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HomeMy WebLinkAboutCC June 15, 1999 (../</ r I" lJV~ (¡\ '/~1"1 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304· (612) 755,5100 Regular City Council Meeting - Tuesday, June 15, 1999 agenda Call to Order Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Anoka County Sheriff's Report sheriff 2. School Zone/Hanson Boulevard NW school 3. Variance/1297 - 142nd Avenue NW/Dan Dekok Continued dekok 4. Sketch Plan/Section 27/Bill Hupp hupp 5. Sketch Plan/Woodland Estates Second Addition/W oodland Development Co. woodland 6. Sketch Plan/Shadowbrook 6th Addition/Gor-em, LLC. goremllc 7. Discuss Storm Water Utility/99-16 disc9916 8. Discuss Friends of Andover's Environment Program friends 9. Council Evaluation council 10. Award Bid/Chesterton Commons N. (98-36)/Cambridge Estates 2nd (98-33)/ award bid Chesterton Commons 3rd (98-34) Non-Discussion/Consent Items I I. Approve Including Alternate/99-2/Hawkridge Park Well appr992 12. Approve Resolution Accepting Streets & Utilities/Langfeld's Oakridge Estates apprlang 13. Reduce Escrow/Developer Improvements/Langfeld's Oakridge Estates langfeld 14. Approve Garbage Hauler Licenses garbage 15. Adopt Assessment RoII/98-7/Winslow Hills Entrance Improvements ad pt987 16. Approve Quotes/97-8/Chesterton Commons (Phase I) Storm Sewer Extension appr978 17. Approve Plans & Specs/99-19/3580 - I 44th Ave NW/SS-WM appr9919 18. Approve Plans & Specs/99-20/13530 Hanson Boulevard NW/WM appr9920 19. Approve Lot Split/Variance/2326 Uplander Drive NW/David Pearson pearson 20. Approve Variance/13364 Marigold Court NW/Julie & Gary LaFine lafine 2 I. International City Managers Conference conference 22. Approve Change Order #I/Chesterton Commons 2nd (97-49) for Hamilton Square Storm co19749 Sewer Outlet (97-26A) 23. Recycling Agreement with Anoka County recycle 24. Adopt Revised Assessment Ro1V97-44/Shadowbrook 3rd adpt9744 Mayor/Council Input Payment of Claims Adjournment -.. --. . .. _...~ -- .. ¿LprlWco.. ï~/C¡c¡ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 15,1999 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPRO V AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CONSENT AGENDA Approve including alternate/IP99-2/Hawkridge Park well ....................... 2 Resolution RI31-99 accepting streets and utilities/Langfeld's Oakridge Estates...... 2 Reduce escrow/Langfeld's Oakridge Estates. . . . . . . .. . . . . . . . . . . . . . . .. . . . . . .. .. 2 A pprovc garbage hauler licenses ........................................... 2 Rcsolution R132-99 adopting assessment rollIIP98-7/Winslow Hills entrance........ 2 Rcsolution R I 33-99 approving plans and specslIP99- I 9/3580 144th A ve/SS & WM .. 2 Resolution RI 34-99 approving plans and specs/IP99-20/1 3530 HansonlWM Resolution RI 35-99 approving lot splitlVariance/2316 Uplander Drive/Pearson. . . . .. 2 Resolution RI36-99 approving variance/I 3364 Marigold CourtlLaFine. . . . . .. . . . . .. 2 International City Managers' Conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Recycling agreement with Anoka County .................................... 2 Resolution RI37-99 adopting revised assessment roIlIIP97-44/Shadowbrook 3rd . . . .. 2 APPROVAL OF MINUTES .................................................. 2 ANOKA. COUNTY SHERIFF'S REPORT. . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. .. 3 SCHOOL ZONE/HANSON BOULEVARD NW Resolution RI38-99 requesting school speed zone during school hours. . . .. .. . . . ... 3 V ARIANCE/J 297 142ND AVENUE NW /DAN DEKOK Motion permitting shed to say until owners move (withdrawn) ................... 4 Motion to deny variance (failed) ........................................... 5 Motion to approve variance (failed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 RESIIJENT FORUM, REVISITED. . . . . . . . . .. . . . . . . . .. . . .. . . . . . . . . . . . . . . .. . . ... 6 SKETCH PLAN/SECTION 27/BILL HUPP . . . .. . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. 7 SKETCH PLAN/WOODLAND ESTATES 2ND/WOODLAND DEVELOPMENT ...... 9 SKETCH PLANlSHADOWBROOK 6TH/GOR-EM, LLC .......................... 9 DISCUSS FRIENDS OF ANDOVER'S ENVIRONMENT PROGRAM Motion to adopt draft provision for activities on city-owned property ............. 10 RECEIVE BID/CHESTERTON COMMONS/CAMBRIDGE ESTATES 2ND/ CHESTERTON COMMONS 3RD Resolution R I 39-99 receiving bids ........................................ I I CHANGE ORDER #I/CHESTERTON COMMONS 2ND FOR HAMILTON SQUARE Resolution R140-99 approving change order. . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . .. 11 DISCUSS STORM WATER UTILITY/IP99-16.................................. I I PURCHASE JET/V AC COMBINATION UNIT Motion to approve ..................................................... 12 BINGO AND RAFFLE PERMIT/ANDOVER FAMILY FUN FEST Motion to approve ..................................................... 12 DISCUSS TRANSFER OF LAND FROM CITY TO EDAlANDOVER STATION Motion to transfer Mistelski property to EDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 COUNCIL EV ALUA TION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 M1\ YORlCOUNCIL INPUT Youth First Council .................................................... 13 APPROVAL OF CLAIMS .................................................. I3 ,- ~.- -- ~ - -.- - -- --- ~ ----- -- - CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 15,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, June 15, 1999,7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel Councilmember absent: Julie Johnson Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Jerry Windschitl requested Item 22, Approve Change Order #lIChesterton Commons 2nd for Hamilton Square Storm Sewer Outlet, be pulled off the Consent Agenda for discussion. The Council agreed. Dan Johnson, I 165 154th Lane - noted the article v.TÎtten by Councilmember Knight in the May Andover Today regarding concern with urban sprawl. It appears to him that the developers are controlling the City Council which is resulting in uncontrolled development with a lack of infrastructure to support it. He cited the traffic congestion on Hanson Boulevard and Highway 10 as examples of problems created by rampant development. All development was to remain in the southern portion of the City, but now it is coming up the center and working its way into areas that were supposed to be rural. People moved to the City for its rural character, and he sees the developers forcing the Council to develop. Another issu::: Mr. Johnson had was with the article written by Councilmember Orttel in the June issue of Andover Today commending those people who served on the Council over the last 25 years. The comment was that they worked unselfishly with integrity and deep concern for the public good with no expectation of personal gain. He felt that may be true for the majority but there is at least one on the list whom he felt did not have good integrity and who has had some personal gain. (This discussion continued on Page 6 of these Minutes) AGENDA APPROVAL Add Item lOa, Purchase JetlVac Combination Unit; Item lOb, Approve Bingo and Raffle Permit/Andover Family Fun Fest! and Item IOc, Discuss Transfer of Land from City to EDA/Andover Station. Delete Item 16, Approve QuotesIIP97-8/Chesterton Commons (Phase I) ... , Regular Andover City Council Meeting Minutes - June 15, 1999 Page 2 (Agenda Approval, Continued) Stonn Sewer Extension. Remove Item 22, Approve Change Order #I/Chesterton Commons 2nd for Hamilton Square Storm Sewer Outlet, for discussion. Item 10 to be changed to Receive Bid/Chesterton Commons North/Cambridge Estates 2nd/Chesterton Commons 3rd. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried on a 4-Yes, I-Absent (Johnson) vote. CONSENT AGENDA Item II Approve Including Altemate/IP99-2/Hawkridge Park Well Item 12 Approve Resolution Accepting Streets and Utilities/Langfeld's Oakridge Estates (Resolution RI31-99) Item 13 Reduce Escrow/Developer Improvements/Langfeld's Oakridge Estates Item 14 Approve Garbage Hauler Licenses Item 15 Adopt Assessment RollIIP98-7/Wins!ow Hills Entrance Improvements (Resolution RI32-99) Item J 7 Approve Plans and SpecsIIP99-19/3580 144111 Avenue NW/Sanitary Sewer/Watermain (Resolution RI33-99) Item 18 Approve Plans and Specs/1P99-201l3530 Hanson Boulevard NW/Watermain (Resolution R134-99) Item I 9 Approve Lot SplitIVariance/2326 Uplander Drive NW/David Pearson (Resolution RI35-99) Item 20 Approve Variance/I3364 Marigold Court NW/Julie and Gary LaFine (Resolution RI36-99) Item 21 International City Managers' Conference Item 23 Recycling Agreement with Anoka County Item 24 Adopt Revised Assessment Roll/IP97-44/Shadowbrook 3rd (Resolution RI37-99) Motion by Jacobson, Seconded by Orttel, to approve the Consent Agenda. Motion carried on a 4- Yes, I-Absent (Johnson) vote. APPROVAL OF MINUTES May 10, 1999, Town Meeting: Correct as written. June 1, 1999, Regular Meeting: Correct as \\Titten. Motion by Knight, Seconded by Orttel, approval as written. Motion carried on a 4- Yes, I-Absent (Johnson) vote. ~ ~~ - -- &- ... - - - -- _._~ - Regular Andover City Council Meeting Minutes - June J 5. J 999 Page 3 ANOKA COUNTY SHERIFF'S REPORT Captain Bmce Andersohn reported the Department responded to 937 calls in May, which amounts to a year-to-date total of 3,860 calls. In response to questions from the Council, Captain Andersohn felt the increase in calJs may be the r~sult of the closing of Bunker Lake Boulevard with extra cars coming through the City. They have made a concentrated effort on Bunker Lake Boulevard, Crooked Lake Boulevard and South Coon Creek Drive. He has not yet heard about the grant request for additional coverage. Also, they do respond to all medical calls. Those are a priority for the Department, and they are usually the first ones on the scene. SCHOOL ZONE/HANSON BOULEVARD NW Mr. Erickson stated the City Council had requested the Anoka County Highway Department to install school speed zones on Hanson Boulevard in front of the Oak View Middle School and the Andover Elementary School. Based on the county's study, they have indicated the instalJation of school speed zones would not be warranted at this time. If the Council is interested in pursuing those speed zones because of safety, the Sheriff's Department has suggested three opticns: leave the speed êS currently posted at 55 mph, reduce the speed during school hours or when children are present, or reduce the speed through the school area at all times. Mr. Erickson stated Staffwill also forward a video tu~ to the Anoka County Highway Department which clearly shows children walking to and from the schools along Hanson Boulevard. Councilmember Jacobson asked if the option of reducing the speed during school hours or when children are present would be confusing for enforcement purposes. Captain Andersohn stated it does present the question of when are the children there. He felt it should be clearly stated or times posted. That does allow the traffic to move at a different rate on weekends and when children are not ill school. The easiest to enforce would be to reduce the speed through the school areas at all times, but that would reduce the flow of traffic. They will enforce whichever option is chosen. He agreed that if there is to be a school speed zone, it should encompass the entire area between the two schools. Councilmember Orttel noted the City's position is that the safety issue should override the results of the County Highway Department's study. That decision would be made by the County Commissioners. Councilmember Jacobson suggested the option of reducing the speed during school hours or when children are present and that each of the Councilmembers and Staff personally contact a County Commissioner to explain the City's position. The Council agreed. Mr. Erickson stated that would be forwarded in the fonn of a Resolution. Motiol/ by Jacobson, Seconded by Orttel, to so move. (Resolution RI38-99) Motion carried on a 4- Yes, I -Absent (Johnson) vote. - ~~ - -- ..+-. .- ------ -- - - - Regular Andover City Council Meeting Minutes - June 15. 1999 Page" VARIANCE/1297 U2ND A VENUE NW/DAN DEKOK, CONTINUED Mr. Carlberg explained the City Council tabled this item on June I to allow Staff to research if other variances of this nature have been granted in the past. Dan and Kamala DeKok have requested a variance to allow the placement ofa shed to encroach 23Yz feet into the 35-foot sideyard setback from the street. Since 1976 there have been three variance applications for accessory structures within the sideyard setbacks from the street. The request of Richard Beckes in 1991 was denied, citing there was an alternate location for the shed on the property that would meet all applicable setbacks without a variance. The request of Jeff Boshea in 1989 was approved. The hardship cited was due to the topography of the land and the location of the future right-of-way adjacent to the property. The garage was placed 77 feet from the street. The application of Lloyd Reimann in 1976 was dismissed based on a decision by the City Attorney referencing the ordinance provisions of Ordinance 8, Section 4.05(D) and Section 4.05(E). This provisions required a garage be oriented to face a public right of way providing it does not have less than the minimum required setback for the principal structuœ as measured from the lot line. Also accessory buildings are not to be located within JO feet from the side and rear lot lines. Because of the proposed location of the Reimann garage, the City Attorney concluded a variance would not be needed. That request for the placement of a garage differs from the DeKok request regarding the placement of a shed. Mr. Carlberg also noted that in 1997, Ordinance 8, Section 4.05(E) was amended to require all detached structures located on corner lots meet the sideyard setback requirements in Section 6.02. The Building Department and Planning and Zoning Department have worked closely over the years to ensure that uniformity is met for all attached and detached structures. About a year or two after Mr. DeKok's development was constructed, the City changed its minimum standard for corner lots from 90 feet to 100 feet, realizing an additional 10 feet is necessary to provide an adequate buildable area on the lot. Councilmember Jacobson stated the criteria for a variance has to do with the hardship of the land and not a hardship created by the property owner. Mayor McKelvey felt that the smaller lot would be a hardship and was partially caused by the layout of the development and partially by the construction of the swimming pool. He would rather see the shed in the back yard than have a snowmobile trailer pulled back there for storage or the shed put on axles, both of which would be legal but would be unsightly. The shed is inside the fence and cannot even be seen. Based on that, he made the following motion: Motion by McKelvey, Seconded by Orttel, that the building be permitted to stay on the property since it is inside the six-foot fence until the time that Dan and Kamala DeKok move from that property. At that time they would have to remove the building. DISCUSSION: Councilmember Jacobson again argued there is no hardship per the ordinance criteria. He felt the motion is circumventing the ordinance. Mayor McKelvey stated this would allow the shed to remain but a variance would not be granted, so no precedent would be set. .. -~.- Regular Andover City Council Meeting Minutes - June 15. 1999 Page 5 (Variance/1297 142nd Avenue NW, Dan DeKok, Continued) Dan DeKok, 1297 I 42nd Avenue NW - stated Planning and Zoning Commissioner Apel felt this was a rcasonable use of the land because of the privacy fence. The sight lines are not impacted. The Commission also recommended approval of his request finding it meets the conditions established in Ordinance 8, Section 5.04 regarding the sight lines and uniformity. Mayor McKelvey stated there have been discussions about not allowing six-foot fences on corner lots. He thought the proposal is to allow no more than four-foot high fences on comer lots. Right now six-foot fences are allowed all the way out to the property line. Any ordinance change would not be retroactive. Mr. DeKok statcd his lot is the minimum size of90 feet across the front and 130 feet deep. If it werc 100 feet wide which is now required, he would be able to build a third stall onto his garage and would no longer need the shed. He argued there arc very few corner lots of that minimum size, as most of the other lots in the neighborhood are deeper; so it is unlikely this type of request would occur again. Even the City realized that size lot was too small because it changed to 100 feet shortly after his development was put in. He felt the Council should consider the size of the lot. Attorney Hawkins stated procedurally the Council has to either approve or deny the variance request and sct out the reasons for doing so. He questioned the motion on the floor, asking what standards will the City use to allow someone else to do the same thing. He'd rather see any change be done by amending thc ordinance rather than not enforcing the ordinance and allowing the structure to remain as long as the owner stays on the property. Mayor McKelvey and Councilmember Orttel withdrew the Motion and the Second. Motion by Jacobson, Seconded by Knight, to deny the variance request. DISCUSSION: Correct the proposed resolution: Second" WHEREAS, the Council has reviewed the request and has determined that said rcquest does not meet the criteria of Ordinance No.8, Section 5.04..." "NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and Zoning Commission and hereby denics the variance..." Mr. DeKok asked if there could be some wording that would reflect the size of the lot meeting the old requirements. There have only been three requests for similar variances since 1976. It is difficult to see that this will be a major problem. According to the ordinance, there is no place else that he can place the shed on his property. He did not think he was being unreasonable in asking for a place to store his lawn mower, pool equipment, wheel barrel, etc. Even without the pool, the buildable area in his back yard would be only 40 feet wide. He would have to place the shed in the middle of the yard, which would eliminate even an open space to play catch with his children. There was enough concern by the City on the size of the lot that it even changed the minimum requirements throughout the City. Council member Jacobson called the question. Motion tàils on a 2- Yes (Jacobson, Knight), 2-No (McKelvey, Orttel) vote. - ----- - - -~~-- ----._- -----. Regular Andover City Council Meeting Minutes - JUlIe 15, 1999 Page 6 (Varianccl1297 l.f2nd Avenue N1V, Dan DeKok. Continued) Councilmember Orttel noted it appears at the time the ordinance was v,TÎtten, the interest was on the setback requirements for safety purposes. Now it appears it is more for unifonnity. Mr. Carlberg stated they are trying to maintain setbacks for uniformity and aesthetics in addition to the safety and traffic issues. Motion by Jacobson, Seconded by Orttel, the Resolution approving the variance. Motion fails on a 2- Yes (McKelvey, Orttel), 2-No (Jacobson, Knight) vote. Councilmember Knight stated he understood Mr. DeKok's position but stated the Council is in a box. This cannot be approved without changing the ordinance or the ordinance will become null and void for all practical purposes. Attorney Hawkins advised the item be tabled until there is a full Council. Motion by McKelvey, Seconded by Knight, to table this until there is a full Council. DISCUSSION: Mr. Carlberg suggested the applicant make a formal request to table the item to avoid a problem with the 60-day provision. Mr. DeKok verbally requested the item be tabled. He stated he will also present the request in writing. Motion carried on a 4- Yes, I -Absent (Johnson) vote. RESIDENT FORUM, REVISITED Dan Johnson asked for a response to his comments made at the Resident Forum regarding his feeling that developers are controlling the City Council. There is so much development. What was to be largc lots are now developed into urban lots. Marginal land and wetland areas are being developed. The article talked about not letting that happen, but it is happening now. Councilmember Orttel statcd the Council and Staff do talk to developers on a day-to-day basis regarding their developments. The strategy for development in thc City, however, is done by a Comprehensive Plan which is approved by the residents, That Plan is updated every 10 years or so and plans out where development is to go. A few years ago the Legislature changed that Plan from bcing a guide to the law which the City must follow. Residents are on the committee that draws up that plan, which is available for anyone to view. Surveys are done to determine what the residents want. He stated the Cil'j did put its foot down in the 1970s regarding development and did develop in an orderly fashion as compared to what other cities are doing. He acknowledged that traffic is a problem that has not kept up with development. Councilmember Knight stated his comments were directed toward the former Metropolitan Council. Yes, there is pressure to develop. That is natural. _..~ -- h _.~-~ . ------- Regular Andover City Council Meeting Minutes - June 15. 1999 Page 7 SKETCH PLAN/SECTION 27/BILL HUPP Bill Hupp, property owner and developer, reviewed the sketch plan of a proposed mixed use Planned Unit Development consisting of29 town homes in two-to-four-unit buildings and a commercial lot for a convenience store. The property, located in the southwest comer of Hanson Boulevard and Andover Boulevard, has several topographical elements. The intent would be to develop up-scale town homes for the empty nesters, priced between $ I 90,000 to $2 I 0,000. The entire area would be governed by an association. The southern portion would be open space to tie into the trail system that would run along the north side of the creek to his property. They would possibly dedicate parkland. It is a very picturesque area and lends itselfwelJ to the City's plans. They have also made provisions for a trail system coming out of the cul-de-sac going south to the creek and the five-acre piece on the south side of the creek and tie into the City trail being considered along the south side of the creek. The very long-range plans for the WDE site has included the possibility of it becoming a golf course, which would flow very nicely from this area and would provide other recreational amenities for this development. An area for R-4, single family urban, is also being proposed on a portion of the property. A Special Use Pennit would be needed for the underground storage ofliquid fuels for the convenience store. The Council deliberated whether this should be developed as a PUD as opposed to rezoning. Mr. Carlberg stated the Planning Commission has asked Mr. Hupp to address the benefits to the City to develop as a PUD. A PUD is a development tool if the City has an interest in preserving some feature such as clustering homes to preserve a stand of trees or permanently preserving open space areas. Normally the common open spaces are held by an association. Less consideration would be given to wetland areas that could not be developed anyway. Councilmember Knight felt the City has to be careful that not only wetlands are donated for parks or open spaces. Developable land should also become a feature of the PUD, land that the people could enjoy. Mr. Carlberg explained the current Comprehensive Plan has a portion of the property as urban residential and the remaining area as open space. The Plan would have to be amended to accommodate the sketch plan proposal. The proposed Comprehensive Plan designates a portion as Transitional Commercial. Mr. Bupp stated there is a minimal amount of wetlands, though there are marginal wetlands that are wet only occasionally and are very usable but are not buildable. Council member Orttel worried about being inundated with similar requests from developers to develop multiple units under a PUD. lIe didn't think the City was set up for a lot of that type of housing. Mr. Carlberg stated the trade- off for clustering the housing would be to develop shorter streets with less utility lines and provide rnore open spaces. Councilmember Jacobson stated he preferred rezoning as opposed to a PUD on this plat. He felt that the PUD should be used sparingly. Mr. Hupp stated they are not trying to circumvent the zoning but are trying to develop the most reasonable uses. This proposal lends itself to this market. They are looking for flexibility which they think will make this a quality development. Council member Knight was concerned that development along Hanson Boulevard will end up having a commercial strip effect. He didn't think that is what the City wants. He also strongly felt that another gas station/convenience store is not . -- , _. ---.-- >- -- Regular Andover City Council Meeting Minutes - June 15, 1999 Page 8 (.<;ketch Plan/Section 27/Bill Hupp. Continued) needed along Hanson Boulevard given those already proposed or existing. Councilmember Orttel agreed. Councilmember Jacobson asked about the need for methane gas protection because of the proximity to the landfill. Mr. Hupp stated the creek is a natural barrier, so those provisions would not apply. Councilmember Jacobson wondered if the City accepts the park south of the creek, how would it get equipment there to maintain it. Ifthere is a bridge as proposed, who is responsible for building it and maintaining it? He also prefer to have another access onto Hanson Boulevard to reduce the length of the cuI-de- sac which now exceeds the ordinance requirements. Who would maintain the private drive? How can a road go through someone else's property and house. which is shown on the map? Mr. Hupp stated they were thinking a future plat would provide a road that would swing out to Andover Boulevard. The private drive would be maintained by the association. The Planning Commission wanted him to sketch possible development on adjacent property. Council member Jacobson personally did not care to have another service station on that comer, feeling there is a limit to how many gas stations there should be along that road. Council member Knight asked how many sing!e family homes could be developed on the parcel. Mr. Carlberg stated it is difficult to determine because of the large amount of wetlands. The Planning Commission required him to sketch all contiguous property. The original sketch was for I I acres. Mr. Hupp owns 36 acres total. Councilmember Knight stated he is not enthralled with multiple housing. Councilmember Orttel staté'd nor is he. Mr. Hupp stated the overall density on the entire piece is 1.3 units per acre, which is less than R-4 density. Attorney Hawkins felt the City has more control with a PUD development in terms of the development itself and what it can demand of the developer. Under a PUD, if the Council does not want a convenience store at that location, that would be \Hitten into the agreement. Undcr a rezoning, any uses in the zoning would be allowed. To prevent having to automatically approve future PUD requests for multiple developments, this one would be based on the special characteristics of the property such as the wetland, layout of the property or proximity to differentiate this piece of property from anyone else. Mr. Carlberg stated there are very few pieces of land that lend themselves to PUD. The City would want specific parameters as to why a PUD would be allowed here versus other properties that come in. Councilmember Orttelliked the flexibility ofa PUD because of the uniqueness of the parcel, though it must be differentiated from other parcels, as he did not want to see multiples all over the City. He would much rather see the long cul-de-sac rather than another entrance to the plat, especially out to Hanson Blvd., which is a very dangerous road. Mayor McKelvey wou!d like to see two entrances, preferably to Andover Blvd. This is a unique piece, so he didn't know if that could be done. Councilmember Knight was not bothered by the longer cul-de-sac, as it is a desired feature by residents. He would support a PUD on a unique piece like this, especially since the City has considered buying the property south of the creek for a park. Councilmember Jacobson stated if it is to be a PUD, the City needs to know what it is getting above what it would normally get. Mr. Carlberg stated Mr. Hupp will need to provide a written narrative on why this should be a PUD. ,-~ . Regular Andover City Council Meeting Minutes - June 15. 1999 Page 9 SKETCH PLAN I WOODLAND ESTATES SECOND ADDITION I WOODLAND DEVELOPMENT COMPANY Byron Westlund, Woodland Development, reviewed the revised sketch plan of Woodland Estates Second Addition which consists of 44 acres with 82 single family urban residential lots and possibly an 8+/- acre lot for a future church site. The area would need to be rezoned to R-4. All lots meet the minimum requirements. It is located within the MUSA and is scheduled for development in the 2000-2005 time frame. They have amended the sketch plan per the comments from the Planning Commission. TIley are aware of the continuation of the trail system on the wcst side of Nightingale and of the expansion of the street for the trail system. Over half ofthe area is wooded, so they are proposing to custom grade to preserve as many trees as possible. If the church does not go ahead with the 8 Y:,-acre parcel on the southeast corner, it will be developed as single family. Councilmember Jacobson wished there was a way to slow traffic dovl'11, possibly by being more creative in the street alignments, possibly more curves. He did not care for everything being square. Mr. Westlund stated they are limited to the land they purchased, but they will add some creativity in tr,e streets. Councilmember Jacobson was not really in favor of putting the trail on the street, wondering if there is some way to incorporate it along the northern tier instead. Mr. Westlund didn't know how to answer that. They anticipate the trail will be a continuation from what is currently in Woodland Estates. They can look at it. Mr. Carlberg stated there has been an issue of an east-west Municipal State Aid street from Crosstown BoulevardlNightingale to Round Lake Boulevard. Is the Council interested in pursuing that further? The Council discussion was that there is a problem with the east-west movement of traftìc through the City; however, the deep peat to the west of this area would probably make such a road very expensive, plus it would disrupt the current fanning operations. The Council generally did not wish to pursue an MSA designation at this location. There were no further comments. SKETCH PLANISHADOWBROOK 6TH ADDITION IGOR-EM, LLC Larry Olson, representing the developer, eXplained this development is an extension of the Shadowbrook Additions. The project consists of about 40 acres and 35 single family urban residential lots. All the lots will meet City standards. The comments from the City Staff will be incorporated into the plat. One variance will be requested for the length of the cul-de-sac which exceeds the length required by the ordinance. He noted 142nd will be a public street. Mr. Carlberg stated a concern of the Staff is a public street coming into the private street. One problem is the inability of the maintenance vehicles to turn around. Staff has suggested the street bc private and controlled by the association. Mr. Olson stated the street would be built to public street standards. .- --- -~- -------- -------- Regular Andover City Council Meeting Minutes - June 15. 1999 Page 10 (Sketch Plan/Shadow brook 6th Addition/Gor-Em, LLe, Continued) Councilmember Jacobson stated that item needs to be worked out. He commented there are weird lot configurations, though he understood why. He asked if the owners could get back to the high ground in Lots 17, 18 and 19. Mr. Olson stated there is a flood fringe that can be walked across. It can be maintained because it is not wet all the time. He also noted this is not a continuation of the PUD but will stand on its own. Mr. Carlberg stated it might be a PUD if the road becomes a private road. Councilmember Orttel wondered if it would be possible to provide some turnaround where the public street would meet the private street, though not necessarily a full cul-de-sac. He didn't anticipate there would be that much traffic through there that the width of the street would be a problem. Mr. Erickson stated they will explore that option. There were no further comments. DISCUSS FRIENDS OF ANDOVER'5 ENVIRONMENT PROGRAM Mr. Erickson explained the Council had discussed a request from the residents in Emerald Glen to allow them to maintain City-owned property which abuts their back yards. That issue was forwarded to the City's insurance carrier at the League of Minnesota Cities for review and comment. It appears with the appropriate agreements, it is possible to formally authorize specific uses or activities on City-owned property. There is a difference between City-initiated volunteer programs and privately initiated activities. A suggested agreement has been provided by the League. Bridget Melberg and Becky Erickson represented the neighborhood. Ms. Melberg had pictures of the area before it was maintained and what they are proposing. Besides the ability to enjoy the pond, they want to maintain it because water is attractive to children. With the growth, they can't always see the children there. It is more of a safety factor plus the weed ordinance. They only want to maintain the north and east sides; the remainder would remain natural for wildlife. Originally one neighbor did not want to participate but has since changed his mind. They want authorization to mow and maintain the property and to clean up the garbage. Councilmember Knight felt it is a good idea. Councilmember Jacobson felt the second agreement from the League would be the appropriate one. Council member Orttel stated there was concern about a structure on public property. Ms. Melberg stated the bridge is on their personal property but on the easement. There would be a provision in the agreement that they will maintain it and remove it if the City needs to come into that area. The bridge is not a permanent structure. Mr. Erickson stated this type of agreement would apply to any City-owned property outside of parks. The residents would bring in plans for their Department to approve. Motion by Jacobson, Seconded by Knight, to adopt the draft provision covering the second type of agreement, allowing Staff to develop the criteria they need for a particular area; pass it by the City Attorney for appropriateness and for the residents to sign. DISCUSSION: Council agreed they would not need to approve every agreement. Motion carried on a 4- Yes, I-Absent (Johnson) vote. --~-------~.- Regular Andover City Council Meeting Minutes - June J 5. J 999 Page J J RECEIVE BID/CHESTERTON COMMONS N (IP98-36)/CAMBRIDGE ESTA TES 2ND (IP98- 33)/CHESTERTON COMMONS 3RD (IP98-34) Motion by Knight, Seconded by Orttel, the Resolution to receive the bids. (Resolution R139-99 receiving the bids for improvements). Motion carried on a 4- Yes, I -Absent (Johnson) vote. APPROVE CHANGE ORDER #l/CHESTERTON COMMONS 2ND (IP97-49) FOR HAMILTON SQUARE STORM SEWER OUTLET (IP97-26A) Jerry Windschitl stated he had not had an opportunity to discuss the item with Mr. Erickson before the meeting, and that is why he asked for the item to be discussed. He has since talked with Mr. Erickson and understands the grading and restoration will be done without cost to him. He had 830 feet of trail already in place that was destroyed when this project was done. The sand was pushed into the topsoil area, which resulted in a great deal of contaminated topsoil. He didn't want to have to regrade the trail. Mr. Erickson stated the grading is a part of the contract. The contractor will regrade and take care of anything that was disturbed. Motion by Orttel, Seconded by Jacobson, Item 22 as presented. (Resolution R140-99 approving Change Order # I) Motion carried on a 4- Yes, I -Absent (Johnson) vote. DISCUSS STORM WATER UTILITY/IP99-16 The Council discussed the development of a storm water utility for the City. Councilmember Orttel felt this becomes a necessity as the number of stonn sewer systems and ponds increases and as the system overall ages. Now there is no funding for that maintenance. Questions that need to be resolved are how the fees would be levied and who would be billed. Mr. Erickson thought everyone in the City would have a fee based on certain conditions. 1h~ Council discussed the issue of rural versus urban. Generally they understood the justification for a storm water utility fee in the urban area but felt it would not be accepted in the rural areas. It is a big step for the City, but they understood there is a need to have the funding to do the necessary maintenance on the system in place. Mr. Erickson stated this is just a conceptual look. Staff can evaluate it more and bring back some parameters to discuss and to see if it is something the Council wishes to pursue. Councilmember Orttel suggested Staff research what is being done in other cities. Jerry Windschitl stated this was tried in Ramsey but never implemented. Traditionally utilities are set up to do a lot of main line work. To get into the maintenance issue could simply be done with the ad valorem. Otherwise it is an impossible to detennine who should be billed at what cost. The Council agreed it is not a simple issue and directed Staff to pursue options. . - - -~ -~ ---~~ ..------- Regular Andover City Council Meeting Minutes - June /5, /999 Page 12 PURCHASE JETIVAC COMBINATION UNIT Brian Kraabel, Public Works, explained the total cost of the unit is $205,602, but funding of $246,000 is available. Motion by Jacobson, Seconded by Orttel, for the purchase of the JetlVac for $205,602 as presented. Motion carried on a 4- Yes, I -Absent (Johnson) vote. APPROVE BINGO AND RAFFLE PERMIT/ANDOVER FAMILY FUN FEST Motion by Orttel, Seconded by Knight, to approve the request (bingo and raffle permit for the Andover Family Fun Fest Committee to operate a bingo game on July 10 and I I and a raffle which is being conducted on July 10, 1999) Motion carried on a 3- Yes, I -Present (Jacobson), I -Absent (Johnson) vote. DISCUSS TRANSFER OF LAND FROM CITY TO EDAlANDOVER STATION Attorney Hawkins stated the first piece of land of Andover Station was sold today when they closed on the Andover Theater site. The developers have also exercised their option on the restaurant site. The parcel owned by Charles Mistelski was included with other eminent domain proceedings to acquire the land. That property needs to be transferred to the EDA since it is included in the plat and the EDA is the entity platting that property. He suggested the Council authorize conveyance of that one piece to the EDA and authorize the Mayor and City Clerk to sign the appropriate deed. Motionby Knight, Seconded by Orttel, to so move. Motion carried on a 4- Yes, I -Absent (Johnson) vote. COUNCIL EVALUATION Council member Jacobson suggested the Council consider a method to evaluate its performance. He understands that that decision is made by the residents at the election, but he felt they could also evaluate such things as organization, communication, interaction with Staft: etc. He felt that should be done at least once every two years and that some method should be determined for that evaluation. Possibly someone should be brought in to make the evaluation. lie thought it would be helpful in the long run. Mayor McKelvey felt the job description of the Council is spelled out in the ordinance. That evaluation is done at the election, but he was not opposed to finding out how they could do a better job. He did not support paying an outside group to come in. Councilmember Orttel stated the League of Minnesota Cities has meetings and seminars on this topic. The Council represents the ~.- -- -- - . Regular Andover City Council Meeting Minutes - June 15. 1999 Page 13 (Council Evaluation, Continued) residents, and the residents make their evaluation at the election. He worried about bringing in an outside consultant. It would be a challenge to find someone who knows what is going on in the City. He also felt some ofthe evaluation is being done by the Council meeting with the Staff of the various Departments. Councilmember Knight didn't see anything wrong with the Staff making an evaluation based on criteria, but he didn't know how to get the public to make an evaluation. He was not in favor of paying an outside consultant to do this. Charlie Veiman stated as residents, they feel left out. They no longer have a newsletter where they can express their feelings with a letter to the editor. He's asked if residents are allowed to "'Tite letters to the editor in the new Andover Today, but he has not yet been given an answer. Council member Jacobson stated if there is a question of a gen~ral nature, they will try to get an answer back. They haven't received any letters or questions from anyone yet. Mr. Veiman stated the residents feel that whenever they say something to the Council, a shield goes up. I-Ie wants to give information to the Council, and he wants to feci the Council accepts the commcnts in the manner it was given, not as a criticism. Actually, he'd like to see pressure put on the Statfto answer the telephones. In discussing Councilmembcr Jacobson's suggestion further, it was suggested the League be checked first to see what they have on council evaluations. Generally they did not want to spend money on a consultant. MA YOR/COUNCIL INPUT Yout/¡ First Council - Councilmember Jacobson stated he was asked to volunteer to represent the City on the Youth First Council. He has attended two meetings and finds that it is not something he is good at. He tendered his resignation. The Council accepted his resignation. Mr. Fursman stated one of the pastors of the community may be willing to serve on that Council. APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Knight, the approval of Claims. Motion carried on a 4- Yes, 1- Abscnt (Johnson) vote. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried on a 4-Yes, I-Absent (Johnson) vote. The meeting adjourned at 10: I 8 p.m. Re::U:~ ~Ila A. Pcach, Recording Secretary - -- - ~ _.*- -.- ------ ---_._--