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HomeMy WebLinkAboutCC June 4, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612)755-5100 Regular City Council Meeting - June 4,1996 agenda Bookmark Name Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Items 1. Senior Housing Update senior 2. Amend Ordinance 8, Section 3.02 & 7.01 ordinanceS 3. PUD Ordinance Discussion PUD 4. Special Use Permit/SuperAmericaJ13727 Hanson Boulevard NW SUP 5. .Status of Ditch 37 Study/94-20 ditch37 6. New Development Status Report newdev 7. Approve Plans & Specs/94-33/Commercial Boulevard Extension ps9433 Reports of Staff. Committees. Commission 8. Cul-de-sac Discussion culdesac 9. Status of Well No.5 wellnoS Non-Discussion/Consent Items 10. Variance/14736 Crane Street NW Gunderson II. Variance/3220 - 138th Avenue NW Holm 12. Variance/14677 Bluebird Street NW Kramasz 13. Approve Summary Ordinance I 13/Antenna/Power Ordinance Antennas 14. Release Letter ofCredit/Pheasant Meadows/Grading grading 15. Accept Petition/Order Feasibility Report/96-12/3554 - 142nd Ave NW/Watermain acptpet 16. Accept Feasibility Report/Waive Hearing/96-12 /3554 - 142nd Ave NW acptfeas 17. Approve Quotes/96-13/Miscellaneous Storm Sewer Maintenance ssmainte 18. Accept Petition/Order Feasibility Report/95-26/Shadowbrook shadowbr 19. Revise Position Title from Construction Inspector to Engineering Technician title 20. Change Mechanic to Lead Mechanic mechanic 21. Renew Recycling Contract with Anoka County recycling 22. Personnel Policy Personnel 23. Approve Payment/Bunker Lake Boulevard NW/93-30/Eminent Domain/Right-of-Way row 24. Accept Resignation/David EricksonlPark & Recreation Commission resign Mayor-Council Input Payment of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 4, 1996 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Resolution RIII-96 approving Special Use Permit/SuperAmerica 3 Status of Well No. 5 · · · · · · · · · · · · · · · · 3 Resolution R112-96 approving variance/14736 Crane Street · · 3 Resolution R113-96 approving variance/3220 138th Avenue NW 3 Approve summary Ordinance No. 113/Antenna/Tower Ordinance · 3 Resolution R114-96 accepting petition/ordering feasibility/ IP96-12/3554 142nd Avenue NW/Watermain · · · · · · · · 3 Resolution R115-96 accepting feasibility/waive hearing/IP96-12 3 Approve quotes/IP96-13/Miscellaneous storm sewer maintenance (awarded to Doug Montague Construction) · · · · · · 3 Resolution R116-96 accepting petition/ordering feasibility/ IP95-26/Shadowbrook · · · · · · · · · · · · · · 3 Revise position title from Construction Inspector to Senior Engineering Technician · · · · · · · · · · · · · 3 Change Mechanic to Lead Mechanic · · · · · · · · · · · 3 Personnel Policy · · · · · · · · · · · · · · · · · · · · 3 Approve payment/Bunker Lake Boulevard/IP93-30/Eminent Domain 3 Accept resignation/D. Erickson/Park and Recreation Commission 3 Resolution R117-96 approving change order/IP93-7/City Hall Park Complex #2/irrigation · · · · · · · · · · · · · · · 3 APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · 3 SENIOR HOUSING UPDATE · · · · · · · · · · · · · · 4 AMEND ORDINANCE 8, SECTION 3.02 AND 7.01 Motion to approve (regarding definition of family and permitted uses in residential neighborhoods or districts) · · · 4 PUD ORDINANCE DISCUSSION · · · · · · · · · · · · · · · · · 4 Motion to accept Ordinance changes · · · · · · · · · · · 5 STATUS OF DITCH 37 STUDY/IP94-20 · · · · · · · · · 5 Motion to consider localized water retention ponding · · · 6 NEW DEVELOPMENT STATUS REPORT · · · · · · · · · · · · · · · · 6 PLANS AND SPECS/IP94-33/COMMERCIAL BOULEVARD EXTENSION · · · · · 6 Resolution R117-96 approving final plans and specs · · · 7 PARKING PROBLEMS Eidelweiss cul-de-sac behind Crooked Lake School MOTION for no parking on west side of Eidelweiss · · · · 7 Traffic on Narcissus · · · · · · · · · · · · · · · · · 7 CUL-DE-SAC DISCUSSION · · · · · · · · · · · · · · 8 VARIANCE/14677 BLUEBIRD STREET Resolution Rl18-96 denying variance · · · · · · · · · · · · 9 Regular Andover City Council Meeting Minutes - June 4, 1996 Table of Contents Page ii RELEASE LETTER OF CREDIT/PHEASANT MEADOWS/GRADING Motion to reduce Letter of Credit · · · · · · · · · · · · 9 RENEW RECYCLING CONTRACT WITH ANOKA COUNTY Motion to approve · · · · · · · · · · · · · · · · 10 MAYOR/COUNCIL INPUT Deferment for ag properties · · · · · · · · · · · 10 Sprinkling ban · . . · · · · · · · · · · · 10 Update on the Staff goals for 1996 · · · · · · · 10 MUSA expansion · · · · · · · · · · · · · · · · · 10 APPROVAL OF CLAIMS . · . . · · · · · · · · · · · · · · 11 ADJOURNMENT . . . . . · · · · · · · · · · · · · · · · II - ..- A pprö'J-eJ ~\ IBlqlD CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - JUNE 4, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on June 4, 1996, 7:05 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 RESIDENT FORUM JoAnn Wilber. Wilber Auto Parts - stated even with the development of the commercial area, she wants the sign left on Bunker Lake Boulevard. She is still in business and wants the sign up even after bulldozing of that area begins in July. The sign belongs to her. She paid for it, plus she pays rent to have it at that location. Her attorney is negotiating with the City for the sale of her property, but until that agreement is in place, she wants the sign to remain. Attorney Hawkins stated the eminent domain proceedings on the Mistelski property includes the existing building and that sign. He is of the understanding that the sign belongs to Mr. Mistelski. He felt it would be a period of time before the Mistelski property is developed, so he did not see a problem with the sign remaining in place for a number of months beyond July. Bill Gaw. 16515 Arqon Street - presented a petition from the residents of their development opposing the opening of Argon Street to the proposed Timber River Estates to the north. They do not object to the development; only to the opening of their cul-de-sac. . He also enumerated the reasons they oppose the cul-de-sac change as listed in a handout to the Council. Mayor McKelvey explained the policy of providing two accesses to every plat, plus the need to look at traffic circulation. The extension of the Argon Street cul-de-sac is not necessarily the only means of providing that second outlet to the proposed Timber River Estates plat. The current policy calls for streets to extend to the border of a plat and end with a temporary cul- de-sac. That was not the case when Stack Estates was developed. The Regular Andover City Council Meeting Minutes - June 4, 1996 Page 2 (Resident Forum, Con tinued) Mayor also explained the reason some of the lots do not meet the 2 1/2- acre minimum lot size is because it is being platted as a PUD to provide more open spaces. In further discussion with Mr. Gaw regarding the notification for the public hearing on the proposed Timber River Estates plat, the Council directed Staff to notify everyone in Stack Estates of the hearing. Dave O'Toole. 13429 Jonauil. ARDA - invited the Council, Staff and residents to the dedication of the City Hall Complex #2. That dedication is on June 19, 7:15p.m., at which time the name of the park will also be revealed. Frank Dalv. 16860 Roanoke - owns 80 acres south of the proposed Timber River Estates development. His concern is that the new plat not cause the water to flow through his property and flood him and the homes. Mayor McKelvey explained the City engineers will be reviewing the grading plans to be sure all of their water is being directed to holding ponds. Gerald Frank - wondered when the Council will be discussing the proposed Timber River Estates plat. Mayor McKelvey stated that date will be set after the developer submits the preliminary plans. The entire neighborhood will then be notified of the public hearing. AGENDA APPROVAL Add Item 7a, Parking Problems, and Item 25, Approve Change Order/IP93- 7/City Hall Park Complex #2/Irrigation. Move Items 4, Special US;) Permit/SuperAmerica/13727 Hanson BoulevardNW, and 9, Status of Well No. 5, to the Consent Agenda. Remove Items 12, Variance/14677 Bluebird Street NW, 14, Release Letter of Credit/Pheasant Meadows/Grading, and 21, Review Recycling Contract with Anoka County, from the Consent Agenda for discussion. MOTION by Knight, Seconded by Kunza, to approve as amended. ~otion carried unanimously. . - Regular Andover City Council Meeting Minutes - June 4, 1996 Page 3 CONSENT AGENDA Item 4 Special Use Permit/SuperAmerica/13727 Hanson Boulevard NW (Resolution RI11-96) Item 9 Status of Well No. 5 Item 10 Variance/14736 Crane Street NW (Resolution RI12-96) Item 11 Variance/3220 138th Avenue NW (Resolution RI13-96) Item 13 Approve Summary Ordinance No. 113/Antenna/Tower Ordinance Item 15 Accept Petition/Order Feasibility Report/IP96-12/3554 142nd Avenue NW/Watermain (Resolution RI14-96) Item 16 Accept Feasibility Report/Waive Hearing/IP96-12/3554 142nd Avenue NW (Resolution RI15-96) Item 17 Approve Quotes/IP96-13/Miscellaneous Storm Sewer Maintenance (awarded to low bid of Doug Montague Construction for $2,700.22) Item 18 Accept Petition/Order Feasibility Report/IP95- 26/Shadowbrook (Resolution RI16-96) Item 19 Revise position Title from Construction Inspector to Senior Engineering Technician Item 20 Change Mechanic to Lead Mechanic Item 22 Personnel Policy Item 23 Approve Payment/Bunker Lake Boulevard NW/IP93- 30/Eminent Domain/Right-of-way Item 24 Accept Resignation/David Erickson/Park and Recreation Commission Item 25 Approve Change Order/IP93-7/City Hall Park Complex #2/Irrigation (Resolution RI17-96) MOTION by Knight, Seconded by Kunza, to approve the Consent Agenda. Motion carried unanimously. -------- APPROVAL OF MINUTES May 21, 1996, Regular Meeting: Page 7, second paragraph, second to last sentence beginning with "Councilmember Jacobson", change "City" to "developer". May 31, 1996, EDA Meeting: Correct as written. MOTION by Knight, Seconded by Jacobson, to approve the Minutes as corrected. Motion carried on a 4-Yes, I-Present (Kunza) vote. Regular Andover City Council Meeting Minutes - June 4, 1996 Page 4 SENIOR HOUSING UPDATE Scott White, Adolfson and Peterson, provided an update to the Council on the status of the proposed Senior Housing development on the Adolfson property on Bunker Lake Boulevard. Based on the comments of residents, they are looking at the traffic flow between Marigold and Quay and are realigning the buildings on the site. They are also considering the placement of the primary care building further from the residents and combining the two- and three-story building. Other studies are for on- site parking facilities and a property value study of comparable properties to determine if similar projects have negatively affected neighboring residential properties. Consideration is also being given to constructing single-family dwelling units on the five lots that face the residential area now. Because projects are being discussed in other cities, the intent is to go through the planning process this year and commence construction the coming year. AMEND ORDINANCE 8, SECTION 3.02 AND 7.01 MOTION by Jacobson, Seconded by Dehn, approval of both parts of the ordinance as presented (regarding the definition of family and permitted uses in residential neighborhoods or districts) . Motion carried unanimously. PUD ORDINANCE DISCUSSION Mr. Carlberg reviewed the changes made to the Planned Unit Development ordinances: Page 5, Section 9, Staging of Development: Reworded according to the legal counsel. Page 5, Section 8, Density: Further definition of "net buildable are't (exclude wetlands, streets, etc.)". In talking with developers today, Staff would recommend the term "wetlands" be deleted from the definition since they are often included in lots under the current platting practice. Councilmember Knight had some concerns with the ability to treat all developers the same when it comes to allowing density increases. Mr. Carlberg explained first the number of lots that would be allowed under the standard platting practice would be determined. Then the density could be increased based on the criteria listed under u~ Regular Andover City Council Meeting Minutes - June 4, 1996 Page 5 (PUD Ordinance Discussion, Continued) Section 8 . That criteria would be applied to everyone. Also, d developer can ask for a PUD, but the Council does not have to allow that type of development if the findings of fact do not support it. After some discussion, the Council suggested the wording should be, " .. .net buildable area (excluding streets), except that..." MOTION by Dehn, Seconded by Kunza, that we accept the Ordinance No. 112 as presented by Staff this evening with that amendment. Motion carried unanimously. STATUS OF DITCH 37 STUDY/IP94-20 Mr. Erickson explained TKDA preformed a drainage study for Ditch 37 a year ago. Because the wetlands in that area are of very high value, the Coon Creek Watershed District has said they would not support using them as a storage area for storm drainage. The Council then needs to decide whether to pursue regional ponding and obtain existing high ground to be developed as regional detention ponds or to require each development to pond its own storm water prior to discharge to the ditch. In discussing the issue, the Council found that there is very little high land to be developed in that area contributing to Ditch 37, that a lot of pipe would be required to discharge storm water to one or two regional ponds which greatly increases this option, that regional ponds would be easier for the City to maintain than individual ponding areas developed in each plat, that there could be improvements required to Ditch 37 regardless of whether there are regional detention ponds or ponding done within each development, and that in either scenario the additional water from the developments will be metered from the ponds to the ditch so the runoff is no more than what exists today. Mayor McKelvey noted the ditch is in need of repair today. Councilmember Knight expressed concern that the costs for that repair not be passed on to those people who have nothing to do with development. Generally the Council preferred to address the storm water on a case-by-case basis as development occurs rather than develop a regional ponding system. Reasons given for this preference were no~ wanting to incur the same problems encountered with the Bluebird Street/Xeon Street storm drainage project, the high cost associated with having to pipe to regional ponds I and the relatively small amount of developable land remaining in the Ditch 37 contributory area that would have to support the costs of a regional system. Regular Andover City council Meeting Minutes - June 4, 1996 Page 6 (Status of Ditch 37 Study/IP94-20, Continued) MOTION by Jacobson, Seconded by Knight, to direct Staff to look to tho. storm water retention ponds on a localized basis or development by development. Motion carried unanimously. NEW DEVELOPMENT STATUS REPORT Mr. Erickson reported the status of new development activities within the City, noting about 300 urban, 230 rural lots and 8 commercial projects are being developed this year. Several Councilmembers expressed their dismay at the clear-cutting that has taken place in the Shadowbrook plat. There may be a problem with the grading plans. Mr. Erickson stated Staff will be looking at the Tree Preservation Policy again and will make recommendations for strengthening the policy. There was also a brief discussion on the problem of sewer and water becoming available to property that was developed at the rural density. Placing houses to the side of the lot would facilitate future subdivision when the utilities are available. Mr. Carlberg didn't think that would be a major issue. With the City receiving a 10-year supply of MUSA, he didn't expect developers to be platting to the rural density when it is known when utilities will be available. APPROVE PLANS AND SPECS/IP94-33/COMMERCIAL BOULEVARD EXTENSION Mr. Erickson reviewed this phase of the redevelopment project for the commercial area, which includes the extension of Commercial Boulevard and utility installation from the existing dead end to Thrush Street NW, the grading of all City-owned properties, site cleanup and building/ foundation removal of all City-owned lots, and landscaping of Commercial Boulevard boulevards. Councilmember Jacobson suggested that some creative methods be used to enhance the aesthetics of the commercial area along Bunker Lake Boulevard, possibly raised berms. Mr. Erickson stated they will givo. that consideration, but it would be done in the next phase of the development. The grading of the site will be done right up to the property lines of the private auto salvage yards. Regular Andover City Council Meeting Minutes - June 4, 1996 Page 7 (Approve Plans & Specs/IP94-33/Commercial Blvd Extension, Continued) MOTION by Knight, Seconded by Kunza, the Resolution presented here approving the final plans and specifications and ordering advertisement for bids for project No. 94-33. (Resolution R117-96) Motion carried unanimously. PARKING PROBLEMS Eidelweiss cul-de-sac behind Crooked Lake School - Mayor McKelvey ótated residents have asked that No Parking signs be placed on the Eidelweiss cul-de-sac because of the number of cars during youth ball games. Last year temporary No Parking signs were put up, then removed in the fall. The residents were told if the problem continued this spring, the City would place permanent No Parking signs. The Council agreed with a compromise suggested by the residents of placing the No Parking signs on one side of the street so the cars could drive into the cul-de-sac and be able to drive out without backing out. If that doesn't work, parking will not be permitted in the cul-de-sac at all. MOTION by Jacobson, Seconded by Kunza, to place No Parking signs on the west side of Eidelweiss from 139th down to the center of the cul-de-sac. Motion carried unanimously. Traffic on Narcissus - Mayor McKelvey explained the residents are again complaining about the traffic and high speeds through that area. He recalled this is the area where temporary speed bumps were installed and those to the north wanted to see a choker installed and those to the south did not want any restrictions on the roads. Both groups would like to see the road to Coon Rapids closed; however, the studies done last year showed there is not that much traffic between the two cities. In discussing the issue further, the sense was that the problem was not necessarily the amount of traffic but the high speed and sometimes reckless driving. Mr. Erickson noted the neighborhood committee had made recommendations the last time this was discussed, and those recommendations have not yet been instituted. The closing of the entrance to the frontage road at Marigold will be done with the Crooked Lake project. Councilmember Jacobson suggested the neighborhood committee meet again with Staff to recommend possible solutions. The Council generally agreed and also asked that the Sheriff's Department be asked to increase its patrol of that neighborhood. Regular Andover City Council Meeting Minutes - June 4, 1996 Page 8 (Parking Problems, Continued) Staff was asked to meet with a committee of residents that represent the entire neighborhood to discuss the issue once again and to come back to the Council with recommendations. In the mean time, the Sheriff's Department is to be asked to give that area priority in an effort to curb the speeding problem. CUL-DE-SAC DISCUSSION Mr. Erickson asked for some discussion on the issue of extending temporary cul-de-sacs in the numerous plats to provide a second access to those developments. The reason for providing more than one access to any development is to provide access in the event a street was blocked during some form of disaster or catastrophe. As infilling occurs, those connections can be made; however, individuals living on the temporary cul-de-sacs may not support the street extensions. Once permanent cul- de-sacs are established or neighborhood streets are not connected, the ability to make these connections becomes increasingly difficult or impossible. If the decision is not to make the connection to provide a second access to a development, consideration could be given to providing a gated emergency access or a reduced-width access only for emergency purposes similar to Crown Pointe. Fire Chief Dan Winkel also emphasized the need to provide more than one access to platted areas for public safety. He stressed it should be a priority of the Council and Staff to look at connecting projects. Frank Stone, Public Works Superintendent, noted the 1983 storm that blocked both roads into the Red Oaks Additions. He supported the Fire Department in the safety aspect of providing at least two roads into each subdivision. Councilmember Jacobson suggested when temporary cul-de-sacs are installed in plats with the intent of extending them when the neighboring parcel develops, a sign should be placed in the cul-de-sacs, "Temporary cul-de-sac, subject to extension in the future" so that the neighbors are aware it is proposed to be extended in the future. Mr. Erickson noted the main problem is in the older subdivisions where the cul-de-sacs were placed some distance from the property line. In all the newer plats, the temporary cul-de-sacs are placed at the property line. Councilmember Knight noted the western suburbs welcome cul-de- sacs, finding them aesthetically attractive. Mr. Stone stated they do Regular Andover City Council Meeting Minutes - June 4, 1996 Page 9 (Cul-de-sac Discussion, Continued) not oppose cul-de-sacs, but they do feel a second access is needed to every plat for emergency purposes. After further discussion, it was agreed that the issue will be considered on a case-by-case basis; and Staff is to look at alternative solutions for the Council to consider. VARIANCE/14677 BLUEBIRD STREET NW Council discussion on the request was that the house was built after the ordinance was amended in 1992 which required an additional five feet of easement when a deck is to be constructed toward the side property line. The reason for the additional five feet was to allow for the construction of a walkway to wrap around the house to the main deck in the back. That provision has never been varied from. The consensus was that there is no hardship based on the characteristic of this pr0perty and that a denial of the variance does not prohibit the property owner from constructing a deck. The feeling was also that to grant a variance would be a major departure from the ordinance and would set a precedence that would, in effect, negate the amendment. MOTION by Jacobson, Seconded by Dehn, to deny the variance based upon the reasoning that the hardship must have to do with the characteristics of the land and not the property owner; and by denying this, we are not taking a deck away, we are just denying a deck the size the property owner wishes. By denying this variance request, we are keeping the intent of the ordinance which was passed in 1992 to correct problems such as this. (Resolution RI18-96) Motion carried unanimously. RELEASE LETTER OF CREDIT/PHEASANT MEADOWS/GRADING Mr. Erickson explained there is a separate certificate which verifies the grading has been done to specifications. MOTION by Jacobson, Seconded by Dehn, approving the request to reduce the Letter of Credit for Pheasant Meadows as presented by Staff. Motion carried unanimously. Regular Andover City Council Meeting Minutes - June 4, 1996 Page 10 RENEW RECYCLING CONTRACT WITH ANOKA COUNTY The Council generally agreed to the following wording change as recommended by the City Attorney in Section 9, General Provisions, Subsection D: "The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall wi thin any job classification established and published. . ." As written, it appears the agreement would affect all City employees. With the proposed change, the agreement applies only to those employees who provide services for the solid waste recycling program. MOTION by Jacobson, Seconded by Dehn, to approve this recycling agreement with Anoka County with that change under Section 9, General Provisions, Subsection D. Motion carried unanimously. MAYOR/COUNCIL INPUT Deferment for ag properties - Councilmember Knight noted the policy is to defer MSA assessments for agricultural property for 15 years if the land does not develop within that time period. He would like to see that extended to ag land for other than MSA streets as well. Mr. Erickson stated the assessment policy needs to be looked at in more depth. He will bring this to the Road Committee for further discussion. Sprinkling ban - Councilmember Jacobson felt the City should be following the same rules as the residents when sprinkling the athletic fields. Mr. Stone stated that is done. The reason the irrigation was on at other times was to test the system. Update on the Staff goals for 1996 - Mr. Fursman suggested the Council set a special meeting to discuss the status of the Staff goals set fo~ 1996 and to begin the budgeting process for 1997. The Council agreed to consider a date for a special meeting at tomorrow night's meeting with the developers and the construction contractor for the new City Hall. MUSA Expansion - Mr. Fursman congratulated the Staff and Council for the work to get the City's Comprehensive Plan approved. The Metropolitan Council subcommittee has given full approval for the 1991 Plan, which will be placed on the Metropolitan Council consent agenda on June 13. With this approval, the City will be receiving approximately 1,200 buildable acres of MUSA, which should provide land for urban development for the next 7 to 10 years. Regular Andover City Council Meeting Minutes - June 4, 1996 Page 11 APPROVAL OF CLAIMS MOTION by Dehn, Seconded by Kunza, to approve claims in the amount of $237,941.39. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting was adjourned at 10:05 p.m. Respectfully ~itted, ~::-~~ Recording Secretary --