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HomeMy WebLinkAboutCC February 15, 1994 ~ CITY of ANDOVER Regular City Council Meeting - February 15, 1994 Call to Order - 7:00 P.M. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Proclamation-Volunteers of America Week Discussion Items 1. Continued Public HearingjWoodland Meadows Street Lights 2. Rezoning/Crown pointe & Crown pointe East, Continued 3. Special Use Permit/Steps of Success Homes 4. Jed Larson Sketch Plan 5. Amend Ordinance 8, Sections 4.04 and 8.23 6. Amend Ordinance 17 7. Adopt Ordinance 103/street Name Change 8. Receive Bids/1994 Equipment Certificates HRA Meeting 9 . 1994 CDBG Budget Discussion Reports of Staff, Committees, Commissions 10. Schedule Work Session Consent Agenda/Non-Discussion Items 11. Receive Feasibility Study/Indian Meadows/93-24 12. Receive Feasibility Study/173rd Ln, 174 th, Heather/9l-20 13. Receive Feasibility Study/pine Hills/93-l8 14. Award Bid/93-l0/SuperAmerica 15. Solicit Quotes/Lighting for City Hall Park Complexj94-1 16. Declare cost, Order Assessment RolljWoodland Pond 17. Accept Feasibility ReportjWoodland Creek 4th/93-3l Mayor-Council Input Payment of Claims Adjournment \ - - ._._--~---~-~.._------ ____·4~ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 15, 1993 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R019-94 receiving feasibility study/Indian Meadows/IP93-24 · · · · · · · · · · · · · · · · · · · · · 1 Resolution R020-94 receiving feasibility study/173rd Lane, l74th, Heather/IP9l-20 ............... · · 1 Resolution R02l-94 receiving feasibility study/Pine Hills/ IP93-l8 . · · · · · · · · · · · · · · · · · · · · · · · · 1 Resolution R022-94 awarding bid/SuperAmerica/IP93-l0 · · · · 1 Solicit quotes/lighting for City Hall Park/IP94-l · · · · · · 1 Resolution R023-94 declaring cost, ordering assessment roll/ Woodland Pond/IP93-l4 · · · · · · · · · · · · · · · · · · 1 Resolution R024-94 accepting feasibility report/Woodland Creek 4th/IP93-3l · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 PROCLAMATION - VOLUNTEERS OF AMERICA WEEK . · · · · · · · · · · · 2 CONTINUED PUBLIC HEARING: WOODLAND MEADOWS STREET LIGHTS · · · · 2 Resolution R025-94 abandoning project · · · · · · · · · · · · 3 REZONING/CROWN POINT AND CROWN POINTE EAST/CONTINUED · · · · · · 3 Motion approving rezoning request (failed) · · · · · · · · · 8 Motion authorizing Staff to develop findings of fact to deny rezoning · · · · · · · · · · · · · · · · · · · · · · 8 SPECIAL USE PERMIT/STEPS OF SUCCESS HOMES · · · · · · · · · · · · 8 Resolution R026-94 granting Special Use Permit · · · · · · · 14 JED LARSON SKETCH PLAN · · · · · · · · · · · · · · · · · · · · 14 AMEND ORDINANCE 8, SECTIONS 4.04 AND 8.23/0RDINANCE 17 Motion to approve the amendments · · · · · · · · · · · · · · 15 ADOPT ORDINANCE 103/STREET NAME CHANGE Motion to approve · · · · · · · · · · · · · · · · · · · · · · 15 RECEIVE BIDS/1994 EQUIPMENT CERTIFICATES Resolution R027-94 awarding bid to Firstar Bank of MN · · · · 16 SCHEDULE WORK SESSION (Feb. 24, 1994, 7:30 p.m.) · · · · · · · · 16 UPGRADE TO PUBLIC WORKS BUILDING TELEPHONE SYSTEM Motion to authorize upgrade and transfer $4,000 from 1994 Contingency Fund · · · · · · · · · · · · · · · · · · · · 16 MAYOR/COUNCIL INPUT Externalities · · · · · · · · · · · · · · · · · · · · · · · · 17 Neighborhood Crime Watch Program · · · · · · · · · · · · · · 17 PAYMENT OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 17 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 17 - - -- - - -.---+ ..~- - -.~- -. .~ ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - FEBRUARY 15, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on February 15, 1994, 7:00p.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 AGENDA APPROVAL Add Item lOa, Authorizing Upgrade to the Public Works Telephone System. MOTION by Jacobson, Seconded by Perry, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 11. Receive Feasibility Study/Indian Meadows/IP93-24 (See Resolution R019-94) Item 12. Receive Feasibility Study/173rd Lane, l74th, Heather/IP9l-20 (See Resolution R020-94) Item 13. Receive Feasibility Study/Pine Hills/IP93-l8 (See Resolution R02l-94) Item 14. Award Bid/IP93-l0/SuperAmerica (See Resolution R022-94) Item 15. Solicit Quotes/Lighting for City Hall Park Complex/IP94-l Item 16. Declare Cost, Order Assessment Roll/Woodland Pond/ IP93-l4 (See Resolution R023-94) Item 17. Accept Feasibility Report/Woodland Creek 4th/IP93-3l (See Resolution R024-94) MOTION by Perry, Seconded by Knight, to approve the Agenda Items 11 through 17. Motion carried unanimously. APPROVAL OF MINUTES February 1, 1994: Correct as written. MOTION by Knight, Seconded by Dalien, approval of the Minutes of February 1. Motion carried unanimously. (Y\~ ~ <Þ-- 3/;).1'1'( 0..5 Oc",-"".looc\ - ..- -------------..--. ---- --_..-- - Regular Andover City Council Meeting Minutes - February 15, 1994 Page 2 PROCLAMATION - VOLUNTEERS OF AMERICA WEEK Mayor McKelvey read the Proclamation claiming March 6 through 13, 1994, as Volunteers of America Week. CONTINUED PUBLIC HEARING: WOODLAND MEADOWS STREET LIGHTS 7:10 p.m. Mr. Haas reported the result of the new petition that residents were asked to sign: 25 in favor, 32 opposed, 20 who never signed the petition. He didn't have time to determine the location of those who signed the petition. Mayor McKelvey provided a brief background of the last two meetings, noting the attempt to compromise by dividing the project area; however, at the last Council meeting there appeared to be some confusion and conflicting information. So the Council organized a new petition for the entire subdivision. It appears now that they do not have a majority for the project, since the Council policy would mean 39 votes in favor to proceed. Craiq Valentv, 2105 l76th Lane NW - stated not all the residents received the mailing. Mr. Haas stated they checked the list with the records of the 1993 taxes. No letters were returned to City Hall. Mr. Vale~tv - stated there was an organized campaign to vote no in the neighborhood again, as people were forced to defend their position. He didn't think that was right, and some people backed off because they didn't think it was worth it. Chuck Labeaux, 2233 l73rd Circle - felt it is time to make a decision. There seems to be some confusion as to whether 39 yes votes are needed or a minimum of 39 votes. He questioned whether the City expecting a 75 to 90 percent voter turnout on this issue is realistic, drawing a parallel to the City elections where there was only a 10 percent voter turnout. He felt that is unfair. Mr. Labeaux argued the Council should make a decision to light the entire neighborhood. It is unfortunate that so many did not cast a vote; but by turning down the project, it is only delaying the inevitable. Those to the north predominantly voted no, but people will move and new people will come in. If some lights go in, people will see they are nice. Those who are opposed are dealing with the emotional issue such as watching the stars at night and the feeling of being in the country. The majority voting yes are more concerned with the hard facts of safety. Of the 77 homes in the neIghborhood, 45 of them have children. There are twenty 6 year olds, which brings new safety issues as they grow. He repeated it is a safety issue for the people and the children coupled with speed control, and he felt the issue of safety far outweighs the concerns of aesthetics. The Council does have the authority to install the lights. Lights are now required in all new developments; and this neighborhood shouldn't be any different. Mayor McKelvey again briefly reviewed the Council attempt to compromise and the policy of wanting a majority in favor before ordering a project. The Council will not force the neighbors to install the lights. - --- ---- -,- Regular Andover City Council Meeting Minutes - February 15, 1994 Page 3 (Continued Public Hearing/Woodland Meadows Street Lights) Mr. Labeaux - stated they do not have 39 against either. He felt it is impractical to require such a high turnout, again noting the Council does have the authority to install the lights and to make it safe. The emotional argument does not outweigh the safety factor. He didn't think cost was ever an issue. Marcie Sposito, 2023 l75th Lane NW - voted no. They moved there two years ago because of the privacy and the darkness at night. If they had wanted lights, they would have moved to the Hills of Bunker Lake area. They moved not expecting it to change but to stay the way it is. Personally, she didn't think children should be playing in the streets. She didn't see how street lights will prevent accidents like that. She said nobody should be forced to have something they don't want; but she did not understand why the proposed compromise did not work, which would have made everyone happy. Mayor McKelvey stated the latest petition shows a change of votes, that more on the northern end of the development voted in favor than before. Jerrv Sobieck, 2159 l72nd Avenue NW - felt the safety issue is paramount in the area with 55 mph speed limits. will the street lights make it so that the speed limit can be adhered to? He questioned why they have to petition to get the Department of Transportation to do a speed study. If a study is done, would the neighborhood be split or would it be for the entire neighborhood? He felt someone has a better chance of being hit by a speeding car with or without lights. Mr. Haas stated they like an indication from the neighborhood that they would like the speed limit reduced before a speed study is ordered. MOTION by Jacobson, Seconded by Dalien, to close the public hearing. Motion carried unanimously. MOTION by Perry, Seconded by Jacobson, the Resolution abandoning the improvement of street lighting, Project 93-8, in the Woodland Meadows area, deleting the third "WHEREAS, the majority of the people opposed the improvement on the north end. . . ", and delete the last portion of the last paragraph, "for the north half and reschedule..." (See Resolution R025-94) Motion carried unanimously. Because the speed limit could not be raised in this area as a result of a speed study, the Council directed Staff to begin that process. 7:34 p.m. REZONING/CROWN POINTE AND CROWN POINTE EAST, CONTINUED Mayor McKelvey gave a background of this item and then read a letter dated February 15, 1994, from Michael Sullivan, Chairman of the Anoka- Hennepin School Board expressing concern over continuing development and the ability of the school to house the additional students. With the defeat of the bond referendum, the District has established a task force to consider alternative scheduling such as year-round schools, split - - -"- -- - - - -" -~ .~. - Regular Andover City Council Meeting Minutes - February 15, 1994 Page 4 (Rezoning/Crown pointe & Crown pointe East, Continued) shifts or alternative uses of existing buildings; but a recommendation could not be in place before the fall of 1995. Mr. Sullivan also cautioned that developers need to be aware that the location of schools to serve those homes have not been determined and may be well outside the City of Andover. Mayor McKelvey expressed frustration, as before applying for the 235-acre MUSA expansion, he met with the school district and was told they do have the space for the additional children. The school district has been aware of the City's development plans; the principal at Andover met with him in this building. Steve Jonak - explained he had brought the issue up at a boundary committee meeting, and the school board was not aware of this proposed rezoning. Mr. Sullivan stated he would bring it up at the Board meeting Monday (yesterday) and get a letter to the City for tonight's meeting. He was not even at yesterday's meeting. Mr. Jonak argued that there is poor communication with the school district, and the letter indicates they want to work with the City. He felt this is not being handled property. The children will suffer because the schools are at capacity now. This rezoning increases the number of houses from the 30 allowed now to 159, and increases the number of additional children from 60 to over 300. Those children will not be going to Andover. The Mayor stated he was assured there are facilities for the additional children. Mr. Jonak - argued not according to the letter. Both of the elementary schools in Andover are at capacity, and they are talking about shipping children to other schools in other cities, or year-round schools, split shifts, etc. They may try to pass another bond issue; and if it passes, it would be at least two years before there would be any relief in the school system. He feels the rezoning at this time is putting too much pressure on the schools. The school district is talking about converting the art and music rooms to classrooms to add more space, which is deteriorating the education for the citizens living here. There are over 500 lots available to build on in Andover now. There is no limit on the number of building permits that are issued each year, which is unlimited growth. The budget is based on 330 home, and the fast growth is already taxing Staff to the limit. He felt the problem is out of control; and the City Council is the only body that can control the situation. Mr. Jonak continued just because the sewer pipe is in the ground doesn't mean that it must be the driving factor for development. He thought the Council needs to look at the schools, the police and fire issues before doing any more rezonings. The City is at capacity now. Mayor McKelvey noted several options such as holding kindergarten classes elsewhere and bringing in up to 20 portable classrooms to Andover if necessary. Mr. Jonak emphasized the fact that the schools are at capacity and the City should take more time to work with the School District. Again, he noted the Council is the only group that can control the growth in the City. By continuing the unlimited growth, the people who live here are the ones who will suffer. Just because the Met Council approved the MUSA expansion doesn't mean the City can develop as quickly as possible without having to worry about the schools. - -- --- - --~_.. ~ ~.~. ~ -.-- ---~.~.- Regular Andover City Council Meeting Minutes - February 15, 1994 Page 5 (Rezoning/Crown pointe & Crown pointe East, Continued) Dave Grorud, 14545 Palm Street - was also concerned about controlling growth so it doesn't harm the children. Moving to three or four different schools in as many years is not healthy for the children. Some residents are disillusioned feeling the Andover Council is for development no matter what. He asked for an answer from each Councilmember why they would vote for or against the rezoning and what their vision is for Andover. He didn't think it was fair for the Council to expect a certain type of community and school system when the residents have a different opinion. If the growth continues, Andover will look like a Coon Rapids or Fridley. He felt most people moved out here not expecting that high density. Now is the time to say there is no need for further rezoning to bring in more homes, more families, more children because the facilities are not available for them. It is not as though there is a crying need to develop more R-4 at this time. It has come down to a growth issue and what is the vision for Andover. Ed Gritton - across the street on prairie Road. He was concerned because he did not receive a notice of this meeting, and he is directly affected. Staff explained at the last hearing it was agreed that Staff would contact two people when this item was to be discussed again, and those two would contact other interested residents. Mr. Grorud - stated the letter to him was sent certified mail, but he has not yet received it. He heard about this meeting through Mr. Jonak. He didn't think one week was enough time, asking why this has to be rushed through. Mr. Carlberg explained the letters were mailed by certified mail the day the applicant asked to have his request put on the Agenda. Mr. Jonak indicated he did not receive written notice from the City. Mayor McKelvey stated the developer requested this be tabled until the 235 acres of MUSA expansion was approved. It has been approved, and he now has the right to ask for this to be put on the next Council agenda. Mr. Gritton - again argued he should have been notified because he lives directly across the street and this does affect him. Mr. Carlberg pointed out this is not a public hearing. Notices were mailed to those within 350 feet of the project area for the public hearing which was held by the Planning Commission. Mr. Gritton - stated he was notified for the public hearing, but that was held by the Planning and Zoning Commission which doesn't have the authority to make that change. Mr. Jonak - stated the proposed Comprehensive Plan calls for this area to be developed in the 1990-1995 time frame. Because of the lack of coordination, he didn't see a problem waiting until 1995 to look at expanding the MUSA. The City built 514 residential houses last year, and there are 500 available lots without these two development. This is out of control and it is time to put a limi t on growth and tie all things together. By 1995 the City should be able to give the developer an answer as to whether or not he can rezone to a higher density, or he can develop to 2.5 acres home sites right now. - -- --. - - - - ._-~ -_. - - Regular Andover City Council Meeting Minutes - February 15, 1994 Page 6 (Rezoning/Crown pointe & Crown Pointe East, Continued) Mr. Jonak - noted the developer was the mayor when the sewer was extended. He did not think the sewer should be the major factor in the City. He is here because of the children, as everyone is in for a rough couple years because of the unlimited growth. Jerrv Windschitl , Ashford Development Corporation, Inc. - noted the reasons for the rezoning request as stated in an October 5, 1993, letter: 1) It is consistent with the proposed Comprehensive Plan; 2) It is consistent with the now approved MUSA expansion; 3) The adjacent property on the south and west are zoned R-4; 4) The adjacent property to the north has requested to be included in the MUSA expansion; 5) It is consistent with the sewer and water plans; and 6) There will be no assessments or costs for the areas outside his development. He noted a seventh item should be added; 7) This is the only parcel in the history of the Metropolitan Council that has had environmental people look at it. This has been reviewed from every aspect and has been approved. He asked that this request be treated like the approximately seven more that will be coming before the Council, those areas that were included in the 235-acre MUSA expansion. Councilmember Perry favored the rezoning because the property is contiguous to the developed area. It is a natural expansion. She didn't think it is fair to say that this Councilor any other supports unlimited growth. The City has done a good job of staging growth. They have an obligation to see to it that the hardware in the ground is paid for. The concerns of the schools and traffic are very valid; but she noted that her children were moved every year for several years, that that is not an unusual situation for Andover. She expected as Anoka County grows, the school district will have to transfer children from their immediate neighborhood to other neighborhoods. Councilmember Dalien supported the rezoning because the increase in homes does not automatically mean an increase of 300 children. It takes a while before a plat is fully developed; and many of the families moving into Anoka County are young families with smaller children or no children at all. He does not support unlimited growth, but he feels the City has done an adequate job in staging growth. He understands that adding 550 new homes is taxing to the Staff. It is something he is concerned about, and he would be willing to look at limiting the number of new homes in Andover in a particular year. But limiting the number of lots is not necessarily the way to do it. He'd prefer to look at limiting the number of building permits but still allow development. It is nice to have a selection of lots, not limit the next 500 people to the particular 500 lots now available. Councilmember Jacobson noted he has raised the issue of externalities before, which has not yet been heard by the Planning and Zoning Commission. Development should not be stopped, but there must be adequate plans to take care of it in terms of police, fire, schools, sewer and water service, etc. He read some selected statements from Mr. Sullivan's letter on the school issues and related what that may mean Regular Andover City council Meeting Minutes - February 15, 1994 Page 7 (Rezoning/Crown Pointe & Crown pointe East, Continued) for the residents in Andover. He will oppose the rezoning tonight, recognizing that he will then have to oppose any other requests that come in this year. He felt the school issue is relevant right now, with police and fire being a concern within a few years. Mr. Windschilt's property is proposed for 1990-1995 development. He felt the development should be delayed by one year to provide the school district enough time to go out for another bond issue or come up with other alternative plans. He would vote in favor of the rezoning next year. He wants a plan for growth, not to stop it. Councilmember Knight was also concerned with the items raised by Councilmember Jacobson. To him the letter from Mr. Sullivan was very explicit, and that the developers of the land and new home owners need to be aware that the location of schools to serve these homes have not been determined and could be well outside the City. He believes in neighborhood schools, particularly for the younger children. He doesn't think unlimited growth is good for anything, feeling it needs to be looked at. The demand can outstrip the ability to serve, and there is a very real need to look at this systematically in terms of development. A year from how his feelings may change depending on what the school district does. Mayor McKelvey stated he has met with the school board and with Staff in the district, and they assured him before going to the Metropolitan Council that they had the space for the students. He disagreed that there are 500 lots available in the City, as many of them have development constraints -- they are not buildable, are owned by adjacent property owners with no intent to develop, or there is a problem with financing. He predicted if no other lots are added, the City won't see 300 building permits this year. Mr. Jonak - argued that won't be a problem because the budget is based on 330 homes. He also argued that he obtained the facts before coming to the meeting and was told by Staff that 500 lots are available in the City. Mayor McKelvey pointed out his children also went to three different schools in three years when he first moved out here. Mr. Jonak - stated the only reason he is involved is because they are looking at full-year schools or split shifts to relieve the problem. The result is poor-quality education, and he is adamantly opposed to that. Postponing the rezoning for one year would allow time for the schools to catch up. Mayor McKelvey also stated that without the continued expansion, the bond payments for the sewer line already in the ground would add about $80 to homes of about $100,000 in value to cover the cost of the bond. The argument continued between Mr. Jonak and the Mayor as to their opinions and reasons on the issue. Mr. Jonak felt the 514 houses built last year more than offsets a slower year this year, worrying that nobody in the community is taking charge of the growth which is out of control, and agreeing with Councilmembers Knight and Jacobson to stop the rezonings for a year until all facts are known. The Mayor ..---- -_._~.~- - -.-- ---.-. McKelveyRegular Andover City Council Meeting Minutes - February 15, 1994 Page 8 (Rezoning/Crown pointe & Crown pointe East, Continued) argued the school has been aware of the City's development plans, that he has been told there is space in the schools, not wanting the citizens to have to pay the bonds for the sewer lines, and disagreeing these developments will harm the citizens who live here now. Mr. Windschitl - asked if the letter from Mr. Sullivan was written from him personally or as a representative of the School Board. He asked that the rezoning be judged according to the Andover ordinances, not according to a letter which arrived this evening. Councilmember Knight stated it was written as Chairman of the School Board and assumed it is coming from the School Board. MOTION by Perry, Seconded by McKelvey, the Resolution approving the rezoning request of Ashford Development Corporation, Inc., to rezone property located in Sections 25 and 26 from R-l, Single Family Rural, to R-4, Single Family Urban, as presented. VOTE ON MOTION: YES-McKelvey, Perry; NO-Dalien, Jacobson, Knight Motion failed. A"'l~d.J. l-~"f'1 Co...,,~~\ - 9' '!U/'f"I MOTION by Jacobson, Seconded by Dalien, that the Cityl.s C9\HlG:il , in conjunction with Staff, be authorized to develop some Findings of Fact in the denial of the rezoning for Crown Points East and West, and the Staff present those Findings of Fact at the next Council meeting for our voting on them and getting them back to the developer. Motion carried unanimously. SPECIAL USE PERMIT/STEPS OF SUCCESS HOMES Mr. Carlberg reviewed the Special Use Permit request for Steps of Success Homes to operate a group foster home for 14 girls, ages 12 to 17, at 16676 Valley Drive. The home been operating at 4100 l60th Lane since 1991. Mayor McKelvey read the following letters for the record: February 15, 1994, letter from Mrs. Lowell Hazel Jensen supporting the request; Letter from Joe Tarnowski stating there have been no problems with the operation at its current location; Letter from Robert L. Heliker, 16804 Valley Drive, opposing the request; and a letter from Stephen H. Munstenteiger, Attorney representing Dallas and Carroll Felegy and Dan and Becky Voss, opposing the request. He also read sections of the State Statute and Andover's Ordinances which affect the request. Mr. Carlberg noted the P&Z recommended approval of the Permit with seven conditions. After talking with the Building Official and applicant, he is recommending Item 8 be added, that is the applicant would escrow 150 percent of the cost of the enlargement of the septic system. The current Special Use Permit is for 10 girls maximum. He stated the use is allowed in a residential district with a maximum of six girls; a Special Use Permit is required for any more. The provisions of Ordinance 8, Sections 5.03 and 7.03 were the basis for the other group home permits issued in 1991 and in 1989, and this is consistent with those Permits. -.- ----- - -_.'~-_. - -._- _.._.~-- .. Regular Andover City Council Meeting Minutes - February 15, 1994 Page 9 (Special Use Permit/Steps of Success Homes, Continued) Kim Jahn - gave an overview of their program. They have been operating in Andover for six years, operating for three years before any of the neighbors knew they were different than the next-door neighbors. They did have a letter from the City allowing their operation before the City decided a permit was needed. They have been doing this for 12 years. The residents to go the public school every day and go through a very structured behavior modification program. Each month they are scored on reaching their goals within the five-step program. The ultimate goal is to get them back home if the home is a safe environment, to get them back into the community and to be successful. They are delinquent girls, but she personally screens each girl before coming to her home. She has to consider her own family first to make sure it is a safe environment for them also. Her residents have never done anything to any one else's property. Since last Tuesday they have been harassed in many different ways which she feels is unjust, but she did not care to elaborate. They live one mile from the new property, and there hasn't been a problem. She was going to get statements from their current neighbors, but the opposition got to them first to see if they could get information on them. The Deputy has stated the pictures that were taken of some of the girls is a breach of confidentiality and cannot be used. Ms. Jahn continued they are a private non-profit organization. Because they are non-profit, the counties are reimbursed 60 percent from the federal government. They are paid per client from the county, and every year they have to go through the program plans with a line-by-line budget which is approved by the Anoka County Commissioners. She and her husband draw a salary, plus they pay for the staff. Everything is done through their attorney and accountant. They must have continuing education credits annually and are inspected annually by the Anoka County Health Department and their licensing agency. They already have a permit; and based on their history, she didn't see a problem with moving the license one mile away. Ms. Jahn explained the 60-square-foot requirement is for a multi-use bedroom. They are moving to a new home because they want more space for their family. The house is double the size they currently operate, but they are only asking for an additional four girls, for a maximum of 14. They meet the code. They are not a residential treatment facility. This is their home, and they provide basic foster care. Councilmember Knight was not clear on the business portion. Ms. Jahn asked what that has to do with the Permit. There are other home-based businesses in that area. The corporation could have purchased the house so it would be tax exempt, but they chose not to do so. They are a corporation which is non-profit; it is very monitored. Robert Heliker, 16804 Valley Drive NW - asked why are they moving. Does the 16 girls include their family? He was also concerned about the sewer. There is a lot of wetland, so it would be difficult to enlarge the sewer. He didn't think the sewer could handle that many people. Who will determine that the sewer system will handle it? Regular Andover City Council Meeting Minutes - February 15, 1994 Page 10 (Special Use Permit/Steps of Success Homes, Continued) Dan Voss, 16630 Vallev Drive NW - stated it was his wife who took the pictures. He presented pictures to the Council of the present location and the proposed location to show the proximity to existing structures. The photo with the residents has been mailed with the negative to the Department of Correction, Dave Johnson. Concerning their non-profit status, they could find no record regarding any financial statement. He stated this is not a rest home or a day-care facility; it is a correctional facility. He didn't think it could be considered a good use in an R-l zone. The zoning is in place for a reason, and he is asking the Council to follow what has already been discussed. Should this be passed by the City Council, he has learned from Mr. Johnson that he would be entitled to a copy of their policy and emergency plan. He would also be within his right to have the Jahns or someone other than himself provide a permanent screen between his residence and theirs-- not trees or shrubs but something to provide a buffer zone between this property and his. He reminded the City Council that as of December 6, 1993, no new septic systems can be installed until further notice due to the frost condition. Bud Holst, 4276 l65th Avenue NW - noted Andover has no specific ordinance that deals with a group foster home licensed by the Department of Corrections, which brings those types of problems. The handling of this issue to date by Andover is what makes people cynical of government, that is placing rights and welfare of the majority secondary to the special privileges of a few. He resented the fact that there was an apparent attempt by Staff and a few of the Planning and Zoning Commissioners last week to deify the Jahns. This is a family business. He also resented the attempt to ramrod the business into their neighborhood in spite of and in direct opposition to the position of the neighborhood. He noted the vote on the Planning and Zoning Commission was not unanimous, then spent some time reviewing the comments of the Commissioners as noted in the draft Minutes from that meeting, inserting his own opinions of agreeing with those who voted against the Permit and opposing those who favored the Permit. He questioned the amount of homework done on this issue by Staff and the Council. The Staff had commented there will be no negative impact on the new neighborhood. Mr. Holst argued if it was any other business, an Environmental Impact Statement would be required, putting the burden of proof on the new people of what effect it will have. Mr. Holst continued noting statements made by Ms. Jahn at both the 1991 hearing and the hearing last week, countering with things witnessed by others or statements made by neighbors that discredited Ms. Jahn' s statements, specifically on the issue of 24-hour supervision, the playing of loud and acid rock music, and yelling by Mr. Jahn. He stated the fact that those in the new neighborhood have done their homework should not be construed in any way as harassment. He theorized the discrepancy between Ms. Jahn's statements and what they learned may be the result of lying by the Jahn's, a different interpretation of the issues, or that the Jahn's may not be as good in supervising as they say they are. - .-- -- ---_._~ -~- - - Regular Andover City Council Meeting Minutes - February 15, 1994 Page 11 (Special Use Permit/Steps of Success Homes, Continued) Mr. Holst went on that there is a difference between a charitable organization, which everyone seems to assume this is, and a non-profit organization. A non-profit organization does not mean there is a cap on income levels, nor that there is a minimum percentage of gross revenue that must be spent in a charitable manner. But it does allow for the build-up of retained earnings; and he charged that these are not people donating their time and resources in an altruistic project. It is a family business using the misfortune of some young girls in an opportunist way to generate huge amounts of cash. They pay themselves enough money to eat up all the profits. Last week the Jahn's realtor testified the house was the only house in Andover that would accommodate the lifestyle the Jahns would like to have for themselves and the girls. He asked how relevant should their craving for a high-buck lifestyle be at the expense of their new neighbors, and he questioned the motives of the realtor making money on both the buying and the selling of the Jahn's residences. Mr. Holst stated the council is obligated to consider the effect on surrounding property values when issuing Special Use Permits. A statement made when he felt Council made a mistake in applying existing law was that there would be no negative impact on surrounding property values. He charged it may not negatively affect the values in the assessor's office, but he felt it does affect the sale price, which is what those in the surrounding community is concerned with. He has called a number of realtors and appraisers, and unanimously they say there will be a negative impact on resale value; but none are willing to sign their name because they fear reprisals. In checking with people in other communities who had these types of homes move next to them, there was only one person willing to say something for the record. He lived near a residence in Blaine and felt he had to take a $10,000 devaluation on the price of his home in order to sell it. He then went to the City of Blaine to have his taxes abated as a result of the devaluation, and the City Assessor was willing to consider it. Mr. Holst stated there seemed to be a concern expressed by Staff at the Planning Commission meeting of a lawsuit if the Permit is not granted. He submitted that maybe there should be consideration for the fear of legal action if it is granted, because there seems to be no solid legal basis on which to do so. when considering the majority, it should be turned down. At the minimum it should be tabled for six months until the Council can get all the facts or until someone has a chance to verify the unsubstantiated claims by the Jahns. Marvin Christenson, 4065 l65th Avenue - stated it is important to take into the account the rules as a basis for making a decision -- the ordinances in place and the definition of terms within those ordinances. He felt if the ordinances are used, the Council will find the request should be denied. Councilmember Knight asked several more questions about the non-profit issue of the group home. _ ..._ .. _ 4 ~... . _ Regular Andover City Council Meeting Minutes - February 15, 1994 Page 12 (Special Use Permit/Steps of Success Homes, Continued) Ms. Jahn - stated she would be happy to provide the financial statements from their accountant plus a line-by-line budget from Anoka County as to where every penny is spent. She is not that familiar with the financial end and suggested meeting with their attorney or accountant for some of this information; but she didn't know where that enters into the Special Use Permit. Nobody else works seven days a week, 24 hours a day on the job like they do. There is an increase in income, but there is an increase in expenses also. Every penny is accounted for. They are monitored by the county and the IRS. In responding to the charge of loud yelling and acid rock music, she can't stand it herself and does not allow it to be played. Her son was six years old when he picked the neighbor's raspberries, and she paid that neighbor $50 for the damages. It wasn't one of the girls that picked her raspberries. She detested the attitude and the comments of the people this evening, stating they have shown a real disrespect and immaturity since this whole thing started. A woman was concerned about the number of people who will be supervising these children. After a brief exchange, Ms. Jahn stated she would not answer that question. Mr. Carlberg reminded the Council a group home of up to six residents is a permitted use in a residential district. The Council is deciding on the additional number of residents, the moving of the Permit from 4100 l60th Lane NW to 16676 Valley Drive NW and an increase of four residents. Councilmember Jacobson stated the sewer system is not an issue, as it will be taken care of. As to the appropriateness of the group home in a residential area, the Council made that determination in 1991 when granting the permit for the existing house. That is not an issue that needs to be decided again. He was not intimidated by threats of lawsuits by either side, and they will not influence his decisions. He deferred the issue of the devaluation of property values to Councilmember Dalien who works in the Anoka County Assessor's Office. The City Planner has not received any complaints from the operation in its current location for the last six years. It doesn't mean the neighbors haven't had problems, but that they just haven't reported any. But he has children and recognizes they do do things wrong at times. Unless something has been done to involve the police or warrant a formal complaint to the City, he assumed it is a fairly well-run operation. Traffic and parking may be an issue worth considering if there is a lot of visitors on a Sunday. He felt the real issue is does the City Council intend to allow the move of the license from its current location to a new location to a larger home and for what reason. Moving to a bigger facility will mean more room, but also more people. Is the reason for moving valid to stir everything up. No matter what the decision, the Jahns currently have a licensed facility which they would be allowed to continue to operate, so due process is not being denied. Ms. Jahn - stated their children have grown up with the residents in their home. But her children are growing up and they need more space and more privacy -- the girls do, her children do, she does. Should she -~ __ _______·_4____ _ ___ _.~._._ .. Regular Andover City Council Meeting Minutes - February 15, 1994 Page 13 (Special Use Permit/Steps of Success Homes, Continued) be denied a home in their big-bucks neighborhood? Does she not qualify to their expectations of the neighborhood? Hasn't she worked long and hard all her life too? Is it wrong that she should work hard and make a life for her family and be kind enough to extend her time to other children? It wouldn't be worth it to go through this if she didn't feel they needed it for their family. She added that their present home sold for 20 percent more than when they bought it six years ago because it was a mess when they first bought it. They will also need to invest another $20,000 worth of improvements in the home on Valley Drive, because it too is a mess inside and out. Attorney Hawkins advised the Council must base its decision for issuing Special Use Permits on the criteria set out in the ordinance, not on what is popular and what is not. Those reasons, the Findings of Fact, must be specifically set out. Councilmember Dalien can't speak to whether or not this will impact the neighborhood, but he reviewed how the assessors arrive at the values placed on everyone's homes noting the constant monitoring of the market on sales of like properties within the county. He didn't know what impact this type of situation would have on house values. He did live within a block of a facility like this in Wilmar, and he never had any problems with it. He owned the house for six years during which time the valued doubled. Councilmember Perry was concerned about the septic problems and is now satisfied that it will be addressed through the Building Department. The other issue she was concerned about was whether or not the existing facility had created problems for the City or for the neighborhood. She has not seen nor heard anything at the current location that they have caused problems other than the normal problems of a child venturing into a neighbor's yard on occasion, which she felt has happened to everyone. She read the introductory statement from the State Statute, that it is the policy of the State, and she hoped of the City, that handicapped persons and children should not be excluded by municipal zoning ordinance or other land use regulations from the benefits of a normal residential surrounding. Councilmember Knight asked several questions of Ms. Jahn. Ms. Jahn - stated all of the residents are in main stream schools. No resident is accepted unless they can function on the main stream level. They are required by the State Department of Corrections to integrate these girls back into the community. They can go to school, on a job. When they have earned a level, they can walk to the store in the ditches or shoulders. The 24-hour supervision is they do not leave the house with all the children there. They are like anyone else's kids. During non-school hours there are two or three supervisors. The licensed psychologist comes on Wednesdays and bills them or bills for individual sessions separately. They have one full-time staff besides her husband and herself; however, they are in the process of getting permission to add another staff member when they move to Valley Drive. The 1994 budget will need to be amended with the increase in residents and staff, subject to the approval of the county. Regular Andover City Council Meeting Minutes - February 15, 1994 Page 14 (Special Use Permit/Steps of Success Homes, Continued) MOTION by Perry, Seconded by Jacobson, the Resolution granting the Special Use Permit request of Steps of Success Homes, Inc., to operate a group foster home at 16676 Valley Drive NW, and include in that Resolution the Staff recommendation for Condition No.8, that the applicant shall escrow 150 percent of the cost of expansion of the septic system. (See Resolution R026-94) DISCUSSION: Councilmember Perry noted the basis for the approval is as set out in the Staff recommendation. VOTE ON MOTION: YES-Dalien, Jacobson, Perry; NO-McKelvey, Knight Motion carried. The Council recessed at 10:03; reconvened at 10:10 P.M. JED LARSON SKETCH PLAN Mr. Haas reviewed the proposed sketch plan of five 2. 5-acre lots presented by Jed and Peggy Larson, noting the Andover Review Committee's comments. The Planning Commission is recommending the sketch plan as presented; however, the Fire and Sheriff's Department is concerned with the long cul-de-sac. The ordinance requires that they look at the future development of adjacent property, and the Review Committee has suggested an alternate where the cul-de-sac would be extended to the west property line as l66th Lane NW. The western property is in Ag Preserve; however, the eight-year decertification can be requested at any time. Mr. Haas also pointed out other areas in the City where provision should have been made to provide a road to adjacent property and where there are long cul-de-sacs that create a problem with snow plowing. He felt the concern is more with the access issues than with the length of the cul-de-sac. Mayor MCKelvey reviewed the history of the parcel, noting the Larson's original desire to obtain a building permit, the City refusing to grant the permit or to give permission for a blacktop road, and the City's request to plat the property with a cul-de-sac. Mr. Haas noted the alternative does add to the expense of the road plus one lot is lost. Jed Larson - had a letter from the property owner to the west indicating the property is in Ag Preserve and that they are not planning to develop it. The turkey operation on that 540 acres of land has been turned over to the sons. There is no access problem to that western property for future development. The Committee proposal will increase his expenses and takes away one lot. Councilmember Perry stated one of the goals is to attempt to get a continuum of east-west streets in the City. Mr. Larson - stated he was given four alternatives by the City for the developing of his land, and this is the one he chose. Having a street to the west was not one of those alternatives. The City is forcing him to do something he doesn't want. - .---- -- - ------..--- --- Regular Andover City Council Meeting Minutes - February 15, 1994 Page 15 (Jed Larson Sketch Plan, Continued) Ken Slvzuk - stated historically the City has allowed many cul-de-sacs. Mr. Larson, who didn't want to develop in the first place, is being forced to put in blacktop streets and now the City wants to take away one of the lots. He did exactly what he was told, and how the City comes back with another change. The property to the west has all kinds of road access. The Council stated the Staff is doing what is required, that is looking at all possibilities and presenting options. Dick Tavlor, Mr. Larson's father-in-law - stated this has been going on for a year, and all they want to do is to build a home in the back. They do not want to develop the property but is doing so because the City won't give them a building permit. He expressed frustration over the entire process, and now this new proposal. The Council agreed with the sketch plan as proposed by the Larsons with the cul-de-sac, given the history of the piece and the choices he was given. Mr. Haas explained the intent would be to do the street under the 429 procedure so benefitting neighboring parcels would be assessed as well. AMEND ORDINANCE 8, SECTIONS 4.04 AND 8.23/0RDINANCE 17 Mr. Carlberg reviewed both changes. Dave Almgren, Building Official, explained the change in Section 4.04 (C) was required by the Fire Department to bring Ordinance 8 into compliance with the Fire Code. For homes less than 150 feet from a road, the Fire Department would be able to reach the home with hose from the street. There was some confusion on the part of the Council over the terms "access drive" and "driveway" in Ordinance 17. It was suggested the wording be clarified. It was also noted the ordinance calls for a water resistant surface, and Class 5 meets the requirements for a resistant surface. MOTION by Jacobson, Seconded by Perry, introducing the ordinance changing Ordinance 8, Section 4.04 and 8.23 as presented to the Council this evening. Also move the amendment and adopt the changes to Ordinance 17, Item No.6 on tonight's agenda which is a companion with this No.5. Motion carried unanimously. ADOPT ORDINANCE 103/STREET NAME CHANGE MOTION by Jacobson, Seconded by Knight, the Ordinance as presented. (changing street name of Ivywood Street and Heather Street to l38th Lane NW between Lots 1 and 4, Block 2, Woodland Creek 3rd Addition). Motion carried unanimously. ---- - - ~ -- Regular Andover City Council Meeting Minutes - February 15, 1994 Page 16 RECEIVE BIDS/1994 EQUIPMENT CERTIFICATES Attorney Hawkins noted the receipt of three bids for the 1994 Equipment Certificates from Northwest Bank, Firstar Bank and GE Capital Public Finance. The lowest interest rate was bid by Firstar, 3.55 percent for the certificate to March, 1995, and 4.25 percent for the certificate to 1999. He recommended awarding the sale to Firstar Bank of Minnesota. MOTION by Knight, Seconded by Dalien, the Resolution as presented (awarding the bid for 1994 Equipment Certificates to Firstar Bank of Minnesota at an interest rate of 3.55 percent to March, 1995, and 4.25 percent to 1999). (See Resolution R027-94) Motion carried unanimously. The Council recessed at 10:45 to convene an HRA meeting; reconvened at 10:52 p.m. SCHEDULE WORK SESSION The Council agreed to hold a work session on Thursday, February 24, 1994, at 7:30 p.m., at the Andover City Hall. AUTHORIZE UPGRADE TO PUBLIC WORKS BUILDING TELEPHONE SYSTEM Mr. Sulander reviewed the request to upgrade the Public Works building telephone system. The cost is $4,000 more than budgeted in the 1994 Water and Sewer Budgets. The option would be to lease/purchase the equipment from AT&T to upgrade the system to a Merlin Legend Digital telephone system at a monthly cost of $224.65 for 60 months or to authorize an additional $4,000 to purchase the system. For $1, the City would own the equipment at the end of the 60-month leasing period. After Council discussion, it was determined purchasing the system is the most economical. It was agreed the additional $4,000 should be taken from the Contingency Fund for this. If funding becomes a problem later in the year, consideration may be given to financing this from the PIR Fund. MOTION by Jacobson, Seconded by Dalien, that the City Council authorize the upgrading of the Public Works telephone system to a digital system for the approximate price of $10,000. The money will be $3,000 to come from the 1994 Water Budget, $3,000 from the 1994 Sewer Budget, and $4,000 from the 1994 Contingency Fund; and that we authorize the Mayor and/or Administrator to sign such documents that may be necessary to purchase and install the equipment. Motion carried unanimously. .. , -.-. -. - ._4_·... - --- -.... Regular Andover City Council Meeting Minutes - February 15, 1994 page 17 MAYOR/COUNCIL INPUT Externalities - Mr. Carlberg reported he is still in the fact-finding stage, noting the Planning Commission will be discussing the item shortly. Councilmember Perry was under the impression that these were the concerns that were to be addressed by the Metropolitan Council and was frustrated that it had not been done. Mr. Carlberg felt many issues could be resolved if the Council would meet with the councils of the neighboring cities. Neighborhood Crime Watch Program - Councilmember Knight asked that a renewed effort be made to invigorate the Neighborhood Crime Watch program. Mr. Carlberg stated the Anoka Area Chamber of Commerce is getting involved with the crime issue. He will look into the matter further. PAYMENT OF CLAIMS MOTION by Perry, Seconded by Dalien, that we approve the total claims of 2-8-94 of $30,910.38 and 2-15-94 of $197,950.79, for a total of $228,861.17. Motion carried unanimously. MOTION by Knight to adjourn. Motion carried unanimously. The meeting was adjourned at 11:27 p.m. Respectfully submitted, \\\~ ë:<~0L Marcella A. Peach Recording Secretary _ __ ___~. _ ___~ .. _ 4 _.__