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HomeMy WebLinkAboutCC February 1, 2000 ~~-(5.6D REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 1,2000 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .. 1 APPROVAL OF MINUTES ............................,..................... 1 CONSENT AGENDA Resolution R022-00 approving variance/House addition encroaching front yard setback/15504 Larch Street NW IMennicke ............................... 1 Resolution R023-00 adopting Cable TV franchising resolution ................... 1 Resolution R024-00 approving Change Order #1/IP98-27/Fox Hollow. . . . . . . . . . . .. 2 Resolution R025-00 accepting feasibility/IP99-18/Shadowbrook 6th . . . . . . . . . . . . . .. 2 Resolution R026-00 approving feasibility/Waive public hearinglIPOO-l/3148 Bunker Lake BoulevardlWatermain ........... . . . . ., . . . . . . . . . . . . . . . . . . .. 2 Resolution R027-00 approving plans and specs/IPOO-4/Seal coating ............... 2 Resolution R028-00 approving Change Order #2/IP97-49 & IP98-9/Chesterton Commons 2nd & Cambridge Estates ,................................... 2 Resolution R029-00 approving final paymentlIP97-40 & IP98-9 .................. 2 Resolution R030-00 approving Change Order #1/IP98-30/Chesterton Commons 4th .. 2 Resolution R031-00 approving final paymentlIP98-30/Chesterton Commons 4th......2 Approve quotes/Chesterton Commons park/Playground equipment . . . . . . . . . . . . . . .. 2 Approve 2000 Park capital improvement budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve use of 1999-2000 CDBG Funds ....,............................... 2 Update of Hawkridge Park well/IP99-2 ...... . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 2 Accept easement/Povlitzki properties easement ................,............,. 2 Accept bids and approve purchase of breathing air compressor APPROVAL OF MINUTES .................................................. 2 BADGE PRESENTATION FOR NEW FIREFIGHTERS (Kohout, Stratman) ........... 2 ANOKA COUNTY SHERlFF MONTHLY REPORT ..............,............... 3 RECEIVE CITY ENGINEERS' ASSOC. OF MN PROJECT-OF- THE-YEAR AWARD .. 3 LOT SPLIT/I 6200 MAKAH STREET/RESHETAR . ........ .......... ............ 3 Resolution R032-00 approving lot split + cul-de-sac easement. . . . . . . . . . . . . . . . . . .. 4 ORDER ABATEMENT FOR FIRE NUISANCE HOUSE (3452 142nd Ave) ........... 4 Resolution R033-00 ordering the abatement .................................. 7 CONSIDER REQUEST FOR ONE-YEAR EXTENSION/SUP FOR PUDIPRELIMINARY PLAT/GREY OAKS ..............................................,:.... 8 Motion for 60-day extension .............................................. 9 DISCUSS ORDINANCE 10, SECTION 9.07IPARK DEDICATION REQUIREMENTS.. 9 ASSOCIATION DOCUMENTS/SUNRlDGE/D.H. LAND COMPANY Motion to approve Articles ofIncorporation, Bylaws & Declaration .............. 10 FINAL PLAT/SUNRlDGE/D.H. LAND COMPANY Resolution R034-00 approving the final plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 PLANS AND SPECS/IPOO-3/CRACK SEALING Resolution R035-00 approving final plans and specs .......................... 10 MAYOR/COUNCIL INPUT Sites for high school . , . . . . . . , . . . , . . . . . . . . . . , . . , . . . . . . . . . . , , . . . . . . . . , . , .. 10 Issues with the Metropolitan Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Vandalism at the water tower. . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .. 11 Torrens property north of City Hall ........................................ 11 APPROVAL OF CLAIMS ....,............................................. 11 ~ J,-L'b-oo CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 1,2000 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, February 1,2000,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Council members present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel Council members absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg Finance Director, Jim Dickinson Fire Chief, Dan Winkel Building Official, Dave Almgren City Administrator, Richard Fursman Others RESIDENT FORUM 35't~.~ Kvle Grossklaus. 14208 Silverod - had several questions relating to what is taking place at-345r a. -/5-0C> 142nd Avenue NW, the residence discussed at the January 18 Council meeting. Mayor McKelvey noted this will be discussed in greater detail at the time of that agenda item. (See Page 4 of these Minutes). APPROVAL OF MINUTES Remove from the Consent Agenda for discussion Item 9, Approve/Association Documents/Sunridge/D.H. Land Company; Item 10, Approve Final Plat/Sunridge/D.H. Land Company; Item 16, Approve Plans and Specs/IPOO-3/Crack Sealing. Remove from the Agenda, Item 13, Accept Feasibility Report/IP99-36/Sunridge. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 8 Approve Variance/House Addition/Encroaching Front Yard Setback/15504 Larch Street NWlMennicke (Resolution R022-00) Regular Andover City Council Meeting Minutes - February 1, 2000 Page 2 Item 11 Adopt Resolution/Cable TV Franchising (Resolution R023-00) (Consent Agenda, Continued) Item 12 Approve Change Order #1/IP98-27/Fox Hollow (Resolution R024-00) Item 14 Accept Feasibility Report/IP99-18/Shadowbrook 6th Addition (Resolution R025-00) Item 15 Approve Feasibility Report/Waive Public Hearing/IPOO-l/3148 Bunker Lake Boulevard NW/Watermain (Resolution R026-00) Item 17 Approve Plans and Specs/IPOO-4/Seal Coating (Resolution R027-00) Item 18 Approve Change Order #2/IP97-49 and IP98-9/Chesterton Commons 2nd Addition & Cambridge Estates (Resolution R028-00) Item 19 Approve Final Payment/IP97-49 & IP98-9/Chesterton Commons 2nd Addition & Cambridge Estates (Resolution R029-00) Item 20 Approve Change Order #1 (Compensating)/IP98-30/Chesterton Commons 4th Addition (Resolution R030-00) Item 21 Approve Final Payment/IP98-30/Chesterton Commons 4th Addition (Resolution R031-00) Item 22 Approve Quotes/Chesterton Commons Park/Playground Equipment (Minnesota-Wisconsin Playground, Inc. for $11,928.24) Item 23 Approve 2000 Park Capital Improvement Budget Item 24 Approve Use of 1999-2000 CDBG Funds Item 25 Update of Hawkridge Park Well/IP99-2 Item 26 Accept Easement/Povlitzki Properties Easement Item 27 Accept Bids & Approve Purchase of Breathing Air Compressor (Clarey's Safety equipment, $23,945 plus $65 per hour for installation at Station #1) Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda. Motion carried unanimously. APPRO V AL OF MINUTES January 11,2000, Special Council Meeting: Correct as written. January 18,2000, Regular Council Meeting: Correct as written. Motion by Jacobson, Seconded by Orttel, approval of both Minutes. Motion carried unanimously. BADGE PRESENTATION FOR NEW FIREFIGHTERS Chief Winkel introduced two new fire fighters, Matt Kohout and Chip Stratman, both having successfully completed their one-year probationary periods. Mayor McKelvey presented them with their badges. Regular Andover City Council Meeting Minutes - February 1. 2000 Page 3 ANOKA COUNTY SHERIFF MONTHLY REPORT Chief Deputy Bruce Andersohn introduced the officers that wi\! serve in the City of Andover for the year 2000. He then introduced his replacement, Captain Larry Klink. He also reported on the Sheriffs Department activities in the City of Andover for the month of December, 1999. They had 952 calls for service, bringing the yearly total to 10,883. They had 80 calls for service regarding snowmobile issues for the season 1999-2000. Of those calls, 49 were complaints by citizens. They issued 30 citations for snowmobile violations. The Council expressed appreciation for the professionalism Chief Deputy Andersohn has always shown and congratulated him on his promotion. RECEIVE CITY ENGINEERS' ASSOCIATION OF MINNESOTA PROJECT-OF-THE-YEAR AWARD Mr. Erickson announced that the City of Andover received the 1999 Project-of-the Year Award presented by the City Engineers' Association of Minnesota. The project the City submitted was the clean-up and development of Andover Station. He gave a power point presentation on the project itself and presented a plaque to the City Council, the EDA and the citizens of Andover. Mayor McKelvey accepted the plaque with pride, applauding the efforts of the many people who worked on the project. APPROVE LOT SPLIT/16200 MAKAH STREET NW/GARY AND LANNETTE RESHETAR Mr. Carlberg reviewed the request of Gary and Lannette Reshetar to split the western +/-2.5 acres from a five-acre parcel at 16200 Makah Street NW. The Planning and Zoning Commission is recommending approval, though the discussion focused on a dedication of a 120 x 120-foot roadway easement for a cul-de-sac off the end of 162nd Lane. Although the applicant is not required to dedicate the easement per City ordinance, Staff strongly recommends the dedication to provide a turnaround for public works and emergency equipment. The Commission suggested consideration be given to the amount of land the applicant is dedicating for public purposes in lieu of park dedication fees. However, park dedication fees cannot be waived to offset road easements, The 120 x 120-foot easement is being proposed for ease in describing it. The split would abut a publicly dedicated road without the cul-de-sac easement. The Council was concerned with taking more than what is needed. There are no plans to extend the street in the future, as it is unlikely the area will ever develop into small urban lots; so only enough is needed for a turnaround. Discussion was then on the ability of the parcel to the north to subdivide in the future. If that happens, it was proposed that half of the cul-de-sac easement should come from that parcel. Regular Andover City Council Meeting Minutes - February 1, 2000 Page 4 (Lot split/16200 Makah Street NW/ Gary & Lannette Reshetar, Continued) Mr. Reshetar's son stated the land is owned by his parents, and the lot split is in case he decides to build a house on the back half of their lot. Because they are also giving $1,400 for park and trail fees, shouldn't the easement for the cul-de-sac be purchased from the owners or find some median between the park fees verses the price of the easement? Mr. Erickson explained the easement being requested is for the standard cul-de-sac that allows the snowplows to do the circle without having to back up. Councilmember Jacobson noted with the cul-de-sac, another lot can be created. He also questioned who will be assessed when the road is put in, Bill Bush. 4613 161 st Lane NW - explained at the time the streets were blacktopped in the area, there were some difficult road cuts. Cul-de-sacs were discussed when the Council carne to the site. With the SO-foot easements, it was discussed turnarounds would come 35 feet into the existing lots that have homes on them. He did not have a problem with the lot split, but he did not want to see the cul- de-sac if it will come back to the west and onto those properties. Potentially cul-de-sacs could be put on the other stub streets as well in the future. Mr. Carlberg stated if the cul-de-sac was built at the end ofthe road, the property to the north would benefit and may be able to be split. Only two lots are allowed off cul-de-sacs in rural areas. Councilmember Orttel stated with a T-turnaround or with the cul-de-sac, it would go down one side of those homes on the one-acre lots. He didn't think the City wants that. He suggested taking a 60x120-foot easement, which would give the ability of obtaining the same from the property to the north if that ever splits in the future. Councilmember Knight didn't think the City should be impacting the one-acre lots. Councilmember Jacobson noted only the easement is being taken now to reserve it for the future. Only one person would be assessed for a cul-de-sac, and he didn't know if that was needed since there is access to the street and it is a buildable lot. Attorney Hawkins advised the City has the right to take easements where it thinks is necessary. If the easement isn't needed, it can be vacated in the future. Mr. Reshetar asked if the cul-de-sac could be put in if the lot split never takes place. Councilmember Ortte! stated no. Unless the lot split is completed and recorded, there would be no easement. They have one year to record the lot split. Motion by Jacobson, Seconded by Orttel, the Resolution with the change under the NOW, THEREFORE, BE IT RESOLVED, Section 2, Change to "Acceptance of a 60' x 120' street, drainage and utility easement along the northwest corner of said property adjacent to 162nd Lane NW by the City Council", deleting the language "in lieu of park dedication". Add a provision for park dedication fees per the ordinance. (Resolution R032-00) Motion carried unanimously. ORDER ABATEMENT FOR FIRE NUISANCE HOUSE Attorney Hawkins explained a public hearing should be held pursuant to statute authorizing the City Council to declare structures to be hazardous and order them to be repaired or removed. The Regular Andover City Council Meeting Minutes - February 1, 2000 Page 5 Council has a proposed order before it this evening and the individuals involved have been notified (Order Abastementfor Fire Nuisance House, Continued) oftonight's hearing. After hearing the evidence, if the Council chooses to approve the Resolution, the order will be served on those individuals. They will have 20 days to make corrections or answer in District Court why they cannot comply with the order. If they do not comply, the City has the authority to correct the deficiencies or remove the structure and assess the costs back to the property owner. He felt the process could be done in about 90 days; but because of the need for due process, it is a timely process The City cannot go onto the property without a court order to remove the structure. Mr. Almgren stated there is also the issue of the abatement of the mobile home. An order by the judge is needed to proceed to have it removed. When asked if the mobile home could be removed within a week, Attorney Hawkins advised the City will ask the District Court judge for authority to remove it. The City could go through the criminal process for violation of the Zoning Ordinance or proceed civilly or run both tracks. Before the Council this evening is the criminal process to correct the house and to remove the trailer. Councilmember Orttel felt it might be more effective to apply pressure on the owner of the trailer. Ifit is on the property illegally, the City should proceed against the owner and fine the maximum amount per day to get it off rather than go to court to proceed against the property owner. Mr. Almgren stated he tried to contact the owner of the trailer but was unsuccessful. Mayor McKelvey opened the public hearing for testimony. 8:0S p.m. Kyle Grossklaus. 14208 Silverod - asked how the neighbors can verify that progress is being made to remove the trailer and abate the structure. What time line can the neighborhood expect to see things happen? Attorney Hawkins expected to be able to serve the persons immediately. As soon as the last person is served, they have 20 days to respond. If there is no response, the City can make application to the court to correct the situation. The time factor depends on how quickly the City can get on the court calendar. It is difficult for government to move quickly, and this is being done quite expeditiously. Mr. Grossklaus asked if there is a notification process to let them know what is taking place. How will they be informed of the time line so they can expect improvements? Attorney Hawkins stated there is no legal notification required. He suggested they keep in touch with Mr. Carlberg. If the owners deny the allegations in the order, then there is a tria!. He explained the process is slow and cumbersome, but the courts are reluctant to allow the government to simply enter someone's property. Mr. Grossklaus stated their main concern is for the safety of the neighborhood and to correct the issues as quickly as possible. The Sheriff gave them a report of the police calls for the last month on the property in question. This particular property had over 100 calls in the last two years, so they are concerned with the safety of their children. He asked if the Council gets the detailed reports on police calls. Is there a valid permit for the trailer? Mr. Almgren stated the trailer is not habitable. It has not been hooked up to sewer and water or power, so the permit is void. Regular Andover City Council Meeting Minutes - February 1, 2000 Page 6 (Order Abastementfor Fire Nuisance House, Continued) Andy Lenz. 14229 Rose Street - asked if there is any chance that the trailer could become habitable and the permit effective for 90 days. Mr. Almgren stated the permit was dated January 20. The trailer was delivered on January 21, and the permit gave five days to comply with the hookup of sewer, water and electricity. If that was not done, they had five days to remove the trailer. Councilmember Orttel stated the items relating to the mobile home are easily correctable. He was not sure a court would order the trailer to be removed because of the fire that destroyed the house. He still felt it would be more effective to contact the owner of the trailer to inform him it is parked illegally. Mr. Lenz stated the neighbors want the permit to be enforced, the cars removed and the house rebuilt. They are frustrated that they were not made aware of what is going on since the situation when guns were drawn and deputies were running through their yards. If the process is moving to correct the situation, that is what the neighborhood wants. Councilmember Knight asked if the Sheriffs Department notifies the City when certain points are reached. Chief Deputy Andersohn stated no criteria has been established to inform the City of a police situation in the City. Should it be five calls a year or five calls in a month? Certainly there have been a lot of calls at this residence. Criteria could be established to report to the City if that is desired. Council member Knight stated he would like to see something like that put in place. There have been an extraordinary number of calls here. Chief Deputy Andersohn stated the Department will work with Staff to establish criteria for notification. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. 8:17p.m. .35'¡;J.._~':¡-'5-00 LuAnn Jackson. 34:Q- 142nd Avenue NW - stated she called for the inspection. She claimed the trailer is hooked up to City sewer. She talked to Mr. Almgren, who said she needed sewer, gas and electricity. She talked to him even before she bought the trailer and received a 90-day permit. Now Mr. Almgren is saying she has to have the trailer out of there. She claimed Mr. Almgren told her she had a full year to work on the house, so she didn't realize it had to be done immediately. She stated she is not living in the trailer. She is using it to store things from the house. She is reconstructing the hou~e all by herself amd was going to do the construction in the spring. It is all sealed up and locked. Her yard is fenced in, so nobody should be in there walking around. She is the only one who can get in the house. The trailer is to put her belongings in. She would rather not stay there. The generator operates the whole trailer. Mr. Almgren stated he inspected the trailer. The sewer was hooked up, but it was not insulated. There was a garden hose from the house to the trailer for water. There was no power meter on the house to get power to the trailer; therefore, they can't pump any water or have heat. A generator can't be used to pump water. So the trailer is not habitable. The purpose of allowing the trailer was to live there while the house was being reconstructed, not for storage. He has seen no evidence of Regular Andover City Council Meeting Minutes - February 1, 2000 Page 7 (Order Abastementfor Fire Nuisance House. Continued) reconstruction on the house since the fire except for a dumpster put in the front of the driveway. Something has to be done on the permit every 120 days or the building permit becomes null and void and would have to be renewed. He told her he would give the permit for the valuation of approximately $25,000 to get started. Ms. Jackson stated she would gladly pull the trailer out, but she felt the City should reimburse her for the money she put into it. Motion by Jacobson, Seconded by Knight, the Resolution ordering the abatement at 3452 142nd Avenue NW. (Resolution R033-00) DISCUSSION: Councilmember Knight asked about the junk vehicles on the property. Mr. Carlberg stated they have been cited for the junk vehicles. They have until February 10 to remove them. If they are not removed by that time, the matter will be forwarded to legal counsel for action. Ms. Jackson stated she will remove them, but she doesn't even know who they belong too. There are two left out there that were towed into her yard without her knowledge. When she found out who they belonged to, she told them to get them out. They have not yet come to get them. There was some discussion on the order. Attorney Hawkins stated the abatement applies to both the mobile home and the residence. The City would have to go onto the property to determine whether or not it should be repaired or torn down. Ms. Jackson stated the damage in the house is basically smoke damage. Mr. Almgren stated based on figures from recent fires, he considers there to be about $75,000 worth of damage, which is about SO percent of the value of the house. There is damage to the structure. Chief Winkel stated there was substantial damage to the laundry room and upstairs bedroom. Ceilings and plumbing will need to be replaced because there is so much smoke damage in the house. To his knowledge there is no insurance person dealing with this issue. VOTE ON THE MOTION: Carried unanimously. Attorney Hawkins stated all property owners of this parcel will be notified, and he will run the two- track process, notifying the mobile home owner of the five days to get it out of there. There was further discussion with some ITom the neighborhood on the number of police calls to the residence, including several since the last Council meeting. Neighbors alleged people were living in the trailer the last few days and wanted to know how the City could verify this and stop it. They again stated they want the house rebuilt and the junk cars moved out. They would also prefer that the mobile home be moved further onto the property so it isn't in front of the house. A woman from 3522 142nd hoped the City has learned from this experience and will check before issuing mobile home permits in the future. Mr. Fursman explained the permit was issued through the Building Department, and they do review these situations when damage is done to property. It was issued administratively, which is a proposed change to the Zoning Ordinance. Councilmembers expressed concern with the number of police calls made to this property without their being made aware of the situation and with the new process for issuing mobile home permits. Regular Andover City Council Meeting Minutes - February 1, 2000 Page 8 (Order Abastementfor Fire Nuisance House, Continued) They also pointed out that these permits are given for people to be able to live on their property while the home is being rebuilt. They are not issued for storage purposes. In response to a comment about reimbursing the owner for the cost of the mobile home, Mayor McKelvey stated the City would not consider it. CONSIDER REQUEST FOR ONE-YEAR EXTENSION/SPECIAL USE PERMIT FOR PLANNED UNIT DEVELOPMENTIPRELlMINARY PLAT/GREY OAKS Jeny Windschitl, President of Grey Oaks, Inc" requested a one-year extension of the preliminary plat for Grey Oaks PUD. He noted an error in the Council Agenda, which states "If granted, the extension would be to March 2, 2000." He said that should be to "March 2, 2001". Mr. Carlberg stated when this was written, Staff was recommending the one-year extension. Since Mr. Windschilt is so far into the process, Staff felt that one year is not necessary and is recommending a one-month extension only. The rr~lilRi¡:¡ary plat is on the February 15 agenda. ,Çjt\i..\ - ~ :>'-1'5 -60 Mr. Windschitl asked that if there are other documents related to an item that they be given copies of them so that they know what is going on. It makes it difficult for them if they do not get all the items. A one-year extension is the normal request in the City, To his knowledge such a request has never been denied, and in one case was granted after the fact. Councilmember Jacobson stated if the finaI¿s almost ready and the documents have been given to the City for review, what is missing? pllt. ~ QMoUIClt.cl;¡ - l.:i· 0 C> Mr. Windschitl stated they have tried to get all the documentation to the Council as quickly as they can. To the best of his knowledge, everything is at the City. Staff is doing the review; and being subject to those reviews, he has no way of predicting the time period. If a one-year extension is granted and the plat is filed in two weeks, then the motion just dies. Mr. Carlberg stated Mr. Windschitl had originally asked to have the plat on the February 15 Council agenda, however Staff is still reviewing the preliminary plat. There has been two substantial changes for parking and drainage calculations, and Staff is working through that. If they can't finish by the 15th, the Council would have the ability to extend it beyond that and Mr. Windschitl would have until March 2 to file. The time line is not for Council approval but for the filing of the plat with the City Clerk; then the Council has 60 days to make a decision. Attorney Hawkins stated he has not yet reviewed the documents, and he was not sure he would be able to do so by February 15 because of his schedule. Discussion with Staff and Mr. Windschitl was on the items that are outstanding, the items to be reviewed, the changes proposed for the preliminary plat and the fact that it appears everything will not be ready by the February 15 meeting. Mr. Windschitl stated the ordinance requires him to ask for an extension if he will go beyond March 2, otherwise he doesn't have a final. They have the plans for the first building and are trying to get the plat filed so they can begin construction. He hopes this doesn't get dragged out another year. His intention is to move forward as fast as he can. Regular Andover City Council Meeting Minutes - February 1, 2000 Page 9 (Consider Requestfor One-Year Extension/SUP for PUD/Prefiminary Plat/Grey Oaks, Continued) Mr. Carlberg explained the Special Use Permit for the PUD requires significant progress be made to keep it valid. If nothing is done, the Council needs to extend it the same as the plat is extended. Ten copies were brought to the City, but the bylaws for the association were not received until today. Staff does not have an entire package to proceed with this project. Mr. Windschitl stated his attorney delivered the bylaws last Tuesday to the City Attorney's office. His attorney called Mr. Hinzman and was told the normal procedure is to deliver the bylaws to the Attorney, not the City Hall. To his knowledge, everything is at the City Hall for the plat to proceed. Motion by Jacobson, Seconded by Johnson, to extend the PUD and preliminary plat for 60 days. DISCUSSION: Mr, Windschitl asked if he has a right to ask for another extension of everything is not completed within the 60-day extension. Mayor McKelvey stated yes. Mr. Fursman asked the Council to advise Staff if they are handling this properly. Staff assumes it is a priority item but intends to make sure everything is completed before coming to the Council. Councilmember Jacobson pointed out the applicant has indicated he wants to get in the ground as soon as possible. Therefore, he should be motivated to get this done as soon as possible. Councilmember Knight called the question. Motion carried unanimously. (The Council recessed at this time to hold an HRA meeting, 9:10; reconvened at 9:16 p,m.) DISCUSS ORDINANCE 10, SECTION 9.07/PARK DEDICATION REQUIREMENTS Park and Recreation Commission Chairperson Dave Blackstad stated since the joint meeting with the Council, the Commission has learned that the Slyzuk property was sold at $34,700 per acre, which brings the average sale per acre to $29,000. Based on that, the park dedication fee should be $1,550. The Commission is concerned that the rates not fall behind the price of land sales. The Council noted there are very few large parcel sales around to compare. While understanding the concerns of the Park Board, this has been discussed twice in recent months. There was also concern with basing the park dedication fees on the sale of one parcel ofland. It was suggested the park dedication fees remain as is until the end of the year, then review it at that time. Chairperson Blackstad stated another concern is how the large lot in the Woodland plat that is designated for a church should be treated for park dedication. Should it be considered commercial or 10 percent plus the trail fee for residential or does it pay $1,300 for one lot? The Council didn't feel a church should be considered commercial development. It is zoned R-4, and churches are allowed in that zone with a Special Use Permit. Because the ordinance requires park dedication per lot, the dedication for the church lot would be as one lot. It was also noted the intent was the fees would be based on when the preliminary plat was approved so the developers would know the costs in the planning stage of their developments. Regular Andover City Council Meeting Minutes - February 1, 2000 Page 10 APPROVE/ASSOCIATION DOCUMENTS/SUNRIDGE/D.H. LAND COMPANY Councilmember Jacobson noted the association documents cover only half of the property, and he understood that al! of the property in the plat was to be under the association. Attorney Hawkins stated he spoke with the attorney for the developers late this afternoon. They did not want to have to pay association dues on the lots until they are ready to develop them. The City is concerned with the maintenance of the common areas. He recommended that the documents be revised to include al! the property. This can be approved subject to the changes in the legal descriptions to include the entire land of Sunridge. Motion by Knight, Seconded by Orttel, to approve the Articles of Incorporation, Bylaws and Declaration of the Sunridge Townhome Association, Inc., subject to the change recommended by the Attorney. Motion carried unanimously. APPROVE FINAL PLAT/SUNRIDGE/D.H. LAND COMPANY Mr. Carlberg stated the addendum includes the final landscape plan for the final plat of the PUD of Sunridge. The landscaping was changed to move the plantings outside of the easement areas. Motion by Orttel, Seconded by Knight, approval of the final plat with the addition of the item that the landscaping be removed from the right of way. (Resolution R034-00) Motion carried unanimously. APPROVE PLANS AND SPECS/IPOO-3/CRACK SEALING Counci1member Jacobson stated the area to be crack sealed includes the areas Staff has talked about possibly installing water before resurfacing the streets. He suggested if that project does go through, it would not be crack sealed and then ripped up and a new road put in. If new roads do go through, that area could be shifted to another area of the City for crack sealing. Motion by Jacobson, Seconded by Johnson, approving the final plans and specifications and ordering advertisement for bids for crack sealing subject to the condition noted. (Resolution R035-00) Motion carried unanimously. MA YOR/COUNCIL INPUT Sites for the high school - Mayor McKelvey stated the school district has semi-rejected the area around the City Hal! for the school site but is intending to move forward on the site proposed between 157th A venue and Constance Boulevard on Crosstown Boulevard. In considering the SO- acre parcel off Hanson Boulevard on the City's southern border, the school district indicated they - Regular Andover City Council Meeting Minutes - February 1, 2000 Page 11 (Mayor/Council Input, Continued) did not want to deal with the county to purchase the site. Attorney Hawkins advised that any meetings where three or more Councilmembers will be present requires three-days' posting as a special meeting. The Council indicated the February 7 public hearing by the school district should then be posted as a special meeting. Issues with the Metropolitan Council - The Council discussed holding a meeting to discuss its position on issues that will probably be raised by the Metropolitan Council if their approval is needed in order to extend the sanitary sewer to the new high school. Councilmember Orttel presumed that the City will be pressured into developing at a higher density and joining in livable communities. Once the school comes in, the City will have lost its ability to negotiate or stop high density development. He suggested the Association of Metropolitan Municipalities be contacted to support the City. The City of Rosemount also negotiated this issue with the Metropolitan Council, and he would like to see what they did. At some point it may be necessary to involve the City's legislators. Councilmember Jacobson felt that all Councilmembers need to be present when meeting with representatives of the Metropolitan Council. A united approach is also needed. The Council then called a special meeting at 5 p.m. at the Cornelius Building in Anoka, which is just prior to the public hearing on high school sites being held by the District 11 School Board. Mr. Fursman stated he will call the director of the AMM to attend that meeting as well. Vandalism at the water tower - Mayor McKelvey stated he will refer the letter referencing the vandalism at the water tower to the Sheriff s Department. Mr. Erickson stated he will also forward it to the Water Department, who will report back. Torrens property north of City Half - Councilmember Orttel understood some property in the Fox Hollow plat is torrens property. The City is issuing building permits in that plat. Attorney Hawkins stated it is really a title issue and doesn't affect the City's concerns. The registrations are all subject to the existing easements. Generally the title company insures over them. He will look into the matter further. APPROVAL OF CLAIMS Motion by Knight, Seconded by Johnson, the payment of Claims as presented. Motion carried unanimously. Motion by Jacobson, Seconded by Johnson, to adjourn. Motion carried unanimously.The meeting adjourned at 10:07 p.m. _ ~""'lful1' ..bmi., .. m~~ \ , ~ (c. E:c. , ~ella ~ecordin Secret