Regular Andover City Council Meeting Minutes - May 21, 1996 Page 3 (Lower Rum River WMO Plan Update, Continued) Councilmember Jacobson did not feel prepared to approve the plan, áS the Council has not had an opportunity to review it. Mr. Labermeir stated he would like approval to forward the plan to the state agencies. Councilmember Dehn noted the plan talks about business and residential areas, but nothing about agricultural lands. Mr. Labermeir stated if it has been excluded, it was done so in error. The Council had no further comment on the plan and generally agreed it should be forwarded to the state agencies. RECEIVE 1995 AUDIT, FINANCIAL REPORT AND MANAGEMENT LETTER Bill Lauer, Malloy Karnowski Radosevich and Company, P.A., reviewed the Management Letter and highlighted the Financial Report of the City's audit for 1995. He noted the financial statements are clean with the exception that the general fixed assets are not audited. He understand> the Financial Department will be creating the records necessary for that audit. Also, there is adequate cash in the fund balance to provide the needed cash flow until the revenues are received in July. The City is receiving less revenues from state and federal sources and is having to rely more on taxes and fees generated from services. The expenditures for 1995 came in significantly less than revenues. Mr. Lauer also summarized the accounting comments regarding the City's finances. Councilmember Jacobson was concerned with a comment on legislative activities affecting TIF districts. He asked if the City would lose its TIF status if it didn't show the required job growth within two years. Thomas Truszinski, Juran & Moody, Inc., stated that does not apply to Andover because its districts were created prior to this legislation. The legislation applies only to newly created TIF districts. The Council commended the Finance Department Staff for the good work. Mayor McKelvey asked for a motion to accept the 1995 audit, financial statement, management letter and financial report. MOTION by Knight, Seconded by Dehn, to so move. Motion carried on a 4- Yes, I-Absent (Kunza) vote. RECEIVE BIDS/AWARD SALE: 1996 CROSSOVER REFUNDING BONDS, GO TAX INCREMENT BONDS AND IMPROVEMENT BONDS Tom Truszinski, Juran & Moody, Inc., reported the presentations by Staff to Moody's and Standards and Poors in New York on the City's financial background has resulted in an upgrade in the City's bond rating from BAAl to an A rating. He complimented the Staff on their efforts, noting this results in lower interest rates for the City. When he first approached the Council on the Crossover Refunding Bonds on April 16, the interest rate was such that there would be no cost savings. However, with the upgraded bond rating and the lower market interest rates, the savings being realized exceeds $53,000 in this transaction. Regular Andover City Council Meeting Minutes - May 21, 1996 Page 4 (Receive Bids/Award Sale: 1996 Crossover Refunding Bonds, GO Tax Increment Bonds and Improvement Bonds, Continued) Mr. Truszinski reviewed the nine bids received for the $1,220,000 General Obligation Crossover Refunding Bonds of 1996, recommending the award be given to the low bidder of FBS Investment Services, Inc. , jointly with Norwest Investment Services, Inc. , for a net effective interest rate of 4.4866 percent. MOTION by Jacobson, Seconded by Dehn, that the City of Andover approve the sale of $1,220,000 General Obligation Crossover Refunding Bonds of 1996 to FBS Investment Services and Norwest Investment Services, Inc. , for a combined interest rate of 4.4866 percent overall. (See Resolution RI07-96) Motion carried on a 4-Yes, I-Absent (Kunza) vote. Mr. Truszinski reviewed the six bids received for the City's sale of $2,055,000 General Obligation Tax Increment Bonds of 1996. He recommended approval of the low bid of Piper Jaffray, Inc. , for an effective net interest rate of 5.3122 percent. The reason the interest on this bond is higher is because it is for a shorter period of time. There is a very short call provision for August 1, 2003, call provision at par. MOTION by Dehn, Seconded by Knight, to award the low bid for the $2,055,000 General Obligation Tax Increment Bonds of 1996 to Piper Jaffray, Inc. I for a net interest rate of 5.3122 percent. (See Resolution RI08-96) Motion carried on a 4-Yes, I-Absent (Kunza) vote. Mr. Truszinski reviewed the five bids received for the sale of $600,000 General Obligation Improvement Bonds of 1996, recommending the bid be awarded to the low bidder of FBS Investment Services, Inc. , and the joint manager of Norwest Investment Services, Inc. , for a net interest rate of 4.88 percent. This also has a short call option, with a call date of August 1, 1999. MOTION by Knight, Seconded by Dehn, approval of the sale of $600,000 General Obligation Improvement Bonds of 1996, awarded to FBS Investment Services, Inc. , and Norwest Investment Services, Inc. , for a net effective rate of 4.88 percent. (See Resolution RI09-96) Motion carried on a 4-Yes, I-Absent (Kunza) vote. The Council commended the Staff for a job well done. PUD ORDINANCE - DENSITY/PHASING Mr. Carlberg explained since the May 7 meeting when the PUD Ordinance was approved by the Council, two issues have been raised by developers. The developers understood the density should be based on gross land area. Staff interpreted the Ordinance to base the density on the net land area and allow an increase in density to as much as 20 percent of what the minimum district requirements would allow. If the Ordindnce is based on the gross land area, then Staff feels there is no need to allow the 20-percent increase in density. Staff prepared a report showing the Regular Andover City Council Meeting Minutes - May 21, 1996 Page 5 (PUd Ordinance - Density/phasing, Continued) comparisons of various plats platted under the R-l standards versus platting under a PUD based on the gross land area. The Planning Commission recommended the density be based on gross acreage plus the 20-percent increase based on the criteria already outlined in the Ordinance. Councilmember Jacobson stated it was his intent to get as much green space as possible and still allow reasonable housing, not to get as many houses as possible on one parcel. Councilmember Knight was con~erned with cramming more houses into marginal lands. He also questioned the type of septic systems for the proposed Timber River Estates, recalling the plat to the north will have mound septic systems because of the marginal soils. He also thought that an advantage of the PUD is having to construct less infrastructure in terms of streets, etc. Bvron Westlund. Woodland Development - stated the Staff's report doesn't show the amenities that would be provided by the developers. They are proposing to develop and improve the common areas, and to improve the retention pond areas so they are not unsightly between the developments. He provided the Council with copies of a handout showing several methods of calculating density on their proposed Timber River Estates development. The density calculations proposed by Staff would result in the same density as platting to the standard R-l density. They arè proposing the gross acreage plus a 15-percent increase in density plus adding amenities to the City such as a developed park, walking trails, observation blinds, and improvements to the sedimentation areas. Also, their sketch plan is purely conceptual, because the number of lots may need to be reduced after the wetlands delineation and soil borings have been completed. Their proposal for Timber River Estates is for snlaller one-acre lots to the east and larger four-acre lots along the river to comply with the Scenic River Ordinance requirements. They would still meet the 39,000 square-foot requirement. In discussing the density issue, the Council had a fear that other developers would try to cram as many units as possible into a development area. Attorney Hawkins stated the same standards would need to be applied to everyone. Mr. Carlberg stated that criteria is already outlined in the Ordinance. Councilmember Jacobson noted that 67 lots on Timber River Estates as allowed under R-l standards plus a 20-percent increase in density results in 80 lots in this situation. Mr. Westlund stated that is a suitable compromise. Council generally agreed with the "net buildable area" plus allowing up to a 20-percent increase in density. It was suggested there be further clarification on the definition of "net buildable area". Mr. Carlberg explained the second issue of the PUD Ordinance is on the staging of development. The Council amended Section 4(9) on Page 5 to not exceed 100 percent of the residential density in each stage. The concern was that a developer could develop the first stage to 125 percent density of the entire PUD and then not develop the rest cf the plat or sell the rest of the plat. The developers are concerned with Regular Andover City Council Meeting Minutes - May 21, 1996 Page 6 (PUD Ordinance - Density/phasing, Con tinued) the change, because the PUD would not be possible if the characteristics of the property were such that all of the density increase was in the first phase property, but this provision would not allow them that increase. Councilmember Jacobson felt the problem is with the sentence itself, as he interpreted it to read that the density of the entire plat, whether it says 100 or 125 percent, can be placed in each stage of the development. Mr. Carlberg explained Staff was intending to allow the additional density increase in each phase with an overall density r.ot to exceed the maximum allowed for the plat. He agreed the paragraph should be clarified. Ernie pfannschmidt - owner of the property being developed by Woodland Development as Timber River Estates. He would never expect Woodland Development be a problem, as he found them to be upscale developers. He intends to live there himself, as the property is very important to him. The concept plan looks good to him. The land has been fallow for many years, and he feels Woodland Development will do a good job of developing it. The Council noted the ordinance must be applied to all developers. They noted the need for flexibility and for having the ability to negotiate with developers, but the Ordinance must also protect the City. Attorney Hawkins agreed to meet with Mr. Carlberg to reword this section so it is not possible to put all of the density in one phase of the development. Mr. Carlberg stated Staff will prepare the changes to the ordinance and bring it back to the next Council meeting for consideration. TIMBER RIVER ESTATES SKETCH PLAN Mr. Erickson reviewed the sketch plan of Timber River Estates which is proposed to be developed as a PUD. The 186 acres is proposed to consist of 85 single family rural residential lots, 2 outlots and 1 park. The lots to the east would be one acre in size, with four-acre lots proposed along the river. A 9-acre developed park is proposed along the river plus trails through the area. The outlots would be set up to preserve the wetlands and some high land. The streets would be maintained by the City. There are future accesses proposed to the north and south. The Andover Review Committee's main concern was to provide a southerly access to join an existing cul-de-sac which is about 170 feet to the south over private property. The Planning Commission generally concurred with the layout as proposed. Councilmember Knight noted the street layout with future extension to the north is in a floodplain area. He did not think it will be possiblp. to construct a road through there. Marqe ? - resident of the area to the south. She found out about this meeting at 4:30 this afternoon and was not sure how many neighbors knew Regular Andover City Council Meeting Minutes - May 21, 1996 Page 7 (Timber Rivers Estates Sketch Plan, Continued) about this. They are all concerned with the proposal to provide an access connecting their cul-de-sac with the proposed plat. They are happy with the one road in and out of their plat. It limits the amount of traffic. There are many young children and they do not want more and faster traffic. She was concerned that this is going through too fast. The Council explained this is only the sketch plan stage, and a public hearing of which residents will be notified and where residents ca.. testify will be held when the preliminary plat is proposed. Mayor McKelvey also noted the concern of the Police and Fire Departments for public safety and the policy of looking for two entrances into each plat. Patrick Mann. Arqon Street - felt the primary consideration for safety should be that of the children in their area. Making the connection with the proposed plat will subject their children to more traffic and traffic at higher speeds. He has no young children, but he would prefer the possibility of the snow plow not being able to come through for another day rather than triple the amount of traffic going past his house and those neighbors who have children. Mayor McKelvey noted the concern is also for fire, medical and police emergencies. Mr. Mann still argued against the connection, that the daily traffic increase was a more serious safety concern for the children in their neighborhood than the ability of the Fire or Police Departmen~ ~'? ¡:f,espond a few minutes earlier. Councilmember Jacobson noted the '1!} ~ld have to negotiate with the property owner to obtain the easement to extend the cul-de-sac to this development, and it appears the property owner will not want to sell. He stated the connection will not be made unless there is an agreement with the private property owner. Councilmember Dehn felt there are other safety factors to consider. She had heard this area was to be county park land. Bvron Westlund. Woodland Development - was proud of what they put together conceptually. To their knowledge, the property owners were never approached by Anoka County for parks. They have tried to preserve as much of the natural amenities of the property as possible and to include buffers around the wetlands, nesting boxes and observation blinds. The park is proposed in an area that has little trees to minimize the tree loss. Because of the patterns of the land, they feel the PUD is the right direction to take. In response to Council questions, Mr. Westlund stated because of the park improvements and the availability of the open areas to other Andover residents, they would propose turning ownership of the outlots to the City. They will look at connecting the trails throughout the development. What is shown is conceptual because the wetland delineations have not been done. They will look at how much open water they will have to cross. They will also look at alternative layouts to provide an access to the north. Councilmember Jacobson personally wanted to see something different in the park other than softball and soccer fields. He'd like to see a variety of activities, possibly a tennis court. Given the resident objections to providing an access to the south to connect with the existing cul-de-sac, he suggested the Regular Andover City Council Meeting Minutes - May 21, 1996 Page 8 (Timber Rivers Estates Sketch Plan, Continued) developer consider pulling the road back and ending with a cul-de-sac. He understood the concerns of the residents with increased traffic through their area, especially with the location of the proposed park. He felt the plat is laid out well, but he was hoping to see a more innovative clustering of houses and more open spaces. He also stated he would be disappointed if Woodland cleared the area for development as he has observed being done in the Shadowbrook plat. Mr. Westlund explained the comments from the Building Department on the septic systems and separation between septic and wells dictated the size of the lots. They can look at it again, but their intent is to minimizp. the loss of the trees. They will also change the proposal to the 80 lots which was suggested in the discussion on the previous agenda item (See page 5 of these Minutes). Mr. Erickson stated they will evaluate the need for mound septic systems versus the underground ones. Councilmember Dehn was concerned with the displacement of wildlife, though the artificially created ponds will house some of it; plus those ponds are preferable to having ponding in the back yards. She too felt there may be no street connection to the south because of the private property involved. She wondered if the City is prepared to take over another large park area. Mr. Carlberg explained the PUD allows the Council to accept the property as park land; however, it does not have to do so. The Council will make the decision after being advised by the Park Board. Mr. Westlund stated the Park and Recreation Commission liked the concept. In another City they worked out an agreement where they maintained the park property for one year after finalizing the plat. The PUD allows that type of flexibility. Mr. pfannschmidt recalled that no park was dedicated from Rolling Meadows, the plat to the north, because it was intended this area would have a park. That is why a park is going in there. Mr. Erickson noted cash was taken in lieu of land for the Rolling Meadows plat. There was no further Council comment. NIGHTINGALE PRESERVE SKETCH PLAN Mr. Erickson reviewed the sketch plan of Nightingale Preserve which is proposed to be developed as a PUD with 11 single-family rural residential lots and one outlot. The Council previously saw this parcel proposed under the standard R-1 development of 2. 5-acre lots. The property is currently not within the MUSA, but could be served in the future with the current gravity sanitary sewer system. The proposed Comprehensive Plan has the area slated for approximately 2010-2015. The Fire Department is requesting that Raven Street NW in Wittington Ridge be constructed to this proposed development to eliminate the long dead ends. That connection would have to cross private property and is outside of this plat. That property to the west of this plat is poor soils and there is a question of the buildability of any future lots on it. The Planning Commission has concurred with the concept and is recommending the connection of the access to Wittington Ridge. - . . - . .- Regular Andover City Council Meeting Minutes - May 21, 1996 Page 9 (Nightingale Preserve Sketch Plan, Continued) A representative of the developer stated they would form an association for the open spaces. The outlot would not be public or city owned. Of the 17.5 acres in the outlot, about 10 acres is DNR protected wetlands. They have reduced the number of houses along 157th to five and have improved the safety features of the development. The number of lots has increased from 9 in the first proposal to 11 in this PUD proposal. Without any increase in density, this meets the standard for both net and gross area densities. The existing building on Lot 1 will be removed. The house on Lot 6 will remain. They are not asking for anything outside of the plat. Jerrv Windschitl. Ashford Development - responded to a Council comment on the drainage for the area. None of the ditches on the western property drain to this property. This property is all self-contained. Councilmember Dehn was concerned that the runoff doesn't go onto the agricultural property. She has experienced promises from developers that the runoff will not affect agricultural property, only to find after the development is completed that it does affect the ag land. The representative of the developer stated the storm water will stay on the property with an overflow to Nightingale, which is away from the Field's property to the west. Councilmember Knight's only concern was with the long road. He'd like to see Raven Street extended to make the connection. Councilmember Jacobson preferred to see the outlot given a lot and block number. He was concerned with who will be responsible for the outlot. He does not want to see the lot go tax forfeit. Attorney Hawkins stated it is irrelevant whether it is an outlot or a lot. It is still platted and the association will have covenants that will be filed with each lot. The outlot would be owned by the association. The representative of the developer stated if it is given a lot number, it can be construed as a buildable lot, which it is not. Councilmember Jacobson suggested Lots 9 and 10 be shifted to the east 20 feet, which perhaps will provide enough room on the west edge of the plat to bring Raven Street through to connect with 157th. He'd like to see tha~ street come through if possible. If those streets are never going to be connected, he'd prefer to see 157th shortened and end in a cul-de-sac. There were no further comments on the sketch plan. CITY HALL DISCUSSION Marc Pearce, Adolfson & Peterson, and Jerry Putnam and K. C. Lim, LHB Engineers and Architects, addressed the Council. Mr. Pearce asked for Council approval of the footprint of the proposed new City Hall. Then they will move into the detailed layout and look at individual spaces. The footprint is for 10,000 square feet for offices and the Council chambers. They are still projecting to stay within budget and their goal is to break ground around September 3. Regular Andover City Council Meeting Minutes - May 21, 1996 Page 10 (City Hall Discussion, Con tinued) The Council expressed surprise that the footprint was now for 10,000 square feet, as they were under the impression the minimum discussed was 12,000 square feet and there was some concern that even that was too small. Mr. Pearce stated the 10,000 square feet was based on the discussions and the requirements for individual spaces. The proposal is that some of the items that were in the new building can be put in the exiting building and shared such as the mechanical and the restrooms. They are still looking at a cost between $60 and $70 per square foot for the new addition, which is within the construction budget. After further discussion, the Council generally approved of the footprint, that is the shape and location of the new building. They felt, however, that 12,000 square feet was necessary. The preference was to build the new building right the first time so another addition isn't need in two years. They had no problem with the proposal to utilize one restroom and one mechanical room for both the existing an1 new buildings. They also wanted to know the costs for remodeling the existing building. The Council agreed to hold a special meeting on Wednesday, June 5, 1996, at 7 p.m., at the City Hall to review the next phase of the City Hall building project with the construction manager and architects. The Council recessed at 10:00; reconvened at 10:08 p.m. PUBLIC WORKS BUILDING/SCHEDULE TOUR Mr. Fursman gave a presentation on potential sources of funding to finance a new Public Works building. A total amount of $2,955,000 is estimated for the new City Hall construction, furnishing that building, remodeling the existing City Hall and constructing a new 39,000 square- foot Public Works building based on $56 per square foot, which is the cost estimated by Craig Cronholm of Adolfson and Peterson. About $1,555,000 is available from the sale of land to the school district, the settlement from the Piper Jaffray fund, the sewer and water assessments to the school district, a percentage of interest earned o~ investments plus funding from the water and sewer fund, the PIR fund and the TIF fund. He showed two options of financing and the effects on the City's finances, that is to either finance 100 percent of the costs or to finance 50 percent of it. The assumption is that taxes would not be raised to construct the buildings. Based on the numbers presented, he hoped the Council feels comfortable in looking at constructing the City Hall and the Public Works building together. There are some cost savings by doing the two together. There was some question by the Council as to the $300,000 proposed to be put toward the projects from the water and sewer fund. They felt that may be excessive and questioned if the funds actually had that amount available or will rates have to be raised to cover that cost. Mr. Regular Andover City Council Meeting Minutes - May 21, 1996 Page 11 (Public Works Building/Schedule Tour, Con tinued) Fursman pointed out that about 30 percent of the equipment to be housed in the new Public Works building will be for the Sewer and Water Departments. The money is available in the water fund now. Mr. Stone stated the decision was made to keep the Department at the City Hall site because they work closely with the Staff at the City Hall. He noted a sketch showing a layout for storing the City's equipment, and 29,000 square feet just squeezes in everything they have. Hopefully in three to five years the third Fire Station will be constructed and Public Works will then be able to utilize that area now being used by the Fire Department. He also asked that the Council tour their facilities and listen to a presentation by the Department supervisors on the activities of 1995 and the plans for 1996. The Council set the date of that tour for Wednesday, May 29, 6:30 p.m. In discussing the proposal, it was suggested the cost for the Public Works building might be reduced by constructing a steel building instead of block, that possibly a "campus II environment is not essential, that another area of expense for the City that must be kept in mind is to bring the seal coating up to date, that the intent would be not to raise taxes to pay for either the new City Hall or the new Public Works buildings, that there must be further consideration in reducing the cost of a Public Works building, that possibly some financing could be arranged through the EDA for a 10- or IS-year period or a lease back, and that the projects for the City Hall and the Public Works building should be kept separate. There was an understanding for the need of some building to house the Public Works equipment, but it was felt further research needs to be done on the cost and on financing. Winslow Holasek suggested the Public Works building be made large enough so it doesn't have to be expanded before the bond is paid off. He felt it would be better to match the new Public Works building with the existing one rather than to match it with the City Hall. He personally did not see the need for a brick Public Works building. The Council agreed to discuss this further at the May 29 meeting, though they suggested the Staff get price estimates from two or three others. MOWING SERVICES Mr. Stone reviewed the quote received for mowing grass and weeds. Thee cost to contract for weeds is cheaper than what the City can do it for; but the quote for mowing is about the same as the City's costs. He'd prefer to contract the mowing also to allow the Staff to concentrate on the other parks and athletic fields. MOTION by Jacobson, Seconded by Knight, that we accept the bid fro~ Well Groomed Lawns, Inc. , for mowing grass and weeds as outlined in their proposal and submittal for 1996 . Motion carried on a 4-Yes, l-Absent (Kunza) vote. Regular Andover City Council Meeting Minutes - May 21, 1996 Page 12 GARBAGE HAULER ORDINANCE Mr. Fursman explained the haulers who have been operating in the Citf without a license are complaining that some haulers are buying other haulers and then have more than one license. The question is whether the City wants to further limit the amount of garbage haulers that drive through the City or does it want to make a provision in the ordinance which deals with parent company ownership of several licenses. Attorney Hawkins stated if a company buys another company, it is two seI='arate entities and they are entitled to two licenses. After some discussion, the Council did not see a problem at the present time, nor did they wish to increase the number of licenses issued for garbage haulers. No change was suggested in the ordinance at this time. PURCHASE OF TAX FORFEIT PARCEL MOTION by Knight, Seconded by Dehn, the purchase of tax forfeit parcel 29 32 24 42 0055, Outlot A, Brandon's Lakeview Estates. DISCUSSION: Councilmember Jacobson opposed the purchase, as it becomes another parcel the City must maintain. If the City doesn't take it or maintain it, the county will have to. Mayor McKelvey stated the City must deal with the county, and it has been their request that the City accept this parcel. Motion carried on a 3-Yes, I-No (Jacobson) , I-Absent (Kunza) vote. AWARD BIDS FOR NEW FIRE TRUCK Chief Winkel presented the bid for the replacement of Engine Six located at Station No. 2. One bid was received from Pierce Manufacturing of Appleton, Wisconsin, for $289,930. Staff has determined that the bid meets or exceeds all of the minimum requirements as specified. Two letters were also received from manufacturers who were mailed specifications stating they could not bid on the truck at this time. The Staff's estimate for the truck was $250,000; however, he was unaware of the 17-percent increase in prices of new trucks effective the first of the year. He expected another $2,000 will be needed for radios on the truck. There will also be some deducts from the cost, as the manufacturer has suggested some plumbing changes that would save some money. The intent is to sell the existing truck, speculating it could be sold for $25,000 to $30,000. Chief Winkel stated there is the $55,000 that was to be used to refurbish the existing truck, plus the sale of it that can be put toward the cost of the new one. The balance is proposed to come from the PIR fund. As proposed, no funds will be needed until 1997. MOTION by Knight, Seconded by Jacobson, to accept the low bid of Pierce Manufacturing for $289,930, with the idea that it will be paid in 1997 and nothing coming out of the 1996 funding and those funding sources already identified by Chief Winkel. Motion carried on a 4-Yes, I-Absent (Kunza) vote. Regular Andover City Council Meeting Minutes - May 21, 1996 Page 13 AMENDMENT TO ORDINANCE NO. 69/0PEN BURNING ORDINANCE Chief Winkel explained the intent of the amendment is to include the rules and regulations for recreational fires in the ordinance. They receive about 100 calls a week for recreational fires with the majority taking place on weekends. Also, for every 100 calls they do receive, they estimate there is another 100 recreational fires that are not properly reported. Councilmember Jacobson provided a copy of proposed changes to the amendment. He was concerned with the hours during which people must call in to report recreational fires. He felt the City must be more accommodating to the residents and allow them to call in a minimum of 24 hours prior to the burn, even leaving a message on the answering machine. Chief Winkel stated the preference is to talk with the residents to be able to explain the regulations. The reason 9 a.m. to 3 p.m. was put in the ordinance is because that is when someone is at the Fire Station to take the calls. He also explained that both dispatch and the closest Fire Station is alerted to those recreational fires that have been called in. Mr. Fursman stated in talking with Chief Winkel, it was felt that allowing residents to leave a message on the answering machine is just as effective as not requiring them to report a recreational fire at all. Possibly instead of having people call to report their intent and to receive the instructions and regulations, the City should double its effort in educating the residents on the rules and regulations and not have them report them at all. The Council generally agreed with Mr. Fursman's suggestion and agreed tc increasing the effort to inform the public of the regulations for recreational fires. The Council agreed with the changes suggested by Councilmember Jacobson with two exceptions: delete the paragraph on reporting recreational fires to the Andover Fire Department ( second paragraph under Section 3a) and delete the last paragraph on liability. The liability issue should be included in the educational material given to residents. MOTION by Knight, Seconded by Dehn, the ordinance amendment as modified by Councilmember Jacobson but with the two paragraphs deleted. Motion carried on a 4-Yes, I-Absent (Kunza) vote. The Council recessed at this time to hold an EDA meeting, 11:38; reconvened at 11:43 p.m. APPROVE NO PARKING/IP95-14/CROOICED LAKE BOULEVARD Mr. Erickson explained at the public hearing the residents indicated they wanted parking on one side and no parking on the other side of Crooked Lake Boulevard. No sidewalk or trail is being constructed a~ this time, though the Comprehensive Plan calls for a bike route through this portion of the City. Regular Andover City Council Meeting Minutes - May 21, 1996 Page 14 (Approve No Parking/IP95-14/Crooked Lake Boulevard, Continued) MOTION by Dehn, Seconded by Knight, to approve the Resolution (See Resolution RII0-96 designating no parking on the east side of Crooked Lake Boulevard from 133rd Avenue NW to Bunker Lake Boulevard NW). Motion carried on a 4-Yes, I-Absent (Kunza) vote. APPROVE PROPOSALS/CONCESSIONS/CITY HALL PARK COMPLEX #2 Councilmember Knight suggested a provision in the contract be included that the building would be left in good condition at the end of the summer and that it be the responsibility of C & H Enterprises to do any needed repairs if it is not in good condition. That would not include any work to the structure; only that due to the neglect of C & H Enterprises. That should also apply to the City's equipment that is left in the fall. Councilmember Jacobson thought there should either a security deposit or insurance for property damage. MOTION by Jacobson, Seconded by Dehn, to approve the agreement with the language to be added in the fall when the concession area is closed the machinery should be in good condition less normal wear and tear. Motion carried on a 4-Yes, I-Absent (Kunza) vote. APPROVE QUOTES/CONCESSION FREEZER « ICE MAKER/CITY HALL PARK COMPLEX #2 Councilmember Jacobson suggested the rental fees from the Concession Building be given to the Park Board budget until the equipment is paid for, since the funding to purchase the equipment will come from their budget. The Council agreed. MOTION by Jacobson, Seconded by Dehn, to accept the low bid on each item with the rental fees to go back to the Park Board budget until the equipment is paid for, and then the funds would revert back to the General Funds of the City. (Superior Products, $2,337.57 for an ice machine and bin; Palm Bros., $1,049.02 for a freezer) Motion carried on a 4-Yes, I-Absent (Kunza) vote. MAYOR/COUNCIL INPUT Parking in cul-de-sac on 139th Avenue - Mayor McKelvey reported he received calls that 17 cars were parked in the cul-de-sac on 139th behind Crooked Lake School, with the problem being the worst on Wednesday and Thursday evenings. The Council had told the residents the no parking signs would go back up again permanently if there was a problem this spring. The Council asked Staff to view the area to see if there is a problem and to make a recommendation. Grading of Shadowbrook plat - Councilmember Jacobson expressed disappointment in the grading taking place in the Shadowbrook development, as it appears that acres of trees have been cleared out - - Regular Andover City Council Meeting Minutes - May 21, 1996 Page 15 (Mayor/Council Input, Continued) except for a few along the borders. It is very frustrating, especially since the intent in granting the variances on the basement elevations was to save the trees. He stated will he certainly be more careful in reviewing grading plans in the future to avoid this situation again. Traffic signal at Hanson and Crosstown Boulevards - Because of the many accidents at this intersection, including the serious one this evening, the Council asked that the county be urged to install a traffic signal there. Telephone service in plats - Councilmember Jacobson understood the phone company is not providing telephone service to some plats for up to si', months. It is a public service issue and the State Attorney General in Colorado ordered the phone company to provide cellular phones to residents in similar situations. Because of the importance of phones, especially in emergency situations, he suggested the phone company be made aware of the ruling in Colorado and be asked to provide cellular phones to those Andover residents without phone service until that service is available. Presentation by Metropolitan Council Staff - Mr. Carlberg asked if the Council was interested having the Metropolitan Council Staff give a presentation on the three growth options that Council will be reviewing. The City Council agreed to hear that presentation at the June 4, 1996, regular meeting, if possible. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dehn, the Claims as presented. Motion carried on a 4-Yes, I-Absent (Kunza) vote. MOTION by Jacobson, Seconded by Dehn, to adjourn. Motion carried on ~ 4-Yes, I-Absent (Kunza) vote. The meeting was adjourned at 12:03 a.m. Respectfull~submitted, ~~~L Recording Secretary