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HomeMy WebLinkAboutCC December 16, 1997 CITY of ANDOVER Regular City Council Meeting - Tuesday, December 16, 1997 agenda Call to r er - Following the 7:00 PM EDA Meeting Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Presentation to City/Ace Solid Waste ace Epilepsy Month Proclamation proclamation Discussion ltems I. Discuss Development Policy GuidelinelPhasing phasing 2. Amend Comprehensive PlanlLand Use Planl26XX - 138th Avenue NWÆrickson acperickson 3. Rezoning/26XX - 138th Avenue NWlErickson rerickson 4. Approve Amendment for Senior Sewer & Water Rates senior S. Ordinance 23S/Liquor OrdinancelInsurance Requirements ord235 6. Discuss Ashford Development Petition for Utilities/Chesterton Commons Phase II ashford 7. Discuss 1997 Anoka County Traffic Studies/WaITanted Traffic Signal Locations traffic 8. Discuss LMCIT Liability Insurance insurance Staff. Committees. Commissions 9. Planning & Zoning Commissioners/Term Expirations pandz 10. Park and Recreation CommissionlTerm Expirations pr II. Reschedule March 3, 1998 Meeting meeting Non-Discussion/Consent ltems 12. Appoint Tree Commissioner tree 13. Approve Consent to Encroach in Easement Agreement/Children's World Learning Center apprchildren 14. Approve Consent to Encroach in Easement Agreement/Country Ridge, Inc. apprcountry IS. Accept Drainage & Utility Easement/Children's World Learning Center acptchildren 16. Approve Registered Land Survey/Country Ridge, Inc. reglandsurv 17. Establish Fund Reservations fund res 18. Adopt 1998 General Fund Budget genfund 19. Approve Hiring Receptionist receptionist 20. 1998 License Renewals license 21. Adopt 1998 Fee Schedules fee 22. Approve 1998 Debt Service Budget debt 23. Approve 1998 PIR Fund Budget pir 24. Authorization to Hire Two (2) Public Works Maintenance Positions hire 2S. Accept Letter/9S-SIl4122 Prairie Road acpt955 26. Approve Quotes/Surveying/Proj. 97-40 & 97-43Narious Trail Improvements a9740&9743 27. Approve Certificate ofCoITection/Timber River Estates cctimber 28. Approve Request/Certificate of Occupancy/Timber River Estates cotimber 29. Approve Request/Certificate of Occupancy /Nightingale Preserve conightpre 30. Approve Extension of Time/96-1 6114220 Crosstown Blvd NW ext9616 31. Accept Petitionl97-48/Street Lights/Rosella's Addition pet9748 32. Approve Final Payment/94-33G/Commercial Blvd. NW Ext.lPhase IIlnvestigationIMistelske fp9433g 33. Approve Union Contract union 34. Conference for Newly Elected Officials conference 3S. Approve Police Contract police Mayor/Council Input Payment of Claims Adjournment .. -. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 16,1997 TABLE OF CONTENTS RESIDENT FORUM ..................................................... 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I CONSENT AGENDA Appoint Tree Commissioner (Lara Newberger) .............................. 1 Approve consent to encroach in easement/Children's World Learning Center. . . . . . . . 1 Approve consent to encroach in easement/Country Ridge, Inc. . . . . . . . . . . . . . . . . . . . I Accept drainage and utility easement/Children's World Learning Center. . . . . . . . . . . . I Resolution R30S-97 approving Registered Land Survey/Country Ridge, Inc. ........ I Resolution R306-97 establishing fund reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Resolution R307-97 approving 1998 General Fund Budget .....................2 Resolution R308-97 establishing 1998 property tax levy. . . . ' , . . . . . . . , , . . . . . . . .. 2 Approve hiring receptionist (Carol Kogler) . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve 1998 license renewals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R309-97 setting fees for permits, rezonings, etc. . . . . . . . . . . . . . . . . . . . .. 2 Resolution R31 0-97 establishing service charges to be collected in 1998 . . . . . . . . . . .. 2 Resolution R3 11-97 establishing permit fees and service charges ................. 2 Resolution R312-97 adopting 1998 Debt Service Budget . . . . ' . . . . . . . . . . . . . . . . .. 2 Resolution R313-97 approving 1998 PIR Fund Budget ...,.................... 2 Authorization to hire two Public Works Maintenance (Scott, Prochniak) ........... 2 Accept letterIIP95-5/14122 Prairie Road ............................... ... 2 Approve quotes/Surveying/IP97-40 & IP97-43/Trail Improvements, . . . . . . . . . . . . .. 2 Approve Ce¡1itìcate of Correction/Timber River Estates . . . . . . . . . . . . . . ' . . . . . . . .. 2 Approve reql!est/Ccrrificate of Occupancy/Timber River Estates ....'............ 2 Approve request/Certificate of Occupancy/Nightingale Preserve. . . . . . . . . . . . . . . . .. 2 Resolution R314-97 approving extension oftimeIIP96-16/14220 Crosstown ........ 2 Resolution R3IS-97 accepting petitionlIP97-48/Street lightslRosella's . . . . . . . . . . . ,. 2 Resolution R316-97 approving tìnal paymentIIP94-33G/Commercial BlvdlPhase II Investigationflvlistelske . . . ' . . . . . ' . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve union contract ................................................ 2 Conference for newly elected officials. . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve police contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve quote on Mom's Auto SalvagelDemolition/IP94-33H .................. 2 - APPROVAL OF MINUTES ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 PRESENTATION TO CITY/ACE SOLID WASTE. ......... .................... 3 EPILEPSY MONTH PROCLAMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 AMEND COMPREHENSIVE PLAN/LAND USE PLA."'f/26XX 138TH A VENUE/ ERICKSON (Tabled) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 AMENDMENT FOR SENIOR SEWER RATES Motion to adopt Ordinance 203(A) ...,...............................,... 4 ORDINANCE 235/LIQUOR ORDINANCEIINSURANCE REQUlREl\ŒNTS Motion to approve as amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 DISCUSS DEVELOPMENT POLICY GUIDELINE/PHASING .................... 4 DISCUSS ASHFORD DEVELOPMENT PETITION FOR UTILITIES/CHESTERTON COMMONS PHASE II . . . . . . . . . . . . . . ' . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - '. --~.__.- .._._~ .... . , Regular Andover City Council Meeting Minutes - December 16, 1997 Table of Contents . Page ii DEVELOPMENT POLICY GUIDELINEIPHASING, CONTINUED Motion to approve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' II ASHFORD DEVELOPMENT PETITION FOR UTILITIES/CHESTERTON COMMONS PHASE II, CONTINUED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Resolution R317-97 approving petition ................,.................. 12 DISCUSS 1997 MWKA COUNTY TRAFFIC STUDIES/W ARRANTED TRAFFIC SIGNALS .....................,................................... 12 RESCHEDULE MARCH 3, 1998, MEETING Motion to reschedule to Wednesday, March 4, 1998 ......................... 13 DISCUSS LMCIT LIABILITY INSURANCE Motion to not waive monetary limits on tort liability . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PLANNING AND ZONING COMMISSIONERS/TERM EXPIRATIONS Motion to reappoint Maynard Ape! and Jay Squires ...... . . . . . . . . . . . . . . . . . . . . 13 PARK AND RECREATION COMMISSION/TERM EXPIRATIONS Motion to reappoint Tom Anderson & Jeff Kieffer/advertise for vacancy .......... 13 " PAYMENT OF CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 -..... MAYOR/COUNCIL INPUT Garbage in yards .................................................... 13 Noise Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Concern for status of seniors ........................................... 14 ADJOURNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - - --- "" - .... -- - .' ! CITY of ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER 16,1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, December 16, 1997,7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike Knight, John Kunza, Ken Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Jerry Windschitl - asked that he be allowed to add the sketch plan of the PUD planned for the 60 acres north of here on the Planning and Zoning Commission agenda for December 23. Mayor McKelvey suggested that item be discussed under Item 1 on the agenda. AGENDA APPROVAL Add Item 36, Approve Quote/Mom's Auto Salvage YardlDemolition/IP94-33H. Motion by Dehn, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 12 Appoint Tree Commissioner (Lara Newberger) Item 13 Approve Consent to Encroach in Easement Agreement/Children's World Learning Center Item 14 Approve Consent to Encroach in Easement Agreement/Country Ridge, Inc. Item 15 Accept Drainage and Utility Easement/Children's World Learning Center Item 16 Approve Registered Land Survey/Country Ridge, Inc. (See Resolution RJ05- 97) Item 17 Establish Fund Reservations (See Resolution R306-97) ... . - . .--.- ~~. , ! Regular Andover City Council Meeting Minutes - December 16. 1997 Page 2 (Consent Agenda, Continued) Item 18 Adopt 1998 General Fund Budget (See Resolution R307-97 approving the 1998 General Fund Budget; Resolution R308-97 establishing the 1998 Property Tax Levy) Item 19 Approve Hiring Receptionist (Carol Kogler) Item 20 Approve 1998 License Renewals Item 21 Adopt 1998 Fee Schedules (See Resolution R309-97 setting fees for permits, rezonings, etc.; Resolution R310-97 establishing service charges to be collected in 1998; Resolution R311-97 establishing permit fees and service charges) Item 22 Adopt 1998 Debt Service Budget (Resolution R312-97) Item 23 Approve 1998 PIR Fund Budget (Resolution R313-97) Item 24 Authorization to Hire Two Public Works Maintenance Positions (Ronald Scott; Merlyn Prochniak) Item 25 Accept Letter/IP95-5/14122 Prairie Road Item 26 Approve QuoteslSurveyinglIP97-40 and IP97-43Narious Trail Improvements Item 27 Approve Certificate of CorrectíonlTimber River Estates Item 28 Approve Request/Certificate of Occupancy/Timber River Estates Item 29 Approve Request/Certificate of Occupancy /Nightingale Preserve Item 30 Approve Extension of Time/IP96-16/14220 Crosstovl'n Boukvard NW (Resolution R314-97) Item 31 Accept PetitionlIP97-48/Street LightslRosella's (Resolution R315-97) Item 32 Approve Final PaymentIIP94-33G/Commercial Boulevard NW Extension! Phase IIlnvestigationfryfistelske (Resolution R316-97) Item 33 Approve Union Contract Item 34 Conference for Newly Elected Officials Item 35 Approve Police Contract Item 36 Approve Quote on Mom's Auto SalvagelDemolitionlIP94-33H Motion by Dehn, Seconded by Kunza, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES December 2, 1997, Regular Meeting: Correct as written. December 2. 1997, EDA Meeting: Correct as written. December 3, 1997, Truth in Taxation Meeting: Correct as written. Motion by Knight, Seconded by Dehn, approval of both December 2 meetings. Motion carried unanimously. Motion by Knight, Seconded by Ortte!, approval of the December 3 Truth in Taxation Meeting Minutes. Motion carried on a 3-Yes, 2-Present (Dehn, Kunza) vote. . .. - -.. -- - -- .~_. -- ,.-. -- - -. Regular Andover City Council Meeting Minutes - December 16, 1997 Page 3 PRESENTATION TO CITY/ACE SOLID WASTE Denny Fredrickson General Manager of Ace Solid Waste - explained about three years ago Dave O'Toole approached Ace Solid Waste for donations toward the Field of Dreams. Since that time the Field of Dreams has been completed, but they have continued the program of contributing money to the Andover parks. He then presented a facsimile check to the City of Andover for $955 for the parks. He expressed their appreciation for the customers they have in Andover. They can make the donation because of the growth in Andover, which is primarily residential. Mayor McKelvey accepted the check on behalf of the City and thanked Ace Solid Waste for their donation. EPILEPSY MONTH PROCLAMATION Mayor McKelvey read the proclamation declaring December, 1997, as Epilepsy Month. The Council recessed to hold an EDA meeting in closed session with the City Attorney; then held a regular EDA meeting at 7:45; reconvened at 7:47 p.m. AMEND COMPREHENSIVE PLANILAND USE PLAN/26XX 138TH AVENUE NW/ ERICKSON Mr. Hinzman reviewed the request of Randi Erickson for an amendment to the Comprehensive Land Use Guide Plan to rezone 1.0 acres located on the southeast corner of Crosstown Drive NW and 138th Avenue NW from C, Commercial to RU, Residential Urban Single Family. The applicant proposes to construction two single family detached homes on the lots. The Planning and Zoning Commission recommended approval. They questioned the viability of the parcel for commercial development. It has been vacant for a number of years, possibly because of the relocation of Crosstown Boulevard. Councilmember Dehn asked about fencing between the residential parcels and the existing commercial establishment. Mayor McKelvey didn't think there was a fence to the north, but he felt it would be the responsibility of Ms. Erickson to be sure a fence is installed along the property line separating the residential from the commercial properties. Because the applicant was not present this evening, it was agreed to table the item to allow Staff to meet with the developer to come to an agreement on the proposal for a buffer between the commercial and residential areas of either fencing or a vegetative fencing. Staff was asked to bring the item back at the January 6, 1998, meeting. Motion by Dehn, Seconded by Kunza, to table Items 2 and 3 (Comprehensive Plan Amendment and Rezoning/26xx 138th Avenue). Motion carried unanimously. --- .. . Regular Andover City Council Meeting Minutes - December 16. 1997 Page-l APPROVE AMENDMENT FOR SENIOR SEWER RATES . Mr. Fursman reviewed the modifications proposed to the ordinance to reduce sewer rates for eligible senior citizens by 50 percent. The age guideline is set at 62 years. The income qualifier is variable and will be set by Council action every year. Motion by Knight, Seconded by Dehn, to approve Ordinance 203(A). Motion carried unanimously. ORDINANCE 235/LIQUOR ORDINANCE/INSURANCE REQUIREMENTS Mr. Carlberg reviewed the research of Staff on the State Statutes and ordinances of other cities regulating liquor licensing and liability insurance requirements. Eight of the 16 cities responding have adopted the insurance requirements set by State Statute. Four of the eight cities may also require an annual aggregate policy for Dram Shop insurance of not less than $300,000. Five cities required higher liability coverage than the State Statute. Staff has prepared a draft ordinance amendment which allows the Council to add the insurance requirements. They also clarified Section 9 relating to the liability insurance requirements, as the current ordinance is confusing. Councilmember Orttel stated the $300,000 aggregate policy is a reduction in coverage, not an increase. He stated there is no City liability. While he would not recommend an establishment carry the State minimum insurance coverage, he understood the business owners would want the option to buy lower limits if the insurance rates increase substantially. His interpretation of the current ordinance is that the minimum requirement is the same as the State Statute. The insurance agent for Brad Povlitzki, Pov's Sports Bar exp!ained they carry $300,000 now and would prefer to have that amount of coverage. But ¡fthe premiums triple or quadruple, it becomes a matter of economics and lowering the coverage to save money. He didn't know until now that they are already allowed to insure to the State Statute requirements. He had been lead to believe they were required to have a minimum of $300,000. Councilmember Dehn felt the State Statute requirements are too low to protect the residents of the community. She would hesitate to approve such low liability limits. Motion by Knight, Seconded by Kunza, the ordinance as presented with inserting the State Statute minimums in the blanks. Motion carried on a 4-Yes, I-No (Dehn) vote. DISCUSS DEVELOPMENT POLICY GUIDELINE/PHASING Mr. Carlberg reported Staff met with the developers and discussed those projects scheduled for development within the MUSA in 1998 and 1999, as well as difcussed the timing of the projects in relation to the Development Policy Guideline requirements. Projects scheduled for development in - .-. '...._-- ~-- .. ----._...._._~ ..... . ·" Regular Andover City Council Meeting Minutes - December 16, 1997 Page 5 (Discuss Develompent Policy Guideline/Phasing, Contil/ued) 1998 must receive preliminary plat approval and petition for improvements by December 31, 1997, for urban plats of20 or more lots. For urban plats offewer than 20 lots, a January 31, 1998, deadline exists. He then reviewed the development phasing chart and detailed the status of the developments of Chesterton Commons, Winslow Hills 4th Addition, Fahrnam, Rosella and Cambridge Capital, Inc. (Cambridge Estates) as submitted in the Staff report for the Agenda material. It appears only Chesterton Commons will be ready by the deadline, but he nr>ted the issues of the southwestern triangle in the preliminary plat not proposed for 1998 development and the severed parcel of Chesterton Commons 11 to the north of Cambridge Estates which does not have access to municipal utilities at this time. There was some concern on the part of the Council about leaving that southwest corner undeveloped at this time, thinking it creates an undeveloped island and subverts the City's intent to plat adjacent property rather than leap frogging. Mr. Carlberg noted the developer of Winslow Hills 4th has some concerns with the storm drainage and service of the sanitary sewer. It does not appear there will be a project in 1998, as a preliminary plat has not been submitted to date. The developer of the Fahrnam property submitted a concept plan to the Council on December 2, at which time the property was rezoned for M-2. The developer has asked to install all of the utilities on the entire 60-acre parcel in 1998 but only develop buildings on the eastern portion. The western portion of the property is in the 200-2005 time frame for development. A decision will need to be made on how to service that property with sanitary sewer. The eastern portion could be served from across Hanson Boulevard NW through the Cambridge Estates plat. The western portion could be serviced with the trunk in the back of the Oak View Middle School property or from the trunk near the Woodland Estates plat on Nightingale. The developer has asked that the sketch plan for this property be placed on the December 23 Planning Commission agenda. The Andover Review Committee has not had an opportunity to review the sketch plan to report to the Planning Commission, which is the prccedure, The Planning Commission is not meeting on the 23rd, and the deadline has passed to put it on the published agenda in the Anoka Union. That sketch plan will probably be placed on the P & Z agenda for the first meeting in January, 1998. Even if the Planning Commission did meet on December 23, it would be extremely difficult to get a plat approved by January 31, 1998, to meet the deadline. Mr. Carlberg stated the existing development of Shadowbrook will be carrying over about 20 to 30 buildable acres of their lot development into 1998. He also noted that Cambridge Capital, Inc., has requested their property be moved from the 1999 to the 1998 development time frame. If the entire 45 acres can't be moved, they would like to develop at least 25 buildable acres in the southern portion of their property in 1998. It is unlikely that any plat for Cambridge Capital will meet the December 31, 1997, deadline for 1998 development. Pilot Land Development has also requested 15 to 20 buildable acres be moved to the 1998 development time frame. Their property is located between Oak View Middle School and the Fahrnam property. Mr. Erickson then reviewed the history of setting the December 31 deadline for development the following year. Mr. Fursman also pointed out the goal of the development policy was never intended to be a bureaucratic stumbling block but as a means of pacing development in an orderly manner with - -._- . .. - ..-. -- ~ -- --,,~ ·( - Regular Andover City Council Meeting lvlinutes - December 16. 1997 Page 6 (Discuss Develompent Policy Guideline/Phasing, Cominued) a clear and fair policy. Mayor McKelvey was concerned that the review of the ARC Committee can hold up a developer rrom meeting the deadlines. Councilmember Orttel was also concerned that the progress of the plat seems to be at the mercy of the Staff and their review; whereas in the past it was the job of the Planning Commission to review sketch plans and plats. There was also a specific time rrame in which that was to be done, and it was not held up by Staff like it is now before it can even get to the Planning Commission. He felt the current process is frustrating, especially when an entire . project for next year is thrown out the window because a deadline isn't met. Mr. Fursman reviewed the procedure that has been in place and noted the sketch plan for Fahrnam was not placed on the December 23 Planning Commission agenda because the ARC committee has not yet reviewed it to forward comments to the P & Z. Councilmember Orttel noted that under the present procedure, it is not known until December 31 whether or not someone scheduled for the next year's development will plat for sure. Mr. Carlberg agreed that is a problem, and Staff has discussed the benefits of discussing the schedule in June or even earlier so the developers in later time frames would have the ability to make application for an earlier time rrame if acreage is available. He also noted that if only Shadowbrook 3rd Addition and Chesterton Commons 2nd Addition were developed next year, there would be about a thousand urban lots available for sale, which is about a three-year supply. The Council and Staff discussed the development guideline, the procedures and deadlines, the problems that have evolved, and events that caused some plats to miss the development deadline for nex1 year. There was also concern that if the City waives the deadlines, then there is no sense having them in place. Jerty Windschitl A~hford Development - asked the Council to look at what is in the best interest of Andover, not in the best interest of the Staff or the developers. He felt a great bureaucracy is being created by the ridged policies Under the old system, plat after plat were completed; and there were no substandard items. He has a parcel where he's trying to provide a unique need for the residents of Andover, and he is unable to even get the sketch plan on a Planning Commission agenda. He submitted 10 copies of the sketch plan and is doing his best to be ?ble to get it ready for development in 1998. It is a relatively simple preliminary plan. He stated the cut off date to publish the agenda in the Anoka Union is noon tomorrow, so this could have been published. He was not aware that the Planning Commission meeting will not meet for a month. It is difficult for them to meet the December 31 deadline, because their engineers are busy in the summer and fall of the year. The Second Addition of Chesterton Commons II north has always been in the 1998 development time rrame, though he recognized they may not be able to develop it. Mayor McKelvey was concerned with developing Chesterton Commons 2nd Addition next year without that triangular piece in the southwest corner. Mr Windschitl - stated he is trying to get the sewer line to Hanson Boulevard to ultimately serve the Fahrnam property. The Council has just let the Shadowbrook development do as he is proposing here. He is phasing Chesterton Commons and stated he is doing nothing different than the Shadowbrook development. There is no leap frogging, as Chesterton Commons 2nd is adjacent to the phase done this year. He is not preventing anyone else from developing, as the Hamilton Square / Regular Andover City Council Meeting Mil/utes - December 16, 1997 Page 7 (Discuss Develompent Policy Guideline/Phasing, Continued) plat was approved with ponding on site. One of the reasons for not platting that southwest triangular area is because those will be the most difficult lots to sell. The height and type of material of the post office that is being constructed in Hamilton Square is very close to the property line and is a very large monstrosity. That will make the lots around the property line less attractive than those he is proposing to plat in Chesterton Commons 2nd. He is trying to get his best property on line and trying to advance the trunk line for additional property to develop. He has no intent to develop that southwestern triangular piece as commercial property. Councilmember Knight wondered why the plat for F ahrnam was not to the City sooner since Mr. Windschitl knew it was slated for development in 1998. Mr. Windschitl - stated they did start the process quite some time ago, but it took longer than he thought for the sketch plan. He understood he had until the end of January, 1998, to get an approved plat. Again he asked that the Council do what is in the best interest of the City. Councilmember Orttel was appalled at how long it takes to get a plat approved in the City now. In the past, the City was getting ten to twelve plats done with one-third the Staff. Fahrnam was in to the City last August; the Council approved the concept a month ago. He stated the timing of plat approval is subjective because of the massive amount of Staff time it takes to review it. Mr. Carlberg explained the Council was dealing with the rezoning since August, which normally goes hand in hand with the preliminary plat. The Planning Commission has not yet seen the sketch plan, nor the concept plan that the Council saw two weeks ago. Whether or not there would be a Planning Commission meeting on December 23 or they see the sketch on January 13, it would be unlikely the January 31 deadline would be met based on the ordinance requirements. Commissioner Dehn was frustrated with the status of the plats for development in 1998, At this point she suggested the number of developable acres be evaluated, that Mr. Windschitl's development ofFahrnam be allowed to develop in 1998 because it has been in progress since August, that Chesterton Commons 2nd be allowed to develop if it includes the southwestern triangular piece, that Cambridge Capital should not be allowed until 1999 because they don't even have a concept plan in yet, that possibly the Pilot Land Development Company proposal should be considered since it is adjacent to the school and Fahrnam, and that in the future the developers start the process earlier to meet the deadlines. Joel Levahn. Cambridge Capital - stated they are asking that the Cambridge Estates plat be advanced from the 1999 to the 1998 development time frame. At the end of the summer they looked at the project and thought it was possible that some of the other projects in the 1998 time frame would not develop. If that were the case, they wanted to be ready to go in 1998. They considered the timing requirements and felt they had enough time to get their proposal through the ARC committee and the Planning Commission and Council this year. Their engineer, Pete Rattika, talked to Todd Haas, Assistant City Engineer, and was told to submit three copies of the plat. Mr. Rattika submitted the three copies on October 7 personally to Mr. Haas. Mr. Rattika has done many plats in the City recently and will testify that they have never been required to submit ten copies. The letter on October 10 from Mr. Carlberg states the City's policy should be strictly complied with. It was his understanding that state law requires the plat be approved within 60 days. Attorney Hawkins stated the 60-day rule does not apply to plats. -~-- þ -Þ.--.--.....-.. ..~, .r Regular Andover City Council Meeting Minutes - December 16. 1997 Page 8 (Discuss Develompent Policy Guideline/Phasing, Continued) Mr Levahn - disagreed. They made their submittal in good faith. Mr. Carlberg's letter never told what was missing. If they had known ten copies were to be submitted instead of three, they would have complied immediately. They were never told there was a problem. They did respond and talked to Mr. Hinzman, who did not know ifthere was a problem but who said he would have Mr. Carlberg get back to them if there was a problem. They never heard back from Mr. Carlberg, so they assumed everything was in order. Mr. Rattika talked to the City Engineers about various items on the proposed plat, but the seven missing copies never came up. They thought everything was submitted and ready for to go to the Planning Commission and Council. Mr. Levahn continued to explain their frustration at the Staff not treading their plat as a formal submittal until November 19 and the miscommunication regarding the items that were missing. They felt they did get their paperwork into the City in a timely manner to meet the development deadlines to have a plat ready for development in 1998 if the Council chose to allow it. They did try to comply with the requirements. Councilmember Orttel noted this supports his argument that the developer has no control of the time line for plat approval. It can be held up by Staff, and the developer has no way cfknowing for now long. The developer is not in charge of the time frame; the City is because the clock doesn't start running until the Staff is all done with its review. He is concerne:.l with the procedure in general. If it has to be an absolute time frame for the developer, there should also be an absolute time frame for Staff Mr. Fursman stated there is enough documentation to support their actions, though he did not feel this is the correct time to discuss it. In principal, Staff agrees with Councilmember Orttel, but they are charged with carrying out the wishes of the Council. The Council made the polices and procedures which Staff responds to. Winslow Holasek - stated they developed Winslow Hills 2nd in 1992, Winslow Hills 3rd in 1993 and should have done Winslow Hills 4th in 1994. It couldn't get developed because the City's consulting engineers at the time were reviewing their own work, which he objected to. The consulting engineers abandoned their storm sewer system plan for one to dump the water into Lake Andover. Because of those disagreements, he felt the consulting engineer had it in for him. The end result is the new trunk to service Winslow Hills 4th would have to run across his farm land. Also, the sanitary sewer was raised in 152nd. That means to develop Winslow Hills 4th, the sewer would have to come from 150th and run across his farm land. There were also problems with the assessments in the 2nd addition, as even the low areas were assessed by the consultants. That has since been corrected. Mr. Holasek stated the development of the 4th addition has been held up by the City. He came to the City last April and asked how he could develop the 4th. He did not get a response. This fall, when he met with Staff and asked for suggestions to resolve these issues, Staff had none. He suggested a solution would be to lower the sewer line in 152nd eight feet to where it should have originally beeu. He also feels bad that Ms. Kotlowski thinks he is telling people not to buy and develop her property or that he has prevented her property rrom being developed. It is not true. He too is frustrated. At this point ifhe wants to farm, he can't develop. Ifhe wants to develop, he can't farm. Donald Jensen Pilot Land Development Company - stated they have held a number of discussions with the City regarding their potential project. Their proposal is to develop the land immediately - ---- -.' ,- Regular Andover City Council Aleeting Minutes - December 16. 1997 Page 9 (Discuss Develompent Policy Guideline/Phasing, Continued) north of Oak View Middle School, which would consist of one road and one trunk sewer, not the entire area shown as Nightingale Miscellaneous. They followed the schedule and started in April with a sketch plan for single family homes. In looking at the development schedule and what is being developed around that area, they wanted to be ready for 1998 development if the trunk sewer was going to be available and if there were other properties scheduled for next year that would not be developed. Also, Cambridge Estates, Fahrnam and their property will all access Hanson Boulevard at the same place; so they all need to be talking to the county together. They also felt that they could get the inITastructUfe started for that parcel in 1998 with completion in October so they could build one model home over the winter of 1998-1999. They have no problem with the Staff communications; but on the other hand, ifthere was greater flexibility, they could make decisions on whether or not to spend the money on a preliminary plat. They are clearly in the 1999 development time trame, but they wanted to be ready if the services were available and hoped for a small marketing window next year. They recognize the development of the western portion of the property cannot be done until the deep sewer line is brought up to it. The reason they are proposing doubles is because at the time of the sketch plan, the Planning Commission envisioned multiples between the school and the m:Jltiple area immediately to the ilorth. They are ready to respond either way as single family or multiple development for that parcel. ~hie Kotlowski - didn't understand what is going on. She only has a deposit from someone who wants to purchase her property, but she doesn't know if the land will be sold or not. Mr. Windschitl - stated he had requested in writing to install the roads and utilities for the entire parcel ofFahrnam. though he would not develop the western portion that is in the 2000-2005 time frame. There is a great advantage to having everything installed before people move in to avoid misunderstandings. He also suggested that rather than continuing the deep trunk sewer line north along Nightingale, it may be more cost effective to install a lift station. It would allow all these properties to develop without having to bring the deep trunk line from the Slyzuk property. The Council continued to discuss the requests of the developers, the events that took place with the various developers and Staff, the deadlines in the development policy and how to proceed for the development in 1998. It was finally acknowledged that Chesterton Commons 2nd addition has met the requirements, though there was dissention regarding the southwest corner.. For an orderly extension of the trunk sewer lines, it was felt the southern 25 acres of Cambridge Estates should be developed in 1998, noting the miscommunications that have taken place this fall regarding that development. There was also some sentiment to include that parcel of Pilot Land Development Company because of its location, though that would be a longer process if a Comprehensive Plan Land Use amendment and a rezoning are needed. It was also noted that the process for the Fahrnam property began last August and should be allowed to continue for 1998 development. It was suggested that in the future, the development time frame needs to be considered in early spring or summer prior to that year's development, not in December. Consideration should also be given to establishing a start date at which time developers would submit their plans rather than setting a completion date for final plat approval. .-. . ---<- - -- .. -- -- ~ - Regular Andover City Council Meeting Minutes - December 16, 1997 Page 10 (Discuss Develompent Policy Guideline/Phasing, Continued) Motion by Ortte( that the 60-acre parcel of Fahrnam to the extent possible be included in the 1998 construction; that the property owned by the Pilot Development Company be included; the south 25 acres of Cambridge Estates be included; and on those three that the time for complying be extended to allow completion of the platting process; and Chesterton Commons 2nd Addition south of Cambridge Estates. There was no Second. Several Councilmembers struggled with the proposal of Chesterton Commons 2nd Addition because it excludes the development of the southwestern triangle in 1998. Councilmember Orttel did not think the City had the right to dictate to the developer which acres should be developed. The proposal is a logical extension of the sewer line and is a continuous development of the MUSA. He did agree to delete that portion of the motion "south of Cambridge Estates" to avoid confusion. Attorney Hawki:1s advised the Council can tell a developer what can be developed as long as there is a reasonable basis for it. Jerry Windschitl - argued this proposal is no different than what is being done in Shadowbrook. There are no gaps; it is a continuous platting process. The Council wants to tell him he has to develop his worst lots. Gordon Jenson Attorney for the Hamiltons - stated they are trjing to find out whether or not that southwest corner will be included in the Chesterton Commons development. They have a significant concern regarding that issue because of the storm sewer system, and they are trying to determine what will and will not be developed in 1998. Because the issue regardi'1g the southwest comer of the Chesterton Commons plat relates directly to Item 6, Ashford Development Petition for Utilities/Chesterton Commons Phase II, the Council agreed to discuss that item at this time, then return to the Development Policy Guideline/Phasing discussion. DISCUSS ASHFORD DEVELOPMENT PETITION FOR UTILITIES/CHESTERTON COMMONS PHASE Il Mr. Erickson reviewed the petition received from Ashford Development Corporation to order the preparation of a feasibility report for streets and utilities for the second phase of Chesterton Commons, IP97-49. It is a unique situation because two developers are involved with the phasing and timing relating to Chesterton Commons. Typically, the City hasn't directed the phasing of plats; but in this instance, the timing of Chesterton Commons directly relates to the development of Hamilton Square to the south. Hamilton Square was designed with an interconnection of storm water with Chesterton Commons, which is directly rated to the triangular piece being left out of that development. Another option for Hamilton Square would be to develop with on-site ponds. There are some grading issues if the storm water is all run down the ditch of Hanson Boulevard, plus the need for an agreement from the county. - '. __..___....... ".0_'- .. ~. r Regular Andover City Council Meeting Minutes - December 16. 1997 Page 11 (Discuss Ashford Development Petition for Utilities/Chesterton Commons Phase II, Continued) Jeff Schopek Hamilton Engineer - reviewed the drainage proposal in detail to drain into a catch basin within Chesterton Commons and ultimately to Ditch 37. Hamilton Square has already been assessed for that connection to Chesterton Commons. When the Chesterton Commons phase for that southwestern triangle is being developed, the plan is for Hamilton Square to connect to the storm drainage system. It is a timing issue and they expected development in an orderly fashion. From a planning standpoint, he noted the proposal of Chesterton Commons 2nd is for a very long dead end street almost up to Hanson Boulevard with no connection to the southwestern triangular parcel. It would be better from a safety standpoint to do the entire project at one time. Mr Windschitl - stated the City is asking him to plat his worst lots. When the Hamilton Square project was approved, it was approved with two ponds. They can develop the entire parcel without his development. What is being asked of him is to his economic detriment for the gain of another. The Council discussion then returned to Item I. This item was discussed again later in the meeting. DISCUSS DEVELOPMENT POLlCY GUIDELINE/PHASING, CONTINUED It was then suggested that the issue regarding the development of the southwest triangle in Chesterton Commons is not relevant to this discussion and should be considered further under Item 6. Motion by Orttel, Seconded by Dehn, that the 60-acre parcel cfFahrnam to the extent possible be included in the 1998 construction; that the property owned by the Pilot Development Company be included; the south 25 acres of Cambridge Estates be included; and on those three that the time for complying be extended to allow completion of the platting process; and Chesterton Commons 2nd Addition. Motion carried on a 4-Yes, I-No (McKelvey) vote. ASHFORD DEVELOPMENT PETITlON FOR UTILITIES/CHESTERTON COMMONS PHASE II, CONTINUED Mr. Erickson eXplained that with the approval of the development of Cambridge Estates, there will be an exit for Chesterton Commons onto Hanson Boulevard, which provides a second access assuming it aU falls into place for 1998. Without the development of that southwest triangle in 1998, he felt that a temporary storm sewer system could be developed for Hamilton Square if the easements can be obtained through that undeveloped triangle. Staff would have to look at the additional costs. There could be an outlet pipe discharging to the ponding system. The ponds are constructed, but there is no connection between them in Chesterton Commons. The discussion continued \vith Jerry Windschitl, Ashford Development, arguing the Hamilton Square project was approved with ponding so his development does no: affect them. He didn't want to be . nO ._ -- - - ..- ~ -- - __ _ _ a . - - Regular Andover City Council J.leetillg Minutes - December 16, 1997 Page 12 (Discuss Ashford Developmellt Petition for Utilities/Chesterton Commons Phase 1I. Continued) forced to do something to his detriment to benefit another developer. Mr. Schopek, Hamilton's Engineer, explained the plat was approved with two storm drainage systems, the ponding and a proposal to outlet through the Chesterton Commons plat. Mr. Erickson stated from an engineering standpoint, the preferred option is to drain north. Easement will be needed from both Chesterton Commons and Cambridge Estates to the north to ultimately discharge to Ditch 57. Attorney Hawkins stated the City can require the developer to provide the easements from that southwest triangle as a part ofthe overall development scheme. It would be proper tc ask for the easement now to assist the development of adjacent property. !vir. Windschitl argued he will be flooded out if the storm water pipe is not built now, because there is a very large amount of water from the Hamilton Square area. He understands the Hamilton property is in the process of being sold to another developer, and now they want to develop it by dumping the water on him. Gordon Jenson, Attorney for the Hamiltons, stated there is no option on the table; no purchase agreement submitted; no plans of development for the parcel to the south. The plat for Hamilton Square was approved \\~th two alternatives for storm water. They would like to have the opportunity to use the easement to the north. They have already deposited funds to drain to the north. Mr. Windschitl stated if there is no IlIsh to develop the southern pOltion of Hamilton Square, then what difference does it make if that southwest corner is developed this year or a year from now. Motion by Orttel, Seconded by Dehn, that the Council approve the petition from Ashford Development Corporation, to adopt the Resolution as presented with the condition that it is subject to the City obtaining the right of way for drainage easement on the adjacent parcel to the west of the proposed plat. (See Resolution R317-97) DISCUSSION: Councilmember Orttel noted the intent would be that Mr. Windschitl would provide the same utility easements that would be taken off the preliminary plat for that southwestern portion. Because they would be required as a part of the plat, he would not be paid for them. Mr. Windschitl argued the proposal goes through a large portion of a lot, not on a lot line. Mr. Erickson stated they would work with Mr. Windschitl and the county to place the pipe within county easements where necessary and to IlIn it adjacent to the lots along the drainage and utility easement lines. Motion carried unanimously. DISCUSS 1997 ANOKA COUNTY TRAFFIC STUDlESIWARRANTED TRAFFIC SIGNAL The Council did not see a need for a traffic signal at Round Lake Boulevard and 141 st Lane, though they suggested that turn lanes on Round Lake Boulevard at 141st Lane and 143rd Avenue would resolve the prob1em. The Council agreed with the traffic signal at Hanson Boulevard at Crosstown Boulevard and asked that the county study Hanson Boulevard at Andover Boulevard. They also agreed to request the county to study the intersections of Crosstown Drive and 139th Avenue/Crosstown Boulevard. - -, -- . _. -. ... -->- ~ -- - -- c ~ Regular Andover City Council Meetin~ Minutes ~ December 16, 1997 Page 13 RESCHEDULE MARCH 3, 1998, MEETING Motion by Dehn, Seconded by Orttel, to reschedule the March 3, 1998, meeting to Wednesday, March 4,1998. Motion carried unanimously. DISCUSS LMCIT LIABILITY INSURANCE Motion by Orttel, Seconded by Dehn, that the City Council not waive the monetary limits on municipal tort liability established by Minnesota Statutes 644.04 and authorize the City Administrator to execute the waiver for the LMCIT. Motion carried unanimously. PLANNING AND ZONING COMMISSIONERS/TERlvl EXPIRATIONS Motion by Orttel, Seconded by Dehn, that Maynard Apel and Jay Squires be reappointed to three~ year terms on the Planning Commission. Motion carried unanimously. The Council directed Staff to ask Randy Peek if he would be willing to serve another year as Chairperson of the Planning Commission, That item is to be placed on the January 6, 1998, agenda. PARK AND RECREATION COMMISSION/TERM EXPIRATIONS Motion by Dehn, Seconded by Knight, to accept the requests for reappointment of Tom Anderson, Jeff Kieffer and Al Grabowski. DISCUSSION: Mayor McKelvey had a concern with the reappointment of Commissioner Grabowski, Councilmember Orttel suggested the other two be appointed at this time, and Commissioner Grabowski can be interviewed along with the other applicants if he wishes to reapply. Councilmembers Knight and Dehn withdrew the Second and the Motion. Motion by Dehn, Seconded by Orttel, to appoint two Commissioners instead of three and advertise for the one. Appoint Mr.Tom Anderson and Mr. Jeff Kieffer. Motion carried unanimously. PA YMENT OF CLAIMS Motion by Knight, Seconded by Kunza, the payment of claims. Motion carried unanimously. MA YORiCOUNCIL INPUT Garbage in yards ~ Councilmember Dehn received a call fÌ'om a gentleman in the 2100 block of 140th Street regarding garbage fÌ'om others in his yard. The ordinance doesn't cover that, and she felt that may be something that should be considered as the City's ordinances are updated. r , - Regular Andover City Council Meeting Minutes - December 16. 1997 Page ].I (!vfayor/Council Input, Continued) Noise Ordinance - Councilmember Dehn had a concern over a potential problem with the Noise Ordinance and farming operations. There are some farming operations that generate noise that are essential to the business, and she felt that needs to be considered when setting up a new Noise Ordinance based on decibel levels. She also reviewed the decision of the Planning Commission to have Staff take decibel level readings next summer, then draft a Noise Ordinance based on decibel levels. Concern for status of seniors - Councilmember Orttel, referencing a meeting in early December regarding taxation and its effect on the senior citizens, felt that everyone on the Council is equally concerned about the status of senior citizens. Mr. Fursman stated they have had some success in findings ways to obtain tax relief for some senior citizens. Motion by Kunza, Seconded by Dehn, to adjourn. Motion carried. The meeting adjourned at 12:30 a,m.. Respectfully SUb~ ih~~ ;1 Recording Secretary ,-. -, ---- .~- --.-. -- - -~ - .-