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HomeMy WebLinkAboutCC February 16, 1999 o.:O'i \ \..~* ,-;;1. ¡qq CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, February 16,1999 agenda Call to Order - Following EDA Meeting held at 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Cedar Creek Corridor Study Presentation! Anoka County Parks Department corridor 2. Comprehensive Plan AmendmentfRR to RU & RMlFox Hollow/Gor-em, LLC. rr 3. RezoningIR-1 to R-4 & M-IlFox Hollow/Gor-em, LLC. rezone 4. Special Use Perrnit/PUDlFox Hollow/Gor-em, LLC. suppud 5. Preliminary PlatIFox Hollow/Gor-em, LLC. ppfoxhol 6. Accept Petition!Order Feasibility Report/98-271F0x Hollow pet9827 7. Order Plans & Specs/98-1 I/Jay Street Landscaping ord9811 8. Order Plans & Specs/98-22/Wellhouse #7 ord9822 9. Development Policy Guideline policy O. Discuss Geotechnical Report/Woodland DevelopementlTimber River EstateslL-2, B-5I2b5 Non-Discussion Items I I. Approve 1999 Animal Control Contract animal 12. Approve Probationary PeriodIM. Hartner/Sec.-Receptionist hartner 13. Reduce Letter of Credit/Developer Improvements/Timber River Estates loctimbe 14. Reduce Letter ofCredit/Developer Improvements/Woodland Estates locwoodl 15. Accept Feasibility Report/Order Plans & Specs/98-36/Chesterton Commons North acpt9836 16. Approve Plans & Specs/99-3/Crack Sealing appr993 17. Approve Plans & Specs/99-4/Seal Coating appr994 18. Update of Maintenance of School Fields by Public Works fields 19. Authorize Drilling of Test Well/Well #8/99-8/Grey Oaks auth998 20. Approve No Parking Resolution!98-17/Bunker Lake Blvd. no park 21. Order Revised Feasibility Report/98-34/Chesterton Commons 3rd Addition! ord9834 Include Cost for Liftstation 22. Update on Radium Testing/98-15 updt9815 23. Approve Funding SplitlFinancing Proposal/98-1 7/Bunker Lake Boulevard Trail funds pIt 24. Approve Final Payment/97-46/Wellhouse #6 appr9746 25. Authorize Application for S.U.P.lSliding Hill/City Parcel South of WOE Site/99-7 auth997 26. Order Feasibility Report/98-19/14223 Quay Street NW ord9819 27. Approve Feasibility Report/Order Public Hearing/98-19/14223 Quay Street NW appr9819 '8. Approve Ordinance No. 250, Transient Merchant ord250 ~. . . . Page Two ~egular City Council Meeting Tuesday, February 16, 1999 29. Approve Ordinance No. 251, Unneccessary Acceleration ord251 30. Approve Ordinance No. 252, Street Lights ord252 3 I. Approve Ordinance No. 253, Exotic Animals ord253 32. Approve Ordinance No. 222A, Adult Uses ord222a 33. Approve Ordinance No. 89A, Repealing Ordinance No. 89, Contagious Diseases ord89a 34. Reduce Letter ofCredit/87-27/Woodland Creek loc8727 35. Reduce Letter ofCredit/92-20/Woodland Creek 3rd Addition loc9220 36. Purchase Used Sweeper sweeper 37. Approve HiringlPublic Works Park Maintenance Employee hirepark 38. Amend Ordinance 205 ord205 39. Approve Resolution Supporting Central Anoka County Regional Trail restrail Mayor/Council Input Payment of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 16,1999 TABLE OF CONTENTS RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Approve 1999 Animal Control contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve probationary periodIM. Hartner/Secretary-Receptionist . . . . . . . . . . . . . . . . .. 2 Reduce Letter of Credit/Developer ImprovementslTimber River Estates ............ 2 Reduce Letter ofCredit/Developer Improvements/Woodland Estates .............. 2 Resolution R040-99 accepting feasibility/Order plans and specsIIP98-36/ Chesterton Commons North ........................................... 2 Resolution R041-99 approving plans and specsIIP99-3/Crack sealing. . . . .. . . . . . . .. 3 Resolution R042-99 approving plans and specsIIP99-4/Seal coating ............... 3 Authorize drilling of test weIVWell #8IIP99-8/Grey Oaks ....................... 3 Resolution R043-99 approving no parkinglIP98- I 7/Bunker Lake Boulevard. . . . . . . .. 3 Resolution R044-99 ordering revised feasibilityIIP98-34/Chesterton Commons 3rd Addition/Include cost for lift station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Update on radium testinglIP98- 15 Approve funding split/Financing proposallIP98-1 7/Bunker Lake Blvd Trail. .. .. . . .. 3 Resolution R045-99 approving final paymentlIP97-46/Well house #6 .............. 3 Authorize application for Special Use Permit/Sliding hill/South ofWDE site/IP99-7 .. 3 Approve Ordinance No. 250, Transient Merchant . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Approve Ordinance No. 251, Unnecessary Acceleration. . . . . . . . . . . . . . . . . . . . . . . .. 3 Approve Ordinance No. 252, Street Lights ................................... 3 Approve Ordinance No. 222A, Adult Uses. . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . ... 3 Approve Ordinance No. 89A, Repealing Ordinance No. 89, Contagious Diseases. . . .. 3 Reduce Letter ofCreditlIP87-27/Woodland Creek ............................. 3 Reduce Letter ofCreditlIP92-20/Woodland Creek 3rd Addition .................. 3 Purchase used sweeper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Approve hiring Public Works park maintenance (Gerald Schandler) ............... 3 Amend Ordinance 205, Building codes ...................................... 3 Resolution R046-99 supporting Central Anoka County Regional Trail ............. 3 APPROVAL OF MINUTES .................................................. 3 CEDAR CREEK CORRJDOR STUDY PRESENTATION/ANOKA COUNTY PARKS .. 4 COMPREHENSIVE PLAN AMENDMENTIREZONING/SPECIAL USE PERMIT--PUD/ PRELIMINARY PLAT/ACCEPT PETITION--ORDER FEASIBILITYIIP98-27-- FOX HOLLOW/GOR-EM, LLC ........................................... 4 Motion to deny Comp Plan amendment (withdrawn) ........................... 7 Motion to approve Comp Plan amendment (failed) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Motion to reconsider approval of Comp Plan amendment. . . . . . . . . . . . . . . . . . . . . . .. 8 ORDER PLANS AND SPECSIIP98-1 I/JA Y STREET LANDSCAPING Resolution R047-99 ordering project. . . . . . . . . . . . . . . .. . . . . . . .. .. . . . . . . . . .. ... 9 ORDER PLANS AND SPECSIIP98-22/WELL HOUSE #7 Resolution R048-99 ordering improvement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 DEVELOPMENT POLICY GUIDELINE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Motion to approve ..................................................... 10 - - ~ -- . ~. ... - . _.__ ___ o__~_ <0 .- - ' . ....... - _. Regular Andover City Council Meeting Minutes - February 16, 1999 Table of Contents Page ii DISCUSS GEOTECHNICAL REPORT/WOODLAND DEVELOPMENT/ TIMBER RIVER EST A TESILOT 2, BLOCK 5 ............................... 10 Motion to approve the report .................................................. I I CHESTERTON COMMONS PLAT ISSUES Motion to change 30-day filing date to 35 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I I ORDER FEASIBILITY REPORT and APPROVE FEASIBILITY REPORT/ORDER PUBLIC HEARINGIIP98-19/14223 QUAY STREETNW ..................... I I Resolution R049-99 ordering feasibility report .................................. 12 Resolution R050-99 approving feasibility report and ordering public hearing ....... 12 MAYOR/COUNCIL INPUT Potential commercial designation/Bunker Lake Blvd and Crooked Lake Blvd. . . . . .. 12 School speed zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I3 Length of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I3 APPROVAL OF CLAIMS .................................................. 13 ADJOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I3 , .. .. - -- . ... C' (}f r t~'+ Ö/~J qq CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 16,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, February 16, 1999,7:43 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel Councilmembers absent: None Also present: City Attorney, Barry Sullivan City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Jerry WindschitI - requested an agenda item be added regarding an update to the filing of the Chesterton Commons 2nd, 3rd, and 4th plats and to determine whether or not the Council wishes to grant an extension for that filing and to discuss the Staff's request for additional easement on the plat. The Council agreed. Rosella Sonsteby. 4151 141st Avenue NW - raised the issue of Lots 1,2, and 3, Block 2, Dehn's Second Addition, whose septic systems and drain fields were completely in water. That water then drains over her land and is diverted through the stonn drainage system. She was before the Council to expose the filling ofthose lots in Dehn's Addition, which was approved by the City. Yet when she hauled in some dirt around her pole barn because water was getting close to it, the City of Andover called her saying she could be sent to jail for putting dirt in a protected wetland. That barn was built on high land. She was told she couldn't bring in dirt, yet the lots with septic systems under water for a number of years were allowed to be filled in 1996 or early 1997. She contacted the Corps of Engineers, the DNR and the City of Andover and got no satisfactory answers as to why that area was filled without permits. She felt there has been a great deal of deception and asked that it be looked into. Tom Brosek - owner of the office warehouse building on Hanson and Commercial Boulevards. The City had agreed to pay for half of the turn lane from Commercial Boulevard to that lot. The work was done last fall, but he has not yet received his half of the payment from the City. He felt he was getting the runaround by Staff and asked that the $5,500 owed him be paid. He also expressed frustration over not being able to get any answers about the zoning in the commercial area or the land on the south side of Commercial Boulevard. He also "tipped his hat" to Councilmember Orttel for speaking up at the meetings. He felt the Councilmember was correct 95 percent of the time. Mr. ..4> --.- -. .~ Regular Andover City Council Meeting Minutes - February 16, 1999 Page 2 (Resident Forum, Continued) Carlberg stated the 10 acres owned by the Hurst's and the City property south of Commercial Boulevard has been included in the RFP for the development of Andover Station. All decisions on the development of that area, with the exception of the veterinary hospital, have been delayed until after receiving the responses from the RFPs. Mr. Brosek's business partner stated as residents of the community, they would like to see a nice development in that area also. With interest rates low, it is a prime time for building. There are a lot of people who want to move to Andover, and they are willing to construct another building immediately. He stated it shouldn't take that long to develop the area. They have a history of creating a nice development and they would like to start another building quickly. CounciImember Orttel stated that area south of Commercial Boulevard could easily be separated from Andover Station. It should be a buffer area between the residential and retail developments. Mr. Fursman stated the RFP is also being done to establish prices for the area. The Council agreed to look at that area south of Commercial Boulevard in relation to the entire development. Mr. Erickson also explained that the check for Mr. Brosek will be cut with the next set of checks. It is in the process, which can take time to complete. The work was completed last fall, but the list of costs was not received until last month. Dave Blackstad. Chair:person of the Park and Recreation Commission - thanked the Council for meeting with the Park and Recreation Commission. He felt they found some common ground on a few issues that have been troubling the Commission, and he looked forward to a good year. AGENDA APPROVAL Add Item 10, Chesterton Commons Plat Issues. Delete Item 31, Approve Ordinance No. 253, Exotic Animals at the request of Staff, and Item 18, Update of Maintenance of School Fields by Public Works. Move from the Consent Agenda for discussion Items 26 and 27, Order and Approve Feasibility ReportlIP98- I 9/1 4223 Quay Street NW. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item I I Approve 1999 Animal Control Contract Item 12 Approve Probationary PeriodIM. Hartner/Secretary-Receptionist Item 13 Reduce Letter of CreditlDevetoper ImprovementslTimber River Estates Item 14 Reduce Letter of CreditlDeveloper Improvements/Woodland Estates Item 15 Accept Feasibility Report/Order Plans and Specs/IP98-36/Chesterton Commons North (Resolution R040-99) ,-, -- - .... Regular Andover City Council Meeting Minutes - February 16, 1999 Page 3 (Consent Agenda, Continued) Item 16 Approve Plans and SpecsIIP99-3/Crack Sealing (Resolution R041-99) Item 17 Approve Plans and SpecsIIP99-4/Seal Coating (Resolution R042-99) Item 19 Authorize Drilling of Test Well/Well #8IIP99-8/Grey Oaks (subject to approval of the land owner) Item 20 Approve No Parking ResolutionlIP98- I 7/Bunker Lake Boulevard (Resolution R043-99) Item 2 I Order Revised Feasibility ReportlIP98-34/Chesterton Commons 3rd AdditionlInclude Cost for Lift Station (Resolution R044-99) Item 22 Update on Radium TestinglIP98-15 Item 23 Approve Funding Split/Financing ProposaJlIP98- I 7/Bunker Lake Blvd. Trail Item 24 Approve Final Payment/IP97-46IWell House #6 (Resolution R045-99) Item 25 Authorize Application for Special Use Permit/Sliding HilllCity Parcel South ofWDE Site1IP99-7 Item 28 Approve Ordinance No. 250, Transient Merchant Item 29 Approve Ordinance No. 25 I, Unnecessary Acceleration Item 30 Approve Ordinance No. 252, Street Lights Item 32 Approve Ordinance No. 222A, Adult Uses Item 33 Approve Ordinance No. 89A, Repealing Ordinance No. 89, Contagious Diseases Item 34 Reduce Letter ofCreditlIP87-27/Woodland Creek Item 35 Reduce Letter ofCreditlIP92-20/Woodland Creek 3rd Addition Item 36 Purchase Used Sweeper Item 37 Approve HiringlPublic Works Park Maintenance Employee (Gerald Schandler) Item 38 Amend Ordinance 205, Building Codes Item 39 Approve Resolution Supporting Central Anoka County Regional Trail (Resolution R046-99) Motion by Knight, Seconded by Johnson, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES January 25, 1999, Special Meeting: Correct as written. February 2, 1999, Regular Meeting: Correct as written. February 2, 1999, HRA Meeting: Page I, first paragraph, 7th line, change "at least 15 percent" to "a maximum of 15 percent". February 4, 1999, Special Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, the Minutes of February 2, February 2 HRA and February 4 HRA meetings. Motion carried unanimously. . " . . Regular Andover City Council Meeting Minutes - February 16, 1999 Page 4 (Approval of Minutes, Continued) Motion by Jacobson, Seconded by Orttel, approval of the January 25 Minutes. Motion carried on a 4- Yes, I -Present (Knight) vote. CEDAR CREEK CORRIDOR STUDY PRESENTATION/ANOKA COUNTY PARKS Jeff Perry, Natural Resource Specialist for Anoka County Parks, addressed the Council to discuss the county's plans to conduct a greenway feasibility study report on the Cedar Creek corridor, which runs through northwest Andover. He hoped the City will consider joining the county in this endeavor and consider an endorsement and letter of support. He presented a slide show of the ecological significance of the natural area throughout the county and along Cedar Creek. The comprehensive study would be done to see the feasibility of protecting this high profile natural resource. They are not necessarily saying they will acquire property. They will study options and benefits for the land owners along the creek. From a recreational standpoint, he felt this area would provide an opportunity for canoeing, perhaps looking at access points. There is no intent to construct a trail system for general use along the creek. He is only asking for the City's endorsement; no monetary contribution. Motion by Knight, Seconded by Orttel, to endorse the study and direct Staff to send a letter to that effect. Motion carried unanimously. Winslow Holasek - asked about the meaning of open space greenway in the last sentence of the letter. There is a lot of private ownership along the creek, and people generally do not want the public back there without some arrangement. Councilmember Orttel agreed, that the endorsement is only to work with the land owners for the natural use and preservation of the area. Mr. Perry stated they have no intent of creating public right of ways to access these properties. It is for the preservation of the ecological community. COMPREHENSIVE PLAN AMENDMENTIRR TO RU & RM and REZONING/R-l TO R-4 & M-l and SPECIAL USE PERMITIPUD and PRELIMINARY PLAT and ACCEPT PETITION/ORDER FEASIBILITY REPORTnP98-27 - FOX HOLLOW/GOR-EM, LLC Attorney Sullivan noted that in the past the Council had requested an opinion on a potential conflict of interest vote on matters relating to this plat by the Mayor. At that time it was the opinion of the Attorney that there was no conflict on that particular issue before the Council but that there would be a conflict if it came to future plat approvals, etc. Today he received documents from Mayor McKelvey indicating the transfer of the deed to his property to the developer was closed without contingency or reservation. In reviewing the documents, it was Attorney Hawkins' opinion there is no further conflict now and that the mayor can vote regarding the plat approval because it would not affect him personally one way or the other. __u ~_..--¡... -_. -.-..- .. -- <-.. -. ,,- Regular Andover City Council Meeting Minutes - February 16, 1999 Page 5 (Com Plan Amend/RezonelSUP-PUD/Prelim Plat/Petition for Feasibility/Fox Hollow, Cant.) The Council agreed to review the Special Use Permit for a PUD on the plat prior to any other item. Mr. Carlberg reviewed the request for a Special Use Permit by Gor-em, LLC for a Planned Unit Development to develop a mixed use residential development consisting of 80 single family residential lots and 37 detached single family town homes or cottage homes on 46.7 acres to be known as Fox Hollow. The Planning and Zoning Commission supported the PUD concept and recommends approval. Dave Kingsman, designer and builder of the cottage homes, stated the intent is to sell the cottage homes and market them to the empty nexters.. The area of the cottage homes would be managed by a homeowners' association which will control exterior maintenance, lawn care, snow plowing and the strict regulations that will be placed on the property. Those homes will be built on one level with no basements or stairs. The demographics is rapidly changing to an expanded demand for this type of housing. Councilmember Jacobson asked about the ownership of the property. Mike Quigley, representing Gor-em, LLC, stated the land is owned by Gor-em, LLC. There seems to be a demand for detached town homes. It is a life-style preference. Those cottage homes would be association managed. Councilmember Knight was concerned with having no basements on the cottage homes because of severe inclement weather such as tornados. Mr. Kingsman stated that has been a concern, and in one situation they built a concrete enclosure in the garage. But there is a tremendous demand for affordable housing and people don't want the stairs. Mr. Carlberg stated there is no density increase being requested. Single family residential density is nonnally 2. I units per acre. M- I zoning is about 6 or 7 units per acre. This proposal is for 3.42 units per acre. He also noted that the variances listed in the resolution for the cottage home area should also be incorporated into the variances for the preliminary plat. Mr. Carlberg then reviewed the preliminary plat of Fox Hollow noting the issues raised in the Staff report on variances, sidewalks and trails, park dedication and sewer and water service to the property. Councilmember Jacobson noted two of the ponding areas extend into the Grey Oaks development, plus the pond to the south encroaches into Ken Slyzuk's property. Does the developer have written approval from those people for the storm water drainage onto their property. Larry Olson, engineer for the project, stated the ponding area to the south is an existing wetland. They are not extending any storm water pipes into that pond. They are pulling everything to the north, so they have decreased the size of the drainage area that currently runs into that pond. The Grey Oaks subdivision has a storm water outlet on the north end of the pond to handle the water. Jerry Windschitl, developer of Grey Oaks, had no issue with the proposal. His engineer has been working with Mr. Olson on the drainage between the two developments. Councilmember Jacobson did not see a buffer indicated on the plat between the commercial area being proposed in Grey Oaks and the cottage homes. " Regular Andover City Council Meeting Minutes - February 16, 1999 Page 6 (Com Plan Amend/Rezone/SUP-PUD/Prelim Plat/Petition/or Feasibility/Fox Hollow, Cant.) Mr. Quigley stated that entire area will be bermed as well as landscaped. Mr. Carlberg noted the tree preservation plan indicates as many trees as possible will be saved. The commercial development will have larger setbacks and will be required to provide a six-foot high fence and landscaping. Councilmember Jacobson stated his point is the berming should be shown on the plat to be sure it gets done. He also suggested that the easements to the pond between Lots 13 and 14 and 16 and I be indicated on the preliminary plat as maintenance areas so the abutting property owners are made aware of it. Mr. Quigley stated those property owners will be advised. Mr. Erickson stated typically maintenance accesses are labeled on the grading plan. Staff will look at that. Mr. Carlberg also stated the proposal is to provide a lift station to the south and west of Lot I. That lift station would service a portion of this property as well as the Grey Oaks development. That is a change from the original proposal to service a portion of the property from the east by extending the trunk lines under Hanson Boulevard. The line is now being proposed to come from the south along the Oak View Middle School to the south end of Fox Hollow. In response to a comment about leap frogging across agricultural property, Mr. Carlberg explained the sewer line will not be on Mr. Slyzuk's property but will stay within the school property. Mr. Erickson also explained that they found this proposal would be cheaper than jacking the lines under Hanson Boulevard. The depth of the lift station will detennine how much area behind Grey Oaks can be serviced with municipal sewer. The Comprehensive Plan Task Force is advising the MUSA line end at 161st Avenue. The depth of the service station is something the Council should consider. Councilmember Orttel didn't notice any conditions along the agricultural property to the south nor along the R-Ilarger lots to the west on the other side of Nightingale. Without the feathering of lot sizes next to the agricultural land, it basically forces that property to develop. He felt it is leap frogging to extend sewer to this area which abuts agricultural preserve property to the south, R- I property to the west and the school to the east. One of the goals of the Council has been to preserve farms, but this says they are pushing them out. Councilmember Knight was also concerned with the use of the term "open space" in the cottage home area. He didn't have a problem with the urban residential but with the multiple zone, and especially with the on-slab housing. He felt that is no different than a trailer park in terms of security and safety. Councilmember Orttel also expressed frustration that at least twice the Council has unanimously stated they did not want increased density in this area. The concept of town homes by one developer was rejected, and this developer was told no at the sketch plan stage, that it would not be anything other than single family homes. He was offended when he saw the public hearing notice was for multiple zoning on this plat. Mr. Quigley understood the direction was on the type of construction. It is not rental property but detached town homes governed by an association. They are building many homes without basements in other communities because the demand is there. Councilmember Orttel expressed -- ~, .-"---. --.-....- ".-----.-. _, N_ Regular Andover City Council Meeting Minutes - February 16, 1999 Page 7 (Com Plan Amend/Rezone/SUP-PUD/Prelim Plat/Petition for Feasibility/Fox Hollow, Cont.) concern that Staff allowed this to continue with multiple housing when twice the Council has said it wanted single family residential. Slab homes are not allowed in Andover any more. The City does not have to cram houses into every corner of land. This proposal puts two lots in half the size. He didn't see the need and is disagreeable to the whole concept of multiple density in this portion of the City. Because of that, he has ignored the rest of the plat. Mr. Kingsman stated this type of housing is becoming more and more in demand. It allows people to live in Andover and to stay in the City. Most have 65 percent equity in their houses, making it a substantial investment. People are not buying these types of homes because they are a cheap alternative, but it is the life style people want. Council discussion noted that if the Comprehensive Plan amendment is not approved, the remaining items must also be denied. Also, if the rezoning is denied, the developer could not request another rezoning for a minimum of one year. Councilmember Orttel noted that in looking at the plat, there are two other fee owners. Mr. Quigley stated Gor-em, LLC owns all of the land with the exception of two parcels. They purchased three of the parcels. The other two are on a purchase agreement. Councilmember Orttel raised concern with the entire process regarding this plat from the developers, the Mayor and City Staff, the time frame of the development which was voted on by the Mayor prior to selling his land to the developer, and the fact the Mayor sold his land to be able to vote on this. Mayor McKelvey argued the sewer and water were brought to the area at the request of the middle school. The property for that school was determined by the school prior to any vote on the sewer. The sewer plan was set up by the City's technical advisors, TKDA, and passed by the Council. Councilmember Orttel countered the school district doesn't decide where the school goes, the City Council does. He felt the property was prematurely put into the development zone, which leads to leap frog development. He doesn't like anything about this and stated he would not sit here while these types of things are being done. At that, he left the Council chambers until after the items on this development were completed. 9:40 p.m. Motion by Knight, Seconded by Jacobson, that the Council deny the Resolution to amend the Comprehensive Plan to change Fox Hollow to RM, Residential Medium Density. DISCUSSION: Mr. Carlberg reiterated Staff's position that this is not leap frogging because the utilities are coming from the Oak View Middle School property. Councilmember Jacobson thought it may be appropriate to have the cottage homes in the area between the school and the Grey Oaks community to the north. Councilmember Johnson wanted more information on what has been discussed by the Council in the past, especially about the type of development. Mayor McKelvey related the twin homes proposed by the first developer were turned down. The second time the developer also had twin homes and the Council said they didn't want them. The plat then came back proposing the cottage homes. Councilmember Knight felt the Council's intent was not to have multiples in that location. He felt it would be possible to put two rows of single family homes there instead of the multiples. Regular Andover City Council Meeting Minutes - February 16, 1999 Page 8 (Com Plan Amend/Rezone/SUP-PUD/Prelim Plat/Petition for Feasibility/Fox Hollow, Cont.) Mr. Fursman stated the thinking was the cottage homes would be a good buffer between the schools and the apartments to the north. It was assumed there would be more value available in this application than the single family application. Councilmember Knight disagreed. Mr. Quigley stated the proposal is meant to address what people have an interest in purchasing, and that is homes of this nature. They are looking for maintenance free homes. There is a need for this type of housing in the community. Attorney Sullivan noted a 4/5 vote is needed for an approval of the Comprehensive Plan Amendment. Mr. Carlberg stated findings of fact are needed for the denial. Councilmember Knight didn't feel slab homes are appropriate for safety reasons. He felt the area could be developed as R-4. Also, the Council expressed denial of multiple housing in this area on two occasions in the past. Attorney Sullivan stated normally the motion is to approve, which can be voted up or down. Based on that advise, Councilmembers Jacobson and Knight withdrew the Second and the Motion. The Council discussed the procedure at this point. Mr. Carlberg felt the entire development would need to go through the public hearing process again if the multiple zone was to be removed from the plat. In that case, a PUD would no longer be necessary, though a Comprehensive Plan amendment would still be needed for the northern portion of the plat. Motion by Jacobson, Seconded by Johnson, on Item 2, move the motion for approval of the Comprehensive Plan Amendment provided in the packet. Motion fails on a 4-No, I -Absent (Orttel) vote. Mr. Carlberg stated that with the denial of the Comprehensive Plan Amendment, a portion of the plat to the east could be developed, but the northern portion of about 20 acres could not be developed into urban lots. In order to develop it into urban single family residential, a Comprehensive Plan Amendment is needed to redesignate it from RR, Residential Rural, to RU, Residential Urban. The developer cannot come back with an urban residential design without that amendment. Staff is recommending that all four items be tabled to allow them to revise the Comprehensive Plan Amendment. The entire process will have to be gone through again. The Council then discussed options available. Attorney Sullivan stated it sounds like the Council's concern is basically with the cottage homes, not necessarily the Comprehensive Plan change. Since the Council can reverse that vote and perhaps consider urban single family on the entire plat, he suggested tabling all of these things in order to avoid confusion by doing it piecemeal. Motion by Jacobson, Seconded by Johnson, that the City Council reconsider its action on Item No. 2 it just took to deny the Comprehensive Plan amendment for Fox Hollow. Motion carried on a 4- Yes, I -Absent (Orttel) vote. .---"---... -_.__.-~- .. --... ..- Regular Andover City Council Meeting Minutes - February 16. 1999 Page 9 (Com Plan AmendlRezone/SUP-PUD/Prelim Plat/Petition for Feasibility/Fox Hollow. Cont.) Mr. Quigley stated he doesn't have a lot of alternatives other than to request that Items 2, 3, 4, 5 and 6 be withdrawn. He expressed concern with the actions taken this evening and felt that everyone has to get back to be more mature in their actions. The Council accepted the withdrawal of Item 2, Comprehensive Plan AmendmentlRR to RU & RM; Item 3, Rezoning/R-I to R-4 & M-I; Item 4, Special Use Perrnit/PUD; Item 5, Preliminary Plat! and Item 6, Accept Petition/Order Feasibility ReportlIP98-27, all for the Fox Hollow plat. Councilmember Orttel returned to the Council chambers at this time, 10: I 0 p.m. ORDER PLANS AND SPECS/IP98-II/JA Y STREET LANDSCAPING Mr. Erickson noted this is the same item discussed by the EDA earlier this evening. It must also be approved by the City Council because of the use of State Aid funds. Motion by Knight, Seconded by Jacobson, the Resolution presented. (Resolution R047-99 ordering improvement and directing preparation of plans and specs for Jay Street landscaping improvements) Motion carried unanimously. ORDER PLANS AND SPECS/IP98-22/WELL HOUSE #7 Motion by Jacobson, Seconded by Knight, the Resolution as prepared by Staff for Item No.8. (Resolution R048-99 ordering improvement and directing preparation of plans and specs for Well House #7) DISCUSSION: Mr. Erickson noted there are residential houses in the adjacent neighborhood, and the suggestion is to have an architectural style of the Well House to blend in with those residences. The size is about one-half that of an actual house. The intent would be to match the roofline of the residential houses. The Council asked to see the drawings to scale, as there was some concern that a smaller version of a house will not fit well in the neighborhood. They asked Staff to come back with a couple designs for the Well House along with the plans and specs. Motion carried unanimously. DEVELOPMENT POLICY GUIDELINE Mr. Carlberg explained the Council directed Staff to prepare language in the development policy that sets a July I deadline for submittal of preliminary plats in the urban developments. The December 3 I preliminary plat approval deadline would remain. Councilmember Jacobson stated he submitted some wording changes in Section 3, Procedures, Subdivisions A, paragraphs I and 2. He felt a third paragraph should be added to discuss what happens when the deadlines are not met. --." -----. -_.__._- ->---. . _. N_ Regular Andover City Council Meeting Minutes - February 16, 1999 Page 10 (Development Policy Guideline, Continued) The Council discussed some of the effects of missed deadlines and the ripple effect of the developments on other entities as well. At this time, it was not determined what would happen if a deadline is missed, though there were suggestions ofIimiting the number of building permits the City issues each year, or placing the property that has missed a deadline at the end of the development cycle rather than being allowed to develop the following year. It was agreed a paragraph on consequences for missed deadlines will be discussed at the next workshop. Motion by Orttel, Seconded by Knight, to adopt the Development Policy Guideline with the insertion of Section 3, Procedure, Subdivision A, Preliminary Plat, Items I and 2 as prepared by Councilmember Jacobson. Motion carried unanimously. DISCUSS GEOTECHNICAL REPORTIWOODLAND DEVELOPMENTnlMBER RIVER ESTATESILOT 2, BLOCK 5 Mr. Erickson explained the Council is being requested by Woodland Development Corporation to approve a geotechnical analysis for establishing the lowest floor elevation for Lot 2, Block 5 of Timber River Estates. The City took the geotechnical report from the developer and had it evaluated by an independent geotechnical firm which was hired by the City at the developer's expense. That firm concurred with the review with another stipulation Councilmember Orttel asked if the letter from the geotechnical engineer takes the responsibility from the City in the event it doesn't work. Mr. Erickson stated that is correct. Byron Westlund, Woodland Development Corporation, stated when the basement is dug, a representative from Braun Intertec will review the building to make sure there won't be any problems with the basement. Councilmember Knight asked who is liable if there is a problem in 10 to 20 years. Attorney Sullivan stated usually there is a lawsuit and everyone is named. The City does have certain immunity if it fulfilled its obligation and does the proper studies. Mr. Westlund stated it would go back to the contractor. There is a recovery fund each contractor has that goes with the business. Councilmember Jacobson was concerned that geotechnical analysis is becoming the norm rather than the exception. He was also bothered by the review of the firm hired by the City because it simply reviewed the report of the other firm rather than going to the site and doing the tests itself. Mr. Erickson stated that is not unusual. The City does not always use the same geotechnical finn. Councilmember Orttel didn't know if the soils are that much different or they have changed, but there are more of these analyses being done and that worries him. Mr. Erickson stated this item can be brought back if the Council wants additional restrictions. Councilmember Orttel suggested a soils person talk to the Council about the issue. The Council agreed the item should be added to an agenda of a special workshop meeting. " Regular Andover City Council Meeting Minutes - February 16, 1999 Page 11 (Geotechnical Report/Woodland Development/Timber River Estates/Lot 2, Block 5, Continued) Motion by Orttel, Seconded by Knight, that the Council accept the geotechnical report on Woodland Development's Timber River Estates, Lot 2, Block 5. Motion carried unanimously. CHESTERTON COMMONS PLAT ISSUES Jerry Windschitl, developer, stated the motion to approve the Chesterton Common 2nd, 3rd and 4th plats had a contingency that the plat be filed with the county within 30 days of approval. That can be done for the 2nd and 3rd Additions; but because of the review process required by both the City and the county, Chesterton Commons 4th Addition will not be filed until at least Friday. There were additional requests of him to change easements on the plat, so the plat had to be sent back to the county for another review. They are on the verge of missing the deadline by two or three days. Motion by Orttel, Seconded by Jacobson, that the Council direct that the 30-day filing date for the plats of Chesterton Commons 2nd, 3rd and 4th and Cambridge Estates be extended from 30 to 35 days so all open items can be complied with. Motion carried unanimously. Mr. Windschitl stated Staffhas requested he add a clause to the Chesterton Commons 4th Addition that they would give up their right of access to Hanson Boulevard. It is not a requirement of Andover's ordinances and was not a condition of the plat approval. Nor is it in any letter from Anoka County or required of the Hamilton Square project. They are looking at a bank for one lot on that site, and there may be a desire of another exit from that facility. That would be brought forward in the site plan. Mr. Erickson stated Anoka County has asked the City to restrict accesses to county roads. They do not want to have extra accesses, especially from commercial areas. Without that clause, he did not think the county nor the City could preclude another access to Hanson Boulevard. Typically the commercial site plan is reviewed by the Staff, who cannot deny another access without that clause. The county would like to see that clause on all plats to control accesses. Councilmember Orttel suggested a meeting with the county on this issue. Does the City or the county have the authority to prevent access to the county road? He would like to keep the options open. The Council generally agreed that since the clause was not included in the final plat approval, the item should be left as is. They also asked the City Attorney to research who has the authority to restrict accesses onto county roads. ORDER FEASIBILITY REPORT and APPROVE FEASIBILITY REPORT/ORDER PUBLIC HEARING/IP98-19//4223 QUA Y STREET NW Councilmember Jacobson was concerned with both ordering the feasibility report and approving it on the same night. Normally the report is ordered at one meeting and approved two weeks later at the next meeting. Mr. Erickson stated Staff has already done the feasibility report in house. - " -. Regular Andover City Council Meeting Minutes - February 16, 1999 Page 12 (Order Feasibility/Approve Feasibility/1P98-19/14223 Quay Street, Continued) Councilmember Orttel noted this expedites the project, especially when the report is done in house. The approvals are to meet the legal requirements so the project can be assessed. He didn't have a problem with this procedure on these minor projects. Mr. Erickson stated normally such reports are ordered at one meeting and approved at the next. This was a simple project. The house on this lot is for sale, and the desire is to have the assessment on the lot before it is sold so those fees are on record. Motion by Orttel, Seconded by Johnson, to approve Items 26 and 27. (Resolution R049-99 ordering the feasibility report and R050-99 approving the feasibility report and ordering the public hearing for IP98- I 9/1 4223 Quay Street NW) Motion carried on a 4- Yes, I -No (Jacobson) vote. MAYOR/COUNCIL INPUT Potential commercial designation/Bunker Lake Boulevard and Croolœd Lalœ Boulevard - Mr. Carlberg stated three landowners between Crooked Lake Boulevard and Gladiola along Bunker Lake Boulevard has requested a change in the land use from urban residential, R-4, to TCI - Transitional Commercial/Industrial. This would allow the lots to be developed as commercial in the future. With the reconstruction of Bunker Lake Boulevard, the decision would be whether to stub the properties for residential or potentially commercial development. He did contact five of the Comprehensive Plan Task Force members regarding the request. Two did not approve; three didn't have a problem with it. One property owner will proceed to have a single family home constructed if this request is not considered by the Council. The Council discussed the benefits of commercial development along that portion of Bunker Lake Boulevard, noting there are few other single family residences along that road, the desire to have a service road between Crooked Lake Boulevard and Heather, the negative impact the reconstruction of Bunker Lake Boulevard will have on the front yard of the lots, not wanting to see the single family homes converted into businesses as is often done in similar situations and raising the concern of another single family house in that area. A concern was with the "industrial" designation, though the hope was that this would develop as small offices and lighter uses, not high use commercial, especially because of the right-in, right-out situation that will exist at the Crooked Lake Boulevard intersection. Charlie Vieman explained that his intent was to sell his house and be able to get a nice little place for his wife that is all on one level. What he discovered was that his property is not worth what he thought; when the road is widened, his property will be worth $10,000 to $20,000 less. Now at 7 0' clock in the morning, the sound of the traffic disturbs his wife. The only alternative is to zone the property as commercial to be able to recoup his investment. Dale Scott has been in a wheel chair for a number of years, and he too would like to move to a place with one floor. The widening of the road will impact that property significantly. - -. . . Regular Andover City Council Meeting Minutes - February 16, 1999 Page 13 (Mayor/Council Input, Continued) Four of the five Councilmembers were interested in giving serious consideration to the request. Councilmember Jacobson was generally opposed because of the amount of commercial along Bunker Lake Boulevard already. School speed zones - Mr. Erickson stated they have met with the county and the school. At the next meeting, the Council will be asked to support the reduction in the speed limit in front of the schools, which will then be passed on to the county. Length of meetings - Councilmember Jacobson was concerned with the timing of the meetings. The first item on the agenda this evening was not considered until 8:20. The Council felt that problem should be alleviated since the EDA will now be held on another night. No changes were made this evening. APPROVAL OF CLAIMS The Council noted the claim to E & H Earth Movers, $91,899.20, must be removed from the list. Motion by Jacobson, Seconded by Johnson, to move the Claims with the exception as noted. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at I I :23 p.m. Respectfully submitted, ~~ r:L Marcella A. Peach Recording Secretary --- . -. ~. -. - . _.- ~ - .. -