Loading...
HomeMy WebLinkAboutCC March 21, 2000 Qlrnc,.ncù..d Y-Lj- 0 0 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, March 21, 2000 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes Discussion Items I. Anoka County Sheriff Monthly Report sheriff 2. Preliminary Plat/North Valley Ridge/Ed Fields & Sons Continued ppfields 3. Final Plat/Grey Oaks/Grey Oaks, Inc. fpgreyoaks 4. Approve Supplemental Feasibility/98-29/Grey Oaks (Phase I & II) appr9829 5. Master Plan Proposal/Bunker Lake Blvd Redevelopment ArealLeonard Parker & Associates bunker 6. Table Sketch PlanlDave Harris harris 7. Discuss Park Dedication and Trail Fees for New High School & Elementary School parkded Staff, Committees, Commissions 8, Community Center Study Phase II, Con't center 9. Submit List of Applicants to Anoka County Board/Coon Creek Watershed District ccwd 10. Discuss Information Services Technician Position position Non-Discussion/Consent Items II. Approve Plans & Specs/99-35/Woodland Estates 2nd Addition appr9935 12. Approve Resolution/No ParkingIWoodland Estates 2nd Addition nopark 13, Approve Final Plat/Shadowbrook 6th Addition fpshad6 14. Re-approve Use of 1999-2000 CDBG Funds cdbg 15. Approve Change Order #2/99-2I/Sunshine Park Shelter c029921 16. Approve Quote/Playground Equipment/Timber Rivers Park quote 17. Approve Resolution for an Outdoor Recreation Grant Program/99-2/Hawkridge Park appr992 18. Approve Resolution for an Outdoor Recreation Grant Program/Wild Iris wildiris 19. Award Bid/00-312000 Crack Sealing bidOO3 20. Award Bid/00-412000 Seal Coating bid004 21. Request to hold Project/00-8/Sunshine Park Parking Lot Expansion & Trail Improvement hold008 22. Request to Hold Project/99-34/Crosstown Blvd Bikeway- Walkway Improvement hold9934 23. Approve Change Order #I/98-28/Shadowbrook 5th Addition co19828 24. Release Escrow/80-3/Downtown Center esc803 25, TIF Debt Service Transfer Resolution tif Mayor/Council Input Payment of Claims Adjournment o..n'\.Q)Ws.c.l> Lj -4 - 0 <.) REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 21,2000 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Resolution R061-00 approving plans & specs/IP99-35/Woodland Estates 2nd. . . . . .. 3 Resolution R062-00 approving no parking/Woodland Estates 2nd ................ 3 Resolution R063-00 approving final plat/Shadowbrook 6th. . . . . . , . . . . , . . . . . . . . .. 3 Re-approve use of 1999-2000 CDBG funds .................................. 3 Resolution R064-00 approving change order #2/IP99-21/Sunshine Park shelter. . . . .. 3 Approve quote/Playground equipment/Timber Rivers park (MN-WI Playground) . . . .. 3 Resolution R065-00 approving Outdoor Recreation Grant Program/IP99-2/Hawkridge 3 Resolution R066-00 approving Outdoor Recreation Grant Program/Wild Iris. :. , . . .. 3 Resolution R067-00 awarding bid/IPOO-3/2000 Crack sealing. . . . . . . , . . . . . . . . . . .. 3 Resolution R068-00 awarding bid/IPOO-4/2000 Seal coating . . . . . . . . . . . . . . . . . . . .. 3 Request to hold project/IPOO-8/Sunshine Park parking lot expansion & trails ..,..... 3 Request to hold project/IP99-34/Crosstown Blvd bikeway-walkway ...........,... 3 Resolution R069-00 approving change order #1/IP98-28/Shadowbrook 5th. . . . . . . .. 3 Release escrow/IP80-3/Downtown Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Resolution R070-00 TIF Debt Service transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Extend public hearing date to April 18/Jay Street project ........................ 3 AGENDA APPROVAL. . . .. . . , . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 ANOKA COUNTY SHERIFF MONTHLY REPORT. . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 4 PRELIMINARY PLAT/NORTH VALLEY RIDGE/ED FIELDS & SONS, CONT ....... 4 Motion to reconsider motion on preliminary plat .......,...................... 7 Motion to reinstate motion on preliminary plat made on March 6 (failed) ... . . . . . . .. 8 Motion to approve original resolution (withdrawn) ............................ 8 Resolution R071-00 approving preliminary plat with new road plan. . . . . . . . . . . . , .. 9 FINAL PLAT/GREY OAKS/GREY OAKS, INe. ................................. 9 Motion to deny the final plat .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 SUPPLEMENTAL FEASIBILITY/IP98-29/GREY OAKS (PHASE I & II) Motion to table, . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 MASTER PLAN PROPOSALIBUNKER LAKE BLVD REDEVELOPMENT/LEONARD PARKER & ASSOCIATES Motion to approve contract .............................................. 13 TABLE SKETCH PLAN/DA VE HARRIS Motion to table. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 DISCUSS PARK DEDICATION AND TRAIL FEES FOR NEW HIGH SCHOOL AND ELEMENTARY SCHOOL .............................,........... 14 NORTHERN NATURAL GAS PIPELINE DISCUSSION ......................,.. 14 COMMUNITY CENTER STUDY PHASE II, CONTINUED Motion to authorize funding ............................................. 15 SUBMIT LIST OF APPLICANTS TO ANOKA COUNTY BOARD/COON CREEK WATERSHED DISTRICT Motion to forward the three applicants/first choice -- Jeffrey Knoll . . . . . . . . . . . . . .. 15 Regular Andover City Council Meeting Minutes - March 21, 2000 Table of Contents Page ii DISCUSS INFORMATION SERVICES TECHNICIAN POSITlON ................. 15 Motion to approve ..................................................... 16 MAYOR/COUNCIL INPUT Moratorium on eel! towers. . . . . . . . . . . . .. . . . . . . . . . . . , . . . . . . . . . . . . . . .. . . . .. 16 Sewer rates. . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 16 Code enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .. 16 Interim zone other than NB ......................,....................... 16 Mixed housing .............................................,.......... 16 Mayors' breakfast................................ ...................... 17 Removal of Ag Preserve designation Eveland property Motion to forward that support to EQB .,....... . . , . . , . . . . . . . . . , . , . . . . .. 17 APPROVAL OF CLAIMS .................................................. 17 ADJOURNMENT ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 21, 2000 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, March 21, 2000, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Julie Johnson, Mike Knight, Ken Orttel Councilmember absent: Don Jacobson Also present: City Attorney, William G, Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Fire Chief, Dan Winkel Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Tom Enzmann. 1718 Andover Boulevard - presented copies of a petition signed by the residents along Andover Boulevard between Hanson and Crosstown Boulevards. All but three residents signed the petition. Of those three, one works nights, one was on vacation, and one resident refused to sign. He understands the Council will be meeting with neighborhoods to discuss issues of the new school, but he asked the Council to address Item 3 before that time. The speed limit is 40 mph, which the residents feel is too high. He related a near-accident situation on Ibis and Andover Boulevard relating from speed and requested the Council reduce the speed to 30 mph. If the City does not have the time or the money or the signs, the residents are willing to put up the signs themselves. From his conversations with the State, he understands the City has the authority to set speed limits. Council discussion with Mr. Enzmann was the understanding that only the State can set speed limits. Mr. Erickson agreed to look into the matter further to determine if the City has the ability to lower the speed limit and bring it back to the Council. Dan Johnson. Nightin~ale Estates - noted from the Andover newsletter, he gets the impression the Council and Staff have done a lot of work to get the new high school in Andover and that it is now a done deal. He moved here 13 years ago to get away from this. He doesn't need the extra schools or extra traffic. He felt the area is growing too fast and has too much traffic. The City is losing its rural character. If it is not too late, he'd appreciate it if the Council would consider slowing down growth. -.' Regular Andover City Council Meeting Minutes - March 21,2000 Page 2 (Resident Forum, Continued) John Moore. 16030 Makah Street NW - understands Northern Natural Gas is considering not boring under I 60th but laying the pipe along side the road. He felt that would be difficult to do because of the uneven and limited easement. He called the toll free number for FERC and discussed this with them. During the conversation, the woman indicated she felt the City of Andover was in favor of this pipeline along the existing pipeline. He said that was not true and asked that the Councilor Staff fax something to FERC that the City denied the Special Use Permit for this pipeline. Council agreed to add this item to the Agenda for further discussion. Jim Hanson. 3555 121st Lane - appreciated having the trailer removed at 3542 142nd. There are still junk cars in the back yard which have been there since last November plus four large piles of garbage in the back. No work has been done on the house since the fire. It has a broken window that has been open since the fire and has not been boarded up. Another concern is the continued frequency of visits by the Sheriff's Department to the property. He asked about the legal procedure of the problems still there. There are many children in the neighborhood and the garbage has attracted rats and stray dogs. Staff noted the landowner has until March 31 to begin abating the process. The gentleman working on the process will be back on April 4, and he indicated he will begin the repairs at that time. The City has taken action on the cars. Sheriff's Department Captain Larry Klink stated the cars are scheduled to be removed from the property tomorrow. There has been some police activity to the site the past couple months, thinking they resulted from citizens that called about a noise complaint. A charge was made against a person there with a stolen bobcat. The situation is being monitored. Randy Fergeson. Rose Street - thanked the Sheriff's Department for their involvement in this issue. He noted there are tires in the yard of that property, which will become a mosquito bed pretty soon. He wanted to bring that to the attention of the City. Mayor McKelvey indicated the City will see that it gets cleaned up. Mike Hollister. 1816 Andover Boulevard - stated there are 31 children on that block of Andover Boulevard. There are too many kids for the high speed, asking the Council to consider reducing that speed limit. Councilmember Johnson asked if the speed trailer could be placed there now. Captain Klink stated they can do that to monitor the area. Councilmember Orttel noted residents have indicated they would be willing to allow the Deputies to use their driveways to monitor the situation. AGENDA APPROVAL Add Item 26, Extend Public Hearing Date to April 18/Jay Street Project; and Item 7a, Northern Natural Gas Pipeline Discussion Motion by Knight, Seconded by Johnson, to approve the Agenda as amended. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. Regular Andover City Council Meeting Minutes - March 21, 2000 Page 3 CONSENT AGENDA Item 11 Approve Plans and Specs/IP99-35/Woodland Estates 2nd Addition (Resolution R061-00) Item 12 Approve Resolution/No Parking/Woodland Estates 2nd Addition (Resolution R062-00) Item 13 Approve Final PlatlShadowbrook 6th Addition (Resolution R063-00) Item 14 Re-Approve Use of 1999-2000 CDBG Funds Item 15 Approve Change Order #2/IP99-21/Sunshine Park Shelter (Resolution R064-00) Item 16 Approve Quote/Playground EquipmentfTimber Rivers Park (Minnesota- Wisconsin Playground, $2,325.20) Item 1 7 Approve Outdoor Recreation Grant ProgramlIP99-2/Hawkridge Park (Resolution R065-00) Item 18 Approve Outdoor Recreation Grant Program/Wild Iris (Resolution R066-00) Item 19 Award Bid/IPOO-3/2000 Crack Sealing (Resolution R067-00) Item 20 Award Bid/IPOO-4/2000 Seal Coating (Resolution R068-00) Item 21 Request to Hold Project/IPOO-8/Sunshine Park Parking Lot Expansion and Trail Improvement Item 22 Request to Hold project/IP99-34/Crosstown Boulevard Bikeway-Walkway Improvement Item 23 Approve Change Order #1/IP98-28/Shadowbrook 5th Addition (Resolution R069-00) Item 24 Release Escrow/IP80-3/Downtown Center Item 25 TIF Debt Service Transfer Resolution (Resolution R070-00) Item 26 Extend Public Hearing Date to April 18/Jay Street Project Motion by Johnson, Seconded by Knight, to approve the Consent Agenda. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. AGENDA APPROVAL March 6, 2000, Regular Meeting: Page 20, first line, change "final plat" to "preliminary plat". Third paragraph, last sentence, clarity, "The City has received the By-Laws and Covenants but they are not completed to meet the conditions of the Resolution." March 9, 2000, Special Meeting: Correct as written. Motion by Knight, Seconded by Johnson, approval of both Minutes with the corrections on the March 6 Minutes. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. Regular Andover City Council Meeting Minutes - March 21,2000 Page 4 ANOKA COUNTY SHERIFF MONTHLY REPORT Captain Larry Klink reported the Sheriff's Department responded to 750 calls in February compared to 858 the month before. Most of the reports were in the area of thefts and damaged property. Mr. Fursman stated several calls were received after the last newsletter regarding neighborhood watch. He reminded residents that if they want to establish a Neighborhood Watch, the Sheriff's Department would assist. PRELIMINARY PLAT/NORTH VALLEY RIDGEÆD FIELDS AND SONS, CONTINUED Mr. Carlberg stated at the March 6 meeting, the City Council approved the preliminary plat of North Valley Ridge with the redesign of Raven Street as proposed by the residents. Council left it up to the residents and developers as to who would pay for the cost of reconstructing the cul-de-sac on Raven Street in Wittington Ridge. Since that meeting, the City has received phone calls and visits from those opposing the Council's action. Dan Bennington. 15638 Raven - thanked the City Council, Staff, Jeff Caine and Mr. Fields for working with them to reach an agreement. All the infonnation will be given to them by Staff to design and layout the Raven Street cul-de-sac north of 156th Avenue according to the City's requirements. Money will be put in escrow from the residents to cover the costs. Tom Swanson. 2146 I 57th Lane - stated their neighborhood is concerned with the proposed new development to the west and with the lack of representation of 157th Lane at the last Council meeting. He presented a letter to the Council from which he read his concerns on the alternate road layout presented by some residents and approved by the Council. They feel this proposal was passed in the midst of misinfonnation and confusion. They also felt the Council would not have approved it if they had known the vast majority of those along 157th Lane opposed it. Mike Walz. 2176 157th Lane - stated he was asked at the last meeting if he was representing Nightingale Preserve Association. He said he did not have the full support of all the residents along 157th Lane. Mr. Swanson - watched the tapes of the March 6 meeting, At that meeting, Mr. Walz stated the Association had no opinion. In fact, the Association never voted on the issue. Most of the people along 157th didn't even know about this proposal. Russ Mitchell. 2032 157th Lane - with the gas pipeline going across 157th, if Raven Street is a cul- de-sac north of 156th A venue, there will be no quick way to respond to the far side of the pipeline without having to go up to Constance. He didn't think it was a good idea to close off the southern access. He was also concerned about the ingress and egress of the neighborhood for emergency services. One of the arguments for closing Raven is the speed on that straight away. He countered that some people like the challenge of going fast around corners, and those people do a lot of '_4 ____ Regular Andover City Council Meeting Minutes - March 21,2000 Page 5 (Preliminary Plat/North Vaffey Ridge/Ed Fields & Sons, Continued) damage. It doesn't seem right that the proposal the Council adopted provides all the benefits to those in Wittington Ridge who will not get the traffic, and those along I 57th will get all of the traffic. Mr. Swanson - explained since the last meeting, the neighborhood has met. They did meet with Mr. Bennington prior to that meeting and had asked to stay involved, but they were never contacted again. From watching the March 6 meeting, it didn't seem that anyone ITom the City associated with planning or public safety approved of this plan. Even the developer felt it was a poor plan, noting the City had been diligent about not wanting cul-de-sacs over 500 feet. Raven would be 1600 feet, and only 300 feet from another road. He also pointed out comments made by the Councilmembers regarding their concern for the proposal, but they ultimately voted for it with the understanding that all the residents along 157th agreed. The fact is they were not even made aware of the proposal. This also becomes a class issue, because not many neighbors would be able to come up with the money to reconstruct the cul-de-sac. Mr. Bennington - stated they did contact Mike Walz who was president of the Nightingale Preserve Association about the development, plus there was a sign at the end of the street about the plat. He first approached Mr. Walz after the Planning and Zoning Commission hearing. They had originally proposed to double loop the cul-de-sacs, but that meant a redesign of the plat, would take too long and cost too much money. The cul-de-sac design of Raven was the easiest solution to a big problem. The intent was to reduce traffic in all neighborhoods. 157th will get more traffic but less than if it were open because it creates a fourth access into the neighborhood. Mr. Walz is directly impacted, as all cars from Raven would go through his back yard if it were opened up. Law enforcement would be needed to enforce a restricted speed along 157th. Speeders should be ticketed. They are trying to prevent a major influx of traffic through all neighborhoods from top to bottom. He predicted people would prefer to take 159th to Nightingale because it is a straight shot rather than 157th, which is curvy. Mr. Walz, an elected officer of the Association, had contacted two of the residents. They, as a neighborhood, have done everything the City has asked. He didn't think the pipeline was a major safety factor, since it is as close as 40 feet to some houses in the back of this development. Mayor McKelvey stated that because he is a member of the Nightingale Preserve Association, he will not be voting on this issue. He preferred Raven go through rather than have the long cul-de-sac with only one exit to Wittington Ridge. Also, it means all the traffic will go through 157th, which he felt is unsafe. It is unwise planning. Brian Fluth. 15667 Raven - stated they worked in good faith and spoke to the people they thought they were supposed to talk to. They have done everything the City has asked, which is before the Council as voted on at the last meeting. There is a process to go through, and everyone had the opportunity to be involved. There are some limits as well. The Council has an obligation to fulfill their agreement of the last meeting. Regular Andover City Council Meeting Minutes - March 21.2000 Page 6 (Preliminary Plat/North Valley RidgelEd Fields & Sons, Continued) Mr. Bennington - stated the time for the residents who oppose this to speak up was at the last meeting. The residents were notified for the Planning Commission hearing and knew of the City Council meeting. One person couldn't attend because he works. Everyone has jobs. He then gave a brief background of how the residents got to this point. They have done their homework and have done what the Council has asked. They are paying for this, and they expect the Council to follow through. Dave Martinson. 2161 157th Lane - was at the March 6 meeting and at the P & Z meeting. He is not versed on the procedure of the Commission and Council; but when the Planning Commission voted to recommend the developer's layout, he assumed the Council would also approve it. He found out about the alternative plan 15 minutes into the City Council meeting on March 6. His intent during the meeting was to hear what was going on because no one had informed him of anything prior to this. Mr. Walz told him he found out about the plan 20 minutes before the meeting that same evening. Mr. Mortinson expressed concern that their neighborhood wasn't involved in the alternate plan before the Council meeting. Of the seven residents on 157th, no one was involved in the alternate plan. It should be obvious this evening that the alternate plan was not an Association effort, that the president of the Association did not represent them, and that the majority along 157th are opposed to it. There was a lot of speculation at the March 6 meeting regarding traffic counts and traffic patterns. The alternative plan places all the traffic on I 57th. He also felt this would not set a precedent because another neighborhoods could not afford to pay for the cul-de-sac or buy a lot to appease the developer Russ? . 157th Lane - asked how many people were notified along 157th Lane of this change. Mr. Carlberg stated no City letter has been sent except for notification of the public hearing held by the Planning Commission to those within 350 feet of the site. The gentleman didn't feel the notification process was right since all of them are affected by the proposed street. Only three houses were notified on a street where 9 homes will be affected. When they called the number on the sign on the property, there was no answer. Mr. Carlberg stated the signs were put up one evening and the message was put in place the next day. The gentleman was never notified about the different road proposals until after the meeting. He feels it was kept quiet for other people's interests, and it has created hard feelings. No one will be happy. Mr. Mitchell - noted the sign was at the end of the existing cul-de-sac on 157th where it is visible to few people. When Nightingale Preserve development occurred, his driveway was moved to 157th Lane, and he had to change his address. If there is any increase in traffic, he will not be able to get out of his driveway; and he didn't want to move it again. ----. Regular Andover City Council Meeting Minutes - March 21,2000 Page 7 (Preliminary Plat/North Valley Ridge/Ed Fields & Sons, Continued) LaITY? . 2057 157th Lane - was angered by the decision and had no idea until after the March 6 meeting about the street layout change. He would have been at the meeting ifhe had known about it. The people on 157th care a lot about what will happen on that road. Ed? . 20S0 I 57th Lane - found out about the meeting after the fact from the City's Building Official when he moved in his house last Friday. Mr. Swanson - as a police officer, he has seen many people drive fast and has issued a lot of tickets. He explained with the curves on 157th and the children, driving through there without knowing the neighborhood is more dangerous than driving down a straight street where there is better visibility for a longer distance. He also noted that he was unable to attend the March 6 meeting because he was called to duty that evening and he couldn't get off. Mr. Bennington - stated there is no purchase agreement to buy one of the developer's lots. One neighbor is trying to do it, but the intent would be to build a house on it consistent with the other homes in the neighborhood. There were four residents in Wittington Ridge that were notified, versus three in Nightingale Preserve, and those residents notified everybody else before the P & Z meeting because they are a tight neighborhood. That is why they have come to the City with their road proposal. They didn't start planning the road layout until the Planning Commission suggested it. Jeff Wheeler. 15670 Raven -stated when the four of them in Wittington Ridge were notified, they did contact the rest in the neighborhood. He is shocked that this is open for discussion. It has already been passed, the four items have been met. They have invested a lot of time and did what they were asked to do. Mr. Mortinson - would like to think that they too are a close knit neighborhood, noting they did rally once they were aware of the threat of this last change. The difficulty is he is one of the senior residents along 157th, and he has been in his home for 15 months, versus those in Wittington Ridge being there for a longer time. The bottom line is the Council had concerns at the March 6 meeting about the representation on 157th, and there wasn't any. He didn't feel the Council should have voted to pass the alternative plan without knowing all of the facts. And if the Council had known about the opposition on 157th, they would not have passed it. He respectfully requested the Council reconsider what happened on the 6th and take into advisement all of the neighbors, not just a few. Based on the information presented this evening, several Councilmember expressed an interest in reconsidering the road layout for the North Valley Ridge plat approved at the last meeting. Motion by Johnson, Seconded by Knight, to reconsider the motion on the preliminary plat. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. ,--- Regular Andover City Council Meeting Minutes - March 21, 2000 Page 8 (Preliminary Plat/North Valley Ridge/Ed Fields & Sons, Continued) The Council reviewed their thought process at the last meeting. Given the testimony this evening, the decision on the road alignment may not have been sound. In speculating on the traffic flow, it was agreed the majority of the traffic would go south. Possibly looping would have been better, but the Council never had an opportunity to look at that option. Motion by Orttel, Seconded by Knight, to reinstate the Motion made on March 6. DISCUSSION: Councilmember Orttel stated he is doing this because the people impacted by the March 6 decision were not involved. His intent is to bring the item back to neutral and look at it again. Motion carried on a 3-No, I-Present (McKelvey), I-Absent (Jacobson) vote. Motion by Johnson, Seconded by Orttel, the original resolution before the Council on March 6 for preliminary plat approval (including the two conditions relating to the garage). DISCUSSION: Councilmember Orttel recommended traffic controls be in place to slow down traffic. TOllY Howard. 2119 156th - stated they live in a rural area and legally the speed is 55 mph. How can they change that? Councilmember Orttel stated the City is working with its state representatives to allow the City to reduce those speed limits in the rural area. Mr. Howard - stated 157th isn't a straight away. The plat should have been designed with a double loop which would not have affected either neighborhood. His kids are in jeopardy now. He lives on a straight street and he doesn't see the cars slowing down. The City is saying the cars will not go down Raven and out on 156th, but he felt that is ludicrous. They would have slowed down on l57th because of the S curve, but 156th is as straight as an arrow. He understands being pro- development, but this is not the best planning. All of their children are between 5 and 9 years old. The resident proposal was the best one to slow traffic down, but saving time and money is not worth the loss of some child's life. Jeff Caine. surveyor for the developer - felt the resident proposal is a poor plan. He did have another alternative as a compromise which is a double loop and a short cul-de-sac. From a planning standpoint, connecting the roads is the best way to go, but they could do this double loop with a minimal amount of change. They are comfortable with this alternative as along as they can move forward with it. Councilmember Orttel stated the only concern would be how the traffic would now affect the neighborhoods to the north. Much of the traffic would go across 159th to Nightingale. Mr. Bennington - stated both neighborhoods are here now and both neighborhoods are saying yes to Mr. Caine's double loop proposal. Mr. Erickson stated Staff did talk about this proposal, and it would be an acceptable alternative. It resolves the issue between the two neighborhoods, but brings up the issue of traffic from 161st. Chief Winkel stated while it is not the best, this proposal is a better one than the dead-end cul-de-sac in Wittington Ridge. It is a workable solution. Regular Andover City Council Meeting Minutes - March 21, 2000 Page 9 (Preliminary Plat/North Valley Ridge/Ed Fields & Sons, Continued) Council discussion was on the impact of the residents to the north. None were present this evening. Other residents present noted with the double loop layout, the only traffic would be those from the neighborhood. With the original proposal, it is likely there would be additional cut-through traffic from 161 st. Mr. Carlberg stated Staff would need to review the proposal in greater detail and determine whether this option required any variances. Councilmembers Orttel and Johnson withdrew the Second and the Motion. Because the traffic along 157th Lane is no longer an issue, Mayor McKelvey indicated he would be able to vote on the plat. Motion by Johnson, Seconded by Orttel, the preliminary plat of North Valley Ridge with the new road plan presented this evening with any variances that may be needed as determined by Staff. (See Resolution R071-00) Motion carried on a 4- Yes, I-Absent (Jacobson) vote. Mike Olson. 157th Lane - stated all the residents have been notified of the new proposal, and all are in agreement of the double loop system! FINAL PLA T/GREY OAKS/GREY OAKS, INC. Mr. Carlberg explained Grey Oaks, Inc., is requesting approval of the final plat of the PUD of Grey Oaks. Ordinance 10 requires the Council to act on the final plat within 60 days of the date of which it was filed with the City Clerk. That 60-day period expires on March 24, 2000. The association documents must be approved prior to the approval of the final PUD plat. There are a number of issues still to be addressed. Staff has not yet completed its review of the preliminary plat. The revised plat was submitted on March 16, and Staffhas not had an opportunity to complete that eighth review. The 60-day extension of the preliminary plat granted by the City Council expires on April 30, 2000. The Council will need to approve the revised development standards with the revisions to the preliminary plat. Mr. Carlberg also noted that the developer has submitted another proposal for this site called Andover Oaks. Staff is treating this as a sketch plan and will proceed with that process. Attorney Hawkins advised that the final plat has to conform to the preliminary plat. There are a number of things that had to be done, some of which have not yet been done. The preliminary plat was approved with the condition that covenants be included on the property. Pete Raatikka. Hakanson Anderson - stated they have been working on the Grey Oaks plat for over two years. They did submit the responses to the City's review No.7 last Thursday. To the best of his knowledge, they have answered all comments. What questions still remain? They have been working with Staff to resolve all engineering issues. Mr. Carlberg again stated they have not yet completed the review No.8. Many of the items will be minor, many having to do with changes to Regular Andover City Council Meeting Minutes· March 21,2000 Page 10 (Final Plat/Grey Oaks/Grey Oaks, Inc., Continued) the preliminary plat since March, 1999. One of the legal issues)las to do with the covenants. A major revision since March, 1999, was the added parking of4-¥.r'tpiites ~ch 'hãd ã °n'í'ajor impact on the drainage and grading. That has still not been approved by the CounciL In February, the Council asked how the age 55 and over parking would be handled; and that hasn't been done. Councilmember Orttel understood the biggest issue seems to be the requirements the Council set when the preliminary plat was approved, including the covenants that would age restrict the property. That has not been done, which would preclude approval of the final plat. Joe Finnley. 30 East Seventh Street, St. PauL attorney on behalf of Grey Oaks. Inc.. and the Windschilts - argued the preliminary plat was approved and is going on that assumption. Tonight they are asking for final plat approvaL The Grey Oaks plat has a three-year history. The surveyor has said they have satisfied all conditions. They have met whatever was asked in all of the letters and have done everything the ordinance requires. The only issue is the over age 55 housing. In the PUD there are requirements to age restrict to comply with the Federal Fair Housing Act. That is ambiguous. It has been their position that they can volunteer to age restrict, but the City does not have the legal right to demand or compel age restrictions. They have never offered over age 55 restrictions. They have offered empty nestor housing. The Council rezoned the property in 1997 with no age restrictions. A year later Grey Oaks applied for a plat and Special Use Permit, and 60 days later the City sent a letter to Grey Oaks asking for more time to figure out the regulation for senior and empty nestor housing. Empty nestor is what Mr. Windschitl has always said he would do. Apparently those regulations never got figured out. In March, 1999, the plat and Special Use Permit were approved, Mr. Windschitl has spent over $600,000 putting in utilities, excavation and grading. In September he tried to get the covenants to satisfy the over 55 housing, offering to do it for rental housing. That restriction cannot be done for owned property. He doesn't know what the City wants them to put for the owned property. They offered to do whatever is possible for every single rental units and were summarily denied. So they tried to layout the project differently, and the City Council didn't like that either. They have tried to satisfy the covenant with something that will work. Never once did the City suggest to them anything other than to make everything age restrictive. That doesn't work. Their documents don't have the over age 55 covenant because the City has rejected every attempt to do so. Mr. Finnley continued another document before the Council is the agreement Andover reached with the Metropolitan Council to work toward goals for affordable life cycle housing. The Council gave their promise and will be going against that promise if it tells them they can't build this because they won't age restrict it. It is very inconsistent. Mr. Windschitl has consistently said this would be empty nestor housing. No project in town has an age restriction on for-sale housing. He felt they are free to disregard the requirement because it bears no relation to the zoning. He asked for approval of this final plat. Everything is in order except for the ago:: 55, which they tried to do but were turned down by the City. Councilmember Knight pointed out in the Minutes of March 4, 1997, Mr. Windschitl refers to senior housing. In fact, that property was zoned for multiple housing at Mr. Windschitl's initiation and his .- --.~- Regular Andover City Council Meeting Minutes - March 21,2000 Page 11 (Final Plat/Grey Oaks/Grey Oaks, Inc, , Continued) proposal for senior housing on the site. It would not have been rezoned if the senior housing had not been the proposed development. Councilmember Orttel also pointed out the housing goals agreed to with the Metropolitan Council will be backed up with the City's actions, but he didn't understand that connection with Mr. Finnley's argument for this which is to be senior and empty nestor housing. The agreement with the Met Council doesn't go into effect until the 2010 plan. This location is not the place for high density housing because of the lack of transportation and other amenities needed. The PUD was for senior housing and never more than for empty nestors, not low and moderate income housing. He stated this would never have been allowed without the age restriction. Mayor McKelvey didn't think empty nestor is part of the life cycle housing goals. Jerry Windschitl. Grey Oaks. Inc. - stated the rezoning was City initiated. His comments in the March 4 meeting were prior to the public hearing for the Comprehensive Plan Amendment. The public hearing for that amendment was on March 25, 1997, and the Council approved the rezoning on April 1, 1997. These statements were not made at the public hearing. If the final plat is not approved, he has the right to know what items are outstanding. To the best of his knowledge, they have everything completed. The items at the last review were very, very small. One issue was on the Coon Creek Watershed approval, which they do have. The Council had directed Staff to come back the following meeting with a list of differences between the original development standards and the present one. That never took place, and that would have resolved all these issues. They have answered all outstanding items that they know of. Councilmember Johnson stated the biggest issue is the covenants. Can't they reference the statutes and state the percentage? Mr. Windschitl - stated his attorney addressed that. He is asking about the outstanding engineering issues. They know of none. The number of housing units is the same as approved on the March 2, 1999, preliminary plat. Mr. Carlberg again stated they have not yet reviewed the last submittal. Council and Staff asked about the other drawings. Mr. Windschitl - stated that is a different plat with a different name. The number of units in the plat under consideration has not changed. Mr. Finnley - stated the second plat was submitted in case this plat is not approved. The Council noted the plat of Andover Oaks would have to start all over from the sketch plan stage. Mr. Carlberg stated the developer also submitted a revised preliminary plat in December, 1999, which had over 500 units. Mr. Finnlev - stated that proposal has been withdrawn and has no legal effect on this proposal. He conceded if they go ahead with Andover Oak, it would have to start with the sketch plan process. Councilmember Orttel stated there was reference to possible TIF financing similar to the Farmstead. In the Council's mind, there was never any question about age restriction. Whenever empty nestor was mentioned, the Council always corrected it to senior housing. He thought it was very clear and there was no mistake. The City has never allowed more than three units per acre other than the Farmstead, which is very clearly a senior complex. This would never have been approved without a senior complex. -- ---.-- Regular Andover City Council Meeting Minutes - March 21,2000 Page 12 - (Final Plat/Grey Oaks/Grey Oaks, Inc., Continued) Mr. Finnley - agreed in 1997 the discussion was on the property being considered as a development of senior housing; however, that was not a condition ofthe housing. Councilmember Orttel noted that was the condition of the Special Use Permit. Mr. Finnley - stated they are asking for final plat approval. If the Council says no, he felt the City's attorney will advise them to cite the reasons. Attorney Hawkins stated the reason is the covenants submitted did not comply with the condition of the Special Use Permit of the PUD. It does not restrict the units to comply with Minnesota Statute 363.02 and the federal statutes. Mr. Finnley - felt that is an illegal condition. Dan Bennin~on - stated when Grey Oaks was first discussed, he moved into Wittington Ridge and was appalled. They fought this tooth and nail as a neighborhood. What is the difference between Grey Oaks and The Farmstead? It seems likely if this is turned down, the City will get sued. Councilmember Knight stated the significant difference between the two developments is The Farmstead is a managed care facility, which is a big part of Presbyterian Homes all over. Mr. Carlberg noted the documents regarding financing regulate it as a senior development, and that is the difference. In Grey Oaks the City doesn't have those agreements and documents. Mr. Bennington - asked ifthere is anything they can do as a neighborhood to help resolve this. Some of the issues have been addressed. The rental units along Hanson Boulevard away from the for-sale units, plus progressing to higher priced units to the west has given them extra protection. The developer has said he will market to the seniors and empty nestors, which is how The Farmstead markets. They would love to see something happen out there to get this done. Council member Orttel noted The Farmstead does not sell units, it is rental property, Councilmember Johnson expressed frustration over this entire process. There is a big difference when marketing this. Empty nestors can mean families, which gets in to the issues of schools and other things. The City needs to be very careful about what it is doing. She felt this is a great project, but the City needs to see that this is senior/empty nestor stated in the covenants. Chris ? 15936 Lynette - purchased his property three years ago. He did a lot of investigation and was looking to get away from the high density. So he purchased acreage. He couldn't believe that would be high density next to this acreage. They like the school district but it is over crowded. He is frustrated that this has gone round and round since 1997. Dave Elliott. Wittington Rid~e - stated some of the residents got together; but for the most part, the neighborhood is still resolved to see this as a senior development. He agreed with Councilmember Johnson that the plat is very good. They want to see the age restrictions put in the covenants. If that means the entire area must be rental, then so be it. -' ~ , Regzllar Andover City Council Meeting Minutes - March 21,2000 Page 13 (Final Plat/Grey Oaks/Grey Oaks, Inc., Continued) Mr. Finnley - stated the empty nestors are not over age 55. Secondly, land was zoned multiple with no restrictions. Apartments could have been built on it. Land that was zoned multiple was swapped for this land and it was again zoned multiple with no restrictions. Motion by McKelvey, Seconded by Knight, to deny the final plat of Grey Oaks due to the fact that the preliminary plat has not been completed due to the outstanding issues on it. Reference Resolution R056-99, condition No.4 has not been done to the satisfaction of the City; condition No. 5 has not been done; Condition No.6 addressing the preliminary plat has not been done; and Condition No. 9 has not been done; also Resolution R055-99, Condition No. 5 regarding age restriction has not been satisfied. DISCUSSION: The Council agreed to have Staff prepare a resolution based on the motion for formal action at the next meeting. It was also noted that the preliminary plat does not expire until April 30, so this plat is open for another final as long as it is approved by April 30. A woman asked about the R-4 zone and what price level of homes would be put on an R-4 zone. The council explained the property would have to be rezoned for urban residential. The City does not regulate price levels. Mr. Carlberg stated the Comprehensive Plan Amendment to rezone this property to R-4 would be on the first meeting in May. The Motion carried on a 4- Yes, I-Absent (Jacobson) vote. APPROVE SUPPLEMENTAL FEASIBILlTY/IP98-29IGREY OAKS (PHASE I & II) Motion by Knight, Seconded by Orttel, to table Item 4. The Motion carried on a 4- Yes, I-Absent (Jacobson) vote. MASTER PLAN PROPOSAVBUNKER LAKE BOULEVARD REDEVELOPMENT AREAiLEONARD PARKER AND ASSOCIATES Mr. Carlberg noted the proposed contract with Leonard Parker & Associates to do a master plan on the area north of Bunker Lake Boulevard between Crosstown Drive and Crosstown Boulevard for the price of$12,500. They have already started work on that and understand the need to expedite this. Money is available in the CDBG funds. Motion by Knight, Seconded by Johnson, for approval. The Motion carried on a 4-Yes, I-Absent (Jacobson) vote. TABLE SKETCH PLAN/DAVE HARRIS Motion by Knight, Seconded by Johnson, to table Item 6. The Motion carried on a 4- Yes, I-Absent (Jacobson) vote. ~, Regular Andover City Council Meeting Minutes - March 21,2000 Page 14 DISCUSS PARK DEDICATION AND TRAIL FEES FOR NEW HIGH SCHOOL AND ELEMENTARY SCHOOL Attorney Hawkins stated the City has no legal authority to request park dedication fees from the school district without a subdivision. Councilmember Orttel asked if the City could collect trail fees. Attorney Hawkins advised the City can only collect on subdivisions or plats. Park and Recreation Commission Chairperson Jim Lindahl would like to pursue trail fees, at least across the front ofthe parcel. Councilmember Knight felt another concern will be fencing along both sides of the trail. How extensive should it be? Where would the money come from? Chairperson Lindahl asked if the park budget will have to pay for those costs from park dedication fees. The plan calls for a trail from the creek north to Sunshine Park. Some of the trails will funnel local students to the high school. Mr. Erickson stated they will look at fencing. It may not have to be cyclone fencing. Chairperson Lindahl wondered if the City could negotiate a trail fee with the school district. A trail would benefit both the City and the school, and they need to work together. He thought only minor dimensional changes would be needed on the fields at Sunshine Park to accommodate the high school teams. A concern may be the overlapping of the City's programs with the school's programs in the spring. Attorney Hawkins stated those items will be discussed as a part of the joint powers agreement. Councilmember Orttel suggested the Council hold a special meeting with the Park Board, since parks is a major issue. NORTHERN NATURAL GAS PIPELINE DISCUSSION John Moore - stated different opinions are received ti-om the different government departments. He talked with a woman at the toll ti-ee number at FERC, who got the impression the City supported the project proposed by Northern Natural Gas Company. He was concerned and asked that the City do what it can to clarity their position. In reading the documents, he didn't find any place where it states that Northern Natural Gas has to bore under I 60th, which is what everyone is expecting them to do. He doesn't trust them. Mr. Carlberg stated the construction plans approved by FERC show the borings under the street. Staff can definitely provide a copy of the Resolution stating the Council's position. Mr. Moore - stated no construction plans have been submitted, and he was told none would be submitted until after the permit. In reading the certificate, nothing is said about boring along 160th, only under road crossings. Winslow Holasek. 1159 Andover Boulevard - clarified the alignment sheets showing the placement of the line have been submitted to FERC and have changed many times already. What they need to -.. Regular Andover City Council Meeting Minutes - March 21, 2000 Page 15 (Northern Natural Gas Pipeline Discussion, Continued) see are the construction plans showing exactly where the line will go. He asked for those plans to get more details on his property for the appeal. All he got was the alignment sheet which had recently changed. FERC said they do not have construction plans, which are normally done before the project when the bids are let. Also, there are different departments working on this, and they don't seem to have the same information. He asked that the City send something official stating its position is the Special Use Permit was denied because of problems. Mr. Carlberg stated Staff will contact FERC in the morning to find out. Council agreed. COMMUNITY CENTER STUDY PHASE II, CONTINUED Mr. Fursman stated the Cities of Ramsey and Anoka are both waiting to see whether or not Andover will participate in the study. The school district has not gotten back to him, so he didn't know whether or not they would participate in the study. If the three cities participated, the cost would be one third. The other concern may be the citizens may not want to be taxed for another bond since the school bond has just passed, and there is also talk of an ice arena. Motion by Orttel, Seconded by Johnson, that the Council authorize the funding of the services for Phase !I of the community center. DISCUSSION: Mr. Fursman stated he will find out what the other communities want to do and bring back options for funding. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. SUBMIT LIST OF APPLICANTS TO ANOKA COUNTY BOARD/COON CREEK WATERSHED DISTRICT Motion by Orttel, Seconded by Knight, recommend the Council forward the three applicants to the County Board for possible appointment to the Coon Creek Watershed and note that the Council's first choice is the reappointment of the incumbent Jeffrey Knoll. Motion carried on a 4-Yes, 1- Absent (Jacobson) vote. DISCUSS INFORMATION SERVICES TECHNICIAN POSITION Mr. Dickinson reported the Elk River City Council approved the partnering of an Information Services Technician up to 16 hours per week, and they directed their Staff to work with the City of Andover after it approves this. This was done in 1998 with the City of Champlin. This person would work for Andover for 24 hours per week. He felt there is sufficient work given the number of stations. Duties would include working with hardware, software, the network, and assisting in the development of other software. Funding would be &om the salary left over after the intern leaves plus a savings on professional services, - , Regular Andover City Council Meeting Minutes - March 21, 2000 Page 16 (Information Services Technician Position, Continued) Motion by Orttel, Seconded by Knight, to approve the Staff request of Item 10 for an Information Services Technician. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. MAYOR/COUNCIL INPUT Moratorium on cell towers- Mr. Carlberg reported Staff is working on the ordinance and will be bringing that to the Planning Commission and City Council. He will talk with Staff to expediting that item. Sewer rates - Councilmember Orttel asked for a report on whether the City's rates are staying in line with those of the metropolitan area. Code eriforcement - Councilmember Orttel noted a memorandum from a resident on the issue of code enforcement ofletters sent out which indicated someone had complained when it was in fact a violation observed by Staff. He asked if the City is going to pursue the legal action per the letter. Council member Knight stated he is not in favor of playing "eye spy". If there is a complaint or if something is really noticeable, deal with it; but there is a line that should be kept. He also preferred the letters be nonthreatening, and he preferred working with the individuals. Mr. Fursman explained the letters were sent out with an error. Staff had always operated on complaints, and that language was not changed in the letters. Mr. Carlberg felt the letters have been toned down. Staff was frustrating driving by three violations to get to one. This was a systematic approach to get the entire area to comply. Staff is working with those residents to comply. If they are having trouble doing so, they are being given more time. He felt the final decision on legal action can be held off as long as they need it. Interim zone other than NB - Councilmember Orttel suggested consideration be given to establishing an interim zone along the major roads as a buffer to the housing, thinking specifically of Bill's Superette on Hanson Boulevard. Mr. Carlberg stated that zone for office buildings, etc., would be the Limited Business zone which is already in the ordinance. Mixed housing - Councilmember Knight suggested the City consider achieving the housing goals by requiring them in the various plats to spread them out. Possibly a percentage of any R-4 plat should be established for multiples and rentals. He'd like to see something done in terms of minimal housing prices. Attorney Hawkins stated the easiest way to manage affordable housing is to regulate the square footage. Others agreed the City does not want to cluster multi-family or lower-income housing in one area. Mr. Carlberg suggested the Council tour some of the developments where those housing styles are integrated. The Council generally agreed that should be done at some work session, asking that a schedule be brought back to the April 4 meeting. - . Regular Andover City Council Meeting Minutes - March 2i, 2000 Page 17 (Mayor/Council input, Continued) Mayors' brealifast - Mayor McKelvey stated he is in charge of the Mayors' breakfast being held at St. Stephens in Anoka this Thursday. Removal of Ag Preserve designation on Eveland property - Mr. Carlberg stated the school district has asked the City to support the removal of the Ag Preserve status on the Eveland property by submitting a letter to the Environmental Quality Board. He would prepare that letter, fax it to the Councilmembers for their review. then have the Mayor sign it. Motion by Orttel, Seconded by Knight, to so move. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. APPROVAL OF CLAIMS Motion by Knight, Seconded by Orttel, the payment of claims. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. Motion by Orttel, Seconded by Knight, to adjourn. Motion carried on a 4- Yes, I-Absent (Jacobson) vote. The meeting adjourned at 11: 13 p.m. Respectfully submitted, \\\\C\.~uQL ~~ Mar~la A. Peach Recording Secretary