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HomeMy WebLinkAboutCC February 6, 1996 CITY of ANDOVER RC5U1o:l..L cay Cuuudl I,'h:cLlu5 - f'c:DJ.Ud..LY ~, 19~~ Call rder - 7:00 p.m. eSldent Forum Agenda Approval Consent Agenda Approval of Minutes Introduction of Community Service Officers Discussion Items 1 ,Snowmobile Update 2 . Public Hearing/Vacation of Easement/610-155th Avenue N.W. 3. Public Hearing/95-14/Crooked Lake Boulevard 4 . Major Amendment to Comprehensive Plan 5. Lot Split/SUP /Variance/17069 Crosstown Boulevard N.W. 6 .special Use Permit/ Accessory Structure/124 -170th Lane N.W. 7 .MSA Designation Through Crown Pointe/Crown Pointe East 8 . Coon Creek Walkway/Bikeway/Trail Discussion/95-24, Cont. 9 ; Hunter's Hollow Sketch Plan 1 0 .Anoka County Timetable/Reconstruction of Bunker Lake Boulevard HRA Meetin¡¡; 1 1 . Reallocate 1993 CDBG Contingency EDA Meetin¡¡; 12 . Approve Purchase of ATV 13 . Revise 1995 EDA Budget 1 4 . Approve Fund Reservation Reports of Staff, Committees, Commissions 15. Walkway/Bikeway/Trail Discussion Non-Discussion/Consent Items 16 . Kennel License Renewal/c. Nehrt I 7 . Reappoint Tree Commissioners 18. Additional Parcels/Condemnation/94-33 19 . Information/Meeting Notice/Water Management/LRRWMO 20 . Order Plans & Specs/96-3/Cracksealing 21 . Order Plans & Specs/96-4/Sealcoating 22 . Approve Change Order #3R/93-7/City Hall Park Complex #2 23 . Approve Change Order #4/94-10 (Jonathan Woods), 94-8 (Foxberry Farms), 94-5 (SuperAmerica) 24 . Approve Change Order #4/94-9, 94-6, 94-7, Pond C, Pumping Facility, & 93-30 25. Approve Change Order #5/94-10, 94-8, 94-5 26 . Accept Right-of-Way /91-28/Service Road 27 . Approve Software/Building Department 28. Approve Purchase of Building Department Vehicle 29 . Andover Limited Partnership/Downtown Center/TIF 30 . Consider Finance/ Administrative Intern Mavor-Council Input Payment of Claims Adìournment . - - . . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 6, 1996 TABLE OF CONTENTS AGENDA APPROVAL · · · · · · · · · · · 1 CONSENT AGENDA Kennel License renewal/C. Nehrt · · · · · · 1 Reappoint Tree Commissioners (Click & Sullivan) · · · · 1 Meeting Notice/Water Management/LRRWMO · · · · · · 1 Resolution R013-96 ordering plans and specs/IP96-3/Cracksealingl Resolution R014-96 ordering plans and specs/IP96-4/Sealcoating 1 Resolution R015-96 approving Change Order #3R/IP93-7/City Hall Park Complex #2 · · · · · · · · · · · 1 Resolution R016-96 approving Change Order #4/IP94-10, IP94-8, IP94-5 · · · · · · · · · · · · · · · 1 Resolution R017-96 approving Change Order #4/IP94-9, IP94-6, IP94-7, IP93-30 · · · · · · · · · · · · · · 1 Resolution R018-96 approving Change Order #5/IP94-10, IP94-8, IP94-5 · · · · · · · · · · · · · · · · · · 1 Accept right-of-way/IP91-28/Service Road · · · · · · · 1 Approve software/Building Department · · · · · 1 Approve purchase of Building Department vehicle · · · 1 Consider Finance/Administrative Intern · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · 2 INTRODUCTION OF COMMUNITY SERVICE OFFICERS · · · · · · · 2 SNOWMOBILE UPDATE · · · · · · · · · · · · · 2 PUBLIC HEARING: VACATION OF EASEMENT/610 155TH AVENUE NW Resolution R019-96 approving the vacation of easement · · · · 3 PUBLIC HEARING: IP95-14/CROOKED LAKE BOULEVARD · · · · · · · 3 Motion to table for a few minutes · · · · · · · · · · 7 ANOKA COUNTY TIMETABLE/RECONSTRUCTION OF BUNKER LAKE BOULEVARD · 7 PUBLIC HEARING: IP95-14/CROOKED LAKE BOULEVARD, CONTINUED Resolution R020-96 ordering project · · · · · · · · 8 Motion for Staff to prepare Resolution on deferrals · · · · 8 LOT SPLIT/SPECIAL USE PERMIT/VARIANCE/17069 CROSSTOWN BOULEVARD NW Resolution R021-96 approving request · · · · · · · 9 SPECIAL USE PERMIT/ACCESSORY STRUCTURE/124 170TH LANE NW Resolution R022-96 approving Special Use Permit · · · 9 HUNTER'S HOLLOW SKETCH PLAN · · · · · · · · · · · 9 MAJOR AMENDMENT TO COMPREHENSIVE PLAN · · · · · · · · · 11 Motion to approve · · · · · · · · · · · · · 12 MSA DESIGNATION THROUGH CROWN POINTE/CROWN POINTE EAST Motion to approve · · · · · · · · · · · · · · · 12 COON CREEK WALKWAY/BIKEWAY/TRAIL DISCUSSION/IP95-24 Motion to table to next meeting · · · · · · · · · · · 13 WALKWAY/BIKEWAY/TRAIL DISCUSSION Motion to table to next meeting · · · · · · · · · 13 ADDITIONAL PARCELS/CONDEMNATION/IP94-33 Resolution R023-96 ordering condemnation · · · · · · · 13 ANDOVER LIMITED PARTNERSHIP/DOWNTOWN CENTER/TIF Motion to authorize distribution of $118,461.77 · · · · · · · 14 MAYOR/COUNCIL INPUT North Metro Mayors' Association meeting · · · · · · · · 14 Setting costs for construction of City buildings · · · · 14 Personnel Policy update · · · · · · · · · · · · 14 Performance of the Metropolitan Council · · · · · · · · 14 APPROVAL OF CLAIMS · · · · · · · · · 14 ADJOURNMENT . · · · · · · · · · · 14 Appro\ld ~1d.(;)Jq/P CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - FEBRUARY 6, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on February 6, 1996, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Move Items 18, Additional Parcels/Condemnation/IP94-33, and 29, Andover Limited Partnership/Downtown Center/TIF, to Discussion Items. MOTION by Kunza, Seconded by Dehn, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 16 Kennel License Renewal/C. Nehrt Item 17 Reappoint Tree Commissioners (Click & Sullivan) Item 19 Information/Meeting Notice/Water Management/Lower Rum River Watershed Management Organization Item 20 Order Plans and Specs/IP96-3/Cracksealing (See Resolution R013-96) Item 21 Order Plans and Specs/IP96-4/Sealcoating (See Resolution R014-96) Item 22 Approve Change Order #3R/IP93-7/City Hall Park Complex #2 (See Resolution R015-96) Item 23 Approve Change Order #4/IP94-10 (Jonathan Woods), IP94- 8 (Foxberry Farms), IP94-5 (SuperAmerica) (See Resolution ROI6-96) Item 24 Approve Change Order #4/IP94-9, IP94-6, IP94-7, Pond C, Pumping Facility, and IP93-30 (See Resolution ROI7-96) Item 25 Approve Change Order #5/IP94-10, IP94-8, IP94-5 (See Resolution R118-96) Item 26 Accept Right-of-Way/IP91-28/Service Road Item 27 Approve SOftware/Building Department Item 28 Approve Purchase of Building Department Vehicle Item 30 Consider Finance/Administrative Intern MOTION by Dehn, Seconded by Jacobson, to approve the Consent Agenda. Motion carried unanimously. Regular Andover City Council Meeting Minutes - February 6, 1996 Page 2 APPROVAL OF MINUTES January 16, 1996, Regular Meeting: Correct as written. January 16, 1996, Special Meeting: Correct as written. MOTION by Knight, Seconded by Jacobson, approval of both Minutes. Motion carried on a 3-Yes, 2-Present (Dehn, Kunza) vote. INTRODUCTION OF COMMUNITY SERVICE OFFICERS Captain Len Christ introduced each of the Sheriff's Deputies and Community Service Officers that work in Andover. He also noted he received a call from Senator Wellstone's office that the City of Andover has received a COPS grant of $75,000 to help pay for law enforcement officers. He then explained the difference in training and duties between the patrol officers and the community service officers. Anoka County Sheriff Larry Podany then fielded questions from the audience, explaining the City has increased its police coverage. There are eight patrol deputies and eight community service officers serving Andover. There are two cars marked with the Andover logo and one car for the community service offices. Mayor McKelvey also noted it is the City Council who makes the decision on the amount of police protection. It is generally based on the budget and the need. He thanked the Sheriff and others for appearing before the Council. SNOWMOBILE UPDATE Rick Erickson. 15017 Bluebird - updated the Council on the activities of the Andover Sno-Dragons Snowmobile Club and the efforts they have taken to solve the problems residents have been having with snowmobilers. The Council acknowledged the work of the Club and thought they were doing a good job, though there are many who are still violating the ordinances and are generally being disrespectful. Councilmembers stated they have referred those complaining to the hot line that has been set up by the Club. Mr. Erickson - stated the Club members have responded to every voicemail call they received. They also recognize that they couldn't do it all in the first year and that more progress will be made in the following years. Enforcement of the ordinances has been frustrating, and they have met with representatives of the Sheriff's Department on that issue. Members of the Club have offered to donate a snowmobile to the Sheriff's Department for patrol, but the Department has said they have no one to ride it. The Club did appreciate the correspondence sent to all snowmobile owners in the City, but he felt the most effective method o£ resolving the problems is to issue tickets. It has been found that many of the problems are from residents outside the City coming to Andover to ride their snowmobiles. Hopefully many of the problems will be solved when they set up a trail through the City. He would not like to see snowmobiles banned from the City at this time, as the Club is continuing Regular Andover City Council Meeting Minutes - February 6, 1996 Page 3 (Snowmobile Update, Continued) to work on the problems. Some communities have local snow patrols. Their Club will be learning more about how they work and submit a report to the Council. The Club wants to work with the Council and is open to suggestions. The Council noted that if any change would be proposed to the Snowmobile Ordinance, hearings would be held for public input. Kevin Doucette - stated the hot line is monitored seven days a week, and a club member tries to get back to the caller within a half day. Club members have shoveled out seven driveways around Round Lake Boulevard. One of the problems along that road is that the "No Snowmobiling" signs were not installed until late in the year, and many people did not realize a portion of Round Lake Boulevard is closed to snowmobiling. PUBLIC HEARING: VACATION OF EASEMENT/610 155TH AVENUE NW Mayor McKelvey opened the hearing for public testimony. There was none. 7:33 p.m. MOTION by Dehn, Seconded by Knight, to close the public hearing. Motion carried unanimously. 7:34 p.m. MOTION by Jacobson, Seconded by Dehn, to approve the vacation of easement at 610 155th Avenue NW as presented. (See Resolution ROI9-96) Motion carried unanimously. PUBLIC HEARING: IP95-14/CROOKED LAKE BOULEVARD 7: 35 p. m. Tom Madigan from Maier Stewart and Associates, proj ect Manager, reviewed the proposed reconstruction project of Crooked Lake Boulevard from the Coon Rapids City limits to Bunker Lake Boulevard. Because it is an MSA street improvement project, no assessments for the street are being proposed; however, the intent is to install the water trunk line along with the proj ect. The proposal is to defer the assessments for water until properties hook up to the system. In addition, there are four parcels that are not hooked up to sä~itary sewer, which would be assessed when they dó hook up. Mr. Madigan explained they are recommending a 32-foot wide street with a five-foot concrete sidewalk along the west side. Neighbors were opposed to an eight-foot bituminous bike trail on the east side of the street. A 38-foot face-to-face street width was also discussed, which would allow parking on one side of the street. The issue of drainage and flooding in the area of 135th was raised by the Staff. By reducing the width of the road, they feel there will be less runoff from the street, but some additional storm sewer is being recommended. Charlie Veiman - questioned the specifics of the storm drainage. He was told the pipe to the lake is plugged. Mr. Madigan stated they do not intend to increase the size of the ponding. They will look at the piping in the design stage. Mr. Erickson stated the ditch that runs Regular Andover City Council Meeting Minutes - February 6, 1996 Page 4 (Public Hearing: IP95-14/Crooked Lake Boulevard, Con tinued) from Crooked Lake Boulevard to the lake is an easement. They are not planning to reditch the area. Public Works did remove the restrictions in the ditch last fall so it now has a positive drainage to the lake. That will be looked at as a part of the project. One resident felt the reason for the flooding at 135th now is because the natural drainage area was filled to build two new houses on that corner. Mr. Madigan stated there should be little disturbance in the project because they are narrowing the road. Any disturbed areas will be sodded. Driveways will be replaced in kind. A concrete apron will b~ installed for each driveway. He also noted the cost for the 32-foot wide option is estimated to be $619,300 and $662,300 for the 38-foot wide option. Mark Simeron. Bunker Lake Boulevard - questioned the wisdom of constructing a sidewalk that dumps the foot traffic out onto Bunker Lake Boulevard, which is a very dangerous intersection and which has nothing to carry the traffic from there. There's also the issue of keeping the sidewalks open, which can be a liability to the homeowners and the City. He noted the street doesn't get plowed as quickly as before now that it is no longer a county road. It is nice without sidewalks. They do not want to live in a Minneapolis. He also thought at the neighborhood meeting the majority wanted the bikeways on the other side of the creek. Mr. Madigan stated a concern of the neighborhood was the dangerous intersection of Crooked Lake and Bunker Lake Boulevards. The county will not install a signal there at this time because it does not meet warrants. Consideration is being given to creating right-turn and left- turn lanes, flattening the grade, and constructing a median on Bunker Lake Boulevard. They will be talking to the county about that intersection during the design phase of the project. Mr. Madigan also thought the residents were interested in sidewalks because of the number of children walking to school. The City has all of the easements needed for the project, including ponding; as it is anticipated the runoff will be less because the road width is being reduced. Mr. Erickson then explained the proposal would be to fund the street with State Aid funds. They do not anticipate any expenditures that would be subject to an assessment for the street. The proposal is also to defer assessments for the water main and sanitary sewer until the property owners request connection, which has been done in other projects. The estimated cost of the water service is $5,350 per lot, which would be deferred with no added interest until connection, then assessed over a 10-year period with interest. The proposed assessment for sanitary sewer is at the 1976 rate when the line was first installed in that area. Mayor McKelvey opened the hearing for public testimony. 8:08 p.m. Garv Rolli. 2815 135th Circle - asked how far apart the hydrants are located. Mr. Madigan stated typically they are on the corner of streets, usually about 300 feet apart. Regular Andover City Council Meeting Minutes - February 6, 1996 Page 5 (Public Hearing: IP95-14/Crooked Lake Boulevard, Continued) Mr. Rolli - asked if anyone contacted the utilities to put the wires underground. Otherwise the poles will have to be moved back to make room for the sidewalks. Mr. Madigan stated they will be talking with the utility companies during the design phase. Generally they want the wires to be placed underground. Mr. Rolli - asked what the posted speed limit will be. Mayor McKelvey stated it will remain at 30 mph. Mr. Rolli - was concerned with traffic control at Bunker Lake Boulevard. It is very difficult to get out of that area since the southern end of Crooked Lake Boulevard was closed off. He also questioned the proposal to bring water across his back yard to his house off Crooked Lak2 Boulevard. He thought it would be better to wait until the line is brought up 135th Circle and to hook up from the front of his house at the same time his neighbors do. Mr. Erickson explained a stub for water service would be provided for the side yards. If Mr. Rolli needs water, it would be available from this project. Mr. Rolli will not be assessed for water until he chooses to connect. Even if he waited until water is available from 135th Circle, there would be only one assessment. Charlie Veiman. 13646 Crooked Lake Boulevard - has no need for the water, nor did he care about fixing the street. He talked to a representative at Anoka Electric, but no decisions or recommendations will be made until Mr. Erickson talks to them about the project. He has heard that the street was built in 1966; however, it was redone in 1976 when the sanitary sewer line was installed. So the street is only 20 years old. Why does it need to be rebuilt? Mr. Erickson stated the life of a street is about 20 years. It is starting to get more pot holes. The City is trying to do a few miles of construction or reconstruction a year with the MSA funds, and the road is now at the top of the list. Council discussion also noted that it is not known whether the City will continue receiving MSA funds because that is determined by the State. If the project is not done now, the funds may be designated elsewhere and not available when the residents do want it done. One of the reasons for looking at this now is because of the safety issue at the intersection with Bunker Lake Boulevard. The decision was to look at the entire street instead of just that intersection. If MSA funds are not available for the street project in the future, the residents would end up paying for the entire repair of the road. Mr. Erickson also noted that the county has revised its schedule to upgrade Bunker Lake Boulevard from the time period 1995 to 2005 to the years 2005 through 2010. If the City reconstructs Crooked Lake now and the upgrade of Bunker Lake does not match with the City's grade at that intersection, it would be the county's responsibility to match them at their expense. Mr. Veiman - didn't think the exit to the lake for drainage is open, or at least it wasn't open this past summer. Mayor McKelvey stated the City has a drainage easement through there and will open it if necessary. Regular Andover City Council Meeting Minutes - February 6, 1996 Page 6 (Public Hearing: IP95-14/Crooked Lake Boulevard, Continued) Mr. Simeron - wondered why the road couldn't just be retarred instead of torn up. He thought the cost of municipal water is considerably more than to drill another well. Another concern is that those on the City water system have many restrictions on using the water during the summer because there are not enough water towers. He also thought the proposed cost for sewer is $300 more than the actual assessment they paid in 1976. He was sure Anoka Electric would put the lines underground, but it would mean everyone's lawns would be ripped up. The engineers and Councilmembers explained it is wise to install the water main during the reconstruction rather than take the chance of having to rip up the street in the future. The sewer costs were taken from the project worksheets. The reason for the water restrictions was not because of the number of water towers but because there were not enough wells. The City is taking steps to alleviate that problem. Residents will still be able to water their lawns from their existing wells. Again, the water assessment is being deferred until the property connects to the system. Jeff Patrick. 2816 135th Circle - asked about the cost of the street and the deferred interest. Mr. Erickson explained there will be no assessments for the street costs because they will be paid for with MSA funds. The City would carry the costs of the water main until the properties connect. No interest on the deferred assessment is proposed until connection, and the costs could be spread over a 10-year périod. Mr. Patrick - would prefer a 38-foot wide street. He felt the street in Coon Rapids, which is 32 feet, is very narrow. Ms. Junker. 13503 Crooked Lake Boulevard NW - asked how much of an increase will they see in their property values because of the project. She doesn't want either the street improvement or the water. But if it is done, she would prefer a 38-foot wide street. Mayor McKelvey didn't think they would see any increase because they already have a street. This is simply a reconstruction. Wayne Patchen. 13423 Crooked Lake Boulevard NW - stated with the 32-foot wide street, the people on one side will get more snow than the other when it is plowed. The street would be too narrow for plowing snow with the big rig. He'd prefer the 38-foot width to the recommended 32 feet. On a show of hands, the vast majority of those present preferred the 38- foot wide street with no sidewalks. Diane Patchen. 13423 Crooked Lake Boulevard NW - asked about the deferred payment. She also felt that sidewalks are not needed, but they do need a traffic light at Bunker Lake Boulevard. Mr. Erickson explained the deferred assessment and its payment over a 10-year period after connection. Another resident stated sidewalks are not needed along Crooked Lake Boulevard because the children walk to Gladiola to cross to the school - . -.- ---~---- Regular Andover City Council Meeting Minutes - February 6, 1996 Page 7 (Public Hearing: IP95-14/Crooked Lake Boulevard, Continued) there. The children take the back streets to school and never go up Crooked Lake Boulevard. It makes more sense to put the sidewalk and the light at the intersection of Bunker Lake Boulevard, but not just a deadend sidewalk. Mr. Erickson explained the City's Comprehensive Plan does show a bikeway system, and the Council will look at a sidewalk along Bunker Lake Boulevard when it is reconstructed. Gavle Rolli. 2815 135th Circle - doesn't agree with sidewalks or bikeways. Moving the bikeway to the creek area would make it more accessible, and it would be more flexible than a sidewalk down their street. MOTION by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. 8:45 p.m. The Council discussed the project, expressing surprise that the residents preferred the 38-foot width without sidewalks than the proposal by the engineers of 32 feet with a sidewalk on the west side. Mr. Madigan also explained the project will do one-half of the street at a time, recognizing residents along the street and those on the side streets will need an access at all times. They intend to keep thp. residents informed and will try to put out a newsletter to explain the project and to provide the name and phone number of a contact person. A resident was concerned with the safety of the children during the project, especially those who walk to and from school. Mr. Madigan stated they may have to have specific guards in the morning and afternoon when children will be crossing the street. The Council felt that they should have a definitive answer from the county on the upgrading of Bunker Lake Boulevard before acting on this item. This item was then tabled until after discussion on Item 10, Anoka County Timetable/Reconstruction of Bunker Lake Boulevard. MOTION by Knight, Seconded by Kunza, to table this for a few minutes to discuss Item 10. Motion carried unanimously. ANOKA COUNTY TIMETABLE/RECONSTRUCTION OF BUNKER LAKE BOULEVARD Mr. Erickson updated the Council on the results of a January 30, 1996, meeting with Jon Olson, Anoka County Highway Department, Commissioner Berg and City Staff. The reconstruction of Bunker Lake Boulevard from Hanson Boulevard to Round Lake Boulevard is not in the county's five- year capital improvement plan. If Andover wishes to move up the time table, the county would consider it if the City will contribute about $1 million of the $4.7 million project. When the road is reconstructed, they are looking at an 88-foot wide street, a four-lane divided highway. In 1998 or 1999, the county is planning to reconstruct the intersection of Hanson Boulevard and Bunker Lake Boulevard. Councilmember Jacobson noted with a four-lane divided road, those coming north on Crooked Lake Boulevard would not be able to turn left. Mr. Regular Andover City Council Meeting Minutes - February 6, 1996 Page 8 (Public Hearing: IP95-14/Crooked Lake Boulevard, Continued) Erickson stated the county determines where the medians will be placed, but the City will look at that during the design stage. The county will not put a signal at that intersection because it doesn't meet warrants, but it may be possible for the Council to put political pressure on th~ Commissioners to have one installed. It would cost over $100,000 for a signal at that location. The Council expressed disappointment in the delayed timetable for that reconstruction and that little road improvements are being done in Andover by the county. Because the county isn't doing anything until after the year 2000 and because that is a dangerous intersection, the Council wondered what could be done now to improve it. Mr. Madigan stated they will look at the grades and will try to flatten it as much as possible to avoid the problem of sliding into Bunker Lake Boulevard. PUBLIC HEARING/IP95-14/CROOICED LAICE BOULEVARD, CONTINUED MOTION by Jacobson, Seconded by Dehn, to reopen the hearing. Motion carried unanimously. On a show of hands by those residents present, two were in favor of proceeding with the project; eight were opposed. Councilmember Jacobson thought if a vote is desired, a formal petition should be circulated. Since the county will not be doing anything with Bunker Lake Boulevard for five years or longer, he didn't think it was in the City's best interest to postpone this project. The City has an obligation to alleviate the safety hazard at the intersection, noting it will be done at no cost to the residents. He again noted if the City waits with the project, the MSA funds may not be available; and it makes good sense to improve that intersection now to hopefully prevent accidents. He felt the City should go ahead with the project now. Council member Knight also was concerned with the safety of that intersection. Because it is no cost to the residents, he felt the project should be done at this time. Mr. Simeron - felt the project should be done now. He felt the Council has attempted to find out all of the information and that it should be done now that funds are available. He still did not want sidewalks. MOTION by Jacobson, Seconded by Dehn, to close the public hearing. Motion carried unanimously. MOTION by Knight, Seconded by Jacobson, to direct Staff to draw up a Resolution approving the street and water and sewer improvements for Crooked Lake Boulevard as presented with no sidewalks and a 38-foot wide street. (See Resolution R020-96) Motion carried on a 4-Yes, I-Abstain (Kunza, as he is directly affected) vote. MOTION by Jacobson, Seconded by Dehn, that we ask Staff to prepare a Resolution for the next City Council meeting relating to the deferral of costs for the water and sewer hookups for this particular project and outline the parameters of the cost of those deferments and the times. Motion carried on a 4-Yes, l-Abstain (Kunza) vote. Regular Andover City Council Meeting Minutes - February 6, 1996 Page 9 The Council recessed at this time, 9:30; reconvened at 9:38 p.m. LOT SPLIT/SPECIAL USE PERMIT/VARIANCE/17069 CROSSTOWN BOULEVARD NW Mr. Carlberg suggested adding to the Resolution a condition that the soil borings be reviewed by the Building Department for buildability of the southernmost parcel. MOTION by Dehn, Seconded by Kunza, to approve the Resolution granting the lot split/variance/Special Use Permit to Alan and Edna Brunkow at 17069 Crosstown Boulevard NW as presented with the addendum that includes the conditions indicating they meet the criteria of buildability of the said lot. (See Resolution R021-96) Motion carried unanimously. SPECIAL USE PERMIT/ACCESSORY STRUCTURE/124 170TH LANE NW MOTION by Jacobson, Seconded by Kunza, the Resolution approving the Special Use Permit request of Brian and Corrine Smith at 124 170th Avenue NW with two changes: After the THEREFORE, BE IT RESOLVED, Item No.1, the first line, which presently reads "The intent is that the 34 acres south of the residential property. . . ", be changed to read "Subj ect to the 34 acres south of the residential property...". Line three of that first Item, change "applicant be combined..." to "applicant is combined...". One additional Item No 6, the applicant said he is going to use the large acreage only for his own use. Suggest Item 6 state "The constructed accessory structure will only be used for the owner's private use." (See Resolution R022-96) DISCUSSION: Mr. Carlberg explained it is residential property and cannot be used for a commercial operation without an amended Special Use Permit. Councilmember Jacobson felt the additional condition prevents any commercial operation and will eliminate potential problems with future owners of the property. Brian Smith, applicant - stated he did not have a problem with the added condition. There may be some training of horses and he may board the horse of that trainer, but he will not run a boarding business. The neighbors have said they are glad he is doing this because they do not want to see development on the 34 acres behind them. Mr. Carlberg stated that training activity would not be an issue. Some Councilmembers questioned the legality of Item 6 but supported the motion because the applicant agreed to it. Motion carried unanimously. HUNTER'S HOLLOW SKETCH PLAN Mr. Erickson reviewed the sketch plan of Hunter's Hollow presented by Gold Nugget Development. It is zoned R-l with 22 rural single family residential lots proposed and one outlot. Staff has asked that the outlot be removed. Two temporary cul-de-sacs are proposed on the northern parcel and two permanent ones on the southern parcel. The developer has agreed to connect 164th Avenue and 164th Lane. The Fire Regular Andover City Council Meeting Minutes - February 6, 1996 Page 10 (Hunter's Hollow Sketch Plan, Continued) Department has recommended that connection extend north to the proposed temporary cul-de-sac to connect the two pieces and for traffic flow. That northerly connection may be a problem because of soils. The Planning Commission has suggested the developer be required to notify potential property owners of the turf business to the east and that commercial traffic will be using those streets. The developer has showed sketches of possible development of adjacent property to the east and to the south. The developer is not interested in developing these parcels as a PUD. A median in the access road to Round Lake Boulevard is being proposed for greater aesthetics to the area. It has not been done in the rural area in the past, but the Review Committee had no problem with it. Jeff Leadens. 2776 164th Lane. Terry's Turff - stated he uses all of the land to the tree line for sod right now, which encroaches into the outlot. It will continue to be a sod farm. He would, however, like to split the land along the creek line. One lot would be buildable; the other would be attached to the sod farm. In a few years he would like the area rezoned for a driving range. That would eliminate the truck traffic through the neighborhood. Horst Grazer, Gold Nuqqet Development - stated the northernmost temporary cul-de-sac will logically extend to the east and connect north. There are about two to three buildable lots in the area to the east. To construct the road from 164th to the northern parcel is not economically feasible and difficult because of the flood plain. The soil borings indicate there is a considerable amount of peat in that area. Mr. Grazer also opposed the clause to the development contract which would require them to notify any future homeowners of the commercial business to the east of the plat. He felt it is a marketing choice that should be left to Gold Nugget Development. It could create title problems, and the question is what would their responsibility be for the second, third, etc. I owners of the parcels. They intend to build homes in the $200,000 price range. They would be telling first-time buyers of the sod operation, but it should not be a requirement of the development agreement. It is a unique parcel, and they intend to provide a landscaped median at the entrance and ponding on both sides of the road if allowed by the Watershed for added aesthetics. Mr. Leadens - stated if the City Council allows his property to become a driving range, he would not be taking sod off any more. Traffic to the driving range would come through the development. Councilmember Jacobson noted several of the lots show the drain fields within the setbacks. Mr. Carlberg stated they are not allowed in the right of way, and they will have the Building Department check into this. Councilmember Jacobson also noted that the streets within the plat will go through pockets of peat in several places. If it is necessary to float a mat through there, he noted the Council had considerable discussion about that in the past. Mr. Leadens = stated the deepest peat is only 3 1/2 feet through that entire area. Councilmember Jacobson noted Lot 15 in the bottom section seems like there is a lot of fill. Regular Andover City Council Meeting Minutes - February 6, 1996 Page 11 (Hunter's Hollow Sketch Plan, Continued) Mr. Grazer - stated the majority of the lot is fill. It will be a very expensive lot to create. In further discussions, the Council was insistent that the first-time home owners be made aware of the commercial development and that commercial trucks will be traveling through the neighborhood. Attorney Hawkins explained the procedure used in the past where the developer has the first-time home owners sign certificates, which are then given to the City, indicating they were made aware of the commercial operation adjacent to the development. This would have no effect on the title. Mr. Grazer - stated in that case, he is more comfortable with the requirement and would comply with it. Council had no further comments relating to the proposed sketch plan itself. MAJOR AMENDMENT TO COMPREHENSIVE PLAN Mr. Carlberg requested Council approval on the major amendment to the Comprehensive Plan to include 1,315 buildable acres into the Metropolitan Urban Service Area. He noted a correction on Page 2, Section II, A,!., ".. .million gallons/day" should be ".. .million gallons/year". Staff is aware of several map changes which will be corrected before submitting the amendment to the Metropolitan Council. Section VII on Page 8 has been suggested for staged development of properties within the MUSA. He asked for Council input on those recommendations. The Planning Commission requested the Staff try to accommodate the request of Walter Laptuta to include 80 buildable acres in the 1995-2000 time frame. TKDA has made that change in exchange for moving another 80 buildable acres into the 2005-2010 time frame. All of the proposed MUSA is proposed to be served by gravity flow. Council noted the additional request of Jerry Windschitl, Ashford Development, to include approximately 25 acres in the 1995-2000 time frame. Mr. Carlberg stated the request was received after the maps were completed. For purposes of the MUSA, the property is contiguous to the present MUSA even though it is across the county ditch. Councilmember Jacobson asked what authority the Council has to delay development on a parcel within a phase to the fourth or fifth year of that phase to avoid having all the acreage developed in the first year or two of the time frame. Attorney Hawkins said the obvious thing to look at would be whether sewer and water are contiguous to the property. The Council can establish a maximum number of building permits that can be issued each year. It can create a policy statement similar to the statements in this section of the amendment to use as a guide. Mr. Carlberg stated they will research this issue and come back to the Council with recommendations as soon as possible. It should be left as flexible as possible so amendments do not have to be made to the Comprehensive Plan for minor changes. The Council asked Staff to determine if a swap can be done to include Mr. Windschitl's request in the 1995-2000 time frame. Regular Andover City Council Meeting Minutes - February 6, 1996 Page 12 (Major Amendment to Comprehensive Plan, Continued) MOTION by Jacobson, Seconded by Knight, that the City Council approve the Comprehensive Plan Amendment as presented with the following changes in it: Direct Staff to include the property in the 1995-2000 requested time for Jerry Windschitl for Parcels A and B; direct Staff to make the appropriate exchanges of property for that; and direct Staff to make the minor changes in the Plan in terms of words that are missing or need to be changed which amount to minor corrections which have been noted tonight. On page 8, first paragraph under VIII, Other Information, change (200 acres) to (125 to 200 acres per year). Motion carried unanimously. MSA DESIGNATION THROUGH CROWN POINTE/CROWN POINTE EAST Mr. Erickson noted another option from what was discussed at the December 19, 1995, Council meeting for a possible designation of a State Aid route through the Crown pointe and Crown Pointe East developments. Jerry Windschitl, Ashford Development - stated if the MSA street were to go across Crown Pointe East directly to the east through the presently undeveloped property, he would be willing to provide easement through Lot 1, which is about one acre in size, to eliminate the jog and provide more of an "s curve" for the street. That would have no effect on the buildability of Lot 1. Mr. Erickson explained the portion throu9h the presently undeveloped property does not have to be constructed until that property is developed. The State Aid designation will not force the property owner to develop. It would take about 1 1/4 years' allotment of MSA funds to construct the bridge, plus there is still enough to do the Crooked Lake Boulevard project. The Fire Department has always been in favor of a bridge across Coon Creek from a fire and safety standpoint. Mayor McKelvey asked for a motion to support this concept of building a bridge across Coon Creek using MSA funds and to designate the MSA road as proposed this evening. MOTION by Dehn, Seconded by Kunza, to so move. DISCUSSION: Councilmember Jacobson expressed opposition for the following reasons: 1) The street layout is undeniably designed to residential subdivision standards, not for a State Aid road. 2) To spend $500,000 of State Aid funds for a $160,000 return is not in the best interest of the City and not economical. 3) The State Aid funds could be used for maintenance on other roads. 4) He felt the money is being spent to assist a developer get through a tight spot. It would have been more economical to the developer if the costs had been spread over the two plats. 5) The Council must be careful not to set a precedent. What happens when other developers come in asking for similar aid to build streets? Councilmember Knight also had reservations. Another developer has already approached him with a similar request. He also questioned designating an MSA street through property when the owner has not been notified. Mayor McKelvey explained only street construction funds will be spent, not maintenance funds. It is also a safety issue for traffic flow. The developer offered to float a road across the swamp, but the Regular Andover City Council Meeting Minutes - February 6, 1996 Page 13 (MSA Designation through Crown pointe/Crown Pointe East, Continued) Council discouraged it. It almost sounds like someone is trying to stop the development. He felt the bridge is a very good use of the MSA funds. In the long run, the City will gain from it. Councilmember Kunza agreed. It will provide $160,000 that can be put back into street maintenance. Councilmember Dehn supported the recommendation of the Fire Department for an emergency route and to complete an access from Prairie Road to Andover Boulevard. Though in principle she agrees with Councilmember Knight, in this case she felt the expenditure benefits the residents in the area and benefits the traffic on Andover Boulevard next to the railroad tracks. She felt each case will have to be reviewed on its own merits. Motion carried on a 3-Yes, 2-No (Jacobson, Knight) vote. COON CREEK WALKWAY/BIKEWAY/TRAIL DISCUSSION/IP95-24 MOTION by Knight, Seconded by Kunza, to table Item 8 to the next meeting. Motion carried unanimously. The Council recessed to hold an HRA and an EDA meeting, 11: 25; reconvened at 11:27 p.m. WALKWAY/BIKEWAY/TRAIL DISCUSSION MOTION by Dehn, Seconded by Kunza, to table to the next meeting. Motion carried unanimously. ADDITIONAL PARCELS/CONDEMNATION/IP94-33 Attorney Hawkins explained the reason for bringing the additional parcels into the condemnation preceding is because they are needed for the extension of Commercial Boulevard and the service road along Bunker Lake Boulevard. Because of the expense, it is more economical to combine as many parcels as possible into one condemnation action. It will take at least 90 days, and in the mean time they can continue discussions with the property owners. The service road will be far enough from the county road so it will not be affected when Bunker Lake Boulevard is reconstructed. The Mistelski parcel was appraised several months ago, and Mr. Mistelski rejected the City's offer. MOTION by Jacobson, Seconded by McKelvey, the Resolution ordering condemnation for right-of-way grading and temporary easements that are necessary to be included with Project 93-33, Commercial Boulevard Extension, as presented. (See Resolution R023-96) Motion carried on a 3-Yes, 2-No (Dehn, Kunza) vote. Regular Andover City Council Meeting Minutes - February 6, 1996 Page 14 ANDOVER LIMITED PARTNERSHIP/DOWNTOWN CENTER/TIF Attorney Hawkins explained the conditions of the development contract the City entered into with Andover Limited Partnership in 1986 for the development of the Downtown Shopping Center. The difference from the contract amount of $900,000 and what the City actually contributed i3 $118,000. The City now has a sufficient amount to pay that difference. At the same time, the fiscal disparity money has resulted, and Andover Limited Partnership has agreed to reimburse a portion of the original amount. They are still making payments to the City and the City will be coming out ahead in the long run. MOTION by Dehn, Seconded by Knight, to so move (authorize distribution of $118,461.77 made payable to the Andover Limited Partnership and First Bank National Association). Motion carried unanimously. MAYOR/COUNCIL INPUT North Metro Mayors' Association - Mayor McKelvey noted the next meeting to be held on February 22 and invited everyone to attend. Setting costs for construction of City buildings - Councilmember Knight stated he ran across an advertisement for RFP for construction manager that listed a maximum dollar amount for the project. It showed that what Andover has done is not out of line. Councilmember Kunza wondered if it would be more economical to look at the maintenance building for Public Works at the same time the City Hall offices are built. Th-:> Council suggested that be discussed with the construction manager when one is hired. Personnel Policy update - Mr. Fursman stated they plan to bring the revised Personnel Policy to the Council the second meeting in March. Performance of the Metropolitan Council - Mr. Fursman asked the Council to fill out the report card that he placed before each Councilmember. He will compile an average and send in Andover's response. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Kunza, payment of claims. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting was adjourned at 11:40 p.m. \\~,~~d' M~cella A. Peach, Recording Secretary