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HomeMy WebLinkAboutCC March 6, 2001 ~ a.-a...... witt:f:uì 3/blol CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - Tuesday, March 6, 2001 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Approval of Minutes minutes Plaque Presentation/Park & Recreation Commission Consent Items I. Approve Revised Resolution Adjusting Public Hearing Date/00-5I7th Avenue Area adpt9935 2. Accept Feasibility ReportlOO-37/Townhomes of Woodland Creek acptOO37 3. Accept Feasibility Report/00-39/Chesterton Commons North 2nd Addition acptOO39 4. Accept Feasibility ReportlOO-401W00dland Oaks acptOO40 5. Accept Feasibility Report/OO-4I/White Pine Estates acptOO41 6. Order Plans & Specs/OO-8/Sunshine Park Parking Lot & Bituminous Trail Improvements ord008 7. Approve Final PlatIWoodland OaksIWoodland Development woodland 8. Approve Special Use Permit (SUP 01-02)/16950 Verdin Street NW/Anoka-Hennepin ISD # II supOl02 9. Adopt Resolution Establishing Building Permit Fees For 2001 fees 10. Approve Quote/01-7/Purchase of Soccer Goals at Various Parks qt017 I I. Status of Test Well #8 testwelI Discussion Items 12. Approve Association Documents/Townhomes of Woodland CreekIWoodland Development association 13. Approve Final PlatITownhomes of Woodland CreekIWoodland Development fplat 14. Approve Final Landscape Plan/Townhomes of Woodland CreekIWoodland Development l1andscape t 5. Discuss Amendment to Ordinance No. 255, Multi-family Housing Moratorium Ordinance amendment Staff Items 16. Schedule EDA Meeting eda Mayor/Council Input Payment of Claims Adjournment ~ ú'.-aJ ~-3I"'\OI CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 6, 1001 MINUTES The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 6, 2001, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Acting City Administrator, Dave Carlberg Others AGENDA APPROVAL Add Youth Art Proclamation after the Plaque PresentationlPark and Recreation Commission. Remove from Consent Agenda Item 3, Accept Feasibility Report/IPOO-39/Chesterton Commons North 2nd Addition, for discussion. Include setting a special Council work session under Item 16. Schedule EDA Meeting. Mr. Erickson noted the letters are on file for Items 2, 3, 4 and 5 waiving the public hearings. Motion by Jacobson, Seconded by Knight, the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES February 13, 2001, Special Meeting: Page 4, last paragraph, under Propose legislation for finances for water treatment plant, change first sentence to: "There was some discussion on asking the legislature for a waiver of sales taxes on purchases related to the construction of a water treatment plant." February 20,2001, Regular Meeting: Page 9, Approve Rezoningfor D. H Land Company, change "Ordinance 8DDDDDD" to "Ordinance 8EEEEEE". Page II, fIrst paragraph under Discuss Co-cities Community Center Focus Group, change "Oak Grove" to "Oak View". Motion by Knight, Seconded by Trude, approval of the February 13 and 20 Minutes as corrected. Motion carried unanimously. Regular Andover City Council Meeting Minutes - March 6,2001 Page 2 PLAQUE PRESENTATION/PARK AND RECREATION COMMISSION Mayor Gamache presented a plaque of appreciation to Jeff Kieffer for his service on the Park and Recreation Commission from 1986 to 2000. Mr. Kieffer expressed gratitude for being able to contribute to the Park Board. The Mayor also noted a plaque of appreciation will be presented to Tom Anderson who was not able to attend this evening for his years of service on the Park and Recreation Commission from 1988 to 2000. YOUTH ART PROCLAMATION Mayor Gamache read the proclamation that March be observed as Youth Art Month. CONSENT AGENDA Item 1 Approve Revised Resolution Adjusting Public Hearing Date/IPOO-S/Seventh Avenue Area (Resolution R031-01 for hearing to be held on April 17, 2001) Item 2 Accept Feasibility Report/IPOO-37ffownhomes of Woodland Creek (Resolution R032-01) Item 4 Accept Feasibility Report/IP00-40/Woodland Oaks (Resolution R033-01) Item S Accept Feasibility Report/IPOO-4I/White Pines Estates (Resolution R034-01) Item 6 Order Plans and Specs/IPOO-8/Sunshine Park Parking Lot and Bituminous Trail Improvements (Resolution R03S-0I) Item 7 Approve Final PlatIW oodland Oaks/W oodland Development (Resolution R036- 01) Item 8 Approve Special Use Permit (SUP 01-02)1I69S0 Verdin Street NW/Anoka Hennepin ISD #11 (Resolution R037-01) Item 9 Adopt Resolution Establishing Building Permit Fees for 2001 (Resolution R038- 01) Item 10 Approve Quote/IPOI-7/Purchase of Soccer Goals at Various Parks Item II Status of Test Well #8 Motion by Trude, Seconded by Orttel, to approve the Consent Agenda as presented. Motion carried unanimously. ACCEPT FEASIBILITY REPORT/IPOO-39/CHESTERTON COMMONS NORTH 2ND ADDITION No one was present to represent the developer this evening. Mr. Erickson explained the developer has requested this item be discussed by the Council. The issue is who is responsible for paying for the approximately 300 feet of sewer and water lines from the edge of the plat north to 161 st Avenue. Regular Andover City Council Meeting Minutes - March 6,2001 Page 3 (Accept Feasibility Report/1POO-39/Chesterton Commons North 2nd Addition, Continued) The developer is not contesting the street and storm sewer assessments, but is arguing the sewer and water should not be part of his costs because it is outside of the development. The street right of way is a part of the plat. Attorney Hawkins noted the extension of sewer and water up this portion of the road actually benefits the property adjacent to the street, not the developer. The developer does not need those lines for his plat, though he does need the street. When the adjacent property asks for those utilities, they would be assessed. An option would be for the sewer and water lines to be put in now and the City pay for the assessments, then be reimbursed with interest when the adjacent properties hook up. Mr. Erickson noted if the lines are not put in now, the road will be blacktopped and would have to be ripped up when the lines are installed in the future. Councilmember Orttel felt this is a unique situation where the policy as written, that is to bring the utility lines to the property line of the plat, is in conflict. The developer is receiving no benefit, but it is a part of the entire system. Winslow Holasek noted the street in the ghost plat between Chesterton Commons North 2nd Addition and 161 st A venue. He asked if the policy would be the same if 161 st was the road in the ghost plat with only one lot between the plat and 161 st. He asked because there are several examples like that in Winslow Hills where the developer paid for the extension of the sewer and water lines 60 feet beyond the plat. There is trunk sewer and water extended at least SO or 60 feet beyond the end of the street at ISI st and ISOth. After some discussion on the issue, Mr. Erickson stated he will contact the developer to clarity his intent. This is an assessment issue and does not interfere with the development of the plat. Motion by Jacobson, Seconded by Trude, to approve Item 3 with the proviso that we are aware of the objection by the developer to certain portions of the street and we recognize that as a valid objection which will be handled at the time of the assessments. (Resolution R039-01) Motion carried unanimously. ASSOCIATION DOCUMENTS/I'OWNHOMES OF WOODLAND CREEK In the association documents, Page 14, relating to the townhome association providing the plantings, but not watering them: Byron Westlund, Woodland Development, explained irrigation is provided for the plantings but will be coming off the individual units as a part of the utility expenses. The association will not pay for the water or power to run the sprinkler system. In the association documents, Page 15, Section 10,4, The Right to Access: Change language to eliminate "private streets", to read "City of Andover shall have the right of and access over the common elements for the purpose of..." Regular Andover City Council Meeting Minutes - March 6, 2001 Page 4 (Association Documents/Townhomes of Woodland Creek, Continued) In the Articles ofIncorporation, Woodland Creak Townhomes, Page 3, Article 8, Dissolution: The concern is the ability to dissolve the association. Mr. Westlund thought a very high percentage is required to dissolve it. He would have to research whether there is a statutory basis for it. In the Articles of Incorporation, Page 9, last sentence: It was pointed out the sentence does not make sense, that probably a portion of the paragraph was inadvertently omitted. Mr. Westlund stated he will check on that and have it corrected. A question was raised on the ability to enter the homes. Mr. Westlund stated the documents were put together by a reputable legal firm, and he didn't know whether or not that is regulated by statute. The terms of the documents are enforced. Much of it depends on the Board of Directors. If the assessments are not paid, a lien is placed against the property and a judge could require a foreclosure and sale by the Sheriff to pay the lien. They have not had problems with associations in the past. Attorney Hawkins stated if the Board of Directors does not enforce the documents, the City can do so as a last resort. Councilmember Trude felt the documents are confusing to the average person, who may not be able to determine who is a member of the association. She suggested they be made more clear. Councilmember Orttel wondered if the City could adopt a boiler plate of the documents that all associations in the City could use. Attorney Hawkins stated much of it is boiler plate, but the declarations are going to be unique to the property and may be more difficult to include. Motion by Jacobson, Seconded by Orttel, the documents listed under Item 12 in the discussion items tonight with the caveat Article 8 called dissolution under the Articles of Incorporation, have the City Attorney look at that particular section to make sure it complies with state law. Motion carried unanimously. APPROVE FINAL PLATnOWNHOMES OF WOODLAND CREEK/WOODLAND DEVELOPMENT Mr. Erickson explained the road is looped, with no parking on one side. The east-west streets are 30 feet wide. The easterly street is 28 feet with no parking on either side for emergency vehicle safety. This allows two-way traffic. Mr. Carlberg noted there will be a sign for the development on the comer of Marigold Street and Bunker Lake Boulevard. Outlot A is listed in the association documents as a common area to be maintained by the association. Byron Westlund, Woodland Development, noted there is a narrow strip of land connecting the outlots on the east and west ends of the plat. There is only one outlot. There will be a fence along Bunker Lake Boulevard as well as one along Marigold to tie into the existing neighborhood. Black Hills Spruce trees will be planted along the north side of the plat as a natural buffer between this Regular Andover City Council Meeting Minutes - March 6,2001 Page 5 (Approve Final PlatlTownhomes of Woodland Creek/Woodland Development, Continued) development and the single family homes to the north. Councilmember Orttel liked the round corners on the street as opposed to the 90-degree turns. He felt it provides a nice traffic flow around the neighborhood. He hoped that can be encouraged in other developments. Mr. Westlund reviewed the landscaping plan for the development, noting the list of plants to be used and locations. Different species will be used on the units facing north which will not have as much sun and those facing south which will have more direct sun light. There will be a sidewalk along Marigold on the west side of the fence. Motion by Knight, Seconded by Jacobson, the Resolution as presented (Resolution R040-01 approving the final plat of the Planned Unit Development of the Townhomes of Woodland Creek) Motion carried unanimously. APPROVE FINAL LANDSCAPE PLANnOWNHOMES OF WOODLAND CREEK! WOODLAND DEVELOPMENT Motion by Jacobson, Seconded by Orttel, move approval of Item No. 14 (landscape plans/Townhomes of Woodland Creek) Motion carried unanimously. DISCUSS AMENDMENT TO ORDINANCE NO. 155, MULTI-FAMILY HOUSING MORATORIUM ORDINANCE Mr. Carlberg explained the ordinance for the one-year moratorium on multi-family housing will expire on April 28, 2001, and it can be extended an additional 18 months by Statute. Staff was asked to prepare something to allow the Dave Harris Development project to proceed, which consists of two four-unit buildings on the southeast corner of Crosstown Drive and 138th Avenue. To do so, the moratorium ordinance must be amended to provide for an exemption. If this is agreeable, a public hearing will be scheduled at the March 20, 200 I, City Council meeting. Mr. Harris was the only developer in the sketch plan process when the moratorium was passed, so he will be the only developer affected by the amendment. The amendment will allow him to proceed. Councilmember Knight noted the plan proposed by Mr. Harris definitely fits into the overall master plan proposed for that area. Motion by Jacobson, Seconded by Trude, that the City Council authorize a public hearing on March 20,2001, to amend Ordinance No. 255 as discussed this evening. Motion carried unanimously. Regular Andover City Council Meeting Minutes - March 6, 2001 Page 6 SCHEDULE EDA MEETING/SPECIAL CITY COUNCIL WORK SESSION Mr. Carlberg suggested the meeting be held on Thursday, March 22, 2001, to allow time for Staff to prepare all of the information. An item to be discussed at the work session would be the Comprehensive Plan issued relating to the 2020-2040 MUSA boundary. Staff needs to know the ultimate boundary to determine sewer flows. That is really a political decision. The Metropolitan Council needs those flows to determine whether or not the CAB Interceptor should be built. If it can be shown that Andover's ultimate boundary can be served through the Coon Rapids Interceptor, the CAB Interceptor may not be built. The Metropolitan Council is wanting that information as soon as possible to get the time clock started on the City's Comprehensive Plan. Councilmember Trude suggested they receive an update on the investigation of the water treatment plant financing. Councilmember Orttel noted there is a huge difference in cost by using a pressure system. He felt that needs to be investigated and determine the type of system the City will use before financing is considered. Discussion was on water quality issues that need to be addressed and that the public should be informed and have a say on the issue. Mr. Erickson stated Staff can have an update for the work session to talk about some of the issues. Mr. Carlberg stated there may also be left over issues to consider from the joint meeting with the Park and Recreation Commission. Motion by Knight, Seconded by Jacobson, to schedule the EDA and Special City Council Work Session immediately following for the 22nd of March. Motion carried unanimously. MAYOR/COUNCIL INPUT Nature's Run - Councilmember Jacobson noted a letter of concern over the potential Indian mounds within the plat area of Nature's Run. That is being investigated and should be reviewed before the plat is finaled. Ability of Metropolitan Council to review plat plans - Attorney Hawkins stated he ¡~ .il} the process of reviewing that issue and should have a response in the next couple meetings.' -; Legislative issues - Councilmember Trude stated she was contacted by Senator Debbie Johnson regarding the City's position on the Metropolitan Council. She is very interested in working with the City. Mr. Carlberg stated he will contact her. Mr. Dickinson stated there is a lot oflobbying from the League of Minnesota Cities and the AMM. There is also pressure in the legislature to go with abatement rather than tax increment financing. Seventh Avenue utility improvements - Mayor Gamache stated the people are concerned that the City is forcing them to have municipal sewer and water. He assured them that is not the case. It was a matter of presenting the option because of the street improvement project. He encouraged people to continue writing or e-mailing the Council. Regular Andover City Council Meeting Minutes - March 6, 2001 Page 7 (Mayor/Council1nput, Continued) E-mail addresses - Mr. Dickinson stated e-mail addresses have been set up for the Mayor and Councilmembers. They can also have that e-mail sent directly to their home, have them pick it up at City Hall or have Staff print them out and fax them to the Councilmembers. He asked each Councilmember to let him know what works best for them. Youth First/Mayors' Prayer Brealifast - Mayor Gamache announced the Youth FirstlMayor's prayer breakfast to be held at Lord of Life Church in Ramsey and invited other Councilmembers to attend. Andover Station update - Mr. Carlberg stated the developer has signed a Letter of Intent but legal counsel is now working on the purchase agreement. He hopes to have an update for the EDA at their March 22 meeting. The developers are hoping to begin construction on the grocery this summer. He also noted that there will be an update in the next newsletter on the construction of First Alliance Bank on Bunker Lake Boulevard and Jay Street. Road under water - Councilmember Orttel noted Prairie Road at about I 40th is under water. There is no storm sewer there and the road is starting to deteriorate. Water runs into some of the yards. He suggested Staff look at getting a pipe through there. Mr. Erickson stated he will bring that item to the Public Works Committee to look at options. It is a State Aid road that will need improvements in the next year or so. Update on Bunker Lake Boulevard - Mr. Erickson noted a portion of Bunker Lake Boulevard by Coon Creek will need to be reconstructed because not all of the poor soils were excavated and the Ioad has settled. One section of the City's sanitary sewer line is also settling, though there is still flow through it. It will be a big project. Bunker Lake Boulevard will have to be shut down for a short time. The contractor and county are determining who will be responsible for repairing it. APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Orttel, to approve Claims. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:24 p.m. Respectfully submitted, \~~~ ~~L Marc lIa A. Peach Recording Secretary