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HomeMy WebLinkAboutCC January 19, 1999 VV¡r1 C/fVJ..C(). '>'f,) tl1q CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, January 19, 1999 agenda 6:15 PM - Park and Recreation Commission Candidate Interviews Call to Order - Following the EDA Meeting Held at 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes Presentation ofPlaqueslPlanning & Zoning Commissioners Discussion Items I. Anoka County Sheriff Report sheriff 2. UP A Electrical Transmission Line Update upa 3. Discuss Contract with Andover Times (Minneapple Publishing, Inc.) times 4. Approve Settlement/85- 13/Clyde Russell Drainage Issue russell 5. Ed Fields and Sons Sketch Plan/Section 15 fields 6. Comprehensive Plan Amendment/Section 23/ Ashford Developoment Corp. Cont. cpasect23 7. Rezoning Section 23/ Ashford Development Corporation rzsect23 8. Revised Preliminary Plat/Chesterton Commons revpplat 9. Final Plat/Chesterton Commons Second Addition fpchesterton2 10. Accept Revised Feasibility Report/Order Plans & Specs/97-49/Chesterton acpt9749 Commons Second Addition I I. Approve Plans & Specs/97-49/Chesterton Commons Second Addition appr9749 12. Final PJat/Chesterton Commons Third Addition fpchesterton3 13. Accept Revised Feasibility Report/Order Plans & Specs/98-34/Chesterton acpt9834 Commons Third Addition 14. Final Plat/Chesterton Commons Fourth Addition fpchesterton4 IS. Accept Revised Feasibility Report/Order Plans & Specs/98-30/Chesterton acpt9830 Commons Fourth Addition 16. Final Plat/Cambridge Estates fpcambridge 17. Accept Revised Feasibility Report/98-9/Cambridge Estates (Phase I/South Area) acpt989 18. Comprehensive Plan Discussion/Feasibility Report/98- 17/Bunker Lake Blvd. NW Sanitary disc9817 Sewer Reconstruction 19. Signs for SnowmobilingIRound Lake Boulevard NW signs Staff, Committees, Commissions 20. Schedule Board of Review board 21. Review of Ordinance 10, Section 9.07IPark Dedication Requirements parkded 22. Appoint New Park and Recreation Commission Members newpr 23. Appoint Chair & Vice-ChairIPark & Recreation Commission prchair 24. Schedule Special Joint Meeting with Park & Recreation Commission spmtg 25. Schedule Workshop/Strategic Planning Session worksbop 26. Accept Resignation/Mike GamacheIPlanning and Zoning Commission resignation 27. Consider ReappointmentlEDAlCommissioner Hupp eda Non-Discussion/Consent Items 28. Approve Shelving Quotes/City Hall Storage (Old Council Chambers) shelving 29. Order Plans & Specs/Traffic SignaI/99-5/Jay Street & Bunker Lake Blvd. NW ord995 30. Funding Community Center Study commcenter "-'-"--'" ~_.. _.-.- .. Page Two Regular City Council Meeting Tuesday, January 19, 1999 31. Gambling Report 32. Lease New Postage Meter postage 33. Reduce Escrow/Site Improvement/The Farmstead escfarm 34. Reduce Escrow/Feasibility Report/97-35/The Farmstead esc9735 35. Approve Quotes/Landscape Anchor BlocksNarious Parks blocks 36. Approve No Parking Resolution/Orchid Street NW Cul-de-sac (Behind The Farmstead) nopark 37. Approve 1999 Debt Service Budgets debt 38. Approve Change Order #1 (Deduct)/97-46/Well #6 co9746 Mayor/Council Input Payment of Claims Adjournment .....,_..__... _.0._<-.-· ... REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 19,1999 TABLE OF CONTENTS RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Approve shelving quotes/City Hall storage (Old Council Chambers) . . . . . . . . . . . . . .. 2 Resolution ROIO-99 ordering plans and specslTraffic SignalIIP99-5/Jay Street and Bunker Lake Boulevard ........................................... 2 Funding Community Center study ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Lease new postage meter ................................................. 2 Reduce escrow/Site improvement/The Farmstead . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Reduce EscrowlFeasibility report!lP97-35/The Farmstead ....................... 2 Approve quoteslLandscape anchor blocksNarious parks. . . . .. .. . . . . . . . . . . . . . ... 2 Resolution ROI 1-99 approving no parking/Orchid Street NW cul-de-sac ........... 2 Resolution R012-99 approving 1999 Debt Service Budgets ...................... 2 Resolution R013-99 approving change order #1 (deduct)IIP97-46/Well #6 .......... 2 APPROVAL OF MINUTES .................................................. 2 PRESENTATION OF PLAQUESIPLANNING AND ZONING COMMISSIONERS ..... 2 ANOKA COUNTY SHERIFF'S REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 UPA ELECTRICAL TRANSMISSION LINE UPDATE............................ 3 DISCUSS CONTRACT WITH ANDOVER TIMES (MINNEAPPLE PUBLISHING) .... 4 Motion to publish newsletter internally (Second withdrawn) ..................... 4 Motion to publish newsletter internally (Dies for lack of a Second) ................ 4 Motion to table to the next meeting ......................................... 5 SETILEMENTIIP85-13/CL YDE RUSSELL DRAINAGE ISSUE Motion to approve settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 ED FIELDS AND SONS SKETCH PLAN/SECTION 15 ........................... 7 COMPREHENSIVE PLAN AMENDMENT and REZONING/SECTION 23/ASHFORD .. 8 Motion to prepare Comp Plan amendment as presented (Withdrawn) .............. 9 Motion to deny request (Dies for lack of a Second) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Resolution R014-99 approving the Comprehensive Plan Amendment. .. . .. . . . . . . .. 9 Resolution RO 15-99 approving the rezoning request with conditions ............... 9 REVISED PRELIMINARY PLAT/CHESTERTON COMMONS Resolution R016-99 approving the revised preliminary plat with conditions.. . . . . .. 10 FINAL PLAT/CHESTERTON COMMONS SECOND ADDITION.................. 10 Resolution ROI 7-99 approving the final plat with conditions. . . . . . . . . . . . . . . . . . .. I I ACCEPT REVISED FEASIBILITY REPORT/ORDER PLANS AND SPECSIIP97-49/ CHESTERTON COMMONS SECOND ADDITION Resolution ROI 8-99 to approve with conditions .............................. 11 APPROVE PLANS AND SPECSIIP97-49/CHESTERTON COMMONS SECOND Resolution ROI 9-99 to approve with conditions .............................. I I FINAL PLAT/CHESTERTON COMMONS THIRD ADDITION Resolution R020-99 to approve with conditions .............................. I I ACCEPT REVISED FEASIBILITY REPORT/ORDER PLANS AND SPECSIIP98-34/ CHESTERTON COMMONS THIRD ADDITION Resolution R021-99 to approve with conditions .............................. I I .. .. Regular Andover City Council Meeting Minutes - January 19. 1999 Table of Contents Page ii FINAL PLAT/CHESTERTON COMMONS FOURTH ADDITION Resolution R022-99 to approve with conditions .............................. 12 REVISED FEASIBILITY REPORT/ORDER PLANS AND SPECSIIP98-30/ CHESTERTON COMMONS FOURTH ADDITION Resolution R023-99 to approve with conditions .............................. 12 FINAL PLAT/CAMBRIDGE ESTATES ....................................... 12 Resolution R024-99 approving with conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I3 REVISED FEASIBILITY REPORTIIP98-9/CAMBRIDGE ESTATES (PHASE U SOUTH AREA) Resolution R025-99 to accept feasibility and order preparation of plans and specs ... I3 COMPREHENSIVE PLAN DISCUSSIONIFEASIBILITY REPORTIIP98-1 7/ BUNKER LAKE BOULEVARD NW SANITARY SEWER RECONSTRUCTION Motion to carry over to a Special Council meeting on January 25 ................ 13 SIGNS FOR SNOWMOBlLINGIROUND LAKE BOULEVARD NW Motion to approve ..................................................... I3 SCHEDULE BOARD OF REVIEW Motion to set April 7 as the Board of Review ................................ I3 REVIEW ORDINANCE 10, SECTION 9.07/PARK DEDICATION REQUIREMENTS.. 14 APPOINT NEW PARK AND RECREATION COMMISSION MEMBERS........... 14 Motion to reappoint Jim Lindahl and Brian Barringer. .. . .. . . . .. . . . . . . . . . . . . . .. 14 APPOINT CHAIR AND VICE-CHAIRJP ARK AND RECREATION COMMISSION Motion to appoint Dave Blackstad as Chair, Brian Barringer as Vice-Chair. . . . . . . .. 14 SCHEDULE SPECIAL JOINT MEETING WITH PARK AND RECREATION COMMISSION Motion to schedule special meeting on February 4 ............................ 14 SCHEDULE WORKSHOP/STRATEGIC PLANNING SESSION (February 23) ........ 14 ACCEPT RESIGNA TION/MIKE GAMACHE/PLANNING AND ZONING COMMISSION and REAPPOINTMENTIEDAlHUPP Motion to so move ..................................................... 14 GAMBLING REPORT Motion to move to next meeting .......................................... 15 MAYOR/COUNCIL INPUT Green Acres .......................................................... 15 Redevelopment in the vicinity of 138th . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 Redevelopment of apartments along Bunker Lake Boulevard. . . . . . . . . . . . . . . . . . .. 15 APPROVAL OF CLAIMS .................................................. 15 ADJOURNMENT......................................................... 15 . . d." . ._.__ _ ~_...._ ~_~. h. _ . -, -~- U1YICr1¡;\èú\ ~¿¡-l'1'-1 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 19,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, January 19, 1999,7:08 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel Council members absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek. 1159 Andover Boulevard - asked the status of the snowmobile problem. What can be done about those who are tearing up the grain field? The Council suggested this be discussed during the Anoka County Sheriffs Report this evening. Jim SVDlinski (7). 1937 I 74th Lane NW - stated he received a letter from the City that he is running an illegal business in Andover. He has had a roofing trailer for six months for his tools, and it is apparently illegal. He read the letter he received, noting the City is requiring him to remove the trailer immediately. He had pictures of the 6x I 0- foot single axle trailer. It is a 2,000-pound trailer with the name of the business on the side. He was told by the Code Enforcement Officer that he can't bring the trailer home at any time. He didn't understand. Apparently a number of complaints have been received, but he is not being told who complained. All of his neighbors have signed a petition to keep the trailer and none of them have called in. He works every day, so the trailer goes out. He didn't know why he couldn't keep the trailer, which is smaller than a snowmobile trailer, at his house. In reading the ordinance, he didn't know what the problem is. He didn't have any complaints until a couple weeks ago when he had both trailers at home to put shelves in them. He was also upset about the very threatening letter received from the City instead of someone simply telling or calling him about the problem, as he is often at City Hall to pull pennits. Mr. Carlberg stated he would like to look into this situation. The Council agreed and stated in the mean time, he would be able to keep his trailer at his house. .. , ..-- .....--... .-. -. ..- . Regular Andover City Council Meeting Minutes - January 19, 1999 Page 2 AGENDA APPROVAL Pull Item 21, Review of Ordinance 10, Section 9.07/Park Dedication Requirements to be discussed at a special meeting with the Park and Recreation Commission, which is to be scheduled under Item 24. Move Item 3 I, Gambling Report, off the Consent Agenda for discussion. Motion by Jacobson, Seconded by Knight, the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 28 Approve Shelving Quotes/City Hall Storage (Old Council Chambers) Item 29 Order Plans and Specs/Traffic SignalIIP99-5/Jay Street and Bunker Lake Boulevard NW (Resolution ROIO-99) Item 30 Funding Community Center Study Item 32 Lease New Postage Meter Item 33 Reduce Escrow/Site Improvement/The Farmstead Item 34 Reduce EscrowlFeasibility ReportlIP97-35/The Farmstead Item 35 Approve QuotesfLandscape Anchor BlocksNarious Parks Item 36 Approve No Parking/Orchid Street NW Cul-de-sac (Behind the Farmstead) (Resolution ROI 1-99) Item 37 Approve 1999 Debt Service Budgets (Resolution RO I 2-99) Item 38 Approve Change Order #1 (Deduct)IIP97-46/Well #6 (Resolution ROI3-99) Motion by Knight, Seconded by Jacobson, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES January 5, 1999, regular meeting: Correct as written. Motion by Jacobson, Seconded by Knight, the January 5 Minutes as presented. Motion carried unanimously. PRESENTATION OF PLAQUES/PLANNING AND ZONING COMMISSIONERS Mayor McKelvey presented plaques of appreciation to Randy Peek and Lorna Wells for their years of dedication and service on the Planning and Zoning Commission. .--,- ... .0- Regular Andover City Council Meeting Minutes - January 19, 1999 Page 3 ANO~, C0U;TY SHERIFF'S REPO~~J.:>/.J-RC¡ Captain~ Andersohn highlighted ttf Department's activities in the City of Andover for 1998, noting they responded to total of 12,464 calls. He has not yet heard from the Cops office regarding the status of the Cops grant application. They have had a total of 46 snowmobile related calls for service this season and have had enforcement efforts in a number of areas, including the "no fly" zone along Round Lake Boulevard south of South Coon Creek Drive to the City border. They have issued two citations. Their approach is to issue hard tags for people violating the snowmobile laws. The recreational enforcement unit has talked to the residents along the Kelsey-Round Lake park about the change this year. Snowmobiles are no longer able to go through there. They have also spoken to the Sno-Dragons and suggested additional signage through there to let people know the use in the area has changed. They will be setting up a saturation day for snowmobile enforcement somewhere in the City. There have been some problems with snowmobiles on the bituminous trails, but they hope to get that under control. He didn't think the snowmobile problems were as bad as last year. He also talked to Mr. Holasek about the problems in his fields. Mayor McKelvey stated there is a problem with snowmobiles along the trail by the railroad bridge. Councilmember Jacobson wondered if the Sheriffs Department can really provide effective enforcement of snowmobiles in the City. Captain Andersohn stated the problem is not unique to Andover. Snowmobiling is banned in Coon Rapids, and they still have a problem. It takes both enforcement and education to resolve the problems. He didn't think they should give up trying. The Department will be working with the Sno-Dragons again this year regarding enforcement. No warnings are given; only citations. Some are towed. The DNR also issues citations. Winslow Holasek - realized the problem isn't just in Andover and realized the efforts of the Sno- Dragons, but he really felt there will be a time when snowmobiling will have to be banned in the City. Councilmember Orttel received calls on the time it took to respond to calls by the Sno- Dragons. He didn't want people to expect those volunteers to be the enforcement team. He was also concerned with the unsightly efforts of people to prevent snowmobiles from crossing their property. As the City becomes more and more dense, the populated areas and snowmobiles do not co-exist. He also never realized the problem with compacting the snow and slush at the end of the driveways, which is caused by snowmobiles. It is a real issue along Round Lake Boulevard. The people are putting up signs along the "no fly zone" on Round Lake Boulevard. It is getting to be a very serous problem. Captain Andersohn stated they will continue to do what they can. He encouraged the Council and residents to call them as needed. UPA ELECTRICAL TRANSMISSION LINE UPDATE Gary Ostrom, Greater River Energy, updated the Council on the proposed electrical transmission line routes from the Bunker Lake Boulevard and Hanson Boulevard substation facilities. After looking at several routes and holding public infonnation meetings, they have decided on the routes to get the power from the substation to the north and west and interconnect with the existing transmission line. Regular Andover City Council Meeting Minutes - January 19. 1999 Page 4 (UP A Electrical Transmission Line Update. Continued) For the western leg of the project, the intent is to go north on Hanson Boulevard on the west side of the existing NSP transmission line, traverse to the west and around the WDE site, eventually picking up Crosstown Boulevard and following it to the north to Nightingale and into the existing transmission line. They are going through the WDE site further to the east to reduce the tree clearing in the area just west of that site. They will traverse across the corner of the City park, though he understands there may be some legal issues in doing so. Going north along CoRd 18, they are proposing to reduce the tree clearing to about 20 to 25 trees along that wall of Norway Pine, which is substantially less than what was originally proposed. They have talked to the landowners in that area and will be working out some method to bring the transmission line through that area. They have not yet talked to the people on the northern portion of the project where they will be removing one line and replacing it with their transmission line. The eastern leg of the project will be to north along Hanson Boulevard to the existing transmission line. They are looking at reducing the tree clearing to a very minor amount. They will be meeting with the landowners before the public hearings for their Permits. The Council asked about the ability to put the line through the City park. Attorney Hawkins didn't believe the City had the right to allow an inconsistent use. Resident from 14520 Martin Court - was opposed to bringing the transmission line up Crosstown Boulevard. He was told there are other options but they would be more expensive. Mr. Ostrom stated he did talk about the alternatives, but they still need two power lines. The link north of the City Hall is no longer needed, but in order to make that link completely usable, the power lines would still be needed. No Council action was needed this evening. DISCUSS CONTRACT WITH ANDOVER TIMES (MINNEAPPLE PUBLISHING, INC) Councilmember Orttel asked that this be put on the agenda because at the last meeting he objected to having the City Administrator operating under the impression that full approval for the tennination of the contract with the Andover Times had been given in the budget making process. He didn't feel approving the budget should be setting policy. The Council should cancel the policy, not the Staff. Councilmember Jacobson understood that the Council intended to produce its own newspaper. Councilmember Orttel stated the intent was to investigate that option. Also, he did not think the issue was on what was written in the Times but with distribution problems. The suggestion has been to directly mail a newsletter to the residents. He didn't think the amount in the budget would cover those mailings. He felt the residents would be getting less at a higher cost. Mr. Fursman stated the contract with the Andover Times tenninates in April. . -. ~. .-"- - --~._- ~--'.- -- - .. ",- Regular Andover City Council Meeting Minutes - January 19, 1999 Page 5 (Discuss Contract with Andover Times, Continued) Greg- Allen. Minneap,ple Publishing-. Inc. - stated the contract was signed on February 12, but the City Administrator did not sign it until April. The contract runs for a full year, either from February 12 or from April 2. Mr. Fursman notified him of the intent to tenninate the contract on December 28. Their attorney is saying February 2 is the start of the agreement, so they would have had to have been notified in November. Councilmember Orttel didn't want to get into a legal issue. From a practical point of view, he wanted what is best for the residents. He feared a newsletter by the City would be stripped down and that the residents would be losing the benefit of interesting articles, advertisements, etc. Plus he estimated the cost to be over twice as much. Councilmember Jacobson stated he is meeting with Staff next Thursday to discuss options for a City-published newsletter. Councilmember Knight was troubled that it would cost more for a City-published newsletter. The editorial in the last Times stated the City dropped the contract because it took issue with some articles that were written in it. That is not true, and he was troubled by that editorial. Mr. Allen - stated he had a conversation with the Mayor the day Mr. Fursman called the paper, and the Mayor told him someone on the Council did not like what the Times wrote about racism. Mayor McKelvey stated that is not correct. They did discuss the distribution problems. Mr. Allen stated that was not discussed and denied even knowing there was a problem with distribution. Councilmember Johnson asked if the residents in Ramsey and Anoka get the paper free of charge. If Andover's contract is dropped, will they continue to make the Times available to the residents? Mr. Allen - noted the distribution of the newspaper is 10,000. They distribute in Anoka and Ramsey, but they do not have home delivery in those cities. The majority of their distribution is in Andover. They do not make any money off the City newsletter; it is a service to the residents. Ifthe Lions would continue to support the distribution, they would continue to provide the service. Councilmember Jacobson suggested the City try publishing its own newsletter for a year to see what happens. He suggested the Council delay its vote on this until after he meets with Staff to research it further. Motion by Jacobson, Seconded by Knight, that for the year 1999, subject to legal restraints, that the City of Andover attempt to publish its own newsletter and attempt to publish it on a monthly basis if possible. DISCUSSION: Councilmember Orttel again noted the problem was with distribution. Councilmember Knight wanted more information on the distribution problems before voting. Councilmember Orttel also suggested the City Attorney research the City's position with the contract with the Times. Councilmember Knight withdrew the Second for the Motion. Motion by Jacobson to reinstate the same motion. Motion dies for lack of a Second. . ~ 4_._.___" ... -,.- Regular Andover City Council Meeting Minutes - January 19, 1999 Page 6 (Discuss Contract with Andover Times, Continued) Motion by Jacobson, Seconded by Knight, to table the item to the next meeting. DISCUSSION: Winslow Holasek - suggested the residents be asked what they would like. Possibly a survey could be put in the next Times for residents to indicate either a private newsletter or continue with the Times to receive the City's news. An article could be written on the pros and cons of each option. Mr. Allen stated he would be willing to allow the space for that survey and article free of charge. Whenever they know of a problem with distribution, they immediately notifY their distributor. In response to a question from Councilmember Johnson, he stated they have not distributed the Times through the schools, though each school does have a subscription. He would have no problem putting 10 or 15 papers in each school for residents to pick up. The Council generally did not have a problem with Mr. Holasek's suggestion. Councilmember Jacobson stated their committee would come back with recommendations. He called the question. Motion carried unanimously. APPROVE SETTLEMENT/IP85-13/CLYDE RUSSELL DRAINAGE ISSUE Motion by Orttel, Seconded by Jacobson, that the Council approve the settlement with the Russell Family as presented. DISCUSSION: Representatives of the Clvde Russell family - stated they have a problem with flooding. The City had said if there is a problem, they would run the pipe across the field. That was never done. When Mr. Russell signed the agreement, he understood he would be paid each year for crop damage. That was never done. The flooding has affected their crops. He wondered if the City now no longer has the easement. Attorney Hawkins stated the City is paying money in settlement of any claims under the agreement entered into in 1985. There would be no more payments due to flooding. He did not interpret the contract to read they would be paid $ I ,000 every year for crop damage. Mr. Erickson stated the City is cleaning the ditch routinely. It is the City's responsibility to maintain the system through there. They will continue to work on it to be sure it is maintained and operating. The City is retaining its easement and would still have access over it. He is not aware of the flooding situation, but they will continue to make sure the ditch is open and operational. Attorney Hawkins stated they have reached the agreement with the Russell attorney for a settlement of$3,000. That is under the assumption that the City has taken care of the problem out there. The Council felt the City still has an obligation to correct the problem or rewrite the agreement. Councilmember Orttel suggested the Russell's be paid the settlement amount and that the Engineering Staff look at some way of correcting the problem so it doesn't happen again. Mr. Erickson stated the ditch has been cleaned of the dead trees and debris. They will monitor the situation. He didn't think the City could vacate the system. Councilmember Knight called the question. Motion carried unanimously. .. ... .~. Regular Andover City Council Meeting Minutes - January 19, 1999 Page 7 ED FIELDS AND SONS SKETCH PLAN/SECTION 15 Mr. Carlberg reviewed the sketch plan proposed by Ed Fields and Sons located in Section 15 which consists of21 single family rural residential lots ranging in size from 1.0 to 1.8 acres. The property is located in the MUSA; and because of that, the developer is proposing lots that are less than the 2 II2-acre minimum lot size, which is allowed by ordinance. However, the new draft of the Comprehensive Plan proposes the MUSA line be moved so this area would no longer be in the MUSA. The Planning and Zoning Commission did not support the development ofIots less than 2 Y:z acres. If developed as a PUD, there should be justification for what is being done. The Commission did recommend exploring the feasibility of extending the street to the south into Outlot A. In talking with the surveyor on the project, there would not be a benefit to extending the street. Council had a legal concern of requiring 2 II2-acre lots before the new Comp Plan is adopted. Attorney Hawkins stated the developer is allowed to develop as proposed if the plan meets the ordinance. The Council could, however, amend the ordinance to remove that provision. This is only the sketch plan, so there is no vested right to develop as proposed if the ordinance is amended before the preliminary plat is received. The Council generally felt that because the proposal meets the current ordinance, it should be allowed even though the preference would be for the larger lots. It was suggested that the ordinance be amended as quickly as possible to eliminate this provision. That provision was added before the Comprehensive Plan became the rule oflaw and at a time when it was felt that sewer should be made available to the rural lot developments of less than 2 Y:z acres. Also, because of the larger lot developments to the south of this area, it is unlikely that sewer could be extended to it without seriously impacting those developments. Motion by Jacobson, Seconded by Orttel, to ask the Planning and Zoning Commission to consider Ordinance 10, Section 9.06a(2), areas lacking municipal sanitary sewer within the urban service area, whether or not it should remain as is. Motion carried unanimously. A representative of the developer stated Outlot A will remain farm land. Councilmember Jacobson noted the Planning Commission did not look at the sketch plan closely because of their recommendation that it be developed as 2 1/2-acre lots. He stated by Lot 4 on the north part of Upland Street, it appears that two separate parcels are being platted as one. There is a natural gas pipeline through Lot 2, Block 2; and he questioned the ability to install the septic system and house on that lot. Mr. Carlberg stated he is not aware of the need to acquire additional easement for the gas line project. The proposal is four or five lots off from platting as a PUD. Additional acreage would be needed to get this density for the open area. A representative of the developer stated they would add acreage to get the same number of lots. Councilmember Orttel noted that the home owners in Nightingale Estates and Wittington Ridge would not see an appreciable difference when looking at this development than ifit were a PUD. The Council generally agreed the developer should proceed with the lot sizes as proposed. - L Regular Andover City Council Meeting Minutes - January 19, 1999 Page 8 COMPREHENSIVE PLAN AMENDMENT and REZONING/SECTION 23/ASHFORD DEVELOPMENT CORPORATION Mr. Carlberg reviewed the request of Gerald and Carol Windschitl for a Comprehensive Plan Amendment to change the land use district designation from RU, Residential Urban Single Family to C, Commercial on approximately 5.45 acres in Chesterton Commons 4th Addition. The Planning and Zoning Commission voted to deny the request, objecting to the timing of the development in relation to the residential plat and the proposed use of a commercial district in relation to the Oak View Middle School. The action on this item will also affect the rezoning request and revised preliminary plat proposal in the following two items on the agenda. Attorney Hawkins stated all the agreements have been signed and easements donated for the stonn sewer system to allow the drainage for the Hamilton Square plat. The development contract anticipates the plats with the configuration in the 4th Addition of a commercial lot in this area. Council member Orttel noted the concern of the Planning Commission with a commercial area so close to the school. He asked if the City can contract zone to eliminate those uses it feels is detrimental. Attorney Hawkins stated yes, though the developer must agree. Councilmember Knight stated given the nature of Hanson Boulevard, he was very concerned with businesses that would entice the youth to cross the street. Jerrv Windschitl. Ashford Development - stated there is a good possibility that a bank would be constructed on one of the lots, possibly with construction starting in June. They are exploring businesses that would be allied with Mork Clinic to the south such as physical therapy, pharmacy, office/retail, etc. He had a concern with restricting what can be put in there, as it limits his ability to market the property. There was a lengthy discussion on the types of uses that would attract children, such as retail trade and services that would include bicycles, candy, gifts, restaurant, theater, art and school supplies, bakeries, hobby shops, toys or a convenience store or strip mall. Councilmember Orttel understood the developer wouldn't want the rezoning tied to specific uses, but the retail use is a concern. Mr. Windschitl - stated it is difficult to define retail. He argued this issue was not raised when Hamilton Square was approved, and it is a similar distance from the schools. The school district does not allow individuals to cross from the east side of Hanson Boulevard. They are bussed to school. Their hope is to put the convenience store in Grey Oaks, so they would not market that use in this location. He stated he had originally wanted this to be a commercial area, and it was his decision to revise the preliminary plat for a shopping center area. They were trying to resolve the drainage problem. Mr. Carlberg stated the preliminary plat of Chesterton Commons was approved conditionally. Councilmember Jacobson had a concern with amending the Comprehensive Plan just because of a request by a developer, as a lot of time was spent developing the Plan. He did not think it should [ì Regular Andover City Council Meeting Minutes - January 19, 1999 Page 9 (Comp Plan Amendment/Rezoning/Section 23/Ashford Development. Continued) be changed unless there is a very compelling reason to do so, and he didn't see a compelling reason in this case. Councilmember Knight was still concerned with the usage. He did not want to see any use on that property that would draw kids across the street. Councilmember Orttel argued the need for commercial land in the City, that commercial in the ruraJ areas typically has not been specifically designated to allow the flexibility to locate it as the property is developed. Motion by Orttel, Seconded by Johnson, that the Council authorize Staff to prepare a Comprehensive Plan Amendment for the property described as PIN 23-32-24-23-0003 as presented. DISCUSSION: Attorney Hawkins noted a 4/5 vote is required. Discussion continued on the concerns that had already been raised, with some Councilmembers wanting assurances on the future uses of the property. They reviewed the uses allowed in the Shopping Center district and what requires a Special Use Permit. Councilmembers Johnson and Orttel withdrew the Second and the Motion. Attorney Hawkins noted a contract rezoning would be recorded and would run with the property. Councilmember Orttel suggested the rezoning be subject to a provision that a pennit must be approved by the Council for each use. Councilmember Knight suggested Mr. Windschitl present a list of potential uses for approval. Motion by Jacobson for Item 6 to adopt the Resolution R - 99 supplied by Staff (to deny the request). Motion dies for lack of a Second. Motion by Orttel, Seconded by Johnson, that the Council approve a request for a Comprehensive Plan Amendment for property described as Pin 23-32-24-23-0003 and a rezoning on the same property to Shopping Center which will allow all uses allowed in the Shopping Center Zoning with the exception that all retail uses must be approved by the majority of the City Council and that the developer agree to the same. Approval by the City Council would be on the basis of those based on the health, safety, welfare and morals of the City of Andover, criteria as set out for Special Use Permits; subject to the agreement of the developer. DISCUSSION: Attorney Hawkins advised that a majority vote is generally sufficient on those items relating to pennits. He noted the City would enter into a zoning contract with the developer. There was some discussion on requiring a 4/5 majority vote on the uses, but it was decided a simple )ú¡JCY majority vote ~\I{,~t: suffki~. Co¡ncilmember Knight stated he did not intend to be picky on the uses, but w-JA e 0 ~er;t e ~c;,ûfances in place. Órr"0rQ61 dJ/ dPC] Councilmember Orttel added to the motion: The rezoning is contingent upon approval of the Metropolitan Council ofItem 6, the Comprehensive Plan Amendment. Second Stands. (Resolution R014-99 approving the Comprehensive Plan Amendment and Resolution R015-99 approving the Rezoning) Motion carried on a 4- Yes, I -No (Jacobson) vote. -.·0" . __.~__.. ~_ _...._ ~_..._ __. ._ M. _.. U Regular Andover City Council Meeting Minutes - January J 9, J 999 Page 10 REVISED PRELIMINARY PLAT/CHESTERTON COMMONS Mr. Carlberg reviewed the revised preliminary plat of Chesterton Commons which includes the commercial area just approved by the Council. Some changes relate to the items agreed to regarding the storm drainage. The drainage system is contingent upon the development of Cambridge Estates developing concurrently with Chesterton Commons; but Cambridge Estates does have 30 days to record the easements. Therefore, it is not necessary to require simultaneous development in the resolution. Attorney Hawkins stated the agreement with Mr. Windschitl is completed, and when the plat is accepted, the City can implement the drainage system to the satisfaction of everyone. The agreement includes the dedication of needed easements in Chesterton Commons 2nd, 3rd and 4th Additions and the construction of improvements. The Hamiltons have been informed but have not been involved. This is what the City wants to meet the storm drainage needs of the area. The construction needs to be completed no later than July 1. Motion by Jacobson, Seconded by Orttel, the Resolution approving the revised preliminary plat of Chesterton Commons by Ashford Development Corporation located in Section 23, Township 32, Range 24, Anoka County as presented by Staff with the following changes: Item 2, delete "preliminary Plat" and add "final plat" instead. Item 6, Additional conditions added by the City Council to insure the drainage for Hamilton Square plat is provided through the site to Ditch 37 through the executed development contract agreements between the City Council and the developer, Mr. WindschitI. Add Item 7, contingent upon approval of the Comprehensive Plan amendment and agreement to the contract rezoning by the developer. (Resolution R016-99) DISCUSSION: Mr. Windschitl was concerned that the contract rezoning and restriction on retail virtually eliminates any possibility of marketing the property for commercial uses. It can be argued that every item on the list falls into retail uses. He questioned the value of proceeding. The Council suggested he come in with a list of possible uses for Council approval. Motion carried unanimously. FINAL PLAT/CHESTERTON COMMONS SECOND ADDITION Mr. Carlberg pointed out the feasibility report notes that Cambridge Estates must develop this year for the water management portion to work. Mr. Erickson stated otherwise the water line may have to be looped. That will be re-evaluated if Cambridge Estates does not develop. Gorden Jensen. attorney representing the Hamiltons - stated not requiring Cambridge Estates to be developed concurrently changes his understanding of the agreement. Attorney Hawkins stated the Chesterton Commons 2nd, 3rd and 4th Additions should be recorded concurrently; however, it is not necessary that Cambridge Estates be recorded concurrently. -.. ,-~-.- . . -. -- -- ì Regular Andover City Council Meeting Minutes - January 19, 1999 Page 11 (Final Plat/Chesterton Commons Second Addition, Continued) Motion by Knight, Seconded by Jacobson, Item 9 the Resolution as presented with the change in Item 16 of the Resolution, the final plat shall be recorded with the final plats of Chesterton Commons Third and Chesterton Commons Fourth within 30 days of notification of approval by the City Clerk. Subject to the approval of the Comprehensive Plan amendment by the Metropolitan Council and the approval of the contractual rezoning by the developer. Item I I, Additional variance to Ordinance 10, Section 9.06 A(1) and Section 4 requirement of the 100-foot buidability requirements for Lots 3 and 4, Block 5. (Resolution ROI 7-99) Motion carried unanimously. ACCEPT REVISED FEASIBILITY REPORT/ORDER PLANS AND SPECSI/P97- 49/CHESTERTON COMMONS SECOND ADDITION Motion by Orttel, Seconded by Knight, the revised Resolution for Item 10 as presented. (Resolution R018-99 accepting revised feasibility study, waiving public hearing and directing preparation of plans and specifications) Motion carried unanimously. APPROVE PLANS AND SPECSI/P97-49/CHESTERTON COMMONS SECOND ADDITION Motion by Orttel, Seconded by Knight, approving Item I I as presented, subject to Comprehensive Plan amendment approval by the Metropolitan Council and the acceptance of the contractual rezoning by the developer. (Resolution RO I 9-99 approving plans and specs) Motion carried unanimously. FINAL PLAT/CHESTERTON COMMONS THIRD ADDITION Motion by Orttel, Seconded by Knight, the Resolution approving the Final Plat of Chesterton Commons 3rd Addition, delete "Cambridge Estates" in Item 14 of the Resolution. Subject to the approval of the Comprehensive Plan Amendment by the Metropolitan Council and the approval of the contractual rezoning by the developer. (Resolution R020-99) Motion carried unanimously. ACCEPT REVISED FEASIBILITY REPORT/ORDER PLANS AND SPECSI/P98- 34/CHESTERTON COMMONS THIRD ADDITION Motion by OrtteJ, Seconded by Jacobson, the Resolution (Resolution R021-99 accepting revised feasibility study, waiving public hearing and directing preparation of plans and specs). DISCUSSION: Council directed Staff that when going out for bids, the bidders understand there may be contingencies on the project. Motion carried unanimously. -.... . __..__ _ -_...._ __ u __. _. . _, ..__ ·. Regular Andover City Council Meeting Minutes - January 19, 1999 Page 12 FINAL PLAT/CHESTERTON COMMONS FOURTH ADDITION Jen:y Windschitl - stated the plat was designed to provide the easement for the Hamilton water to go north. That is assuming that the City is not going to make any other changes to it. The engineering and calculations are based on what they know now, and he wants to make sure the City has no intention of making any other changes. The system isn't designed to allow water from across the road to come into it. Mr. Erickson stated the assumption is there would be no changes in the Hamilton Square area. In reviewing the area, they didn't find anything that would need modifications. There is no intent to direct additional drainage to that location. Mr. Carlberg asked the Council's intent on Item 17 of the Resolution relating to sidewalks along I 54th Lane. They would just be within the commercial area itself. The Council agreed. Motion by Knight, Seconded by Orttel, Item 14 with the corrections to Item I I, eliminate Lot 7. Item 12, add Lot 4, Block 2. Item 15, delete "Cambridge Estates". Item 16, add "and acceptance of the contractual rezoning by the developer." (Resolution R022-99) DISCUSSION: Gorden Jensen. Hamilton's attorney - stated Cambridge Estates has been deleted in the Resolutions and is not being required to file concurrently with the Chesterton Commons plats. If it does not develop concurrently, will they be put in a position to vacate easement on the Hamilton property? Attorney Hawkins stated did not think it would be a problem, as the Cambridge Estates plat is proposed to be approved this evening. The City is not allowing Mr. Windschitl to develop his property until the easement is dedicated for the storm sewer system in Cambridge Estates. If Cambridge Estates does not development, neither Hamilton Square nor the Chesterton Commons plats will be able to develop. Councilmember Knight called the question. Motion carried on a 4- Yes, I -Absent (McKelvey) vote. ACCEPT REVISED FEASIBILITY REPORT/ORDER PLANS AND SPECS/IP98- 30/CHESTERTON COMMONS FOURTH ADDITION Motion by Orttel, Seconded by Jacobson, Item 15 as presented accepting the revised feasibility study for Chesterton Commons Fourth Addition. (Resolution R023-99) Motion carried unanimously. Mr. Windschitl thanked the Staff and Attorney Hawkins for their efforts in getting the stonn drainage issue resolved. FINAL PLAT/CAMBRIDGE ESTATES Mr. Carlberg stated Chesterton Commons 2nd Addition has an outlot that will be replatted with Cambridge Estates. . . .---....- --~. >-. .... -.-. I , . Regular Andover City Council Meeting Minutes - January 19, 1999 Page 13 (Final Plat/Cambridge Estates, Continued) Motion by Knight, Seconded by Orttel, approval of the Plat with the following changes: Item 14, A variance to Ordinance No.8, Section 6.02 for Lot 7, Block 4, minimum lot depth requirements. Renumber the following 3 items: Item 15, remain as is. Item 16, The plat will not be developed fully until the plat to the south is developed. Item 17 as is. Add Item 18, Require recording and platting of Outlot A. (Resolution R024-99) Motion carried unanimously. ACCEPT REVISED FEASIBILITY REPORTIIP98-9/CAMBRIDGE ESTATES (PHASE IISOUTH AREA) Motion by Knight, Seconded by Orttel, to so move. (Resolution R025-99 accepting revised feasibility study, waiving public hearing and directing preparation of plans and specs) Motion carried unanimously. COMPREHENSIVE PLAN DISCUSSIONIFEASIBILITY REPORTIIP98-I7IBUNKER LAKE BOULEVARD NW SANITARY SEWER RECONSTRUCTION Motion by Orttel, Seconded by Knight, that Item 18 be carried over to a Special City Council meeting on Monday, January 25. Motion carried unanimously. SIGNS FOR SNOWMOBILINGIROUND LAKE BOULEVARD NW Councilmember Orttel stated when snowmobilers are stopped in the "No Snowmobiling" zone on Round Lake Boulevard, most say they did not know they could not ride there. He suggested Staff research what type of signs could be installed along there, even if the City has to buy them itself. Councilmember Johnson thought the Sno Dragons may have some signs left. Motion by Orttel, Seconded by Knight, that Public Works be authorized to install up to 20 signs between the south border of the City and South Coon Creek Drive along Round Lake Boulevard. Move that the Council authorize the snowmobile trail crossing sign on Round Lake Boulevard; all subject to approval by the Anoka County Highway Department. Motion carried unanimously. SCHEDULE BOARD OF REVIEW Motion by Knight, Seconded by Orttel, to set April 7 as the Board of Review. Motion carried unanimously. - . ... .~. , -., Regular Andover City Council Meeting Minutes - January 19. 1999 Page 14 REVIEW OF ORDINANCE 10, SECTION 9. 0 7/PARK DEDICATION REQUIREMENTS The Council agreed to discuss this item at a special meeting with the Park and Recreation Commission (see the following Items of these Minutes). APPOINT NEW PARK AND RECREATION COMMISSION MEMBERS Motion by Jacobson, Seconded by Knight, to reappointed Jim Lindahl and Brian Barringer to the Park and Recreation Commission. Motion carried unanimously. APPOINT CHAIR AND VICE-CHAIR/PARK AND RECREATION COMMISSION Motion by Jacobson, Seconded by Orttel, the Council appoint Dave Blackstad as Chainnan and Brian Barringer as Vice Chair of the Park and Recreation Commission for the coming year. Motion carried unanimously. SCHEDULE SPECIAL JOINT MEETING WITH PARK AND RECREATION COMMISSION Park and Recreation Commission Chairperson AI Grabowski asked if the Planning and Zoning Commission should review the proposed ordinance change on park dedication or hold a public hearing on it. The Council felt the Planning Commission should review it. Motion by Jacobson, Seconded by Knight, to set February 4, 7 p.m., for a special joint meeting with the Park and Recreation Commission. Motion carried unanimously. SCHEDULE WORKSHOP/STRATEGIC PLANNING SESSION The Council agreed to hold a workshop on Tuesday, February 23, 7 p.m. ACCEPT RESIGNATION/MIKE GAMACHElPLANNING AND ZONING COMMISSION and REAPPOINTMENTÆDAlHUPP Motion by Knight, Seconded by Orttel, to approve both Items 26 and 27; appoint Hupp for a two- year term. Motion carried unanimously. .' __...._ __ k.._, _. . M. .~_ " ~ Regular Andover City Council Meeting Minutes - January 19, 1999 Page 15 GAMBLING REPORT Mayor McKelvey suggested that due to the late hour, this item be moved to the next meeting. Motion by Jacobson, Seconded by Knight, to so move. Motion carried unanimously. M4YOR/COUNCIL INPUT Green Acres - Councilmember Knight stated he talked with both of the City's legislators about the interpretation of the Green Acres law. They directed him to Bill Schreiber of the Metropolitan Council because he has been active on this issue. It is an issue that the City should be bringing to the meeting and to the County Commissioners at the quarterly meeting on January 28. Mr. Fursman stated he asked the county if they would assist in drafting legislation that could be taken to the legislature. Apparently the county will be assisting with that endeavor. Redevelopment in the vicinity of 138th - Councilmember Orttel noted the area of 138th has been one of the highest crime areas of the City. The City of Columbia Heights received monies through HUD to tear down a similar-type neighborhood. He is not interested in doing that but felt the duplexes could be acquired, remodeled with party-wall agreements and garages, then sold as starter homes. It would help property values in the area plus help the public at large by reducing police calls. He asked that the City Attorney look into the issue and that it be put on a future agenda for discussion. Redevelopment of apartments along Bunker Lake Boulevard - CounciImember Orttel noted there have been some Council discussions about acquiring and redeveloping the apartments along Bunker Lake Boulevard just east of Crosstown Drive into office buildings. He has since learned that his brother has acquired them as an investment. Consequently, he will not be voting on any items related to this area, though he still thinks the redevelopment is a good idea because it is very dangerous along that road for rental housing. APPRO V AL OF CLAIMS Motion by Jacobson, Seconded by Knight, the bills as presented this evening for approval. Motion carried unanimously. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at I I :35 p.m. 1(''''lfull'' bm~L ~ A. Peach, ~ing ~':;'etary . - - ~. ~- , 0._- _ ·