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HomeMy WebLinkAboutCC May 4, 1993 ~ CITY of ANDOVER Regular City Council Meeting - May 4, 1993 7:30 P.M. - Call to Order Resident Forum Agenda Approval Approval of Minutes Sheriff Wilkinson Discussion Items 1. Public Hearing/91-16/1S9th Avenue N.W. 2. Public Hearing/91-S/Njordmark-Dale 3. Review Winslow Hills (3rd) Revised Sketch plan 4 . Review Hills of Bunker 5th Sketch plan 5. Review uptown Construction Sketch Plan/14114 Round Lake Blvd. 6. Review Emerald Glen sketch plan 7. Special Use Permit/16S26 Hanson Blvd./Home Occupation 8. Special Use Permit/14817 Round Lake Boulevard 9 . Metropolitan Council Discussion Staff, Committee, Commissions 10. Approve Revised Plans/91-28 1l. Approve Easement/Bunker Lake Boulevard 12. Trunk Sewer Discussion 13. Deferred Assessment/Hurst 14. Newsletter Discussion Non-Discussion Items 15. Approve Final Plat/Weybridge 3rd Addi tion 16. Approve Plans & Specs/92-19/Weybridge 3rd 17. Approve Final payment/91-14/168th Lane N.W. 18. Approve Easement/173rd Lane N.W. 19. Approve Liquor License/Andover Lions Club Mayor-Council Input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING - MAY 4, 1993 TABLE OF CONTENTS AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 SHERIFF WILKINSON ANNUAL REPORT . · · · · · · · · · · · · · · · · 1 PUBLIC HEARING: IP9l-16/l59TH AVENUE NW . . . · · · · · · · · · 2 Resolution R090-93 ordering the improvement · · · · · · · · 5 PUBLIC HEARING: IP9l-5, NJORDMARK-DALE · · · · · · · · · · · · · 5 Motion to table · · · · · · · · · · · · · · · · · · · · · 7 REVISED PLANS/IP91-28 · · · · · · · · · · · · · · · · · · · · · · 7 Motion to approve County Option Zero · · · · · · · · · · · · 8 Amendment to Motion to continue negotiations with residents 8 REVIEW WINSLOW HILLS 3RD REVISED SKETCH PLAN · · · · · · · · · · 8 REVIEW HILLS OF BUNKER 5TH SKETCH PLAN · · · · · · · · · · · · · 9 REVIEW UPTOWN CONSTRUCTION SKETCH PLAN/14114 ROUND LAKE BOULEVARD 10 REVIEW EMERALD GLEN SKETCH PLAN . · · · · · · · · · · · · · · · · 11 SPECIAL USE PERMIT/16526 HANSON BOULEVARD/HOME OCCUPATION Resolution R091-93 granting the permit . · · · · · · · · · · 12 SPECIAL USE PERMIT/14817 ROUND LAKE BOULEVARD/COMMERCIAL GREENHOUSE Resolution R092-93 granting the permit . · · · · · · · · · · 13 METROPOLITAN COUNCIL DISCUSSION . · · · · · · · · · · · · · · · · 13 EASEMENT/BUNKER LAKE BOULEVARD Motion to approve · · · · · · · · · · · · · · · · · · · · · 13 TRUNK SEWER DISCUSSION Motion to do feasibility study/extension through Park · · · 13 DEFERRED ASSESSMENT/HURST Resolution R093-93 granting the deferments · · · · · · · · · 14 NEWSLETTER DISCUSSION Motion to table · · · · · · · · · · · · · · · · · · · · · · 14 FINAL PLAT/WEYBRIDGE 3RD ADDITION Resolution R094-93 to approve the final plat · · · · · · · · 14 NON-DISCUSSION ITEMS Resolution R095-93 approving plans and specs/IP92-19 · · · · 14 Resolution R096-93 approving final payment/IP9l-14 · · · · · 14 Approve easement/173rd Lane NW (Malek) · · · · · · · · · · · 14 LIQUOR LICENSE/ANDOVER LIONS CLUB Motion to approve license for May 23 and 23 · · · · · · · · 14 MAYOR AND COUNCIL INPUT City Administrator . · · · · · · · · · · · · · · · · · · · 14 Sewer and Water Inspections Motion to authorize hiring of temporary-full-time employee/Public Works · · · · · · · · · · · · · · 15 Tree Protection Plan Fee Motion to approve $50 fee · · · · · · · · · · · · · · 15 Golf Tournament at Season's Golf Course · · · · · · · · · · 15 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · 15 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · 15 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 4, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on May 4, 1993, 7:30p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson BRA Engineer, Shawn Gustafson City Planner, Dave Carlberg Assistant City Engineer, Todd Haas City Clerk, Victoria Volk Others AGENDA APPROVAL MOTION by Perry, Seconded by Jacobson, approve the Agenda as presented. Motion car'ried unanimously. APPROVAL OF MINUTES April 20, 1993: Correct as written. MOTION by Jacobson, Seconded by Perry, to approve the Minutes. Motion carried unanimously. SHERIFF WILKINSON ANNUAL REPORT Sheriff Ken Wilkinson addressed the Council on the annual report of activities in the City. Since May, 1992, there have been no alarming crime trends within the City. Burglary has remained constant, but criminal sexual assaults have increased from 21 to 38 reports between 1991 and 1992, a trend that is appearing county wide. There has also been increased activities in the area of drug enforcement in Andover, from 5 arrests in 1991 to 15 in 1992. This is due to the increased emphasis of the Department in that area. The number of calls responded to also increased significantly over the previous three years. Sheriff Wilkinson also noted the continued DARE programs in the elementary school and the new IIAre You OK" program now being implemented. That computer-assisted program is primarily for senior citizens or shut-ins who will be called at a particular time daily. If there is no answer, it is assumed something is wrong. The Sheriff Department has also begun the CAT program, or Catch Auto Thieves. People can sign up for it and place a decal on the vehicle. If the vehicle is seen between 1 a.m. and 5 a.m., it is automatically assumed it is stolen. The Council thanked Sheriff Wilkinson and noted there have been no unfavorable complaints over the past year. JYY\~~ 6Y\ s-j/$j1'J - -- Regular Andover City Council Meeting Minutes - May 4, 1993 Page 2 PUBLIC HEARING: IP91-16/159TH AVENUE NW 7:45 p.m. Mr. Gustafson explained the proposal for the improvement of l59th Avenue NW from Marystone Boulevard to the Rum River is an update of the study done in 1991. The drainage generally runs toward the Rum River and will remain basically the same for the project. The improvement project would grade the existing roadway, place a gravel base and two inches of bituminous surfacing with a four-inch bituminous berm curb. They will try to maintain the five-foot side boulevards. The boulevards would be restored with top soil and seeded. The alignment will remain the same as it is now. The cost is estimated to be $5,600 for each of the 15 buildable lots in the project. That also includes a bituminous apron to the driveway and culverts under the driveways. Mayor MCKelvey noted the petition before the Council indicates 8 in favor, 4 no, 2 indicating no but without an address so they were considered unavailable, and 1 other unavailable parcel. The hearing was opened for public testimony. Rossevelt Gaines, 4877 159th Avenue - stated his name did not have an address. He votes no. Gordon Kliber, 4815 159th Ave. - didn't sign the petition. He votes no. - Dave Deroy~ 4820 ~59th Avenue - stated he votes no. His address was not on the petition. Mayor McKelvey stated the petition is now at 8 in favor, 7 opposed. A resident felt. the petition did not represent the project as it is being presented. The petition said 10 to 15 years of financing. The letter said five years. He also asked about the prices of the project. Mayor McKelvey noted the Council can set the assessment for ten years if the residents desire, but it is rarely set beyond ten years. Mr. Gustafson stated the prices have been updated to current costs. If the bids come in five percent over this estimate, the residents will be asked to come back to determine if they still wish to proceed. Jim Evertz, 4915 159th Avenue - stated his property has a lot of frontage, but because of the wetland along the front and the location of the house, it is not possible to build another house on it. He did not feel he was getting the benefit of two lots and that he should only be assessed for one lot. Mr. Haas stated in looking at the aerial maps, it appears possible to subdivide the lot for another building site, even if the driveway must be placed such to avoid the wetland area. The City's policy is to assess for the number of buildable lots possible. Lucy Gaines, 4877 l59th Avenue - did not like the idea of culverts across the driveways. She stated in looking at other neighborhoods, they are not maintained, then become unsightly and devalue the property. She was also concerned about the water running to the low area on their property and its effect on their septic tank. She asked how the City Regular Andover City Council Meeting Minutes - May 4, 1993 Page 3 (Public Hearing: IP91-16/159th Avenue NW, Continued) will address that. Does it amount to a taking of property to run all the drainage to their low area in their front yard? will they be compensated for that property? Mr. Gustafson stated the City's policy in the rural area is not to do a drainage project, only street surfacing. They are not changing any drainage. That area currently receives the runoff. There will be slightly more because of the hard surfacing of the road, but there is a lot of area there. Ms. Gaines - argued without the berm on the road, the water would not be directed to their property. She asked why the roads cannot be done without the berm and just allow the water to flow to the sides as is done in the area immediately to their east. Mr. Gustafson reviewed the City's street standards, which have changed since the neighboring area was done. The berms are used to prevent the road from breaking up. Without them, a rural section would be needed, which requires two-foot ditches on both sides. In this case, that would be more disruptive to the area. There is no compensation to the property owners involved for easements. Attorney Hawkins explained that because the policy is not to affect the drainage, that the volume of water will not expand beyond the natural drainage, the City has the legal right to follow the natural drainage. Mr. Haas also noted that when a nearby development was done, the water table was 15 to 20 feet below the existing surface, and the river is 15 feet below the road. That same assumption can be made in this case. It is expected the water will percolate at a good rate along the sides of the road. Mr. Haas also stated the City will work with the Gaines to be sure their septic system is not impacted. Diane Kinnan, 4892 159th Avenue - didn't want a culvert in her front yard. She has contacted the DNR to understand the drainage, who said the drainage isn't that much different on a tar road. She didn' t understand the need for the culverts. Mr. Gustafson explained the culverts are in the City's right of way to protect the road. It allows the water to follow under the road instead of over it. There may be a little more water on the side with the tarred road. Lee Kinnan - stated the development east of Marystone does not have a berm, plus most of 159th east to Seventh Avenue is without a berm. Mr. Haas explained that was done in the late 1970's. The berm is now used to keep the blacktop from breaking off. Mark Livinqston, 4860 l59th Avenue - didn't think the culverts proposed across l59th Avenue were necessary except at the corner by the Conway property, as that is where there is a drainage problem. East of that the road is flat. They do not have a severe drainage problem and they don't need any culverts. He felt the project costs could be reduced by eliminating them. There is a natural drainage to the Evertz property in the spring of the year. If it is left natural, there will be no problem. He'd like to have someone come out to look at the project with the neighbors to discuss what can be done to reduce the costs. The Council agreed they were not willing to change the City's road standards, as these standards have been developed to provide a roadway that will last for the residents. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 4 (Public Hearing: IP91-16/159th Avenue NW, Continued) Another resident felt there should be a cuI de sac on the top of the hill by Galvin's across from Iverson's, because that is where the school buses turn around. Jim Renner, 4938 159th Avenue - asked if this project could be done with the one next on the agenda. Mr. Gustafson hoped that both projects could be bid together to get a discount in quantity prices. Mr. Gaines - stated the petition calls for the price not to exceed $5,600. He questioned if it is a legal petition if the cost is more. Is the Council still telling them it can go up to 5 percent more? Mayor McKelvey explained the policy has been to notify the residents if the prices exceed 5 percent of the estimate. Mr. Gustafson stated they will remove some culverts from the project if they can. But that is only a small cost; 75 percent of the project is for the bituminous and gravel. Gordv Enqles, 5183 159th Avenue - is in favor of the road, but would like to see the payments extended to ten years. Mayor McKelvey didn't think the Council had a problem with that. Mr. Kinnan - asked for clarification of the 5 percent policy. will they have to re-petition? Council explained the policy. There was also some discussion on the petitioning process and the wording of the petition. The Council noted they do not initiate the petitions. Mr. Evertz - asked if it is true that the City will be requiring all dirt roads to be paved because of the maintenance issue. Mayor McKelvey stated that has not been discussed, though the City's grader is getting old and at some point a decision will need to be made as to whether to invest in another one or to require that all dirt roads be paved. At this point, such improvements have been at the request of the residents. Mr. Gaines - asked about posting a speed limit, feeling some type of speed restrictions are needed. The speed of 30 mph is posted at the end of the existing blacktop. Council explained the City cannot set the speed limits, but at some point a speed study can be requested. Mr. Haas stated he will check into whether a speed study has been done for that portion of the road. Mr. Ga~nes - asked if any trees will be taken down for the project, and who is responsible for the road if it does get damaged. Mr. Gustafson didn't think any trees would need to be removed. Mr. Haas explained the City has a one-year warranty on the project from the contractor. After that, it is normal City maintenance. Mr. Kliber - stated he owns property on both sides of the road, as his property line extends about 10 feet to the south of 159th on which he has been paying taxes. He suggested a ditch be constructed along the southern side of 159th. What can be done about his having to pay taxes on that side of the road. Mr. Haas suggested he deed that portion to the property owner on that side of the road. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 5 (Public Hearing: IP91-16/159th Avenue NW, Continued) Mr. Kliber - noted the maintenance will have to be done on the other dirt road in the area, so it could just as well be done to l59th. Mr. Kinnan - asked if there is any compensation for those people who will be affected by the culverts. Is a discount given to those lots? Some lots are impacted more than others. Mr. Gustafson explained all lots are treated the same. The water drains in that area naturally now. To do a storm water drainage project would be very expensive. The property owners just want the road. Mr. Hawkins explained the culvert is going in the City's right of way, and the City has the right to run water through it according to the laws in the State of Minnesota. Mr. LivinGston - stated they don't need a culvert there. He asked if the engineers would be willing to meet with him and some of the neighbors on site to discuss the drainage. Both Mr. Haas and Mr. Gustafson agreed. Mr. Gaines - stated the culverts on l59th and Potowatomi are in horrible shape. With the last three days of rain, no water is running through them. They have been bent by snowmobilers. Will these culverts be maintained? Mr. Haas asked that when the culverts get plugged, contact the City to have them cleaned. If they become damaged, the City will replace them at the City's expense. The Council again noted a majority of the residents in favor. MOTION by Perry, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. MOTION by Jacobson, Seconded by Dalien, the Resolution ordering the improvement of streets, Project No. 91-16 along 159th Avenue NW between Marystone Boulevard and the Rum River, and suggest extending the five- year assessment period to ten years. (See Resolution R090-93) Motion carried unanimously. 8:39 p.m. PUBLIC HEARING: IP91-5, NJORDMARK-DALE 8:39 p.m. Mayor McKelvey noted the City has received a petition with 15 signatures to hold a public hearing regarding the street improvement project for Njordmark-Dale and 178th Lane NW east of Tulip Street NW. Mr. Gustafson reviewed the proposed project in which the gravel portion would be graded and an aggregate base and bituminous added and the existing pavement in the Njordmark Dale Addition would be rotomilled and overlayed with bituminous. No work in the ditches would be done in the Njordmark Dale Addition other than bringing in two inches of topsoil and seeding. The end of Orchid will be constructed as it now exists. The drainage along 178th Lane is proposed to go where it does now. The estimated cost will be $3,900 for each of the 18 affected lot. The hearing was opened for public testimony. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 6 (Public Hearing: IP91-5/Njordmark-Dale, Continued) Tom Acker, 3561 178th Lane - asked about the ditching at Tulip. He didn't feel one is needed or is able to be put in at that location. Mr. Gustafson said if the county wants one there, it should be done as a part of the project. If it isn't needed, it will not be put in. Mr. Acker - explained when it rains, a river comes down the road to a low area in front of the Points' lot. What will keep the water from undercutting the pavement? Mr. Gustafson explained the water will follow the curb and down the gutter line. Mr. Acker - stated it runs down the side of the yard. His driveway is washed out already. In the spring, the driveway of the Points' is always under water, and water does build up during heavy rains. If curbs are put in, he felt the problem will get much worse since more water will be directed to that area at a faster rate. Mr. Gustafson explained water will still be there, and the only way to solve the problem would be to put in drainage pipe which would really escalate the price. It is really the same drainage area. They can calculate the volume of water to that area during a rainfall. This road standard fits in very well with the existing road and yards. If ditches were constructed, it would be very disruptive to the yards. 11r. Acker - asked if the road will be straightened out. Mr. Gustafson stated they haven't gotten to that detail yet. If it can be straightened without disrupting the adjoining properties, they will. But chances are they will more likely follow the road as it is laid out now. Mr. Acker - because it costs the City money to maintain this road, he didn't understand why the City cannot contribute toward some of the cost of the project. It is being used as a through street from CoRd 9 to CoRd 58 now. The City paid for l73rd because it was a through street, and he asked why this couldn't be considered a through street as well. Staff and Council explained the requirements to be declared an MSA road, the design standards for them, and noted 178th Lane would not qualify unless it went directly through to CoRd 9. Otherwise the policy is that the residents pay for their own streets. Lee Carlson, 3344 178th Avenue - initiated the request. He and the residents would like to see this as one unified street, and that is why they proposed sharing equally in the costs. The streets that are paved are in poor condition, and this is a good time to get this resolved. On Sunday he talked to many of his neighbors; and seven people, including himself, are in favor of the project. He does not have that in a formal petition, but he would be willing to obtain such a petition. The Council felt it was difficult to make a decision without knowing the feelings of the residents. They preferred that Mr. Carlson petition the area to determine whether or not the residents are in favor. Joe Noonan, 17781 Orchid Street - asked if there was any discussion to extend 178th Lane east to Round Lake. He is adamantly against that. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 7 (Public Hearing: IP91-5/Njordmark-Dale, Continued) Mr. Haas stated the intent is there; but it will be up to the City Council when the property to the east is developed. All alternatives will be looked at then. Mayor McKelvey stated if the road does go through, it would be done by that developer at his expense. Mr. Acker - stated he would be in favor of the project at this time but was still concerned about flooding out the Points. Mr. Gustafson felt it may be possible to excavate an area so the storm water would be closer to the road instead of on the property. They will try to take care of that problem. Staff noted they will work with the individuals if there is a problem. Mr. Noonan - didn't feel it made sense to have one portion a rural road and another area an urban road. Mr. Gustafson stated the reason for the rural section is because of the ditches. On 178th, the road standard is based on the topography. Mr. Noonan - felt the maintenance on the roads in the past has not been good. With this additional cost to them, will it be better? Staff and Council explained the problem of limited personnel in Public Works when it comes to snow plowing. Also, the City hopes to get back on schedule with its sealcoating program. Robin Barrett, 3384 l78th Lane - asked if they will be notified of any change in costs from what they are being told tonight. Mayor McKelvey explained they will not be notified again unless the bids are five percent over the estimated amount. The final costs will be known at the assessment hearings to be held in the fall. Before making a decision, the Council preferred to have an indication of what the residents want. Mr. Carlson - stated he would petition the residents before the next meeting. MOTION by Knight, Seconded by Jacobson, to continue the hearing to the next meeting. Motion carried unanimously. Hearing is continued to May 18, 1993. 9:18 p.m. APPROVE REVISED PLANS/IP91-28 (Continued discussion from the April 29, 1993, Special City Council Meeting. ) Mayor McKelvey reported there was a meeting with neighborhood residents and others to discuss options regarding access to Grace Lutheran Church and ~o Chapman's Addition. He was not able to contact Pastor McKinley. The City Attorney has advised that this is a county project and that the City could not be included in the payment for right of way from the church. Steve McKinley, 371 l53rd Lane, Senior Pastor, Grace Lutheran Church - was sorry they were not included in the meeting about this issue. He related a conversation with someone from a neighboring community who -- Regular Andover City Council Meeting Minutes - May 4, 1993 Page 8 (Approve Revised Plans/IP91-28, Continued) indicated that councils are always hard on churches. They also have developers calling continually wanting to buy their property for commercial purposes. When he tells them of the access problems, the response is they are representing major companies with attorneys who are accustomed to dealing with these things. Because they have not been a part of the neighborhood meetings, the best he can say is to go ahead with what they recommended on April 29, that is the Option Zero. Mayor McKelvey hoped that another meeting could be scheduled with all parties to reach an amicable solution. In the mean time, he'd recommend the county proceed with Option Zero and a change order made during the project once a suitable settlement is reached. Councilmember Jacobson stated he would recommend putting the road through between Bunker Lake Boulevard and l36th Avenue. He believed when this project is completed, it will be faster to go through the signaled intersection rather than to cut through the neighborhood. Councilmembers Perry, Dalien and Knight supported the Mayor's recommendation. They felt the neighborhood should be protected and that Option Zero still provided time to reach an agreement. MOTION by Perry, Seconded by Dalien, to approve the county option plan Zero for the Bunker Lake/Round Lake Boulevard construction. AMENDMENT TO MOTION by Knight, Seconded by Dalien, to continue to see if the City can work out a solution that is acceptable to both sides. VOTE ON AMENDMENT: Carried unanimously. VOTE ON MOTION: YES-McKelvey, Dalien, Knight, Perry; NO-Jacobson. Motion carried. REVIEW WINSLOW HILLS 3RD REVISED SKETCH PLAN Mr. Haas explained the sketch plan has been revised to accommodate some wetland that has been affected by the new wetlands legislation. Also affecting this plat is the county's proposed realignment of Crosstown at the intersection of Hanson Boulevard. The proposal is to extend Bluebird to Crosstown and to make 152nd a cul de sac. The Planning Commission generally found the revised sketch plan acceptable. Discussion was on the proposed future commercial area. Council noted the Comprehensive Plan which is before the Metropolitan Council calls for a medium density zoning. Mr. Carlberg stated the question is whether the 1982 Plan must be followed, which shows this area as R-l but available for future development, or the 1990 Plan which has not yet been formally adopted but which shows a portion of the property as multiple housing. Council noted the developer should be aware that the City may not necessarily agree with the commercial zoning proposed. Council questioned whether the easement for the gas line is large enough for maintenance purposes. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 9 (Review Winslow Hills 3rd Revised Sketch Plan, Continued) Winslow Holasek - stated the easement shown Ià what the gas company requested. Councilmember Jacobson raised the issue since the area will be drastically different with urban hous~ng tha¡ß/the existing open area. Discussion was on the number of exits frorrr~hé plat. Garv Gorham, Developer - explained the area between Bluebird and Yellowpine had to be rearranged because of the wetlands. The proposal also involves a large retention area which is located in the best place possible. Under the Water Management Plan, the floor elevations of the homes must be constructed above the 100-year flood elevation, plus there will be an outlet to that pond. By avoiding the wetland, they have also created another exit out of Winslow Hills. . winslow Holasek, 1159 Andover Boulevard - stated since the sanitary sewer came in, the corner of Hanson and Crosstown Boulevards was considered commercial. The multiple density concept was something that was done with the Comprehensive Plan, and he was told that it is just a concept. They do want that amended, as no one currently wants multiples, especially those already living in Winslow Hills. He didn't think the City would want townhouses on that busy intersection. Mr. Carlberg noted the area is not zoned commercial. Mr. Gorham - understood that. He explained the reason it is shown on the plat is to inform people buying in the subdivision that that corner will not have single family homes there. Mr. Holasek - stated there are actually four exits from the entire plat. He expressed concern with the proposed realignment of CoRd 18. He reviewed the original request of the county, for which they designed their plat, and the most recent county proposal, which is asking for considerably more easement. The request is now for over 2.2 acres for easement, which he feels is an unreasonable taking. He preferred the 1987 proposed re-alignment. Attorney Hawkins advised that it is not the City's job to get involved in a controversial taking on a county project. If the county insists on the realignment, the City would like to be indemnified for any damages. This is not something the City wants; it is something the county wants. The Council had no further comments on the revised sketch plan. REVIEW HILLS OF BUNKER 5TH SKETCH PLAN Mr. Haas reviewed the sketch plan of Hills of Bunker 5th located east of the railroad tracks. It has been revised from the original to avoid the wetland area. He asked that the Council address the issue of the wetland and whether or not to extend property lines to avoid creating out lots . Anoka County will allow only one access onto Bunker Lake Boulevard because of the problem with the line of sight around the curve to prairie Road. That access will be directly across from the road to Bunker prairie Park. Another outlet will be created via l40th Lane, which is an existing dirt road going east to prairie Road. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 10 (Review Hills of Bunker 5th Sketch Plan, Continued) The Council expressed concern with only two accesses for 155 homes, one of which is only a dirt road. A suggestion was to look at the possibility of aligning the roads such to create another future access east to prairie Road between Bunker Lake Boulevard and l40th Lane. Tony Emmerich, Developer - stated a third outlet is being provided to the north when that area develops. They had originally proposed two outlets to Bunker Lake Boulevard; however, the county wouldn't accept that. The sketch plan basically follows the plan originally submitted in 1987, at which time they did look at another outlet to prairie Road. Lin Kaslow, John Holden Associates - stated in 1987 they did provide two stub roads to the east connecting to the property. At that time the City Staff did a sketch of how that property could be developed. It worked out much better for that property not to have two connections to the side of it. Council again urged something be put to the east to provide the option of an additional exit in the future, feeling there will be enough traffic to warrant it. Mr. Emmerich - agreed to look at the possibility of another road to the east as suggested by the Council. Mr. Kaslow - explained the 22-foot wide easement between the wetlands is for the storm sewer connection between the two wetlands. Mr. Haas stated if the Park Board is not interested in the wetland area as a park, they will be required to join the properties together and have drainage and utility easements. Mr. Emmerich - stated they are trying to minimize the easements needed. Some high ground area is being used for mitigation, so the wetland mitigation area is a unique area. The Council had no further comments on the sketch plan. REVIEW UPTOWN CONSTRUCTION SKETCH PLAN/14114 ROUND LAKE BOULEVARD Mr. Haas reviewed the proposed sketch plan of Uptown Construction at 14114 Round Lake Boulevard. It is already in the MUSA, and they will be working with the county so the street aligns with the one on the east side of Round Lake Boulevard. There does not appear to be any other way to develop this piece of property. Mr. Carlberg stated Staff has been working with the developer and property owner regarding the debris buried on the site. That issue will be resolved. The Council had no comments on the sketch plan. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 11 REVIEW EMERALD GLEN SKETCH PLAN Mr. Haas reviewed the proposed sketch plan of Emerald Glen located west of Jay Street on the City's southern border. It is zoned R-4 and located within the MUSA. The developer has made a proposal regarding Outlot A which the Council should discuss, as the Staff is concerned about what to. do what that outlot. Several layouts have been prepared over the last three years in an attempt to determine how the entire area can be developed. The sketch plan is very similar to a sketch drawn by the Andover Review Committee. Jerrv Windschitl, Ashford Development - provided some background on the two parcels. The southern one is owned by Jim Stanton and has been assessed almost $60,000 for storm sewer costs. He owns the northerly lot which has also been assessed for almost $30,000 in storm sewer costs. Several years ago Andover signed an agreement with Coon Rapids regarding the overall storm water drainage for this area, and that agreement indicated the City would purchase the pond in the proposed Outlot A as a part of the storm sewer system. The City needs this pond to put the storm water in, stating without it, Jay Street doesn't work. Their offer is to donate the ponding area needed as a part of their dedication, as the ordinance calls for land dedicated either for public use or for park. The other option would be for the City to buy or condemn the pond. The amount of land being proposed, 2.3 acres, is in excess of the ten percent required for park dedication, that being about 1.8 acres. If it is not taken for ponding, they are able to plat another two residential lots on the property. Mayor McKelvey stated he talked to Staff in Coon Rapids regarding this item. They are saying they have no money in their program for the purchase of this pond. They are also saying that it is up to the developer to donate the property needed for ponding as a part of the platting process. Mr. \-Hndschitl - stated from a platting standpoint, they are able to handle their own water and would not have an obligation to provide the City with a regional pond for 40 to 60 acres outside the property they own. The amount of money involved is only around $14,000. He didn't feel a park was needed in this area because a 15-acre park already exists across the street in Coon Rapids. Jim Stanton, 1926 l27th Lane, Coon Rapids - explained he was assessed $58,000 on an 8.5-acre parcel for storm sewer. He does not need additional ponding from Coon Rapids. He has already given land to the west and south as the storm system goes down, and that system in Coon Rapids works well. It is when Andover's storm water is added to the system, that the additional ponding is needed. He concurs that he has already paid for his storm sewer in both land in Coon Rapids and in assessments on this parcel, and he does not feel he should have to give any more. He felt the conflict is that he paid to get rid of his water once, and now the City is asking him to store it too. He is willing to provide the outlot, grade it, and clean it up. Regular Andover City council Meeting Minutes - May 4, 1993 Page 12 (Review Emerald Glen Sketch Plan, Continued) Mr. Davidson stated at this time they are not discharging directly into that pond for the Jay Street project. He was not sure that this pond is absolutely necessary for any development upstream. An engineering study would be needed to determine whether the flow from the east would affect the bounce on this pond or not. Because neither the Council nor Staff was familiar with the specifics of the storm sewer system for the area, it was agreed to table the item until the Coon Rapids City Manager, who is knowledgeable as to what took place with the project and the assessments, is available to review it with them. They also asked Staff to review what took place with the pond to the east when Kirby Estates was done. At this point they wanted the park dedication separated from the ponding issue. Council asked about the "eyebrows" on the two corners of the plat. Mr. Windschit~ - stated they are slightly deeper than in his Weybridge plat. They can do the same thing that was done in Weybridge, which was done the way the City wanted it. Hubert Smith, Jay Street - stated the pond in question has been totally blocked off. If that pond is not there, he was concerned that the pond behind him will exceed the 100-year flood elevation easement for which it has been designed. He agreed with Mr. Windschitl's understanding of the need for that pond and the City's agreement to purchase it at some point in time. There was no further Council comment on the sketch plan. SPECIAL USE PERMIT/16526 HANSON BOULEVARD/HOME OCCUPATION There was some concern on the part of the Council that the business is actually a manufacturing business and would be setting a precedent. Mr. Carlberg explained the ordinance is clear regarding the number of employees and many of the conditions listed are ordinance requirements. Jerry Pikus, 16526 Hanson Boulevard - stated he is down sizing his operation in Coon Rapids. They would just be doing a few small things. The molding machines cannot be heard 50 feet away from the building. This building is 1000 feet back from Hanson Boulevard surrounded by dense woods and wetlands. It is 160 feet behind his house, and the house is 850 feet from the road. MOTION by Jacobson, Seconded by Perry, the Resolution granting the Special Use Permit request of Jerome pikus to operate a home occupation in an accessory building; delete (sharpening service) and add (molding) in the first WHEREAS. (See Resolution R091-93) Motion carried unanimously. The Council requested the Planning and Zoning Commission look at this section of the ordinance again and make a recommendation as to whether or not it should be modified. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 13 SPECIAL USE PERMIT/14817 ROUND LAKE BOULEVARD The Council agreed with the Planning Commission's position that a blacktop parking lot would not be appropriate in a residential district. Jim Knoll - stated that property has been used for selling vegetables and flowers since before he bought it. On-site toilet facilities will be provided. The Special Use Permit will enable him to expand his product line into horticulture products he doesn't produce himself and extend his season. The intent is to sell horticultural items only, no landscaping items. He had no problem limiting the Resolution to that. The single most legitimate concern is the traffic. There is a turnaround in the driveway, and some trees have been trimmed for better visibility. MOTION by Knight, Seconded by Perry, the Resolution granting the Special Use Permit request of Jim and Jane Knoll to operate a commercial greenhouse; that it would be horticultural produced sales only. (See Resolution R092-93) Motion carried unanimously. METROPOLITAN COUNCIL DISCUSSION Mr. Carlberg reported the City's Minor Amendment request for 100 acres of MUSA has been placed on the Metropolitan Council's consent agenda for May 13. Efforts are also being made regarding the transportation study for Highway 10. No Council action was taken. APPROVE EASEMENT/BUNKER LAKE BOULEVARD MOTION by Knight, Seconded by Perry, approving a permanent easement for highway purposes over, under and across the following described property: Parcel 24, Anoka County Highway Right-of-Way Plat No. 47 in front of the medical building. Motion carried unanimously. TRUNK SEWER DISCUSSION Mr. Haas explained the trunk sewer which currently dead ends at the north property line of pinewood Estates is proposed to extend north through the City Park Complex #2. If the line, which is very deep, is extended after the park is completed, it probably would destroy the soccer fields. He also noted the school district will get another 100 feet to the west of the parcel they own, which was agreed to at the time they purchased the school parcel. Mr. Davidson suggested a quick feasibility report be done to determine a dollar cost for extending that trunk line. Mayor MCKelvey suggested the study be for the extension of both sewer and water. MOTION by Knight, Seconded by Jacobson, to have Mr. Davidson come back with that feasibility report. DISCUSSION: Council also suggested that the costs be determined as to whether it would be more cost effective to run sanitary sewer to the concession stand proposed in the park or to install a drain field system. Motion carried unanimously. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 14 DEFERRED ASSESSMENT/HURST MOTION by Knight, Seconded by Jacobson, the Resolution for Projects 82- 10 and 92-18 against the Hurst property, with the changes in Paragraph 4, last sentence to read: "This storm water assessment shall be levied in the future for payment as described in Paragraph 5." Paragraph 5, second line to read: ".. .which assessments have been levied but deferred or not assessed pursuant to.. . " (See Resolution R093-93) Motion carried unanimously. NEWSLETTER DISCUSSION MOTION by Knight, Seconded by Perry, to table this item given the hour and bring it back at a later time. Motion carried unanimously. APPROVE FINAL PLAT/WEYBRIDGE 3RD ADDITION MOTION by Perry, Seconded by Jacobson, the Resolution approving the final plat of Weybridge 3rd Addition as presented with the exception, under the NOW, THEREFORE, BE IT RESOLVED, add Item 7, Subject to Metropolitan Council approval of the extension of sanitary sewer. (See Resolution R094-93) Motion carried unanimously. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, in the affirmative on Items: 16. Approve Plans and Specs/IP92-19/Weybridge 3rd (See Resolution R095-93) 17. Approve Final Payment/IP9l-14/168th Lane NW (See Resolution R096-93) 18. Approve Easement/173rd Lane NW (Chester and Luella Malek) Motion carried unanimously. APPROVE LIQUOR LICENSE/ANDOVER LIONS CLUB MOTION by Perry, Seconded by Knight, in the affirmative of Item 19, approve liquor license for the Andover Lions Club (for May 22-23, 1993) Motion carried on a 4-Yes, I-No (Jacobson) vote. MAYOR AND COUNCIL INPUT City Administrator - Mayor McKelvey reported that it appears Mr. Schrantz will not be able to return to work for several months. In the mean time, the Staff is helping with any administrative duties that need to be done, plus he is available much of the time. If it becomes a problem, Staff will inform the Council. Regular Andover City Council Meeting Minutes - May 4, 1993 Page 15 (Mayor and Council Input, Continued) Sewer and Water Inspections - Mayor McKelvey explained the Building Department has become very busy and does not have the time to do the sewer and water inspections. It has been suggested that the task be transferred to the Public Works Department and that a temporary full- time employee be hired for six months to help out in that Department. Frank Stone, Public Works Supervisor, stated this person would do the sewer and water inspections and would fill in where needed. If the individual is needed for more than six months, he will ask for an extension of time. MOTION by Perry, Seconded by Dalien, that we authorize the Public Works Supervisor to interview and hire an individual on a temporary full-time basis for the express purpose of sewer and water inspections and that the funds for the individual's salary will come from the Water Fund; pay to be the bottom of the union scale. Motion carried unanimously. Tree Protection Plau Fee - Mr. Carlberg stated the Tree Protection Policy talks about a review of the Tree Protection plan and a site review of the building area. Staff is recommending a $50 fee for each lot. This would be charged at the time the building permits are applied for. It is hoped that Mr. Sowada, the Tree Inspector, will do the initial review and that the Building Department will assist with the remaining inspections. MOTION by Perry, Seconded by Knight, to approve the $50 fee for the review of the Tree Protection Plan. Motion carried unanimously. Golf 'l'ournament at Season's Golf Course - Mr. Haas reported that apparently all traffic will be routed to Bunker Lake Boulevard in Andover for the Senior's Classic Golf Tournament June 14-20, 1993. He advised the Safety committee members of a meeting on the issue. councilmembers Perry and Knight suggested the meeting be held on Monday, May 10, 1993. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Knight, the Schedule of Bills dated 4-30-93 in the amount of $68,917.14. Motion carried unanimously. MOTION by Perry to adjourn. Motion carried unanimously. The meeting was adjourned at 11:59 p.m. '~":~~~~0l \~~~lla A. Peach Recording Secretary