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HomeMy WebLinkAboutCC March 16, 1999 (j-/T' ICH\A.CG\ ì IlR ICt ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, March 16, 1999 agenda Planning & Zoning Interviews - 6:00 to 7:00 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. Discuss Grey Oaks Financing financing 3. Review Joint Powers Agreement/98- I 7/Bunker Lake Blvd. Reconstruction jp9817 4. Approve Plans & Specs/98-17 & 99-5/Bunker Lake Blvd. Reconstruction & appr9817 Jay Street Traffic Signal 5. Approve Right of Entries/98- I 7/Bunker Lake Blvd. Reconstruction entries 6. Approve No Parking Resolution/98- I 7/Bunker Lake Blvd. Service Road nopark 7. Approve Resolution/Spending Off System MSA Funds onto CSAH System apprmsa Bunker Lake Blvd Reconstruction/98- I 7 8. Allocate Future MSA Funds/98-17/Bunker Lake Blvd. Reconstruction allocmsa 9. Discuss Request/98-17/Bunker Lake Blvd. TraiVWoodland Development requ9817 10. Amend Ordinance No. 10, Section 9.07/Park Dedication parkded II. Approve Resolution Establishing Park Dedication Fee apprfee 12. Consider Reintroducing Trail Fee Requirement trailfee 13. Discuss New Irrigation Well at Hawkridge Park/99-2 disc992 14. Discuss Pedestrian Under-Overpass/98-20 disc9820 15. Approve Ordinance No. 247/Right-of-Way Management Ordinance ord247 Reports of Staff, Committees, Commissions 16. Discuss Concession Contract/Sunshine Park stand 17. Appoint Planning and Zoning Commissioner apppzcom Non-Discussion/Consent Items 18. Approve Recording Secretary Agreement/Planning & Zoning and Park and Recreation secretary 19. Approve Plans & Specs/98-28/Shadowbrook 5th Addition appr9828 20. Order Plans & Specs/96- IlKelsey-Round Lake Park ord961 21. Approve Plans & Specs/99-I/Sunshine Park and Tower Drive Trails appr991 22. Approve Plans & Specs/97-52/Bleacher Pads/Soccer & Ballfields appr9752 23. Approve Quotes/99-9/Soccer Goals at Various Parks appr999 24. Reduce Letter of Credit/Pheasant Glen locpglen 25. Approve Consent for Use of Real Property for Helicopter Landing Site landing at City Hall Park Complex #1 ..,- ~ ..- Page Two Regular City Council Tuesday, March 16, 1999 26. Adopt Ordinance Amendment No. 218A1Regulating Parking parking 27. Resolution Supporting Repeal of State Sales Tax for Local Government Purchases sales tax 28. Approve Deeds/Andover Station deed 29. Approve Payment/Appraisal/Commercial Auto/Patchin Messner Appraisals patchin 30. Approve Tree Trimmer License tree 3 I . Accept Resignation/Park and Recreation Commissioner/Brian Barringer resign 32. Approve to Advertise for Park and Recreation Commission Vacancy vacancy Mayor/Council Input Payment of Claims Adjournment "'''.~._.___'. On. ...._ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 16, 1999 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CONSENT AGENDA Approve Recording Secretary Agreement/P & Z and Park Board . . . . . . . . . . . . . . . . .. 2 Resolution R060-99 approving plans & specslIP98-28/Shadowbrook 5th ........... 2 Resolution R061-99 ordering plans and specsIIP96-I/Kelsey-Round Lake Park ...... 2 Resolution R062-99 approving plans & specslIP99- I/Sunshine Park & Tower Drive .. 2 Resolution R063-99 approving plans & specslIP97-52/Bleacher pads/Soccer & ballfields2 Approve quotesIIP99-9/Soccer goals (MN- WS Playground, $5, I 70.52) . . . . . . . . . . . .. 2 Reduce Letter of Credit/Pheasant Glen ...................................... 2 Approve consent for helicopter landing site at City Hall Park Complex #1 .......... 2 Adopt Ordinance Amendment No. 218A1Regulating parking. . . . .. . . . . . . . . . . . . . .. 2 Resolution R064-99 supporting repeal of State sales tax for local government purchases 2 Approve deeds/ Andover Station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve payment/Appraisal/Commercial AutolPatchin Messner Appraisals.. . . . . . .. 2 Approve tree trimmer license (Strong and Sons Treet Service) . . . . . . . . . . . . . . . . . . .. 2 Accept resignation/Park and Recreation Commission/Brian Barringer . . . . . . . . . . . . .. 2 Approve to advertise for Park and Recreation Commission vacancy ............... 2 Approve deeds accepting trail and drainage and utility easements/Shadowbrook 4th. .. 2 APPROVAL OF MINUTES .................................................. 2 ACCUSATION - ILLEGAL BURYING OF CONTAMINATES ..................... 3 ANOKA COUNTY SHERIFF REPORT ........................................ 3 REVIEW JOINT POWERS AGREEMENTIIP98-1 7/BUNKER LAKE BOULEVARD RECONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Motion to table to next meeting ............................................ 4 APPROVE PLANS AND SPEIŒ(!ImSIl1WlmI11JN5ÆmJJÆRnmIEß~NAL Resolution R065-99 approving plans and specs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 APPROVE RIGHT OF ENTRIESIIP98- I 7/BUNKER LAKE BLVD RECONSTRUCTION Motion to approve ...................................................... 5 NO P ARKING/IP98- I 7/BUNKER LAKE BOULEVARD SERVICE ROAD Resolution R066-99 to approve. . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. 6 SPENDING OFF SYSTEM MSA FUNDS ON CHAH SYSTEMlIP98-1 7 Resolution R067-99 requesting approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 ALLOCATE FUTURE MSA FUNDS/IP98- I 7 Resolution R068-99 requesting advance financing ofMSA projects ............... 6 DISCUSS REQUESTIIP98-1 7/BUNKER LAKE BOULEVARD TRAIL/WOODLAND .. 6 ORDINANCE NO. 247/RIGHT-OF-WA Y MANAGEMENT ORDINANCE............ 7 Motion directing P & Z to hold public hearing on the proposed ordinance . . . . . . . . . .. 9 APPOINT PLANNING AND ZONING COMMISSIONERS Motion to appoint Larry Dalien & Mark Hedin (Steve Erchul & Gene Dudziak as alternates) . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . .. . . . . .. 10 Regular Andover City Council Meeting Minutes - March 16, 1999 Table of Contents Page ii AMEND ORDINANCE NO. 10, SECTION 9.07/PARK DEDICATION and RESOLUTION FOR ESTABLISHING PARK DEDICATION FEES ............. 10 Motion setting fees for single family, multi-family and apartments ............... I I Resolution R069-99 setting fees for commercial park dedication & residential. . . . .. 12 Motion to approve Ordinance No. 10 amendment. . . . . . . . . . . . . . . . . . .. . . . . . . . .. 12 DISCUSS NEW IRRIGATION WELL AT HA WKRIDGE PARKlIP99-2 ............. 12 DISCUSS PEDESTRIAN UNDER-OVERPASSIIP98-20 . ... ....... ..... .......... 13 DISCUSS CONCESSION CONTRACT/SUNSHINE PARK Motion to approve ..................................................... I3 MAYOR/COUNCIL INPUT Town meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 Newsletter. . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. .. . . . . .. 14 Bill Luther meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 APPROVAL OF CLAIMS .................................................. 14 ADJOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 u:..-, v \C¥1{}.((}. "-t I ({ ll.T I CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 16, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, March 16, 1999,7:02 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 Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Russ Mitchell. 15744 Nightin[!ale Street - read a statement regarding his credentials in the field of systems safety. In his experience, he has never seen a municipality so grossly mislead as Andover has been by Northern Natural Gas. He stated the municipality can have a say regarding the natural gas pipeline project, and he explained the procedure the City must take to request intervention to the federal government to become an official party to the proceeding. He is concerned with the pipeline project and wanted to see the City take a more active role in it. Timing is important, as the request for intervention must be in by March 26. He is willing to make himself available to Staff if needed. Mr. Carlberg stated the letter and resolution sent to the federal government could be modified to include the sentence relating to intervention. The Council suggested he do what is necessary so the City is included in the intervention. AGENDA APPROVAL Add Item 33, Approve Deed Accepting Trail and Drainage and Utility Easements/Shadowbrook 4th Addition; Withdraw Item 2, Discuss Grey Oaks Financing per the developer's request; Withdraw Item 12, Consider Reintroducing Trail Fee Requirement. Motion by Jacobson, Seconded by Knight, approval of the Agenda as amended. Motion carried unanimously. ..,..~...-.....~- ... ..... - Regular Andover City Council Meeting Minutes - March 16, 1999 Page 2 CONSENT AGENDA Item I 8 Approve Recording Secretary Agreement/Planning and Zoning and Park and Recreation (with correction under Item I, Minutes of each meeting shall be prepared and submitted via e-mail within five (5) working days...) Item 19 Approve Plans and SpecsIIP98-28/Shadowbrook 5th Addition (Resolution R060-99) Item 20 Order Plans and Specs/IP96-llKelsey-Round Lake Park (Resolution R061- 99) Item 2 I Approve Plans and SpecslIP99-IISunshine Park and Tower Drive Trails (Resolution R062-99) Item 22 Approve Plans and SpecslIP97-52/Bleacher Pads/Soccer and Ballfields (Resolution R063-99) Item 23 Approve QuoteslIP99-9/Soccer Goals at Various Parks (MN- WS Playground, Inc. $5, I 70.52) Item 24 Reduce Letter of Credit/Pheasant Glen Item 25 Approve Consent for Use of Real Property for Helicopter Landing Site at City Hall Park Complex #1 Item 26 Adopt Ordinance Amendment No.2 I 8A1Regulating Parking Item 27 Resolution Supporting Repeal of State Sales Tax for Local Government Purchases (Resolution R064-99) Item 28 Approve Deeds/Andover Station Item 29 Approve Payment/Appraisal/Commercial AutolPatchin Messner Appraisals Item 30 Approve Tree Trimmer License (Strong and Sons Treet Service) Item 3 I Accept ResignationlPark and Recreation CommissionlBrian Barringer Item 32 Approve to Advertise for Park and Recreation Commission Vacancy Item 33 Approve Deeds Accepting Trail and Drainage and Utility Easements/Shadowbrook 4th Addition Motion by Knight, Seconded by Jacobson, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES February 23, 1999, Special Meeting: Correct as written. March 2, 1999, Regular Meeting: Page 6, last paragraph on the Special Use Permit for Connexus Energy, clarifY that the overhead lines would cross Crosstown Boulevard to bypass both the Martinsen and Bies properties. Page 10, change Item 6 that Grey Oaks will be a phased development in keeping with the development guide and the Andover Comprehensive Plan which indicates that the Grey Oaks development is in two development time frames. Page 13, Item 19 should read, the acceptance of a signed joint parking agreement in the parking area to satisfY parking stall requirements. Regular Andover City Council Meeting Minutes - March 16, 1999 Page 3 (Approval of Minutes, Continued) March 2, 1999, HRA Meeting: Correct as written. Motion by Orttel, Seconded by Knight, to accept the Minutes as amended. Motion carried unanimously. ACCUSATION -ILLEGAL BURYING OF CONTAMINATES Councilmember Jacobson stated two weeks ago a resident read a document indicating the City had illegally buried contaminates several years ago. The Council has received an investigative report that indicates that did not happen. Based on that report he moved: Motion by Jacobson, Seconded by Orttel, to move that the report be included in the Minutes. Motion carried unanimously. ANOKA COUNTY SHERIFF REPORT Captain Bruce Andersohn reviewed the statistics for February of the Sheriff's activities within the City of Andover. The Department received 762 radio calls in February, and the Community Service Officers handled 97 radio calls. Prior to the snowfall, they had issued 24 citations for snowmobile enforcement. In the two days of the snowstorm last week, they issued 20 citations in Andover. He then introduced all of the Deputies present that will be working in the City in 1999. Mr. Fursman stated the 1999 General Fund budget had anticipated receiving three additional COPS grants. That grant was not approved, and the City will be receiving only one COPS grant. The hiring of officers has been stopped other than the original budget at 48 hours. He has contacted the City's federal representative and will also contact the US senators to get answers from the COPS grant program in Washington. Captain Andersohn stated they were not given any explanation as to why they were turned down for the additional two officers. They have been told they can send a letter requesting an explanation, but they have not done so at this point. He felt it might be in the City's best interest to have the Senators inquire as to whether or not they would reconsider that funding. The Council suggested Mr. Fursman contact Representative Luther and Senator Grams regarding this issue. REVIEW JOINT POWERS AGREEMENT/IP98-17/BUNKER LAKE BOULEVARD RECONSTRUCTION Mr. Erickson stated he has prepared a review of the joint powers agreement with comments on the points of concern. He has also been working with Jon Olson of the Anoka County Highway Regular Andover City Council Meeting Minutes - March 16, 1999 Page 4 (Review Joint Powers Agreement/1P98-17/Bunker Lake Blvd, Continued) Department regarding those issues. One issue relates to the existing sewer and water mains that are outside of the right of way now, but will be within the additional right of way that will be dedicated in the project. His position is that the relocation of those lines become part of the project cost. Councilmember Jacobson had an issue with Number 16 of the agreement where the county wants the City to pay 95 percent of its share of the project up front. That seemed unreasonable to him. Jon Olson, Anoka County Highway Department, stated that item has been adjusted in the last three- four years. Previously they billed after a project was completed and often waited one to two years for reimbursement. When they let a contract, they are obligated to pay the contractor, so that is why they have changed their policy. He suggested to Mr. Erickson that perhaps they could wait a couple months after the award of the contract for payment. Councilmember Jacobson stated he had no problem paying as you go, but paying as much as a year in advance is not reasonable. Mr. Olson stated there are some ways in which they can be flexible, but he is not extremely interested in changing their entire policy. Mr. Erickson felt he could resolve this issue with Mr. Olson. Councilmember Jacobson stated Page 5, Section 10 of the agreement states maintenance of the storm sewer system is the sole obligation of the City. He didn't understand why the City would have to maintain a county system. Mr. Olson stated this has been a long-standing county policy. Maintenance of those types of facilities have been passed on to the cities for as long as he has been around. It is similar to the maintenance of sidewalks, which they do not do. Councilmember Jacobson stated Page 7 of the agreement states the City shall be responsible for the painting of the traffic signal. That is county property, so why is the City responsible for this. He also stated that Mr. Erickson's comments were similar to his own. Mr. Olson stated he has discussed the issues of the agreement with Mr. Erickson this afternoon, and they will continue to work on them. Councilmember Orttel asked about the EVP for emergency vehicles at a cost of $33,900 to the City. Mr. Olson stated it costs about $55,000 to $80,000 per intersection. It has a center white flashing light visible from all quarters that is activated; everything else goes red except the flashing light. Mr. Erickson stated this is just a draft for Council comments. He will continue to discuss those items of concern with Mr. Olson. Motion by Jacobson, Seconded by Knight, to table this until our next meeting to allow Staff and the county to work on the areas that need to be discussed. Motion carried unanimously. Regular Andover City Council Meeting Minutes - March 16, 1999 Page 5 APPROVE PLANS AND SPECSIIP98-17 AND 99-5/BUNKER LAKE BOULEVARD RECONSTRUCTION AND JAY STREET TRAFFIC SIGNAL Motion by Jacobson, Seconded by Johnson, the Resolution in Item No. 4 prepared by Staff (Resolution R065-99 approving final plans and specifications and ordering advertisement for bids for Project No. 98- I 7, Bunker Lake Boulevard NW Reconstruction and Project No. 99-5 Jay Street Traffic Signal) DISCUSSION: The Council discussed the issue of the joint entrance/signal for Meadow Creek Church and Crooked Lake School. Councilmember Jacobson stated he serves on the Board of Deacons on the Church and school of Meadow Creek. As a member, he asked if the Council felt that would be a conflict of interest. The Council agreed there was no conflict because it is a volunteer position. Councilmember Jacobson stated the attorneys for the church and the school district met to discuss a joint agreement for a single entrance for both entities. The school district stated it would not agree. He didn't think they would come to an agreement for the joint use of an entrance, so the county will have to condemn the property to do it. The county would then be looking for the City to assume the responsibility for the street, which would make it a City street. If the City doesn't want the street, it could then be vacated. He walked the property with the Administrator, and he doesn't especially care for either option; however, he would prefer the proposal that looks like a doughnut. Mr. Erickson felt Staff can come up with the appropriate layout for the entrance. He asked if the Council wished to accept that as public right of way. The Council noted that the entrance is necessary for safety purposes which would allow those from both schools to exit onto Bunker Lake Boulevard. They did not have a problem with the City accepting the street for maintenance once it is constructed. Mr. Erickson stated Staff is working with the consulting engineer regarding the water service to the apartments along Bunker Lake Boulevard. The proposal is to service it with a trunk watermain to the property but not separate service lines to each building. The Council agreed. Motion carried on a 4- Yes, I -Present (Orttel as he lives on the road) vote. APPROVE RIGHT OF ENTRIESIIP98-17/BUNKER LAKE BOULEVARD RECONSTRUCTION Motion by Jacobson, Seconded by Knight, the approve the right of way entries agreement as presented. Motion carried unanimously. - -- ~. -. "' Regular Andover City Council Meeting Minutes - March 16. 1999 Page 6 APPROVE NO PARKING RESOLUTIONIIP98-/7/BUNKER LAKE BOULEVARD SERVICE ROAD Motion by Knight, Seconded by Jacobson, the Resolution as presented. (Resolution R066-99 approving an agreement relating to parking restrictions on both sides of Bunker Lake Boulevard service road from Rose Street NW to Heather Street NW) Motion carried unanimously. APPROVE RESOLUTION/SPENDING OFF SYSTEM MSA FUNDS ON CHAH SYSTEM/BUNKER LAKE BOULEVARD RECONSTRUCTIONIIP98-17 Motion by Jacobson, Seconded by Johnson, the Resolution as presented. (Resolution R067-99 approving the expenditures off the Municipal State Aid Street System and onto the County State Aid and Highway System within the City of Andover) DISCUSSION: Mr. Erickson stated the dollar amount will be filled in once he goes through the adjustments to the City's costs. Motion carried unanimously. ALLOCATE FUTURE MSA FUNDSIIP98-17/BUNKER LAKE BOULEVARD RECONSTRUCTION Motion by Knight, Seconded by Orttel, the Resolution as presented. (Resolution R068-99 requesting the Commissioner of Transportation to approve advance financing of approved MSA Street projects in an amount up to $500,000) Motion carried unanimously. Mr. Olson stated the plans for the project have been returned to the State for their review. He expects a bid opening in late April with the contract to be let in mid-May. The first task will be taking out the bridge over Coon Creek and the project involving the deep sewer line. Mr. Erickson also stated the Road Committee will be discussing the possibility of a service road south of Bunker Lake Boulevard west of Crooked Lake Boulevard. There are some issues that need to be resolved. It will be hard to tie that project with the reconstruction of Bunker Lake Boulevard. DISCUSS REQUESTIIP98-17/BUNKER LAKE BOULEVARD TRAIVWOODLAND DEVELOPMENT Mr. Erickson stated Woodland Development Corporation has proposed donating or deeding the necessary land for the proposed trail on the north side of Bunker Lake Boulevard NW in Woodland Creek, Lot I, Block 8; but they would like consideration for future park dedication considerations. The Park and Recreation Commission is not in favor of the proposal. Staff concurs with the recommendation, as it would set a precedent for others wanting credit for park dedication. They are recommending the county add the needed land to their condemnation process. The Council generally agreed. Regular Andover City Council Meeting Minutes - March 16. 1999 Page 7 APPROVE ORDINANCE NO. 247/RIGHT-OF-WAY MANAGEMENT ORDINANCE Councilmember Jacobson stated because of a potential conflict of interest, he would like to discuss this item but will not be voting on any motion. The Council agreed. Mr. Carlberg noted the proposed ordinance to administer and regulate the public right-of-way is similar to the City of Oak dale and the League of Minnesota Cities model right-of-way management ordinance. The ordinance relates to the burying of distribution Jines in the City and would require the distribution lines along Bunker Lake Boulevard to be buried as a part of the reconstruction project. The ordinance is quite lengthy, so Staff has prepared another option re]ating only to the regulating of buried distribution lines in the City that the Council may wish to consider instead. Attorney Hawkins stated the City does have the authority to require the distribution lines to be buried underground based on the Court of Appeals ruling in the Northern States Power Company v. The City of Oakdale case. There are a lot of cities requiring underground distribution lines, and others are considering it. Councilmember Orttel noted the reason this is being considered is because the residents along Bunker Lake Boulevard, particularly those across from Andover Station, have requested those lines go underground. The incremental cost for that was estimated at $ I 06,000. Councilmember Jacobson understood that cost has been changed to over $600,000. He stated the Quad Cities Cable TV has been looking at ordinances regulating cable television, and their attorney is extremely knowledgeable in those affairs. He noted if this ordinance is passed, it applies to all utilities, including gas, telephone and cable TV. Because of the affect this ordinance has on the other utilities as well as on the residents, he felt a public hearing should be held by the Planning and Zoning Commission for public input. The ordinance also allows the utilities to pass the cost of going underground to the residents. Just burying the transmission line along Bunker Lake Boulevard will add to everyone's monthly electric bill plus an administrative fee. Larry Peterson, Connexus Energy, stated there are two issues. One is putting the electric line underground with the Bunker Lake Boulevard reconstruction project. The other is approving a right- of-way ordinance. They have had experience dealing with the League of Minnesota Cities ordinance. The ordinance would apply to all services and could also have an impact on the City's utilities. He encouraged the Council to look at the ordinance by the Public Utilities Commission which clarifies many of the issues. He thought those guidelines will be available soon. Regarding the reconstruction of Bunker Lake Boulevard, they have met with Staff and have been planning that project for a long time. Their original quote to bury the transmission line assumed they would maintain the line that is already there. The change from $187,000 to in excess of $700,000 in incremental cost is because they have since learned from the county that they will not be able to maintain the existing underground line. That means they must bury two circuits, and he went into detail comparing what was originally proposed to what must now be done. Also, it was March 9 when they found out the City wanted to go with underground line when it had already agreed to go overhead. At this time, they may not even be able to get the cable in time to go underground during the project. Regular Andover City Council Meeting Minutes - March 16, 1999 Page 8 (Ordinance No. 247/Right-of-Way Management Ordinance. Continued) Mr. Peterson stated the City does not need an ordinance to have the transmission line along Bunker Lake Boulevard buried. They will bury the line if the City requests it, but the costs associated with that wiIl have to be recouped from either the City or from the citizens of the City. They have charged the residents in other cities. The charge depends on the project. The City also has the option of financing the cost if it wishes to pay it directly. If the City makes the request to go underground, it would negotiate with the City on the cost recovery. The Council discussed the affect the ordinance would have on the City and the residents. They felt it is difficult to make a decision without knowing the financial impact on the residents to determine whether or not it is worth it to require underground utilities. The sentiment was it would be nice to bury the lines, but can the cost be justified. There would need to be a policy on how the costs would be financed. The concern is the aggregate cost of these projects to the residents over time. Another problem is there is not a lot of time if the lines along Bunker Lake Boulevard are to be buried with the reconstruction project. Larry Nelson, Connexus Energy, stated the line is not in the public right of way, and they wiIl move it at no charge. In those places where the it is underneath the road, the county has informed them they will not allow that to stay energized. They plan to abandon that and double circuit the overhead. If the Council decision is to go with overhead lines, they will assume the cost of the additional circuit. If the City had chosen to go underground, they would have done so at their cost as well. They had their plans half done to go overhead when they received the letter from the City indicating a desire to consider burying the lines, so now they are looking at the entire incremental cost to be borne by the City of Andover. Mr. Nelson also noted the Public Utilities Commission is not writing an ordinance but is writing guidelines as to what will or will not work in an ordinance. There are a number of provisions in the League of Minnesota Cities ordinance that got throvm out in the guidelines, so there may be a risk of having to redo the ordinance if one is adopted at this time. He suggested the City look at the guidelines before adopting an ordinance. Mr. Peterson stated the City of Coon Rapids developed an excise tax starting at three percent and has since raised it to five percent for underground utilities. There was opposition to the ordinance for underground utilities, and it was not enacted; so the tax is simply another form offund raising for them. The City of Blaine passed a franchise fee, but there was so much opposition, that they changed it. Attorney Hawkins disagreed with Mr. Nelson's comments on the PUC guidelines, as he understood them to be rules. A number of communities feel they are going beyond their authority and are involved in the position that the right of ways should be regulated through more local control. Mr. Peterson stated they are not governed by the PUC, so they mayor may not adhere to them. Councilmember Jacobson noted the costs would be spread among the residents only when existing - .. 4. ,.. . -. --- Regular Andover City Council Meeting Minutes - March 16, 1999 Page 9 Ordinance No. 247/Right-of-Way Management Ordinance, Continued) overhead lines are buried. Several Councilmembers agreed this proposal is far reaching and should be given a lot of thought. The Planning and Zoning Commission should be asked to look at it and hold public hearings. Mr. Nelson stated the two lines along Bunker Lake Boulevard are their main distribution lines and are quite large. Even if they are put underground, there will still be 10 to 12 of the big green switch boxes above ground. Their estimate is to bury the lines along the entire corridor of the Bunker Lake Boulevard reconstruction project. The Council noted the particular area of concern is along Andover Station to move the lines away from the residential area. They asked ifit would be possible to move the overhead lines to the south side of Bunker Lake Boulevard in that area. Mr. Nelson estimated the cost to bury the line just along the Andover Station area would be double the original estimate of$186,000, depending on how it is financed. He didn't see a problem moving it to the south side in that vicinity. They are looking to move it on the north side west of Crosstown Boulevard to occupy the green space between the road and the trail. That will reduce the amount of trce trimming they would need to do. Mr. Erickson stated he can determine if additional easement would be needed along Andover Station if the power lines were moved to the south side of Bunker Lake Boulevard in that vicinity. Motion by Orttel, Seconded by Knight, that the Council direct the Planning Commission to hold a public hearing on the proposed ordinance to administer and regulate the public right of way in the public interest and have them review the Public Utilities Commission rules or recommendations that are in progress and to have a report back to the Council no later than mid-year. DISCUSSION: Mr. Carlberg stated the issue with the residents will be cost. He suggested the Council review the costs before making a decision to proceed with the ordinance. Councilmember Orttel suggested the power company should be able to get those numbers. They should be able to determine how much it would cost the residents per one million dollars worth of construction over a pay-back period of one, five or ten years. This would apply to reconstruction costs only, not new underground utilities. He also suggested talking to other cities who have or are in the process of enacting similar ordinances regarding the problems they have encountered and ideas on how to spread the costs. Councilmember Jacobson suggested reviewing the efforts of the cable company. Mr. Carlberg stated he would like to bring those costs relating to Bunker Lake Boulevard to the March 30 EDA meeting. The Council agreed. Motion carried on a 4- Yes, I -Present (Jacobson) vote. - -- - . " Regular Andover City Council Meeting Minutes - March 16, 1999 Page 10 APPOINT PLANNING AND ZONING COMMISSIONERS Motion by Orttel, Seconded by Jacobson, that based on the interviews earlier this evening, the two openings on the Planning Commission for a three-year term and one for a one-year term, recommend Larry Dalien to fill the three-year term and Mark Hedin to fill the one-year term. That Steve Erchul would be first alternate, and Gene Dudziak would be second alternate. Motion carried unanimously. AMEND ORDINANCE NO. 10, SECTION9.07/PARK DEDICATION and RESOLUTION FOR ESTABLISHING PARK DEDICATION FEES Park and Recreation Commission Chairperson Dave Blackstad noted both Champlin and Elk River have just increased the park dedication fees for commercial property. Councilmember Jacobson was concerned that "Mobile Homes" is listed in the Resolution, as the City doesn't have any. Mayor McKelvey disagreed with the fee per acre, as it amounts to more than 10 percent of the land value. The proposal of$I,350 per unit for single family residence equates to $26,500 per acre in value. He didn't think residential property is selling for that much in Andover. Most of it is for $20,000 per acre or less. He suggested starting at $ I ,000 per residential unit and gradually increase it as prices go up. He was also concerned with these costs being challenged in court. Chairperson Blackstad stated in reading the City Attorney's letter, the charges would be upheld if the City can prove the cost to the development versus the burden on the park system. He felt that has bedn done, and he reviewed calculations that show an expenditure of $ I ,430 per household on the park system in recent years. None of the cities with higher fees are being challenged in court. Attorney Hawkins was not aware of any challenges on park fees, but he felt this area is ripe for litigation. He was not sure that the effect of commercial development on the park system is the same as residential. In talking with other city attorneys, they are advising these communities passing the higher fees that they feel the changes are illegal. The Supreme Court case has said it has to be based on the market value of the land no later than at the time of final approval. There is no problem with a flat fee as long as it relates back to the actual sales of the property. The 10 percent guideline for park dedication is safe. To go over that, it must be tied to the dollar cost of the park system. There must also be a connection between the fees collected for trails and the cost of the trails. Cash dedication should equal land dedication. Councilmember Orttelliked the idea of a flat charge. It is unlikely someone will challenge if the fees are 9.5 to 10.5 percent, but a developer may go to court if being charged 15 percent such as in commercial development. The Council had a lengthy discussion on what action they should take at this time, the advantages of the fee method of park dedication, some concern that the amount of the fees being proposed is too high, the question of how much more higher density developments affect the park system, the issue of whether or not developments such as Grey Oaks can justifiably be charged a fee since all park - .. .. ... Regular Andover City Council Meeting Minutes - March 16, 1999 Page 11 (Ordinance No. 10, Section 9.07 and Resolution/Park Dedication Fees, Continued) facilities are provided within the project, the question of the impact of commercial development and how much of a park dedication fee can be justified, and how to relate the fees to land values and cost of the park system. On lot splits, Councilmember Jacobson suggested credit be given for the park fees that have already been paid. That fee would be split in half and applied to each of the lots. Councilmember Orttel disagreed, stating the theory is one new lot is being created by the split which should pay the entire park dedication fee. Attorney Hawkins stated the credit would have to be given to the lot which has already paid when increasing density. Councilmember Jacobson noted whatever is decided for commercial property, it will affect Andover Station as well. Chairperson Blackstad stated the park fees for that development have been waived. Mr. Fursman stated the initial value of the property was detennined to have a negative value because of the contamination. Park and Recreation Commissioner Dave O'Toole stated there is a tremendous impact on the City by new development. There is the actual use of the system plus the safety and welfare of the people. He noted the work done by Chairperson Blackstad on the costs of services and researching what i other cities are doing. Andover's market values are not one-third less than the City of Blaine's. He felt Andover is on a par with Blaine, which is an argument for collecting the same amount in park dedication fees. Councilmember Orttel noted many cities that charge between $900 and $1,100. The difference is in the commercial rates. Motion by Knight, Seconded by Jacobson, to set the fee at $1,100 per unit for single family residences, $1,100 for town homes, twin homes and multi-family residences, and $1,000 for apartments; exclude mobile homes DISCUSSION: Councilmember Knight clarified it would be $ I ,000 in park dedication fees per unit for more than 2 units per building. Councilmember Jacobson asked the maker to amend the motion to add that for lot splits the cost of $ I, I 00 would be used but credit would be given for past park fees that have been paid. Councilmember Knight accepted that change. Councilmember Orttel argued the original park dedication fees was paid for the existing home. He also wanted to see research done on sales last year to detennine the true numbers and immediately upgrade these amounts. Mayor McKelvey felt that should be done before the figures are set. Council member Jacobson called the question. Motion carried on a 4- Yes, I -No (McKelvey) vote. Discussion was on setting a fee for cash in lieu of land for commercial development. Councilmember Orttel didn't think there were enough sales in the City to detennine an accurate market value, so they will have to use some assumptions. - -0 ~ 44 ,.. -- - ~- ~- - Regular Andover City Council Meeting Minutes - March 16, 1999 Page 12 (Ordinance No. 10, Section 9.07 and Resolution/Park Dedication Fees, Continued) Motion by Jacobson, Seconded by Knight, to accept cash in lieu of land dedication for commercial in the amount of $2,750 per acre. (Resolution R069-99 establishing park dedication fees) DISCUSSION: Attorney Hawkins stated the value of the land is determined no later than at the time of final approval. What was paid for the land is irrelevant. Councilmember Orttel noted that simply rezoning from residential to commercial zoning increases the value of the land. Chairperson Blackstad felt $2,750 is low. Councilmember Orttel stated it depends on where the property is located in the City. Again, he'd like to see residential and commercial property values analyzed and compared with the fees set this evening. He suggested for now the industrial and commercial fees remain the same. Motion carried unanimously. Motion by Orttel, Seconded by Johnson, to approve Ordinance No. 10 as recommended. DISCUSSION: Councilmember Jacobson felt Section 9.07.3, standards for determination, is irrelevant and should be stricken from the ordinance. Councilmember Orttel noted this section explains the guide used by the Park and Recreation Commission when determining where to locate parks. This is not a change to the ordinance. The Council discussed the land dedication percentages based on units per acre as noted on Page 5 of the proposed ordinance. Chairperson Blackstad pointed out the percentages correlated with the cash fees that were proposed in the Resolution. Those fees have now been changed. After some discussion, the Council agreed to change the land dedication percentage to 10 percent for all densities at this time. It was recommended the Park and Recreation Commission review those percentages in view of the changes made this evening and report back to the Council. Councilmember Orttel changed the motion to insert 10 percent for land dedication percentage in all densities for now. Second stands. Motion carried unanimously. DISCUSS NEW IRRIGATION WELL AT HAWKRIDGE PARK/IP99-2 Park and Recreation Commission Chairperson Dave Blackstad reviewed the costs of the two options regarding the construction of a new irrigation well at Hawkridge Park. Option I includes a pump for filling fire tankers and is estimated to cost $91,09 I. Option two would provide irrigation for ball fields or flooding rinks only and is estimated to cost $52,195. They are waiting for comments from the Fire Department and from the City of Oak Grove. Hawkridge is one of the heaviest used parks, especially in the winter. Ifbaseball fields are constructed in the commercial park south of the WDE site, they may convert Hawkridge to a soccer complex. The well would be a benefit to the park system. The Council felt that no decision can be made until it is known whether or not Oak Grove will participate in funding the well. They suggested the Fire Chief in Oak Grove be contacted to receive an official response. Regular Andover City Council Meeting Minutes - March 16, 1999 Page 13 DISCUSS PEDESTRIAN UNDER-OVERPASS/IP98-20 Councilmember Orttel noted apparently an underground pass cannot be constructed across Hanson Boulevard because of the high water table, and an overpass can't be constructed because of the power poles. The suggestion is to install a traffic signal crossing, but the road doesn't meet warrants. He suggested looking at the underpass on Bunker Lake Boulevard by the railroad tracks. Councilmember Johnson stated many people feel an underpass is not safe. It is also difficult to keep up. Councilmember Orttel understood the perception but they realJy are no more dangerous than crossing the road. Mr. Erickson stated there is a process of applying for federal grant monies. It may take a while before getting a response. They can also do a traffic study to detennine if the area by the Oak View Middle School meets warrants. In further discussion, the Council suggested Staff get everybody involved with the need to provide a safe crossing of Hanson Boulevard at the schools. They also suggested applications be made for grant monies. The crossings on Hanson Boulevard are the most important, but they must be realistic as to where they can get funding first. Mr. Erickson stated they will pursue each one concurrently and communicate with all interested parties. DISCUSS CONCESSION CONTRACT/SUNSHINE PARK Motion by Jacobson, Seconded by Orttel, move the contract with the following changes: Item 17 in the contract, first line reads 'The term of the agreement will be from April 15, 1998, through October ò--- 31,1998." It should read .....April 15, 1999, through October 31,1999." The next three lines should ~t; be stricken. Add an extra item, Item 18 to read, "C & H must provide adequate financial statements.ji ?\ acceptable to the City for 1999 operations plus the monthly statements for th~perations. \Y J¡ \0;, DISCUSSION: Councilmember noted the financial statements would be for the City bp tions only, t\ '\ not the operations of the company. He changed the length of the agreement to one year. Motion carried unanimously. MA YOR/COUNCIL INPUT Town meeting - Councilmember Jacobson asked Staff to schedule a town meeting, feeling one should be scheduled each spring and fall. Meetings - Mayor McKelvey reminded the Council of the Anoka County meeting on March 3 I. The Mayors' prayer breakfast is Thursday and he hoped Andover will have some representation. Regular Andover City Council Meeting Minutes - March 16. 1999 Page 14 (Mayor/Council Input. Continued) Newsletter - Mr. Fursman noted the first City newsletter is ready to go to press. It is six pages and will be mailed to all residents. Councilmember Johnson stated the school district is interested in some space. Mr. Fursman stated Staff is asking for comments from the public and the Council. Possibly the Council can rotate writing a column. Councilmember Jacobson noted the newsletter should be mailed the first week in April. It is being called Andover Today. Bill Luther meeting - Councilmember Johnson noted a letter indicating Representative Bill Luther is hosing a meeting on March 29, 9 to 12 a.m., Oakdale on the Y2K issues. APPRO V AL OF CLAIMS Motion by Jacobson, Seconded by Knight, the payment of Claims as presented by Staff. Motion carried unanimously. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:42 p.m. Respectfully submitted, . . ~~~ M~a A. Peach Recording Secretary . " ~. '_d - . --- ~ --. ~- .