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HomeMy WebLinkAboutCC May 6, 1997 1[: CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - May 6, 1997 agenda Fire Truck will be on display prior to meeting Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval ~ Consent Agenda Approval of Minutes minutes Badge PresentationlFirefighters badge Discussion Items I. Timber River Estates Geotechnical Report/Continued report 2. Preliminary Plat/Echo Hills 2nd Addition ppech02 3. Special Use Pennit/PUD/Nightingale Preserve pudnight 4. Preliminary PlatINightingale Preserve ppnightp S. Comprehensive Plan Amendment/Section 22, 29 & 30 cpamend 6. Discuss New Location/95- 12/Well #6 disc9512 7. Discuss Hamilton Square Request for Private Construction of City Maintained Streets hamilton and Utilities. EDA Meetin!! 8. Land Purchases land Reports of Staff. Committees. Commissions 9. Schedule Special Meeting with Park & Recreation Commission spmtg 10. Comprehensive Plan Task Force/Appoint Member/Acting Chair appoint Non-Discussion/Consent Items 11. Rezoning/Chesterton Commons, Continued chestertn 12. Approve Tree Trimmer Licenses treetrim 13. ASUP/Riverdale Assembly of God riverdale 14. Approve SupplierlPlayground Equipment supplier 15. Approve Plans & Specs/95-24/Coon Creek BikewaylWalkway Trail ps9524 16. Accept Petition/97-22/1736 Andover Blvd NW/SS & WM pet97-22 17. Approve Resolution/Spending MSA Funds OffSystem/97-14/Prairie Road msafunds & Bunker Lk. Blvd. 18. Allocate Future MSA Funds/97-14IPrairie Road & Bunker Lk. Blvd. fund9714 19. Approve Plans & Specs/97-5/Woodland Estates ps975 20. Approve Plans & Specs/97-7/Crown Pointe East 2nd Addition ps977 21. Declare Cost/Order Hearing/93-17/Crown Pointe dclr93 1 7 22. Adopt Ord. 213 - Non-intoxicating Liquor Ordinance ord2I3 23. Adopt Ord. 214 - Diseased Shade Tree Ordinance ord214 24. Adopt Ord. 218 - Parking Ordinance ord218 25. Adopt Ord. 219 - Noxious Weeds Ordinance ord219 26. Adopt Ord. 220 - Licensing of Excavators ord220 27. Adopt Ord. 221 -Individual Septic System Ordinance ord221 28. Approve Ord. Summary - Ordinance # 222 - Adult Uses ord222 29. Comprehensive Plan Task Force Update u pda te 30. Special Use PennitlNextel Communications/Antenna (Exceeding 35 feet in Height) nextel 31. Approve Quotes/Refrigerator/Sunshine Park refrig 32. Approve Final Plat/Crown Pointe East 2nd Addition fplatcpe 33. Purchase Tax Forfeit Land land 34. Internship internship 3S. Order Public HearingINo-Wake Ordinance/Rum River nawake 36. Order Plans & Specs/96-lSlPublic Works Expansion ps96 1 5 37. Approve Plans & Specs/96-15/Public Works Expansion ...... appr9615 38. Award Bid/94-33C/Contaminated Soil & Debris Removal bid9433c Mavor-Councillnput Pavment of Claims Adiournment -. 0-_- .___ ,- ILl REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 6, 1997 TABLE OF CONTENTS RESIDENT FORUM · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Rezoning/Chesterton Commons · · · · · · · · · · · · · · · · 2 Approve tree trimmer licenses · · · · · · · · · · · · · · 2 Resolution R088-97 amending Special Use Permit/Riverdale Assembly of God · · · · · · · · · · · · · · · · · · · 2 Approve supplier/Playground equipment · · · · · · · · · · · · 2 Resolution R089-97 approving plans and specs/IP95-24/Coon Creek Bikeway/Walkway trail · · · · · · · · · · · · · 2 Resolution R090-97 accepting petition/IP97-22/1736 Andover Boulevard/Sewer and water · · · · · · · · · · · · · · · 2 Resolution R091-97 spending MSA funds off system/IP97-14/ prairie Road and Bunker Lake Boulevard · · · · · · · 2 Resolution R092-97 allocating future MSA Funds/IP97-14 · · 2 Resolution R093-97 approving plans and specs/IP97-5/Woodland Estates · · · · · · · · · · · · · · · · · · · · · 2 Resolution R094-97 approving plans and specs/IP97-7/Crown Pointe East 2nd Addition · · · · · · · · · · · · · · 2 Adopt Ordinance 213 - Non-Intoxicating Liquor Ordinance · · 2 Adopt Ordinance 214 - Diseased Shade Tree Ordinance · · 2 Adopt Ordinance 218 - Parking Ordinance · · · · · · · · · · · 2 Adopt Ordinance 219 - Noxious Weeds Ordinance · · · · · · · · 2 Adopt Ordinance 220 - Licensing of Excavators · · · · · · · · 2 Adopt Ordinance 221 - Individual Septic System · · · · · · · 2 Approve Ordinance summary - Ordinance No. 222 - Adult Uses · 2 Comprehensive Plan Task Force Update · · · · · · · · · · 2 Resolution R095-97 approving a Special Use Permit/Nextel Communications/Antenna · · · · · · · · · · · · · 2 Approve quotes/Refrigerator/Sunshine Park · · · · · · · · 2 Resolution R096-97 approving final plat/Crown Pointe East 2nd 2 Purchase tax forfeit land (PIN 13 32 25 44 0018) · · · · · 2 Internship · · · · · · · · · · · · · · · · · · · · · 2 Order public hearing/No-Wake Ordinance/Rum River · · · · 2 Resolution R097-97 ordering plans and specs/IP96-15/Public Works expansion · · · · · · · · · · · · · · · · · · · 2 Resolution R098-97 approving plans and specs/IP96-15/Public Works expansion · · · · · · · · · · · · · · · · · · · · 2 Resolution R099-97 awarding bid/IP94-33C/Contaminated soil and debris removal · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · 3 TIMBER RIVER ESTATES GEOTECHNICAL REPORT Motion to deviate from the ordinance · · · · · · · · · · · 3 PRELIMINARY PLAT/ECHO HILLS 2ND ADDITION · · · · · · · · · · · 3 Resolution R100-97 approving the plat · · · · · · · · · · · 4 SPECIAL USE PERMIT/PLANNED UNIT DEVELOPMENT/NIGHTINGALE PRESERVE 4 Resolution R101-97 granting the permit · · · · · · · · · · 5 BADGE PRESENTATION/FIREFIGHTERS · · · · · · · · · · · · · · · · 5 PRELIMINARY PLAT/NIGHTINGALE PRESERVE · · · · · · · · · · · · · 5 Motion to table · · · · · · · · · · · · · · · · · · · 8 DISCUSS HAMILTON SQUARE REQUEST FOR PRIVATE CONSTRUCTION OF CITY MAINTAINED STREETS AND UTILITIES · · · · · · · · · · 8 Motion to table · · · · · · · · · · · · · · · · · 10 IT) Regular Andover Ci ty Council Meeting Minutes - May 6, 1997 Table of Contents Page ii COMPREHENSIVE PLAN AMENDMENT/SECTION 22, 29 AND 30 · · · · · · 10 Resolution R102-97 to include 171 acres in the southwest portion of the City as RU · · . . · · · · · · · · · · · · · 11 NEW LOCATION/IP-12/WELL #6 Resolution R103-97 approving location in Sunshine Park · · · 11 SPECIAL MEETING WITH PARK AND RECREATION COMMISSION Motion to set meeting for Thursday, May 15, 1997 · · · · 11 COMPREHENSIVE PLAN TASK FORCE/APPOINT MEMBER/ACTING CHAIR Motion to appoint Lynnette Barry as Acting Chair . · · · 11 Motion to appoint Rebecca Pease and four alternates · · · · 12 MAYOR/COUNCIL INPUT Traffic control on Seventh Avenue and CoRd 20 · · · · · · · 12 Sound system in the Council chambers · · · · · · · · · 12 Recycled concrete as road surfacing · · · · · · · 12 APPROVAL OF CLAIMS . · · · . · · · · · · · · · · 12 ADJOURNMENT . . . . . . . · · . . · . · · · · · · · · · · · 12 .-- . - ---- - - ___.. -_0--- -.- ~-- - -- ---------- ,-- . -- '. a)J¡)tCJZlé'« fJ2ã¿j dtJ,19ft CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - MAY 6, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, May 6, 1997, 7:07 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Knight, Orttel Councilmember absent: Kunza 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 Melissa Hine. 14509 Round Lake Boulevard - wants to put up a six-foot fence, which is against the City ordinance. The ordinance allows up to a four-foot fence. She wants to put the fence in front as a noise barrier from the busy road and felt the children would be able to crawl over a four-foot fence. The fence would be on her property behind the large trees, so it would not be very visible. Councilmember Orttel noted he has talked with Ms. Hine. They are on the curve of Round Lake where it goes past South Coon Creek Drive, and the noise is terrible. There are many fences as one travels south, but they are on the back yards which face the thoroughfare. He suggested the ordinance be amended to allow .the six-foot high fences on thoroughfare streets for those houses that are close to the road. This fence really would not be seen because of the trees, but those whose back or side yards face the road are clearly visible and allowed. The City no longer allows homes to front on these major roads. After some discussion, the Council was generally agreeable to having Ms. Hine apply for a variance to install the six- foot high fence rather than amending the ordinance. Mr. Carlberg stated Staff will get Ms. Hine a variance application to start the process. . AGENDA APPROVAL Table Item 21, Declare Cost/Order Hearing/IP93-17/Crown Pointe. Under Item 12, Approve Tree Trimmer Licenses, Councilmember Orttel questioned why those licenses have to be approved by the Council when most other licenses required by the City do not require Council approval. Mr. Fursman stated Staff will look into that. MOTION by Knight, Seconded by Dehn, to approve the Agenda as amended. Motion carried On a 4-Yes, I-Absent (Kunza) vote. II) Regular Andover City Council Meeting Minutes - May 6, 1997 Page 2 CONSENT AGENDA Item 11 Rezoning/Chesterton Commons Item 12 Approve Tree Trimmer Licenses Item 13 Amended Special Use permit/Riverdale Assembly of God (See Resolution R088-97) Item 14 Approve Supplier/Playground Equipment Item 15 Approve Plans and Specs/IP95-24/Coon Creek Bikeway/Walkway Trail (See Resolution R089-97) Item 16 Accept Petition/IP97-22/1736 Andover Boulevard NW/Sanitary Sewer and Watermain (See Resolution R090- 97) Item 17 Spending MSA Funds Off System/IP97-14/Prairie Road and Bunker Lake Boulevard (See Resolution R091-97) Item 18 Allocate Future MSA Funds/IP97-14/prairie Road and Bunker Lake Boulevard (See Resolution R092-97) Item 19 Approve Plans and Specs/IP97-S/Woodland Estates (See Resolution R093-97) Item 20 Approve Plans and Specs/IP97-7/Crown Pointe East 2nd Addition (See Resolution R094-97) Item 22 Adopt Ordinance 213 - Non-Intoxicating Liquor Ordinance Item 23 Adopt Ordinance 214 - Diseased Shade Tree Ordinance Item 24 Adopt Ordinance 218 - Parking Ordinance Item 25 Adopt Ordinance 219 - Noxious Weeds Ordinance Item 26 Adopt Ordinance 220 - Licensing of Excavators Item 27 Adopt Ordinance 221 - Individual Septic System Ordinance Item 28 Approve Ordinance Summary - Ordinance No. 222 - Adult Uses Item 29 Comprehensive Plan Task Force Update Item 30 Special Use Permit/Nextel Communications/Antenna (Exceeding 35 feet in height) (See Resolution R09S-97) Item 31 Approve Quotes/Refrigerator/Sunshine Park (low quote from Superior Products for $2,077.82) Item 32 Approve Final Plat/Crown Pointe East 2nd Addition (See Resolution R096-97) Item 33 Purchase Tax Forfeit Land (PIN 13 32 25 44 0018) Item 34 Internship Item 35 Order Public Hearing/No-Wake Ordinance/Rum River (May 27, 1997) Item 36 Order Plans and Specs/IP96-1S/Public Works Expansion (See Resolution R097-97) Item 37 Approve Plans and Specs/IP96-1S/Public Works Expansion (See Resolution R098-97) Item 38 Award Bid/IP94-33C/Contaminated Soil and Debris Removal (See Resolution R099-97) MOTION by Dehn, Seconded by Knight, to approve the Consent Agenda. Motion carried on a 4-Yes, 1-Absent (Kunza) vote. -. ·-r-- - ---.._--~_.._..-_.. .-~. - . . Ü] Regular Andover City Council Meeting Minutes - May 6, 1997 Page 3 APPROVAL OF MINUTES April 15, 1997, Regular Meeting: Correct as written. April 15, 1997, EDA Meeting: Correct as written. April 15, 1997, Special Meeting: Correct as written. April 15, 1997, Special Closed Meeting: Correct as written. MOTION by Knight, Seconded by Orttel, approval of all four meeting Minutes from April 15. Motion carried on a 4-Yes, 1-Absent (Kunza) vote. TIMBER RIVER ESTATES GEOTECHNICAL REPORT/CONTINUED Mr. Erickson reported the City has receiveè a list of projects from various cities from Braun Intertec where similar drain tile systems have been installed. He contacted the Building Official for the City of Lakeville which has utilized the drain tile system extensively in the last eight to ten years. They have not had any complaints or problems associated with those installations. Andover's Building Official, Dave Almgren, talked with the Building Official in Maple Grove. There is clay soil there, and they do not use the drain tiles at all. It is done on a case-by-case basis. If poor soils are found during the excavation, a particular solution is found for the house on that lot. As proposed for Timber River Estates, the City would be receiving a certificate signed by a geotechnical engineer for each house. The Council was concerned with liability if water does get into a house. Attorney Hawkins stated the City is doing everything feasible in terms of investigating this method. From an engineering standpoint, it sounds like this is an acceptable method of draining the subdivision. Because of the extensive investigation, the City wouldn't have much liability if someone gets water in their basement. MOTION by Knight, Seconded by Orttel, to have Staff develop a Resolution to deviate from the ordinance on this matter. Motion carried on a 4- Yes, 1-Absent (Kunza) vote. Councilmember Dehn preferred this solution be reviewed on an individual basis rather than used City-wide as a blanket solution to water problems. Councilmember Orttel noted this is a variance for this plat, not an amendment to the ordinance. PRELIMINARY PLAT/ECHO HILLS 2ND ADDITION Mr. Carlberg reviewed the proposed preliminary plat of Echo Hills Second Addition as requested by Robert Heliker and Vivian Meyer. The plat is zoned R-1, Single Family Rural and is proposed to consist of seven single family residential lots. He reviewed the requested variance of 60 feet for the lot width of Lot 1, Block 1, a variance of 20 feet from the front lot line for the existing accessory structure (pole barn) on Lot 2, Block 1, and a 20-foot variance for the existing accessory structure (detached garage) on Lot 3, Block 1. Staff asked the developer to look at moving the road south to eliminate the variances on the <--- - ---- - - -.--- -_.--- ... -- - -- . - -- - -. '-r-- - .. ...-..--"..-.-----. .-... - . ([] Regular Andover City Council Meeting Minutes - May 6, 1997 Page 4 (Preliminary Plat/Echo Hills 2nd Addition, Continued) accessory structures, but it appears there would be issues with buildability on the southern parcels by doing so. The developer would like to keep the road alignment where it is and have the variances granted. The Planning and Zoning Commission is recommending approval with conditions, and the Park and Recreation Commission is recommending cash in lieu of land for park dedication. He did not believe the county had any negative comments regarding the access of 168th onto Valley Drive. Councilmember Dehn did have a concern with that access, as Valley Drive is a very narrow road. MOTION by Orttel, Seconded by Knight, the Resolution on this item. (See Resolution R100-97 approving the preliminary plat of Echo Hills Second Addition) Motion carried on a 4-Yes, 1-Absent (Kunza) vote. SPECIAL USE PERMIT/PLANNED UNIT DEVELOPMENT/NIGHTINGALE PRESERVE Mr. Carlberg reviewed the Special Use Permit request of Nightingale Partners, LLP to develop a Planned Unit Development on property encompassing 38.6 acres. The development is proposed to consist of 11 single family homes under density zoning provisions, ranging in lot sizes of 1.04 to 2.7 acres, with an average of 1.71 acres in lot size. The area is included in the 2010-2015 time frame for MUSA services. The Planning and Zoning commission is recommending approval with conditions. The biggest discussion was on the extension of 157th Lane to the western property boundary for the future extension of Raven Street to the south out of Wittington Ridge. The Planning Commission is recommending the extension of lS7th Lane. There is no density increase in the plat above and beyond what would be allowed under normal platting regulations. The proposal is to leave the open space natural for the enjoyment of the neighborhood. A homeowners' association will be created and will have control over and be responsible for the open space area. There was some Council discussion on the provisions and covenants of the homeowners' association, especially relating to the open space area. They suggested that in the future, the preliminary covenants of the proposed homeowners' association be included with the PUD application so they know what is being proposed in the PUD. Mr. Carlberg stated Ordinance 112 could be amended to bring those documents for the homeowners' association to the Council earlier in the process. Attorney Hawkins advised the City would have no liability for anything that happens in the open space area because the property will be owned by the homeowners' association. Jeff Wheeler. 15638 Raven - was concerned with the variance for the small lots. He asked the reason the lots were reduced in size rather than kept at 2 1/2 acres. Mayor McKelvey explained the advantages of clustering the lots to better preserve the wetland area and to have smaller lots to service in the future if sanitary sewer and water is made available. ____ ___'-0__'-- ..~,___ ([] Regular Andover City Council Meeting Minutes - May 6, 1997 Page 5 (Special Use Permit/PUD/Nightingale Preserve, Continued) Mr. Wheeler - understood the covenants were valid for only ten years and then it falls back as the City's liability. Attorney Hawkins advised covenants are valid for up to 30 years. Mayor McKelvey suggested the maximum length of time be requested in the covenant. Mr. Wheeler - wondered if it is a new City policy to allow those with less than desirable land to developer smaller lots and leave the swamp area open. The Council noted the problems with including the wetland areas as a part of the individual lots. The City has made a commitment to save as much wetlands as possible without disfiguring them. In this situation, the density zoning works out well; but each person would have to go through this same procedure for a Special Use Permit for a PUD to be granted. MOTION by Orttel, Seconded by Dehn, introducing the Resolution granting the Special Use Permit for the single family rural Planned Unit Development for the property known as Nightingale Preserve as prepared. (See Resolution R101-97) Motion carried on a 4-Yes, 1-Absent (Kunza) vote. BADGE PRESENTATION/FIREFIGHTERS Fire Chief Dan Winkel presented badges to the following firefighters who have successfully completed their probationary period: Tom Beberg, Rick Bickford, Paul Blesi, John Carpenter, Jennifer Podany, Tim Rossmeisl, Rob Strandlund, and John Wallace. The Council then recessed to go outside to view the new fire truck, 8:05; reconvened at 8:13 p.m. ~~m~llYPUVmGHT~GALE~U~~ Mr. Carlberg reviewed the proposed preliminary plat for the Planned Unit Development of Nightingale Preserve as requested by Nightingale Partners, LLP. He noted the three variances: lot area and lot width as a part of the PUD; a 600-foot variance for the length of the cul-de-sac on lS7th Lane; and variances to the buildable land area of a minimum width and depth of 150 feet. The three comments of the Andover Review Committee have to do with the developer's request to use an alternative to the mottled soil elevation, the extension of 157th Lane to the western property line, and the storm water drainage for the area. Braun Intertec has recommended the proposed highest anticipated water table be verified by installing piezometers and monitoring them over a period of time. The City Engineering Department is also recommending that prior to any footing inspection, a geotechnical engineer certify that the lowest floor have at least a three-foot separation above the highest anticipated water table. The Park and Recreation Commission is recommending cash in lieu of land for park dedication. The Planning and Zoning Commission is recommending approval with conditions. . -~ . ~ ,OJ Regular Andover City Council Meeting Minutes - May 6, 1997 Page 6 (Preliminary Plat/Nightingale Preserve, Continued) Mr. Carlberg went on that the Andover Review Committee is recommending that 157th Lane NW be constructed to the western property line of the plat to allow for the future connection of Raven Street NW, which is located at the southwestern edge of this plat in Wittington Ridge. The Council agreed with that recommendation. There was considerable discussion on the drainage issue. Mayor McKelvey worried about the water table level, noting the problems in that area in the past when there have been heavy rains. Mr. Erickson detailed the drainage from the plat south through the drainage and utility easements in Wittington Ridge and eventually discharging into Ditch 37. The discharge would have to be at the pre-development 25-year rain. The City has reviewed that and the Coon Creek Watershed will be reviewing it at their May 12 meeting. Jerrv Windschitl. President of Ashford Development. developer of Wittinqton Ridqe - was specifically representing Erion Mayher, Lot 2, Block 2, Wittington Ridge, who is out of the country. Mr. Mayher called him today concerned with the potential impact of the drainage from Nightingale Preserve on his lot. Mr. Windschitl stated the impact is quite significant. He stated the drainage for Wittington Ridge was not designed for the proposed storm drainage that the plat of Nightingale Preserve will discharge on it. The Wittington Ridge drainage system was designed to handle the storm water from this lot plus the undeveloped area to the north that had a natural drainage to the area. He stated the net effect of this proposal is to run the drainage out of the 80- acre site at approximately 2.3 feet lower than the present rates. He detailed the existing and proposed elevations of the pond, noting only a .7-foot bounce is being allowed on the pond in Outlot A. He also stated the ditch system is private and was never given to the City as a public ditch. Because of how sensitive this is to the farmers further south, they went through an extensive ponding system when developing Wittington Ridge. Now the developer above this plat is coming into the system for free and which also has the potential of flooding out two of the property owners in the plat. The ditch in the northern portion of Wittington Ridge was not cleaned out, but in the southern portion it was. He stated it is an unreasonable position for the City to feel it has the right to dump whatever quantity of water it wants from undeveloped land through the drainage easements he provided. It is also unreasonable to just dump water onto a county road and let it go down stream until it eventually finds a home. Mr. Windschitl went on to propose the developer has other options which would not flood out the property owners. One option would be to place a higher invert on the ponds. The water has a natural right at 893.5, and that is where the invert should be, not at 891.2 feet as proposed. The developer could also go with two 100-year ponds or increase the size of the ponds to lessen the affect on the people down stream. Mike Gentz. 15629 Osaqe Street - was concerned with where the flow of water would go. There was a meeting and he understands people are looking at this issue. He spent thousands of dollars on his property, and he is concerned with the drainage. --- -",,'-r-- - ..--..--"q-,,-.,,--, .-.. - . . [I Regular Andover City Council Meeting Minutes - May 6, 1997 Page 7 (Preliminary plat/Nightingale Preserve, Contínued) Tonv Howard. Wittinqton Ridqe - reiterated the concerns of Mr. Windschitl and Mr. Gentz. He understands that the water does not go north out of Outlot A, but he has a problem with the elevations which show it is lower to the north than to the south. From what he could tell, the water is being drained right onto the property of Mr. Gentz. Also, he'd like to see 157th Lane constructed to the edge of the property. If there isn't the ability to access 157th from Swallow in the future, then all of that traffic from the north would come down Raven and through their development. Brvan? . 15667 Raven - stated they have grown to appreciate the area and their neighbors. He felt the area needs to be protected as much as possible, especially those who will be most affected. He is concerned that the City would allow this to happen to those properties where a lot of money and time has been spent to develop their pride and joy. He stated the City needs to look at this seriously or there is a potential travesty which would affect a couple people. He is very concerned for his two neighbors and for the increased traffic on Raven as well. Tim Kellv. Administrator of the Coon Creek Watershed - explained Nightingale Preserve has been before the Board but was tabled. One issue was the nature of the drainage easement, which was beyond thei~ abilities because it is a City drainage. They also discussed the flooding concerns on the Gentz and Mayher properties. Mr. Kelly went into some detail on their policies, one of which is that the development isn't to interfere with the drainage functicns of the ditches used by agricultural functions down stream. Secondly, the route of the storm water drainage is to be over a public system. In this case, there is a drainage easement immediately south in Wittington Ridge. They also asked the developer to provide calculations to show that there would not be an elevation change or a timing change that could affect other properties. Mr. Gentz's home is 200 to 250 feet from the ditch. The calculations show there will be a slight increase for about six hours, and that is the issue that will be discussed by the Board on May 12. The developer has also been asked to provide assurances that there will not be detrimental effects down stream. Their standards are written for a performance basis, and they allow the applicant to solve the problems to meet those criteria. As a result of a meeting with the developer and concerned residents on April 29, the additional calculations submitted by the developer indicates that with the discharge from this plat at the controlled rate, Mr. Gentz probably won't even notice it. The Watershed's engineer will be presenting that conclusion in his report to the Watershed Board at the May 12 meeting. The site has not been designed for two 100-year events. That was not required because there was access to a public drainage system. What they are doing now is to make sure those structures are not at risk. A lengthy discussion on the storm dr'3.inage issue continued. Councilmember Orttel had a concern with approving the preliminary plat prior to the Watershed Board approval of the drainage. Mayor McKelvey was also concerned with the conflicting information from different .-.. -- - -------_._~- ..~._---- .- ---- - .. f] Regular Andover City Council Meeting Minutes - May 6, 1997 Page 8 (Preliminary Plat/Nightingale Preserve, Continued) engineering firms regarding the direction the water flows from this plat. He was told that much of it naturally flows north, but now it will be flowing south. MOTION by Knight, Seconded by Dehn, that we table the consideration of the preliminary plat until the report comes back from the Watershed. DISCUSSION: Mike Muske. Niqhtinqale Preserve - stated they have been working on the plat for the last 1 1/2 years. During the conceptual stage, the Council asked them to consider a clustered PUD development. They have worked with the City, complied with their requests and now meet all of the requirements. The plat does meet the drainage plan the City has in place, and the City's engineer agrees with it. Their own engineer agrees with it, and the Watershed requirements have been met. Given all that, he questioned how the plat can now be tabled. The Council explained the concern with flooding people down stream, and there seems to be some disagreement with what was told by previous engineers. The item is being tabled for only two weeks until the City is assured that all requirements are met. Winslow Holasek. 1159 Andover Boulevard - asked if an overall feasibility study has been done for storm water drainage for this entire area. He also noted that a similar situation occurred in Pine Wood Estates that drains into a small drainage easement and then overflows across Hanson Boulevard and eventually down to the creek. He asked why the proposed storm water proj ect for Pine Wood Estates was never implemented. Mayor McKelvey stated he was not aware of any study done for drainage in this area. He was not able to provide an answer to the question in Pine Wood Estates at this time. ~otion carried on a 4-Yes, 1-Absent (Kunza) vote. (The proceedings were briefly interrupted by those wishing Councilmember Orttel a happy birthday!!) DISCUSS HAMILTON SQUARE REQUEST FOR PRIVATE CONSTRUCTION OF CITY MAINTAINED STREETS AND UTILITIES Mr. Erickson explained the attorney for the Hamiltons has requested they be allowed to install their own municipal improvements. The City policy is, and always has been, that the City utilities are installed by the City to insure proper installation and long-term assurance that future maintenance and repairs to the facilities are kept at a minimum. Staff has a concern with changing the procedure and is recommending those utilities be installed by the City per the policy. He felt the City gets better quality when the contractor is working for the City. At this point, the preliminary plat has not yet been submitted for Hamilton Square, and the exact location of the trunk lines have not yet been determined. . .-.. -- -- -----.------- -.. ~ - ..-- -".~_._---_._.--, - . rr Regular Andover City Council Meeting Minutes - May 6, 1997 Page 9 (Hamilton Square Request/Private Construction of Utilities, Continued) Gordon Jenson. Attornev for the Hamiltons - explained they are just as concerned that the installation of the utilities be done appropriately. Before coming forward with a preliminary plat, they had to first deal with the storm water issue. The Post Office will not purchase the property if there are wetlands or storm water ponding on it. They have now determined that the wetlands will be created on the northwest corne~ of the plat. The storm water will be retained on site. Time is of the essence, as the Post Office will lose its funding by September, 1997; and Health Partners' time line is to have the clinic constructed yet this year. So they are anxious to see this project move forward, and they believe a private contractor will meet that time table. Also, they feel the costs will be 30 to 50 percent lower with a private contractor. There is a relatively small portion of street and a short segment of storm sewer pipe and sanitary sewer pipe. The watermain trunk will come across Crosstown Boulevard from Bluebird Street. Deb Lawrence. Health Partners - stated they have been working on the proj ect to get a clinic in Andover for a very long time. They are concerned that the time table continues to dwindle before they can begin construction. They are hoping the City will consider allowing the private contractor to get the construction completed. They would like to have an opening in 1997. The Council discussed the request. Mr. Erickson again stated he did not believe a private contractor would be in the best interest of the City. If it is allowed, he hoped some stipulation can be placed in the agreement so it isn't setting a precedent for other developers. The Council felt both the Post Office and the health clinic will be beneficial to the City and wanted to work with the developer to meet the dead lines. Attorney Hawkins was concerned that varying from the policy would create a precedent which other developers will then want to follow. He suggested the possibility of issuing a change order on another project to save some time. Another issue that was discussed was the servicing of the property with trunk sanitary sewer. Mr. Jenson stated their engineer is anticipating the sewer trunk line will come from the north between the two lot lines. Mayor McKelvey noted that must be coordinated with the development of Chesterton Commons to the north. Jerrv Windschitl. Ashford Development. developer of Chesterton Commons - stated they have not been contacted about the possibility of providing service to this area from their plat. He did not know if the time table for his plat would be compatible with timing for Hamilton Square. They have not yet received a feasibility study for Chesterton Commons. Their hope is to be in the ground by September. Mr. Erickson stated Staff has not seen exactly how the property will be serviced. After discussing the trunk sewer routing and the request before the Council for a private contractor to install the utilities of Hamilton Square, several Councilmembers had reservations about changing the -- --- -- ..----.--.-- ...~.---- ------ ----- '-1'" .-- --- _...._._...._L.... -.. if] Regular Andover City Council Meeting Minutes - May 6, 1997 Page 10 (Hamilton Square Request/Private Construction of Utilities, Continued) policy. The preference was to add this as a change order to another project in the City. Mr. Jenson then suggested this item be tabled for two weeks, and during that time the City Engineer determine to which project this development could be added. If it is determined that the time table cannot be met, they can then tell the Post Office that it is not possible to meet their requirements and they can look elsewhere. If it is determined that the time table can be met, they would then be willing to work with the City even though they feel it will mean a higher cost to the developer. Their concern is if the contractor would put this project last so the time table will not be met. Mr. Erickson explained the prices for the change order would be at the same unit cost as the main project. The City could also negotiate the time by which the work on the change order must be completed. He agreed to research which projects the City will be awarding bids that can then be issued a change order to do the Hamilton Square project. The Council also urged Mr. Jenson to have the engineers for Hamilton Square talk with Mr. Windschitl regarding the trunk sanitary sewer line. MOTION by Orttel, Seconded by Dehn, to table this for two weeks upon the request of the petitioner. Motion carried on a 4-Yes, 1-Absent (Kunza) vote. COMPREHENSIVE PLAN AMENDMENT/SECTION 22, 29 AND 30 Mr. Hinzman reviewed the amendment to the Comprehensive Land Use Guide Plan to bring 191 acres of the 1996 Metropolitan Urban Service Area expansion into conformance with urban land uses. Two specific areas include 171 acres east of Seventh Avenue and North of Bunker Lake Boulevard to be designated RU, Residential Urban Single Family and a 20- acre area located directly north of Oak View Middle School to bp. designated RM, Residential Medium Density. The Council did not wish to give a blanket RM designation to the 20 acres north of Oak View Middle School, not kn0wing exactly what is being planned for the area. If the proposal is for town homes and single family homes for that area, that can be done under a Planned Unit Development rather than designating it for multiple housing, or the designation can be changed once more specific development plans are brought forward. The Council also questioned if a portion of the area east of Seventh Avenue was to be serviced through the Anoka system. Mr. Carlberg stated about 10 acres can be serviced through the Coon Rapids Interceptor. That area at the intersection of Seventh Avenue could possibly go through Anoka or the future Cab Interceptor. The City does not have a date when that Cab Interceptor will be constructed. Jerrv Windschitl - wondered if it was appropriate to designate the area being operated by the gas company as RU. That area has been greatly expanded and now has a very large storage area. He wondered if some "-..---- --_.~--_._-- -_..~---- ._--------" --- c¡ Regular Andover City Council Meeting Minutes - May 6, 1997 Page 11 (Comprehensive Plan Amendment/Section 22, 29 & 30, Continued) other category should be created for such public utilities. Mr. Carlberg stated the utility is allowed in a residential area, and this amendment would simply change the designation from RR to RU. They will look at the situation, but that does not affect the proposed amendment. The Council then agreed to the amendment to the 171 acres east of Seventh Avenue but not the 20-acre site located north of Oak View Middle School. MOTION by McKelvey, Seconded by Orttel, to recommend including the 171 acres on the Rosella Sonsteby property both north and south of Highway 116 and west of Round Lake Boulevard as RU. (See Resolution R102-97) Motion carried on a 4-Yes, 1-Absent (Kunza) vote. DISCUSS NEW LOCATION/IP95-12/WELL #6 Mr. Erickson reported Staff is recommending ~he alternate location for Municipal Well #6 be located in the southwestern portion of Sunshine Park. Staff will be working with the Park Board very closely so the well house will not interfere with future plans for the park. Because several other wells are located in the same vicinity, they feel a test well is not necessary. MOTION by Knight, Seconded by Dehn, the Resolution as presented. (See Resolution R103-97 ordering the improvement of Well #6, Project 95-12 and directing preparation of final plans and specifications) Motion carried on a 4-Yes, 1-Absent (Kunza) vote. The meeting was adjourned to hold an EDA meeting, 10:47; reconvened at 10:54 p.m. SCHEDULE SPECIAL MEETING WITH PARK AND RECREATION COMMISSION The Council agreed to hold a special joint meeting with the Park and Recreation Commission on Thursday, May 15, 1997, from 7 to 8:30 p.m. MOTION by Knight, Seconded by Dehn, to so move. Motion carried on a 4- Yes, 1-Absent (Kunza) vote. COMPREHENSIVE PLAN TASK FORCE/APPOINT MEMBER/ACTING CHAIR Mr. Hinzman noted Lynnette Barry was unanimously nominated as Acting Chairperson by the Comprehensive Plan Task Force Committee. Also, Brian Barringer has resigned, so that position must also be filled. MOTION by Dehn, Seconded by Orttel, to appoint Lynnette Barry as Acting Chairperson for the Comprehensive Plan Task Force. Motion carried on a 4-Yes, 1-Absent (Kunza) vote. .-.--.- -- --_.-------- --_.--~ --- . - CI Regular Andover City Council Meeting Minutes - May 6, 1997 Page 12 (Comprehensive Plan Task Force, Continued) MOTION by Orttel, Seconded by Dehn, that of the five remaining candidates listed, recommend appointing Rebecca Pease to replace Brian Barringer and appoint the other four as alternates in descending order (Jim Lindahl, Jeff Kieffer, Don Jacobson, and Leonard Groen, Sr.) Motion carried on a 4-Yes, 1-Absent (Kunza) vote. MAYOR/COUNCIL INPUT Traffic control on Seventh Avenue and CoRd 20 - Councilmember Dehn received a call with concerns over the traffic on Seventh Avenue at the intersection of CoRd 20. It is a very dangerous intersection because of the hill. After some discussion, the Council directed Staff to ask the county to install stop signs along Seventh Avenue at that intersection. Sound system in the Council chambers - Council expressed frustration with the sound system in the new chambers and the inability of those viewing on Cable TV to hear what is going on. Recycled concrete as road surfacing - councilmember Orttel received complaints of problems with dirt and dust resulting from the surfacing of dirt roads with recycled concrete. He stated typically chlorine is sprayed on those roads to control the dirt. Mr. Fursman stated he will discuss the problem with the Public Works Superintendent. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Dehn, to approve Claims in the amount of $565,436.69 as presented. Motion carried on a 4-Yes, 1-Absent (Kunza) vote. MOTION by Dehn, Seconded by Knight, to adjourn. Motion carried on a 4- Yes, 1-Absent (Kunza) vote. The meeting adjourned at 11:03 p.m. Respectfully sub~itted, ~~~L Recording Secretary .-- - - - -. .. ...- ~ -... - . . .-. - .