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HomeMy WebLinkAboutCC April 7, 1987 , CITY of ANDOVER REGULAR CITY COUNCIL MEETING-APRIL 7, 1987-AGENDA 7:30 P.M. l. Call to order 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Batson's Industrial Park Preliminary Plat b. Vicky Pieper Variance c. Randy Pederson variance d. Kensington Estates Preliminary Plat l. Vacate portion of lot e. Transient Merchant Ordinance f. Ordinance 8, Section 6.02 Amendment g. Approve Sheriff's Contract 5. Staff, Commission, Committee a. Park Board l. Purchase of Park Equipment 2. New School Site Field Plan 3. Kelsey Round Lake Park/Thistles 4. Andover Community Education Long Range Plan 5. Redirect Park Funds b. Purchase Water Meters 6. Non-Discussion Items a. Accept Feasibility Report/Order Public Hearing/ Woodridge Acres/87-4 b. Receive Feasibility Report/Order Public Hearing/ Forest Meadows Area/87-5 c. Declare Adequacy of Petition/Order Feasibility Report/Shady Knoll/87-7 d. Establish Housing & Redevelopment Authority e. Declare Adequacy of Petition/Order Feasibility Report/Kensington Estates Phase I/87-8 f. Order Improvement/South Coon Creek Drive/87-9 g. Approve Plans & Specs/Order Ad for Bid/87-2/ Hills of Bunker Lake Phase I h. Approve Contract/CSAH 18 7. Approval of Minutes 8. Approval of Claims 9. Adjournment CITY of ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 7, 1987 MINUTES The Regular Bl-Monthly Meeting of the Andover City Council was ca I led to order by Mayor Jerry WindschitJ on April 7, 1987, 7:30 p .m, at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Ell ing, Knight (arrived at 7:42), Lachinski, Orttel Councilmen absent: None Also present: City Attorney, Wi lliam G. Hawkins; TKDA Engineer, John Rodeberg; Planning and Zoning Commission Chairman, Maynard Ape I ; City Engineering Technician, Todd Hass; City Administrator, James Schrantz; and others AGENDA APPROVAL MOTION by Elling, Seconded by OrtteJ, to adopt the Agenda as presented. Motion carrIed on a 3-Yes, I-Present (WIndschit1), 1- Absent (Kn I ght) vote. BATSON'S INDUSTRIAL PARK PRELIMINARY PLAT Chairman Apel reviewed the progress of the plat noting that last fall the original request was to change the configuration of an area that already had three existing parcels. The original request was to put them in a different configuration. The Staff and Council preferred to see the lot lines goIng straight back. Chairman Apel stated the Planning CommissIon has recommended the plat be approved as shown so the City could get an agreement from the developer to not use the entire area for a junkyard. It was referred back to the Commission by the Council. In the meantime, a study done determined the possibI1ity of some hazardous waste on the premises. Chairman Apel noted Mr. Batson's objection to the 10 feet the Ci ty wants for sidewalks and the 17 feet the county wants for right of way. Mr. Batson feels since the uti lities wi I I be put on the north side of the road, there is no reason for the 10-foot easement. Counc i ] also noted the proposed sketch plan by TKDA for the industrIal park, which includes this area, and the suggestIon for a service road along Bunker Lake Boulevard. Chairman Apel didn't feel the importance for the service road was stressed at the Planning Commission ] eve]. Discussion was on the amount of rIght of way that would be needed through this plat. It was generally felt a service road would be Specia] Ci ty Counci I Meeting Minutes - Apri I 7, 1987 Page 2 (Batson's Industrial Park Preliminary Plat, Continued) needed along Bunker Lake Boulevard and should be required as was done in the Pankonin Addition. The suggestion was to take the easement now at the time of platting but not require it to be constructed. The City could also compromise and not adhere to the normal setbacks at this time because of the existing buildings on the iots. Discussion was on where the easements should be determined from. Attorney Hawkins asked why the property isn't being platted from the section line. It was determined then the City and county easement would amount to 83 feet from the section line, which shouJd be included In the plat. (Councilman Knight arrived at this time. 7:42 p.m.) Councilman Lachlnski stated he would be in favor of approving the plat wi th the service road easement but also providing the necessary variances on lot sizes and setbacks. William Batson - asked why nothing was said about a service road last fall when he came In. He asked how many feet In right of way Is now being asked for from his lot line. Mayor Windschltl stated It would be 47 feet. Me. Batson - stated then he Is not interested In platting the property, saying he'd rather sell it to the city than give up one- sixth of the land for easements. He expressed frustration over having to give up that much land for right of way. Mr. Batson stated at this time he Is withdrawing hIs plat from consideration. MOTION by Lachlnski, Seconded by EJ ling, that we deny the industria] park plan as proposed due to the fact that the developer is not willing to provide right of way for service road purposes. (See Resolution R038-87) Motion carried unanimously. VICKY PIEPER VARIANCE MOTION by El ling, Seconded by Knight, a Resolution approving a variance requested by Vicki Pieper for lot width on property located In Section 04-32-24; changing the first WHEREAS to "...variance from lot wdith from 300 feet to 290.44 feet..."; and subject to park dedication fees. (See Resolution R039-87) Motion carried unanimously. RANDY PEDERSON VARIANCE Chal rman Ape I reviewed the Planning CommissIon's recommendation to approve a variance requested by Randy Pederson to vary from the Jot wIdth requirement. They are refinancing their home, and the Joan company wi II not finance more than ten acres. Special Ci ty Counci I Meetl ng Minutes - April 7, 1987 Page 3 (RandY Pederson Variance, Continued) RandY Pederson - stated he wi I I own both lots but wi II not record it. He needs the variance approved for the Joan to go through, but i t is not required to be recorded. MOTION by Knight, Seconded by ElJing, a Resolution approving a variance requested by Randy Pederson to vary f['om the lot width requirement on property located in Section 15-32-24 (See Reso]ution R040-87) DISCUSS ION: Counc i I determined because this is not a lot spl it that no park dedication fees wouJd be required. Motion carried unanimously. KENSINGTON ESTATES PRELIMINARY PLAT (Mayor Windschitl stepped down to the audience for this Agenda item. Acting Mayor Orttel conducted this po['tlon of the meeting.) Chairman Apel and the Counc I ] reviewed the recommended changes and variances of the Planning Commission. 1 and 2) Lots 34, 35, and 36, Block 3, a 40-foot front yard setback be granted. and concurrent with the flJlng of the plat, Out lots D and E wi l] be deeded to Ken and Mary Ann Slyzuk. Mr. WlndschitJ explained this Is soley to help Mr. and Mrs. Slyzuk to provide more land and greater access to their agricuJtural land in the back. In the event his deal with the SJyzuks falls through, he would not need the variance. Counc 11 gene['ally agreed. 3) A variance for Lots 9 and 10 which front on Crosstown Boulevard. The d['iveways for the two lots wilJ be placed as close together as possible to minimize any dis['uptlons. Mr. Windschit] explained the county p['eference is not to have the driveways on Crosstown at all. He also showed an alternate proposal with no driveways on Crosstown, not i ng though It provides an addltionaJ lot, it reduces the amount of assessabJe frontage for Thrush D['ive. Chairman Apel stated the Planning Commission preferred the sketch with the two lots facing Crosstown because they objected to so many double frontage lots along Crosstown. Though the two driveways cannot be made into a common driveway, the Commission recommended the driveways be pJaced as close together as possible. Mr. Windschitl agreed. Mr. Hass showed yet another possible version of that area. After reviewing the proposals, the Counc i I generally agreed with the Planning Commission's recommendation, to va['y Lots 9 and 10 to front on Crosstown Bou]evard, and to place the two driveways as close together as possible. Special Ci ty Council Meet! ng Minutes - AprIl 7, 1987 Page 4 (Kensington Estates Preliminary Plat, Continued) 4) Variance for the length of the cul-de-sacs which exceed the 500-foot requirement. Counc I 1 discussion was on how the length of the cuJ de sacs were measured. The Counci I generally felt the plat showed a good layout of the cul-de-sacs and that the lengths were not excessive. 5) Outlot C be combined with Outlot B and deeded to the City of Andover parcel on the southeast corner of the plat. Mr. WindschitJ stated at some point In time when the final fInish is put on the landfill, they may need a side slope easement. He stated they did an extensive amount of research to find out what is on that side of the landfill. There Is no garbage on that side but mostly burned trees and ashes, broken glass, etc. Counci]man Elling had no objection to the City taking Outlot B, but he questioned why the City should get involved with Outlot C. He felt i t is inappropriate for the City to take Outlot C. Mr. Windschi t] stated he had originally split I t off, but the Planning Commission felt I t should be combined and deeded to the City. Some of the drainage does go to Outlot C. He stated he Is willing to do It any way the City chooses. After discussing this further, the Counc I] agreed to leave Outlot C as shown but let the developer retain ownership. 6) Variance for jog in 141st Lane between Uplander and Raven. Counc i J fe]t the layout was appropriate and generally agreed to the varIance. MOTION by Knight, Seconded by Lachinskl, a Resolution approving the preliminary plat of Kensington Estates being developed by Gerald and Carol Wlndschitl in Section 27-31-24 as pesented. DISCUSSION: Frank Stone, Public Works Supervisor, explained the Review Committee recommended running 145th Avenue straight through. They also recommended Partridge be made a through street. Mr. Wlndschitl stated he is wIl ling to give the easements to run the utilities through the 145th area and is working with TKDA on where those easements will be needed. Easements are not shown on the plat because the exact placements of the utility lines are not yet known. Because that is a very nice area, he preferred not to extend 145th through, thinking it would create more through traff i c in the neighborhood. VOTE ON MOTION: YES-Knight, Lachinski, Orttel; NO-Ell ing, as he dId not fee] the City should accept Outlot C; ABSTAIN-Wlndschltl. Motion carried. MOTION by LachInskl, Seconded by Knight, to reconsider the prIor moti on. Motion carried on a 4-Yes, I-Abstain (Wlndschitl) vote. Specla] CIty CouncIl Meeting MInutes - Aprl ¡ 7. 1987 Page 5 (Kensington Estates Preliminary Plat, Continued) MOTION by Knight, Seconded by Lachinski, a Reso]utlon approving the preliminary plat of Kensington Estates beIng developed by Gerald and Carol Wlndschitl In SectIon 27-31-24; changing the 1st NOW, THEREFORE, BE IT RESOLVED to "...2) Outlot C will remaIn in the ownership of the developer and Outlot B would be deeded to the City..." Motion carried on a 3-Yes, I-Present <Elling), I-Abstain (Wlndschltl) vote. MOTION by Lachlnski, Seconded by KnIght, to reconsider the prior motion. MotIon carried on a 4-Yes, 1-Abstain (Wlndschitl) vote. MOTION by KnIght, Seconded by Lachinski, reInstating the prior motIon on Kensington Estates by add a fifth variance: A varIance wi 11 be granted for Lot 14, Block 3 for average depth. (See Res01ution R041-87) Motion carried on a 3-Yes, I-Present CEIling), I-Abstain (Windschit]) vote. KENSINGTON ESTATES - VACATE PORTION OF LOT MOTION by Lachinskl, Seconded by Knight, that we authorize the City Administrator to publIsh notIfication to hold a hearing for the vacatIon of the road easement on Partridge Street and 143rd. Vote carried on a 4-Yes, I-Abstain (Windschit]) vote. (Mayor Windschitl returned to chair the meeting.) PARK BOARD - PURCHASE PARK EQUIPMENT Park and Recreation Commission Chairman Marc McMu]len reviewed the Park Board request to purchase equIpment for various parks as outlined. DiscussIon was on the possibilIty and costs of deve]oplng the Fox Meadow park. Counc II asked that the Park Board have a determInation made as to the cost of developing the Fox Meadow park. MOTION by E] ling, Seconded by Knight, that we approve the Park Board purchase equIpment as requested per the ] ist thIs evenIng, Item 5al. Motion carried unanimously. PARK BOARD - REDIRECT PARK FUNDS MOTION by Elling, Seconded by Orttel, that we redirect park funds from Fox Meadows to Prairie Knoll per the Park Board request. MotIon carried unanimously. Special City Council Meeting Minutes - April 7, 1987 Page 6 PARK BOARD - NEW SCHOOL SITE FIELD PLAN Mayor Windschit] explained the Park Board and Andover Athletic Association were asked to refine the proposed Jayout of the athletic area. He stated a few items remain in the negotiations with the school district, asking If anyone would volunteer to complete the negotiations regarding the athletic areas. CouncIlman Knight agreed.- Chairman McMul]en reviewed some of the Park Board recommendations regardIng the new schooJ sIte field pJan, elimInating one soccer field, allowIng space for an indoor hockey area, proposing a cinder track for track and fieJd, placing the bal1fie]ds in a pie-shaped position, and hopefully building a shed or concession stand with restrooms in the middle. Council also discussed the possibilIty of including the ability to light and Irrigate the fields, etc., which should be considered In the negotiation process with the school di str i ct. No Counc i I action was taken. PARK BOARD - KELSEY ROUND LAKE PARK THISTLES Chairman McMullen expJained the decision of the Park Board to keep the Kelsey Park as a totally passive activity park with trails, etc. No organized-type sports would be provided for. A problem is the thistles, which must be control led according to Minnesota State Code. They have talked with the DNR and others asking for recommendations on the best procedure to remove the thistles. Chairman McMullen stated the Park Board's first choice would be a control led burn, then spraying 2,4 D when the growth comes up. The other alternatIve wou]d be to hire Brad Dil Ion to dIsc the area, mulch, then spray 2,4 D. St! II another method would be a controlled burn followed by the planting of a soybean crop to be harvested in the fall of 1987 fol lowed by a prairie grass plantIng in 1988. Mr. McMullen stated the Park Board realizes praIrie grass is expensive and must be burned on a regular basis, but it provides feed for the anImals and Is their preference. Planting the soybean crop allows a year to make a decision on the prairie grass. In discussing the various methods of removing the thistles, there was some concern on the part of the Counc i I about burning and about the use of chemicals on the land. Counc I I preferred that one of the loca] farmers be asked to till the land and plant it with a grass mixture. MOTION by Orttel, Seconded by Knight, that we authorize the City Staff to have the area of Kelsey Park that Is Infested with thistle to be til led by one of the local farmers and planted In a grass mixture to be determined by the City staff. Motion carried unanimously. Special City Counci I Meeting Minutes - Apri 1 7, 1987 Page 7 PARK BOARD - ANDOVER COMMUNITY EDUCATION LONG RANGE PLAN Because the CouncIl did not have the information on this item, it was agreed to table it. PURCHASE WATER METERS Frank Stone, Public Works Supervisor, reviewed the quotes received for watermeters and horns. He recommended the purchase of the Rockwe J ] products even though it was not the 10w quote because they would also provide one visual reader which wi I I ~ead both Rockwell and Neptune meters and 20 feet of wire with each meter. MOTION by LachinskI, Seconded by OrtteJ, that we approve the purchase of water meters from Water Products which are for Rockwel I meters, total of 200 meters and horns for $15,190.00. Motion carried unanimously. DECLARE ADEQUACY OF PETITION/ORDER FEASIBILITY/KENSINGTON ESTATES/PHASE I/IP87-8 (Mayor Windschitl stepped down to the audience for this portion of the meeting. Acting Mayor Orttel chaired this item.) Mr. WindschitJ requested that the property he owns would not be used to determine adequacy of the ShadY Kno J ] petition. He also asked that extremely careful accounting be made of the engineering fi~m's expenses If the Shady Kno II and Kensington Estates projects are mlxed together. He also stated once he receives the feasibilIty study, he wIll make a determination on whether to waIve the public hearing for thIs project. MOTION by Lachinski, Seconded by Knight, a Resolution declarIng adequacy of petition and ordering preparation of a feasibility report for the improvements of watermain, sanitary sewer and street construction with concrete curb and gutter, Project No. 87-8 in the Kensington Estates Phase I area. (See Resolution R042-87) Motion carried on a 4-Yes, I-Abstain (Windschit]) vote. DECLARE ADEQUACY OF PETITION/ORDER FEASIBILITY/SHADY KNOLL/87-7 Mr. Schrantz explained when considering the property within Shady Knoll itself, there are 1 1 out of 20 parcels in favor, excluding the City park. If some of the parcels immediately outside the development are inc1uded, less than 51 percent are in favor. Special Ci ty Counci I Meeting Minutes - Apri I 7, 1987 Page 8 (Declare Adequacy/Order Feasibility/Shady Knol I, Continued) Dan Lizakowski - asked to be excluded from the project, stating he does not want municipal sewer and water. He stated he is also getting a petition from the residents, stating there would not be a majority in favor if hi s lot is included. If he was forced to pay the assessments, he would have to split his lot, which he doesn't want to do. MOTION by Lachinski, Seconded by Knight, a Resolution declaring adequacy of petition and ordering preparation of a feasibility report tor the improvements of watermain, sanitary sewer, and street construction, Project No. 87-7 in the Shady Kn01 Area. (See Resolution R043-87) Motion carried on a 4-Yes, I-Abstain (Windschiti) vote. MOTION by Lachinski, Seconded by Knight, that we set the publ ic hearing date for the Shady Kno11 area, the Woodridge Acres area, and the Kensington Estates area for April 30, 1987, at 7:30 p.m. (See Resolution R044-87) Motion carried on a 4-Yes, I-Abstain (Windschitl) vote. ACCEPT FEASIBILITY/ORDER HEARING/WOODRIDGE ACRES/87-4 MOTION by El ling, Seconded by Knight, a Resolution receiving feasIbility report and cal ling public hearIng on improvements of watermain, sanitary sewer and street construction, Project No. 87-4 in the Woodridge Acres area. (See Resolution R045-87) Motion carried on a 4-Yes, I-Abstain (Windschitl) vote. (Mayor Windschitl chaired the remainder of the meeting.) RECEIVE FEASIBILITY/ORDER HEARING/FOREST MEADOWS AREA/IP87-5 Discussion on the feasibility report was on the concern of constructing Ward Lake Drive. The petition had requested Ward Lake Drive be constructed with MSA funds and the properties along Ward Lake Drive be assessed to help pay for the internal streets, which is inconsistent with the City's assessment policy. Council was concerned about whether Ward Lake Drive could be constructed under MSA standards because of the curve at Audette's Addi ti on. Mr. Schrantz stated the engineers have recommended a T intersection at that location. Counc i I questioned whether even that could be done because of the lowland in that vicinity. It was generally felt that Ward Lake Drive probably would not be constructed for quite some time even if it can meet MSA standards and that the residents of this project area shouJd be aware of that. Regular City Council Meeti ng Minutes - Apri 1 7, 1987 Page 9 (Receive Feasibility/Order Hearing/Forest Meadows/87-5, Continued) It was agreed the project should go to a public hearing to inform the residents of the costs and the likelihood that Ward Lake DrIve wllJ not be constructed In the near future, if at all. Counc II decided to table the Item, asking that BRA determine whether the curve around Audette's Addition can be constructed to meet MSA standards; and If so, how could it be done. MOTION by Knight, Seconded by El ling, to carry the item to the next meeting and to get the report from BRA on the construction of Ward Lake Drive. Motion carried unanimously. ORDER IMPROVEMENT/SOUTH COON CREEK DRIVE/87-9 MOTION by Elling, Seconded by Knight, a Resolution ordering preparation of a feasibility report for the improvements of South Coon Crek Drive, Project No. 87-9, in the Shady Kno II Area. (See Resolution R046-87) Motion carried on a 4-Yes, I-Present (Windschitl) vote. APPROVE PLANS & SPECS/ORDER BID/87-2/HILLS OF BUNKER LAKE. PHASE I Mr. Rodeberg stated the developers have requested many changes in the gradIng plans as the project goes along to save trees, etc. Counc 11 directed the changes and costs of the redesigns be closely documented so the developers are aware of the addl tlonal costs. MOTION by Lachinski, Seconded by Knight, a Resolution approving final plans and specifications and ordering advertisement for bids for Project No. 87-2, for HIJls of Bunker Lake Phase I , acknowledging minor changes required due to grading modifications being requested by the developers; and request the engineering firm to document to the developers that the fees will increase as a result. (See Resolution R047-87) Motion carried unanimously. APPROVE CONTRACT - COUNTY ROAD 18 Mr. Schrantz asked that the item be continued. Counc i 1 asked the attorney to see that the costs of the one-half mile of the Crosstown BouJevard relocation from the Coon Rapids clty line to Bunker Lake Boulevard are paid from the Tax Increment Financing Fund, recognizing it would eventualJy be reimbursed by the county. Counc I J also directed TKDA to work with the DNR to step up efforts to gain approval for the realignment of Crosstown Boulevard south of 139th Avenue. MOTION by Elling, Seconded by Knight, that we continue Item 6h, Contract with Anoka County. Motion carried unanimously. Regular City Council Meeting Minutes - Apri 1 7, 1987 Page 10 ESTABLISH HOUSING AND REDEVELOPMENT AUTHORITY MOTION by Orttel, Seconded by Knight, to schedule a public hearing to determine the feasibi lity of formIng a Housing and Redevelopment AuthorIty for the fIrst regular meetIng in May, May 5. Motion carried unanimously. TRANSIENT MERCHANT ORDINANCE MOTION by Knight, Seconded by Elling, adopti on of the ordinance definIng transient merchant, pedd1er, canvasser, and soJlcitor and requiring saId individuals or organizatIons to comply with certain procedures while doing business within the City in order to provide for the public welfare, and providing for fees and prohibiting the use of public right of way or public property for certaIn activities, as presented. Motion carried on a 4-Yes, I-No (Lachinski) vote. ORDINANCE 8. SECTION 6.02 AMENDMENT Mayor Wlndschitl noted the Planning Commission did not hold a publIc hearing on the sIde-yard setback on corner 10ts. He reviewed past Counc i I actIons, noting the problem of the 35-foot setback on corner lots as required by OrdInance 82. It was agreed to hold a public hearing on the issue, directing the Attorney to wrIte the proper language for an amendment that wouJd al low some flexibi llty in the sideyard setbacks on corner lots to meet existing or proposed structures. MOTION by Lachinski, Seconded by Knight, that we set a public hearing on the fIrst reguJar meetIng in May to address an amendment to Ordinance 82. MotIon carrIed unanimous1y. Discussion was then on the Planning CommIssion's recommendation that no change be made in the side-yard setback along major arterial streets. Mayor Wlndschitl noted the 50-foot setback was approved when there were no improved county roads in the Ci ty to insure enough setback If the roads were ever widened. If It Is a situation where the county has already widened the road, is such a large setback needed? On the other hand, being further away from county roads may be an advantage from the standpoint of noise, traffic, etc. Counc i I agreed to add this item to the public hearing on the amend~ent to OrdInance 82, asking the CIty engineers to sketch different examples showing the affects of the setbacks required. MOTION by E1 lIng, Seconded by El ling, to add this item to the pUblic hearing of the previous motIon. Motion carried unanimously. Regu]ar City Council Meeting Minutes - ApriJ 7, 1987 Page 11 APPROVE SHERIFF'S CONTRACT Mayor Windschitl explained the motion approving the Sheriff's contract specifica]]y noted It wouId be a one-year contract. The contract receIved from the Sheriff's offIce Is for two years. He stated he would change that before signing it. The Mayor was also concerned about an escape clause In the contract. After discussIng It further, the Attorney felt the I anguage In the contract on cancellatIon was sufficient. APPROVAL OF CLAIMS MOTION by EIling, Seconded by LachInskI, that we approve Checks 12497 through 12576 for a sum of $95,547.27. Motion carried unanimously. APPROVAL OF MINUTES March 17 . 1987: Correct as written. MOTION by Lachinski, Seconded by Knight, that we approve the Minutes for March'f7 Regular CouncIl Meeting. Motion carried on a 4-Yes, 1- Present (Wlndschitl) vote. SET SPECIAL MEETING MOTION by Ortte], Seconded by Knight, to schedule a special meeting on Ape! J 15, 7:30, City Hall, to dIscuss severa] Issues. Motion carried unanimously. MOTION by Lachinskl, Seconded by El ling, to adjourn. Motion carrIed unanlmous1y. Meeting adjourned at 11 :15 p.m. Respectfully s~mitted~, j' \~c<Ä<-Jll.,-- C\ .~~---;;'<-. _ Mar eJ la A. Peach Recording Secretary