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HomeMy WebLinkAboutCC September 2, 2003 C'.-~ CvQ.../ S'\NDOVËR4J ~ (J-lfD-63 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, September 2, 2003 Call to Order - Following EDA meeting scheduled at 6:00 p.m. Pledge of Allegiance Resident Forum a. Special Assessment Payment/Ed Hamilton b. Legislative Update/Representative Kathy Tingelstad Agenda Approval I. Approval of Minutes (8119/03 Regular Meeting) 2. ProcIamationillomestic Violence Awareness Month Consent Items 3. Approve Payment of Claims - Finance 4. Order Plans & Specs/03-]lPrairie Knoll Park/Well Construction - Engineering 5. Approve Plans & Specs/03-3 ]/EVP Systems (Hanson Blvd. & Bunker Lk. Blvd., Round Lk. Blvd. & Bunker Lk. Blvd., CSAH 7 & Bunker Lk. Blvd.) - Engineering 6. Approve Final Plat/City View Farm - Planning 7. Approve Temporary Liquor LicenselLions Club - Clerk 8. Approve City Code Amendment/ Custom Grading of Rural Lots less than 2.5 Acres Buildability- Planning 9. Approve Final Rural Reserve Selection/Areas North of ]6]" AvenuelPeterson-Emmerich -Planning 9.a. Appointment Recommendation-Community Development Department- Administration Discussion Items 10. Public Hearing/Vacation ofEasement/15575 Bluebird Street NW - Engineering/Planning II. Public HearinglIncrease On-Sale Intoxicating Liquor License Fees - Clerk ] 2. Consider Land Swap Request/W oodland Development - Planning 13. Consider Preliminary Plat/Andover Clocktower Commons - Planning 14. Consider Special Use Permit/Andover Clocktower Commons - Planning ] 5. Consider Fina] Plat/Andover Clocktower Commons - Planning ]6. Consider Amendments to City Codeffitle ]], 12 & 13/Rural Reserve - Planning ] 7. Consider Residential Sketch Plan/13 74 ] 6]" Avenue NW - Planning Staff Item 18. Set Truth in Taxation Hearing Date - Finance ]9. Approve Resolution Modification/Authorizing P]R FundinglPrairie Knoll Park - Finance 20. Adopt 2004 Preliminary Tax Levy & Proposed 2004 Budget - Finance Mayor/Council Input Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 2,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .....................................................................................................1 RESIDENT FORUM ..................................................................................................................1 Special Assessment Payment/Ed Hamilton ...........................................................................2 Legislative Update/Representative Kathy Tingelstad ............................................................2 AGENDA APPROV AL .............................................................................................................3 APPROVAL OF MINUTES.......................................................................................................3 PROCLAMA TION/DOMESTIC VIOLENCE AWARENESS MONTH .................................3 CONSENT ITEMS Approve Payment of Claims ..............................................................................,..................4 Resolution R152-03 ordering Plans & Specs!03-I/Prairie Knoll Park/Well Construction....................................................,................................................................4 Resolution R153-03 approving Plans & Specs!03-31/EVP Systems (Hanson Boulevard & Bunker Lake Boulevard, Round Lake Boulevard and Bunker Lake Boulevard, CSAH 7 and Bunker Lake Boulevard) ........................................................................................4 Resolution R154-03 approving Final Plat/City View Farm .................................................4 Approve Temporary Liquor License/Lions Club..................................................................4 Approve Final Rural Reserve Selection! Areas North of 16151 A venue/Peterson- EmmericM APPROVE CITY CODE AMENDMENT/CUSTOM GRADING OF RURAL LOTS LESS THAN 2.5 ACRES BUILD ABILITY Approved ...............................................................................................................................4 HIRING OF ASSOCIATE PLANNER Approved ...............................................................................................................................5 PUBLIC HEARINGN ACA TION OF EASEMENT/I 5575 BLUEBIRD STREET NW Motion to approve (RlS5-03)................................................................................................5 PUBLIC HEARING/INCREASE ON-SALE INTOXICATING LIQUOR LICENSE FEE Motion to approve..................................................................................................................6 CONSIDER RESIDENTIAL SKETCH PLAN/I374 161 ST AVENUE NW .............................7 CONSIDER LAND SWAP REQUESTIWOODLAND DEVELOPMENT ..............................10 CONSIDER PRELIMINARY PLAT/ANDOVER CLOCKTOWER COMMONS (RES. R156-03) ....................................................................................................................................................11 CONSIDER SPECIAL USE PERMIT/ANDOVER CLOCKTOWER COMMONS (RES. R157-03) ....................................................................................................................................................13 CONSIDER FINAL PLAT/ANDOVER CLOCKTOWER COMMONS (RES. R15S-03) ......13 CONSIDER AMENDMENTS TO CITY CODFfllTLE 11, 12 & 13/RURAL RESERVE .....14 SET TRUTH IN TAXATION HEARING DATE......................................................................15 APPROVE RESOLUTION MODIFICATION/AUTHORIZING PIR FUNDING/PRAIRIE KNOLL PARK Motion to approve Resolution R159-03 ................................................................................15 ADOPT 2004 PRELIMINARY TAX LEVY AND PROPOSED 2004 BUDGET (RES. R160-03) ......................................................,.............................................................................................15 RESOLUTION R161-03 CANCELLING ALL OR A PORTION OF CERTIFIED BONDED , , INDEBTEDNESS FOR 2004............ ......... ...... ........................ ......... ............ ...15 MAYOR COUNCIL INPUT Invitation from Principal at Crooked Lake School for Picnic ...............................................16 Budget Cuts ...........................................................................................................................16 Council W orkshop .................................................................................................................16 Preliminary Plat Size copies .................................................................................................16 Recycle Day and Community Business Golf Tournament ....................................................16 ADJOURNMENT .......................................................................................,..............................16 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755·8923 . WWW.CI.ANDOVER.MN.US REGULARANDOVER CITY COUNCIL MEETING -SEPTEMBER 2,2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 2,2003,7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councílmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Lvle Bradlev - 15202 7th Avenue - complimented the City Council on all the work they have done to make the community all it is. 7th A venue has been reconstructed and it infuriates him that people are speeding while workers are constructing the road. The speeding has been enormous and two of his neighbors have been killed in the past because of accidents on 7th. He understood the City Council did not have the primary responsibility for speed limits but the Council could probably do some pushing to get the speed limit lowered and if the City Council needed support from the residents in the area, he could get many residents for support. Mayor Gamache asked if the main goal is to reduce the speed to less than 55 mph or try to get the people to slow down. Mr. Bradley stated they cannot appeal to people to drive the speed limit. He thought there should be a sheriff patrolling the area more often. Councilmember Trude stated it sounds like it is the people who live in the area who are speeding through to get home and they need to prevail on people to slow down and to respect the people on the roadway. Mr. Bradley stated the majority of people are concerned and slow down but some people do not realize they are speeding. There has to be a better routine on this. Councilmember Trude stated they may need to have the sheriff sitting at construction sites while the work is going on Councilmember OrtteI thought it was the law to drive ten miles under the speed limit in a construction zone. Mr. Berkowitz stated he would contact the Sheriff's Department to increase their Regular Andover City Council Meeting Minutes - September 2, 2003 Page 2 patrol in the area but he thought the possibility oflowering the speed limit was nonexistent. Ed Hamilton - Special Assessment Pavrnent - Mr. Hamilton requested the City Council at the August 19,2003 council meeting to release Letter of Credit #98-40 for developer improvements related to the Hamilton Square commercial development (City Project #97-26). The current amount of the LOC is $5,369.23. Mr. Dickinson explained the Finance Department has reviewed the request by Mr. Hamilton and does not recommend the letter of credit release. The staff recommendation is based on criteria established by the City Council at the April 17, 2001 meeting. The LOC calculation set forth is computed on 35% of the outstanding principal (approximately $90,211) on special assessments of Hamilton Square, which equates to $31,574. The LOC release requested by Mr. Hamilton is not recommended by the Finance Director and would be at the discretion of the City Council. Councilmember Jacobson asked if this was the third or fourth request. Mr. Dickinson stated he was not sure but he thought it was either the third or fourth and would be the last one if approved. Mr. Dickinson stated there are not any other liens on the property. Motion by Trude, seconded by Knight to reduce the letter of credit by $5,369.23. Motion carried 4 ayes, 1 nay (Jacobson). Legislative Uwate/ReDresentative Kathv Tingelstad Representative Tingelstad updated the City Council on the Legislative activities that took place during the last session. Representative Tingelstad explained some of the big issues in this area were education, environment and transportation. Councilmember Trude thanked Representative Tingelstad for all the work she has done and she stated they met the other night with the County and talk about the commuter rails came up and she asked how the Northstar Rail will work. Representative Tingelstad explained to the Council and residents how the Northstar commuter rail will work for the northern area. Councilmember Jacobson stated Representative Tingelstad mentioned what the legislature did for District 11 and they came out in fairly good shape but he heard a rumor that they are going for another levy for a maintenance bill which is quite a considerable amount. Representative Tingelstad stated the only thing she has heard is what she read in the paper last week which would be a levy they Regular Andover City Council Meeting Minutes - September 2, 2003 Page 3 would put to the voters as a possibility. She thought it was a ten year plan to invest in the buildings so they do not have to deal with expensive repairs. Councilmember Jacobson hoped the Legislature does not mess with the levy caps, let that expire, don't extend that and let them capture their own new housing. Representative Tingelstad stated she would do her best. Mayor Gamache thanked Representative Tingelstad for her courage to carry the idea of the Northstar Commuter Rail. She has done a good job to make it a reality. AGENDA APPROVAL Add Item 9a, (Hiring of Associate Planner). Remove from Consent Items for discussion Items 8, (Approve City Code Amendment/Custom Grading of Rural Lots less than 2.5 Acres Buildability); and Item 9a, (Hiring of Associate Planner). Councilmember Jacobson stated in item six, there is supposed to be a monument sign but it does not show up on the plat and he was told it was a side agreement and was wondering if this was the way to handle this. City Attorney Hawkins stated a sign easement cannot be put on a plat. This is normally done on a separate document that would have to be granted for the easement. Councilmember Trude stated there is an error that staff will correct. Motion by Knight, seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 19, 2003, Regular Meeting: Correct as written. Motion by Knight, seconded by Trude, approval of Minutes as indicated above. Motion carried 4 ayes, I present (Jacobson). PROCLAMATION/DOMESTIC VIOLENCE AWARENESS MONTH Mayor Gamache explained as part of the effort by Alexandra House to bring awareness to this growing community problem, they have asked that the City Council consider proclaiming October as Domestic Violence Awareness Month. Mayor Gamache proclaimed October as Domestic Violence Awareness Month and he read the proclamation. Regular Andover City Council Meeting Minutes - September 2, 2003 Page 4 CONSENT ITEMS Item 3 Approval of Claims Item 4 Order Plans & Specs/03-1/Prairie Knoll Park/Well Construction (See Resolution RI52-03) Item 5 Approve Plans & Specs/03-31ÆVP Systems (Hanson Boulevard & Bunker Lake Boulevard, Round Lake Boulevard & Bunker Lake Boulevard, CSAH 7 & Bunker Lake Boulevard (See Resolution RI53-03) Item 6 Approve Final Plat/City View Farm (See Resolution RI54-03) Item 7 Approve Temporary Liquor License/Lions Club Item 9 Approve Final Rural Reserve Selection! Areas North of 16151 A venue/Peterson- Emmerich Motion by Jacobson, seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE CITYCODEAMENDMENT/CUSTOMGRADING OF RURAL LOTS LESS THAN 2.5 ACRES BUILDABLlTY This item follows the discussion from the City Council Worksession held on August 25,2003 to reduce the buildable area requirement fÌ"om 22,500 to 3,600 square feet for rural lots and to simplifY this section of the City Code. Through the course of this discussion it has become apparent that the current code section is too cumbersome to be easily interpreted. Staffhas prepared a City Code amendment that restructures the existing language of this ordinance to make it more user friendly. Included in this amendment is a provision that would allow existing rural lots that are less than 2.5 acres in size to utilize the 3,600 square foot buildable area requirement as previously discussed. Councilmember Jacobson stated the reason he had this pulled was there was a resident at the meeting who had a couple of questions and comments that they would like to address. Mr. Pat Bray, 17032 Valley Drive NW stated he was at the meeting a couple of months ago and some of the requirements for buildability were changed. He stated next to his property there is going to be a cul-de-sac built and he had some questions regarding item E in the City Code. He wanted to know what the original wording was. Community Development Director Neumeister explained some of the wording was pulled out to make the wording easier to read but it is the same meaning. Motion by Orttel, seconded by Jacobson, to approve item 8 as presented. Motion carried unanimously. Regular Andover City Council Meeting Minutes - September 2, 2003 Page 5 HIRING OF ASSOCIATE PLANNER Councilmember Knight stated he asked to have this pulled because he was concerned with the salary. City Finance Director Dickinson explained this would be the same salary range as the other Associate Planner was making. Councilmember Trude asked if there would be any budget impact with this. Mr. Dickinson stated there would not be. Mr. Neumeister stated the position would start at the bottom of the range and in six months it would be looked at for an adjustment in that range. Motion by Knight, seconded by Jacobson, to approve the hiring of Andrew Cross as Associate Planner. Motion carried unanimously. PUBLIC HEARING/VACATION OF EASEMENT/I5575 BLUEBIRD STREET NW Community Development Director Erar explained the City Council is asked to hold a public hearing to consider vacating an easement on the above referenced property. The property owner has requested that a portion of the existing drainage and utility easement located in the rear year be vacated to allow the installation of an in-ground swimming pool. The portion of the easement to be vacated measures approximately 80 feet in length and between five feet and nine feet in width. The current width of the easement is 20 feet. Mr. Neumeister explained a retaining wall measuring between one and three feet in height will separate the pool from the drainage area. A licensed engineer has submitted plans to excavate a portion of the area for the pool while slightly increasing the volume of the storm water retention area on the property. The Engineering Department has reviewed the proposed vacation of easement and has determined that vacating this portion of the easement along with the construction of the pool will in no way negatively affect drainage on this property or surrounding properties. Mr. Neumeister stated an as-built survey will be required to be submitted after grading is complete and will be inspected by staff before a building permit for the pool is granted. Additionally, a silt fence will be required to be installed around the area during construction to prevent erosion. These items have been included as conditions in the Resolution. Residents in this area have expressed concern regarding storm water drainage within this easement. The engineering department has assured that the drainage easement is working the way it was designed. Councilmember Trude stated it seems like retaining walls help channel water and the way this is angled, it is angling all of the water that is going to come down the slope of that yard which is quite a steep slope and would go onto the neighbor's property, which would be a great impact. City Regular Andover City Council Meeting Minutes - September 2, 2003 Page 6 Engineer Berkowitz stated the consultant engineer for the residents submitted a plan showing the reduction and increase in volume of the rear yard drainage area. Through the plan and the cross sections they do not show any adverse effect to the flow on the surrounding property. CounciImember Trude asked what the height of the wall would be. Mr. Berkowitz stated it appeared to be four feet. Motion by Knight, seconded by Jacobson, to open the public hearing at 7:48 p.m. Motion carried unanimously. Mr. Dan Fairbanks, 15575 Bluebird Street NW, explained how the retaining wall would work to drain the water ITom his and the neighboring properties. Councilmember Trude thought he was in a low area with a wetland. Mr. Fairbanks stated his major concern is ifhe would be harming the neighbors by raising the water level in the area and he wants to make absolutely sure he has no impact on his neighbors. He stated he ended up lessening their water by taking on more water on his property. Motion by Knight, seconded by Orttel, to close the public hearing at 7:51 p.m. Motion carried unanimously. Councilmember Jacobson asked Mr. Berkowitz if there was any danger of the drainage going into the pool. Mr. Berkowitz stated it appears that the water is set up to drain away from the pool. Motion by Knight, seconded by Orttel, approve the Vacation of Easement at 15575 Bluebird Street NW and to have the homeowner hold the City harmless if water runs into the pool. Motion carried unanimously. (Resolution RI55-03) PUBLIC HEARINGffNCREASE ON-sALE INTOXICATING LIQUOR LICENSE FEES City Finance Director Dickinson explained a public hearing has been scheduled to discuss increasing the On-sale Intoxicating Liquor License Fee. State Law requires a public hearing be held, after a 30 day notice is published in the newspaper and notification to the interested parties is made, if a city increases on-sale liquor license fees. At the present time, the liquor license fee is $4,000 per year. Staff recommends an increase to $5,250 per year. In 1994, the fIrst year on-sale liquor licenses were issued, the fee was $3,500 per year. The fee was increased to $4,000 in 1995 and has remained the same since that time. An increase in fees would add $1 ,250 per establishment to the budget. At the present time there are three businesses that this would affect. Regular Andover City Council Meeting Minutes - September 2, 2003 Page 7 Councilmember Trude stated she understands this is being looked at because of the cost to enforce and maintain a liquor license for the City. Mr. Dickinson stated this was true. Motion by Jacobson, seconded by Knight, to open the public hearing at 7:55 p.m. Motion carried unanimously. No one wished to address the City Council. . Motion by Knight, seconded by Jacobson, to close the public hearing at 7:55 p.m. Motion carried unanimously. Mayor Gamache stated looking at the information that was provided, the increase to $4,000 was eight years ago and the City has incurred significant increases in costs related to liquor licensing. Motion by Jacobson, seconded by Trude, to approve increasing the on-sale intoxicating liquor license fee to $5,250 for 2004 based upon information provided by the Anoka County Sheriff's Department on calls to liquor establishments to the City, the volume and the increased costs thereo( Councilmember Orttel stated it is fair to comment that in general most of the calls were typical business calls. Motion carried unanimously. Councilmember Jacobson asked if they could move Item 17 up in the agenda to accommodate the residents waiting in the audience. Consensus of the Council was to move Item 17 up in the agenda. CONSIDER RESIDENTIAL SKETCH PLAN/1374 I6IsT AVENUE NW Community Development Director Neumeister explained the City Council is asked to review a residential sketch plan for the subject property. Tbe proposed project is located in an R-l, Single Family Rural Residential Zoning District. A rezoning to R-4, Single Family Urban Residential, will be necessary to process a formal plat. Councilmember Jacobson asked on the north end of the plat where the cul-de-sac is, why this was shown as a cul-de-sac. He thought there was a road easement going north out of there. Mr. Neumeister stated the developer is requesting the north six acres be held for a future development and at this point, that cul-de-sac would be the termination of this development. Councilmember Jacobson asked if this would be a temporary cul-de-sac. Mr. Neumeister stated that was correct. Councilmember Trude asked if staff has looked at the plans for parks. She stated they need flat land to put a playground or other activities in. Mr. Neumeister explained he talked to Mr. Hass and was referred to the subdivision regulations that talks about the dedicated lands for parks. He Regular Andover City Council Meeting Minutes - September 2, 2003 Page 8 read from the regulations. Councilmember Knight stated when this gets built, there is on1y a matter oftime when the residents start complaining about the speed in the development because the roads are straight through and he does not know what they can do about it. Councilmember Trude stated she was concerned about where the park was proposed by the developer because the Park Commission stated both times in their meetings that they did not want the park in the B6rt1,~m area of the development. w1\..ul/ud {\ -10-03 $ðLL\,\,Ct-I"" Mr. Quigley discussed his plans for the park and showed on the plans where he would like the park to be located. Mr. Paul Mohs, 15709 Drake, addressed the Council regarding the park and stated he and Mr. Jeff Cook met with Mr. Bednarz regarding the park because they both border the area where the proposed park will be. They discussed the area where the developer would like the park to go because at the Planning Commission meeting it was stated that both homeowners had rejected any offers to allow a path through that area, which was a surprise to them because no one had met with either of them regarding this. They talked to Mr. Bednarz and told him they would be open to discussing the ability to have a bike or walking path put in between the two properties and they would work with the City on that. He stated it is not something they would be against. Councilmember Trude stated when she looked at the recent August 7, 2003 Park and Recreation minutes, they had to correct the minutes from the meeting before because it did not have all of the motions correct. The motion was made and seconded to recommend lots four and five be used for the park with a trail on the south end connecting to Drake Street and it passed unanimously. She explained they were looking at a park in a flat visible area but they also were recommending a trail because the streets do not connect in the area and the kids &om one neighborhood to another need access but it does not mean they have to put a park there to get a trail. Mr. Jeff Cook, 1389 156th, stated when they talk about the size of the park, they need to remember that the entire property is landlocked. He stated this park needs to service this entire development because they do not have any bike trails to get anywhere else. The size of this park does matter because the kids do not have anywhere else to go and the park needs to be adequate in size and accessible which is part of the reason he and his neighbor are willing to discuss with the City a trail in between their homes. Mr. Quigley stated the way everything is developed around there, it is difficult to do anything on the north end with the exception of what was shown on the map. Mr, Jim Avis, I 59th and Crane, explained his concern was if they put the park in the comer, they will have more traffic in the area and there will be more accidents because there are not any stop signs. He is concerned with the speed and traffic. Mayor Gamache stated with the addition, they Regular Andover City Council Meeting Minutes - September 2, 2003 Page 9 may see stop signs installed on I 59th A venue to mitigate the traffic concerns. Mr. Berkowitz stated in the future they would place stop signs on 159th and a few other areas in the development. Mr. A vis stated it they put the park in there, there is not anything in the area and it would be easier to install a trail now. Councilmember Trude stated she thought it would be helpful to have the Park Commission's plan to see what they wanted. She thought their goal and what they wanted to see in the park would help the Council. Mr. Cook stated the park would not serve anyone to the south of Drake. The park would be serving the neighborhood between Constance and Drake. Councilmember Jacobson stated he would like to see the park further to the north so when the ghost plat to the east comes in, there will be a bigger park to the north and if the property owners to the south want to give a trail easement, it would allow the kids to get up to the park to the north. Mr. Cook asked if the park was to the north, would they need to lengthen the cul-de-sac to accommodate future development further to the south. He wondered if there was a way to figure out the entire development before a decision was made so there would not be all the piecemeal that is being done. A resident who did not give her name, 15668 Drake Street, explained along Drake Street there are many . s and she asked that when they do put a park in to make access from all areas because it i íf'roÌig ~y to walk for access to the park. Councilmember Trude stated a trail was part of the Park recommendation. CUì'-.l i u::Lu:! "-) -\(,:0-03 Another resident stated she lived in a city that had trails connecting everything and it was a great way to get places. She thought a trail around the entire development would make a huge difference. Mayor Gamache stated his concern was the next lot and he did not think they could bank on getting more land ITom the next development. Councilmember Trude thought it would be helpful to look at the topography of the area to the south of the development. Councilmember Knight stated the trail has to take the school into consideration just as much as the park. Mr. Quigley stated the topography is on the sketch plan and depicts the entire piece so there should not be any questions on the land. Councilmember Orttel stated it looked like there would not be many lots coming out of the ghost Regular Andover City Council Meeting Minutes - September 2, 2003 Page 10 plat and would give more land for the park. He thought the developers should talk to the landowner to the east to try to work out something to make the park work. A resident stated the park is a big discussion item but something that was not discussed was 159th A venue and the traffic that will be on it. One problem is the lack of access. There seem to be three possible solutions. One is to petition the County to get access to Constance to serve the development. Another thing is they are connecting Hanson to Yellow Pine and Woodland Estates and 159th becomes a feeder street to those developments. He stated he submitted a suggestion to move 159th Lane up two~ so it is more than a minorjog to get to 159th Avenue, which would make this a diffi¿fifi road to take and they will take alternate routes to get out. Ûv\\WvtdC¡-I(p-D3 Mayor Gamache stated there are a lot of considerations that can be looked at regarding 159th and they would need to discuss this further with the developer to see what he would suggest. Discussion ensued in regard to 159th Avenue and the traffic involved. Councilmember Jacobson stated it looked like it was a three/two decision to keep the park to the south with a connection down to Drake Street with the property owners agreeing that they will work out a deal to put a trail in. The suggestion of moving 159th Lane to the north may have some merit to it. Councilmember Orttel stated he would like to see some discussion between the two property owners because they want a park that is usable for the entire area. Mr. Dickinson asked the Council to allow the developer to come back one more time on the sketch plan before he would go to the preliminary plat to take into consideration the suggestions of the Council. CONSIDER LAND SWAP REQUESTIWOODLAND DEVELOPMENT Community Development Director Neumeister explained at the August 6, 2003 Council meeting, Mr. Westlund, Woodland Development Corporation, submitted a rough sketch ofa concept plan for the forty acre parcel that he would like to swap. At the meeting he presented another alignment for a collector street to serve the development and Council directed him to work with staff on the concept Mayor Gamache stated he liked the fact that in the new concept plan none of the homes directly access 152nd. Mr. Dickinson stated one point to make on this is if the Council is willing to consider the street extension. Mr. Neumeister stated those issues would be worked out as part of the sketch plan review. Regular Andover City Council Meeting Minutes - September 2, 2003 Page 11 Councilmember Trude wanted to make sure there were enough extensions outside of the development. CounciImember Knight asked how they laid out the projected road over to CR9. Mr. Westlund stated it was based on the transportation plan provided by the City. Consensus of the Council was to consider the extension of 152nd. CONSIDER PRELIMINARY PLAT/ANDOVER CLOCKTOWER COMMONS Community Development Director Neumeister stated the subject property was created in 1997 as one of the commercial properties in the Hamilton Square Plat. The applicant is proposing to plat the property into five commercial properties to create a high quality commercial development to help serve the needs of the surrounding neighborhoods. Mr. Neumeister stated he received a letter from the County regarding conditions and statements that if the Council chooses to approve the Preliminary Plat that they ask conditions five and six be amended to include the statements and conditions from the Anoka County Traffic Engineer, Jane Pemble. Mr. Berkowitz stated within the last few weeks the City has tried to contact the County regarding some of these items and they have not had any response. They did meet with the developer and they had suggested some different solutions to some of the transportation problems. Mr. Berkowitz stated they did have some discussions with ARC on how to handle some of the transportation issues and staff recommends the developer make the improvements as stated by the County requirements in the letter. There are things they can entertain and how they can finance these things. (The City Council recessed at 9:45 p.m.) (The City Council reconvened at 9:50 p.m.) Mayor Gamache recapped the case for further discussion. Mr. Berkowitz described what the County proposed with the intersection of Hanson and Bluebird and what staff proposed. Mr. Darren Lazan, Landform, made a short presentation to the City Council regarding the preliminary plat, special use permit and fmal plat. He requested the City Council remove condiûons five and six in the Resolution because the County refuses to work with them on this project. CounciImember Orttel' s thoughts were that they should meet with the County and try to work things Regular Andover City Council Meeting Minutes - September 2, 2003 Page 12 out. Mr. Berkowitz stated there were some ideas that the City wanted to discuss with the County but they did not have the opportunity. Councilmember Jacobson stated the County can't expect the developers and the City to incur the cost for the improvements to County roads but the County is not giving them any options. Councilmember Orttel believed they had a legal right to expect the developers to pay for the roads but he thought there should be a compromise. Mr. Neumeister explained they thought that there should be some underlying needs from the existing area as well as some County participation and dollars as well as some appropriate City funding. He stated they found out Crosstown is not a State Aid road. Councilmember Knight asked where they would get the funds to pay for the improvements. Mr. Dickinson stated because it is not a State Aid supported road they could not use State Aid funds so the money would need to come from another source which would need to be explored. Councilmember Knight asked if the City Attorney saw any legal problems in not dealing with the County at this time, City Attorney Hawkins explained he did not see any problems with this. Discussion ensued in regard to changing the Resolution to not include the County. Councilmember Jacobson asked if they were exceeding the amount of signage allowed in the City ordinance. Mr. Neumeister stated they will have to apply for a sign permit. Councilmember Jacobson asked what the service road off Hanson is for. Mr. Neumeister stated the road is needed to provide access for the restaurant area for the large trucks. Mr. Lazan made a short presentation on what will be developed on the land. Ms. Kendra Lindalù described the site pIan to the City Council. Councilmember Knight asked regarding the traffic, did the County talk about a stacking lane at all. Mr. Lazan stated the County has not commented at all on any of the accesses. The County has expressed that they are not interested in a right-in or right-out on Crosstown. Mr. Berkowitz stated the County has stated the right-inlright-out is not warranted and should not be constructed for safety reasons. Councilmember Jacobson asked if a liquor license would be allowed that close to the school. City Attorney Hawkins stated there is enough space between the restaurant and the school to allow the liquor license. Mayor Gamache stated any entrance to the development can be achieved without making any difficult turns. Regular Andover City Council Meeting Minutes - September 2, 2003 Page 13 bQsed on C-(ku^lëJ...,c\i~uSŠìGY\ Mr. Neumeister would like the Council to change the wording in item five'to say;'the applicant shall agree to provide a traffic study and continue to work with the City of Andover to resolve access and financing of minimum needed road improvements concerning County Road" and he asked that item six be removed and on item seven they strike off"Anoka County Highway Department and any other agency that may be interested in the site". CVYLU1.d..ed. CJ -I (p -03 City Finance Director Dickinson explained for Council discussion, they may want to address the fmancial guarantee that will be required as part of this agreement to ensure subdivision improvements and other related transportation improvements. Motion by Trude, seconded by Orttel, to approve the Preliminary Plat as amended and that fmancial guarantee will be required as part of this agreement to ensure subdivision improvements and other related transportation improvements. Motion carried unanimously. (Res. R156-03) CONSIDER SPECIAL USE PERMIT/ANDOVER CLOCKTOWER COMMONS Community Development Director Neumeister explained the Council is asked to review a Special Use Permit request for a Planned Unit Development (PUD) consisting of five commercial properties on approximately 8.63 acres. The Council recently approved an Ordinance amendment to allow a service station to be constructed during the initial stage of the proposed development with planned unit development approval. This application combines all of the elements of the development to ensure a well-coordinated development of high quality will be achieved on the subject property. Councilmember Jacobson stated he had one change to item nine. The special use permit should be plural. Councilmember Trude stated on number b show be "no new access". Motion by Jacobson, seconded by Knight, to approve the proposed special use permit subject to the conditions in the attached resolution and with the changes mentioned in discussion. Motion carried unanimously. (Res. RI57-03) CONSIDER FINAL PLAT/ANDOVER CLOCKTOWER COMMONS Community Development Director Neumeister stated the City Council is asked to approve the final plat of the project to be known as "Andover Clocktower Commons". The fmal plat is found to be in compliance with the preliminary plat and applicable ordinances. Motion by Knight, seconded by Trude, to adopt the attached resolution approving the final plat. (Res. RI58-03) Councilmember Trude stated they may wantto look at item number two regarding funds that were to be set aside for future road improvements. Mr. Dickinson stated, the fmal plat should not be signed by the Mayor and Clerk until there is an executed development contract and all associated fees, Regular Andover City Council Meeting Minutes - September 2, 2003 Page 14 escrows and securities have been paid. Councilmember Orttel stated on item five they needed to add "no new access" to the second sentence and to delete on item seven after "MPCA". Mr. Lazan stated as they looked forward to setting their schedule for fall construction, he asked that Mr. Dickinson walk them through the escrow process to keep them going on schedule. Mr. Dickinson explained the process to Mr. Lazan. Mr. Berkowitz stated if they are able to meet with the County and fmd out what the reasonable costs will be, they will be able to work with the developer and this is dependent on meeting with the County and if they cannot do that, the City will need to make those decisions. Motion carried unanimously. CONSIDER AMENDMENTS TO CITY CODE/TITLE II, I2 & 13/RURAL RESERVE Community Development Director Neumeister explained in the spring of2003, the City established a "Rural Reserve" area for portions of the City that will need to be reserved for urban density residential development. Currently, there are no restrictions on subdivision of these lands in either the zoning or subdivision regulations (Title 11, 12 & 13 of City Code). New language should be added to these sections of the City Code to prevent premature subdivision of the "Rural Reserve" area without full City utilities. Councilmember Trude stated it has come to their attention that there is an insignificant land sale that has been negotiated but the purchase agreement has not been signed and she wanted to make sure that they exclude the sliver of land behind their home. Mr. Neumeister stated the intent of this Ordinance is to prevent a whole division ofland and would not affect this sale. He would suggest the Council not include this sliver ofland in the Rural Reserve. Councilmember Orttel asked if they could put in "minor parcel for non-residential purposes that the Council determines will not preclude or impede the development of the Reserve and upon approval of the City Council." Mr. Neumeister stated he liked that language which is an exemption. Motion by Knight, seconded by Orttel, to approve the changes to City Code (Title 11, 12 & 13) to prevent premature subdivision of lands set aside for future urban density residential with the additional wording "excluding minor parcels that will not allow for additional building units that will not impede future development of the Rural Reserve upon approval of the City Council", to be placed where staff feels it fits. Mr. Stong, 2333 l55th Lane, stated he brought this up because he would like the small parcel to be approved tonight so they know they can do this without coming back for further approval. Mr. Neumeister explained where Mr. Stong lived and stated Mr. Stong would like to acquire the land between his property and the ditch and add it to his lot and so does the neighbor to the west. Mr. Stong stated it was also for the neighbor to the east. Regular Andover City Council Meeting Minutes - September 2, 2003 Page 15 Motion carried unanimously. Motion by Orttel, seconded by Knight, to allow staff to make administrative lot splits involving these properties described above for Mr. Matzek, Mr. Stong, Mr. Hanson and Mr. Fields. Motion carried unanimously. SET TRUTH IN TAXATION HEARING DATE Motion by Jacobson, seconded by Orttel, to schedule the Truth in Taxation Hearings for Monday, December 1, 2003 at 7:00 p.m. and Tuesday, December 16, 2003, at 7:00 p.m for continuation of the meeting if needed. Motion carried unanimously. APPROVE RESOLUTION MODIFICATION/AUTHORIZING PIR FUNDING/PRAIRIE KNOLL PARK Finance Director Dickinson explained the City Council at the August 19, 2003 Council meeting approved a revised Prairie Knoll Park Project pIan that was previously funded in part by Public Improvement Revolving (PIR) funds to facilitate Phase II Improvements (well and irrigation system $150,000) at Prairie Knoll Park. The expenditure of PIR funds was done by a specific resolution that will require some text modification. This request will make the necessary modifications. Motion by Trude, seconded by Jacobson, to approve the attached resolution modifYing a previous resolution authorizing the expenditure of funds from the Permanent Improvement Revolving Fund. Motion carried unanimously. (Res. RI59-03) ADOPT 2004 PRELIMINARY TAX LEVY & PROPOSED 2004 BUDGET Finance Director Dickinson explained each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15th. Mr. Dickinson discussed the information and budget impact with the City Council. Motion by Knight, seconded by Jacobson, to approve the attached resolution that indicates a total preliminary levy of $6,781,700 to be submitted to the Anoka County Property Records and Taxation Division by September 15th and establishes the 2004 Preliminary General Fund Budget. Motion carried unanimously. (Res. RI60-03) Motion by Orttel, seconded by Jacobson canceling all or a portion of certified bonded Regular Andover City Council Meeting Minutes - September 2, 2003 Page 16 indebtedness for 2004. Motion carried unanimously. MAYOR/COUNCIL INPUT (Invitation from Principal at Crooked Lake School for a Picnic) - Mayor Gamache stated he received an invitation from the new principal of Crooked Lake Elementary School regarding a picnic on September 23,2003 ITom 5:00 p.m. to 8:00 p.m. and they are inviting the City officials. (Budget Cuts) - Councilmember Jacobson asked Mr. Dickinson about a detailed report on the budget cuts. He wondered when they would be getting it. Mr. Dickinson stated they are having Department Heads summarize those things individually and Finance is putting together a more detailed analysis so they will have two different versions which will be reviewed at a workshop. Councilmember Jacobson asked that they get it early enough to review before a meeting. (Council Workshop) - Councilmember Trude asked what Tuesday they were going to have the Council workshop this month. Councilmember Knight stated he would not be available for the-fifth. I ú '" t MçllJ",1"\ Mr. Dickinson stated there is time to go over the budget issues. Councilmember Trude slliiJ ~~ther issue regarding the budget is that Youth First asked to be a line item and they need to talk about that also. CUì'\..t..n.clLci 6¡- ¡ b -03- (Preliminary Plat Size Copies) - Councilmember Orttel requested large preliminary plat copies. (Recycle Day and Community Business Golf Tournament) - Mayor Gamache stated Saturday, September 13th is recycling day, also all of the businesses in the community have been invited on September 19th for a golf tournament at Greenhaven with a dinner after. Motion by Knight, seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :24 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary