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HomeMy WebLinkAboutCC January 7, 1997 ,~ ,-, CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - January 7,1997, agenda Call to Order - 7:00 PM Bookmark Swearing in Ceremony Name Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes Organizational Items I. Approve Official Depositories & Banks deposit 2. Approve Official Newspaper news 3. Appoint Acting Mayor act 4. Appoint Standing Committees comm Discussion Items 5. Approve Snowmobile Trail Locations trail 6. Senior Housing Project/Adolfson & Peterson senior 7. Rezoning/Crown Pointe East 2/Ashford Development rezoning 8. Preliminary Plat/Crown Pointe East 2/Ashford Development pplat 9. Request from Ashford Development Corp. request EDA Meeting 10. Approve Official Depositories & Banks bank Reports of Staff. Committees. Commissions 11. Schedule InterviewsIPark & Recreation Commission prcomm 12. Planning & Zoning Appointments pz Non-Discussion Items 13. Amend Ord. #28/Non-Intoxicating Liquor ord28 14. Approve Sunday Liquor LicenseIPov's Sports Bar liquor 15. Accept Petition/Order Feasibility Report/97-5/Woodland Estates pet975 16. Accept Petition/Order Feasibility Report/97-6/Shadowbrook 2nd Addition pet976 17. Accept Petition/I 425 Andover Blvd. NW/Sewer & Water/94-6 pet946 18. Special Use PermitlRepair Garage/2384 - 136th Ave NW/Lee lee 19. Amended Special Use PermitlDetailing Operation/13476 Hanson Blvd. NW/Shoberg shoberg 20. Lot SplitlVariance/140 Andover Blvd. NWlMohlenkamp mohlencamp 21. Award Bid/Fumiture Contract furniture 22. Approve Hiring! Accountant I hiring Mayor-Council Input Payment of Claims Adjournment -. , f' .. . -~ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 7, 1997 TABLE OF CONTENTS SWEARING-IN CEREMONIES · · · · · 1 RESIDENT FORUM . . . · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · 2 CONSENT AGENDA Resolution ROOl-97 accepting petition/1425 Andover Boulevard/ Sewer and Water/IP94-6 · · · · · · · · · · 2 Resolution R002-97 approving Special Use Permit/Repair Garage/ 2384 136th Avenue/Lee · · · · · · · · · · 2 Resolution R003-97 approving amended Special Use permit/ Detailing Operation/13476 Hanson Boulevard/Shoberg · 2 Resolution R004-97 approving lot split/Variance/140 Andover Boulevard/Mohlenkamp · · · · · · · · · 2 Bid/Furniture Contract - Tabled to January 21 · · · · · · · 2 Resolution ROOS-97 requesting county to help with acquiring land south of the landfill · · · · · · 2 APPROVAL OF MINUTES . . · · · · · · · · · · · · 2 APPROVE OFFICIAL DEPOSITORIES AND BANKS Resolution R006-97 designating depositories · · 3 APPROVE OFFICIAL NEWSPAPER Motion to approve Anoka County Union as official newspaper/19973 APPOINT ACTING MAYOR Motion to appoint Mike Knight as Acting Mayor · · · · · · 3 APPOINT STANDING COMMITTEES Motion to approve recommendation for standing committees 3 APPROVE SNOWMOBILE TRAIL LOCATIONS · · · · 3 Motion to approve · · · · · · · · · · 4 SENIOR HOUSING PROJECT/ADOLFSON AND PETERSON · · · · · · 5 REZONING/CROWN POINTE EAST 2ND/ASHFORD DEVELOPMENT · · · · 6 Resolution R007-97 approving the rezoning · · · · 8 PRELIMINARY PLAT/CROWN POINTE EAST 2ND/ASHFORD DEVELOPMENT · · · 8 Resolution R008-97 approving preliminary plat · · · · · 9 REQUEST FROM ASHFORD DEVELOPMENT CORPORATION · · · · 9 COMPREHENSIVE PLAN TASK FORCE FORMATION Motion to authorize ads for membership · · · · 10 SCHEDULE INTERVIEWS/PARK AND RECREATION COMMISSION Motion reappointing O'Toole and Blackstad to Park Board · 10 Motion to appoint O'Toole Chairman, Grabowski Vice Chair 10 PLANNING AND ZONING APPOINTMENTS Motion to reappoint Luedtke · · · · · · · · · · · · 10 AMEND ORDINANCE 28/NON-INTOXICATING LIQUOR; SUNDAY LIQUOR LICENSE/ POV'S SPORTS BAR; PETITION/FEASIBILITY/IP97-S/WOODLAND ESTATES/ PETITION/FEASIBILITY/IP97-6/SHADOWBROOK 2ND Approve Ordinance Amendment 28E · · · · · · · · 11 Grant Sunday liquor license for Pov's Sports Bar · · · 11 Resolution R009-97 declaring adequacy of petition and ordering feasibility/IP97-5/Woodland Estates . . . . . . . . . . . 11 Resolution R010-97 declaring adequacy of petition and ordering feasibility/IP97-6/Shadowbrook 2nd Addition · · · · 11 HIRING/ACCOUNTANT I Motion to hire Michele Wenning · · · · · · · · 11 MAYOR/COUNCIL INPUT Snow removal budget · . . · · · · · · · · · 12 City Hall roof · · · · 12 APPROVAL OF CLAIMS . · · · · · 12 -- C?(J/ZfflX-« fld' {Tf CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - JANUARY 7, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on January 7, 1997, 7:00 p.m., at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Knight, Kunza, Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Assistant City Engineer, Todd Haas Finance Director, Jean McGann Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others SWEARING-IN CEREMONIES Attorney Hawkins performed the swearing-in ceremony for Mayor McKelvey and Councilmembers Knight and Orttel. RESIDENT FORUM Jerrv Windschitl. Ashford Development - requested Items 15 and 16 be pulled from the Consent Agenda for discussion. He also asked when his request for utilities for Crown Pointe East Second Addition will be on a Council agenda, as such requests normally follow the plat. Mr. Erickson stated it is scheduled for the next Council meeting. The Council also agreed to hold Items IS and 16 for discussion. Mr. Windschitl - stated pursuant to Council direction to him in December to petition in writing for a feasibility for a trunk feasibility report for Chesterton Commons, they researched for evidence that a similar request was made for Woodland Estates. There is none. The only thing they could find was a feasibility report initiated by Staff and the Council. He also noted he has a letter from his engineer discussing the timing of Chesterton Commons. The Council asked that it be presented when discussing Item 9. Dan Clouse. 1525 138th Lane. Hills of Bunker Lake - represented the homeowners in the neighborhood. At the December, 1996, meeting they presented a petition of 118 signatures opposing the development of a Bill's Superette on 138th and Hanson. Tonight he presented a petition to the Council with 80 more signatures, representing a total of about 200 taxpayers opposing the project. He begged the Council to take seriously their concerns of the negative impact of the development on their property values, and the traffic and environmental impact. He asked about the status of hiring an independent attorney. Mayor McKelvey stated four names have been selected and forwarded to the neighborhood's attorney. Once the attorney selections someone, they will proceed. - -. . ~. (T-I .~ Regular Andover City Council Meeting Minutes - January 7, 1997 Page 2 (Resident Forum, Continued) Mr. Clouse - asked the status of the land swap and the negotiations with Rademacher about that exchange of property. He also understood the Council will review the site plan on February 4. Will the City's Tree Preservation Policy apply to this development? Mayor McKelvey stated the City is petitioning the county to speed up the buying of the property south of the landfill. Until the City purchases that property, nothing else can be done. Mr. Erickson stated the proposal would have to be in conformance with existing policies. Charlie Veiman. 13646 Crooked Lake Boulevard NW - congratulated the Mayor and Councilmember Knight on their re-election and Councilmember Orttel to the Council. For the cable TV Council update, he proposed that the Mayor and Councilmembers rotate so a different person is doing it every time. The Council agreed. AGENDA APPROVAL Remove from Consent Agenda for discussion: Item 13, Amend Ordinance No. 28/Non-Intoxicating Liquor; Item 14, Approve Sunday Liquor License/Pov's Sports Bar¡ Item 15, Accept Petition/Order Feasibility Report/IP96- 5/Woodland Estates/ Item 16, Accept Petition/Order Feasibility Report/ IP96-6/Shadowbrook 2nd Addition; and Item 22, Approve Hiring/Accountant I. Add Item 9a, Comprehensive Task Force Formation, and Item 23, Request County to Help with Acquiring Land South of the Landfill. MOTION by Dehn, Seconded by Knight, approval as presented with changes. Motion carried unanimously. CONSENT AGENDA Item 17 Accept petition/1425 Andover Boulevard NW/Sewer and Water/IP94-6 (See Resolution ROOl-97) Item 18 Special Use Permit/Repair Garage/2384 136th Avenue NW/Lee (See Resolution R002-97) Item 19 Amended Special Use Permit/Detailing Operation/13476 Hanson Boulevard NW/Shoberg (See Resolution R003-97) Item 20 Lot Split/Variance/140 Andover Boulevard NW/Mohlenkamp (See Resolution R004-97) Item 21 Award Bid/Furniture Contract - Tabled to January 21 Item 23 Request County to Help with Acquiring Land South of the Landfill (See Resolution R005-97) MOTION by Knight, Seconded by Dehn, approval. Motion carried unanimously. APPROVAL OF MINUTES December 17, 1996, Regular Meeting: Pg 10, under Feasibility for Well #6, second sentence, correct to: "Because of the historic significance of the site, Staff asked the Council to consider the possibility of designing the well house architecturally to resemble the old school house." --- ~-- -..-- _._~ - - ----- C' ~ ~- Regular Andover City Council Meeting Minutes - January 7, 1997 Page 3 (Agenda Approval, Continued) December 17, 1996, EDA Meeting: Correct as written. December 17, 1996, Special Meeting: Correct as written. MOTION by Knight, Seconded by Dehn, approval of all three sets of Minutes for December 17 with the change. Motion carried on a 3-Yes, 2- Present (Kunza, Orttel) vote. APPROVE OFFICIAL DEPOSITORIES AND BANKS MOTION by Knight, Seconded by Orttel, the Resolution as presented designating the depositories. (See Resolution ROO6-97) Motion carried unanimously. APPROVE OFFICIAL NEWSPAPER MOTION by Orttel, Seconded by Knight to so move (designating the Anoka County Union as the City's official newspaper for 1997). Motion carried unanimously. APPOINT ACTING MAYOR MOTION by McKelvey, Seconded by Kunza, to appoint the senior member of the Council as Acting Mayor, Mike Knight. Motion carried on a 4-Yes, 1- Present (Knight) vote. APPOINT STANDING COMMITTEES Mayor McKelvey recommended the following appointments: Road Committee - Orttel (Chair), Dehn; Economic Development Committee - McKelvey (Chair), Orttel; Public Safety Committee - Kunza (Chair) , Knight; Personnel Committee - McKelvey (Chair) , Kunza¡ Environmental Committee - Knight (Chair) , Dehn. MOTION by Dehn, Seconded by Knight, approve the Standing Committee appointments. Motion carried unanimously. APPROVE SNOWMOBILE TRAIL LOCATIONS Mr. Haas reviewed the proposal by the Andover Sno-Dragons Snowmobile Club for a trail system through the Round Lake Boat Access, a City park on the east side of the lake, through Kelsey-Round Lake Park and through Pleasant Oaks Park. The Park Commission recommended approval, although there are some concerns that Kelsey-Round Lake Park is a passive park and a potential conflict with cross country ski trails. There is also the potential of snowmobiles wandering off designated trails to ride the open fields where seedlings are planted and studded tracks causing damage to that portion of the trail which is blacktopped. Also, the --.- .. ' '-- 0__ - ._._ . _.a. '-, t.' Regular Andover City Council Meeting Minutes - January 7, 1997 Page 4 (Approve Snowmobile Trail Locations, Continued) residents along 151st Avenue may object to all the snowmobile traffic channeled down their street. Staff is proposing an option of traveling along the boulevards of Round Lake Boulevard to lS7th Avenue, then west to Seventh Avenue. The Park Ordinance does allow the City to designate snowmobile trails through the parks. John Campbell. Andover Sno-Draqons Snowmobile Club, stated they are proposing to work with the Parks Department by walking through the parks and designated the trail to avoid the potential problems mentioned by Mr. Haas. Because of the steep banks and lack of shoulders along Round Lake Boulevard, he did not feel Staff's option would be feasible. Their proposal is a straight shot across Round Lake and through the park to stay away from the houses. Snowmobiles are riding there now, and they would channel them to a specified trail. Their club has invested $1,500 in official park signs that snowmobilers will follow, plus color-coded laths. By designating the trails, the law states the City would not be held liable for any accidents. Because of the amount of snow, he did not think the studs on blacktop will be a problem. They are asking for an opportunity to designate the trails for one year to see how it goes. They are aware of the cross country ski trails, though may skiers use the snowmobile trails as a path because the ski trails are not groomed. They will be installing snow fence through the park to provide a corridor and so snowmobiles will not run around the park. They would also provide a corridor through Pleasant Oaks park where they already have permission from the adjacent houses. That park does access the lake directly. They have a 4x8-foot sign noting the 15 mph, a map of the trail through the City, and other information. Commissioner Dehn suggested the hours of operation be added to the sign. Mr. Haas stated there are hundreds of seedlings of varying sizes planted in Kelsey-Round Lake Park. Staff would have to go out there to locate them because they are under the snow. The Council was concerned with the impact on the families along lSlst. The suggestion was to personally contact each one to inform each of this proposal and to give them a phone number they can call if there are problems. Kevin Doucette. Andover Sno-Draqons Club, stated that may also be a good area for the Anoka Sheriff's Department to patrol to enforce the ordinances. He noted the Sheriff's Department is starting to work more on the snowmobile violations and the word is getting out that tickets are being issued. Hopefully the people will change and will abide by the laws. He also related efforts to tape areas to keep snowmobilers out, and that has worked. The Council was concerned with the tree plantings in Kelsey-Round Lake Park, suggesting they be clearly marked as plantings. Mr. Haas stated Public Works could look into that. MOTION by Orttel, Seconded by Dehn, that the Council approve the snowmobile trail locations as proposed with the condition that the Staff work to assure proper signage, the route through the Kelsey-Round Lake Park, the boat landing site and Pleasant Oaks park route as proposed in the drawing with the elimination of lS7th Avenue. Subject to a one-year _ .. ~L.__.___ __.___ __ ('. ~. -' Regular Andover City Council Meeting Minutes - January 7, 1997 Page 5 (Approve Snowmobile Trail Locations, Con tinued) review. DISCUSSION: Mr. Campbell agreed to contact the residents along lSlst. Mr. Windschitl asked if the trail goes through a sensitive area of Kelsey-Round Lake Park which was not to be disturbed. He did not object to the trail as long as it doesn't go through that area, and it appears that it does not. He also felt this would not be a problem if used by Andover residents. There may be a problem if it is publicized and snowmobilers from outside the City start using it. Motion carried unanimously. SENIOR HOUSING PROJECT/ADOLFSON AND PETERSON Mr. Carlberg reviewed the concept plan and proposal of Adolfson and Peterson in conjunction with Presbyterian Homes of Minnesota to develop a senior housing project on the Round Barn site on Bunker Lake Boulevard. Scott White. Adolfson and Peterson - reviewed two new proposals which leaves the five single family lots and minimizes the traffic on Marigold. Their preference is to direct the traffic onto Quay, not directly onto Bunker Lake Boulevard. The congregate site is shifted to the south so there is a greater distance from the existing residential homes to the north. The 80-unit congregate building has been shortened and lowered to two stores on either end and left as three stories in the middle. The intent is to preserve the barn, but they do not know what it will be used for. Councilmember Dehn suggested a theater or play house. Kent Simon. Architectural firm of Miller Hanson Westerbect Berqer. Inc. - reviewed a display comparing the heights of the typical residential building on 138th, the proposed congregate building and the existing Round Barn. They also plan to make the buildings architecturally compatible to the neighborhood. All traffic would be on the back of the site from Quay with parking under ground, one parking lot for each unit. The proposal is also to have a gravel parking lot around the barn to accommodate compatible activities such as a farmers' market. Now it is an antique shop. The trails and ponding is intended to be used by the neighborhood as well, possibly having an ice skating rink in the winter. All existing buildings on the site would be removed with the exception of the barn. The Council thought a gravel parking lot might be a problem because of the ordinance regulation. Mr. Simon - noted the area will have to be rezoned. Mr. Carlberg thought the rezoning would be to an M-2 designation under a POD to get the needed density. An amendment to the Comprehensive Plan would also be required. John Meiker. Presbyterian Homes - stated the intent is to keep the rates affordable for the units. All units would be rented. They hope to be able to use TIF financing and potentially involve the county to get financing for the property. There are many options available in terms of financing packages with the City and the county. ------ -. C:I Regular Andover City Council Meeting Minutes - January 7, 1997 Page 6 . (Senior Housing Project/Adolfson and Peterson, Continued) Mr. White - stated the intent is the entire site would be under the auspices of Presbyterian Homes and would be considered tax exempt. Mayor McKelvey questioned whether the Round Barn can be included since there is a business operating in it. Councilmember Knight questioned the advantage to the City if a prime tax area of the City is takwn off the tax rolls. Mr. Meiker stated that would depend on the financing program. In previous programs with the county, usually a percentage of the net cash flow after operation costs goes back as the lease payment to the county. Councilmember Orttel felt it is a real benefit to the community, plus there is a need. It is zoùed residential, and he felt it would be difficult to develop the site as residential because of the proximity to the busy street and commercial area and because of the unique building on the site. Residential development would destroy the atmosphere of the area. He didn't see the City giving up much because of the difficulty in developing this site. Mr. White - noted some of the other options they considered and the high costs of constructing this proposal. He asked for Council approval of the preliminary concept and to meet with them and county representatives to discuss financing proposals. At first they were considering a phased project; but because of the demand, but are now looking at doing the entire project in one year. They want to talk with the neighbors before requesting a rezoning. They have not been able to get an answer on how this project would affect the property values of neighboring residents. It is their belief that the proposal fits into the community and will be an asset. Councilmember Orttel stated because of the type of landscaping and maintenance, it would probably improve the area. The Council generally approved of the concept and suggested the developers meet with the neighboring residents to discuss the changes from the last proposal. They also suggested the developers talk to the county about available financing and that the City should also look at the options available through Tax Increment Financing. Mr. Fursman stated Staff can look at the options and develop three or four proposals for the Council and developers to consider. REZONING/CROWN POINTE EAST 2ND/ASHFORD DEVELOPMENT Mr. Hinzman reviewed the rezoning request of Ashford Development Corporation to rezone 31.67 acres to be known as Crown Pointe East 2nd Addition from R-1, Single Family Rural, to R-4, Single Family Urban. The Planning and Zoning commission recommended approval. Mayor McKelvey stated he agreed with the proposal, but he was concerned with setting a precedent of approving this for 1997 development after the December 31 deadline per the City's development policy. He would be willing to approve this one because it has already gone through all of the hearings, but then on what basis would any other request after the December 31 deadline be rejected? -. ' --- _.- -- -- ~~. ., .. ..---.._-_...~,-- . --~. (~I Regular Andover City Council Meeting Minutes - January 7, 1997 Page 7 (Rezoning/Crown Pointe East 2nd/Ashford Development, Continued) There was a very lengthy discussion on the policy of the December 31 deadline, when and why it was instituted, the agreement by developers and the City on what properties would develop in each year, the reasons Chesterton Commons was moved to 1998 and Woodland Estates was allowed to develop entirely 1997. Councilmember Orttel argued it is an arbitrary deadline since the Council held a special meeting the last working day of the year to approve another plat. Also, the Staff knows exactly what plats are coming in a year in advance. This is only a rezoning. The real issue is when the City will provide utilities to the property. He disagreed with the rule. Jerrv Windschitl. Ashford Development - stated Crown pointe 2nd has been through the review process, but the Staff's and Council's position is that it doesn't comply with the development policy deadline so utilities would not be received in 1997. He argued if that is the position, then no plats can be developed in 1997 because Shadowbrook and Woodland Estates did not meet the criteria either. Their requests for utilities were not approved prior to December 31, as they are on tonight's agenda. He presented copies of the policy to the Council and read Section 3a1 and 3a2, expressing frustration at the way his plats are being treated compared to others. Possibly the policy should be revised, but as written, he argued no plats have met all the requirements of the policy deadline. He also noted the differences in the way he is treated compared to other developers, citing the example of issuing building permits. At the December 17, 1996, meeting, the Council allowed Shadowbrook additional building permits even though the blacktop was not yet in, which he felt was the right decision. But then why was he held up on two plats this summer? Also, he and his engineer were under the impression that Staff was requiring the plat of Chesterton Commons to come in with phasings. That has created difficulties in their development proposal and that is the reason the plat was not submitted earlier. It would have been much simpler to plat without the phase lines. Yet Woodland Estates did not have phase lines on their plat. They did have the Chesterton Commons plat submitted on December 2, 1996. Mr. Erickson stated they do not require phase lines on plats. Woodland Estates was to be developed in two phases and Chesterton Commons in three phases, but phase boundaries are never required on preliminary plats. Staff needs to know where the phasing will be, but it is not part of the preliminary plat. Mr. Carlberg also reviewed the reason for the 30-day Staff review once a plat is submitted. Attorney Hawkins stated the policy deadlines must be applied uniformly to all developers. If that deadline is waived for one, it must be waived for all because the policy does not allow for variances. From the issues raised by Mr. Windschtil tonight, there appears to be a conflict between the deadlines of December 31 and the last regular Council meeting of the month. He suggested some revision is needed. He sees too many contractions to try to enforce the policy as written. Possibly a moratorium should be placed to stop urban development until it can be rewritten, though the only other plat the City is anticipating for development in 1997 is Chesterton Commons. -- -- ---- -....--.-- -~ --- c~, Regular Andover City Council Meeting Minutes - January 7, 1997 Page 8 (Rezoning/Crown Pointe East 2nd/Ashford Development, Con tinued) Mayor McKelvey noted that if the first phase Chesterton Commons is developed in 1997, it adds only 25 extra acres of urban development than what was originally proposed, and it can be anticipated only half of the developed lots would be built upon in 1997. Winslow Holasek - asked if the policy is no longer in effect, can anyone come in with a plat for development in 1997 even if they are not listed in the 1997 developed plan? After discussion, the Council agreed that the December, 1996, deadline for development in 1997 is not enforceable because of the conflict in wording. Therefore, those urban plats that are in progress and were agreed to by the City and the developers will be allowed to develop in 1997. Those include Shadowbrook, Woodland Estates, Crown Pointe East 2nd Addition and Chesterton Commons and amounts to about 25 extra acres. The remainder of the schedule for urban development would remain in place, as the City still has the ability to control the number of acres it allows in the MUSA each year. Staff agreed to work with the Attorney on a revision of the policy in Section 3 and to bring it back to the next regular Council meeting. MOTION by Knight, Seconded by Dehn, the rezoning as presented. (See Resolution R007-97) Motion carried unanimously. PRELIMINARY PLAT/CROWN POINTE EAST 2ND/ASHFORD DEVELOPMENT Mr. Carlberg reviewed the proposed preliminary plat for Crown pointe East 2nd Addition which consists of 70 single family residential lots. Two variances are being proposed: a variance from Ordinance 10, Section 9.02C for the existing driveway onto prairie Road; a variance from Ordinance 8, Section 6.02 for a 9.7-foot variance from the 2S-foot setback onto Prairie Road. The Planning commission did not recommend the variance for the driveway. A 440-square-foot garage will be required to be constructed for the existing home. There were discussions about a trail system through the plat, but the Planning Commission and Park and Recreation Commission both recommended none be required. The trail plan calls for a trail along the east side of prairie Road. The land along the creek is low and would not be conducive to a trail system. Councilmember Orttel stated there is a concern by the residents that parks are not being developed in these plats. It is a long ways to go to the nearest parks for the smaller children. He and Councilmember Dehn felt that concern should be forwarded to the Park Board and that more consideration be given to some small parks to accommodate the younger children in these urban neighborhoods. Jerrv Windschitl. Ashford Development - stated there is a large park being developed in the Hills of Bunker Lake 5th, plus the regional park of Prairie Knoll to the north. The trail system comes from the Hills of Bunker Lake 5th up the railroad tracks to the creek. He also noted Mr. Chapman's desire to maintain his driveway onto Prairie Road which meets the distance requirements, and he questioned Item 6 in the proposed -, - ___ _.·-_0_- - ---- (') Regular Andover City Council Meeting Minutes - January 7, 1997 Page 9 (Preliminary Plat/Crown pointe East 2nd/Ashford Development, Continued) resolution, "Contingent upon final review and approval of the preliminary plat, grading, drainage and erosion control plan and tree protection plan by the Andover Review Committee." Mr. Erickson stated that item has been placed in recent plat approvals to provide some flexibility to make minor changes as required. councilmember art tel also questioned the ability of the plat to be changed once it is approved by the Council. Attorney Hawkins felt that language needs to be changed to be more specific on the type of things that can still be reviewed. Alan Chapman - stated currently they have two driveways. The house was built in the 1800s. The variance is to allow them to construct an attached garage, which fits best on the south side of the house because of the roof line, the deck across the back and the layout of the house. A detached garage would not fit in with the neighborhood. There are eight other driveays onto prairie Road, so keeping the one he has would not be significant in terms of safety. He will have a turnaround on his property so cars will not have to back out onto prairie Road. It is not a heavily traveled road with a speed limit of only 35 mph. Mr. Carlberg stated the driveway would be 60 feet from the intersection, which meets the setback requirements. Mayor McKelvey suggested the driveway be allowed with a provision that if the house is destroyed or if it is sold, the driveway would be changed to come out onto 142nd. Also, a curb cut would be provided for that driveway at this time. Councilmember Dehn suggested the garage face south so it can come jn off 142nd in the future. MOTION by Knight, Seconded by Dehn, to approve the Resolution, that the variance be allowed to place the attached garage on the house if he chooses; delete Item 6 and replace it with a contingency that a curb cut be put in on 142nd but the driveway left on Prairie Road if the existing driveway is relocated to meet the 60 feet; that a turnaround be constructed so they don't back out onto Prairie Road. (See Resolution R008-97) Motion carried unanimously. REQUEST FROM ASHFORD DEVELOPMENT CORPORATION Jerrv Windschitl. Ashford Development Corporation - presented a letter to the Council dated January 7, 1997, from his engineer, Peter R. Raatikka, PE, Hakanson Anderson Assoc., Inc. comparing the City' 8 responses to the Woodland Estates plat and to Chesterton Commons. Mr. Raatikka was the engineer for both plats. Mr. Windschitl stated he is attempting to obtain some sense of fairness and be treated on the same time basis as other developments processed in the City. Ashford Development is willing to pay to have someone from the Council look at the comparisons, as he felt the differences are obvious. The plat of Chesterton Commons has been a great deal of frustration to them. They have been working hard to get the plat ready for a public hearing on January 14 and was frustrated that on Christmas Eve his engineer received a punch list on the plat by mail. If his office had simply been notified by the City, they would have picked up the list and saved -- -_.- -... -.--- -. - -- .- --- C:I Regular Andover City Council Meeting Minutes - January 7, 1997 Page 10 (Request from Ashford Development Corporation, Continued) two or three days. When everything was ready and they tried to get it on the January 14 agenda, Staff said it was too late for publishing. When they subsequently found they could get it published, he stated Staff still said it couldn't be on that agenda. So they now have to wait another two weeks. The Council felt the issues raised need some review. Mayor McKelvey stated he would look at the files with Staff and Mr. Fursman. The Council and Mr. Windschitl agreed. COMPREHENSIVE PLAN TASK FORCE FORMATION Mr. Hinzman explained the need to update the City's Comprehensive Plan. It was drafted in 1991 but was not approved by the Metropolitan Council until 1995. He asked for direction in setting up a task force to update the Plan. Council discussion noted the last task force consisted of two Planning Commission members and representatives from the community, the Park Board and the Council. They suggested Staff contact those who were on the last task force and to advertise for interested residents to serve. MOTION by Orttel, Seconded by Dehn, that Staff be authorized to advertise for members of the Comprehensive Plan Task Force. Motion carried unanimously. The Council recessed at 10:45 to hold an EDA meeting; reconvened at 10:46 p.m. SCHEDULE INTERVIEWS/PARK AND RECREATION COMMISSION MOTION by Knight, Seconded by Dehn, to reappoint David O'Toole and David Blackstad to 12/31/98 and to advertise for the remaining seat on the Commission. Motion carried unanimously. MOTION by Kunza, Seconded by Knight, to appoint David O'Toole chairman and Al Grabowski vice Chair of the Park and Recreation Commission. Motion carried unanimously. The Council agreed to interview for the vacant seat at a special meeting to be held just prior to the February 4, 1997, regular meeting. PLANNING AND ZONING APPOINTMENTS MOTION by Dehn, Seconded by Orttel, to reappointed Jeff Luedtke to the Planing and Zoning Commission. Motion carried unanimously. The Council agreed the applicants for the vacant posi tion should be interviewed. Those interviews were scheduled for a special meeting on January 21, 1997, 6 p.m. It was also agreed to appoint the Chairperson of the Commission at that time. - - -~---_.._-_._. . --~ --- ,- - (-", Regular Andover City Council Meeting Minutes - January 7, 1997 Page 11 AMEND ORDINANCE NO. 28/NON-INTOXICATING LIQUOR; APPROVE SUNDAY LIQUOR LICENSE/POV'S SPORTS BAR; ACCEPT PETITION/ORDER FEASIBILITY REPORT/IP97- 5/WOODLAND ESTATES; and ACCEPT PETITION/ORDER FEASIBILITY REPORT/IP97- 6/SHADOWBROOK 2ND ADDITION Councilmember Orttel recalled the intent when the liquor licenses were first allowed in the City was that they only be allowed for restaurants that served alcohol, with the majority of the revenue to be from the serving of food. That was to eliminate having bars in the City. Mayor McKelvey thought Pov's intends to serve food on Sundays starting at 10 a.m., with 35 to 40 percent of the business from the serving of food. councilmember Orttel thought it was to be at least 50 percent from food. He also assumed the City has never asked for an audit of the receipts from Pov's. Councilmember Dehn stated the ordinance does not deal with that issue. After further discussion, the Council agreed the request before them meets the requirements, but they felt that the ordinance should be revised to impose additional conditions relating to the percentage of revenue being generated from serving food. Staff was asked to research what other cities require. Mr. Carlberg stated they will research other cities and propose a revision to the ordinance for Council consideration. Because of the Council action in Item 7, Mr. Windschitl had no objection to the Council acting on Items 15 and 16. MOTION by Dehn, Seconded by Orttel, the Ordinance Amendment 28E as presented, plus Items 14, 15 and 16. (Grant Sunday Liquor License for Pov's Sports Bar; See Resolution R009-97 declaring adequacy of petition and ordering preparation of a feasibility report for utilities in IP97- 5, Woodland Estates; and Resolution R010-97 declaring adequacy of petition and ordering preparation of a feasibility report for utilities in IP97-6, Shadowbrook 2nd Addition) Motion carried unanimously. APPROVE HIRING/ACCOUNTANT I Councilmember Orttel did not recall the Council discussing this position as was agreed to in the initial budget meetings. The Council noted the additional staff was discussed at a meeting in November. Councilmember Orttel was concerned with the hiring practices in the City, specifically that the Council no longer interviews the candidates and that residents are not being hired. He wants to be involved in any further hiring in the City as well as involved with the selection process of applicants to be interviewed. He really believes the Council should be doing the interviewing of new hires and that priority should be given to Andover residents. Mayor McKelvey asked for a motion to approve the hiring of Michele Wenning for the position of Accountant I. MOTION by Dehn, Seconded by Kunza, to so move. Motion carried unanimously. . ---~---.- _..____0__ - --~ - -- ((I Regular Andover City Council Meeting Minutes - January 7, 1997 Page 12 MAYOR/COUNCIL INPUT Snow removal budget - Mr. Fursman stated the City stayed within the snow removal budget for 1996. The budget for 1997 covers both this winter and next fall, so it cannot be predicted yet how the budget will be impacted by the large amount of snowfall. Ci ty Hall roof - Mr. Fursman stated the roof on the existing City Hall is buckling under the weight of the ice and snow. It has broken some seams and there is water damage. It is an emergency situation. They are contacting contractors for quotes to remove the ice. APPROVAL OF CLAIMS MOTION by Dehn, Seconded by Kunza, to approve Claims as presented. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 11:20 p.m. Respectfull¥~ submi tted, yr~IJHcl~ ~~~\,:::L Marcella A. Peach Recording Secretary - -- --- - _... _.--- -~ --- -. --