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HomeMy WebLinkAboutCC - October 15, 2013ANDOVE^ T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, October 15, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (9/24/13 Workshop; 10/1/13 Regular; 10/1/13 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Petition/Accept Feasibility Report/Waive Public Hearing/Order & Approve Assessment Roll/13- 37/2151 & 2153 —140t" Ln. NW/WM — Engineering 4. Approve Ditch 6 & Ditch 71 Study - Engineering 5. Approve Encroachment Agreement — 1851 Bunker Lake Boulevard NW — Wal -Mart — Planning 6. Approve Used Vehicle Sales Business License/Ryan's Auto Sales LLC /3138 -162 "d Lane NW — Administration 7. Approve Land Purchase Offer/PID#22- 32- 24 -42- 0001 — Administration 8. Approve Donation for 2014 Senior Class All Night Parties -Administration Discussion Items 9. Anoka County Sheriff s Dept. Monthly Report — Sheriff 10. Public Hearing/2014 -2018 Capital Improvement Plan -Finance 11. Consider Comprehensive Plan Amendment MUSA Expansion, Land Use Change and Density Range Change - Planning 12. Approve Rezoning R -1, Single Family Rural to R -4, Single Family Urban— 15873 Linnet Street NW — Scott Allen - Planning 13. Approve Lot Split —15873 Linnet Street NW — Scott Allen — Planning 14. Approve City Code Amendment — 12 -9, Home Occupations and 13 -1 -3, Frequency of Lot Splits — Planning 15. Discuss Catcher's Creek Plat as requested by Mark Smith - Planning Staff Items 16. Schedule November Council Workshop — Administration 17. Schedule November EDA Meeting — Administration 18. Administrator's Report —Administration Mayor /Council Input Adjournment X REGULAR ANDOVER CITY COUNCIL MEETING —OCTOBER 15, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 15, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, and Tony Howard Councilmember absent: Julie Trude Also present: City Administrator, Jim Dickinson Public Works Director /City Engineer, David Berkowitz Community Development Director, Dave Carlberg City Attorney, Scott Baumgartner Others PLEDGE OFALLEGIANCE RESIDENT FORUM Mr. Lee Warneka, 14791 Blackfoot St. NW, Andover, presented a petition to the Council requesting restrictions for trapping animals on Round Lake. He stated the State's trapping regulations are not being followed and it is unsafe. He asked the City Council consider enacting an ordinance and posting a sign at the boat landing requiring trappers to check traps at regular intervals. He stated Coon Rapids has a similar ordinance. AGENDA APPROVAL Mayor Gamache stated additional information had been received from the Sheriff's Department. City Administrator Dickinson stated a closed session is requested to discuss Public Works Union Negotiations. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve the Agenda as amended above. Motion carried 4 -Ayes, 1- Absent (Trade). 0 APPROVAL OF MINUTES September 24, 2013, Workshop Meeting: Correct as written. ® Regular Andover City Council Meeting Minutes — October 15, 2013 Page 2 Motion by Councilmember Howard, Seconded by Councilmember Bukkila, to approve the minutes. Motion carried 4 -Ayes, 1- Absent ( Trude). October 1, 2013, Regular Meeting: Correct as written. Motion by Councilmember Howard, Seconded by Councilmember Knight, to approve the minutes. Motion carried 3 -Ayes, 1- Present ( Bukkila), 1- Absent ( Trude). October 1, 2013, Closed Session Meeting: Correct as written. Motion by Councilmember Howard, Seconded by Councilmember Knight, to approve the minutes as presented. Motion carried 3 -Ayes, 1- Present ( Bukkila), 1- Absent ( Trude). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Accept Petition / Accept Feasibility Report/Waive Public Hearing / Order and Approve Assessment Roll / 13- 37/2151 & 2153 —140th Lane NW / WM (See Resolution R092 -13) Item 4 Approve Ditch 6 & Ditch 71 Study Item 5 Approve Encroachment Agreement —1851 Bunker Lake Boulevard NW — Wal- Mart Item 6 Approve Used Vehicle Sales Business License / Ryan's Auto Sales LLC / 3138 — 162 °t Lane NW Item 7 Approve Land Purchase Offer / PID #22- 32 -24 -42 -0001 Item 8 Approve Donation for 2014 Senior Class All Night Parties Motion by Councilmember Bukkila, Seconded by Councilmember Howard, approval of the Consent Agenda as read. Motion carried 4 -Ayes, 1- Absent (Trade). ANOKA COUNTYSHERIFF'S DEPARTMENT MONTHLYREPORT Lieutenant Paul Lenzmeier presented the September 2013 Anoka County Sheriff's Department monthly report to the Council. PUBLIC HEARING: 2014 -2018 CAPITAL IMPROVEMENT PLAN City Administrator Dickinson stated the Council is requested to hold a public hearing and consider approving a resolution adopting the 2014 -2018 Capital Improvement Plan. He reviewed © the proposed 2014 -2018 Capital Improvement Plan with the Council. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to open the public hearing at 7:15 p.m. Motion carried 4 -Ayes, 1- Absent ( Trude). Regular Andover City Council Meeting Minutes — October 15, 2013 Page 3 Motion by Councilmember Howard, Seconded by Councilmember Bukkila, to close the public hearing at 7:16 p.m. Motion carried 4 -Ayes, 1- Absent (Trude). Mayor Gamache stated the CIP would be available online once it has been approved by the City Council. He clarified the CIP includes a list of the proposed annual street reconstruction projects. City Engineer Berkowitz explained the City plans a larger street overlay every 3 -years rather than a reconstruction project. This project scope will be determined at that time. The overlay project is listed separately from the reconstruction projects in the CIP. Councilmember Bukkila explained the CIP is a 5 -year plan and the projects may change as priorities change and financing is available. Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to approve Resolution R093 - 13, adopting the City of Andover 2014 -2018 Capital Improvement Plan. Motion carried 4- Ayes, 1- Absent (Trude). CONSIDER COMPREHENSIVE PLAN AMENDMENT MUSA EXPANSION, LAND USE CHANGE AND DENSITY RANGE CHANGE Community Development Director Carlberg stated the Council is asked to consider amendments to the City of Andover Comprehensive Plan to include 83 -acres into the Metropolitan Urban Service (MUSA) Area, to change 83 -acres of land from RR (Rural Residential Density) to URL (Urban Residential Low Density), to change 6.39 -acres of land from GC (General Commercial) to URM (Urban Residential Medium Density), and to change the density range for URL (Urban Residential Low Density) and URM (Urban Residential Medium Density). Community Development Director Carlberg reviewed the staff report with the Council. Councilmember Bukkila asked what the City's overall goal is with increasing the density ranges. Community Development Director Carlberg explained the Met Council requires each city to meet a density goal between 3 and 5 units per acre. The proposed changes are not significant but will meet the Met Council requirements. Councilmember Bukkila suggested setting the URL at 1.75 to 3.6 units per acre and URM at 3.6 to 6 units per acre. © Mayor Gamache opened the floor for comments from the landowners and developer and for public comment at 7:38 p.m. Mr. Scott Wold, SW Land LLC, stated the proposal would be to develop the 83 -acres into 155 © Regular Andover City Council Meeting Minutes — October 15, 2013 Page 4 total units. The concerns presented at the Planning Commission meeting are currently being reviewed and addressed by the developer. If the project were allowed to move forward the developer would continue to work on resolving the concerns of the residents including road safety and access. One of the concerns brought forward was emergency access. There is an emergency access that can go out to Ward Lake Drive. This access is already in place. The concerns that Wintergreen Street goes a long way to the north without emergency vehicle access would be addressed as the project continues forward. The people in the north portion of the Country Oaks West development would have access that would potentially make their streets safer. Mayor Gamache asked who owned the property with the current access over the railroad tracks. Mr. Wold stated there is currently a 16 -18 foot wide privately owned road that could provide emergency access to the proposed development. Councilmember Knight asked if this would be a minimum maintenance road. Mr. Wold stated if the road is going to be used as an emergency access then it would need to be © maintained. Mayor Gamache asked if the City would have problems getting access from BNSF since they had already granted access to the Ganter Family. City Engineer Berkowitz stated the City would have to go through the BNSF review process even if the road is only used as an emergency access. Mayor Gamache asked if the road would have to be blocked so it would be maintained as an emergency access point only. Mr. Wold stated once there was a road constructed through the development then this access point would not be needed but until then the access would need to be blocked. There is a break away gate in the Country Oaks West development that provides emergency vehicle access. Councilmember Knight asked where the road to Hanson Boulevard would be constructed. Mr. Wold stated the project is in the preliminary stages at this time. The road shown is a possibility. He has talked to Mr. Selmer regarding this access but has not been able to secure an easement. He still needed to discuss this possibility with the Kuiken brothers as well. The access is shown because it is a possibility that is being explored. © Councilmember Bukkila asked what the City's position is regarding the temporary access. City Administrator Dickinson stated before this road could be used as an emergency access the Regular Andover City Council Meeting Minutes — October 15, 2013 Page 5 City would need to discuss this with BNSF. At this time this is a proposal or option being explored by the developer. Community Development Director Carlberg stated a petition from the residents is included in the staff report. Mr. Ganter, 17130 Ward Lake Drive, Andover, stated he understands the concerns of the residents in the Country Oaks West development. He explained his family has lived in and paid taxes in Andover for close to 80 years. He explained through out the years there have been changes including the addition of a gas pipeline in 1987, Ward Lake Drive was tarred, and Deerwood Estates in 1990. He explained emergency vehicles used all available accesses during the Burlington Northern fire in 1999. They did not ask permission because it was an emergency. In 2001, District 11 wanted to take one of the 40 -acre parcels. This did not happen but it was something that had been proposed. Country Oaks West was developed in 2005. He explained he may not necessarily like changes but it is inevitable and needed to happen. Without change nothing can go forward. He stated he had concerns about traffic. He stated he has come forward because there is potential to be included in the MUSA and he would like to be a part of this. © Mayor Gamache asked if the total units being proposed was 155 units because that is what the sewer study showed could be added. Mr. Wold stated there would be a total of 155 homes. The proposal is for 67 in the first parcel and less than 90 on the second 40 -acre parcel. The Putnam parcel has been drawn up but everything else is ghost platted at this time. He clarified that he did not own the second 40 -acre parcel at this time. Mayor Gamache stated one of the concerns that have been brought up is water pressure. He stated as the City continues to grow the system would need to be looped in this area. He asked if this would increase the water pressure in the Country Oaks West area. City Engineer Berkowitz stated looping the system would increase the water pressure in Country Oaks West. The system would not need to be looped with existing development. As this area of the City continues to grow then the system would need to be looped. As sewer availability was being reviewed it was determined there was 1,149 - gallons per minute. The minimum required for fire protection is 1,000- gallons per minute. With the proposed development the flow would change to 956- gallons per minute. If the loop were added the flow would increase to 1,566 - gallons per minute. Councilmember Bukkila asked how many units are in the Country Oaks West development. © Community Development Director Carlberg stated there are 105 -units within that development. Mayor Gamache asked if the City had a plan to tie the water into the system. He also asked if © Regular Andover City Council Meeting Minutes — October 15, 2013 Page 6 sewer would go down the street. City Engineer Berkowitz stated the sewer goes up Wintergreen Street and branches off throughout the development. Water and sewer can both go through wetlands. The area needs to be restored to its original condition when complete. Mayor Gamache stated another concern that had been brought up was a conflict of interest with Mr. Wold. He explained that Mr. Wold is the developer and has purchased property from Mr. Putnam. Mr. Wold has the right to ask for a Comprehensive Plan Amendment. This is part of the process. He stated another concern brought up had been the length of Wintergreen Street and it had only one access point. He stated there are other areas in the City that had similar roads including the Green Acres development, Millers Woods, and Woodland Estates 6t' Edition. These types of roads occur due to the surrounding area such as wetlands, soil conditions, or borders to other communities. He also explained residents were concerned that the proposed development would not be compatible with the surrounding area. He stated the Millers Woods development is similar to the proposed project because it has urban lots next to rural lots. This project included buffers between the areas and this could also be done in the proposed project. Whenever there is new development it is unlikely to be compatible with the surrounding area mainly because you are developing into rural properties. He explained the compatibility problem the Planning Commission had sited, as a reason not to approve is not reasonable because anywhere that was developed in the City would have been done with open space around it. He stated the City has purchased open space in the middle of this development area as well. There are other residents in this area that may wish to develop their property in the future and this will also impact the neighboring areas. Andover is a developing community and changes are to be expected. He explained the Planning Commission had recommended denial but the final decision will be up to the City Council. The Planning Commission in Andover is an advisory commission. The City Council would not need approval from the Planning Commission to approve these changes. City Attorney Baumgartner explained the Met Council handbook and this does not over turn the City's ordinances or statutes. He explained Statue 462.355 references amending Comprehensive Plans. The League of Minnesota Cities reference materials say the City Council ultimately decides on the acceptance, rejection or revision of the Comprehensive Plan and is not bound by the Planning Commission. The Planning Commission is an advisory commission. Community Development Director Carlberg clarified the Comprehensive Plan revision submittal form from the Met Council asks if the revision had been acted on by the Planning Commission and the date of approval from the governing body. © Mayor Gamache clarified other MUSA Comp Plans have been recently added including Millers Woods and Country Oaks West. Councilmember Bukkila stated the overall density of the City as a whole needs to meet Met Regular Andover City Council Meeting Minutes — October 15, 2013 Page 7 Council goals. In order for the City to accomplish this and compensate for rural areas then something else needs to have a higher density. The City has been able to reach these goals primarily through the senior housing complexes. If the City did not have these then there would be a need for larger apartment complexes. She asked City Engineer Berkowitz to explain how the number of users impacts how the City's utilities are funded. City Engineer Berkowitz explained an Enterprise Fund is used to fund the City's water /sewer system and the users of the system fund this. The more users there are the less each person needs to pay in order to maintain the system. In this particular situation the system is adequate for the additional units. He explained the City had pushed out some Capital Improvement projects such as a new water treatment facility and new water tower into the future as additional development occurs. As development occurs the City looks at the infrastructure to determine what improvements need to be made to accommodate the development. Commissioner Howard stated the City's urban lot availability is low. The City has been working on bringing jobs to the community through commercial development and people who work at these jobs will need places to live. OCouncilmember Bukkila stated the City had also discussed potentially creating subsidies to bring people onto the City's sewer and water system. The development would meet the City's build out requirements and bring people onto the system. Councilmember Knight asked if the entire area could be staged differently to provide adequate access to these portions of the City. Community Development Director Carlberg stated the City's Comprehensive Plan includes a MUSA plan and a staged development plan. The staged development plan has 5 -year increments for when areas will be developed. Within the Comprehensive Plan the City can include the entire 83 -acres but then set some staging dates for the development of this area. Things can change that areas do not develop as projected or other areas develop earlier than expected. The City cannot necessarily tell a developer that they cannot develop until a different area is developed first. The dates can be changed based upon the land owners plans for development. During the staging of these 80 -acres something may occur that may further address the access question. Councilmember Howard agreed that staging would provide the City more time to get a second access to the property. Community Development Director Carlberg suggested placing the Putnam parcel in the 2010- 2015 time frame and the Ganter parcel in the 2015 -2020 time frame. This would be a good © compromise for the City. Mayor Gamache opened the floor for public comments at 8:26 p.m. © Regular Andover City Council Meeting Minutes — October 15, 2013 Page 8 Mr. Jim Olson, 16658 Wren Court, Andover, stated he represents the people that live in the rural area that are against the addition of urban lots in this area. This type of development is incompatible. He asked the Council to deny the request and not move forward with the proposal. Mr. Peter Steiger, 16473 Wintergreen Street NW, Andover, stated the overriding issues with this proposed development are the safety of the children in the Country Oaks West development and the additional traffic on Hanson Boulevard. He asked if there was any expansion planned for Hanson Boulevard. Mayor Gamache stated Hanson Boulevard is a County Road and expansion of this road is one of their long term plans but there is no date set for this expansion at this time. There will be a light added at Hanson Boulevard and 1615 Avenue in 2014. Safety issues are always a concern in any development and the Sheriff's Department will take the necessary steps to ensure safety. Councilmember Bukkila stated there are other areas in the City that have higher density and children. Safety is always a concern and it can be achieved. Ms. Lisa Ripken, 16410 Wintergreen Street, Andover, stated she is not opposed to development. She purchased her lot with the understanding rural lots would be to the north and does not want urban lots in that area. Expanding the MUSA does not appear to be expanding the urban core as defined by Met Council. The City's core urban development appears to be south of Constance Boulevard. The City continues to make exceptions on what type of development can be done and there is no barrier between urban and rural development. She asked where the City plans on drawing the line. She expressed compatibility problems with having an urban development next to a rural development. She stated all the roads being discussed are contingent and only possibilities. She wants the City to have smart and sustainable development. Mayor Gamache stated prior to 2003 there was no development north of 161 S` Avenue. The expansion beyond 1615 Avenue was done to accommodate the changing needs of the City. There was sewer and water available and landowners came to the City wanting to develop their property. With the economy there are changes and the City is asked to look at expanding the development area by landowners. The staging plan will work towards obtaining another access to this area but there is a chance another access does not develop. Ms. Ripken asked why the City does not keep the urban development closer to the transportation - orientated areas. Mayor Gamache explained there are several areas of the City that would make a higher density development unfeasible. Ms. Ripken asked if the City planned to continue developing higher density housing in this area. She also clarified the Council was telling residents that they needed to take care of their kids to keep them safe on the roads and the Sheriff's Department would find the time to help with this ® Regular Andover City Council Meeting Minutes — October 15, 2013 Page 9 and because the utilities are there residents should be ok with it. She would like the City to have smart, sustainable development that follows the comprehensive plan and maintaining the rural character of Andover. Mayor Gamache stated he did not know how the City would develop in the future but at this time there is enough sewer to accommodate this development. Councilmember Bukkila stated the overall center of the City contains peat and low grounds. This is where another water main and the central activity of the community would go eventually but feasibly cannot be done at this time. There are other areas in the City that may develop but in this situation there are sewer units available. Ms. Judy Orland, 16526 Sycamore Street, Andover, stated the only people that would be unhappy with the Council not approving this request is the developer. The residents would be happy and this should be the Councils concern. Mayor Gamache stated there are not hundreds of people pushing for this development but those people who find new homes in Andover will be happy. There are also some residents who have ® contacted the City in support of this project. There are several people in the community that may not be aware of the proposed project. The City encounters concerns and problems with each development from surrounding developments and these will be worked out through the development process. Ms. Orland stated there are unsold lots and homes in Country Oaks West that should be sold prior to a new development being added. Community Development Director Carlberg stated Country Oaks West has one lot available and the City has less than 40 urban lots available. This area would be of interest to builders. Ms. Orland stated the overarching principle in the Comprehensive Plan is to maintain the rural character of the community. She asked how the proposed urban development was in line with this principle. Mayor Gamache stated the City has expanded the MUSA three times in 10 -years and this has taken away some of the rural character. When landowners want to develop their property and the availability of sewer is there they have the right to ask the City Council to change the Comprehensive Plan. The City Council needs to determine if this is a good place for this type of development or not. © Councilmember Bukkila clarified the proposed development is not high density. Ms. Orland asked if the overarching goal of the City was to develop as much as possible until it cannot develop any further. © Regular Andover City Council Meeting Minutes — October 15, 2013 Page 10 Councilmember Bukkila explained the Met Council recommends what the overall density of the City should be. The Met Council puts pressure on the City to meet this goal. Andover does not have transportation or a large commercial area. Because of this Andover is dependant on housing. In order to meet the density goal the City needs to balance the needs of the City with the residents desire to maintain the rural feel of the community. Ms. Orland asked if staging a parcel to a later year for development would be binding or if this would change. Community Development Director Carlberg stated if a parcel wanted to change its proposed development time frame they would have a process to follow. Ms. Erica Ripken, 16424 Wintergreen Street NW, stated she had gone door to door in her neighborhood and several of the residents had not received notification about the proposed changes and project. She asked why more people were not notified. Community Development Director Carlberg stated the City followed its guidelines on notification. The required distances for notification are determined by the City Code. There was also notification published in the paper 10 days before the hearing. He stated the City also notified surrounding communities and the school district about the proposed Comprehensive Plan amendment and they did not express any concerns or issues. Ms. Ripken stated there are 137 homes for sale in Andover that people could purchase. This is being rushed and there is not a lot of thought on this. She would like to see more impact studies done such as how these additional homes will impact the schools. Councilmember Bukkila explained the schools would adjust their boundaries based on the number of students they have. The school does an extensive population and demographic studies. Open enrollment is also based on availability. If there were more residents then the number of students who can open enroll would decrease. Mr. James Selmer, 17000 Ward Lake Road, Andover, stated several developers have approached him and he would not be opposed to a road going through his property. He stated with the density problem the City should consider extending the sewer line along the new road along Hanson Boulevard and have less houses bunched together. He stated eventually all this land will be developed and this is the future and the way things go. City Administrator Dickinson stated each development would need to go through the City's platting process, maybe a Planned Unit Development process and the number of units may change based on several variables that will be looked at during the review process. Mr. Jeff Sims, 16526 Sycamore Street, Andover, asked why the Council was rushing to make a decision tonight. He suggested the Council defer the topic until the full Council could be Regular Andover City Council Meeting Minutes — October 15, 2013 Page 11 available. The Planning Commission voted to deny the amendment but the Council is talking about over turning this decision. He asked what the Planning Commission's role is in the City. Mayor Gamache stated this was a possibility. The amendment would require a 4/5 vote. The developer and property owners are looking for direction from the Council before they can proceed. He explained the Planning Commission is an advisory commission and makes recommendations to the City Council. The City Council is an elected board and makes the final decisions for the City. The Council is not over turning the Planning Commission but rather discussing not following their recommendation for this particular amendment. The Planning Commission, Park Commission, and Open Space Commission are advisory commissions and they look at and evaluate projects and make recommendations to the Council. The City Council needs to decide if they will follow these recommendations or make a different decision based on the information presented and what is in the best interest of the City. Mayor Gamache closed the opportunity for residents to come forward at 9:17 p.m. Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to approve Resolution R094 -13, Amending the Comprehensive Land Use Plan of the City of Andover to change 6.39 acres of land from GC- General Commercial to URM -Urban Residential Medium Density for properties legally described on Exhibit A; change the density range in the Comprehensive Plan for URL -Urban Residential Low Density and URM -Urban Residential Medium Density as amended to URL -1.75 to 3.6 units per acre and URM -3.6 -6 units per acre and to reflect this change in all exhibits; include eighty -three acres into the Metropolitan Urban Service Area north of 161St Avenue NW and Evergreen Street NW (PIN'S 11- 32 -24 -43 -0001, 11- 32 -24 -41 -0002, and 11- 32- 24 -42- 0001); change the land use of eighty -three acres from RR -Rural Residential Density to URL -Urban Residential Low Density located north of 161St Avenue NW and Evergreen Street NW ( PIN's 11- 32 -24 -43 -0001, 11- 32 -24 -41 -0002, and 11- 32- 24 -42- 0001); change the staging for the northern forty acres to 2015 -2020 and the southern forty acres to 2010- 2015. Mayor Gamache stated Councilmember Trude had sent in a document that has been provided to all of the councilmembers and Mayor Gamache requested this document be included in the minutes, in its entirety. Councilmember Trude's comments: "Andover's elected officials have been able to get the Met Council to back off on pushing higher overall densities for our City by emphasizing that good regional planning involves more than a simple focus on sewer lines. Good planning must look at all the infrastructure a community requires to handle population growth. Andover relies on a system of County roads to get its commuter population to and from jobs each day and does not have mass transit. Andover's topography with many wetlands, floodplains lakes and streams also limits its ability to develop in an efficient grid pattern as older cities have developed. Protecting these vital resources helps charge the ground water that supplies the aquifers that serve a major part of the metro area. Public safety considerations, along with protection of these vital ® Regular Andover City Council Meeting Minutes — October 15, 2013 Page 12 water resources, limit developer's abilities to meet even minimum Met Council density requirements where sewer and water mains may be feasible, but not justifiable when engaging in comprehensive planning. More than a decade ago, the evaluation of areas that could be extended, as determined by the Met Council, (which has statutory review authority over our City's long term Comprehensive Plan), identified two regions for additional sewer development. The property owners in these areas worked with the City staff and the City Council to plan the limited areas that would be developed in an urban style. If there is to be any changes in those plans, it is clear now that this same process should be used — one that involves more than one new property owner and one that creates a master plan that looks at all aspects of a successful community plan. At this point it is premature for the City to request any changes to the City's Comprehensive Plan without participation of more property owners to determine whether the current master plan should be revised to create more compact and congruous neighborhoods of urban design, such as an cast/west development area aligning in close proximity to 161St Avenue with access to Hanson Boulevard, rather than a ladder style approach as proposed. There are property owners adjacent to the County road intersections that support sewered development and are allocated sewer units. The current proposal lacks essential street connections to the County roads to provide for the traffic loads and safety of those who live in the area. There is no expectation this design flaw will be remedied. In our desire to allow more families to enjoy living here, we shouldn't shortchange these new residents by ignoring our role as community planners and failing to take the time to plan safe, well - designed neighborhoods." The motion was called to a vote. Motion carried 4 -Ayes, 1- Absent (Trude). RECESS Mayor Gamache recessed the regular City Council meeting at 9:25 p.m. RECONVENE The City Council reconvened at 9:32 p.m. APPROVE REZONING R -1, SINGLE FAMILYR URAL TO R -4, SINGLE FAMILY URBAN - 15873 LINNET STREET NW — SCOTT ALLEN Community Development Director Carlberg reviewed the staff report with the Council. He clarified the acreage would need to be updated and update the adoption date in Item 3. Councilmember Bukkila asked if the easement for a potential road would remain. © Community Development Director Carlberg clarified there is nothing proposed at this time to remove the permanent easement for the extension of Linnet Street. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to adopt Ordinance No. Regular Andover City Council Meeting Minutes — October 15, 2013 Page 13 430 amending City Code Title 12 -3 -4, Zoning District Map of the City of Andover and allow staff to update the acreage in Item 1 and the adoption date in Item 3. Motion carried 4 -Ayes, 1- Absent (Trade). APPROVE LOT SPLIT —15873 LINNET STREET NW — SCOTT ALLEN Community Development Director Carlberg reviewed the staff report with the Council. Motion by Councilmember Knight, Seconded by Councilmember Howard, to approve Resolution R095 -13, approving a lot split request to subdivide into two parcels in the R -4 Single Family Urban District for the property located at 15873 Linnet Street NW, PIN 15- 32 -24 -43 -0115. Motion carried 4 -Ayes, 1- Absent ( Trude). APPROVE CITY CODE AMENDMENT — 12 -9, HOME OCCUPATIONS AND 13 -1 -3, FREQUENCY OF LOT SPLITS Community Development Director Carlberg reviewed the staff report with the Council. Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adopt Ordinance No. 431 amending the City Code to allow home occupations to be conducted by a non - property owner and to allow exceptions to the 3 -year waiting period for lot splits. Motion carried 4 -Ayes, l- Absent ( Trude). DISCUSS CATCHER'S CREEK PLA T A S REQ VESTED B Y MARK SMITH City Engineer Berkowitz stated Mr. Smith has requested to proceed with site grading for the development known as Catcher's Creek prior to completing the conditions approved in Resolution R067 -13. Staff recommends allowing Mr. Smith to proceed with clearing at this time with various stipulations for erosion control and the holding of a pre - construction meeting. Coon Creek Watershed supports moving forward with clearing and grubbing at this time. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the request of Mark Smith to proceed with clearing and grubbing only for the development known as Catcher's Creek prior to completing the conditions approved in Resolution R067 -13. Erosion control must be in place and a pre - construction meeting must be held before the clearing and grubbing. Motion carried 4 -Ayes, 1- Absent ( Trude). SCHEDULE NOVEMBER COUNCIL WORKSHOP Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. Regular Andover City Council Meeting Minutes — October 15, 2013 Page 14 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to schedule a Workshop Meeting on November 26, 2013, at 6:00 p.m. Motion carried 4 -Ayes, 1- Absent (Trude). SCHEDULE NOVEMBER EDA MEETING Mr. Dickinson requested the Council schedule an EDA Meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to schedule an EDA Meeting on November 19, 2013, at 6:00 p.m. Motion carried 4 -Ayes, 1- Absent (Trude). ADMINISTRATOR'S REPORT City Staff updated the Council on the administration and city department activities, updates on development/ClP projects, and meeting reminders /community events. City Administrator Dickinson reminded residents to be vigilant in locking their homes and vehicles. Councilmember Howard suggested residents also scramble the keyless entry access to their garages after each use. MAYOR/COUNCIL INPUT (County Highway 10 Reconstruction) Councilmember Bukkila requested staff contact the County regarding the project on Highway 10 and request better notification of ramp closures. There are only a couple of exits to Andover and if residents are not aware what exits are closed then they will not be able to take access the City adequately. (Trail Material) Mayor Gamache requested staff look into a potential trail material of rubber circles with rock overlay. RECESS Mayor Gamache recessed the regular City Council meeting at 10:03 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations. RECONVENE The City Council reconvened at 10:20 p.m. © Regular Andover City Council Meeting Minutes — October 15, 2013 Page 15 ADJOURNMENT Motion by Councilmember Howard, Seconded by Councilmember Knight, to adjourn. Motion carried 4 -Ayes, 1- Absent (Trude). The meeting adjourned at 10:21 p.m. Respectfully submitted, Tina Borg, Recording Secretary X H Regular Andover City Council Meeting Minutes — October 15, 2013 Page 16 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 1 S, 2013 TABLE OF CONTENTS ............................... 1 PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... MINUTES ............................... 1 APPROVALOF ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... Item 2 Approve Payment of Claims ......................................................... ............................... 2 Item 3 Accept Petition /Accept Feasibility Report/Waive Public Hearing/Order & Approve Assessment Roll /13- 37/2151 &2153 -140th Lane NW/WM (See Resolution R092 -13) ....... ............................... 2 ..................................................................................... Item 4 Approve Ditch 6 & Ditch 71 Study ............................................... ............................... 2 Item 5 Approve Encroachment Agreement —1851 Bunker Lake Boulevard NW — Wal -Mart2 Item 6 Approve Used Vehicle Sales Business License / Ryan's Auto Sales LLC / 3138 — 2 162nd Lane NW .................................................................................... ............................... Item 7 Approve Land Purchase Offer / PID #22- 32 -24 -42 -0001 ............. ............................... 2 2 Item 8 Approve Donation for 2014 Senior Class All Night Parties .......... ............................... ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 2 PUBLIC HEARING: 2014 -2018 CAPITAL IMPROVEMENT PLAN (See Resolution R093 -13) ............................... 2 ..................................................................................................................... CONSIDER COMPREHENSIVE PLAN AMENDMENT MUSA EXPANSION, LAND USE CHANGE AND DENSITY RANGE CHANGE (See Resolution R094- 13 ) ............................. 3 12 RECESS......................................................................................................... ............................... 12 RECONVENE............................................................................................... ............................... APPROVE REZONING R -1, SINGLE FAMILY RURAL TO R -4, SINGLE FAMILY URBAN —15873 LINNET STREET NW — SCOTT ALLEN (See Ordinance 430 ) .............................. 12 APPROVE LOT SPLIT —15873 LINNET STREET NW — SCOTT ALLEN (See Resolution 13 R095- 13) .................................................................................................... ............................... APPROVE CITY CODE AMENDMENT —12 -9, HOME OCCUPATIONS AND 13 -1 -3, FREQUENCY OF LOT SPLITS (See Ordinance 43 1) ............................. ............................... 13 DISCUSS CATCHER'S CREEK PLAT AS REQUESTED BY MARK SMITH ....................... 13 SCHEDULE NOVEMBER COUNCIL WORKSHOP ................................. ............................... 13 SCHEDULE NOVEMBER EDA MEETING ............................................... ............................... 14 ADMINISTRATOR'S REPORT ................................................................... ............................... 14 MAYOR/COUNCIL INPUT ......................................................................... ............................... 14 (County Highway 10 Reconstruction 14 (Trail Material) ......................................................................................... ............................... RECESS......................................................................................................... ............................... 14 14 RECONVENE............................................................................................... ............................... 15 ADJOURNMENT.......................................................................................... ...............................