Loading...
HomeMy WebLinkAboutCC April 20, 1999 ~'-rrl\JVL 0' ~/ì/~(~/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, April 20, 1999 agenda Interviews for Park & Recreation Commission Vacancy - 6:15 PM Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Anoka County Sheriff Report sheriff 2. Receive 1998 Audited Financial Statements & Management Letter audit 3. Discuss 1998 Surplus Fund Allocation surplus 4. Set Sale/1999A TIF Bond saletif 5. Set Sale/1999B Equipment Certificate saleequip 6. Discuss Grey Oaks Financing Continued greyoaks 7. Discuss Amendment to Ordinance No. 10, Section 9.07, Park Dedication Cont. ordl0 8. Approve Trail Fee Requirements, Cont. trail fee 9. Discuss Policy Change on New Rural Residential Street & Utility Projects policy Renorts of Staff, Committees, Commissions 10. Schedule Joint Meeting with Park and Recreation Commission regarding the jointmtg Coon Creek Corridor Trail Extension I I. Appoint Park & Recreation Commissioner parkrec 12. Appoint Vice ChairIPark & Recreation Commission prchair 13. Appointment to Northwest Anoka County Communiry Consortium consortium Non-Discussion/Consent Items 14. Approve Award of Bid/99-1 & 97-52/Bit Trails and Bleacher Pad bid991 Construction/Sunshine & City Hall Park Complex #1 15. Receive Bids/98-28/Shadowbrook 5th Addition bid9828 16. Approve Feasibility Report/98-7/Winslow Hills - I 50th Lane NW Entrance Improvements appr987 17. Approve Feasibility Report/95-5/14122 Prairie Road NW appr955 18. Request to Consider Bikeway/Walkway Trail along Round Lake Blvd/99-J4 req9914 19. Authorize Transfer of Right ófWay to Anoka County/98-1 7 anth9817 20. Approve Joint Powers Agreement/98-17/Bunker Lake Blvd Reconstruction jp9817 2 I. Accept Petition/94-6/14608 Drake St. NW acpt946 22. Accept Petition/Order Feasibility Report/98-27/Fox Hollow pet9827 23. Adopt Assessment Roll/97-44/Shadowbrook 3rd Addition. adpt9744 24. Adopt Assessment Roll/98- I 6/Shadowbrook 4th Addition adpt9816 25. Approve SUP/Land Reclamation/Sliding Hill/City of Andover sIidinghill 26. Approve Slow/No Wake Ordinance No. 23 J ord231 27. Award Mowing Contract mowing 28. Approve Final Plat/Cambridge Estates Second Addition/Cambridge Capital, Inc. cambrid 29. Approve Meeting Date Change/ASUP/Constance Free Church meeting 30. Approve Tree Trimmer Licenses tree 3 I. Approve Change Order/98-22/Well #7 fpay9822 32. Approve Final Payment/98-22/Well #7 fpay9822 33. Set Town Meeting - May 10, 1999 @ 7:00 PM - City Hall 34. Accept Easement/Ed Sparr/14135 Vale St NW sparr Mayor/Council Iuput Payment of Claims Adjournment .. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -APRIL 20, 1999 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CONSENT AGENDA Resolution R082-99 awarding bidl1P99-1 & IP97-52/Bituminous trailslbleacher pad.. 2 Resolution R083-99 receiving bids/IP98-28/Shadowbrook 5th. . . . . . . . . . . . . . . . . . .. 2 Resolution R084-99 approving feasibilityIIP95-5/14 I 22 Prairie Road ......... . . . .. 2 Request to consider bikeway/walkway trail along Round Lake BlvdlIP99-14 ........ 2 Authorize transfer of right-of-way to Anoka CountylIP98- I 7 . . . . . . . . . . . . . . . . . . . .. 2 Approve joint powers agreementlIP98- I 7/Bunker Lake Boulevard ................ 2 Resolution R085-99 accepting petitionlIP94-6/1 4608 Drake Street ................ 2 Resolution R086-99 accepting petition/Order feasibilityIIP98-27/Fox Hollow. . . . . . .. 2 Resolution R087-99 adopting assessment rollIIP97-44/Shadowbrook 3rd ........... 2 Resolution R088-99 adopting assessment roll1IP98- I 6/Shadowbrook 4th ........... 2 Resolution R089-99 approving Special Use PennitlLand reclamation/Sliding hill . . . .. 2 Approve Slow/No Wake Ordinance No. 23 I .................... . . . . . . . . . . . . .. 2 Award mowing contract (Cutting Edge Outdoor Maintenance for weeds; Blade Enterprises for mowing) .............................................. 2 Resolution R090-99 approving final plat/Cambridge Estates 2nd. . . . . . . . . . . . . . . . .. 2 Approve meeting date change/Amended Special Use Permit/Constance Free Church.. 2 Approve tree trimmer licenses ...................................... . . . . . .. 2 Resolution R091-99 approving change orderIIP98-22/Well #7 . . . . . .. . . . . . . . . . . . .. 2 Resolution R092·99 approving final paymentlIP98-22/Well #7 ................... 2 Set town meeting (May 10, 1999,7 p.m., City Hall) ....... .............. ....... 2 Resolution R093-99 accepting easement/Ed Sparr/14135 Vale Street .............. 2 Refer massage therapy to P & Z for review .............. . . . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES .................................................. 3 ANOKA COUNTY SHERIFF REPORT ........................................ 3 RECEIVE 1998 AUDITED FINANCIAL STATEMENTS & MANAGEMENT LEITER . 3 Motion to accept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 DISCUSS 1998 SURPLUS FUND ALLOCATION Motion to approve as presented by Staff ..................................... 4 SET SALE/I 999A TIF BOND ................................................ 4 Resolution R094-99 providing for sale of$I,500,000 GO Tax Increment Bonds. . . . .. 5 SET SALEII 999B EQUIPMENT CERTIFICATE Resolution R095-99 providing for sale of 1999B Equipment Certificate ............ 5 DISCUSS GREY OAKS FINANCING CONTINUED ............................. 5 Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 DISCUSS AMENDMENT TO ORDINANCE 10, SECTION 9.07, PARK DEDICATION Resolution R096-99 setting park dedication fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Motion setting effective date of new park dedication provisions. . . . . . . . . . . . . . . . . .. 8 TRAIL FEE REQUIREMENTS ............................................... 8 Resolution R097-99 setting trail fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Motion setting effective date of new trail fees. . . . . . . . . . . . . .-. .. . . . . . . . . . . . . . . .. 9 DISCUSS POLICY CHANGE/RURAL RESIDENTIAL STREET & UTILITY PROJECTS 9 . --~ -..,-. -- -, ~, ~,---.....- --_._-..- .....~- - Regular Andover City Council Meeting Minutes - April 20, 1999 Table of Contents Page ii SCHEDULE JOINT MEETING WITH PARK AND RECREATION COMMISSION REGARDING THE COON CREEK CORRIDOR TRAIL EXTENSION .......... 10 APPOINT PARK AND RECREA nON COMMISSIONER Motion to appoint Valerie Holthus as Commissioner; Mary Jo Davich as alternate. .. 10 APPOINT VICE CHAIR/PARK AND RECREA nON COMMISSION Motion to appoint Jeff Kieffer as Vice Chair. . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . .. 10 APPOINTMENT TO NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM Motion to reappoint Julie Johnson and appoint Don Jacobson ................... 10 FISCAL CONSULTANTS Motion to interview finns in the fall ....................................... 10 COMMITTEE TO ADDRESS FERC Motion to appoint citizen's committee and Staff to develop a response to FERC. . . .. I I MAYOR/COUNCIL INPUT Right-of-way rules ..................................................... 12 Bunker Lake Boulevard reconstruction project ............................... 12 RFQs for Andover Station. . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. 12 APPROVAL OF CLAIMS .................................................. 12 ADJOURNMENT......................................:.................. 12 . - ~~ .. - TI yy! U\/ClJ\ - I '1 I~{ ~I CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING ~APRIL 20,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, April 20, 1999,7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Finance Director, Jean McGann ' Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Cindy McKee. Blaine - is a massage therapist and has a private practice out of her home in Blaine. She wants to move to Andover and would like an amendment to Andover's ordinance to allow home-based occupations to include massage therapy. She sees not more than four clients a day with a minimum of30 minutes between each client. There have been no complaints in her neighborhood. It is less disruptive than a day care facility. The Council noted ma,ssage therapy is becoming an established profession and that it may be a good idea to review the ordinance again. Many other cities have changed their ordinances to allow it as a home occupation. It was agreed to add this to the regular agenda to refer the item to the Planning Commission for their review, public hearing and recommendation. Winslow Holasek - suggested several corrections to the April 6, 1999, ,Regular City Council Meeting Minutes (See Approval of Minutes in these Minutes, pg. 3). AGENDA APPROVAL Add Item I3a, Fiscal Consultant; Item I3b, Committee to address FERC; and Item 35, Refer Massage Therapy to Planning and Zoning Commission for Review'- Note in Item 17, Feasibility Report for 14122 Prairie Road NW is for sewer only. Under Item 18, Consider Bikeway/Walkway Trail Along Round Lake Boulevard, the Council asked that a trail on the south side of Bunker Lake Boulevard along Hidden Creek park be considered as well. Table Item 16, Approve Feasibility ReportlIP98-7/Winslow Hills - I 50th Lane NW Entrance Improvements, per the request of Staff. 44. , Regular Andover Cily Council Meeling Minules - April 20, 1999 Page 2 (Agenda Approval, COnlinued) Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENTAGENDA Item 14 Approve Award of BidlIP99-1 and IP97-52/Bituminous Trails and Bleacher Pad (Resolution R082-99) Item 15 Receive BidsIIP98-28/Shadowbrook 5th Addition (Resolution R083-99) Item 17 Approve Feasibility ReportlIP95-5/14122 Prairie Road NW (Resolution R084-99) Item 18 Request to Consider Bikeway/Walkway.. Trail along Round Lake BoulevardlIP99- I 4 Item 19 Authorize Transfer of Right-of-Way to Anoka CountylIP98-l7 Item 20 Approve Joint Powers AgreementlIP98-l 7/Bunker Lake Boulevard Reconstruction Item 2 I Accept Petition/IP94-6/14608 Drake Street NW (Resolution R085-99) Item 22 Accept Petition/Order Feasibility ReportlIP98-27/Fox Hollow (Resolution R086-99) Item 23 Adopt Assessment Roll/IP97-44/Shadowbrook 3rd Addition (Resolution R087-99) Item 24 Adopt Assessment RollIIP98-16/Shadowbrook 4th Addition (Resolution R088-99) Item 25 Approve Special Use PerrnitlLand Reclamation/Sliding HilVCity of Andover (Resolution R089-99) Item 26 Approve SlowlNo Wake Ordinance No. 23 I Item 27 Award Mowing Contract (Weed Abatement - Cutting Edge Outdoor Maintenance; Mowing - Blade Enterprises) Item 28 Approve Final Plat/Cambridge Estates Second Addition/Cambridge Capital, Inc. (Resolution R090-99) Item 29 Approve Meeting Date Change/ Amended Special Use Pennit/Constance Free Church Item 30 Approve Tree Trimmer Licenses Item 3 I Approve Change OrderIIP98-22/Well #7 (Resolution R091-99) Item 32 Approve Final PaymentlIP98-22/Well #7 (Resolution R092-99) Item 33 Set Town Meeting (May 10, 1999,7 p.m., City Hall) Item 34 Accept Easement/Ed Sparr/14135 Vale Street NW (Resolution R093-99) Item 35 Refer Massage Therapy to Planning and Zoning Commission for Review. Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda. Motion carried unanimously. . - ~, ~ .,. Regular Andover City Council Meeting Minutes - April 20, 1999 Page 3 APPROVAL OF MINUTES April 6, 1999, Regular Meeting - Page 5, second paragraph, first line, change to "...addressed why is there the need..."; 5th paragraph, change to "Mr. Holasek stated Northern Natural Gas estimated the cost to install the 24-inch line at $ I 8 million. He felt they are getting a bargain by installing a 24-inch line. As a 24-inch line appears to have a capacity of two 16-inch lines, this would be getting the capacity of two 16-inch lines for $9 million each." Last paragraph, correct "Chester Kopis" Page 6, first paragraph, second line, correct "...the easementS'in 1959 for $1.00 per rod..." Page 7, first paragraph, correct "Teresa Caldwell, 3880 South Enchanted Drive..." Page 8, third paragraph, correct "Rick Sperl". April 7, 1999, Board of Review - Correct as written. Motion by Jacobson, Seconded by Knight, the Minutes of April 6 as amended earlier and April 7 Board of Review. Motion carried on a 4- Yes, I -Present (Orttel) vote. ANOKA COUNTY SHERIFF REPORT Captain Bruce Andersohn reviewed the services provided the City of Andover during the month of March in which they responded to 922 calls. Mayor McKelvey had a complaint regarding the enforcement of golfing in the parks, specifically relating to an incident of tagging a child. He also noted that person must go to court, not just pay a fine. Attorney Hawkins advised the violation of the ordinance is a misdemeanor which requires a court appearance. If the City wishes it to be a petty misdemeanor, the ordinance would have to be changed. Staff talked about the danger involved with maintenance in the park and the problems created by golf balls in the grass and on the playing fields. Mr. Fursmafi noted the Park and Recreation Commission has asked that the ordinance be strictly enforced. Captain Andersohn stated they will use more discretion in the future. He will also check on the specific incident referred to by the Mayor. Captain Andersohn reported they will be holding a meeting with v()lunteers of the Crime Watch program from all of the communities they serve. They are actively involved in the program and are looking for ways to make it more effective. RECEIVE 1998 AUDITED FINANCIAL STATEMENTS AND MANAGEMENT LETTER David Hinnencamp, Kern, DeWinter, Viere, Ltd., gave an overview of the audited financial statements and financial report for the City for 1998. He presented graphs of the financial situation of the City including the General Fund Balance, revenue and expenditures, net tax capacity, and the sewer and water utility funds. Overall, he stated the City is in a very good financial position. They . ., - - ..." ............- - ..~. -.~..- ,.-..". ~. -.. Regular Andover City Council Meeting Minutes - April 20, 1999 Page 4 (Receive 1998 Audited Financial Statements and Management Letter, Continued) do not consider it a major problem that the general fixed assets were not audited. Most cities do not have that. A system is being put in place for tracking fixed assets, Councilmember Orttel was concerned with the deficit in the sewer utility fund. Mr. Hinnencamp stated running at a deficit is common because of the high cost of those facilities, plus the depreciation on those assets is very large. Ms. McGann noted the last rate increase was January, 1997, and it was understood that would be for a three-year time frame. Starting January I, 2000, about 600 accounts under a different account schedule will start paying the higher rate. That is also when they will need to review the rates again. Motion by Jacobson, Seconded by Knight, to accept the Auditor's Financial Statements and Auditor's Report. Motion carried unanimously. The Council congratulated Ms. McGann and her Staff for a job well done. DISCUSS 1998 SURPLUS FUND ALLOCA TION Ms. McGann stated the Council approved a Residual Equity Transfer of the 1998 surplus funds to the Capital Equipment Reserve fund. Staff has suggested priorities for the use of those funds for the Fire Department, Streets and Highways, an inspection vehicle for the Building Department and the welI at Hawkridge park for a total cost of $258,390. She noted a correction on the agenda item, as the $169,500 for Streets and Highways is for the overlay program. Fire Chief Dan Winkel explained there are problems with the roof leaking at both Fire Stations I and 2, and they are experiencing water damage. They are requesting $ I 0,000 and hoping that wilI be sufficient for both buildings. They are also meeting with the architects as to who wilI cover the costs because those roofs have always had some problems. Motion by Jacobson, Seconded by Orttel, move Item 3 as presented by Staff with the minor correction as noted by Ms. McGann. Motion carried unanimously. SET SALE/1999A TIF BOND Ms. McGann stated there has been a slight modification to the Tax Increment Financing Bond since the last meeting. The amount of this issue is $1,500,000 tax exempt bonds. This fall they wilI be looking at issuing a taxable bond. They do not recommend issuing the taxable bond this time since the funds wilI not be used right away. Tax exempt bonds cannot be used to purchase the remaining salvage yard. If the decision is made not to purchase that property, then the funds could be put into infrastructure and could be tax exempt. The sale is proposed to be set for May 18 with the proceeds to be received on or around June 10. --. . _. --...... -- Regular Andover City Council Meeting Minutes - April 20, 1999 Page 5 (Set Salel1999A T1F Bond, Continued) Tom Truzinski, Juran and Moody, Inc., explained it costs approximately $20,000 to issue the bond. As proposed, that cost would be paid twice, once for each bond. Mr. Fursman stated ifthere are land sales at Andover Station, those funds could be used to retire this bond. The problem is not knowing when those sales will come in. He is more comfortable with the smaller bond at this time until the results of the land sales are known. Motion by Orttel, Seconded by Knight, the Resolution as presented (Resolution R094-99 providing for public sale of $1,500,000 General Obligation Tax Increment Bonds of 1999). Motion carried unanimously. SET SALE/1999B EQUIPMENT CERTIFICATE Motion by Jacobson, Seconded by Knight, the Resolution as presented for sale of 1999B Equipment Certificate. (Resolution R095-99) Motion carried unanimously. DISCUSS GREY OAKS FINANCING CONTINUED Mr. Carlberg explained the Council approved the planned unit development of Grey Oaks as a senior/empty nester project. In discussing the financing of the project; the Council requested copies of the agreements with The Farmstead project developed by Presbyterian Homes of Minnesota which was financed through the use of Tax Increment Financing. A 25-year TIF Housing District was established for The Fannstead, and a pay-as-you-go method is used where the developer is reimbursed by the City from tax increments derived from the project over a IS-year period. The amount being rebated is used to write down the cost of the rents for the residents. The Farmstead reduces the rents about $ I 25 a month on 140 units. The City also issued elderly housing revenue bonds on behalf of Presbyterian Homes of Minnesota, but the City is not subject to any liability for the payment of the bonds. There are both state and federal reporting requirements to monitor this. lhe Anoka County Housing Financing program sets the rents to be sure they are not inflated. The rates are adjusted each year. Jerry Windschitl, Chesterton Partnership, stated they are looking at a TIF district very similar to what was done for Presbyterian Homes of Minnesota. The Farmstead is 140 units and Grey Oaks would be 150 units. The two large buildings and one 30-unit build would be included in the district. The benefit of the district is to provide housing to that large percentage of the senior market that has very limited resources. Most of these types offacilities have a subsidy element in them, and he is not aware of any criticisms or abuses in it. He thought the basis for detennining the annual rent is set by the Anoka County HRA. Councilmember Orttel asked if there was a request from Mr. Windschitl on the TIF district and revenue bonds. .. -0-' Regular Andover City Council Meeting Minutes -April 20, 1999 Page 6 (Discuss Grey Oaks Financing, Continued) Mr. Windschitl stated they have not requested the issuance of revenue bonds. They have a request to the City which was made at 1east six months for the TIF, which gives the ability to provide reduced rents for seniors. A benefit to the City is the receipt of the administrative fee each year. At one time it was mentioned that the entire Grey Oaks development could be in the TIF district. They are willing to explore it if the Council wants. Everything in the TIF district would be rental units; the remainder of the project would be for-sale single units. Councilmember Orttel noted the govenunent assistance for many units in the I 970s has now expired, which could negatively affect many people in that age group. That can be a concern when the TIF .district expires. Mr. Windschitt stated from a social conscience standpoint, it is only reasonable to ask for at least some part of the development to be in a TIF district to offer reduced rental units. They are getting all items in place before drafting the documents regarding the restrictions for senior/empty nesters. They have run into a problem with the parking in the commercial area since the variance for the 20- foot setback was not granted. They have retained another traffic engineer to work with the site. They are reluctant to have deficit parking. The Council discussed the benefits of the program, some of the concerns regarding the monitoring of the program and accurately setting the rents, whether the entire Grey Oaks development should be under the TIF district or just that area proposed, that the district would go back to market rates and could be sold at the end of the TIF period, that the TIF would be to provide revenue and subsidize rents and not to qualify this as a senior development and that the low and moderate income categories would be determined by the Anoka County HRA. Mr. Windschitt explained the management under the TIF is under the control and reporting of HUD. They have a specific reviewing system to be sure the project is in compliance. He needs to know whether or not those units will be in the TlF district because there are interior design differences between the rental and for-sale units. The request is very similar to that of The Farmstead. In response to questions on the specific amount of the rents and subsidy, Mr. Windschitt stated that would be determined as the documents are done. It makes no sense to go through the expense of drafting those documents if the concept is unacceptable to the Council. They would like to get one of the rental buildings constructed this year. Councilmembers Jacobson and Johnson noted they were not on the Council when the program was established for The Farmstead, and they had some questions and concerns with the concept. It was then decided that all of the documents relating to The Farmstead would be given to those Councilmembers, and they are to discuss their questions with Staff Councilmember Knight was inclined to explore expanding the district beyond the three buildings. It was then agreed to table the item to the next meeting. The Council asked for a rough proposal on the rents, net tax capacity, etc. Regular Andover City Council Meeting Minutes - April 20, 1999 Page 7 (Discuss Grey Oaks Financing, Continued) Motion by Orttel, Seconded by Jacobson, to table the item on Item 6 to the next regular Council meeting. Motion carried unanimously. DISCUSS AMENDMENT TO ORDINANCE NO. 10, SECTION 9.07, PARK DEDICATION Park and Recreation Commission Chairperson Dave Blackstad reviewed the recent land sales in Andover for residential and commercial development. The Commission is recommending the fees be set higher than what was approved from $1, 100 to $1,300 per unit, which is in line with the City of Blaine. They are also recommending the commercial/industrial rate be revised to $3,500 per acre. Blaine has $2,90 per acre for commercial and $2,367 per acre for industrial. Elk River's dedication commercial rate is $3,000 per acre and $2,000 per acre for industrial. The $2,750 for commercial would be less than what was received for Hamilton Square. The Commission would also like a clarification of at what point does the process change from using the old ordinance to the new one. Councilmember Jacobson was concerned with raising the rates too high, especially with the addition of trail fees, and running the risk oflawsuits. Councilmember Orttel stated using $20,000 per acre and 2. I homes per acre, $ 1,100 per unit seems correct or maybe on the high side. With so many variations in commercial, he was inclined to stay with the 10-percent policy and procedure in place for appraisals. Councilmember Jacobson stated the City owns the commercial park; so whatever is done will affect that development. He felt the City needs to be treated the same way as other developers. Attorney Hawkins stated the EDA owns the land. He acknowledged paying park dedication for that development simply means taking it from one account and putting it in another. Mr. Fursman stated about 20 percent of land is being designated for park area in the north commercial area, plus certain resources have been obligated toward the trail development in those parks. He thought the contributions go beyond the requirement for park dedication. Motion by Jacobson, Seconded by Orttel, a Resolution setting park fees for cash in lieu ofland as submitted with the change in Cash in Lieu of Land Dedication (Commercial/Industrial), where the Resolution says $2,750 per acre, should be changed to a straight 10 percent; the rest of the figures in Cash in Lieu of Land Dedication (Residential) would remain the same as in the Resolution. (Resolution R096-99) DISCUSSION: Mr. Carlberg stated the Staff is ipterpreting the Resolution that multiple family would be anything more than two units. Two units would be $1,100 per unit. Four units would be $ I ,000 per unit. The Council agreed. Motion carried unanimously. The Council discussed at what point the new policy would be put in place. It was noted the preliminary plats of Fox Hollow and Grey Oaks, which have been approved by the Council, should follow the current ordinance since the park dedication has already been discussed and determined by the Park Board. ..-,-. Regular Andover City Council Meeting Minutes - April 20, 1999 Page 8 (Amendment to Ordinance No.1 0, Section 9.07, Park Dedication, Continued) Motion by Orttel, Seconded by Knight, that the Park Dedication Ordinance to become effective for any plat getting preliminary plat approval after the date of publication of the ordinance; and that it would apply also to any plat that has been preliminarily approved by that date that does not receive final approval by the City Council within 12 months of that date. Motion carried unanimously. APPROVE TRAIL FEE REQUIREMENTS, CONTINUED Mr. Erickson reviewed a map of the proposed off-street trails that would be located in the City and the phasing of construction. Based on 40 miles of trails still to be constructed, it calculates to be approximately $385/unit if the development cost is evenly distributed between exiting and future residential units. The calculations assume some grants will be received, though that is not a guarantee. The fee would go toward the development of those trails as planned on the map. The Council noted the phasing calls for only 8Y, miles in the next 10 years, leaving the remaining 38 miles for the 10 years after that. The cost of the pedestrian bridges included in the cost of development was questioned. It was also suggested it would be a benefit to tie the trails to the new county regional park in the northwestern portion of the City, though it may have to be some river crossmg. Discu~sion was then on the justification for a trail fee and determining what would be the appropriate fee for residential areas. Attorney Hawkins advised this would be a trunk charge for installing the basic trail system within the City. He felt the calculations are legally defensible based on the comprehensive trail plan for the entire City. Mr. Erickson stated sidewalks are an internal issue and would be charged to the developer. Mr. Fursman also acknowledged the proposal means the new residents will end up paying a greater share of the trail costs than the existing residents. It is a new fee. Jerry Windschitl, Chesterton Partnership, stated to the best of his knowledge, the trail fee being proposed is one of the more aggressive in the metropolitan area. The only way this analysis will work is if the City actually builds the $5,754,000 worth of trails. Ifnot, the analysis falls apart and it ends up that the new residents will be paying for the entire trail system. Realistically, the only way to raise that kind of money is to float a bond issue. If that is done, it would mean that the new residents would be paying not only park dedication and the trail fee, but the cost to repay the bond as well, which is paying for the same thing twice. He felt this proposal severely penalizes the new residents of the City. Councilmember Orttel noted many of the trails are in the rural area, which is very expensive. Again, he didn't think the costs for the road crossings should be included in this. Chairperson Blackstad noted commercial development will pay 100 percent of the trails, which is why a trail fee is not proposed for that development. Motion by Knight, Seconded by Johnson, the Resolution with the addition of adding a Comprehensive Trail system in the first sentence (A Resolution setting fees for trails in the Comprehensive Trail System in Commercial/Industrial and Residential Developments) - .. ....-. Regular Andover City Council Meeting Minutes - April 20. 1999 Page 9 (Approve Trail Fee Requirements, Continued) DISCUSSION: Several Councilmembers felt the proposed $385 per unit was too high. Winslow Holasek understood the proposal of the fee based on 40 miles of trail; however, he questioned the location of the trail along the railroad tracks, especially because of the proximity of Hanson Boulevard and Prairie Road. He felt that is a bad place for a trail, which encompasses about one-third of the trail system. The Council tended to agree, suggesting Staff look at that again. Attorney Hawkins advised the trail fee would be collected at the time of the final plat. Councilmember Jacobson amended the motion to change the price to $300 per unit and to eliminate the words "Mobile Home". (Resolution R097-99) Seconded by Johnson. Motion on the amendment carried on a 3- Yes, 2-No (McKelvey, Orttel) vote. Motion on the amended motion carried on a 3- Yes, 2-No (McKelvey, Orttel) vote. Motion by Orttel, Seconded by Jacobson, that the trails fee to become effective for any plat getting preliminary plat approval after the date of approval of the Resolution; and that it would apply also to any plat that has been preliminarily approved by that date that does not receive final approval by the City Council within 12 months of that date. Motion carried unanimously. DISCUSS POLICY CHANGE ON NEW RURAL RESIDENTIAL STREET AND UTILITY PROJECTS Mr. Erickson asked for direction regarding the City's current practice in the construction of streets and storm sewers for rural projects. That policy allows rural developers to construct the streets and storm sewers for their development, and the City does some inspections. They have increased inspections but are still running into issues regarding the quality of the project. The contractor is working for the developer; and when there is a controversy, it is difficult to get it resolved. He asked the Council to consider having the City contract for the construction of these improvements. It is felt the quality control for the improvements would be enhanced because the contractor would be working for the City. He talked with Byron Westlund of Woodland· Development who does a lot of rural projects. Mr. Westlund is receptive to trying this on a trial basis. The Council discussed the possibility of increasing the fees for inspections and to do them more often rather than contracting for the improvements. It's not as important that the City do it but that the project get done right. Mr. Erickson stated that could be done but felt someone else would have to be hired to do so. The Council wanted to see the cost difference and suggested Mr. Erickson work with Mr. Westlund. Mr. Erickson stated the fee schedule can be adjusted to be sure the City's costs are covered. The Council agreed. - ., Regular Andover City Council Meeting Minutes - April 20. 1999 Page 10 SCHEDULE JOINT MEETING WITH PARK AND RECREATION COMMISSION REGARDING THE COON CREEK CORRIDOR TRAIL EXTENSION Rather than going forward with a public hearing, Councilmember Orttel suggested an informal neighborhood meeting with the residents, Council and Park and Recreation Commission be scheduled. He noted that a trail over the existing easement could separate the front of the parcels along Andover Boulevard from the back part along the creek, malång that portion unusable to them. The City could potentially end up buying the balance of those lots. He also suggested the City look at the potential of placing the trail along the south side of the creek where it wouldn't interfere with the residents. The Council directed Staff to schedule an informal meeting with the neighborhood on this issue. APPOINT PARK AND RECREATION COMMISSIONER Motion by Jacobson, Seconded by Knight, that the Council appoint Valerie Holthus to a term to expire 12/31/01 and designate Mary Jo Davich as alternate in case of retirement or someone leaves the Commission. Motion carried on a 4- Yes, I-Present (Johnson) vote. APPOINT VICE CHAIR/PARK AND RECREATION COMMISSION Motion by Knight, Seconded by Orttel, to appoint Jeff Kieffer as Vice Chair to the Park and Recreation Commission. Motion carried unanimously. APPOINTMENT TO NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM Motion by Orttel, Seconded by Knight, that the Council reappoint Julie Johnson and appoint Don Jacobson to fill the position previously held by Pastor T. J. Anderson, and that Richard Fursman remain as alternate. Motion carried unanimously. FISCAL CONSULTANTS Motion by Jacobson, Seconded by Orttel, to interview the firms in the fall of the year to start January, 2000. Motion carried unanimously. ~ -,. Regular Andover City Council Meeting Minutes - April 20, J 999 Page II COMMITTEE TO ADDRESS FERC Mr. Carlberg stated FERC has been reviewing the environmental assessment. Northern Natural Gas Company has been addressing the issues raised by the residents and cities of Ramsey and Andover. They have had conversations with the City of Ramsey Staff. FERC is the federal agency involved with safety issues. If they issue the permit for the new pipeline, they are saying it is safe and that this is the proper route for it. He did not think they will see a response from FERC within the 60-day time frame. Motion by Jacobson, Seconded by Johnson to authorize Staff to develop a response to the pipeline issue to FERC in a timely manner talking to whomever is experienced locally or in conjunction with other cities to get the necessary data and to address our concerns that we have over the routing and safety of the pipeline. DISCUSSION: Winslow Holasek stated the biggest problem is that of communication. Most of the people don't know that a response is needed to FERC. They want public comments and to hear specific concerns. He felt a mailing is needed to the residents. He felt many people would be willing to work on this, but they do not know that FERC must receive their responses by May 14. He felt strongly that a citizens' committee is needed that is sanctioned by the Council. The Council felt the committee should consist of up to five members of the community who will meet with Staff. Staff would prepare the documents. The issue is time, thinking it may take too much time to contact everyone by mail. It would be quicker if several people would call the others. Mr. Carlberg stated anything that would be submitted would be approved by the Council. They can do a generallettcr updating people impacted by thc pipeline and let them know if there is a deadline they need to know about. If an interested group wants some items from the City, they can provide it. They will assist the resident group in any way they can. It would be best to deal with one or two people from the committee. COlllicilmember Jacobson added to the motion that Staff can talk with anybody and to establish a citizen's committee to study the issue and assist the Staff in drafting a response. Second Stands. DISCUSSION: Mr. Holasek stated they will come back with the names of people, hopefully from the different areas along the proposed pipeline route. Motion carried unanimously. , Council member Jacobson noted the Council tabled the Northern Natural Gas Company Amended Special Use Permit request for 60 days. IfFERC does not make its decision within that time, what happens to the Permit? Attorney Hawkins advised the Permit has no legal significance. It is more of a process to notifY the residents and to get input and now to provide input to FERC. From a legal standpoint, the City will not be able to stop the project. The City does have the right to extend the Permit request one more time. . . Regular Andover City Council Meeting Minutes - April 20. 1999 Page 12 MA YOR/COUNCIL INPUT Right-of-way rules - Councilmember Jacobson stated the Quad Cities Cable Commission has been informed that the Minnesota Public Utilities Commission has finalized their rules for right-of-ways which will be effective unless the city has in place a right-of-way ordinance. He suggested the City get something in place very, very quickly or it will have no control over the right-of-ways. He suggested a draft ordinance be placed on the next Council agenda for consideration and adoption. Mr. Carlberg stated a proposal will be placed on the next agenda. Bunker Lake Boulevard reconstruction project - Mr. Erickson stated the bids for this project were opened today and the County Board is expected to act on them next week. They may start outside of the areas that are in condemnation. Formal documents will be brought to the Council to formalize the necessary right-of-ways. Along Andover Station that will be done in the platting process. RFQs for Andover Station - Mr. Carlberg stated two RFQs were received. He has not had an opportunity to talk with Mike Malrooney about the responses; howeyer, it is suggested that rather than interviewing those firms, they would go directly to the RFP stage. APPROVAL OF CLAIMS Motion by Knight, Seconded by Orttel, the payment of bills. Motion carried unanimously. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:50 p.m. Respectfully submitted, '~"'O~~ ¿L Mar lla A. Peach Recording Secretary