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HomeMy WebLinkAboutCC April 21, 1998 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, April 21, 1998 agenda Call to Order - 7:00 PM Bookmark Resident Forum Name Agenda Approval Consent Agenda Approval of Minutes minutes Arbor Day Proclamation Discussion Items 1. Audit Presentation audit 2. Discuss Feasibility Report for Storm Water, Continued/97-26A1Hamilton Square dis9726a 3. Metes & Bounds Split, Continues/Ashford Dev. Corp. metes 4. Approve Feasibility Report/97-49/Chesterton Commons 2nd Addition appr9749 5. Residential Development Update resupdate 6. Discuss Garbage Hauler Ordinance garbage 7. File Clerk/Receptionist clerk Staff. Committees. Commissions 8. Set Meeting Date to Discuss Lift Stations lift 9. League of Minnesota Cities Conference league 10. Approve Agenda Concept/Park and Recreation Commission parkrec Non-Discussion/cousent Items II. Approve Bids for Mowing Services mowing 12. Declare Costs/Order Assessment Roll, Continued/97-26/Hamilton Square dclr9726 13. Adopt Assessment RoIl/Waive Hearing, Continuedl97-26/Hamilton Square adpt9726 14. Approve Tree Trimmer Licenses tree IS. Award Bid/97-44/Shadowbrook 3rd Add. bid9744 16. Reduce EscrowslFeasibility Report/97-44/Shadowbrook 3rd Add. feas9744 17. Reduce Letter ofCredit/97-44/Plans & Specs/Shadowbrook 3rd Add. loc9744 18. Reduce Plat Escrows/Hills of Bunker Lake 2nd Add. bunkerl 19. Reduce Escrows/Developer Improvements/Hills of Bunker Lake 3rd Add. buuker3 20. Reduce Escrow/Developer Improvements/Hills of Bunker Lake 5th Add. bunkerS 21. Reduce Letter of CreditlDeveloper Improvements/Shadowbrook 2nd Add. locshad2 22. Approve Contract/Sunshine Park Concessions concessi 23. Approve Quotes/94-30/Andover City Hall Extension Lighting of Old Building qt9430 24. Approve Change Order #3/94-33B/Commercial Blvd NW Contaminated Soil & co39433b Debris Removal 25. Release Letter ofCredit/92-19/Weybridge 3rd Addition loc9219 26. Release Letter of Credit/Hills of Bunker Lake 5th Add. lochillsS 27.· Approve Plans & Specs/97-43Narious Trails Improvements ps9743 28. Authorize Obtaining Quotes for Drilling 2 Test Wells for Municipal Well #7 well7 29. Approve Change Order # 10/96-1 5/Public Works Expansion/Julian Johnson co961S Mayor/Council Input Payment of Claims Adjournment 0. _ __._.._... . _. ~- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 21, 1998 TABLE OF CONTENTS· RESIDENT FORUM ..................................................... 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONSENT AGENDA Approve bids for mowing services ........................................ 2 Approve tree trimmer licenses ............................................ 2 Resolution R071-98 awarding bid!IP97-44/Shadowbrook 3rd ................... 2 Reduce escrowslFeasibility report/IP97-44/Shadowbrook 3rd ................... 2 Reduce Letter ofCredit/IP97-44/Plans & specs/Shadowbrook 3rd . . . . . . . . . . . . . . .. 2 Reduce plat escrowslHills of Bunker Lake 2nd Addition. . . . . . . . . . . . . . . . . . . . . . .. 2 Reduce escrows/Developer improvements/Hills of Bunker Lake 3rd . . . . . . . . . . . . . .. 2 Reduce escrows/Developer improvementslHills of Bunker Lake 5th. . . . . . . . . . . . . . . . 2 Reduce Letter of Credit/Developer improvements/Shadowbrook 2nd . . . . . . . . . . . . .. 2 Approve contract/Sunshine Park concessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R072-98 approving quotes!IP94-3/Andover City Hall Lighting of old building .................................................... 2 Resolution R073-98 approving change order #3!IP94-33B/Commercial Boulevard Contaminated soil and debris removal ........................ 2 Release Letter ofCredit!IP92-19/Weybridge 3rd ............................. 2 Release Letter of Credit /Hills of Bunker Lake 5th. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R074-98 approving plans and specs!IP97-43Narious trails improvements.. 2 Authorize obtailÚng quotes for drilling two test wells for mUlÚcipal well #7 ......... 2 Resolution R075-98 approving change order #10/IP96-15/Public Works Expansion/Julian Johnson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES ................................................ 2 ARBOR DAY PROCLAMATION ........................................... 3 AUDIT PRESENTATION Motion to accept the 1997 audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 RESIDENTIAL DEVELOPMENT UPDATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 DECLARE COSTS/ORDER ASSESSMENT ROLL/ADOPT ASSESSMENT ROLL/ WAIVE HEARING!lP97-26/HAMILTON SQUARE.........................· 4 Resolution R076-98 declaring costs and ordering assessment roll . . . . . . . . . . . . . . . .. 5 Resolution ROn -98 adopting the assessment roll . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 DISCUSS FEASIBILITY REPORT FOR STORM W ATER/IP97-26N HAMILTON SQUARE................................................ 5 Resolution R078-98 to accept feasibility without acting on it .................... 7 METES AND BOUNDS SPLIT/ASHFORD DEVELOPMENT. . . . . . . . . . . . . . . . . . . . .·8 Motion to require easements as a part of the lot split (Motion withdrawn) .......... 9 Motion to table (Motion withdrawn) ...................................... 9 Motion determilÚng need for easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 FEASIBILITY REPORT!lP97-49/CHESTERTON COMMONS 2ND ................ 9 Resolution R079-98 approving feasibility and ordering plans and specs. . . . . . . . . . . . 10 DISCUSS GARBAGE HAULER ORDINANCE .........;..................... 10 FILE CLERKlRECEPTIONIST Motion to grant temporary full-time position to Ms. Olson . . . . . . . . . . . . . . . . . . . . . 10 MEETING DATE TO DISCUSS LIFT STATIONS/EDA ISSUES (April 30) ......... 10 ~..,---.. _.~- ...-.. -.. ~. .. Regular Andover City Council Meeting Minutes - April 21, 1998 Table of Contents Pageii QUOTES/IP94-33H/COMMERCIAL BOULEVARD SITE Resolution R080-98 authorizing $5,600 to clean up Wilber and Mistelske site ...... 10 DECLARE COSTS/ORDER ASSESSMENT ROLLI ADOPT ASSESSMENT ROLLI WAIVE HEARING/IP97-8/CHESTERTON COMMONS Motion to amend assessment policy to comply with attorney's legal opilÚon . . . . . . . . 11 Resolution R081-98 declaring costs and ordering assessment roll . . . . . . . . . . . . . . . . 11 Resolution R082-98 adopting assessment roll and waiving public hearing . . . . . . . . . . 11 LEAGUE OF MINNESOTA CITIES CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 AGENDA CONCEPT/PARK AND RECREATION COMMISSION. . . . . . . . . . . . . . . . 11 Motion to approve amendment to Ordinance 229A. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 MA YORlCOUNCIL INPUT Schedule meeting with CouncilsfAnoka and Ramsey (tentatively set for May 13) .... 12 PAY1ÆENTOFCLAIMS ................................................. 12 ADJOURNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - -. -., - .. .. .. ·v~\.,ç OJ ú5,~U' 5 ~5 J:ì'l CITY of ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 21, 1998 MINUTES The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, April 21, 1998,7:15 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: BonlÚe Dehn, Mike KlÚght, Ken Orttel Councilmember absent: John Kunza Also present: City Attorney, Wìl1iam G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann Community Development Director, Dave Carlberg City AdmilÚstrator, Richard Fursman Others RESIDENT FORUM Jerry Windschitl Ashford Development - asked that Items 12 and 13 be moved from the Consent Agenda for discussion. He wanted to discuss the mobilizations costs for his project. The Council agreed. Winslow Holasek - was unaware of the EDA meeting and asked where that was held. The Council explained it was held in the conference room and was open to the public. AGENDA APPROVAL Move Item 5, Residential Development Update to be discussed after Item I. Remove from the Consent Agenda for discussion, Item 12, Declare Costs/Order Assessment RoI1lIP97-26/HamiIton Square, and Item 13, Adopt Assessment RollIWaive Hearing!IP97-26/HarlÚlton Square. It was agreed the issue of mobìlìzation costs will be discussed in conjunction with Items 12 and 13. Add Item 7a, Approve Quote/IP94-33HJCommercial Boulevard Site; Item 7b, Declare Costs/Order ,. Assessment RolIJIP97-8/Chesterton Commons, and Item 7c, Adopt Assessment RollIWaive Hearing!IP97 -98/Chesterton Commons. Motion by KlÚght, Seconded by Dehn, to approve the Agenda as amended. Motion carried 01} a 4- Yes, I-Absent (Kunza) vote. - -0. _ "_'_..__. ..._- ..- Regular Andover City Council Meeting Minutes - April 21, 1998 Page 2 CONSENT AGENDA Item 11 Approve Bids for Mowing Services (to B & W Property Maintenance for weed abatement @ $25/hour; to KoelÚng Brothers Landscaping for City owned properties at $6,990, and to Isaacson Lawn Care for Commercial Park properties at $950) Item 14 Approve Tree Trimmer Licenses (Dehn Tree Company, Miller Tree Service, and Sean Strong) Item 15 Award Bid!IP97-44/Shadowbrook 3rd (See Resolution R071-98) Item 16 Reduce Escrows/Feasibility ReportlIP97-44/Shadowbrook 3rd Addition Item 17 Reduce Letter ofCredit/IP97-44/Plans & Specs/Shadowbrook 3rd Addition Item 18 Reduce Plat Escrows/Hìlls of Bunker Lake 2nd Addition Item 19 Reduce Escrows/Deve1oper Improvements!Hills of Bunker Lake 3rd Addition Item 20 Reduce Escrow/Developer Improvements/Hills of Bunker Lake 5th Addition Item 21 Reduce Letter of CreditlDeveloper Improvements/Shadowbrook 2nd Addition Item 22 Approve Contract/Sunshine Park Concessions Item 23 Approve Quotes/IP94-30/Andover City Hall Extension Lighting o( Old Building (See Resolution R072-98) Item 24 Approve Change Order # 3/IP94-33B/Commercial Boulevard NW ContarIDnated Soil and Debris Removal (See Resolution R073-98) Item 25 Release Letter ofCreditlIP92-19/Weybridge 3rd Addition Item 26 Release Letter ofCredit!Hills of Bunker Lake 5th Addition Item 27 Approve Plans and Specs!IP97-43Narious Trails Improvements (See Resolution R074-98) Item 28 Authorize ObtailÚng Quotes for Drilling Two Test Wells for Municipal Well #7 Item 29 Approve Change Order # 1 O/IP96-15/Public Works Expansion/Julian Johnson (See Resolution R075-98) Motion by KlÚght, Seconded by Dehn, to approve the Consent Agenda. Motion carried on a 4~Y es, I-Absent (Kunza) vote. APPROVAL OF MINUTES Apri/7, 1998, HRA Meeting: Correct as written. April 7, 1998, Regular City Council Meeting: Correct as written. Motion by Orttel, Seconded by Knight, to approve as written. Motion carried on a 4- Yes, I-Absent (Kunza) vote. - --. --..- -.-_.,-- .-, ·Þ· _.' Regular Andover City Council Meeting Minutes - April 21, 1998 Page 3 ARBOR DAY PROCLAMATION Mayor McKelvey read the proclamation declaring April 25, 1998, as Arbor Day in the City of Andover. AUDIT PRESENTATION David Hinnencamp of Kern, DeWinter, Viere, Ltd., gave an overview of the City's 1997 operation, comparing various aspects of the financial status of the City with that of previous years. The fund balance has increased, both revenues and expenditures have been on the incline due to development and growth of the City, the majority of the revenues comes from taxes, the largest expenditure is for public safety, the net tax capacity increased about 10.5 percent from 1996 to 1997, the tax capacity rates have been consistently low compared to other cities, the rates are covering the operating expenses in the Water Fund, and the Utility Funds are operating at a loss when considering depreciation. While the total replacement costs of the sewer system is not being recovered at this point, he expected there is a lot of unused capacity in the system to pick up that cost. Mr. Hinnencamp also reviewed the comments made in the management letter such as the changes in reporting practices beginlÚng in 1998, that the fixed assets will be audited in 1998, and that the City is in a very good financial position. The Council discussed the loss in the sewer and water fund. Mr. Hinnencamp did not think it was a serious issue at this time because of the grow and development occurring in the City. Ms. McGann also noted there will be increased revenues in the Sewer Fund beginning the end of 1999 when Sewer Fund A and B areas wìll be combined. Councilmember KlÚght commended Ms. McGann and her Staff on behalf of the Council for their good work. Motion by Orttel, Seconded by Dehn, to accept the 1997 Audit. Motion carried on a 4- Yes, 1- Absent (Kunza) vote. RESIDENTIAL DEVELOPMENT UPDATE Mr. Carlberg updated the Council on the development occurring in 1998 through 1999 in the urban residential area. Chesterton Commons 2nd Addition has been tabled at the request of the developer. Cambridge Estates has been authorized to develop the southern 25 acres in 1998. The preliminary plat wìll be received by the City Council on May 5; however, the utilities will be coming from Chesterton Commons 2nd Addition. If Chesterton Commons 2nd is not developed this year, neither wìll Cambridge Estates develop this year. Burr Oak Run was received by the Andover Review Committee on April 3. It too is contingent upon receiving utilities from east of Hanson Boulevard and is dependent upon the development of Chesterton Commons 2nd this year. It has been determined that the entire plat may be able to be served from the east with gravity flow. Andover PUD would also gets its utilities ITom east of Hanson Boulevard and is dependent on the development Regular Andover City Council Meeting Minutes - April 21, 1998 Page 4 (Residential Development Update, Continued) of Chesterton Commons 2nd. The City Council received a sketch plan for this plat on February 3, but no preliminary plat has yet been submitted. Shadowbrook 3rd Addition will be developing its town home development. The City has not received plans for Winslow Hills 4th Addition which was scheduled for 1998 development; nor has it received plans for property to be developed by Rosella Sonsteby on Bunker Lake Boulevard and Seventh Avenue. Mr. Carlberg also reviewed the proposed 1999 development: Rosella Sonsteby's property which would need to be served with utilities ITom the City of Anoka, Cambridge Estates North, Sophie's South which is contingent upon the Winslow Hìlls 4th addition unless utilities can be provided.fTom another direction, and Nightingale Miscellaneous. Those plats need to be coming into the City now to be on line for development in 1999. Staff will be meeting with the developers in May to discuss these projects plus the next five-year phase period for the years 2000 to 2005. DECLARE COSTS/ORDER ASSESSMENT ROLV ADOPT ASSESSMENT ROLVW-1IVE HEARINGI IP97-26/HAMILTON SQUARE There was considerable discussion as to the order these items should be handled along with the feasibility report for storm water for Hamilton Square and the metes and bounds split for Ashford Development Corporation. The Council first discussed the issue of mobilization costs. Jerry Windschitl Ashford Development - stated the mobilization costs have nothing to do with the other items. They are trying to resolve the final assessments for Chesterton Commons. There were three different contractors for the project -- the City project for trunk sewer and water; Hamilton Square trunk watermain and Chesterton Commons lot development costs. The bid that was let was unusual because the contractor ITont loaded the mobilization costs, which amounted to $26,000. That entire mobilization cost is being assessed to Chesterton Commons. He asked that those costs be pro-rated between Chesterton Commons, the City and Hamilton Square based on how much'each contributed to the contract. Mr. Erickson stated typically the City doesn't pro-rate the mobilization costs. The City normally won't do that project unless a developer is developing, and the mobilization is part of the project costs for the developer. This cost is unusually high. If the City does pro-rate this one, it will be setting a precedent that wìll have a great impact on the City for future projects. Staff's recommendation is that mobilization costs are part of the project costs and should be paid by the developer. Mr Wìndschitl - argued Ashford then gets stuck for the entire bìll when a portion of the mobilization cost benefited Hamilton Square. He was forced to give easement so the water line could be installed to provide enough fire flow for Hamilton Square. If the City can't pay for the mobilization cost, he felt the cost should at least be pro-rated between the two developers. Regular Andover City Council Meeting Minutes-April21,1998 Page 5 (Assessment Roll/IP97-26/Hamilton Square, Continued) There was considerable discussion on the course of events and the benefits to both Chesterton Commons and HarlÚlton Square. Mr. Erickson estimated a pro-rated share of the cost for Hamilton Square would be about $300. The City's share is considerably more. The City Council did not. wish to change its policy and generally agreed it would not pay for a portion of the mobilization cost. Gordon Jensen Attorney for the HarlÚltons - stated they would agree to the additional charge of$300 for mobilization costs, increasing the assessment on each of the three lots by $100. The Council agreed. Mr. Erickson explained the assessments for Hamilton Square includes an estimated cost of$14,000 for storm sewer work which mayor may not be enough, depending on the final cost to resolve the storm sewer issue. He suggested the assessment roll be adopted as shown, with the addition of the $100 per lot just agreed to by Mr. Jensen. A separate assessment roll could be done if additional storm sewer costs are incurred. Mr Jensen - stated they are in agreement with the assessment roll with the increase of $1 00 pèr lot. Mr Windschitl - questioned the portion of the assessment for work not yet performed. He asked the legality of an assessment before the work is filÚshed. He was concerned that if the work for the storm sewer is assessed, the Hamiltons can then argue that because they have been assessed, the City is required to build something regardless of the cost. He felt this is a maneuver to force the City to build something and possibly the City would end up picking up the costs for it. Attorney Hawkins advised the City does have the right to assess estimated costs based on feasibility reports and on petitions received on projects. There is no legal requirement that a project has to be completed before it is assessed. The developer is aware this is an estimated cost; and if the final costs exceed this, there may be another assessment hearing to assess the benefits to this property. Motion by Dehn, Seconded by KlÚght, the Resolution as presented with the additional $100 per lot assessment. (See Resolution R076-98 declaring costs and ordering assessment roll) Motion carried on a 4- Yes, I-Absent (Kunza) vote. Motion by The Resolution adopting the assessment roll and waiving the public hearing as presented and with the addition of $300, $100 per lot. (See Resolution R077-98) Motion carried on a 4- Yes, I-Absent (Kunza) vote. DISCUSS FEASIBILITY REPORT FOR STORM WATER/IP97-26A/HAMILTON SQUARE Mr. Erickson reviewed the options in the feasibility report to provide a storm water outlet for Hamilton Square through Chesterton Commons and Cambridge Estates along Hanson Bouleyard. The intent is the storm sewer outlet within HarlÚlton Square would be tied into the drainage system --. ,-.-., . . . ~. .. Regular Andover City Council Meeting Minutes - April 21, 1998 - Page 6 (Feasibility Reportfor Storm Water/IP97-26A/Hamilton Square, Continued) to the north. IlÚtially the thought was the system would be tied to the first pond in Chesterton Commons at an estimated cost of $14,SOO. Since then, Ashford Development has requested a five- acre split from that general area. If the intent is to develop that five acres commercially, the pond would be moved. Then an option would be to pipe the water from the outlet in Hamilton Square in the county right of way all the way to Ditch 37 which would cost about $79,000. If some ditching and some piping were done, it would cost about $S9,000. The cost to just pipe north of the proposed five-acre split area to the next ponding cell would be about $38,000. The unknown at this time is whether or not the proposed five-acre split area will be developed as commercial. Jerry Windschitl Ashford Development - stated in the past the policy has been to charge $0.04 per square foot for all land above the 100-year flood. He stated they have two options regarding the proposed five-acre area to be split. One is to move the pond to the northeast corner of the site near the gas line easement. The other is to move the pond on the east side of the property to provide a buffer between the commercial and residential area. In this case, they wouldn't be mitigating the wetland area. JeffShopek Civil Engineer on the Hamilton Square Proiect - provided a history of the project and the search for a storm water outlet for the site. He was concerned that there has been no amendment to the Chesterton Commons plat. All of the ponds are dug and in place. They designed their storm sewer according to that preliminary plat. If Mr. Windschitl wants to amend the preliminary plat, those costs are not associated with the HarlÚlton Square property. The other issue is the cost of getting a IS-inch pipe, the milÚmum size allowed, all the way to Ditch 37 for only a minute amount of water. They are using only 3/4 ofcfs of the pipe. rfthat pipe is constructed, there is room for additional capacity and should be used and paid for by other areas. Originally the pond was on the corner and they stubbed to it. With the storm drainage from Hamilton Square, there was no need to increase the pipe sizes in Chesterton Commons to accommodate the 100-year run off. Then that pond was eliminated, so they stubbed to the storm sewer. Then the storm sewer was moved back and now a feasibility study is being done. Beyond this it is really a benefit to the City's whole storm sewer system. He noted Mr. Windschitl's suggestion that Hamilton Square pay $0.04 per square foot for storm sewer. They have already put in a pipe to the property line at a cost of$34,000 plus accepted an assessment for another $14,000. They are asking the City Council to stay with the original preliminary plat which was approved. If there is to be a change, it should be at no cost to Hamilton Square. Mr. Erickson agreed the ponding in Chesterton Commons would not have to be increased to allow for the water ITom HarlÚlton Square to pass through. He then stated there may be one other option of combilÚng the storm sewer system where both parties can use it and both parties would save on development costs. It is a timing issue to get everything in place and this would be on the assumption that the proposed five-acre area would be split and be developed as commercial. He would like to explore that option with both Mr. Windschitl and the Hamiltons. The entire storm drainage ponding system is in place within Chesterton Commons to Ditch 37 with the exception of a connection between two ponds and a pipe across the gas line easement. ~. .. Regular Andover City Council Meeting Minutes - April 21, 1998 Page 7 (Feasibility Reportfor Storm Water/IP97-26A/Hamilton Square, Continued) Gordon Jensen Attorney for the Hamiltons - presented a letter prepared by the Hamiltons to the City Council outlilÚng the sequence of events. He noted over a year ago the Hamiltons provided easement for Mr. Windschitl to run sewer and water to his plat of Chesterton Commons. The discussion at that time was that utilities should not be cut off for future development. Since that time, they have been trying to hit a moving target in regard to an overflow for the storm water for Hamilton Square. Every time they hooked in at one point, it moved to another. They have already installed over $30,ÛO in storm water piping at the suggestion of the City to meet the first option. They are asking that this stop and that they be allowed to hook up to the pond, recognizing the preliminary plat is still in place. Ifthe pond does move as a result of the design change in the preliminary plat, those expenses should belong to the plat, not to Hamilton Square. They cannot endorse any of the three options listed in the feasibility study. They are suggesting the option ilÚtially proposed and for which they have already paid and installed an east-west pipe be the basis for what they should have to pay to ha"e the water discharged from Hamilton Square in the 1 OO-year event. Winslow Holasek - pointed out the problem has occurred because this area should be draining south, but TKDA removed the Hanson Boulevard storm sewer system and ponding. It is more expensive to go north. A very lengthy discussion continued that the amount already paid for by HarlÚlton Square exceeds $0.04 per square foot, that the development ofHarlÚlton Square did do what the City told them, that both the City and Hamilton Square were relying on a preliminary plat which has no official significance, that a commercial lot in Chesterton Commons would require additional storm drainage capacity, and that it should not necessarily be assumed that the proposed five-acre split area will be commercial. Mr. Erickson again noted the need for additional ponding ifthere is a commercial area in Chesterton Commons and the relocation of the ponding may mean that some piping up Hanson Boulevard could be done to benefit both parties. At the present time, if the five acres is split by metes and bounds, the storm drainage easements must be dedicated to the City. The City could vacate any easements that are not needed if the lot does develop as commercial in the future. The entire ponding area ITom Ditch 37 down to Chesterton Commons is meant to work together, and the entire ponding system needs to be operational before anybody can tie into it. The Council then agreed with Mr. Erickson's suggestion to meet with the developers of both Hamilton Square and Chesterton Commons in an attempt to arrive at a solution to the storm drainage issue discussed this evelÚng. Motion by Orttel, Seconded by Dehn, to accept the feasibility study without calling the public hearing or acting on it. (See Resolution R078-98) Motion carried on a 4-Yes, I-Absent (Kunza) vote. - .., . ~ - Regular Andover City Council Meeting Minutes -April 21, 1998 Page 8 METES AND BOUNDS SPLIT/ASHFORD DEVELOPMENT CORPORATION Mr. Erickson again noted the easements for storm drainage based on the preliminary plat need to be dedicated Jeny Windschitl Ashford Development - stated if the storm drainage area is to be dedicated to the City, it means about one acre of that five-acre piece wìl1 be for someone else's use. That first pond will not exist if the property is developed commercially. Ifit is developed for commercial, they would have to redesign the storm drainage system to meet the Watershed and City approvals. The best option may be to place the pond between the commercial and residential areas. He also pointed out the documentation ITom his engineer indicates there wiIl be over 1 million gallons of water from the HarlÚlton property in the 100-year storm. It is a very large quantity of water. He is not holding up development in Hamilton Square, as they have the option of going south or ponding on site. He accused the Harniltons of wanting to use his land before he does. If the City takes the easement and dumps the water ITom Hamilton Square on it, he will have no chance to use it or get it back because the Hamiltons wiIl argue the City is taking away their capacity. Mr. Erickson re-emphasized that the entire area, Hamilton Square, Chesterton Commons and Cambridge Estates north to Ditch 37 functions as one system. All easements have to be dedicated before any storm water will work. Winslow Holasek - stated the Hamiltons have spent a lot of money on storm drainage already. He was willing to give up part of the capacity and put in extra ponding to the south to accommodate Hamilton Square, but that would be costly. He also questioned the ability to develop a commercial area under the power lines. Also the ponding is between the poles on Hanson boulevard, and there isn't much room. The Council noted any change would have to be reviewed and easements dedicated. Those easements taken now that may not be needed in the future would then be vacated. Mr WindschitI - argued there is no need for the pond on the proposed five-acre site to develop Chesterton Commons 2nd Addition. Also, there are certain things they cannot do under the p'ower lines, but they can build parking lots. That area shown as ponding is very valuable as commercial land. Mr. Erickson disagreed with the statement on ponding, as the entire system is designed to function as one pond. All of the ponds are graded, but there are two connections stìl1 needed under the gas line and under the future 155th Lane. Discussion also noted that any change to the preliminary plat would require a public hearing and changes to the grading and drainage would require Watershed and City approval. There is Watershed and City approval for the storm drainage system along Hanson Boulevard as proposed. Jeff EIliott - stated he has looked at the storm sewer system going to the pond for Chesterton Commons 2nd Addition, but he hasn't looked at the total capacity of the pond in terms ofthe entire system. The elevations of the pond and piping in Chesterton Commons 2nd will work for that development as proposed. Mr. Erickson stated Mr. EIliott reviewed the hydraulic capacity of the pipes within Chesterton Commons 2nd Addition. He hasn't looked into the entire ponding area. The Council continued to discuss what should be done. --.. . -. ----. ~- -.-~.,- - .. . ~. Regular Andover City Council Meeting Minutes - April 21, 1998 Page 9 (Metes and Bounds Split/Ashford Development, Continued) Motion by KIDght, Seconded by Orttel, to require the easements be accepted as a part of the lot split. DISCUSSION: Mayor McKelvey didn't think he could support the taking of the easement as sJ;¡own on the preliminary plat ifit is going to be changed to a commercial area on this corner. He felt the two parties should agree with some means to pipe the storm water. Mr. Erickson again asked for an OppOrtulÚty to meet with the developers' ~ngineers and the Watershed engineer to look at this from an engineering perspective. Councilmember Dehn agreed and suggested they consider both a commercial and a residential development option. Councilmembers Orttel and KIDght WITHDREW the Second and the Motion. Motion by Dehn, Seconded by McKelvey, to table this and have Mr. Erickson work with the developers' engineers. DISCUSSION: Mr: Carlberg noted the metes and bounds subdivision is done administratively. The ordinance allows the Council to require easements to be dedicated. The Council then suggested the item be forwarded to the admilÚstration and that the easements to be taken be determined by the City Engineer. Mayor McKelvey and Councilmember Dehn WITHDREW the Second and the Motion. Motion by Orttel, Seconded by Dehn, that the City Council determines the need for the easement but is giving the City Engineer the authority to determine the extent of the boundary of the easement. City Council authorizes Staff to admilÚstratively approve the Lot Split subject to the approval of the City Engineer for solving the drainage issue in the area by acquiring the proper easements on that property as he deems necessary. Motion carried on a 4- Yes, I-Absent (Kunza) vote. APPROVE FEASIBILITY REPORT/IP97-49/CHESTERTON COMMONS 2ND ADDITION Mr. Erickson explained the Council has approved a motion that allowed for the preparation of a feasibility study for Chesterton Commons 2nd Addition but not to proceed any further until the storm drainage issue can be resolved. He stated the developer is wìlling to bond for the costs of the preparation of the plans and specifications. He did not see a problem with preparing the plans and specs but then not ordering the improvement or holding the public hearing on the project until the drainage issue is resolved. Jerry Windschitl Ashford Development - did not have a problem with posting a bond for the preparation of the plans and specifications. He suggested the Council consider whether the City is better or worse off resolving the Hamilton Square drainage issue or having the plat filed for Chesterton Commons. If the plat is not filed, there is no hope of getting the storm drainage to Ditch 37. They own the easements to get the drainage to Ditch 37. ---- ~ .-.. _..._ .h"_.._o .. .~. .. Regular Andover City Council Meeting Minutes-April21,1998 Page 10 (Feasibility Report/IP97-49/Chesterton Commons 2nd Addition, Continued) After Council discussion, it was agreed to accept the feasibility study and order the plans and specifications but not order the project at this time until the easement issues are resolved. Motion by Orttel, Seconded by KlÚght, to approve the Resolution; delete "Ordering Improvement" ITom the title of the Resolution. (See Resolution R079-98) Motion carried on a 4-Yes, I-Absent (Kunza) vote. DISCUSS GARBAGE HAULER ORDINANCE Mr. Fursman explained the City has limited the number oflicensed haulers to ten and the number of commercial haulers to seven. Several of the larger haulers have been purchasing the smaller companies. The question is whether those larger haulers will be able to retain the same number of licenses as before the purchase, whether the haulers will only be allowed to hold one license, and whether the total number oflicenses should be reduced as the smaller haulers are bought up. The Council discussed the issue of keeping the cost down for the consumers if monopolies are created, the concerns of some residents over the number of haulers coming down one street in the course of a week, and a suggestion to zone the City into quarters to collect garbage only on certain days in each area. It was finally determined that at this time there isn't a problem and to leave the ordinance as is. FILE CLERK/RECEPTIONIST Motion by Dehn, Seconded by KIDght, that we grant this temporary full-time position for Ms. Tara Olson. Motion carried on a 4-Yes, I-Absent (Kunza) vote. MEETING DATE TO DISCUSS LIFT STATIONSÆDA ISSUES The Council agreed to hold a special meeting to discuss lift stations following the Board of Review on Thursday, April 30, 1998. Following that discussion, an EDA meeting will be held to discuss issues relating to the Commercial Park development. APPROVE QUOTES//P94-33H/COMMERCIAL BOULEVARD SITE Motion by Orttel, Seconded by Dehn, that $5,600 be authorized to clean up the Wilber and Mistelske site, Herbst and Sons Construction Company as recommended by City Staff. (See Resolution R080- 98) Motion carried on a 4- Yes, I-Absent (Kunza) vote Regular Andover City Council Meeting Minutes - April 21, 1998 Page 11 DECLARE COSTS/ORDER ASSESSMENT ROLVADOPT ASSESSMENT ROLLlWÀIVE HEARING/IP97-8/CHESTERTON COMMONS Mr. Erickson stated the issue of mobilization costs were determined by the Council earlier this evelÚng. The assessment roll wìll be reduced by $300, the amount of the mobilization costs allocated to HarlÚlton Square. The other issue is the application of construction interest. The City Attorney provided an opinion in 1991 on how construction interest is applied. The City's policy is in conflict with that opilÚon. Staff is recommending the policy be changed as advised by the Attorney's opinion. Motion by Orttel, Seconded by Knight, that the Council amend the City's assessment policy to comply with the legal opilÚon ITom the City Attorney's letter of April 11 , 1991, relating to the interest on pre-paid assessments. Motion carried on a 4- Yes, I-Absent (Kunza) vote . Motion by Orttel, Seconded by Dehn, approving the Resolution to be prepared by Staff declaring costs and ordering the assessment roll for IP97-8, Chesterton Commons, in the amount of$ll, 117.45 per lot minus the $300 on the gross project. (See Resolution R081-98) Motion carried on a 4-Yes, I-Absent (Kunza) vote Motion by Orttel, Seconded by Dehn, that the Council direct Staff to prepare a Resolution to adopt the assessment roll and that we approve such assessment roll and accept the letter waiving the public hearing on Project 97-8, Chesterton Commons. (See Resolution R082-98) Motion carried on a 4- Yes, I-Absent (Kunza) vote LEAGUE OF MINNESOTA CITIES CONFERENCE Mr. Fursman noted the preliminary program schedule for the 1998 League of Minnesota Cities Conference. He suggested if anyone is going to attend that they let him know. APPROVE AGENDA CONCEPT/PARK AND RECREATION COMMISSION Mr. Fursman noted Mr. Haas, Parks Coordinator, had attended a meeting of the Park and Recreation Commission in Blaine and noted a preamble to the agenda that was read so the general public watching cable tv and those in attendance are aware of the Commission's responsibility. Staff is looking at a similar format for the Council agenda. The Council generally approved of the language. Mr. Fursman stated another issue that has been raised is the paragraph on Duties of the Park and Recreation Commission in Ordinance 229, Section 1, Part G. As written, it appears that the Commission is directly responsible for the maintenance, improvements and upkeep of the parks. In reality, the Commission plays an advisory role and those items are an administrative function of the City. He noted the proposed change in the language of that paragraph. -- -. -_.~- ,.~-,_. . ... o. Regular Andover City Council Meeting Minutes - April 21, 1998 Page 12 (Approve Agenda Concept/Park and Recreation Commission, Continued) Al Grabowski, Chairman of the Park and Recreation Commission, stated the Commission does not want to be in a supervisory or admilÚstrative role but is there to make recommendations. They do, however, get directly involved when residents petition to upgrade parks and forward recommendations to the City Council. As written, the new language may prevent that. The Council proposed a correction to the language that still gives the Commission the ability to advise on maintenance and park improvements, etc. Motion by Orttel, Seconded by KlÚght, the amendment to Ordinance 229A as presented with the change, insert "on all matters" between "Council" and "concerning" to read: The Commission shall research and advise the City Council on all matters concerlÚng parks and recreation programs. Motion carried on a 4- Yes, I-Absent (Kunza) vote MA YOR/COUNCIL INPUT Schedule meeting with Councils/ Anoka and Ramsey - The Council agreed to set a tentative date to meet with the Councils of the Cities of Anoka and Ramsey on Wednesday, May 13. Mr. Fun,man stated the School District would also like to attend and would be willing to provide dinner for the Councils that evening. PAYMENT OF CLAIMS Motion by KlÚght, Seconded by Dehn, to approve the Claims. Motion carried on a 4- Yes, I-Absent (Kunza) vote Motion by KlÚght, Seconded by Dehn, to adjourn. Motion carried on a 4- Yes, I-Absent (Kunza) vote. The meeting adjourned at 11:10 p.m. Respectfully submitted, ~~~L Mar lla A. Peach Recording Secretary