Loading...
HomeMy WebLinkAboutCC July 16, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - July 16, 1996 agenda Bookmark Name Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Item 1. Metropolitan Council/Growth OptionslDick Thompson metcouncil 2. Public Hearing/Ordinance Establishing 90-day Moratorium/MUSA moratorium 3. Discuss Possible Sidewalk/95-23/Woodland Terrace sidewalk 4. Discuss Drainage/95-14/Crooked Lake Blvd. NW, Cont. drainage 5. Award Bid/95-14/Crooked Lake Blvd. NW, Cont. bid9514 6. Approve Preliminary PlatlIndian Meadows 4th Addition inmead4 7. Approve Preliminary Plat/Hunter's Hollow hunterho 8. Approve SUP/Sign/Hunters Hollow sup 9. Public Works Building Discussion publicworks 10. Approve Wetland Buffer Ordinance wetland 11. Anoka County HRNTax Levy hra EDA Meeting 12. Purchase of Wilber Auto Parts wilber 13. Deposit on Charles Mistelske Parcel mistelske 14. Deposit on Richard Heidelberger Duplex heidelberger Reports of Staff. Committees. Commission 15. Approve Temporary Non-Intoxicating Liquor License/Sno-dragons liquor Non-Discussion/Consent Items 16. Award Bid/94-33/Commercial Blvd. NW bid9433 17. Award Bid/93-17/Crown Pointe bid9317 18. Approve Feasibility Report/96-14/14210 Crosstown Blvd. NW feas9614 19. Approve Amendment to Development Policy Guidelines policy 20. Approve Slurry Seal Maintenance Project slurry 21. Order Plans & Specs/96-8/Miscellaneous Bituminous Park Trails order968 22. Approve Plans & Specs/96-8/Miscellaneous Bituminous Park Trails appr968 23. Approve QuoteslBasketball Hoops/Creekview Crossing and Sunshine Park hoops 24. Approve PurchaseIDigital Planimeter digital 25. Approve Kennel License Renewal kennel 26. Appoint Election Judges/Primary Election election 27. Ordinance 102 Amendment ordinance 28. ICMA Conference icma 29. Approve Animal Control Contract animal 30. Flag Contest Judging flag Mayor-Council Input Payment of Claims Adjournment " REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 110, 1996 TABLE OF CONTENTS AGENDA APPROVAL . . · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R131-96 awarding bid/IP94-33/Commercial Blvd · · 1 Resolution R132-96 awarding bid/IP93-17/Crown pointe · · · · 1 Resolution R133-96 approving feasibility/IP96-14/14210 Crosstown Boulevard · · · · · · · · · · · · · · · · · 1 Approve slurry seal maintenance project · · · · · · 1 Resolution R134-96 ordering plans and specs/IP96-S/miscellaneous bituminous park trails · · · · · · · · · · · 1 Resolution R135-96 approving plans and specs/IP96-S · · · 1 Approve quotes/basketball hoops/Creekview Crossing & Sunshine 1 Approve purchase/digital planimeter · · · · · · · · · 1 Approve kennel license (Dover Kennels, Rescue Saint Bernards) 1 Resolution R136-96 appointing election judges/primary election 1 Ordinance 102 amendment · · · · · · · · · · · · · · · 1 ICMA conference/City Administrator · · · · · · · · · · 1 Approve animal control contract · · · · · · · · · · · · · · · 1 Resolution R137-96 ordering plans and specs/IP94-33/Commercial Boulevard/contaminated soil and debris removal · · 2 Resolution R13S-96 approving plans and specs/IP94-33 · · · 2 APPROVAL OF MINUTES . · · · · · · · · · · · · · · 2 METROPOLITAN COUNCIL/GROWTH OPTIONS · · · · · · · · · · · · 2 PRELIMINARY PLAT/INDIAN MEADOWS 4TH ADDITION · · · · · · · · · 3 Motion to table, dies for lack of Second · · · · · · · · · 5 Resolution R139-96 approving plat · · · · · · · 5 Motion to erect No Truck signage in surrounding neighborhoods 5 PRELIMINARY PLAT/HUNTER'S HOLLOW · · · · · · · · · · · · 5 Resolution R140-96 approving plat · · · · · · · · · 7 PUBLIC HEARING/ORDINANCE ESTABLISHING 90-DAY MORATORIUM/MUSA · S Motion to approve (fails for lack of 4/5 vote) · · · 9 DISCUSS POSSIBLE SIDEWALK/IP95-23/WOODLAND TERRACE · · · · · · 9 DISCUSS DRAINAGE/IP95-14/CROOKED LAKE BOULEVARD NW · · · · · 9 AWARD BID/IP95-14/CROOKED LAKE BOULEVARD NW Resolution R141-96 rejecting bids · · · · · · · · · · · · · · 10 SPECIAL USE PERMIT/SIGN/HUNTER'S HOLLOW Resolution R142-96 approving permit · · · · · · · · 10 PUBLIC WORKS BUILDING DISCUSSION Motion to seek quote/Adolfson & Peterson/Construction Mgmt · 10 WETLAND BUFFER ORDINANCE Motion to approve · · · · · · · · · · · · · · · · · · · · 11 AMENDMENT TO DEVELOPMENT POLICY GUIDELINES Motion to approve · · · · · · · · · · · · · · · · · 11 PARKING REQUEST/GOLF TOURNAMENT Motion to deny · · · · · · · · · · · · · · · 12 JEFF NOVAK REQUEST (acknowledge withdrawal of request) · · · · 12 TEMPORARY NON-INTOXICATING LIQUOR LICENSE Motion to approve extension to Pov's Sports Bar & Grill · 12 ANOKA COUNTY HRA/TAX LEVY · · · · · · · · · · · · · · · · 12 Motion to decline to participate · · · · · · · · · · 13 FLAG CONTEST JUDGING · · · · · · · · · · · · · · · · 13 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · 13 MAYOR/COUNCIL INPUT City Hall project update · · · · · · · · · · · · · 13 ADJOURNMENT . . . . . · · · · · · · · · · · · · · · · 13 - -- "- --_._- ~ - - - ---- ~ ellÞ¡tilp CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - JULY 16, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on July 16, 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 Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Add Items l1a, Parking Request/Golf Tournament; Ilb, Jeff Novak Request; 31, Order Plans and Specifications/IP94-33/Commercial Boulevard NW/ Contaminated Soil and Debris Removal; 32, Approve Plans and Specifications/IP94-33. Remove from Consent Items for discussion Items 19, Approve Amendment to Development Policy Guidelines; and 30, Flag Contest Judging. MOTION by Dehn, Seconded by Kunza, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 16 Award Bid/IP94-33/Commercial Boulevard NW (See Resolution RI31-96) Item 17 Award Bid/IP93-17/Crown Pointe (See Resolution RI32-96) Item 18 Approve Feasibility Report/IP96-14/14210 Crosstown Boulevard NW (See Resolution R133-96) Item 20 Approve Slurry Seal Maintenance Project Item 21 Order Plans and Specs/IP96-8/Miscellaneous Bituminous Park Trails (See Resolution RI34-96) Item 22 Approve Plans and Specs/IP96-8/Miscellaneous Bituminous Park Trails (See Resolution RI35-96) Item 23 Approve Quotes/Basketball Hoops/Creekview Crossing and Sunshine Park ($2,145.63 from Minnesota Wisconsin Playground, Inc. ) Item 24 Approve Purchase/Digital Planimeter ($750 plus tax and delivery from Sokkia Measuring Systems) Item 25 Approve Kennel License Renewal (Dover Kennels, Rescue Saint Bernards) Item 26 Appoint Election Judges/Primary Election (See Resolution R136-96) Item 27 Ordinance 102 Amendment Item 28 ICMA Conference/City Administrator Item 29 Approve Animal Control Contract h . - .---.-- Regular Andover City Council Meeting Minutes - July 16, 1996 Page 2 (Consent Agenda, Continued) Item 31 Order Plans and Specs/IP94-33/Commercial Boulevard NW/Contaminated Soil and Debris Removal (See Resolution R13 7- 96) Item 32 Approve Plans and Specs/IP94-33 (See Resolution R138- 96) MOTION by Dehn, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES June 18, 1996, Regular Meeting: Correct as written. July 2, 1996, Regular Meeting: Correct as written. July 2, 1996, EDA Meeting: Correct as written. MOTION by Jacobson, Seconded by Kunza, to approve all three Minutes. Motion carried unanimously. METROPOLITAN COUNCIL/GROWTH OPTIONS Dick Thompson, Metropolitan Council Staff, asked for feedback from the Council on the growth options for the seven-county area. The Met Council has been directed by the state legislature to plan how the community should grow to the year 2020. Factors that have been identified which will affect growth are the demands created by the baby boomers, the expected shift in housing needs, and the shortage of public dollars to build the public infrastructure. The three options being considered are to develop at the current trend which covers the most area and is the most costly, to concentrate development within the existing urban area which covers the smallest area and is the least costly, or to develop growth centers commingling housing with retail businesses. It is expected, however, that a hybrid option including a mixture of growth characteristics from each growth option is likely to emerge. Mayor McKelvey felt that the concentrated growth option is why most of the people are moving farther away, creating the problems now being faced. He felt the growth options should be either the current or growth centers or a combination. Councilmember Dehn asked what thê policy is going to be for agricultural property. She felt it is important to protect it; because once the land is developed, it will never go back to farming. Mr. Thompson stated the Met Council policy has been to have a density of one for ten in the rural areas. That was first proposed as a method of preserving agricultural property with the thought that people would not be able to afford the larger lots; however, that has not proven to be successful. Councilmember Jacobson never agreed with the one for ten policy in rural areas. He felt the Met Council has to be more flexible to prevent the leapfrogging and to recognize that the northern suburbs are not the same Regular Andover City Council Meeting Minutes - July 16, 1996 Page 3 (Metropolitan Council/Growth Options, Continued) as the southern ones. He also felt they cannot force development and housing styles through a centralized plan, which is one of the reasons Andover did not participate in the Livable Communi ties Act. He suggested the Met Council look internally at the conflict of interest before voting. Also, they should provide mass transit to Andover as a means of alleviating a lot of the transportation problems, thinkin9 many people would take advantage of it. Mr. Thompson agreed the one in ten density policy has not been successful and that the Met Council must be flexible. He also acknowledged there is a big difference between the northern and southern suburbs and stated that public transit will be addressed. Creativity is needed to get people to use the buses. Councilmember Knight had attended a conference recently which indicated the Twin Cities areas has the third worst metropolitan sprawl in the United States. It was also said that by the year 2020, it will be a solid urban area from St. Cloud to Rochester. Given the fact that the Metropolitan Council was created as a model for the nation to control growth, he is troubled with those statements. Mr. Thompson stated the Twin Cities area is the least dense metropolitan area in the country, which relates to the transit issue; and to some extend, the Met Council has failed. The Council has managed the sprawl but not stopped or controlled it. The population projections do not indicate the urba~) expansion to the extent projected at that conference. Mr. Thompson asked that within the next week or two the Council send the Metropolitan Council written comments, either individually or collecti vely as a Council, on their opinions regarding the growth options. APPROVE PRELIMINARY PLAT/INDIAN MEADOWS 4TH ADDITION Mr. Erickson reviewed the proposed plat of Indian Meadows 4th Addition as being developed by North Suburban Development, which consists of 29 single family rural residential lots. Variances are being requested from Ordinance 10, Section 9.06 A3 for lots that do not meet the minimum 39,000-square-foot requirement; however, the specific lots have not yet been provided by the developer. The neighboring residents have expressed a concern with increased traffic accessing Seventh Avenue and going over the roads in their development. The intersection of CoRds 7 and 20 has met warrants, but the county hasn't prioritized that intersection and no time frame has been given as to when it will be installed. The existing streets in the neighboring subdivisions were installed several years ago and are in fairly tough shape. The concern is the additional traffi~ from the development could damage those streets at a faster rate. The developer has agreed that all traffic during construction of the plat will access from 157th Avenue. Also, temporary signs can be installed for two or three years to limit the truck traffic within those developments. Ken Gust, engineer for the developer, stated since the public hearing held by the Planning Commission, they have researched the exact septic Regular Andover City Council Meeting Minutes - July 16, ~996 Page 4 (Preliminary Plat/Indian Meadows 4th Addition, Continued) system area for each lot. Based on preliminary borings, the only lots that will need a variance from the 39,000-square-foot requirement are Lots 1 and 2, Block 5, and Lot 4, Block 4. Bruce Kerber, General Manager from North Suburban Development, explained they have hired a firm who is laying out each lot based on the design for a four-bedroom home and preparing a detailed model with the location of the septic systems. It is quite time consuming, so it will not be completed until the end of the month. Without sewer and water, their construction traffic will be minimal, and they will be coming irr of f CoRd 20 rather than through the existing development. He has a personal interest in doing a good job and appeasing the residents, as he ~~ill be living on Lot 11. Councilmember Jacobson noticed rock construction indicated at the entrance in the grading plan. He also questioned the berm. He wanted to make sure storm water from the plat is not being drained to property outside of the plat, particularly the area to the north that has no outlet. Mr. Erickson stated that is a temporary rock entrance during construction so dirt is not tracked back onto the road. Bituminous berm is the design for rural residential streets. Mr. Gust stated all storm water from the plat is retained in the plat, and none will go to the areas referred to by Councilmember Jacobson. Councilmember Jacobson asked if something is being done to the beaver pond and the line of oak trees which were referred to by resident'! during the public hearing. He asked about easements to the storm water ponds and the plans over the high-pressure natural gas pipeline which goes through the plat. Mr. Erickson stated the pond is outside of the plat. Trees will be protected under the Tree Protection plan, but some are expected to be removed for the construction of 155th. The Tree Protection Plan is not approved until the Forester inspects the barriers installed for tree protection. He also noted that Public Works has reviewed all accesses to the storm water retention ponds in the plat. Mr. Gust explained no structures will be built over the gas line, but the road will go over it. They have specific requirements to meet and permits to obtain when crossing that easement, plus the gas company will have inspectors on site while they are working over the line. Sue Otterman, Indian Meadows - felt that because of the children and heavy truck traffic, the construction traffic should come from 157th at Xenia. Once development occurs, there will be more traffic on 155th, and she would like to see stop signs installed. Why can't the traffic be diverted out to Seventh Avenue from 154th instead of 155th? Mr. Erickson explained the plat conforms to the original design. Mr. Gust stated 154th would have to go through a wetland to access Seventh Avenue, but he felt the traffic will likely go south on Eldorado as i~ will to go north to 155th. During construction, most traffic will gc through Xenia to CoRd 20. The Council explained it is not legal to install stop signs to control traffic, nor can they reduce the speed limit. They did suggested that Public Works install "Children at Play" signs throughout the development, which may help reduce the speed. Regular Andover City Council Meeting Minutes - July 16, 1996 Page 5 (Preliminary Plat/Indian Meadows 4th Addition, Continued) The Council was reluctant to approve the plat until the specific lots are identified that will need variances and Staff has a chance to review them. MOTION by Dehn to table this to the next meeting so Staff has ha1 further time to evaluate the variance information and come back with a recommendation. Motion died for lack of a Second. The developer explained only those three lots will need variances. They have met with the Building Official, Dave Almgren. Mr. Erickson suggested the plat be approved this evening with the variances on the three identified lots; and if they find other variances are needed, the developer will have to make a separate request for those variances. MOTION by Jacobson, Seconded by Knight, to Resolution approving the preliminary plat of Indian Meadows 4th Addition with the following changes: Item 1, change to read: "A variance to Ordinance 10, Section 9.06 A3 for Lots 1 and 2, Block 5, and Lot 4, Block 4, that do not meet the minimum 39,000-square-foot requirement subject to a report from the developer regarding on-site sewage treatment as required and approved by the Building Department for any or all lots prior to any grading." After Item 5, add Item No.6, Subject to approval by the City of a Tree Protection Plan and on-site marking. (See Resolution RI39-96) Motion carried unanimously. MOTION by Dehn, Seconded by Kunza, to include No Truck signage for the roads in question, especially to minimum quality roads, on those roads as deemed necessary. (referencing the already developed Indian Meadows neighborhoods) Motion carried unanimously. APPROVE PRELIMINARY PLAT/HUNTER'S HOLLOW Mr. Erickson reviewed the preliminary plat of Hunter's Hollow, which consists of 22 single family rural residential lots being developed by Gold Nugget Development Company. Variances to the 39,000-square-foot minimum requirement are being requested for Lots 2 and 4, Block 1; Lot 1, Block 2; Lot 1, Block 3; and Lot 6, Block 4. The variance originally requested for the tangent section between reserve curves is no longer needed. There was substantial public opposition to the extension of Heather Street between 164th Lane and 164th Avenue, though the construction of the cul-de-sacs on those streets were not intended to be permanent. They are long deadend cul-de-sacs which greatly exceed the ordinance requirement for maximum length. Public safety is the reason the Andover Review Committee and the Fire Department recommended those streets connect to this plat. Councilmember Knight felt that to connect 164th Lane and Avenue with Heather Street as proposed really puts a burden on two homeowners. He didn't recall having a cul-de-sac removed before where the City deliberately turned the existing lot into a corner lot. Normally the Regular Andover City Council Meeting Minutes - July 16, 1996 Page 6 (Preliminary Plat/Hunter's Hollow, Continued) extension of a temporary cul-de-sac will go straight through. On the other hand, this is the only chance to make a connection to the east. Councilmember Jacobson felt the lot and block numbers are confusing, as there are two Block 3s in the same plat. He asked where the house will be located on Lot 6, Block 3, in the lower portion of the plat. Horst Grazer. Gold Nuqqet Development - stated that lot is very large with the majority in the flood plain. The peat is extremely deep, making the lot nonbuildable. It may be purchased by the adjoining sod farmer. The lot originally started as an outlot, but the Council had preferred it be labeled as a lot. Councilmember Jacobson preferred it remain labeled as a lot. He too was concerned with Heather Street. He understood the premise behind building it, but he felt it doesn't make sense to place that road there. It provides no purpose. He noted the septic system is shown quite a distance from the house on Lot 3, Block 4. Do they have the penaits to cross the wetlands for 166th Lane? John Berq. developer's enqineer - stated that location of the septic system on Lot 3 is where the suitable soils are found and the system can be located to meet all regulations. The location is down hill from where the house will be located. The watershed has given approval for the plat. The wetlands will be crossed with 48-inch culverts. They have reduced the total flow from the site, keeping it on site, so there will be no flooding down stream as a result of the plat. In discussing the split median at the entrance of 166th off Round Lake Boulevard, Mr. Erickson stated the monument sign will be placed on private property. The median is for traffic and aesthetics. Councilmember Jacobson expressed concern with the sod truck traffic tha~ will be going through the developed neighborhood. There was also talk of converting that area to a commercial driving range. That type of traffic can create problems for the people moving in, so they should know up front about the commercial truck traffic and possible recreational traffic going through their area. Councilmember Knight had the same reservations, wondering if there is a more logical entrance for the sod farming operation that would be less bothersome for everybody. Mr. Berg stated the layout of the plat didn't work out to allow the sod trucks to use the existing path to Seventh Avenue. He expected that farm will now use 166th Avenue as its exit. The bituminous on the street is designed for garbage trucks, and sod trucks weigh much less; so he saw no problem with the capability of the street handling the truck traffic. Mr. Grazer stated there is an easement adjacent to the north quarter quarter that accesses Round Lake Boulevard, but it has not been constructed. They have told the sod farmer that he can no longer use the southern path as an access. Regular Andover City Council Meeting Minutes - July 16, 1996 Page 7 (Preliminary Plat/Hunter's Hollow, Con tinued) Mike Ekstrom. 3040 164th Lane - noted the petition opposing the Heather Street connection given to the Council from all residents along 164th Lane except one family. He highlighted the six reasons listed in the petition for opposing that connection. The plat gives the developer three cul-de-sacs, which gives him a greater profit, at the expense of them loosing their cul-de-sac. The people do not want the Heather Street connection and the developer does not want it. The new road would be 50 feet from his neighbor, who has two young children. He asked that the Council not dictate to them what is best for them. Todd Mickley. 3020 164th Lane NW - stated the whole neighborhood is opposed to the connection. His property would be on the corner, wit'"! the back of his house 33 feet from his property line. A road adjacent to his property creates an undue hardship on him. There is a shed 10- feet from the property line which wouldn't meet code if it becomes a street, plus his neighbor also has a shed. His property wasn't laid out with the intent of having a side street. Another person from the development east of this area expressed concern with the farming operation, as they are all tired of the trucks through their development. It is not only a safety issue for children, but the noise. The developer had mentioned that $250,000 to $300,000 houses were going to be constructed in the development. He wondered how many would like to listen to the trucks after investing that amount of money in their homes. It was also noted that last weekend there were airplanes landing on that property, which created considerable noise. He also didn't think they needed another lake. The Park Board recommended cash in lieu of land, but he thought this would be an appropriate area for a playground and/or nature area. There is also concern with the speed on 164th Lane to Round Lake Boulevard, as it has the potential of becoming a speedway. Further Council comments were on the possibility of widening the cul-de- sac on 164th Lane to the permanent full-sized requirements, th~ possibility of installing "Children at Play" signs along 164th Avenue tc reduce the speed of traffic, that a speed study could be done along 164th Avenue since there is no possibility of the speed being increased, that it may be necessary in the future for the sod farming operation to construct an access out the northern easement if traffic through the developments becomes a problem, and that the bituminous on 166th should be sufficient to handle the additional sod truck traffic. Councilmember Dehn pointed out that the City's policy is to preserve farm land and open spaces, but farming operations also create noise, dust and other nuisances. MOTION by Jacobson, Seconded by Knight, the Resolution approving the preliminary plat of Hunter's Hollow as presented with two changes: under Item 2, the tangent section between the reverse curves, eliminate completely, and change to "On the preliminary plat, remove the north- south section of Heather between 164th Lane and 164th Avenue. (See Resolution RI40-96) Motion carried unanimously. Regular Andover City Council Meeting Minutes - July 16, 1996 Page 8 PUBLIC HEARING/ORDINANCE ESTABLISHING 90-DAY MORATORIUM/MUSA 9:05 p.m. Mr. Carlberg stated Staff met with the developers on July 12, and at that meeting an agreement was reached on the development of MUSA properties within the 1995-2000 time frame. One of the reasons a moratorium was discussed was to allow Staff time to create that development program, which is now completed. Staff must still write the policies and incorporate them into the ordinances, plus formalize the development table and attach the policy statement to the Comprehensive Plan. Staff is still concerned with the ability to handle plats as well as write the policies and procedures. Mayor McKelvey opened the hearing for public testimony, 9:10 p.m. Bvron Westlund. 3318 167th Lane NW. Woodland Development - was concerned with the fairness issue. The proposal is that preliminary plats be processed by December 31 of this year for any development in 1997. This moratorium would effectively shut the door on any development fOL Woodland until 1998. The only plat that has been approved for 1997 is Shadowbrook, which would given them the corner on the market with no other competition. The development table was agreed to at the meeting, which everyone thinks is workable. He'd like to work with that. To expedite the matter, he suggested the possibility of not having to plat all contiguous property. The sketch plan would show all acreage" but the preliminary plat would only be for the phase they are working on; and that would reduce the work load for the Staff. Another idea would be to extend the preliminary plat process beyond December 31, possibly to March 1 of next year. Or allow the platting process to continue as it is now and possibly implement a moratorium in early 1997. MOTION by Knight, Seconded by Kunza, to close the public hearing. Motion carried unanimously. 9:14 p.m. There was a lengthy discussion on the pros and cons of enacting a moratorium. Mayor McKelvey argued against a moratorium, since the staging of development to the year 2000 has already been agreed to by the developers. Since a moratorium would apply only to urban developments, and any plat to be constructed in 1997 must be approved by December 31 of this year, he did not see a need for a moratorium the first of January either because plats in the MUSA area should not b~ coming in at that time. Councilmember Knight understood the reason for a moratorium was to free up Staff time to be able to plan for this development, so he didn't understand why there wouldn't be a moratorium on the rural plats as well. Winslow Holasek stated new policies will be enacted which 2.ffect development in the MUSA. That means that if a moratorium is not in place until January 1, those plats to be constructed in 1997 will be under the existing policies; and those plats constructed in 1998 and beyond will have to meet new guidelines. He didn't think that was fair. Jerry Windschitl, Ashford Development, stated the City has had two large MUSA expansions in the past. The availability of the trunk and the Regular Andover City Council Meeting Minutes - July 16, 1996 Page 9 (Public Hearing/Ordinance - 90-day Moratorium/MUSA, Continued) market will drive how much acreage will be developed, and he felt there is a fear that something will happen this time that hasn't happened in the past. A suggestion might be to look at additional staffing for a period of time, as all of that time would be billed back to the developers so there would be no expense to the City. He stated a January 1 deadline for plat approval in the MUSA area would be workable on the assumption that there was sufficient Staff time to review and process them. He questioned what policies and guidelines are being considered. Mr. Fursman didn't think there would be any changes to the ordinances unless the Council directs it. In addressing the fairness issued raised by Mr. Holasek, he didn't feel there would be significant changes in the procedures for 1997 as opposed to 1998 and 1999. Mr. Erickson explained time is needed to clean up some documents, look at the assessment policy, formalize the development schedule into a policy, update the capital improvements plan for trunk sewer and water, codify Ordinances 8 and 10, and so on. MOTION by Jacobson, Seconded by Dehn, the ordinance as presented by Staff with the change in the dates to begin January 1, 1997, and end 90 days thereafter and have Staff adjust the dates within this ordinance tJ conform with that formula. Motion fails on a 3-Yes, (Dehn, Jacobson, Knight), 2-No (McKelvey, Kunza) vote, as a 4/5 vote is needed on this issue. 9:55 p.m. DISCUSS POSSIBLE SIDEWALX/IP95-23/WOODLAND TERRACE Mr. Erickson asked the City Council to consider the neighborhood request of installing a sidewalk along the service road from Narcissus Street NW east to Heather Street NW. Another alternative would be to cut through a back yard within Woodland Terrace and through the Assembly of God Church property. Residents and a representative of the church had indicated a willingness to provide easement for a sidewalk. The Council asked Staff to pursue the issue further. DISCUSS DRAINAGE/IP95-14/CROOKED LAKE BOULEVARD NW, CONTINUED Mr. Erickson reported the hydraulic study done by MSA Consulting Engineers on the Crooked Lake Boulevard/Bunker Lake Boulevard intersection indicates the additional discharge from the project to the southeast corner property would raise the pond elevation 2 1/2 to 1 inches. It is already a marginal area with no outlet. Properties affected are David's, Veiman's and the majority on Orttel's. Mr. Orttel is not interested in granting an easement over the area to allow the additional discharge. Options now would be to place additional piping for the storm drainage which would impact the cost of the project, to get the county involved, to stop the project about 500 feet short of the intersection and do the intersection at another time or with the county's improvement of Bunker Lake Boulevard, or to stop the project altogether. Regular Andover City Council Meeting Minutes - July 16, 1996 Page 10 (Discuss Drainage/IP95-14/Crooked Lake Boulevard NW, Continued) The Council discussed the options and noted the initial reason for the project was to correct a safety problem at the intersection. Some did not want to see the project done in two steps, as it would be a waste of money and an inconvenience for the residents on two separate occasions. Staff was asked to approach the county since some of the storm water comes from their road, though it was recognized that any agreement with the county probably wouldn't be reached this year. AWARD BID/IP95-14/CROOKED LAKE BOULEVARD NW MOTION by Dehn, Seconded by Kunza, to reject the bids for Project IP95- 14/Crooked Lake Boulevard NW. (See Resolution R141-96) Motion carried unanimously. The Council recessed at 10:20; reconvened at 10:27 p.m. APPROVE SPECIAL USE PERMIT/SIGN/HUNTER'S HOLLOW MOTION by Jacobson, Seconded by Dehn, the Resolution granting the Special Use Permit request of Gold Nugget Development, Inc. , to erect an area identification sign of the entrance of Hunter's Hollow with the change, second page, add Item 8, "The sign is not approved to be placed in the road right of way. It has to be placed on private property." (See Resolution R142-96) Motion carried unanimously. PUBLIC WORKS BUILDING DISCUSSION Frank Stone, Public Works Superintendent, has found that the average cost per square foot for the vehicle storage area of a new Public Works building would cost $26 to $35 per square foot. It has been determined that four offices in the shop area are needed, for a total estimated cost of the building of $1,000,150. He asked for permission to hire an engineering firm to design this building. MOTION by Jacobson, Seconded by Kunza, to authorize City Staff to approach Adolfson and Peterson and ask them to submit a proposal for construction management contract on a public works building and to present the costs and the parameters at the next Council meeting for consideration; and at the same time direct Staff to develop a financial plan or plans for Council review, not necessarily for the next meeting but within the next 1 1/2 to 2 months. Motion carried unanimously. Attorney Hawkins stated there are no plans for the Mistekski building that is being acquired which is located on the corner of Bunker Lake Boulevard and Jay Street. The Council felt that may be a good place to store Public Works equipment this winter. Regular Andover City Council Meeting Minutes - July 16, 1996 Page 11 APPROVE WETLAND BUFFER ORDINANCE Mr. Carlberg explained the proposed ordinance will establish a 16.5-foot buffer strip to protect wetlands through development and building construction. Silt fences that are used to delineate the wetland boundaries will be moved out to protect that buffer strip. The fence will be left up until the landscaping is completed. The land owners then take over and can do what they want with the buffer strip. This ordinance does not impact the home owner. Jerry Windschitl, Ashford Development, noted under Section 7, it will be impossible to obtain a variance under Ordinance 8 because it is not practical to show a hardship variance. Staff should have the ability to look at this during the grading plan and decide as to whether or not a buffer area should be disturbed. There are cases where the buffer has to be disturbed for erosion control, grading or maintaining slopes, etc. Byron Westlund, Woodland Development, noted in Section 6, the word monuments is used, but there is no definition. Also, at a special meeting with the Council, the developers discussed the size limitations to which these regulations will apply. If there are smaller wetlands in the middle of a back yard, the buffer strip could virtually eliminate the yard. Once the property owner takes over, everything they tried to do could be eliminated. Winslow Holasek understood the protection is for wetlands, not storm water ponds. He didn't understand why storm water ponds are required since the wetlands are a natural filter of pollutants; yet now they must filter the water before it gets to the wetlands and put it directly int~ the ground water supply. It makes no sense to him. Mr. Carlberg felt it is difficult to set a minimum size to which the ordinance would apply. Each would have to be looked at separately, but he felt it would apply to wetlands of 1 to 2 acres or more in size. MOTION by Jacobson, Seconded by Dehn, the Ordinance as presented with the following changes on Page 4: Section 6, Wetland Buffer Strip Protection Plan, first paragraph, Item 2, change "monuments" to "measures" (Location of wetland buffer measures) . Section 7, Variances, Sections a and b, reference to "Ordinance No.8, Section 5.04" be changed to "Ordinance 10, Section 17"; and in Section b, change "variance shall only be" to "variance may only be granted...". Motion carried on a 3-Yes, 2-No (McKelvey as he didn't believe this is necessary, Kunza) vote. APPROVE AMENDMENT TO DEVELOPMENT POLICY GUIDELINES MOTION by Knight, Seconded by Kunza, to approve the request. (amend Development Policy guidelines to include Urban Plat Street and Utility Construction Time Table). Motion carried unanimously. Regular Andover City Council Meeting Minutes - July 16, 1996 Page 12 PARKING REQUEST/GOLF TOURNAMENT Council noted the request of Randy Bromley to be allowed to use the Hills of Bunker Lake 5th park to provide parking for the Burnette Golf Tournament. Mr. Bromlev - stated he is an individual party who is looking to provide parking for the overflow of the golf tournament at the north entrance to Bunker Lake park. He is not an official of the tournament. The Council noted that it is not legal for an individual to use public property fOe private gain. MOTION by Jacobson, Seconded by Knight, to deny the request. Motion carried unanimously. JEFF NOVAK REQUEST, CONTINUED Mayor McKelvey stated the item was tabled at the last meeting. Mr. Novak has requested the item be withdrawn from consideration. The Council verbally acknowledged the request. APPROVE TEMPORARY NON-INTOXICATING LIQUOR LICENSE/SNO-DRAGONS Mayor McKelvey explained pov's Sports Bar and Grill has asked to extend his liquor license to cover the softball fields to sell liquor outside during the Family Fun Fest while a band plays on the fields. At the first check with Liquor Control, the City was told it could not be done, so the Sno-Dragons Snowmobile Club requested a non-intoxicating liquor license. On July 11, Brad Povlitzki from Pov's met with Liquor Control and was told he could have an extension of a premise permit for , special event. The City Clerk has now verified that it is permissible to extend the license. Therefore, the request of the Sno-Dragons has been withdrawn, and Pov's is asking for an extension of the liquor license for July 19 and 20. MOTION by Dehn, Seconded by Kunza, to approve the extension of 1iquor premise permit for the dates of July 19 and 20, 1996, to Pov's Sports Bar and Grill. Motion carried on a 4-Yes, I-No (Jacobson) vote. ANOKA COUNTY HRA/TAX LEVY Mr. Carlberg explained the ci ty chose not to participate in the 1996 program of the Anoka County Housing and Redevelopment Authority. The Council is being asked to reconsider, which would mean the City would levy a special benefit tax for 1997 to fund projects of the County HRA being done throughout the county. Council discussion noted to participate would mean about a 4 1/2 percent tax increase to the residents. They were concerned with the high tax burden it would put on the residents and with how the money is being spent. They asked for a breakdown of administrative costs. Regular Andover City Council Meeting Minutes - July 16, 1996 Page 13 (An aka County HRA/Tax Levy, Continued) MOTION by Jacobson, Seconded by Dehn, that the City Council decline to participate in the Anoka County Housing and Redevelopment Authority program. Motion carried unanimously. The Council recessed at this time to hold an EDA meeting, 11:17; reconvened at 11:18 p.m. FLAG CONTEST JUDGING The Council reviewed the entries for the Andover Flag Contest. The winning entry was submitted by Marlee Riddle, 172nd Avenue NW. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Kunza, approval of claims in the amount of $2,580,005.36. Motion carried unanimously. MAYOR/COUNCIL INPUT City Hall Project Update - Staff presented several proposed changes to the new City Hall building. The Council gave verbal approval of eliminating the false gable on the roof and instead put the money into a domed entryway to be able to utilize skylight in that corridor. The cable area should be reduced with some of the equipment possibly located in the computer room or in the existing building. Reduce the size of the coat rack and coffee room to allow for expanded office space. Extend the sidewalks in the northwest area and in the back of the Council chambers, plus landscaping. Staff noted some minor reconfiguration of the Staffing area and the lowering of the windows to be able to view the outdoors while seated at desks. They also proposed a permanent podium in the Council chambers, though Councilmember Jacobson opposed that suggestion, preferring to have the flexibility of being able to move it. Staff will also explore the parking and possible expansion, though the current parking lot exactly meets the requirements of both structures. The drainage is to the east, and it will continue in that direction after the new building is constructed. Council suggested Staff look at the cost of placing brick around the entire structure, both the existing and new building. Plus research the installation of a community billboard for the intersection of Crosstown and Hanson Boulevard. Consideration should also be given to sponsorships or accepting donations for the sign. MOTION by Jacobson, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting was adjourned at 11:56 p.m. ~~;;~ M rc lla A. Peacti, Recording Secretary - ..