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HomeMy WebLinkAboutCC - March 3, 2015C I T Y O F p NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, March 3, 2015 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/17/15 Regular; 2/17/15 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Plans & Specs /Order Advertisement for Bids /15 -14 /The Meadows of Round Lake Overlay — Engineering 4. Approve Final Plat — White Pine Wilderness Second Addition — White Pine Wilderness, LLC - Planning 5. Approve Purchase Agreement - Open Space Land Acquisition — DTI Enterprise, LLC - Planning Discussion Items © 6. Receive Presentation/Discuss /Approve a Resolution Conditionally Granting the Consent to the Transfer of Control of the Cable Television Grantee and Cable Television System from Comcast to Greatland Connections, Inc. — Administration 7. Public Hearing — Vacation of Easement — 3200 South Coon Creek Drive - Tract B, Registered Land Survey No. 262 —Planning 8. Discuss /Approve Conservation Easement /12- 23/Woodland Creek Wetland Bank— Engineering 9. Consider Planned Unit Development Amendment - Country Oaks West - Lamb Properties, LLC Continued— Planning Staff Items 10. Administrator's Report — Administration Mayor /Council Input Adjournment \J a L C I T Y 0 F a 9 A REGULAR ANDOVER CITY COUNCIL MEETING —MARCH 3, 201 S MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, March 3, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Director of Public Works /City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others 0 PLEDGE OFALLEGIANCE RESIDENT FORUM Mr. Don Legge, 14417 Vintage Street NW, Andover, provided the City Council with a petition regarding a future street reconstruction project for Andover Boundary Plat 1/143`d Avenue NW that may require this neighborhood to hook -up to the city water system. The neighborhood is in opposition to city water hookup. City Administrator Dickinson stated this petition will be placed in the project file. This project is scheduled for 2018 and the project would start with neighborhood notifications in 2017. This information would be taken into consideration during the Capital Improvement Planning process. Councilmember Knight asked if all the homes wells were in the same aquifer and what the depth of the aquifer was. Mr. Legge stated there were 15 wells at about 150 -feet and the remaining wells are about 250 -feet. AGENDA APPROVAL Motion by Councilmember Bukkila, Seconded by Knight, to approve the Agenda as presented Motion carried unanimously. lJ X Regular Andover City Council Meeting Minutes — March 3, 2015 Page 2 APPROVAL OF MINUTES February 17, 2015, Regular Meeting: Correct as amended. Mayor Trude requested a correction on page four, line 42, insert "Townhouse Association" prior to the word "PUD ". Councilmember Bukkila requested a correction on page six, line 41, change "commitment that" to "commitment then" and strike after the word "shown" and replace with "as a concept of what might be built'. Motion by Councilmember Bukkila, Seconded by Councilmember Goodrich, to approve the minutes as indicated above. Motion carried 4 -ayes, 1- present (Holthus). February 17, 2015, Closed Meeting: Correct as written. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the minutes as presented. Motion carried 4 -ayes, 1- present (Holthus). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Plans & Specs /Order Advertisement for Bids /15 -14 /The Meadows of Round Lake Overlay (See Resolution R017 -15) Item 4 Approve Final Plat — White Pine Wilderness Second Addition — White Pine Wilderness, LLC (See Resolution R018 -15) Item 5 Approve Purchase Agreement — Open Space Land Acquisition — DTI Enterprise, LLC Motion by Councilmember Goodrich, Seconded by Councilmember Knight, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE PRESENTATION/DISCUSS /APPROVE A RESOLTUION CONDITIONALLY GRANTING THE CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION GRANTEE AND CABLE TELEVISION SYSTEM FROM COMCAST TO GREATLAND CONNECTIONS, INC. Mr. Dickinson explained the current cable television franchise, Comcast, has requested transfer of ownership to GreatLand Connections, Inc. The Quad Cities Cable Communications Commission, of which the City of Andover is a member via a Joint Powers Agreement, has reviewed the legal, technical and financial qualifications of GreatLand Connections, LLC and recommends approval of the transfer of ownership. A franchise transfer to GreatLand requires the approval of all the member cities of the Quad Cities Cable Communications Commission. © Regular Andover City Council Meeting Minutes — March 3, 2015 Page 3 Mr. Dickinson introduced Quad Cities Cable Communications Commission's Executive Director Karen George who made a presentation to the City Council. Mayor Trude stated she is also on the QCTV Board and they did review the details of this agreement. It is not favorable to consumers of Comcast services but Andover is only a small player in the overall picture and the merger will move forward weather Andover approves or not. In order to make the best of the situation the Commission was able to extend the agreement that procures the funds that support the infrastructure that allows the City to broadcast its meetings and events important to the City. The Commission was advised that if they did not support the agreement the Commission would likely end up in a lawsuit and they would not have an agreement with favorable terms. Councilmember Knight asked if the City would see any changes in operation. Ms. George stated what they had reviewed as part of the paperwork filed by Comcast and GreatLand Connections was that GreatLand knows they need to rely on some of the agreements that are already in place so they have secured an agreement with Comcast to provide transition services for 18- months. They have also gotten an agreement for operational support from Charter Communications including technical service and customer service. There has been discussion about continuing to © employ the technical and Government Affairs staff. GreatLand will be providing similar product and service to consumers of cable television but it would be branded differently. The other services purchased through Comcast, such as internet, e -mail or telephone, will also be affected by this merger but it is not within the jurisdiction of the Quad Cities Cable Communications Commission to review those. The Minnesota PUC has been in review of the telephone services. There will also be a change in email addresses that have been branded through Comcast. Councilmember Holthus asked what would happen to GreatLand if the merger between Comcast and Time Warner does not go through. Ms. George stated the merger has several more approvals to go through so a merger is not 100% guaranteed to be approved but both parties are moving forward at the local and federal levels. The transfer of ownership is conditional on the Comcast/Time Warner merger being completed. If the merger does not occur then Comcast would remain the owner of the franchise and they would comply with the agreements and settlements agreed to. Mayor Trude stated as a board member of Quad Cities Cable Communications she felt comfortable approving this because there is a strong agreement for the Cable Commission and local viewers even if the merger does not occur. Councilmember Holthus asked if there is a deadline or timeline for the merger. Mayor Trude stated the City had a deadline to act on the transfer of ownership. If this is not voted on at this time then the City would need to negotiate an extension. © Regular Andover City Council Meeting Minutes — March 3, 2015 Page 4 Ms. George explained the timeline is moving due to the size of the transaction and everyone has been working to extend the deadlines. Currently the deadline is March 13, 2015 to act on this transfer of ownership. Motion by Councilmember Holthus, Seconded by Councilmember Knight, to approve resolution R019 -15, conditionally granting the consent to the transfer of control of the cable television grantee and cable television system from Comcast to GreatLand Connections, Inc. Councilmember Bukkila commented that there are times when the City or Councilmembers may not agree with what is being presented but these items do need a decision. The motion was called to a vote. Motion carried unanimously. PUBLIC HEARING — VACATION OF EASEMENT — 3200 SOUTH COON CREEKDRIVE — TRACT B, REGISTERED LAND SURVEYNO. 262 Community Development Director Carlberg explained the City Council is asked to hold a public hearing and consider the vacation of a portion of a drainage and utility easement located at 3200 © South Coon Creek Drive on Tract B, Registered Land Survey No. 262 as depicted on the attached easement vacation exhibit. Community Development Director Carlberg reviewed the staff report with the Council. Mayor Trade clarified there would be enough room to expand the sewer capacity for future development with the vacation of this easement and this would increase the amount of space available for the wetland mitigation project. Motion by Councilmember Bukkila, Seconded by Councilmember Holthus, to open the public hearing at 7:32 p.m. Motion carried unanimously. There was no public comment. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to close the public hearing at 7:33 p.m. Motion carried unanimously. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve resolution R020 -15, the proposed vacation of easement. Motion carried unanimously. DISCUSS /APPROVE CONSERVATIONEASEMENT /12- 231WOODLAAD CREEK WETLAND BANK City Engineer Berkowitz stated the City Council is requested to discuss /approve the Conservation Easement/12- 23/Woodland Creek Wetland Bank. © Regular Andover City Council Meeting Minutes — March 3, 2015 Page 5 City Engineer Berkowitz reviewed the staff report with the Council. Mayor Trade asked if residents in this area would have pink stakes in their yards with this project marking off the easement and the nature trail. City Engineer Berkowitz stated this would be coming up this summer /fall. The City made a commitment to the residents that the trail would be located 30 -feet from the property line and markers will be placed so residents know where the property lines are located. Councilmember Bukkila stated there had been discussion about a potential trail along the west side in order for residents on this side to access the area. She asked if the City was able to do this and if so what type of trail it would be. City Engineer Berkowitz stated the City currently has a storm sewer pipe that runs down this location. There are no plans for a trail in this location at this time. Extensive construction including a retaining wall would be required in order to put a trail in this location. He explained where the main access and parking would be located. © City Administrator Dickinson stated there may be some funds available from this project that could be used for either maintenance or an access. Mayor Trade stated the wetland credits would be available for State, County or local projects and this would help to facilitate transportation. Councilmember Holthus asked if there would be an additional dredging or wetland creation and what was in store for the ponds that currently exist on this property. City Engineer Berkowitz explained in order to make the project work with the area and the vegetation the existing ponds will be made shallower. There is no final design available at this time. Councilmember Goodrich asked how many acres are included in this project. City Engineer Berkowitz stated the conservation easement is 64.34 acres and the total is 68 acres. He clarified the roadway bank is for County and State highway projects not City projects. It will not be available for local projects. Some of the area that is being taken out of the wetland restoration area is the trail but the Board of Water and Soil Resources (BWSR) agreed to still pay the City for this portion of the property and make it an amenity to the surrounding area. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the conservation easement for the Woodland Creek Wetland Bank project. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — March 3, 2015 Page 6 CONSIDER PLANNED UNITDEVELOPMENTAMENDMENT— COUNTRY OAKS WEST — LAMB PROPERTIES, LLC. Mr. Carlberg explained the City Council is asked to review the revised Planned Unit Development (PUD) Standards for Country Oaks West, Block 1, Lots 12 -23 as requested by Lamb Properties, LLC. Mr. Carlberg reviewed the staff report with the Council. Mayor Trude stated Item 1 and Item 4 in the resolution are inconsistent and she would like to have the City Attorney find language that would be more restrained for Item 1 so that Exhibit A does not override all of the City's codes but rather limited to the setbacks. Community Development Director Carlberg clarified Exhibit A was specific to the setback deviations that the City Council would be approving with this project and Item 4 is a standard condition for Planned Unit Developments. Mayor Trude clarified that the City requires two (2) trees to be planted in the front yard not the © boulevard. She requested this change be made in the resolution. Community Development Director Carlberg stated the date in Item 2 should be changed to March 3, 2015. Mr. Jondahl, representing LAMB Properties reviewed the three (3) home plans proposed. He explained the sewer line was deep enough to allow for basements for storage in these homes. Councilmember Bukkila stated the plans presented do not provide the data on the size of the homes or the square footage. There had been concerns about the lot width and these homes fitting on the lots. Community Development Director Carlberg stated all the floor plans meet the City's requirements for minimum square footage for the garage and living space and they fit within the 40 -foot development window. He displayed the drawings for the proposed homes. Mayor Trude stated there had been concerns that the space between the garages would only be 5- feet to the property line or 10 -feet between garages. Community Development Director Carlberg stated there will be 5 -feet to the property line and this would allow a swale that would act as drainage for the property. Councilmember Bukkila stated another issue had been the placement of the rear patios /decks would only be 10 -feet apart. These are not included in the current drawings. She asked where these would be placed. Regular Andover City Council Meeting Minutes — March 3, 2015 Page 7 Community Development Director Carlberg explained where the decks would be located and if they stayed along the line of the building they may be 10 -feet apart or 5 -feet from a side yard. The City's standard setback on a garage is 6 -feet and 10 -feet for a residential side so you could have a deck in a residential area 16 -feet apart. Mayor Trade stated some people put up a 6 -foot screen and she had planted arborvitae to create a screen from her neighbor's decks. Councilmember Bukkila stated she would like to have it specified in the PUD that if these decks are this close there should be screening or landscaping done. Community Development Director Carlberg stated this would be a unique requirement because the City has not required deck screening with other projects. Mayor Trade stated the City has done this with the Bruggeman project but she would not favor this for this project because the homeowners may choose something different than what they would set as a requirement. © Mr. Jondahl stated the homes are all shown with the garages to the right and as long as they remain this way then the decks would all be separated. Councilmember Bukkila stated this would satisfy her concern. Councilmember Holthus asked if there would be enough space in the garage for residents to put their garbage cans by the garage door. Mr. Jondahl explained there would be adequate space for the garbage cans to be inside the garages. Commissioner Trade asked Mr. Jondahl if the intent is to continue the association that is currently in place. Mr. Jondahl stated the intent is to continue with the current association. Councilmember Bukkila asked if the City had allowed a 5 -foot setback and if allowing the 5 -foot side yard setback would set a precedent for future developments. Community Development Director Carlberg stated the City had approved Parkside Third Addition with 60 -foot lots with 5 -foot side yards and 50 -foot development windows. These are smaller lots but this is what has already been platted in for these lots. The 5 -foot side yard setback for the detached single - family townhome already exists in the City. None of these developments were looked at for screening along the decks. Regular Andover City Council Meeting Minutes — March 3, 2015 Page 8 Mayor Trade stated Mr. Jondahl is trying to make something positive happen with the previously failed projects and make efficient use of the utilities that already exist and create a product that people in Andover would want to buy. The old style of townhomes with the party wall do not sell in Andover and she understands this because people may not want to live next to people who smoke and risk setting fire to their home or they may have young children living next door and they work the night shift. The proposed detached townhomes are what is selling in the community and the developer is trying to work within what has already been established by past project attempts. Councilmember Bukkila stated this is what the City is asked to approve then they should be provided with the actual drawings and specs to review. It is not due diligence to come before the Council and ask for approval based on the comfort level of the Council. If the City were able to redo this area she would not approve the 5 -foot setbacks but given this is what the property was platted for then she would accept them. City Attorney Baumgartner suggested the second sentence of Item 1 of the resolution read "Exhibit A shall regulate when in direct conflict with City Code Titles 11, 12, and 13." He recommended changing the date in Exhibit A to March 3, 2015. QCommunity Development Director Carlberg stated the date should be changed to March 3, 2015 for Item 2. Mayor Trade stated the tree location should be changed from boulevard to front yard. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the requested PUD Amendment and amended which includes Exhibit B depicting housing styles /model plans that meet City Code size requirements. Motion carried unanimously. (See Resolution R021 -15) ADMINISTRATOR'S REPORT City staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders /community events. Community Development Director Carlberg stated TE Connectivity would be receiving the Progress Minnesota award from Finance and Commerce. MAYORICOUNCIL INPUT (Mayor's Prayer Breakfast) Mayor Trade stated March 13th is the Mayor's Prayer Breakfast at Greenhaven Golf Course. (Bunker Lake Blvd. Environmental Impact Statement) Mayor Trade stated she had attended Regular Andover City Council Meeting Minutes — March 3, 2015 Page 9 the Bunker Lake Boulevard Environmental Impact Statement meeting and there had been questions raised about the sound wall. The neighborhood between Wintergreen Street and the railroad tracks would not meet the requirements for a sound wall. The residents are interested in the variance process for fences and may work together to put up a barrier in this location. (Community Center Tour) Mayor Trude stated the City Council had taken a tour of the Andover Community Center on February 24`h. (Open Space) Mayor Trude stated the Open Space purchases are near completion and the City would have a map available at the next meeting. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Goodrich, to adjourn. Motion carried unanimously. The meeting adjourned at 8:18 p.m. Respectfully submitted, 0 Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes — March 3, 2015 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MARCH 3, 2015 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Plans & Specs /Order Advertisement for Bids /15 -14 /The Meadows of Round LakeOverlay (R017 -15) ...................................................................... ............................... 2 Item 4 Approve Final Plat — White Pine Wilderness Second Addition — White Pine Wilderness, LLC (R018 -15) ................................................................ ............................... 2 Item 5 Approve Purchase Agreement — Open Space Land Acquisition — DTI Enterprise, LLC .................................:.................................................................... .............................. 2 RECEIVE PRESENTATION/DISCUSS /APPROVE A RESOLTUION CONDITIONALLY GRANTING THE CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION GRANTEE AND CABLE TELEVISION SYSTEM FROM COMCAST TO GREATLAND CONNECTIONS, INC ( R019- 15) ..................................... ............................... 2 PUBLIC HEARING — VACATION OF EASEMENT — 3200 SOUTH COON CREEK DRIVE — TRACT B, REGISTERED LAND SURVEY NO. 262 (R020 -15) ............ ............................... 4 DISCUSS /APPROVE CONSERVATION EASEMENT /12- 23/WOODLAND CREEK WETLANDBANK ..................................................................................... ............................... 4 CONSIDER PLANNED UNIT DEVELOPMENT AMENDMENT — COUNTRY OAKS WEST — LAMB PROPERTIES, LLC ( R021- 15) ................................................... ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 (Mayor's Prayer Breakfast) .......................................................................... ............................... 8 (Bunker Lake Blvd. Environmental Impact Statement) ............................... ............................... 8 (Community Center Tour) ........................................................................... ............................... 9 (Open Space) ................................................................................................ ............................... 9 ADJOURNMENT............................................................................................ ............................... 8