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HomeMy WebLinkAboutCC June 17, 1997 i' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, June 17, 1997 agenda Call to Order - 7:00 p.m. Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Public Hearing/9S-14/Crooked Lake Blvd NW ph9514 2. Approve Easement Purchase/9S-14/Crooked Lake Blvd NW appr9514 3. Public HearinglRedevelopment Plan/Public Works Building/96-IS ph9615 4. Award Sale 1997B G.O. Assessment Bond bondsale S. Receive 1996 Audit, Financial Report and Management Letter audit 6. Discuss Commercial ParklDevelopment Proposals commercial 7. Presentation of Comprehensive Water PlanIHoward R. Green (MSA) water 8. Comprehensive Plan Task Force Update/Survey Results update 9. Declare Dog a Nuisance dog 10. Mission Statement Review mission II. Discuss Ord. 214/Disease Shade Tree Ordinance trees 12. Amend Ord. 8, Sect. 4.301N0n-Conforming Occupation ord8 13. Approve Preliminary PlatlHamilton Square hamilton 14. Order Feasibility Report/97-26IHamilton Square pet9726 IS. Approve Feasibility Report/97-8/Chesterton Commons appr978 16. Approve Plans & Specs/97-9/Section 23 (Chesterton CommonslHamilton Square)/ appr979 Trunk Sanitary Sewer & Watermain 17. Approve Chesterton Commons Revised Grading Plan, Cont. chestert 18. Junkyard License Renewal junkyard 19. Discuss Rezoning/140th Lane NW & Prairie Road rezoning 20. Update on Public Works Building/96-IS public 21. Adopt Financing Program/Street Rehabilitation strrehab 22. Septic System Dump Station Update septic EDA Meeting 23. Approve Resolution/Establishing the Redevelopment Project Area redevelp 24. Accept Applications & Schedule Interviews for EDA applications Non-Discussion/Consent Items 2S. Award Bid/97-7/Crown Pointe East 2nd Addition bid977 26. Animal Control Contract animal 27. Garbage Hauler Licenses garbage 28. Reduce Letter ofCreditIFox Woods foxwoods 29. Lot Split/2032 - IS9th Ave NWlRyding ryding 30. Variance/3390 Bunker Lk Blvd NW/Tutor Time tutortime 31. Variancell4S09 Round Lk Blvd NWlHein hein 32. Approve Ord. 2301N0ise Ordinance noise 33. "Slow Wake" Ord. 231IRum River/Update slowwake 34. Approve Permit/9S-24/Coon Creek Bikeway/Walkway Trail pmt9524 3S. Award Bid/9S-24/Coon Creek Bikeway/Walkway Trail bid9524 36. Authorize Staff to Enter Into Agreement/Howard R. Green/Sanitary Sewer Rate Study ssstudy 37. Reduce Escrow/Developer's Improvements/Shadowbrook shadowb -. . - '. n_ ____ , jì Page 2 Regular City Council Meeting - Tuesday, June 17, 1997 38. Order Plans & Specs/96-27/0ak View Middle School TraiVHanson Blvd NW ord9627 39. Approve Ord. 47/Amendment ord47 40. Snowmobile Ordinance Update snowmobi 4 I. Adopt Ordinance 48A(T 0 Repeal Ordinance 48) ord48a 42. City Hall Financing/Transfer of Funds/94-30 cityhall 43. 1998 Budget Process budget 44. Approve Bingo Permit/Andover Baseball bingo 45. Photocopy Machine Replacement machine 46. Accept Petition/97-29114590 Bluebird Street NW pet9729 47. Order Plans & Specs/97-25/Fencing/Sunshine Park, Pleasant Oaks, Pine Hills ord9725 48. Approve Plans & Specs/97-25/ Fencing/Sunshine Park, Pleasant Oaks, Pine Hills appr9725 Mayor-Council Input Payment of Claims Adiournment -. ' -, .. . --- --- .' I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 17, 1997 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R13S-97 awarding bid/IP97-7/Crown Pointe East 2 · 1 Animal Control contract · · · · · · · · · · · · · · · · 1 Garbage hauler licenses · · · · · · · · · · · · · 1 Reduce Letter of Credit/Fox Woods · · · · · · · 2 Resolution R136-97 approving lot split/2032 lS9th Ave/Ryding 2 Resolution R137-97 approving variance/3390 Bunker Lake Boulevard/Tutor Time · · · · · · · · · · · · · · · 2 Resolution R138-97 approving variance/14S09 Round Lake Boulevard/Hein · · · · · · · · · · · · · · · · · · 2 Approve Ordinance 230/Noise Ordinance · · · · · · · · 2 Resolution R139-97 awarding bid/IP9S-24/Coon Creek trail · 2 Declare costs/IP93-17/Crown pointe · · · · · · · 2 Reduce escrow/Developer's Improvements/Shadowbrook · · · 2 Resolution R140-97 ordering plans & specs/IP96-27/Trail/Hanson 2 Approve Ordinance 47/amendment · · · · · · · · · · 2 Snowmobile Ordinance update · · · · · · · · · · · · 2 Adopt Ordinance 48A (To repeal Ordinance 48) · · · · · 2 City Hall financing/transfer of funds/IP94-30 · · · · · · · · 2 1998 Budget process · · · · · · · · · · · · · · · · · 2 Approve bingo permit/Andover Baseball · · · · · · · · · 2 Photocopy machine replacement · · · · · · · · 2 Resolution R141-97 accepting petition/IP97-29/14590 Bluebird 2 Resolution R142-97 ordering plans & specs/IP97-2S/fencing/ Sunshine Park, Pleasant Oaks, pine Hills · · · · · · · · 2 Resolution R143-97 approving plans & specs/IP97-25/fencing 2 Resolution R144-97 authorizing City to enter into grant agreement with State (Clean-up of contaminated land) · · 2 Approve temporary non-intoxicating liquor/Lions/Fun Fest · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · 2 PUBLIC HEARING: IP9S-14/CROOKED LAKE BOULEVARD NW · · · · 3 Resolution R14S-97 awarding the contract · · · · · · · 5 EASEMENT PURCHASE/IP95-14/CROOKED LAKE BOULEVARD Motion to approve (easement purchase from C. Veiman) · · · 6 PUBLIC HEARING: REDEVELOPMENT PLAN/PUBLIC WORKS BUILDING/IP96-15 Motion to table · · · · · · · · · · · · · · · · · · · 6 AWARD SALE/1997B GENERAL OBLIGATION ASSESSMENT BOND Resolution R146-97 accepting proposal on the sale · · · · 6 RECEIVE 1996 AUDIT, FINANCIAL REPORT AND MANAGEMENT LETTER Motion to accept the reports · · · · · · · · · · · · 7 DISCUSS COMMERCIAL PARK/DEVELOPMENT PROPOSALS · · · · · · · · · · 7 Motion to hold an initial meeting · · · · · · · · · · 8 PRESENTATION OF COMPREHENSIVE WATER PLAN/HOWARD R. GREEN · · 8 DECLARE DOG A NUISANCE Resolution R147-97 declaring dog on Sherry Rotar property, 3529 139th Avenue a nuisance · · · · · · · · · · · · · · 9 "SLOW WAKE" ORDINANCE 231/RUM RIVER/UPDATE · · · · · · · · · · · 10 AMEND ORDINANCE 8, SECTION 4.30/NON-CONFORMING OCCUPATIONS · · · 11 Motion to approve the ordinance amendment · · · · · · 12 PRELIMINARY PLAT/HAMILTON SQUARE · · · · · · · · · · · · · · l2 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · 16 RECESS TO TUESDAY, JUNE 24, 1997 · · · · · · · · · · · · · · 16 . .' t1fr~ ~¡ /, If?? CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - JUNE 17, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, June 17, 1997, 7:00p.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, Jeff Johnson City Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Don Jacobson. 14826 Universitv Avenue NW - is a candidate for District 9 for the Metropolitan Council. There was a discussion by the Council that the City should not endorse a candidate if there is more than one running from the City. The registration closed a week ago today, and there are six applications for the position; however, he is the only one from Andover. He felt it would be to Andover's advantage to have a representative from the City. If the Council wishes to send a letter of support for his candidacy, it will have to be at tonight's meeting; as the decision is to be made on June 27. The Council took no action at this time. AGENPA APPROVAL Add Items 22a, Ribbon Cutting Ceremony; 22b, Declare Biting Dog; 49, Approve Resolution Authorizing City to Enter into a Grant Agreement with the State (Clean-up of Contaminated Land - Best Auto Parts Site); 50, Approve Temporary Non-Intoxicating Liquor License/Andover Lions/Fun Fest. Remove Item 33, "Slow Wake" Ordinance 23l/Rum River/Update, fro\\' the Consent Agenda for discussion purposes. Delete Item 34, Approve Permit/IP95-24/Coon Creek Bikeway/Walkway Trail. MOTION by Kunza, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 25 Award Bid/IP97-7/Crown Pointe East 2nd Addition (See Resolution RI3S-97) Item 26 Animal Control Contract Item 27 Garbage Hauler Licenses .~-_... r"--- .. -- ..- .. ...~, . -.' [ Regular Andover Cíty Council Meetíng Minutes - June 17, 1997 Page 2 (Consent Agenda, Contínued) Item 28 Reduce Letter of Credit/Fox Woods Item 29 Lot Split/2032 lS9th Avenue NW/Ryding (See Resolution R136-97) Item 30 Variance/3390 Bunker Lake BouLevard NW/Tutor Time (See Resolution R137-97) Item 31 Variance/14509 Round Lake Boulevard NW/Hein (See Resolution R138-97) Item 32 Approve Ordinance 230/Noise Ordinance Item 35 Award Bid/IP95-24/Coon Creek Bikeway/Walkway Trail (See Resolution R139-97) Item 36 Declare Costs/IP93-17/Crown Pointe Item 37 Reduce Escrow/Developer's Improvements/Shadowbrook Item 38 Order Plans & Specs/IP96-27/0ak View Middle School Trail/Hanson Boulevard NW (See Resolution R140-97) Item 39 Approve Ordinance 47/Amendment Item 40 Snowmobile Ordinance update Item 41 Adopt Ordinance 48A (To Repeal Ordinance 48) Item 42 City Hall Financing/Transfer of Funds/IP94-30 Item 43 1998 Budget Process Item 44 Approve Bingo Permit/Andover Baseball Item 45 Photocopy Machine Replacement Item 46 Accept Petition/IP97-29/14590 Bluebird Street NW (See Resolution R141-97) Item 47 Order Plans & Specs/IP97-2S/Fencing/Sunshine Park, Pleasant Oaks, pine Hills (See Resolution R142-97) Item 48 Approve Plans & Specs/IP97-25.'Fencing (See Resolution R143-97) Item 49 Resolution Authorizing City to Enter into a Grant Agreement with the State (Clean-up of Contaminated Land - Best Auto Parts Site) (See Resolution R144-97) Item 50 Approve Temporary Non-Intoxicating Liquor/License/ Andover Lions/Fun Fest MOTION by Knight, Seconded by Kunza, for approval. Motion carried unanimously. APPROVAL OF MINUTES June 3, 1997, Regular Meeting: Page 4, bottom, change "John Hinzmann, City Planner" to "Scott Erickson, City Engineer". Thereafter in the Minutes, any reference to "Mr. Hinzmann" to be changed to "Mr. Erickson" . Page 13, second paragraph, change "March 11" to "April 8"i Change "April 8" to "May 6" . Under Mayor/Council Input, change "Super 8 Motel" to "Bill's Superette on Hanson Boulevard". MOTION by Knight, Seconded by Dehn, approval of the June 3 Minutes as corrected. Motion carried unanimously. "- -- -..-. --.-- . ~-- I ' Regular Andover City Council Meeting Minutes - June 17, 1997 Page 3 PUBLIC HEARING: IP95-14!CROOKED LAKE BOULEVARD NW 7:15 p.m. (Councilmember Kunza stepped down to the audience, as he is directly affected by the item.) Mr. Erickson explained the entire bid came in under what was anticipated, but the watermain portion was higher than the feasibility report. The consulting engineers have reviewed the bid items associated with the watermain project and have identified areas to reduce that cost. Ross Abel, Howard R. Green Company, explained the estimate for the watermain portion of the project on the feasibility study was $103,000. Forest Lake Contracting, the low bidder on the project, bid about $140,000 for that portion of the project. In reviewing the bid, they found by eliminating the granular foundation, removing one hydrant where it connects with Coon Rapids because there is one there already, scaling back the one-inch copper water service within the right of way along Crooked Lake Boulevard to 30 feet on each side of the middle, and by reducing the overhead to a factor of 21.19 percent rather than 40 percent, the cost of the project could be reduced such that the assessment to the residents for the watermain would remain at $3,800. That is the assessment amount given to the residents at the hearing for the project. They are proposing that the Council award the bid to the low bidder of Forest Lake Contracting subject to the decrease in the watermain service construction as proposed and the applicable overhead factor. Councilmember Dehn asked about the proposal not to extend the water lines to the edge of the right of way. Mr. Abel explained that traditionally utilities are extended to the edge of the right of way; but because this right of way is excessively large, this is a means of reducing the cost. The homeowner would pick up the cost of connecting to the line from the street to the house at the time of the hookup to the water. Council member Orttel understood that at the first informational hearing, the people were told the intent is to vacate the excess easement back to the residents since the City doesn't need it any more. He felt that easement should be vacated since it is no longer a county road. Mayor McKelvey agreed. Councilmember Dehn was concerned with eliminating the granular foundation because if there is a problem with soils, it will be needed. Mr. Abel explained in looking at the borings done for the project plus the fact that the contractor will be dewatering, they feel there will be suitable material to support the water lines without the granular foundation. Councilmember Knight wondered why the reductions in cost weren't made prior to receiving the bid. Mr. Abel noted the variances in the bids received this time and compared them to those received last year with regard to the watermain portion. Normally the watermain is extended tc the edge of the right of way. Pulling that back is being proposed just to save money. Mayor McKelvey then opened the public hearing. -00 .- -- 0.· __ [ Regular Andover City Council Meeting Minutes - June 17, 1997 Page 4 (Public Hearing: IP95-14/Crooked Lake Boulevard, Continued) Charlie Veiman. 13646 Crooked Lake Boulevard - stated 14 or 15 residents who live on the Boulevard met at his house to discuss the numbers on the project. The bid price is $16/foot for one-inch copper tubing. He asked if anyone has checked to see if that is a correct cost. Councilmember Orttel noted that is the price installed. Mr. Veiman - asked what does the difference between the $5,350 assessment and the $3,880 cost of the watermain pay for. Councilmember Orttel stated the $3,880 is the construction cost. The difference is the trunk, source and storage cost for the waLer towers, wells, etc. It is an area charge per unit. Mr. Veiman - stated he would have to pay for the cost to connect to the pipe that will be somewhere in the street. Mr. Erickson stated that is correct. Copper tubing is the standard, though residents can check with the Building Department for other types of materials that could be used. Mr. Veiman - asked about the mailboxes. Mr. Abel explained the cost of the project includes removing the mailboxes during construction, though they must be installed in another location so postal service continues during the construction. The contractor is also responsible to reinstall the mailboxes when the construction is completed. Mr. Veiman - asked if someone on the corner would be charged again if the waterline is extended up a side street. Mr. Erickson stated no, there is only one assessment for water. There may, however, be an assessment for the street if it must be repaired. Councilmember John Kunza - lives on the corner of 134th and Crooked Lake Boulevard. The watermain stub is on Crooked Lake Boulevard to the east of his house, but the entrance of water to his home is on the west side. It would be very expensive at $16 per foot for copper tubing to hook up. Wouldn't it be cheaper for him to come in from 134th Avenue? Mr. Erickson stated when doing the feasibility study, it was not known where the water service comes into each house. This does provide him the ability to connect to water if he chooses to do so. Councilmember Kunza - noted when the sanitary sewer was installed, they stubbed 3/4-inch copper tubing for water. Will that be grandfathered in? Mr. Erickson stated that would have to be addressed by the Building Official, but he thought so as long as there was an appropriate permit in the past. A resident asked if they would be forced to hook up to city water if the well goes bad. Council and Staff explained that a resident would not be allowed to drill another well but would be required at that time to hook up to the municipal system. As long as the well is serviceable, there is no time limit as to when someone has to hook up to the City system. If it was just a motor that had to be replaced, that can be done. . - . [' , , Regular Andover City Council Meeting Minutes - June 17, 1997 Page 5 (Public Hearing: IP95-14!Crooked Lake Boulevard, Continued) Another resident asked about the City giving them back the land from the boulevard. Mayor McKelvey explained once the project is completed, the Council will discuss further the issue of deeding back the excess right of way to the residents. In answer to a resident's question on the schedule of the project, Mr. Abel stated they hoped to complete the project before school starts, but it may be a couple weeks into September before everything can be completed. Mr. Veiman - asked if the assessment has to be paid when the property is sold. Mayor McKelvey stated no, but most mortgage companies will require hooking up to City water if it is available plus paying the assessment. ? 1211 138th Avenue - stated FHA will require hook up to the City , water when the house is sold. He asked if t.he assessment amount will change as he alleged was done when the sewer went in because the contractor whined about the amount. The Council explained the project is bid on unit costs, and any change in amounts must be approved cy the Council. It is a strict legal process. The $16 per foot for the copper tubing is the bid price and includes installation. The cost to the residents in this project is proposed to be $5,350 for the construction of the watermain and water area charges. The residents will also be responsible for hooking up to the system from the street to their house. ~ - asked if the neighbors on 13Sth Avenue want water, would they also be assessed $3,3S0? Mayor McKelvey stated it would probably be more because they would also be assessed for the replacement of the street. Those in this project are not being assessed for the street because it is a State Aid road. MOTION by Knight, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 7:52 p.m. Councilmember Dehn again expressed concern with eliminating the granula= foundation. Mr. Abel understood her concern. Many times it is simply put in as an item just in case it is needed. They don't anticipate needing it in this project. He also noted that the low bidder is willing to accept the proposed reductions. Council member Orttel asked if the eight- inch watermain will be of sufficient size to serve the remaining neighborhoods in that area. Mr. Erickson stated yes, noting Howard R. Green Company did a model of that area showing the watermain is sized enough to handle it. He also suggested the contract be awarded for the full amount bid, and Staff will come back with a change order to deduct those items noted this evening. MOTION by Dehn, Seconded by Knight, that we adopt the Resolution awarding the contract for Improvement Project 95-14 for Crooked Lake Boulevard NW as presented to Forest Lake Contracting, Inc. , with the addition to the Resolution to indicate the change order will be forthcoming with the correct figures at the next Council meeting to include or reflect an accurate charge of $5,350 per unit for water assessment. (See Resolution R145-97) Motion carried on a 4-Yes, 1- Abstain (Kunza) vote. 8:01 p.m. .. . -. -- -- _ >_d _ .__ . - [ Regular Andover City Council Meeting Minutes - June 17, 1997 Page 6 APPROVE EASEMENT PURCHASE/IP95-14/CROOKED LAKE BOULEVARD NW MOTION by Knight, Seconded by Dehn, to direct Staff to prepare the necessary documentation for that easement procurement (from Charlie Veiman for a street, drainage and utility easement for $1,778) Motion carried unanimously. PUBLIC HEARING: REDEVELOPMENT PLAN/PUBLIC WORKS BUILDING/IP96-15 8:03 p.m. Ms. McGann asked the Council to discuss the redevelopment plan for the Public Works expansion project and reviewed the material before the Council on the proposal, including the final budget prepared by Adolfson and Peterson. Councilmember Orttel stated it looks like the budget has a 15-percent increase in the cost of the building. Why is there labor insurance and permit fees? It is about $321,000 higher than what they thought. Mr. Erickson explained several items were added to the project for bonding purposes. Those include the parking lot reconstruction on the southeast corner of the Public Works Building to bring it up to code with concrete curb and gutter, the cost of rebricking the old City Hall building, ponding for the City Hall site, plus a sidewalk for the City Hall complex. They were looking at using TIF monies for the ponding, but that is now included in the bonding. Mr. Fursman noted the assumption was that TIF funds would be used to help with some of the costs, but at this point he is not comfortable using them. If those funds become available this fall, this could be brought back at that time. In discussing it further, the Council agreed to table the item until they get further information and details on the budget. Staff indicated the public hearing will be readvertised for the next meeting. MOTION by Knight, Seconded by Dehn, to table this item. Motion carried unanimously. AWARD SALE 1997B GENERAL OBLIGATION ASSESSMENT BOND Ms. McGann handed out the bid tabulation results of the sale of $6,315,000 General Obligation Improvement Bonds. Tom Truzinski, Juran & Moody, noted four bids were received, with the low bid from FBS Investment Services for a net interest rate of 4.6554 percent. The City received insurance to make it an AAA rated and AAA insured bond. The interest rates received today were $137,000 less in total interest expense than what was presented a month ago, which is very favorable. MOTION by Dehn, Seconded by Orttel, the Resolution accepting the proposal on the sale of $6,315,000 General Obligation Improvement Bonds of 1997, Series B, providing for their issuance, and pledging for the security thereof special assessments and net revenues as presented tonight (awarding sale to FBS Investment Services at 4.6554% net interest) (See Resolution R146-97) Motion carried unanimously. .. . .. r Regular Andover City Council Meeting Minutes - June 17, 1997 Page 7 RECEIVE 1996 AUDIT, FINANCIAL REPORT AND MANAGEMENT LETTER David Hinnencamp of Dern, Dewinter, Viere, Ltd., addressed the C0uncil regarding the 1996 audit report, annual financial report and management letter. He reviewed the graphs showing comparisons of fund balances, operating budgets, revenues and expenses over a five-year period, comparing Andover with other cities, net tax capacity and tax rates. Generally they found Andover to have a healthy fund balance which will provide enough working capital to cash flow the fund. The tax capacity has been fairly consistent, with the largest portion of the tax capacity made up of homeowner real estate taxes. The tax capacity rates are lower than the averages in the State and other metropolitan area cities. Mr. Hinnencamp also reviewed the utility fund budgets as well as the special revenue fund, debt service fund and capital project funds. Overall he found the City of Andover to be in a very good financial position. MOTION by Knight, Seconded by Kunza, to accept the reports. Motion carried unanimously. DISCUSS COMMERCIAL PARK/DEVELOPMENT PROPOSALS Mr. Carlberg explained during the sketch plan phase of the Commercial Park, the Council suggested Staff talk to commercial real estate specialists. Staff met with three commercial developers and only one submitted a proposal. He introduced Colleen Nelson and David Dimond from The Leonard Parker Associates, Architects, Inc., and Bill Tobin of Tobin Real Estate Company, who made a presentation to the City Council for planning and design services for the development of the Bunker Lake Boulevard Commercial/Industrial Park. Ms. Nelson introduced the firms, noting their objective would be to build a trusting business relationship, to approach the project objectively, and to leave the City with the confidence to make good solid decisions in the development of that property. Mr. Dimond explained the first step would be to have a focus session to identify the Council's and Staff's vision for the development. Follow- up workshops would identify the development strategies for the site, discuss options, identify the impact on the infrastructure, identif~' marketing opportunities and determine the capital budgets and financing plan. Mr. Tobin noted some benefits of working wi~h their team would be to attain confidence in making sound decisions, their ability to guide the development and to provide the tools for future development of adjacent property and others throughout Andover. They bring to the City an integrated team of specialists. The strength of his firm was office and industrial development. Now his core business is representing commercial users. They would be involved up to where that plan is established, though the City could call on them if they wished to hire a real estate agent to market the land. .. ~- -....-.-- _.--- .--.--- --- " r ' ' Regular Andover City Council Meeting Minutes - June 17, 1997 Page 8 (Discuss Commercial Park/Development Proposals, Continued) Councilmember Knight stated he is interested in planning a development type that are similar in nature. Mr. Tobin stated that would all be considered. Depending on the time schedule of the Council, he estimated it could take three months to complete the process. The proposal is to work on an hourly basis not to exceed the $24,500 proposed in their letter plus reimbursable expenses. The initial meeting would probably take three or four hours. Mr. Carlberg stated Staff is researching whether or not CDBG funds can be applied to this process, as a part of this will be included in the City's updated Comprehensive Plan. After some discussion, the Council generally felt the proposal submitted this evening had merit and should begin as soon as possible. It was also noted that not all of the properties have been purchased in the commercial site, plus the City must wait for approval from Pollution Control for the cleanup, so there is time for strategic planning to be done. A specific date for the first meeting was not set, though some time in the first two weeks of July was suggested. MOTION by Knight, Seconded by Dehn, to take the preliminary step of having an initial meeting (with The Leonard Parker Associates, Architects, Inc.), time to be set at a later date, to work it as soon as possible, leaving it up to Dave Carlberg at this point to coordinate ~ meeting. Motion carried unanimously. The Council recessed at this time, 9:20; reconvened at 9:30 p.m. PRESENTATION OF COMPREHENSIVE WATER PLAN/HOWARD R. GREEN Steve Gatlin, Bill Chang and Dan Lowett of Howard R. Green (formerly MSA) addressed the Council on the results of the Comprehensive Water Plan Study. Mr. Gatlin provided a brief overview of the scope of the study in which they determined the future water demands, the capability of the existing water supply, the capability of the existing storage facilities to supply the peak demands and fire sources, and the capability of the existing distribution facilities for domestic flow and fire protection. They also analyzed the water quality characteristics and the need for future water treatment facilities and developed a 20- year capital improvements program. Mr. Chang provided the technical presentation of the Plan, noting the ultimate design of the water system will be up to 11 wells to have enough capacity to satisfy the maximum daily demand in the year 2020. They also suggested the City consider upgrading its storage to 3 millio~ gallons by the year 2005. Their computer model analyzed the deficiencies of the existing water system which consists of two pressure systems. They would recommend having one pressure system instead by taking down the western tower in ten years when it is due for maintenance and painting and construct a larger tower at the same elevation as the eastern tower. They also noted a deficiency in the remote portion of the water system close to Round Lake. They recommended adding an additional interconnecting pipe to increase the fire fighting capabilities. --. ~._- ~._-- .----.-.--- --- ..... '. I Regular Andover City Council Meeting Minutes - June 17, 1997 Page 9 (Presentation of Comprehensive Water Plan/Howard R. Green, Con tinued) Mr. Chang also noted the water is safe to drink, but it does have high measures of iron and magnesium. They are suggesting the City consider a water treatment, noting not all of the water needs to be treated. Of the radionuclides in the water, only radium is regulated by the Federal government. Currently Andover's water meets the state and federal standards. Radon will be regulated within the next three years, but the standards have not yet been established. Radon is a gas that can easily be removed by water treatment. Mr. Gatlin stated they analyzed the City's existing water rate structure to see if it would be adequate to fund those capital improvements that are being recommended. They feel the current rates will be adequate through the year 2005. At that point measures will need to be taken to fund the operation and maintenance of the system and to pay for debt service on the new tower. They recommend the City consider a step adjustment to the rates. The user rate could be increased a few years ahead of 2005 to generate the income needed in 2005. The user rates could be increased $0.05/1,000 gallons beginning in the year 2000, then the same amount increased again in 2003 and again in 2006. They also recommend the water access rate be increased annually by $50 beginning in 1998 to provide the funding for maintenance, debt service and future capital improvements. The Council had no specific comments on the Plan at this time. DECLARE DOG A NUISANCE Mayor McKelvey noted the request to declare a pit bull mix owned by Sherry Rotar as a nuisance. Councilmember Orttel noted the letter dated June 14, 1997, from Ms. Rotar that she does not own this dog. It belongs to her daughter's boyfriend and will be removed as soon as possible. Ms. Rotar also stated the dog owned by her daughter that had several reports filed against it has been removed from the premises. Denise Nickel. 3543 139th Avenue NW - stated she was scared for her life. She noted 2 1/2 years ago they tried to have a Rottweiler removed. It was declared a nuisance and was being destroyed. There is still a Rottweiler on the premises. In March Ms. Rotar was to go to court because of that Rottweiler, but she has not heard what happened. They want both dogs gone, as they are very dangerous. People are scared for their lives whenever coming to her house because of these dogs. They are vicious dogs. The Council noted there is no mention of the Rottweiler in either the police report or Ms. Rotar's letter. Attorney Hawkins stated he can find out the result of the court hearing. MOTION by Orttel, Seconded by Dehn, the Resolution declaring a pit bull mix dog kept on the property owned by Sherry Rotar, 3529 139th Avenue NW as a IINuisancell and ordering its permanent removal from the City of Andover or its destruction, as presented. (See Resolution R147-97) DISCUSSION: In further discussions with Ms. Nickel and her neighbor, .. - -< - -.- r Regular Andover City Council Meeting Minutes - June 17, 1997 Page 10 (Declare Dog a Nuisance, Continued) Mary Mitteness, the Council encouraged them to keep calling the Sheriff's office whenever there is a problem. The Community Service Officers should be able to respond so there is documentation on the dogs. Attorney Hawkins also noted that if dogs are continually threatening other people, they can be declared a public nuisance. The CSO should write a report any time the dogs exhibit aggressive behavior. Motion carried unanimously. DSLOW WAKED ORDINANCE 231/RUM RIVER/UPDATE Mr. Johnson explained the Planning and Zoning Commission held a public hearing on the proposal to regulate the speed of watercraft on the Rum River on May 27. It recommended approval, and the DNR is now reviewing the ordinance. One of the things they want to review is its consistency with the ordinances of the Cities of Anoka and Ramsey. Once the DNR has approved it, it will come before the City Council for review and approval. Councilmember Orttel understood that it was the DNR that said there was a big problem on the river, but now he is hearing the DNR is saying there is no problem. Loren Enqles. 1853 lS9th Avenue - related the trouble he has had getting accurate information on this. He has fished the river for 50 years, and it is not in much worse shape now than it was before. With this ordinance, there will be no more fishing because it is not possible to get up and down the river at 5 mph and still have time to fish. He lives on the river, but this is a matter of principle. The biggest cause of the changes in the river is the river itself. It's the ice in the spring. Wakes are a minor problem. Many people don't want the additional traffic, but it is a public river. The City is growing, and there will be more people using it. He has never seen water skiers on the river, though there have been jet skis. Why take everything out? He suggested modifying the ordinance to a maximum of 10 mph so that one can get from one place to another to fish. Clint Larson - has lived on the river for 20 years. He's observed a number of people fishing, and many canoeing and tubing. Lately there has been evidence of personal water craft, jet skis, and relatively large pontoons and speed boats. That ultimately creates a problem environmentally on the river. He felt the Planning Commission did an excellent job in making their recommendation. He is concerned with the safety of the kids on the river, those in tubes and canoes, when there are vehicles traveling at excessive speeds as well. He felt the issue of fishing is an excellent one. When first moving to Andover he thought there was an ordinance restricting motor sizes to 9 1/2 horsepower, but he then found that wasn't true. The Rum River is one of the assets of the City which should be protected for all residents. Paul Henrv. 4217 149th Avenue - concurs with the comments made this evening. He agreed with some of the comments that speed probably is noc .-. . _< -0 _,.._ [' Regular Andover City Council Meeting Minutes - June 17, 1997 Page 11 ("Slow Wake" Odinance 231/Rum River/Update, Con tinued) eroding the shore line, and he didn't think anyone would try to water ski on the river. There are some flaws in the ordinance, including the definition of watercraft. He felt it is possible to allow fishing boats to get from point A to point B and still preempt jet skis. He encouraged the Council to consider reviewing the speed limit to enable people to fish and enjoy the river. Even canoes go in excess of 5 mph. Certainly 10 mph would serve everyone's cause properly, and he asked the Council to consider that change. John ? 176th Avenue - has a boat with higher horsepower and would . like to continue using it, but he agrees some areas would require slowe~ speeds. He didn't think it should be a blanket ban on the river or all the way along it. He's flown over the river a number of times, and it seems to change whether there are boats on the river or not. All factors should be considered. He also noLed not everyone received notification, so a greater effort should be made to let everyone know of these changes. Mr. Johnson stated they notified everyone along the river by mail; however, quite a few letters were returned. ....:L - stated if that is the case, then this should go back for a total review for everybody. He only knew about it because he watched the Planning Commission meeting on cable. It is only fair that those who didn't get notices be given another opportunity. In response to Councilmember Knight's question on jet skis creating damage on the shores, he stated a fishing boat going 10 mph can cause some bank erosion, but that would happen regardless of the jet skis. He felt a compromise is in order to satisfy many people. He also felt this is a relatively low item on the priority list for the community. The Council discussed the possibility of returning the item to the Planning Commission for another hearing. Another suggestion was to wait until comments are received from the DNR. They asked Staff to research the DNR's opinion on the need for these restrictions. It was then agreed to wait until a report is received from the DNR and then reschedule the item. AMEND ORDINANCE 8, SECTION 4. 30/NON-CONFORMING OCCUPATIONS Councilmember Orttel noted the ordinance appears to be exactly what the Council had talked about. Mayor McKelvey and Councilmember Dehn had a concern that only one complaint was needed. Mr. Carlberg explained when a complaint is received. Staff will inspect, give notification and provide a reasonable period of time to correct the issue. If the inspections reflects nothing is wrong, the complaint will be dismissed. This specifically relates to those non-conforming prior to 1990. The permit allows them to operate as they are currently operating. Councilmember Dehn suggested articles be placed in the Andover Times explaining the necessity of applying for the Home Occupation Permit. ., --- ....-.._-.-,.,~_.-.. -. ".. ... [ Regular Andover Ci ty Council Meeting Minutes - June 17, 1997 Page 12 (Amend Oridnance 8, Section 4.30/Non-Conforming Occupations, Continued) James Junker. 13503 Crooked Lake Boulevard - felt three complaints should be needed before something is done because some people do not investigate things. He noted the allegations made against him regarding employees working there and the manufacturing of doors in his garage, neither of which are true. He alleged the Staff never investigated the complaints, and it created a lot of headache and harassment for him. Now his garage is being taxed as a commercial building. He again called for three complaints, plus those complaints should be public record. Mr. Johnson explained the county contacts the City to get a list of home occupations. The county does that in other communities as well. Councilmember Orttel stated this is much better than the previous ordinance that required three complaints; but upon receipt of those complaints the business would be shut down. The Council verbally agreed to a $50 one-time permit fee for the Special Home Occupation Permit application. MOTION by Orttel, Seconded by Kunza, to approve Ordinance No. 8ZZZZ amending Ordinance 8, Section 4.30, Home Occupations. Motion carried on a 4-Yes, 1-No (Dehn) vote. APPROVE PRELIMINARY PLAT/HAMILTON SQUARE Mr. Carlberg reviewed the proposed preliminary plat of Hamilton Square located in the northeast corner of Crosstown Boulevard and Hanson Boulevard. The 24. 9-acre parcel consists of seven commercial lots ranging in size from 1.73 to 4.91 acres. He also reviewed the comments of the Andover Review Committee regarding the additional right-of-way required by the county along Crosstown Boulevard; the intent to designate Lot 3, Block 1 a stormwater retention pond and to cover the lot entirely with a drainage and utility easement; the issue of the stormwater drainage to the north and the need to coordinate with the plat of Chesterton Commons; and the requirement of a 10-foot wide bituminous bikeway/walkway along Hanson and Crosstown Boulevards to be financed SO/50 between the developer and the City. The Planning and Zoning Commission is recommending approval with conditions. The Park and Recreation Commission will be reviewing the plat on June 19, thougn they recommended cash in lieu of land during the sketch plan stage. In discussing the park dedication, Staff inGicated the estimated park dedication is 10 percent of the fair market value, in this case $100,000. Mayor McKelvey noted the developers can hire their own appraiser if they disagree with that appraisal. Mr. Carlberg also explained the trail system is looked at as a part of the transportation system, not parks. The proposal for trails is the same as was done for Chesterton Commons and Woodland Estates. Mr. Erickson noted it is a timing issue for Hamilton Square. Until the plat and easements get dedicated to the City, the City doesn't have the right to allow water to discharge through the Chesterton Commons plat. Therefore, the discussion as been to construct the pond on Lot 3 large T Regular Andover City Council Meeting Minutes - June 17, 1997 Page 13 (Approve Preliminary Plat/Hamilton Square, Continued) enough to handle the water from Lots 1 and 2 of Block 1. The pond will be capable of handling two lOa-year storms back to back without an outlet, which is an acceptable option. Staff needs to look at those calculations more closely, but it appears that option will work. Jeff Shopek. Loucks & Associates. Inc. - stated it appears the timing of this project and that of Chesterton Commons doesn't work to provide an outlet for storm drainage to the north so they can build on Lots 1 and 2. Since those are the only two lots slated for development at this time, they would be willing to hold off the rest of the development and build the pond for zero discharge, the same as the City Hall and schools have done, to provide for two lOa-year storms on top of each other without discharge. With that, they could proceed with this portion of the development and work out the details with the engineers of Chesterton Commons on an alternative discharge to the north. Councilmember Orttel felt that is just delaying the issue. There are no easements showing where the trunk is going to the north. Mr. Erickson stated the lot with the pond will be dedicated as drainage and utility easement. Staff is also recommending a property owners' association tJ maintain Lot 3. Also, to get sewer and water to Chesterton Commons, it is proposed to go through the Hamilton property. Until this is platted, those easements don't exist. Gordon Jensen. Attornev for the developers - noted a letter from the U.S. Postal Service stating their position on the pond and ownersbip of it. They will not locate there if they have to have ownership or participation in the ownership of the pond or association. The position the City Staff is taking that they will contribute toward maintenance was made by one postal staff person and is not enforceable. So they are left with the clinic of Health Partners and potentially others south of Bluebird to maintain Lot 3 if an owners' association is required. The idea of an owners' association for commercial property is not sound. There are no commercial owners' associations, and certainly none that are selective and require certain property owners to pick up the expenses of storm water for adjacent neighbors. So they are opposed to the property owners' association. The Planning Commission also rej ected the Staff's recommendation, and they accept the proposed Resolution in that regard. They would like to see Lot 3 maintained as a separate lot. He assumed the City would be maintaining it the same way it does the approximately 100 other ponds in the City. Councilmember Orttel noted the City has tried to avoid outlots. In the past the lots have flared out to include the outlots, but now the watershed is opposed to that. Mr. Jensen - stated at the present time they have a controlled time frame for the development of the two lots to the north. That is not the case for the lots south of Bluebird. To develop the two northern lots, they have decided to accommodate 100 percent of the stormwater on site because Chesterton Commons may not go forward as quickly as they need them to for those northern lots. They would agree not to do any development on the southern portion of the property until such time as they could accomplish the connection to the north with a minimal -. - --. -. -_. .- i -r: Regular Andover City Council Meeting Minutes - June 17, 1997 Page 14 (Approve Preliminary Plat/Hamilton Square, Continued) discharge stormwater required or develop the southern portion to accommodate the necessary storm water on site to the south even if it means losing a developable lot. This plat does have access to sewer and water without being involved in the Chesterton Commons development. Their intention would not be to allow any utility crossing of Lot 3, Block 1 until they are able to hook up to the north for stormwater drainage. They would probably have to use 100 percent of that area to accommodate the two lOa-year storms. Councilmember Dehn asked about the accesses onto the county roads and the issue of the stormwater drainage to the north. The drainage to the north is not what the City Council discussed. She admonished the attorneys, developers and engineers to work together to resolve the drainage issue. Mr. Shopek stated the letter from the county allows full turns onto both Crosstown and Hanson Boulevards. The plat shows the 27-foot easement that will be dedicated to Crosstown Boulevard. From an engineering standpoint, he felt the drainage to the north is easily resolved. It is a matter of sizing the drainage piping, which can still be done because nothing is constructed yet. Mr. Jensen stated the reason the alternate plan is proposed is to allow more time to resolve the stormwater drainage issue. Councilmember Orttel commented by the proposal to store the water on site for Lots 1 and 2, three or four unbuildable parcels are being created. Councilmember Dehn asked about the 50/50 cost share of the trails. Mr. Jensen stated they will accept the 50/50 cost share of the trails plus the park dedication to get the plat appro'ved subject to the final resolution of the Supreme Court case on impact fees. In his professional opinion, the trail fee is an impact fee. Jerrv Windschitl. Ashford Development - stated the approval of Hamilton Square without allowing the extension of sewer and water to the north could be holding hostage his plat plus the development of those properties to the north. He stated that is unreasonable. Any plat with a trunk sewer and water line on it has had to bring it to the limits of the boundary to give the property adjacent to it the right to develop. They are being asked to subsidize a commercial development by allowing them to use a system he is developing and paying for in Chesterton Commons. Plus there will be a detrimental effect on four of his lots because an easement would be placed over them. He stated clearly there is capacity in the stormwater system to the south for this plat. He went into some detail on the calculations done by his engineer regarding the amount of water Hamilton Square will be contributing to Ditch 37. It has a dramatic effect, and they have designed their system for residential use. Mr. Windschitl also pointed out the proposed drainage and pipe for stormwater from the Hamilton Square project to his plat and the lots that would be affected. Mr. Erickson noted the intent is to loop the water system for Hamilton Square by a connection between two residential lots along the easement. The watermain in Bluebird in Hamilton Square would extend north through the development of Chesterton Commons. _ _ _ _ __ _.*þ_ ._.._. L .... .. 1- r Regular Andover City Council Meeting Minutes - June 17, 1997 Page 15 (Approve Preliminary Plat/Hamilton Square, Continued) Mr. Windschitl - stated it is a loop for Hamilton Square, not for Chesterton Commons. Steve Martin. Administrator for Mork Clinic - stated Health Partners is financing and constructing this clinic, and it is a very integral part of their plans for their ability to remodel and renovate their main building in Anoka. They had originally intended to open in September. They are frustrated, and he asked the Council to do whatever it can to allow this development to proceed for both the post office and their clinic. It would be a shame for the community if the post office and clinic did not get built. Winslow Holasek - stated it was not the developer's request for the stormwater to go north. That is the professional opinion of the developer's engineers, the City Engineers, the consulting engineers and the Coon Creek Watershed. If the City Hall and schools are allowed to pond two 100-year storms, then it should be allowed for this development as well. That would only be temporary until there was a solution to an outlet to the north. Though he noted that none of this discussion on stormwater would be taking place if the Xeon storm sewer had been engineered properly. Mr. Windschitl - stated the copies of the plan still show the site grading, as they interpret them, as water draining from this property onto the backs of his lots. If approved, they would like that issue resolved. Also, the pond elevation as shown on the 100-year flood has .0 of a foot that will not be contained. He noted that they do not intend to plat the eastern section of the plat this year. Mr. Shopek - stated the issue of not putting sewer and water across the northeast parcel is the same issue as not being able to discharge to the north. He felt it all can happen, and that is what they are trying to do. They too did an extensive computer model on the storm drainage. The flow rates and their numbers have been approved by TKDA and the Watershed. It was the City's request to loop the watermain to the north, and they are accommodating that requirement by going between two lots. However, they are not affecting the buildable area of them. They would like the time to work out these issues with Ashford Development, but in the interim they would like to develop the two northern lots for the clinic and post office. The discussion continued on the drainage issue and the frustration expressed by the Council that this has been discussed at least three times on the Council level and it appears that nothing has changed. Attorney Hawkins advised that the plat could be approved as proposed by the developer's attorney to develop only Block 1 of the plat and retain all of the stormwater on site. Then the Hamiltons and Ashford Development would have to work out the remaining issues of an outlet fo~ the stormwater and utility extension to Chesterton Commons so that both parcels could be developed. That way the City would still get the clinic and the post office. -- ------, -- r..··-- - . --.-,......... '... , - I , ' Regular Andover City council Meeting Minutes - June 17, 1997 Page 16 (Approve Preliminary Plat/Hamilton Square, Continued) After further debate, there was no agreement as to whether to proceed with the plat as submitted or to accept the City Attorney's recommendation to approve Block 1 including the on-site ponding. It was finally agreed that the i tern be tabled for one week, along with the remaining items on the agenda, to allow all parties to come to a resolution of the utilities extension and stormwater drainage outlet. The item was tabled to Tuesday, June 24, 1997, at a Special Citý Council. APPROVAL OF CLAIMS MOTION by Dehn, Seconded by Orttel, approval of Claims as presented this evening in our packets to the tune of $289,062.50. Motion carried unanimously. MOTION by McKelvey, Seconded by Kunza, to recess until next Tuesday night at 7 p.m. at the City Hall in the Conference Room to finish the Agenda. Motion carried unanimously. The meeting was recessed to Tuesday, June 24, 1997. 12:29 a.m. Respectfull~ submitted, \Y\~~::l Marcella A. Peach Recording Secretary "-. - -, .~. _. -- ~---- - - .----- - -,