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HomeMy WebLinkAboutCC February 17, 1987 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - FEBRUARY 17, 1987 - AGENDA 7:30 P.M. 1. Call to order 2. Resident Forum ~ Agenda Approval J . 4 . Discussion Items a. Winslow Hills Sketch Plan b. Round Barn Special Use Permit c. Junkyard License Renewals d. Commercial Building Ordinance e. Batson's Industrial Park Preliminary Plat f. Woodland Estates Discussion g. Preliminary Plat Expense/C. Smith h. Coon Creek Bridge Property *' Ordinance 40 Amendment, Cont. .1.. 5. Staff, Committee, Commission Reports a. Public Works/Purchase Hydraulic Truck Conveyor b. Ordinance 47A Amendment c. Purchase Plan Hold File d. Fire Department Phone Line e. 6. Non-Discussion Items a. Ordinance 8 Amendment/Waste Tires b. 133rd Avenue/86-21/Agreement w/Coon Rapids c. County Road 18 Relocated Agreement w/County d. Forest Meadows/ward Lake Drive Area Draft Report *e. Assessment Abatements *f. Final Approval of Comprehensive Sewer Staging Plan g. 7. Approval of Minutes 8 . Approval of Claims 9. Adjournment - CITY of ANDOVER REGULAR CITY COUNCIL MEETING - FEBRUARY 17, 1987 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was ca] led to order by Mayor Jerry Windschitl on February 17, 1987, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Ell ing, Kn I gh t , Lach i nsk i , Orttel Councilmen absent: None Also present: City Attorney, John Burke; PlannIng and Zoning CommIssion Chairman, Maynard Apel: City EngineerIng Tech, Todd Haas; City AdmInistrator, James Schrantz: and others RESIDENT FORUM Dick Schneider. 1343 Andover Boulevard - presented a petitIon from resIdents basically along Andover Boulevard opposing the extensIon of sewer and water to the area north of Coon Creek and east of Crosstown Boulevard. He stated the petItIon was taken around on short notice, stating they could get many more signatures if there was more time. He stated they will also present a copy of the petition to the school board and to the Metropolitan Council. Ernie Trettel - owns 30 acres on Andover Boulevard, 10 on the south side and 20 on the north. He is aJso opposed to ever beIng assessed a trunk char:ge. He felt he wouldn't ever have a need for it and doesn't have a benefit fr:om it as long as he continues his operations as he plans to. He also didn't feel his pr:operty wouJd be worth $50,000 more when he Is assessed for the tr:unk line. Those benefitting will be the developer:s, suggesting the assessment formula be changed to a per household char:ge and Jower the per acre charge so the deveJopers pay for the line. He also asked why the ar:eas such as Evergreen Estates have been totally exempted fr:om the tr:unk charge, feeling they should pay a portion of the costs since they wilJ benefit fr:om the new development because of higher: property values, shopping centers, etc. Mr. Trettel aJso asked what recourse he has If he opposes thIs. Mr. Burke reviewed the legaJ remedies residents have thr:ough the court system, advIsIng he should contact his own attorney in such a matter. Mayor Wlndschitl also explained under the pr:oposal, the first time he could be assessed for the sewer trunk would be 1995; but another hearIng would be held fIrst before any assessment wouJd be levIed against his property. Counc I J discussion with Mr. TrettJe was this has been an attempt to mInimize the effect the impact this has on people I ike him. Conslder:ation to levy the assessment before 1995 would not be done unJess those affected petItIoned for it. And to honor the petition, capacity would have to be traded from some other area or request the Metropolitan Council for addl t! ona I capacity. -- ._--~_. Regular City Council Meeting February 17, 1987 - Minutes Page 2 (ResIdent Forum, Continued) The intent Is also that sewer would not be available to that area before 1995. Counc i I also explained most citIes Just levy a blanket assessment, but Andover has attempted to meet the needs of its residents. The Andover Boulevard area is surrounded by requests for munIcipal sewer and water, yet the Counc i I has been sympathetic to the hobby farmers there and delayed any possible assessment to them for at least eight years. FInally, the Counc II explained how the assessment policy and per-acre charge was initially developed so everyone utlimately pays the same costs for the sewer facilities. Mr. Trettel - dId not object to providing sewer to the developers if they pay for it. But he cannot afford the $50,000 for area charge plus another $40,000 for laterals. Mayor Wlndschltl explained that the lateral charge normally accrues when people develop their property. Curt Steffenson. 15411 Nlqhtenqale - stated at the first meeting he stated he did not want sewer until beyond the year 2000. He wants to change that to 1988 - 1990. Counc i I noted it would be more appropriate for the years 1990-1995, which is the same for the property adjoining his. This was discussed again later in the evening under the agenda Item of Comprehensive Sewer Stating Plan. AGENDA APPROVAL It was suggested the following items be added to the Agenda: Item 4J, Shopping Center (Final Bond Sale Date, Restaurant, and Day Care Center) ; 4k, Computer; and Update on Ham Lake WInter FestIval at 9 o'clock. MOTION by Knight, Seconded by Elling, to approve the Agenda as amended. Motion carrIed unanimously. WINSLOW HILLS SKETCH PLAN Counc I I generally felt the cuI de sacs within the sketch plan should be determined Individually whether or not they should be allowed, noting staff's proposal for possibly elIminatIng all cuI de sac. Gary Gorham, Gorham BuIlders, and Winslow Holasek, the developer, were present. Mr. Gorham stated there will be approximately 400 lots proposed to be developed in about four phases. He said from a development standpoint, cuI de sacs are desIrable and are what the people want. They would not object to elimInating the three cuI de sacs of 152nd Lane, 151st, and Zenia as suggested by the staff. Regular CIty Council MeetIng February 17, 1987 - Minutes Page 3 (Winslow Hills Sketch Plan, Continued) They oppose eliminating 152nd going west toward the commercial area and Drake goIng north on 150th Lane. He felt connecting those two cuI de sacs would result in a traffic problem in the future by usIng that cIty street as a cutoff between Hanson and Crosstown Boulevards. They would have no problem matching Bluebird with 152nd Lane north of Crosstown. . Councl I agreed wIth the staff recommendation to provide the ability to enter the commercial arcas Internally. Mr. Gorham stated the larger lots to the north were submitted with the thinking if the area directly to the north develops, somethIng could be worked out for this area at the same time. Mr. Holasek stated that would be the last phase, notIng other arrangements possible for the street location or lot configuratIons on the lots north of Crosstown Boulevard. He also noted that area Is not owned by him. Counc i I stated the owner's name should appear on the plat. Counc II then reviewed the cuI de sacs and agreed to the followIng: 152nd to the east should either extend eastward to Unity or southerly: 151st and Xeon to remain cuI de sacs due to the topography; that Xeon would not extend to the south to the exception; that the developers are to look at possIbilities for connecting two or all three of the cuI de sacs of Flamingo, Eagle, and Drake; that 149th would not tie into Hanson Bouelvard but should be extended eastward to the exception: that the cuI de sacs of 152nd and Drake by the commercIal area would remain; that Bluebird, 151st, and Xenia in the center of the plat would be elimInated as proposed by staff, and the cuI de sac of Albetross would remain but should be renamed. Mr. Gorham asked about an entrance sign to the development. Counc i I suggested a sketch be proposed for consIderation. Mayor Windschitl also stated they have been requirIng bermlng and/or fencing along back yards of lots abutting commercIal areas. With the changes dIscussed, the Counc II generally agreed with the sketch plan and advIsed the developers to proceed through the Planning and ZonIng CommissIon. ROUND BARN SPECIAL USE PERMIT MOTION by Orttel, Seconded by Knight, a Resolution approving a Special Use Permit requested by George Adolfson to operate an antique and gIft business known as the Round Barn located at 3331 Bunker Lake Boulevard NW, as prepared. DISCUSSION: Regular City Council Meeting February 17, 1987 - Minutes Page 4 (Round Ba~n Special Use Permit, ContInued) Sandv Mv~~e. operator of the Round Barn - asked If they would be able to expand thei~ business given the conditions of the permi t. They are considering an expansIon if busIness wa~rants. Also, they may want to expand their hou~s of ope~atlon. Counc I I dIscussed the hou~s of operation and agreed it would not be necessa~y to state them in the permIt. They also advised if there is a desIre to Increase floor space, they would have to come to the City requesting an amended Special Use Permit. CouncIlman Orttel Changed the Motion to: Item 6, referrIng to hours of operatIon be deJeted from the ResolutIon. Second Stands. (See Resolution R023-87) MotIon ca~ried unanimously. JUNKYARD LICENSE RENEWALS MOTION by Orttel, Seconded by Knight, that we renew licenses for ATV Salvage, Bob's Auto Parts, Rite Away Auto Salvage, CommercIal Auto Parts, and Anoka Auto W~ecklng by legal description of those propertIes fo~ 1987. Motion car~ied unanImously. Because Andove~ Auto Pa~ts is not in compliance wIth the o~dinances, it was agreed to ~efe~ It to the Atto~ney for legal action. MOTION by Orttel, Seconded by EllIng, that we subml t the matter of Andover Auto Parts noncompliance with the Junkyard Ordinance to the City Attorney for action of revocation. Motion carried unanimously. COMMERCIAL BUILDING ORDINANCE MOTION by Knight, Seconded by Orttel, Ordinance 78, an OrdInance ~elatlng to commercial building const~uctlon and setting forth standards and regulatIons within the City of Andover as presented with the change In Section II, A, " All buildings wIthIn this distrIct shal I be of mason~y const~uction, Its equIvalent or better. Upon approval of the Review Committee, wood frame may be considered as equivalent to masonry. Walls of such buildings...." VOTE ON MOTION: YES-Knight, Lachlnski, Orttel, Wlndschitl; PRESENT- Elling as he feels some of the items are already included In other ordinances. Motion carried. BATSON'S INDUSTRIAL PARK PRELIMINARY PLAT Chai~man Apel stated the PlannIng Commission recommends varIances be given fo~ the sIzes of Lots 1 and 2 because of the area that has to be dedicated off the property for the County Highway. The County Is [ Regular City Council Meeting February 17, 1987 - Minutes Page 5 (Batson's Industrial Park Preliminary Plat, Continued) requesting 17 feet of easement; and If the City desires to provide for a future sidewalk, an additional 10 feet should be dedicated. William Batson - stated the County wants 5,610.3 square feet; and if the City wants another 10 feet, it means an additional 3,740.2 square feet, which totals about 9 percent of the property that he has to give away. Plus he must make a dedication for parks. First the Park Board told him it would be $10,800; then they called him to say It was $1,300. He complained of the great number of times he's been before the Counc il and other Commissions on this matter. Counc II noted the dedications, both park and easements, are the same as for any other developer. Counc i I also noted TKDA is preparing a development plan for the tax increment financing district of which this is a part. The City has not yet seen that plan, but a special meeting for February 26 has been scheduled for that item. The question was how any future road layouts relate to this property and where easements should be dedIcated for those roadways. Mr. Batson - stated it gets to the point where it is not feasible to plat i t i f so much land must be given away for easements. He stated if the City wants to buy It, make hIm an offer. He stated every time he comes in, something else is wanted of him; stating pretty soon he won't have anything left. He stated he has been to the City at least 11 times on this item. Chairman Apel noted he originally trIed to divide It by lot sp Ii t, but he was told he would have to plat the property Instead. There was also a change in it because of the County requirements which they received in December. Counc II recalled this was only the second time before the Council, the first being for the sketch plan. Counc i I also felt it would not be wise to approve this plat until the overa I I development plan for the area being prepared is reviewed, suggestIng the possibility of tabling thIs until the March 3 meeting, At this point Mr. Batson left the meeting. Counc il asked the Staff to determine if the time had elapsed such that action must be taken this evening. ThIs item was discussed again later in the meeting. RESIDENT UPDATE - HAM LAKE MINNESOTA VIKINGS WINTER FESTIVAL Ron FerTis, Co-Chairman of the group opposing the Minnesota Vikings Festival in Ham Lake, addressed the Council regarding events that have taken place to date in their efforts to talk with the Ham Lake City Counci I. He explaIned their opposItion Is comprised of people from both Andover and Ham Lake, and reviewed their committee, the concerns they have about the qualifications of the developer, what they feel [ - Regular CIty Council Meeting February 17, 1987 - Minutes Page 6 (Resident Update - Ham Lake Winter Festival, ContInued) were misrepresentations by the developer, the expansIon of the area of the permit between the pUblic hearing and Council action, the effect of the event on public safety, the lowerIng of property values, the potential Increase In crime In the area, the inability of the area to accommodate the traffic, etc. MI'. FerI'is also reviewed conversations and meetings wIth the Ham Lake Mayor and councilmembers, and the frustratIons of not being able to address the Ham Lake CouncIl at an open meeting. He stated every meetIng the Ham Lake Council has had on this Item has been closed to publIc Input, and I'eported that CouncIl has also cancelled the February 18 meeting they had specifically set foI' resident Input on this matter. MI'. Ferris pI'ovlded the Council with copIes of the plan foI' the festival, the letter send to all Ham Lake residents by the Ham Lake Council, and a copy If the new rules regarding attendance at Ham Lake Council meetings. He stated they are not asking for anything of the Andover Council otheI' than support In any way they can. But they feel that unless they continue to oppose this event, it wi I I open again. Dick Jeffers, the other co-chaiI' of the group opposing the festival, also brIefly addressed the CouncIl on this issue, thanking the Council for the ability to express theiI' concerns. Counc i I recessed at 9:35¡ reconvened at 9:50 p.m. WOODLAND ESTATES DISCUSSION Sylvia Britton and Byron Westlund of Woodland Development were pI'esent. Ms. Britton stated they have not yet named the proposed development whIch Is for approximately 232 homes on the Adolfson pI'operty north of BunkeI' Lake Boulevard wIth a commercIal area In the fI'ont. Counc I I directed the developers to look at providing an outlet to South Coon Creek DrIve from the northern end of the development, suggesting It be placed as far from the bridge as possible. DiscussIon was on the exceptIon in the northeastern portion of the property. Mr. Westlund noted It is about 35 aCI'es of low property. There has been some consIderatIon of developing a golf course on that area, but a mInimum of 50 acres Is needed for an 18-hole golf course. Counc i I generally had no other problems with the sketch plan, dlI'ectlng that It now proceed through the Planning Commission. I Regular City Council Meeting February 17. 1987 - Minutes Page 7 ~kLC WORKS/PURCHASE HYDRAULIC TRUCK CONVEYOR MOTION by Orttel, Seconded by Lachinskl, that we approve the purchase of a hydraulic truck conveyor Model 1200 at a cost of $4,300 and authorize an additional $320 to add the hydraulic cylinder and hose to operate the feed gate. Motion carried unanImously. ORDINANCE 47A AMENDMENT MOTION by Orttel, Seconded by KnIght, OrdInance 47B, an Ordinance amending Ordinance No. 47A, that the City Council of the city of Andover does hereby ordaIn: OrdInance No. 47A Is hereby amended as follows: Section 2.12, C. Red Oaks West Park wil] be open from sunrise to 10:00 p.m. DISCUSSION: Councilman Elling said the change only closes the park one hour earlier, questioning whether that will help the problem the residents are having in that area. VOTE ON MOTION: YES-Knight, Lachinski, Orttel, Wlndschitl; PRESENT- Ell ing. MotIon carried. ANDOVER VOLUNTEER FIRE DEPARTMENT Fire Chief Bob Palmer felt they do need another phone I ine Into the Fire Station, though that item was taken out of the budget. Mr. Schrantz has told him they will probably need all the lines that are available at the City Hall. He stated it would be $763 for the first year to run a new line to the Fire Station, which includes Installation. He doesn't have a problem running a line from the CIty Hall if it can be done. Mayor Windschltl questioned why a line from the CIty Hall cannot be run over there sInce most of the use by the Fire Department will not be when it Is needed at the city offices. He dIdn't feel there would be a lot of costs associated with that alternative. Counc II dIscussed the possibilities of providIng another phone line to the Fire StatIon. Councilman Elling stated he would work with Mr. Schrantz to check Into specIfic costs for extending another I ine from the city offices versus adding a new line. Chief Palmer explained the Fire Department By-Laws are in vIolation of the state law because it limits the membership by corporate boundary rather than by response time to the station, noting the City Attorney's interpretation of the state law. The membership of the department had the opportunity to change the By-Laws but did not do so, which means they eVidently did not want It changed from the corporate boundary. Also, theIr By-Laws allow for a change In them only once a year, which was done in January. ¡ Regular CIty CouncIl MeetIng February 17, 1987 - MInutes Page 8 (AVFD, Continued> Chief Palmer also explained they drove the Ilmi ts of the Ci ty to determine maximum response tIme. It takes 11 mInutes from the farthest point to respond to the Fire Station, and that Is what had been recommended to the membership. Counc i I discussed the problem notIng their reluctance to interfer with the internal affairs of the Fire Department but recognizing the By-Laws must be brought Into conformance wIth the state law. They also felt the response time should be a recommendation from the Department, not set by the Council. It was agreed the ChIef should check with the CIty Attorney as to possible provIsions to bring their By-Laws Into comp Ii ance, and also ask the members to once more consIder a change in the By-Laws to reflect state law. If the members will not change the By-Laws, the CouncIl stated then they wi II take action on It. MOTION by Knight, Seconded by Lachinski, that we refer the issue back to the Fire Department, asking them to bring the By-Laws into compliance in regard to membership. Motion carried unanimously. BATSON'S INDUSTRIAL PARK PRELIMINARY PLAT. CONTINUED Staff thought the public hearing was closed on December 9, though the applicant had requested a postponement once. Counc II raised some concerns about the configuration of the lot lines In the plat, that such gerlmandering of lot lines would not be allowed in any other plat, that any increase In the amount of land for the Junkyard operation as a result of this plat would not be allowed, that the logical split of the three lots would be directly north and south, that the easements are not shown on the plat as required, that there Is enough property so variances on lot sizes should not be needed because of right-of-way dedications, and that easement for a frontage road along Bunker Lake Boulevard was requIred for the PankonIn Addition Just east of this one and should be considered in this instance as well to be consistent along Bunker Lake Boulevard. MOTION by Lachinski, Seconded by Orttel, that we refer the Batson Industrial Park back to the P & Z for the following reasons: to eliminate the need for varIances due to Increased easements, also to consider easement for road purposes for future subdivision, to be sure the acreage for the Junkyard operation Is not increased as a result of this plat, and to show the dedIcatIon for easements. DISCUSS ION : Counc II also asked that the Planning Commission consider requIring dedication for a service road along Bunker Lake Boulevard as was required in the PankonIn AddItIon. MotIon carrIed unanImously. I. Regular City Council Meeting Feb~uary 17, 1987 - Minutes Page 9 FINAL APPROVAL OF COMPREHENSIVE SEWER STAGING PLAN Council agreed to change the Steffenson property off Nightengale to the 1990-1995 time frame as requested earlie~ this evening. Councilman Orttel also questioned Including the City p~ope~ty. It will only be developed as atheltic fields, so the residents should not have to pay an assessment for services that will not be utilized. And that capacity could be added elsewhere. After furthe~ discussion, i t was agreed to leave it in, ~ecognizing It could be traded if other areas need the capacity In the future. Discussion was on the time frame for the Oak Bluff development. Three houses are built on the 26 Jots. Council debated whether utilities should be put in now before the ~emainlng lots are built on, ~ecognizing that may p~event the sale of some Jots In the Immediate future until the utilities are in; or to leave It In the 1995-2000 time frame and have the decision of bringing in the utilities made at that time, recognizing it would then be developed by incu~ring the costs of p~ivate septic systems and weJls. It was finally agreed the area assessment charge should be levied in the 1987-1990 tIme frame. WInslow HoJasek - asked that hIs property directly across from the proposed school site be in the 1987 time frame to accommodate hIs development. CouncIl agreed to Include approximately 40 acres In the 1987 tIme frame whIch would allow for development of his first phase. Discussion was then on the request by Chuck Cook fo~ his property between the Oak Bluff development and Hanson Boulevard. Council agreed to Include that area In the 1987 tIme f~ame as well. M911QN by Orttel, Seconded by Lachinski, that the property known as Oak Bluff Estates be included In the 1987 Improvement area wIth the Intent of holding a publIc hearing to assess area charges In 1987 for sewer and water. DISCUSSION: Council acknowledged the other areas of Holasek and Cook will requi~e publIc hearings as well. Motion carrIed unanimously. Bill HuPP. Andove~ Bouleva~d - requested the portIon of hIs p~operty which includes the house be put in an earlier time frame. It Is in the 1995-2000 perIod now. Council ag~eed to place it In the 1988-1990 time f~ame, whIch is the same as the prope~ty to the west. The southern bounda~y would be the same as the p~operty to the west, with the lowland behind it remainIng in the 1995-2000 period. MOTION by Knight, Seconded by Lachlnskl, a ResolutIon app~ovlng Andover's sanitary sewer stagIng plan to the year 2000 as presented and amended he~e tonIght. (See ResolutIon R024-87) MotIon carried unanimously. I Regular City Council MeetIng February 17, 1987 - Minutes Page 10 SET SPECIAL MEETING MOTION by Orttel, Seconded by Lachinski, that we meet February 19 to complete our Agenda. Motion carried unanimously. miQf:'PING CENTER - FINAL_!i..OND SALE/RESTAURANT/DAY CARE CENTER Mayor Windschitl reported a letter of Intent has been signed for a well-known restaurant in the Downtown Shopping Center. He asked for direction in the interpretation of the lIquor ordinance regarding the separation of the sale of liquor from a church. Attorney Burke stated the ordinance reads 400 feet from any church sanctuary, After some dIscussion, Counc i I dIrected the measurements should be from the door of the church to the door of the restaurant. Mayor Wlndschitl also reported there is an interest In establishing a day care center in the new shopping center; however, the ordinance does not allow them In shopping malls. He suggested the Planning CommissIon review this Item. MOTION by Lachinski, Seconded by Elling, to refer the issue of whether day care centers should be allowed in shoppIng center distrIcts to the P & Z. Motion carried unanimously. Mayor Windschitl stated the tentatIve date for the bond sale for the shopping center has been set for February 24. Counc i I agreed to discuss it on the 26th, as a specIal meeting has already been set for that date. MOTION by Lachlnski, Seconded by Orttel, that we set February 26 as the tentative meeting for the bond sale for the shopping center. MotIon carrIed unanimously. COMPUTER CouncIlman Lachlnskl stated he hil~ reGe~rched the announcement on the new computer equIpment, statIng It is less expensive but does not have the same capacity nor can it have as many terminals as what was quoted. Counc i I then agreed to award the bid to AmeriData, the apparent low bidder for a computer system for the city offIces, excluding the equipment for water meter reading. MOTION by Lachinskl, Seconded by EllIng, to enter into an agreement wIth AmeriData with the exceptIon of the specIal equIpment for automated meter reading at this time. Motion carried unanimously. The meetIng was adjourned to Thursday, February 19, 1987. 11 :27 p.m. ~::;!UII d'L éV<~ Ma e I I a A. RecordIng Secretary