HomeMy WebLinkAboutCC September 6, 1994
~ CITY of ANDOVER
Regular city Council Meetin9 - September 6, 1994
Call to Order - 7:00 P.M.
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Discussion Items
1. Variance/1440 Bunker Lake Boulevard/Anoka County
2. Amended Special Use Permit/Meadow Creek Christian School
3. Amend Ordinance i71/Shoreland Ordinance
4 . Boulevard Encroachment Discussion
5. MUSA Discussion
6 . Order Feasibility Report/94-20/Ditch 37
7. Approve Extension/Wittington Ridge Preliminary plat
8. Approve Crown pointe East preliminary plat
Staff, Committees, Commissions
9. Amend 1994 General Fund, PIR, & water, Sewer & Central
Equipment Fund Budgets
10. Adopt Resolution/proposed Tax Levy & General Fund Budget
11. Approve Quotes/1994 Pavement Markings
EDA Meeting
12. Discussion/project Manager/City Hall Park Complex i2
Non-Discussion Items/Consent Agenda
13. Appoint Public works Maintenance Worker
14. Declare Cost/Order Assessment Roll/94-26/539-155th Ave.
15. Declare Cost/Order Assessment Roll/92-25/University Avenue
16. Award Bid/94-9/Fox Woods
17. Aw~rd Bid/94-6/Hartfie1's
18. Award Bid/94-7/Sharon's 2nd Addition
19. Andover Center 2nd Addition Sketch Plan
20. Accept Easement/Constance Evangelical Free Church
21. Order plans & Specs/94-1/City Hall Park Complex i1
22. Accept Feasibility Report/94-24/Pov's Sports Bar
23. Approve Bid/Bunker Lake Blvd. Frontage Rd/93-30
24. Accept Petition/Order Feasibility Study/94-27/Lot
4, Block 6, Andover Boundary Comm. plat i1/Watermain
25. Approve Final payment/91-5 & 91-16
26. Approve Revised Grading Plan/Jonathan Woods
27. Approve Final Plat/Jonathan Woods
28. Approve Revised Grading Plan/Foxberry Farms
29. Approve Final plat/Foxberry Farms
30. Receive July Financial Statements
3l. Release Escrow/Hidden Creek East 4th Addition
32. Update/Salvage Yards
33. Approve Service Contract/Anoka Electric
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Non-Discussion/Consent Agenda, Cont.
34. Approve 1995 Law Enforcement Contract
35. Report on North Metro Mayor's Association
36. City Hall Update
37. Approve Change Orders 3 & 4/Commercial Boulevard/92-27
38. Final payment/Commercial Boulevard/92-27
39. Receive Assessment Roll/Order Hearing/94-4/14267 Round
Lake Boulevard
40. Receive Assessment Roll/Order Hearing/93-28/13828 Round
Lake Boulevard
41. Receive Assessment Roll/Order Hearing/93-29/13836 Round
Lake Boulevard
42. Receive Assessment Roll/Order Hearing/93-9/Xeon street
43. Receive Assessment Roll/Order Hearing/92-27/Commercial
Boulevard
44. Receive Assessment Roll/Order Hearing/92-25/university
Avenue
45. Receive Assessment Roll/Order Hearing/91-5/Njordmark-Dale
46. Receive Assessment Roll/Order Hearing/91-16/159th Avenue
47. Receive Assessment Roll/Order Hearing/93-18/pine Hills
Mayor-Council Input
Payment of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 6, 1994
TABLE OF CONTENTS
RESIDENT FORUM · · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL · · · · · · · · · · · · · · · · · · · · · · · · · 2
CONSENT AGENDA
Resolution R192-94 adopting proposed tax levy and General Fund
Budget · · · · · · · · · · · · · · · · · · · · · · · · · 2
Appoint Public Works maintenance worker (Thomas Rainaldo) · · 3
Resolution R193-94 declaring cost/order assessment/IP94-26/
539 155th Avenue · · · · · · · · · · · · · · · · · · · · 3
Resolution R194-94 declaring cost/order assessment/IP92-25/
University Avenue · · · · · · · · · · · · · · · · · · · · 3
Andover Center 2nd Addition sketch plan · · · · · · · · · · · 3
Accept easement/Constance Evangelical Free Church · · · · · · 3
Resolution R195-94 accepting feasibility/IP94-24/Pov's Sports 3
Resolution R196-94 accepting petition/order feasibility/IP94-27/
Lot 4, Block 6/watermain · · · · · · · · · · · · · · · 3
Resolution Rl97-94 approving final payment/IP91-5 & IP91-16 · 3
Resolution R198-94 approving revised grading plan/Jonathan
Woods . · · · · · · · · · · · · · · · · · · · · · · · · 3
Resolution R199-94 approving final plat/Jonathan Woods · · · 3
Resolution R200-94 approving revised grading plan/Foxberry
Farms . · · · · · · · · · · · · · · · · · · · · · · · · · 3
Resolution R201-94 approving final p1at/Foxberry Farms · · · 3
Receive July financial statements · · · · · · · · · · · · · · 3
Release escrow/Hidden Creek East 4th Addition · · · · · · · · 3
Update/salvage yards ......... · · · · · · · · · · · 3
Approve service contract/Anoka Electric · · · · · · · · · · · 3
Approve 1995 Law Enforcement Contract · · · · · · · · · · · · 3
Report on North Metro Mayor's Association · · · · · · · · · · 3
City Hall update · · · · · · · · · · · · · · · · · · · · · · 3
Resolution R202-94 approving Change Orders 3 and 4/Commercial
Boulevard/IP92-27 · · · · · · · · · · · · · · · · · · · 3
Resolution R203-94 approving final payment/Commercial
Boulevard/IP92-27 · · · · · · · · · · · · · · · · · · · · 3
Resolution R204-94 receiving assessment roll/order hearing/
IP94-4/14267 Round Lake Boulevard . . . . . . . . . . . · 3
Resolution R205-94 receiving assessment roll/order hearing/
IP93-28/13828 Round Lake Boulevard · · · · · · · · · · · 3
Resolution R206-94 receiving assessment roll/order hearing/
IP93-29/13836 Round Lake Boulevard · · · · · · · · · · · 3
Resolution R207-94 receiving assessment roll/order hearing/
IP93-9/Xeon Street · · · · · · · · · · · · · · · · · · 3
Resolution R208-94 receiving assessment roll/order hearing/
IP92-27/Commercial Boulevard ............. · 3
Resolution R209-94 receiving assessment roll/order hearing/
IP92-25/University Avenue . . . . . . . . . . . . . . . · 3
Resolution R210-94 receiving assessment roll/order hearing/
IP91-15/Njordmark-Dale · · · · · · · · · · · · · · · · · 3
Resolution R211-94 receiving assessment roll/order hearing/
IP91-16/159th Avenue · · · · · · · · · · · · · · · · · · 3
Resolution R212-94 receiving assessment roll/order hearing/
IP93-18/pine Hills .......... · · · · · · · · · 3
Six-month salary increase/City Administrator · · · · · · · · 4
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 4
VARIANCE/1440 BUNKER LAKE BOULEVARD/ANOKA COUNTY
Resolution R213-94 approving variance · · · · · · · · · · · · 4
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Regular Andover City Council Meeting Minutes - September 6, 1994
Table of Contents
Page ii
AMENDED SPECIAL USE PERMIT/MEADOW CREEK CHRISTIAN SCHOOL
Resolution R214-94 approving amended permit for field house · 4
AMEND ORDINANCE #71/SHORELAND ORDINANCE · · · · · · · · · · · · · 4
BOULEVARD ENCROACHMENT DISCUSSION
Motion to adopt ordinance · · · · · · · · · · · · · · · · · · 5
MUSA DISCUSSION . . · · · · · · · · · · · · · · · · · · · · · · · 6
Motion directing Staff to prepare MUSA expansion documents · 7
Motion directing Staff to draft ordinance amendment to
limit number of new building permits or lots · · · · · · 7
FEASIBILITY REPORT/IP94-20/DITCH 37 . . . . . . . . . . · · · · · 7
Resolution R215-94 authorizing feasibility with TKDA · · · · 9
EXTENSION/WITTINGTON RIDGE PRELIMINARY PLAT
Motion to grant one-year extension · · · · · · · · · · · · · 9
CROWN POINTE EAST PRELIMINARY PLAT · · · · · · · · · · · · · · · 9
Resolution R216-94 approving preliminary plat · · · · · · · · 13
AWARD BIDS
Resolution R217-94 awarding bids for IP94-9/Fox Woods; IP94-6/
Hartfiel's; IP94-7/Sharon's 2nd Addition · · · · · · · · 14
Resolution R218-94 awarding bid for IP93-30/Bunker Lake
Boulevard frontage road · · · · · · · · · · · · · · · · · l4
AMEND 1994 GENERAL FUND, PIR, WATER, SEWER, & CENTRAL EQUIPMENT
BUDGETS
Resolution R219-94 amending those budgets · · · · · · · · · · 14
QUOTES/1994 PAVING MARKINGS
Motion to award bid to PPM · · · · · · · · · · · · · · · · · 15
PLANS AND SPECS/IP94-1/CITY HALL PARK COMPLEX #1
Motion to refer to Park Commission · · · · · · · · · · · · · 15
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 15
ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 15
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" CITY of ANDOVER
,.I.. ,j/ 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304· (612) 755·5100
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" ' REGULAR CITY COUNCIL MEETING - SEPTEMBER 6, 1994
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on September 6, 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
TKDA Engineer, John Davidson
Assistant City Engineer, Todd Haas
City Planning Director, Dave Carlberg
City Finance Director, Daryl Sulander
City Administrator, Richard Fursman
Others
RESIDENT FORUM
Virqil Westlund, 14183 Heather - stated he has presented his statement
for a variance and presented two more sheets to support his request. He
explained he opened his home as a donation to his church to a Russian
family in 1993, the Onchanu's, which were sponsored by their church.
The family was being persecuted and threatened in Russia and came to
America to be "free". The house has enough rooms to support the family
of eight. The problem has been they cannot afford an apartment with the
minimum of four bedrooms. Mr. Westlund explained the routes they have
taken in an effort to find an apartment. Mr. Onchanu has been studying
English the majority of the time he has been in this country and has
only recently obtained a job. Because of their inability to finance an
apartment the size they need, the Onchanu' s are in the process of
obtaining financing to construct a home, which they plan to have
completed by the spring of 1995.
Mr. Westlund explained before taking in the family, a lawyer advised it
would be legal to have a family live in their house from time to time.
The Onchanu's do receive a small rent quota from county welfare, which
they pay to him. But that is about equivalent to the heating and gas.
They received a notice from the City Code Official that the Onchanu's
must be evacuated by September 30. That is not enough time. He would
like consideration to allow them to stay until their house is built. If
the Council does not agree, he hoped they would compromise and give them
a number of months to continue to look for housing for the family. The
Council did not feel Staff has had enough time to research the issue
thoroughly. They suggested the item be placed on the September 20
agenda and the information presented to them with the agenda material.
They also agreed that the September 30 deadline would not be enforced,
pending a resolution of the issue at the next meeting.
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 2
(Resident Forum, Continued)
Llovd Wittacker, 2927 142nd Avenue - stated he signed the petition
presented by Mr. Westlund to continue to allow the Onchanu's to live in
the Westlund residence based on the information given by Mr. Westlund.
He has since talked to others and found out the people have been living
there for 1 1/2 years and that the family is getting paid by Anoka
County. Plus the husband is working, the wife is running a day care
center there, and one of the daughters is getting paid from Anoka
County; so there are sources of income. The area is zoned for single
family residences; but the Westlunds have also had relatives staying
there and college students renting some of the rooms. He thought this
was just another way of generating new revenue and asked to have his
name removed from the petition. Council acknowledged the request and
noted it will be discussed further at the next meeting.
Denise DeMars, 13552 Narcisses Street - was the spokesperson for the
neighborhood expressing their concerns over the amount of and speed of
traffic traveling through the neighborhood. Concerned neighbors have
been meeting for much of the summer regarding the problem. There are
over 150 children, many of whom walk to school. They have talked to the
Sheriff's Department, to City Staff and with individual Councilmembers.
She asked the Council to accept their petition signed by 70 homeowners
calling attention to their concerns and offering possible solutions. She
is also obtaining a copy of the State statutes in applying speed limits,
which she will forward to the Council as well. They are asking that the
Staff be directed to work with them to seek solutions to a dangerous
situation. The Council agreed to forward the item to the Road
Committee for consideration.
John Nord, 14216 Heather Street - asked about the ability to address the
Westlund request. Council noted it will be on the next agenda, at which
time people will be able to make a statement.
AGENDA APPROVAL
Take off the Consent Agenda for discussion: Items 16, Award Bid/IP94-
9/Fox Woods; 17, Award Bid/IP94-6/Hartfiel's; 18, Award Bid/IP94-
7/Sharon's 2nd Addition; Item 21, Order plans and Specs/IP94-1/City Hall
Park Complex #1; and 23, Approve Bid/Bunker Lake Boulevard Frontage
Road/IP93-30. Add to Consent Agenda, Item 10, Adopt Resolution/Proposed
Tax levy and General Fund Budget; and Item 48, Six-Month Salary
Increase/City Administrator.
MOTION by Knight, Seconded by Perry, approval of the Agenda as amended.
Motion carried unanimously.
CONSENT AGENDA
Item 10: Adopt Resolution/Proposed Tax Levy and General Fund
Budget (See Resolution R192-94)
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 3
(Consent Agenda, Continued)
Item 13: Appoint Public Works Maintenance Worker (Thomas J.
Rainaldo)
Item 14: Declare Cost/Order Assessment Roll/IP94-26/539 155th
Avenue (See Resolution R193-94)
Item 15: Declare Cost/Order Assessment ROll/IP92-25/University
Avenue (See Resolution R194-94)
Item 19: Andover Center 2nd Addition Sketch Plan
Item 20: Accept Easement/Constance Evangelical Free Church
Item 22: Accept Feasibility Report/IP94-24/Pov's Sports Bar (See
Resolution R195-94)
Item 24: Accept Petition/Order Feasibility Study/IP94-27/Lot 4,
Block 6, Andover Boundary Commission Plat *l/Watermain
(See Resolution R196-94)
Item 25: Approve final Payment/IP91-5 and IP9l-l6 (See
Resolution R197-94)
Item 26: Approve Revised Grading Plan/Jonathan Woods (See
Resolution R198-94)
Item 27: Approve Final Plat/Jonathan Woods (See Resolution R199-
94)
Item 28: Approve Revised Grading Plan/Foxberry Farms (See
Resolution R200-94)
Item 29: Approve Final Plat/Foxberry Farms (See Resolution R201-
94)
Item 30: Receive July Financial Statements
Item 31: Release Escrow/Hidden Creek East 4th Addition
Item 32: Update/Salvage Yards
Item 33: Approve Service Contract/Anoka Electric
Item 34: Approve 1995 Law Enforcement Contract with no survey
Item 35: Report on North Metro Mayor's Association
Item 36: City Hall Update
Item 37: Approve Change Orders 3 and 4/Commercial
Boulevard/IP92-27 (See Resolution R202-94)
Item 38: Final Payment/Commercial Boulevard/IP92-27 (See
Resolution R203-94)
Item 39: Receive Assessment Roll/Order Hearing/IP94-4/14267
Round Lake Boulevard (See Resolution R204-94)
Item 40: Receive Assessment Roll/Order Hearing/IP93-28/13828
Round Lake Boulevard (See Resolution R205-94)
Item 41: Receive Assessment Roll/Order Hearing/IP93-29/13836
Round Lake Boulevard (See Resolution R206-94)
Item 42: Receive Assessment Roll/Order Hearing/IP93-9/Xeon
Street (See Resolution R207-94)
Item 43: Receive Assessment Roll/Order Hearing/IP92-
27/Commercial Boulevard (See Resolution R208-94)
Item 44: Receive Assessment Roll/Order Hearing/IP92-
25/University Avenue (See Resolution R209-94)
Item 45: Receive Assessment Roll/Order Hearing/IP91-
15/Njordmark-Dale (See Resolution R210-94)
Item 46: Receive Assessment Roll/Order Hearing/IP91-16/159th
Avenue (See Resolution R211-94)
Item 47: Receive Assessment Roll/Order Hearing/IP93-18/Pine
Hills (See Resolution R212-94)
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 4
(Consent Agenda, Continued)
Item 48: Six-Month Salary Increase/City Administrator (resulting
from successful completion of probationary period)
MOTION by Perry, Seconded by Jacobson, to approve the Amended Consent
Agenda. Motion carried unanimously.
APPROVAL OF MINUTES
August 16, 1994, Regular Meeting: Correct as written.
August 16, 1994, EDA Meeting: Correct as written.
MOTION by Knight, Seconded by Da1ien, approval of both Minutes. Motion
carried unanimously.
VARIANCE/1440 BUNKER LAKE BOULEVARD/ANOKA COUNTY
MOTION by Knight, Seconded by Jacobson, approval of the variance request
as presented. (See Resolution R213-94) Motion carried unanimously.
AMENDED SPECIAL USE PERMIT/MEADOW CREEK CHRISTIAN SCHOOL
(Councilmember Jacobson stepped down from the Council bench since he
signed the Permit application on behalf of Meadow Creek Christian
School) The Council noted a change to be made on the prepared
Resolution, in the NOW, THEREFORE, BE IT RESOLVED, last line to read,
"...to construct a field house on said property..."
MOTION by Perry, Seconded by Knight, with that change, introducing the
Resolution approving the Amended Special Use Permit and accepting the
recommendations of the Planning and zoning commission. (See Resolution
R214-94) Motion carried on a 4-Yes, 1-Abstain (Jacobson) vote.
(Councilmember Jacobson returned to the Council bench)
AMEND ORDINANCE 171/SHORELAND ORDINANCE
Mr. Carlberg explained the proposed ordinance to adopt a new Shore land
Management Ordinance is for discussion purposes. A copy of the proposal
has been submitted to the DNR for consideration. Andover is required to
adopt this ordinance, which is very close to the DNR model ordinance,
though portions of it do not apply to the City of Andover. The DNR has
informed him the ordinance does not apply to the Rum River, as that is
under the jurisdiction of Ordinance 52, the Scenic River Ordinance. He
has not gotten a ruling from the DNR as to the classification of Coon
Creek. The ordinance is more restrictive than State requirements
regarding rural development, which is allowed; as setbacks, lot sizes,
etc., have been changed to meet current ordinance requirements.
There was no Council input. Mr. Carlberg noted the final version will
be presented for approval at the September 20 meeting.
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 5
BOULEVARD ENCROACHMENT DISCUSSION
Mayor McKelvey noted the proposed condensed Ordinance No. 95 prepared by
Councilmember Jacobson. In talking with Frank Stone, Public Works
Superintendent, it was agreed at least an eight-foot clearance behind
the curb is needed to allow for snow removal. That provision, Section
3, Exceptions, was added to the recommended ordinance.
Councilmember Jacobson took issue with that provision. He rewrote the
ordinance to avoid the same problem of having to deal with specific
distances. His proposal would let items be placed in the boulevard as
long as it doesn't impair the City's ability to plow snow. He preferred
to leave the language vague to avoid the same problem the Council has
struggled with on the IS-foot requirement of the old ordinance.
Other Councilmembers felt if numbers are not put in the ordinance, it is
too difficult for Staff to explain the requirements to the residents.
Mr. Stone stated snow removal is not the only problem. Brick mailboxes
cause problems when hit. People call when sod gets damaged while snow
plowing. Trees in the boulevard which have their roots damaged will die
anyway. And if the roots of a tree cause problems with the utility
lines, it becomes expensive to the homeowner to clean it every six
months. Also, he would still like to See the boulevards in new projects
cleared entirely. The Council disagreed, that this ordinance would
allow trees in the boulevard; though they recognized that many will need
to be removed in developments for the installation of utilities.
Attorney Hawkins noted the ordinance makes the homeowner/occupant
responsible for any damage to items that may be in the boulevard areas.
The Council worked on rewording Section 3B, to clarify the exception.
MOTION by McKelvey, Seconded by Knight, introducing the ordinance
repealing Ordinance No. 95, 95A and 95B. The City Council of the City
of Andover hereby ordains: (Read by the Mayor as presented with the
change in Section 3. B) Section 3. B: No encroachment shall be
permitted within eight (8) feet of the curb in the urban areas and to
the rear of the ditch in rural areas. In the case where there is no
ditch, the distance would be eight (8) feet. DISCUSSION: Councilmember
Jacobson stated he will vote no on the ordinance he wrote because he
does not like Section 3. B. Motion carried on a 3-Yes, 2-No (Jacobson,
Perry) vote.
Mr. Carlberg asked what the procedure should be on mailboxes. Mr. Stone
noted the new state requirement applicable to mailboxes on the streets
with the higher speed limits. At this point some on the Council did not
feel they wanted to ask residents to tear down the mailbox posts that
are over four inches. It was suggested an information sheet be provided
to residents moving into new developments of the suggestions for mailbox
posts from the Postal Department, possibly compile a packet of
information on various City ordinances and activities. Another
suggestion was to put that information in the City's newsletter.
Councilmember Jacobson felt the language of this ordinance covers
mailboxes as well.
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 6
MUSA DISCUSSION
Mr. Carlberg reviewed the MUSA map indicating the proposed expansion of
the MUSA line in five-year increments and the properties that have been
requested to be included in the MUSA. He asked for direction from the
Council regarding future MUSA expansion requests to the Metropolitan
Council. The City's Comprehensive Plan looked at about 260 homes in the
urban area a year over a five-year period, which is about 400 to 500
acres. He did not think there are 500 acres left in the 1990-1995 time
period originally proposed in that Plan, as a majority of it has already
been developed. The development schedule has been fairly consistent
with what the Comprehensive Plan shows for phasing.
Councilmember Jacobson noted the last time they reviewed the MUSA
expansion, Staff was directed to look at areas where the trunk lines are
close to properties so little new trunk would need to be constructed.
Mr. Davidson noted those areas to the north and east where the trunk
line ends and the properties that could be served without much more
trunk line extension.
Jerry Windschitl. Ashford Development - noted one parcel that was left
off the map under the Gaughan Companies, already has service to it; as
he paid to have the sewer and water brought across Crosstown Boulevard.
It is a 1989 request and has at least 102 buildable acres. So that
property can be served at no cost to the City, and it is adjacent to the
developed area. Mr. Carlberg noted that revision was made to the
transparency and was in the recommendation of the Staff.
Mr. Windschitl - also understood that the Metropolitan Council would not
approve the Comp Plan until an on-site septic ordinance was enacted and
the transportation issue resolved. He understood that both issues have
been resolved. According to his calculations, the Plan called for 1309
acres of MUSA expansion, of which 435 acres have already been granted.
According to the rules of the Metropolitan Council, Andover is entitled
to 874 acres of MUSA. Mr. Carlberg noted the Met Council has not
responded to the transportation study which said any MUSA expansion in
Andover or Ramsey will not affect the level of service on Highway 10.
Mayor McKelvey noted of the 600 acres of expansion the Metropolitan
Council agreed to three years ago, the City still has 165 acres coming.
Councilmember Jacobson felt another issue to be addressed is the rate of
development. Many people moving here like the rural setting, and he was
concerned about developing too fast. His preference was to stay with the
1995-2000 development area which was drawn up in the Comprehensive Plan.
Councilmember Knight was also concerned with the rapid rate of
development and long-range planning in terms of providing services by
the City. That issue has been raised many times, but nothing is ever
done about it. Councilmember Jacobson felt the Comp Plan is that plan,
and he is hesitant to change it. Councilmember Perry agreed, feeling it
is a mistake to change the Plan and increase the amount of MUSA acreage
because the Staff is unable to keep up with the work as it is, yet the
residents do not want to see their taxes raised. She felt the City is
out-stripping its ability to pay for and provide the necessary services.
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 7
(MUSA Discussion, Continued)
Sophie Kozlowski - was concerned with the increased train traffic and
its affect on her house and the difficulty of paying increased taxes on
a fixed income.
At this point, several Councilmembers indicated a preference to keep any
MUSA expansion within the 1995-2000 phased areas. Any development in
the southwestern portion of the City would be contingent upon the
availability of the CAB Interceptor, though Staff pointed out a very
small portion of the property can be served now with the Coon Rapids
Interceptor. Another suggestion was to limit growth by either limiting
the number of acres of MUSA expansion each year or limiting the number
of building permits issued yearly. Even if the Metropolitan Council
would grant the 874 acres of MUSA, it was understood that would be a
five-year supply and would not all be designated in one year.
MOTION by Jacobson, Seconded by Perry, directing City Staff to prepare
the necessary documentation for application to the Metropolitan Council
to increase the Municipal Urban Service Area based upon the 1995-2000
designation on the map before the Council which is dated 10-13-93.
Motion carried unanimously.
MOTION by Jacobson, Seconded by Perry, that the City Council authorize
the City Attorney and the City Staff to gather the necessary information
necessary to draft or change existing ordinance which would allow the
Council to impose limits on the number of new building permits or lots
within the City; and come back to the Council with the recommendations
as to the language for such an ordinance for discussion. Motion carried
unanimously.
ORDER FEASIBILITY REPORT/IP94-20/DITCH 37
Mr. Haas explained the feasibility will not include the cleaning of the
ditch but will study the entire storm drainage area to meet the
requirements of the Water Resources Management Plan and the Coon Creek
Watershed District. A plan is needed for the development that will be
coming in that area. It will be a plan similar to what was done with
the Winslow Hills/Xeon Street watershed area. This is strictly a study.
Sophie Kozlowski - stated the lake cannot be drained because it would
flood others, which is what happened 50 years ago. Ponds can be created
like the ones she created. She was billed the last time for $3,000.
will she be assessed again? Mr. Haas stated there will be a public
hearing. The study will include all the agricultural property as well.
Any assessment will be up to the Council. Mr. Davidson explained they do
not want new development to flood anyone nor drain the wetlands. That
is why a study is needed and a plan developed. The area involved is
difficult to define because of the vast wetland involved. They will
define the natural wetland, determine how to preserve them and how to
control growth of the property that would be contributing to it. By law
they cannot alter wetland.
Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 8
(Order Feasibility Report/IP94-20/Ditch 37, Continued)
Ms. Kozlowski - was just concerned that she not be taxed again, as she
hopes to stay on her property until she dies. Mr. Davidson stated she
will be notified of the hearing once the plan is developed.
Council questioned where the money will come from to pay for the study.
Mr. Haas felt there will be assessments at some point. There will be
more run-off from the residential areas as they are developed, and those
areas will be paying some assessments. That decision would be made by
the Council. It is his recommendation that any cleaning of the ditch be
left to the Coon Creek Watershed. This study will have to be done so
there is a plan when that watershed area develops. Mayor McKelvey had
heard the school district is willing to pay for half of the cost, though
that has not been submitted in writing.
Jerrv Windschitl, Ashford Development - understood when this type of
study was being initiated by the former City Administrator, it was for
the intent of cleaning the ditch. He felt that some in the area,
including the school district, have already done the wetland
delineation; and he was concerned with the duplication of efforts. The
school district needs to resolve their drainage problem, because their
property is landlocked for water drainage. He felt it would be a very
long time before the ditch is cleaned if the City relies on the
Watershed to do so because they do not have the resources. He asked the
goal of this study; and if the end result will not improve the system,
why is it being done? Councilmember Jacobson stated a study is needed
to determine what needs to be done.
Mr. Windschitl - agreed; but the fear is getting to the end and no one
does the work. Mr. Davidson stated the intent is to get all property
owners in the area involved and obtain the information they have to
reduce the cost of the study. Council was still concerned about where
the money will come from to pay for it. Mr. Sulander stated there is no
budget for it; but the general fund could probably carry half of the
costs if it were reimbursed in two to three months.
Ken Slvzuk - asked if he heard correctly that everybody in Ditch 37 will
be assessed for the study. Mr. Haas didn't know at this point. There
will be assessments for trunk construction for residential property.
Mr. Slvzuk - agreed the new developments should pay because they will be
getting a benefit. He felt that is the only reason the study is being
done. For 50 years the farmers have been cleaning their section of
Ditch 37 at their own expense, and they do not need this study done.
Half of the outlet has been taken care of already and is in top
condition because of their cleaning. He doesn't come to the City asking
it to clean the ditch and pay for it. In fact, he felt he will suffer
as a result of development causing more water to run through the ditch.
He was emphatic that he would work with the City, but he would not pay
for any portion of a study on the ditch system. Mr. Davidson stated the
intent would be to not cause a problem with increased runoff.
Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 9
(Order Feasibility Report/IP94-20/Ditch 37, Continued)
Discussion continued on the study itself. Mr. Haas estimated the entire
watershed area is 2,000 acres which will be studied for an estimated
cost of $28,000. Part of the report will be to establish the 100-year
flood plain.
Mr. Windschitl - agreed that Mr. Slyzuk should not be involved because
he has kept his ditches clean over the years. But the ditch beyond Mr.
Slyzuk is in almost total disrepair. In order to drain the whole site,
the ditch would have to be brought back to the approved grade.
Otherwise the school site will have to run storm sewer across someone's
property. The original concept was to do something, not spent a lot of
money to study it. Wouldn't it be responsible to require the school and
other developers to do their own retention ponding as has been done in
the past? The Council generally felt it is better to have an overall
comprehensive storm water plan for the area, and possibly cleaning the
ditch will be the solution. The question is who will pay for it.
MOTION by Jacobson, Seconded by Perry, that the Council introduce the
Authorization for Professional Services with Toltz, King, Duvall,
Anderson and Associates, Inc. , for storm drainage study, City Project
94-20, in the Anoka County Ditch No. 37 area as presented, but the costs
not to exceed $28,000. (See Resolution R215-94) Motion carried on a 4-
Yes, 1-No (McKelvey) vote.
APPROVE EXTENSION/WITTINGTON RIDGE PRELIMINARY PLAT
Jerry Windschitl, Ashford Development - explained with the extensive
amount of engineering needed in the plat, they are requesting a two-year
extension on the preliminary plat to complete the project. Council
wondered why the plat cannot be filed in stages and why two years.
Mr. Windschitl - prefers to file the entire plat at once, which will
facilitate balancing the dirt to meet the approved finished grading
plan. His engineer is saying that the time period could run one or two
years, depending on the compaction in the project. That is what he is
trying to allow for. He did not have a problem with a one-year
extension if he could then come back for the second year if needed.
Council preferred the one-year extension.
MOTION by Perry, Seconded by Jacobson, that a one-year extension be
granted to Ashford Development Corporation on their preliminary plat of
Wittington Ridge. Motion carried unanimously.
APPROVE CROWN POINTE EAST PRELIMINARY PLAT
Mr. Fursman explained there has been some disagreement between the
developer and Staff as to whether or not the preliminary plat was in
condition to be presented to both the Planning Commission and City
Council. Staff and the City Attorney were of the opinion that all
contiguous property must be included in the preliminary plat before it
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 10
(Approve Crown pointe East Preliminary Plat, Continued)
is considered, which would include property to the west known as the
proposed Crown pointe development. The developer disagreed, holding it
is not contiguous because the properties are held in two different
names, that of Ashford Development Corporation and of Jerry Windschitl.
The Planning Commission debated the issue and on a split vote,
recommended the plat be approved with some variances. They also
recommended the developer be required to dedicate right of way for an
access road to Crown Pointe at some point to be determined in the future
and that an escrow be set aside to pay for that road.
Jerrv Windschitl. Ashford Development Corporation - stated the plat is
in compliance with all ordinances with the exception of one lot. He has
submitted a letter stating they will provide the right of way and escrow
so the funds are available to get the road to the creek if it is built,
which from a planning standpoint does exactly the same as if the two
plats were combined. He is willing to set the easement aside which
crosses three lots, which is the only logical possibility of crossing
the creek to get to higher ground on the west. On the ownership issue,
he noted the contiguous property issue has not been required in the past
that he is aware. He could not find the plat referred to in the
Attorney's 1980 letter regarding Jack Menkveld; so he could not research
whether it was a sole proprietorship or a corporation. Crown pointe
and Crown pointe East are two separate plats and have been treated as
such by the City in over 14 public meetings, long before this was an
issue. The parcels are owned by two different legal entities. Crown
pointe East is owned by Ashford Development Corporation, a legal
Minnesota corporation functioning in Andover for a number of years. The
remaining parcel is owned by him and his wife. If the City was going to
enforce that requirement, it should have done so at the point when the
plats were first presented. He also noted a problem with the language
of the ordinance, "sufficient proprietary legal interest". If the City
wishes to enforce a contiguous property requirement, he suggested the
ordinance be rewritten and then enforced from the moment a development
is presented. Nothing will be accomplished by denying the plat. It has
been done in good faith and satisfies the requirements of the Andover
ordinances; and he asked for approval with the conditions set forth by
the Planning Commission, which they agree to. Mr. Windschitl also
stated the cost of a bridge clearly exceeds the ability to be paid by
the proposed Crown Pointe plat.
Alan Chapman, 14214 prairie Road - was concerned with the impact of the
alignment of Palm Street concerning the future development of his
property. He was also concerned that Quincy Street runs adjacent to his
property for approximately 200 feet, which potentially creates a future
lot on his property with double frontage. At this point he recommended
a realignment of Quincy so that a lot would back onto his property.
Also, move Palm Street to the east a sufficient distance so he could
have a lot on the west side of his property. As it is proposed, it is
close to the southwest corner, so it would have to go through a stand of
100-year-old oak streets on his property. He felt Palm Street should be
moved to Lots 1 or 2, Block 4, which would allow for a better future
alignment through his property.
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 11
(Approve Crown pointe East Preliminary Plat, Continued)
Mr. Chapman also noted there is filling between Blocks 4 and 5, which
Mr. Windschitl is allowed to do. But since he has owned the property,
there has never been water there. He wanted some assurance that his
land will not get flooded.
Mr. Haas stated the Andover Review Committee was not aware of Mr.
Chapman's concerns. Because of the heavy work load, he has not been
able to do a sketch of possible development of Mr. Chapman's property to
determine if the road accesses to the property are adequately placed.
Mr. Windschitl - explained the reason Quincy was placed along the
property line was to provide additional frontage for Mr. Chapman so he
would not be limited to a 60-foot area to bring in his road. It was
designed to be a help, not a hindrance. It would not be a problem
moving it over somewhat to provide some green space. He was not aware
of the desire to save the stand of oak trees on Mr. Chapman's property.
The proposed location was to provide a logical traffic pattern through
the southwestern portion of the Chapman property. To meet the ordinance
requirement on jogs, Palm Street would have to moved by Lot 8. Block 4.
Mr. Chapman stated he was thinking closer to Lots 1 or 2 of Block 4.
Councilmember Jacobson was frustrated because it did not appear any
change was made to the traffic pattern through the plat, yet that
concern was emphasized on the sketch plan. He suggested taking 141st
Lane through to Quincy and move the stub of Palm east to Lots 5, 6, or
7. He was also concerned with the deep ditches being dug between 141st
Lane and 141st Avenue, similar to that being done in Fox Woods. He had
a problem with putting in those deep holes and expecting people to live
with them in their back yards. People place their storage buildings,
play equipment, etc., in the back yard, only to find them flooded during
heavy rains. There must be a better design for storm water drainage.
Mr. Windschitl - explained the storm water retention meets the City of
Andover's Water Resources Management Plan and the Coon Creek Watershed's
requirements. They do not have an option. Councilmember Jacobson
understood but had a real problem with the holes in the back of the
lots. He felt the engineers should be looking for another way to meet
the requirements.
Mr. Winds chit I - stated they were aware of the Council comments on the
traffic pattern. He is required to minimize the impact on wetlands; and
running 141st Lane straight to Quincy would go right through a large
wetland. Councilmember Jacobson felt the road could go north of the
wetland, though it would mean a loss of two lots.
Councilmember Jacobson also noted the lot lines of Lots 27 and 28 appear
to extend across the creek, making those lots severed by a body of
water. Mr. Windschitl - explained the plat shows the legal depth and
alignment of the creek. When the creek is cleaned, it will be
straightened out rather than meander through there. This has been
approved by the Coon Creek watershed Board.
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 12
(Approve Crown pointe East Preliminary Plat, Continued)
Councilmember Jacobson noted the small area for park. He thought there
was to be a trail system through there. Mr. Windschitl - stated the
trail system is proposed to go to the west, not along this portion of
the creek. Last Thursday the Park Board voted to accept cash in lieu of
land for park dedication in this plat. The parcel shown as park will
now go back to be one lot, Lot 15.
Councilmember Jacobson pointed to the grading plan, Lots 13, 14, l8, 9,
10, 11 and 12, Block 1, where there appears to be a lot of grading along
side the creek, including easement for a storm water settlement pond
right next to the water. Mr. Windschitl - stated that is what has been
approved by the Watershed. There is a big berm right to the creek which
will separate the pond and the creek. Mr. Haas noted the elevation of
the storm water ponds is less than the Coon Creek flood elevation. The
people would not be able to get to the rear of those lots, but the City
has the ability to get to it to make sure the pond functions. Many
other plats have been done like this in the past where people couldn't
get to the back of their lots without going through someone else's
property.
There was continued discussion with the developer and Mr. Chapman on the
issues of the crossing, the deep ponding in the rear of the lots for
storm water, the location of Quincy along the property line, the
location of the stub of Palm Street, and the proposed extension of 141st
Lane to Quincy. It was generally agreed to require no change to the
storm water drainage plan, some noting there are those that enjoy living
near water for the aesthetics and wildlife. Mr. Haas also noted in this
case, there may be water during the 100-year storm, but it will be
mostly dry. Because neither the Staff nor Mr. Windschitl had talked
with Mr. Chapman about the potential development of his property, the
Council was agreeable to moving the Palm Street stub to the vicinity of
Lot 2 or 3, Block 4, depending on the topography. Also, square off
Quincy so about 150 to 160 feet will border the Chapman property. It
was also suggested that Staff work with Mr. Chapman regarding the street
stubs to his property. Because of the potential for a straight speedway
if 141st Lane is constructed straight to Quincy, the Council agreed to
leave the street pattern as proposed.
Staff noted the plats of Crown pointe and Crown pointe East cannot be
placed together at this time to resolve the contiguous property issue.
No public hearing has been held on Crown pointe. Mr. Windschitl would
have to start over to include both plats. Council agreed that the City
has not adhered to this provision consistently in the past, but that it
should be followed from this point on. Because of the past meetings on
the two plats and because of the developer's agreement to grant an
easement for a crossing of the creek, it was suggested this plat be
considered as requested by the developer. Councilmember Jacobson and
the Mayor were emphatic that while they would vote for this plat with an
easement for the creek crossing, though not necessarily in the location
proposed by the developer, they would not approve Crown pointe in the
future without a second access. Councilmember Jacobson was also
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Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 13
(Approve Crown Pointe East Preliminary Plat, Continued)
bothered by the terminology in Mr. Windschitl's September 1, 1994,
letter, "bridge was not constructed within a predetermined period of
time... ", as it is a "crossingll, not necessarily a bridge; and he did
not want to risk having a time period run out before a final decision is
made on it. Council agreed the specific language should be drafted by
the City Attorney.
On the crossing itself, Mr. Davidson recommended further study to
determine what the Watershed would require and allow, the soil
conditions, the best location for the crossing, and costs. He estimated
it would take three to six weeks to have a soil analysis done, plus the
mitigation process is very lengthy. Council suggested it may be better
to spread the cost of the crossing across both plats rather than just
Crown pointe. Mr. Windschitl stated Crown pointe East does not need the
crossing.
Mr. Haas noted the Council must either approve or disapprove the plat
tonight unless the developer agrees to have it tabled. Mr. Windschitl
preferred to have the Council act on it, but had no problem changing the
language in his letter to the City Administrator. He would also furnish
whatever engineering information he has to Mr. Davidson for a study on
the creek crossing.
MOTION by Jacobson, Seconded by Dalien, that the City Council approve
the preliminary plat of Crown Pointe East as being developed by Ashford
Development Corporation located in Section 26, Township 32, Range 24,
Anoka County, Minnesota. WHEREAS, pursuant to published and mailed
notice thereof, the Planning and Zoning Commission has conducted a
public hearing; and WHEREAS, the Andover Review Committee has reviewed
the preliminary plat; and WHEREAS, as a result of such public hearing,
the Planning and Zoning Commission recommends approval of the plat
citing the following; and the City Council concurs in the following:
1. A variance from Ordinance 10, Section 9.01B to allow the developer
not to cover all of the owner's contiguous land as part of the
preliminary plat. The Council has considered the matter and
because of the time frame in which the plat was developed and the
City's not requiring all plats prior to this to cover the same
criteria, that in this case the Council will grant a variance.
2. A variance for Lot 1, Block 2, from Ordinance 10, Section 4.
Definition of Buildable Area, Subparagraph B, as the lot does not
meet the 100 feet of depth of lot of buildable area. 85 feet is
the minimum allowed.
3. The developer shall change the preliminary plat drawing to move
Palm Street to the east after a discussion with property owner to
the north, Mr. Chapman, for the best location.
4. That the developer shall make provision for the continuation of a
future street to the west to solve a public safety problem for the
area to be known as Crown Pointe. That location will be determined
at a later date by the City Council in conjunction with the
developer and the City Engineer after further study has been
completed.
Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 14
(Approve Crown pointe East Preliminary Plat, Continued)
5. That a Development Contract with Ashford Development Corporation be
drafted by the City Attorney to make sure that the City shall have
the necessary funds for the construction of said street to the west
with an inclusion of all the concerns of the Council as talked
about at the meeting tonight as to such crossing.
6. The preliminary plat and grading/drainage and erosion control plan
will be revised to incorporate changes in the streets being planned
by the developer and reviewed by the Andover Review Committee for
ordinance compliance.
7. The developer is responsible to obtain all necessary permits from
the Coon Creek Watershed District, DNR, Corps of Engineers, LGU,
MPCA and any other agency that may be interested in the site.
8. The Park Commission is recommending cash in lieu of land.
9. That the developer, Ashford Development Corporation, will meet with
Mr. Chapman on the final alignment of Quincy Street as it touches
his property on the eastern side of the plat.
(See Resolution R216-94) Motion carried unanimously.
AWARD BID/IP94-9-FOX WOODS; IP94-6-HARTFIEL'S; IP94-7-SHARON'S 2ND
ADDITION; AWARD BID/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-30
Councilmember Jacobson had reservations with requiring the developer of
Sharon's 2nd Addition to pay for the pumping facilities for Pond C in
the Hills of Bunker Lake when it is unrelated to these specific
projects. No public hearing is being held, so how can these extra costs
be assessed? Mr. Davidson stated the developer, Ron Smith, has said he
did not feel he should have to pay the entire cost. The developer of
Hills of Bunker Lake, Tony Emmerich, paid for fixing the pond to
accommodate the errors made by Mr. Smith's builders in establishing
elevations for several houses.
The Council did not feel the homeowners could be assessed. Mayor
McKelvey stated Mr. Smith has said it was not his error, that the
Building Official should have caught the error in elevations. Attorney
Hawkins stated an option would be to go to court to collect the fees
from Mr. Smith.
MOTION by Jacobson, Seconded by Knight, on the Non-Discussion/Consent
Agenda Items 16, 17 and 18, Award Bid/IP94-9/Fox Woods; IP94-
6/Hartfiel's; IP94-7/Sharon's 2nd Addition (See Resolution R217-94) and
Item 28, Approve Bid/Bunker Lake Boulevard frontage road/IP93-30 (See
Resolution R218-94) for approval. Motion carried unanimously.
AMEND 1994 GENERAL FUND, PIR, AND WATER, SEWER AND CENTRAL EQUIPMENT
FUND BUDGETS
MOTION by Dalien, Seconded by Jacobson, the Resolution amending the 1994
General Fund, Permanent Improvement Revolving Fund, Water Fund, Sewer
Fund and Central Equipment Fund budgets as written. (See Resolution
R219-94) Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - September 6, 1994
Page 15
APPROVE QUOTES/1994 PAVING MARKINGS
Mr. Haas noted there was an error in the quantity for the AAA Striping
Service Company bid; therefore, the low bidder is PPM.
MOTION by Knight, Seconded by Perry, to award the bid to PPM for
$6,577.84. Motion carried unanimously.
Council recessed to hold an Economic Development Authority Meeting,
11:20 p.m.; reconvened at 11:29 p.m.
ORDER PLANS AND SPECS/IP94-1/CITY HALL PARK COMPLEX #1
Mr. Fursman had reservations about going through an engineering study on
the fields when the lighting of those fields was recently rejected
because of the development of the Field of Dreams this year. Mr. Haas
explained the Park Board did not think the Field of Dreams would be
lighted next year and that some fields should be lighted.
Dave O'Toole, Park Commissioner, explained the bids were rejected
because it was too late in the season to be able to use the lights this
year. He asked for these bids so they could find out the costs. He did
not realize there would be additional costs to have the plans redrawn.
There will be a lack of fields next year without lights. Mr. Haas also
noted user fees have not yet been established either, which he felt
should be done before the lighting is done. The Council agreed to send
it back to the Park Board to look at the issues and make a
recommendation to the Council.
MOTION by Perry, Seconded by Knight, that this be referred to the Park
Commission. Motion carried unanimously.
APPROVAL OF CLAIMS
MOTION by Jacobson, Seconded by Perry, approve the claims as presented
by Staff. Motion carried unanimously.
MOTION by Knight, Seconded by Perry, to adjourn. Motion carried
unanimously.
The meeting adjourned at 11:43 p.m.
-- Respectfully submitted,
~~hQ~L
Recording Secretary
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