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HomeMy WebLinkAboutCC January 5, 1999 I l'U' ,'-\:;....... ' ' T . ". CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755·5100 Regular City Council Meeting - Tuesday, January 5, 1999 agenda Call to Order - Following the EDA Meeting Held at 6:00 PM . Bookmark Swearing in Ceremony Resident Forum Name Agenda Approval Consent Agenda Approval of Minutes minutes' Orl!anizational Items I. Approve Official Depositories & Banks bank 2. Approve Official Newspaper newspape 3. Appoint Acting Mayor actmayor 4. Appoint Standing Committees committe Discussion Items 5. Special Use PermitIPlanned Unit Development/Grey Oaks/Chesterton Partnership suppud 6. Preliminary Plat/Grey Oaks/Chesterton Partnership pplatgrey 7. Accept Petition/Order Feasibility Report/98-29/Grey Oaks pet9829 8. Amended Special Use PermitlPUD/ShadowbrooklBunker, LLC amendsuppud 9. Revise Preliminary PlatlShadowbrooklBunker, LLC revisepplat 10. Accept Petition/Order Revised Feasibility Report/98-28/Shadowbrook 5th Addition pet9828 I L Accept Petition/Order Revised Feasibility Report/97-49/Chesterton Commons 2nd Addition pet9749 12. Accept Petitiqn/Order Revised Feasibility Report/98-34/Chesterton Commons 3rd Addition pet9834 13. Accept Petition/Order Revised Feasibility Report/98-30/Chesterton Commons 4th Addition pet9830 14. Hills of Bunker Lake 6th Sketch Plan/HiIls, Inc. hills6 ]5. Ed Fields and Sons Sketch Plan/Section 15 fields 16. Discuss Issuance of Gambling License, Continued gambling HRA Meetinl! 17. Appoint HRA Officers appthra Staff, Committees, Commissions 18. Schedule InterviewsIPark & Recreation Commission parkrec 19. Discuss 1999 Budget/Community Education Budget communityed Non-Discussion/Consent Items 20. Approve GIS Contract gis 21. Approve HireIBldg/Clerk Tech bldgc1erktech 22. Accept Petition/Order Feasibility Report/98-36/Chesterton Commons North pet9836 23. Accept Petition/Order Feasibility Report/98-27/Fox Hollow pet9827 24. Order Revised Feasibility Report/98-9/Cambridge Estates (Phase I/South Area) feas989 25. Approve Kennel License Renewal/Cleo Nehrt kennel 26. Approve Hire/Data Entry Clerk (Account Clerk I) dataentry 27. Approve Carpet Purchase/98-I/Old City Hall (Former Council Chambers) appr981 28. 90 day Temporary Mobil Home Permit mobilhome Mayor/Council Input Payment of Claims Adjournment ...........__... "..__'.M' .. . 'I. [ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUAR Y 5, 1999 TABLE OF CONTENTS SWEARING IN CEREMONY ................................................ I RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Approve GIS contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve hire/Building Clerk Tech (Catherine Okerstrom) ....................... 2 Resolution ROOI-99 accepting petition/ordering feasibilityIIP98-36/Chesterton Commons North .................................................... 2 Resolution R002-99 ordering revised feasibilityIIP98-9/Cambridge Estates. . . . . . . . .. 2 Approve kennel license renewal/Cleo Nehrt .................................. 2 Approve hirelData Entry Clerk (Brenda Fildes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES .................................................. 3 APPROVE OFFICIAL DEPOSITORIES AND BANKS AND OFFICIAL NEWSPAPER Resolution R003-99 designating depositories ................................. 3 Motion to approve Anoka County Union as official newspaper ................... 3 APPOINT ACTING MAYOR Motion to appoint Mike Knight as Acting Mayor .............................. 3 APPOINT STANDING COMMITTEES Motion to approve appointments to committees ............................... 3 SPECIAL USE PERMITIPUD/GREY OAKS/CHESTERTON PARTNERSHIP.. . . . . . .. 3 Motion for 60-day extension .............................................. 7 PRELIMINARY PLAT/GREY OAKS/CHESTERTON PARTNERSHIP Motion to table ..................................... . . . . . . . . . . . . . . . . . . .. 7 PETITION/ORDER FEASIBILITY REPORTIIP98-29/GREY OAKS Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 AMENDED SPECIAL USE PERMITIPUD/SHADOWBROOKlBUNKER, LLC ........ 7 Resolution R004-99 granting approval ...................................... 8 REVISED PRELIMINARY PLAT/SHADOWBROOKlBUNKER, LLC Resolution R005-99 approving revised plat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 ACCEPT PETITION/ORDER REVISED FEASIBILITYIIP97-49/CHESTERTON 2, 3 & 4 Resolution R007-99 declaring adequacy of petition/ordering feasibility/Chesterton 2 .. 9 Resolution R008-99 declaring adequacy of petition/ordering feasibility/Chesterton 3 .. 9 Resolution R009-99 declaring adequacy of petition/ordering feasibility/Chesterton 4 .. 9 HILLS OF BUNKER LAKE 6TH SKETCH PLANIHILLS, INC. . . . . . . . . . . . . . . . . . . . .. 9 DISCUSS ISSUANCE OF GAMBLING LICENSE............................... 10 Motion to reconsider gambling license for Andover Lions ...................... I I Motion to approve gambling license for Andover Lions ........................ I I Motion to work directly with the Lions Club, not through the Mayor. . . . . . . . . . . . .. 12 ORDINANCE AMENDMENT NO. 109A - REGULATING SNOWMOBILES Motion to approve ..................................................... 12 ACCEPT PETITION/ORDER FEASIBILITY REPORTIIP98-27/FOX HOLLOW Motion to table ........................................................ I3 90-DA Y TEMPORARY MOBILE HOME PERMIT Motion to approve (I 78 I 6 YeIlowpine Street NW) . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 '.. U Regular Andover City Council Meeting Minutes - January 5. 1999 Table of Contents Page ii SCHEDULE INTERVIEW SIP ARK AND RECREATION COMMISSION Motion to schedule interviews at 6: 15, January 19 ............................ I3 DISCUSS 1999 BUDGET/COMMUNITY EDUCATION BUDGET................. I3 MAYOR/COUNCIL INPUT The Farmstead project .................................................. 14 Budget policy ......................................................... 14 Conflict of interest ..................................................... 14 City newsletter ........................................................ 14 Developer guidelines ................................................... 14 Geotechnical studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 APPROVAL OF CLAIMS .................................................. 15 ADJOURNMENT......................................................... 15 ~. ~L , . - - -- .- ~-- -' '-> apP'@la~ :]7.f\Lt(L~ c¡/ I {(Cíq CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 5,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, January 5, 1999, 7:04 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, William G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others SWEARING IN CEREMONY Attorney Hawkins administered the oath of office for Mayor Jack McKelvey and Councilmembers Don Jacobson and Julie Johnson. RESIDENT FORUM Carroll Abbott. 4917 142nd Lane - raised the issue of snowmobiles on the streets, relating an incident of high speeds and verbal disrespect while he was walking on the street at 9:30 p.m. one evening. He also asked why the City discontinued using the Andover Times as the newsletter to the residents. The City is receiving bad publicity because of it. Mayor McKelvey read a statement that the City has decided to return to providing an independent newsletter in an attempt to upgrade the quality of the newsletter and to correct some distribution problems relating to the Andover Times. The decision to publish its own newsletter had nothing to do with any articles in the Andover Times nor its position on any issues. That decision should have no bearing on the ability of the Times to continue operating. That decision was made at a budget meeting. Councilmember Orttel was concerned that the [mancial documents of the budget are being used as a policy document. He did not realize that approving the budget automatically meant discontinuing the use of the Andover Times as the City newsletter. He felt such policy items should come before the Council to be voted upon before being implemented. Without the Times, the residents will not have access to local news and will lose a voice independent of the City. He was also concerned that most newsletters never get read because they are so sterile with no real information about what is going on in the City. There is no opposing view. He didn't think the City was guilty of any constitutional abuse, but he wondered if the City shouldn't look more closely at the issue. Councilmember Jacobson stated under the Mayor/Council input he was going to ask for pennission to work with Staff to look at the cost of the newsletter and to come up with some proposals about possibilities. .. . ...... _..__...... ""0 _. ~~. ,I [ Regular Andover City Council Meeting Minutes - January 5. 1999 Page 2 (Resident Forum. Continued) Winslow Holasek. 1159 Andover Boulevard - stated it seems the Council didn't make the decision to stop using the Times for the newsletter. There should be a formal agreement by the Council. Mr. Fursman stated he contacted the paper. Staff presented the budget to the Council with the recommendation to look at the monies spent on a City calendar and on the newsletter and to fund something that serves both areas. Also, there are hundreds of people who do not get the Times. With the advancements in desktop publishing, Staff was thinking it could upgrade the newsletter. It was only talked about briefly at the budget meeting. When the budget was approved, he contacted the paper of the plans to drop the Times. There have been no discussions by the City Council. He took the vote on the budget as the Council wanting to do their own newsletter. (Councilmember Knight arrived at this time, 7:25 p.m.) Councilmember Orttel thought the intent at the budget meeting was to investigate the option further. It had nothing to do with the articles written in the Andover Times. He felt the matter still should be investigated. AGENDA APPROVAL Add Item 16a, Adopt Ordinance Amendment No. 109A - Regulating Snowmobiles; Delete from Agenda Item 15, Ed Fields and Sons Sketch Plan/Section 15 and Item 27, Approve Carpet PurchaseIIP98-I/Old City Hall (Former Council Chambers); Remove from Consent Agenda for discussion Item 23, Accept Petition/Order Feasibility ReportlIP98-27/Fox Hollow and Item 28, 90- Day Temporary Mobile Home Permit. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 20 Approve GIS Contract Item 2 I Approve HirelBuilding Clerk Tech (Catherine Okerstrom) Item 22 Accept Petition/Order Feasibility ReportlIP98-36/Chesterton Commons North (Resolution ROOI-99) Item 24 Order Revised Feasibility ReportlIP98-9/Cambridge Estates (Phase I/South Area) (Resolution R002-99) Item 25 Approve Kennel License Renewal/Cleo Nehrt Item 26 Approve HirelData Entry Clerk (Account Clerk I) (Brenda Fildes) Motion by Knight, Seconded by Jacobson, to approve the Consent Agenda. Motion carried unanimously. ( .. -. ~ " l '1,... Regular Andover City Council Meeting Minutes - January 5, 1999 Page 3 APPROVAL OF MINUTES December 7, 1998, Truth-in-Taxation Hearing: Correct as written. December 15, 1998, Regular Meeting: Correct as written. Motion by Orttel, Seconded by Knight, approval of both Minutes. Motion carried on a 3-Yes, 2- Present (Jacobson, Johnson) vote. APPROVE OFFICIAL DEPOSITORIES AND BANKS and APPROVE OFFICIAL NEWSPAPER Motion by Jacobson, Seconded by Orttel, approve in the affirmative Items I and 2. (Resolution R003-99 designating depositories of City Funds) (approve Anoka County Union as official newspaper) Motion carried unanimously. APPOINT ACTING MAYOR Mayor McKelvey recommended Mike Knight be appointed Acting Mayor. Motion by Jacobson, Seconded by Johnson, to so move. Motion carried on a 4-Yes, I-Present (Knight) vote. APPOINT STANDING COMMITTEES Mayor McKelvey recommended the following appointments: Road Committee: Ken Orttel, Chair, and Julie Johnson; Economic Development Committee: Jack McKelvey Chair and Ken Orttel; Public Safety Committee: Mike Knight, Chair, and Don Jacobson; Personnel Committee: Don Jacobson, Chair, and Jack McKelvey; Environmental Committee: Julie Johnson, Chair, and Mike Knight. Motion by Jacobson, Seconded by Knight, to approve the recommendation. Motion carried unanimously. SPECIAL USE PERMIT/PLANNED UNIT DEVELOPMENT/GREY OAKS/CHESTERTON PARTNERSHIP Mr. Carlberg reviewed the Special Use Pennit request of Chesterton Partnership for a PUD to develop a mixed use development consisting of two 65-unit apartments, six 30-unit apartments 38 twinhomes,4 single family residential lots and 3 commercial lots. The property is zoned M-2, M' _. , [ " Regular Andover City Council Meeting Minutes - January 5. 1999 Page 4 (Special Use Permit/Planned Unit Development/Grey Oaks/Chesterton Partnership, Continued) Multiple Dwelling. The Planning and Zoning Commission is recommending denial of the Permit Jerry Windschitl, Chesterton Partnership, stated for the record there is a correction on Page 3 of the Planning Commission Minutes, first sentence stating Mr. Windschitl's intent is the entire development be for age 55 and older. He didn't believe that was an accurate statement, as he has been very careful not to specifY age on the project. A letter was presented to the Planning Commission asking several questions about the project. He introduced the people involved in the project. The design engineer is Hakanson Anderson represented by Pete Raatikka who has experience in these types of developments. The architect is Mr. Len Lampert from Lampert Architects, who was also involved in The Willows project in Ham Lake and Epiphany's senior center in Coon Rapids. A similar development to this is the Majestic Oaks Golf Course. The changes in the plat made at the recommendation of the Watershed Board are to move Lynnete Street over and to move the street closer to the day care to minimize the impact on the wetland. The development offers a large amount of recreation. The proposal which has been accepted by the Park and Recreation Commission is the amenities in the development will remain private and intended for the development, and the City would accept cash in lieu of land for the entire plat. Mr. Windschitl stated this is a very expensive project. The buildings will be of brick and stucco and vinyl. There will be a public trail along the commercial center and one going south to tie into the plat of Fox Hollow. The intent is to custom grade to try to retain as many trees as possible. There is natural screening on the west side. They have discussed with this with the Watershed, and he believes they are willing to let them move the mitigation of the wetland so it does not interfere with the trees along Nightingale. The Watershed is also willing to work with them on keeping as many trees as possible when the ditch is being reconstructed as long as the trees don't impede the flow of the water. Mr. Windschitl stated the sketch plan was presented with I Y, parking stalls per unit, and that is how the preliminary plat was designed. This has become what controversial as some as saying there should be more parking stalls. When designing the plat, they attempted to get as much green space and save as many trees as possible. They have the room to increase the parking per unit, but it will have an impact on the green acres. Mr. Windschitl then went through the items listed by the Planning Commission as their reasons for denial of the Permit. The first finding was there is no guarantee that the project will be senior/empty nester as anticipated, which is one of the major reasons for the PUD. He argued he cannot be made to do something that is not legal. It is illegal for him to put an age restriction on these units. He has read the report by the City's bonding consultant. His research finds that federal law supersedes state law, and the federal laws do not allow him to discriminate based on age. If there is a TIF district, there is a provision for the City to set age requirements. The second finding was the plan allows for more units than in the M-2 designation. Mr. Windschitl did not believe that was accurate. To determine the number of units that would be allowed in the .. - -. .....-.- -- --, -- . - -. ,- M' _... "[ Regular Andover City Council Meeting Minutes - January 5. 1999 Page 5 (Special Use Permit/Planned Unit Development/Grey Oaks/Chesterton Partnership, Continued) M-2 zone, the area would have to be platted. Mr. Carlberg stated the Staff did a rough estimate of the number of units allowed in the M-2 zone and found there could be about 327 units. There are 352 units being proposed in the plat. Mr. Windschitl noted the third finding was the parking is inadequate. If that was an issue, he felt it should have been raised at the sketch plan stage. They can accommodate 2 Y, stalls per unit, but it would eliminate a lot of green space. The Farmstead was developed at .75 stalls per unit. Councilmember Jacobson stated the Commission felt there wasn't enough space for visitors and family. Under the ordinance there would be 125 more parking spaces. Councilmember Orttel stated if that is the case, then the City really errored in the Farmstead project. Len Lampert. Architect for the proiect - stated it is their experience at the Willows and at Epiphany that I Y, stalls is sufficient. He has never seen the surface parking lot even half full at the Willows. Those developments have one stall underground and Y, above ground for each unit. Councilmember Jacobson stated the Commission was also concerned that there is no guarantee that this will be an empty-nester development. If that is true, more parking spaces will be needed. Councilmember Orttel was concerned there is a movement to bring low-income housing in here, which is not what the City wants. This development should not have multiple family housing. The intent is for senior housing which can be guaranteed as it was for the Farmstead project. Mr. Windschitl noted the fourth finding questioned the adequacy of the right-of-way for the Northern Natural Gas line. He stated he doesn't have an obligation to provide extra right of way for them. The legal description of the easement has been provided. The fifth finding relates to the questionable use of the TIF funds on this project. He stated the use of the funds was intended to be exactly the same as on the Farmstead project. The sixth finding was an 8-foot setback on the streets is too close for safety and affects snow removal. Mr. Windschitl stated the City Council approved a plat that has these exact setbacks. They worked with Staff on the setbacks. It was a conscious effort to make this plat and a prior approved plat identical.The seventh finding was a concern with the RV storage facilities. Mr. Windschitl stated those were added as a result of comments from the Council at the sketch plan stage. If there is an objection to them, they can take them out. He thought that is what the Council wanted him to do. The eighth finding was a Comprehensive Plan amendment would be required if the development is not phased. Mr. Windschitl stated if they were to build west of the creek in 1999, the finding is correct. At the sketch plan stage, the Council allowed them to install all of the amenities and utilities at once. He'd prefer to have a Comprehensive Plan amendment; but if there is no willingness on the part of the City to do so, they can wait. The ninth finding referred to the significant items still outstanding. Mr. Windschitl stated one of the items is the intersection off Hanson Boulevard. They have hired a traffic engineer to lay it out for them. That drawing was presented to the Staff this evemng. It was the engineer's recommendation that there be two entrances to the commercial buildings. I' I ',' Regular Andover City Council Meeting Minutes - January 5, 1999 Page 6 (Special Use Permit/Planned Unit Development/Grey Oaks/Chesterton Partnership, Continued) Mr. Windschitl stated they have invested a huge amount of money into this project, but there appears to be opposition from the City. If the City did not want this project, why wasn't it stopped at the sketch plan stage? There are no different facts now than there were then. Councilmember Orttel asked what was used for traffic flows by the traffic engineers. One of the concerns has been the additional traffic during rush hour. He didn't think that would be much of a problem because of the habits of the seniors. Pete Raatikka. Engineer for the proiect - stated they looked at the traffic assuming it was a regular development with part of it for seniors. The rate of four trips per day was used for the senior buildings and normal traffic projections on the remaining portion of the project. Councilmember Jacobson noted the bond counsel has suggested an age restriction can be used if the development is under any state or federal programs. He asked if Mr. Windschitl is proposing this entire project to be age 55 years or older. Mr. Windschitl understood the two large buildings and one of the 30-unit buildings would come under the TIF program. That does allow the right to have age restrictions. In the case of the Farmstead, it was 55 years old. Those units in the TIF would be rental units, as the developer is required to write down a portion of the rent. The remainder of the project was intended to be sold, not rented. In that portion that will be sold, he cannot discriminate by age. From a practical standpoint, a large amount of the sales will depend on how the project is marketed and presented. The Council then mentioned instances in other states where there are restrictions on age. Mr. Windschitl stated similar situations have been litigated in Florida, and the Supreme Court has said it is illegal to do that. Some of the senior communities are totally private. In that case, they may be able to have different rules. They are proposing this be public streets. The Council had a lengthy discussion on the fact that the intent has always been that this would be a senior development, that the Council did not want multiple housing or apartments in this area, that they have not seen the covenants or association documents on this development, and on a concern that the developer could sell an entire building with the new owner in turn converting it to a rental apartment building. Councilmember Orttel suggested the City needs to receive a firm opinion on what programs other than TIF are available to waive the federal discrimination rules and is there an ability for the TIF contribution to cover the infrastructure so the entire project can be placed under the age restriction. The Council's intent was to have only empty nesters in this development, and there is a need to find some way to guarantee that. He did not want to see this developed as a M-2 development. Mr. Windschitl stated it is not their intent to sell the multiple buildings for rental apartments. The intent is to sell each of the units individually. All of the units will be under an association to try to solve some of the issue. He did not have a problem presenting documents that all units outside of the TIF would be sold as long as he is not in violation of any law. ...... Regular Andover City Council Meeting Minutes - January 5, 1999 Page 7 (Special Use Permit/Planned Unit Development/Grey Oaks/Chesterton Partnership, Continued) Councilmember Knight was concerned that the RV storage units will become commercial rental units. It was not the intent to place those buildings near the main street. They should be hidden somewhere in the interior so they are not offensive to the people. It may take some redesign so they are less offensive. The use of those units should also be restricted to the people living in the development. Mr. Windschitl agreed. The RV storage facilities are not in the amenities category. The intent was for 12 to 14-foot side walls with a hip roof and brick facing Nightingale and the garage doors such that they won't be seen. If the Council feels they don't belong, they can remove them. They do need one building as a maintenance garage for the association equipment. The Council deliberated on how to resolve the issues, particularly limiting this to a senior development, and on how to proceed. They felt the issues must be resolved before acting on the Special Use Permit and preliminary plat. Staff advised the Council may ask for an extension of the developer may request one. Motion by Knight, Seconded by Orttel, to request a 60-day extension for time to get some legal interpretation as to where we stand. DISCUSSION: Councilmember Knight clarified the intent is to get a legal interpretation as to how to guarantee this to be only an empty-nester senior development. In answer to Mr. Windschitl's question about the RV storage, the Council suggested the buildings be pulled back off Nightingale so they are not visible to those houses. Motion carried unanimously. PRELIMINARY PLAT/GREY OAKS/CHESTERTON PARTNERSHIP Motion by Knight, Seconded by Orttel, to table the item. Motion carried unanimously. ACCEPT PETITION/ORDER FEASIBILITY REPORT/IP98-29/GREY OAKS Motion by Jacobson, Seconded by Orttel, to table. Motion carried unanimously. AMENDED SPECIAL USE PERMITIPUD/SHADOWBROOK/BUNKER, LLC (Councilmember Knight temporarily left the meeting, 8:45 p.m.) Mr. Carlberg reviewed the request of Bunker, LLC, to amend the Planned Unit Development of Shadowbrook Fifth Addition. The original PUD approved on May 7, 1996, provided for 60 townhomes. The developer is now proposing to construct 40 single family detached townhomes and is replatting Lot I, Block 2 of Shadowbrook Third Addition where a water storage facility was planned. The City has changed plans and is only providing for a well in this location. Three single --- -, ,,~ , Regular Andover City Council Meeting Minutes - January 5, 1999 Page 8 (Amended Special Use Permit/PUD/Shadowbrook/Bunker, LLC, Continued) family lots are planned as a part of the replat, and the City will purchase one of the lots for the well site. The Council asked why the change from townhomes to single family detached townhomes. Mike Ouigley. Bunker. LLC - stated they found the market calling for the single family detached townhomes, and people generally were not in favor or having any attached townhomes beyond what is there now. Motion by Jacobson, Seconded by Johnson, the Resolution presented by Staff. (Resolution R004-99 granting the Amended Special Use Pennit request) Motion carried on a 4- Yes, I -Absent (Knight) vote. REVISED PRELIMINARY PLAT/SHADOWBROOK/BUNKER, LLC Motion by Jacobson, Seconded by Orttel, in the affirmative, Item No.9, the Resolution as presented by Staff. (Resolution R005-99 approving the revised preliminary plat) Motion carried on a 4- Yes, I -Absent (Knight) vote. ACCEPT PETITION/ORDER REVISED FEASIBILITY REPORTIIP98-28/ SHADOWBROOK 5TH ADDITION Motion by Jacobson, Seconded by Orttel, in the affirmative for Item lOin the Agenda. (Resolution R006-99 declaring adequacy of petition and ordering preparation of a revised feasibility report) Motion carried on a 4- Yes, I -Absent (Knight) vote. ACCEPT PETITION/ORDER REVISED FEASIBILITY REPORTIIP97-49/CHESTERTON COMMONS 2ND, 3RD AND 4TH ADDITIONS (Councilmember Knight returned to the meeting, 8:55 p.m.) Motion by Orttel, Seconded by Jacobson, the Resolution as presented on Item I I DISCUSSION: Mayor McKelvey asked if there is an arrangement regarding the stonn drainage issue. Jerry Windschitl. Ashford Development - stated he met with Attorney Hawkins and Mr. Erickson regarding a final resolution to the issue. The final numbers will be in place for the Council at the January 19 meeting, which was the date set by the Council. Attorney Hawkins stated he is not aware of any problems with proceeding with the request before the Council. Gorden Jenson. Attorney representing the Hamiltons - stated they have not seen any of the documents and have no idea what the final proposal will look like. He thought this was to be .,- "'-' Regular Andover City Council Meeting Minutes - January 5, 1999 Page 9 (Accept Petition/Order Revised Feasibility/IP97-49/Chesterton Commons, Continued) continued to the January 19 meeting. To his knowledge, the issue of the stonn water for the Hamilton property has not been resolved. Attorney Hawkins advised they will bring back the item, which will include easement to provide drainage for the Hamilton property. A development contract will be in place to see that those improvements are constructed. Their intent is to have all that in place along with the rezoning and the Comprehensive Plan amendment for the meeting on January 19. The agreement is not going to be contingent upon receiving approval from the Hamiltons. Mr. Erickson stated Items I I through I3 are feasibility reports to advise on the costs of the projects. They do not imply proceeding with the projects. Staff didn't see them as a controversial issue. Councilmember Orttel noted the reports would be prepared at the risk of the applicant. Council member Orttel amended the motion to include Items II, 12 and 13. Second Stands. (Resolution R007 -99 declaring adequacy of petition and ordering preparation of a revised feasibility report for Chesterton Commons 2nd Addition; Resolution R008-99 declaring adequacy of petition and ordering preparation of a revised feasibility report for Chesterton Commons 3rd Addition; and Resolution R009-99 accepting petition and ordering preparation of a revised feasibility report for Chesterton Commons 4th Addition) DISCUSSION: Mr. Jenson had an issue with the adequacy of the petition as to the signatures. On the 4th Addition, the petition is signed by Jerry and Carol Windschitl as well as Ashford Development Corporation. He asked for the record who is the owner. Why is there a difference in the way the petition is signed for the 4th Addition? Attorney Hawkins wasn't sure that is any concern of the Hamiltons if they are willing to pay for a feasibility report. He will determine ownership at the time of the final plat. Councilmember Knight called the question. Motion carried unanimously. HILLS OF BUNKER LAKE 6TH SKETCH PLAN/HILLS, INC. Mr. Carlberg reviewed the sketch plan of Hills of Bunker Lake 6th Addition as being proposed by Hills, Inc., consisting of six 5,000 square-foot and one 4,000-square foot office buildings. The property is zoned Neighborhood Business. The Planning Commission reviewed the plan on December 22 and is recommending the number of small buildings be consolidated into one or two larger buildings to preserve trees. The Andover Review Committee is supporting that recommendation as well as recommending the possibility of the extension of Eagle Street through the development to the north to 140th Lane and incorporating the vacant Lots I -3, Block 5, Hills of Bunker Lake 4th Addition into the plat be explored. The Planning Commission did not agree with extending Eagle Street. The Andover Review Committee also noted the street or driveway entrance to the project on 139th Lane needs to be aligned with the driveway entrance of the development to the south, plus a 50/50 cost share will be required for the bikeway/walkway trail along Hanson Boulevard. , . .. ~- , .-- - .. .. >.~ Regular Andover City Council Meeting Minutes - January 5, 1999 Page /0 (Hills of Bunker Lake 6th Sketch Plan/Hills, Inc., Continued) Mike Oui!,dey. Hills Inc. - had drawings of the proposed office buildings. The intent is that these would be purchased buildings and would come under an association. He felt the smaller buildings would be more compatible with the neighborhood and lends itself better to a landscaping theme. They do intend to hold a neighborhood meeting on their proposal. In discussing the sketch plan, the general feeling of the Council was in favor of the smaller buildings as opposed to several larger ones. It was felt that trees could be saved by custom grading, plus that may be more acceptable by the neighborhood. Councilmember Jacobson stated the Planning Commission was proposing the buildings be clustered in the center of the property with landscaping and parking on the outside to provide more green area around the project. Mr. Quigley stated they can look at that option. It is also their intent to make the area very attractive. There was Council concern with the access to the development. The entrance off 139th Lane probably will not be signalized at Hanson Boulevard. They also did not think the residents would like having an entrance off ¡40th. The City might have to look at a service road going down to I 39th Avenue in the future so traffic could get to a controlled intersection. Councilmember Knight asked if there is a way to have the parking lot available for the City parking purposes as well. Mr. Quigley didn't know how the owners would feel and about the liability issues. The Council had no further comment but was ainterested in the neighborhood's input. DISCUSS ISSUANCE OF GAMBLING LICENSE Councilmember Orttel asked about the procedure to apply for a gambling license in this City. Attorney Hawkins advised the licenses for gambling is regulated by the State. The application is made to the State; then they give it to the City for review, comment and approval. Then it is sent back to the State. Councilmember Orttel stated a couple months ago the Council was approached by the Mayor at a budget meeting asking to have the Andover Lions Club gambling license renewed. He objected to it being on a special non-televised meeting because he thought the public should have the ability to look at it. At that time he asked for a report on how much money was spent in the City. He was told he would get a report but never has gotten one. Also, he stated the Mayor voted on the issue of the gambling license; and because he is paid by the Lions to run the gambling, he thought it was illegal. Since then the he's learned that the Parks Department in the City of Andover has received only $2,000 from charitable gambling for all of 1998. He's aware that the parks in other cities have received hundreds of thousands of dollars from charitable gambling. Mayor McKelvey stated the Lions gave over $50,000 to the City in 1998. There's been a problem between the Park Board and the Lions Club, so the Lions have been donating to other things within .,~ Regular Andover City Council Meeting Minutes - January 5. 1999 Page 11 (Discuss Issuance of Gambling License, Continued) the City. They donated $28,000 for the park in Bunker Hills 5th. They were told it was to have a railroad theme and that the park would be called the Lions Park. They even approved the equipment that had the Lion's train motto. But that equipment was never purchased and the park was not called Lions Park. For awhile, even the sign for the ball field that the Lions contributed over $100,000 for was taken down. One time the Lions asked to use the park for a tournament and there were extra charges on it. Because of that treatment, the Lions Club has decided to contribute to other Departments in the City, but not to parks. He tried to work things out with the Park Board, but it ended up only getting worse. He offered to give Councilmember Orttel a report listing the number of different organizations they have supported in the City. Councilmember Orttel felt the park issue is childish and stated the people of the City still don't know where that money is going. He also stated the Mayor had said nothing improper was going on, yet a week after the license was approved there was misappropriation of funds for a ball tournament for a for-profit organization. He charged that as being illegal use of funds. Mayor McKelvey argued it was a mistake that was corrected as soon as it was discovered. A member of the audience pointed out the Lions have donated a lot of money since they have had the gambling license. He didn't know the whole story but felt that Councilmember Orttel was on the wrong track. Councilmember Jacobson suggested the issue be reconsidered and voted upon agam. Motion by Orttel, Seconded by Knight, to reconsider the issue of gambling license for the Andover Lions. Motion carried on a 4- Yes, I -Abstain (McKelvey) vote. The discussion continued, mainly between Mayor McKelvey and Council member Orttel regarding past events. Councilmember Orttel felt the line is getting blurred with the Mayor representing the Lions and Pov's Sports Bar, and that worries him. He also understands the Lions rent a portion of the City Hall for $ I a year. He felt it is a conflict of interest for the Mayor to be voting on those issues. Mayor McKelvey stated the Lions rent an office and small storage space in the garage for $400 a month. Motion by Johnson, Seconded by Knight, to approve the Andover Lions gambling license. DISCUSSION: Mayor McKelvey explained the law allows 55 percent of the gambling money for operating expenses. Of the remaining 45 percent, 10 percent is required to be given to the City. They gave over $40,000 in donations this last month. Pov's does not get any money from the Lions. They have also donated to the schools, to needy families and to children who need medical help in the community. He stated the City Clerk does have the Lions' report on their activities. Ms. McGann noted the funds from the Lions are put into a special account but it is not a separate fund. She will meet with the Mayor and other representatives of the Lions Club to form some type of reporting procedure to the Council so everyone is clear on what is happening. Councilmember Jacobson called the question. ~ .' Regular Andover City Council Meeting Minutes - January 5, 1999 Page 12 (Discuss Issuance of Gambling License, Continued) Motion carried on a 2-Yes (Johnson, Knight), I-No (OrtteI), I-Present (Jacobson), I-Abstain (McKelvey) vote. Council member Orttel was disappointed that the Mayor was involved in illegal activities and the City did nothing about it. Mayor McKelvey stated the action was not done intentionally. Councilmember Knight suggested the Mayor be removed from the equation and that all communication be with other members of the Lions Club. Ms. McGann agreed. Motion by Knight, Seconded by Jacobson, to so move. Motion carried on a 3- Yes, I -No (Orttel), I-Abstain (McKelvey) vote. ADOPT ORDINANCE AMENDMENT NO. 109A - REGULATING SNOWMOBILES Mr. Carlberg explained the request to amend the ordinance to include language regarding enforcement comes from the Anoka County Sheriffs Office. The amendment would exempt the City's enforcement agency from the requirements of the ordinance. Motion by Jacobson, Seconded by Knight, the adoption of the Ordinance amendment to No. 109A relating to snowmobiles as presented. Motion carried unanimously. Councilmember Knight has received complaints on snowmobiles. The Sheriff s Department has not been effective in its response, and some residents are unwilling to complain for fear of retaliation. He didn't know where to go with this. Councilmember Johnson stated she too got a call yesterday from 141 st Lane. Her family is a member of the Andover Sno Dragons. They are aware of the problem in that area. Councilmember Jacobson stated there is a problem and it hasn't improved. Eventually the Council is going to have to say there is no more snowmobiling in the City. The president of the Sno Dragons Snowmobile club stated they had 10 or 15 calls on their line where people just hung up. In some cases people would just give the street name and not leave a phone number. How can they respond to that? They are a volunteer organization; and by time they get home from their jobs, the damage has been done or it is dark. They can paper tag violators, but the Sheriffs Department must follow up. There has been little follow up in the past. Winslow Holasek complimented the efforts of the Sno Dragons, especially in trying to stop problems on his property. Unfortunately, there are still people who are disrespectful. He doesn't know the answer, but felt there should be good signage on the trails and in the problem areas. Ultimately he felt they will have to be banned totally. The Council continued to discuss some of the problems with snowmobiling in the City and possible solutions. It was then suggested that the Sheriffs Department be asked to do a saturation several different times at various locations in an attempt to tag and tow violators. Mr. Fursman stated he will make that request of the Sheriff s Department. .. ." ,,_.- Regular Andover City Council Meeting Minutes - January 5, 1999 Page 13 ACCEPT PETITION/ORDER FEASIBILITY REPORT/IP98-27/FOX HOLLOW The Council was concerned with ordering the feasibility report without having reviewed the preliminary plat. Mr. Erickson stated this item can be tabled until the plat is approved. Motion by Jacobson, Seconded by Knight, to so move. Motion carried unanimously. 90-DAY TEMPORARY MOBILE HOME PERMIT Councilmember Jacobson had suggested a 120-day permit be authorized right away, but then realized the 90-day time period is set by ordinance. Motion by Jacobson, Seconded by Knight, a 90-day temporary mobile home permit at 178 I 6 Yellowpine Street NW. Motion carried unanimously. The Council recessed at this time to hold an HRA meeting, 10:10; reconvened at 10:14 p.m. SCHEDULE INTERVIEWS/PARK AND RECREATION COMMISSION The Council agreed to interview the applicants for the positions on the Park and Recreation Commission on Tuesday, January 19, 1999, from 6: 15 to 7 p.m. Motion by Jacobson, Seconded by Knight, to so move. Motion carried unanimously. DISCUSS 1999 BUDGET/COMMUNITY EDUCATION BUDGET Ms. McGann explained the Park and Recreation Commission would like to change the location of the community education budget within the financial statements. The practice of the City since funding the Community Education Budget has been to place those dollars within the Park Budget of the General fund. They are under a separate subtitle, which segregates it from the rest of the operating budget somewhat. The primary concern with moving the item from the Park Budget is with the State departmental coding guidelines which call for all park and recreation activities to be accounted for under the Park Budget. Another issue is in revising the financial accounting system, the annual audited financial statements and the budget would be affected. An additional department would have to be added. The Audited Financial Statement would need to show "prior period adjustments" in 1999, which involves going back and restating all years presented within the audit and preparing a footnote disclosure as to why the adjustment was made. The links to other items would also be affected. She recommended the Community Education Budget remain within the Park operating budget. .. .. - _. -~. - '-' Regular Andover City Council Meeting Minutes - January 5, 1999 Page 14 (Discuss 1999 Budget/Community Education Budget, Continued) Park and Recreation Commission Chairperson Al Grabowski stated including the Community Education budget in the Park's budget just inflates the budget. It amounts to over 10 percent of the budget. At a special meeting with the Council, the Council also agreed to remove that item from the Park's budget. That hasn't been done yet, and he felt the Staff should be doing what the Council directed. The Council apologized for speaking before consulting with the finance department; but it appears from an accounting standpoint that the community schools and summer school program should remain in the Park's budget. No change was made. MAYOR/COUNCIL INPUT The Farmstead project - Councilmember Orttel understood the Planning Commission was going to review the Farmstead project to see if the City received all that was expected with that PUD development. The issue of parking was raised this evening. Mr. Carlberg stated Staff is bringing that forward to the Planning Commission. Councilmember Orttel stated he has received complaints that people are parlång on the residential cul-de-sac and are driving over lawns. He suggested Public Works install "No Parking" signs in that area. Mr. Erickson stated they will look at it further. Budget policy - Councilmember Orttel felt there should be a policy as to whether the budget is a financial tool or a policy tool. He felt the Council should be making more formal decisions on items that are in the budget. Conflict of interest - Councilmember Orttel stated at the last meeting several residents asked for a legal opinion regarding a conflict of interest on an item voted on by the Mayor. He noted tonight there were a total of five items that the Mayor voted on that dealt with the same developer who is purchasing the Mayor's property. He felt it is wrong and that the Mayor shouldn't be voting on those items while he is negotiating that sale. Mayor McKelvey disagreed, that those projects have nothing to do with him. The City Attorney has said it is not a conflict of interest. City newsletter - Councilmember Jacobson asked if the Council would agree to have him work with the Staff regarding the City newsletter. The Council generally agreed. Developer guidelines - Councilmember Jacobson suggested the Council direct Staff to draft a resolution regarding development deadlines and guidelines for plats. Mr. Fursman stated that is something Staff has started to develop already. Geotechnical studies - Councilmember Jacobson stated there seems to be a lot more use of geotechnical studies to detennine ground floor elevations. He wondered if it is a good idea to continue allowing this method. Councilmember Orttel stated he too was concerned about it, and that .. ~- - . -- --. ~.- ~ .--- --- - "~. Regular Andover City Council Meeting Minutes - January 5, 1999 Page 15 (Mayor/Council Input, Continued) is why he proposed controls that requires a engineering certificate on each property. Mr. Fursman agreed there has been a greater use of the geotechnical reporting; but if were not allowed any more, the City would see a return to the complete clearing of development property. Councilmember Jacobson stated he will talk with the City Engineer regarding this item. APPROVAL OF CLAIMS Motion by Knight, Seconded by Jacobson, the payment of Claims. Motion carried unanimously. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 10:43 p.m. Respectfully sµbmitted, :\ / \ \u..~ l.,-- ,r;,/C,L " Marcella A. Peach Recording Secretary ..-.- 0_- __. .. _