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HomeMy WebLinkAboutCC September 16, 1997 [ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - September 16, 1997 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval ~ Consent Agenda Approval of Minutes minutes Discussion Items 1. Amend Ordinance No. 109/Snowmobile, Continued snowmobi 2. Rezoning/15XXX Hanson Blvd NW/97-06/Chesterton Partnership rez9706 3. Rezoning/333I Bunker Lake Blvd NW/97-07IPresbyterian Homes of Minnesota rez9707 4. Special UsePermitlPUDlPresbyterian Homes of Minnesota sup 5. Preliminary Plat/The FarrnsteadlPresbyterian Homes of Minnesota farmstead 6. Slow-No Wake Ordinance Update nowake 7. Sketch Plan/Section 3/Dave Harris & Randi Erickson sec3 EDA Meeting 8. Approve Resolution Amending By-Laws to Expand EDA Board bylaws 9. Approve Resolution Appointing Officers for the EDA officers Non-Discussion/Consent Items 10. Variance/4345 - I 57th Avenue NWlBurgeson burgeson II. Approve Amendment to Ordinance No. 10, Sections 9.03, 9.07 & 13 12. Approve Amendment to Ordinance No.8, Section 4.05 amendordS 13. Approve Ordinance Summary No. 229/Parks ordsum 14. Approve FEMA Disaster Aid Resolution Authorizing Execution of Sub-Grant Agreement fema 15. Award Bid/97-33/1997 Overlays bid9733 16. Approve Change Orders/96-15IPublic Works Expansion cos9615 17. Proposed 1998 Cable Commission Budget cable 18. Approve Plans & Specs96-27/0ak View Middle School Trail/Hanson Boulevard appr9627 19. Approve Supplemental Agreement & Authorize Off-System Funding/96-27/0ak View agre9627 Middle School TraillHanson Boulevard 20. Authorize Speed Study/157th Avenue NW speed 21. League of Minnesota Cities 1997 Regional Meeting Imcmtg Mayor/Council Input Payment of Claims Adjournment .. -- .,.. . - , ----- ·r L... REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 16, 1997 TABLE OF CONTENTS RESIDENT FORUM.. .. . . . .. .. .. " 1 AGENDA APPROVAL. ........ ...... 2 CONSENT AGENDA d3~ Resolution R21S-97 approving variance/~lS7th Ave/Burgeson 2 Approve amendment to Ordinance 10, Sections 9.03, 9.07 & 13 . 2 Approve amendment to Ordinance 8, Section 4.05 ...... 2 Resolution R216-97 approving FEMA Disaster Aid authorizing execution of sub-grant agreement ..... ... 2 Resolution R217-97 awarding bid/IP97-33/1997 overlays. . . . 2 Resolution R218-97 approving Change Orders 1 & 3/IP96-1S/ Public Works expansion . .... ...... 2 Resolution R219-97 approving Change Order 2/IP96-1S.. 2 Proposed 1998 Cable Commission budget .. . . 2 Resolution R220-97 approving plans and specs/IP97-27/ Oak View Middle School trail/Hanson Boulevard '" 2 Resolution R221-97 approving supplemental agreement and authorizing off-system funding/IP97-27 . .,. 2 Authorize speed study/1S7th Avenue NW. '" " 2 League of Minnesota Cities 1997 regional meeting . " . 2 AÞPROVAL OF MINUTES ., . ..... ... .. 2 DECLARE DOG A BITING DOG Resolution R222-97 declaring dog at 13808 Northwoods Drive a "biting dog" ..... ., . .. ... .. 3 AMEND ORDINANCE NO. 109/SNOWMOBILE, CONTINUED ... . . 3 Motion to continue to allow snowmobiling in the City ... 6 REZONING/1SXXX HANSON BOULEVARD/IP97-06/CHESTERTON PARTNERSHIP . 7 Motion to table ... ........... .. 8 REZONING/331 BUNKER LAKE BLVD/IP97-07/PRESBYTERIAN HOMES. 8 Motion to approve . . .. . . " .. .. 9 SPECIAL USE PERMIT/PUD/PRESBYTERIAN HOMES OF MINNESOTA. .. 9 Resolution R223-97 granting the Permit " ., .. 10 PRELIMINARY PLAT/THE FARMSTEAD/PRESBYTERIAN HOMES OF MINNESOTA Resolution R224-97 approving the preliminary plat " '" 10 SLOW-NO WAKE ORDINANCE UPDATE Motion to table ......... ....... 11 SKETCH PLAN/SECTION 3/DAVE HARRIS AND RANDI ERICKSON.. . 11 ORDINANCE SUMMARY NO. 229/PARKS Motion to approve.. .. . .. ... . 11 MAYOR/COUNCIL INPUT Zone for used auto sales .. . . . '" . . 11 Park dedication ....... ........ 11 Livable Communities Act .. . ....... .. 12 Metropolitan Council Task Force for Ag Preserve . . . 12 PAYMENT OF CLAIMS .. ..... 12 ADJOURNMENT . " .. . .. " .. ..... 12 0_0_____.___ _.._~_._ __ ___._.~_ ~ r R ~ 'l/9tJ7 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - SEPTEMBER 16, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, September 16, 1997, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Knight, Orttel, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Assistant City Engineer, Todd Haas City Planner, John Hinzman Community Development Director, Dave Carlberg Others RESIDENT FORUM Charlie Veiman. 13646 Crooked Lake Boulevard - stated they finally put the class 5 on his driveway today. There has been a communication problem, as there was a one-week lapse of time between when the gas company said it was done to when the City had knowledge that they could complete the project. He is concerned with the edges of his driveway which are considerably lower. He wants the slopes to be sodded. Mr. Erickson stated those problem areas are typically sodded to eliminate erosion. They will look at this with Mr. Veiman. Mr. Veiman - expressed frustration at the inability to get calls through to the employees at City Hall. He felt the situation is unacceptable and should be looked at. People should be able to get through to talk with someone when they call City Hall. Winslow Holasek - was asked by the Hamiltons to keep an eye on the trees on the Hamilton Square project while they are out of town until tomorrow evening. He asked if the sewer and water trunk crossing the Hamilton's property is paid for from the trunk funds and not being specificall/ assessed to the property owners. The Mayor acknowledged that is correct. Mr. Holasek - stated there were at least seven nice big trees along the line where the sewer and water are crossing the north side of the property, but by 4:30 today someone cut all of them down. He ask~d who is responsible for doing that and why was it done. When he saw the draft, the easement for the trunk lines was partially on the Hamilton property and partially on the property to the northeast. If that is so, those trees did not need to be cut. In talking wi th the adj acent property owner this evening, he stated he did not give an easement for those trunk lines. Mr. Erickson stated the preliminary plat didn't dictate a location for the sewer line extension. There are no easements on the adjacent property to the northeast. He stated he is willing to meet with the property owners and their engineer on the site. ..-. . -.- ...-.-' -, , [ Regular Andover City Council Meeting Minutes - September 16, 1997 Page 2 (Resident Forum, Continued) Mr. Holasek - agreed but noted the Hamiltons will not be available until Thursday. He also asked that the stumps of the trees not be removed in the mean time, as they will verify that the trees were definitely on the Hamilton property. He also asked that one of the Councilmembers attend the meeting on Thursday. Mr. Erickson agreed to direct the contractor to leave the stumps in place until after meeting with the Hamiltons on Thursday. None of the Councilmembers were able to attend the meeting. AGENDA APPROVAL Add a1, Declare Dog a Biting Dog; Move Item 13, Approve Ordinance Summary No. 229/parks from Consent Agenda to Discussion Items. MOTION by Dehn, Seconded by Knight, to approve the Agenda. Motion carried unanimously. CONSENT AGENDA ,LvC:: Item 10 Variance/~lS7th Avenue NW/Burgeson (See Resolution R215-97) Item 11 Approve Amendment to Ordinance No. 10, Sectio~s 9.03, 9.07 and 13 Item 12 Approve Amendment to Ordinance No.8, Section 4.05 Item 14 Approve FEMA Disaster Aid Resolution Authorizing Execution of Sub-Grant Agreement (See Resolution R216- 97) Item 15 Award Bid/IP97-33/1997 Overlays (See Resolution R217- 97) Item 16 Approve Change Orders/IP96-1S/Public Works Expansion (See Resolution R218-97 for Change Orders No. 1 and 3, and Resolution R219-97 for Change Order No.2) Item 17 Proposed 1998 Cable Commission Budget Item 18 Approve Plans and Specs/IP96-27/0ak view Middle School Trail/Hanson Boulevard (See Resolution R220-97) Item 19 Approve Supplemental Agreement and Authorize Off-System Funding/IP96-27/0ak View Middle School Trail/Hanson Boulevard (See Resolution R221-97) Item 20 Authorize Speed Study/157th Avenue NW Item 21 League of Minnesota Cities 1997 Regional Meeting MOTION by Knight, Seconded by Dehn, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES September 2, 1997, Regular Meeting: Correct as written. MOTION by Orttel, Seconded by Dehn, to approve. Motion carried on a 4- Yes, 1-Present (Kunza) vote. --._- -----~-~.~ -- [ Regular Andover City Council Meeting Minutes - september 16, 1997 Page 3 DECLARE DOG A BITING DOG Mr. Carlberg asked the Council to declare a dog at 13808 Northwoods Drive a biting dog. There has been a history on this dog the past two years of running at large plus biting a person in November, 1996, which was not reported to the City. On September 13 the dog was running at large and attempted to run after an 11-year-old child who was pushing a stroller. The Community Service Officer had to mace the dog. The owners of the dog were not present this evening. MOTION by Orttel, Seconded by Dehn, the Resolution as prepared declaring a pit bull mix kept on the property located at 13808 Northwoods Drive as a "biting dog". (See Resolution R222-97) Motion carried unanimously. AMEND ORDINANCE NO. lO9/SNOWMOBILE, CONTINUED Mr. Haas eXplained the Snowmobile Task Force met two times and came up with two options to consider. One would be to draw a line at 161st Avenue NW from the Rum River to the City of Ham Lake and prohibi~ snowmobiling south of that line. The other is a proposal by the Andover Sno-Dragons to continuing allowing snowmobiling in the City for another year. The Park and Recreation Commission is recommending that snowmobiles not be allowed at all on any 0:'::: the trails in the City, including those along Hanson Boulevard and Bunker Lake Boulevard. John Campbell. President. Andover Sno-Draqons - outlined the club's proposal as noted in his September 10, 1997, letter to the City Council. The Club does not plan on using the bike paths or trails for snowmobiling with the exception of those trails along Hanson and Bunker Lake Boulevards. They were told those trails would be plowed for the walkers, and they need snow. In talking with the Cities of Brooklyn Park, Champlin and Maple Grove, they use the bike paths as snowmobile trails in the winter, leaving a minimum of six inches of snow on the blacktop. They experienced more damage done by roller bladers in the summer than with snowmobilers. He didn't believe that is an issue. If snowmobiles are not allowed on the trails, then they would not be able to patrol them either. He suggested the City sign the trails, believing it is in the City's best interest not to plow the trails. Leaving snow on them will eliminate frost heaves that will occur with bare pavement. It also makes it easier for them to patrol. The Club plans on having two main trails through Andover, one north and south, the other east an1 west. They feel there will be two trails along Hanson Boulevard, the paved trail plus the one in the ditch. They will be providing signs along Hanson Boulevard, and they would patrol those trails. Club members will be doing snow patrol. Five more people are qualified to issue the new revised warning citations. The Club did not begin giving citations last year until February, so they didn't have much time to make an impact in that manner. Because of the late start last year, they are asking to be given another opportunity this coming season. -_._--~---- -----_.- - . -' . - .----- L Regular Andover City Council Meeting Minutes - September 16, 1997 Page 4 (Amend Ordinance No. 109/Snowmobile, Continued) Mr. Campbell stated two years ago they proposed two donated sleds be used for enforcement by the Sheriff's Department, but it became a liability issue. He would like to see that happen. They would also like the City's ordinance to state snowmobilers can ride on any City street shoulder as long as they are going to a trail. The trails are laid out, and they are in the process of getting permission frcm the property owners. They are also working with Coon Rapids to provide a trail for those along the border to reduce the problems in that a~ea. He noted another problem area last year was along Round Lake Boulevard. They will be providing signage this year so the snowmobilers can see them which indicate no snowmobiling. Last year there was a problem with piling snow at the end of driveways, and members of the Sno-Dragons did shovel out a number of driveways. They are trying to eliminate that by having the main corridor along Hanson Boulevard. Councilmember Orttel felt the problem is the traffic congestion in the southern area of the City because that is where the population is. While he doesn't complain when snowmobilers drive beyond the right of way onto his property, other people find that offensive. Mr. Campbell stated they have 80 families from Andover in the Club, but there are 1,200 to 1,600 snowmobiles registered in the City. They will be posting signs as needed and do answer all calls coming into the ho~ line. They will also be patrolling and issuing tags. The past two years they have taken the position of education; now they will be monitoring and issuing citations. The mandatory safety course just recently passed by the State legislature wil~ also help. Mayor McKelvey stated he was with some of the Club members last year. They did a lot of patrolling, and he was told the number of complaints on snowmobiles went down last year. He did not support a ban of snowmobiles south of 161st for this year because it would not be possible to enforce the ban with only two Officers in the City. He felt the Sno-Dragons should be given another year to establish trails and tag violators since they got such a late start last year. Even with that late start, he understood that the number of complaints decreased last year. Councilmember Knight had mixed feeling. The number of calls he receives increases yearly, many having to do with violations on private property, destroyed plants and trees, and keeping driveways clear. It seems to be the same infraction over and over again. A snowmobiler in the audience argued they will never stop everyone, but they are asking for a chance to do more. Councilmember Dehn cited an incident of a woman whose driveway is in the prohibited area who was harassed and even threatened by snowmobilers. She was incensed that those snowmobilers don't respect others and their property. She is a recipient of damage caused by snowmobilers even though her property was posted. Financially they lost tens of thousands of dollars last year by snowmobilers who weren't responsible and went around the signs. The trails sound wonderful; but if someone gets hurt, who is responsible? She would agree with banning snowmobiling south of 161st Avenue even though she lives north of that designation. -.-.- ----------. - -. -- -. ---- - {' Regular Andover City Council Meeting Minutes - September 16, 1997 Page 5 (Amend Ordinance No. 109/Snowmobile, Continued) Rick Erickson - stated he talked with Councilmember Dehn several times last year offering to stake and fence her property. He was always told there is no problem. The damage did not occur until late in the spring. They have been responding to calls the last two years, and those complaints have gone down. Many people moved to Andover specificallJ because they can still snowmobile. They are working to get trails through the City. They'd like another year to continue taking care of the problems for the City. Another resident related an incident where they did help a farmer in Big Lake last winter to keep the snowmobilers off that person's property. The Club is willing to work with anyone. Kevin? - stated the Club has been very sensitive to the landowners. If snowmobiling is banned completely, who will enforce it? Trespassing has always been a crime, and the fines are stiff if enforced. The laws are already in place to deal with the problems; it is an issue of enforcement. If snowmobiling is allowed to continue south of 161st, the Club has eight to twelve people who will donate their time to resolving the problem. That help will not be there with a ban; it then becomes a City problem of enforcement. They want to work with the City to help solve the problems of enforcement. This problem is not going to go away with a ban. The Club has spent a lot of money for signs and many people donate their time to keep the snowmobilers riding where they should. Carolyn Fisher - is a member of the Snowmobile Task Force. Her issue has always been that of enforcement. She related the various suggestions and solutions discussed by the Task Force and their frustration over the laws and enforcement that seemed to block them at every turn. She woul~ have been in favor of a no tolerance policy but was told of the inability to enforce such a policy given the Sheriff's Department's limited resources. Last year only warnings were issued, and there was no follow-up by the Sheriff's Department. T~ere was discussion to ban snowmobiling in all of Andover, but she does not agree with it. Prohibiting it south of 161st would be reasonable, but ban it on all streets in the City next year if there is a problem and allow them only on the designated trails. It was a safety and enforcement issue for her. She felt it is unfortunate to have to ban snowmobiles, as the Club has done a good job the past two years. She understood only 10 percent of the population are snowmobilers, but the remaining 90 percent have property rights and their voice should also be heard. Dave O'Toole. Park and Recreation Commission Chairperson - personally felt there should be a corridor for snowmobiles to get to the main state trails. The Park Board unanimously agreed that snowmobiling should not be allowed on the park trails, nor the ones on Hanson and Bunker Lake Boulevard, especially by the schools. They want to keep the snowmobilers off the school side of Hanson Boulevard. There have been requests to keep the trails plowed in the winter, but economically he did not know if the City could do that or if the use will be there. They are also unsure of the damage snowmobiles can cause to those trails, as what he heard tonight is contrary to what they have heard. He noted the letter before the Council from a resident in St. Francis which outlines the dangers of snowmobiling and the frustrations incurred in that City with the ordinances. --- - - -"----. -----_.~ - [ Regular Andover City Council Meeting Minutes - September 16, 1997 Page 6 (Amend Ordinance No. 109/Snowmobile, Continued) Mr. Campbell stated the snowmobile club does not want to use the trails, except he felt those on Bunker Lake Boulevard will be used anyway. On Hanson, they plan to use a trail parallel to the paved trail. The problem along Hanson is the state law which dictates when and where snowmobiles can travel along the major roadways. Lee Warnicka - did not think the statistic given of less than 10 percen~ of the population being snowmobilers is correct. Andover has both the high density and larger lot areas, but there will always be complaints. He lives on a curve, and no less than three times a year a car going too fast runs over his trees and causes damag-=. If the City and the snowmobile club work at it. Andover can be kept available for snowmobiling for everybody. Mayor McKelvey asked the Deputy the chances of catching violators if snowmobiling is banned south of 161st. Lieutenant Lee Bechtold - felt it is very slim. He reported there were 42 calls involving snowmobiling in 1993, 44 calls in 1994, 55 calls in 1995 and 81 calls in 1996. For the last season, the Sheriff's Department took an aggressive enforcement action and 26 tickets were issued. They have increased patrols and have formed a partnership with the Sno-Dragons to promote and educate people in safe snowmobiling. The problem got bogged down last year because of a liability issue, so they got a late start. The club members issue a courtesy warning to violators. Their department did not follow up on those warnings last year because the snowmobile club felt they were minor violations. This year they are applying for grant monies to increase their snowmobile patrol. He agreed with the Mayor that if snowmobiling is banned south of 161st, it would be very difficult from an enforcement standpoint without the help of the snowmobile club. MOTION by McKelvey, Seconded by Knight, that we hold off on that for another year and give the Sno-Dragons a chance to work with it a full season on their patrolling. Then if it doesn't work this year, then the City should consider banning south of 161st in the future. DISCUSSION: Councilmember Knight wanted a policy that violators will be fined. The message should be it will cost everyone who violates the law. Members of the snowmobile club agreed, stating citations they issue will go to the Sheriff's Department; and they will even follow up in court on their own time if necessary. Discussion continued on enforcing zero tolerance, the problems with enforcement in certain areas, the destruction caused by those who violate property rights, the additional resources the snowmobile club contributes, and the inability of the patrols to go into prohibited areas because others will follow the tracks. Mr. Haas stated the City will monitor the bituminous trails this winter to see if there is damage to the pavement. He anticipated most of the problems will occur where the snowmobiles stop at the intersections when crossing the road. Councilmember Knight called the question. Motion carried on a 4-Yes, I-No (Dehn) vote. It was noted the hot line for residents to call with complaints begins October 15. Councilmember Dehn asked that that number be published repeatedly in the Andover Times and Anoka Union, plus be put on cable TV. ~ ~- ---..--...-.....--..... {' Regular Andover City Council Meeting Minutes - September 16, 1997 Page 7 REZONING/15XXX HANSON BOULEVARD NW/IP97-06/CHESTERTON PARTNERSHIP Mr. Hinzman reviewed the request of Chesterton Partnership to rezone a 60-acre parcel between Nightingale Street NW and Hanson Boulevard NW from R-1, Single Family Rural, to M-2, Multiple Dwelling. The site is scheduled for MUSA expansion between the 1995-2000 and 2000-2005 time frame. A comprehensive plan amendment that was recently adopted changed the land use designation for the site to RM, Residential Medium. The applicant proposed to develop the land as a senior housing facility. The Planning Commission is recommending denial of the application citing insufficient information relating to the development. They were also concerned with the health, safety and general welfare of the residents as well as increased traffic and multi-level buildings. The M-1 and M-2 multiple zones are the closest designation to the RM classification in the comprehensive plan. The Council discussed what is allowed in the multiple dwelling zonings. They expressed concern with granting a blanket multiple zoning without tying it to a specific development plan. Without a plan, it is real open ended. They recalled the property was designated RM in the comprehensive plan because of the proposal by the property owner to develop senior housing. While they applauded a senior housing development, without a development plan, rezoning this area would leave it opened ended and allow other types of multiple developments as well. Mr. Hinzman stated a development plan is not a necessary process for rezoning. Councilmember Orttel noted this rezoning basically replaces the one that was across Hanson Boulevard. When that switch took place, the Council did not appear to have a problem with the multiple zoning. The developer could have developed a portion of Chesterton Commons with multiple housing. Attorney Hawkins advised that the City can contract rezone property for specific development, though both the City and the developer must agree. Mr. Carlberg noted the discussion at the tim2 this property was being considered for an RM designation was that it be developed as senior housing; however, that was not a condition of the designation. Jerrv Windschitl. Chesterton Partnership - stated he is trying to rezone the property so it conforms to the comprehensive plan. He doesn't want to invest thousands of dollars in a plan only to find out that it is not accepted because the property is not properly rezoned. He wants the rezoning in place before he spends the money for the development. He intends to proceed with the development as soon as possible. Mr. Windschitl was also reluctant to contract rezone the property because of the legal ramifications related to senior housing. Senior housing is a difficul t term to define, as there are all kinds of senior housing projects. They never intended to do acute or assisted living care. He also noted the amendment to the comprehensive plan was not tied to senior housing. There was further Council discussion on the multiple zonings. It was noted that the M-2 zone is the closest match to the RM zone in the 0.._-- _0____ _. ___0_..... __. _____.___, _ .' ¡-' Regular Andover City Council Meeting Minutes - September 16, 1997 Page 8 (Rezoning/15XXX Hanson Blvd /97-06/Chesterton Partnership, Continued) comprehensive plan. Staff explained the process of the zoning done for Presbyterian Homes for a senior housing N~velopment on Bunker Lake Boulevard where a contract rezoning was^ done. The Council again reiterated their understanding that when the comprehensive plan was amended to an RM designation for this property, it was done so specifically because of the proposal of the property owner that it would be developed as senior housing. Staff explained that normally they will see a rezoning request at the same time a preliminary plat is being presented. MOTION by Dehn, Seconded by Kunza, the Resolution denying an amendment to Ordinance 8, Section 6.03 to rezone property from R-I, Single Family Rural to M-2, Multiple Dwelling of Chesterton Partnership located in Section 22 as presented in the packet. DISCUSSION: Mr. Carlberg note~ that a denial this evening will mean that the owner cannot make application again for the rezoning for a year. Councilmember Orttel thought by then the property may be rezoned anyway because of the legal requirement to update the zoning map to conform with the comprehensive plan. The Council discussed acceptable types of senior housing such a twin homes or apartments similar to what was constructed in Ham L&ke on Bunker Lake Boulevard, the empty-nester type housing. It is the use that is of concern, not the specific layout of the property. Also, it was not the intent of the Council to hold up the development but to have an agreement on the use. The preference was to contract rezone the property to be used for some type of senior housing. It was suggested the item be tabled rather than denied to give the developer a chance to come up with a definition of senior housing that would be acceptable to the City Council. Councilmembers Kunza and Dehn withdrew the Second and the Motion. MOTION by Knight, Seconded by Dehn, to table this until the next regular meeting. DISCUSSION: Staff noted the next meeting is a few days beyond the deadline for acting on the rezoning request. Council asked the developer if he would waive that deadline to allow it to be discussed at the October 7 meeting. Mr. Windschitl verbally agreed. Motion carriei unanimously. REZONING/3331 BUNKER LAKE BOULEVARD NW/IP97-07/PRESBYTERIAN HOMES OF MINNESOTA Mr. Hinzman reviewed the request of Presbyterian Homes of Minnesota to rezone a +/ 1.18-acre parcel from SC, shopping Center to M-2, Multiple Dwelling and an 8-acre parcel from R-4, Single Family Urban to M-2, Multiple Dwelling at 3331 Bunker Lake Boulevard NW. The applicant proposes to develop the land as a 144-unit senior housing facility known as The Farmstead. A comprehensive plan amendment was approved by both the City Council and the Metropolitan Council changing the land use designation for the site to RM-2, Residential-Multiple Dwelling. The Planning Commission has recommended approval of the request. .. __ ______. _..__0- _ [ Regular Andover City Council Meeting Minutes - September 16, 1997 Page 9 (Rezoning/3331 Bunker Lake Blvd/97-07/Presbyterian Homes, Continued) MOTION by Dehn, Seconded by Kunza, approval of the Ordinance presented this evening in the packet for this item. Motion carried unanimously. SPECIAL USE PERMIT/PUD/PRESBYTERIAN HOMES OF MINNESOTA Mr. Carlberg reviewed the Special Use Permit request of Presbyterian Homes of Minnesota to develop a Planned Unit Development consisting of 144 total units of which 68 are assisted living apartment units, 66 are independent living apartment units, 6 are town/twin home units and four are single family urban residential lots. The Planning Commission recommended approval of the request but did not recommend the density increase because they did not believe the developer justified the increase as provided in Ordinance No. 112, Section 4(8). The discussion at the last Council meeting was to accept cash in lieu of land for park dedication. There did not appear to be support for accepting the RounJ Barn as a community building, but it was suggested that the retail craft operation be allowed to continue. If that is so, the Resolution should reflect that the retail use will be allowed to operate. John Mehrkins. Presbyterian Homes of Minnesota - reviewed the changes in the site plan since the last time it was before the Council, including moving the entrance to the underground parking to the assisted living units and the change from three ponds to one large feature pond for drainage purposes. Because of that change, the eastern portion of the barn needs to be removed. Everything on the site except the Round Barn itself will be removed. He then addressed the density issue by reviewing the four criteria used to justify an increase in density and explaining why they think those criteria have been met. For the first criteria relating to undeveloped land on the site, there are three acres of the 9.3 -acre site outside of the trail system that will be left undeveloped green space. The landscape plan includes retaining the mature oaks, leaving the area to the north undisturbed. 37 percent of the developed site area represents undeveloped green space. The second criteria relates to common open space. 31 percent of the site plan would be considered developed green and open space. They are developing 92 underground parking stalls, leaving more area for green space. The third criteria talks about landscaping, and they will be planting " number of trees, shrubs and bushes to keep it consistent with the residential neighborhood around the site. The fourth criteria deals with the aesthetics and style of the buildings. The roof lines are varied and are consistent with the that of a farmstead. The neighborhood has suggested green roofs, and they are open to that. They are trying to minimize the density by creating a residential fee] with by windows, front porches, etc. Mr. Carlberg stated Staff believes the density increase is justified as long as the same items are not being credited for park dedication. The Council also felt the criteria were met to justify the proposed density increase for the project. _.._---.------..--~.~... -~.- ·c Regular Andover City Council Meeting Minutes - September 16, 1997 Page 10 (Special Use Permit/PUD/Presbyterian Homes, Continued) Mr. Mehrkins requested that for at least a of the portion of the trail system the land dedicated be considered as part of the dedication for parks. They were thinking there will be a pedestrian path on their property parallel to a bike path. Chairperson Dave O'Toole, Park and Recreation Commission, agreed with the 10 percent park dedication of cash in lieu of land, but the trail needs further consideration. Possibly the City's portion could be done in the right of way where it wouldn't be dedicated land. MOTION by Orttel, Seconded by Dehn, the Resolution granting the Special Use Permit request of Presbyterian Homes of Minnesota for a Planned Unit Development with the following change: under the first WHEREAS, third sentence, after "residential lots, add "and retail use for antique craft sales in the Round Barn building only. ..". Second to the last WHEREAS, "a maximum density of 144 units is approved." (See Resolution R223-97) Motion carried unanimously. PRELIMINARY PLAT/THE FARMSTEAD/PRESBYTERIAN HOMES OF MINNESOTA Mr. Carlberg reviewed the preliminary plat for the Planned Unit Development of The Farmstead. The recent practice of the City has been to share the cost of the trails with the de.veloper on a 50-50 basis. The suggestion is that the southern trail could be considered on that cost-share basis. As noted in the previous item, the develop"!r is asking for park dedication credit for that trail. The Andover Review Committee has requested the subbase of the internal walkway system around the buildings be such to support a fire truck. There would be sod over that subbase except for the width of the trail. He didn't believe the developer had a problem with that proposal. The proposed Resolution would approve the preliminary plat with conditions. John Mehrkins. presbvterian Homes of Minnesota - again asked that the value of the right of way for the City's trail system be considered as part of the land dedication for parks. Their desire is to keep the walking paths fairly close to the buildings for residential use, plus it has to be within 20 feet for the fire pumpers. After some discussion with the Council and Staff regarding the trails, it was generally agreed that the project should construct its paths around the buildings and the site for their residents. In addition, the City's bikeway/trailway will be placed in the right of way across the parcel along Bunker LakA Boulevard on a 50-50 cost share basis with the developer. MOTION by Knight, Seconded by Dehn, the Resolution approving the preliminary plat of The Farmstead, and changing Item 2 on the bikeway/walkway to reflect the discussion tonight, that the trail would be on the right of way plus a 50-50 cost share; and if the developer wants to have a pathway, it would be a part of the development; no park credit given for the land. The restrictions for the Woodland Creek Addition would apply to the four single family lots. (See Resolution R224-97) Motion carried unanimously. ..... ... ¡- Regular Andover City Council Meeting Minutes - September 16, 1997 Page 11 (Preliminary Plat/The Farmstead/Presbyterian Homes, Continued) Winslow Holasek asked if the pond will have a clay lining to seal the bottom. Mr. Mehrkins said yes. Mr. Holasek stated he would like to see all ponds in the City be required to have that because he believed those ponds are polluting the water supply. SLOW-NO WAKE ORDINANCE UPDATE MOTION by Knight, Seconded by Orttel, to table the No-Wake Ordinance discussion. Motion carried unanimously. SKETCH PLAN/SECTION 3/DAVE HARRIS AND RANDI ERICKSON Mr. Hinzman reviewed the sketch plan consisting of eight rural residential lots in Section 3 southeast of Hawkridge East and north of Woodland Meadows. The Planning Commission felt the layout appeared feasible and did not suggest any modifications. A variance will be needed for the existing garage which sits in front of the house. The Council suggested no changes. The meeting recessed to hold an EDA meeting, 10:32; reconvened at 10:35 p.m. APPROVE ORDINANCE SUMMARY NO. 229/PARICS MOTION by Orttel, Seconded by Dehn, approval as presented. Motion carried unanimously. MAYOR/COUNCIL INPUT Zone for used auto sales: Councilmember Kunza asked about the zoning to be allowed to sell used autos by the auto repair establishments. Mr. Carlberg explained auto repair is allowed by Special Use Permit in the General Business and Industrial areas. Used vehicle sales are allowed in the General Business areas, but not in the Industrial areas. The Council asked Staff to research when the used vehicle sales operation located north of Bunker Lake Boulevard began and whether or not a permit was issued by the City. Park dedication: Council asked if the City's park dedication conforms to what other cities do and asked about the status of the par^" dedication question for Hamilton Square. Mr. Carlberg stated communities used different methods, but the 10 percent is what Andover has always used. Attorney Hawkins stated he submitted a list of appraisers to the Hamilton's attorney. He expected it will be a month or more before that issue is resolved. .. - - - ~-----. ~---' - - L· Regular Andover City Council Meeting Minutes - September 16, 1997 Page 12 (Mayor/Council Input, Continued) Livable Communities Act: Mr. Carlberg stated the City received a letter from the Metropolitan Council asking if the City wishes to participate in the Livable Communities Act for 1998. The majority of the Council. did not wish to participate. Mr. Carlberg stated he will send a letter indicating the City is not interested in participating for 1998. Metropoli tan Council Task Force for lIgricul tural Preserve - Councilmember Dehn reported she is serving on this committee which recently held a meeting. She learned that Carver County has about 110,000 acres in agricultural preserve and is trying to create a rural line where development stops. They seemed pleased with the efforts Andover has taken to protect farm land. PAYMENT OF CLAIMS MOTION by Knight, Seconded by Kunza, to approve the payment of Claims. Motion carried unanimously. MOTION by Kun~a, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 10:49 p.m. Respectfully submitted, '1~~L Recording Secretary -----~ -~- ----_.~.. --. ---