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HomeMy WebLinkAboutCC November 6, 2002 I ~OAJ CITY OF ANDOVER ~ I !-ICj-OJ- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.cI.ANDOVER.MN.US Regular City Council Meeting - Wednesday, November 6, 2002 Call to Order - 7:00 p.m. Resident Forum a. Ed Hamilton/Hamilton Square - Community Development Agenda Approval 1. Approval of Minutes (Spec. CC Workshop 10/9/02) (Reg. CC Mtg. 10/15/02) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Release/Cash Escrows/98-09 & 98-33/Cambridge Estates & Cambridge Estates 2nd Additions - Finance 4. Waive Public Hearing/ Adopt Assessment Ro11/00-18/ Andover High School Street & Utility Improvements - Engineering 5. Accept Feasibility Report/02-41/14381 Osage Street NW/East Yz-Lot 4, Block I, Parcel4B, Creekside Estates 2nd Addition/SS & WM - Engineering 6. Accept Quit Claim Deeds/98-17/Bunker Lake Blvd. NW - Engineering 7. Accept Petition/02-42/l508 _148th Lane NW/SS & WM -Engineering 8. Reduce Escrow/Developer's Improvements/Cambridge Estates - Engineering 9. Reduce Escrow/Developer's Improvements/Cambridge Estates 2nd Addition - Engineering 10. Consider Amendment to Ordinance 10/Sketch Plan Process, Continued - Planning 11. Acknowledge Resignation/City Engineer - Administration 12. Appointment Acknowledgement/Interim City Engineer - Administration 13. Authorize Contract/Evaluate Roadway Conditions for Pavement Management ProgramfTKDA- Engineering 14.2002 Third Quarter Financial Report - Finance 15. Approve Tobacco License/Northgate Liquors - Clerk Discussion Items 16. Canvass Results/General Election - Clerk 17. Hold Public Hearing/Adopt Assessment Roll/00-5A12002 Mill & Overlayl7th Avenue Area- Engineering 18. Public Hearing/2002 Delinquent Utility Service Charges - Finance 19. Authorize Contract/W ater System Risk Assessment/Elert & Associates - Engineering 20. Consider Resident RequestlMarystone Blvd. Neighborhood Improvement Requestl02-44- Administration 2 I. Consider Lot Split RequestlI 6030 Makah Street NW Additional Information (Continued) - Planning 22. Consider Adopting Fire Works Ordinance Municipal Regulations, Continued - Fire - . ...._,~- T"·~--·' ~ ,. ~. I Regular City Council Meeting November 6, 2002 Page 2 23. Consider Amendment to Comprehensive Plan/Change Commercial to Low Density Residential, Continued - Planning 24. Consider Sketch Plan/Woodland Creek Golf Course Villas - Planning StaffItems 25. Consider Revisions/Development Policy Guidelines - Community Development 26. Approve Rural Reserve Sanitary Sewer Analysis/02-22 - Community Development 27. Schedule Neighborhood MeetinglRural Reserve/02-22 - Planning 28. Accept EDA Commissioner Resignation-Appoint EDA (Voting) Member to Fill Vacancy - Administration 29. Schedule EDA Board Meeting - Administration Mavor/Council Executive Session: Austin Diversified Products- Administration Adjournment T I Regular Andover City Council Meeting Minutes - November 6, 2002 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -NOVEMBER 6, 1001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. 1 Ed HamiltonlHamilton Square Tabled ............................................................................... .................... ................................ 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Approve Release/Cash Escrows/98-09 & 98-33/Cambridge Estates & Cambridge Estates 2" Additions. ................................................................................ """ ................ 2 Waive Public Hearing/Adopt Assessment RolIl00-18/Andover High School Street & Utility Improvements (Reso 1 ution R 163-02)..................................... ................................................................. 2 Accept Feasibility ReportJ02-4l/14381 Osage Street NW/East Y,-Lot 4, Block 1, Parcel 4B, Creekside Estates 2"d Addition/SS & WM (Resolution RI64-02)................................................. ..................................................... 2 Accept Quit Claim Deeds/98-l7/Bunker Lake Blvd. NW .................................................. 2 Accept Petition/02-42/l508 - 1481h Lane NW/SS & WM (Resolution RI65-02).. ............................................................................................... ..... 2 Reduce EscrowlDeveloper's Improvements/Cambridge Estates......................................... 2 Reduce EscrowlDeveloper's Improvements/Cambridge Estates 2" Addition.................... 2 Consider Amendment to Ordinance 10/Sketch Plan Process, Continued............................ 2 Acknowledge Resignation/City Engineer....................... ..................................................... 2 Appoint AcknowledgemenVInterim City Engineer............................................................. 2 2002 Third Quarter Financial ..Report................................................................................. 2 Approve Tobacco License/Northgate Liquors.....................................................................2 AUTHORIZE CONTRACT/EV ALUA TE ROADWAY CONDITIONS FOR PAVEMENT MANAGEMENTPROGRAWUTKDA Motion to approve... .................................................................................... .......................... 3 CANVASS RESULTS/GENERAL ELECTION (Resolution 166-02) ..................................... 3 PUBLIC HEARING/ADOPT ASSESSMENT ROLL/OO-5N2002 MILL & OVERLA YI7TH A VENUE AREA Motion to approve (Resolution RI67-02)............................................................................. 4 PUBLIC HEARING/2002 DELINQUENT UTILITY SERVICE CHARGES Motion to approve (Resolution RI68-02)............................................................................. 4 AUTHORIZE CONTRACTIWATER SYSTEM RISK ASSESSMENT/ELERT AND. ASSOCIATES Motion to approve.......... ................................................ ........ ............................................... 5 CONSIDER RESIDENT REQUESTIMARYSTONE BL YD. NEIGHBORHOOD IMPROVEMENT REQUEST/02-44 Motion to table ................. ....... .............................................................................................. 5 - . . ----~ . - ~ T·-~··;-·- - . .". ---.-.-- I Regular Andover City Council Meeting Minutes - November 6. 2002 Regular Andover City Council Meeting Minutes· Table of Contents Page ii CONSIDER LOT SPLIT REQUEST/1630 MAKAH STREET NW ADDITIONAL INFORMATION Motion failed ...... ........................... .............................................................................. .......... 8 CONSIDER AMENDMENT TO COMPREHENSIVE PLAN/CHANGE COMMERCIAL TO LOW DENSITY RESIDENTIAL, CONTINUED Tabled .................... ............................................................................................................... 10 CONSIDER SKETCH PLAN/WOODLAND CREEK GOLF COURSE VILLAS ................. 12 CONSIDER ADOPTING FIREWORKS ORDINANCE MUNICIPAL REGULATION, CONTINUED Tabled ................... ................... ....................................................................................... ...... 15 CONSIDER REVISIONSIDEVELOPMENT POLICY GUIDELINES Tabled . .................................................. ................................................................................ 15 SCHEDULE NEIGHBORHOOD MEETINGIRURAL RESERVE/02-22............................... 15 ACCEPT EDA COMMISSIONER RESIGNATION-APPOINT EDA (VOTING) MEMBER TO FILL V ACANCY ........................................................................................................... 16 SCHEDULE EDA BOARD MEETING ................................................................................... 16 MA YORlCOUNCIL INPUT Prairie Road Construction..................................................................................................... 16 Dirt Bike Ordinance .............................................................................................................. 16 Sanitary Sewer Break........................................................................... ................................. 17 ADJOURNMENT..................................................................................................................... 17 T·-..-~--~· - . ..... -.--p ì CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 6, 1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 6,2002,7:02 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 Interim City Engineer, Bill Ottensmann City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others RESIDENT FORUM Mayor Gamache explained that Mr. Hamilton called him and asked if this item could be tabled until the next meeting because he could not make the meeting. AGENDA APPROVAL Remove from the Agenda Item 26 (Approve Rural Reserve Sanitary Sewer Analysis/02-22). Remove from Consent Items for discussion Item 13, (Authorize Contract/Evaluate Roadway Conditions for Pavement Management ProgramffKDA). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES October 9, 2002. Special City Council Workshop: Correct as amended. October 15, 2002. Regular Meeting: Correct as written. Councilmember Jacobson stated on the October 9, 2002 meeting under other business there was an . . -..--- r-·--·' . I Regular Andover City Council Meeting Minutes - November 6, 2002 Page 2 item regarding the "Northstar Ball" and the sentence is correct but there should be another sentence added that states "The Council determined that they would not Participate for the amount and everyone would do whatever they felt on an individual basis." Motion by Jacobson, Seconded by Knight, approval of October 9, 2002 Minutes as amended. Motion carried unanimously. Motion by Knight, Seconded by Trude, approval of October 15,2002 Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Release/Cash Escrows/98-09 & 98-33/Cambridge Estates & Cambridge Estates 2"d Additions Item 4 Waive Public Hearing/Adopt Assessment RolVOO-I8/ Andover High School Street & Utility Improvements (See Resolution R163-02) Item 5 Accept Feasibility ReportJ02-41/14381 Osage Street NW/East Y, - Lot 4, Block 1, Parcel4B, Creekside Estates 2"d Addition/SS & WM (See Resolution RI64-02) Item 6 Accept Quit Claim Deeds/98-17/Bunker Lake Blvd. NW Item 7 Accept Petition/02-42/1508 - 148th Lane NW/SS & WM (See Resolution R165-02) Item 8 Reduce Escrow/Developer's Improvements/Cambridge Estates Item 9 Reduce Escrow/Developer's Improvements/Cambridge Estates 2"d Addition Item 10 Consider Amendment to Ordinance 10/Sketch Plan Process, Continued Item 11 Acknowledge Resignation/City Engineer Item 12 Appointment Acknowledgement/Interim City Engineer Item 14 2002 Third Quarter Financial Report Item 15 Approve Tobacco License/Northgate Liquors Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. AUTHORIZE CONTRACT/EVALUATE ROADWAY CONDITIONS FOR PAVEMENT MANAGEMENT PROGRAMnKDA Councilmember Knight stated he asked this to be pulled because he thought the costs were high. City Finance Director Dickinson stated they have this on a notto exceed basis so it would not exceed forty thousand and it is structured on an hourly basis so expenses would not get out of hand and he did not anticipate it going that high. Councilmember Trude stated she thought they could in the future negotiate some of the costs. , . - I Regular Andover City Council Meeting Minutes - November 6, 2002 Page 3 Councilmember Grttel asked if the computer program is an in house program. Civil Engineer Dave Berkowitz stated TKDA's computer time would not be used at all and was a standard language in the contract if they were going to go online and use their program. The program is in house and will be entered by staff and TKDA is available for help ifneeded. He stated the city has had the program in place for five years and they have almost everything in place but they need assistance with adding the road ratings. Mr. Dickinson stated over the long-term they will see the investment up front and it does have the potential to save the City some money because they will have the ratings on the roadways and an assessment will be done every three years on the roadway. Councilmember Knight asked if every street gets looked at. Mr. Berkowitz stated they do look at each roadway in segments and they can look at it a couple of different ways using the program and reduce the amount of time spent in one area and will evaluate on how they can be more efficient on getting the roads upgraded. Councilmember Orttel stated what they are doing is an inventory method for all the streets in town to allow for a scheduled maintenance and replacement program for the streets. Motion by Knight, Seconded by Jacobson to approve Item 13 (Authorize ContractlEvaluate Roadway Conditions for Pavement Management ProgramffKDA) at a cost not to exceed $40,000. Motion carried unanimously. CANVASS RESULTS/GENERAL ELECTION City Clerk Yolk explained State law requires that the City Council canvass the returns and declare the results of the election within 7 days after the election. The results were discussed with the Council. Councilmember Trude publicly thanked all the election officials for ajob well done. Motion by Knight, Seconded by Jacobson, to adopt the resolution declaring the results of the election (See Resolution RI66-02). Motion carried unanimously. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLVOO-5A/2001 MILL & OVERLA Y/7TH A VENUE AREA Civil Engineer Berkowitz stated the 2002 Mill & Overlayl7'h Avenue Area project has been completed and the cost for the concrete curb and gutter is being assessed to the benefiting properties in concurrence with the 429-assessment process. The initial estimated assessment for each property (for the concrete curb & gutter) was $1,999.30. The final cost for the concrete curb & gutter is $1,924.37 per lot. Councilmember Jacobson asked if there were any problems that they should be made aware of. Mr. Berkowitz stated there were only a few minor problems with driveways but everything else seemed - - ----.. -- I Regular Andover City Council Meeting Minutes - November 6, 2002 Page 4 to go smoothly. Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:21 p.m. The Motion carried unanimously. Mr. Dave Masthus stated he was one of the people that got involved in organizing the concerns and he wanted to thank everyone who was involved and that they addressed their concerns. Councilmember Trude publicly thanked the stafffor all of their work. Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:24 p.m. The Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the resolution adopting the assessment roll for Project 00-5A, 2002 Mill & Overlay/7lh Avenue Area (See Resolution RI67-02). Motion carried unanimously. PUBLIC HEARING/2001 DELINQUENT UTILITY SERVICE CHARGES City Finance Director Dickinson explained the total delinquent utility service charges were $42,486.00 as of October 10,2002 when written notification to the property owners and preparation of the preliminary assessment worksheets began. Mr. Dickinson noted payments received prior to October 30lh have been applied to the delinquent accounts, reducing the delinquent balance to $8,655.24. Delinquent balances as of November 6, 2002 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2003 taxes. The total assessment for delinquent sewer, water and street light services is $10,645.95. Councilmember Jacobson asked if there were any updates to the list since it was printed. Mr. Dickinson stated he had some calls from residents stating they would pay the assessment and he would allow anyone to pay until the certification is done. Councilmember Jacobson asked when the cut off date is to have payment in. Mr. Dickinson stated the end of November. Motion by Knight, Seconded by Trude, to open the public hearing at 7:27 p.m. The Motion carried unanimously. No one wished to address the Council. Motion by Knight, Seconded by Trude, to close the public hearing at 7:27 p.m. The Motion carried - - ---. -- ._-._~ . ., I Regular Andover City Council Meeting Minutes - November 6, 2002 Page 5 unanimously. Motion by Trude, Seconded by Knight, to approve the resolution adopting the assessment roll. (See Resolution RI68-02) Motion carried unanimously. AUTHORIZE CONTRA CTIWA TER SYSTEM RISK ASSESSMENT/ELERT & ASSOCIA T ES Civil Engineer Berkowitz stated the City Council is requested to authorize a contract with Elert & Associates to conduct a Vulnerability Assessment (V A) on the entire water system, which includes the water treatment plant, water towers, wells and pumping stations. This V A is a required mandate from the Environmental Protection Agency and must be completed by June 2004. Councilmember Jacobson stated this is not the fmal cost for this. There are two more phases. Councilmember Orttel stated the third phase could possibly be done in house. Councilmember Trude stated that only the people purchasing water from the City would be charged for this. Motion by Jacobson, Seconded by Trude, to approve Item No. 19 (Authorize ContractlWater System Risk AssessmentiElert & Associates) not to exceed $19,625.00 and the funds for the assessment to come from the bond funds for the water treatment plant. Motion carried unanimously. CONSIDER RESIDENT REQUESTIMARYSTONE BLVD. NEIGHBORHOOD IMPROVEMENT REQUESTI02-44 City Administrator Erar stated on October 15,2002, Mr. James Neilson addressed the City Council regarding the issue of whether their neighborhood could privateJy improve Marystone Boulevard by means other than through the normal City public improvement process. Mr. Neilson indicated that the neighborhood, save one property owner, had all agreed to privately underwrite the cost of the road improvement. The Council, in response, requested that staff investigate the possibility of allowing this type of improvement and report back to Council at the November 6, 2002 Council meeting. Mr. Erar stated Staff has investigated Mr. Neilson's request, and thoroughly reviewed the public policy complexities and related operational issues associated with a private neighborhood effort to improve a public street section. Mr. Neilson, speaking on behalf of the neighborhood, did not want to take private ownership of the road given the long-term maintenance and fmancial responsibilities. Mr. Erar discussed the issues with the Council. - . - - - - - . . .--- ~ .. . - I Regular Andover City Council Meeting Minutes - November 6. 2002 Page 6 Councilmember Trude stated there are a number of gravel roads in the City and this road is a unique situation. The one thing that troubles her is that they need to take down a number of trees to widen the road in order to improve it. Mr. Erar stated the improvement part is any improvement to the road to a City standard. This not only addresses the width ofthe road but other characteristics of the road once asphalt is installed and includes a number of other requirements. Councilmember Trude stated that before making a decision on this, they might need to see the policy that states what goes into the highest quality street. City Engineer Ottensmann stated that while the resident may feel it is not an improvement aesthetically, a street that is twenty-four feet wide is safer for traffic and emergency vehicles. Adding the drainage improves the roadway and adequate drainage keeps the water off of the road and keeps the roadway stronger so it does not deteriorate. He stated that having a cbserroad creates a hazard for driving. Councilmember Trude stated if the road stays in the condition it is in the City will be spending more time and money on the road in its current state than if improved. Councilmember Jacobson stated the road is substandard but it was received by the City as a cartway and now if they decide to improve the roadway with blacktop to a substandard design, then the City opens itself up to liability and it also sets a precedence for other neighborhoods to ask the same thi1g of the City. He stated the private development as suggested, brings other matters to light. They could either revert it back to a private road or keep it to the City standards and not have problems or allow a substandard road to be built in the City. Councilmember Orttel stated he did not have a problem with roads being narrower than highway roads and he would not have a problem with the City developing a standard for it. His concern is that if they were to do this, they would need to protect the City from lawsuits such as imþroper drainage and people working on streets without insurance. Councilmember Orttel stated he is not opposed to having the Planning Commission work with the Engineering Department to see if there is a way to allow the narrow streets in the City for minimal use streets. He stated they should have a standard that works in all neighborhoods for a level of safety. Further discussion ensued regarding the liability of the City if there were an accident on the roadway with it being substandard, paved or unpaved. Mr. Erar stated he sent out an email to all the cities in the metro area regarding this issue and there has not been any feedback from them. Councilmember Orttel stated they should have staff contact some of the cities with roads that are narrow and find out how they have dealt with them. The Council further discussed the Marystone roadway improvements with staff. , . - ] Regular Andover City Council Meeting Minutes - November 6, 2002 Page 7 Mayor Gamache asked Mr. Scott Nielsen if there has been any change from the residents in the neighborhood. Mr. Nielsen stated that the residents have not changed their minds. He stated it might be more efficient to table this because he did not think a decision would be made tonight. He stated he did not think the City had a standard for this type of roadway because they asked for information from the staff and they have not received any information. He stated he disagreed with City Attorney Hawkins because this was not a typical street or neighborhood. Mayor Gamache stated a roadway width ofless than twenty reet in width would violate the State Fire Code. Mr. Nielsen stated they did not think this roadway is applicable to the State Fire Code because MNSDOT section 160.04 deals with the width of roads and with this road when it became a public road, a user road, is governed by MNSDOT section 160.065. He stated the width of the road is limited to the width of the actual use which is eighteen feet so what the State Fire Code and the State Fire Marshal would have to argue is that the State Fire Code trumps statute and case law that has been developed for a hundred years and he did not think that is accurate or the case. He stated the property owners are willing to make the roadway a uniform eighteen feet. Mr. Nielsen passed out information to the Council provided to them from City Staff regarding street standards and discussed the information with them. Mr. Nielsen stated the City does not have a standard to deal with user roads under 160.05. He stated the reason the property owners want to maintain the character of the street is because the whole value to Andover and the neighborhood is because it is a quaint little lane. Motion by Jacobson, Seconded by Trude, to table the item until the first meeting in December to allow staff to investigate the issues and bring it back to the Council for further discussion. Mr. Erar stated he would have the City Engineers check other cities, including Plymouth, Deephaven, Dellwood, Minnetonka, Minnetrista, Mahtomedia, Excelsior and others for their standards. Motion carried unanimously. Councilmember Trude stated she has seen people planting trees, bushes, brick and rock on the public rights-of-way and she is not sure if this is allowed. Mr. Erar stated they do not allow any type of shrubs and trees in the public right-of-way. Civil Engineer Berkowitz stated they do not allow trees to be planted within the right-of-way but they do allow some low lying plants to be put around mailboxes. Councilmember Trude stated they should put this in the newsletter to alert residents that this is not allowed. CONSIDER LOT SPLIT REQUESTI16030 MAKAH STREET NW ADDITIONAL INFORMATION (CONTINUED) ----.-- I Regular Andover City Council Meeting Minutes - November 6. 2002 Page 8 Community Development Director Neumeister stated this item continues the discussion of this lot split request from the October 15th City Council Meeting. Additional information and a table are provided to illustrate how properties within Registered Land Survey 72 have been subdivided over time. Mr. Neumeister stated the property owner is seeking approval of a proposal to divide the subject property into two rural residential lots with a variance to the 300 foot minimum lot width for one of the lots. Both lots would meet all of the other City ordinance requirements. Mr. Neumeister discussed this item with the Council and stated the Planning Commission unanimously recommended denial of the proposed lot split citing that findings had not been demonstrated for the proposed variance. Councilmember Orttel stated that over the years they have given a number of variances on lot splits and they were told there is not a standard with lot splits. He wanted to know how they allowed all the other lot splits. Mr. Neumeister stated there is a lot split provision but there are standards to be met. The Council discussed previous lot splits in the City and what the difference was between those and the one for approval. Mr. Moore read from his letter dated November 6, 2002. Mr. Moore showed maps regarding the curve in the road and the elevation ofthe land and discussed why the road needed to curve in orderto make a part of the land buildable across from his property. Mr. Moore argued the reasons for denial and discussed the reasons why it was previously denied. Councilmember Jacobson asked what year they purchased the property. Mr. Moore stated they purchased the property in 1998 for the home. He stated at that time he did not consider splitting the lot until a neighbor told him they would like to see a home across the road from them. . Councilmember Trude stated there are sixteen lots and four have already been split to 2.5 acres. Councilmember Orttel stated the object when platted was to avoid the platting ordinance. Mr. Moore stated he thought part of the reason why the road was curved was because of the marshland on the property across from his. He stated that thirty percent of the owners on the west side ofthe road do not have five acres ofland and that the staff at the time did not fully inform the Council and Mayor that the lots did not have 5 acres to begin with. He stated he had to get a surveyor to check his plot to make sure he had five acres. Councilmember Jacobson stated there were two ways to go. They could either give him a variance without a hardship or give him a variance stating there is a hardship because of the curve in theroad. Councilmember Orttel stated asked if a variance would destroy the integrity of the neighborhood or would it make it look denser, and is there a hardship. He stated they would be setting a precedence . - . T·_Þ.·i~.-- - .-0- - ~__ I Regular Andover City Council Meeting Minutes - November 6, 2002 Page 9 because of the curve of the road creates a hardship and would have to create a hardship on other properties. Mr. Carl Spencer, 12180 Magnolia Street, Coon Rapids owner of Tract B, property directly north of the proposed property stated he did not receive a notice of hearing from the Planning Commission SJ he did not appear. Mr. Spencer read from a letter he sent to Mr. Bednarz to the Council. He requested the Council deny the lot split request. Councilmember Trude asked Mr. Spencer if they were planning on building a new house on the lot they own. Mr. Spencer stated they are planning on building on the land but they have not had the opportunity to do this. Councilmember Knight asked if he is an original owner of the property in Andover. Mr. Spencer stated he was and that he purchased the land from Mr. Smith. Motion by Jacobson, Seconded by Gamache, to approve the resolution to deny Item No. 21 (Consider Lot Split/16030 Makah Street NW). Mr. Moore stated there have been more splits that Mr. Spencer has not objected to. Mr. Moore stated the other splits did not require variances so there was no notification. He stated his problem is that there are a few neighbors in the area that want to object to this split, but not the other splits. He cited other houses being built on the splits already approved. Mayor Gamache stated why the neighbors are against this split is because the other splits did not affect their street. Mr. Moore stated there has been a precedence set in the area and other lots have already been allowed to be split. Mark & Pat Monroe, 15961 Makah Street stated they have been opposed to every split proposed in the area. He stated it is a rural area and they would like to keep it a rural area. Councilmember Trude asked City Attorney Hawkins if there is an issue of unequal treatment of people with similar sized lots. She asked if the City Council was bound to hold up to this type of thing they bought into because it is not a planned unit development and there are not any deed restrictions. City Attorney Hawkins stated the standards are clear that that they have to base it upon For this instance they have to look at the standards in the Ordinance. He stated he did not think they were bound because of past variances that were approved. Councilmember Knight stated when the Planning and Zoning Cornmission takes a position based on the Ordinance, the Council is obligated to follow their decision. ~ . I Regular Andover City Council Meeting Minutes - November 6, 2002 Page 10 Councilmember Trude stated they have a potential hardship with the curve in the road. Councilmember Knight stated they should be more consistent as to whether they need to look at this from the center of the road or from the setback Mr. Moore stated the comment in relation to where the lots are determined is because it is a registered land survey that the road stays ownership to the land and therefore the lot is always at the original survey. If the road is ever given up, that land is then given back to the owner. Councilmember Trude stated she did not think she could vote to support this because they need to have a new standard regarding this and there needs to be a more consistent way of approving these. She stated the ordinance has not always been followed closely in the past. Councilmember Orttel stated that every plat that comes through has a variance of some sort and becomes pa1 of the plat and they have never asked for a hardship. Motion failed 1 aye (Jacobson), 4 nays (Knight, Trude, Orttel, Gamache). Councilmember Orttel stated he would like to have stafflook at previous lot splits to be consistent in the application of the Ordinance. Councilmember Trude stated she would like staff to look at the rules. Councilmember Orttel stated he would like to see the meeting minutes on the last five lot splits they have done. Mayor Gamache stated they would like to have staff bring back the information to the Council at the first meeting in December. Councilmember Trude stated they should have this brought back in two parts. The first part would be to receive as piece of information for general discussion and then part two would be how to address the situation. Councilmember Orttel stated he would like to see past lot split minutes from the 1980' s to see how the Council handled them. Mr. Monroe stated this same lot was denied in 1997 for a lot split and if it is approved, the City is setting themselves up for a lawsuit because the previous owner when denied put the house in foreclosure. CONSIDER AMENDMENT TO COMPREHENSIVE PLAN/CHANGE COMMERCIAL TO LOW DENSITY RESIDENTIAL, CONTINUED Cornmunity Development Director Neumeister explained the proposed change is considered a minor amendment to the Comprehensive Plan due to the size being less than 40 acres. The City has developed a master plan for the area known as "Andover Station North" and is recommending that the land use plan be amended to reflect a transitional area of low density residential between the existing residential area and the new commercial development that is expected. " . I Regular Andover City Council Meeting Minutes - November 6, 2002 Page 11 Mr. Neumeister discussed the report with the Council. Councilmember Orttel stated that Urban Residential Low Density allows singl(}-family homes only. Mr. Neumeister stated this was true. Councilmember Jacobson asked how many units per acre. Mr. Neumeister stated he believed it is up to four units per acre. He stated they are only looking at the land use at this time and not the zoning and overall they would like to see this area being blended with the area to the north. Councilmember Jacobson asked if they voted to change this amendment to the plan, they have to rezone it to conform to the plan, what is the timeline for this. Mr. Neumeister stated it is at the Council's discretion. Councilmember Orttel stated this is a comprehensive plan amendment and would put them in the Low Density Urban Residential and the zoning classification would be R-4, single-family homes. Councilmember Jacobson stated if they passed this and sent it to Met Council and they approve it, they would have a limited amount of time to rezone it so they are not at variance with each other because right now it is general commercial. Mr. Erar stated City Attorney Hawkins told him there is not a time limit for rezoning this land. Discussion ensued as to what phase should go in first. Councilmember Orttel asked if they should table this until the streets and sewer are in. Mr. Neumeister stated showed a map of the location and discussed the uses for the land with the Council. Councilmember Jacobson stated on the resolution, the adoption date is wrong. Motion by Trude, Seconded by Knight to table item 23 (Consider Amendment to Comprehensive Plan/Change Commercial to Low Density Residential, Continued). Motion failed 2 ayes (Trude, Knight), 3 nays (Jacobson, Orttel, Gamache). Motion by Jacobson, Seconded by Orttel, to approve the suggested changes to the Comprehensive Land Use Plan to change the land use from General Commercial (GC) to Urban Residential Low Density (URL) for the fifteen acre area located generally north of Po v's Sports Bar with the change in the date on the resolution. Motion failed 3 ayes (Jacobson, Orttel, Gamache), 2 nays (Knight, Trude), needs a 4-1 vote. 6bJ¿CKd iú itu --h.m~ ðg ~ ¡r'i)rO~ bJ~~ Councilmember Trude ~d she·was-:.till "vr.ei!nw~ m;lh g tiD r~giQ"nl. inln Ih", M"'" h",f,:,¡:;¡ c;onnuereial com~ o..QlL'1.J lJ\.Mu11.r¡.-fi.-oß ~I:;:- -to O~ -ht.f~ . ~'NIci.a; 'Uf1é;. The..-. h.cri1\LuWr1lM LÙc4M Oloïc.c- -jù ~a- ~(TlU\ßu,_~ illnlg'r; ~t \L ~ I-~~ .~ ~ -tf0 OlS'll-,O\U1Q,uI..P. þiJ..Qk Councl e öer acobson state if they c ot ge a 4- vote, en ey would like to get more aJ:...µ~ information for the next meeting. Mayor Gamache stated they were asking for verification on l39th ~ o...úl for the next meeting. \ Ì'\L4Ct ~t- ~ ¡Y1~r fu\l.U~-( . l H 'ìr-O'1-- - ~ - ~ . [ Regular Andover City Council Meeting Minutes - November 6, 2002 Page 12 CONSIDER SKETCH PLAN/WOODLAND CREEK GOLF COURSE VILLAS Community Development Director Neumeister stated the City Council is asked to review a sketch plan for a housing development containing 11 urban residential lots. Mr. Neumeister discussed the information with the Council and stated this has been through a neighborhood meeting and the Planning Commission. Councilmember Jacobson noted that to sewer this particular plat, it requires a lift station. He asked what a lift station costs to install. Mr. Ottensmann stated he is not in the position to answer that. Mr. Erar stated he has had recent conversations with developers regarding lift stations and it can range anywhere from $30,000 to $150,000 depending on the depth and type of station installed. Mr. Ron Vanelli stated they purchased Woodland Creek in April of2002 and their intention was to redesign the course and bring utilities to the clubhouse. They plan on adding a restaurant to the golf course. He stated with the overall cost to bring water to the clubhouse they were proposing they be allowed to add housing to the golf club to help defray the cost of this. Mr. Brian Johnson, Hakanson Anderson, displayed a sketch plan of the golf course and discussed the proposed housing with the Council. Councilmember Jacobson stated in listening to the discussion from the Planning and Zoning Commission, he was led to believe that what is driving the number of lots being proposed is the cost of the water and sewer being brought into the club house. He stated there are eleven lots proposed and the zoning is R-4. If they stuck strictly with the R-4 zoning, would they get one or two fewer lots. Mr. Johnson stated from a density standpoint, going to a strict R-4, density is not an issue. He stated for lot width, it would indicate one less unit. Councilmember Jacobson asked with one less unit would it make the economic difference for survival or not. Mr. Johnson stated the other factor in the number of units is that there is available upland suitable material that these units fit in this area. The golf course has a fair amount of peat soil, which is adequate for the development. Councilmember Jacobson stated the character for the community around this is an R-4 district and they are requesting something smaller, so if sticking to the dimensions of the community, by dropping a lot, make this uneconomical to do. Mr. Vanelli stated it would be a hardship because they felt the design that has come about is attractive and gives them the ability to foster some of the costs to bring the utilities to the clubhouse. Councilmember Jacobson asked if Mr. Vanelli has had the opportunity to discuss this with the property owners being cut offfj-om the golf course. Mr. Vanelli stated they have talked to one of the homeowners and after the objections were raised, explored in-depth the impact this would have on the two lots and the impact is marginal. He stated they are not asking anyone to change -->---.. -- , . j Regular Andover City Council Meeting Minutes - November 6, 2002 Page 13 the description oftheir lots. Councilmember Jacobson stated the addition of a restaurant was discussed and would there be adequate parking for this. Mr. Vanelli stated they feel there is adequate parking available. Councilmember Jacobson stated Mr. Vanelli is asking for special consideration for the PUD. Mr. Vanelli stated the first issue is the setbacks and from garage to garage, they are not encroaching and the cul-de-sac is only six hundred feet when taking into consideration the existing driveway coming off of Coon Creek. The length is not an issue because there are adequate turnarounds on both ends and it is a standard street. Councilmember Jacobson stated the whole thing driving this is the money and that is why they need eleven units. He believed the units in the area are out of character with the rest of the surrounding area. Mayor Gamache asked if they could put any houses on the north side of the road. Mr. Johnson stated they would like to but it is the park. Councilmember Jacobson asked ifthey could move the road down and build on both sides. Mr. Johnson stated he thought the soil could be an issue because of all the wetland. Councilmember Trude asked with the change of ownership, is it their plan to try to do a project like this to keep the golf course alive. Mr. Vanelli stated it is their intention and they feel the golf course could be improved. He stated the opportunity is there as far as the community is concerned that a restaurant could maintain itself in the area. Councilmember Trude asked if they could not get the restaurant going, could they sell off parts of the golf course and build houses on the entire property. Mr. Vanelli stated he did not think they could because this is the only buildable area on the property. Councilmember Trude stated she would like to see this be successful and the housing is attractive and there is demand for this type of housing in the City. Mayor Gamache asked Mr. Neumeister if this is out of the MUSA, would it be a minor Comprehensive Plan amendment and if so, what does that mean. Mr. Neumeister stated anything less than forty-acres the Met Council sees change of land use as a minor Comprehensive Plan Amendment and it usually takes a tum around of a month or less from the time they submit it until they receive it back. Councilmember Jacobson asked what their timetable would be if approved. Mr. Vanelli stated they would like to start this in the spring. Councilmember Jacobson asked if they would need a zoning change for the restaurant. Mr. Neumeister stated there would not be a need for a zoning change because there is a provision in the Ordinance that allows this type of use in a residential area. -> - f-~'-~--'~ - ,- - ..-.- I Regular Andover City Council Meeting Minutes - November 6, 2002 Page 14 Mr. Mike Caron, 3336 South Coon Creek Drive stated he would be one of the owners affected by this and understands that the owners have a right to develop this but he has concerns with the location of the lift station because it will be right by his property. He stated there have been questions on the parking and he did not believe with tournaments and the addition of a restaurant, the current parking would be adequate. He stated there is no parking on South Coon Creek Drive because it is a State Aid road and his concern is with emergency equipment being able to get in and out with on street parking. He stated the only other concern is if the development were to go through, South Coon Creek Drive is a busy road and there is no safe way to get to local businesses on Round Lake Boulevard and if the development were to go through, could the trail system be developed along with this to allow the residents in their development access to the businesses on Round Lake Boulevard. Councilmember Jacobson stated he would like to see the land stay R-4. Councilmember Trude stated this would spread the units out a little further. Councilmember Knight asked if there was any way to expand the parking lot. Mr. Vanelli stated that if they could bring the water and sewer into the clubhouse, they could eliminate the drain field and build on top of this. Mr. Jonathan Jasper, 14197 Orchid Street stated he has concerns regarding this project. The project does not match the character of the neighborhood and when they are squeezed in along with the longer cul-de-sac alters the neighborhood. He stated he has invested a lot of money into his house within the last couple of years and he is concerned about building some townhouses on substandard lots. He stated he did not know if the issue of the restaurant should be a part of the housing because the restaurant should be able to maintain ¡tselfwithout the housing there. He also stated that he is concerned with the cul-de-sac being so close to the park because there is no parking lot for the park. Councilmember Orttel stated the park was built for local children only and that is why there is not a parking lot. Mayor Gamache asked Mr. Jasper if the price of the townhomes made him feel better about them. Mr. Jasper stated it did not because there are already so many architecturally unique homes on the golf course and this would stand out from the rest of the area. He stated his concern is they are putting too many houses in too small of an area and they are asking for too many variances. Mayor Gamache asked if the petitioner would consider looking at trading some of their land for some of the areas in the park because it is not being used. City Attorney Hawkins stated he believed the park was dedicated in a plat. He stated they would need to vacate it and it would go back to the original entity that platted it and then they have the consideration of the people that purchased lots in there based on the park there and what rights they have to have it continue to be a park, so there are a lot of issues involved. Councilmember Trude stated they could trade land and shift the park to allow the houses to be built on both sides of the cul-de-sac. . .,. . .- ~~ + . - - ~-_.- [ Regular Andover City Council Meeting Minutes - November 6, 2002 Page 15 Mayor Gamache stated this is a sketch plan and no action is necessary. They just needed to give ideas and advise and he hoped the Council helped out. CONSIDER ADOPTING FIRE WORKS ORDINANCE MUNICIPAL REGULATIONS, CONTINUED Fire Chief Winkel stated fireworks of all kinds for public purchase and use have been prohibited in Minnesota since 1941. During the 2001-2002 Legislative session lawmakers approved a change in the fireworks laws that would allow the use of some types of consumer fireworks. Mr. Erar asked that the Council table this item until the next meeting. The Council agreed without a motion. CONSIDER REVISIONS/DEVELOPMENT POLICY GUIDELINES Community Development Director Neumeister stated the City Council originally approved the "Development Policy Guidelines" in 1993 and since that time there have been some changes. After recently reviewing the document, staff is proposed a change in Section 3, which details the process/procedure for new plat submittals. Mr. Erar asked that the Council table this item until the next meeting. The Council agreed without a motion. SCHEDULE NEIGHBORHOOD MEETING/RURAL RESERVE/Ol-22 City Administrator Erar stated staff is proposing a neighborhood meeting for November 20, 2002 from 4:30-7:30 p.m. to gather input from property owners regarding their interest in being included in the Rural Reserve Area. Mr. Neumeister discussed this item with the Council. Motion by Trude, Seconded by Jacobson, to schedule a neighborhood meeting of property owners in the Rural Reserve Study Area for the evening of Wednesday, November 20,2002 from 4:30 - 7:30 p.m. in the City Council chambers. Motion carried unanimously. Councilmember Knight stated that with the elections, they should sit back and see which direction the Met Council is going to go because there is some disagreement. ACCEPT EDA COMMISSIONER RESIGNATION -APPOINT EDA (VOTING) MEMBER . - .- - ..-. --.. ¡ Regular Andover City Council Meeting Minutes - November 6, 2002 Page 16 TO FILL VACANCY City Administrator Erar stated EDA Commissioner Terri Hokanson-Olsen has submitted her resignation from the Andover Economic Development Authority due to the reason that she has moved out of the City's corporate limits. Motion by Orttel, Seconded by Knight, to accept the resignation of Commissioner Terri Hokanson-Olsen and appoint Fred Larsen III as the new voting Cornmission Member. Motion carried unanimously. SCHEDULE EDA BOARD MEETING Motion by Trude, Seconded by Orttel, to schedules a special EDA Board meeting for Monday, November IS, 2002 at 7:00 p.m. Motion carried unanimously. MAYOR/COUNCIL INPUT (Prairie Road Construction) - Mayor Gamache asked what the status is of this road. Councilmember Trude stated they are paving the trail this afternoon and have prepared the roadbed and waiting to pave it but it would probably be spring before this is done unless they got a stretch of warm weather. Mr. Dickinson stated that thirty days ago they put through payment number one and he would anticipate it nearing completion quickly. He stated it was a reconstruct project. (Dirt Bike Ordinance) - Councilmember Jacobson stated he thought they asked the Planning and Zoning Commission to look at the noise but he did not know staff was writing up an Ordinance to submit to them for approval or denial. Mr. Neumeister stated what he understood the direction to be was to study the dirt bike ordinance from Ham Lake, Sherburne County, the ATV task force and bring it to the Planning Commission to get input from them. He stated there is not any firm recommendation from the staff going to the meeting. They are taking infonnation to them and let them discuss this and see if there is any support for this. He stated that what they are presenting is where they had one resident who proposed language where they take the ATV/Snowmobile Ordinance and insert dirt bike in there and then put some setback provisions as to the distance from adjoining homes that they would have to get permission. He stated they are just going to get the Planning Commissions feedback. (Sanitary Sewer Break) - Councilmember Jacobson stated staff did a super job and outdid themselves and he thinks it would be nice if the Council write a letter or give a certificate to show their appreciation. He stated that there were two residents who had some problems and they really worked with the City and he thought they should send a letter of appreciation. Councilmember Orttel asked what had caused the break. Mr. Erar stated apparently there were some - ~ - ~ - .-.....-. , T'- ".. ~__H ~, \ Regular Andover City Council Meeting Minutes - November 6, 2002 Page 17 design specifications not entirely adhered to by the contractor. The design specifications by the consulting engineering firm were correct, but due to the depth of the line, it apparently deviated from it because in order to install it, they had to trench box the line and in terms of the angle that the connection was made at, put more pressure on it, which caused it to crack. He stated they are exploring what their alternatives and options are with the City Attorney. Motion by Knight, Seconded by Orttel to send a letter of commendation to everyone involved with the Sanitary Sewer Break cleanup to show appreciation. Motion carried unanimously. Mayor Gamache stated the Council would break to go into an executive session to discuss pending litigation involving Austin Diversified Products at 11:15 p.m. The Council reconvened to adjourn the meeting at 11 :30 p.m. Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :30 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary --,- ..