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HomeMy WebLinkAboutCC February 1, 1994 ~ CITY of ANDOVER Regular City Council Meeting - February 1, 1994 Call to Order - 7:00 P.M. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Continued Public Hearing/Woodland Meadows Street Lights 2. Cy Smythe/pay Equity 3. Rezoning/Section 34/City of Andover 4 . EAW Petition/Hills of Bunker Lake 5th Addition 5. Approve Hills of Bunker 5th preliminary plat 6. Fox Woods Sketch plan 7. Public Improvement projects/Hartfiel's Estates 8. Woodland Pond 2nd Addition Sketch plan 9. 1994 North Metro Mayors Association Dues Reports of Staff, Committees, Commissions 10. Option Agreement/Wasteco Property 11. Schedule Board of Review 12. Hire parttime Accounting Clerk 13. Approve Fire Department Election Results 14. Approve Kennel License Renewal/C. Nehrt 15, Amend Ordinance 33 Consent AgendajNon-Discussion Items 16. Approve Resolution/Cancel Sewer Fund Subsidy 17. Receive preliminary December Financial Statements 18. Receive Feasibility Study/Hills of Bunker 5th/93-l2 19. Approve Plans & Specs/92-27/Commercial Boulevard Mayor-Council Input Payment of Claims Adjournment - - -, - -- -_.-. .-~.- - -- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 1, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R015-94 cancelling sewer fund subsidy · · · · · · 1 Receive preliminary December financial statements . . · · · · 1 Resolution R016-94 approving plans and specs/IP92-27/ Commercial Boulevard · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 CONTINUED PUBLIC HEARING/WOODLAND MEADOWS STREET LIGHTS/IP93-8 · 2 Motion to table and notify all residents · · · · · , · · · · 4 CY SMYTHE/PAY EQUITY · · · · · · · · · · · · · · · · · · · · · · 4 Motion to enroll in Metro Area Management Association for job evaluations · · · · · · · · · · · · · · · · · · · · 5 REZONING/SECTION 34/CITY OF ANDOVER Motion amending Ordinance No. 8 · · · · · · · · · · · · · · · 5 EAW PETITION/HILLS OF BUNKER LAKE 5TH ADDITION · · · · · · · · · 5 Motion denying request · · · · · · · · · · · · · · · · · · · 8 HILLS OF BUNKER LAKE 5TH PRELIMINARY PLAT . · · · · · · · · · · · 9 Resolution R017-94 approving preliminary plat · · · · · · · · 11 FOX WOODS SKETCH PLAN . · · · · · · · · · · · · · · · · · · · · · 11 PUBLIC IMPROVEMENT PROJECTS/HARTFIEL'S ESTATES · · · · · · · · · 12 WOODLAND POND 2ND ADDITION SKETCH PLAN · · · · · · · · · · · · · 13 NON-DISCUSSION ITEMS Schedule Board of Review (April 14, 1994, 7 p.m.) · · · · · · 14 Hire Part-time Accounting Clerk (Joan Smith) · · · · · · · · 14 Approve Fire Department election results (L. Capeling, Sec. ) 14 Approve Kennel License Renewal/C. Nehrt · · · · · · · · · · · 14 Amend Ordinance 33 · · · · · · · · · · · · · · · · · · · · · 14 Appoint Part-time Planning Secretary (Brenda Holmer) · · · · 14 Resolution R018-94 receiving feasibility study/Hills of Bunker 5th/IP93-l2 · · · · · · · · · · · · · · · · · · · 14 1994 NORTH METRO MAYORS' ASSOCIATION DUES · · · · · · · · · · · · 14 Motion to authorize additional $1,000 in dues · · · · · · · · 15 OPTION AGREEMENT/WASTECO PROPERTY Motion to contract with Conestoga Rovers/environmental study 15 Motion to contact developers · · · · · · · · · · · · · · · · 15 MAYOR/COUNCIL INPUT MUSA Expansion Request granted · · · · · · · · · · · · · · · 16 PAYMENT OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 16 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 16 -. -,- - -. . ..... - -.-..- ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - FEBRUARY 1, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on February 1, 1994, 7:00 p.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 Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander Others RESIDENT FORUM Jerry Sobieck, 2159 l72nd Avenue - understood the speed limit through his residential development of Woodland Meadows is 55 mph. There are no warning signs of hazardous turns oR vertical drops. He asked what is the process for getting a speed study and proper signing. Mr. Haas stated the City can look at the signing. He also suggested Mr. Sobieck talk to the neighbors to see if they want the speed limit reduced. He thought the entire Woodland Meadows development would be studied, not just a portion. Garv Strand, 3289 l67th Lane - was concerned about the trees that he has been told should be taken down because they are close to the boulevard. They are very nice oak trees¡ and being an environmentalist, he did not want to see them removed. If they are removed, will all other trees and shrubs in the City's boulevards be removed as well ? Mayor McKelvey explained trees and brush in the boulevards must be removed because they are a hazard and create a liability for the City. Mr. Haas explained the requirement in all new subdivisions is to clear the right of ways. The trees in Mr. Strand's subdivision should have been removed before the building started. He was not sure why they were not removed. Mayor McKelvey also did not like to see trees removed but agreed it is necessary to do so in the boulevards for safety and liability purposes. AGENDA APPROVAL Þ.dd Item l5a, Hire Part-time Planning Secretary MOTION by Perry, Secondeò by Knight, the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 16. Approve Resolution/Cancel Sewer Fund Subsidy (See Resolution R015-94) Item 17. Receive Preliminary December Financial Statements yt\~ ~.cf'- !I.(I;(91/- ~--- ~-- - , -- ---. .--.. _._~ Regular Andover City council Meeting Minutes - February 1, 1994 Page 2 (Consent Agenda, Continued) Item 19. Approve Plans and Specs/IP92-27/Commercial Boulevard (See Resolution R016-94) Council agreed to hold Item 18 from the Consent Agenda until after the discussion on the EAW Petition for Bunker Lake 5th Addition. MOTION by Jacobson, Seconded by Dalien, approval of Items 16, 17, and 19. Motion carried unanimously. APPROVAL OF MINUTES January 18, 1994, Regular Meeting: Correct as written. January 18, 1994, HRA Meeting: Correct as written. MOTION by Knight, Seconded by Jacobson, approval of both Minutes. Motion carried on a 4-Yes, I-Present (Perry) vote. CONTINUED PUBLIC HEARING: WOODLAND MEADOWS STREET LIGHTS/IP93-8 7:12 p.m. Chuck Labeaux, 2233 l73rd Circle - stated some people did not get the notice for the public hearing two weeks ago; and if they did, many did not understand that any decisions were going to be made at that meeting. He felt more people would have come if they had known, but they were under the impression it was an informational meeting only. He explained the decision to divide the neighborhood has created a lot of tension, and he wanted the project done right. Many people don't know what is going on, and he felt another petition should be taken to determine if there is a majority in favor of splitting the neighborhood. Mayor McKelvey explained what took place at the January 18, 1994, public hearing, the Council policy not to order projects unless a majority of the residents are in favor, and the actions of the Council to divide the neighborhood to satisfy everyone. Those on the north end were adamantly opposed; those on the southern end were in favor. Mr. Labeaux - argued that he signed the petition in favor when lights were proposed for the entire subdivision; but now that it is split, he would be opposed to it. He suggested everyone in the subdivision be contacted again. He didn't think people understood they could change their vote. Does the Council have the authority to arbitrarily divide the neighborhood? Mayor McKelvey explained the Council does have that authority, but the intent was to satisfy the majority. Mr. Labeaux - again urged the Council to contact everyone again, to clear up the confusion and do it right. He didn't like to see all this tension in the neighborhood. Inqo Schalwiq, 2281 l74th Circle NW - felt the people should be told that a street light on the corner will not be very effective because of the lay of the streets, the setbacks of the houses, and the size of the trees. He will receive no benefit. He has his own light for which he pays $7.24 per month, which is considerably less expensive than the - -. ~ ..... . -'-- Regular Andover City Council Meeting Minutes - February 1, 1994 Page 3 (Continued Public Hearing: Woodland Meadows Street Lights, Continued) proposed proj ect. He asked that the people get another chance to express their opinion and that they be told that realistically the light on the corner will do very little good. Councilmember Jacobson explained the lights are not necessarily to light the houses but for lighting the streets at intersections for better visibility. Mr. Schalwiq - stated there is no traffic congestion and most people have their own security system. Jerrv Sobieck, 2159 l72nd Avenue NW - believed the original petition asked if they wanted the lights. He would have changed his vote if he had known the damage it would do the neighborhood by the Council decision at the last meeting. He knew of several people, including himself, who did not receive the letter. He thought some people in the south would not want the lights now and that another petition is necessary. Basically five homeowners were represented at the public hearing, and there was some bullying that occurred. Some people are afraid to come and give their opinion. Bettv Hanna, 2250 l73rd Circle - had written a letter to the City opposing the installation of lights because they were unable to attend the last meeting. In the notice of the public hearing, she recalled there was no indication that a vote was to be taken. If they had known there would be a vote, they would have changed plans to be here. Also, the letter mentioned that street lights would be posted so they do not affect homes. They are at the end of a cul-de-sac and there is no way a light will not affect their home. One of the main reasons they left the city and moved to the neighborhood was they wanted a pristine neighborhood. They would appreciate doing the project the right way where everyone would have an opportunity to vote on this one last time; and whatever the vote, they would live with it. Mayor McKelvey noted the Council action removed the northern portion of the subdivision from the project and continued the hearing for the southern portion to redetermine the costs. Because the costs have increased more than ten percent, those people will be called back in. Mr. Sobieck - asked that the notion of a north/south half be dropped, as they don't want to be divided. If there is to be another public hearing, letters should be sent to everyone. Councilmember Jacobson also explained the events of the last meeting leading to the Council decision to split the project. He suggested the possibility of continuing the hearing for two weeks; and at that time allow everyone to sign a map or petition as to whether or not they want the lights. That way the Council will know what everyone wants and can vote the project up or down. Mr. Sobieck - thought it was a good idea, but preferred the entire neighborhood be involved, not just those on the south end. He also suggested there be two petitions, one for the project in the entire neighborhood and one for the project just on the southern end. He would vote differently on those petitions, as he would be in favor if lights were for the entire area but would be opposed if just the southern portion were done. Regular Andover City Council Meeting Minutes - February 1, 1994 Page 4 (Continued Public Hearing: Woodland Meadows Street Lights, Continued) After further discussion with residents and Staff, the Council agreed a letter should be sent to everyone in the Woodland Meadows subdivision explaining a vote will be taken at the next meeting on the project and asking everyone to sign a petition that will be at City Hall on whether they want the project. It was agreed there would be only one vote per lot, that the petition must be signed and not phoned in to City Hall, and that the petition would be available during business hours and prior to the continued hearing. Mr. Schalwiq - considered it a good recommendation to mention to the residents they have the option of securing their own light for less than $8 per month. The Mayor did not feel the City could legally do that. MOTION by Jacobson, Seconded by Dalien, that we authorize City Staff to write a letter, and have the Mayor review the letter before it is sent to everyone in the Woodland Meadows in the northern and the southern half; and in that letter tell them there will be a hearing in two weeks again; and the subject to be discussed is the cost of the lights. And in the area of the northern part of the subdivision where we administratively took them out we will reopen that question. And that prior to the hearing in two weeks will be the time for people to come during the next two weeks to sign a petition here at City hall or send a letter if they cannot appear at City Hall, and indicate whether they are for or aga1nst the light project in the subdivision. Tell them in the letter that the decision will be made to either proceed or to drop the lighting project at the end of that hearing. DISCUSSION: Councilmember Jacobson stated after looking at the new vote, the Council will decide whether or not to light the entire subdivision or again look at dividing the neighborhood. Mr. Haas stated he will use a cost range in the letter of $26 to $29.50 per quarter. Council agreed. Motion carried unanimously. The hearing was continued to Feb. 15. 7:45 p.m. CY SMYTHE/PAY EQUITY Cv Smvthe, Labor Relations Associates, Inc. - stated because of the number of new jobs because created and the need for new job values, the City needs to decide how to proceed to comply with the State pay equity law and establish and maintain continued accurate values for its jobs. He explained a number of cities have joined together to determine job values in an attempt to lower the costs of the process versus doing it on their own. For a City to do it on its own, the cost is $15,000 to $20,000. By joining with the other cities, which access the Hay System and others which is based on the data being supplied by the City of Golden Valley, the cost would be $1,500 to $2,000. In addition, whenever a new job is created, it can be valued for $15 to $25. Mr. Smythe recommended Andover join with the other cities in the Metro Area and Outstate because it is considerably less expensive. The cost to join the group is about $800. The letter states the original fee is $1,000 plus $15 per employee; however, he has been told that fee has been lowered to $800 plus $15 per employee. -- , - - - -. . .--. -.--- -_.--- Regular Andover City Council Meeting Minutes - February 1, 1994 Page 5 (Cy Smythe/Pay Equity, Continued) Mr. Smythe also noted this is not the same as the information in the Council packet which is a subscription to the Metropolitan Area Management Association - League of Minnesota Cities labor relations Service for which Andover would pay $3,322 for a subscription. This is for job evaluations only, not a labor relations service. MOTION by Knight, Seconded by Jacobson, that we direct the City Finance Manager to enroll US in the Metro Area Management Association for purposes of job evaluating with the cost not to exceed $1,000 plus $15 per employee. Motion carried unanimously. REZONING/SECTION 34/CITY OF ANDOVER Mr. Sulander explained that due to the Access Agreement the City entered into on the cleanup of the landfill, the rezoning for the area south of the landfill is a formality. The intent for rezoning the R-4 and LB area is to have a uniform zoning in that area. Mr. Carlberg stated all the property involved in the rezoning is owned by either the City of Andover or Wasteco, Inc. MOTION by Knight, Seconded by Perry, the Ordinance amending Ordinance No. 8, the Zoning Ordinance of the City of Andover. DISCUSSION: Councilmember Jacobson expressed concern about the Red Oaks area where residential back yards will back up to the General Business area. Mr. Carlberg stated they closely review developments whenever residential property abuts commercial to be sure the setbacks are met as well as the screening, fencing and landscaping. In this instance, people beyond the normal 300 feet were notified. Motion carried unanimously. EAW PETITION/HILLS OF BUNKER LAKE 5TH ADDITION Mr. Haas noted the petition submitted to the Environmental Quality Board from Richard J. Fuller requesting an Environmental Assessment Worksheet be done on the Hills of Bunker Lake 5th Addition. He explained both he and Mr. Carlberg met with the Coon Creek Watershed. He noted the response from Tim Kelly of the Watershed responding to the issues raised in the petition (February 1, 1994, letter to Todd Haas and Dave Carlberg from Tim Kelly, Coon Creek Watershed District). While Mr. Kelly noted the Watershed is the local governmental unit regulating the wetland; however, the City is the regulating governmental unit which must make the decision on the EAW request. The bottom line is Mr. Kelly did not feel an EAW is mandatory. Richard Fuller, 13948 prairie Road - stated he is representing the Sierra Club, which is the co-petitioner on the petition for the EAW. They are very concerned with preserving the habitat which the DNR Minnesota Natural Heritage data classifies as endangered, specially the glacial sandy prairie which constitutes about one-third of this development. That habitat is home to a number of species of special - -, ..... - Regular Andover City Council Meeting Minutes - February 1, 1994 Page 6 - (EAW Petition/Hills of Bunker Lake 5th, Continued) concern and is disappearing from the State of Minnesota. With the loss of that habitat goes the associated species. Mr. Fuller stated at a prior meeting some Councilmembers suggested that because a species is of special concern, that the destruction of the habitat of that species is not a significant environmental impact. He submitted that there is reason for concern when public interest agencies such as the Sierra Club whose opinions are held with some respect state there are reasons for concern. The disappearance of species is a gradual process; and if the habitat is constantly destroyed, there will be endangered species tomorrow. The Sierra Club is concerned with the destruction of wetland. Mr. Fuller then commended on several points raised by Mr. Kelly in his letter. He pointed out that the Anoka County Soil and Water Conservation District maps apparently differ from what Mr. Kelly states in his letter with regard to the designation of Types 3 through 5 wetland. Mr. Kelly's letter does not say there is not 2.5 acres of Type 3 wetland, and he argued the statute requires that an EAW be done if 2.5 acres of more of Types 3, 4 and 5 are involved. Because there is Type 3 wetland, which is clearly under statute protection, he felt an EAW should be done. Mr. Fuller also argued another reason for requiring an EAW is because of the special concern for the Blanding's Turtle which is present, and the development poses a substantial possibility of a significant environmental impact on that species. He noted Mr. Kelly's letter does not say the Blanding's Turtle does not occur on site; in fact, one-third of the proposed development consists of the habitat in which the Blanding's Turtle nests. Mr. Fuller also pointed out state law requires that before this wetland can be filled, altered or drained, that avoidance of the wetland must be considered. The authority for approving the project lies with the City Council, and he proposed an option to the development as proposed. He would trade some of the southern tip of his land for an equal amount of Mr. Emmerich's land for the purposes of constructing a storm water pond to avoid the wetland being destroyed. He would also trade some of his land as an even trade for Mr. Emmerich's property for the purposes of building a road to grant access to a portion of the development to prairie Road, also to avoid the wetland being disturbed. Mr. Kelly's letter indicated his proposal came too late in the process, but Mr. Fuller argued he did not know about the proposed development until the notice for the public hearing on the preliminary plat. He argued the letter indicating a desire to purchase his property was not from Mr. Emmerich and stated nothing about developing adjoining property. He did not want to sell his property. The Mayor noted the proposed Hills of Bunker Lake 5th Addition sketch plan was presented to the Council in 1987. As the Hills of Bunker Lake 1st, 2nd, 3rd and 4th Additions were constructed, he felt Mr. Fuller should have been aware of the impending development in that vicinity. Mr. Fuller acknowledged he was not as informed about the environmental dangers in 1986 as he is in 1994 but that it is not until the public hearing that he was made aware of this development. He also argued the hearing process is the forum for these items to be heard, as there have - -- -, - ____. L~' . _n__ Regular Andover City Council Meeting Minutes - February 1, 1994 Page 7 (EAW Petition/Hills of Bunker Lake 5th, Continued) been no public notices prior to the hearing held by the Planning Commission. He continued there are a number of feasible methods of avoidance of the wetland, not necessarily the one he proposed. He proposed that town houses could be constructed instead of single family homes which would avoid the wetland entirely and possibly even be more profitable for the developer. Town houses would mean less streets would be needed, less storm sewers, and less occupied space. Mr. Fuller also suggested the City and the Sierra Club plus other willing groups meet with the developer to examine alternatives to the proposed plan that would allow both reasonable development and reduce or eliminate the impact on the wetlands and preserve some of the important habitat that this site occupies. He would like to say to the Sierra Club at its Thursday night meeting that the City of Andover wants to work with them, is concerned with protecting the environment, and would like to consider feasible development alternatives that this piece offers. Tonv Emmerich, Tonv Emmerich Construction, Inc. - stated he submitted a sketch plan in 1987. He would have been happy to sit down with Mr. Fuller's group to look at alternatives at that time to see what could be done. Mr. Fuller has come in at the eleventh hour after he has taken all the steps necessary and obtained all permits for this plat. If the Sierra Club is so interested, he suggested they purchase it. Mr. Emmerich stated three lots were removed from the plat since it was reviewed by the Planning Commission because of an oversight. Those lots did infringe on wetlands and will now be outlots. Councilmember Jacobson wondered with the removal of the three lots whether the 2.5-acre threshold of the specific wetland is met, thereby mandating an EAW. Mr. Emmerich - stated no. They have hired an expert firm to review the plat and have talked with Tim Kelly of the Watershed. They are saying the plat is under all thresholds that could possibly need an EAW. He noted there is reference to someone spotting a Blanding's Turtle on his property. He has owned the property for five years, and it has been posted "No Trespassing." So anyone making that claim was trespassing on his property. He doesn't believe those claims. Mr. Fuller - stated how the information was gathered on the property is irrelevant. Councilmember Jacobson agreed the Council is the unit charged with approving the plat and determining the need for an EAW. He noted there is a very large county park right across the street from this property which probably contains the same issues. He did not think loosing this piece of property is significant enough to warrant an EAW. Mayor McKelvey felt that because all necessary permits from the various agencies have been received, because a Staff member from the Met Council has viewed the site and found nothing of major significance, and because Mr. Kelly has also stated he has no problem with the development, this poses no greater effects than any of the previous developments. with the large county park across the street, the creek to the north, and the open areas in the plat, he didn't think there would be any significant changes on the property or in the wetland. . .... - - Regular Andover City Council Meeting Minutes - February 1, 1994 Page 8 (EAW Petition/Hills of Bunker Lake 5th, Continued) Councilmember Knight agreed with the Mayor and was bothered by the eleventh hour opposition. He was concerned, however, that the City be especially concerned with the overdevelopment in wetland areas to avoid future flooding problems along the Mississippi basin, referencing the flooding problem this summer in areas that had been carefully controlled by the DNR and Army Corps of Engineers. If the Sierra Club wants to get involved, they will have to do it before the eleventh hour. Mr. Fuller - argued they couldn't get the information before the public notice. Councilmember Knight stated this has been planned for a very long time. Mr. Emmerich - stated they have mitigated the wetland 2.5 to 1, which is in excess of what is required. He is also concerned with the wetland and the environment. Mr. Haas responded to Councilmember Knight's concern with the wetland, noting that is why the City has a local Water Management Plan. Andover is the only city in Anoka County which has an updated plan and meets the requirements of the watershed and the State law. Plus the TKDA engineer is a hydrologist, a specialist in water issues, who has very closely reviewed the plat. This plat has been studied in considerable detail, and the developer's engineer has done a very nice job to retain water on the site. MOTION by Jacobson, Seconded by Dalien, that the City Council, after due consideration of the request from the Sierra Club for an Environmental Assessment Work on Hills of Bunker Lake 5th Addition, move to deny the request for an EAW based upon the following information which was provided the Council: 1) Noting a letter from the Coon Creek Watershed dated February 1, 1994, which on Page 6 of the 7 pages, Item No. 1 under conclusion says, "I can find nothing concerning the Hills of Bunker Lake which mandates an EAW." And there are other statements within that letter which indicates to the Council that it is not a mandatory EAW. 2 ) The fact that the City of Andover does have an updated Water Management Study, which is the best in Anoka County, and the plat does meet all of the criteria of that Water Management Plan. 3) The fact that the plat has been in process since 1987 and has been known to the Council for some time and no objections have been raised to this point, even though I understand that public notice was not given until the Planning and Zoning Commission meeting in which it was open to the public. The Council has read the Planning and Zoning Commission meeting Minutes of the public hearing and is well aware of the issues that were brought up and discussion at that hearing. Having listened to the representative from the Sierra Club make statements and questioning the representive and listening to Staff and Staff Engineers as to the competency of the information that has been provided to the Council, based upon these criteria, the Council denies the EAW. That the Council finds that there are no significant environmental effects in this plat that would be of such a nature that it would require, even though it is not mandatory, that the Council consider an EAW. Motion carried unanimously. --- -.. Regular Andover City Council Meeting Minutes - February 1, 1994 Page 9 APPROVE HILLS OF BUNKER 5TH PRELIMINARY PLAT Mr. Haas reviewed the proposed development of 134 single family urban lots. The property is now included in the MUSA. Three lots have been removed since the Planning Commission reviewed it due to the wetland issue. The Coon Creek Watershed has agreed with the removal of those lots. All necessary permits have been received. The Andover Review Committee recommends approval as presented. The Park and Recreation Commission is recommending land for park dedication. There are no variances in the plat. Several items of concern were raised by the Council: Is there a connection to 140th Lane? Mr. Haas stated yes, that the right of way must be graded to meet the existing road of l40th Lane to provide a second outlet to the plat. That outlet will be open at the time the plat is completed. There will also be an outlet to the north if Crown pointe is developed to the north. Who will own the outlots? Mr. Haas stated the developer will probably not want to maintain ownership of Outlot A as it is mostly existing wetland and will never be developed further. Some mediation will take place within the outlot for the plat. It will also be the holding area before water goes to the creek. He understands the developer wants to maintain ownership of Outlots B, C, D, and E in case the wetland conservation act rule changes to allow these areas to be developed. What is the reason for the long extension between the one corner of Outlot A to the other? Mr. Emmerich - explained the thought was that people would want to walk through there. He intends to discuss this further with the Park Board, proposing a trail be constructed to meet with the existing trail in Bunker Prairie Park. The thought was to leave this as a nature area, a green space. There is brush and trees in there now, so he did not think there would be a problem with motorized vehicles. The lot lines would be clearly defined so people would not infringe on the green space. Mr. Haas stated if the outlot was taken as park property, there would be many more restrictions on it, such as no snowmobiles, ATVs, etc. Frank Stone, Public Works Superintendent, stated if it becomes city park, the residents will want it maintained as a park, and some of this should not be disturbed. councilmember perry suggested labeling it as a passive nature area. Won't Outlot A be under water most of the time given the amount of runoff from the developed area? Mr. Haas stated it is relatively high ground, but it depends on the ground water elevation and the types of soils on the property. Mr. Emmerich - stated they have mitigated the higher ground toward the railroad track and will control it with control structures, so the vast majority of the time it will be dry. They are not digging any ponding in the wetland. Mr. Haas stated the runoff is increased, but the amount of water is controlled that leaves the site through structures. So whatever discharges into the creek before the development will not change after development. He also reviewed the detail of the storm water control system. - ---. -- ---.. ~ ..~. _..--- --- .-- Regular Andover city Council Meeting Minutes - February 1, 1994 Page 10 (Approve Hills of Bunker 5th preliminary Plat, Continued) The Coon Creek Watershed easement delineation is missing in the northwest corner of the plat. Mr. Haas indicated it is there and will be more clearly shown on the final plat. The three ponding areas on the east side of the plat appear that water going in would end on someone else's property -- the northeast corner which has a small portion on the plat and the rest off the plat, at 139th Avenue NW where it appears Outlot B extends into Mr. Fuller's property, and Outlot C which appears the area continues off of the plat. Mr. Haas stated the northeast corner pond has been calculated at two 100-year storms back to back, and whatever has gone there before has a right to continue going there in the future. When the property to the north develops, there will be a control structure to outlet the pond. A storm sewer will be constructed from Outlot A to Outlot B to drain to the northwest. Mr. Emmerich - stated they have studies to show the water will not drain onto Mr. Fuller's property. Mr. Haas continued that Outlots C, D, and E have also been calculated to two 100-year storms back to back; and whatever has a right to drain there now will continue to have a right to drain after the development. Mr. Emmerich - stated they will have their experts double check the storm drainage. Councilmember Jacobson expressed concern over the large drainage easement in the back of lots in Block 2, noting the problems in the past of such easements in other developments because residents landscape the area and become upset when there is standing water after storms. Council member Perry asked how the buyers, prior to purchasing a lot, can be made aware of the easement and potential standing water. Council indicated a desire to see a standing policy on this issue. Mr. Haas stated the final plat will indicate the easement line. In addition the certificate of survey for the building permit shows all easements. Mr. Emmerich - stated in this case, it is a totally undisturbed area and buyers will be told it will hold water periodically. This is a concern for the developers also. After further discussion, Mr. Emmerich stated he would be willing to put that easement notation in the covenant for those lots. Mr. Haas stated that can also be included in Development Agreements with all future developers. Council agreed. Is a two-foot difference between the floor elevations and the 100-year flood elevation enough? Mr. Haas stated that is what the ordinance requires. TKDA has spent a lot of time reviewing the drainage plan of this plat and is satisfied. Is there enough space in the parking lot since cars cannot park on Bunker Lake Boulevard? If there is a ballfield, be sure back stops are installed so balls don't go to the county road. Mr. Haas felt there is enough parking space, but that will be reviewed in further detail with the Park Board. Are there any restrictions on the use of the easement area for the high- pressure gas line of NSP? Mr. Emmerich - stated there is nothing in the easement agreement. - ----. - --,-. .._~ Regular Andover City Council Meeting Minutes - February 1, 1994 Page 11 (Approve Hills of Bunker 5th preliminary Plat, Continued) Is there going to be a berm between the railroad tracks and the park? Mr. Emmerich - stated no because that would require taking out all of the trees. He wouldn't object to berming along Bunker Lake Boulevard. He expects to discuss the development of the parks further with the Park Board. Richard Fuller - had two problems with the plat. First, a portion of the pond from Outlot B is actually lower than Outlot B in the plat, which presents an interesting problem for drainage. Secondly is the problem with the dead end street of l36th. He stated there will never be a road that goes through there. There may be a road further north of there in the next 20 to 30 years when he may decide to develop, but Mr. Fuller argued a street at l36th does him no good and is useless. He asked why not develop in a way that would be amenable to future development of his property. If the northern end of his property is ever developed, it will need a road. He charged the City can shove a dead end street down his throat even if he doesn't like it. Mr. Emmerich - stated providing future extensions to the east have been looked at very carefully. Mr. Haas stated the City has said another access from the development is needed to the east. This was studied at the sketch plan stage, including a potential future development of Mr. Fuller's property, and l36th provided the best location for that outlet. MOTION by Perry, Seconded by Jacobson, the Resolution approving the preliminary plat of Hills of Bunker Lake 5th Addition as presented, and note that there were some drainage concerns noted by the Council and the developer take special notes of those. (See Resolution R017-94) Motion carried unanimously. FOX WOODS SKETCH PLAN Mr. Haas reviewed the sketch plan of the proposed development to be known as Fox Woods presented by Gary Gorham for the development of 73 single family urban residential lots. The property will need to be rezoned to R-4 but is already included in the MUSA. The Andover Review Committee has suggested an alternative layout of streets in the northern area to stay within the street grid system. The Planning Commission did not like the Staff proposal and suggested some layout be designed that is between the Staff alternative and the original sketch plan. The sanitary sewer line in Bluebird Street is about 25 feet deep with no existing service to the east. TKDA will address the issue as development occurs. The extension of watermain will not be a problem. Storm sewer will ultimately drain to Andover Lake off Andover Boulevard. Mr. Carlberg stated Mr. Holasek owns 10 acres immediately east of this and would like to develop at the same time. The property is not included in the MUSA, and he is discussing a proposal with the Metropolitan Council to do a land trade of an area that has been included in the recent MUSA request. The Council discussed the following issues: - - .-, -- Regular Andover City Council Meeting Minutes - February 1, 1994 Page 12 (Fox Woods Sketch Plan, Continued) Street layout - The Council generally did not like the street layout proposed by Staff feeling it is not aesthetically pleasing. Also, straight streets create a problem of speeding. Width of easement on south end of Bluebird Street - Mr. Haas stated an additional easement was acquired when the sanitary sewer was installed, and Bluebird was moved over a little to align with the street from the south. The developer can show a 60-foot easement for the road and an easement for the sanitary sewer to square it off. Upgrading of Bluebird Street - There was considerable discussion on the procedure for the upgrading of Bluebird Street, as it presently is gravel from Andover Boulevard to the northern edge of this plat. The Council felt that because it is the major outlet to this plat, as well as to Hartfiel's to the west, that it must be upgraded. The question is who would pay for it, as the developer cannot be forced to pay for the entire cost. This was discussed in further detail in the next Agenda item. Garv Gorham, 3538 Mississippi Drive, Coon Rapids - agreed that maintenance of the streets needs to be a concern for any plat, and that is why they have not proposed any cul-de-sacs in the plat. Potential buyers first prefer to build on a cul-de-sac, secondly on a curved street. The reason he proposed the curved streets is to complement the Oak Bluff development to the north, to make it more aesthetically pleasing, and to be able to develop the type of housing that would fit with that northern development. He also noted that his engineers see no problem meeting the sight distance requirements with the proposed curved streets. As this was discussed by the Planning Commission last week, Mr. Holasek asked that an additional access be provided to his property to the east so the lots on that property would not face Xeon Street. In discussing this further with Mr. Holasek, he presented an another alternative that maintains some curve to the streets and provides a third outlet to the east; and he showed that proposal on an overlay to the sketch plan. The alternative also took much of the curvature out of l45th Lane to eliminate the problem Staff had with the naming of the streets. He noted the proposed future development of Mr. Holasek' s property of lots fronting on the access roads, not on Xeon plus the parcel with the existing home. Mr. Gorham also stated as the development occurs, they will petition to upgrade Bluebird Street and would be paying their share of that upgrading. Street layout - Again, the Council preferred the curved streets and generally agreed with the alternative presented by Mr. Gorham this evening. There were no further comments on the sketch plan. PUBLIC IMPROVEMENT PROJECTS/HARTFIEL'S ESTATES Mr. Haas explained with Fox Woods included in the MUSA and immediate development of the property by Gary Gorham, the Andover Review Committee ---. - .-.. -- Regular Andover City Council Meeting Minutes - February 1, 1994 Page 13 (Public Improvements Projects/Hartfiel's Estates, Continued) is recommending improvements be made in the Hartfiel's Estates, Fox Woods and Heil's (now owned by Ron Smith) area. By including the area, the project will become that much more cost effective and will allow fairness for the assessment. He asked for direction from the Council. Discussion centered around the possibility that a majority in Hartfiel's may now want sanitary sewer and water improvements and who would pay for the upgrading of Bluebird Street. The Council generally did not wish to have utilities installed in Hartfiel's Estates unless a majority of the residents are in favor. Council then directed Staff to hold an informal meeting with the residents to inform them of the proposed developments in that area and the potential for cost savings if their improvements are done at the same time. Mr. Haas stated he would contact the residents and hold that meeting at the City Hall to get their reaction to installing utilities in their neighborhood. It was also agreed that the intent would be to upgrade Bluebird Street and assess according to the policy. Because of the many side yards on the west side, it basically means about two-thirds of the cost would be assessed to Mr. Gorham. Mr. Gorham - stated he intends to petition for the upgrading of Bluebird along with the development of Fox Woods, but he did not think it would be a good decision to pay for the whole street. He would agree to pay for his portion of the street on a per- lot basis according to the City's assessment policy. WOODLAND POND 2ND ADDITION SKETCH PLAN Mr. Haas reviewed the sketch plan of the proposed Woodland Pond 2nd Addition as presented by Finest Homes, Inc. It is located in an R-4 zone within the MUSA and consists of 22 single family urban residential lots. There is an existing structure to work around. The Planning Commission had no problem with the proposal. The Andover Review Committee had no concern with the layout but did raise the issue of reconstructing l42nd Avenue if watermain is put in the street. Those on the south side of l42nd have sanitary sewer but no water. The question is who would pay for the upgrading of l42nd Avenue. Mr. Haas stated he will check to determine if the developer has already been assessed for l42nd Avenue. Frank Stone, Public Works Supervisor, stated l42nd Avenue is in good condition and would not have to be reconstructed if the watermain is put in the boulevard rather than in the street. In discussing the issue of reconstruction, the Council questioned the benefit to the residents on the south side of the street, arguing the improvements would be done because of the new development. In addition, it is expected that l42nd Avenue will be a major access to Woodland Creek to the east when that develops further. Attorney Hawkins advised if the useful life of the street has not expired, there would be no benefit to the existing residents to have it reconstructed. Mayor McKelvey then suggested the watermain be run in the boulevard and reconstruct the street when its useful life has expired. .~-- ..-... Regular Andover City Council Meeting Minutes - February 1, 1994 Page 14 (Woodland Pond 2nd Addition Sketch Plan, Continued) Mr. Stone then asked if water service will be provided for those on the south side of l42nd Avenue; and if so, will it be done by open cut or by trenching under the road. Mr. Carlberg suggested Staff discuss the options with the neighborhood and explain what is going on. Mr. Haas noted the jog on Quay will meet the ordinance requirement for distance. Discussion was also on the question of why Lot 22 is included as a lot. Mr. Haas explained it is up to the developer, but the developer is not buying the existing house. He will take a closer look at that lot to see what should be done with it, if it is in the flood fringe, and if it can be squared off. Council had no further comments. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, approval of Items: 11. Schedule Board of Review (April 14, 1994, 7 p.m.) 12. Hire Part-time Accounting Clerk (Joan Smith) 13. Approve Fire Department Election Results (Larry Capeling, Secretary) 14. Approve Kennel License Renewal/C. Nehrt dba Hobnail Dalmations, 16326 Verdin Street NW 15. Amend Ordinance 33 (See wording change below) l5a. Appoint Part-time Planning secretary (Brenda Holmer) 18. Receive Feasibility Study/Hills of Bunker 5th/IP93-l2 (See Resolution R018-94) DISCUSSION: Council was concerned with the ambiguity of the wording "a measurable snowfall". Frank Stone, Public Works Superintendent, suggested a specific amount of 1 inch be inserted. Something is needed in the ordinance so the Deputies will start to tag cars that should not be on the street. Another option would be to declare snow emergencies. He explained they generally do not plow until two inches of snow has fallen, and they can plow the entire City in nine to ten hours. Councilmember Jacobson ADDED TO MOTION: Item 15, strike the word "measurable" and insert "... two (2) or more inches of snowfall..." Second Stands. Motion carried unanimously. 1994 NORTH METRO MAYORS' ASSOCIATION DUES Mayor McKelvey stated he was told the dues would be $4,000, but the invoice is for $5,000. Mr. Sulander explained the dues is not the total amount that would normally be charged. It should be based on population; but as an incentive for Andover to join, the fee was lowered and has increased slightly every year. He also noted the City of Minneapolis does not have full membership, and that is why the dues are so much less. Also, no taxpayer money goes to the golf outing. ._--~-- --~--~---. ~ -,-.- -- Regular Andover City Council Meeting Minutes - February 1, 1994 Page 15 (1994 North Metro Mayors' Association Dues, Continued) Council expressed some concern with the cost of the dues and the high cost of management. Rather than spending the money on management, the Council preferred to see it spent on lobbying for the transportation issues, for marketing the northern cities and for community development. Mayor McKelvey reviewed the organizational structure of the Association and outlined some of the benefits he felt Andover receives from belonging to the Association. MOTION by Perry, Seconded by Knight, that we approve the additional $1,000 but that we also ask the Andover Mayor to address those concerns to the North Metro Mayors' Association. DISCUSSION: Councilmember Jacobson stated he will vote for membership one more year but will not be in favor of joining next year if the City does not see substantial benefit. He also objected to using public money to lobby public people. Motion carried unanimously. OPTION AGREEMENT/WASTECO PROPERTY Attorney Hawkins stated the City has an option on the 110+/1 acres south of the landfill and has until March 31, 1994, to decide to purchase it. He suggested an environmental review be done on the site and a decision made as to how to develop it. If the Council wishes to purchase the property, the issue of financing the purchase must be discussed. He felt Conestoga Rovers has the studies and information needed for an environmental review of the site and the City could contract with them for that review. All costs would be TIF expenses. The Council should also decide whether it will want to develop and market the area as was done with the commercial Park or whether it will request proposals and sell it to a potential developer. In reviewing the Tax Increment Financing Fund, there is no question the funds are available to acquire the property. The question is how to allocate the funds and whether or not to acquire this as a matter of public policy. Councilmember Jacobson questioned if there is enough interest to be able to develop a large commercial area. Mayor McKelvey felt there is, noting he has already received many inquiries. MOTION by Knight, Seconded by Jacobson, that we direct City Staff to contact Conestoga Rovers in regard to doing an environmental study for a reasonable amount. Motion carried unanimously. MOTION by Knight, Seconded by Perry, that we direct the Attorney to do some contacting of developers to get some indication of what it would cost and what details would be in terms of private development. DISCUSSION: Attorney Hawkins stated he would work with Mr. Casserly to put a proposal together. Motion carried unanimously. -_..- ..-..~- Regular Andover City Council Meeting Minutes - February 1, 1994 Page 16 MAYOR/COUNCIL INPUT MUSA Expansion Request - Mayor McKelvey informed the Council the Metropolitan Council has approved the City's request for 235 acres of MUSA expansion. PAYMENT OF CLAIMS MOTION by Jacobson, Seconded by Perry, the claims as presented this evening in the amount of $64,606.47. Motion carried unanimously. MOTION by Jacobson to adjourn. Motion carried unanimously. The meeting was adjourned at 11:25 p.m. Respectfully submitted, ~~:¥~L Recording Secretary . -. ----- ~ ~.... _n__