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HomeMy WebLinkAboutCC March 2, 1999 I (}/m¿nðtc{ 5/Niwl CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, March 2, 1999 agenda Call to Order - 7:00 PM Bookmark Resident Forum Name Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Items I. Special Use Permit/Transmission Lines/Great River Energy. suptranslines 2. Special Use PerrnitIPlanned Unit Development/Grey Oaks/Chesterton Partnership Cont. supgreyoaks 3. Preliminary Plat/Grey Oaks/Chesterton Partnership Cont. ppgreyoaks . 4. Accept Petition/Order Feasibility Report/98-29/Grey Oaks Cont. pet9829 5. Approve Resolution/School Speed Zones school 6. Award Bidl98-9/Cambridge Estates (Phase I/South Area) & 97-49/Chesterton Commons bid989 2nd Addition HRA Meetinl! 7. Public Hearing/Allocate 1999 Public Service Pool Funds cdbg Staff, Committees, Commissions 8. Schedule Interview Date for Planning & Zoning Commission pz Non-Discussion/Consent Items 9. Accept Quit Claim Deed/Foxberry Farms Park deed 10. Approve Deed Condition/Kelsey-Round Lake Park kelsey I I. Approve Agreement/96-I/Kelsey-Round Lake Park appr961 12. Order Plans & Specs/99- J/Sunshine Park Trail Extension & Tower Drive ord991 Sidewalk/Trail Improvement 13. Approve Quotes/99-6/Bleachers at Sunshine Park appr996 14. Order Plans & Specs/97-52/Bleacher Pads for Soccer Fields ord9752 15. Terminate Project/98-19/14223 Quay StreetNW term9819 16. Accept Resignation/Planning and Zoning Commission/Jason Osberg resignation 17. Adopt Ordinance No. 253, Exotic Animals ord253 18. Adopt Ordinance Summary/Ordinance No. 250, Transient Merchant ord250 19. Extension of Temporary Mobil Home Permit/Johnson/I 7816 Yellowpine St. NW mobilhome 20. 1999 Street Sweeping stsweep 21. Approve Purchase of Asphalt HotlPatch King asphalt 22. AdvertiselHire Full-time Building Inspector bIdginsp 23. Sanitary Sewer Lift Station Seminar seminar 24. Receive Wellfield Optimization Study study 25. Update of Maintenance of School Fields by Public Works fields 26. ] 998 Excess Fund Allocation 1998excess 27. Establish Fund Reservations fund Mayor/Council Input Payment of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 2,1999 TABLE OF CONTENTS RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Schedule interview date for P & Z (March 16) ................................ 2 Accept Quit Claim DeedlFoxberry Farms Park ................................ 2 Approve deed conditionlKelsey-Round Lake Park ............................. 3 Approve agreement/IP96-llKelsey-Round lake Park. . . .. . . . . . .. . . . . . . . . .. . . . . .. 3 Resolution R05 I -99 ordering plans and specslIP99- IISunshine Park trail extension and Tower Drive sidewalk/trail improvements .................... 3 Approve quoteslIP99-6/Bleachers at Sunshine Park ............................ 3 Resolution R052-99 ordering plans and specsIIP97-52/Bleacher pads/soccer fields. . .. 3 Tenninate project/IP98-19/14223 Quay StreetNW ............................. 3 Accept resignation/P & ZIJason Osberg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Adopt Ordinance No. 253, Exotic Animals ................................... 3 Adopt Ordinance summary/Ordinance No. 250, Transient Merchant ............... 3 Extension of temporary mobile home permitlJohnsonll 7816 Yellowpine ........... 3 1999 Street sweeping (Astech Technologies) ................................. 3 Approve purchase of asphalt HotlPatch King (Ruff ridge-Johnson) . . . . . . . . . . . . . . . .. 3 AdvertiselHire full-time building inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Sanitary sewer lift station seminar .......................................... 3 Receive well field optimization study ....................................... 3 Update of maintenance of school fields by Public Works........................ 3 1998 excess fund allocation ............................................... 3 Establish fund reservations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Letter of intent to purchase 2 single axel dump truck chassis ..................... 3 Resolution R053-99 acknowledging concern/proposed Northern Natural Gas pipeline . 3 APPROVAL OF MINUTES .................................................. 3 SPECIAL USE PERMITITRANSMISSION LINES/GREAT RIVER ENERGY ......... 3 Resolution R054-99 approving Special Use Permit. . . . . . . . . . . . . . . . . . . . . . . . . . 4 & 7 SPECIAL USE PERMIT/PLANNED UNIT DEVELOPMENT/GREY OAKS. . . . . . . . . .. 7 Resolution R055-99 granting the Special Use Permit. . . . . . . . . . . . . .. . . . . . . . . . .. 10 PRELIMINARY PLAT/GREY OAKS/CHESTERTON PARTNERSHIP.. . .. . . .. . . . .. I I Resolution R056-99 approving preliminary plat with conditions ............. I I & 14 PETITION/ORDER FEASIBILITY REPORTIIP98-29/GREY OAKS Resolution R057-99 accepting petition and ordering feasibility .................. 14 SCHOOL SPEED ZONES Resolution R058-99 requesting speed limit in school zoneslHanson Blvd. . .. .. . ... 14 AWARD BIDIIP98-9/CAMBRIDGE ESTATES (PHASE I/SOUTH AREA) AND IP97-49/CHESTERTON COMMONS 2ND ADDITION Resolution R059-99 awarding bid to La Tour Construction ..................... 14 MAYOR/COUNCIL INPUT Crossing of Hanson Boulevard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 Concerns from residents/north side of Bunker Lake Boulevard .................. 14 PAYMENT OF CLAIMS ................................................... 15 ADJOURNMENT......................................................... 15 - .. . ~. -.-~ vvrT~'fW'LL~- J/JiJ{(f'1 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 2,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, March 2, 1999,7:00 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 Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Jeny Windschitl and Winslow Holasek - had not seen the Resolution relating to the Northern Natural Gas Company's pipeline easement. The proposal is to add that item to the non-discussion items this evening. They wondered if the item could be moved for discussion. Many residents have signed a petition requesting the City of Andover to contact the Federal Regulatory Commission to ask Northern Natural Gas Company to find an alternate route because of the potential safety impact the proposal may have on Andover residents. It is also suggested the current 8-inch line and the proposed 16-inch line be combined to eliminate the need for two lines. Also, Northern Natural Gas Company's proposal is that there be no safety shut-off valve on the line. It doesn't make sense to have to call someone from North Branch to drive down to Andover to manually shut off the valve if there is a problem. The Council stated those concerns are all addressed in the proposed Resolution. Mr. Windschitl and Mr. Holasek then agreed with the Resolution as proposed. Rosella Sonsteby - read an affidavit of a Public Works employee who, in the Spring of 1988, was ordered by the City Administrator and Public Works Superintendent to dig a hole and bury approximately 100 tires on City property about 100 yards from the Public Works building. That employee was still in hislher probationary period and felt it necessary to comply with the order or lose hislber job. Ms. Sonsteby would not name the employee but said she had a map of where the debris is buried. She has sent copies of this information to Washington and other places. Dianne Christian. President and CEO of the Andover Lions Club - stated the Club was disturbed over an article in the February, 1999, Andover Times, which referred to the Lions and the Mayor. She stated she is the elected president and CEO of the Club. The article stated Mayor McKelvey was ~. , . ..- [ Regular Andover City Council Meeting Minutes - March 2, 1999 Page 2 (Resident Forum, Continued) the gambling manager. He is not; Holly Leibold is. Mayor McKelvey is an employee who does the book work according to the State Gambling Board. The Mayor turned down a raise to do that work. He does not make decisions for gambling. They have a gambling board which votes on the operations and the distribution of the funds according to State guidelines. Other Lions Clubs pay much higher wages than they do. The donations they make are a matter of public record and are closely monitored. She also pointed out the donations made in the past several years, noting that 80 percent of them go to the Andover area. Mention was also made that Mayor McKelvey's daughter, also a Lion, is just keeping her job. She stated all Lions Clubs actively recruit new members. The Mayor's daughter's membership has no bearing on the club activities involving the Mayor. Gayle ? . past president of the Lions - stated she has been a member of the Lions Club for 20 years. There is no "lead man" in the club or with regard to the gambling activities. They are part of a world-wide service organization located in 171 countries which has existed for over 79 years. She believed the Mayor wears three hats and separates them very well. He has been a resident of Andover for over 25 years and is a family man. He has been an Andover Lion for over 20 years serving as secretary, treasurer and membership chainnan plus on the gambling board. He has been voted Lion of the Year many times. He is also Mayor of Andover and is very aware of what is happening in the City. Personally, she found the Mayor to be a very hard-working man and above reproach; and she resented the article in the Andover Times. They meet the third Wednesday of very month, and she invited people to attend their meetings. Nick? 15988 Ouinn. 3rd Vice President of the Andover Lions - became a Lion to be more involved in the community. He pointed out many of the activities of the Lions with various community groups and functions and stated they are always looking for dedicated individuals to become a Lion. AGENDA APPROVAL Add Item 28, Letter of Intent to Purchase Two Single Axel Dump Truck Chassis; Add Item 29, Adopt Resolution Acknowledging Concern of the Proposed Northern Natural Gas Company Pipeline; and Move Item 8, Schedule Interview Date for Planning and Zoning Commission (March 16,6 p.m.) to the Consent Agenda. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 8 Schedule Interview Date for Planning and Zoning Commission (March 16) Item 9 Accept Quit Claim DeedIFoxberry Farms Park ..-.-.. --. ---- . . [ Regular Andover City Council Meeting Minutes - March 2, 1999 Page 3 (Consent Agenda, Continued) Item 10 Approve Deed ConditionlKelsey-Round Lake Park Item II Approve AgreementlIP96-IIKelsey-Round Lake Park Item 12 Order Plans and Specs/IP99-IISunshine Park Trail Extension and Tower Drive SidewalklTrail Improvement (Resolution R051-99) Item I3 Approve QuotesIIP99-6/Bleachers at Sunshine Park Item 14 Order Plans and SpecslIP97-52/Bleacher Pads for Soccer Fields (Resolution R052-99) Item 15 Terminate ProjectlIP98- I 9/1 4223 Quay Street NW Item 16 Accept ResignationIPlanning and Zoning Commission/Jason Osberg Item 17 Adopt Ordinance No. 253, Exotic Animals Item I 8 Adopt Ordinance Summary/Ordinance No. 250, Transient Merchant Item 19 Extension of Temporary Mobile Home Permit/Johnson/I 7816 Yellowpine Street NW Item 20 1999 Street Sweeping (Astech Technologies Corp/$59.50Ihour) Item 2 I Approve Purchase of Asphalt HotlPatch King (Ruff ridge- Johnson/$34,009. I 7) Item 22 Advertise/Hire Full-Time Building Inspector Item 23 Sanitary Sewer Lift Station Seminar Item 24 Receive Wellfield Optimization Study Item 25 Update of Maintenance of School Fields by Public Works Item 26 1998 Excess Fund Allocation Item 27 Establish Fund Reservations Item 28 Letter ofIntent to Purchase Two Single Axel Dump Truck Chassis Item 29 Accept Resolution Acknowledging Concern of the Proposed Northern Natural Gas Company Pipeline (Resolution R053-99) Motion by Knight, Seconded by Jacobson, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES February 16, 1999, Regular Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, to approve the February 16, 1999, Council Meeting Minutes as presented. Motion carried unanimously. SPECIAL USE PERMIT/TRANSMISSION LINES/GREAT RIVER ENERGY Councilmember Jacobson stated until December, 1998, he was an engineer at Great River Energy. He is now retired and is running for the Board of Director for Connexus Energy. While he realizes . [ Regular Andover City Council Meeting Minutes - March 2, 1999 Page 4 (Special Use PermitITransmission Lines/Great River Energy, Continued) technically he could vote on this issue, on a moral basis he did not feel he should be involved in this decision. He then stepped out of the Council chambers until after the vote on this item. Motion by Johnson, Seconded by Orttel, accepting the Resolution granting the Special Use Permit request of Great River Energy/Connexus Energy to allow for the construction of two 69 KV transmission lines connecting a new transformer located at the northwest corner of Bunker Lake Boulevard NW and Hanson Boulevard NW to two existing power lines generally located at Nightingale Street NW and I 53rd Avenue NW and at Hanson Boulevard NW and I 73rd Lane NW. DISCUSSION: Councilmember Orttel noted a letter from Charles Bies. Gal)' Ostrom. Great River Energy - gave an overview of the proposed project, reviewed the bar graph showing increased use of energy since 1992, noted they have done nothing since 1969 to bolster the system, then went into some detail on the two components of the project -- the east line along Hanson Boulevard and the west line along Crosstown Boulevard to Nightingale. He also showed photographs of how the area looks now and what it may look like once the poles are installed. The existing poles along Nightingale will be placed with single wood poles. The east side of Crosstown Boulevard was chosen because of the wall of oak trees on the west side that would not be compatible with this project. The concern along Crosstown Boulevard has been the wall of evergreen trees from Andover Boulevard to 148th. They have planned the line such that at the most 25 to 30 trees will need to be removed from that particular area. Those trees will also be replaced one for one. Along Hanson Boulevard, they have designed the line such that the removal of trees from one property owner will probably not be necessary. In responding to questions of the Council, Mr. Ostrom stated the span between power poles is generally 350 to 400 feet. About 7 or 8 poles will be needed along the half-mile section of Crosstown Boulevard from Andover Boulevard north. The poles will have three lines plus an additional shield wire for lightening protection. They need to work with the City, county and some property owners to obtain the necessary easements. There is enough easement along Crosstown Boulevard up to Mr. Martensen's property. On Hanson Boulevard they will be utilizing the road right of way all the way up, though they will have to negotiate easement with property owners where it veers off the road. Jim Martensen. 14905 Crosstown Boulevard - understood from the public hearing that the line would cross the road past his place and then come back to the east side. Otherwise the line will be about 40 feet from his property. Mr. Ostrom stated that is an option. His preference would be to keep the line on the same side of the road. Councilmember Orttel didn't like the idea of crossing Crosstown Boulevard at the Martensen's, but he also felt that having a line 40 or 50 feet from the house is not good. He worried about the lines disrupting reception ofTVs, etc. - .. -- - -.-,.. Regular Andover City Council Meeting Minutes - March 2. 1999 Page 5 (Special Use Permit/Transmission Lines/Great River Energy, Continued) Mr. Ostrom stated the line should not affect TV reception. His concern is the large white oak and some of the other trees on the Martensen parcel would have to be removed. That is why they looked at crossing the road at that location for a short distance. Councilmember Knight felt having a power line 40 to 50 feet from the Martensen's house would definitely have an effect on the property value. Ms. Martensen stated there are only two large trees on their property that would not be replaceable in her lifetime. They are the only shade trees they have. Mr. Ostrom agreed that is a real concern. Councilmember Johnson stated she talked with Mr. Bies. They were confused as to why the line was being placed on the east side. They understood it was going to cross to the west side of the road and then back again. Byron Westlund. Woodland Development - stated he owns the property along the west side of Crosstown just north ofMr. Eveland. He wanted to know if crossing the line to the west side would affect his nine lots in Woodland Estates. Mr. Ostrom stated the line will cross back to the east side of Crosstown Boulevard at an angle before it gets to Woodland Estates. Jerrv Windschitl - stated the proposal is to go across at least 720 feet of property that he owns. He has not been contacted nor received a proposal to cross his land, but he found it is staked. It is through a heavily wooded area. When he acquired the land, there was an agreement that all those trees be retained to provide screening for the three residential developments in there. A massive amount of trees will have to be removed. Apparently the line will be going outside of the fence of the WOE site through there. He asked that consideration be given for a different route so those trees and residents will not be disturbed. He suggested the line go up Hanson Boulevard, then west along the south side of Coon Creek. The advantage of that route is that the residents and wooded area would not be affected. It would then be less offensive to people. The other advantage is it would not have as much of an impact on the City's use of the industrial park. Mr. Ostrom stated he talked with Mr. Windschitl about the location of the line through his property. There are easements that they will have to obtain where they are not following the roadway. At the time of his conversation with Mr. Windschitl, they had not yet negotiated an agreement with the PCA about using the WDE site. He has since reached a verbal agreement with the PCA that allows them to cross the northwest corner of the WDE site. They have also received permission to put the line inside the fence sooner to eliminate many of the tree clearing on Mr. Windschitl's property. There will be some removal, but not what they had originally proposed. Mr. Carlberg stated Staff will be working with Great River Energy on the location of the poles through the proposed commercial parcel just south of the WDE site. The line also affects a parcel picked up by the City as tax forfeit for drainage. The City park in that area is not being impacted. Mr. Ostrom stated the line is about as close as they can get to the NSP line along Hanson Boulevard. They will do another engineering study to see how close they can be. They think they would have a difficult time going across the WDE property along Hanson Boulevard, as it would be a safety problem if they would have to do any drilling in that area. " Regular Andover City Council Meeting Minutes - March 2, 1999 Page 6 (Special Use Permit/Transmission Lines/Great River Energy, Continued) A resident noted if the placement of poles is an issue for the City on its property, it is just as much of an issue for the residents. The residents too are worried where the poles will go. Their area has everything underground. He was concerned with the poles creating an obstruction of traffic at the corners of the intersections with Crosstown Boulevard. A woman who lives on the corner of Constance and Hanson Boulevard didn't like the fact that yet another line was being added to what they already have along Hanson. Why can't both lines continue along Nightingale behind the City Hall? She has a six-acre lot, knowing that three acres was easement. But just because it has an easement doesn't mean they thought they would ever get more power lines. The original easement was for one electrical line, not as many as they can squeeze in there. They do have one small electric pole in the area, but the new poles will be 15 to 20 feet higher. A realtor told her the impact of the new poles will mean a minimum loss in property value of $20,000, not to mention the health issues. She felt the Planning Commission reacted to her concerns as if they were a joke and that this is a done deal. She read that it costs ten times more to put the line underground, but she felt cost should not be an issue. It is a safety issue for the citizens. Mr. Martensen - wanted a clarification of whether or not the line will cross Crosstown Boulevard when it goes past his property. He felt that should be a part of the Special Use Permit. Councilmember Orttel agreed that issue should be resolved before voting on the item. Mr. Ostrom explained the location of the poles is based on survey data. Generally they try to keep them out of the site corners and do meet road setback requirements. They set the poles and distance between the power lines according to national electrical safety codes, and he went into some detail as to how those distances are calculated. The property value issues are a concern because these are customers. They have found that the effect on property values is a judgement call, and they have had difficultly trying to substantiate any reduction in values. It may take longer to sell the home; but the value reduction would be minimal, especially in this area because of the existing lines there. He would like to talk to the appraiser to find out how the reduced value was substantiated. Mr. Ostrom stated they do have the ability to go through eminent domain proceedings. For the most part, they are on the road right of way. There will not be complete concurrence from landowners, but they have had only two condemnations in the last 18 years. They have a history of being able to work with the landowners. These lines are disparately needed and they have to go somewhere. Councilmembers Knight and Orttel were concerned with the line going through the Martensen property because being so close to the house does impact it considerably. In discussing this issue further, Mr. Ostrom stated the area is staked on the west side across from the Martensen property. He did not believe the line will affect Woodland Estates. The idea is to miss the Martensen home, cross to the west side of Crosstown, extend north to the corner ofW oodland Estates, then angle north to the c;y property on the east side of Crosstown, missing the Martensen home. . . ¿, D~Ò-{\ JJ.n6D w"ul~ Q,'((),>,> ßYbl'>'\ÕWY\ (:J.Nð, 'b ~ bö~ <t'h ~Ll(yf\\1\ þ~ CLi'{¡\ Ptò0 f (ù{)cf{ì'OO ~ (}r,0~~ -:J/ Jt.f I qC[ . Regular Andover City Council Meeting Minutes - March 2, 1999 Page 7 (Special Use Permit/Transmission Lines/Great River Energy, Continued) Counci]member Johnson added to the motion to include the alternate route just explained by Mr. Ostrom. Second Stands. Councilmember OrtteI was concerned with approving the motion without knowing where the poles will be located. Attorney Hawkins advised a condition can be added that would require them to come back and show the final location of the poles within the corridor. Mr. Carlberg also noted everyone along the route was notified for the public hearing, but the Zoning Ordinance only applies to the areas outside of the existing right of way. Councilmember Johnson added to the motion that because the final location for the line has not been pinned down, the permit would be granted to go through the area; but when the final plans are completed, they must be brought to the City for approval prior to construction. (Resolution R054- 99) Motion carried on a 4- Yes, I-absent (Jacobson) vote. (Councilmember Jacobson returned to the Council Chambers at this time, 8:46 p.m.) SPECIAL USE PERMIT/PLANNED UNIT DEVELOPMENT/GREY OAKS/CHESTERTON PARTNERSHIP Jerry Windschitl. Chesterton Partnership - reviewed the site plan of the proposed Grey Oaks development which consists of 65-unit buildings, 30-unit buildings, single and twin town homes, office building, convenience store and day care. They are trying to develop the project to appeal to the empty nester/senior market. The two large buildings were designed by the architect that has done The Willows in Ham Lake and the Epiphany senior center in Coon Rapids. The whole concept centers around a New England village with a green area, trails, rest areas, etc. Exterior construction of the buildings is brick and stucco with vinyl accents. An important feature for this market is having a washer and dryer in every unit, plus each unit will have balconies. The day care is proposed because of the demonstrated need from the neighboring residential areas, plus the senior market often provides needed help in those facilities. The intent of the office building is to have retail on the first floor and offices on the second floor. The convenience store is designed to provide the basic needs of the neighborhood. All residential units will be members ofan association which would manage the property. They would be required to make monthly contributions to the maintenance fund and the sinking fund for future repairs to the project. Mr. WindschitI noted an open issue is the number of parking stalls. It has been designed with 1.5 parking stalls per unit in the 30- to 65-unit buildings and double car garages on all remaining units. More parking can be provided, but it would take away more green area or trees. He also hired a professional traffic engineer to review and design the entrance to the site off Hanson Boulevard. The issue of the RV storage buildings needs to be resolved. They do have Coon Creek Watershed approval for the development. The two large buildings were designed as rental senior housing, not _. ,- . -- -..- Regular Andover City Council Meeting Minutes - March 2, 1999 Page 8 (Special Use Permit/PUD/Grey Oaks/Chesterton Partnership, Continued) for sale, assuming they will be a part of the TIF district. They were designed on the same basis as The Farmstead. The intent for park dedication is to pay per the current ordinance, and the trail system within the residential area will be owned and maintained by the association. There will be a public trail past the commercial areas. Councilmember Johnson understood the RV buildings were to be removed or moved more toward the interior of the project. Since the trails, tennis courts, etc., will be private, how will they monitor them? She felt that children, especially from the proposed development to the south, will come in to use them. Mr. Windschitl stated typically the association would monitor them. Hopefully the youth would be more attracted to the school facilities. He agreed there is some potential for conflict. The R V storage is an amenity to the project and can be removed. However, they must have a storage building in that area for their maintenance equipment. That would be built to match the exterior of the other buildings. Councilmember Jacobson asked ifhe intends to market and build Grey Oaks as a senior housing development. Mr. Windschitl stated no, it will be marketed primarily to the empty nester/senior market. Councilmember Jacobson noted the memorandum from Briggs and Morgan which provides the Minnesota and federal statutes relating to the renting and selling of housing to the elderly. He asked if Mr. Windschitl intended to follow those statutes. Mr. Windschitl understood that the statutes do not allow him to age discriminate. Item I of the Minnesota Statutes applies to areas under the TIF district. His understanding of the federal statute is different from what Councilmember Jacobson is saying. That provision is the one that would apply and is more restrictive than the state's statute. He did not think those provisions applied to buildings for sale but only for rental buildings. He also understood he cannot make them apply and that there is no federal provision relating to units for sale. After some discussion, Attorney Hawkins understood Mr. Windschitl does not want to comply with the federal statute that requires at least 80 percent of the units be for those 55 years and older. There would be no discrimination if he would comply with those requirements. Mr. Windschitl argued the Statutes 3b and 3c, I and 2 and Ci and ii all apply. Again he understood that a unit for sale would not be able to comply with 3b and 3c, I and 2. The bulk of this project is intended to be for-sale units. The problem is complying with those provisions after the units are sold when he no longer has control over it. He does intend to market to the empty nester and senior market. The memo from Briggs and Martin simply states the statutes; it does not give an opinion on how they apply to for-sale units. The intent was the two large units and 30-unit building would be rental units under the TlF district which could then be age restricted. There was some discussion on expanding the TIF to the other buildings as well. He is not adversed to that, but he didn't want to violate the federal or state law. - " ~. .,.- --- ~.- ~ - ..-.. Regular Andover City Council Meeting Minutes - March 2, 1999 Page 9 (Special Use Permit/PUD/Grey Oaks/Chesterton Partnership, Continued) The discussion continued on the federal and state statutes and how they can be applied to this development. Mr. Carlberg stated according to the statutes, the use of the TIF district is not the only way to regulate age. The reason for the TIF is to write down the cost of the units and guarantee a certain number of units would be affordable, not for age discrimination. Also, the buildings need to be constructed to certain standards for senior developments. Mr. Windschitl stated the advantage of having the TIF district is it satisfies some of the state and federal programs for senior housing. Secondly, they are required to write down the rent on a certain percentage of the units which provides the ability of seniors less well to do to afford this type of housing. Also, it could satisfY some of the other requirements for low and medium income. They have complied with the construction for handicapped accessibility and other items. His interpretation of the empty nester/senior market was age 45 and up. Attorney Hawkins did not agree with Mr. WindschitI's interpretation of the statutes. He felt the federal statute could apply to for-sale units. There would need to be a covenant that restricts 80 percent of the units to occupancy by persons 55 years of age or older, and that covenant would be the responsibility of the association. If the criteria is met, Mr. Windschitl will not be guilty of discrimination. The TIF district is not needed for these to be elderly housing units. If the Council wants to have some of the rental units subsidized, then the TIF can be set up that meets that criteria. Councilmember Knight felt the age 45 and up to define empty nester was debatable. He was concerned with not having a guarantee that this will be for seniors. Both he and Councilmember Orttel noted it has always been the intent that this area would be for age 55 or older. In discussing the phasing of the project, Mr. Windschitl stated he would like to construct the entire project this year; however, that would require a Comprehensive Plan amendment. Without that amendment, he would agree to the phasing of the project. However, the Council did agree to allow him to construct the infrastructure this year, which includes all utilities, streets, trails, etc. He also noted it is difficult to mix a residential and commercial association. That is why they have the association responsible for the residential portion of the project only. Typically the commercial units will have their own standards. Dave Elliott - was discouraged there hasn't been a meeting of the minds between the developer and the City Council. Mr. Windschitl has stated his intent would be to design and market this to appeal to the senior and empty nester market. Past meeting minutes have indicated that he stated he cannot legally do this. Tonight Attorney Hawkins is saying he can legally do it. He felt the citizens in the area would be satisfied if Mr. Windschitl would guarantee that this is a senior development. Mayor McKelvey felt that is what the Council wants also. He would like the developer to discuss this further with the City Attorney to come up with an agreement. Mr. Carlberg noted the Council must act on these items tonight unless the developer requests an extension. Attorney Hawkins again noted that covenants to restrict the occupancy of the development by persons 55 years of age or older can be legally recorded. It appears there is a difference opinion as to the age of the empty nester. - -. .- -,.- -_.~--~ --- ,. . ~ ~... . . Regular Andover City Council Meeting Minutes - March 2, 1999 Page 10 (Special Use Permil/PUD/Grey Oaks/Chesterton Partnership, Continued) Mr. EJliott - stated at previous meetings, Mr. Windschitl defined empty nester as age 50 years or older. Tonight that has been dropped by five years. He felt the 50 years or older should stay in place. On November 4 the developer talked bout the specifics of construction that would be used to design and market to the senior citizens and empty nesters. In researching what other cities have done to design for seniors only, construction typically has only one or two bedrooms, sometimes an office or den and generally handicapped accessible. Motion by Jacobson, Seconded by Johnson, the Resolution granting the Special Use Permit, with the addition under the NOW, THEREFORE, BE IT RESOLVED, change Item 5, c to "Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas, and age restrictions so as to comply with the Minnesota Statutes § 363.02, subd. 2(2)(b) and Federal Fair Housing Act and Amendments 42 U.ß-£~.A. ~ 3607 (b) (2). ~~~~~~OakS would - [ J2.f(}.(I ~ - '\f,Kl .. ¿, '0 lß.(~fè.t~/Y be a phased development e eloper's gUidelInes Ie III lea rey Oaks development is in two development time frames. It will be developed in two phases so no Comprehensive Plan amendment would be needed. Add Item 7, Should, after passing the Special L Use Permit and preliminary plat, the developer changes his mind about following the Minnesota and rð-~~ federal statutes mentioned in Item 5, c, the Special Use Permit and preliminary plat will then be nUll(}\I¿ lc¡t:{ and void and full reapplication must be made for the Special Use Permit and preliminary plat. :? ¡LP. (Resolution R055-99) DISCUSSION: Attorney Hawkins advised the developer would be required to put the legal mechanisms in place that would restrict the occupancy to persons in such a manner as to comply with the state and federal exemptions. They would also be a part of the homeowner's association. Motion carried unanimously. Mr. Windschitl asked who is going to determine the legality of what is being required in this motion. Attorney Hawkins suggested Mr. Windschitl hire someone to draft the covenants. He will review them and have an expert in the area review them as well to be sure there are no violations of the law. If Mr. Windschitl's attorney does not agree with his opinion this evening, he asked that the attorney point out the error and he will look at it. He will respond to anything Mr. Windschitl brings him. Mr. Windschitl asked if there is any intent to have a TIF district on the development. It would be the same as was done for The Farmstead. They would be the same documents. The two large buildings and the 30-unit building have been proposed to be rental units under the TIF district. They are not looking for any bonds. It does not include the commercial area. He would have to know whether or not there will be a TIF district before going any further with the development. If not, the intent would be to have all for-sale units in the project. The Council generally had a problem promising a TIF district in this project without more information. Mr. Carlberg stated under the TIF district for The Farmstead, 20 percent of the units must be affordable plus there was an additional IO-percent low income provision. The purpose of the TIF district is to make the units affordable. The low income guidelines are established by the state. He suggested the Council may want to see the covenants to make sure they meet the condition for a , - ... ..- "- .- -~-~-- . ~-."' -- ...- Regular Andover City Council Meeting Minutes - March 2, 1999 Page 11 (Special Use Permil/PUD/Grey Oaks/Chesterton Partnership, Continued) senior/empty nester project. Councilmember Jacobson stated he didn't care to use tax money to buy down rents for private purposes, though he was open to looking at it further. He wanted to know how this would benefit the City. CounciImember Orttel noted it isn't a direct contribution, though public money is being used. The intent is to make some units affordable. Councilmember Knight suggested Mr. Windschitl present more information at the next meeting. Staff noted there may not be enough time to get the documents prepared by then. The Council then asked for copies of the agreement with The Farmstead for them to review at the next meeting. PRELIMINARY PLAT/GREY OAKS/CHESTERTON PARTNERSHIP Motion by Orttel, Seconded by Jacobson, the Resolution approving the preliminary plat of Grey Oaks as presented. DISCUSSION: Jerrv Windschitl. Chesterton Partnership - noted some of the changes made at the request of the Watershed Board since the Council last viewed this. He understood the gas company is working within their easement and will not need anything additional. Mr. Carlberg stated he didn't believe the gas company is looking for additional easement other than for temporary construction easements. Councilmember Jacobson stated he would like to see the RV storage building removed from the site but leave the smaller storage shed. The access to Nightingale would also be eliminated, so there would be access to the storage building from the parking lot. He also had a concern with the entrance at Hanson Boulevard and 155th. The grading plan shows a power company steel pool at the edge of the curb. He felt that is a safety issue. Normally there is some setback for safety. Mr. Windschitl believed they satisfied all requirements. The entrance is 3 Y> lanes wide. Mr. Erickson stated they will check the distance of the structure from the curb. A buffer is needed. Councilmember Jacobson asked if the pipeline company is removing trees for their construction. There are a lot ofpIantings along Nightingale that are a buffer. Mr. Windschitl stated in looking what they have staked, a large number of trees are going to be removed. He didn't understand why they need to clear cut such a wide path. He assumed the pipeline company would have some liability for restoring things. Mr. Carlberg noted as a senior project, the parking requirements are met or exceeded. The requirement is Y> parking space per unit, and the project has about I Y> spaces per unit overall. There will be no parking on any streets in this development. Without a Comprehensive Plan amendment, building permits will not be issued for the second phase until the year 2000. There is a public trail proposed along Hanson Boulevard, which will be paid for on a 50-50 cost share according to the City's policy. The trail along Hummingbird will be done at the expense of the developer. There is an issue with the mid-block crossing at I 55th Lane NW, assuming it will be a busy corridor with people trying to get to the commercial area. Staff is suggesting the crossing be moved to a controlled intersection for safety reasons. The Council generally agreed. - . ~ -..,-.. --_._- --- ,--. Regular Andover City Council Meeting Minutes - March 2, 1999 Page 12 (Preliminary Plat/Grey Oaks/Chesterton Partnership, Continued) Mr. Carlberg noted Staff will address the issue of the power pole at the entrance of Hanson Boulevard and 155th Lane. He also explained they asked TKDA to look at the traffic situation at that intersection and along the commercial area. Based on their recommendations, Staff is providing a sketch of that intersection with medians and additional turn lanes and only one entrance to the commercial area. The developer proposed two entrances. Mr. Erickson stated there was some discussion of allowing another right-in, right-out exit near Hanson Boulevard. The proposal before the Council is only a suggestion. Mr. Windschitl stated they hired an expert traffic engineer to design that intersection who recommended two entrances to the commercial area. He looked at recent county reconstructions of intersections, and none have been done to the extent being proposed. He felt the proposal is over kill. In their design, the by-pass lanes resolve the stacking issue. Only one entrance to the commercial area creates internal traffic problems. Mr. Erickson stated Staff is willing to discuss it further and look at other options. Mr. Carlberg recommended going with the Staff recommendation but to allow Staff to look at other options. The Council agreed. Mr. Carlberg explained there was a provision in the Special Use Permit that all variances would be granted with the preliminary plat. There are four pages of developer standards presented in the PUD that established the difference between the Grey Oaks plat and the M-2 requirements. All of those are being accepted as standards and variances of the project with some modifications. In the commercial areas, the rear yard setbacks for M-2 are 40 feet. The standards indicates it is 30 feet. Mr. Carlberg noted the variances related to the commercial area. One is to the green space requirements of 20 feet from the parking lot to the public right of way. Also, in between the two buildings there is a 20-foot green space requirement. The developer is proposing joint parking space, so a variance is needed to that green space requirement. Staff is recommending the 20-foot green spaces be maintained. Mr. Windschitl didn't know how much of a green space there was to the public right of way. Because the two parking lots face each other, there is more than 4 feet wide. Part of the problem is the huge street they are being asked to construct. There is also a wetland plus the power pole. It is going to be very difficult to get everything in there. There is an 80- foot wide right of way through that area. Extra parking spaces were added for convenience. They are not planning for a car wash on the site. Mr. Carlberg stated they are looking at this as a neighborhood business zoning. A Special Use Pennit will be needed for the convenience store pumps. After discussing it, the Council felt that the buildings could be moved back enough or number of parking lots eliminated to meet the 20-foot green space from the parking lot to the public right of way. They agreed to grant the variance for the green space between the joint parking lot. Mr. Carlberg also noted there will be a well on the site. The lift station for the septic system will be located in Fox Hollow. A geotechnical report has been done on the project and has been verified by Regular Andover City Council Meeting Minutes - March 2, 1999 Page 13 (Preliminary Plat/Grey Oaks/Chesterton Partnership, Continued) another firm. There will be association documents with the project. The restrictive covenant should include a provision prohibiting RV storage in the parking lots. Councilmember Jacobson suggested the following changes to the motion: Delete Item 10 in the prepared Resolution. New Item 10, The development shall be phased so as to not require a Comprehensive Plan amendment. Item I I. The number of parking spaces shall be consistent with the use. Item 12. The RVlBoatlTrailer storage along Nightingale Street NW shall be eliminated; however, a small storage facility for equipment to be used to maintain Grey Oaks shall be permitted, but there will be no entrance onto Nightingale. Item I3. The road design along 155th Lane NW between Hanson Boulevard and Hummingbird Street NW shall be reconfigured to meet better safety standards as detennined by the City. Item 14. A copy of all variances as presented by the developer consisting offour pages which was received by the City on December 3, 1998, as amended, shall be attached to the preliminary plat and become the only listing of variances approved on the plat. Item 15. All streets within the plat shall be public roads with no parking. Item 16. A detailed landscaping plan for Grey Oaks, including the species, size and number of plants, shall be attached to and become part of the plat. Such landscaping plan must be acceptable to the Andover Review Committee. Item 17. A tree protection plan acceptable to the City must be approved prior to any excavation. Item 18. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. _ Ø\IÎ \-' ¿Hb~ o-rc¿¡ -1v ~-hS f~ Item 19. The acseptance of a signed ~ parking agreement in th .oolUU ;al area,. ~ð1't.lhß S>\oJ\ '(e~èfY\tY'liS., A-mÓ~dJ 3J;Le 1C¡C¡ Item 20. All units not marketed for senior or empty nesters shall provide a minimum of2.5 parking spaces per unit. Item 21. The issue of public and private trail locations and crossings be mutually agreed upon by the City and developer. Item 22. All grading, drainage, flood elevations, erosion and geotechnical issues still outstanding be agreed to by both parties prior to any construction work being undertaken. ... >. -". . . Regular Andover City Council Meeting Minutes - March 2, 1999 Page 14 (Preliminary Plat/Grey Oaks/Chesterton Partnership. Continued) Item 23. A suitable location for a City well which is agreeable to both the City and developer. Councilmember Orttel accepted the amendment to his original motion. Second Stands. (Resolution R056-99) Motion carried unanimously. ACCEPT PETITION/ORDER FEASIBILITY REPORT/IP98-29/GREY OAKS Motion by Knight, Seconded by Orttel, the Resolution presented. (Resolution R057-99 declaring adequacy of petition and ordering preparation ofa feasibility report for the Grey Oaks area) Motion carried unanimously. APPROVE RESOLUTION/SCHOOL SPEED ZONES Motion by Jacobson, Seconded by Knight, the Resolution presented. (Resolution R058-99 requesting the Anoka County Highway Department to establish a speed limit in the school zones for Andover Elementary and Oak View Middle School) Motion carried unanimously. AWARD BID/IP98-9/CAMBRIDGE ESTATES (PHASE //sOUTH AREA) AND IP97- 49/CHESTERTON COMMONS 2ND ADDITION Motion by Knight, Seconded by Jacobson, the Resolution ordering the contract as presented. (Resolution R059-99 awarding the contract to La Tour Construction, Inc., in the amount of $998,046.75) Motion carried unanimously. The meeting was recessed to hold an HRA meeting, I I: I 0 p.m.; reconvened at 1 I :34 p.m. AM YOR/COUNCIL INPUT Crossing of Hanson Boulevard - Mr. Erickson stated Staff is putting together information for a feasibility report to study a crossing over or under Hanson Boulevard. Concerns from residents/north side of Bunker Lake Boulevard - Councilmember Knight stated he received a call a person representing the residents along the north side of Bunker Lake Boulevard. They feel the Council is mostly interested in the commercial property on the south side of the street and are not concerned with them on the north side. They would like to have a trail along the north Regular Andover City Council Meeting Minutes - March 2, 1999 Page 15 (Mayor/Council Input, Continued) side of Bunker Lake Boulevard and the ability to cross Bunker Lake Boulevard to the commercial area. Another concern is they would like the electric lines buried along there rather than going overhead. If they are buried, does the City have to stand the extra cost? Attorney Hawkins didn't believe the City would have to pay the extra cost. The City would have to pass a right-of-way management ordinance to require those lines to be underground. After discussion, Mr. Erickson noted most of the trail will be on the north side of Bunker Lake Boulevard, but he can look at the possibility of a trail along that residential area just north of Andover Station. The right of way is narrow through there, so they would have to work with the neighborhood. A signal light is proposed in the future at Quinn Street. The Council also agreed that Staff should contact the electric company about its intent to consider a right-of-way management ordinance which would require the electric line to be buried at their expense. PA YMENT OF CLAIMS Motion by Jacobson, Seconded by Knight, approval of the Claims as presented. Motion carried unanimously. Motion by Johnson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at I I :47 p.m. \ \ Respectfully sub , ~\ / í~ \- Marcella A. Peach Recording Secretary --- - - -" .. +.. - . .._- --