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HomeMy WebLinkAboutCC May 17, 1994 CA CITY of ANDOVER Regular City Council Meeting - May 17, 1994 Call to Order - 8:01 P.M. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public Hearing/Pine Hills Addition/93-18 2. Variance/McDonald's 3. Revi.ew Schmitt/Allen Sketch plan 4. Downtown Center 2nd Addition Sketch plan 5. Rezoning/Section 22/City of Andover 6. Pheasant Glen Discussion/Hokanson Development 7. 'No parking' Signs/Cul-de-sac;Woodland Creek 3rd Closed Meeting With Attorney EDA Mecting 8. Expand TIF District 9. Order plans & Specs/Commercial park/94-13 10. Andover Park Complex #2/Commercial Park 11. Purchase of Auto Salvage Yards Reports of staff, Committees, Commissions 12. Septic Inspection Discussion 13. Accept Eauestrian Council Resignation & Appoint New Member 14. 15. Approval to Hire Engineering Intern 16. Reclassify Building Inspector Position Non-Discussion Items/Consent Agenda 17. 18. Adopt Resolution/SWMCB Environment Procurement Policies Cont. 19. Reserve Fund Balances - 12/31/93 20. Approve Final Plat;Woodland Creek 4th Addition 21. Approve Final Plat/Hills of Bunker Lake 5th 22. Approve Assessment Abatements 23. Accept Feasibility Report/94-3/l40th Lane 24. Accept Petition/94-9/Fox Woods 25. Receive Petition/Andover Center/94-ll 26. Approve CCO#1/93-10/SuperAmerica 27. Accept petition/94-l2/Forest Meadows 28. Accept Feasibility Study/94-l2/Forest Meadows 29. Approve 'No Parking' Resolution/Northwoods West Park 30. Receive Feasibility Study/94-S/SuperAmerica Addition 31. Receive April Financial Statements 32. Approve Summary/Ordinance lO4/Pawnbrokers Mayor-Council Input fa~ent of Claims AOJournment - -~-- -- -- --..--_.- .--- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 17, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R084-94 granting variance/McDonald's · · · · · · · 2 Downtown Center 2nd Addition Sketch Plan · · · · · · · · · · 2 Accept resignation of Ernest Trettel from Equestrian Council; appoint Dean Olson new member · · · · · · · · · · · · · 2 Approval to hire engineering intern · · · · · · · · · · · · · 2 Resolution R085-94 adopting SWMCB Environment Procurement policies · · · · · · · · · · · · · · · · · · · · · · · 2 Reserve fund balances - 12/31/93 · · · · · · · · · · · · · · 2 Resolution R086-94 approving final plat/Woodland Creek 4th · 2 Approve assessment abatements (Lots 2 & 3, Block 1, Pheasant Meadows · · · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R087-94 accepting feasibility report/IP94-3/l40th 2 Resolution R088-94 accepting petition/IP94-9/Fox Woods .. · 2 Resolution R089-94 receiving petition/Andover Center/IP94-ll 2 Resolution R090-94 approving CCO#1/IP93-l0/SuperAmerica · · · 2 Resolution R09l-94 accepting petition/IP94-l2/Forest Meadows 2 Resolution R092-94 accepting feasibility/94-l2/Forest Meadows 2 Resolution R093-94 approving "No Parking"/Northwoods West Park 2 Resolution R094-94 receiving feasibility/IP94-5/SuperAmerica 2 Receive April financial statements · · · · · · · · · · · · · 2 Approve summary/Ordinance 104/Pawnbrokers · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING: PINE HILLS ADDITION/IP93-l8 . · · · · · · · · · 2 Resolution R095-94 ordering the improvement · · · · · · · · · 3 REVIEW SCHMITT/ALLEN SKETCH PLAN · · · · · · · · · · · · · · · · 3 REZONING/SECTION 22/CITY OF ANDOVER Motion to approve · · · · · · · · · · · · · · · · · · · · · · 4 PHEASANT GLEN DISCUSSION/HOKANSON DEVELOPMENT . · · · · · · · · · 4 Motion to accept Staff recommendation · · · · · · · · · · · · 5 "NO PARKING" SIGNS/CUL-DE-SAC/WOODLAND CREEK 3RD Resolution R096-94 designating "No Parking" on Eidelweiss from l39th Avenue south to the north property line of Crooked Lake Elementary School · · · · · · · · · · · · 5 SEPTIC INSPECTION DISCUSSION · · · · · · · · · · · · · · · · · · 6 RECLASSIFY BUILDING INSPECTOR POSITION Motion to reclassify D. Olson as Assistant Building Official 6 FINAL PLAT/HILLS OF BUNKER LAKE 5TH . · · · · · · · · · · · · · · 6 Resolution R097-94 approving the plat · · · · · · · · · · · · 7 MAYOR-COUNCIL INPUT Home Occupations Ordinance · · · · · · · · · · · · · · · · · 7 Landfill Test Results · · · · · · · · · · · · · · · · · · · · 7 PAYMENT OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 7 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 7 - _. --- .- ~ - ~- ---~-~ .._- ~- ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 17, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on May 17, 1994, 8:01 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 TKDA Engineer, John Davidson Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others RESIDENT FORUM Carroll Abbott , 2917 l42nd Lane - asked why the sound wasn't as good at the Planning and Zoning Commission meeting last Tuesday as it is this evening. At that hearing the people in the back of the room couldn't hear anything. He also asked why the public hearing notices couldn't be published in the Andover News to inform residents of what is taking place in the City. Most people get the Andover News, whereas very few get the ABC News. Why can't the Andover News be sent out once a month. Mayor McKelvey stated the Andover News does not come out often enough to publish public hearing notices. The decision to publish the Andover News every two months was because of budget constraints. Notices must be published in a paper that comes out at least once a week. Mr. Abbott - noted many things in the Andover News are not even worth having there. He also wanted to see the Neighborhood Cr ime Watch program resurrected, thinking that could be used as a method of communicating to residents what is happening in the City. Finally, Mr. Abbott noted a potential safety problem at the ballfield in Northwoods because people park on both sides of the street. It is a dangerous situation, and he would like to see the City do something about parking at this and all other ball fields. Mayor McKelvey stated the City will look into the matter. AGENDA APPROVAL Add the following items to the Consent Agenda: 2, Variance/ McDonald's; 4, Downtown Center 2nd Addition Sketch Plan; 13, Accept Equestrian Council Resignation and Appoint New Member; and 15, Approve to Hire Engineering Intern. Delete from Consent Agenda Item 21, Approve Final Plat/Hills of Bunker Lake 5th. MOTION by Perry, Seconded by Jacobson, the agenda as amended. Motion carried unanimously. - --- --.-- --_.__. .- Regular Andover City Council Meeting Minutes - May 17, 1994 Page 2 CONSENT AGENDA Item 2 : Variance/McDonald's (See Resolution R084-94) Item 4: Downtown Center 2nd Addition Sketch Plan Item 13: Accept Equestrian Council Resignation and Appoint New Member (resignation of Ernest Trettel; appoint Dean Olson) Item 15: Approval to Hire Engineering Intern Item 18: Adopt Resolution/SWMCB Environment Procurement policies (See Resolution R085-94) Item 19: Reserve Fund Balances - 12/31/93 Item 20: Approve Final Plat/Woodland Creek 4th Addition (See Resolution R086-94) Item 22: Approve Assessment Abatements (Lots 2 and 3, Block 1, Pheasant Meadows) Item 23: Accept Feasibility Report/IP94-3/l40th Lane (See Resolution R087-94) Item 24: Accept Petition/IP94-9/Fox Woods (See Resolution R088- 94) Item 25: Receive Petition/Andover Center/IP94-ll (See Resolution R089-94) Item 26: Approve CCO#1/IP93-l0/SuperAmerica (See Resolution R090-94) Item 27: Accept Petition/IP94-l2/Forest Meadows (See Resolution R09l-94) Item 28: Accept Feasibility Study/IP94-l2/Forest Meadows (See Resolution R092-94) Item 29: Approve "No Parking" Resolution/Northwoods West Park (See Resolution R093-94) Item 30: Receive Feasiblity Study/IP94-5/SuperAmerica Addition (See Resolution R094-94) Item 31: Receive April Financial Statements Item 32: Approve Summary/Ordinance 104/Pawnbrokers MOTION by Jacobson, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES April 28, 1994, Special Meeting: Correct as written. May 3, 1994, Regular Meeting: Correct as written. MOTION by Perry, Seconded by Knight, approval of both sets of Minutes as presented. Motion carried unanimously. PUBLIC HEARING: PINE HILLS ADDITION/IP93-18 8:12 p.m. Mayor McKelvey noted the petition received indicates 16 parcels in favor, 3 against and 2 unavailable to sign. He then opened the hearing for public testimony. ------- ---.._- ----_.~-_. . --- Regular Andover City Council Meeting Minutes - May 17, 1994 Page 3 (Public Hearing: Pine Hills Addition/IP93-18, Continued) Mike Abbott, 16041 Ouav - asked how the costs were determined. Were bids taken? Mr. Haas stated they are estimates only. Mr. Abbott - asked if they are notified once the costs are known and how long will the process take. Mr. Haas explained the process of preparing plans and specifications and advertising for bids. If the bid costs exceed five percent of the estimate, the residents will be renotified for another hearing. Mr. Abbott - felt seeding the boulevards and ditches would be preferable to sod. Mr. Haas stated the City has not had good luck with seed because of the erosion. They have been sodding wherever there has been grass and seeding where it has not been maintained. Mr. Abbott - asked about aligning his concrete driveway, which extends past the property line. Mr. Haas explained the bituminous would match the driveway. If some adjustment must be made, it will be done so with the cost included in the project. That is the City's responsibility. Joel Larkin, 3465 l59th Avenue - asked if he would be required to have his driveway blacktopped to the bituminous in the project. Mr. Haas stated that is not a requirement, but the project will include about ten feet of bituminous into the driveway. Mr. Larkin - is not in favor of sod because it is so sandy and the sod won't take that well. Mr. Haas again stated they have had better results with the sod than with seed. They generally go with the sod to eliminate the maintenance by the City. MOTION by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. 8:17 p.m. MOTION by Jacobson, Seconded by Perry, the Resolution as presented. (See Resolution R095-94 ordering the improvement of streets, Project 93-18, in the Pine Hills area and directing preparation of final plans and specifications) Motion carried unanimously. REVIEW SCHMITT/ALLEN SKETCH PLAN Mr. Haas reviewed the sketch plan to plat 16 R-l single family lots off Seventh Avenue and 17 3rd Avenue. Concerns of the Andover Review Committee are that all lots front onto City streets, that the two streets that intersect with CSAH 7 meet the interval requirement of 660 feet, that the westerly proposed cul-de-sac be extended north to l73rd Avenue, and that the proposed north-south street be pulled back to a cul-de-sac because of the wetlands that may exist along l73rd Lane. The Planning Commission was also concerned about future development to the south and west, which will be studied at the time of the preliminary plat. The Comprehensive Plan shows there should be a regional park in this general area, but the Park Board has not yet reviewed the proposal. - - .~ - -.-& - ~--......----_. ----- Regular Andover City Council Meeting Minutes - May 17, 1994 Page 4 (Review Schmitt/Allen Sketch Plan, Continued) Council comments included a question on the ability to construct the east-west road to the south in the location shown because of the power line easement, that permission is needed and the road may need to be located further north, that there is the same concern on the north side with the power line easement, that it appears a portion of 173rd is outside of the plat, a question on whether or not l73rd is a private easement, concern for the existing parcels in any attempt to realign l73rd, and concern over who would pay for the construction of l73rd and who could be assessed. Mr. Haas stated he has not done the research on the easement for l73rd. They will work with the developer to try to align l73rd at Seventh Avenue with l73rd from the east. The devleoper thought they could construct the road within the power line easement. If they are required to pave the l73rd easement, that will do so. There were no further comments. REZONING/SECTION 22/CITY OF ANDOVER Mr. Carlberg reviewed the request of the City to rezone the area generally known as the Field of Dreams from R-l, Single Family Rural, to GR, General Recreation. This area has always been considered a future park complex, and it is designated Open Space in the proposed Comprehensive Plan. There are three small parcels along Crosstown Boulevard that would also be rezoned. Two have been purchased by the county because additional right of way will be needed for the upgrading of Crosstown Boulevard. The owner of the third parcel had indicated he was negotiating with the county for the sale of his parcel as well. Originally the county had opposed the rezoning because they thought they would be able to develop the parcels into residential lots. After meeting with county representatives, they realized there is not enough property to meet the requirements for residential development in that zone, as there is a little over one acre if all three lots combined. After that meeting, the county supported the proposed rezoning. Jim Martinson - lives in the remaining house. He has been talking with the county for about a year, and they have been promising since last November to send an appraiser out. MOTION by Jacobson, Seconded by Dalien, Ordinance No. 8 DDDD as presented. Motion carried unanimously. PHEASANT GLEN DISCUSSION/HOKANSON DEVELOPMENT Mr. Haas reviewed the request of Hokanson Development, Inc. , to release the escrow fund for Pheasant Glen, and the costs incurred thus far be placed against the subject project. Hokanson Development, Inc. , had a purchase agreement with the Hursts, the property owners. In a legal dispute, the court agreed with the Hursts; and the purchase agreement became void. Staff recommendation is that the Letter of Credit be released after Mr. Hokanson pays the City $8,726.59 plus interest for ~~ ..- -- '. - _& --.-------. ---- Regular Andover City Council Meeting Minutes - May 17, 1994 Page 5 (Pheasant Glen Discussion/Hokanson Development, Continued) work done on the plans and specifications of the proposed plat. It is further recommended that if the property is plated within a period of time, say five years, some of that could be returned based on the benefit the new developer could receive from completed engineering. In addition, the development contract for pheasant Meadows should not be released, otherwise the City would have to carry the assessments for the storm sewer assessment. Attorney Hawkins agreed the City can legally hold Mr. Hokanson to the development contract. MOTION by Perry, Seconded by Dalien, that we accept the Staff recommendations. Motion carried unanimously. "NO PARKING" SIGNS/CUL-DE-SAC/WOODLAND CREEK 3RD Mr. Fursman explained the parking problem on Eidelweiss in Woodland Creek 3rd which is located at the rear of the Crooked Lake Elementary ball fields. People coming to see the games are using the cul-de-sac as a parking lot, much to the distress of the residents who live on that cul-de-sac. Jodv Tvson. 2922 139th Avenue - noted the vandalism caused by these spectators, pulling out the cable TV and US West lines three times, destruction of property during games, etc. She read a letter from a group of residents in that area requesting "Resident Only" parking signs in the cul-de-sac. Right now it becomes a parking lot Monday through Thursday, with 20 to 30 extra vehicles traveling and parking there rather than in the lot at Crooked Lake School. It is also a safety issue, because they park in front of the fire hydrant, sometimes three to four cars deep. Some of the coaches and parents have been contacted, and traffic has subsided somewhat in the last week. But some people were angry with their request and further vandalism has occurred at her home. Two more lots have been purchased across the street, which will add two more driveways on that cul-de-sac. Eight of the ten coaches have told them if there are "No parking" signs, they would comply. The Council felt they would have to install "No Parking" signs, and then not even residents would be able to park on the street. Ms. Tvson - understood and agreed. MOTION by Jacobson, Seconded by Knight, the Resolution, with the change in the NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that Eidelweiss Street NW from l39th Avenue south to the north property line of Crooked Lake Elementary School be designated no parking. (See Resolution R096-94) DISCUSSION: Council asked that the Sheriff's Department be asked to monitor the situation and enforce the parking ban. Motion carried unanimously. The Council recessed at this time to hold an EDA meeting and a closed meeting with the City Attorney, 8:58; reconvened at 10:21 p.m. Regular Andover City Council Meeting Minutes - May 17, 1994 Page 6 SEPTIC INSPECTION DISCUSSION Mr. Carlberg noted the Metropolitan Council's requirement of biennial inspections of on-site septic systems by a certified inspector. The question is how that should be done -- by hiring a licensed certified inspector as a Staff person to do the inspections, by contracting with someone to do the inspections, or by mandating that all on-site septic systems be pumped every two years. Staff is researching how it is being done in other cities, or even if the Metropolitan Council is being consistent in requiring other cities to do the same. Council suggested further research as proposed by Mr. Carlberg, plus determining the costs to hiring Staff as opposed to contracting someone to do the inspections. There was also a brief discussion on making it a requirement that all septic systems be pumped every two years on the premise that inspections really cannot tell whether or not a septic system is functioning properly. Such a requirement would eliminate the need for inspections, but the opposing argument is that not all systems need to be pumped every two years. Staff was also asked to research the cost for pumping versus just an inspection by a certified inspector. The item is to be placed on the June 21 agenda. RECLASSIFY BUILDING INSPECTOR POSITION Mr. Fursman stated it is the recommendation of the Staff and the Personnel Committee that Don Olson's position be reclassified from Building Inspector to Assistant Building Official. The two Building Inspectors are close to the same rate of pay, even though Mr. D. Olson has been with the City about five more years. Also, Mr. D. Olson assumes the responsibilities of Building Official when Dave Almgren is absent. If approved, Don Olson is aware that there would be no salary adjustment considered until 1995. Council suggested the additional responsibilities may result in additional salary consideration for 1995, but it is not a guarantee. MOTION by Perry, Seconded by Jacobson, that the Council concurs with the recommendation of Staff and the Personnel Committee; and with the reclassification, consideration for possible salary adjustment for the 1995 budget year for the position of Assistant Building Official; the reclassification be effective immediately. Motion carried unanimously. APPROVE FINAL PLAT/HILLS OF BUNKER LAKE 5TH Council was concerned with the designation of street names, noting Redwood Street is designated three different times. They felt it is very confusing. Mr. Haas explained the Andover Review Committee spent a great deal of time discussing the designation of street names. This is a difficult one, but the Fire and Police Departments both agree with the street names as proposed. In responding to emergencies, those Departments rely on the street grid pattern; and the street names as proposed are in line with that grid pattern. - ~-- ___~_-o-__... __ _ ~ .__ __ Regular Andover City Council Meeting Minutes - May 17, 1994 Page 7 (Approve Final Plat/Hills of Bunker Lake 5th, Continued) Although the Council felt the street names are confusing, most agreed to the Staff recommendation with the exception of 140th Avenue NW. Councilmember Knight felt the looped street would be much less confusing if it had just one or two street names. MOTION by Jacobson, Seconded by Perry, that we approve the signing of the plat of Hills of Bunker Lake 5th Addition with the following change: that in the northeast portion of the plat where l40th Avenue NW comes off Palm Street and within two lots turns to Redwood, that l40th Avenue NW be called Redwood Street to make it consistent with that whole strip. (See Resolution R097-94) Motion carried on a 4-Yes, I-No (Knight) vote. To """"'fT ti-.", G'I~+- I<) ¡ t\-. ß~ sty~+ N""'''' d.....:')...,. (~,..\".l 6/7{"I'I) MAYOR-COUNCIL INPUT ' Home Occupations Ordinance - Mr. Carlberg stated the Planning Commission has been concerned with allowing some home occupations in accessory buildings, noting recent requests of garage door construction, a molding business, and woodworking. Several of those have been approved, but it is a stretch of the ordinance as written. Generally the Council preferred to pull back on the businesses allowed as home occupations, thinking the small manufacturing businesses go beyond the scope of the ordinance and what are home occupations. The biggest concern is the compatibility of the business with the neighborhood. Because the Planning Commission reviewed the Home Occupation Ordinance about a year ago and recommended no change, the Council agreed it should remain as is and not expanded. Future requests that are oütside the scope of the ordinance should be directed to the commercial area rather than as a home occupation. Landfill Test Results - Mr. Fursman noted the report from CRA, the firm monitoring the gas discharge from the WDE site. All probes are indicating zero leakage at this time. PAYMENT OF CLAIMS MOTION by Jacobson, Seconded by Perry, the payment of claims as presented by Staff. Motion carried unanimously. MOTION by Jacobson, Seconded by Dalien, to adjourn. Motion carried unanimously. The meeting adjourned at 11:16 p.m. V~~:.~ s~~ Marcella A. Peach, Recording Secretary - -. - - ------ .------..-- - - ---