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HomeMy WebLinkAboutCC October 21, 2003 C I T Y o F C!JfltruLw../ NDOVE 11-L. -o3 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, October 21, 2003 Call to Order - Following EDA meeting scheduled at 6:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/07/03 Regular; 10/08/03 Special) 2. Acknowledge Public Service Recognition-Dave Almgren - Administration 3. Badge Presentations/Firefighters . Fire Consent Items 4. Approve Payment of Claims - Finance 5. Waive Public Hearing/Adopt Assessment Ro1V02-4I/l438 I Osage Street NW/SS & WM - Engineering 6. Waive Public Hearing/Adopt Assessment RoIV03-13/l4359 Woodbine Street NW/SS & WM- Engineering 7. Waive Public Hearing/Adopt Assessment Ro1V03-14/l3 752 Round Lake Boulevard NW IWM - Engineering 8. Waive Public Hearing/Adopt Assessment Ro11l03-17/14027 Crosstown Boulevard NW IWM - Engineering 9. Tenninate ProjectlOI-32/1350 Bunker Lake Boulevard NW/SS & WM - Engineering 10. Approve Resolution Accepting Donations/03-llPrairie Knoll Park - Engineering II. Approval to Advertise and Sell Used City Equipment - Public Works 12. Revoke Special Use PennitILot I, Block 6, Hills of Bunker 3'dlRademacher - Clerk 13. Approve Release of Letter ofCreditJSpecial Assessments/99-36/Sunridge - Finance 14. Approve Reduction of Letter ofCreditlSpecial Assessments/02-49/Woodland Estates 4th Addition- Finance 15. Approve Resolution Pre-97 Interest Funds Transfer - Finance 16. Approve Resolution-Workers ComplElected and Appointed Officials - Finance 17. Approve LMCIT Liability Coverage - Finance 18. Approve Partial ReleaselDevelopment Contract/Hamilton Square - Engineering 19. Accept Petition/02-42/1508 - I 40th Lane NW/SS & WM - Engineering 20. Approve Property Exchange Agreement/Fire Station # 3 - Administration/Fire 21. Appointment Recommendation-Building Department - Administration 22. Approve Community Center Capital Campaign Communications Budget - Administration Discussion Items 23. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 24. Public Hearing/Senior Housing Refunding BondslPresbyterian Homes - Finance 25. Builder Refund Request/Building Penn it Fees-Regal Townhomes - Finance 26. Consider RezoninglLimited Business to Single Family Urban ResidentiallBunker Lake Village - Planning 27. Consider Preliminary Plat/Bunker Lake VillagelHanson Blvd NW and 139'h Lane NW - Planning/Eng. 28. Consider Conditional Use PennitIPlanned Unit Development/Bunker Lake Village - Planning 29. Update of Coon Creek Corridor Trai1/03-8 - Engineering 30. Round Lake Study/03-II/Discuss Pennanent Structures at Beaver Dam - Engineering 31. Approve Land Purchase Contracts/Slyzuk Farms - Administration Staff Item 32. Schedule City Council Workshop/Miscellaneous Business Items -Administration Mayor/Council Input Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 2I, 2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE ...........................................................,..,......................................1 RESIDENT FORUM................................................................................,.................................1 AGENDA APPROV AL .............................................................................................................2 APPROVAL OF MINUTES.............................................................................,.........................2 ACKNOWLEDGE PUBLIC SERVICE RECOGNITION - DAVE ALMGREN .....................3 BADGE PRESENT A TION/FIREFIGHTERS .................................................,.........................3 CONSENT ITEMS Approve Payment of Claims.................................................................................................3 Resolution R177-03 waiving Public Hearing/Adopt Assessment RoII/02-41/14381 Osage Street NW/SS & WM ......................................................................................................3 Resolution R178-03 waiving Public Hearing/Adopt Assessment RoII/03-13/14359 Woodbine Street NW/SS & WM...................................................................................,.3 Resolution R179-03 waiving Public Hearing/Adopt Assessment RoII/03-14/13752 Round Lake Boulevard NW /WM .3.............................................................................................. Resolution R180-03 waiving Public Hearing/Adopt Assessment RoII/03-17/14027 Crosstown Boulevard NW /WM ......................................................................................3 Resolution R181-03 terminating Project/01-32/1350 Bunker Lake Boulevard NW/SS & &WM..............................................................................................................................3 Resolution R182-03 approving Resolution Accepting Donations/03-1/Prairie Knoll Park 3 Approval to Advertise to Sell Used City Equipment............................................................3 Resolution R183-03 revoking Special Use Permit/Lot 1, Block 6, Hills of Bunker 3,d/ Rademacher .....................................................................................................................3 Approve Reduction of Letter of Credit/Special Assessmentsl02-49/Woodland Estates 4th Addition ......................................................................................................................4 Resolution R184-03 approving Resolution-Workers CompÆlected and Appointed Officials ..... ...... ...... ...... ................. .............. ............ .......................... ................... ............4 Approve LMCIT Liability Coverage .................................................................,..................4 Approve Partial Release/Development Contract/Hamilton Square......................................4 Resolution R18S-03 accepting Petition/02-42/1508-140th Lane NW/SS & WM.................4 Approve Property Exchange AgreementlFire Station #3 .....................................................4 Appointment Reco=endation - Building Department ......................................................4 Approve Community Center Capital Campaign Communications Budget..........................4 APPROVE RELEASE OF LETTER OF CREDIT/SPECIAL ASSESSMENTS/99-36/ SUNRIDGE Motion to table..,.................................................................................................................,..4 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ................................................................................................................................6 PUBLIC HEARING/SENIOR HOUSING REFUNDING BONDS/PRESBYTERIAN HOMES Motion to open public hearing.....................................,................................................,.....,..6 Motion to close public hearing .............................................................................................. 7 . . Regular Andover City Council Meeting Minutes - October 21, 2003 Table of Contents Page ii Resolution R186-03 to approve ............................................................................................. 7 BUILDER REFUND REQUEST/BUILDING PERMIT FEES - REGAL TOWNHOMES Motion to Approve ................................................................................................................ 7 CONSIDER REZONING/LIMITED BUSINESS TO SINGLE FAMILY URBAN RESIDENTIALlBUNKER LAKE VILLAGE Motion to approve..................................................................................................................8 CONSIDER PRELIMINARY PLAT/BUNKER LAKE VILLAGE/HANSON BOULEVARD NW AND 139111 LANE NW Resolution R187-03 to approve.............................................................................................8 CONSIDER CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT/ BUNKER LAKE VILLAGE Resolution R188-03 to approve.................................................................................,...........11 UPDATE OF COON CREEK CORRIDOR TRAIL/03-8 Motion to proceed..................................................................................................................13 ROUND LAKE STUDY/03-11/DISCUSS PERMANENT STRUCTURES AT BEAVER DAM Motion to authorize................................................................................................................14 APPROVE RESOLUTION PRE-97 INTEREST FUNDS TRANSFER Resolutions RI89-03/190-03 to approve ...............................................................................14 APPROVE LAND PURCHASE CONTRACTS/SL YZUK FARMS Motion to approve.....,............................................................................................................15 SCHEDULE CITY COUNCIL WORKSHOP/MISCELLANEOUS BUSINESS .....................15 MA YORlCOUNCIL INPUT Annual Fire Department Spaghetti Dinner ............................................................................16 Donations for Prairie Knoll Park ...........................................................................................16 Old Train Station ...................................................................................................................16 Landscaping Business Update ...............................................................................................16 Bunker Park Newsletter .........................................................................................................16 Bunker Lake Boulevard Medians ..........................................................................................17 ADJOURNMENT ......................................................................................................................17 . - - . C I 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 - OCTOBER 2I, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 21, 7:01 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 Mr. Tom Belting. 1812 13 5th Avenue - Requested the Council pull item 13 off the consent items for discussion for further discussion. Mr. Joe Hunt. Resident of the City of Coon Rapids- Stated he was here on behalf of Tim Walsh, his son-in-law, who moved into his home in June and is dealing with a hole in his sewer line at 14429 Osage Street. Mr. Hunt stated that before the home was built, the sewer line was filled with rocks and the builder cleared it and then they built the home and it once again filled up with rocks. The builder called Roto Rooter to clean the line out and in doing so, they put a hole in the pipe and they have had sewage backing up into their home and ground water leaking into the sewer system. The homeowner brought this to the builder's attention and the builder told them this was not a big problem but will not give them a guarantee. They wanted to bring this to the Council's attention. Mr. Berkowitz stated this is the first time he has heard about this. Typically the homeowner is responsible for damage to the line going to the home. He can talk to the engineering department regarding this. Mayor Gamache stated he would like to have Mr. Berkowitz work with the homeowner. Councilmember Orttel asked who was responsible for putting the hole in the pipe. Mr. Hunt stated it was Roto Rooter who was hired by the builder. Regular Andover City Council Meeting Minutes - October 21, 2003 Page 2 AGENDA APPROVAL Mayor Gamache stated a resident requested item 13 be moved down to discussion. Councilmember Jacobson stated items 11 and 15 had additional information that changed the Resolutions and it should be noted. Councilmember Knight asked to have City Finance Director Dickinson explain Item 15 to the residents. Mr. Dickinson stated they could discuss this. Remove from Consent Items for discussion Items 13, (Approve Release of Letter of Credit/Special Assessments/99-36/Sunridge); and Item 15, (Approve Resolution Pre-97 Interest Funds Transfer). Motion by Jacobson, Seconded by Orttel, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES October 7, 2003, Regular Meeting: Correct as amended. It was noted in the Regular City Council minutes, Item 5, under the Consent Items, should read "Accept Quote...". The resolution number should be deleted. The second part "Order Ad for bids..." should also be deleted. Councilmember Trude explained in the Regular Minutes she had a change to page nine, eighth paragraph, the sentence should read "Councilmember Trude stated there was a letter in their mailboxes stating the Met Council had alreadv approved the Comprehensive Plan Amendment already aJ3I3fÐved this. Councilmember Knight stated there is a misprint, the word minute was used instead of mute but he did not recall where in the minutes it was. Motion by Jacobson, Seconded by Knight, approval of October 7, 2003 Minutes as indicated above. Motion carried unanimously. October 8, 2003, Special Meeting: Correct as amended. Councilmember Trude stated in the Regular Minutes on page two and Special Minutes, on page three, eighth paragraph, the Park Commissioner's last name is still being spelled wrong. His name should be spelled "Masloski". Regular Andover City Council Meeting Minutes - October 21, 2003 Page 3 Motion by Orttel, Seconded by Knight, approval of October 8, 2003 Minutes as indicated above. Motion carried unanimously. ACKNOWLEDGE PUBLIC SERVICE RECOGNITION - DA VE ALMGREN Mayor Gamache presented a plaque of dedicated service to Mr. Dave Almgren and thanked him. Mr. Almgren thanked the City Administration and City Council. Councilmember Orttel stated he was here when Mr. Almgren arrived and he thought Mr. Almgren made Andover what it is today and ran a great department. Councilmember Trude stated she had heard many positive comments from residents regarding the Building Department. BADGE PRESENTATION/FIREFIGHTERS Fire Chief Winkel thanked Mr. Almgren for a terrific job and for all of his help. Fire Chief Winkel explained ten new members have completed their minimum requirements for becoming members of the fire department. Chief Winkel presented badges to the fire fighters and introduced each one to the public. Chief Winkel also updated the Council on the fire rating for the City. CONSENT ITEMS Item 4 Approval of Claims Item 5 Waive Public Hearing/Adopt Assessment Ro11/02-41/14381 Osage StreetNW/SS & WM (See Resolution RI77-03) Item 6 Waive Public Hearing/Adopt Assessment RoII/03-13/14359 Woodbine Street NW/SS & WM (See Resolution RI78-03) Item 7 Waive Public Hearing/Adopt Assessment RoII/03-14/13 752 Round Lake Boulevard NW/WM (See Resolution RI79-03) Item 8 Waive Public Hearing/Adopt Assessment RoII/03-17/14027 Crosstown Boulevard NW/WM (See Resolution RI80-03) Item 9 Terminate Project/01-32/1350 Bunker Lake Boulevard NW/SS & WM (See Resolution RI81-03) Item 10 Approve Resolution Accepting Donationsl03-1/Prairie Knoll Park (See Resolution R182-03) Item 11 Approval to Advertise and Sell Used City Equipment Item 12 Revoke Special Use Permit/Lot 1, Block 6, Hills of Bunker 3'd/Rademacher (See Resolution RI83-03) . . . -- - Regular Andover City Council Meeting Minutes - October 21, 2003 Page 4 Item 14 A,fprove Reduction of Letter of Credit/Special Assessmentsl02-49/W oodland Estates 4 Addition Item 16 Approve Resolution-Workers Comp/Elected and Appointed Officials (See Resolution RI84-03) Item 17 Approve LMCIT Liability Coverage Item 18 Approve Partial Release/Development Contract/Hamilton Square Item 19 Accept Petition/02-42/1508 - 140'h Lane NW/SS & WM (See Resolution RI85-03) Item 20 Approve Property Exchange AgreementlFire Station #3 Item 21 Appointment Recommendation-Building Department (Appoint Don Olson) Item 22 Approve Community Center Capital Campaign Communications Budget Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda as read. Councilmember Jacobson stated on item 12, for the record, he would like to have City Attorney Hawkins explain they are doing the revocation in the correct manner because it has been a long ongoing case and a subject of a court case. City Attorney Hawkins stated this has to do with a Special Use Permit that was issued for the Radamacher Property on Hanson Boulevard. He stated this had expired/revoked by operation ofIaw since they changed the zoning out there. There was a title insurance commitment that was issued and the special use permit showed up. It was recorded against the property and in order for that to be removed there needs to be formal action on the part of the City Council that creates a recordable document. He believes it was revoked properly by the change in the zoning for that classification and this is merely a procedure to create this document to clear the title. Motion carried unanimously. APPROVE RELEASE OF LETTER OFCREDIT/SPEClALASSESSMENTS/99-36/SUNRlDGE Finance Director Dickinson explained the City was requested by DH Land Company to release letter of credit #2380-0701 DI for special assessments related to Sunridge, City Project #99-36. The Finance Department has reviewed the request and concurs that the release of the letter 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 reduction of letter of credit. Mr. Ted Smoky, representing Flamingo Builders, explained his concern is if they release this letter of credit, the $6,900 the City is holding is not close to what they are doing regarding landscaping. He feels in his opinion that they are far enough along in discussion regarding the landscaping issue to have the landscaping issue in black and white regarding what the builders and developer are supposed to do. He wants to get the issue resolved. The issue they have now is, they as builders, come in and before they get a certificate of occupancy, they must escrow Regular Andover City Council Meeting Minutes - October 21, 2003 Page 5 $5,000 for each property. The landscape issue needs to be resolved with the developer before this can be released to the developer because the City is not holding enough money. Mayor Gamache stated as far as he understood this, they cannot hold this for landscaping issues because it goes to other issues. Mr. Dickinson stated the letter of credit is tied to the development contract and special assessment for public improvements that were put in. He talked with Mr. Smoky and he was looking for the report from the City Attorney which will be available at the fIrst meeting in November. He would have a lot of disagreement if they waited until that time to release it and the Council has the complete authority to release it. Mayor Gamache asked if this would serve the purpose they hope it would. Mr. Dickinson stated he did not think so. City Attorney Hawkins stated he read the wording in the letter of credit and it cannot be used for the landscaping issue. Mr. Smoky stated he did not want to hold the funds to use them for landscaping; it is just a way to get the developer to the table to get this issue settled. Mayor Gamache asked if the developer would be at the November meeting. Mr. Dickinson stated he did not know but he could contact him to try to get him to the meeting. Mr. Belting stated he assumed agenda item 24 was pulled. Mr. Dickinson stated the agenda he was given was a preliminary agenda and item 24 would be at the fust City Council meeting in November. Mr. Belting stated the second issue was they were told they would be receiving a report from the City Attorney and they have not received it yet so based on that fact, he would like this tabled until they receive the attorney's report. Motion by Jacobson, Seconded by Knight, to table item 13 until November 4, 2003 City Council meeting. Councilmember Orttel stated he did not recall authorizing a report but if there is a report they are basing something on, they can have a copy of it. Mr. Dickinson stated his department provided a significant amount of data to the City Attorney in order for him to do his analysis on this project and to give the analysis proper due, the City Attorney asked for more time. Councilmember Trude asked if they could defer this release. Mr. Dickinson stated they have the ability to assess the water bill to the taxes. Councilmember Trude asked if it was the attorney's advise to table this. City Attorney Hawkins stated he did not see any reason to table item 13 because he reviewed the letter of credit and the letter of credit will not give them the ability to solve any landscaping problems so they do not have any right to draw on this for any landscaping that was not put in. Motion carried unanimously. ~ Regular Andover City Council Meeting Minutes - October 21, 2003 Page 6 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Captain Jenkins stated the majority of their staff is rust responder trained and this is not a requirement. Captain Jenkins stated he would like to notifY the residents that they received seven more automated electronic defibrillators, which will enable all of their squads to have one available. Councilmember Trude stated lately people have gotten irritated with traffic on Crosstown and some people thinks it is related to the school. She has noticed there are two or three different speed limits within a two mile stretch and she wondered if this is something they are trying to get fixed with the County. Captain Jenkins stated this is confusing and he felt there should be one consistent speed limit for that area. Councilmember Trude asked if this was a good place to perform a speed study. Mr. Berkowitz stated there has been a speed study on the roadway and if a speed study is done again they cannot guarantee a lower speed limit. The Council discussed this item further before authorizing staff to do a speed study. Motion by Orttel, Seconded by Trude, to authorize staff to do a speed study on Crosstown Boulevard from Bunker Lake Boulevard to Hanson Boulevard. Motion carried unanimously. PUBLIC HEARING/SENIOR HOUSING REFUNDING BONDSlPRESBYTERIAN HOMES Finance Director Dickinson explained Presbyterian Homes of Andover is requesting a refinancing of the current Senior Housing conduit debt for the facility in Andover. The requested refInancing is an attempt to reduce debt service expenses for Presbyterian Homes and will not affect the current TIF district in place. All costs associated with the financing will be picked up by Presbyterian Homes. Councilmember Jacobson stated he was going to remove himself from discussion because his mother and mother-in-law both live in the building and he felt this would be a conflict of interest. Councilmember Orttel asked if this was a high dollar mortgage refInancing. Mr. Dickinson stated it was. Motion by Trude, Seconded by Orttel, to open the public hearing at 7:56 p.m. . Regular Andover City Council Meeting Minutes - October 21, 2003 Page 7 No one wished to address the Council. Motion by Knight, Seconded by Orttel, to close the public hearing at 7:57 p.m. Motion by Knight, Seconded by Orttel, to Approve the Attached Resolution Authorizing the Sale of Senior Housing Refunding Bonds for Presbyterian Homes of Andover. Motion carried 4 ayes, 1 present (Jacobson). (Resolution RI86-03) BUILDER REFUND REQUEST/BUILDING PERMIT FEES - REGAL TOWNHOMES Finance Director Dickinson explained Regal T ownhomes, Inc. has requested the City refund "double permit fees" that Regal paid related to a bank returned check that occurred in August 2003. Mr. Dickinson stated the bank has declared there was a bank error regarding the NSF check and there were funds in the account. Councilmember Jacobson stated what he understood was there was money in the account on August 25th and it was a bank error and that Regal was not aware of the mistake. Councilmember Knight asked what the reason was for the request for a double permit fee. Mr. Dickinson stated this was based on past decisions and current policies. Councilmember Orttel stated he thought the double permit fee was for people who did not have a permit to begin with. Motion by Trude, Seconded by Jacobson, to approve Regal Townhomes, Inc. request to refund double permit fees paid related to a NSF that occurred in August 2003. Mayor Gamache asked if the check should have been covered as indicated by the bank. Mr. Dickinson stated that was true. Motion carried unanimously. CONSIDER REZONINGILIMITED BUSINESS TO SINGLE FAMILY URBAN RESIDENTJALlBUNKER LAKE VILLAGE Community Development Director Neumeister stated the City Council is asked to review the proposed rezoning to allow the Bunker Lake Village project to move forward. Councilmember Jacobson asked Mr. Hanson who the present owner of the property is. Mr. Hanson stated the person who has the main title is Emmerich. Councilmember Jacobson asked if Mr. Hanson had permission &om the owner to rezone. Mr. Hanson stated he did have permission in Regular Andover City Council Meeting Minutes - October 21, 2003 Page 8 writing. Motion by Trude, Seconded by Orttel, to approve Item No. 26 (Consider RezoninglLimited Business to Single Family Urban Residential/Bunker Lake Village) based on the fact that times and conditions have changed. Motion carried unanimously. CONSIDER PRELIMINARY PLATIBUNKER LAKE VILLAGE/HANSON BOULEVARD NW AND 139TH LANE NW Community Development Director Neumeister explained the Council is asked to review a preliminary plat for Bunker Lake Village, a 41 lot urban subdivision. Mr. Neumeister explained the plan has been revised to combine the two previously proposed storm water ponds into one large pond at the northeast comer of139th Lane NW and proposed Eagle Street NW. Storm water drainage was reviewed both in the context of the development and the surrounding neighborhood. Mr. Neumeister stated this adjustment eliminated two homes from Block 1 to make room for the pond expansion. Two homes were added in Block 4 where the second pond was eliminated. The total number of homes remained the same. There are 41 proposed homes and an overall density of four units per acre. Councilmember Jacobson stated for the record, they brought up a concern that downstream there are some holding ponds and this development might add additional water to those ponds, causing problems in the houses. Since that discussion, the engineers have redesigned this and they are reassuring them that there will be no increased water or risk. Mr. Berkowitz showed the pond layouts and explained the changes and effects on the ponds. He explained Ponds A and B still need to be addressed and they are working with the developer of the Hills of Bunker Lake on that. Councilmember Jacobson stated he did not see anything about the monitoring well in the plans. If this is required to be put in, it should be shown. Mr. Berkowitz stated on the grading and erosion control plan, lot 11, block 2, shows the proposed monitoring well. Councilmember Jacobson stated this should say required and not proposed. Councilmember Jacobson noticed for the proposed Eagle Street and 139th, they have a monument sign for the development. It shows they only have one and asked if they want this sign where it is. Mr. Berkowitz stated they did work with the developer on site issues on Hanson Boulevard and it is located further back so it does not affect the site line. Mr. Hanson stated he would love to have it on Hanson but they are moving it because of site and safety issues to make sure there are no problems with site. Regular Andover City Council Meeting Minutes - October 21, 2003 Page 9 Councilmember Jacobson asked if there was any way Eagle Street could be moved any closer to Hanson to address the issue of it being so close to the house on 140th. Mr. Berkowitz stated they have addressed this concern and if they would be looking at a few feet, they could adjust this. Councilmember Jacobson stated he thought they were looking at five feet. Mr. Berkowitz stated they could work with the developer and homeowner on this. Councilmember Knight stated that comer really bothers him but he did not know what they could do about it. Mr. Berkowitz stated they could work with the developer. Discussion ensued in regard to Eagle Street and the close proximity to the home on 140th. Mr. Daniel Webber, 1556 140th Lane NW read ITOm the City Code regarding lots ITom the right-of- way. He stated the proposed Eagle Street would be considered a collector street so under current City Code there would need to be 330 feet. The spacing from the proposed Eagle Street to Hanson Boulevard is 120 feet. This is well below the current code and it needs to be considered. Mr. Webber stated there is not correct justification for the variances that are trying to be passed for this proposed Bunker Lake Village. Mr. Webber stated in item 27 it was discussed that staffhas asked that a through street be provided to conform to the transportation plan. 140tb Lane is not discussed in the city's current transportation plan. He stated there has never been a traffic study done on 140tb Lane either. The only intersection hot spot described in the transportation plan is 139th Lane and Hanson Boulevard. He stated the transportation plan does talk about traffic calming in residential areas. Mr. Webber read from the transportation plan regarding traffic calming and stated he did not like the proposed Eagle Street. He discussed this with the Planning Commission and provided Met Council plans for a cul-de-sac. Mr. Webber stated he is in favor of the proposed Bunker Lake Village rezoning but he is against the variances to allow the proposed Eagle Street to connect to 140th Lane. Councilmember Orttel stated sometime within the next two years they will be closing off 138th and 140th for left turns. Mr. Neumeister stated this was correct. He showed a map of the developments in the area explaining that if Eagle Street were to be a cul-de-sac, the traffic would have to flow throughout the entire developments to get to 139th to get out to Hanson. Councilmember Trude stated she did hear what was said but she was commenting that this seemed to be an improvement to the commercial and she did not respond to the traffic issues. Ms. Julie Martin, 1568 l40tb Lane NW, stated she owns the home next to the proposed Eagle Street and twenty-seven feet is not a large area. She asked what would eight more feet do. She stated this is not safe and it does not make sense to her. Regular Andover City Council Meeting Minutes - October 21, 2003 Page 10 Mayor Gamache stated the overall issue is to see how far over they can move this. The issue of the cul-de-sac is to evaluate what will happen. Councilmember Orttel asked how it would be for safety reasons, posting a no right turn onto Eagle Street from 140th Lane. Mr. Martin stated he had an issue with that because if someone is coming out of Eagle Street onto 140th Lane taking a left, they will still get hit because people going onto 140th Lane fly down the road. Ms. Martin proposed they put a decent fence up along her property. Mayor Gamache stated trees were proposed for this on the development plan. Mr. Neumeister stated they could try to compromise and move the center of the street five to eight feet west. Mr. Berkowitz stated they would work with the developer to work on the shifting of the road and the possibility of widening the right-of-way at that location. Councilmember Knight asked if there will eventually be a right turn lane put in on Hanson Boulevard to 140th. Mr. Berkowitz stated there would be. Mr. Martin stated most of what has been talked about dictates what is going on in the development, not what is going on in the neighborhood. He stated the first block of the neighborhood is what will be affected by the new development. Everyone else already has their driving patterns down. Councilmember Trude stated that if they sent a flyer out to their neighborhood, they would have a packed house because that neighborhood is very organized. Councilmember Orttel stated that he thought the homes they would be driving by in the neighborhood would be immensely offended by the added traffic. Mr. Martin stated they are only talking about six to eight houses, Mayor Gamache stated if the proposed Eagle Street was closed off as a cul-de-sac, they would have a lot more traffic driving through the neighborhood to get out of the neighborhood. Mr. Neimeister showed a map of the neighborhood and a traffic route that would occur if proposed Eagle Street were a cul-de-sac. Discussion ensued in regard to traffic going through the neighborhood if the proposed Eagle Street were a cul-de-sac. Mr. Erar stated there are two issues. The first is Eagle Street connecting to 140th Lane and he thought this had been reviewed extensively by the Transportation Department and at the Planning Commission level and the Councillevel. He thought they have taken a lot oftirne evaluating the proposed Eagle Street. The second issue has to do with the alignment of Eagle Street onto 140th and he thought they might be able to push the centerline further to the west and they couJd probably work with the developer to look at some type of structure to provide more protection ITom the street to the house. He stated it has been discussed and agreed that the proposed Eagle Street is a necessity. Regular Andover City Council Meeting Minutes- October 21,2003 Page 11 Councilmember Knight asked if they had a service Road off of Hanson, how far off Hanson would it need to be. Mr. Berkowitz stated it depends on the circumstances. Councilmember Knight asked for that length ofroad, if they could install a service road because the problem they have is they are sacrificing this home for the development. There was additional discussion relating to installing a service road connecting Eagle Street to 140th Lane. Councilmember Trude stated she would like staff to review the tree landscaping to make sure they do not have too few trees in the development. Councilmember Jacobson stated he is concerned with the landscaping for each lot and he wondered if this should be in the development contract or in the conditional use permit to have the landscaping installed before they can get a certificate of occupancy. Mr. Berkowitz stated they are reviewing that issue and anything with a PUD would be put in the development contract. Motion by Jacobson, Seconded by Orttel, to approve the Preliminary Plat for Bunker Lake Village subject to the conditions of the attached resolution with the iterns discussed and to work with staff on moving Eagle Street as far to the west as reasonable and to eliminate item 14 in the Resolution. (Resolution RI87-03) Councilmember Knight asked if the tree screening would be adequate. Mr. Hanson stated he mentioned to Ms. Martin that he will do anything she wants for additional screening. He stated the number of trees in the preliminary plat is the minimum and they usually add more trees than listed. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMITIPLANNED UNIT DEVELOPMENT/BUNKER LAKE VILLAGE Community Development Director Neumeister explained the Council is asked to review a Conditional Use Permit request to develop a Planned Unit Development consisting of 41 single family homes on approximately ten acres. Approval of the conditional use permit will allow the development to be constructed according to alternative development standards created specifically for this development. Councilmember Trude asked on the monitoring well that was discussed, would there be a well house for this, Councilmember Orttel stated it was a little pipe that sticks out of the ground and would not require a building. Councilmember Trude stated she was concerned with the townhomes' exterior maintenance being maintained. Mr. Hanson stated these are not considered townhomes; they are association maintained single family homes and they have put together information regarding the Association and how it will be handled. He stated they will be using materials that will be longer lasting than normal. Regular Andover City Council Meeting Minutes - October 21, 2003 Page 12 Councilmember Trude stated she was thinking of the insurance aspects of this. How can they ensure that if damage would be done to a house, it would be replaced with the same materials as the others. Mr. Hanson stated that if they pick more neutral colors, there is always something that is close and there will be in the documents that anything that is replaced needs to meet the original specifications and colors, assuming the colors are available or as close as possible. Any replacement of roofing or siding would have to be approved by the committee that would be in control at that moment in time. Councilmember Jacobson stated they have not done this before but once the covenants and articles have been filed and the Association takes over, by vote of the owners, they can change anything they want and disband and it is up to the Association members and out of the hands of the City. He proposed they require they have the money put aside for the exterior maintenance and let the actual homeowners decide once they take over if they want to drop that or not. Councilmember Orttel stated the best thing they can do is to have a quality builder because they attract quality owners. Councilmember Knight stated regarding PUDs what is occurring is they are starting to have crowding and he thought this was something to think about. Councilmember Trude stated some of the homes' backs will be facing Hanson and she wondered if there would be some regulations regarding outdoor storage or accessory buildings. Mr. Hanson stated the homeowners will not be allowed to have outside storage or accessory buildings because they will have adequate garage and basement storage. He stated there will be some regulations. Councilmember Jacobson stated in the Resolution on the second page, it states items A and B would be included. He wondered where item B was. Mr. Neumeister stated he was not familiar with item B. Mr. Hanson stated item B was the sheet that was handed out. Mr. Neumeister stated they should make this part of the record. Councilmember Jacobson asked if they wanted item B. Councilmember Trude asked City Attorney Hawkins if they have a way of dealing with issues that can come up with Associations. City Attorney Hawkins stated they are required to put into the covenants that the City has the right to enforce and bring legal action forward to make them come in compliance with code. Councilmember Jacobson asked what happens if the covenants are disbanded. City Attorney Hawkins stated they could put into the covenants that they cannot disband without the City's approval. Motion by Orttel, Seconded by Gamache, to approve the Conditional Use Permit subject to the conditions of the attached resolution. (Resolution R188-03) Councilmember Jacobson asked for clarification on the Resolution regarding items A and B. He asked if the item handed out by Mr. Hanson could be a legal item B if the Resolution was written this Regular Andover City Council Meeting Minutes - October 21, 2003 Page 13 past week and Item B was handed out at the meeting. Mr. Neumeister stated he did not have a good answer for them and he did not know why it was not in the packet. Councilmember Trude asked City Attorney Hawkins ifhe had a chance to look at the handout and if he would have concerns with this. City Attorney Hawkins stated he did review this and he thought the homeowner would take better care of it than the Association would. He thought the language at the end of it that indicates that if they do not do it they can go ahead and perform the work and licn it. If the Association does not enforce it, then they have the ability to enforce it so they have plenty of mechanism there to make sure this does not become a blighted area. Motion carried unanimously. UPDATE OF COON CREEK CORRIDOR TRAIV03-8 City Engineer Berkowitz stated this item is an update of the status of the trail location along Coon Creek west of Hanson Boulevard NW. Mr. Berkowitz stated the County will not allow the City to construct a trail along the Coon Creek Corridor. Mayor Gamache asked how much of an area would they include. Mr. Berkowitz stated they would invite the impacted properties. He stated presently there is an easement over the property but it is not designated for a trail and in order to install a trail there, the easement would need to be designated as such. Discussion continued in regard to the area proposed for the trail. Mr. Berkowitz showed a map of the area and discussed the reasons why they need a trail in that area. Councilmember Orttel stated he understood the landfill was further away from Coon Creek at this site and he wondered ifhe could have the elected State Officials look into this. Mr. Berkowitz stated they did meet with Jean Hanson who does administer the WDE site regarding safety issues and they were adamant that they would not allow a trail on that site. Councilmember Trude wondered if they put the trail in and if the WDE would need access, they would have a "hold harmless" clause on the property. Mr. Berkowitz stated there were more issues regarding this than what was in the letter and the WDE would fight the construction of a trail. ~ II-~-ó!> Motion by Jacobson, Seconded by Trude, to ]3rg\:~~Q n~th the-proj€~schedule a neighborhood meeting with the residents where the trail easement is necessary. Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 21, 2003 Page 14 ROUND LAKE STUDY/03-J]IDISCUSS PERMANENT STRUCTURES AT BEA VER DAM City Engineer Berkowitz explained at the July 1,2003 City Council meeting, the Council authorized staff to review the impacts a permanent structure near the beaver dam (Elderado Street NW) may have on the adjacent properties. Discussion followed. Motion by Orttel,Seconded by Jacobson, to authorize staff to move the project forward by applying for the LRRWMO permit and soliciting quotes for the permanent structure to be brought back at the first meeting in November and try to have the Lower Rum River Water Management Organization contribute towards this and not to exceed $13,000.00. Motion carried unanimously. APPROVE RESOLUTION PRE-97 INTEREST FUNDS TRANSFER City Administrator Erar noted staff has negotiated land acquisition terms and conditions of purchase for property owned by Mr. Ken and Mary Ann Slyzuk for the future expansion of Public Works and other related governmental operations. Discussions, pursuant to previous Council direction, have also included the City's interest in the remaining property owned by Mr. Slyzuk of approximately 14 acres. The land purchase agreements reached with the property owner are reflective of the updated market appraisal completed on March 25, 2003. Staffwas successful in negotiating purchase agreements for all the property owned by Mr. Slyzuk representing approximately 29 acres ofland. Mr. Erar explained they have received the survey from the City Attorney and there are some slight changes to the acreage. The fust parcel is actually 8,01, the middle parcel is 6.48 and the last parcel is 13.86. Finance Director Dickinson explained interest earnings prior to July 1, 1997 in tax increment fmancing funds are not classified as increment revenue to the TIF funds. Accordingly, those interest earnings should not be recorded in the TIF funds and can be transferred out and used at the City Council's discretion. Motion by Knight, Seconded by Trude, to approve the attached resolutions authorizing the aforementioned transfer request. (Resolution R189-03 & R190-03) Councilmember Jacobson asked if they have $850,000 available now, if they are looking at the eight acres now and an option on seven acres, would it be more prudent to ask Mr. Slyzuk to sell both now to avoid any price increase in the future. Mr. Erar stated he did negotiate this with Mr. Slyzuk and it is his intent to continue to fann the seven acres until 2008. Mr. Dickinson stated the access to the $440,000 to close the fIrst part of the deal is not necessarily readily available to purchase more land. Regular Andover City Council Meeting Minutes - October 21, 2003 Page 15 Councilmember Knight asked as they plan for the future purchase, where would the remaining money come from. Would it be more TIF interest? Mr. Dickinson stated this would take care of the TIF interest and if some projects are not reimbursed ftom bonds, these funds will be needed to pay for those expenses. Councilmember Knight asked how much land the City owns. Mr. Erar stated he did not know off the top of his head but he could check on it and get back to the Council. Mr. Erar stated this was all part of the Council's strategic planning and contributes to the future planning of the City. Motion carried unanimously. APPROVE LAND PURCHASE CONTRACTSlSLYZUK FARMS This item was discussed in the previous item along with item 15. Motion by Trude, Seconded by Orttel, to approve the land purchase agreements as presented. Motion carried unanimously. The City Council recessed at 9:45 p.m. The City Council reconvened at 9:50 p.m. SCHEDULE CITY COUNCIL WORKSHOPIMISCELLANEOUS BUSINESS Motion by Orttel to schedule the monthly Council workshop for Tuesday, October 28, 2003 at 7:00 p.m. Councilmember Jacobson stated he is not available on that date. Councilmember Trude asked if they should have the meeting without him. Councilmember Knight thought there were some issues they needed the entire Council there for. There was not a second for the motion so it failed. The Council discussed different nights to meet and Councilmember Orttel asked if Thursday, November 6, 2003 would work. The consensus of the Council was to meet on November 6, 2003. Motion by Orttel, Seconded by Knight, to schedule the monthly Council workshop for Thursday, November 6,2003 at 7:00 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 21, 2003 Page 16 Mr. Erar stated in regard to the County Transportation meeting, he talked to Mr. Doug Fisher, County Engineer, who said he would probably not be able to get any County Commissioners together until the fIrst or second week of December. Councilmember Trude wondered if they could have the meeting during the day when the Commissioners work. Councilmember Orttel stated he did not care if they had to meet with them during the day but he would like to have the Chairman at the meeting if possible. The Council discussed dates in December they would be able to meet if they could not meet during the day. The Council thought the sooner in December was better because of the holidays. Council thought December 4th would be the best day to meet. MAYOR/COUNCIL INPUT (Annual Fire Department Spaghetti Dinner) - Mayor Gamache stated the annual Fire Department Spaghetti Dinner will be November 12,2003. (Donations for Prairie Knoll Park) - Mayor Gamache stated in one of the Resolutions accepting donations for Prairie Knoll Park, he wanted to thank E. H. Renner and Sons for donating the hydrants and also Connexus Energy. He also wanted to thank the Associations for all the work they put in and the efforts of City staff and all the work they have done to get it in under budget. Councilmember Trude understood Mr. Scott W old personally purchased a number of materials used in the project and he should get a notice of contribution, which probably exceeded all of the others. (Old Train Station) - Councilmember Jacobson stated quite some time ago they asked staff to look at the old train station on Andover Boulevard and he has not heard anything since the request. Mr. Neumeister stated the building department went out to look at this and there was someone that was temporarily living there and they were evicted. Councilmember Trude stated there are still people living there. Mr. Neumeister stated he would have the Building Department check on this again and he will get back to the Council. (Landscaping Business Update) - Councilmember Knight asked what happened to the person with the landscaping business on County Road 9. Mr. Neumeister stated the City Attorney staff is prosecuting him at this time. City Attorney Hawkins stated there was an injunction issued to shut the operation down so he should not be operating. Mr. Neumeister stated they would check on the status of the business and get back to the Council on this. (Bunlœr Park Newsletter) - Councilmember Trude commented on the newsletter regarding what is happening at Bunker Park. A lot of things have been happening there regarding improvements and it - Regular Andover City Council Meeting Minutes - October 21, 2003 Page 17 is really impressive. (Bunker Lake Boulevard Medians) - Councilmember Orttel thanked County Commissioner Lang for getting the crew out to clear the medians on Bunker Lake Boulevard. Motion by Orttel, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 10:01 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary -