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Home My WebLink AboutCC August 5, 1997 'I , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - August 5, 1997 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discu~sion Items I. Presbyterian Homes/ Adolfson & PetersonlFinancing Discussion presbyterian 2. Discuss Stop SignsNukon Street NW & 140th Avenue NW stopsign 3. Approve Final PlatlHamilton Square fphamsq 4. Approve Plans & Specs/97 -8/Chesterton Commons appr978 5. Approve Plans & Specs/97-9/Chesterton CommonslHamilton Square/ appr979 Trunk SS & WM Extension 6. Timber River Estates Park Discussion timber 7. Zoning Ordinance Revision Process Discussion zoning 8. DNR Response to Slow-No Wake Ordinance dnr 9. Discuss Platting Ordinance No. 10/Utility Easements & Extensions platting 10. Draft 1998 NMMA Workplan nmma EDA Meeting II. Authorize Execution & Delivery of Ground Lease ground 12. Award Sale/Public Works Building sale 13. Discuss Lot Sale/Commercial Park lotsale Non-Discussion/Consent 1Iems 14. Approve Kennel License Renewal11654I Valley Dr. kennel 15. Acknowledge Probationary PeriodlB. Wells wells 16. Authorize Execution & Delivery of Ground LeaselPublic Works Building delivery 17. Lot SplitlVariancel14572 Dakota Street NW/Schromoff schromolT 18. Variance/3467 - 142nd Lane NW/WiIliams williams 19. Accept Withdrawal/Special Use Permit Applications/Junker/Cardinal sup 20. Approve HiringlPublic Works Employee hiring 21. Release Letter ofCreditIFox Woods/94-9 release 22. Approve Change Order #IÆxtension of Time/96-26/S Y, ofSW y. of Section 22 co19626 (Woodland Estates)/Trunk Sewer & Water 23. Approve Change Order # IlProvide Additional Stump & Debris Removal/ co19433c Commercial Boulevard NW Ext./94-33C 24. Approve Change Order #2/Extension of Time/96-30/Cherrywood Estates co29630 25. Approve Purchase of Lot 14, Block 10, Woodland Estates/97-12/Well #7 appr9712 26. Approve Resolution/ Accept Streets & Storm SewerlMeadowlark Heights acptmead 27. Award Bid/95-12/Well #6 bid9512 28. Approve Purchase of Survey Level level 29. Accept Easement/Bill's Superette (Hanson Blvd) bilI's 30. Order Plans & Specs/97-27Sunshine Park Bituminous Bikeway Trail ord9727 31. Approve Plans & Specs/97-27/Sunshine Park Bituminous Bikeway Trail appr9727 .. -- ," -,~. - .. .1 Page 2 Regular City Council Meeting - August 5, 1997 32. Authorize Metropolitan Council Planning Assistance Grant grant 33. Adopt Ordinance 227IRegulating the Sale of Tobacco Products tobacco 34. Approve Ordinance 232IRegulatng Outdoor Parties outdoor 3S. Adopt Ordinance 23SIIntoxicating Liquor liquor 36. Approve Plans & Specs/97-2SNarious Park Fencing appr9725 37, Approve Final Platllndian Meadows Sth Addition fpinmdw5 38. Approve Quotes/97-23/Pavement Markings appr9723 39. Approve Ordinance/Street Name ChangelHunter's Hollow apprchng 40. Approve Resolution/Grant Agreement with State/Contaminated Soil-Auto Salvage Yards state 41. Approve Quote/Groundwater Investigation/94-33/Commercial Blvd. NW Ex!. appr9433 Mayor/Council Input Payment of Claims Adjournment '.. "... " -- .~._-_._- .- .... ....~._, .. -_.._~ ~_.. .-. I I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 5, 1997 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · I CONSENT AGENDA Approve kennel license renewal/15641 Valley Drive & 208 166th 1 Acknowledge probationary period/B. Wells · · · · · · · · 1 Resolution R172-97 authorizing execution & delivery of ground lease/Public Works Building · · · · · · · · 1 Resolution R173-97 approving lot split/variance/14572 Dakota Street/Schromoff · · · · · · · · · · · 1 Resolution R174-97 approving variance/3467 142nd Lane/Williams 1 Accept withdrawal/Special use Permit Applications/Junker/ Cardinal · · · · · · · · · · · · · · · · · 1 Approve hiring/Public Works employee (Sannerud) · · · 1 Release Letter of Credit/Fox Woods/IP94-9 · · · · · · · 1 Resolution R175-97 approving Change Order #l/Extension of Time/ IP96-26/Woodland Estates/Trunk Sewer and Water · · · · 1 Resolution R176-97 approving Change Order #l/provide additional stump & debris removal/Commercial Blvd Ext/IP94-33C · · 1 Resolution R177-97 approving Change Order #2/Extension of Time/ IP96-30/Cherrywood Estates · · · · · · · 1 Approve purchase of Lot 14, Block 10, Woodland Estates/ IP97-12/Well #7 · · · · · · · · · · · · · · · 1 Resolution R178-97 accepting streets & storm sewer/Meadowlark Heights . . · · · · · · · · · · · · · · · · 2 Resolution R179-97 awarding bid/IP95-12/Well #6 · · · · · 2 Approve purchase of survey level · · · · · · · · · 2 Accept easement/Bill's Superette · · · · · · · · · 2 Resolution R180-97 ordering plans & specs/IP97-27/Sunshine Park bituminous bikeway trail · · · · · · · 2 Resolution R181-97 approving plans & specs/IP97-27 · · · 2 Resolution R182-97 authorizing Metropolitan Council Planning Assistance Grant · · · · · · · · · · · · 2 Adopt Ordinance 227/Regulating Sale of Tobacco Products · 2 Adopt Ordinance 232/Regulating Outdoor Parties · · · 2 Adopt Ordinance 235/Intoxicating Liquor · · · · 2 Resolution R183-97 approving plans & specs/IP97-25/Variance park fencing · · · · · · · · · · · · · · · · · 2 Resolution R184-97 approving final plat/Indian Meadows 5th 2 Approve quotes/IP97-23/Pavement markings · · · · · · · · 2 Approve Ordinance/Street name change/Hunter's Hollow · · · 2 Resolution R185-97 approving grant agreement with State/ Contaminated/soil - Auto salvage yards · · · · · · 2 Approve quote for groundwater investigation/IP94-33 . . . 2 Resolution R186-97 approving extension of preliminary plat/ Shadowbrook . · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · 2 PRESBYTERIAN HOMES/ADOLFSON & PETERSON/FINANCING DISCUSSION · 3 Resolution R187-97 calling for a public hearing for issuance of revenue bonds/finance an elderly housing development . 4 Resolution R188-97 calling for a public hearing to modify Tax Increment Financing District No. 1 · · · · · · . 5 DISCUSS STOP SIGNS/YUKON STREET NW & 140TH AVENUE NW Motion to remove the north/southbound St0p signs on Yukon · 5 - -- - r-·--- --.._~.~-, .... -. ,.. ~. , II I Regular Andover City Council Meeting Minutes - August 5, 1997 Table of Contents Page ii FINAL PLAT/HAMILTON SQUARE . · . · · · · · · · · · · 5 Resolution R198-97 approving the final plat · · · · · · · · 6 FINAL PLANS & SPECS/IP97-8/CHESTERTON COMMONS Resolution R190-97 approving final plans & specs/IP97-8 · · 6 PLANS & SPECS/IP97-9/CHESTERTON COMMONS/HAMILTON SQUARE/TRUNK SANITARY SEWER AND WATERMAIN EXTENSION Resolution R191-97 approving the plans & specs · · · · · · 6 ZONING ORDINANCE REVISION PROCESS DISCUSSION · · · · · · 6 DNR RESPONSE TO SLOW-NO WAKE ORDINANCE · · · · · · · · · 7 TIMBER RIVER ESTATES PARK DISCUSSION · · · · · · · · · · 8 DISCUSS PLATTING ORDINANCE NO. 10/UTILITY EASEMENTS AND EXTENSIONS 9 DRAFT 1998 NORTH METRO MAYORS' ASSOCIATION WORKPLAN . · · · 10 MAYOR/COUNCIL INPUT Sewer dump station · · · · · · · · · · · · 10 North Metro Mayors' Association meeting 11 APPROVAL OF CLAIMS . · . · . · · · · 11 ADJOURNMENT . . . . · · · · · · · · · · · 11 -. <-- ---.._._.~_..... --,... ~, Off II ~ t:2t jl-V<::,¿t. ~ /~¡qC¡1 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - AUGUST 5, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, August 5, 1997, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Kunza, Orttel Councilmembers absent: Dehn, Knight Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Delete Item 13, Discuss Lot Sale/Commercial Park. Add Item 42, Approve Extension of Preliminary Plat/Shadowbrook. Mayor McKelvey asked for a motion to approve the Agenda as amended. MOTION by Kunza, Seconded by Orttel, to so move. Motion carried on a 3- Yes, 2-Absent (Dehn, Knight) vote. CONSENT AGENDA Item 14 Approve Kennel License Renewal/16541 Valley Drive & 208 166th Avenue NW Item 15 Acknowledge Probationary Period/B. Wells Item 16 Authorize Execution & Delivery of Ground Lease/Public Works Building (See Resolution R172-97) Item 17 Lot Split/Variance/14572 Dakota Street NW/Schromoff (See Resolution R173-97) Item 18 Variance/3467 142nd Lane NW/Williams (See Resolution R174-97) Item 19 Accept Withdrawal/Special Use Permit Applications/ Junker/Cardinal Item 20 Approve Hiring/Public Works Employee (Sannerud) Item 21 Release Letter of Credit/Fox Woods/IP94-9 Item 22 Approve Change Order #l/Extension of Time/IP96-26/S ~ or SW ~ of Section 22 (Woodland Estates)/Trunk Sewer and Water (See Resolution R175-97) Item 23 Approve Change Order #l/provide Additional Stump & Debris Removal/Commercial Boulevard NW Extension/IP94- 33C (See Resolution R176-97) Item 24 Approve Change Order #2/Extension of Time/IP96- 30/Cherrywood Estates (See Resolution RI77-97) Item 25 Approve Purchase of Lot 14, BloCK 10, Woodland Estates/IP97-12/Well #7 --. . - I: Regular Andover City Council Meeting Minutes - August 5, 1997 Page 2 (Consent Agenda, Con tinued) Item 26 Approve Resolution/Accept Streets and Storm Sewer/Meadowlark Heights (See Resolution R178-97) Item 27 Award Bid/IP95-12/Well #6 (See Resolution R179-97) Item 28 Approve Purchase of Survey Level Item 29 Accept Easement/Bill's Superette (Hanson Boulevard) Item 30 Order Plans & Specs/IP97-27/Sunshine Park Bituminous Bikeway Trail (See Resolution R180-97) Item 31 Approve Plans & Specs/IP97-27/Sunshine Park Bituminous Bikeway Trail (See Resolution R181-97) Item 32 Authorize Metropolitan Council Planning Assistance Grant (See Resolution R182-97) Item 33 Adopt Ordinance 227/Regulating the Sale of Tobacco Products Item 34 Adopt Ordinance 232/Regulating Outdoor Parties Item 35 Adopt Ordinance 235/Intoxicating Liquor Item 36 Approve Plans & Specs/IP97-25/Various Park Fencing (See Resolution R183-97) Item 37 Approve Final Plat/Indian Meadows 5th Addition (See Resolution R184-97) Item 38 Approve Quotes/IP97-23/Pavement Markings Item 39 Approve Ordinance/Street Name Change/Hunter's Hollow Item 40 Approve Resolution/Grant Agreement with State/Contaminated Soil - Auto Salvage Yards (See Resolution R185-97) Item 41 Approve Quote/Groundwater Investigation/IP94- 33/Commercial Boulevard NW Extension Item 42 Approve Extension of Preliminary Plat/Shadowbrook (See Resolution R186-97) MOTION by Kunza, Seconded by Orttel, to approve the Consent Agenda. Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. APPROVAL OF MINUTES July 9, 1997, Special Meeting: Correct as written. July 15, 1997, Regular Meeting: Correct as written. July 16, 1997, Special Meeting: Correct as "./ritten. MOTION by Orttel, Seconded by Kunza, to approve the Minutes of July 9 and July 15 as written. Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. MOTION by Orttel, Seconded by McKelvey, to approve the Minutes of July 16 as written. Motion carried on a 2-Yes (McKelvey, Orttel) , 1-Present (Kunza) , 2-Absent (Dehn, Knight) vote. (The regular meeting was recessed to hold an EDA meeting, 7:10; reconvened at 7:25 p.m.) . .- --- -". "--.- t I Regular Andover City Council Meeting Minutes - August 5, 1997 Page 3 PRESBYTERIAN HOMES/ADOLFSON & PETERSON/FINANCING DISCUSSION Mr. Fursman asked the Council to consider several types of financing assistance to Presbyterian Homes and Adolfson & Peterson for the proposed senior center at the Round Barn site on Bunker Lake Boulevard. The developer have asked the City to issue 501(c)3 revenue bonds for the project. The revenue bonds would bear the name of the City of Andover, but there is no impact on the City; nor is the City liable for any of the debt. The reason for issuing those bonds would be to get a lower interest rate for their construction project. The cost savings would lower the operating cost to, in turn, provide lower rentals. Mary Ippel, bond consultant, explained how the laws affect charitable organization projects such as this and why the City must issue the bonds in order for them to be designated as tax exempt. Mr. Fursman stated the second issue is to use the tax increment financing mechanism known as "pay as you go" where all property taxes generated from the new buildings are refunded to the property owner for 15 years. The TIF savings would be passed 0n to the residents of the project in the form of lower rents of between $75 and $125 per unit. It would require a new district, which would be a housing district. Ms. Ippel explained Presbyterian Homes has undertaken a number of these types of projects with requests for tax increment financing assistance, so they are aware the TIF will be qualified as a housing district. She explained the qualifications that Presbyterian Homes must meet while renting their units in order to continue to qualify for TIF. Those qualifications will not be that difficult to meet because this is an elderly project, though this is not what is thought of as subsidized housing. Mr. Fursman stated they do not have the exact details of how much subsidy this would provide. Presbyterian Homes has estimated it could be about $200,000 per year. The 15-year limit is a request of Presbyterian Homes. There is no local government aid loss under this proposal. Ms. Ippel stated she would not limit the length of the TIF, but instead put the district in the TIF for the full duration up to 25 years. At the end of 15 years, the City could look at the existing law and then analyze the increment for other low-to-moderate housing in the larger development district. Mr. Fursman stated the third request is to waive park dedication fees in return for preserving the Round Barn for community use and providing and maintaining recreational pathways for use by the neighbors. Staff is not yet making a recommendation because it hasn't been determined what the Round Barn will be turned into, nor have they determined the park dedication value. Staff is recommending more research be done with the Park and Recreation Commission to determine how the Round Barn will be used and whether or not it has park implications and to get an evaluation of the value of the property to determine an amount for park -- '-'~-'-"'--' ..~. ¡ Regular Andover City Council Meeting Minutes - August 5, 1997 Page 4 (Presbyterian Homes/Adolfson & Peterson/Financing Discussion, Continued) dedication under the ordinance. Another consideration is that because the development will be a Planned Unit Development to get the increased density which includes open spaces and trails, those open spaces and trails could count toward park dedication. Councilmember Orttel stated park dedication is to provide for an increased use of the parks for potential residents. He didn't see that in this case. They are already providing open spaces and trails for public purposes. Also, the commercial area has already paid park dedication and shouldn't have to pay again. Mr. Carlberg pointed out Section 9.07.8 does give credit for nonresidential development. He wondered if senior housing could be incorporated into this to allow that type of credit. Councilmember Orttel stated he would like to see that investigated further. Mr. Fursman recommended no action be taken on this request, and Staff will continue to do further research. The Council agreed. Mr. Fursman noted the final financing request of Presbyterian Homes i¿ to receive credit for previously paid SAC and WAC fees for municipal sewer and water. Mr. Carlberg stated about $36,000 worth of assessments relating to trunk sanitary sewer, trunk watermain, lateral water and trunk connection charges have been assesseá to the property. Those assessments can be credited to the redevelopment of the property. Staff is comfortable with waiving the fees that have already been paid. They will come back at a later date with the final assessment figures. The Council agreed. John Mehrkens, Presbyterian Homes, stated they met with the neighborhood last week, and the response has been very favorable. Scott Weicht, Adolfson & Peterson, reviewed the changes between their original proposal and the current one based upon the requests and concerns of the neighborhood. Those changes include reducing the number of double units to four, having only visitor and some staff traffic off Marigold, lowering the northern wing of the congregate living building to two stories, increasing the number of assisted living units and decreasing the number of congregate living units, increasing the open space areas between the assisted and congregate living units and to the north of the congregate living building, and pulling back the entrance to the underground parking to the west. He also showed a rendering of the exterior appearance of the buildings which will retain the character of a farm setting. They are now moving into the design phase of the project and hope to break ground October 7 or 8, 1997. MOTION by Orttel, Seconded by Kunza, the Resolution calling for a public hearing on a proposal for a Housing Finance Program and the issuapce of revenue bonds to finance an elderly housing development (Presbyterian Homes of Andover Project) pursuant to Minnesota law and authorizing the publication of a notice of the hearing, as prepared. (See Resolution R187-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. -- -+ - -----.----- -- r'---~ - ---.._._.~_. ...--. ...' Regular Andover Ci ty Council Meeting Minutes - August 5, 1997 Page 5 (Presbyterian Homes/Adolfson & Peterson/Financing Discussion, Continued.: MOTION by Orttel, Seconded by Kunza, the Resolution calling a public hearing on the proposed adoption of the modification of the development program for Development District No. 1 and th~ proposed establishment of Tax Increment Financing District No. 1-3 therein and the proposed adoption of a Tax Increment Financing Plan therefor, as prepared. (See Resolution R188-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. DISCUSS STOP SIGNS/YUKON STREET NW &: 140TH AVENUE NW Mr. Erickson asked the Council to consider ordering the removal of the stop signs for the north/southbound traffic on Yukon Street NW at 140th Avenue NW. Now all three streets have stop signs, but the ones on Yukon Street do not meet warrants. According to the Anoka County Sheriff's Department, there have been no reported accidents at that intersection. Councilmember Orttel recalled they understood the signs did not meet warrants when they were installed, but there was a traffic problem there at that time. Possibly there no longer is a problem. Mayor McKelvey stated he received calls from residents asking that those stop signs be removed. MOTION by Kunza, Seconded by Orttel, to remove the stop signs as proposed (the north and southbound stop signs on Yukon Street NW at 140th Avenue NW). Motion carried on a 3-YeE, 2-Absent (Dehn, Knight) vote. APPROVE FINAL PLAT/HAMILTON SQUARE Mr. Carlberg reported that letter received from Gorden Jenson, Attorney for the Hamiltons, states they approve of the Resolution on the final plat of Hamilton Square with two exceptions. One exception is Item 8 dealing with park dedication. Because of the wide discrepancy between the City's and Hamilton's appraisers' valuations of the property, they want the ability to compare the two and to talk with the Park and Recreation Commission again about the park dedication. The other issue relates to Item 14 in the proposed Resolution. Staff is asking for a clarification regarding the ponding area on Lot 3, Block 1. During the preliminary plat discussion, the idea of an association to maintain the lot was raised by Staff, but no final decision was made by the Council. Brett Perry, attorney representing the Hamiltons, thanked the City Staff for the fast track of this project. Item 8, as written in the prepared Resolution, relates to the recommendation of the Park and Recreation Commission, which has already been done at the assessed valuation of $l million. By adopting the Resolution as writtpn, they are concerned that they would lose their ability to contest and discuss the pros and cons of both appraisals. As far as an owners association for the pond, he understands that the purchase agreement with the health clinic does not address the issue and the post office will not do it pursuant to their ~----- -. ..~.-. - "no), ,. Regular Andover City Council Meeting Minutes - August 5, 1997 Page 6 (Approval Final Plat/Hamilton Square, Con tinued) regulations. He understands that the Hamiltons will retain title to the lot, which will be required to be completely dedicated as drainage and utility easement. Mr. Carlberg explained the concern is that if the property goes tax forfeit, it would be the county's responsibility, and the City would have the ability to acquire it. Councilmember Orttel asked if the City is responsible for the maintenance since it will have an easement over the entire parcel. Mr. Erickson explained the City would maintain it for drainage and utility purposes but not to the level of adjacent properties, such as mowing it. Councilmember Orttel didn't see any difference between private ownership or an association, other than the potential of the City having to mow it at some point. Then the property owner would be assessed, unless it is tax forfeit; then it will become county property. Because the prepared Resolution is silent on the ownership of the pond, it will end up what it is now. He also felt there is a huge disparity between the appraisals on the property and agreed with the developers discussing the park dedication further with the Park and Recreation Commission. MOTION by Orttel, Seconded by Kunza, the Resolution approving the final plat of Hamilton Square as presented with the exception of Item No. 8, Park Dedication is to be resolved by negotiating between the parties by the August 19, 1997, City Council meeting. (See Resolution R189-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. APPROVE FINAL PLANS « SPECS/IP97-B/CHESTERTON COMMONS MOTION by Orttel, Seconded by Kunza, the Resolution approving final plans and specifications and ordering advertisement for bids for Project No. 97-8 in the area of Chesterton Commons for sanitary sewer, watermain, street and storm sewer construction, as prepared. (See Resolution R190-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. APPROVE PLANS ... SPECS/IP97-9/CHESTERTON COMMONS/HAMILTON SQUARE/TRUNK SANITARY SEWER AND WATERMAIN EXTENSION MOTION by Kunza, Seconded by Orttel, the Resolution approving the final plans and specifications and ordering advertisement for bids for Project No. 97-9 in the area of Section 23 (Chesterton Commons/Hamilton Square) for trunk sanitary sewer and watermain construction. (See Resolution Rl91-97) Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. ZONING ORDINANCE REVISION PROcESS DISCUSSION Mr. Carlberg asked the Council to consider establishing a citizen advisory committee to review and revise the ~ity's Zoning Ordinance. . .~ -- - -. --~_. ~. - .. - ' . - ~-_.-- [, ¡. Regular Andover City Council Meeting Minutes - August 5, 1997 Page 7 (Zoning Ordinance Revision Process Discussion, Con tinued) In discussing the proposal, the Council felt input from all areas is very important in the philosophical discussion, but experience and technical knowledge is necessary when actually writing the ordinance because a simple change in wording can change the effect of that provision. It was agreed that the advisory committee should consist of the Planning and Zoning Commission members plus two to three residents. Those meetings would be in addition to the regular monthly meetings and consideration should be given to expanding the per diem of the P & Z tc include these meetings. Mr. Carlberg stated he will advertise for three to five positions in addition to the Planning Commission. He will bring the applications to the Council for approval. DNR RESPONSE TO SLOW-NO WAKE ORDINANCE Mr. Carlberg reported the DNR has indicated they are not aware of any studies pertaining to erosion and boat speeds on the Rum River. They cannot assess the need for this ordinance but indicated this should be a citizen driven ordinance and the need determined by the City Council based on the opinion from residents. Staff has also learned that by State Statute, personal watercraft are restricted to slow-no-wake speeds in areas of the Rum River which are 200 feet wide or less and within 100 feet from any dock, swim raft, swimmer, non-motorized craft or any anchored craft at any time. He has found that the majority of it is between 150 to 175 feet wide along the City of Andover border. Councilmember Orttel noted the Sheriff's Department has only limited resources for patrolling the county's waterways, so there would be only minimal enforcement along the Rum River. Because of the width of the river, basically jet skis and other personal water craft are not allowed on the river. He wondered if the county would be willing to post that State Statute at its boat landing in Anoka. That should eliminate the noise and wake problems being created for those water crafts. He did question the speed limit or no wake policy, as it is not possible to operate a boat without a wake, and slow wake is subjective. Lyle Bradley has lived on the river for 42 years and has lost 38 feet of the river bank due to erosion, but mostly due to motor boats and jet skis. He stated they drastically need some type of low wake ordinance. He used a measuring device and determined that a large boat will take one inch of soil off the banks for each passage. The soil is extremely fragile and the wakes are perpendicular to the shore. Some large pontoon boats don't do nearly as much damage as the smaller craft. Three landowners around him have each put in $10,000 to stabilize the banks. It is costly. He is an avid water skier and fisherman, but on the small river there cannot be that type of activity. He felt a low wake restriction would be better than a speed limit. Some boats can go 10 mph and create more of a wake than one going 30 mph. Almost every jet ski creates a problem when it gets close to the shore. The problem would be solved if everyone would use common sense on the small river. Regular Andover City Council Meeting Minutes - August 5, 1997 Page 8 (DNR Response to Slow-No Wake Ordinance, Continued) Bruce ? ,Coon Rapids, grew up in the area and fishes the Rum River; it's a place to relax. He didn't know how to solve the problem with the jet skis, which are generally operated by the 16 to 25 year olds. Most of them are not aware of the problems being created and are just out there for a good time. When he launches at Anoka, it takes about 45 minutes to get to his fishing spot. With a no wake restriction, it could take up to 2 1/2 hours, which means he wouldn't be able to fish after work. The proposal would eliminate fishing completely. He suggested the very delicate areas be posted with no wake restrictions but leave the rest of the river as it is so they can still fish in it. Mr. Bradley stated most of the difficulty is on the weekends. Councilmember Orttel wondered if the restrictions could apply to only certain hours or days. Attorney Hawkins statp.d it could be written that way. Councilmember Kunza did not care for restrictions on weekends only. John Arndt showed photographs of several areas aong the Rum River to prove the river is changing on its own and that most of the erosion is occurring on the outside of the banks. Just putting no wake zones in the areas of erosion would be a compromise. There are 11 corners in the river between Cedar Creek and Highway 116. Mr. Bradley agreed there is a normal amount of erosion on each bend of the river, but motor boats exasperate it. Mr. Arndt stated that is where he disagrees with Mr. Bradley. He felt everyone has the right to use the river, and he asked that there be a compromise to solve the problem. Councilmember Orttel suggested a compromise would be to ask the county to post the state law regarding jet skis and other personal water craft, which basically covers the entire river because it is less than 200 feet wide. Also, post the areas around the 11 corners of the river as nc wake. The Council generally agreed. Mr. Carlberg stated he will discuss posting no wake restrictions around the bends of the river with the City of Ramsey and the DNR and also talk to the county about posting the boat access area in Anoka. He will bring the item back at the next Council meeting for an update. A gentleman who lives on the river asked about receiving notification of these meetings. He did not receive one on the public hearing, but he is on the mailing list for all the other things affecting the river. Mr. Carlberg stated they will look at what happened with the mailing list for that public hearing. TIMBER RIVER ESTATES PARK DISCUSSION Mr. Erickson stated Woodland Development has requested the requirement to install concrete curb and gutter around the new parking lot in the ~ -. --~_. . _. . - ----- "---_. .. "1 Regular Andover Ci ty Council Meeting Minutes - August 5, 1997 Page 9 (Timber River Estates Park Discussion, Continued) park of Timber River Estates be waived. The Staff's position is that concrete curb and gutter helps to control traffic so vehicles are not driving onto the green space areas or in the park. It also controls drainage, reduces the potential breaking of the parking lot edges and improves the aesthetics of the park. The Andover Review Committee's intent has always been that if a parking lot is paved, then concrete curb and gutter shall be a requirement. The Park and Recreation Commission, at their July 23, 1997, meeting recommended the curbing requirements be waived for this park because of its rural setting. He asked for direction from the Council. Mayor McKelvey stated that since the streets within the development are not required to have concrete curb and gutter, neither should the parking lot. Councilmember Orttel felt the developer is already doing a lot with the park; and in the future, these details should be know~ going into the project. He envisioned this as more of a passive park and would agree with waiving the concrete curb and gutter requirements, especially since the Park Commission doesn't want it. Byron Westlund, Woodland Development, stated the Park Board has asked that a soccer field be constructed rather than a ball field. Witb that change, he has also agreed to increase the size of the parking lot to 32 stalls and to construct some of the trails 10 feet wide with 4 inches of class 5 and 2 1/2 inches of bituminous because they no longer needed to install a backstop, fencing or ag lime. In discussing the parking lot with the Park Board, he has agreed to put a ditch around the parking lot so cars cannot drive onto the grass. councilmember Orttel suggested posts could also be installed. The consensus of the Council was to waive the concrete curb and gutter requirement around the parking lot of the park at Timber River Estates. DISCUSS PLATTING ORDINANCE NO. 10/UTILITY EASEMENTS AND EXTENSIONS Mr. Carlberg explained at the July 15 meeting the issue was raised regarding the City's ability to require the extension of utilities to adjacent properties and the possibility of a developer preventing their extension. Staff has reviewed Ordinance 10 for provisions to prevent a developer or landowner from holding adjacent landowners hostage from getting utilities. Two sections may apply' Section 13, Easements, requires the subdivider to furnish the City all easements prior to submission of a final plat. Section 9.04, A, requires easement for utilities be at least 20 feet wide and centered on rear and side lot lines. Staff also prepared a draft amendment to Ordinance 10, Section 13 for consideration to strengthen that provision. Winslow Holasek questioned the ability to center easements on rear and side yards in some instances. Mr. Carlberg stated that is language currently in the ordinance, though they can look at it again. - - -- -, --~_. -- _. . - '-'--'~ [ '~-' Regular Andover City Council Meeting Minutes - August 5, 1997 Page 10 (Discuss Ordinance 10/Utility Easements & Extensions, Continued) Mr. Holasek felt the wording of the draft amendment is incorrect, ó.S the easements are not dedicated at the time of the preliminary plat. Possibly in the first line the word "dedication" should be changed to "indication". Attorney Hawkins agreed that easements are not dedicated at the time of the preliminary plat. All dedicated easements will have to be brought in with the final plat. Staff was directed to schedule a public hearing for the draft amendment before the Planning and Zoning Commission. DRAFT 1998 NORTH METRO MAYORS' ASSOCIATION WORKPLAN Mr. Fursman explained the workplan highlights the policies and planning being done by the North Metro Mayors' Association. He felt the entire Council may want to review and discuss it. The newest element is the regional economic development and marketing plan. The idea is to hir~ someone who would represent all the communities for economic development. The budget has increased for Andover because of the increase in population and because the City was given an artificially low entry level fee at the beginning. Now Andover will be paying under the same method as all the other communities. Councilmember Orttel was concerned with being a member of an organization whose philosophy is opposed to that of Andover's. The other members are competing with Andover, not in companion with it. One of the big pushes from the organization was to join the Livable Communities Act. He opposed NMMA's social engineering viewpoints which are contrary to Andover's philosophy. Mayor McKelvey agreed there are some areas of conflict, but the organization has been very helpful to Andover in getting the Comprehensive Plan approved by the Metropolitan Council, in getting the City's sewer allocations approved, increased funding for transportation, and lobbied the State Legislature for the funding for the removal of the contaminated soils in Andover's commercial park. The Council agreed that the item should be discussed by the entire Council at a budget meeting. MAYOR/COUNCIL INPUT Sewer Dump Station - Mr. Erickson explained the dump station is down. He met with the septic haulers and talked about the problem and solutions. The City is trying to get it back on line, as the sewer line is plugged with debris. Staff is also looking at purchasing easement or a lot for an alternate site to the south. The property in question is now for sale. The Council encouraged Staff to proceed with the alternate location for the dump station. - --------. -. [ Regular Andover City Council Meeting Minutes - August 5, 1997 Page 11 (Mayor/Council Input, Continued) North Metro Mayors' Association Meeting - Mayor McKelvey announced the next meeting of the NMMA on Wednesday, August 20, 5 o'clock at the Hilton in Brooklyn Park. APPROVAL OF CLAIMS MOTION by Kunza, Seconded by Orttel, the payment of claims for $258,198.77. Motion carried on a 3-Yes, 2-Absent (Dehn, Knight) vote. MOTION by Kunza, Seconded by Orttel, to adjourn. Motion carried on a 3- Yes, 2-Absent (Dehn, Knight) vote. The meeting adjourned at 9:52 p.m. Respectfully submitted, \\~lA,-i; J< 7~-'~~ tJ- Maella A. Peach Recording Secretary ---- -_. -.~'-' -' . - ----