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Home My WebLink AboutCC January 21, 2003 ~cuu CITY OF ANDOVER lMU:t:Ln ~ -1'6-03 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US Regular City Council Meeting - Tuesday, January 21, 2003 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval I. Approval of Minutes (1/6/03 Special; 117103 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Debt Service Payments - Finance 4. Approve ConsultantlFire Station Services Study - Fire 5. Order Plans & Specs/99-SAlWell #S/Pumping System - Engineering 6. Order Plans & Specs/02-43/Sunshine Park/Soccer Field Lighting - Engineering 7. Reduce Letter of CreditlDeveloper' s ImprovementsJNatures Run - Engineering S. Approve Quit Claim Deeds/99-141R0und Lake Blvd. Reconstruction - Engineering 9. Approve Resolution/Authorize Fire Marshal as a member of the Public Employees Police and Fire Plan- Administration 10. Acknowledge ResignationlFinance Department -Administration II. Approve Revised Feasibility Reportl00-42/Aztec Estates - Engineering Discnssion Items 12. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 13. Introduction of Anoka County Sheriff s Deputies-2003N erbal - Sheriff 14. Approve Designation of Rural Reserve Area - Planning 15. Consider Comprehensive Plan Amendment!MUSA boundary for Woodland Creek GolfVillas/3200 S. Coon Creek Dr. - Planning 16. Consider Special Use PermitIWoodland Creek GolfCourselLiquor License/3200 S. Coon Creek Dr.- Planning 17. Consider Lot SplitIW oodland Creek Golf Course/3200 S. Coon Creek Dr. - Planning IS. Consider Special Use PermitIPlanned Unit Development and Area Identification Sign/Woodland Creek GolfVilIas/3200 S. Coon Creek Dr. - Planning 19. Consider Preliminary PlatIWoodland Creek GolfVillas/3200 S. Coon Creek Dr. - Planning 20. Accept Petition/Order Feasibility Reportl03-2/Woodland Creek Golf Villas - Engineering 21. Consider Comprehensive Plan AmendmentlLand Use ChangelUrban Residential Low Density (URL) to Urban Residential Medium Density (URM) for City View Farml13311 Round Lake Blvd. - Planning 22. Consider Rezoning/Change from R-4 to M-I for City View FarmlI33 I I Round Lake Blvd. - Planning 23. Consider Special Use PermitIPlanned Unit Review for City View FarmlI33 I I Round Lake Blvd. - Planning 24. Consider Preliminary Plat/City View Farml13311 Round Lake Blvd. - Planning 25. Accept Petition/Order Feasibility Reportl03-5/City View Farm - Engineering Staff Item 26. Accept December Customer Service Report - Administration 27. Schedule EDA Meeting, Continued -Administration 2S. Consider 2003 DNR Grant Application Round - Engineering 29. Set Meeting Date with Anoka-Hennepin School District -Administration Mayor/Council Input Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 21,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .....................................................................................................1 RESIDENT FORUM..................................................................................................................1 APPROVAL OF MlNUTES.......................................................................................................2 CONSENT ITEMS Approve Payment of Claims .................................................................................................2 Approve Debt Service Payments ..........................................................................................2 Approve Consultant/Fire Station Services Study.................................................................2 Resolution R006-03 ordering Plans & Specs/99-8NWeII #8/Pumping System..................2 Resolution R007-03 ordering Plans & Specs/02-43/Sunshine Park/Soccer Field Lighting.2 Reduce Letter ofCredit/Deve!oper's ImprovementslNatures Run.......................................2 Resolution R008-03 approving Resolution! Authorize Fire Marshal as a member of 2 the Public Employees Police and Fire Plan .....................................................................2 Acknowledge Resignation/Finance Department...................................................................2 APPROVE REVISED FEASIBILITY REPORT/00-42/AZTEC ESTATES Motion to approve (Resolution R009-03) .............................................................................2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ................................................................................................................................3 INTRODUCTION OF ANOKA COUNTY SHERIFF'S DEPUTIES-2003NERBAL.............3 APPROVE DESIGNATION OF RURAL RESERVE AREA Motion to Approve ................................................................................................................3 CONSIDER COMPREHENSIVE PLAN AMENDMENTIMUSA BOUNDARY FOR WOODLAND CREEK GOLF VILLAS/3200 S. COON CREEK DRIVE Motion to approve Resolution ROID-03 ................................................................................6 CONSIDER SPECIAL USE PERMITIWOODLAND CREEK GOLF COURSE/LIQUOR LlCENSE/3200 S. COON CREEK DRIVE Motion to approve Resolution ROII-03 ................................................................................7 CONSIDER LOT SPLIT/WOODLAND CREEK GOLF COURSE/3200 S. COON CREEK DRIVE Motion to approve Resolution R012-03................................................................................7 CONSIDER SPECIAL USE PERMIT/PLANNED UNIT DEVELOPMENT AND AREA IDENTIFICATION SIGN/WOODLAND CREEK GOLF VlLLAS/3200 S. COON CREEK DRIVE Motion to approve Resolution R013-03 ................................................................................8 CONSIDER PRELIMINARY PLAT/WOODLAND CREEK GOLF VILLAS/3200 S. COON CREEK DRIVE Motion to approve Resolution ROI4-03 ................................................................................8 ACCEPT PETITION/ORDER FEASIBILITY REPORT/03-2/WOODLAND CREEK GOLF VILLAS Motion to approve Resolution R01S-03................................................................................9 Regular Andover City Council Meeting Minutes - xx. 2003 Table of Contents Page ii CONSIDER COMPREHENSIVE PLAN AMENDMENTILAND USE CHANGElURBAN RESIDENTIAL LOW DENSITY (URL) TO URBAN RESIDENTIAL MEDIUM DENSITY (URM) FOR CITY VIEW F ARM!13311 ROUND LAKD BOULEVARD Motion to approve Resolution R016-03 ................................................................................9 CONSIDER REZONING/CHANGE FROM R-4 TO M-l FOR CITY VIEW FARM! 13311 ROUND LAKE BOULEVARD Motion to approve Ordinance No. 8ZZZZZZ....................................................................10 CONSIDER SPECIAL USE PERMIT/PLANNED UNIT REVIEW FOR CITY VIEW F ARM/13311 ROUND LAKE BOULEVARD Motion to approve Resolution R017-03 ................................................................................10 CONSIDER PRELlMlNARY PLAT/CITY VIEW FARM/13311 ROUND LAKE BLVD Motion to approve Resolution R018-03 ................................................................................11 ACCEPT PETITION/ORDER FEASmILITY REPORT/03-5/CITY VIEW FARM Motion to approve Resolution R019-03 ................................................................................11 ACCEPT DECEMBER CUSTOMER SERVICE REPORT Motion to accept ....................................................................................................................12 SCHEDULE EDA MEETING, CONTINUED ..........................................................................12 CONSIDER 2003 DNR GRANT APPLICATION ROUND .....................................................12 SET MEETING DATE WITH ANOKA-HENNEPlN SCHOOL DISTRICT ...........................12 COUNCILMEMBER KNIGHT'S APPLICATION TO THE METROPOLITAN COUNCIL. 13 MA YORlCOUNCIL INPUT AMM Appointment ...............................................................................................................13 Andover Elementary School Read Across Andover..............................................................13 Watershed Board Appointments ............................................................................................13 Community Center Meeting .................................................................. ........................ ........13 ADJOURNMENT ......................................................................................................................14 - --- CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 21, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 21,2003,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Julie Trude Councilmember absent: Ken Orttel Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Deve!opment Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Rjchard Snvder - 16445 NW Valley Drive expressed concern regarding the new blind driveway put in on Valley Drive that is located on a curve. He stated this is a safety hazard and asked if the City could look into this. Mayor Gamache stated he would have staff look into this and get information to the Council for the next meeting. AGENDA APPRO V AL Add Item 14-Additionallnformation, (Approve Designation of Rural Reserve Area); Add Item 30 to Mayor/Council Input (Application for Councilmember Knight to the Metropolitan Council). Remove from Consent Items for discussion Items II, (Approve Revised Feasibility ReportlOO- 42/Aztec Estates). Motioll by Jacobson, Seconded by Trude, to approve the Agenda as amended. Motion carried unanimously. Regular Andover City Council Meeting Minutes-January2I,2003 Page 2 APPROVAL OF MINUTES January 6, 2003, Special Meeting: Correct as written. January 7, 2003, Regular Meeting: Correct as amended. Councilmember Trude stated on page 6 of the January 7, 2003, Regular Meeting, there is an inaccurate statement in the motion. She stated there is a motion by Councilmember Ortte! with a second by Councilmember Trude to approve Table 10, Area 1 of the report as recommended by the Park and Recreation Commission and it should be "...with the Residential Cemmereiw Park dedication fees to be $2,155.00 as directed by the City Council and Commercial Dark dedication fees to remain at 10 Dercent ofland value." Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Debt Service Payments Item 4 Approve Consultant/Fire Station Services Study Item 5 Order Plans & Specs/99-SAlWell #S/Pumping System (Resolution R006-03) Item 6 Order Plans & Specs/02-43/Sunshine Park/Soccer Field Lighting (Resolution R007-03) Item 7 Reduce Letter ofCreditlDeveloper's Irnprovements/Natures Run Item 8 Approve Quit Claim Deeds/99-14/Round Lake Blvd. Reconstruction Item 9 Approve Resolution/Authorize Fire Marshal as a Member of the Public Employees Police and Fire Plan (Resolution ROO8-OJ) Item 10 Acknowledge ResignationlFinance Department Motioll by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE REVISED FEASIBILITY REPORT/OO-4J/AZTEC ESTATES Mayor Gamache stated there is a typo under the discussion item in the staff report. He stated the year should be 2003, not 2002. Motioll by Jacobson, Seconded by Trude, to approve Item II (Approve Revised Feasibility ReportlOO-42/Aztec Estates - Resolution R009-03) as amended. Motion carried unanimously. . - Regular Andover City Council Meeting Minutes - January 21, 2003 Page 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Commander Dave King, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. INTRODUCTION OF ANOKA COUNTY SHERIFF'S DEPUTIES - 2003/VERBAL Anoka County Sheriff Andersohn presented to the City Council the staff that will be working the City of Andover contract. Sheriff Andersohn thanked the City for the opportunity to serve them. Councilmember Jacobson stated that when they look at the staff they have at the Sheriffs' Department and what it costs per year for everything compared to other cities, they are considerably under what other cities spend and the service is good if not better than what the other Cities get out of their police forces. Sheriff Andersohn introduced Lieutenant Dave Jenkins who will temporarily be taking command of the patrol division because Commander Dave King has been appointed as Undersheriff and will serve in one of two Undersheriff's positions at the main office so he will no longer be responsible for Andover's patrol services. Mayor Gamache congratulated Commander King on his promotion and stated they appreciate the work that the Sheriff's Department has done. APPROVE DESIGNATION OF RURAL RESERVE AREA Community Development Director Neumeister explained there were neighborhood open house meetings that were held during various times. At those meetings, City staff presented information to the interested property owners regarding the differences between the various alternatives. During those meetings, staff was interested in obtaining comments and/or feedback from affected property owners. Mr. Neumeister summarized the information obtained at the open houses. He showed a diagram of Alternative area I. Councilmember Trude stated that when they signed the agreement with the Met Council, there was not any reference that all the Jand must be buildable and that is the reason they picked those areas. She thought they were going beyond what they negotiated. Mr. Neumeister stated the intent behind this was they would try to achieve one thousand buildable acres because what the Met Council was looking for was a net acreage to meet the projections to develop an additional base for a population that is coming. Regular Andover City Council Meeting Minutes - January 21, 2003 Page 4 Councilmember Jacobson stated in reading the letters from residents, there was a misunderstanding about being included in the Rural Reserve area. Mr. Neumeister stated if their property is in the Rural Reserve area at some point in the future, there could be a City Council or property owners who would begin the process of bringing the sewer line into the area. Councilmember Jacobson stated until then, they would not be allowed to subdivide the property and sell it off. He stated the sewer is not coming in the next year; it is in the 2020 plan. Mr. Neumeister stated they could see property owners coming sooner to try to expand the sewer line. Mr. Richard Pearson, 2863 South Coon Creek Drive, stated surprisingly there are people on South Coon Creek Drive indicating they do not want this. He stated east of them on South Coon Creek Drive, there are larger parce!s and if they are going to be hooked up, it would make sense to install sewer on their portion rather than run it up into another area that would be a future one thousand acre approval. He stated it does not make sense that if they are going to run all the way down to Bunker Lake Boulevard that they do not service that portion of South Coon Creek Drive and make available to the rest of it and keep the development consistent in moving up in that same area so he would strongly support the recommendation of staff. Mr. Neumeister showed a map of the areas in Agricultural Preserve currently in the City and discussed the information with the Council. Discussion ensued regarding the expansion of the sewer line. Ms. Kay Aasness, 16425 Hanson, asked ifher property would be affected. Mayor Gamache stated if the area was included, it would restrict the ability to split the property but they would not be forced to get the sewer. Mr. Tyler Woosley, representative of Prairie Oak Community Church, stated Constance Free Church has sent a letter requesting sewer and water service and he stated they are in the same position and would request sewer to their land also. Mr. Jim Knoll, 14817 Round Lake Boulevard, explained his opinion on Rural Reserve and stated their hope was to build a retirement home on the property and split off the two and a half acre parcel but under the regulations that the Rural Reserve entails, they would not be able to get a two and a half acre split. They have consistently asked not to be included. He stated in talking for Knoll Farms, they have been continuously told the paper work states 2020 but the minute this is put into Rural Reserve, they could have sewer put in within two years. City Attorney Hawkins stated the statement by Mr. Neumeister has always included the language in it that it can only be done upon agreement with the Met Council and the only way this could occur would be if the Met Council allows the City to back out of the contract. Mayor Gamache stated it has to be a four/fifths vote and then it goes to the Met Council for approval and it would be misleading to say it cannot happen. Mr. Knoll stated he is against this. Further discussion ensued regarding the agreement with the Met Council and what was expectcd of the City. - -. Regular Andover City Council Meeting Minutes - January 21, 2003 Page 5 Mr. Horst Graser, Brooklyn Park, stated he is representing the Boyum family and was asked by the Boyum family to reiterate the interest of their land that they own in area lA. He stated they sent a letter to Mr. Neumeister stating the Boyum family decided it would be in the best interest to sell their land and they would like to work with the City at a future date when the specific area is put on paper. Councilmember Trude asked if they are interested in being in the elliptical circle. Mr. Graser stated they would like to be included. Discussion resumed between the Council regarding the sewer lines and the capacity they can handle along with the placements. Councilmember Trude asked the City Attorney to look into their contract again because she believes they are doing more than they need to. Ms. Mary Jo Davich, 2780 South Coon Creek Drive, discussed her concerns regarding the safety on a road north of the high school. Mr. Ken SIyzuk, 15211 Nightingale Street, stated they are hearing different things than what they heard at the public meetings. They were told that once the sewer becomes available, they can request it. He stated if they are taking his land out of production for seventeen years, he expects compensation fornot being able to do anything with his land. Mayor Gamache stated if they did not do this and they had land, the sewer capacity will only take in a certain amount and what they are intending to do is bring the sewer up from Coon Rapids. Councilmember Trude stated she would like something in writing regarding this and possibly have a representative from the Met Council at a meeting to answer questions. Motion by Jacobson, Seconded by Trude, to table the decision until the last Council meeting in April 2003 and prior to this meeting have a representative from the Met Council come and explain what is allowed and what is restricted. Mr. Byron Westlund stated he has a transaction with the Slyzuk family for the five acre lot split and he would like this split to occur. Mr. Erar stated they have indicated at the stafflevel to both the property owner and developer that lot split restrictions are in place in the Resolution. He believed the resident and developer were under the understanding before the Resolution was adopted that this would be an administrative lot split so they may have a unique situation. He stated that if the land area is part of the Rural Reserve when it is adopted, they still would have the restriction in place. This would not put them in any better place in the future unless the particular parcel was taken out of the Rural Reserve area. Councilmember Trude stated she thought this was another issue that should be brought up with the Met Council. Motion carried unanimously. Council recessed at 9: 15 p.m. - --. Regular Andover City Council Meeting Minutes-January 21, 2003 Page 6 Council reconvened at 9:20 p.m. CONSIDER COMPREHENSIVE PLAN AMENDMENT/MUSA BOUNDARY FOR WOODLAND CREEK GOLF VILLAS/3200 S. COON CREEK DRIVE Mr. Neumeister stated the applicant is requesting that the Woodland Creek Golf Course be brought into the MUSA to allow the proposed Woodland Creek Golf Villas project to be constructed. The clubhouse facility would also connect to municipal sewer and water when it becomes available. The remainder of the golf course beyond the proposed development site and the clubhouse area lies within a flood plain and is not buildable. Councilmember Jacobson stated he likes the project and he wants to make sure they are doing it right. He had some concerns that he discussed with the Council and staff. Discussion was brought up regarding the legal description of Outlot A and what should be included in the Resolution. Mr. Neumeister showed a map of the golf course showing Outlot A with Tract A and Tract B. City Attorney Hawkins stated they could designate in the Resolution a map showing where the area is. Mr. Vanelli stated this will be an Association and they do not want the golf course included in the Association lots. He also stated that they are talking about an easement across the golf course for the trunk line and he would like to find out what the timing would be for this and the restoration of the golf course. Motion by Knight, Seconded by Trude, to approve Item No. 15 (Consider Comprehensive Plan AmendmentlMUSA Boundary for Woodland Creek Golf Villas/3200 S. Coon Creek Drive - Resolution ROIO-03), changing the heading of the Resolution and changing Item 1 in the Resolution to reflect the acreage to include the clubhouse and parking area as Tract A. Motion carried unanimously. CONSIDER SPECIAL USE PERMIT/WOODLAND CREEK GOLF COURSElLIQUOR LlCENSE/3200 S. COON CREEK DRIVE Community Development Director Neumeister explained the applicant is seeking approval of a Special Use PeTI1lit for an on sale liquor license within the principal structure of the subject property. Mr. Neumeister noted that due to an error on staff's part, the Public Notice mailings did not include all of the properties within 350 feet of the golf course. Instead, notices were mailed to those properties within 350 feet of the proposed to\\11home development. Councilmember Jacobson stated in the Resolution, there is an issue with Outlot A and he would like this restricted to Tract A only. City Attorney Hawkins stated norn1aIly they are restricted to only the -.. .~ "- ~- 0--- . Regular Andover City Council Meeting Minutes-January 21, 2003 Page 7 restaurant and he would think they would need to include the entire golf course. Mr. Neumeister stated Outlot A describes the entire golf course. Motion by Knight, Seconded by Trude, to approve Item No. 16 (Consider Special Use Perrnit/W oodland Creek GolfCourselLiquor License/3200 S. Coon Creek Drive - Resolution RO 11- 03), to include the clubhouse as well as cart and vehicle sales in Outlot A. Motion carried 3 ayes, 1 nay (Jacobson). CONSIDER LOT SPLIT/WOODLAND CREEK GOLF COURSE/3200 S. COON CREEK DRIVE Community Development Director Neumeister explained Olvan Properties has requested a lot split to separate a development site for the Woodland Creek Golf Course Villas from the remainder of the Woodland Creek Golf Course. Councilmember Jacobson stated that within a plat, they can ask a deve!oper to grant easements but outside a plat the City cannot ask for these. He wanted to make sure an easement is freely given by the owners and that it is done in the right way. Mr. Vanelli stated they understand this but would need some input as to timing and they would need some rum commitments and that their concerns will be honored. City Engineer Berkowitz stated they try to make sure that the owners' needs are met during the construction. Mayor Gamache asked if the lines will be run right along the creek. Mr. Berkowitz stated the location has not been set but he assumed they would have a certain setback requirement from the creek and they would address that as they went through the design. Motion by Trude, Seconded by Knight, to approve Item No. 17 (Consider Lot Split/Woodland Creek GolfCourse/3200 S. Coon Creek Drive- Resolution RO I 2-03) with the changes discussed including accommodating the golf course when the trunk line goes through to the best of their ability and changing the second item in the Resolution to item five. Mr. Erar stated he would like to use some language stating they would accommodate the petitioner to the best of the City's ability. Mr. VaneIli stated their biggest concern is that would be taking one entire hole out of operation including the practice green and driving range which would be a financial burden on them. Mayor Gamache asked if they could wait until after October 31 to start the project, Mr. Berkowitz stated they could wait until then but digging through the frost would add to the cost and in terms of restoration they would not be able to accomplish this until the next spring. Motion carried unanimously. CONSIDER SPECIAL USE PERMIT/PLANNED UNIT DEVELOPMENT AND AREA IDENTIFICATION SIGN/WOODLAND CREEK GOLF VILLAS/3200 S. COON CREEK Regular Andover City Council Meeting Minutes - January 21, 2003 Page S DRIVE Community Development Director Neumeister explained a Special Use Permit request to develop a Planned Unit Development (POO) consisting of 11 detached townhouse units on approximately four acres of the Woodland Creek Golf Course. Approval of the Special Use Permit will allow the development to be constructed according to alternative development standards created specifically for this development. Mr. Neumeister discussed the staff report with the Council and stated the Planning Commission recommended approval of the proposed Special Use Pennit. He stated the Commission was divided on whether the units should be required to provide different exterior elevations. It was noted that the Council asked if there was anyone in opposition to this because the notices were not sent to all residents affected. No one spoke up. Motion by Trude, Seconded by Jacobson, to approve Item IS (Consider Special Use PermitIPlanned Unit Development and Area Identification SignlWoodland Creek GolfVillas/3200 S. Coon Creek Drive - Resolution ROI2-03) subject to the conditions in the Resolution. Motion carried unanimously. CONSIDER PRELIMINARY PIAT/WOODLAND CREEK GOLF VILLAS/3200 S. COON CREEK DRIVE Community Development Director Neumeister explained the City Council is asked to review a preliminary plat for Woodland Creek Golf Course Villas, an II lot urban subdivision. Councilmember Jacobson stated the location of the lift station by the playground area needs to be moved to the east and should be reflected in the plans. The Engineer of the project stated they were aware of this. Councilmember Jacobson stated there was a maintenance garage and shed which is marked to be moved, but they failed to show the removal of the concrete which needed to be reflected in the plans. Councilmember Jacobson stated the maintenance building is being relocated which is subject to another commercial site plan on the property and he wondered if there are going to be a lot of trucks and vehicles going along the trail between the houses. Mr. Olson stated this will be an accessible driveway for workers to the maintenance facility. He stated there would be no deliveries back there. Motion by Jacobson, Seconded by Knight, to approve Item 19 (Consider Preliminary PlatIWoodland Creek GolfVillas/3200 S. Coon Creek Drive - Resolution ROI4-03) subject to the conditions of the attached resolution. Motion carried unanimously. ACCEPT PETITION/ORDER FEASIBILITY REPORT/03-2/1VOODLAND CREEK GOLF - - ~ . Regular Andover City Council Meeting Minutes-January 21,2003 Page 9 VILLAS City Engineer Berkowitz stated the City has received a petition from the developer of Woodland Creek Golf Villas requesting the improvement of sanitary sewer, water main, streets and stonn sewer, Project 03-2. He stated the item is contingent upon approval of the preliminary plat by the City Council. Motion by Knight, Seconded by Trude, to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for Project 03-2, Woodland Creek Golf Villas. (Resolution ROI5-03) Councilmember Jacobson stated this is subject to the approval of the Met Council. Motion carried unanimously. CONSIDER COMPREHENSIVE PLAN AMENDMENTILAND USE CHANGE/URBAN RESIDENTIAL LOW DENSITY (URL) TO URBAN RESIDENTIAL MEDIUM DENSITY (URM) FOR CITY VIEW FARM/133Il ROUND LAKE BOULEVARD Motion by Knight, Seconded by Trude to approve Item No. 21 (Consider Comprehensive Plan AmendmentJLand Use ChangelUrban Residential Low Density (URL) to Urban Residential Medium Density (URM) for City View Fann/13311 Round Lake Boulevard - Resolution RO 16- 03), conditioned on adding Item 3 to the Resolution indicating that it is subject to the reversion back to the original designation if the property owner does not comply with the terms of the zoning contract. Motion carried unanimously. CONSIDER REZONING/CHANGE FROM R-4 TO M-l FOR CITY VIEW FARM/13311 ROUND LAKE BOULEVARD Motion by Jacobson, Seconded by Knight, to approve the Rezoning request based on the fact that times and conditions have changed and is subject to the approval by the Met Council ofthe Comprehensive Plan amendment. Motion carried unanimously. (Ordinance 8ZZZZZZ) CONSIDER SPECIAL USE PERMITIPLANNED UNIT REVIEW FOR CITY VIEW FARMl13311 ROUND LAKE BOULEVARD Community Development Director Neumeister explained the City Council is asked to review a Special Use Permit request for a Planned Unit Development (PUD) consisting of seven detached townhouse units on approximately 1.34 acres. Approval of the Special Use Pennit will allow the development to be constructed according to alternative development standards that are designed to maximize the redevelopment potential of the site. Regular Andover City Council Meeting Minutes - January 21, 2003 Page 10 Mr. Neumeister stated the Planning Commission recommended approval of the proposed Special Use Permit with a 4-1 vote. The Commission was divided on whether an outlot should be allowed to be created for the private driveway. Councilmember Jacobson stated he would like to add an item six to the Resolution, allowing a variance from Ordinance 205 to allow similar houses next to each other, which would allow for the variance to be consistent. Motion by Jacobson, Seconded by Trude, to approve Item No. 23 (Consider Special Use PermitIPlanned Unit Review for City View Farm/133 1 1 Round Lake Boulevard - Resolution ROI7-03) subject to the conditions in the resolution with the changes to item one that an outlot shall be permitted and the depth shall be one hundred thirty-nine feet and the addition of item six for a variance to Ordinance 205. Motion carried unanimously. CONSIDER PRELIMINARY PLAT/CITY VIEW FARM/13311 ROUND LAKE BOULEVARD Mr. Neumeister reviewed the staff report with the Council and explained the Park and Recreation Commission has requested that park dedication and trail fees be paid at the rate in effect at the time offmal plat approval and stated the Planning Commission recommended approval of the Preliminary Plat. The outlot issue will also affect the Preliminary Plat drawing. Councilmember Trude stated the concerns of the fire department will be covered in the Association's documentation. Mr. Neumeister stated it is also part of the Resolution in condition number five and will follow through in the covenants. Councilmember Jacobson asked on the lot closest to 133'd Lane, on the south end of the garage, part of the structure is designated as maintenance but what if the homeowner who buys the lot decides to use that part of the garage for their things, could they use that portion of the garage. City Attorney Hawkins stated there are probably provisions in the Association documents that would reserve the right of the Association to use that portion of the garage and they would make sure they are included in the covenants. Motioll by Jacobson, Seconded by Knight, to approve Item No. 24 (Consider Preliminary Plat/City View Farm/I 33 I I Round Lake Boulevard - Resolution ROI8-03) subject to the conditions of the resolution and referencing the discussions. Motion carried unanimously. ACCEPT PETITION/ORDER FEASIBILITY REPORT/03-05/CITY VIEW FARM Motioll by Knight, Seconded by Trude, to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for Project 03-5, City View Farm. Motion carried unanimously. (Resolution ROI9-03) -- . Regular Andover City Council Meeting Minutes-January 21, 2003 Page 11 Councilmember Jacobson stated he thought this was a good development and made good use of the property. ACCEPT DECEMBER CUSTOMER SERVICE REPORT Motion by Jacobson, Seconded by Knight to accept the December Customer Service Report. Motion carried unanimously. SCHEDULE EDA MEETING, CONTINUED Motion by Trude, Seconded by Jacobson, to schedule a special EDA meeting for Wednesday, February 12, 2003 at 7:00 p.m. Motion carried unanimously. CONSIDER 2003 DNR GRANT APPLICATION ROUND Motion by Knight, Seconded by Jacobson, to authorize staff to apply for the Outdoor Recreational Grant and Local Trail Connections Grant. Motion carried unanimously. SET MEETING DATE WITH ANOKA-HENNEPIN SCHOOL DISTRICT City Administrator Erar explained the City Council has discussed the desire to meet with the Anoka-Hennepin School Board to discuss items of mutual interest and concern. Councilmember Knight stated the Hockey Association would like to meet with the Council the first Monday in February so March would be a good date. Motion by Jacobson, Seconded by Trude, to schedule ajoint meeting with the Anoka-Hennepin School Board for Monday, March 3, 2003, 5:30 p.m. -7:00 p.m. Motion carried unanimously. Motion by Knight, Seconded by Trude to schedule a meeting with the Hockey Association for Monday, February 3, 2003 at 7:00 p.m. Motion carried unanimously. COUNCILMEMBER KNIGHT'S APPLICATION TO THE METROPOLITAN COUNCIL It was noted Council member Knight will be applying for a seat on the Metropolitan Council to represent District Nine. IIfotioll by Trude, Seconded by Jacobson, to support Councilmember Knight in his application - - . Regular Andover City Council Meeting Minutes-January 21, 2003 Page 12 and appointment to the Met Council to represent District Nine. Motion carried unanimously. AMYOR/COUNCIL INPUT (AMM Appointment) - Mayor Gamache thanked the Council for their support and stated that he was appointed to the Board of the AMM and will start serving on that in February. (Andover Elementary School Read Across Andover) - Mayor Gamache stated he received a letter from Andover Elementary School in regard to their Read Across Andover which will be held on February 28, 2003. They are looking for readers to read to the kids. (Watershed Board Appointments) - Councilmember Jacobson stated he received a letter from the County stating the appointments are up for the Coon Creek Watershed Board and he does not know what action they should take, but they should do it at the next Council meeting. (Community Center Meeting) - Councilmember Trude stated she attended a meeting that is a sub- committee of the Council which was deciding the fIrms that would be interviewed for the Community Center. She stated that after the votes were registered, the City Administrator solicited opinions in a round-robin. She stated that after statements were made by the non-voting members and Councilmember Knight, she began to make a comment to the Committee that she thought it would be important for them to look at the budgets that are being responded to in the proposals and she believed she was treated rudely by the City Administrator and fe!t that she needed to leave. She was interrupted and told she was being political in a situation where politics do not apply. CounciImember Trude stated she has not received an apology yet and believed that anyone that is trying to do' their job and interrupted from doing their job should be apologized to and since then the Mayor has advised her not to attend these meetings even though this is her prerogative to do so. Councilmember Trude summarized how she felt and what happened in the meeting and the days that followed. Councilmember Trude requested to include the Mayor's comments in the minutes. Mayor Gamache instructed staff to include the following comments. Councilmember Trude asked if the Mayor felt uncomfortable having the City Clerk at the table while reviewing the information. Mayor Gamache stated the on]y reason the City Clerk was there was to protect the Data Privacy Act because there was a resident there that was not an elected official that she brought along. Councilmember Trude stated she thought it was necessary that she did that. She stated that her integrity allows her to make those decisions. Mayor Gamache stated that if they wanted to talk about integrity, they sat dO\\l1 in a meeting and discussed this item that was coming up and they appointed Councílmember Knight to represent the Council. He stated all five Councilmembers decided that Councilmember Knight would represent them and no other Councilmember would be involved. -- Regular Andover City Council Meeting Minutes - January 21, 2003 Page 13 Discussion ensued regarding Councilmember Trudes' involvement in the meetings. Councilmember Trude discussed the information that was brought up at the meeting. Councilmember Jacobson stated they should go only with what the law allows them to do. He stated it is an open meeting that she should be able to attend and the chair of the meeting should designate who should talk. Mr. Erar stated at no time during the meeting was he discourteous to Councilmember Trude and she was making a number of statements to the committee regarding the political aspects of the decision that Council would ultimately be called upon to make and he indicated to Councilmember Trude, politely but finnIy, that the group was not a political body. It is a technical interview panel for reviewing the technical merits of the proposals and they are also evaluating the project budget that the firms have proposed. Mr. Erar submitted his viewpoint as to what went on in the meeting and afterwards. Councilmember Knight gave his viewpoint. Councilmember Trude continued stating what she said was a statement that was her opinion and everyone else had opinions but her's was the only opinion that was wrong. Mr. Erar stated courtesy and respect belonged to both sides of the aisle and he felt he demonstrated courtesy and respect towards CounciImember Trude. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 11:15 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary