Loading...
HomeMy WebLinkAboutCC November 6, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 Regular City Council Meeting - November 6, 1996 agenda Call to Order - 7:00 PM Bookmark Resident Forum Name Agenda Approval/ Consent Agenda Approval of Minutes minutes Discussion Items I. Home Health Care Week Proclamation health 2. Canvas Election Results election 3. School Liaison Officer Position liaison 4. Assessment Hearing/93-30IBunker Lake Blvd. Service Road hear9330 5. Assessment Hearing/96-14/l421 0 Crosstown Blvd./SS & WM hear9614 6. Assessment Hearing/96-23/Kottkes' Bus/WM hear9623 7, Public HearingfDelinquent Utilities utilities 8. Special Use Pennit & Lease Agreement/Antenna Tower/APT Inc. lease 9. Rezoning/Timber Oaks Estates/Woodland Development Corp. rezoning 10. Approve Preliminary Plat/Timber Oaks EstatesIWoodland Development Corp. pptoaks II. Drainage Plan DiscussionlRademacher (Bill's Superette)/Hanson Blvd. NW bills 12. Tree Preservation Policy tree 13. Modify Assessment Policy Guidelines/Agricultural Properties policy EDA Meeting .14. DTED/Met Council Contaminated Land Grant Clean-up grant 'lon-Discussion/Consent Items , ;. Redemption of Bonds bonds S. Special Use Penn it/Antenna Tower/SBA Inc. tower 17. Special Use Penn it/Security Ann/SBA Inc. arm 18. Special Use Penn it/ Area ID Sign/Timber Oaks Estates timber 19. Amended Special Use Pennit/Propane Tank/SuperAmericail3727 Hanson Blvd. NW superamerica 20. Special Use PennitlReal Estate Sign/Meadowlark Heights/REMAX Realty remax 21. Special Use PennitlReal Estate Sign/Meadowlark Heights/1st Nat. Bank, St. Croix Falls banksign 22. Amended Special Use PennitlMining PennitINorth Lexington Landscaping mining 23. Variance/5167 - 159th Ave NW/Mary Anderson anderson 24. Amend Ord. #40/Lot Split Ordinance ord40 25. Amend Ord. #108/Shoreland Ordinance shoreland 26. Variance/16087 N. Enchanted Drive enchanted 27. Hiring of Public Works Personnel publicworks 28. Extended Warranty for New Fire Dept. Vehicle warranty 29. Accept EasementILot 26, Block I, Meadows of Round Lake easement 30. Reduce Escrow/Foxberry Fanns/Developer's Improvements foxberry 31. Reduce Escrow/Jonathan Woods/Developer's Improvements jonathan 32. Accept Petition/96-25/14139 Crosstown Blvd./SS &WM acptpet 33. Accept Feasibility/96-25/14139 Crosstown Blvd./SS & WM acptfeas 34. Order Feasibility Reportffrunk Sanitary Sewer & WatennainIWoodland Estates/96-26 ord9626 35. Approve Request/Kottkes' Bus Service/Utilize Ponding Area for Snow Storage snows tor 36. Approve Bids for Surplus City Property surplus 37. Order Plans & Specs/Well #3/Maintenance/96-28 orderps 38. Approve Plans & Specs/ Well #3/Maintenance/96-28 aprovps . 9. Approve Change Order #2/94-33/Commercial Blvd. corder2 1. Woodland Development Lot Purchase woodland .. Approve Revised Grading Plan/Crown Pointe erownpt 42. Approve Revised Grading Plan/Crown Pointe East erpteast 43. GIS Joint Powers Agreement gis 44. Approve Quotation/Phase II Investigation/Heidelberger I Acre Parcel phasell Mayor-Council Input Pavment of Claims Adiournment . O_q ..- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 6, 1996 TABLE OF CONTENTS AGENDA APPROVAL . . · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R239-96 - Redemption of bonds · · 1 Resolution R240-96 approving Special Use Permit/Antenna Tower/ SBA, Inc. . · . . · · · · · · · · · · · · · 1 Resolution R241-96 approving Special Use Permit/Security Arm/ SBA, Inc. · · · · · · · · · · · · 1 Resolution R242-96 approving Amended Special Use Permit/Propane Tank/SuperAmerica/13727 Hanson Boulevard · · · · · · 1 Resolution R243-96 approving Special Use Permit/Real Estate Sign/ Meadowlark Heights/REMAX Realty · · 1 Resolution R244-96 approving Amended Special Use Permit/Mining Permit/North Lexington Landscaping · · · · · · · 1 Resolution R245-96 approving variance/5167 159th Avenue NW 1 Resolution R246-96 approving variance/16087 North Enchanted Dr 1 Hiring of Public Works personnel (Madden, Seeger, Karney) · 1 Extended warranty for Fire Department vehicle · · 2 Accept easement/Lot 26, Block 1, Meadows of Round Lake 2 Reduce escrow/Foxberry Farms/Developer's improvements · 2 Reduce escrow/Jonathan Woods/Developer's improvements 2 Resolution R247-96 accepting petition/IP96-25/14139 Crosstown Boulevard/Sanitary sewer and watermain · · · · · 2 Resolution R248-96 accepting feasibility/IP96-25 · · · 2 Resolution R249-96 ordering feasibility/Trunk sanitary sewer and watermain/Woodland Estates/IP96-26 · · · · · · · · 2 Approve bids for surplus City property · · · · · · · 2 Resolution R250-96 ordering plans and specifications/Well #3/ Maintenance/IP96-28 · · · · · · · · · · · · · · · · 2 Resolution R251-96 approving plans and specs/IP96-28 · · · 2 Resolution R252-96 approving change order #2/IP94-33/ Commercial Boulevard · · · · · · · · · · · · · 2 Woodland Development lot purchase · · · · · · · 2 Approve revised grading plan/Crown pointe · · · · · · 2 Approve revised grading plan/Crown pointe East · · · · 2 Approve quotation/phase II Investigation/Heidelberger One-acre 2 APPROVAL OF MINUTES · . · · · · · · · · · · · · · · 2 COUNTY COMMISSIONERS McCULLY AND BERG · · · · · · · · 2 HOME HEALTH CARE WEEK PROCLAMATION · · · 2 CANVAS ELECTION RESULTS Resolution R253-96 declaring and certifying elections 3 SCHOOL LIAISON OFFICER POSITION · · · · · · · · · · · · · 3 Motion to authorize the development of a one-year contract 4 DRAINAGE PLAN/RADEMACHER (BILL'S SUPERETTE)/HANSON BOULEVARD · 4 ASSESSMENT HEARING: IP93-30/BUNKER LAKE BOULEVARD SERVICE ROAD · 6 Motion to negotiate with property owners and get appraisals · 7 ASSESSMENT HEARING: IP96-23/KOTTKES' BUS/WATERMAIN Resolution R254-96 adopting the assessment roll · · 8 ASSESSMENT HEARING: IP96-14/14210 CROSSTOWN BODLEVARD/SS & WATERMAIN Resolution R255-96 adopting the assessment roll · · · · · · 8 SPECIAL USE PERMIT AND LEASE AGREEMENT/ANTENNA TOWER/APT, INC. Resolution R25G-96 approving the special Use Permit and lease 8 REZONING/TIMBER OAKS ESTATES/WOODLAND DEVELOPMENT CORPORATION Motion to rezone · · · · · · · · · · · · · · · 8 Regular Andover City council Meeting - November 6, 1996 Table of Contents Page ii PRELIMINARY PLAT/TIMBER OAKS ESTATES/WOODLAND DEVELOPMENT . · · · 9 Resolution R257-96 to approve the preliminary plat · · 11 SPECIAL USE PERMIT/AREA ID SIGN/TIMBER OAKS ESTATES Resolution R258-96 approving the Special Use Permit · · · 11 TREE PRESERVATION POLICY Motion to table · · · · · · · · · · · · · · 11 PUBLIC HEARING: DELINQUENT UTILITIES · · · · · · · · · 11 Resolution R259-96 adopting the assessment roll · · · · · · 12 MODIFY ASSESSMENT POLICY GUIDELINES/AGRICULTURAL PROPERTIES Motion for Staff to draft policy change · · · · · · · · · · 12 SPECIAL USE PERMIT/REAL ESTATE SIGN/MEADOWLARK HEIGHTS/1ST NATIONAL BANK, ST. CROIX FALLS · · · . · · · · · · · · · · · · 12 Motion to table · · . · · · · · · 13 AMEND ORDINANCE NO. 40/LOT SPLIT ORDINANCE Motion to approve · · · · · · · · 13 GIS JOINT POWERS AGREEMENT Motion to approve . . · · · · · · · · · · · · · · · · 13 APPROVAL OF CLAIMS · · · · · · · · · · · · · 13 MAYOR/COUNCIL INPUT Representative on Quad Cities Cable Commission · · · · · 13 rademacher project on Hanson Boulevard · · · · · · · 14 ADJOURNMENT . . . . . . · · · · · · · · · · · · · · 14 - - -~_.. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - NOVEMBER 6, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on November 6, 1996, 7:00 p.m., at the Oak view Middle School, 15400 Hanson Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Planning, Jeff Johnson Planning Intern, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Pull from the Consent Agenda for discussion: Item lS, Special Use Permit/Area ID Sign/Timber Oaks Estates; Item 21, Special Use Permit/Real Estate Sign/Meadowlark Heights/1st National Bank, St. Croix Falls; Item 24, Amend Ordinance #40/Lot Split Ordinance; Item 43, GIS Joint Power Agreement. Table Items 25, Amend Ordinance #10S/Shoreland Ordinance because it shows a lake where there is no lake and Item 35, Approve Request/Kottkes' Bus Service/Utilize Ponding Area for Snow Storage at the request of Staff. MOTION by Kunza, Seconded Jacobson, to approve the Agenda as amended. .Motion carried unanimously. CONSENT AGENDA Item 15 Redemption of Bonds (See Resolution R239-96) Item 16 Special Use permit/Antenna Tower/SBA, Inc. (See Resolution R240-96) Item 17 Special Use permit/Security Arm//SBA, Inc. (See Resolution R241-96) Item 19 Amended Special Use Permit/Propane Tank/ SuperAmerica/13727 Hanson Boulevard NW (See Resolution· R242- 96) Item 20 Special Use permit/Real Estate Sign/Meadowlark Heights/REMAX Realty (See Resolution R243-96) Item 22 Amended Special Use Permit/Mining permit/North Lexington Landscaping (See Resolution R244-96) Item 23 Variance/5167 159th Avenue NW/Mary Anderson (See Resolution R245-96) Item 26 Variance/16087 North Enchanted Drive (See Resolution R246-96) Item 27 Hiring of Public Works Personnel (Dennis Madden, Terence Seeger and Andrew A. Karney) . h.. Regular Andover City Council Meeting Minutes - November 6, 1996 Page 2 (Consent Agenda, Continued) Item 28 Extended Warranty for Fire Department Vehicle Item 29 Accept Easement/Lot 26, Block 1, Meadows of Round Lake Item 30 Reduce Escrow/Foxberry Farms/Developer's Improvements Item 31 Reduce Escrow/Jonathan Woods/Developer's Improvements Item 32 Accept Petition/IP96-25/14139 Crosstown Boulevard/Sanitary Sewer and Watermain (See Resolution R247-96) Item 33 Accept Feasibility/IP96-25 (See Resolution R248-96) Item 34 Order Feasibliity Report/Trunk Sanitary Sewer and Watermain/Woodland Estates/IP96-26 (See Resolution R249-96) Item 36 Approve Bids for Surplus City Property Item 37 Order Plans and Specifications/Well #3/Maintenance/ IP96-28 (See Resolution R250-96) Item 38 Approve Plans and Specs/IP96-28 (See Resolution R251- 96) Item 39 Approve Change Order #2/IP94-33/Commercial Boulevard (See Resolution R252-96) Item 40 Woodland Development Lot Purchase Item 41 Approve Revised Grading Plan/Crown pointe Item 42 Approve Revised Grading Plan/Crown pointe East Item 44 Approve Quotation/Phase II Investigation/Heideberger One-Acre Parcel MOTION by Kunza, Seconded by Jacobson, to approve the Consent Agenda. Motion carried unanimously on all items except Item 36. Councilmember Dehn abstained on Item 36 because she is personally affected. APPROVAL OF MINUTES October 15, 1996, Regular Meeting: Correct as written. MOTION by Jacobson, Seconded by Kunza, to approve. Motion carried unanimously. COUNTY COMMISSIONERS McCULLY AND BERG The County Commissioners asked to meet with the City Council at a special meeting to discuss several items of mutual interest, particularly transportation. The Council agreed to meet with the Council prior to the next meeting on November 19, 1996, 6 p.m. HOME HEALTH CARE WEEK PROCLAMATION Mayor McKelvey read the proclamation declaring November as Home Care Month. Bob Loftus of the Loftus Center invited the Council and interested residents to an open house at the Loftus Center. - - - .--.- . - ---.-- .. Regular Andover City council Meeting Minutes - November 6, 1996 Page 3 CANVAS ELECTION RESULTS MOTION by Jacobson, Seconded by Kunza, the Resolution as presented.. (See Resolution R253-96 declaring and certifing those elected as Jack McKelvey for a 2-year term as Mayor; Mike Knight and Ken Orttel for four-year terms as Councilmembers) Motion carried unanimously. SCHOOL LIAISON OFFICER POSITION Mr. Fursman explained the City has received a COPS grant of $75,000 for the establishment of a community policing element. The proposal is to establish a school liaison officer in a joint effort with School District #11 and the Anoka County Sheriff. The grant allocates $30,000 the first year, $25,000 the second and $20,000 the third year. The school district will pay $15,000 the first year, with the remaining $5,052 coming from the Andover 1997 budget. When the schools are not in session, the officer would be available to the City of Andover for additional patrols. The program is designed as a boost to law enforcement, not as a permanent fix. After the third year, it is supposed to be self-sufficient. The school district's participation would increase as the student population increases. One source of the City's portion would be from the contingency fund of the 1997 budget. After a year, a report will be generated evaluating the program. Captain Lenny Christ, Anoka County Sheriff's Department, highlighted the advantages of such a position in the schools, stating they can have a positive influence on the youth early on. He envisioned the officer servicing all of the schools in Andover, including the private school, with particular emphasis on the middle school. Issues would also be dealt with such as safety, drug and alcohol abuse; and they would work closely with the educators. It probably would not include the DARE program, because that is a very large program itself. Lieutenant Bruce Andersohn stated the Neighborhood Crime Watch program would not be a part of this program, although that program is active in Andover. They are now in the process of getting it back to the forefront for the citizens. Norm Handy, Principle of Oak view Middle School, noted his past experience with the school liaison officer in other schools, stating one of the best parts of the program was crime prevention. The school receives a crime levy allotment based on the student population, but he did not have the dollar amount per student at this time. Councilmember Jacobson stated the officer would be in the schools almost 100 percent of the time, yet the City is paying most of the cost. Captain Christ stated their approach to law enforcement is not just the' officer responding to calls. This officer will be changing attitudes and behaviors of children so they don't have to deal with them later on. It is a long-term program. This person must be a sworn officer with experience on the Anoka Sheriff's Department. The City and school district would be a part of the selection process. Regular Andover City Council Meeting Minutes - November 6, 1996 Page 4 (School Liaison Officer Position, Continued) MOTION by Jacobson, Seconded by Dehn, that the City Council authorize the Police Department and school and City Staff to work up a one-year contract and bring that back to the Council for final approval when it is completed. Motion carried unanimously. DRAINAGE PLAN DISCUSSION/RADEMACHER (BILL'S SUPERETTE) /HANSON BOULEVARD Mr. Carlberg explained Rademacher has provided the architectural elevations and landscaping plans for a proposed Bill's Superette on 138th and Hanson Boulevard NW. In 1988 the City Council issued a Special Use Permit for the storage of liquid fuels, but it did not contain a sunset clause. In 1989 the City Planner sent a letter indicating it was a valid Special Use Permit. In 1990 the City started adding a sunset clause in all Special Use Permits, but in 1994 the City Council verified that this Permit was still valid. Based on that, Rademacher is proceeding with the development of the site. The proposal that was submitted meets the City's ordinances and policies, including the issue of drainage. That issue came up because some houses to the east were constructed too low. The original design was to drain to the pond to the east, but Rademacher has now accommodated that drainage on site. A service road to the south is not a part of this project, but they are proposing a connection between 138th and 139th as part of the traffic control measure. This eliminates having to access Hanson Boulevard directly. Mr. Erickson reviewed the proposed drainage plan, noting normally there will not be standing water in the ponds. The drainage will not affect the existing pond to the east. There is a berm adjacent to the existing pond, and the question was raised whether that berm could be built up and pond the water behind the trees rather than excavate them. Rademacher's engineers looked at that, but they needed to do additional excavation to meet their storm sewer requirements. Minimal trees can be preserved since there is that open space between the berm and the tree line. There is a landscaping plan for additional screening. The system is designed for the 100-year flood. Two or three homes have been constructed lower than proposed, which could potentially flood in a 200- to 500-year storm. Commissioner Dehn expressed concern about contaminated runoff from the asphalt, liquid fuels and oils going into the natural ponding which would destroy the ecology of the natural ponds. This is another service station discharging into the natural ponding area. A resident noted that the SuperAmerica station was required to put skimmers in the pond to prevent hydrocarbons from getting into the system. Is the same bein~ done here? Mr. Erickson stated that is not indicated on the plan; however, the Staff will look at that and give it serious consideration. Councilmember Jacobson noted this is just informational, that all codes are being met, and that no other permits are needed for the project to -. Regular Andover City Council Meeting Minutes - November 6, 1996 Page 5 (Drainage Plan/Rademacher--Bill's Superette--Hanson Blvd, Continued) proceed. The business has the legal right to operate at that location and there is nothing the City can do about it at this point. Also, the storm drainage has been designed to meet the City's standards. Items to consider are the traffic that will be generated on adjoining streets and the trees as a buffer. The trees would be removed no matter what business is put in there, but he suggested possibly a variance could be given from the 20-foot green space along Hanson Boulevard to move the entire project forward so more of the trees could be saved and more trees and shrubbery could be planted as a buffer. Another suggestion would be that the frontage road not go to the north until that lot is developed in the future, which would help alleviate a traffic problem. Councilmember Knight was also concerned with the trees, suggesting fairly mature plantings be put in so the vegetative fence will be as high as it can be as quickly as possible. Mr. Erickson stated they can recommend that larger trees be planted. Staff will look at the effects of moving the project forward 10 feet with a variance to the 20-foot green space area. Mayor McKelvey stated the residents are concerned with the increased traffic that will be on 138th cutting through the Hills of Bunker Lake development to avoid the intersection at Hanson and Bunker Lake Boulevards. Residents have already indicated they will ask to have 138th made into a cul-de-sac to avoid that traffic problem. When a resident asked who would make the decision about a cul-de-sac, Mr. Carlberg indicated it would be a Council decision. No further Council action is required, however, on the site plan for the project, though the developer is required to meet the ordinances. Concern was expressed by some residents on the standards that would be followed since the Special Use Permit was issued in 1988 and requirements have changed since then. Another concern was on the potential for an explosion which could affect a one-block radius. Staff explained all current State and Federal regulations must be met. Also, the Fire Marshal requires that all fire codes be met. The City can talk to them about exceeding the requirements and look at skimmers, but they have to meet today's minimum State and Federal standards. A resident stated circumstances have changed since 1988, as it wasn't developed around there at that time. Since meeting with the developers in August, two homes have gone up for sale because of the concern with diminishing property values caused by this project. He also felt the DNR should be involved, as there are fox and deer back there; and this will impact the environment negatively. He was concerned with taking down the natural barrier of trees. Another resident was frustrated with the number of gas stations in the City, preferring instead to see family restaurants. Still another resident noted a Star Tribune reference to Andover as the "Edina of the North" and pointed out the City's progress in cleaning up the junkyard sites, yet it is absurd to develop gas stations on every corner. The Minutes of the 1988 meeting noted it clearly was the intent to develop the project within one year. That was not done, and in the mean time the area has developed with expensive homes. The feeling was that given the change in the development of the land that the Special Use Permit should be reconsidered. This area has -~- . - - ~-~~ - - - Regular Andover City council Meeting Minutes - November 6, 1996 Page 6 (Drainage Plan/Rademacher--Bill's Superette--Hanson Blvd, Continued) the highest residential tax base in Andover, but people feel this project would lower their property values. There was also concern with increased high-speed traffic, as there are many small children there. Mike Mulrooney felt the City should be run more like a private corporation, where the City Council is the Board of Directors and the residents are the shareholders. The goal would be to enhance the shareholders' values. He stated in most other cities, the Council or Planning Commission places significant rules on the site development of any proj ect . Here general standards are set; and if those standards are met, the City doesn't have any more impact on what the development does. He didn't think it was good planning to have a third gas station within one block of the other two, though he understood the market reasoning for them. He also understood the limitations on economic development in the City because of the lack of a major highway and limited county roads. However, he felt it is important to attract businesses that will enhance the tax base of the residential developments and not devalue them. Three homes went up for sale within the last 30 days because of the mere threat of this project. The residents moving into the development had no way of envisioning that there would be three gas stations in that area. He hoped that solutions could be agreed to with the developer. It is ironic that the next item on the agenda is a Tree Preservation Policy, yet the trees that they count on will be removed for another gas station and the replaced ones will not grow to the existing height in his life time. He felt the community needs to be forward thinking rather than developing in a haphazard way. He felt the item should be tabled until the issues of concern on traffic, ponding and tree removal can be addressed to the satisfaction of all. No action was required of the Council. Staff indicated they will review the items raised tonight with the developer. Mayor McKelvey stated he is also working with the developer on other alternatives. ASSESSMENT HEARING: IP93-30/BUNKER LAKE BOULEVARD SERVICE ROAD 8 :40 p.m. Rick Odland, TKDA, reviewed the scope of the project, noting the $949,242.01 being assessed is higher than projected in the feasibility report. In discussing the reasons for the overage, Mr. Odland and Mr. Erickson explained the engineering costs were about $55,000 higher because the feasibility did not anticipate the need for an additional project to accommodate the needs of Murphy Oil, nor their need to write easement descriptions and examine exhibits. Normally feasibility reports are based on a typical development project, and this was more extensive. Easement acquisition costs were about $122,000 more, plus there was $24,000 in construction interest on the project. Actual construction costs were about $42,000 more than the feasibility estimate, part of it resulting from the installation of a retaining wall for a property owner in order to maximize potential parking spaces. Also, most of the boulevards were sodded instead of seeded. Mr. Erickson noted the property owners are being assessed 25 percent of the street costs and about 50 percent of the cost of utilities. The City's share is over 50 percent of the total project costs. - - ~- - ~ -.- ...- - >- Regular Andover City Council Meeting Minutes - November 6, 1996 Page 7 (Public Hearing: IP93-30/Bunker Lake Boulevard Service Road, Continued) Ed Prater stated they are actually being assessed close to 50 percent of the project. He asked why didn't the City negotiate rather than litigate and pay them an amount, then turn around and assess them for it. By law the assessment cannot be more than the increased value in the property, and he felt his one parcel did not increase in value the $30,000 being assessed. MOTION by Kunza, Seconded by Dehn, to open the public hearing. Motion carried unanimously. 9:25 p.m. Llovd Hanson representinq Kottkes' Bus Company - stated the proposed assessment in total for their seven pieces of property is approximately 25 percent higher than the original proposed assessment. That is a great deal of money, and he was concerned with that because it creates a financial hardship on Kottke's. With the assessments and interest and real estate taxes, no profit will be made for five years. Mr. Erickson noted the letter send to the property owners was in error, in that the assessments will be spread over a ten-year period, not five years, at 6 percent interest. Ken Rittmueller. District Manaqer. Murphv Oil - stated the assessment is about $12,000 more than originally proposed. It is not right. Ed Prater - stated his property is not worth $70,000. Unless something changes, he is prepared to take this to court. MOTION by Kunza, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 9:30 p.m. Because the Council had a concern with the large increase in the project cost over the original estimates, because there was concern about whether the amounts being assessed meet the legal test of not being more than the increases in the value of the properties, and because properties would have to be reappraised if the assessments are appealed, it was suggested the item be tabled and several of the properties reappraised to find out the values after the project. After that information is received, the Council can decide whether to adopt the assessment roll as presented or to modify it. All of the property owners affected by the project that were present generally agreed to the suggestion, as it was hoped there could be some agreement on the assessments without having to incur additional costs for court appeals. The only exception was Mr. Rittmueller, who noted he would have to defer to the opinions of their legal counsel on Staff. It looks like they would move forward with an appeal. Their assessment is set for 1997; whereas all of the other assessments are payable 1998. MOTION by Knight, Seconded by Dehn, to authorize Staff to meet with landowners to negotiate an agreement for an assessment amount and bring the figures back to the Council; and if they can't agree, the City would get appraisals on those parcels. DISCUSSION: Attorney Hawkins noted if Regular Andover City Council Meeting Minutes - November 6, 1996 Page 8 (Public Hearing: IP93-30/Bunker Lake Boulevard Service Road, Continued) the assessment for Murphy oil was to be moved to 1998 instead of 1997, the City would lose about $3,000 in interest for the year. The consensus of the Council was to assess Murphy Oil in 1998 in an attempt to reach a settlement without having to incur court costs. Motion carried unanimously. 9:57 p.m. ASSESSMENT HEARING: IP96-23/KOTTKES' BUS/WATERMAIN MOTION by Knight, Seconded by Dehn, to open the public hearing. Motion carried unanimously. 9:57 p.m. Lloyd Hanson. Kottke's Bus Company - stated they are in favor of the proposed assessment and asked when can they pay it off. Mayor MCKelvey stated it can be paid within 30 days without incurring interest. MOTION by Dehn, Seconded by Knight, to close the public hearing. Motion carried unanimously. 10:00 p.m. MOTION by Knight, Seconded by Jacobson, the Resolution (See Resolution R254-96 adopting the assessment roll for watermain, Project 96-23, Kottkes' Bus Service, 13625 Jay Street NW) . Motion carried unanimously. 10:01 p.m. ASSESSMENT HEARING: IP96-14/14210 CROSSTOWN BOULEVARD/SANITARY SEWER AND WATERMAIN MOTION by Knight, Seconded by Dehn, to open the public hearing. Motion carried unanimously. 10:01 p.m. There was no public testimony. MOTION by Knight, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 10:01 p.m. MOTION by Knight, Seconded by Dehn, the Resolution as presented. (See Resolution R255-96 adopting the assessment roll for sanitary sewer and watermain, Project 96-14, 14210 Crosstown Boulevard NW) Motion carried unanimously. 10:02 p.m. SPECIAL USE PERMIT AND LEASE AGREEMENT/ANTENNA TOWER/APT, INC. MOTION by Jacobson, Seconded by Knight, the Resolution, with the understanding that in granting the Special Use Permit, it is nonexclusive--it does not preclude other similar firms from using the same site for similar purposes. (See Resolution R256-96) Motion carried unanimously. REZONING/TIMBER OAKS ESTATES/WOODLAND DEVELOPMENT CORPORATION MOTION by Knight, Seconded by Kunza, to approve the ordinance amendment as proposed (rezone Exhibit A, Timber Oaks Estates area, from R-l, Regular Andover City Council Meeting Minutes - November 6, 1996 Page 9 (Rezoning/Timber Oaks Estates/Woodland Development, Continued) Single Family Rural, to R-4, Single Family Urban}. DISCUSSION: Councilmember Jacobson wondered with the large development taking place just east of this property and some of the problems, including traffic, that will be generated as a result, would it be better to rezone it later in the development time frame, closer to the year 2000. He was not opposed to the rezoning but questioned the timing. Mayor McKelvey pointed out in meeting with the developers, a schedule was agreed to as to which years within the 1995 to 2000 time frame the specific parcels would be developed. This parcel was scheduled to develop in 1997. Councilmember Knight did not have a problem rezoning this piece, but he felt in the meeting with the County Commissioners that this particular area must be given priority consideration and some provision made in the county's plans to upgrade it within the next four to five years. Motion carried unanimously. APPROVE PRELIMINARY PLAT/TIMBER OAKS ESTATES/WOODLAND DEVELOPMENT CORPORATION Mr. Erickson reviewed the proposed development of 26 single family lots of Timber Oaks Estates. It is located in the MUSA and several variances are being requested. The Andover Review Committee is recommending an 8- foot wide concrete sidewalk be installed on the south side of 139th Lane between prairie Road and Palm Street in the Hills of Bunker Lake 5th Addition. The developer would install that portion within the plat., but funding would be needed for that small portion within the Hills of Bunker Lake 5th Addition. A bituminous trail is being requested from 139th Lane south along Prairie Road to connect with a proposed trail along Bunker Lake Boulevard. It is anticipated that all of the foot traffic generated from the Hills of Bunker Lake 5th and this development would migrate to the trail system. Mr. Erickson also noted that a small low area in the northern portion of the plat has been determined, and the developer is looking to design the plat to get positive drainage so it doesn't affect existing homes to the north. He suggested the plat be approved contingent on that drainage issue being resolved. Mayor McKelvey questioned the need for a sidewalk along 139th Lane. Byron Westlund, Woodland Development, stated the Planning Commission recommended the sidewalk be placed on the south side of 139th because a resident in Hills of Bunker Lake 5th did not want it along his property. Kevin Hondl. 13963 Palm Street NW - stated there is a wetland and outlot on the south side, which would be a better place for the sidewalk. He did not want it on his property, which would be the only sidewalk in the Hills of Bunker Lake 5th, because of the traffic right against the side of his house. He thought the sidewalk would be nice. He also noted there will be a lot more speeding traffic through the neighborhood, stating there is a problem now. He talked about having 139th Lane be a cul-de-sac either going into the Hills of Bunker Lake 5th or the other way around. --.- . Regular Andover City Council Meeting Minutes - November 6, 1996 Page 10 {Preliminary Plat/Timber Oaks Estates/Woodland Development, Continued} Jeff Jackson. immediately north of Mr. Hondl - stated no one stops for the stop sign at 139th and Quincy now. He felt when 139th is put through to prairie Road, it will become a raceway. Mr. Carlberg stated the Planning Commission did not want to see 139th lane be a cul-de-sac. The Council generally agreed, noting the intent was always to make it a through street. Mr. Westlund stated they had no objection to the sidewalks on their property. He did not know about the property to the west. There may be a wetland issue. Mr. Erickson stated the Planning Commission preferred the sidewalk on the south side if it will fit. He thought it would fit in the boulevard on the south side. Councilmember Jacobson stated he would suggest the sidewalk be on the south side of 139th Lane. He stated the water retention site to the south also goes into the Hills of Bunker Lake 5th. Has an agreement been reached with the owner to increase the water flow to that area? He also asked about the placement of the home shown on the plat. Mr. Westlund stated it is a mitigation pond, not a retention pond. There is a misprint on the preliminary plat, as the existing house will remain on the existing lot. Councilmember Jacobson expressed great concern over the grading plan and the removal of so many trees. He stated at the sketch plan stage, specific direction was given to save as many trees as possible, but the grading plans shows virtually all trees will be removed, including the buffers to the north and west. Mr. Westlund responded that they have designed the grading plan to correct a problem of three houses to the west where the water currently drains to their basements. The only way to meet the grade with the sloping requirements is to take out the trees. He has fought the Staff to save trees, but they haven't been saved. Now they not only follow the ordinance but are being asked to fix other problems. With the drainage, wetlands, sidewalk and sloping requirements, the City can't complain that the trees are being taken out. They have to remove the trees to meet the requirements that the city has placed on them. Councilmember Jacobson thought then the ordinance needs to be changed. Mr. Hondl - stated the lot prices in the Hills of Bunker Lake 1st were move expensive because of the mature trees. Cut down the trees and the property values are lowered. He appealed to the Council and developer to consider grading to save as many trees as possible, as he does not want to look directly at a house to his rear. When he purchased his lot, he envisioned a lot with more separation between the houses, and he did not want to see his property value reduced because the trees are removed. Mr. Erickson stated the process of custom grading exists and is available to the developers. That can be reviewed for this plat. The interpretation in the past was that the entire lOO-foot pad had to be clear cut. That is not so as long as the buildable soils are there. The issues of drainage, etc., still have to be considered in the grading plan. Regular Andover City Council Meeting Minutes - November 6, 1996 Page 11 (Preliminary Plat/Timber Oaks Estates/Woodland Development, Continued) Mr. Hondl - stated there is a storm sewer in place behind their lots. Can that be utilized to save more trees in this plat? Mr. Johnson - noted there is still a serious drainage problem back there. Mr. Westlund stated part of the problem is the basement elevations on those lots. Mr. Erickson stated that system can't handle any more water. Councilmember Jacobson wanted to be sure there is enough right of way for the trail along Prairie Road plus any future road improvement such as widening the intersection. Mr. Erickson stated that was addressed with the Shadowbrook plat to the east. That can be reviewed again to be sure there is enough to expand the intersection. A woman living north along 140th Lane stated they are the ones with the drainage problem. She doesn't want it to get worse. If it is a difference between the trees and drainage in their back yard, they want to correct the drainage because it will be better for their property. MOTION by Dehn, Seconded by Knight, to approve the Resolutions presented this evening with Item 6, "Contingent upon Rezoning of the property", deleted and in its place add "Subject to custom grading as we discussed tonight. " Add Item 7, "Contingent on the resolution of the drainage issue to the north." (See Resolution R257-96) Motion carried on a 4-Yes. I-No (Jacobson as it is a protest vote against the removal of all of the trees) vote. SPECIAL USE PERMIT/AREA ID SIGN/TIMBER OAKS ESTATES MOTION by Knight, Seconded by Dehn, approve of Item 18 (See Resolution R258-96 granting the Special Use Permit request of Woodland Development Company to allow for the installation of an area identification sign at 13948 prairie Road NW). Motion carried unanimously. TREE PRESERVATION POLICY Council noted several requests of developers to table the item until they have had an opportunity to discuss it. MOTION by Dehn, Seconded by Jacobson, to table this until the developers have taken a look at it as there are several requests to do so. Motion carried unanimously. PUBLIC HEARING: DELINQUENT UTILITIES MOTION by Knight, Seconded by Dehn, to open the public hearing. Motion carried unanimously. 10:55 p.m. There was no public testimony. MOTION by Jacobson, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 10:55 p.m. Regular Andover City Council Meeting Minutes - November 6, 1996 Page 12 (Public Hearing: Delinquent Utilities, Continued) MOTION by Dehn, Seconded by Kunza, to adopt the Resolution presented this evening, with the updated list of 11-6-96 (See Resolution R259-96) Motion carried unanimously. MODIFY ASSESSMENT POLICY GUIDELINES/AGRICULTURAL PROPERTIES Councilmember Knight stated a number of cities are looking at a policy to modify assessments for active agricultural properties. He would advocate the policy be modified with a sunset date for the deferred assessment or a policy similar to that which was adopted by the City of Lake Elmo. Councilmember Jacobson stated the Ham Lake policy defers the assessments but does not forgive them. The policy for Lake Elmo results in a higher unit cost for everybody, which makes the project prohibitive. He doesn't disagree with the philosophy of protecting agricultural land, but the issue is who pays for that cost if the assessment is forgiven. Councilmember Dehn argued if the City wants to preserve open spaces, it must protect the working farms. Ken Orttel - recalled an active farm along Hanson Boulevard when that road was developed. The policy at that time was to defer the assessment on an amortized scale until it was dropped at the end of 15 years if the property was not developed. He thought that policy still exists. The question may be what is active agriculture. Possibly farming must be the principal occupation to avoid deferring assessments on 10-acre hobby farms, for instance. Several Councilmembers indicated it would be property that would meet Green Acres requirements, though there may be an argument for preserving the open spaces of those larger parcels that are not being actively farmed as well. Staff stated the 15-year deferment is no longer in the MSA policy. Further discussion pointed out there are only a couple active farms in the City that could be impacted. MOTION by Dehn, Seconded by Knight, to direct Staff to incorporate the solution No. 2 as part of the Resolution to be presented to the City Council with the statement of 15 years without interest, subordinate to all present and future encumbrances of financing associated with the property. Define active farm as Green Acres or more and include some open spaces without active farming. Also incorporate something in regard to deferment of storm sewers for active farms. Motion carried unanimously. The Council recessed at this time to hold an EDA meeting, 11: 21; reconvened at 11:50 p.m. SPECIAL USE PERMIT/REAL ESTATE SIGN/MEADOWLARK HEIGHTS/1ST NATIONAL BANK, ST. CROIX FALLS Councilmember Jacobson felt the sign was simply advertising for the bank, as it had no information about the lots. It does not meet the definition of a real estate sign. Regular Andover City Council Meeting Minutes - November 6, 1996 Page 13 (Special Use Permit/Real Estate Sign/Meadowlark Heights/1st National Bank, st. Croix Falls, Continued) MOTION by Jacobson, Seconded by Dehn, to deny the Special Use Permit for 1st National Bank of St. Croix Falls for the Meadowlark Heights subdivision for a "real estate" sign. DISCUSSION: Mr. Carlberg stated 1st National Bank is not selling lots, but they could alter the sign to say lots for sale and that financing is available. He suggested the item be tabled to discuss this with the applicant rather than denying the Permit, which would require them to apply again. Councilmember Jacobson CHANGED the motion to: table this for the reason mentioned. Second Stands. Motion carried unanimously. AMEND ORDINANCE NO. 40/LOT SPLIT ORDINANCE MOTION by Jacobson, Seconded by Knight, to move on this item per the first draft in their agenda material. DISCUSSION: Mr. Carlberg explained the amendment allows commercial lots to be split under the same conditions as residential lot splits. The intent was to provide more flexibility in commercial development. As proposed, the lot split could not be done any more than once in any three-year period, which may affect the development of the City's Commercial Park. Motion carried unanimously. GIS JOINT POWERS AGREEMENT Councilmember Kunza asked if Coon Rapids or other neighboring cities were asked to participate. Mr. Fursman stated yes, however, Coon Rapids is more advanced than the three communities in the project and declined to participate. Also, he did not think it would be feasible to have more than three cities because of the amount of time the person needs to spend with each city. MOTION by Knight, Seconded by Dehn, to approve Item #43, the GIS Joint Powers Agreement. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Dehn, the payment of claims. Motion carried unanimously. MAYOR/COUNCIL INPUT Representative on Quad Cities Cable Commission - Councilmember Jacobson stated he was appointed the City's representative on the Quad Cities Cable Commission. There is no criteria that it be a Councilmember. As he will be leaving the Council at the end of the year, he noted the Council may appoint another person or let him continue in that capacity. Regular Andover City Council Meeting Minutes - November 6, 1996 Page 14 (Mayor/Council Input, Continued) He is willing to continue serving. The other Councilmembers asked that he continue to be one of the City's representative on that Commission. (At this time the Council reopened the EDA meeting, 12:06; reconvened the Council meeting at 12:07 p.m.) Rademacher project on Hanson Boulevard - Mr. Fursman stated at this point there is no intent to bring the proposed project back to the Council for further discussion. No Council action is required on it. The requirements have been satisfied by the developer, and Staff will be looking at a skimmer. Councilmember Jacobson again suggested encroaching into the green space area to make more room in the back for trees. If that is possible, that item would be brought back for Council approval. There was a brief discussion on how to control the issue of so many gas stations within short distances of each other. Attorney Hawkins stated the only thing to do would be to change the permitted uses in the Zoning Ordinance as was done with the junkyards. No further action or direction was given. MOTION by Knight, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting was adjourned at 12:12 a.m. Respectfully submitted, '\\\CL~~ ~=-?J- ~rcella A. Peach Recording Secretary