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HomeMy WebLinkAboutCC March 18, 1997 lill: REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 18, 1997 TABLE OF CONTENTS RESIDENT FORUM · 1 AGENDA .Z\.PPROVAL 1 CONSENT AGENDA Resolution ROS2-97 approving Special Use Permit/Retail trade and service/Beberg & Skogman/13340 Hanson Blvd · . 1 Resolution R053-97 of intent to bond/Capital improvement 1 Resolution ROS4-97 approving final plat/Cherrywood Estates 1 Resolution R055-97 approving final plat/Woodland Estates 1 Resolution RGS6-97 accepting feasibility report/IP97-S/Woodland Estates . . . · . . · . 1 Approve 1997 street sweeping quotes . · · · 1 Resolution ROS7-97 approving IP96-1/Kp.lsey Round Lake Park grant application · · - J. Resolution ROS8-97 accepting feasibility/order plans and specs/ IP97-14/Bunker Lake Blvd and Prairie Road Improvements 1 Resolution ROS9-97 accepting feasibility/IP97-7/Crown Pointe East 2nd Addition . · · · · · 2 Resolution R060-97 accepting feasibility/IP97-6/Shadowbrook 2nd2 Resolution R061-97 accepting petition/IP97-18/7S2 140th Lane 2 Approve ordinance summaY'Y/Ordinance No. 205 · 2 Adopt Ordinance 23E (To repeal Ordinance 23) · · 2 Adopt Ordinance 207 (Regulating the keeping of equines) 2 Adopt Ordinance 2-1F (To repeal Ordinance 24) · · 2 .1\.dcpt Ol'dind;1ce 2 Û 9 (Salaries of Mayor FL CounciJmembers) ... ~ Adopt Ordinance 211 (Abolishing position of City Clerk- Treasurer & creating positions of City Clerk & Treasurer) 2 Adopt Ordinance 26C (To repeal Ordinance 26) '.' ') · ¿ Adopt Ordinance 212 (Changing/renaming street names) 2 Adopt Ordinance 18A, 27A, 54A, 67A, 83A, 8-1A, 91A, 94A, 10SA, 11SA, and 116A . · · . · · 2 Authorize and approve bids/Interior painting at Fire Staticns #1 and #2 ... <. APPROVAL OF MINUTES . . · . · 2 AUTHORIZE 1997 GO SPECIAL ASSESSMENT BONDS Resolution R062-97 authorize sale of $3,120,000 in bonds 2 SET SALE/1997 GO SPECIAL ASSESSHENT BOND Motion to set April 15 to open bids -1 REZONING/HAMILTON PROPERTY Motion to approve the rezoning to SC 4 PRELIMINARY PI,AT /CHE:ôTERTON COw..l0NS 4 Resolution R063-97 for conditional approval · 6 PETITION/ORDER FEASIBILITY REPORT/IP97-8/CHESTERTON COMHONS Resolution R064-97 accepting petition & ordering feasibility 6 SPECIAL USE PERMIT/PUD/TIMBER RIVER ESTATES · . 7 . Resolution R06S-97 granting the Special Use Permit 8 PRELI!lINARY PI,AT /THmER RIVER ESTATES Resolution R066-97 approving preliminary plat 9 DISCUSS/ORDINANCE NO. 92/ADULT USES . · 9 ROLLING 11EADOWS ESTATES/GRADING/DRAINAGE/EROSION CONTROL PLAN · 10 Resolution R067 - 97 approving- revised pLm & variances 11 DISCUSS LETT2R/CROOKED LAKE AREA ASS0CIATION Motion for meeting to discuss parking regulations 11 .____._~_ 6_- _.______.__ - ~-- - ---- 1m Regular Andover City Council Meeting Minutes - March 18, 1.997 Table of Contents Page ii DISCUSS REMOVAL OF STOP SIGNS/YUKON STREET AND 140TH AVENUE Motion to notify property owners for public comment . 12 DISCUSS FINANCING/IP97-3 AND 97-4/CRACK SEALING & SEALCOATING 12 PLANS AND SPECS/IP9S-14/CROOKED LAKE BOULEVARD . 12 Resolution R068-97 approving plans and specs . 13 DISCUSS COUNCIL CHAMBER'S CEILING (table) . . . 13 CALL SPECIAL MEETINGS Meet with Park Board, April 8 . . . 13 Special meeting, 6: 15, April 15 13 REQUEST MOWING SERVICES Motion to renew contract of Jim Green's Well Groomed Lawns 13 REVIEW FINANCE OPTIONS FOR PUBLIC WORKS BUILDING/IP96-15 . 13 BIDS/REPAIRS TO FIRE DEPARTMENT CHEVROLET SUBURBAN Motion to authorize and approve request 14 GFOA CONFERENCE 14 APPROVAL OF CLAIMS . 14 MAYOR/COUNCIL INPUT . 14 ADJOURNMENT 14 .-----~- .__.~---.-~- --- -- - ---- tL(1J/ lill?i--C¿f ~ (/ ¡C¡P7 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - MARCH 18, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, March 18, 1997, 7:02 p.m., at 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 Finance Director, Jean McGann Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDEN1' FORUM Richard Heidelberqer. 2052 Bunker Lake Boulevard - stated this is his third appearance before the Council in an attempt to negotiate the sale of his property, which is being condemned on the grounds that he is unwilling to negotiate. He reviewed the events regarding negotiations with the City Attorney to this point, expressing frustration at the lack of progress. He now wants an answer on how much the City will pay him for that property. He didn't feel it is necessary for him to spend $110 an hour for an attorney to handle something that should be done in a business manner at a table. Attorney Hawkins disputed some of Mr. Heid~Überger' s statements, noting the City has since learned of the contaminates and debris on that property, which has a significant affect on the value of the property. Since then negotiations have broken down. Pam Blocker. qirlfriend of Mr. Heidelberqer pointed out at the December Council meeting it was noted that the site is a buildable lot even if the debris is left in the back of the lot. They are not disputing the environmental costs to clean up of the contaminates. The"' are disputing all the other clean up done in that area, including the charge for soil testing. She detailed the costs they should not be charged for, the 1 1(6-acre site at $0.82 per square foot, reimbursement for relocating cars from the site so the City could use it and the repair of a gate which was damaged by the City, for a total of $48,066. After further discussion, it was agreed that Mr. Heidelberger with legal representation, Attorney Hawkins and the Mayor will meet at City Hall on Tuesday. March 25, 1997, 10 o'clock, to negotiate a settlement. Roqer Zdon - addressed statements made by Councilmember Orttel at the March 4, 1997, City Council meeting relating to his desire not "to turn his neighborhood into a red light district." Mr. Zdon argued the people of Andover would like to see a quality restaurant in the City and asked for a clarification on Councilmember Orttel's position. Councilmember Orttel stated he didn't know anything about a quality restaurant coming ..- .'-' .~- ~ ,-_..------- lID Regular Andover City Council Meeting Minutes - March 18, 1997 Page 2 (Resident Forum, Continued] into the industrial area. His point was that if that area is filled with liquor bars, it will become another junkyard area in 30 years for another Council to clean up. He did not feel public funds should be used to subsidize bars nor should that area be all entertainment. Mayor McKelvey recalled the discussion at that meeting to negotiate a land swap of a parcel along Hanson Boulevard on which a medical clinic would be constructed for a parcel in the industrial center on which a Champs restaurant, bowling alley, movie theater and banquet hall would be proposed. The decision at that time was not to proceed "ith further negotiations. Winslow H9J.asek. 1159 Andov_er Boulevard - asked about the storm sewer for the city hall area. Mr. Erickson explained the proposal is for a storm pond with no outlet and of sufficient size for two lOO-year storms back-to-back. Mr. Holasek asked for an opportunity to present information to the Council on the storm sewer system which is of concern to him. Because of the full agenda thls evening, the Council agreed to add the item to the April 1, 1997, agenda. They asked for copies of Mr. Holasek's material prior to the meeting. AGENDA APPROVAL Remove Item 10, Appoint: Coon Creek Watershed District Me;nber, from the agenda until applicants can be interviewed. Remove Items 42, Authorize and Approve Bids/Repairs to ?ire Department Chevrolet Suburban, and 43, GFOA COI'.ference, from the Consent Agenda for discussion. MOTION by Dehn, Seconded by Kunza, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGEND." Item 21 Special Use Permit/Retail Trade and Service/Beberg & Skogrnan/13340 Hanson BoulevaJ:"d NW (See Resolution ROS2- 97) Item 22 Adopt Resolution/Intent to Bond/Capital Improvement Projects (See Resolution ROS3-97) Item 23 Approve final Plat/Cherrywood Estates (Timber Oaks Estates) (See Resolution R054-97) Item 24 Approve Final Plat/Woodland Estates (See Resolution ROSS-97) Item 25 Accept Feasibility Report/IP97-S/Woodland Estates (See Resolution R056-97) Item 26 Approve 1997 Street Sweeping Quotes Item 2'7 Þ.pprove Res"lution/IP96-1/Kelsey Round Lake Park Grant Application (See Resolution R057-97) Item 28 Accept Feasibility Report/Order Plans and Specs/IP97- 14/Bunker Lake Boul2vard and prairie Road Improvements (See Resolution R058-97ì ---.- ___ _._H~'___ - --- __ 0- ____ _ lID, Regular Andover City Council Meeting Minutes - March 18, 1997 Page 3 (Consent Agenda, Continued) Item 29 Accept Feasibility Report/IP97-7/Crown pointe East 2nd Addition (See Resolution ROS9-97) Item 30 Accept Feasibility Report/IP97-6/Shadowbrook 2nd Addition (See Resolution R060-97) Item 31 Accept Petition/IP97-18/752 140th Lane NW (See Resolution R061-97) Item 32 Approve Ordinance Summary/Ordinance No. 205 Item 33 Adopt Ordinance No. 23E (To Repeal Ordinance 23) Item 34 Adopt Ordinance No. 207 (Regulating the Keeping of Equines) Item 35 Adopt Ordinan~e No. 24F (To Repeal Ordinance 24) Item 36 Adopt ordinance No. 209 (Providing for Salaries of Mayor and Councilmembers) Item 37 Adopt Ordinance 211 (Abolishing Position of City Clerk- Treasurer and Creating positions of City Clerk and Treasurer) Item 38 Adopt Ordinance No. 26C (To Repeal Ordinance 26) Item 39 Adopt Ordinance No. 212 (Changing/Renaming Street Names) Item 40 Adopt Or'dindnce No. 18A, 271'., 54A, 671'., 831'., 841'., 9lA, 941'., 1051'., 115Þ..., and 116A Itf~m 41 Aut.horize and Approve Bids/Interior Painting at Fire Stations #1 and #2 MOTION by Dehn, Secor.ded by Kunza, approval of the Consent Agenda. Motion carried unanimcusly. APPROVAL OF MINUTES March 4, 1997, Regular Meeting: Correct. as written. March 4, 1997, HRA Meeting: Correct as written. MOTION by Knight, Seconded by Dehn, approval of the Minutes. Motion carried unanimously. AUTHORIZE 1997 G.O. SPECIAL ASSESSMENT BONVS Ms. McGann asked for Council authorization to issue a bond to cover the water and sewer trunk costs and devel:JflT.ent project costs for Shadowbrook and Crown Pointe. Trunk costs will be repaid through future assessments and connection fees collect.ed for the next five years. project costs will be repaid by the developers that own the property. Tom Trusinski, ,Juran & Moody, Inc. , reviewed the cash flow analysis for the bond. They are looking at a five-year bond with a very short call option. MOTION by Orttel, Secoeded by Knight, that the City Council authorize the sale of $3,120,000 in bonds. (See Resolution R062-97) Motion carried unanimously. 0-_. ____._ .. -~_.- --- --- ---- - ~--- I)' Regular Andover City Council Meeting Minutes - March 18, 1997 Page 4 SET SALE/1997 G.O. SPECIAL ASSESSMENT BOND MOTION by Orttel, Seconded by Knight, that the Council set the bid deadline for April 15, 1997, 11 o'clock a.m. for the opening of bids on the 1997 G. O. special assessment bond. Motion carried unanimously. REZONING/H~ILTON PROPERTY/CONTINUED MOTION by Knight, Seconded by Dehn, introducing the ordinance amending Ordinance No. 8, Section 6.03 as presented (from R-1, Single Family Rural to SC, Shopping Center) Hotion carried unanimously_ PRELIMINARY PLAT/CHESTERTON COMMONS/CONTINUED Mr. Carlberg reported Staff contacted the Minnesota Department of Natural Resourc~s regarding the natural communities issue of Dry Oak Savanna - barrens subtype on property within the proposed platted area. Staff found that this particular natural communities was not in the Chesterton Commons area but possibly on the Hamilton property to the south. There could be. however, the natural communi t.ies Dry prairie type 78 in the area ot Chesterton Commons plus some rare plant and animal species. H.ophi~ KotlovlGk:i" - st;:;t.eò there is nothing on that proper-ty_ Her folks fa:cmed it. There are .'-:':.)H0 of thOG8 things mentioned by rlr. Carlberg on that property. Winsl<Jw Holasek - stated his parents O\·;ned and farmed that property. It was a dairy farm \'Ii th typical farm crops. It has not been farmed the last few years, but it definitely was actively farmed when he was growing up. Mr. Carlberg recalled the developer had proposed that the Council approve the preliminary plat subj ect to the Comprehensive Plan amendment approval by the Metropolitan Council to rezone this to single family residential development. The developer had also asked to be allowed to grade the plat at. his own risk. Because the plat. was not approved at the March 4 meet.ing due to t.he question of the natural communities issues and t.he question of a need for an EAH, the developer has not agreed t.o table the r'ezoning request. So there is still a time element involved with the rezoning. Mr. Carlberg then addressed the other issues relating to the preliminar'y plat, including the extension of trunk watermain and sewer service to the property, the variance reque.3ts, and the lot remnants and out lots. Mr. Hamilton - stated he has not talked with the developer about providing an easement a.cross his property for water and sewer to this plat. Mrs. Hamilton stated they are willing to work with Mr. Windschitl, but they just. want to make sure they will be serviced. 0_- __ ~_ A___"_____O___ - ~ -- -, ·'I~ Regular Andover City Council Meetipg Minutes - March 18, 1997 Page 5 (Preliminary Plat/Chesterton Commops, Continued) Jerrv Windschitl. Ashford Development - stated there are two possible ways to service this parcel with utilities, and a feasibility study has been ordered which should address this issue. He thought the utilities were going to be coordinated to service all properties in that area, including Ms. Kotlowski' s to the north. Mr. Erickson stated the feasibility report is being prepared by TKDA, which will be on the April I agenda. Mr. Holasek - stated the storm drainage issue he raised during Resident Forum this evening has a direct bearing on these developments. He contended the feasibility report done by TKDA and the actual work done were not th'C 8ame. He sy.-rpatl".izsd with Mr. Ihndschitl and the Hamiltons because they have to provide for the IOO-year storm; and Ditch 37, which runs to the ~:etland, is driÜna.ge sensitive. He felt the best thing at this point would be to run the water down Hanson Boulevard to the c:r.eek. Council agreed '10 decision 0:1 the extension of utilities to t;he plat can be made until the feasibility report is presented. In reviewing the variances, Mr. Carlberg stated Staff understands that the lot remnants will be sold to Cambridge Capital. Since the March 4 meeting, the öeveloper has combined t.he outlots to thE' adjacent lots. If Lot 26, Block 3 ,;:'ld Lot ~l, Block <1 (Phase II) are cO!1sidered back·to- back lots, Staff does not have an issue with it. The developer is proposing to use ~! geotr;chnical engineer to all::;r¡¡ a separation of lesr: than three feet. [or th~ lo¡'Iest floor above Lhe seaf30nù.l high water: mark. Cuscom grading is being p~·oposed. The Planning and Zoning Commission recommended denial because the plat is inconsistent with the Comprehensi ve pla~l. The Park and Recreation Commission is r8commending Lot 1, Block G located in Phase II and a 3D-foot strip to the south in Phase I be accepted as park and the re'.1\aining balance be (:ash in lieu of land. They are not reco:nmending the acceptance of Outlot. A on phase 1':1 as park property. Mr. Erickson also stated Staff has prepared a listing of the remaining engineering items the.t must be addressed on the plat. Mr. Hindschi tJ. - explained t.here is a difference of opil1i..)n between the Coon Creek Hatershed Board and the City Council regarding to the outlots along the ditch. The Watershed Board does not want the lot lines to radial into the wetland property. They want to maintain high quality wetlands; but that can be eroded because property owners can go in them to garden, mow, seed, etc. The City Council wants those lot lines radiated through the \Vetland to avoid outlots. He suggested that difference of opinion ~e resolved between the two Boards, as it creates a dilemma fOI' th" developers. Ashland's intent was to donate the wetland to the DNR, but ehe DNR has not responded as to whether or not they can or will accept that property. If not, he will contact the conservation group to accept fee title. Mr. Hindschitl also stated they have submitted two versions of the plat. If the Council does not want to accept the property in ?hase III for park, the alternative proposal is to subdivide it into lot[;. He explained the variances arE; because of . __ __ __~_ _. _".. -_0--- __.. __ __ __ _~__ lID Regular Andover City Council Meeting Minutes - March 18, 1997 Page 6 (Preliminary Plat/Chesterton Commons, Con tinued) the wetland laws. If they are granted, they don't have to encroach the wetland. He questioned Item D, 3 "There could be additional lots upon further review, II as he thought all lots had already been reviewed for variances. Mr. Carlberg explained with the change to the street alignment, the buildability of some lots neads to be reviewed. Ms. Kotlowski - stated 50 years ago her dad dug the ditch. He wanted to go east, but the DNR wouldn't let him because of the lake. The 24 acres where ~he wetland is was once a lake. Councilmember Dehn stated that given the testimony of Ms. Kotlowski and Mr. Holasek that the property had been farmed and disturbed from its natural existence in prior years, that all EAW is not warranted. The other Councilmembers agreed. MOTION by Orttel. Seconded by Dehn, that the Council give conditional preli minary plat approval '.:0 Chesterton CO'11mons subj ect to geotechnical review of the soils information on the site; sub:i ect to Metropolitan Council approval of a Comprehensive Plan amendment relating to the rezoning of the property to single family residential; subject to the parks as recomnhanded by the Parks Commission; and allow the developer to begin grading the site at his own risk at this time; subject to the appraisal r0r detel:mining the park dedication fee; variances as included in the Staff report; Itf~m 1, D to be worked on with Staff; subject to approval of any outstanding engineering issues; subject to approval of any other governmental bodies that impact it. (See Resolution R063-97) Motion carried unanimously. Mr. Windschitl stated first thing tomorrm.¡ morning he will submit a letter to table the rezoning until the Comprehensive Plan amendment is acted upon by the Metropolitarr Council. ACCEPT PETITION/ORDER FEASIBILITY REPORT/IP97-8/CHESTERTON CO!~ONS Jerrv Windschitl, Ashford Development - stated because of the work load of TKDA, he is asking for another engineering firm to prepare this feasibility report. He does not want to encounter a delay. Mr. Erickson stated three other engineering firms have been used in the City on a trial basis. Council agreed to allow Staff choose an engineering firm that has already worked with the City and who can get it done in a timely fashion. MOTION by Knight, Seconded by Dehn, the Resolution as presented, except that Staff be allowed to choose another fir~ to do the study, limiting it to those who have aJ.ready worked in tbe City. (See Resolution R064- 97) Motion carried unanimously. . - . [} Regular Andover City Council Meeting Minutes - March 18, 1997 Page 7 SPECIAL USE PERMIT/PUD/TIMBER RIVER ESTATES Mr. Carlberg reviewed the request for a Special Use Permit of Woodland Development Corporation to develop a Planned Unit Development of 81 single family homes ranging in size from 1 acre to 8.85 acres. The property is being developed under the density zoning provisions of Ordinance No. S, Section 3.02. The trade off for the density increase are the improvement of the park with a ball field, playground equipment, shelters, fishing pier and trails throughout the development. They are also seeking a variance to the 150 x lS0-foot building pad, but they are meeting the requirements for a primary and secondary septic system. The Planning Commission had no interest in connecting the plat to the south, though access is a concern of the Fire Department. Bvron Westlund. Woodland Devé,loPtnent - stated a footprint of each lot indicate3 the buildable area. They have also purchased property to the north to avoid the DNR protected wetland with the road. No streets from this development will go south. Eventually there will be a third exit from the plat to the north. Councilmember Dehn understood the concern with accesses to platted areas; however, in this instance she did r.ot support the access to the south. That access would potentially disrupt the ambiance of the existing neighborhood. CouncilmeTf,ber Knight agreed. In discussing the proposed park on the river, Councilmember Orttel had a concern that there may be a problem wi th it becoming a party area because of its isolated location. A resident noted Ramsey closed its park dire·~tly ~c:roË;G f:~:om t~h:~_G one. plus the county park to the nort.h is rarely open. Another indicated that part of the park has been a radish field which floods. Potentially the whole par}: could be under water at some point. t1r. Westlund acknowledged the rear area of the park is in the flood plain. The Council noted the county is in the process of developing the park to the north. After some discussion it was also noted that there will be houses around the park, so hopefully it woulù not become a problem area. Mr. Westlund - then reviewed the storm water drainage proposed for the area, assuring everyone that this plat will reduce the rate at which water will leave the site. A resident asked if there will be restrictions regarding heat pumps which will add water to the system. Councilmember Orttel understood they are now looped and do not add water to the surface. Fire Chief Dan Winkel stated his position is in compliance with the Uniform Fire Code, which states that a second access should be provided to subdivisions in the event that a single road could be blocked for any reason. ¡\s proposed, it is about a 4,OOO-foot deadend road. If there is a problem along the front, they would not be able to get any trucks to the back of the development. Mr. Carlberg stated another issue is whether the outlots and the improvements around them must be considered as park dedication or whether they are :related to the density increase. .~--- .. .._.._.__u.__ ._... . ... [) Regular Andover ci ty Council Meeting Minutes - March 18, 1997 Page 8 (Special Use Permit/PUD/Tiwber River Estates, Continued) Mr. Westlund - stated they are proposing to dedicate the land for the park plus the outlots to the City. Outlot A is a retention pond, and they will be landscaping and providing trails around it. Outlot B will be an unimproved common area drainage system with a trail, observation blinds and nesting boxes. They are making about $100,000 worth of improvements to the parks. Chairperson Dave O'Toole. Park and Recreation Commission - explained the Commission was not familiar with the PUD ordinance, but they did not want to accept outlot areas for park dedication. Typically in an R-1 area they have accepted cash in lieu of land. The improved park is a benefit to the City and they feel the proposal is a good plan, but they do not want to accept outlots for parks and for maintenance purposes. Typically the trails being constructed rave been for the benefit of the entire ci ty. They feel the trai Is within this development will primari ly benefit the residents living there. t-'r. í~cstlund - s1cated t.he Comprehensive Plan does call for a park in this area, plus it was mentioned when neighboring properties were developed that park land would be taken on this property. He also argued that the Comprehensive Trails Plan shows trails up CoRd 7, which could connect intc.J the:'e trails and be used :Jy everyone. With the outlots atld park, the totê..J, park dedication "lOuld be almost 20 percent. The development is not set up as an association. Councilrnemner Orttel stated hc:; would rather-see the outlots owned by t.he residents in the aree. For all appearances, this is a very private area, so the t.rails would probably only be used by the people within the development:. Councilmember Dehn agreed, suggesting the out lots be a part of an association so there is pride of ownership within the neighborhood itself. Councilme"1ber Knight also agreed, not wantcing to set a precedent. for other PUDs of accepting outlots for park. Councilmember Orttel stated the value of the property being dedicated as park along the river is higher than the rest cf the parcel. He suggested the appraisal take that into consideration when determining the dollar amount of cash to be taken in lieu of land for the remaining 11+ acres for park dedication. The value of the river lot could be factored by maybe eight percent because it is along the river. Mr. Westlund stated that would be agreeable. MOTION by Dehn, Seconde'J. by Orttel, the Resolution granting the Special Use Permit request of Woodland Development Corporatic·n for a Planned Unit Development to develop single family rural residential lots/homes to be known as the subdivisIon TilT'.ber River Estates with caveats to include conditions that Outlots A and B will be landlord or property association owned and controlled; that the park dedication will be negotiated by Staff clnd Mr. Westlund in regard to the proper appraisal value of the park dedication fee and the remainder paid in the form of monetary dedication. Sixth WHEREAS, the base line density has been established at 81 lots... (See Resolution R06S-97) Motion carried unanimously. : UP Regular _lil1dover Ci ty Council Meeting Minutes - March 18, 1997 Page 9 PRE.LIMINARY PLAT/TIMBER RIVER ESTATES Councilmember Knight was concerned with the storm drainage. In talking with Mr. Westlund, he was assured that it would not be a problem. Several residents expressed concern with additional water draining to the south and affecting their subdivision, as they have had problems in the past. They want assurances that there will not be a problem and wanted to know who is liable if there is a problem. Bvron Westlund. Woodland Development - again went through the storm water drainage plan, indicating which direction the drainage will flow, the ponding, and the rates of flow during the 100-year event. They tried to change the drainage patterns so less acres will contribute to the ponding that goes south plus reduce t.he volume and rate of run off t.o the south. The plan has been agreed to by their engineering firm, the watershed engineers, the DNR and the City's engineer. The calculations are also based on the worst-case scenario. Erni e P.í9nnschmiçt:;; was involved in the water problem eight or ten years ago. They were proposed to be assessed for resolving the water problem but were not because it was found t.hat this property did not contribute to t.he prcblem. The "later came from the east and south cf this pl'operty. Ii resic\ent stated with 81 homes on this property 1 it could beco;ne õ. problem. ¡'¡'''YOI' McKelvey felt thõ.t with all of the engineers reviewing the proposed drainage plan, there must be some degree of confidence that the law is met whic:, states that no more water can flow eff th(-~ sis€ tha.n before -the development. MOTION by Orttel, Seconded by Dehn, the Resolution approving the preliminary plat of t.he Plarrned Unit. Development of Timber River Estates as being developed by Vloodland Development Corporation as prepared with the addit.ional condition 'c.hat it meet i111 the requirements of the Staff memo dated March 18, 1997, which includes TY~A's recommendations; and note that a geot.echnical engineer's report is to be approved by an independent engineer and reviewed by the City Engineer, and if there are no questions, it may be approved by the engineer or come back to the City Council. Park dedication will be as discussed by the City Council this evening. (See Resolution R066- 97) Motion carried unanimously. Council recessed at 9:45; reconvened at 9:55 p.m. DISCUSS/ORDINANCE NO. 92/ADULT USES Mr. Carlberg explained Staff has recently received a request about opening an adult novelty business in Andover. The ordinance would allow this as retail trade and service in the NB, SC and GB districts; and they are not required to be licensed. The City Attorney has also indicated t.hat a Supreme Court decision requires that cities have at least five percent of the community zoned to allow adult uses. Andover's total commercial area is about two percent of the City. Staff has prepared a draft ordinance 'similar to the City of Fridley which provides more detailed definitions and licensing of these businesses. _.~ _. ___ ___ _ .", -,___ __"_'_"'_'_L.._ _.... [) Regular Andover City Council Meeting Minutes - March 18, 1997 Page J 0 (Discuss/Ordinance No. 92/Adul t Uses, Continued) Attorney Hawkins advised that the court decision basically requires about five percent of the community to be available for these types of uses. It is a problem for cities that are basically residential. A suggestion would be to allow it in those areas already zoned commercial and deal with any challenge if one arises. In discussing the item, the Council suggested that the adult uses be allowed as a special use in the Industrial and General Business zones. They should also be licensed, with the fees set to include costs of inspections. Staff agreed to have a revised ordinance for Council consideration at the April I meeting. DISCUSS ROLLING 1!EADO~¡S ESTATES/GRADING/DRAINAGB/EROSIOl1 CONTROL PLAN Mr. Erickson explained the developers of Rolling Meadows Estates, TSM Development, Inc., have proposed a revised grading/drainage and erosion plan to allow the lowest floor to be lower than the mottled soil. The City's consulting geotechnical engineer reviewed the proposal and concurred with the developer's engineer as it relates to the ground ~Nat.,=r on the site bl'.t. m¿:..:.de tÿ.,C) recoTr.mendaticn. One :1:"'~,;comr:;_e.ndatior1 \.¡as to install a perimeter drainage system aroutid the house foundations as additional protection. The second was that the developer have a geotechnical engineer inspect the footings as they are dug for each pad si te t·.:) reake sure thf-..:rf~ isn't a perched condi:: j on and provide the City with a report reconfirming the ground water at each location or advising adjustments as needed. Councilrnember Knight. \-¡a.s concerned witn allowing this adjustment in 1(.)'11 and m~rginal soils. He wanted a guarantee that someone other than the City will be responsible. The Council generally agreed to the recommendations but felt that the geotechnical engineer on Bite should be hired by the developer and should sign a certification which is to be placed in the building records for each lot. Mr. Erickson stated another request is for a variance to Lots 4 and 5, Block 2 to the low floor to allow them to set the houses below the 100- year flood elevation. The drainage in the back of the lots and the pond flows to the south. Steve Schmidt. TSM Developer, stated the 100-year flood elevation for the house is not the same as the pond. The pond is landlocked and drains to the south. Both their geotechnical engineering firm and the one hired by the City agree their proposal is acceptable. The house pads are proposed to be at 904 feet and the 100-year flood elevation is 899 feet. They want to build higher-priced houses with full basements. If they don't get the variances, they would have to build split entry houses. Mr. Erickson explained the geotechnical engineers have agreed that neither the overland flo~l nor the percolation will get to the basements of these houses because they are far enough away from the pond. Council suggested that a geotechnical engineer also provide ~.., -! '-- - - .-..--- ,..-- .-.-. ..... , l~ Regular Andover City Council Meeting Minutes - March 18, 1997 Page 11 (Discuss Rolling Meadows Estates/Grading/Drainage/Erosion Control Plan Continued) certificates for these two homes. Councilmember Dehn had a concern and would agree only if the engineers and geotechnical engineers agree, because there are other options to have another type of house on those lots. MOTION by Orttel, Seconded by Dehn, the Staff Resolution approving the revised grading/drainage/erosion control plan of Rolling Meadows Estates as being developed by TSM Development, Inc., and include the Staff recommendation as well as the variances to Ordinance 10 subject to a geotechnical engineering certificate for the building file for the two homes on Lots 4 and 5, Block 2, that those home elevations be allowed to be adjusted to fit with the actual conditions of the 100-year flood of the pond to the southeast of those lots. (See Resolution R067-97) Motion carried unanimously. DISCUSS LETTER/CROOKED LAKE AREA ASSOCIATION Steve Nelson. 13316 Gladiola Street - represented the Crooked Lake Area Association. Two major concerns on Crooked Lake have emerged, one being the safety for thee pec.ple boa,ting and using the surface vlater. Th" other is improving the water quality of the lake. He explained the problem of safety with the increased number of boaters, their research of what other lal;e as,;oció.tions have done ar:d their discussion with the lilloka County Sher.iÍ £' S offi ce regardi-.1.g enfot'cernent. Crooked Lake isn't a high priority lake for enforcement purposes. The DNR established the boat landing for six parking spots, which is what a lake the size of Crooked Lake should handle. In this situation, however, the boaters can park across the street at Crooked Lake Elementary School. At times there are over 20 carS and trailers parked between the two locations. Eliminating the p&rking at the school would alleviate some of the problem. but the school has said it cannot sign to restrict parking of boat trailers without an ordinance to back it up. He asked if the City would support some ordinance restricting boat trailer parking at the school. For any surface water management prograal, it is important that both Coon Rapids and Andover have like ordinance. Attorney Hawkins stated the City would adopt an ordinance designating no parking of boat trailers at the school. It could be an amendment to the City's parking ordinance. Councilmember Kunza stated it would also have to include no parking along Bunker Lake Boulevard and along the service road. MOTION by Knight, Seconded by Dehn, to direct Staff to set up a public hearing or public meeting to discuss an amendment to the parking regulations. Motion carried unanimously. Hr. Nelson stated the runoff from the streets and yards is a problem for water quality. They are requesting the City sweep the streets twice a year, in the spring and in the fall, to reduce the amount of pollution entering the lake. Council noted Staff is making plans to do that. , 1111 Regular Andover City Council Meeting Minutes - March 18. 1997 Page 12 (Discuss Letter/Crooked Lake Area Association, Continued) Jim Hughes, Crooked Lake Area Association explained in 1992 through the cooperative efforts of the DNR, Coon Creek Watershed, the cities of Coon Rapids and Andover and the Association, they were able to eradicate Eurasian Milfoil in the lake. Unfortunately it also killed some of the other natural life in the lake, which is now recovering. In August, 1996, they found Eurasian Milfoil in the lake again in several areas along the shore. The treatment used before is no longer allowed by the DNR. In talking with the DNR and other lake association, a treatment of 2-4-D is recommended, though it is only 85 percent effective; plus the DNR will only permit up to 15 percent of the lake to be treated at one time. With that limitation, it appears that they will never be able to totally eradicate milfoil; and it will require annual treatments to control. They are hoping to begin treatment this spring. It will cost $350 per acre for the treatment, and a maximum of 13 acres can be done at one time. They are looking to the cities for some help. The Council generally agreed to participate in 20 to 30 percent of the cost, wbich is Andover's sbare of the lake. They also suggested the Association contact the Coon Creek Watershed Board. The Association members stated they will come back to the Council with a plan for the treatr.ient and more specific costs and funding sources. DISCUSS REMOVAL O~' STOP SIGNS/YUKON STREET AND 140TH AVENUE MOTION by Knight, Seconded by Orttel, for option No. 2. table the item and notify the property owners for public comment. Motion carried unanimollsly. The Council asked that the item be placed on a light agenda, as there is no immediate rush on this item. DISCUSS FINANCINGjIP97-3 _U~ 97-4/CRACK SEALING AND SEAL COATING The Council gave verbal ccnsent to approve additional funding for the 1997 crack sealing and sealcoating projects from the In-House MSA Fund. APPROVE PLA.~S AND SPECS/IP95-14/CROOKED LAKE BOULEVARD Mr. Erickson explained the Municipal State Aid office is requiring the City to obtain drainage and utility easements from the property owners downstream from the storrnwater discharge pipe at the intersection of Bunker Lake Boulevard and Crooked Lake Boulevard. This would encumber three properties and would be a large cost to the project. Maier Stewart & Associates has looked at yet another alternative for the drainage from this intersection and is now proposing to pipe the storm water in the right of way to the creek and discharge it into the creek. Some temporary or permanent easement may be needed along Bunker Lake Boulevard. The intent is to place the pipe far enough way from Bunker Lake Boulevard so it will not be disturbed when the street is reconstructed in the future. >---.- --- -- -" -. -- . - .- . - - .. -- -- .- ...-- .-_.. - ...- l~ Regular Andover City Council Meeting Minutes - March 18, 1997 Page 13 (Approve Plans and Specs/IP95-14/Crooked Lake Boulevard, Con tinued) Councilmember Orttel stepped to the resident podium and stated if an easement were taken across his property, only one acre of his 2.5-acre parcel would remain usable. He is not willing to give up another 1/3 or 1/2 acre of land. Plus an easement would affect two other parcels as well. He talked with the consulting engineer on the project. His concern with the new proposal is with any potential loss of trees. He'd like it staked. The sewer line is off the county road easement, so possibly the City has enough easement there already. MOTION by Knight, Seconded by Dehn, the Resolution as presented. (See Resolution R068-97 approving final plans and specs and ordering ads for bids) Motion carried on a 4-Yes, 1-Present (Orttel) vote. DISCUSS COUNCIL CHAMBER'S CEILING The Council agreed to consider this item after moving to the new Council Chambers. If a change is needed, it can be done then. The meet.ing was recessed to hc.:>ld an HRA and then an EDA meet ing, 11:10; reconvened at 11;40 p.m. CALL SP.'2C.U.L HE'31'INGS The Council agreed to meet with the Park and Recreation Commission on Tuesday, April 8 1997. The public will also be invited to give input: . OIl the trails system. Staff was asked to find a location for t.hat meeting an:} inL)rm everyoI1F:.. The Bunker Hills Activity Center was suggested as a possible location. The Council did not wish to hold a Saturday work session but preferred to have a series of special meetings. The first special meeting was scheduled for 6:15 p.m., Tuesday, April 15, 1997, to discuss the Home Occupations Ordinance. It was thought the new Council Chambers would be available for use by that time. REQUEST MOflING SERVICES MOTION by Orttel, Seconded by Kunza, to renew the contract of J'im Green's Well Groomed Lawns, Inc. Motion carried unanimously. REVIEW FINANCE OPTIONS FOR PUBLIC WORKS DtTILDING/IP96-15 Mr. Fursrnan reviewed the financing impact statement in which the EDA would bond and lease the Public Works Building co the City. The financing would be a 10-year bond, paid off by capturing the growth L) valuation in the City each year. l~: Regular Andover ci ty Council Meeting Minutes - March 18, 1997 Page 14 (Review Finance Options for Public Works Building/IP96-1S, Continued) The Council had a concern with the cost of the building and with counting on future growth for the payments, but they understood the need and felt this was the best alternative. They expected that it will mean a very tight budget for the rest of the City for some time. The Council gave verbal consent to proceed with the building project with the financing as proposed this evening. AUTHORIZE AND APPROVE BIDS/REPAIRS TO FIRE DEPARTMENT CHEVROLET SUBURBAN Fire Chief Dan Winkel requested auto body repairs be authorized for the 1988 Chevrolet Suburban. There was damage to the body from an accident, and the intent is to ensure this vehicle will last for at least five more years. In the future it is unlikely that this will be replaced with another Subu:cban, as they no longer need a vehicle this large. MOTION by Dehn, Seconded by Kunza, to approve the request at hand for the repairs on the Suburban for the Fire Department. Motion carried unanimously. GFOA CONFERENCE Several Cou:1cilmembers felt the cost of the con.ference is expensive. When authorizing the budg'et for ~dllc3.tion for the Staff, they had not envisiorred confcrenc~es _ out of statE;. It may be different 'f' the l~ conferenc~ was needE:d as part of a certification process. It was also suggested that the Personnel Committee look at establishing a policy en education for Staff. No further action was taken at this time. APPROVA.1:. OF CLAIUS MOTION by Orttel, Seconded by Dehn, approval of Claims in the amount of $285,233.01. Motion carried unanimously. MAYOR/COUNCIL INPUT Testimony/Clean up of contamination - Mayor ~lcKelvey reported he and Mr. Fursman have testified to the committees regarding the bill to allocate $500,000 to clean up the contamination on the South Andover Site. The bill has passed the second committee in the House. Purchase of land south of the landfill - Mayor McKelvey informed the Council the MPCA is starting the process to sell the 80 acres south of the landfill to the City. MOTION by Knight, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 12:20 a.m. ~V\~~bmi~.~t Ma~lla A. Þeac , Recording Secretary --.. ---- --- -.~--_.--- -., ------ ---~-