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HomeMy WebLinkAboutCC June 24, 1997 ~.~ , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular Continued City Council Meeting - Tuesday, June 24, 1997 agenda To be held in Conference Room A & B Call to Order - 7:00 p.m. Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion ltems I. Dog Bite 2. Approve Preliminary PlatlHamilton Square, Continued hamilton 3. Order Feasibility Report/97-26/Hamilton Square pet9726 4. Approve Feasibility Report/97-8/Chesterton Commons appr978 S. Approve Plans & Specs/97-9/Section 23 (Chesterton CommonslHamilton Square)/ appr979 Trunk Sanitary Sewer & Watermain 6. Approve Chesterton Commons Revised Grading Plan, Cont. chestert 7. Comprehensive Plan Task Force Update/Survey Results update 8. Mission Statement Review mission 9. Discuss Ord. 214/Disease Shade Tree Ordinance trees 10. lunkyard License Renewal junkyard II. Discuss Rezoning/I 40th Lane NW & Prairie Road rezoning 12. Update on Public Works Building/96-IS public 13. Continue Public HearinglRedevelopment PlanlPublic Works Building/96-lS ph9615 14. Adopt Financing Program/Street Rehabilitation strrehaÞ IS. Septic System Dump Station Update septic 16. Schedule Ribbon Cutting Ceremony94-33/Commercial Boulevard NW Extension 9433 17. Schedule Focus Session - Andover CommerciallIndustrial Park EDA Meeting 18.Approve ResolutionlEstablishing the Redevelopment Project Area redevelp 19. Accept Applications & Schedule Interviews for EDA applications Non-Discussion/Consent ltems 20. Approve Quotation for City Hall Shrubbery Irrigation Installation/94-30E 9430E 21. Approve Plans & Specs/9S-12/Well #6 appr9512 22. Award Bid/9S-24/Coon Creek Bikeway/Walkway Trail bid9524 Mayor-Council Input Adiournment .. , , . .------ .' ) I CONTINUED ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 24. 1997 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Approve quote for City Hall shrubbery irrigation/IP94-30E · 1 Resolution R148-97 approving plans & specs/IP95-12/Well #6 · 1 Resolution R149-97 awarding bid/IP95-24/Coon Creek Bikeway · 1 DOG BITE Resolution R150-97 declaring dog owned by Sandra Stanley, 2720 138th Ave as Biting Dog · · · · · · · · 1 PRELIMINARY PLAT/HAMILTON SQUARE · · · · · · · · · · · · 1 Resolution R1Sl-97 approving preliminary plat · · · · · · · 4 FEASIBILITY REPORT/IP97-26/HAMILTON SQUARE Resolution R152-97 ordering feasibility · · · · · · · · · 6 FEASIBILITY REPORT/UTILITIES UP CROSSTOWN BOULEVARD Resolution R153-97 ordering feasibility · · 6 FEASIBILITY REPORT/IP97-8/CHESTERTON COMMONS · · · · · · · · 6 Resolution R154-97 approving the feasibility · · · · · 7 PLANS AND SPECS/IP97-9/SECTION 23 Motion to table · · · · · · · · · · · · · · · · · · 7 CHESTERTON COMMONS REVISED GRADING PLAN . · · · · · · · 7 Resolution R155-97 approving the revised grading plan · · · 8 JUNKYARD LICENSE RENEWAL Motion approving licenses for Anoka Auto Wrecking and Mom's Auto Salvage · · · · · · · · · · · · · · · · 8 COMPREHENSIVE PLAN TASK FORCE UPDATE/SURVEY RESULTS · · · · · 9 MISSION STATEMENT REVIEW · · · · · · · · · · · · · · · · 9 ORDINANCE 214/DISEASE SHADE TREE ORDINANCE · · · · · · · 10 DISCUSS REZONING/140TH LANE NW AND PRAIRIE ROAD . · · · · · · 10 UPDATE ON PUBLIC WORKS BUILDING/IP96-15 · · · · · · · · · · 11 ADOPT FINANCING PROGRAM/STREET REHABILITATION . · · · · · · 11 Motion to adopt 1% tax rate over a 5-year period · · · 12 SEPTIC SYSTEM DUMP STATION UPDATE Motion to approach property owners for easement · · · · 12 SCHEDULE RIBBON CUTTING CEREMONY/IP94-33/COMMERCIAL BOULEVARD (July 15, 6:30 p.m.) · · · · · · · · · · · · · · · 12 SCHEDULE FOCUS SESSION - ANDOVER COMMERCIAL PARK (July 9, 6 p.m.) 12 MAYOR/COUNCIL INPUT Projects · · · · · · · · · · · · · · · · 13 Council Chambers · · · · · · · · · · · · 13 Well #2 . · · · · · · · · · · · · · · · · 13 Snowmobile Task Force Update · · · · · · · · · · 13 Rum River . · · . · · · · · · · · · · · · · 13 ADJOURNMENT . · · · · · · · · · · · · · · · · · · · · 13 - . .-" ~- -< -" -._- ~.. - - - - .~-- äflY'- .,J-û{J f/drf /0 /~9? CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CONTINUED CITY COUNCIL MEETING - JUNE 24, 1997 MINUTES The Continued Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, June 24, 1997, 7:06 p.m. , at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Knight, Kunza councilmember absent: Orttel Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Planner, Jeff Johnson City Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL MOTION by Kunza, Seconded by Dehn, to approve the Agenda as printed. Motion carried on a 4-Yes, 1-Absent (Orttel) vote. CONSENT AGENDA Item 20 Approve Quotation for City Hall Shrubbery Irrigation Installation/IP94-30E Item 21 Approve Plans and Specs/IP95-12/Well #6 (See Resolution R148-97) Item 22 Award Bid/IP9S-24/Coon Creek Bikeway/Walkway Trail (See Resolution R149-97) MOTION by Dehn, Seconded by Kunza, approve the Consent Items as designated. Motion carried on a 4-Yes, l-Absent (Orttel) vote. DOG BITE Mayor McKelvey reported a dog owned by Sandra Stanley, 2720 138th Avenue NW bit Faye Tiegland on June 8. According to the police report, this dog has been involved in other attacks within the last several years. There was no one present to give testimony. MOTION by Dehn, Seconded by Kunza, to declare a dog owned by Sandra Stanley at 2720 138th Avenue NW as a "Biting Dog". (See Resolution R1S0-97) Motion carried on a 4-Yes, 1-Absent (Orttel) vote. APPROVE PRELIMINARY PLAT/HAMILTON SQUARE, CONTINUED Mayor McKelvey reported he attended a meeting this afternoon with Jerry Windschitl, Ashford Development, and the attorney for the Hamilt~ns. .. , -. . .--- -. - I Continued Andover City Council Meeting Minutes - June 24, 1997 Page 2 (Approve Preliminary Plat/Hamilton Square, Continued) Councilmember Dehn asked several questions relating to stormwater drainage. Mr. Erickson explained the City has received a revised grading plan that indicates another storm po~d in the southwest corner of the plat to help with ponding two 100-year storms on site. If approved, the plat should be contingent upon further review of the City and the Watershed. The Watershed wants to review the new proposal to be sure it meets their drainage requirements. Jeff Shopek. Loucks & Associates. Inc. - stated they are maximizing their storm drainage on the site. The entire site will drain to Bluebird Street, then to the pond to store two 100-year storms with no discharge. In the southwest portion of the site it drains southwest, which also has enough capacity to hold two 100-year storms on top of each other with no discharge off the site. Councilmember Dehn asked about the entrances onto the county roads. Mr. Erickson reported the roads meet the county requirements for setbacks. The county is satisfied with the proposal for full intersections of Bluebird Street at Hanson and at Crosstown Boulevards. The developer is also aware of the county's intent to realign Crosstown Boulevard at the intersection of Hanson. The county roads are capable of handling thp. traffic for this commercial area. Councilmember Dehn asked about the proposed traffic on the cul-de-sac to the south. Gordon Jenson, Attorney for the Hòmiltons, stated they don't know how that property will be developed or who the users will be. The only reason for showing the cul-de-sac is to let the City know what could be there. It could come back as a replatted area in the future. Mayor McKelvey asked for a motion on the proposed Resolution approving the preliminary plat of Hamilton Square by Edward and Lora Hamilton located in Section 23, Township 32, Range 24, Anoka County. MOTION by Dehn, Seconded by Kunza, to so move. DISCUSSION: Steve Nash. Attornev representinq Ashford Development - stated their concerns are only those that affect the rights of Ashford Development. To protect those rights they are proposing: 1} Any water from the Hamilton Square property that would drain to the north should pay to go into the private system being developed and constructed by Ashford Development, just as it would pay $0.04 square foot to drain south into the City's stormwater system; 2) Ashford Development has an absolute right to access the sanitary sewer and watermain, and another developer does not have the right to cut off adj acent property. Ashford Development has paid a great deal of money with some approvals with the understanding that there will be sanitary sewer to the property. 3) Their preference for the stormwater drainage for Hamilton Square would be to drain to the south. If it is to drain north, Ashford Development would agree to provide a 40-foot easement along the westerly portion of Chesterton Commons so that only one lot would be affected instead of four. Ashford Development would request a payment for the 40 - foot -- .._-~---~-..._... ..' " ) Continued Andover City Council Meeting Minutes - June 24, 1997 Page 3 (Approve Preliminary Plat/Hamilton Square, Continued) easement over the land of $6,000 plus expenses for the diminished value of the land. 4) They would request that Hamilton Square pay for any oversizing and pay $0.03 square foot for their land less any land under the lOa-year flood. That is essentially the same thing the City does, except they charge $0.04 square foot. That would be paid to Ashford Development and Cambridge Capital, which is developing property to the north of Chesterton Commons. 5) They woul~ require the Hamiltons to dedicate the sanitary sewer easement on the final plat of Hamilton Square. 6) They ask that the City of Andover not allow other properties to drain into the Hamilton Square ponding system and that the approval of the Hamilton Square ponding and drainage plan will not result in any governmental change in regulations, approvals or conditions with respect to Chesterton Commons. In other words, they don't want to be asked to raise the basements of their houses because the City wants other areas to drain into this one. Mr. Nash stated Ashford Development will not be finalizing the plat of Chesterton Commons in 1997 over the area being talked about. It is not known when that area will be finalized, depending on the economic market; but they would not go forward with the construction of utilities until the final plat. He emphasized that under this proposal, the Hamiltons may never have to pay them anything if they do not tie their drainage into Ashford's system. The Hamiltons can look at other alternatives of getting rid of their water; but on the other hand, they will know the costs if they want to use Ashford's system. They do not consider it a trade off between the rights to the sanitary sewer and the rights to discharge water on their property. If the project is approved without extending sanitary sewer and water, it will stop everything that is adjacent plus those properties to the north. Mayor McKelvey stated the utilities can be run north along Crosstown Boulevard. Mr. Nash stated if the City can provide the sanitary sewer in a timely manner, they will not object to it; but they would be concerned if the cost was considerably more or if it involved a great deal more time. The Mayor and Mr. Nash discussed the timeline of the projects, when the drainage issues were known, and rights relating to draining water onto or through another's property. Joe Levan. reDresentinq Cambridqe CaDital - stated Mr. Nash called him regarding the basics of the agreement reached this afternoon. The easements Mr. Nash referred to between Ashford Development and Cambridge Capital are not for the Hamiltons, so the agreement would have to be altered. They are not opposed, but are concerned with dumping excess water into the system that they mutually designed and developed. If there is drainage and ponding of water to the north, they want assurances that no other property owners can drain into the Hamilton pond. He is not a party to the agreement but wants it on the record that if the Hamilton's water goes north, that the engineering woulJ satisfy his engineers that they won't have to change the elevations of any of their basements or lose any lots. - <--- - -T'....~._-- .. -_.._.-....~-.. >-.. '.. 'I Continued Andover City Council Meeting Minutes - June 24, 1997 Page 4 (Approve Preliminary Plat/Hamilton Square, Continued) Gordon Jenson. Attornev for the Hamiltons - stated they are amenable to discussing a resolution to the problem, but it is unrelated to the plat before the Council tonight. The plat as proposed holds the stormwater on site. They will continue to work to seek a resolution to the stormwater drainage and right-of-way issue. Mr. Nash indicated there was no agreement this afternoon. His comments were on their proposal to resolve this; however, in their proposal, the Hamiltons are not indicating the easements to the sanitary sewer and watermain. Mayor McKelvey read a statement from Staff asking that the following be added to the Resolution: 1) The plat be contingent on Staff reviewal and approval in compliance with City ordinances, policies and guidelines; 2) The plat be contingent upon the re-approval of the Coon Creek Watershed District and all other appropriate agencies; 3) All conditions presently listed on the Resolution; 4) The execution of a Development Contract between the City and the developer; and 5) That the owner will dedicate all easements at the time of the final plat. A lengthy discussion ensued on a clarification of Item 5 as to whether the dedication of the sanitary sewer and water easements is to take place upon the filing of the final plat for Lots 1 and 2, Block 1; or upon the finalizing of Lots 1, 2 and 3 of Block 1; or upon the filing of the final plat for the southern portion of the preliminary plat. Discussion was also on the relevance of Item 5 in the prepared Resolution: Stormwater drainage to the north be coordinated with the drainage of Chesterton Commons. This is strongly recommended by th2 Planning and Zoning Commission. Mr. Jenson stated as long as it was clarified that the sanitary sewer easement was not given at the time of the final plat, then they would plat Lot 3 along with Lots 1 and 2 of Block 1 and leave the portion south of Bluebird Street for a later time. It is not their intent to include any further development to the south at this time. Jerrv Winds chi tl. Ashford Development - stated without the utility easements, he is being cut off from the extension of utilities. Councilmember Dehn AMENDED THE MOTION to include the five items read by the Mayor as recommended by Staff. Also, add to Item 5 in the proposed resolution, "Stormwater drainage to the north be coordinated with the drainage of Chesterton Commons and/or be self-contained within the plat." Second Stands. (See Resolution R1Sl-97) DISCUSSION CONTINUED: The discussion resumed to when the utility easements will be dedicated. Mr. Fursman explained the Staff was intending to add an item to the Resolution to provide for the utility easements upon the final plat. The Staff cannot answer whether or not the final plat includes the ponding area or whether the first phase will consist only of Lots 1 ani 2, Block 1, or if the utility easements be dedicated in the final "- .-- - - - _< -" -__ -_. __ __. __ _. ___ _ _ ._ "~N.' ._~ _ .. ..._, ,._~.._..... ..... ) Continued Andover City Council Meeting Minutes - June 24, 1997 Page 5 (Approve Preliminary Plat/Hamilton Square, Continued) platting of the second phase. The timing of the plat relates directly to whether or not there will be utility easements across the pond. It is Staff's suggestion that the utility easements would be provided through the ponding area. Mr. Erickson clarified it would be a drainage and utility easement over that area. Sanitary sewer is stubbed there; and once the easement is attained, it would be extended through the property. Mayor McKelvey stated after this vote he intends to ask for a feasibility study to extend the sanitary sewer and watermain u¿ Crosstown Boulevard so Ashford Development will have direct access to them. The intent was to extend that line eventually anyway. Mr. Nash pointed out in any other plat, the City would require the extension of the utilities to the boundary line to allow ¡or the development of the next parcel. Mr. Levan stated Cambridge Capital agrees with the Staff proposal that the utility easements be given with the Hamilton 8quare plat. Otherwise, they are being held hostage and would not be able to develop. The debate continued regarding the dedication of the utility easements. Councilmember Dehn expressed frustration and disappointment that the two developers have not resolved the drainage and utility issues, to the point of not wanting to approve any further development by either side until it is resolved. She asked about the legality of approving the preliminary plat of Block 1 of Hamilton Square with all easements in place but not allow any further development until the two sides have reached an agreement. Winslow Holasek - felt the Hamilton Square plat should be allowed as proposed with the ability to contain two lOO-year storms on site and without an outlet, just as the City Hall and the schools have done. If the criteria is met for the storm drainage, the plat should be approved. Councilmember Knight noted the issue now is the utility easement for sanitary sewer. Mr. Nash stated without the approval of the easements, they are being held hostage. The Hamiltons will get their project and will have no incentive to negotiate with the~. Attorney Hawkins advised that once the easements have been dedicated to the edge of the property, the adjoining property has the right to use it. The question is how to get the two parties to negotiate. The Council can approve this plat without the utility easement but not allow the Hamiltons to develop the rest of the property until they have off- site drainage. By the same token, Mr. Windschitl can't develop his property through this area without the utility easement. That provides both an incentive to work out an agreement. Mr. Fursman stated there has been an assumption made by Mr. Nash that the utility for stormwater drainage to go north through Chesterton Commons is owned by Chesterton Commons. It is not. The City would require it, as a part of the improvement, to be sized appropriately to allow the Hamilton property to drain into it. The cost of the oversizing of the pipe to create that accessibility would be paid for by - - - T....'M._-. - --- .._._~..~- >-." ,.... .-, I Continued Andover City Council Meeting Minutes - June 24, 1997 Page 6 (Approve Preliminary Plat/Hamilton Square, Continued) the City. At the time of the final plat of Chesterton Commons, that utility, the pipes and the easements, are City property. If the Hamiltons ask to use this facility, the City could agree and would require them to pay for the oversizing of the pipe and any other costs the City would have associated with the development. Therefore, he suggested that the City require the sizing of the storm drainage in Chesterton Commons to handle the appropriate stormwater runoff from the Hamiltons. The Hamiltons would not have to pay anything to Ashford. Mr. Nash disagreed, that the utility is a part of Chesterton Commons. They should not have to accommodate other problems not created by Chesterton Commons. It constitutes a taking to have easements over the land. Attorney Hawkins thought the motion as proposed will work. Neither the Hamiltons nor Ashford Development will be able to develop furtheë until they get an agreement in place on the stormwater and utility easements. The City always had the right of eminent domain if easements are needed. Councilmember Dehn called the question. Motion carried on a 4-Yes, 1-Absent (Orttel) vote. ORDER FEASIBILITY REPORT/IP97-26/HAMILTON SQUARE MOTION by Dehn, Seconded by Kunza, the Resolution declaring adequacy of petition and ordering preparation of a feasibility report for Hamilton Square. (See Resolution R1S2-97) Motion carried on a 4-Yes, 1-Absent (Orttel) vote. FEASIBILITY REPORT/UTILITIES UP CROSSTOWN BOULEVARD MOTION by McKelvey, Seconded by Dehn, to order a feasibility report from TKDA of running the main sanitary sewer and watermain up Crosstown Boulevard from its present location. DISCUSSION: Mayor McKelvey thought the study should go as far as the railroad tracks, as eventually the sewer will go that far. Mr. Erickson stated the line in Crosstown Boulevard may not be able to service all the way to the railroad tracks. Mayor McKelvey ADDED TO MOTION: look as far as that line will service and bring back the feasibility report on that (See Resolution R1S3-97) Motion carried on a 4-Yes, l-Absent (Orttel) vote. Mr. Holasek asked that a feasibility study for stormwater drainage for the area north of Crosstown Boulevard be done so that other property owners do not have to go through this same laborious process when developing. Mayor McKelvey stated that will be reviewed with Staff, possibly as an item on the next agenda. APPROVE FEASIBILITY REPORT/IP97-8/CHESTERTON COMMONS Mr. Erickson explained the Council is asked to review the feasibility report and a revised grading plan. The feasibility report is based on .~ - ..--~_.-......~-...... . .... Continued Andover City Council Meeting Minutes - June 24, 1997 Page 7 (Feasibility Report/IP97-B/Chesterton Commons, Continued) the previously approved grading plan and does not address some of the changes. If the revised grading plan is approved, the feasibility report would also be revised to reflect those changes and would be brought back for approval at the next meeting. Staff will be proceeding in good faith that they will work out the agreements to get the trunk sanitary sewer and water easements resolved. Jerrv Windschitl. Ashford Development - stated the changes are mainly for storm sewer and revisions asked for by Staff. Most are reductions in the storm sewer and the regrading that allows those changes. The lot configurations have not changed. Mr. Erickson stated the revisions were at the request of the developer, not the Staff. Staff reviewed three or four submittals to come up with something that would be workable and that meets the ordinances. He again recommended approval of the feasibility report with the condition that a revised report be provided with any changes that might occur with the grading plan. MOTION by Dehn, Seconded by Kunza, to move the Resolution as presented this evening. (See Resolution RIS4-97) Motion carried on a 4-Yes, 1- Absent (Orttel) vote. APPROVE PLANS AND SPECS/IP97-9/SECTION 23 (CHESTERTON COMMONS/HAMILTON SQUARE}/TRUNK SANITARY SEWER AND WATERMAIN Mr. Erickson stated based on the motion made earlier this evening to study the extension of trunk sanitary sewer and watermain up Crosstown Boulevard, it wouldn't be appropriate to act on this item. Mayor McKelvey suggested the item be tabled until the feasibility study for utilities up Crosstown Boulevard is presented. MOTION by Knight, Seconded by Dehn, to so move. Motion carried on a 4- Yes, 1-Absent (Orttel) vote. APPROVE CHESTERTON COMMONS REVISED GRADING PLAN Mr. Erickson explained Staff has not done a full engineering review on the most recent submittal of the revised grading plan for Chesterto:J Commons, nor has the Watershed reviewed it. The developer submitted modifications on some of the storm sewer layouts. Those modifications to the northwest look like they will work. In the southwest corner, a drainage swale storm pond has been removed from the proposal, the storm sewer pipe extending north has been pulled closer to the intersection of Eagle and 164th Avenue, and some storm sewer elevations have been modified. They need to review some of their drainage calculations and look at it in relation to the Hamilton property if a connection could be made there. Councilmember Dehn stated there is a great deal of concern by people downstream along Ditch 37 and Coon Creek about adding more water to the drainage. She realized it has been approved by the engineers and by the .-- --_.._.__..~- >-.. . .... .-. Continued Andover City Council Meeting Minutes - June 24, 1997 Page 8 (Approve Chesterton Commons Revised Grading Plan, Continued) Watershed, but there is a great concern nonetheless. Mr. Erickson stated the discharge has been looked at ver} closely, and that is the reason the Watershed has placed even further restrictions on the developers regarding the discharge into this drainage sensitive area. He also noted that some modifications have been made to the area to the north which may require some variances on a few lots that weren't identified on the preliminary plat. Jerrv Windschitl. Ashford Development - stated four lots are involved, and he thought one or two of them may have already had variances granted. They have an obligation under the wetland laws to try to minimize the impact on wetlands. On the four lots, there would be depth variances so they couldn't impact the wetland on the back of the lots. Mr. Erickson stated Staff may have to come back to the Council for those variance approvals. MOTION by Knight, Seconded by Dehn, to approve this plan contingent upon approval by the Staff as well as the Watershed. (See Resolution R15S- 97) Motion carried on a 4-Yes, 1-Absent (Orttel) vote. JUNKYARD LICENSE RENEWAL Mr. Carlberg explained the application for Anoka Auto Wrecking meets all the requirements. Commercial Auto Parts did not make an application. Mom's Auto Salvage has made application for a license, but both Commercial Auto Parts and Mom's Auto Salvage are in violation of the screening requirements. The Council could deny the licenses because of noncompliance, issue the licenses with the condition that the screening requirement be met within a certain time period, or vary from the screening requirement with the understanding that the City will be acquiring both yards within the licensing year. Since the City is in the process of acquiring both Commercial and Mom's Auto, the cost of constructing the fences, if required to do so, would be reflected in the amount the City would have to pay for the property. Attorney Hawkins estimated it would be about 120 days before the City could get the property unless something can be negotiated. Mayor McKelvey also noted that if granted a license, that portion still in effect when the City purchases the property would be pro-rated and would be included in the purchase price or refunded to the applicant. He also suggested that no action be taken on Commercial Auto Parts since no application was made, which means the business cannot operate as of July 1, 1997. MOTION by Dehn, Seconded by Kunza, to approve the license for Anoka Auto Wrecking. Also approve the license for Mom's Auto Salvage with the inclusion of No.3, vary from the screening requirement with the understanding that the City will be acquiring this yard within the licensing year. And no action be taken on Commercial Auto Parts because of the lack of an application at this time. Motion carried on a i-Yes, 1-Absent (Orttel) vote. - --, ..__.~~- .... ....' ~..- Continued Andover City Council Meeting Minutes - June 24, 1997 Page 9 COMPREHENSIVE PLAN TASK FORCE UPDATE/SURVEY RESULTS Mr. Hinzman noted the summary of the survey of the residents taken this spring, expressing the disappointment of Staff and the Task Force of the small response. He also noted the main issues expressed at the Town Meeting held June 12 were on the concerns of transportation, preservation of the rural environment and development. Councilmember Dehn also stated the concerns of the residents were the lack of a transportation system and the police protection regarding the safety in their homes. Mr. Hinzman stated the responses received were not much difference than those from the 1991 survey except for the traffic. Councilmember Dehn felt the increase in population has generated more traffic concerns. Many of the concerns were on the safety of the children. A common question was why stop signs can't be used for traffic control. In discussing the number of responses to the survey, the Council suggested a booth be set up during the Fun Fest to have people fill out the questionnaire as long as they are at the activities. Possibly the survey could be divided into three separate sections and have people fill out a shorter survey of anyone section rather than the entire lengthy questionnaire. Mr. Hinzman stated he would be willing to have the surveys available at the Fun Fest for residents to fill out. MISSION STATEMENT REVIEW Mr. Fursman explained the Mission Statement was approved in 1995, but there seems to be a change in opinion on some items. Staff has been using the Mission Statement as the guide in dealing with developers, developing ordinances, etc,; but there have been times when Staff followed through on a Mission Statement and the Council seems to have changed its position, which is a waste of both the Staff's and Council's time. He suggested the goals and objections be re-evaluated. The document must be specific enough so Staff has the direction it needs. Goals, measurable objectives and bench marks are also needed as a part of the budget; these things cannot be ambiguous. Staff aims to prepare agenda items with an understanding of the Council's overall philosophy. He also felt that Staff could do a better job of reminding the Council of the Mission Statement when items relating to that document are before the Council. The Council discussed the importance of upholding a policy once it is in place, that opinions do change and the document probably should be reviewed every year, and that the problems which arose in some instances related to the one or two points in the Mission Statement that were important to a former Councilmember. It was agreed that the Mission Statement should be reviewed. Mr. Fursman stated some cities schedule a quarterly work shop, meeting the fifth Tuesday of the month, to discuss various issues. The Council agreed to schedule a work shop for early fall. ~-.- -. ---- .---- -T"....~.__. .._-~_._.~-,... ,. .~, -". Continued Andover City Council Meeting Minutes - June 24, 1997 Page 10 DISCUSS ORDINANCE 214/DISEASE SHADE TREE ORDINANCE Mr. Carlberg stated Section 13 of Ordinance 214 requires the planting of one tree in the front yard for each lot of record created after May 6, 1997. Other cities require trees to be planted in the boulevard, but Andover's policy has been not to allow any plantings in the boulevards. That is why this particular requirement was adopted. Councilmember Dehn agreed with reforestation but noted the requirement of a developer to plant a tree in the front yard takes away the individual freedom of the property owner regarding the placement and type of tree to be planted, or whether one is wanted in the front yard at all. It eliminates individual choices. She'd prefer to have an educational program to encourage people to plant and inform them of the choices available by directing them to the Horticultural Society, Extension Service, etc. Mayor McKelvey stated in looking around, there are very few lots without trees in the front yard. He did not think it is a problem, so it is not needed in the ordinance. Also, the developer may plant a different type of tree than what the homeowner wants. Mr. Carlberg summarized the Council's position that the Mission Statement should reflect more education versus actual tree planting. He suggested the item be brought back at the July 1 meeting removing Section 13. The Council agreed. DISCUSS REZONING/140TH LANE NW AND PRAIRIE ROAD Mr. Hinzman asked for approval to contact the property owners along 140th Lane west of prairie Road to discuss initiating a rezoning of their properties from R-1, Single Family Rural, to R-4, Single Family Urban. The area consists of eight homes and is completely surrounded by R-4 development. Utilities are already stubbed on 140th Lane. Mr. Carlberg stated Staff would send the residents a letter to ask if they would be interested in the rezoning. The reason for rezoning the entire street at once would be to eliminate having to do an individual rezoning seven or eight times each time a parcel wanted to split. The Council was concerned with causing an increase in valuation and taxes as a result of the rezoning. The ability to split a parcel may also depend on the location of the house on the lot. Mr. Carlberg stated the county is aware of the ability to split and the availability of utilities to these parcels. He did not feel the rezoning would affect the valuation, that those factors are already included in the property valuations. The rezoning would not require the property owners to hook up to utilities nor to split their parcels if they don't want to. The Council agreed to have Staff contact the residents for their opinion, noting they would not consider a blanket rezoning unless d majority favor it. They asked that the result of the initial contact be brought back to the Council. ..M. , Continued Andover City Council Meeting Minutes - June 24, 1997 Page 11 UPDATE ON PUBLIC WORKS BUILDING/IP96-15 Mr. Fursman stated originally the thought was that much of the site work was to be done with Tax Increment Financing funds. Because he does not feel comfortable using those funds at this time, he requested the Council consider adding those expenses to the bond for the Public Works Building. The estimate for the Public Works Building, the brick for the existing City Hall and communications remains the same, approximately $2 million. The additional site work is estimated to be $374,177 foi.' demolition and clearing, earthwork, site drainage, pavement, curbs and walks, retaining walls, landscaping and fees and permits. The reason he is proposing the site work to be done at this time is because that is what is required of anyone else coming to the City with a site plan. If everyone else is required to do it, the City should set the example and do it as well. While the site work could be done over a longer period of time, there is also a concern with the image of the City Hall complex site which is becoming the focal point of the City. Mr. Erickson went into greater detail on the specific site work to be done and estimated costs for each. Most are items that need to be done, and the decision is whether they should be done at one time or over a period of time. Mr. Fursman stated the TIF funds could pay for those costs, but it is difficult to forecast the amount of TIF funds that will be available because the City hasn't settled yet in the purchase of Commercial Auto and Mom's Auto Salvage. He does not want to put those purchases in jeopardy. By approving this item, the Council is not obligating that amount to the bond for the site work. It just gives them the opportunity to bond for it in the next month or two. Another option would be to use the proceeds from the land sales. The Council generally agreed the City should be doing what is requireJ of others, that the image of the City Hall complex has some importance, and that it may be more costly to spread the site work out over a period of years. There was also a question on the estimate for the brick on the existing City Hall. Mr. Fursman stated he will have to check on the $29,000 as to whether it includes all sides or just the front. A previous decision of the Council was to brick all sides. Staff notcd the public hearing on this item will be scheduled for the next meeting. ADOPT FINANCING PROGRAM/STREET REHABILITATION Councilmember Knight thought the decision was that taxes would not be raised. Mr. Erickson explained the street reconstruction financing program identifies a one percent tax rate increase over a five-year period as well as capturing one percent of the tax capacity for increased valuation. Mayor McKelvey noted the total tax for the City is about 19 percent. Mr. Fursman stated the actual tax percentage last year was less than the previous year. Andover's tax rate is considerably less than the metropolitan average of 26 percent. Part of an A bond rating is the fact that the City have in place the preservation of its infrastructure. The City has gone a long time without attending to road maintenance, but something must be in place soon. - - r..···-- - ..___.._.._.~_ 'n. -. .., , '. ' Con tinued Andover ci ty Council Meeting Minutes - June 24, 1997 Page 12 (Adopt Financing Program/Street Rehabilitation, Continued) Councilmember Dehn stated the tax monies spent on street reconstruction is more visible to the tax payers. Mr. Erickson stated if the program is adopted, it will come back with the budget. MOTION by Dehn, Seconded by Kunza, to adopt a street reconstruction financing program by adopting a one percent tax rate over a five-year period; this funding would be dedicated for the purpose of reconstruction and overlays of existing City streets. DISCUSSION: Mr. Fursman also explained that the budget uses an estimated seven percent growth per year and one percent of that would also be put toward stree_ reconstruction. In reality, the City has been averaging over 10 percent valuation increase each year. These dollars would be used every year for reconstruction and overlays, though there may be some carryover at times. Councilmember Knight thought there was a commitment to use a certain dollar amount from the PIR fund each year for street reconstruction. Mr. Erickson stated that about $200,000 from t~e PIR was budgeted for overlays this year; but it is not known how much will be generated in the PIR fund each year, so it is difficult to commit a certain dollar amount from it. Motion carried on a 4-Yes, 1-Absent (Orttel) vote. SEPTIC SYSTEM DUMP STATION UPDATE Mr. Erickson asked for approval to contact the property owners to determine if they would be willing to give or sell an easement to the City for the septic system dump station at Crosstown and Andover Boulevards. The Council asked that Staff determined the distance from the site to the nearest residence. MOTION by Dehn, Seconded by McKelvey, to approach the owners to see if we can get an easement from them in regard to the septic system dumpin] station. Motion carried on a 4-Yes, 1-Absent (Orttel) vote. SCHEDULE RIBBON CUTTING CEREMONY/IP94-33/COMMERCIAL BOULEVARD NW EXTENSION The Council agreed to schedule the ribbon cutting ceremony prior to the City Council meeting on July 15, 1997, 6:30 p.m. SCHEDULE FOCUS SESSION - ANDOVER COMMERCIAL/INDUSTRIAL PARK The Council agreed to schedule a focus session regarding discussion on the Andover Commercial/Industrial Park for Wednesday, July 9, 1997, 6:00 p.m. Mr. Carlberg stated Anoka County has told him the cost for this meeting would be reimbursable by Community Development Block Grant Funds as part of the Comprehensive Plan. ~" ... -, I.:' Continued Andover City Council Meeting Minutes - June 24, 1997 Page 13 The Council recessed to hold an EDA meeting, 10:29; reconvened at 10:33 p.m. MAYOR/COUNCIL INPUT projects - Mayor McKelvey reported on several projects in the City that have been started this past month. Council Chambers - The Council noted the difficulty of hearing those speaking in the Council Chambers. Mr. Fursman stated he has written to Adolfson and Peterson stating the Council Chambers is unusable in its current condition. They will try to get something done as soon as possible. The speakers have been installed this week. Councilmember Kunza suggested a microphone be placed at the podium for thos~ addressing the Council. Well #2 - Mr. Erickson reported Well #2 is not operational at this time. They will pull the well to determine the pr~blem and may have to tie into the Coon Rapids system if it becomes a problem. Snowmobile Task Force Update - Councilmember Dehn stated the Snowmobile Task Force met earlier this evening. A maj or concern is the trail system. The Task Force would like the Council's feeling on using the trails that are being developed throughout the City. A gentleman from the pavement company stated the snowmobiles do not harm the bituminous. She personally would like to preserve the trails for pedestrian traffic, including cross-country skiing in the winter rather than for snowmobiles. The Council needs to be prepared to answer these questions. In the discussion, there was some concern by the Council of destroying the bituminous trails by snowmobiles plus the disruption for property owners. Residents along the Coon Creek trail were told snowmobilers would not be allowed. No specific action was taken this evening. Rum River - Councilmember Kunza stated several arrests were made on the Rum River last week. One person with a pontoon boat was tagged for excessive speed, though it was said that the boat did not cause a wake on the river at that high speed. MOTION by Dehn, Seconded by Kunza, to adjourn. Motion carried on a 4- Yes, 1-Absent (Orttel) vote. The meeting adjourned at 10:44 p.m. Respectfully submitted, Th~1-~J- ~~~ella A. Peach Recording Secretary _..~- ----- -<-..--_. -- ~.- -- --- --- "'--' ~