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HomeMy WebLinkAboutCC July 15, 1997 l CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304· (612) 755-5100 Regular City Council Meeting - July 15, 1997 agenda Ribbon Cutting Ceremony/Commercial Boulevard - 6:30 pm Call to order - 7:00 pm Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion ltems I. Sheriff's Report sheriff 2. Approve Downtown Center Refunding Bonds downtown 3. Public Hearing/Vacation ofEasement/14133 Quince StreetNW quince 4. Lot SplitlVariance/16030 Makah Street NW/Stanton stanton S. Rezoning/I 40th Lane & Prairie Road rezone 6. Approve Ordinance 109 Amendment/Snowmobiling ord109 7. Discuss Supplemental Feasibility Report/97-9/Chesterton CommonslHamilton Square Trunk disc979 8. Discuss Supplemental Feasibility Report/97-8/Chesterton Commons disc978 9. Forfeit Properties/Smith's Green Acres forfeit 10. Schedule Special City Council Meeting/Evaluate & Approve Public Works Expansion Bids/96-IS mtg9615 Staff. Committees. Commissions II. Storm Update/97-32 storm 12. Acknowledge Sign @ Future Fire Station sign 13. Mission Statement & Workshop Scheduling mission Non-Discussion/Consent ltems 14. Approve Agreement for Residential Recycling Program recycle IS. Lot SplitlVariancell43S2 Crosstown BoulevardlZerk zerk 16. Variance/3340 - IS9th Avenue NW/Schroeder schroede 17. Variance/IOOI - 140th Lane NW/Stratula stratula 18. Approval ofNextel Lease Agreement/1717 Crosstown Blvd. nextel 19. Approve Ordinance 226 Summary ord226 20. Approve Comprehensive Water Supply Plan/9S-IS appr9515 21. UpdatelHills of Bunker Lake Sth Addition Park/97-IS park9715 22. Schedule Budget Workshopl7-29-97 budget 23. Approve Feasibility Report/97-26/Hamilton Square appr9726 24. Approve Encroachment AgreementlMinnesota Intrastate Pipeline Co./9S-24/ pipeline Coon Creek Bikeway/Walkway Trail 2S. Approve Encroachment AgreementINorthern Natural Gas/9S-24/ gas Coon Creek BikewaylWalkway Trail 26. Approve Encroachment AgreementlBurlington Northern Railroad/9S-24/ railroad Coon Creek Bikeway/Walkway Trail Mayor/Council Input Payment of Claims Adjournment --. --- - r""'~·-- - .. .._~_.~...~.,_ 0-- . . ~, : l REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 15, 1997 TABLE OF CONTENTS RESIDENT FORUM · · · · · · · · · · · · · 1 AGENDA APPROVAL · . · · · · · · · · · · · · · · 1 CONSENT AGENDA Approve agreement for residential recycling program · · · · 1 Resolution R161-97 approving lot split/variance/143S2 Crosstown Boulevard/Zerk · · · · · · · · · · · · · · · 1 Resolution R162-97 approving variance/3340 159th Ave/Schroedec 1 Resolution R163-97 approving variance/1001 140th Ln/Stratula 1 Approval of Nextel lease agreement/1717 Crosstown Blvd · · 1 Approve Ordinance 226 summary · · · · · · · · · · · 1 Approve Comprehensive Water Supply Plan/IP95-1S · · · · 1 Update/Hills of Bunker Lake 5th park/IP97-15 · · · · · 1 Approve encroachment agreement/Minnesota Intrastate Pipeline Company/IP9S-24/Coon Creek Trail · · · · · · · · · 1 Approve encroachment agreement/Northern Natural Gas/IP95-24 2 Approve encroachment agreement/Burlington Northern Railroad/ IP9S-24/Coon Creek Trail · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · 2 ANOKA COUNTY SHERIFF'S MONTHLY REPORT · · · · · · · 2 STORM UPDATE/IP97-32 · · · · · · · · · · · · · · · 2 DOWNTOWN CENTER REFUNDING BONDS Resolution R164-97 approving the issuance of refunding bonds 3 PUBLIC HEARING: VACATION OF EASEMENT/14133 QUINCE STREET NW · 3 Resolution R16S-97 granting the variance · · · · · · · 4 LOT SPLIT/VARIANCE/16030 MAKAR STREET NW/STANTON · · · · · · 4 Resolution R166-97 to deny the request · · · · · · · · 6 REZONING/140TH LANE AND PRAIRIE ROAD (drop fcom consideration) 7 ORDINANCE 109 AMENDMENT/SNOWMOBILING (return to Task Force) · · 7 DISCUSS SUPPLEMENTAL FEASIBILITY REPORTS/IP97-9 AND IP97-8 · · 7 Resolution R167-97 rejecting the supplemental feasibility · 9 Resolution R168-97 approving the supplemental feasibility 10 FEASIBILITY REPORT/IP97-26/HAMILTON SQUARE Resolution R169-97 approving the feasibility report · · · · 10 FORFEIT PROPERTIES/SMITH'S GREEN ACRES Motion to return to the county for sale · · · · · · · · · 11 SCHEDULE SPECIAL CITY COUNCIL MEETING/EVALUATE AND APPROVE PUBLIC WORKS EXPANSION BIDS/IP96-15 Motion to schedule meeting for July 16, 6:30 p.m. · · · 11 PLANS AND SPECS/IP97-6/SHADOWBROOK 2ND ADDITION Resolution R170-97 approving the plans and specs · · · · 11 ACKNOWLEDGE SIGN AT FUTURE FIRE STATION · · · · · · · 11 MISSION STATEMENT AND WORKSHOP SCHEDULING Motion to schedule budget planning on August 12 · · · · 11 MAYOR/COUNCIL INPUT Council chambers · . · · · · · · · · · · · · · · · 12 Policy for utility easements · · · · · · · · · · · · 12 Entrance signs to the City · · · · · · · · 12 Thanks to the Staff · · · · · · · · · · · 12 PAYMENT OF CLAIMS · · · · · · · · · · · · · 12 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · 12 ------ -.--- - ~--~~_._- - ~- - -- - . - --~------- -T"---------,.-.....,-- .0. {j!ffYlt L ~ ,,¿/=/I/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - JULY 15, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, July 15, 1997, 7:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Knight, Kunza, Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann City Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Jerrv Windschitl. Ashford Development - requested Agenda Item 23, Approve Feasibility Report/IP97-26/Hamilton Square, be moved to the discussion agenda to discuss those items that affect him. The Council agreed. AGENDA APPROVAL Move from Consent Agenda to Discussion Items, Item 22, Schedule Budge~ Workshop/7-29-97; Item 23, Approve Feasibility Report/IP97-26/Hamilton Square. Add Item lOa, Approve Plans and Specs/IP97-6/Shadowbrook 2nd Addition. MOTION by Kunza, Seconded by Dehn, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 14 Approve Agreement for Residential Recycling Program Item 15 Lot Split/Variance/14352 Crosstown Boulevard/Zerk (See Resolution R161-97) Item 16 Variance/3340 lS9th Avenue NW/Schroeder (See Resolution R162-97) Item 17 Variance/1001 140th Lane NW/Stratula (See Resolution R163-97) Item 18 Approval of Nextel Lease Agreement/1717 Crosstown Boulevard Item 19 Approve Ordinance 226 Summary Item 20 Approve Comprehensive Water Supply Plan/IP9S-1S Item 21 Update/Hills of Bunker Lake 5th Addition Park/IP97-15 Item 24 Approve Encroachment Agreement/Minnesota Intrastate Pipeline Company/IP95-24/Coon Creek Bikeway/Walkway Trail ----- ··r..···--- --~--~--~- . ,- : l, Regular Andover City Council Meeting Minutes - July 15, 1997 Page 2 (Consent Agenda, Continued) Item 25 Approve Encroachment Agreement/Northern Natural Gas/IP9S-24/Coon Creek Bikeway/Walkway Trail Item 26 Approve Encroachment Agreement/Burlington Northern Railroad/IP9S-24/Coon Creek Bikeway/Walkway Trail MOTION by Dehn, Seconded by Kunza, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES June 24, 1997, Continued Regular Meeting: Correct as written. June 24, 1997, EDA Meeting: Correct as writ~en. Jul y 1, 1997, Regular Meeting: Correct as written. July 1, 1997, EDA Meeting: Correct as written. MOTION by Kunza, Seconded by Dehn, to approve the Minutes of the June 24 meetings. Motion carried on a 4-Yes, 1-Absent (Orttel) vote. MOTION by Orttel, Seconded by Dehn, to approve the Minutes of the July 1 meetings. Motion carried unanimously. ANOlCA COUNTY SHERIFF'S MONTHLY REPORT Lieutenant Bruce Andersohn updated the Council on the Deputies' and Community Service Officer's activities in the City for the month of May, 1997. STORM UPDATE/IP97-32 Mr. Fursman updated the Council on the tree removal and clean-up efforts after the storm of July 1, 1997. The City has contracted with several tree removal services who are working 12-hour days to remove brush from the boulevards. He urged the residents to be patient with the tree removal, as the volume of work is incredible. Staff is doing its best to find the funding from within the General Fund budget and is confident it can do so without having to dip into reserves. Preliminary estimates of damage from the disaster are about one-half million dollars of structural damage, tree removal and personal property damage. Efforts are being made to have the area declared a disaster area and to receive funding for the clean up. Frank Stone, Public Works Superintendent, thanked Anoka County for allowing the City and residents to use the dump site at 133rd and Hanson Boulevard. That area is closed this week because of the Burnet Senior Classic Golf Tournament, so the brush is being brought up to a site in East Bethel. Also, the City of Anoka has allowed Andover to haul brush from the sealcoating area to a site in Anoka. The City of Anoka is trying to get a permit to burn the brush. If it has to be chipped, Andover will have to pay for its share. He expected it will take three to four weeks to get all of the brush picked up. ~.- - .- -._---- - -._---- - -- --~ ----- -- --- - ·l ' . . Regular Andover City Council Meeting Minutes - July 15, 1997 Page 3 (Storm Update/IP97-32, Continued) Mayor McKelvey noted the memo from Fire Chief Dan Winkel regarding the significant number of illegal fires and complaints on burning. Chief Winkel has placed a temporary moratorium on all permits. At this time, residents have not been cited for illegal burns. The Fire Chief is recommending a warning be issued to first-time offenders and a citation issued for all offenders who violate the warning or who do not obey with the extinguishment order. Councilmember Orttel did not agree with a burning ban on the larger lots but agreed with the warning to first-time offenders. Councilmember Dehn was concerned with the safety hazards if starter fluids are used to bur.·J the green wood. After further discussion, the Council agreed to leave it up to the Fire Chief's discretion regarding the enforcement of illegal burning. APPROVE DOWNTOWN CENTER REFUNDING BONDS Ms. McGann reviewed the request to issue two commercial development revenue refunding bonds in order to refinance the Downtown Center strip shopping mall at 13735 Round Lake Boulevard. The City assisted the financing of the construction of the Downtown Center in 1982 with the issuance of a commercial development revenue note for $7,700,000. The note has been held by First Bank Minneapolis and will be paid off with the proceeds of these refunding bonds. In conjunction with the refunding will be a transfer of partnership interests in Andover Limited Partnership. The bonds will be revenue obligations of the City but will be payable solely by Andover Limited Partnership. It does not affect the City's bond rating nor its ability to issue bonds in the future. The City would not be responsible for the bonds even if Andover Limited Partnership went bankrupt. Stephanie Galey, Holmes & Galey, bond counsel for Andover Limi te'Ì Partnership, explained the two bonds. There is approximately $5.5 million remaining on the original $7.7 million bond. They are also asking for an additional $1.25 million to refinance some taxable debt that the partnership has outstanding with reJpect to this project. MOTION by Knight, Seconded by Kunza, introducing the Res01ution providing for the issuance and sale of commercial development revenue refunding bonds in two series to refinance a project on behalf of Andover Limited Partnership, as presented. (See Resolution R164-97) Motion carried unanimously. PUBLIC HEARING: VACATION OF EASEMENT/14133 QUINCE STREET NW 7:45 p.m. Mr. Hinzman reviewed the request of Ashford Development Corporation to vacate a portion of a drainage and utility easement at 14133 Quince Street NW, Lot 11, Block 4, Crown Pointe East Addition, to reduce the size of the easement in order to construct a home. The area __ ....M.' __ _ _ __..__.~_ ..... . _, :[, Regular Andover City Council Meeting Minutes - July 15, 1997 Page 4 (Public Hearing: vacation of Easement/14133 Quince St., Continued) to be vacated is outside the delineated wetland and 100-year flood lines. Staff is recommending approval. Councilmember Dehn asked who is responsible if there is a 110-year flood and the house on the lot is flooded. Mr. Erickson stated the program is to maintain easements up to the 100- year flood elevation. The City does not have easements for anything over that and it would be the responsibility of the property owner. Typically easement is designated on a plat the most expeditious way for convenience. It is now realized the additional building area is needed, and the request is to move the line to the 100-year flood elevation. This was excess easement through the lot. Mayor McKelvey opened the hearing for public testimony. 7:49 p.m. Bradford ? . 14161 Ouince Street NW - didn't understand why the area is being vacated. The lot is very small. Lot 12 is also extremely narrow, and he feared the same thing would have to be done on that lot. Councilmember Orttel explained the policy is to obtain easement up to the 100-year flood. The easement above that is being vacated to build on it. When drawing the plat, straight lines were drawn for easement for convenience. The vacation of easement over the 100-year flood elevation is necessary to make the lot larger and buildable. Jerrv Windschitl. Ashford Development - stated in order to get the larger house size to work, extra area is needed. The original drafting was simply an error and they didn't realize it was there. Buyers intend to move forward with building a house assuming the easement is vacated. Councilmember Dehn asked that something from the engineer or surveyor be given the City for its files. Mr. Windschitl - stated the City already has the surveyor's certificate on that lot. Mr. Erickson agreed Staff does have a photocopy of the surveyor's certificate. The Watershed does not need to review this unless it encroaches into the 100-year flood, which this does not. Councilmember Dehn wanted to be sure the letter from the surveyor is with the packet of material so the City is aware of who is responsible, preferring that to be in the Resolution as well. MOTION by Kunza, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 7:56 p.m. MOTION by Knight, Seconded by Kunza, introducing the Resolution granting the variance. (See Resolution R16S-97) Motion carried unanimously. 7:58 p.m. LOT SPLIT/VARIANCE/16030 MAKAR STREET NW/STANTON Mr. Hinzman reviewed the request of Tarri and Kevin Stanton for a lot split and variance at 16030 Makah Street NW. The 5.02-acre parcel would be spli t into two 2.51-acre lots. Variances are requested on the minimum 300-foot lot width at the front setback. Parcel A would measure .._. - ,-- ~- -- - --- - r-~·--- - --..-.~.~- .... ...., ··l'. Regular Andover City Council Meeting Minutes - July 15, 1997 Page 5 (Lot Split/Variance/16030 Makah Street/Stanton, Continued) 269 feet at the front setback and Parcel B ~;ould be 270 feet at front setback. The Planning and Zoning Commission voted 3 to 1 to deny the lot split. Many neighbors spoke in opposition of the request citiDg the five-acre lot size of most homes in the area, the lack of a hardship, the ownership status of the current property, and the unique and probable devaluation of the other homes in the area as recommendations for denial. He noted the City has granted similar requests in 1995 and again in 1996 when the parcels could not be increased to meet the minimum setback requirements. The other parcels in the vicinity are predominantly five-acre tracts. The lot to the north is vacant. Councilmember Orttel felt this is a very unique area, providing some background when it was plated by metes and bounds into five-acre parcels. Some lots have already been subdivided, however, with access onto Seventh Avenue. Kevin Stanton. 16030 Makah Street - stated they made application for the lot split and variance because similar requests have been granted in the past. In figuring the averages of the tract sizes in that vicinity assuming the split of his lot, the average land size is 2.48 acres. He also determined that the average lot frontage without the split is 286 feet. It would be 271 feet with the split of his lot. He looked at those factors before making the decision to split his lot. Responding to the allegations he is doing this for financial gain and has already sold the lot, he stated he has sold the lot contingent upon approval of the lot split and variance. In reviewing the assessor's records of valuations in that area, the average is $172,000 at the 90-percent level, which makes his parcel above average. With the lot spl1t, the parcels will remain at 2.51 acres, which is above the average size for the 350 feet surrounding his property. The house was built seven years ago. Councilmember Orttel noted the owner of Tract V commented at the Planning Commission that he was told his lot is subdividable. That parcel can be split because of the road abutting that tract to the west. The other parcels that were split to the north were also double frontage lots. It is a very unique area of nice homes and hobby farms, which have different rights. Martin Monroe. 15961 Makah Street - explained the other lot splits were for family members, not for financial gain, and to preserve the Staples Cemetery. He felt that this split is being done only for financial gain and the result will be a drop of his property value. He did not buy and build to split the lot. On the other hand, the Stanton's built on the very south end to be able to split. Also, the Stantons advertised and sold their property on 2 1/2-acres. He was happy the Planning Commission ruled in their favor and asked the Council to do the same. Bill Fudqe. 16005 Makah Street - east side of Makah, moved there in 1980. It was represented as a five-acre development. He is concerned that if this is allowed, a precedent would be set; and the same thing could happen with all of the other lots along the street. . -.- ~--- - - -- --~_._- --- - --- -..-.....--...... q Regular Andover City Council Meeting Minutes - July 15, 1997 Page 6 (Lot Split/Variance/16030 Makah Street/Stanton, Continued) Dennis Anderson. 15952 Makah. Tract X - is totally against the request. It is being done just for financial gain, and it will devalue his property. He called the Council's attention to a petition signed by the residents opposing this. Of the 20 owners that were originally on five- acre tracts, 16 of them are opposed. They were unable to contact two of the owners, and one did not want to sign because they knew the people buying the property. Mr. Stanton - clarified he owns 5.02 acres, and he is trying to sell the home. It was sold subject to the lot split. He mayor may not build on the other parcel. Ms. Mickelson. 16150 Makah Street - feels that allowing the split would set a precedent and would totally ruin the look of the development. Mr. Stanton has proposed no hardship for the variance. They purchased their five acres for the rural setting and would like to have this denied. Carl Spencer. 12180 Maqnolia Street NW. Coon Rapids. owner of Tract V - stated he has a problem because the lot split is requiring a variance. The rules and regulations were put in there for a reason, and he has a problem with allowing a variance when there is no hardship. The subdivision across the street did not require a variance, and he did not oppose it because it did not increase the density on Makah Street. This split will mean an additional house facing Makah, and there is an unknown as to how that will affect the other ~roperties. That troubles him, and he hoped the City Council will deny the request. Mr. Carlberg explained in the issue of a hardship relating to lot frontage, many times it is recommended the applicant discuss it with adjacent property owners in an attempt to acquire additional land to meet the requirements. Similar variances have been granted noting the hardship is that additional land cannot be acquired. Mr. Stanton has talked with adj acent property owners and hasn't been successful in obtaining additional land to meet the requirements. That has been grounds for variances in the past. Councilmember Knight noted it is a unique neighborhood and street, and he understood the concern for no hardship. Councilmember Dehn opposed the request because of the ambience of the neighborhood and the five- acre tracts. The City always supports more open space. It is also proven that the larger the lots, the less services that are demanded from the City. with the five-acre lots, approving this request would not result in the same ambiance along that street. The other splits did not affect Makah Street. MOTION by Knight, Seconded by Dehn, to deny the request for the lot split and variance. (See Resolution RI66-97) Motion carried unanimously. ---- -_.__.~_._. h__._______..__.. -'-r-M.-------~.~-....--. 1 . . Regular Andover City Council Meeting Minutes - July 15, 1997 Page 7 REZONING/140TH LANE AND PRAIRIE ROAD Mr. Hinzman explained Staff contacted the property owners along 140th Lane west of Prairie Road about the possibility of rezoning their land from R-1, Single Family Rural, to R-4, Single Family Urban. Thè residents were concerned with the negative results of the rezoning including an increase in property values. The Anoka County Assessor indicated he was not sure what would happen to property values as a result of the rezoning. Since it is unknown that the rezoning would not affect property values, Staff is recommending the rezoning be dropped from consideration. Individual property owners may request a rezoning at any time. Council agreed with the Staff recommendation. APPROVE ORDINANCE 109 AMENDMENT/SNOWMOBILING The Council felt that Section 15 as proposed implies that snowmobiles are allowed on paved City trails without metal traction devices. Councilmember Dehn stated the intent was that metal traction devices would not be allowed on City trails nor on City streets. Mr. Erickson stated snowmobiles are restricted from City parks, and that doesn't change. This references bikeways and trailways that are constructed in the right of way along streets such as Hanson Boulevard. Snowmobiles can utilize those right-of-way trails, but would be restricted from using metal traction devices. Councilmember Orttel suggested snowmobiles be banned from those trails entirely, that those trails would be for cross-country skiing, snowshoeing and other pedestrian-type activities, not motorized vehicles. Councilmember Knight was concerned that the proposed amendment will cause confusion. He also not~d that residents abutting walkway/bikeway trails that are being constructed in the City were specifically told snowmobiles and other motorized vehicles would not be allowed on trails through the neighborhoods. Mayor McKelvey also did not like the wording of the proposed amendment. He stated the Snowmobile Club would like some kind of trail to be able to get to the Rum River trail, so some compromise may be needed on the trails in the parks. Otherwise, he would not want snowmobiles on the City's trails. Park and Recreation Commission Chairperson Dave O'Toole did not like the idea of metal traction devices being allowed on the trail system. He'd prefer that all motorized vehicles be banned from the paved trails within the parks. The Commission agreed to send the item back to the Snowmobile Task Force to incorporate the items discussed this evening. DISCUSS SUPPLEMENTAL FEASIBILITY REPORT/IP97-9/CHESTERTON COMMONS/ HAMILTON SQUARE TRUNK and DISCUSS SUPPLEMENTAL FEASIBILITY REPORT/IP97- a/CHESTERTON COMMONS Mr. Erickson summarized the feasibility repor1: to study the extension of trunk sanitary sewer and watermain up Crosstown Boulevard. To service ----. - 1"-'-- - -----,--.... .-. : l Regular Andover City Council Meeting Minutes - July 15, 1997 Page B (Supplemental Feasibility Reports/IP97-9 & IP97-B, Continued) the Chesterton Commons plat through the Hamilton property is estimated to cost $88,000 for the extension of the trunk lines. To service that same plat by extending the trunk lines north along Crosstown Boulevard is estimated to cost $237,300. By going north along Crosstown Boulevard consideration should also be given to the fact that easements from three property owners would be needed for an additional project cost 0': $10,000 to $20,000, and critical depth for the sanitary sewer could be lost, possibly requiring a lift station to service areas west of Hanson Boulevard. The county is not interested in putting utilities in Crosstown Boulevard, so the City would have to do the work outside of the paved surface. Mayor McKelvey felt the original proposal should be approved to extend the trunk utilities through the Hamilton property to serve CheAterton Commons. He spoke with both the Hamiltons and Ashford Development (for Chesterton Commons), and they would be willing to trade easements at no cost to each other. The City would like the options for easement for storm sewer, but it would require a catch basin to be moved in Chesterton Commons. He was not sure Mr. Windschitl was agreeable to that portion. Jerrv Windschitl. Ashford Development - stated Exhibit 2 in the Hamilton feasibility report has an item that shows up for the first time, and that is a 12-inch watermain through Chesterton Commons to serve the Hamilton property. They would be willing to give the easement requested for that 12-inch watermain between two lots or between any other two lots to the east if it would save the Hamiltons some footage, on the basis that the Hamiltons would give the easement across their propert,' for the sewer and water extension off Yellowpine. He is not in a position to comment on the issue of storm sewer easement or moving a catch basin. That item is unrelated to the sewer and water utilities. The Hamiltons were given approval by the W3tershed Board to develop without having to have any additional outlets for their ponds, so the entire storm sewer trunk line to the north could be pulled out of the project, which is expensive. The easement through Chesterton Commons affects two buildable lots; the easement through the Hamilton property does not go through buildable property. Gorden Jenson. Attornev for the Hamiltons - stated they agree with the proposal being proposed by the Mayor. They were anticipating that the proposal, including the storm water line to drain off their ponds without adjustment to the discharge pipe, would be approved. That entire proposal has not been accepted by Mr. Windschitl, which creates a problem for them. The Watershed approved two alternative plans, one contingent upon the stormwater within the Hamilton site to be contained by the construction of two ponds. That would not be the most favorable, but they are willing to do that for now to get the post office and the clinic. The fact that Mr. Windschitl cannot comment on the adjustment to the discharge pipe suggests that they cannot use the alternative plan to discharge from their ponds. They are not willing to agree to that. ~-- -- .- -- -.. --__. __ _ "__ . _ _. ________ ,_ '_NO' ___ __..__.~_..... .... II Regular Andover City Council Meeting Minutes - July 15, 1997 Page 9 (Supplemental Feasibility ReportsjIP97-9 & IP97-8, Continued) Mr. Windschitl - stated the City can solve this problem by allowing the ponds to discharge into the City system across the street. Then the City would charge $0.04 per square foot for coming into the system. Why does Mr. Hamilton think he can come into his system for free? They made a proposal at the June 24 meeting, but they have heard nothing from the Hamiltons. He accused the Hamiltons of trying to make residential development subsidize a commercial development, which he found unreasonable. He's willing to give the easement for the water utility but not give a free ride for the storm sewer system. Mr. Erickson explained the intent would be to outlet the storm sewer from the pond by hard pipe to a catch basin in Chesterton Commons, which would eventually discharge to Ditch 37. '.chat would eliminate the southern one-acre pond. They are looking at the numbers now, but the size of the stormwater pipes in Chesterton Commons may not need to be oversized to accommodate the Hamilton runoff. If they did, they would be oversized at the cost to the Hamiltons. Mr. Erickson stated there are other options for storm drainage for the Hamilton property. One would be to evaluate discharging to the south. Another would be to run a storm sewer pipe to the county right of way of Hanson Boulevard and let it run down that right of way to the catch basin on the first street in Chesterton Commons. Mr. Fursman also stated that once Chesterton Commons is developed and the pipe is in and dedicated to the City, there is nothing to prevent the City from running the pipe to outlet into that system. Mr. Windschitl - stated they had raised the issue of exactly how much water flow there would be from the Hamilton property. It appears there was a 100-percent error in the calculations. They furnished those calculations to the Watershed, TKDA and the City. He believed the Watershed did correct the error. Councilmembers Orttel and Knight notei the concerns raised regarding additional water directed to Ditch 37. Mr. Erickson pointed out that is the reason the Watershed is requiring additional restrictions before discharging into the ditch. At this point the Council felt the proposal of IP97-9 to extend trunk utilities up Crosstown Boulevard to service Chesterton Commons W2S not feasible. MOTION by Orttel, Seconded by Dehn, that the Council reject the feasibliity report prepared for the proposed Crosstown trunk utility extension of Chesterton Commons and Hamilton property, Project 97-9. (See Resolution R167-97) Motion carried unanimously. Mr. Jenson - again stated they are agreeable to providing the easement for the trunk sewer and water easement and the stormwater discharge as proposed by the Mayor. They don't have an agreement if the stormwater discharge is not agreed to by Mr. Windschitl. They want the option of being able to develop the area without the proposed approximately one- acre drainage pond to the south. Mr. Erickson stated Staff will also evaluate the watermain. The lS-inch line from Chesterton Commons is needed to loop the system, though that portion of the Chesterton Commons . ~-- - - : l Regular Andover City Council Meeting Minutes - July 15, 1997 Page 10 (Supplemental Feasibility ReportsjIP97-9 & IP97-8, Continued) plat is not being platted this year. Also, a minimum of a 10-inch watermain is needed for commercial development, and he was not sure of the size of the water line available to serve the Hamilton property. There is a concern that Mr. Windschitl could decide to stop development short of Hanson Boulevard, which would put everyone who owns land to the northwest on hold until the trunk lines are available. He felt some City policy needs to be established to run the trunk lines to the end of a particular stage. That would eliminate potential conflicts between property owners. It is the City's trunk system and should be controlled entirely by the City. The Council agreed. Winslow Holasek - felt that all three utilities should be included, sewer, water and stormwater. Mr. Windschitl - stated the water line on Yellowpine is an 8-inch line, not a 10-inch line. Mr. Erickson stated that will have to be evaluated in the design phase. There was considerably more discussion on the existing trunk lines, the size of the existing watermain, the needs of both developers reg3rding utility service and easements, and possible solutions. Attorney Hawkins advised the stormwater easement has nothing to do with this issue. If Mr. Windschitl wants to develop, he needs the sewer and water utility easement from the Hamiltons. If the Hamiltons want to develop, they need the trunk water easement from Mr. Windschitl. Both parties can develop without the stormwater easements. Once Chesterton Commons is developed and the City has accepted the utility easements, the Hamiltons can ask to drain into that system with little to no extra construction. Any extra construction would then be paid for by the Hamiltons. He proposed the feasibility be accepted contingent upon the two parties exchanging the necessary easements. MOTION by Orttel, Seconded by Kunza, that the Council approve the feasibility report for Chesterton Commons as presented and as modifieJ July 11, 1997, subject to obtaining of the right of way necessary off site for the trunk utility easements as shown on the southern portion of the property. (See Resolution R168-97 approving the supplemental feasibility report of IP97-8) Motion carrieá on a 4-Yes, 1-No (Dehn as she felt this conflict should have been resolved) vote. Carol Windschitl. Ashford Development - stated this is like a chess game. It is the Hamilton's problem. They are not asking to put water on the Hamilton property. There is no common sense here. It is so simple. APPROVE FEASIBILITY REPORTjIP97-26jHAMILTON SQUARE MOTION by Orttel, Seconded by Kunza, that the Council approve the feasibility report for Hamilton Square known as Project 97-26 as proposed subject to the developer obtaining off-site trunk water easements as shown in the plan. (See Resolution R169-97) Motion carried on a 4-Yes, 1-No (Dehn, for the same reason as above) vote. - ~.~_ 'n. . ~, I I Regular Andover City Council Meeting Minutes - July 15, 1997 Page 11 FORFEIT PROPERTIES/SMITH'S GREEN ACRES (Mayor McKelvey left the meeting at this time, 9:52 p.m.) Mr. Erickson stated the parcels in question went tax forfeit seven years ago. The City requested the State remove them from public auction thinking they could be used for wetland mitigation. The wetland rules have somewhat loosened since then and it is a little easier to fill in certain types of wetlands. Staff is looking at the possibility of using this as a well site. He suggested the City reserve its right to the property and let the county put it up for sale. MOTION by Orttel, Seconded by Dehn, that the Council have Staff notify the county that the three parcels in Smith's Green Acres that the City had some interest be returned to the county for sale to the public. Motion carried on a 4-Yes, 1-Absent (McKelvey) vote. (Mayor McKelvey returned to the meeting, 9:56 p.m.) SCHEDULE SPECIAL CITY COUNCIL MEETING/EVALUATE AND APPROVE PUBLIC WORKS EXPANSION BIDS/IP96-15 MOTION by Orttel, Seconded by Dehn, that the City Council set an emergency meeting to evaluate and approve the Public Works expansion project on Wednesday, July 16, at 6:30 p.m. Motion carried unaninl0usly. APPROVE PLANS AND SPECS/IP97-6/SHADOWBROOK 2ND ADDITION MOTION by Dehn, Seconded by Orttel, introducing the Resolution approving the plans and specifications and ordering advertisement for bids for Project 97-6 in the area of Shadowbrook 2nd Addition for sanitary sewer, watermain, street and storm sewer construction. (See Resolution R170- 97) Motion carried unanimously. ACKNOWLEDGE SIGN AT FUTURE FIRE STATION Council noted the request from the Fire Chief to install a sign at th2 site for the future new Fire Station Three. The Council generally preferred to hold off on the sign until a plan is in place as to when that new building will be constructed. They did not have a problem, however, with a sign asking for volunteer firefighters. MISSION STATEMENT AND WORKSHOP SCHEDULING and SCHEDULE BUDGET WORKSHOP The majority of the Council were unable to attend a meeting on July 29. Mr. Fursman explained the objectives of the Council are needed as soon as possible with regard to budgeting goals. MOTION by Orttel, Seconded by Knight, that the City Council meet on August 12 for a preliminary planning review at 7 o'clock at the City Hall. Motion carried unanimously. ---. --- .- ---- -< --~_.- f' Regular Andover City Council Meeting Minutes - July 15, 1997 Page 12 MAYOR/COUNCIL INPUT Council Chambers - The Council noted the need for a microphonè for resident input and to have something done about the noise of the air conditioner. Mr. Erickson stated he is meeting with the design engineer regarding the noise. Policy for utility easements - The Council suggested Staff develop a policy regarding the dedication of easements for municipal utilities within preliminary plats. Mr. Erickson stated Staff will bring a proposal to the Council at the next meeting. Entrance signs to the Ci ty - Councilmember Knight noted may other cities have very nice signs at their major entrances. He would like to see Andover install nicer signs at the main entrances, some monument with brick pillars on the site. Mr. Carlberg stated he will research the cost of that type of signage. Thanks to the Staff - The Council went on record thanking the Staff fOe the terrific job done resulting from the July 1 storm and their efforts for the Family Fun Fest. PAYMENT OF CLAIMS MOTION by Kunza, Seconded by Orttel, the payment of claims. Motion carried unanimously. MOTION by Knight, Seconded by Kunza, to adj ourn. Motion carried unanimously. The meeting adjourned at 10:18 p.m. Respectfully submitted, '~ Z~L Marcella A. Peach Recording Secretary - - .- -- -." --~_.~. - --- -- - - -- ----.