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HomeMy WebLinkAboutCC June 2, 1998 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - June 2, 199B agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Approval of Minutes minutes Discussion Items 1. Community School Presentation/Nancy Knop school 2. Amendment to Comprehensive Plan/Ashford DevelopmenUSec. 14 amend 3. Rezoning/R-1 to R-4/Ashford DevelopmenUSec. 14 rezon 4. Preliminary PlaUChesterton Commons North ppcheste 5. Declare Dog a Dangerous Dog dog 6. Recreational Fire Discussion fire ConsenUNon-Discussion Items 7. Lot SpliWariance/14269 Woodbine Street NW lotsplit B. Amended SUP 9B-05/Temporary Signs & Banners/ 13727 Hanson Blvd/SuperAmerica sup 9. Approve Garbage Hauler Licenses garbage 10. Approve Summary/Ordinance 233A1Regulating Keeping of Dogs & Catsord233a 11. Approve Ord. No. 22BA AmendmenURegulating Location & Security of Outdoor Res. Swimming Pools & Hot Tubs ord228a 12. Hire Accountant I hire 13. Authorize Change of Dental Insurance Plan dental 14. Award Bid/97-43Narious Trail Improvements bid9743 15. Declare Costs/Order Assessment RolI/97 -51W00dland Estates dclr975 16. Adopt Assessment RolI/97 -51W00dland Estates adpt975 17. Accept Petition/98-13/Fox Meadows pet9813 18. Release Cash Escrow/90-25/Metro. Mosquito Control District escr9025 19. Release Cash Escrow/B8-8/Gld Colony Estates escr888 20. Release Cash Escrow/B7-32/Winslow Hills escr8732 21. Release cash Escrow/92-4/Winslow Hills 2nd Addition escr924 22. Release Cash Escrow/93-5/Winslow Hills 3rd Addition escr935 23. Release Cash Escrow/97-07/Crown Pointe East 2nd Addition escr9707 . 24. Release Cash Escrow/97-0B/Chesterton Commons escr9708 25. Release Cash Escrow/91-27/Meadows of Round Lake escr9127 Mavor/Councillnput Payment of Claims Adjournment __u - ~~- - ..----. .,._. w_ '.. . . ... .' I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 2, 1998 TABLE OF CONTENTS AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONSENT AGENDA Resolution RI02-98 approving lot splitlvariance/14269 Woodbine Street. . . . . . . . . . . 1 Resolution RI03-98 approving amended Special Use Permit 98-0S/Temporary signs and banners/13727 Hanson Boulevard/SuperAmerica ................ 1 Approve garbage hauler licenses (T & R SalÚtation, Williams Pick Up Service) ...... 1 Approve summary/Ordinance 233A/Regulating Keeping of Dogs and Cats. . . . . . . . . . 1 Hire Accountant I (Brian Swanson) .....,........................,........ 1 Authorize change of Dental Insurance plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Resolution R104-98 awarding bid!IP97-43Narious trail improvements ...,........ 1 Resolution RIOS-98 declaring costs/Order assessment rolI/IP97-S/Woodland Estates. . 1 Resolution R 106-98 adopting assessment roll/IP97 -S/W oodland Estates. . . . . . . . . . . . 1 Resolution R107-98 accepting petition/Street improvement/IP98-13/Fox Meadows. .. 2 Release Cash Escrow/IP90-2S/Metropolitan Mosquito Control District ............ 2 Release Cash Escrow/IP88-8/0Id Colony Estates Release Cash Escrow/IP97-32/Winslow Hills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Release Cash Escrow/IP92-4/Winslow Hìlls 2nd Addition ...................... 2 Release Cash Escrow/IP93-S/Winslow Hills 3rd Addition. . . . . . . . . . . . . . . . . . . . . .. 2 Release Cash Escrow/IP97-97/Crown Pointe East 2nd Addition. . . . . . . . . . . . . . . . .. 2 Release Cash Escrow/IP97-08/Chesterton Commons. . . . . . . . . . . . . . . . . . . . . . . . .. 2 Release Cash Escrow/IP91-27/Meadows of Round Lake ....................,.. 2 APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 COMMUNITY SCHOOL PRESENTATIONINANCY KNOP . . . . . . . . . . . . . . . . . . . . .. 2 AMENDMENT TO COMPREHENSIVE PLAN/ASHFORD DEVELOPMENT/SECTION 14 Resolution Rl 08-98 approving the amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 REZONING/R-l TO R-4/ASHFORD DEVELOPMENT/SECTION 14 ............... 3 Resolution to approve the rezolÚng ....................................... 4 PRELIMINARY PLAT/CHESTERTON COMMONS NORTH. . . . . . . . . . . . . . . . . . . .. 4 Resolution R109-98 to approve the preliminary plat . . . . . . . . . . . . . . . . . . . . . . . . . .. S DECLARE DOG A DANGEROUS DOG. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. S Resolution Rll 0-98 declaring biting dog ................................... 6 ANOKA COUNTY JOINT LAW ENFORCEMENT COUNCIL .................... 6 PAY}ÆENTOFCL~S .................................................. 6 MAYOR/COUNCIL INPUT Th~.......................................,.....................6 Development ........................................................ 6 Preliminary budget meeting (June 29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Acoustics in the Council Chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Check washing scam .................................................. 7 159TH A VENUE LITIGATION Motion to approve $2,000 for settlement oflitigation . . . . . . . . . . . . . . . . . . . . . . . . .. 7 ADJOURNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 -~-- ---..-- _~.._ ___'__',h.. _. _~. c '^-V~. ao L(...rL.c.L1:...CA' 1 Co -\Ip-q& CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 2, 1998 MINUTES The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, June 2, 1998, 7:00 p.m., at the Andover City Hall, 168S Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike KlÚght, John Kunza, Ken Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann Community Development Director, Dave Carlberg City AdmilÚstrator, Richard Fursman Others AGENDA APPROVAL Remove from Agenda, Item 6, Recreational Fire Discussion and Item 11, Approve Ordinance No. 228A AmendmentIRegulating Location and Security of Outdoor Residential Swimming Pools and Hot Tubs. Add Item 6, Closed Session with City Attomey/Litigation on IS9th A venue and Item 6a, Anoka County Joint Law Enforcement Council. Motion by Knight, Seconded by Kunza, to approve the Agenda as amended. Motion carried unalÚmously. CONSENT AGENDA Item 7 Lot SplitNariance/14269 Woodbine Street NW (See Resolution RI02-98) Item 8 Amended Special Use Permit 98-0Srremporary Signs and Banners/I3727 Hanson Boulevard/SuperAmerica (See Resolution R103-98) Item 9 Approve Garbage Hauler Licenses (T & R Sanitation, Williams Pick Up Service) Item 10 Approve Summary/Ordinance 233NRegulating Keeping of Dogs and Cats Item 12 Hire Accountant I (Brian Swanson) Item 13 Authorize Change of Dental Insurance Plan Item 14 Award Bid/IP97-43Narious Trail Improvements (See Resolution RI04-98) Item IS Declare Costs/Order Assessment Roll/IP97-S/Woodland Estates (See Resolution RI0S-98) Item 16 Adopt Assessment RolVIP97-S/W00dland Estates (See Resolution RI06-98) .. . - -. - --.---. . _. ~- Regular Andover City Council Meeting Minutes - June 2, 1998 Page 2 (Consent Agenda, Continued) Item 17 Accept Petition (Street Improvements)/IP98-13/Fox Meadows (See Resolution RI07-98) Item 18 Release Cash Escrow!IP90-25/Metropolitan Mosquito Control District Item 19 Release Cash Escrow/IP88-8/0Id Colony Estates Item 20 Release Cash Escrow!IP97-32/Winslow Hìlls Item 21 Release Cash Escrow!IP92-4/Winslow Hills 2nd Addition Item 22 Release Cash Escrow!IP93-5/Winslow Hìlls 3rd Addition Item 23 Release Cash Escrow!IP97 -97 /Crown Pointe East 2nd Addition Item 24 Release Cash EscrowIIP97-08/Chesterton Commons Item 25 Release Cash Escrow/IP91-27/Meadows of Round Lake Motion by Kunza, Seconded by KlÚght, approval of the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES May 18, 1998, Regular Meeting: Correct as written. Motion by Kunza, Seconded by KlÚght, for approval. Motion carried on a 4- Yes, I-Present (Dehn) vote. COMMUNITY SCHOOL PRESENTATIONINANCY KNOP Nancy Knop, CommulÚty School Coordinator, thanked the Council for its continuing support and reviewed the annual report for 1997-1998 of the Andover, Crooked Lake and Oak View CommulÚty Schools. With the addition to the Andover Elementary School and the Oak View CommulÚty School, they have been able to add teen and atWetic programs throughout the year. They have served 5,000 youth, 3,000 teens and 1300 adults during the school year, plus they have experienced a large increase in facility use. Priority has been given to serving the atWetic associations and Andover residents. The number of participants dropped by about 500 because of the closing of Crooked Lake School for several months due to mold problems. Ms. Knop highlighted some of the programs and changes in staff and explained the CommulÚty School Office was also responsible for activities and enrichment programs for five days when the mold problem was first discovered at Crooked Lake School. Carolynn Meints, Programmer at Crooked Lake School, also reviewed some of the classes and activities offered at Crooked Lake. Councilmember Orttel asked about the after -school activities and enhancing the Youth First program. Ms. Knop explained the majority of activities they sponsor are right after school. After the activities, Regular Andover City Council Meeting Minutes - June 2, 1998 Page 3 (Community School Presentation/Nancy Knop, Continued) the parents pick up the children at the elementary school. At the middle school, activity buses are provided Monday through Thursday. A majority of the students don't participate in athletic events, so they would like to offer other activities as well. They are currently working on a program for the fall for those students not interested in athletics. The media center is open after school if a Staff member is with the students. Councilmember Knight asked if food is provided for after-school activities. Ms. Knop stated not at this time, but the middle school students would like to open a concession stand. The two drawbacks are the disposal and the type of snacks. They have a concession stand available to them; it is a matter of getting it operated. Proposals have been presented to all middle schools to allow a pop company exclusive rights to sell in the schools; but the principal wants to look at other options first. Mayor McKelvey thanked Ms. Knop for her efforts. AMENDMENT TO COMPREHENSIVE PLAN/ASHFORD DEVELOPMENT/SECTION I4 Mr. Carlberg reviewed the amendment to the Comprehensive Plan on approximately 1.92 acres located on Block 1 of the proposed Chesterton Commons North subdivision in Section 14 being developed by Ashford Development Corporation. The amendment will expand the Metropolitan Urban Service Area to include that land plus change the Comprehensive Land Use District designation from RR, Residential Rural to RU, Residential Urban Single Family. The Planning and Zoning Commission has recommended approval. He has talked with representatives at the Metropolitan Council who have indicated they would give approval; and because it is a minor amendment, it can be approved in about ten days. Motion by Dehn, Seconded by Orttel, to approve the Resolution as presented before us insuring the absolute confirmation ITom the Metropolitan Council in regard to this. (See Resolution R108-98) Motion carried unalÚmously. REZONING/R-I TO R-4/ASHFORD DEVELOPMENT/SECTION I4 Mr. Carlberg reviewed the request of Ashford Development Corporation to rezone approximately 22.39 acres from R-I, Single Family Rural to R-4, Single FarlÚly Urban. The property is the proposed Chesterton Commons North development, a 47-lot single family detached subdivision located in Section 14. The PlanlÚng and ZOlÚng Commission voted 3-Yes, 2-No, 2-Absent to approve the rezoning, citing concerns of increased density, traffic and availability of mUlÚcipal services. In 1991 a complete traffic study was done which included the county road system and Highway 10 for the transportation study. The Metropolitan Council is aware of the traffic being generated; and the City's development phasing map takes into consideration all traffic that will be generated. That phasing map was reviewed and approved by the Metropolitan Council. The county is also aware of the increased density because the City submits the plats to them. . . -..- ----- .._-,- _~ - _-0 ___ _ ___. _ Regular Andover City Council Meeting Minutes - June 2, 1998 Page 4 (Rezoning/R-l to R-4/Ashford Development/Section 14, Continued) The Council had a lengthy discussion on the traffic concerns, especially on the county roads, the costs to upgrade those roads, the indications of the county for City participation in those upgrades, the desire to keep both Hanson Boulevard and Bunker Lake Boulevard limited access roads, the need to look at one or two either under- or over-passes on Hanson Boulevard to move pedestrian traffic rrom the residential areas on the east side to the schools and parks on the west side of the road, and concerns of speed and safety. These issues were discussed again in the next item, the preliminary plat of Chesterton Commons North. Motion by KlÚght, Seconded by Dehn, to approve the ordinance amending Ordinance No.8, Section 6.03, Zoning District Map. Motion carried unanimously. PRELIMINARY PLAT/CHESTERTON COMMONS NORTH Mr. Carlberg reviewed the prelirlÚnary plat for Chesterton Commons North in Section 14, Township 32, Range 24 as requested by Ashford Development Corporation, Inc. The plat consists of 47 single family residential lots on 22.39 acres. He then reviewed the variances being proposed: A. A 15-foot variance ITom Ordinance No. 10, Section 9. 06A 1 and Section 4 for Lot 8, Block 2, as the lot will not meet the 100-foot buildabìlìty requirement due to the wetland delineation. B. A variance for lot depth and lot width for Lot 7, Block 4 and Lot 1, Block 5. The PlanlÚng and ZOlÚng Commission directed the developer to shift lot lines to eliminate the variances, which has been done on the plat before the Council. Those variances are no longer necessary. C. A variance allowing three outlots. The Planning and Zoning Commission directed the developer to combine the proposed outlots to the property to the north to eliminate the need for a variance. D. A variance to Ordinance No. 10, Section 9.06(F) for Lots 103, Block 2 to allow double frontage lots. The PlanlÚng Commission recommends approval but that the lots front on 159th Avenue NW. E. A variance ITom the construction of temporary cul-de-sacs for the continuation of streets because the property to the south, Cambridge Estates, will be developing at the same time or earlier in 1999, so those cul-de-sacs will not be necessary. F. A variance to allow for the use of a certified geotechlÚcal engineer to establish the lowest floor elevation based on the estimated groundwater level and waiving mottled soil requirements. While this should be noted in the Resolution, Mr. Carlberg suggested it is not a variance. Regular Andover City Council Meeting Minutes-June 2,1998 Page 5 (Preliminary Plat/Chesterton Commons North, Continued) Mr. Carlberg also noted the comments of the Andover Review Committee regarding sidewalks and trails. Because the ultimate MUSA boundary has not yet been determined, Staff is suggesting the necessity of the bikeway/walk:way trail along Hanson Boulevard be determined at a later date. If the MUSA is expanded up to CoRd 20, it makes sense to have a trail north along Hanson to CoRd 20, along CoRd 20 to the railroad tracks, then south. There are also some minor housekeeping items that need to be taken care of on the preliflÚnary plat. The Council asked about the ability to extend a trail through the development to the south. Mr. Erickson stated the Staifis looking at the possibility of a bridge or walkway over the ditch to provide access to the south. The Council also noted there are no parks in this area. There are larger park facilities provided in the area, but there is nothing north of the ditch for the smaller children. They asked the Park and Recreation Commission to discuss it further. The Council again discussed transportation and pedestrian traffic concerns. Councilmember Dehn suggested priority be given to looking at the overall issues, including contributing toward traffic signals and the upgrading of county roads. They also asked Staff to look at costs for both an under-pass and over-pass across Hanson Boulevard and look at the possible need for two crossings, one at each of the schools. The issues should also be discussed with Anoka County since it is a county road. Mr. Erickson stated they will look at estimated costs and options and bring that information back to the Council. Mr. Carlberg suggested a change in the prepared Resolution, that Item 10 state the developer is utilizing a certified geotechnical engineer to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirement. Motion by Dehn, Seconded by Kunza, to approve the Resolution approving the preliminary plat of Chesterton Commons North. (See Resolution RI09-98) Motion carried unalÚmously. DECLARE DOG A DANGEROUS DOG CI&yton Steffensen 15411 Nightingale Street NW - stated he is the owner of the dog which bit the woman who walked in front of their house. It is a three-year-old which just had a litter of puppies. She has never bitten anyone before, and he felt the dog was being very protective of the house since having the puppies. He also felt the dog wìll mellow out once the puppies are gone. Councilmember Dehn asked if the dog was kept on a leash or in a controlled area. The leash lash is to protect both the homeowner and anyone else in the area. Mr Steffensen - stated they have extended the fence along the road, but they will have to do something better. They try to keep her in the house when they are not around. He asked for a copy of the City's leash law. He expressed sorrow for what happened and hoped it will never happen ~ 0_' ~.. u_ .0--'- Regular Andover City Council Meeting Minutes - June 2, 1998 Page 6 (Declare Dog a Dangerous Dog, Continued) again. Attorney Hawkins stated because the new law regarding dangerous dogs was not in effect at the time of the biting, this will be under the old ordinance and the dog should be declared a biting dog. Councilmember KIDght strongly suggested he keep the dog penned rather than tied up, as they tend to become more aggressive when on a chain. Mr. Carlberg stated Mr. Steffensen will be provided a copy of the new dog ordinance. Motion by Orttel, Seconded by Kunza, the prepared Resolution changing "dangerous dog" to "biting dog" in both the title and in the paragraph beginning with "Now, Therefore, Be It Resolved..." (See Resolution RII0-98) Motion carried unanimously. ANOKA COUNTY JOINT LAW ENFORCEMENT COUNCIL Mr. Fursman stated he has been talking with the Anoka County Sheriff Department about gailÚng representation on the Anoka County Joint Law Enforcement Council. He understands that the City would now be eligible. Apparently that Council is talking about staffing at the investigative level and looking at Andover now receiving services in excess of what other cities receive. He felt it is inappropriate to have that component discussed without representation from the City of Andover. The Council asked Staff to investigate how this Joint Law Enforcement Council was established and what authority they have. Are they advisory or can they institute policies? They asked that Staff report back as soon as possible. PAYMENT OF CLAIMS Motion by Knight, Seconded by Kunza, approving the payment of claims. Motion carried unanimously. MAYOR/COUNCIL INPUT Traffic - The Council agreed an overall plan is needed to resolve some of the traffic issues, including costs for a traffic engineering firm to look at future needs and to work with the county. Mr. Carlberg stated he would look at whether or not CDBG funds could be used in some instances. Councilmember Dehn suggested Staff look for grant molÚes. Development - Councilmember Orttel stated it appears there will be little development this year. His concern was that there wìll be double the work load for 1999 and the Staff's ability to handle it. The Council noted mistakes are often made when items come in at a rush in the eleventh hour. Mr. Carlberg stated Statfis planning now and wìll be meeting with the developers shortly regarding future development. Mr. Erickson stated it could be a big year for development in 1999. - --. -. ... - ~. --- -.-..- Regular Andover City Council Meeting Minutes - June 2, 1998 Page 7 (A.1ayor/Council Input, Continued) Preliminary budget meeting - Mr. Fursman asked that a special meeting be held the last week in June regarding the proposed 1999 budget. The Council agreed to meet on Monday, June 29, 1998, 7 p.m. to review the proposed budget. Acoustics in the Council Chambers - Council again noted that people watching the meetings on cable are unable to hear, especially those ITom the speakers' podium. Discussion was on options to correct the problem. Mr. Fursman stated the electrical contractor was here today and will be installing overhead lighting over the Council. The Council asked that someone get the microphone working at the podium. Check washing scam - Councilmember KlÚght wanted people to be aware that people are stealing mail from mailboxes, washing the checks, rewriting them, then cashing them for large amounts of money. He had two unauthorized checks cashed within two hours for very large amounts of money. It is the newest crime and is showing up everywhere. The meeting was recessed at 8:45 to hold a closed session with the City Attorney on the 159th Avenue litigation; reconvened at 9:00 p.m. 159TH AVENUE LITIGATION Motion by Orttel, Seconded by KlÚght, that the Council approve a $2,000 settlement to settle the 159th Avenue litigation. Motion carried unalÚmously. Motion by Kunza, Seconded by Dehn, to adjourn. Motion carried unalÚmously. The meeting adjourned at 9:04 p.m. Respectfully submitted, ~~~l Recording Secretary - ~ ~.____ _._.0_- ~._-- ---