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HomeMy WebLinkAboutCC May 7, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - May 7, 1996 agenda BOOKMARK NAME Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Items 1. Public HearinglVacation ofEasementlCrown Pointe East, Lot 19, Block 2 vacation 2. Approve Ordinance # 112/PUD Ordinance ordl2 3. Antennaff ower Ordinance & Lease Agreement antennatower 4. Rezoning R-I to R-4/Shadowbrook rezoning 5. Approve Special Use PennitlPUD/Shadowbrook suppud 6. Approve Preliminary PlatlShadowbrook ppshadow 7. Approve Special Use PennitlArea I. D. Sign/Shadowbrook supid 8. Personnel Policy personnel 9. Approve Plans & Specs/95-14/Crooked Lake Boulevard ps9514 10. Accept Feasibility Report/93-17/Crown Pointe crownpt Non-Discussion/Consent Items 11. Lot Splitll5318 Nightingale Street NW lotsplit 12. SUPNariance/ Institutional Sign/Oak View Middle School oakview 13. SUPNariancelInstitutional Signs/Andover Elementary School andoverschool 14. Amend Ordinance # 8, Section 3.02, 6.02, 4.18 & 4.20 ord8 15. Mining Pennit Extension Request/Jim Green miningpermit 16. Met Council Update metcouncil 17. Award Bid/96-3/1996 Cracksealing bid963 18. Award Bid/96-4/1996 Sealcoating bid964 19. Snowmobile Ordinance Review snowmobi 20. Approve Certificate of Corrections/Crown Pointe East, Lots 17-22, Block 2 crownpte 21. Approve ResolutionIFlood Zone Fee ßoodzon 22. Approve No Parking/Poppy Street at 135th Avenue nopark 23. Approve Engineering Intern enginter 24. Approve Forestry Intern forestry 25. Approve Quotes/93-7/Concrete Bleacher Pads/City Hall Park Complex #2 bleacher 26. Approve Quotes/93-7/Bases/City Hall Park Complex #2 bases 27. Award Bid/92-19/Weybridge 3rd bid9219 28. Approve Landscape QuoteslParking Lots & Center Median! pkIots 93-7/City Hall Park Complex #2 29. Review Proposals/Concessions/City Hall Park Complex #2 concessi 30. Approve Final Paymentl94-9, 94-6, 94-7, Pond "C", 93-30 fpay949 31. Approve Final Paymentl94-1O, 94-8, 94-5 fpay9410 32. Response to Council's Traffic Questions traffic Mavor-CouncillnDut Pavment of Claims Adiournment ---.---.- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 7, 1996 TABLE OF CONTENTS AGENDA APPROVAL . . · . · · · · · · · · · 1 CONSENT AGENDA Resolution R086-96 approving Special Use Permit/Area ID/ Shadowbrook . · · · . · 1 Resolution R087-96 approving plans and specs/IP95-14/Crooked Lake Boulevard · · · · · · · · · · 1 Resolution R088-96 accepting feasibility report/IP93-17/ Crown pointe · · · · · · · 1 Resolution R089-96 approving lot split/15318 Nightingale 1 Resolution R090-96 approving Special Use permit/Variance/ Institutional Sign/Oak View Middle School. · · 1 Resolution R091-96 approving Special Use permit/Variance/ Institutional Signs/lmdover Elementary School. · · 1 Amend Ordinance No. 8, Sections 3.02, 6.02, 4.18 and 4.20 1 Mining Permit Extension Request/Jim Green . · 1 Metropolitan Council Update · · · · · 1 Resolution R092-96 awarding bid/IP96-3/1996 Cracksealing · 1 Resolution R093-96 awarding bid/IP96-4/1996 Seal coating 1 Snowmobile Ordinance Review · · · · · · · 2 Approve Certificate of Corrections/Crown pointe East, Lots 17-22, Block 2' · · · · · · · · 2 Resolution R094-96 approving flood zone fee · · 2 Approve quotes/IP93-7/Concrete Bleacher Pads/City Hall Park Complex #2 · · · · · · · 2 Approve quotes/IP93-7/Bases/City Hall Park Complex #2 · 2 Resolution R095-96 awarding bid/IP92-19/Weybridge 3rd 2 Approve landscape quotes/Parking lots and center median/ IP93-7/City Hall PaTk Complex #2 · · · · 2 Resolution R096-96 approving final payment/IP94-9, 94-6, 94-7, Pond "C", 93-30 · · · · · · · 2 Resolution R097-96 approving final payment/IP94-10, 94-8, 94-5 2 Response to Council's traffic questions · · · · · · 2 APPROVAL OF MINUTES . · · · · · · · 2 PUBLIC HEARING: VACATION OF EASEMENT/CROWN POINTE EAST, LOT 19 BLOCK 2 Resolution R098-96 vacating the easement 2 ORDINANCE NO. 112/PUD ORDINANCE · · · · · 2 Motion to approve · · · · 3 ANTENNA/TOWER ORDIN&~CE &~D LEASE AGREEMENT · 3 Motion to approve ordinance · · 4 Motion to approve lease agreement · · 4 REZONING R-l TO R-4/SHADOWBROOK Motion to approve · · · · 4 SPECIAL USE PERMIT/PUD SHADOWBROOK Resolution R099-96 to approve · 5 PRELUUNARY PLAT /SHJI.DOWBROOK · 5 Resolution RI00-96 to approve the preliminary plat · · 9 PERSONNEL POLICY Motion to change policy to annual leave · 10 Motion to allow employees to bank up to 80 hours compo time 10 Mocion not to pay overtime exempt employees for compo time 10 MO\'IING SERVICES Motion to table · · · · 11 · - ____0 __ __ _ Regular iilldover Ci ty Council Meeting Minutes - May 7, 1996 Table of Contents Page ii NO PARKING/POPPY STREET AT 135TH AVENUE Motion to approve · . . · . . . . 11 ENGINEERING INTERN/FORESTRY INTERN Motion to approve · . . · . . . 11 REVIEW PROPOSALS/CONCESSIONS/CITY HALL PARK COMPLEX #2 · . 11 Motion to table . · . 12 MAYOR/COUNCIL INPUT Parking at Video Update · 12 Parking in Boulevard at ATV . . · 12 New city Hall Plans 12 APPROVAL OF CLAIMS . . · 12 ADJOURNMENT . . . 12 --- , -- - . - ~-- ----- ~ -_--0 _ __ _ Appr-o\Jeð + CoyY"-ec-~ 5/~' Iq~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - MAY 7, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on May 7, 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 Department, Jeff Johnson City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Move Items 7, Special Use Permit/Area ID Sign/Shadowbrook; 9, Plans & Specs/IP95-14/Crooked Lake Boulevard; and 10, Feasibility Report/IP93- 17/Crown pointe from Discussion Items to the Consent Agenda. Pull Items 22, No Parking/Poppy Street at 135th Avenue; 23, Approve Engineering Intern, 24, Approve Forestry Intern; and 29, Review proposals/ Concessions/City Hall Park Complex #2 from Consent Agenda for discussion. Add Item 10a, Mowing Services. MOTION by Dehn, Seconded by Kunza, to accept the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 7 Approve Special Use Permit/Area Identification Sign/Shadowbrook (See Resolution R086-96) Item 9 Approve Plans and Specs/IP95-14/Crooked Lake Boulevard (See Resolution R087-96) Item 10 Accept Feasibility Report/IP93-17/Crown Pointe (See Resolution R088-96) Item 11 Lot Split/15318 Nightingale Street NW (See Resolution R089-96) Item 12 Special Use Permit/Variance/Institutional Sign/Oak View Middle School (See Resolution R090-96) Item 13 Special Use Permit/Variance/Institutional Signs/Andover Elementary School (See Resolution R091-96) Item 14 Amend Ordinance No. 8, Sections 3.02, 6.02, 4.18 and 4.20 Item 15 Mining Permit Extension Request/Jim Green Item 16 Metropolitan Council Update Item 17 Awar~ Bid/IP96-3/1996 Cracksealing (See Resolution R092-96) Item 18 Award Bid/IP96-4/1996 Sealcoating (See Resolution R093- .96) ..__. ---- . Regular Andover City Council Meeting Minutes - May 7, 1996 Page 2 (Consent Agenda, Continued) Item 19 Snowmobile Ordinance Review Item 20 Approve Certificate of Corrections/Crown pointe East, Lots 17-22, Block 2 Item 21 Approve Resolution/Flood Zone Fee (See Resolution R094- 96) Item 25 Approve Quotes/IP93-7/Concrete Bleacher Pads/City Hall Park Complex #2 Item 26 Approve Quotes/IP93-7/Bases/City Hall Park Complex #2 Item 27 Award Bid/IP92-19/Weybridge 3rd (See Resolution R095- 96) Item 28 Approve Landscape Quotes/Parking Lots and Center Median/IP93-7/City Hall Park Complex #2 , Item 30 Approve Final Payment/IP94-9, IP94-6, IP94-7, Pond "CII, IP93-30 (See Resolution R096-96) Item 31 Approve Final Payment/IP94-10, IP94-8, IP94-5 (See Pesolution R097-96) Item 32 Response to Council's Traffic Questions JllOTION by Kunza, Seconded by Dehn, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINU'l'ES April 11, 1996, Board of Review: Correct as written. April 16, 1996, Regular Meeting: Correct as written. MOTION by Jacobson, Seconded by Knight, the Minutes of April 11 as presented. Motion carried on a. 3-Yes, 2-present (Dehn, Kunza) vote. MOTION by Kunza, Seconded by Dehn, the Minutes of April 16 as presented. Motion carried unanimously. PUBLIC HEARING: VACATION OF EASEMENT/CROWN POINTE EAST, LOT 19 BLOCK 2 7:12 p.rn. Hr. E:::-ickson e.q)lained the request to vacate a drainage and utility easement on Lot 19, Block 2 of Crown pointe East to provide for a more buildable lot. Mayor McKelvey opened the hearing for public testimony. There was none. MOTION by Dehn, Seconded by Kunza, to close the public hearing. Motion carried unanimously. 7:13 p.m. MOTION by Knight, Seconded by Kunza, the Resolution vacating a drainage and utility easement at 14357 Quince Street NW (See Resolution R098-96) Motion carried unanimously. APPROVE ORDINANCE NO. 112/PUD ORDINANCE Mr. Carlberg noted the Council approved the amendments to the Zoning Ordinance relating to PUD developments earlier this evening. The - ---- - -~---. .-- - Regular Andover City Council Meeting Minutes - May 7, 1996 Page 3 (Approve Ordinance No. 112/PUD Ordinance, Continued) regulations in the PUD ordinance are more extensive than in the current zoning ordinance. The Planning Commission is recommending approval. The Council reviewed the ordinance and agreed to the following changes: Þage 2, Section 4, Item 5, last line, change "Subsection 9" to Subsection S". Page 5, Item 9: It was felt the proposal that each stage of development shall not exceed 125 percent of the proposed residential density would could create problems if that is done in the first phase of developments, but the remaining phases never do develop. It was agreed to change it to IOO percent: "... a residential density that exceeds on, hundred (100%) percent of the proposed residential density of the entire PUD." Page 5, Item 13: Delete the entire section, as it conflicts with Page 4, Item 6 regarding permanent open spaces. Page 7, Item 16, b, 3(a): Replace "bituminous" with "hard surface" to allow other types of hard surfacing to be used. Also clarify that only disturbed areas shall be landscaped, not the entire open space area. "Anything that has been disturbed, other than that covered by structures or hard surfacing, shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances." Page 7, Item 16, C, 3(a): Line 1, replace "bituminous surfacing" with "hard surfacing". Attorney Hawkins advised that specific criteria will need to be applied when determining the percentage of density increase a developer will be allowed in a PUD. That same criteria would then apply to all developments. Mr. Carlberg noted the criteria is established in the ordinance under Section S. An important aspect of the ordinance is it allows flexibility in developments. MOTION by Jacobson, Seconded by Dehn, to approve the Ordinance as amended through the discussion period tonight. Motion carried unanimously. ANTENNA/TOWER ORDINANCE AND LEASE AGREEMENT Mr. Johnson reviewed the revisions made to the draft ordinance as a result of the Council's discussions at the last meeting. Those revisions include increasing the allowable height of a tower to 150 feet, fencing the towers if necessary to protect against climbing them, and allowing the towers and antennas on private parcels of greater than 20 acres provided they are installed a minimum of 500 feet from any residence. Language has also been added to require landscaping and screening. Also, the Park and Recreation Commission wo~ld like an opportunity to comment if they are allowed on park property. The Council agreed to the following revisions to the draft ordinance: -- - -~.-.---- Regular Andover City Council Meeting Minutes - May 7, .I9 96 Page 4 (Antenna/Tower Ordinance and Lease Agreement, Continued) Page 2, top, Definition of Antenna, Satellite Dish: Last sentence, change to "This definition is meant to include but not be limited to commercial satellite earth stations, TVRO's (television, receive only) , and satellite microwave antennas but does not include personal TVRO satellite reception receivers." The intent of the ordinance is not to regulate private satellite reception receivers. Page 2, Section 3, delete last sentence of "No permit shall be required for antennas or towers erected or constructed by the City for City purposes. " It was felt the City should follow the same rules and procedures as anyone else. Page 3, Section 5, Existing Antennas and Towers: second to last line, delete "replaced or" to read "...but may not be structurally altered..." The antenna would be allowed to be replaced if damaged up to 50 percent. Page 5 , Section 7, Subdivision 2 : add to the zoning districts "residential areas" because they will be allowed on parcels greater than 20 acres. Also, replace "...500 feet from any platted residential subdivision(s)" with ".. .500 feet from any residence." The intent is a tower should be at least 500 feet from a neighboring residence. The required distance would not apply to the residence on the parcel on which the tower is being placed. Also include a statement that the towers shall not be nearer than 500 feet from each other, as the Council wished to a'loid "antenna and tower farms" where many would be placed in a small area. MOTION by Jacobson, Seconded by Dehn, the ordinance as presented with the -::hanges di.!3cussed ir,cluding the provision that no tower can be closer than 500 feet from another tower. Motion carried unanimously. MOTION by Jacobson, Seconded by Dehn, approve the Lease Agreement on towers and antennas as presented. Motion carried unanimously. REZONING R-l TO R-4/SHADOWBROOK Mr. Carlberg explained the Planning and Zoning Commission is recommending approval of the rezoning and the next item, a Special Use Permit for a Planned Unit Development for Shadowbrook. This area has not yet been approved to receive municipal sanitary sewer; however, the review period for the Major Amendment to the Comprehensive Plan which includes this area in the MUSA has begun. A decision will be made by June 17, 1996 . Even with the rezoning, the property cannot be developed to the R-4 standard until the MUS A has been expanded to this are3-. MOTION by Jacobson, Seconded by Dehn, to authorize the ordinance amendment as presented with the additional language "Subject to approval by the Metropolitan Council and Metropolitan Sewer District for sewer capacity to service these parcels of property. " Motion carried unanimously. - ----...- - - Regular Andover City Council Meeting Minutes - May 7, 1996 Page 5 APPROVE SPECIAL USE PERMI'1'/PUD/SHADOWBROOK Mr. Carlberg reviewed the proposal for a Special Use Permit request of Bunker LLC, Inc., to develop a single family and townhome planneQ unit developtr.ent in the subdi vision proposed as Shadowbrook. The PUD ordinance passed earlier this evening by the Council does not become effective until after publication. This proposal is under the current ordinance. As proposed, there is no overall density increase in the subdivision. Customarily variances are reviewed as a part of the PUD; however, the Planning Commission, at the Staff's recommendation, agreed to review the variances under the preliminary plat process. Garv Gorham, Bunk~r LLC. Inc. - explained he has developed PUD subdivisions before. As proposed, the plat meets the density for a single family development. No commercial area is being proposed. He then went into some detail on the PUD area itself and how it is operated under the Covenants, Conditions and Restrictions document of the Associations. MOTION by Jacobson, Seconded by Dehn, the Resolution as presented (See Resolution R099-96 granting the Special Use Permit for a PUD of single family homes and townhomes in S~adowbrook) Moticn carried unanimously. APPROVE PRELIMrNARY PL·AT/SHADOWBN.OOK Mr. Erickson revie\;ed the proposed preliminary plat of the Planned Unit Development for Shadowbrook located in Sections 25 and 36 as requested by Bunl:er, LIC, Inc. The rezoning of the parcel was just approved by the C':'JUncil to an R-4 density. The pl at consists of 433 single family/multiple family residential lots and one outlot. Mr. Erickson also reviewed the comments of the Andover Review Committee as summarized in the agenda material: A second access at Cottonwood Street NW north of 139th ;,ane N\1, vari2mce to waive the minimum requirement of the lowest building floor elevation being 3 feet above the mottled soils, variance to waive the minimum requirements of allowing the lowest floor to be less than one foot above the 100-year flood elevation, variances for double frontage lots along prairie Road, variances to vary 10 feet from the required 35-foot front yard setback for lots in Phase II, and variances from minimum lot requirements for lots in Phase II for lot area, lot width, lot depth and rear and side yard setbacks. The Committee was also concerned with the potential traffic volume~ exceeding the functional classification for local streets. Mr. Erickson explained the developer hired a geotechnical engineer from GME to study the site and report on their recommendations for low floor elevations to support the variance requests. The City then hired Braun Intertec to review the data provided by GME, and they basically agreed with GME's findings. In addition, there is a road easement in the northeast corner of the plat which will need to be vacated. The Review Commi t tee has made a recommendation for sidewalks through the plat; however, the Planning Commission did not support the extensive sidewalk system laid out. The developer is proposing a bituminous trail along ----- ._- Regular Andover City Council Meeting Minutes - May 7, 1996 Page 6 (Approve Preliminary PlatjShadowbrook, Continued) Bunker Lake Boulevard and along Prairie Road, but it would be difficult to get such a path through the lots of the development. An alternative sidewalk system is now being proposed by Staff. The Park and Recreation Commission is recommending a combination of land and cash for park dedication. Also, the City's Comprehensive Water Plan calls for a water storage facility in this vicinity. A location near the PUD area of the plat is being proposed for that storage facility. It has not yet been determined whether it will be a water tower, an above ground or underground storage system; although the neighbors expressed preference for an above- or underground system, not a tower. Mr. Erickson assumed if the Council approves the variances on mottled soils and the lowest floor elevation to be less than one foot above the lOO-year flood elevation, the ordinance would have to be modified to allow it in other plats provided an appropriate geotechnical evaluation has been done. There was considerable Council discussion with the developcrs and their engineers regarding several aspects of the plats and on the variances on the floor elevations. Tony Emmerich, Bunker, r,LC, Inc.. - stated if the variances on floor elevations are not granted, they would have to pull the basements up, which is not conducive to the higher-priced houses. It would als0 affect their tree preservation plan, and it would minimize the amount of fill that 'Ñould have to be brought in. According to their engineering data, even if there were three 100-year flood days in a row, the water would stay in the ponds for only six hOllrs each day and still would not get into the basements of the homes at the elevations they are proposing. Councilmember Jacobson asked Staff to look at the street names. He was opposed to giving three or four different names to the same street, as it becomes very confusing for anyone looking for a specific place. Also, the City does not accept outlots. Mr. Emmerich - stated they ào not have a problem assigning a lot and block nvmber to the outlot. The reason for the outlot is when the property to the north is developed, they will then develop that parcel. Right now there is nJ way to access it. Councilme~~er Jacobson stated the Council had asked for more curvilinear streets to avoid straight sp.=edways through the development. He didn't think the pn:.:'iminary plat has chaélged any since the sketch plan. Mr. Emmerich - stated they looked at that and felt. they did put enough curves in the streets to keep the speed down. He didn't think that would be an issue. This is no different than the other developments in the City, and he guessed there were no complaints in those developments. Speeding is more of a problem in commercial areas. Also, people will not. be cutting through this area to save time. In answer to Councilmember Jacobson's question on density, Mr. Emmerich stated the density meets the R-4 minimum density requirements. - - , -.--0 ._ - Regular Andover City Council Meeting Minutes - May 7, 1996 Page 7 (Approve Preliminary PlatjShadowbrook, Continued) Mr. Carlberg also noted that if approved this evening, there would be no more changes to the proposed plat. If a change is desired, thp. developers would have to go through the process just as any other plat does where Council approval is needed. Mr. Emmerich stated they will follow the recommendations of the geotechnical engineers and install a drainage tile system in all houses to meet the standard FHA requirements. Mr. Erickson explained the intent of the park off 139th Avenue is to be a more natural area with a walking path meandering through it. People will be able to park in the far east park and walk, but there is no parking within the subdivision itself. Attorney Hawkins did not have a problem with the storm water retention pond that is being created in Park #3 as long as it is designed into the park at the time it is dedicated. Mr. Emmerich stated there will be some dredging to make it a retention pond. Also, the existing structures on the property will be removed. Councilmember Jacobson asked if consideration was given to an exit to the north via the easement for Butternut. Mr. Emmerich stated in dealing with the Staff, Planning Commission and Council on this plat for the past two years, there has been no support for the crossing. Also, in meeting wit.h the neighbors around the plat, there was no desire for that extension. The other concerns of the residents were for a,., underground or at-ground water storage facility as opposed to a water tower, and the installation of a trail along prairie Road which they have agreed to. In studying the routes, it was determined that response times are no different whether approaching from Bunker Lake Boulevard or from Andover Boulevard. Plus there would be the expense of a bridge crossing the creek and extensive wetlands issues. Larry Olson, developer's Enqineer - reviewed the details relating to the variances on the elevations of the lowest floors to assure the Council that basements would not be flooded as a result of their requests. Besides the engineering data to indicate tl~ water would not have time to seep through the soils to the basements before it drained out of the retention ponds plus the added security of a drain tile system around each basement, the water from the retention ponds will be piped out. It is anticipated <:he retentioa pond area will be dry except during large storms. Then maybe 6/10th of a foot to one foot of water at the highest would stand for a short period of time until it drains out through storm drain pipes. Councilmember Jacobson noted a common complaint is when people put in landscaping, rock gardens or storage sheds in their back yards, they find them under water during rain storms. He did not have much of a problem varying from the mottled soil, but he was concerned with the potential of water seeping into basements if the variances arc: given to the 100-year flood elevation level. Mr. Olson - stated people are made aware of the potential to have water in the drainage easement at some time. They are designed for positive Regular Andover Ci ty Council l1eeting Minutes - May 7, 1996 Page 8 (Approve Preliminary Plat/Shadowbrook, Continued) drainage, so the water is always draining in the large event and will disappear within two to six hours. The water will not stand there long enough to seep to the basements. Councilmember Jacobson asked if the City <::an be guaranteed there will be no problems with water in basements. Mr. Emmerich - stat:ed all floor elevations are on the plat and are reviewed by the Building Official, who is very thorough. He didn't think the Building Official has made many mistakes the last few years. They are more concerned as developers and as residents of the community that nothing happens to the basements. That is why they hired the experts. Mr. Carlberg also noted that the City does not allow permanent structures to be placed in the 100-year drainage and utility easements, including fences or anything to obstruct the flow of water. Mr. Erickson again stated the variances on floor elevations would set a precedent so there ·...·auld need to be consideration of modifying the stand¿¡rds to allm, other developers to do the same type of research. The City would also hire an expert to review the data as was done for this plat. Those costs are charged back to the developers. I'rr. Fursmarr explained Dave Almgren, the Building Official, stated the mottled soils star:úard was adopted in 1978 because it was the same criteria applied for septic systems. It was the only criteria people really understood at that time, and it hasn't been challenged until now. Staff encouraged the developer to show some evidence that would make the ordinance somewhat obsolete, which is the basis for the engineering data and variance requests. Mer! Mindness. GM~ - explained a number of communities are going awa¡ from the mottled soils standard because it is not consistent. He also went into detail on the tests conducted on the Shadowbrook site, their findings, and the basis of their recommendation to vary from the one- foot above the lOa-year flood elevation. He pointed out that all basements in the plat. will be well above the 100-year flood elevation of Coon Creek. It has been his experience that flooded basements result from a lack of drainage control such as gutters on the house and in clay soil instead of sand which is in this area. Mr. Erickson felt from an engineering standpoint, they have done a thorough job. It is a policy decision of whether or not to change the ordinance and move away from the mottled soi.ls and allow engineers to evaluate the property. The former City Administrator had proposed in 1992 to allow geotechnical engineering to evaluate property to determine the water table elevations. At that point the developers were not interested because of the additional exper1se to them. Mayor HcKelvey had some concern with the development around the private road in the multiple huusing area. He felt that area would develop first; and a bottleneck would be created, resulting in a problem for buses picking up children in the back of the subdivision while houses are being constructed in the front area. Regular Andover City Council Meeting Minutes - May 7, 1996 Page 9 (Approve Preliminary PlatjShadowbrook, Continued) Mr. Emmerich - did not think the PUD area would be developed until there is a secondary route from the area. Also, the targeted market for that area will be people whose children have already grown. Also, the private streets will be posted with "No Parking" signs. They do have meetings with their builders and try to get them to be sensitive to their obligations as professionals in the community. Councilrnember Jacobson asked about a response from the Anoka County Highway Department and from the school district. Mr. Erickson stateJ Anoka County has reviewed the plat and did make some suggestions. Mr. Carlberg stated the school district is aware of this subdivision and has met with Staff a number of times on the City's development. Mayor McKelvey explained he has discussed this with the principals and the superintendent of schools. They feel they have the capacity for the students that will be moving into the district. They are also discussing research for an area in fuldover to build a high school in the future and another elementary school. In discussing the sidewalk issue, Mayor McKelvey preferred the walking paths along Bunker Lake Boulevard and Prairie Road rather thanrsidewalks within the subdivision. Most people move to the City for the more rural setting, and sidewalks bring a city atmosphere to a subdivision. Councilmember Jacobson felt sidewalks would be appropriate if there was some place to go such as a school or convenience store. In this case, he agrees wi th the Mayor for just the w¡:;lking paths. Councilmember Dehn preferred to have sidewalks if there is room. Mr. Emmerich - argued from a developer's standpoint it is a money issue, but the primary issue is landscaping. Secondly there is the cost of maintenance to the City. In looking at older communities, the distance between the sidewalk and the curb always looks ragged. He too felt i·, would be more appropriate if there were some place to go such as a convenience store. In this situation, they hope the sidewalks are not required because they feel it would be detrimental to the neighborhood. They agree to the pathway along Bunker Lake Boulevard and prairie Road. They looked for a reasonable north-south route through the subdivision, but it was difficult to get one that makes sense without wrecking the neighborhood. The trail will eventually tie in with Bunker prairie Park to the west. Councilmernber Jacobson noted there is also a walking trail at the entrance to the Activity City, which is directly across from this plat. MOTION by Jacobson, Seconded by Dehn, the Resolution as presented with the following changes: Item No. 12 should be the renaming of the streets within the subdivision; Item No. 13, that the outlot be given a lot and block number; Item 14, that it is to be understood that this plat is approved k_ 2.J .' only when the I"letropolitan Council gives us the MUSA expansion for sanitary sewer for it. (See Resolution RI00-96) DISCUSSION: The general feeling of the Council was an acceptance of the variance from the mottled soils standard because of the inconsistency in the locations of mottled soils. While there was still concern about - ~ - - -- - -. Regular Andover City Council Meeting Minutes - May 7, 1996 Page 10 (Approve Preliminary PlatjShadowbrook, Continued) varying from the one-foot above the 100-year flood elevation standard, they were comfortable with the explanations given by the engineers, the engineering study that was done, and the fact that there is a drainage pipe to take the water out of those retention pond areas. Motion carried unanimously. The Council directed Staff to look at the ordinance on mottled soils and come back to the Council with a recommended change. PERSONNEL POLICY Mr. Fursman revie\led the Personnel Corr,mittee's recommendation on three; items of the Personnel Policy: Annual Leave, Compo Time Earned, and Compensation for Compo Time. The Committee recommended an annual leave policy be put in place for all new employees, but the existing employees would have a choice to remain with the current policy or to switch to the annual leave policy. Once an existing employee makes that decision, it cannot be changed in the future. He stated the employees have generally agreed with that recommendation. Also, there would be no problem tracking the benefits for both policies. The trend in government and in industry has been to go with annual leave policies. The Council discussed th,~ options, applying different scenarios to them. MOTION by Dehn, Õ ece,nc1ed hy Kun za, to accept the Personnel Committee's reconnnenàation to char.ge the policy to option B, the annual leave for all new employees and existing employees would have a choice. Motion carried unanimously. Mr. Fursman explained the Personnel Committee recommended employees be able to bank up to SD hours of compo time. MOTION by Jacobson, Seconded by Dehn, to so move that amendment. Motion carried unanimously. Mr. Fursman explained the Personnel Committee recommended no compensation be given to overtime exempt employees for unused compo time hours. Mayor McKelvey felt overtime Exempt employees should be compensated for a portion of their compo time if they are nearing so hours and are unable to take off because of the work load. Otherwise an employee would be fo~ced to either take off even if the ~ork is nor done or to donat.e those hours back to the City. He felt the funding for this could come from the Contingency Fund. Other Councilmembers felt it would be difficult to budget if compensation was received for compo time. Mr. Fursman also stated he'd rather have a person take some time off to get refreshed. Plus, these are highly compensated individuals who take pride in thei~ work. UOTION by Dehn, Seconded by Kunza, the Compensation for compo time as recommended. Motion carried on a 4-Yes, I-No (McKelvey as he didn't consider it fair) vote. Regular Andover City Council Meeting Minutes - May 7, 1996 Page 11 MOWING SERVICES Frank Stone, Public Works Superintendent, stated he has not had an opportunity to study the proposal to determine whether or not the contract will save the City money. The Council agreed to table the item until Mr. Stone can report back with those findings. MOTION by Knight, Secor.ded by Kunza, to table. Motion carried unanimously. APPROVE NO PARKING/POPPY STREET AT 135TH AVENUE The Council discussed the request for "No Parking" signs on Poppy Street NW at 135th Avenue t-J'"W. Because the parking problems occur orrly during the summer when athletic activities take place in the park and because the basic concern is along the residential property, the Council agree] to ban parkir.g only on the residential side of Poppy and around the corner on 135th Avenue to the end of the first lot. It was also noted that 'f' residents find someone parked such that their driveway is l~ blocked, they should call the police to have the vehi.cle tagged and towed. MOTIOl1 by 11cKe 1 vey , Seconcted by Kunza, to have "No Parking" signs put up on the side of the street opposite the park on Poppy Street NW from 135th Avenue to 135th Lane. Motion carried unanimously. APPROVE ENGINEERING INTERN/FORESTRY INTERN Mr. Fursman explained that both interns will be paid $8 per hour and will work for six months or less based on a 40-hour week. Mayor McKelvey asked for a motion to approve the Engineering Intern and Forestry Intern. MOTION by Dehn, Secol'.ded by Kunz3., to 30 move. Motion carried unanimously. REVIEW PROPOSALS/CONCESSIONS/CITY HAl,L PARK COMPLEX #2 The Council discussed the proposal to operate the concession stand at Ci ty Hall P3.rk Complex #2. It wa3 noted that the proposal of C & H Di f".tributir.g, Inc" does not addresE; the cequ·,st of the athletic associations to get the profits from ball tournaments. It was also determined that as proposed, it would take three or four years for the City to break even, especially because of the equipment the City is being asked to supply. Because it was not known what equipment was already in the building and the costs to obtain the other items, it was agreed to table the item and possibly renegotiate Item 4 of the proposal. There was also discussion on the original proposal to have the City staff the concession building, recognizi.ng that would involve Staff in scheduling, supplies and inventory, etc. Some felt it would ~ Regular Andover City Council Meeting Minutes - May 7, 1996 Page 12 (Review Proposals/Concessions/City Hall Park Complex #2, Continued) take more than two people to handle the concessions. It was suggested that more information on costs for both options is needed before making a decision. MOTION by Dehn, Seconded by Kunza, to table this until some of the items of No. 4 on the agreement are looked at and maybe renegotiated and brought back to the City Council at another time. Motion carried unanimously. MAYOR/COUNCIL INPUT Parking at V.ideo Update - Councilmember Kunza noted the problem of people parking along the curb at the Video Update store and the safety problems being created. !1r. Fursman stated Staff will make the Sheriff's office aware of t.hat problem. Parking jn Boulevard at ATV - Mayor I'!cKelvey stated he registered a complaint regarding the parking in the boulevard at ATV while they ar~ moving their things off the property. New City Hall plans - Mr. Fursman asked that anyone with comments on the proposed layout of the new City Hall as presented on April 30 should contact Adolfson and Peterson as soon as possible. The Andover Review Committee will be meeting with them next. week in preparation for the next meeting with t.he Council. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dehn, the Claims as presented. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting was adjoucEed at 10:44 p.m. ~ReS~~L- Ma cella A. Peach Rec ing Secretary --~-- ~.