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HomeMy WebLinkAboutCC November 4, 2003 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, November 4, 2003 Call to Order- 8:01 p.m. Pledge of Allegiance Resident Forum a. Resident Sanitary Sewer Service Issue at 14429 Osage Street NW - Engineering Agenda Approval I. Approval of Minutes (10/21/03 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Release ofLetler of Credit/Special Assessments/98-36/Chesterton Commons North - Finance 4, Approve Reduction of Letter ofCreditlSpecial Assessments/00-39/Chesterton Commons North 2'd Addition - Finance 4a. Approve Reduction of Letter ofCreditlSpecial Assessments/02-49/Woodland Estates 4th Addition- Finance 5. Accept Feasibility ReportlWaive Public Hearing/02-42/1508 - 148th Lane NW/SS -Engineering 6. Reduce Letter of CreditlDeveloper' s Improvements/Woodland Creek Golf Villas - Engineering 7. Acknowledge Resignation of Building Department Employee -Administration Discussion Items 8. Public HearinglDelinquent Utility and Mowing Charges - Finance 9. Andover Girl Scouts-Gold A ward Project Request - Administration 10, Consider Sideyard Setback Variance/3479 South Coon Creek Dr.- Planning II. Consider Preliminary Plat! Andover Marketplace East/Bunker and Martin St. - Planning 12. Consider Compo Plan AmendmentlExtend MUSA Boundary/W oodland 6th Add. - Planning 13. Consider Residential Sketch PlanIWoodland 6th Add./Woodland Dev. - Planning 14. Consider Amendment to Sewer Staging Plan/Fire Station #3, Smith & Miller Properties - Planning 15. Consider Rezoning/General Business (GB) to Multiple Dwelling (M-2)/Bruggeman Homes - Planning 16. Consider Preliminary Plat/Villas at Andover Station/Bruggeman Homes - Planning 17. Consider Conditional Use Permit/P.U.D.Nillas at Andover Station/Bruggeman Homes - Planning 18. Approve 2004 Tobacco Fee Increase/City Code Chapter 1-7-3 - Clerk 19. Authorize Sale of Excess Property/Fire Department - Fire Executive Session - Legal Opinion-Sunridge Townhomes Staff Items 20. Approve Release of Letter ofCreditlSpecial Assessments/99-36/Sunridge, Continued - Finance 21. Schedule Special EDA Meeting - Administration 22. Schedule Special Council Workshop - Meth Lab Ordinance - Administration 23. Schedule Special Council Workshop - Commission Vacancy Interviews - Engineering/Planning Mayor/Council Input 24. Council Update (Property at 1049 Andover Boulevard NW) - Planning Adjournment CV,~L II-t ':;'-() 3 Regular Andover City Council Meeting Minutes - November 4, 2003 Page 19 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 4, 2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE.............,....................................................................................... 1 RESIDENT FORUM ...,................,..................."....................................................................... 1 Resident Sanitary Sewer Service Issue at 14429 Osage Street NW ..................................... I Boy Scout Troop #609 .......................................................................................................... 1 AGENDA APPROV AL.........................................................,...................................................2 APPROVAL OF MINUTES......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ........ ........................................................... ............................. 2 Approve Release Letter of Credit/Special Assessments!98-36/Chesterton Commons North ............................................................................................................................... 2 Approve Reduction of Letter ofCredit/SpeciaI Assessments!00-39/Chesterton Commons North 2nd Addition ..............................................................................................,........... 2 Approve Reduction of Letter of Credit/Special Assessmentsl02-49/W oodland Estates 4th Addition ...............................................................................................,......... 2 Resolution R191-03 accepting Feasibility Report/Waive Public Hearing/02-42/1508 _148th Lane NW /SS ................................................................................................................... 2 Acknowledge Resignation of Building Department Employee ........................................... 2 Approve 2004 Tobacco Fee Increase/City Code Chapter 1-7-3 .......................................... 2 Authorize Sale of Excess Property/Fire Department ........................................................... 2 REDUCE LETTER OF CREDITIDEVELOPER'S IMPROVEMENTS/wOODLAND CREEK GOLF VILLAS Motion to approve................................................................................................................. 3 PUBLIC HEARING/DELINQUENT UTILITY AND MOWING CHARGES Motion to Open Public ..Hearing.......................................................................................... 3 Motion to Close Public Hearing ........................................................................................... 4 Motion to Approve Resolution R192-03 .............................................................................. 4 ANDOVER GIRL SCOUTS - GOLD AWARD PROJECT REQUEST Motion to Support ................................................................................................................. 4 CONSIDER SIDEY ARD SETBACK V ARIANCE/3479 SOUTH COON CREEK DRIVE Motion to approve Resolution R193-03 ...............................................................................5 Motion to prepare Resolution for Blanket Variance............................................................. 5 CONSIDER PRELIMINARY PLAT/ANDOVER MARKETPLACE EAST/BUNKER AND MARTIN STREET Motion to approve Resolution R194-03 ...............................................................................6 CONSIDER AMENDMENT TO SEWER STAGING PLAN/FIRE STATION #3, SMITH AND MILLER PROPERTIES Motion to Refer for Public Hearing ..................................................................................... 7 CONSIDER REZONING/GENERAL BUSINESS (GB) TO MULTIPLE DWELLING (M-2) /BRUGGEMAN HOMES Motion to approve Ordinance 277 ........................................................................................ 8 CONSIDER PRELIMINARY PLATNILLAS AT ANDOVER STATION/BRUGGEMAN Regular Andover City Council Meeting Minutes - November 4, 2003 Page 20 Regular Andover City Council Meeting Minutes - November 4, 2003 Table of Contents Page ii HOMES Motion to approve Resolution R195-03 ............................................................................... 8 CONSIDER CONDITIONAL USE PERMIT/P.U.D.NILLAS AT ANDOVER STATION/ BRUGGEMAN HOMES Motion to approve Resolution R196-03 ............................................................................... 9 CONSIDER COMPREHENSIVE PLAN AMENDMENTÆXTEND MUSA BOUNDARY/ WOODLAND 6111 ADDITION Motion to table ..................................................................................................................... 10 CONSIDER RESIDENTIAL SKETCH PLAN/WOODLAND 6TIJ ADDITION/WOODLAND DEVELOPMENT Motion to table ...................................................................................................................... 15 SCHEDULE SPECIAL EDA MEETING.................................................................................. 16 SCHEDULE SPECIAL COUNCIL WORKSHOP-METH LAB ORDINANCE...................... 16 SCHEDULE SPECIAL COUNCIL WORKSHOP-COMMISSION VACANCY INTERVIEWS ...................................................................................................................... 16 APPROVE RELEASE OF LETTER OF CREDIT/SPECIAL ASSESSMENTS/99-36/ SUNRIDGE, CONTINUED ..................................................................................,.............. 17 MA YORlCOUNCIL INPUT Council Update (property at 1049 Andover Boulevard NW) ............................................... 17 Fire Department Annual Spaghetti Dinner ........................................................................... 18 Annual Meeting for AMM...........................,........................................................................18 Community Center Update ...............................................................................................".. 18 YMCA Part in the Community Center ................................................................................. 18 Sharing Space with the YMCA regarding the Cornmunity Center ....................................... 19 ADJOURNMENT......................................................,.............................,................................. 19 C J T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 4, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 4, 2003, 8:0 I p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Resident Sanitary Sewer Service Issue at 14429 Osa!!e Street NW - City Engineer Berkowitz explained staff met with Mr. Tim Walsh, the resident at 14429 Osage Street NW on Tuesday, October 29, 2003 to discuss the sewer break. The builder (Mr. Bob Day of Taylor Made Homes) was also invited and was unable to attend. Mr. Berkowitz explained the history of the issue with the Council. Mr. Berkowitz explained staffhas had several conversations with Mr. Day and briefly met regarding this issue. Mr. Day stated that his insurance will not cover this service repair. Staffis concerned that if this continues to leak, the roadway could settle causing damage to the street. If that were to occur, it would be costly to repair. Mr. Berkowitz stated staff researched a way to repair the service without removing the roadway. This information was discussed with Mr. Day. The approximate cost for the repair is $700 to $1,000. The builder felt that the cost was reasonable and would look at moving forward with the repair. If this service is not repaired by the November 18th Council meeting, this item will be brought back to the Council for further direction and possible legal action. Bov Scout TrooD #609 - Mayor Gamache noted Boy Scout Troop #609 was at the meeting to earn .. . Regular Andover City Council Meeting Minutes - November 4, 2003 Page 2 ßlè.S their merit badge and Mr. Charlie ß_ is the Troop Master. ~ IHg-03 AGENDA APPROVAL Add to Consent Items, Items 18, (Approve 2004 Tobacco Fee Increase/City Code Chapter 1-7-3) and Item 19 (Authorize Sale of Excess Property/Fire Department). Remove from Consent Items for discussion Item 6, (Reduce Letter ofCredit/Developer's Improvements/Woodland Creek). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES October 21,2003, Regular Meeting: Correct as amended. Councilmember Jacobson explained in the previous minutes on page 13, there was a motion that indicated the Council authorized staff to move forward with the project which they did not. He would like that to be stricken because they only authorized staff to schedule a neighborhood meeting. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Release Letter ofCredit/Special Assessments/98-36/Chesterton Commons North Item 4 Approve Reduction of Letter of Credit/Special Assessments!00-39/Chesterton Commons North 2nd Addition Item 4a A,rprove Reduction of Letter of Credit/Special Assessmentsl02-49/W oodland Estates 4 Addition Item 5 Accept Feasibility Report/Waive Public Hearing/02-42/1508 _148th Lane NW/SS (See Resolution RI91-03) Item 7 Acknowledge Resignation ofBuilding Department Employee (Catherine Okerstrom) Item 18 Approve 2004 Tobacco Fee Increase/City Code Chapter 1-7-3 Item 19 Authorize Sale of Excess Property/Fire Department Motion by Knight, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. REDUCE LETTER OF CREDIT/DEVELOPER'S IMPROVEMENTSIWOODLAND CREEK .. ~- Regular Andover City Council Meeting Minutes - November 4. 2003 Page 3 GOLF VILLAS City Engineer Berkowitz explained this item is in regard to a request ITom OIvan Properties to reduce the developer's Letter of Credit #157 for Woodland Creek Golf Villas. Councilmember Jacobson stated he does not have a problem with reducing the letter of credit but he was wondering if the $5,000 being suggested for escrow was going to be enough considering the problems they have had with another development. Councilmember Trude stated the certificate of occupancy is also being held. Mr. Berkowitz stated the $5,000 would be held and there are 11 lots in the development and the $5,000 would be per lot so it would amount to $55,000 for the development in escrow. Councilmember Jacobson asked if this was enough money to do the job. Mr. Berkowitz stated they could review this to make sure it is adequate. Motion by Jacobson, Seconded by Knight, to escrow $5,000 per lot or such funds that will be required as a result of review by the staff and reducing the escrow to the balance of $3,540.00. Motion carried unanimously. PUBLIC HEARINGIDELINQUENT UTILITY AND MOWING CHARGES Finance Director Jim Dickinson explained Section 8 of Ordinance 32, Section 30 of Ordinance 55 and Section 8 of Ordinance 86 provide for the collection by assessment of un paid sewer, water, street lighting and mowing service charges. The assessment procedures directed by state statute 429 are being followed by holding a public hearing to act upon the proposed assessment. Mr. Dickinson stated the total delinquent service charges were $10,054.51 as of October 1,2003 when written notification was given to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to October 29th have been applied to the delinquent accounts, reducing the delinquent balance to $7,979.03. Delinquent balance as of November 4,2003 is charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2004 taxes. Therefore, the total assessment for delinquent sewer, water, street lighting and mowing services is $9,814.21. Motion by Orttel, Seconded by Jacobson, to open the public hearing at 8:11 p.m. Motion carried unanimously. No one wished to address the City Council. Motion by Jacobson, Seconded b y Knight, to close the public hearing at 8:12 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the attached resolution adopting the " . Regular Andover City Council Meeting Minutes - November 4, 2003 Page 4 assessment roll. Motion carried unanimously. (Resolution RI92-03) ANDOVER GIRL SCOUTS - GOLD A WARD PROJECT REQUEST Mr. Erar stated Mellissa Yund and Michelle Freeman, Andover High School students, have submitted a Girl Scout Gold Award project request that would lead to the installation of a flagpole and sitting bench at City Hall. Mr. Erar noted funding for this project would be raised by the Girl Scouts, with regard to the flagpole, flag and bench. Staff would propose to donate the in-kind labor for the flag pole installation and landscaping. Ms. Yund and Ms. Freeman made a presentation to the City Council. Councilmember Orttel commended the Girl Scouts on what they are trying to do. He wondered if the $1,500 included the labor or ifit only included the pole. Ms. Yund stated it includes the pole, bench and some landscaping. She talked to Mr. Erar and he said the City would provide the labor if the Girl Scouts would provide the funding for the pole, landscaping and bench. Councilmember Orttel asked where the donations could be made. Ms. Yund stated ifpeople would like to make donations, they could contact Mr. Erar's secretary, Pat Janssen. Councilmember Trude stated the handout stated the checks would go to Troop 2346 and they would be tax-deductible contributions. Councilmember Orttel asked ifthere would be any electrical installation involved. Mr. Erar stated they did investigate the installation of the flagpole and bench and there would not be any electrical and he figured City staff could contribute labor for the pole and bench. Motion by Trude, Seconded by Jacobson, to give support to the Girl Scout Gold Award Project. Motion carried unanimously. CONSIDER SIDEYARD SETBACK VARIANCE/3479 SOUTH COON CREEK DRIVE Community Development Director Neumeister explained the applicant's house was built in 1995 with its sideyard facing Round Lake Boulevard. At that time, the property conformed to the 40-foot County Road setback as required in the R-4 zoning district. As Anoka County and MnDOT proceed with project #02-609-12, the Round Lake Boulevard Expansion, the property's sideyard setback will be reduced to 29 feet. Mr. Neumeister explained that without a variance, the applicant's property will become non- conforming. The applicant is requesting a variance to the City's setback requirement so the property Regular Andover City Council Meeting Minutes - November 4, 2003 Page 5 can remain legally conforming despite its reduced setback along the County Road. Motion by Knight, Seconded by Trude, to approve an 11 foot variance for a sideyard setback for 3479 South Coon Creek Drive. (Resolution RI93-03) Councilmember Orttel stated he thought they made a blanket variance for these properties. Councilmember Jacobson stated he thought there were only six properties and they decided to make the decisions individually. Councilmember Orttel stated he had a resident call him and asked what he was supposed to do. He suggested they should make a blanket variance for the six properties. Councilmember Jacobson stated on the bottom of the resolution, it states "This resolution is subject to the following condition of Building and Fire Department review and the issuance of building permit." . There is no building being requested, this is just a variance for a sideyard setback. He thought this should be stricken because it is not a condition of the resolution. Motion carried unanimously. Motion Orttel, Seconded by Trude, for staff to prepare a resolution granting a blanket variance only for those issues created by the widening of the County road and the taking of additional right-of-way to any of the properties that so desire a variance in the Round Lake Boulevard area and to refund the fees paid by the prior property owner who sought approval and to bring the resolution back to the City Council for approval. Councilmember Jacobson asked City Attorney Hawkins if they can legally do this without looking at each property. City Attorney Hawkins stated they could because a lot of the issues will be the same. Councilmember Trude explained the reasons why they are granting the variances for these homes. Motion carried unanimously. CONSIDER PRELIMINARY PLAT/ANDOVER MARKETPLACE EAST/BUNKER AND MARTIN STREET Community Development Director Neumeister stated the applicant is proposing to create a commercial development in the area south of Bunker Lake Boulevard between Martin and Quinn Street NW. The development has been reviewed and revised on several occasions based on input by the EDA. The preliminary plat is being brought forward at this time to create three commercial lots and five outlots ITom the subject property for the first phase of construction. Once the plat has been approved, the final details of each site will be determined through the Commercial Site Plan review process. Regular Andover City Council Meeting Minutes - November 4. 2003 Page 6 Mayor Gamache asked if Outlot E was the only outlot on the property. Mr. Neumeister stated there are five outlots total. Mayor Gamache asked if the outlots will all be covered by the covenants. Mr. Neumeister stated this was true. Councilmember Knight asked if the outlots will be used for snow storage. Mr. Neumeister stated there will be areas along the road and parking lot for snow storage. Councilmember Trude stated she was concerned about the comments brought up by one of the Planning Commissioners and she was wondering if they could tie in their maintenance of the outlots in the development agreement to something else. She wondered if there was a use permit for the site. City Attorney Hawkins stated they have already established an Association. These outlots will be conveyed to the Association and they will be responsible for maintaining the areas. The City will no longer have an interest in the Association once United Properties takes over the last of the property. Councilmember Orttel asked what would happen if in twenty years the owners decide to detach the outlots from their property. Is it possible through the maintenance agreements that they state the outlots will be maintained. City Attorney Hawkins stated they are in the process of drafting a restatement of the covenants. They have not finalized the maintenance agreements so they can include some language for this. Councilmember Jacobson stated on the agenda, it states "Preliminary" and the plans show "Final" and he wanted to make sure this was the Preliminary approval. Mr. Neumeister stated that was true. Motion by Jacobson, Seconded by Orttel, to approve the proposed plat for Andover Marketplace East subject to the conditions listed in the attached resolution and any additional items of concern. Motion carried unanimously. (Resolution RI94-03) CONSIDER AMENDMENT TO SEWER STAGING PLAN/FIRE STATION #3, SMITH & MILLER PROPERTIES Community Development Director Neumeister stated there have been numerous discussions with the City Council regarding the development of Fire Station #3 and the timing of extending the city utilities to the site. The time is near where the official sewer staging plan needs to be amended to allow this to happen. Mr. Neumeister stated there was an amendment to this item (see blue paper). Councilmember Knight asked what the capacity was and ifall the properties could be handled. Mr. Berkowitz stated at this point, this is all the sewer could handle. Councilmember Trude asked if all the properties ITonting Crosstown on the east side down to 15773 were included. Mr. Berkowitz stated that was true. Regular Andover City Council Meeting Minutes - November 4, 2003 Page 7 Councilmember Trude asked if the intention was not to subdivide the property. Mr. Berkowitz stated it was the owner's intention not to subdivide the property. Councilmember Orttel stated the Comprehensive plan shows 157th to 1615t as potentially sewered areas. Mr. Berkowitz stated this was true. Councilmember Orttel asked if the remaining homes would be included. Mr. Berkowitz stated those homes would need to be serviced by a separate trunk line. City Attorney Hawkins stated the question came up today whether or not this action constituted amending their Comprehensive Plan. By law, they are required to hold a Public Hearing whenever they amend a Comprehensive Plan and this would be an amendment. He suggested they have the Planning Commission hold a public hearing on this and then bring it back for approval at the City Council meeting in December. Councilmember Jacobson stated this property in the Comprehensive Plan was scheduled to be developed in 2015-2020 which is a big change. Councilmember Orttel thought they should hold a public hearing. He thought that when this gets rezoned, he did not think they would want multiple family dwellings in the area; it should be single family. Motion by Knight, Seconded by Orttel, to refer this item to the Planning Commission for a public hearing. Motion carried unanimously. CONSIDER REZONING/GENERAL BUSINESS (GB) TO MULTIPLE DWELLING (M- 2)/BRUGGEMAN HOMES Community Development Director Neumeister eXplained the City Council is asked to review the proposed rezoning to allow for residential development on a parcel in Andover Station. Mr. Neumeister stated the Andover Station properties are zoned for commercial use. Bruggeman Properties has included a residential component in their plans for the development of Andover Station. This will require the rezoning of the 8.65 acres upon which the townhomes will be built. This residential development does not stray from the original.intent to develop Andover Station. Conditions have changed to such an extent that a residential element is now an acceptable addition to a large-scale commercial development such as Andover Station. Councilmember Jacobson stated the request is to go to an M-2, Multiple Dwelling zone. He asked Mr. Neumeister to describe what this meant. Mr. Neumeister explained it would allow eight units per acre density. Councilmember Jacobson asked why they need the zoning contract. Mr. Neumeister stated it makes this a binding document. The development plans that are going to come before the City Council will Regular Andover City Council Meeting Minutes - November 4, 2003 Page 8 become conditions of the rezoning and they must complete the plans according to the drawings they are reviewing. Councilmember Orttel stated this item has been worked on with the City since they started the redevelopment of the junk yard site. He explained there are not any residential neighbors except to the south. He stated this has all been worked out and will make a great buffer between residential and commercial in that area. Motion by Jacobson, Seconded by Orttel, to approve the rezoning request based on the reason that times and conditions have changed. Motion carried unanimously. (Ordinance 277) CONSIDER PRELIMINARY PLATIVILLAS AT ANDOVER STATION/BRUGGEMAN HOMES Community Development Director Neumeister explained over the past 30 days, Bruggeman Homes has refined the plans for the 75 unit townhome subdivision known as the "Villas at Andover Station". Final revisions have been made and the developer adjusted the building and site plans to allow for the larger garage sizes. Mr. Neumeister stated the developer asked that the name be changed to the "Village at Andover Station" so all the documents will need to be changed. Councilmember Jacobson asked if on the preliminary plat regarding the drainage and utility easements, are these just the driveways and they all will have drainage and utility easements. Mr. Opatz, RLK, stated each unit has its own individual lot; there is an entire drainage and utility easement around there. This does not include any of the lots around the building. Councilmember Jacobson asked if the utilities would be public or private. Mr. Neumeister stated the utilities in the street would be public and from the street out to the units would be a private utility line. Councilmember Jacobson stated if the City does not need to get in to fix them, why would they need an easement for them. Mr. Berkowitz stated the only reason they need an easement would be if they needed to go and shut offwater or something to gain access to the private utility. The owners would be responsible for repairs because they are private. Councilmember Jacobson stated it shows a rock construction entrance in the street. He wondered if Public Works looked at this in terms of maintenance. Mr. Berkowitz stated this refers to rock construction entrance during construction and will be removed after construction and a bituminous road will be constructed. Councilmember Orttel stated this is very complicated because of the density. They have had quite a bit of review time on this property. Regular Andover City Council Meeting Minutes - November 4. 2003 Page 9 Councilmember Trude asked where the green space is located on the property. Councilmember Jacobson stated it is on lot 19. Councilmember Knight asked if they will be putting anything on the lot as far as a grill or outdoor furniture. Mr. Greg Schlink, Representative for Bruggeman Homes, 3564 Rollingview Drive, White Bear Lake, stated they are looking at this lot as more of a passive recreation area but they would have a pergola and bench and some plantings. Councilmember Trude asked what the market group was for the homes, Mr. Schlink stated they have normally seen young couples and singles with a few seniors but this is rare because of the two- story setup. They normally do not get young families. Mr. Schlink explained the materials that will be used on the buildings. Motion by Jacobson, Seconded by Trude, to approve the Preliminary Plat for the "Villas at Andover Station" subject to the conditions of the attached resolution. The motion carried unanimously. (Resolution RI95-03) CONSIDER CONDITIONAL USE PERMIT/P. U.D.JVILLAS AT ANDOVER STATION/BRUGGEMAN HOMES Community Development Director Neumeister explained the City Council is asked to review a Conditional Use Permit request for a Planned Unit Development (PUD) consisting of75 units in 10 buildings on 8.65 acres. Approval of the Conditional Use Permit will allow the development to be constructed according to alternative development standards that are designed to maximize the redevelopment potential of the site. Councilmember Jacobson stated he has a problem with in the whereas, where they are talking about prohibiting adjacent structures from replicating one another. It is in the whereas but it is not in the resolved area and he wondered if this should be in that section. Mr. Neumeister stated they could add that to the resolve section. Councilmember Trude asked what the price range would be. Mr. Schlink stated at this point, it would be in the mid $160' s and up. Councilmember Trude stated she thought according to the met Council, the affordable housing price is mid $175,000. Mr. Schlink stated he thought that was a little high but he did know for sure. Councilmember Trude wanted to compliment him on the superior product he has given them. Councilmember Knight asked what the difference would be for a lower priced home versus a higher priced home. Mr. Schlink stated the higher priced homes will have walk outs and some will have basements along with upgrades to the homes the buyer would select. Regular Andover City Council Meeting Minutes - November 4, 2003 Page 10 Motion by Trude, Seconded by Orttel, to approve the variances that have been identified and the Conditional Use Permit subject to the conditions in the attached resolution and changing the name from Villas to Village. Motion carried unanimously. (Resolution RI96-03) CONSIDER COMPREHENSIVE PLAN AMENDMENTÆXTEND MUSA BOUNDARY /WOODLAND 6TH ADDITION Community Development Director Neumeister explained the applicant is requesting a Comprehensive Plan Amendment to extend the Municipal Urban Service Boundary (MUSA) to include the subject property. The applicant is also requesting that the property be guided for the current stage of sewer expansion (2000-2005). This would allow the property to be developed at an urban density with municipal sewer and water as early as next year. Councilmember Jacobson asked City Attorney Hawkins if this item required a 4/5 vote. City Attorney Hawkins stated that was true. Councilmember Orttel stated he noticed at the Planning Commission meeting, there was one access point to the development until the other areas develop. This development will have five accesses when completed and it is temporary until completed and he did not have a problem with this because it is only temporary. Councilmember Orttel stated the thing he likes about this is these are single family homes because most of the housing coming in to Andover lately have been multi-family. When they approved the Rural Reserve, it was to hold land as a buffer for homes going in to swap into the Rural Reserve to protect their infrastructure. Councilmember Trude stated when they first discussed this, there was talk about access and how this would work and she has since talked to the Fire Chief about access if there is a fire and she has found there is no simple solution. She is concerned the connections will be further out than 2005. She did not think the solutions are as simple as she thought when they first 100ked at this. Discussion ensued in regard to when the land around this property could be developed and when sewer could be run to the area. Mr. Erar stated they needed to achieve a critical mass in the Rural Reserve in order to get the sewer line run through the Rural Reserve. He stated there were two issues with the transportation on the swap. One is the alignment, which has been taken care of and the second item is the access, which has been an issue that has been raised as they have previously gone through this and it is something the Council indicated previously that staff should work with the developer to that extent but the single access will probably be there for the next four to eight years. Mr. Neumeister stated he agreed with Mr. Erar and Councilmember Orttel in regard to what was stated previously. .. Regular Andover City Council Meeting Minutes - November 4, 2003 Page 11 Mr. Neumeister showed a map of the area and explained that the developer redesigned the site to accommodate other developments. Mr. Erar stated typically they like to see two ways in and out of a plat. What is really important is as the Rural Reserve develops, none of these roads coming out of the plat ends in a cul-de-sac because they will be important thoroughfares through the plat. Councilmember Knight stated he has really struggled with this one and the Planning Commission is very firm on their decision. If they are going to use the Planning Commission, they have to give them some consideration. The other concern is they are exchanging unbuildable land for buildable land. He did not know if the swap really explained it. The one entry into the development he can understand but ifthey say yes here, they will have to give approval to someone else who attempts to do something similar. Mr. Neumeister stated they will need to give each development its own consideration. With this development they have proven that there is one way in and out for a short period but there are looped streets that allow people alternative ways for in and out. He stated they do start setting precedent as they go along but each one will need to be reviewed individually. Councilmember Trude stated the discussion that was on that date was if they would consider discussing this further and there was not any decision made at that time. Mayor Gamache stated part of the issue that was voted upon by the Planning Commission is their ability as a Council to get the information to the Planning Commission in the right format because they do not have the background about what the Council has been talking about regarding the Rural Reserve and they need to sit down with them and discuss it. The Rural Reserve was there to set a long term goal as to where sewer was going to come into the City and it is still up to the Council as to when the development will take place but it doesn't mean they set aside property for a certain period of time. It was set aside so it would not be developed in any manner without City sewer and water. That was what the met Council asked them to do so it is not out of the question for developers to come and ask for a Compo Plan Amendment. He stated this is an odd situation because the sewer is already there and can be used for this property at this time. What they were asked to do at that meeting was to decide if they had a problem with the access. Discussion was brought up regarding other developments with one way in/out. Councilmember Trude stated the other issue that was strongly discussed at the Planning Commission level was they wanted to see orderly developments and the City is just guessing how the roads will connect the developments together and she thought they needed to discuss this further and decide that before they can decide on this land swap. Mr. Erar stated all of the items that were identified in the process have been resolved by staff and the developer. The only issue that exists is that there is a one point access into this plat but it is only temporary and they will see development in the future surrounding Woodland 6th. When this will Regular Andover City Council Meeting Minutes - November 4, 2003 Page 12 occur, staff cannot predict but this is a temporary situation where you have a one way in/out and the sketch pIan does address all of the concerns. The alignment does work into the future as long as they do not start to cul-de-sac the egress points in and out of the plat. In terms of sanitary sewer, the capacity is there and the swap is not un-developable land for developable land. It is his understanding that both pieces are developable but the reason for the swap is that the landowner wants to continue farming the land. Mr. Westlund stated they have been able to get information on the soil borings indicating that the peat runs anywhere from a foot and a half to eight feet on that piece ofland and it is buildable in terms of what they have done On the TPC land where they would need to take out soil and replace with sand. Mr. Erar asked if the land is developable in the future. Mr. Westlund stated that was true. ...-\1)c..-r(ìcc.-oÇ-ckwö¡:J.':i1S-t~ \ cuJ Councilmember Knight asked if Mr. Westlund thoughtihM1>iw:; 6fltll'ld was too expensive. Mr. Westlund stated that was not the case. The reason is because Mr. Slyzuk would like to continue to farm that land. ~ \1-1'6-0:;' Mr. Westlund stated this item has been before the Council on many occasions since June 2002 on a number of things and there is not any land loss in the Rural Reserve because of the land swap. This particular piece is the starting point and planning point for the Rural Reserve and they think it makes sense to do a development like some of the homes in Nightingale Estates. He showed pictures of some of the homes they want in this development. Mr. Westlund stated they have been through many obstacles working with City Staff and they have refined many of the issues. They have really worked hard to meet the city's criteria. Councilmember Trude asked Mr. Berkowitz about the overall drainage plan for this area. She did not think they had a plan for this area and asked if they would have problems with this. Mr. Berkowitz stated this was a concern for the Engineering Department in the overall Rural Reserve development area. He explained they brought their concerns back to the developer. One of the concerns was handling drainage with some current farm ditches that are there. The developer has made adjustments to that so they would not utilize those existing ditches. They would meet the criteria on drainage; keep their drainage onsite with the opportunity in potential development as development occurs through the Rural Reserve to allow the flow to continue on a regional ponding system. Councilmember Trude asked if they had a self contained storm water management plan for the forty acres that does not impact anyone outside of that. Mr. Berkowitz stated that was correct. Mr. Dan Johnson, Nightingale Estates, asked if it would not be a lot better to make decisions based on what they have now and now know and not the hypotheticals. If the forty acres gets land swapped and gets developed, it will just snowball the rest of the Rural Reserve. If this gets developed, they are going to see the rest of the Rural Reserve get developed in less than five years. They do not have Regular Andover City Council Meeting Minutes - November 4, 2003 Page 13 roads to handle all the traffic right now. The timing of this is too soon and they should stick with the decision of the Planning Commission. Their recommendation was to not a110w the MUSA switch because he thought they all believed it was a fine development but the timing is not now and it would be wiser and more prudent to wait and have a master overall plan where they do not have as many hypotheticals. He did not believe all of the questions have been answered because the Council probably has questions. He believed the timing is not now to allow this to proceed. Councilmember Trude asked if they went with the design, how will the new Verdin Street north tie into Wittington Ridge. She stated the layout of this development will affect the layout ofWittington Ridge. Mayor Gamache stated what they have laid out for the road is to allow development on both sides of the road to abut up to Wittington and what would be expected there would be urban development because that is what they approved. Councilmember Trude stated she did not think this would fit in. Councilmember Orttel stated the only other thing that could go in there would be commercial. Councilmember Trude stated that would not be allowed. Councilmember Orttel stated he understood that but R-4 is the best they will get and the least dense development there is. Councilmember Jacobson stated his concern with the proposal is they have a park plan that calls for some major park facilities and if they start piece-mealing and they take money in lieu of, at what point do they tell a developer they need a large park in the area. They need to plan for the parks in this area, if they approve what is being presented; they are dictating a fairly large chunk of the Rural Reserve by doing what is being proposed. He stated they will need to look at the entire drainage of the Rural Reserve. They need to do a general overall plan on this area before they can make a decision. Councilmember Orttel stated there are not any regional parks planned in this area according to the park plan. There are large open areas in the areas. He stated this is not the issue. He agreed with an overall concept plan of the area but he wondered who would for it. Discussion ensued regarding overall planning of the area and ghost platting. Councilmember Trude stated a better issue would be to table this to a future date instead of voting this up or down because they need to have a little bit more time to look at the bigger picture issues as a Council at a workshop. There was discussion regarding a regional park in the Rural Reserve. Mayor Gamache stated the only issue he was looking at is the proposed swap. Mr. Slyzuk did not understand the concerns and problems associated with this swap. He explained the City Council has allowed developments to be landlocked and allowed cul-de-sacs to be constructed longer than what the Ordinance allows and he wondered why there is so much concern just on this plat. Mr, Slyzuk stated that he would like to be treated the same way as everyone else. They have ten Regular Andover City Council Meeting Minutes - November 4, 2003 Page 14 acres to farm on this property and thirty acres on the other. The land is all developable but the economics of using the land today is the reason for this swap. Councilmember Trude stated the Council has not given any approval to the Boyum property to do any projects yet and whatever happens here, will be expected elsewhere and that is what has been heavily on her mind. She explained she wants to see more information and time to pIan. Motion by Trude to table this item to allow more time to get additional information and time to plan the Rural Reserve better. Councilmember Trude stated if there is not a four/fifths vote, this item would fail and she did not want that to happen without more information. Councilmember Orttel stated that have had this item for almost a year and a half and he wondered why they should table this. He wondered if the City should have to pay for a master plan. Discussion ensued regarding the reason this issue was before the City Council and if this item should be tabled. Mr. Erar stated they were discussing the time frame in which Council will need to act on this as a Compo Plan Amendment. It is a zoning action and the application for a Compo Plan Amendment was submitted September 15, 2003 so there has to be a decision made tonight to fall within the sixty day period. If this would be tabled, it would go over the sixty day time limit. He stated the transportation plan for the area was reviewed by the met Council and approved and they do have a sanitary sewer plan and the park plan has been put into place. He explained staff has not initiated anything because it has not been the Council's direction. Councilmember Trude withdrew her motion to table. Motion by Trude, Seconded by Orttel, to take a five minute recess at 10:25 p.m. Motion carried unanimously. The City Council reconvened at 10:30 p.m. Councilmember Trude stated she had an opportunity to talk to the developer during the break to see ifhe would give the City an extension of time so that some of the issues that have come up could be more thoroughly looked at and not close the door to this. Mr. Westlund stated he would agree to a sixty-day extension until January 15, 2004 if that will help. Councilmember Trude stated during that time, she would like to discuss some of the issues brought up in a workshop. Regular Andover City Council Meeting Minutes - November 4, 2003 Page 15 Motion by Trude, Seconded by Knight, to table this item until the first meeting in January or no later than January 15, 2004 with the understanding that the issues will be covered in a workshop. Motion carried 4 ayes, 1 nay (Jacobson). CONSIDER RESIDENTIAL SKETCH PLANIWOODLAND 6TH ADDITIONIWOODLAND DEVELOPMENT Community Development Director Neumeister stated the Council is asked to review a sketch plan for a single family urban residential development. Mr. Westlund has agreed to the extension of the sketch plan as well for sixty days until January 15, 2004. Councilmember Trude stated she would still like to have the Park Commission comments on this item. Mr. Neumeister stated they would stilI have this reviewed by the Park Commission. Councilmember Trude stated she would also like to have the residents involved to be informed of the next meeting regarding these items. Motion by Trude, Seconded by Jacobson, to table this item until the fIrst meeting in January 2004. Motion carried unanimously. Councilmember Trude asked if the Planning Commission took any other action on this. Mr. Westlund stated they reviewed the sketch plan. SCHEDULE SPECIAL EDA MEETING City Administrator Erar explained the City Council is requested to schedule a special EDA Board meeting to review and discuss proposals by the Hartford Group and Dean Hanson Builders for Andover Station North. As directed at the last EDA Board meeting, a special meeting will be held to discuss and review submittals by these two groups with the EDA. Both developers have indicated they are available for a meeting with the EDA on Wednesday, November 12, 2003 at 6:30 p.m. Motion by Jacobson, Seconded by Trude, to schedule a special EDA Board meeting on Wednesday, November 12, 2003 at 6:30 p.m. to discuss RFP submittals on Andover Station North with the Hartford Group and Dean Hanson Builders. SCHEDULE SPECIAL COUNCIL WORKSHOP- METH LAB ORDINANCE Regular Andover City Council Meeting Minutes - November 4, 2003 Page 16 City Administrator Erar explained staff has been working with several agencies to develop materials and information regarding the proposed establishment of a Meth Lab Ordinance. Mr. Erar stated this worked well with the County Transportation meeting. He heard back ITom the County Commissioners and the only date that works well with them is December 11, 2003 and they could schedule this item along with the transportation meeting. Councilmember Jacobson stated he preferred staff to draft up a memo with the Ordinance instead of sitting in a meeting. Councilmember Orttel agreed. Motion by Orttel, Seconded by Trude, to schedule a Council Workshop on the proposed establishment of a Meth Lab Ordinance for Thursday, December 11,2003 at 6:30 p.m. Q:::oUJ"lc..J- qs;·{.u__Û . -to \..DD'\.o-<lu..Lv ('- /Y\..U-nx,s lJr+-h. ŒL'uJ1"t\.{ 0/;tLUCLL/J un CO-..'--...-rl>-ý-. ïYCWWPC11ù..t7<:)'- ~ (U\CL.-t'O C'-'-'~ Q.. 'Y'-L-+Y) ~ OìcLL.r1.A.'''-'."", u).-t-I', CI..-<ì <..e.mp(\ct.<i<..-o ([y\--hC'J:~~ ~. L1.xvu.rul4J /Hc¡-o3 SCHEDlJ. SPECIAL COUNCIL WORKSHOP - COMMISSION VACANCY INTERVIEWS Community Development Director Neumeister explained two vacancies will exist on the Planning and Zoning Commission and three vacancies will exist on the Park and Recreation Commission after January 1, 2003. Mr. Neumeister stated over the past few weeks staff has announced through various media that residents interested in serving on these two commissions should made application by November 28,2003. The next steps would be to conduct interviews and then appoint at a special Council meeting. Councilmember Trude asked if they could wait until the next City Council meeting to decide on the dates for the interviews. Mr. Neumeister stated they could. The City Council recessed to go into Executive Session at 10:45 p.m. The Council reconvened at 11 :03 p.m. APPROVE RELEASE OF LETTER OF CREDIT/SPECIAL ASSESSMENTS/99- 36/SUNRIDGE, CONTINUED Finance Director Dickinson explained the City was requested by DH Land Company to release the letter of credit #2380-0701 DI for special assessments related to Sunridge, City Project #99-36. Mr. Dickinson stated the Finance Department has reviewed the request and concurs that the release ofletter of credit for special assessments related to DH Land Company is appropriate. The reduction results in a $39,012.88 decrease to a new balance of $0.00. The budget is not impacted by this Regular Andover City Council Meeting Minutes - November 4, 2003 Page 17 reduction of letter of credit. Motion by Jacobson, Seconded by Orttel, to approve the release ofletter of credit #2380-0701 DI in favor of the City of Andover provided by Lakeland Construction Finance, LLC on behalf of DH Land Company. Motion Carried. MAYOR/COUNCIL INPUT COUNCIL UPDATE (PROPERTY AT 1049 ANDOVER BOULEVARD NW) Community Development Director Neumeister explained at the last City Council meeting, the Council asked for than update regarding this property. The property located at 1049 Andover Boulevard is a 4.3-acre parcel containing a dilapidated house, several old cars, and an assortment of junk. The owner of the property, Mr. Daniel White, has been cited several times for zoning code violations over the past 8 years, and lives either in the crumbling house or a trailer in the rear of the property. The site appears to lack essential sanitation, but the resident does enjoy satellite television, as evidenced by the satellite dish resting on stacked cinder blocks. Most recently the resident received a certified letter informing him that the house has been declared unsafe for human habitation. The resident was given 60 days to make repairs, but has failed to do so. The Building Department is in the process of beginning the condemnation proceedings to have the house razed. Councilmember Orttel asked how they knew about the lack of sanitation conditions. Mr. Neumeister stated he has not discussed this with the building official but he assumed from the building records that there is no sewer line running into the house. He would need to verifY this with the building official. Councilmember Jacobson asked legally would they could do. City Attorney Hawkins stated the procedure would be to get a detailed report ITom the building official and a resolution authorizing condemnation. There is no compensation being paid in this situation for condemnation because it is as hazardous structure and they do have the authority to have the buildings tom down but they need to make sure they have a very thorough documentation that it is hazardous because they are taking someone's property without compensation and the courts will have to prove that and they will be very suspect. Councilmember Jacobson asked if there was any legal way to get into the building to see what it looked like. City Attorney Hawkins stated they could get an administrative search warrant to go in if they feel there are violations and go in and inspect the home. Councilmember Orttel asked if they could get some charitable organization to help bring the home back up to code. He stated they do not have a housing code so they better go slowly. City Attorney Hawkins stated they do need very detailed findings in order to condemn the house. Regular Andover City Council Meeting Minutes - November 4, 2003 Page 18 (Fire Department Annual Spaghetti Dinner) - Mayor Gamache stated Wednesday, November 12, 2003 is the Fire Department's Annual Spaghetti Dinner at Andover High School which begins at 5:30 p.m. until 8:00 p.m. (Annual Meetingfor AMM) - Mayor Gamache stated the Association of Metropolitan Municipalities will be conducting their annual meeting along with an open house on November 20,2003 in St. Paul. They have asked him to chair a revenue committee task force looking at long term city revenue issues. This will be a long term task force regarding everything ITom funding for cities on property taxes and different city functions that go on and how they fund them. (Community Center) - Councilmember Trude commented on the Community Center. She thought the newsletter was keeping people posted on this issue. There are weekly meetings between the construction manager and architect. City Hall has an actual model that is on display and there are floor plans also on display. Fundraising is ongoing. She explained everything that has been going on with the Community Center to-date. (YMCA part in the Community Center) - Councilmember Jacobson asked Mr. Erar if they could get information regarding the progress and talks with the YMCA because he is concerned about the YMCA. What is the YMCA doing and how are they doing with talks with the YMCA? All they have is a letter of intent and he wanted to know where they stand regarding the Community Center because they are getting close to the point where they will need to make some major decisions. Councilmember Jacobson asked how the YMCA is doing in fundraising efforts. Councilmember Knight explained he understood the YMCA was not going to be doing any fundraising. Councilmember Orttel stated it was his understanding that the YMCA would not be doing any of the fundraising either. (Sharing space with the YMCA regarding Community Center) - Councilmember Knight asked where they are at in terms of proportion sharing of the facility. Mr, Dickinson stated they will be able to discuss this at the meeting on November 5,1003. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 11:16 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary