Loading...
HomeMy WebLinkAboutCC January 21, 1997 J) CITY of ANDOVER Regular City Council Meeting - January 21, 1997 agenda tanning & Zoning Commission Interviews Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discu~síon Item I. Public Hearing/Ordinance 29/Tree Preservation Policy tree 2.Winslow Hills 2nd Addition. Disc., Cont./92-4 winslow2 3. Lot Split/Variance/Spurgin, Cont. lotsplit 4. Request from Best Auto Parts bestauto 5. Non·Confonning Home Occupation home 6. Timing of Urban Development/ Response to Ashford Development timing 7. Approve Revision to Development Policy Guidelines policy 8. Order Feasibility Report/97-9/Section 23(Chesterton CommonslHamilton Propertyrrrunk S.S/WM.) ord979 9. Accept Petition/Order Feasibility Report/97-8/Chesterton Commons pet978 10. Timber River EstateslRequest from Woodland Development timriver II. Order Plans & Specs/97-lrrrunk WM.lAndover Blvd. NW ord97t 12. Order Feasibility Report/97-2/Bunker Lake Blvd NW Service Road/Site grading/Streets & Utilities ord972 13. Order Feasibility Report/97-12/Well #7/Shadowbrook 2nd Addition ord9712 14. Order Feasibility Report/97-13/ Water Storage Facility/Shadowbrook 2nd Addition ord9713 IS. Order Feasibility Report/97-14/1ntersection Improvements of Prairie Road and Bunker Lake Blvd NW ord9714 16. Discuss Drainage Options/95-l4/Crooked Lake Blvd. NW disc9514 17. Approve Resolution for Financing/95-24/Coon Creek Trail appr9524 18. Order Plans & Specs/94-30B/City Hall Parking Lot Construction ord9430b 19. Order Plans & Specs/94-30C/City Hall Parking Lot Lighting ord9430c HRA Meeting 20. Public Hearing/I 997 CDBG Budget CDBG Reports of Staff. Committees. Commissions 21. P & Z Commission Appointment pz 22. Schedule Board of Review Schedule Non-Discussion/Consent Items 23. Establish 1997 Park Commission Per diem park 24. Establish 1997 Planning & Zoning Per diem pandz 25.Establish 1997 Mayor & City Council Annual Salary mayor 26. Approve Kennel License RenewaVHobnail Dalmatians kennel 27. Planning Intern Stipend intern 28. Approve Feasibility Report/96-30/Tirnber Oaks Estates appr9630 29. Accept Petition/Order Feasibility Report/97-7/Crown Pointe East 2nd Addition pet977 30. Approve Change Order #l/94-33B/Commercial Blvd/Contamination & Debris Removal c09433b 31. Approve Change Order(Balancing)/93-17/Crown Pointe c09317 32. Approve Final Payment/93-17/Crown Pointe fpay9317 33. Order Plans & Specs/97-31l997 Cracksealing ord973 34. Order Plans & Sp ecs/97-4/1997 Sealcoating ord974 35. Order Plans & Specs/97-11/1997 Misc. Concrete Curb & Gutter ord971l 36. Approve Quote/94-33E/Exploratory Excavation/Commercial Boulevard qt9433e 37. Fire Department Retirement/Appreciation Dinner dinner 38. Fire Department Fourth Quarter 1996 Emergency Response Totals response Mavor-Councillnnut Payment of Claims Ad¡ournment .. ' ~..._- .~..-_. ..-- j) REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 21, 1997 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · 2 CONSENT AGENDA Resolution ROll-97 ordering plans and specs/IP97-1/Trunk Watermain/Andover Boulevard' · · · · · 2 Resolution R012-97 ordering feasibility/IP97-2/Bunker Lake Boulevard Service Road/Site grading/Streets & utilities 2 Resolution R013-97 ordering feasibility/IP97-12/Well #7/ Shadowbrook 2nd Addition · · · · · · · 2 Resolution R014-97 ordering feasibility/IP97-13/Water storage/ Shadowbrook 2nd · · · · · · · · · · · 2 Approve kennel license renewal/Hobnail Dalmatians · · · 2 Resolution R015-97 approving feasibility/IP96-30/Timber Oaks 2 Resolution R016-97 accepting petition/ordering feasibility/ IP97-7/Crown pointe East 2nd · · · · · · · 2 Resolution R017-97 approving change order #1/IP94-33B/Commercial Boulevard/Contamination and debris removal · · · 2 Resolution R018-97 approving change order (balancing}/IP93-17/ Crown pointe · · · · · · · · · · · · · · 2 Resolution R019-97 approving final payment/IP93-17/Crown pointe3 Resolution R020-97 ordering plans and specs/IP97-3/1997 Cracksealing · · · · · · · · · · · 3 Resolution R021-97 ordering plans and specs/IP97-4/1997 Sealcoating · · · · · · · · · 3 Resolution R022-97 ordering plans and specs/IP97-11/1997 Miscellaneous concrete curb and gutter · · · · · 3 Approve quote/IP94-33/Exploratory excavation/Commercial Blvd 3 Fire Department retirement/Appreciation dinner · · · · 3 Fire Department fourth quarter 1996 emergency response totals 3 APPROVAL OF MINUTES . · · · · · · · · · · 3 PUBLIC HEARING: ORDINANCE 29/TREE PRESERVATION POLICY 3 WINSLOW HILLS 2ND ADDITION/DISCUSSION CONTINUED/IP92-4 Motion approving assessment refund · · · · · 5 LOT SPLIT/VARIANCE/SPURGIN, CONTINUED · · · · · · 5 Motion to approve Resolution (dies for lack of a Second) 6 Resolution R023-97 approving lot split/variance · · · · 6 REQUEST FROM BEST AUTO PARTS · · · · · 6 NON-CONFORMING HOME OCCUPATIONS Motion to table to next meeting · · 7 TIMING OR URBAN DEVELOPMENT/RESPONSE TO ASHFORD DEVELOPMENT · 7 REVISION TO DEVELOPMENT POLICY GUIDELINES · · · · · · · 7 Motion to approve · · · · · · · · · · · 8 ORDER FEASIBILITY REPORT/IP97-9/SECTION 23 (CHESTERTON COMMONS/ HAMILTON PROPERTY/TRUNK SANITARY SEWER AND WATERMAIN) Resolution R024-97 ordering feasibility · · · · 8 PETITION/ORDER FEASIBILITY/IP97-8/CHESTERTON COMMONS Motion directing Staff to re-submit after preliminary plat approval . · · · · · · · · · · · · · · 8 TIMBER RIVER ESTATES/REQUEST FROM WOODLAND DEVELOPMENT · 8 Motion to approve request to co-sponsor application to DNR 9 ORDER FEASIBILITY/IP97-14/INTERSECTION IMPROVEMENTS OF PRAIRIE ROAD AND BUNKER LAKE BOULEVARD NW Resolution R025-97 ordering feasibility · · · · · · 9 ~D Regular Andover City Council Meeting Minutes - January 21, 1997 Table of Contents Page ii DISCUSS DRAINAGE OPTIONS/IP9S-14/CROOKED LAKE BOULEVARD · · 9 Resolution R026-97 receiving feasibility · · · · · 10 FINANCING/IP95-24/COON CREEK TRAIL Resolution R027-97 concurring with partial funding · · · · 10 ORDER PLANS AND SPECS/IP94-30B & IP94-30C/CITY HALL PARKING LOT CONSTRUCTION AND LIGHTING · · · · · · · 10 Resolution R028-97 ordering plans and specs/parking lot construction . . . · · · · · · · · · 11 Resolution R029-97 ordering plans and specs/parking lot lighting · . · · · · · · 11 MONTHLY REPORT/SHERIFF'S DEPARTMENT · · · · · 11 PLANNING AND ZONING COMMISSION APPOINTMENTS Motion to nominate Mike Gamache ( failed) 11 Motion to appoint Don Jacobson (dies for lack of a Second) · 11 Motion to appoint Jon Hempel (dies for lack of a Second) 12 Motion to appoint Mike Gamache (passed) · · · · · · · · · 12 Motion to appoint Randy Peek Chairperson and Jay Squires as Acting Chairperson · · · · · · · · · · · 12 SCHEDULE BOARD OF REVIEW Motion to schedule Thursday, April 10, 1997 · · · 12 HIRE/RECEPTIONIST/SECRETARY Motion to hire Barbara Wells as receptionist/secretary · 12 ESTABLISH 1997 PARK COMMISSION AND PLANNING COMMISSION PER DIEM and ESTABLISH 1997 MAYOR AND CITY COUNCIL ANNUAL SALARY Resolution R030-97 establishing Park Commission per diem · 12 Resolution R031-97 establishing P & Z Commission per diem · · 12 Resolution R032-97 establishing Mayor and City Council annual salary . · · · · · 12 PLANNING INTERN STIPEND · · · · · · · · 12 Motion to approve · · · · 13 MAYOR/COUNCIL INPUT Complaint letter on snowmobiles · · · · · · · · · 13 Information in newsletter · · · · · · · 13 Funding for hazardous waste cleanup · 13 APPROVAL OF CLAIMS · · · · · · 13 ADJOURNMENT . . · . · · · · · · · · · · · 13 -- - .-- .. - ~.... -.-" --. -- Uff'Z IJ~tp ¡-~b- If, (1q/7 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - JANUARY 21, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called tc order by Mayor Jack McKelvey on January 21, 1997, 7:03 p.m., at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, Minnesota. Councilmembers present: Knight, Kunza, Orttel Councilmember absent: Dehn Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Jerrv Windschitl. Ashford Development - presented the Council with written documentation on their efforts to obtain the large scale maps of the Woodland Estates plat which were used for the public hearing. He wanted to verify some issues raised at the December 17 Council meeting relating to the completeness of that plat. There was a 27-page punch list of remaining items dated December 16. He noted the sequence of events in his efforts to obtain those maps and is now being told that the City no longer has them in its possession. They are public hearing documents, and he didn't understand why they were destroyed, which is what he has been told by Staff. He was offered 11x17-inch black and white copies of the plat, which he stated are unreadable. He asked why those documents were destroyed. Mr. Fursman stated the City does not keep the blueprints of the documents. The black and white copies are kept in the files. He was not sure when that procedure started. Mr. Winds chit I - felt the City has the right to ask for those maps from the developer's engineer. Ashford Development is willing to reimburse the City for any expenses. He thought the public hearing documents need to be kept on file as a benchmark. Mr. Erickson explained that once blueprints are modified, the old ones are destroyed and only the most recent reversion is kept on file. Councilmember Orttel questioned how the Planning Commission can review a plat from the black and white maps because much of the information is not readable. Mr. Carlberg explained the decision was to go with·the black and white maps which are provided by the developer. If there is an issue, they refer back to the large maps. A large-scale map is kept on file that has the current revisions. After further discussion, the Council asked that the engineering firm of Woodland Estates be asked to submit the large-scale maps of the development which were used for the public hearing. If that is not successful, they suggested TKDA be contacted for copies of their maps. They also suggested that in the future at least one copy of the large maps used at public hearings be kept on file to protect itself in the event of litigation. Also, the large maps of the final version would be kept on file. ... . -. - . -'.'-'-. .~.. .~ liD Regular Andover City Council Meeting Minutes - January 21, 1997 Page 2 (Resi.dent Forum, Continued) Jim Raffertv. 1518 139th Lane - asked if there has been any movement on the City's acquisition of land along Hanson Boulevard for a possible land swap for Bill's Superette. Mr. Fursman stated the County Attorney has written a letter to the State regarding the City's position. There has been no response. AGENDA APPROVAL Move Items 11, Order Plans and Specs/IP97-1/Trunk Watermain/Andover Boulevard; 12, Order Feasibility/IP97-2/Bunker Lake Boulevard NW Service Road; 13, Order Feasibility/IP97-12/Well il7/Shadowbrook 2nd; and 14, Order Feasibility/IP97-13/Water Storage Facility/Shadowbrook 2nd to the Consent Agenda. Remove from Consent Agenda for discussion Items 23, Establish 1997 Park Commission Per Diem; 24, Establish 1997 Planning and Zoning Per Diem¡ 25, Establish 1997 Mayor and City Council Annual Salary; and 27, Planning intern Stipend. MOTION by Kunza, Seconded by Knight, to agenda as amended. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. Mr. Fursman asked that Item 22a, Approve Hiring of Receptionist/ Secretary be added to the Agenda. MOTION by Kunza, Seconded by Orttel, to so move. Motion carried on a 4- Yes, 1-Absent (Dehn) vote. CONSENT AGENDA Item 11 Order Plans and Specs/IP97-1/Trunk Watermain/Andover Boulevard NW (See Resolution ROll-97) Item 12 Order Feasibility Report/IP97-2/Bunker Lake Boulevard NW Service Road/Site Grading/Streets and utilities (See Resolution R012-97) Item 13 Order Feasibility Report/IP97-12/Well il7/Shadowbrook 2nd Addition (See Resolution R013-97) Item 14 Order Feasibility Report/IP97-13/Water Storage Facility/Shadowbrook 2nd Addition (See Resolution R014- 97) Item 26 Approve Kennel License Renewal/Hobnail Dalmatians Item 28 Approve Feasibility Report/IP96-30/Timber Oaks Estates (See Resolution R01S-97) Item 29 Accept Petition/Order Feasibility Report/IP97-7/Crown Pointe East 2nd Addition (See Resolution R016-97) Item 30 Approve Change Order il1/IP94-33B/Commercial Boulevard/Contamination and Debris Removal (See Resolution R017-97) Item 31 Approve Change Order (Balancing)/IP93-17/Crown Pointe (See Resolution ROI8-97) --- ~- --------- - --. --- -- : [D Regular Andover City Council Meeting Minutes - January 21, 1997 Page 3 (Consent Agenda, Continued) Item 32 Approve Final Payment/IP93-17/Crown Pointe (See Resolution R019-97) Item 33 Order Plans and Specs/IP97-3/1997 Cracksealing (See Resolution R020-97) Item 34 Order Plans and Specs/IP97-4/1997 Sealcoating (See Resolution R021-97) Item 35 Order Plans and Specs/IP97-11/1997 Miscellaneous Concrete Curb and Gutter (See Resolution R022-97) 'Item 36 Approve Quote/IP94-33/Exploratory Excavation/Commercial Boulevard Item 37 Fire Department Retirement/Appreciation Dinner Item 38 Fire Department Fourth Quarter 1996 Emergency Response Totals . MOTION by Knight, Seconded by Orttel, approval of the Consent Agenda. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. APPROVAL OF MINUTES December 30, 1996, Special Meeting: Correct as written. January 7, 1997, Regular Meeting: Correct as written. January 7, 1997, EDA Meeting: Correct as written. There was no quorum to vote on the December 30 meeting. Those Minutes were tabled to the next regular meeting. MOTION by Knight, Seconded by Kunza, to approve both Minutes on January 7. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. PUBLIC HEARING: ORDINANCE 29/TREE PRESERVATION POLICY 7:40 p.m. Mr. Erickson provided a brief history on the policy and the revisions over the last several months to come up with a workable policy which achieves the desire of the Ci ty to enhance and protect trees within the City. He also highlighted the three changes recommended via letter by two developers, which Staff has no problem with. Mayor McKelvey opened the hearing for public testimony. Jerrv Windschitl. Ashford Development - questioned the need for the ordinance. There is a Tree Preservation Ordinance in place now that most developers and homeowners understand. He felt that in the future there is the possibility of very strict interpretation of this ordinance. If it is simply a guideline, it is understandable. But it can become very difficult if the ordinance is strictly interpreted. In addition, he thought there was discussion on an exemption for agricultural purposes, but that is not in this ordinance. Finally, the ordinance will be applied to home owners as well as developers. He felt the existing ordinance is more understandable. There was a sincere effort to make this ordinance clear, but it is an incredibly complicated subject to enforce against the individual residents. -- .. -.-. _.-- : ID Regular Andover City Council Meeting Minutes - January 21, 1997 Page 4 (Public Hearing: Ordinance 29/Tree Preservation Policy, Continued) Charlie Veiman. 13646 Crooked Lake Boulevard - stated three or four years ago he received a letter from the City reprimanding him for the tall grass on his property and that he either mow it or the City would do so. He explained there were hundreds of small oak trees growing in that area which he was nurturing to eventually provide a buffer to Bunker Lake Boulevard. He had to mow the area, which resulted in the loss of about 100 trees in the process. He didn't see anything in the ordinance pertaining to existing homeowners who would like to start growing trees on their property. That provision should be put in the ordinance. MOTION by Kunza, Seconded by Orttel, to close the public hearing. Motion carried on a 4-Yes, I-Absent (Dehn) vote. 7:54 p.m. Councilmember Orttel stated there is no provision weighing the mature oak trees against the softwood trees; all are treated the same. The ordinance doesn't say what is to be put in a plan submitted on a lot where a new home is to be built. Wi th all of the requirements, there would be a need for an additional Staff person, which he opposes. He stated the individual home owner will do everything possible to save trees, and so will most developers because trees add greater value to their lots. Because there is no incentive for either the homeowner or the developer to take out trees, he questioned the need for the ordinance. He also worries about the cost of enforcing this. Councilmember Knight stated he has had misgivings about the ordinance since the beginning. He felt this has the potential of being incredibly bureaucratic and is very intrusive. He didn't know if the government has any right over planting or taking out trees on his property. There is also the question of whether this is able to be policed. No one he knows of would intentionally clear-cut property. Education is an important component, and he'd like to see that the City does provide the education needed for the residents. Mayor McKelvey stated he felt this ordinance wasn't needed from the start. They found that the change was needed in the City's requirement for grading plans. Since that has been resolved with custom grading, he felt there will be many more trees saved during development and that there is no need for this ordinance. He also agreed this will be bureaucratic and will almost immediately require a new employee to enforce it. Councilmember Kunza also agreed with the other Councilmembers and suggested the existing ordinance remain in place. The Council then noted Staff had been directed by the Council to develop this ordinance; but since that time, they have learned that most of the concerns that precipitated the push for the ordinance have been corrected through the grading requirements for plats. The Council took no action on the proposed ordinance, generally agreeing it is not needed, but acknowledged the need to continue to encourage tree plantings, tree protection and education for the residents. --- .__ _0.. ----- - ID Regular Andover City Council Meeting Minutes - January 21, 1997 Page '5 WINSLOW HILLS 2ND ADDITION/DISCUSSION CONTINUED/IP92-4 Mr. Erickson explained Winslow Hills Properties has submitted a letter indemnifying the City of Andover up to the amount of the refund against any claims by lot owners in the Winslow Hills Second Addition for a refund on the storm sewer assessments for that plat. The amount of that refund would be $15,312.11, which includes interest. Attorney Hawkins asked if the partnership is still in business and still has sufficient assets to cover any claims. Winslow Holasek - stated yes. Attorney Hawkins stated then he has no problem with the agreement. MOTION by Orttel, Seconded by Kunza, that the Council approve the assessment refund agreement with Winslow Holasek and Gary Gorham partnership subject to the indemnification agreement submitted by the same parties. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. LOT SPLIT/VARIANCE/SPURGIN, CONTINUED Mr. Hinzman provided the background on the request of Jill Spurgin, 17841 Bluebird Street~~ to split the southern 2.05 acres from a 4.2- acre lot to construct a new home. Variances are needed from the minimum lot size for both parcels and from the minimum lot width at the front setback for the southern parcel. There was Council discussion on the reasons given by the Planning Commission for recommending denial of the request. Councilmember Knight was concerned that there is no hardship. Jill Spurqin - stated she gave three examples in her letter where lot splits have been granted because the property owner was unable to purchase land from neighbors or due to the shape of the land. She didn't find any hardships granted based on the Attorney's definition. She did approach her neighbors and was unable to reach an agreement to purchase more land. Mr. Hinzman reviewed three previous requests where similar lot split/variances have been approved and the reasons stated for doing so. Attorney Hawkins also reviewed the definition of hardship having to do with the physical characteristics of the land and not for the economic benefit of the property owner. Ms. Spurqin - stated the reason for the variance to the with of the frontage has to do with the location of the house on the lot. There is enough frontage on the lot to meet the requirements for two lots; however, that would mean the lot line would have to gerrymander around the house. It is cleaner to have a straight lot line and vary from the front footage requirement. Ms. Spurgin's father stated the issue of a hardship was not raised until the public hearing. She had met with the several Staff members, and there was never an indication that such a hardship was needed. She spent $1,200 to have the surveying work done and to apply for the lot ----- -- ....- -.-- -. --- ID Regular Andover City Council Meeting Minutes - January 21, 1997 Page 6 (Lot Split/Variance//Spurgin, Continued) split, and she would not have done that if there was a possibility that it would not be approved. She is a single mother and cannot afford to spend money on something that will not get approved. Ms. Spurqin - stated she plans on living in the house on the new lot. The specific location of the house and septic system for the new lot has not yet been determined. She would review the options with the Building Department. Councilmember Orttel stated the City has allowed developers to construct to higher densities under a POD. Shouldn't the residents have the same right? On the average, the frontage is higher than the requirement but there is a shortage on acreage. MOTION by Knight to approve the Resolution as presented to deny the request. Motion dies for lack of a Second. OnTEh, Seconded by Kunza, that the Council direct Staff to MOTION by Km, g t, prepare a Resolution approving the Lot Split request of Jill Spurgin; note the hardship has to do with the configuration of the property and the location of the house that has existed on the site for approximately 24 years that will not allow the proposed common lot line of the new parcel to be moved to accommodate the 300-foot frontage, but that the lots would exceed 300 feet frontage on the average between the two lots. (See Resolution R023-97) DISCUSSION: Attorney Hawkins stated the variance criteria is whether there is a hardship due to the characteristic of the land and that the inability to divide the two lots denies Ms. Spurgin reasonable use of her land. Councilmember Orttel stated to some people any subdivision in the City might seem unreasonable. Motion carried on a 3-Yes, 1-No (Knight), 1-Absent (Dehn) vote. REQUEST FROM BEST AUTO PARTS Mr. Fursman explained the request from Harold Haluptzok to forgive all or a portion of the $40,000 in escrow for the cleanup of the Best Auto site. He argues he is not responsible for a number of the contaminants being discovered on the site. Mr. Fursman stated at the time the City purchased the property, the existing business was responsible for sizable amounts of contamination, but it is nearly impossible to differentiate between the relatively new and the old contamination. Attorney Hawkins stated according to the contract, Mr. Haluptzok is not entitled to the money he escrowed; as it was escrowed for the removal of hazardous waste on the site. That was also the cap of his liability for the clean up as well, no matter what it costs the City. Because the clean up costs are not yet known for that site, nor how much funding the City will receive from other sources, the Council did not feel any of the escrow funds should be forgiven at this time. Councilmember Orttel also asked for a copy of the contract with the provision relating to the escrow. -T ... --- .. --.._.~ ...~ .-.. . - -., - I ID Regular Andover City Council Meeting Minutes - January 21, 1997 Page 7 NON-CONFORMING HOME OCCUPATIONS Mr. Carlberg stated the Staff is looking for direction on this issue. The difficulty seems to be with requiring inspections for fire and building codes. If that language was removed from the ordinance, those inspections would not be done as a part of the review for the Special Use Permit application. Those would still be reviewed outside of that process. Mayor McKelvey stated requests were made for residents to serve on a committee to review the ordinance, but there were no applications. Councilmember Kunza stated Councilmember Dehn has requested this be tabled until the next meeting so she can participate in the discussions. The Council agreed. MOTION by Orttel, Seconded by Knight, to table this until the next meeting. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. TIMING OF URBAN DEVELOPMENT/RESPONSE TO ASHFORD DEVELOPMENT Mr. Carlberg reviewed his research regarding the concerns raised by Jerry Winds chit I , Ashford Development Corporation, on the processing of plats in the City. In reviewing the development process and timing of four plats reviewed in 1996, they found the timing of the process was very similar. It takes about six months from the sketch plan through the preliminary plat approval by the City Council. The table shows there is consistency and that developers are being treated the same in the timing of their projects. Jerrv Windschitl - did not agree with some of the things in the documents, but he would not respond any further until they get the rest of the records and their analysis has been completed. Mayor McKelvey stated he reviewed the issue with Staff and found that there was consistency in the way plats were treated within a variance of three to four days. The Council took no action on this matter. APPROVE REVISION TO DEVELOPMENT POLICY GUIDELINES There was a brief discussion on the clarification to Section 3, Subdivision A, 1, 2 and 3 . In addition, the policy is to include the development phasing chart which was worked out with the developers. That development schedule can be amended by the City Council at any time as they deem necessary. Mr. Carlberg explained the reference to Cambridge Capital for the development of 45 acres in 1999 is for the northern portion of Chesteron Commons. That property has been sold by Ashford Development to them. He did not have a contact person to find out whether or not they do plan to develop in that time period. Mayor McKelvey did not wish to include those 45 acres in the phasing unless he knows for sure that their proposal was indeed to develop in 1999. Mr. Windschitl, Ashford Development, stated he would provide Staff with the name, address and phone number of the new owners of that property. ID Regular Andover City Council Meeting Minutes - January 21, 1997 Page 8 (Approve Revision to Development Policy Guidelines, Con tinued) Councilmember Orttel questioned the meaning of Section 6, improvement ahead of schedule. Mr. Erickson stated Staff will review that section and bring it back to the Council. MOTION by Orttel, Seconded by Kunza, approval of the revision of the Development Policy Guidelines as presented. Motion carried on a 4-Yes, 1-Abs-ent (Dehn) vote. ORDER FEASIBILITY REPORT/IP97-9/SECTION 23 (CHESTERTON COMMONS/HAMILTON PROPERTY/TRUNK SANITARY SEWER AND WATERMAIN) Jerrv Windschitl. Ashford Development - suggested the feasibility report be enlarged to include Sophie Kozlowski's property as well. There should be some planning as to how that property will be served when it is ultimately developed. Mr. Erickson felt that should be looked at as a separate issue and placed as a separate item for review. MOTION by Knight, Seconded by Orttel, the Resolution ordering the preparation of a feasibility report as presented (See Resolution R024- 97) Motion carried on a 4-Yes, 1-Absent (Dehn) vote. ACCEPT PETITION/ORDER FEASIBILITY REPORT/IP97-8/CHESTERTON COMMONS Mr. Erickson stated the City has been petitioned by Ashford Development Corporation to install the improvements for Chesterton Commons, IP97-8. Typically the feasibility report is prepared after Council approval of the preliminary plat, which has not yet been done. He suggested the Council can approve the Resolution ordering the public hearing contingent upon approval of the preliminary plat or direct Staff to re- submit the request once the preliminary plat has been approved. MOTION by Knight, Seconded by Kunza, to direct Staff to re-submit this after the preliminary plat of Chesterton Commons has been approved. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. TIMBER RIVER ESTATES/REQUEST FROM WOODLAND DEVELOPMENT Mr. Erickson reviewed the request by Woodland Development Company to co- sponsor a Minnesota Department of Natural Resources Water Permit application to allow the placing of a road through a public water which could have potential impact on accessing the westerly part of the proposed Timber River Estates development. This basically puts the DNR on notice that the City is aware of the proposal. Woodland Development Company is aware that all costs associated with the permit application are their responsibility. Bvron Westlund. Woodland Development - stated the road has been placed as far north as possible to impose only minimal impact to the wetland. --- - - _0- _____ -~ --- ---- --------- -'I' Oo. --- ,.~-..~ ,-~ ._~. ~. II~ Regular Andover City Council Meeting Minutes - January 21, 1997 Page 9 (Timber River Estates/Request from Woodland Development, Continued) The road is on the south side of the power line, but it may encroach on part of the power line easement. They will work that out with the power company. They have talked with the property owners to the north but have not reached an agreement to purchase land or make an exchange to avoid going through the wetland. A mitigation plan has been prepared for DNR review. The DNR will not accept this application unless the City co-sponsors it. MOTION by Orttel, Seconded by Kunza, that the City of Andover co-sponsor the request for a street location proposed wetland crossing that has previously been approved by the Planning Commission, Staff and City Council in the sketch plan stage in the proposed Timber River Estates subdivision. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. ORDER FEASIBILITY REPORT/IP97-14/INTERSECTION IMPROVEMENTS OF PRAIRIE ROAD AND BUNKER LAKE BOULEVARD NW Mr. Erickson explained the proposed improvement would take place within existing easement. At this point they don't know how the plan will impact the county's plans for that area. Staff will be presenting this to the county and working with them. The proposal is to widen the intersection and to install another turn lane. MOTION by Knight, Seconded by Orttel, the Resolution ordering the feasibility report (See Resolution R02S-97) Motion carried on a 4-Yes, 1-Absent (Dehn) vote. DISCUSS DRAINAGE OPTIONS/IP95-14/CROOKED LAKE BOULEVARD NW Mr. Erickson explained the consulting engineer for this project, Maier Stewart and Associates, has identified four possible drainage solutions for the stormwater at the intersection of Crooked Lake Boulevard and Bunker Lake Boulevard. Staff is recommending Option 2, which would provide an outlet for the existing low area and will maintain the flood elevations to existing conditions. A pipe would be constructed from the ponding area behind the Orttel house to Coon Creek. The pipe would have a flapgate to ensure that when Coon Creek is at its 100-year flood elevation, water will not back up into the ponding area and flood the Orttel property. This option was discussed with Mr. Orttel, who did agree with the proposal. The report states the Orttel property would be benefitting by this improvement, so an assessment could be made against it. He did not think additional benefit would be provided other than to provide protection to the property. The pond will not be enlarged; only an overflow pipe installed outletting to the creek. Councilmember Orttel stepped to the audience and addressed the Council. If the overflow fails, his entire property would be flooded. He did not see a benefit to him by this proposal. Mr. Erickson has assured him this will work, though he still has a concern the spring waters coming onto his property would be over the 100-year flood. As proposed, the l~ Regular Andover City Council Meeting Minutes - January 21, 1997 Page 10 (Discuss Drainage Options/IP95-14/Crooked Lake Blvd., Continued) water would have to be very, very high before the overflow would work, to the point of his not being able to get into his garage. If Staff is recommending it, he will not dispute it and will give the necessary easements; but he doesn't like it. (Councilmember Orttel returned to his Council seat.) Councilmember Kunza noted water is over the road on Crooked Lake Boulevard at 134th Lane right now. Mr. Erickson stated many of the catch basins are frozen at this time. The problem at that intersection will be corrected with the Crooked Lake Boulevard improvement project. He also stated they will be working with the county to match their future plans for the upgrading of Bunker Lake Boulevard. When the county does do their project, any changes made at that intersection will be at the county's cost. The Council suggested that the issue of sidewalks be addressed at the public hearing for this project. MOTION by Knight, Seconded by Kunza, the Resolution receiving the feasibility report and calling for a public hearing, Project 95-14. (See Resolution R026-97) Motion carried on a 3-Yes, I-Present (Orttel), 1- Absent (Dehn) vote. APPROVE RESOLUTION FOR FINANCING/IP95-24/COON CREEK TRAIL Mr. Erickson explained the request is to approve the Resolution concurring with the partial funding of the proposed Coon Creek Trail through the Cooperative Trail Grant Program. The estimated cost of the proj ect is $250,000, and the DNR grant is for $50,000. The Park and Recreation Commission has not specifically designated the funding sources for the City's share of the costs. Sources may be from park dedication or TIF funds. They are looking to construction this spring. MOTION by McKelvey, Seconded by Orttel, the Resolution concurring with partial funding of the Bunker Hills Bikeway/Walkway Trail through the Cooperative Trail Grant Program. (See Resolution R027-97) DISCUSSION: The Council suggested a public hearing be held for those property owners bordering the proposed trail just to let them know of the proposal. Jerry Windschitl suggested the cost of the bridge crossing may be exorbitant and that Staff check with other cities where similar bridges have been constructed to get cost estimates. There was some hesitancy by the Council to make the commitment until the funding sources are determined. They then agreed to proceed with the paperwork, knowing the grant can be declined if there is some major problem. Motion carried on a 4-Yes, I-Absent (Dehn) vote. ORDER PLANS AND SPECS/IP94-30B/CITY HALL PARKING LOT CONSTRUCTION and ORDER PLANS AND SPECS/IP94-30C/CITY HALL PARKING LOT LIGHTING Mr. Erickson stated this was not a part of the estimated cost of the new City Hall. It is to be done with TIF funds. Councilmember Orttel stated in the past the Council has interviewed consulting engineering firms _ ___ h_ .0__ _._. ___~___ __ [~ Regular Andover City Council Meeting Minutes - January 21, 1997 Page 11 (Order Plans and Specs/IP94-30B and IP94-30C/City Hall Parking Lot Construction and Lighting, Continued) before they are asked to do any work in the City. In the future, he would prefer to know ahead of time about any new engineering firms being asked to do work for the City because it is a contractual relationship which should be approved before assigning projects. He would like to get some background information about the firm first. Mr. Erickson stated in the future the issue of contracting with a new consulting engineering firm can be brought to the Council as a separate agenda item. MOTION by Knight, Seconded by Kunza, both Resolutions for Items 18 and 19. (See Resolution R028-97 ordering plans and specifications/IP94- 30B/City Hall parking lot construction, and Resolution R029-97 ordering plans and specifications/IP94-30C/City Hall parking lot lighting) Motion carried on a 4-Yes, I-Absent (Dehn) vote. The Council recessed at this time to hold an HRA meeting, 9: 58; reconvened at 10:04 p.m. MONTHLY REPORT/SHERIFF'S DEPARTMENT Lieutenant Bruce Andersohn reviewed the activities of the Deputies and CSO in the City of Andover during 1996. The school liaison position is in place and has been filled by Sergeant Jim Bucsko. They have been working with the Andover Sno-Dragons Snowmobile Club, vigorously encouraging deputies to be aggressive with snowmobile enforcement. On January 11 the reserve unit conducted a saturation and made four arrest citations and gave eight warning tickets. The patrol division intends that licensed officers will be getting on the snowmobiles and doing patrols starting next week. He also noted that the Neighborhood Crime Watch is functioning with a number of meetings being held. They will be meeting with representatives from the school district to facilitate getting the information to the residents. Mr. Fursman asked for a summary report comparing data on the Department's activities in Andover for 1996 with previous years. Lieutenant Andersohn stated he would have that prepared, plus be sure everyone is receiving the monthly report. PLANNING AND ZONING COMMISSION APPOINTMENTS Applicants interviewed at a special meeting earlier in the evening were Mike Gamache, Keith (Jon) Hempel, Brian Barringer, and Don Jacobson. MOTION by Kunza, Seconded by Orttel, to nominate Mike Gamache for a three-year term to the Planning and Zoning Commission. Motion failed on a 2-Yes (Kunza, Orttel), 2-No (McKelvey, Knight), 1-Absent (Dehn) vote. MOTION by Knight to appoint Don Jacobson. Motion dies for lack of a Second. __.. ..__ -_0_- _ __~ _ __ ___ [~ Regular Andover City Council Meeting Minutes - January 21, 1997 Page 12 (Planning and Zoning Commission Appointments, Continued) MOTION by McKelvey to appoint Jon Hempel. Motion dies for lack of a Second. MOTION by Kunza, Seconded by Orttel, to appoint Mike Gamache. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. MOTION by Orttel, Seconded by Kunza, to appoint Randy Peek as Chairperson and Jay Squires as Acting Chairperson of the Planning Commission. Motion carried on a 4-Yes, l-Absent (Dehn) vote. SCHEDULE BOARD OF REVIEW Staff suggested Thursday, April 10, 1997, for the annual Board of Review. MOTION by Orttel, Seconded by Knight, to so move. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. APPOINT HIRING/RECEPTIONIST/SECRETARY MOTION by Orttel, Seconded by Kunza, that the Council authorize the hiring of Barbara Wells to the position of receptionist/secretary; one- half position to replace the recently retired receptionist. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. ESTABLISH 1997 PARK COMMISSION PER DIEM; ESTABLISH 1997 PLANNING AND ZONING PER DIEM and ESTABLISH 1997 MAYOR AND CITY COUNCIL ANNUAL SALARY Mr. Carlberg explained the ordinance requires the compensation be set by Resolution; however, the Finance Department has been unable to find resolutions establishing the per diem for those Commissions and the Mayor and Council. No increase in per diem is recommended. This is simply a housekeeping item. MOTION by Orttel, Seconded by Kunza, to approve Items 23, 24 and 25 with the correction to the titles, delete "Ordinance Sub-Committee" under the Park Commission and Planning and Zoning Commission Resolutions. (See Resolution R030-97 establishing the 1997 Park Commission per diem; Resolution R031-97 establishing the 1997 Planning and Zoning commission per diem and Resolution R033297 establishing the 1997 Mayor and City Council annual salary) Motion carried on a 4-Yes, 1-Absent (Dehn) vote. PLANNING INTERN STIPEND Councilmember Orttel asked if this was authorized. Mr. Carlberg explained the City was asked to participate in the program for a one- month internship. Staff is asking for compensation as a part of that [~I Regular Andover City Council Meeting Minutes - January 21, 1997 Page 13 (Planning Intern Stipend, Continued) internship. Councilmember Orttel stated during the time of internship, technically Ms. Osmundson is an employee. This should be brought to the Council ahead so the Council is aware of it. MOTION by Orttel, Seconded by Kunza, to approve Item 27 on the Consent Agenda (compensation at $6 an hour for LaD awn Osmundson from excess 1996 Planning Department funds). Motion carried on a 4-Yes, 1-Absent (Dehn) vote. MAYOR/COUNCIL INPUT Complaint letter on snowmobiles - Councilmember Orttel noted a letter received from a resident along 140th regarding snowmobilers not respecting their private property. He suggested that the Sheriff's Department be contacted and asked to watch that specific area more carefully. Information in newsletter - Councilmember Orttel reported a resident called him to complain that there is very little news in Andover's newsletter. The suggestion was to do something similar to what is done in the City of Ramsey. After some discussion, the Council suggested Staff look at ways to provide a synopsis of the City Council meetings. Mr. Fursman stated Staff will look at this further. Funding for hazardous waste cleanup - Mr. Fursman stated the City was denied both grants to clean up the contaminated soils in the Commercial Park. Staff is now working with the State representative who will offer legislation to get funding to provide the City relief in that contamination removal. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Kunza, approval of claims. Motion carried on a 4-Yes, 1-Absent (Dehn) vote. MOTION by Kunza, Seconded by Orttel, to adjourn. Motion carried on a 4- Yes, 1-Absent (Dehn) vote. The meeting adjourned at 10:40 p.m. "'~-- Respec tf, uUy SUbmi,tted'L "\ ' '~ '\ v\n,\( ,~~Ih (~\{-;'c <:_ Ma~ella A. Peach Recording Secretary -. -- ----------- -. ---