Loading...
HomeMy WebLinkAboutCC December 1, 1998 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, December 1, 1998 agenda Call to Order -7:00 PM Bookmark Resident Forum Name Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Items I. Badge Presentation for New Firefighters firefighters 2. Public Hearing/Assessment/98-13 & 98-13AlFox Meadows hear9813 3. Public Hearing/Street Lighting/98-24/Red Oaks Manor 4th Addition hear9824 4. Update Residential Development Projects for 1999 update 5. Joint Powers Agreement/Youth First Consortium youth first 6. Discuss Septic Dump Station Location/98-2 disc982 Staff. Committees. Commissions 7. Schedule Interviews/Planning & Zoning Commission pz Non-Discussion/Consent Items 8. Ordinance No. 245/Abandoned Vehicles Related to the Exterior Storage of Collector/Classic Cars/P & Z Response ord24S 9. Approve Ordinance No. 246/Abatement of Nuisances ord246 10. Approve Ordinance No. 248/Curfew for Minors ord248 11. Approve Ordinance No. 249/Commercial Building Standards ord249 12. Request to Approve House BurnlFirefighter Training houseburn 13. Approve Final Payment/97-34/Parking Lot & Field Impröv.Narious Parks fpay9734 14. Approve Final Payment/97-43ffrail Improv./Crosstown Blvd. NW, Hanson Blvd. NW fpay9743 & Hills of Bunker Lake 1-4 Additions· IS. Amend Res. No. 238-94/Street Light Utility Billing res23894 16. Approve Three (3) Appraisers to Determine Land Values as Required in Ord. No. IOBBappraise 17. Update and Review of Neighborhood Meeting/98-l7 !Bunker Lake Blvd Reconstructionupdt98I7 18. Approve 1999 Licenses licenses Mayor/Council Input Payment of Claims Adjournment ~. .. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 1, 1998 TABLE OF CONTENTS RESIDENT FORUM. 0 . 0 . . 0 . . 0 . . . 0 . 0 0 . 0 . 0 . . . . 0 . . 0 . . . 0 . . 0 . 0 . 0 . . . . 0 . . . . . . 0 . . .. 1 AGENDA APPROVAL. 0 . 0 . . 0 . 0 . 0 . . 0 . . 0 . 0 . 0 . . 0 . 0 . . . 0 . . 0 . 0 . . . . 0 . 0 . . 0 . 0 . 0 . . . . 0 1 CONSENT AGENDA Approve Ordinance No. 248/Curfew for Minors 0 . 0 . . . . . . 0 . . 0 . . . 0 . 0 . . 0 . . . 0 . . 0 .. 2 Approve Ordinance No. 249/Cornmercìal Building Standards o. 0 . 0 . . 0 . 0 . . . 0 . . 0 . .. 2 Request to approve house burnlFirefighter training. 0 . 0 . 0 0 . 0 . 0 0 0 . . 0 . 0 . . 0 . . . 0 . . o. 2 Resolution R237-98 approving final paymentlIP97-34lParking lot and field improvementsNarious parks ... 0 . . 0 .. . 0 . . 0 . ..0. . . . 0 . ..0. . 0 . .. . 0 .. . 0 . . 0 2 Resolution R238-98 approving final paymentlIP97-43rrrail improvements! Crosstown Blvd; Hanson Blvd.; Hills of Bunker Lake 1-4 Additions. 0 . ..0. . 0 .. 2 Resolution R239-98 amending R238-94/Street light utility billing 0 . . . , . . . . 0 . . . . . ., 2 Update and review of neighborhood meetinglIP98-17/Bunker Lake Blvd o. 0 . 0 . . 0 . o. 2 Approve 1999 licenses . 0 . . 0 . . . 0 . . 0 . 0 . . . . . . 0 . . 0 . . . 0 . 0 0 . 0 . 0 . 0 . . 0 . 0 . . . . 0 . 0 .. 2 APPROVAL OF MINUTES .. 0 . 0 . 0 . . 0 . 0 0 . 0 . . . 0 . . 0 . . . 0 . . 0 . 0 . . . 0 . . 0 . . . . 0 . 0 . . . . 0 2 BADGE PRESENTATION FOR NEW FIREFIGHTERS. 0 . . 0 . .. . 0 .. . 0 . . 0 . 0 . 0 . . 0 . o. 2 PUBLIC HEARING: ASSESSMENT/IP98-13 and 98-I3A1FOX MEADOWS Resolution R240-98 adopting assessment roll for street improvements 0.... 0 . . . . . .. 3 PUBLIC HEARING: STREET LIGHTING/IP98-24/RED OAKS MANOR 4TH Resolution R241-98 ordering improvement. 0 . . 0 . 0 . . . . . . 0 . . 0 . 0 . 0 . . 0 . 0 . . . 0 . . 0 .. 3 UPDATE RESIDENTIAL DEVELOPMENT PROJECTS FOR 1999 . 0 . . . 0 . . . . 0 . . . . . . 0 3 Motion to extend deadline for Fox Hollow & Grey Oaks to July 1 (No Second) .. 0 . .. 9 Motion to extend deadline for Fox Hollow & Grey Oaks to Jan 31 (Failed) . . . . . 0 . . .. 9 Motion to extend deadline for Fox Hollow & Grey Oaks to July 1 and set July I as submission date for future plats (Carried) .... 0 . . . 0 . . . . . . . . . . . o. 9 JOINT POWERS AGREEMENT/YOUTH FIRST CONSORTIUM Motion to approve agreement 0 . . . . . . 0 . . 0 0 . . 0 . . . . . . 0 . . . . 0 . . 0 0 . . 0 . 0 . . 0 . . . 0 .. 10 DISCUSS SEPTIC DUMP STATION LOCATION.. 0..00.......0...0....0.0....0 10 UPDATE/ANDOVER COMMERCIAL PARK (PHASE II)/IP97-2/GRADING Motion to authorize moving fill within the City .. 0 . . . 0 . . . . 0 . . 0 0 . . 0 . . . . 0 . 0 . . .. 11 PLANS & SPECS/IP97-18/RECONSTRUCTION OF BUNKER LAKE BLVD/ LANDSCAPING Resolution R242-98 ordering feasibility .. 0 . . 0 . . . . 0 . . . 0 . . 0 . . . 0 . . . . 0 . . . . . . 0 .. 11 DISCUSS GAMBLING LICENSES (tabled) 0... 0 . . . . 0 . 0 . 0 . . 0 . . . . . . . . . . . . . . . 0 . .. 11 SCHEDULE INTERVIEWSIPLANNING AND ZONING COMMISSION Motion to schedule interviews 6 porn., December IS .0.. . .. . 0 . .. 0 . .. . 0 . .. .. . 0 .. 11 HOUSING REMODELING FAIR PARTICIPATION .. 0.0.0..0...... 0.0..0.0.0..0 11 Resolution R243-98 authorizing participation. . 0 . 0 . . 0 . . . 0 . . 0 . . . 0 . . . . 0 . . . 0 . . o. 12 ORDINANCE NOo 242/ABANDONED VEHICLES - COLLECTOR/CLASSIC CARS Motion to approve ....0..0... 0 . . 0 . . 0 .. . 0 . .. . 0 . 0 . .. . 0 . .. .. . 0 . .. . 0 . 0 . 0 . .. 12 ORDINANCE NO. 246/ABATEMENT OF NUISANCES Motion to table. 0 . 0 . .. . 0 . . 0 . 0 . 0 . . 0 . . 0 0 . . 0 . .. . 0 . 0 . 0 . . 0 . . 0 0 . . 0 . .. . 0 .. . '" 12 PAYMENT OF CLAIMS ..0.. 0.0.0..0..0...0.00. 0... 0..0.. 0.....0..0.0.0'.0 12 ADJOURNMENT 0.. 0 0 . . 0 . . 0 . 0 0 0 . . 0 . 0 0 . 0 . 0 . 0 0 . 0 . . 0 0 . . 0 . 0 0 . 0 . 0 . 0 . . 0 . . . 0 . . o. 12 ~. --- "- . - CITY of ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER I, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, December I, 1998, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike Knight, John Kunza, Ken Orttel Councilmembers absent: None Also present: City Attorney, Wil1ìam G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Al Grabowski. Chairman of the Park and Recreation Commission - stated he has obtained a copy of a survey done by the City of Lakeville in reference to park dedication fees. Lakeville also passed an ordinance establishing park dedication fees based on density. He will get copies of the survey and ordinance to the Council. He asked that Item 16, Approve 3 Appraisers to Determine Land Values as Required by Ordinance No. 10BB, be tabled until they have an opinion by the City Attorney on Lakeville's ordinance. Tabling the approval of the list of appraisers should not affect any plats right now. The Council agreed to table the item. Winslow Holasek. 1159 Andover Boulevard - would like to see Item 16 discussed, as he felt limiting the number of appraisers that can be used to three could be a problem. The Council assumed the item will be on the next Agenda. AGENDA APPROVAL Add Item 6a, Update of Andover Commercial Park; Item 6b, Order Plans and Specs/IP97- 8/Reconstruction of Bunker Lake Boulevard; 6c, Discussion on Gambling Licenses; and 7a, Housing Remodeling Fair Participation. Remove from Consent Agenda for discussion, Item 8, Ordinance No.1 245/Abandoned Vehicles Related to the Exterior Storage of Collector/Classic Cars/P & Z Response; and Item 9, Approve Ordinance No. 246/ Abatement of Nuisances. Table Item 16, Approve 3 Appraisers to Determine Land Values as Required in Ordinance No. lOBB until information is received from the City Attorney. Motion by Dehn, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. .. . Regular Andover City Council Meeting Minutes - December 1, 1998 Page 2 CONSENT AGENDA Item 10 Approve Ordinance No. 248/Curfew for Minors Item 11 Approve Ordinance No. 249/Commercial Building Standards Item 12 Request to Approve House BurnlFirefighter Training Item 13 Approve Final PaymentlIP97-34lParking Lot and Field ImprovementIVarious Parks (Resolution R23 7-98) Item 14 Approve Final PaymentlIP97-43fTrail Improvement/Crosstown Boulevard NW, Hanson Boulevard NW and Hìlls of Bunker Lake 1-4 Additions (Resolution R238-98) Item 15 Amend Resolution No. 238-94/Street Light Utility Bìlling (Resolution R239- 98) Item I 7 Update and Review of Neighborhood Meeting/lP98-17/Bunker Lake Boulevard Reconstruction Item 18 Approve 1999 Licenses Motion by Kunza, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES November 10 Special Meeting: Correct as written. November 17 Regular Meeting: Correct as written. Motion by Orttel, Seconded by Knight, to approve the November 17 meeting Minutes. Motion carried unanimously. Motion by Orttel, Seconded by Knight, the November 10 Minutes as written. Motion carried on a 3- Yes, 2-Present (Dehn, Kunza) vote. BADGE PRESENTATION FOR NEW FIREFIGHTERS Fire Chief Dan Winkel reviewed the training requirements the first year to become a firefighter, which amounts to SOO to 600 hours. Chief Winkel and Mayor McKelvey then presented badges to the following firefighters who successfully completed their probationary period: Dan Cowan, Bill Dietzler, Tammy Dietzler, Paul Rezac and Kathy Reitan. Shelby Wolf will also be receiving a badge but was unable to attend this meeting. Councilmember Orttel noted it is a tremendous commitment to serve the community. He suggested the Chief report the number and types of calls in the Andover newsletter, as the Department's reports are very revealing. The Chief agreed. .. ~~ .-- - .- Regular Andover City Council Meeting Minutes - December 1, 1998 Page 3 PUBLIC HEARING: ASSESSMENT/IP98-I3 AND 98-I3A/FOX MEADOWS Mayor McKelvey opened the hearing for public input. There was none. Motion by Kunza, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 7:20 p.m. Motion by Dehn, Seconded by Knight, approving the Resolution adopting the assessment roll for improvement of streets, Project 98-13 and IP98-13A, Fox Meadows. (Resolution R240-98) Motion carried unanimously. 7:21 p.m. PUBLIC HEARING: STREET LlGHTING/IP98-24/RED OAKS MANOR 4TH ADDITION Mayor McKelvey opened the hearing for public testimony. There was none. Motion by Dehn, Seconded by Kunza, to close the public hearing. Motion carried unanimously. 7:21 p.m. Motion by Knight, Seconded by Dehn, the Resolution presented ordering the improvement of street lighting, Project 98-24, Red Oaks Manor. (Resolution R241-98) Motion carried unanimously. 7:22 p.m. UPDATE RESIDENTIAL DEVELOPMENT PROJECTS FOR 1999 Mr. Carlberg updated the Council on the status of the development projects scheduled for 1998 and those proposed for 1999. Andover's Development Policy Guidelines require all plats to be approved by December 31 to develop the following year. I) Shadowbrook - The preliminary plat was approved in May, 1996. There have been yearly extensions of the plat. A revised preliminary plat for Shadowbrook 5th Addition was submitted on November 2. A public hearing is scheduled before the Planning Commission on December 8, and the Council would act on it on January 5, 1999. 2) Nova 7 and Camp 9 - These were scheduled to develop in 1999. They will not be ready to go in 1999, and the request is to add those two parcels to the six acres below in Shadowbrook to develop in the year 2000. 3) Winslow Hills - The property was scheduled to develop in 1998. Plans have not been received to date. Development may have to be placed in the year 2000 time frame. .---- Regular Andover City Council Meeting Minutes - December 1, 1998 Page 4 (Update Residential Development Projects for 1999, Continued) 4) Sophie's South - The property was scheduled to develop in 1998. The Council may wish to consider placing it in the year 2000 development time frame. 5) Chesterton Commons - The preliminary plat was conditionally approved by the Council in March, 1998. A revised preliminary plat was submitted to the City on October 20, 1998, and is scheduled to be heard by the Planning and ZOlÚng Commission on December 22. It was originally scheduled for December 8, but the legal description had to be corrected and the item re-advertised. The developer is requesting a commercial zone on five acres and has requested it be placed on the December 15 City Council agenda. Ifnot, the developer is requesting the Council hold a special meeting the end of December after the December 22 Planning Commission meeting to act on the revised preliminary plat. Staff expects the plat to develop in 1999 provided the drainage issue can be worked out with the Hamilton Square project. 6) Cambridge Estates - The property was scheduled to develop in 1998 but did not because utilities were not available. The preliminary plat was approved on May 5, 1998, and is ready to development in 1999. 7) Chesterton Commons North - The preliminary plat was approved on June 2, 1998, and is scheduled for development in 1999 provided utilities are available ITom the south. 8) Grey Oaks - The preliminary plat was submitted on October 21 and a public hearing was held on November 24. The PlanlÚng Commission tabled the item plus the Special Use Permit for the PUD. It will be revisited on December 8. The developer is requesting the preliminary plat and Special Use Permit be placed on the December 15 Council agenda for consideration or hold a special meeting the end of December. 9) Fox Hollow (former Burr Oaks Run) - The preliminary plat was submitted to Staff on November 17, 1998. The earliest public hearing date before the Planning Commission is December 22, then it can be reviewed by the Council at its third meeting in January. The issue is the December 31 deadline. How does the Council want to handle this to develop in 1999? 10) Rosella's property, southwest Andover - One parcel was scheduled to develop in 1998 and the other in 1999. Plans have not been submitted to date. The Council should consider whether to move these parcels to the year 2000 for development. There was a lengthy discussion on the issue of extending the deadline past December 31. Councilmembers were ITustrated because there has been this problem every year since the deadline was approved. By hurrying the plats through, mistakes are made. There is also the issue of setting a precedent. If the deadline is waived for this year, how can it be held to in the future? Mr. Carlberg stated Staff has put those plats submitted in October and November on the fast tract in an attempt to meet the December 31 deadline. The deadline was talked about mid-year, and Staff has sent . - .. -- .._~ - - ---- I Regular Andover City Council Meeting Minutes - December 1, 1998 Page 5 (Update Residential Development Projects for 1999, Continued) letters to the developers and worked with them in an effort to have that deadline met. He sent all developers a letter on September IS reminding them of the need to get their plats in and approved by December 31. He explained ideally plats should be submitted by July 1 so they can be ready to go the following year. The question is if the hearing on the plats are held in December and the Council approves them in January because of scheduling, does it meet the intent of the policy? Councilmember Dehn was concerned that putting the plats on a fast track means the neighborhoods do not have as much of an opportunity for input. Mr. Carlberg explained the timing and public input is dictated by State law, so the same time frame for the hearing process would be in place, It is the Staff's review of the project that is cut down. U suaIly it takes two to three reviews before they are comfortable with it. Councilmember Orttel stated last year he had suggested a mid-year deadline be set in which plans would be submitted for construction the following year. Then this year-end crunch would be avoided. He also noted that it takes more time for a plat to go through the process now because there are more drainage, soils and engineering issues. There are also unforseen items that cannot be predicted such as a plat being tabled by the Planning Commission or Council. Councilmember Kunza was ITustrated that this is the third year of the policy and developers are still coming in late. If an extension is made this year, he felt it will not be possible to adhere to the policy in the future. Discussion was also on the potential ways to service the Grey Oaks and Fox Hollow plats with sanitary sewer, the areas remaining to be developed, how the running of trunk sewer lines affects the existing ag preserve areas, that it is not feasible to run sewer past 2 Yl-acre lot developments as they are considered fully developed, and the inability to pay to run a sewer line up Nightingale. There was also a concern with the surge in development in 1999 because many of the properties slated for 1998 projects were not developed. The intent in setting the yearly development schedule was to avoid such spikes of development in one year. Councilmember Orttel felt that an overabundance oflots for sale will result in lower quality building and will have an overall negative impact on the City. He didn't want to see that happen. Councilmember Knight also pointed out it puts a great strain on the Staff as well. Mr. Fursman stated ITom the Staff's perspective, the biggest concern is not so much that everything be approved by December 31, though they are trying to get everything done by then. But if the timing is such that the plat would be approved in January, they would rather have that extra month for review than have everything in before the end of the year. Mr. Carlberg noted Grey Oaks and Fox Holloware the two plats scheduled for 1999 development that are in question for meeting the December 31 deadline. Both are scheduled for public hearings in December; but they would be more comfortable with additional time to review them. All of the others are revised preliminary plats. Mr. Erickson didn't see a big problem with extending the approval of the preliminary plats into January, 1999. If extended beyond February or March, then there would be problems. Mr. Fursman agreed that consideration should be given to setting a date for submittal of the preliminary plats. Mr. Erickson agreed but felt the December 31 deadline would still be needed. . . ~. - ~ .-- - -- I Regular Andover City Council Meeting Minutes - December 1, 1998 Page 6 (Update Residential Development Projects for 1999, Continued) Jerrv Windschitl. Ashford Development and Chesterton Partnership - stated his plats have been submitted and they are on the time clock. Grey Oaks would have normally gone to the Council on time this year, but the Planning Commission tabled it, asking for more information relating to the comparison of the POD request with the M-2 zone. As he reads the ordinance, the information they are asking for was not required, but he is collecting that data for them. He is asking that the plat stìll be placed on the December 15 agenda, which is one week after the Planning Commission hears the item again. Assuming they forward it to the Council, it is not an unusual procedure for an item to proceed to the next Council agenda. In order to do so, he understands the Council's approval is needed. Or he asked the Council to hold a special meeting the end of December, which was done in the past. Councilmember Orttel stated holding a special meeting the end of December would be only move the item up one week to meet a deadline. Mr. Windschitl - stated his other request is to place the drainage issue involving Chesterton Commons and Hamilton Square on the December 15 City Council agenda in an attempt to finalize the issue before the new Council comes on board. The issue is very involved and there is a lot of background information that would be time consuming for a new Council. He also stated that Staff has tried to keep the developers informed and to get information to them in a timely manner. Mr. Carlberg stated the Chesterton Commons plat wìll be heard by the Planning Commission on December 22, which is after the December 15 Council meeting. The Council had stated they would not consider the rezoning for commercial in that plat until the drainage issue with Hamilton Square has been resolved. He did not believe that issue is resolved yet. Dave Elliott - represented a group of citizens concerned with pushing things through too fast. They were at the public hearing for Grey Oaks a week ago; and until then they were not aware of the proposed development. That plat was tabled at the Planning Commission last week, and they were concerned when they heard there was going to be a request to push it through the Council's next meeting. He presented a letter stating the group's position. They do not want to stop development, but they were unaware of the proposals and they want to make others aware of it. Erin Meagher - stated the letter has a list of collective thoughts of the people at a meeting last night relative to the development in the City. Very few people were aware that Grey Oaks had been rezoned. He purchased his property understanding the property was zoned residential and that it would always be so. They are going on record as opposing that development and they want to see it developed within the guidelines they had anticipated when they invested in their own properties, which is residential housing. They also want to make sure the developments are not pushed through just to meet the deadline to develop in 1999. They feel strongly that it would be a mistake to push the Grey Oaks development through given the complexity and number of issues that stìll need to be worked out. The development will impact their property values and the schools, and those issues cannot be resolved in a few weeks. Their ultimate objective is to gather enough support to have Grey Oaks rezoned back to its previous residential zoning. They also hope to increase awareness in the broader community as to the impact of this development. . . ." ~- I , Regular Andover City Council Meeting Minutes - December 1, 1998 Page 7 (Update Residential Development Projects for 1999, Continued) Alden Pearson. n;presentin~ the Hamiltons - felt the question posed by Mr. Windschitl to add the drainage issue between Chesterton Commons and Hamilton Square to the December 15 agenda is not germane to this agenda item. His client wants the drainage issue resolved, but they haven't been presented with a preliminary plat yet from Mr. WindschitL Mr. Carlberg stated he gave the plat to Mr. Hamilton in person. Mr. Pearson - after conferring with Mr. Hamilton stated the preliminary plat indicates potential options for drainage. They understood Mr. Windschitl was going to contact them regarding the options and they would agree or not. They haven't been contacted. Mayor McKelvey understood the Hamiltons were to comment on the drainage proposals. He is told Staff has received no comments ITom them. He suggested the Hamiltons contact Mr. Carlberg to get this issue resolved. Mr. Pearson - apologized for their misunderstanding. They didn't know when given the plat that they were to decide on which option they wanted. They will review the plat and get their comments to Staff. Again, he worried about the procedure and scheduling this issue under this agenda item. Councilmember Orttel disagreed, that anyone can ask to be placed on an agenda and that it is dealing with the development issues. Mr. Windschitl - stated he delivered the plat to the City and was informed by Staff it was also delivered to the Hamiltons the same day. He has made weekly checks with Mr. Carlberg and Mr. Erickson to see if there has been any response. He is not obligated to design a storm sewer for the Hamiltons. The Council stated the Hamiltons are now aware and will be responding. Winslow Holasek. 1159 Andover Boulevard - felt the City needs to take part of the blame for the lack of development in 1998 and the spikes of development that appear to be coming. They were ready to go with the development of Winslow Hills 4th in 1994 and 1995; and it would have been developed by now but services are not available because the consulting engineer changed the storm sewer and sanitary sewer plans. Now it is holding up both the development of Winslow Hills 4th and Sophie's. The sanitary sewer isn't deep enough now, thinking the engineering firm failed the City miserably. He also related several other changes that were made in development proposals which affects present and future developments. The City has to take part of the blame for the problems encountered on the development issues, as he would have liked to develop Winslow Hills 4th. The discussion returned to the issue of the Grey Oaks PUD development and the residents' desire to have the rezoning and development returned to an R-l residential zone. They were also concerned with the impact that high density development will have on them in terms of traffic, emergency issues and property values. The Council went into detail as to how the Grey Oaks parcel came to be zoned M-2, the change in State law which required cities to consider the Comprehensive Plan as the law for development, the Metropolitan Council's desire for higher density housing and Andover's relatively low housing density, that it would be unlikely that zone on the property would . - .- ~- "-- - I Regular Andover City Council Meeting Minutes - December 1, 1998 Page 8 (Update Residential Development Projects for 1999, Continued) revert back to residential, that even residential would be at the R-4 density because it is in the MUSA, and that senior citizens are great neighbors. Tony Howard - asked how the housing in Grey Oaks will be regulated to be sure it is for the elderly. The Council explained there will be an association and covenants that regulate the development. It is being designed for the empty nesters, though assisted living is not being provided. Studies have shown there is a need for such housing in the Andover area. The RV storage was suggested by the City because many of the residents may own RVs and travel south for the winder. The path to the school was suggested by the school district. The intent was to allow the seniors access to the swimming pool and to the school, as they are a great source of volunteers for the schools. The Council assured the residents that the selÚor housing is the only way they would allow such density. The City is not set up to have apartments, as the employment and transportation opportunities simply are not available. Residents again noted they purchased their properties on the premise that the surrounding property was zoned residential. They wanted the M-2 zone returned to residential. The Council continued to explain the position of the Metropolitan Council for higher density developments; the push for affordable living housing in the metropolitan area but Andover has refused to join the livable commumties act; that it is unlikely Andover would be allowed to rezone that parcel without a trade for an M-2 zone somewhere else in the City; that there really is no other place for that zone; that denying the PUD for senior housing would mean reverting to an M-2 development, which could mean apartment buildings on the parcel; that there is little the Council can do but approve the development if it meets the zone requirements though some of the detail can be negotiated because it is being developed as a PUD and that the Council is being assured the Grey Oaks development will be senior housing. Mr. Meagher - understood there has been a lot of consideration on this and realizes it is a complex issue. The Council brought up many valid points. Their concern is the density and the impact on neighborhood concerns. They will work with Staff. The Council suggested they bring their concerns to the public hearing by the Planning Commission next week. They also urged them to get involved with the Metropolitan Council regulations and the State legislature. Mike Gelson. Wittin~on Ridge - compared the City's surprise by the statute that the Comprehensive Plan was to become the law with the neighboring residents' surprise to find this property had already been zoned M-2. He wanted to know how it can be returned to R-l. The proposal calls for a three- story high-rise within 600 feet of his property. The Council again stated at the very least, it would be rezoned to R-4 because the area is in the MUSA and has been slated for that residential density for many years. However, they again explained the chances of changing the M-2 zone at all are very remote, feeling a PUD senior housing development is preferable to rental apartments. The Council negotiated to get the best thing, knowing the City would have to have some high density development. They suggested the neighbors negotiate the best deal they can on the proposed project. . . ~ - _0" .-- - .-- I Regular Andover City Council Meeting Minutes - December 1, 1998 Page 9 (Update Residential Development Projects for 1999, Continued) Bob? - thought the PUD shows IS townhomes by his property. Will all this be homestead property? The Council understood some will be rental for seniors. The remaining townhome and single family homes will be geared toward the empty nester market. Federal law prohibits putting age restrictions on marketing housing. Russ? . IS744 Ni¡¡htingale - appreciated the development placing the multiple dwellings toward the Hanson Boulevard side and the single family houses on the Nightingale side. But while there are technically single family dwellings, they are not detached, and it doesn't have the look and feel of single family dwellings. They are concerned with accomplishing that transition from single family to multiple within the current plat. He is concerned with the method of transition, as it seems like a lot of people will be crammed into that area. The Council felt that should be looked at, as they were under the impression that most of the multiples were in the interior. The Council discussion returned to the action to be taken on the Fox Hollow and Grey Oaks plats. Attorney Hawkins advised that because both plats have been submitted and are in the process, that they must be treated the same. The Council noted the issue of whether to honor Mr. Windschitl's request to put his items on the December IS agenda, to hold a special meeting the last week in December to act on the plats, or to carry the plats over to January, 1999. Motion by Dehn to extend the time fTame until July 1,1999, for the two plats of Grey Oaks and Fox Hollow. There was no Second. Councilmember Dehn explained six months would allow time for the Staff to review the developments plus would allow time for the neighborhood to work out their issues. Mr. Carlberg stated the plats that are in process will be before the Council in January barring any issues at the P & Z. While Councilmembers Knight and Kunza questioned the wisdom of extending the deadline, especially since this is the third year of that requirement, Councilmember Orttel felt the major difference is that the Staff is asking for more time to review the plats. The plats meet the technical requirements, as both plats could be approved by the end of the year. But the residents are asking for an extension, Staff is asking for an extension, and the City Attorney has said both plats need to be treated the same. That is why he supports extending the December 31 deadline. Motion by Orttel, Seconded by McKelvey, to extend the time frame for the two plats of Grey Oaks and Fox Hollow with a January 31 deadline for the approval, and setting July 1 as the submission date for future plats. Motion failed on a 2-Yes (McKelvey, Orttel), 3-No (Dehn, Knight, Kunza) vote. Motion by Dehn, Seconded by Orttel, to extend the time fTame until July 1, 1999, for Grey Oaks and Fox Hollow with all negotiated in a more neighborhood-mendly type atmosphere; and also the next guideline deadline would be July I for the submission of plats for the year 2000 development. Only these two plats can be extended because they technically could have been completed within 1998 but additional time was needed per Staff request. Motion carried on a 3- Yes, 2-No (Knight, Kunza) vote. . . ~. ~~ ..- ~ . I, Regular Andover City Council Meeting Minutes - December 1, 1998 Page 10 (Update Residential Development Projects for 1999, Continued) Based on the motion, Mr. Windschitl's request regarding Grey Oaks is not needed. With the hearing on Chesterton Commons plat scheduled for December 22, the Council felt it would be hard to consider the rezoning on December 15 prior to the revised preliminary plat hearing. They suggested Staff talk with Mr. Windschitl again. If he wishes to have the item on the December 15 agenda, the Council will act, though it may simply be to continue it until after the first of the year. Councilmember Orttel also suggested that in the future, the City install large signs on property that is being considered for rezoning to inform the public. Mr. Carlberg stated Staffhas been discussing that. He will look into it further. JOINT POWERS AGREEMENT/YOUTH FIRST CONSORTIUM Julie Johnson - stated they have been working to make people aware of what the organization is doing, and she reviewed some of the programs in place and organizations they work with. Their funding comes ITom cities, different businesses and organizations. They had a large grant to begin the program, which they are still using. She can get a copy of the budget for the Council to view. Mr. Fursman explained there is no proposal for funding at this time, though the Council may want to contribute ITom the additional money from the Building Department at the end of the year. Motion by KIDght, Seconded by Orttel, to approve the Agreement in front of the Council. Motion carried unanimously. DISCUSS SEPTIC DUMP STATION LOCATION ? . 14520 Martin Court - stated he was before the Council a month ago objecting to the location of a septic dump station on the corner of Andover Boulevard and Crosstown Boulevard. He still objects to it, citing several different reasons. Councilmember Orttel stated the Council agrees the site is too close to some residents and has asked Staff to look for another area. ? . 1846 Andover Boulevard - stated his property abuts the proposed site. He is opposed to a dump station at that location. Mr. Erickson reviewed the alternative sites in the City that have been identified as a possible location for a septic dump station. All of them that are away from residential areas are not on high volume lines. There may be a possibility of putting it adjacent to the transmission site on Bunker Lake Boulevard, but that isn't a high volume line either. For now, the Council suggested the item be put on hold and that Staff keep looking for a site. Another option would be to contact Blaine and/or Coon Rapids to see if they would consider a septic dump station in the northern portion of their cities and allowing Andover to rent it. . . ~. ~~ "-- - I Regular Andover City Council Meeting Minutes - December 1, 1998 Page 11 UPDATE/ANDOVER COMMERCIAL PARK (PHASE Il)/IP97-2/GRADING Mr. Erickson updated the Council on the grading of the Andover Commercial Park. The contractor is on site and will begin grading the M. R. Olson site under protest. He noted the problems with the chunks of metal in the concrete, so it cannot be crushed. One proposal to get rid of that clean fill that is affordable is to add to the City's sliding hill in Prairie Knoll park. It would be cost effective and would double the size of the hill. Attorney Hawkins stated he reviewed the request of the contractor for additional damages; however, that will all be negotiated when the project is completed. Motion by Orttel, Seconded by KlÚght, to authorize Staff to proceed with moving the fill within the City if possible and as feasible. DISCUSSION: The Council suggested Staff notifY the residents of the proposal, possibly by with a drop notice at their doors. Motion carried unanimously. ORDER PLANS AND SPECS/IP97-I8/RECONSTRUCTION OF BUNKER LAKE BOULEVARDILANDSCAPING Mr. Erickson reviewed the proposal for a feasibly study for the improvement of landscaping for the Bunker Lake Boulevard reconstruction project. SEH, the engineering firm desiglÚng the project for the county, would identifY landscaping options and costs, addressing types of shrubbery, maintenance issues, irrigation, etc., for the Bunker Lake Boulevard corridor between Hanson Boulevard and Crosstown Boulevard. Motion by Orttel, Seconded by Dehn, the Resolution for the preparation of a feasibility study for the improvement oflandscaping for Project 98-17. (Resolution R242-98) Motion carried unanimously. DISCUSS GAMBLING LICENSES Due to the late hour, Councilmember Orttel suggested this be placed on a future agenda. Council agreed. SCHEDULE INTERVIEWS/PLANNING AND ZONING COMMISSION Motion by Orttel, Seconded by Dehn, to schedule Planning and Zoning Commission interviews between 6 and 7 p.m. prior to the December 15 Council meeting. Motion carried unanimously. HOUSING REMODELING FAIR PARTICIPATION Mr. Carlberg explained the City is asked to participate in a joint housing remodeling fair with the cities of Anoka, Ramsey, Dayton and Champlin, as well as the Anoka County HRA and Anoka Area . . I Regular Andover City Council Meeting Minutes - December 1, 1998 Page 12 (Housing Remodeling Fair Participation, Continued) Chamber of Commerce. The event is tentatively scheduled for Saturday, April 3, 1999, at the Anoka Armory. It would be a benefit to Andover as nearly half of all the homes in the City are 20 years or older and may be in need of repair or remodeling. The City is asked to contribute $1,500 toward operating expenses; however, it is anticipated that half of it or more will be returned because of the booth rental fees charged to vendors. Motion by Knight, Seconded by Orttel, the resolution authorizing participation in the housing remodeling fair. (Resolution R243-98) Motion carried unanimously. ORDINANCE NO. 245/ABANDONED VEHICLES RELATED TO THE EXTERIOR STORAGE OF COLLECTOR/CLASSIC CARSIP & Z RESPONSE Councilmember Orttel was still concerned with the enforcement of this section because there is no definition for classic vehicles. Mr. Carlberg stated under Minnesota Statute, those are cars over 20 years old. Councilmember Orttel noted then one could argue a 20-year-old junker would be a classic vehicle. If Staff doesn't have a problem with it, he will approve it. But he felt it should be monitored, because it could be an issue. Motion by Orttel, Seconded by Kunza, for approval of Ordinance No. 245. Motion carried unanimously. APPROVE ORDINANCE NO. 246/ABATEMENT OF NUISANCES Councilmember Orttel stated tangible personal property is not the only type of nuisance. There is no defilÚtion of nuisance. Mr. Carlberg stated he had the same concern and suggested no action be taken until it can be reviewed. Motion by Orttel, Seconded by Dehn, to table Item 9 for further action. Motion carried unanimously. PA YMENT OF CLAIMS Motion by Kunza, Seconded by Dehn, approval of claims. Motion carried unanimously. Motion by Dehn, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting adjourned at 11:15 p.m. <C ~I~eseectfully~u9f11itted, . ...............-;/ \ \ \LL\,u..L\G.1... CC r{ F<'>'é...L._____- Marcella A. Peach, Recording Secretary ., . .. -. ~~ ..- -,