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HomeMy WebLinkAboutCC December 19, 2000 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW,· ANDOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - Tuesday, December 19,2000 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Plaque Presentation Discussion Items 1. Anoka County Sheriff Monthly Update sheriff 2, Adopt 2001 General Fund Budget and 2001 Tax Levy general 3. Declare Cost/Order Assessment Role/97-49/Chesterton Commons 2"d Addition, Continued dclr9749 4. Approve Preliminary Plat/Chesterton Commons North Second Addition/Ashford Development ppccn2 5. Accept Petition/Order Feasibility ReportJOO-39/Chesterton Commons North 2"d Addition pet0039 6. Approve Comprehensive Plan Amendment (CPA 00-08)/ RR to RU//Woodland Development cpaOO08 7. Approve Rezoning (REZ 00-06)/R-I to R-4/Woodland Development rezOOO6 8. Approve Preliminary Plat/Woodland Oaks/Woodland Development ppwooa 9. Accept Petition/Order Feasibility ReportJOO-40/Woodland Oaks pet0040 10, Approve Special Use Penn it (SUP 00-14)/Area Identification Sign/Woodland Development supOO14 II. Approve Comprehensive Plan Amend,(CP A 00-09)/RU to RMlWhite Pines Est/Gold Nugget Dev. cpaOOO9 12. Approve Rezoning (REZ 00-07)/R-I to R-4 & M-I/White Pines Est/Gold Nugget Dev. RezOOO7 13. Approve Special Use Pennit (SUP 00-15)/PUD/White Pine Est/Gold Nugget Dev. suppudwp 14. Approve Preliminary Plat/White Pine Estates/Gold Nugget Development ppwpe 15. Accept Petition/Order Feasibility ReportJOO-41/White Pine Estates/Gold Nugget Dev. petOO41 16. Approve Comprehensive Plan Amend.(CPA 00-10) RU to RM/Aztec Estates/Harstad Companies cpaOOlO 17. Approve Rezoning (REZ 00-08)/R-4 to M-I / Aztec Estates/Harstad Companies rezOOO8 18. Approve Special Use Pennit (SUP 00-16)/PUD/Aztec Estates/Harstad Companies suppudaz 19. Approve Preliminary Plat/Aztec Estates/Harstad Companies ppaztec 20. Accept Petition/Order Feasibility ReportJOO-42/Aztec Estates petOO42 21. Approve Comprehensive Plan Amendment (CPA OO-II)/RU & OS to RM/D,H. Land Company cpaOOll 22. Approve Rezoning (REZ 00-09/R-4 & R-I to M-I/D,H. Land Company rezOOO9 23. Approve Special Use Pennit (SUP 00-17)/PUD/Nature's Run/D.H. Land Company suppudnr 24. Approve Preliminary Plat/Nature's Run/D.H, Land Company ppnatru 25. Approve Special Use Penn it (SUP 00-18)/Area Identification Sign/D.H, Land Company supOO18 Non-Discussion/Consent Items 26, Approve 2001 PIR Fund Budget pir 27. Approve 2001 Risk Management Fund Budget risk 28. Approve 2001 Special Revenue Budgets special 29, Approve 200 I Enterprise and Capital Equipment Fund Budgets enterprise 30. Approve 200 I Employee Cost of Living Increase living 31. Renew GIS Contract gis 32, Adopt 2001 Fee Schedules fee2001 33. Adopt Ordinance 243A/ Ordinance Establishing Rules for the Organization & Procedure of the City Council/Change Agenda Fonnat agendaform -. Regular City Council Meeting - Tuesday, December 19, 2000 Page Two 34. Approve Revised Tournament Application Form for Softball and Baseball softball 35. Update of2001 Grant Application Round updtgrant 36, Approve Quotes for Test Drilling/OO-18/Andover Boulevard Extension qtOO18 37. Approve Letter of Recognition/Telecommunications Tower Ordinance Review Task Force letter 38. Approve Variance/l4287 Raven Street NW/GroustralContinued groustra 39. Approve Ordinance Summary/Ordinance 270/0rdinance Regulating Antennas & Towers ord270sum 40. Approve Final PaymentJOO-3/2000 Crack Sealing fpayOO3 41. Approve Revised Resolution/Accept Petition/Order Feasibility Repbrt!00-37/ appr0037 Woodland Creek Townhomes 42. Approve Final Payment/99-35/Woodland Estates 2nd Additon fpay9935 43. Declare Cost/Order Assessment RoI1/99-35/Woodland Estates 2nd Addition dclr9935 44. Approve Change Order #2/00-22/Misc. Concrete Curb & Gutter co20022 45. Approve Garbage Hauler LicenselWalter's Recycling waIters Mayor/Council Input Payment of Claims Adjournment __+'H_' -~-. ,--.... " , REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 19, 2000 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . , . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . , . . . . . .. 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 CONSENT AGENDA Resolution R258-00 approving 2001 PIR fund budget .......................... 1 Resolution R259-00 approving 2001 Risk Management fund budget. . . , . . . . . . . . . .. 1 Resolution R260-00 approving 2001 Special Revenue Budgets .,................. 1 Resolution R261-00 approving 2001 Enterprise and Capital Equipment fund budgets . 2 Approve 2001 employee cost of living increase (3 percent) ...........,.......... 2 Renew GIS contract (PlanSight) . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Adopt Ordinance 243A1Establishing rules for the organization and procedure of City Council/Change agenda format . .. . . . . , . .. . . . . . . . . . . . . . . . , . .. . , . , . .. 2 Approve revised Tournament Application for softball & baseball ...,............, 2 Update of2001 grant application round.. .. . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . .. .. 2 Approve quotes for test drilling/IPOO-18/ Andover Boulevard extension. . . . . . . . . . . .. 2 Approve letter of recognitionffelecommunications Tower Ordinance review task force 2 Resolution R262-00 approving variance/14287 Raven Street NW/Groustra. . . . . . . . .. 2 Approve ordinance summary/Ordinance 270/Regulating Antennas and Towers ...... 2 Resolution R263-00 approving final payment/IPOO-3/2000 Crack sealing ........... 2 Resolution R264-00 approving revised resolution/Accept petition/Order feasibility report. IPOO-37/Woodland Creek townhomes ................................... 2 Resolution R265-00 approving final payment/IP99-35/Woodland Estates 2nd ......, 2 Resolution R266-00 approving Change Order #2/IPOO-22/Misc concrete curb and gutter 2 Approve garbage hauler license/W alter's Recycling ............................ 2 APPROVAL OF MINUTES ...........,...................................... 2 PLAQUE PRESENTATION (to Mayor McKelvey) . . . . .. .. . . . . . . . . . . . . . . .. . . . .. . .. 3 ANOKA COUNTY SHERIFF MONTHLY UPDATE. . . . . . . , . . . . . . . . . . . . . . . . . . . . .. 3 2001 GENERAL FUND BUDGET AND 2001 TAX LEVY Resolution R267-00 adopting the budget and tax levy. . . .. . . . . . . .. . .. . .. , . . .. . .. 3 DECLARE COST/ORDER ASSESSMENT ROLL/IP97-49/CHESTERTON COMMONS 2ND Resolution R268-00 declaring cost and ordering assessment roll .................. 3 ASSESSMENT ROLL/IP97-49/CHESTERTON COMMONS 2ND Resolution R269-00 adopting the assessment roll .............................. 3 PRELIMINARY PLAT/CHESTERTON COMMONS NORTH 2ND/ASHFORD. . . . . . .. 4 Resolution R270-00 approving the preliminary plat/Chesterton Commons N 2nd , . . .. 5 ACCEPT PETITION/ORDER FEASIBILITY/IPOO-39/CHESTERTON COMMONS N 2ND Resolution R271-00 accepting petition and ordering feasibility ................... 5 COM PLAN AMEND (CPA 00-08) (RR TO RU)/REZONING (REZ 00-06) (R-1 TO R-4)/ PRELIMINARY PLAT/ACCEPT PETITION AND ORDER FEASIBILITY (IPOO-40)/ SPECIAL USE PERMIT (SUP 00-14) FOR AREA ID SIGN - WOODLAND OAKS Resolution R272-00 amending Comp Land Use Plan for Woodland Oaks. . . . . . . . . .. 6 Motion to rezone Woodland Oaks from R-1 to R-4 . . . , . .. . . . . . . . . . , . . .. . . . . . . .. 7 Resolution R273-00 approving preliminary plat of Woodland Oaks. . .. . . . .. . .. . . .. 7 Resolution R274-00 declaring adequacy of petition and ordering feasibility report. ... 7 Resolution R275-00 approving Special Use Permit for area ID signlWoodland Oaks.. 7 . ._-. .-... -- -..-~-.....-- -- --- ,,- Regular Andover City Council Meeting Minutes - December 19,2000 Table of Contents Page ii COMPREHENSIVE PLAN AMEND (CPA 00-09) (RU TO RM)/REZONlNG (REZ 00-07) (R-1 TO R-4 AND M-l)/SPECIAL USE PERMIT (SUP 00-15) (PUD)/PRELIMlNARY PLAT/ACCEPT PETITION AND ORDER FEASIBILITY REPORT (IPOO-41) -WHITE PlNES ESTATES - GOLD NUGGET DEVELOPMENT. . . . . . , . . . . , . . . . , . . . . . .. 7 Resolution R276-00 amending Comp Land Use Plan for White Pines Estates . . . . . . .. 9 Motion to rezone R-1 to R-4 and M-1/White Pines Estates. . . . . . . . . . . . . . .. . . . . . .. 9 Resolution R277-00 granting Special Use Permit to develop White Pines Estates/PUD 9 Resolution R278-00 approving preliminary plat of White Pines Estates. . . . . , . . . . . .. 9 Resolution R279-00 declaring adequacy of petition and ordering feasibility ......... 9 COMPREHENSIVE PLAN AMENDMENT (CAP 00-10) (RU TO RM)/REZONING (REZ 00-08) (R-4 TO M-1)/SPECIAL USE PERMIT (SUP 00-16) (PUD)/PRELIMlNARY PLAT/ACCEPT PETITION AND ORDER FEASIBILITY REPORT (IPOO-42) - AZTEC ESTATES/HARSTAD COMPANIES.. .. . . . . . . . .. , . . . . . .. .. . , . . . . . . . . . . . .. 10 Motion to amend Comprehensive Plan (fails) .............................." 12 Motion to bring the issue back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 Resolution R280-00 to amend the Comp Land Use Plan for Aztec Estates ......... 13 Motion to rezone Aztec Estates (R-4 to M-l) ................................ 13 Resolution R281-00 granting Special Use Permit for a PUD on Aztec Estates. . . . . .. 13 Resolution R282-00 approving preliminary plat of Aztec Estates . . . . . . . . . , . . . . . .. 13 Resolution R283-00 ordering preparation offeasibility report for Aztec Estates ..... 14 COMPREHENSIVE PLAN AMENDMENT (CAP 00-11) (RU AND OS TO RM)/RElONlNG (REZ 00-09) (R-4 AND R-1 TO M-1 )/SPECIAL USE PERMIT (SUP 00-17) (PUD)/ PRELIMlNARY PLAT/SPECIAL USE PERMIT (SUP 00-18) FOR AREA ID SIGN - NATURE'S RUN - D.H. LAND COMPANy................................ 14 Motion to table to the January 16,2001, meeting + set work session forJan. 9 ...... 17 2001 FEE SCHEDULES Resolution R284-00 approving the fee schedule ....................,......... 17 MAYOR/COUNCIL lNPUT Geotechnical reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 18 Metropolitan Council- Comprehensive Plan status. . .. .. . . . . . . . . . .. . .. . . . . . . .. 18 Gratitude to the Mayor . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . .. 18 PAYMENT OF CLAIMS .....,............,.............,.................. 18 ADJOURNMENT..................,...................................... 18 - _..~ - .. CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 19, 2000 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, December 19, 2000, 7:03 p.m., at the Andover City Hal!, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Ortiel, 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 RESIDENT FORUM Thomas Hamilton. 1561 Andover Boulevard - submitted a petition from the residents between Hanson Boulevard and Crosstown Boulevard requesting the preliminary plat review of Nature's Run be tabled until the newly elected Council and Mayor are in place. Mayor McKelvey stated he is the only person that will be replaced on the Council and he intends to abstain on all items relating to these projects. Council agreed to review this request when the items on Nature's Run are considered. AGENDA APPROVAL Add Item 3a, Adopt Assessment RolVIP97-49/Chesterton Commons 2nd Addition. Delete Item 43, Declare Cost/Order Assessment Ro11/IP99-35/Woodland Estates 2nd Addition. Remove Item 32, Adopt 2001 Fee Schedules, ITom the Consent Agenda for discussion. Note the updates before the Council on Items 29, Approve 2001 Enterprise and Capital Equipment Fund Budgets, and 38, Approve Variance/14287 Raven Street NW/Groustra. Motion by Trude, Seconded by Jacobson, approval of the Agenda. Motion carried unanimously. CONSENT AGENDA Item 26 Approve 2001 P1R Fund Budget (Resolution R258-00) Item 27 Approve 2001 Risk Management Fund Budget (Resolution R259-00) Item 28 Approve 2001 Special Revenue Budgets (Resolution R260-00) _ _'H" ..-..... Regular Andover City Council Meeting Minutes - December 19, 2000 Page 2 (Consent Agenda, Continued) Item 29 Approve 2001 Enterprise and Capital Equipment Fund Budgets (Resolution R261-00) Item 30 Approve 2001 Employee Cost of Living Increase (3 percent) Item 31 Renew GIS Contract (PlanSight) Item 33 Adopt Ordinance 243A10rdinance Establishing Rules for the Organization and Procedure of City Council/Change Agenda Format Item 34 Approve Revised Tournament Application Form for Softball and Baseball Item 35 Update of200l Grant Application Round Item 36 Approve Quotes for Test DrillingllPOO-18/Andover Boulevard Extension Item 37 Approve Letter of RecognitionlTelecommunications Tower Ordinance Review Task Force Item 38 Approve Variance/14287 Raven Street NW /Groustra (Resolution R262-00) Item 39 Approve Ordinance Summary/Ordinance 270/0rdinance Regulating Antennas and Towers Item 40 Approve Final PaymentJIPOO-3/2000 Crack Sealing (Resolution R263-00) Item 41 Approve Revised Resolution/Accept Petition/Order Feasibility Report/IPOO- 37/Woodland Creek Townhomes (Resolution R264-00) Item 42 Approve Final PaymentJIP99-35/Woodland Estates 2nd Addition (Resolution R265-00) Item 44 Approve Change Order #2/IPOO-22/Miscellaneous Concrete Curb and Gutter (Resolution R266-00) Item 45 Approve Garbage Hauler LicenseIWalter's Recycling Motion by Knight, Seconded by Trude, approval of the Consent Agenda. Motion carried unanimously. APPRO V AL OF MINUTES November 30, 2000, Truth-in-Taxation Meeting: First page, 2nd paragraph, 3rd sentence, to read "The City property tax rate is decreasing slightly". 5th sentence to read "The maximum increase is 8.5 percent increase barring new construction." December 5, 2000, Regular Council Meeting: Page 10, under Approve Transfers Related to High School Development, 6th sentence to read "The $100,000 from the PIR was money not designated, and $100,000 remains in the PIR to purchase the property adjacent to Public Works." Motion by Jacobson, Seconded by Orttel, the November 30 and December 5 Minutes with the change as indicated by Mr. Dickinson. Motion carried unanimously. - - - - __ -0- -, Regular Andover City Council Meeting Minutes - December 19, 2000 Page 3 PLAQUE PRESENTATION Acting Mayor Knight presented a plaque to Mayor McKelvey expressing appreciation for his 10 years of service to the City of Andover as Councilmember and Mayor. Councilmember Trude stated many parents appreciate the hours of work by the Mayor in getting the high school to the City. Mayor McKelvey thanked the Council and Staff for their support, stating he intends to remain active in the City. ANOKA COUNTY SHERIFF MONTHLY UPDATE Captain Larry Klink reviewed the Sheriff's Report for the month of November, noting a total of904 calls for service. Since November 18, they had 11 snowmobile complaints in the City, which included 1 property damage accident, one trespass complaint and two unfounded complaints. One warning and 6 tags were given for snowmobiling south of 161st; and on 7 complaints the snowmobilers left before the officer arrived on the scene. ADOPT 2001 GENERAL FUND BUDGET AND 2001 TAX LEVY Motion by Jacobson, Seconded by Trude, the Resolution as presented, noting the change in the Intergovernmental Revenue as indicated ($1,083,004). (Resolution R267-00) Motion carried unanimously. DECLARE COST/ORDER ASSESSMENT ROLVlP97-49/CHESTERTON COMMONS 2ND ADDITION Mr. Erickson stated Staff and the developer worked through the assessment roll and agreed to slight adjustments in the dollar amount. Staff is recommending approval. Motion by Trude, Seconded by Knight, approving the Resolution declaring cost and ordering preparation of the assessment roll according to the corrected version ($958,985.90). (Resolution R268-00). Motion carried unanimously. ADOPT ASSESSMENT ROLVlP97-49/CHESTERTON COMMONS 2ND ADDITION Motion by Jacobson, Seconded by Orttel, approval of the Resolution. (Resolution R269-00 to adopt the assessment roll/IP97-49) Motion carried unanimously. . , ..... ~ .. ' - Regular Andover City Council Meeting Minutes - December 19, 2000 Page 4 APPROVE PRELIMINARY PLAT/CHESTERTON COMMONS NORTH SECOND ADDITION/ASHFORD DEVELOPMENT Jerry Windschitl, Ashford Development, reviewed the proposed 14+-acre plat consisting of39 single family homes. All utilities were planned when the First Addition of Chesterton Commons North was done. There is only one variance request, a nine-foot variance from Ordinance 8, Section 6.02 for Lot 1, Block 3 as it does not meet the 130-foot minimum depth requirement. There is no request for an area identification sign. The road location to 161 st is about a quarter mile long and does not impact the two existing homes. He does not own any other property to move it. The only other options would be to not build the road north to Constance Boulevard and have everyone outlet to the south or to put a cul-de-sac just before 161st. Mr. Carlberg explained Staff and the developer looked at the entire area during the sketch plan stage, which includes two other proposed developments to the east. There are a lot of wetlands north and west with no other accesses to the west on 161st. There are five-acre metes and bounds parcels and wetlands along both Hanson Boulevard and 161 st A venue. This road to 161 st plus the others proposed for the developments to the east all meet the ordinance requirements for separation. The majority of the traffic will be heading south to Hanson Boulevard. Regarding the complaint of the gentleman to the north of headlights hitting his house, it is felt the traffic will be minimal, plus the house sets up off the grade of the road and off the center. Regarding a question on trails, Mr. Carlberg explained the City only has right of way along 161st to construct a trail as a part of the regional trail system at a later date. The internal trail is shown on the grading plan. This entire area was discussed by Staff and the Park Board. The regional trail will be along Hanson Boulevard and 161st. Mr. Erickson stated the internal trail will be a connecting trail along 159th through this plat and connect with the other developments and eventually tie into a central park being planned for the general area. The idea was to extend it to Hanson Boulevard. Mr. Carlberg stated the issue on the internal trail is whether to construct with bituminous or concrete. The Review Committee was looking at 8-foot internal trails to function as a bikeway and walkway. The majority of the other trails in the City are 10-foot bituminous. The Park Board is thinking the internal trail should be a five-foot sidewalk trail and did not support the larger trail system through the development. ¡fit is a five-foot trail, it would be the responsibility of the developer. For an 8- foot trail, the additional three feet would come from City funds. This will be an issue on all three plats in this area. Concrete would be a shift in policy, but it is more aesthetically pleasing. Mr. Erickson had pictures of bituminous trails through the neighborhoods versus the look of concrete sidewalks. Over time they deteriorate. Concrete is easier to match into driveways and to maintain because the concrete panels can be replaced as needed. With concrete sidewalks, the decision would also need to be made on whether the cost and maintenance would be the responsibility of the homeowner or the City. Most cities assess those costs to the homeowner. He stated there is a 20- year life or more for concrete with individual panels replaced as needed. The life of bituminous trails is 15 to 20 years. It is about $3 per square foot more for concrete. Regular Andover City Council Meeting Minutes - December 19, 2000 Page 5 (Preliminary Plat/Chesterton Commons North Second Addilon/Ashford Dvelopment, Continued) Mr. Windschitl stated concrete sidewalks would be a change in policy, thinking there is only one other place in the City that has a concrete sidewalk for about 300 feet. He understood the Park Board was not recommending concrete sidewalks. He suggested the $350 per lot for trails be used to build the 10-foot wide bituminous trails through all the developments, which are a lot more user fiiendly for bicyclists and joggers. There has been a fairly significant maintenance and rework problem with the quality of concrete recently. He felt bituminous trails would be used a lot more than concrete sidewalks because of their nature. Also, concrete sidewalks are generally three to four feet wide, not five feet. Mr. Carlberg agreed the Park Board was not recommending concrete sidewalks. The Review Committee looked at it based on the thought to tie the entire area together through all plats and to connect with the proposed regional park. Councilmember Knight stated bituminous has become standard for trails and is more inviting. He'd like to know how the residents feel about concrete versus bituminous within the developments. Councilmember Orttel felt bituminous fits better in the rural area and follows the contours better. Councilmember Jacobson stated the issue of concrete versus bituminous can be decided at a later date before the plat is finalized as long as the right of way is preserved. The other Councilmembers agreed they'd like more information before making a decision. Mr. Carlberg then suggested that conditions be put in the Resolutions for all three plats that the sidewalks and trails would be constructed subject to the approval of the City Council. Councilmember Jacobson noted there is an easement between lots to get to the wetland area. He asked that that easement be shown on the grading plans and plans that potential buyers of the lots will see so they know that vehicles will be going between the houses. That will be an issue on all three plats. Mr. Windschitl agreed to add that to this preliminary plat. Motion by Jacobson, Seconded by Orttel, the Resolution as presented by Staff under Section 4 on tonight's Agenda, adding language under Item 2, "Contingent upon the developer obtaining all necessary permits... " (Resolution R270-00 approving the preliminary plat with conditions) DISCUSSION: Mr. Windschitl felt the wording change may hold up the development, as the LGUs will let him grade but won't issue the permit until all items are completed, which can take an extended period of time. Councilmember Orttel stated if the LGU is willing to let the developer go forward, the City will also. However, if there are major changes, he may have to come back to the City, The City's concern is that the plat not be done and then find out it didn't qualifY for the permits in some way. Mr. Carlberg stated the language change will not impact how they do business. Motion carried unanimously. ACCEPT PETITION/ORDER FEASIBILITY REPORT/IPOO-39/CHESTERTON COMMONS NORTH 2ND ADDITION Motion by Knight, Seconded by Trude, the Resolution as presented. (Resolution R271-00 declaring adequacy of petition and ordering preparation of a feasibility report) Motion carried unanimously. Regular Andover City Council Meeting Minutes - December 19, 2000 Page 6 COMPREHENSIVE PLAN AMENDMENT (CPA 00-08) (RR TO RU)/REZONING (REZ 00- 06)(R-I TO R-4)/PRELIMINARY PLAT/ACCEPT PETITION AND ORDER FEASIBILITY (IPOO-40)/SPECIAL USE PERMIT (SUP 00-14) FOR AREA IDENTIFICATION SIGN - WOODLAND OAKS - WOODLAND DEVELOPMENT Byron Westlund, Woodland Development, reviewed the requests for a Comprehensive Plan Amendment for a land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on approximately 20 areas and to amend the current MUSA to incorporate an additional 38.93 acres. This is in conjunction with a preliminary plat of Woodland Oaks, rezoning and Special Use Permit for an area identification sign for 76 single family homes located east of Chesterton Commons North 2nd Addition, south of 161st. They brought the proposal before the P & Z and City Council in June, and at that time they proposed Yellowpine Street to be a permanent cul-de-sac to the south property line. They were asked to make some kind of connection and some type of internal trail system. They have worked through that with the City Staff and the two watershed districts on this particular plat. All issues have been resolved with the watershed districts, and they will be receiving approval from the Coon Creek Watershed at their first meeting in January. They also made the connection of Yellowpine with 156th, and they are showing an internal sidewalk system through there. They will be working with the person at the end of Yellowpine to fix that driveway even though it is outside of the plat. Mr. Westlund noted they are asking for a variance from Ordinance 10, Section 9.06(F) for Lots 3 and 4, Block 3 to allow double frontage lots, and variances from Ordinance No. 10, Sections 9.06A1 and 4 for Lots 14 and 15, Block 4 (lO-foot variance), Lot 6, Block 3 (lO-foot variance) and Lots 7 and 8, Block 1 (8-foot variance) to vary from the minimum 100-foot buildabi1ity requirements. They are also asking for a two-foot variance from Ordinance No.8, Section 6.02 for the minimum lot depth requirement of 130 feet for Lots 9-12, Block 4. The use of geotechnical review will be done on the lots around the wetland area. Councilmember Jacobson was concerned with using geotechnical reviews. As the City develops, development is getting closer to the wetlands and marginal land, yet lower basements are allowed. Mr. Erickson explained they look at the entire area, and certain criteria is applied to the geotechnical test. All lots are evaluated based on the water table elevation, where the water table is in reality. Mr. Carlberg stated on the preliminary plat approval, there should be a condition that the geotechnical report would be submitted to the City, then reviewed and accepted by the City. Councilmember Trude asked that the developer note the vehicle access easements between the plats so future homeowners are aware of them. Mr. Westlund agreed. Councilmember Jacobson noted the issue of concrete versus bituminous trails discussed in the Chesterton Commons North 2nd Addition plat would also apply here. Motion by Jacobson, Seconded by Orttel, the Resolution by Staff under Item No.6 (Resolution R272-00 amending the Comprehensive Land Use Plan for Woodland Development Corporation for Woodland Oaks) Motion carried on a 4-Yes, I-Present (McKelvey) vote. -. Regular Andover City Council Meeting Minutes - December 19, 2000 Page 7 (Woodland OakslWoodland Development, Continued) Motion by Orttel, Seconded by Knight, to approve Item 7 as presented (Amendment to Ordinance 8, Section 6.03, Zoning District Map, from R-l, Single Family Rural to R-4, Single Family Urban). Motion carried on a 4- Yes, I-Present (McKelvey) vote. Motion by Jacobson, Seconded by Trude, approval of the preliminary plat of Woodland Oaks with the following changes: That the grading plan be revised for the 8-foot concrete trail, as that discussion would be held later. Item 4 in the Resolution to obtain all necessary permits, the language approved in the previous plat should be included ("Contingent upon the developer obtaining all necessary permits..."). Add Item 9, geotechnical engineering study, language from previous plats should be included. There is geotechnical review in both developments and the City's consultant should review and approve. Language to that affect should be added (Resolution R273-00) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Motion by Knight, Seconded by Jacobson, approving the Resolution (Resolution R274-00 declaring adequacy of petition and ordering preparation of a feasibility reportlIP00-401W00dland Oaks) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Motion by Trude, Seconded by Knight, approving the Resolution (Resolution R275-00 Special Use Permit for the construction of an Area Identification Sign at 12xx 161 st Avenue NW, Lot 1, Block 8, Woodland Oaks) Motion carried on a 4-Yes, I-Present (McKelvey) vote. COMPREHENSIVE PLAN AMENDMENT (CPA 00-09) (RU TO RM)/REZONING (REZ 00-07 (R-l TO R-4 AND M-l)/SPECIAL USE PERMIT (SUP OO-15)(PUD)/ PRELIMINARY PLAT/ACCEPT PETITION AND ORDER FEASIBILITY REPORT (IP00-41) - WHITE PINES ESTATES - GOLD NUGGET DEVELOPMENT Horst Graser, Gold Nugget Development, reviewed the requests for the land use changes, rezoning, PUD development, preliminary plat and feasibility report for 56.5 acres of which 21 acres is low land. They are proposing a gross density of 1.5 units per acre, 67 single family homes and 34 townhome units. The density is 2.2 units per acre when factoring out the wetland. They are requesting a variance to permit the structures of the townhome units to be similar in exterior, elevation and design. Approximately half the site is wooded with pines, some of which were damaged by the fire several years ago. The majority of those trees will be removed. There will be eight custom graded lots. They are working with the Coon Creek Watershed on mitigation sites. Based on discussions on the previous two plats, he understands the concrete or bituminous trail will be considered by the City Council in the future. The Planning Commission and Park Board have recommended cash in lieu of land for park dedication. They have hired a geotechnical engineer to deal with the water table rather than using mottled soils. That is being reviewed by the City's Engineering Staff. . ,- -.....-- ~._- Regular Andover City Council Meeting Minutes - December 19, 2000 Page 8 (White Pines Estates/Gold Nugget Development, Continued) Counci1member Trude suggested the developer have the phone number available of Burlington Northern Railroad Company for potential buyers to check out the information themselves as to the number of trains per day on those tracks. Counci1member Jacobson expressed the same concern with basement levels because of the fluctuating water and the use of geotechnical review. He asked Staff to review those results very, very carefully, as he doesn't want water in any of the basements. Councilmember Knight expressed that same concern as well as the closeness of the buildings. Mr. Graser stated the shortest distance between buildings is 23 feet. The typical elevation of the townhome units are double car garages starting at approximately $145,000 to $150,000 depending on options for foundation size. The units will have vinyl siding. There will be an association for the townhomes to maintain the driveways, exteriors of structures, snow removal, cutting the grass and maintenance of all common areas. Mr. Carlberg explained this is a Planned Unit Development that has development standards. With the contract rezonings, the elevations and plans submitted will be referenced, and the developer will be held to them The Building Department will be reviewing the materials. The association documents will be approved by the Council prior to the final plat. Mr. Graser stated all townhome units will be the same. The only different is between the brick or stone on the buildings. They have come to a resolution with the neighbor to the east. He will build a fence that will separate their private property and home and animals. They have requested additional easement ITom the Hemmelgarn's along Vale, but the Hemmelgarn's were not willing to decide that this evening. The alternative would be to build a four-foot retaining wall for approximately 100 feet. If they get the easement, they will fill 1250 square feet. Another option would be to move the road over. Mr. Carlberg stated that issue needs to be resolved. The City also wants to make sure there is the proper access to the Hemmelgarn's property in the event they want to develop their property. Mr. Graser stated they reviewed two different options with the Hemmelgarn's this evening regarding the potential development of their property. Mitigation of approximately 1800 square feet of wetlands is needed on some lots to gain additional rear yard space. Councilmember Orttel asked if the pipeline through that area is designed for urban development. Winslow Holasek stated he insisted that the urban standard be done across his property. He wasn't sure, but didn't believe those standards were done in this area Councilmember Orttel stated the City will require building elevation drawings, color and materials being put on the buildings. Mr. Graser stated he will have the color and materials. The existing residential home marked on the plat is being purchased by them, will be connected to municipal utilities and then resold. There was some Council discussion regarding the association and covenants that people don't know they exist or that they don't last after 15 to 20 years. Mr. Carlberg stated that is not as much of a concern with PUDs as in developments where there is ownership of the land. In this case only the lot box around the unit is being purchased. -. --~ . -- - Regular Andover City Council Meeting Minutes - December 19, 2000 Page 9 (White Pines Estates/Gold Nugget Development, Continued) Councilmember Trude noted the same issued raised on the two previous plats regarding the marking of access driveways to wetland areas between lots. She also felt a workshop topic should be the maintenance plan of wetlands. Mr. Erickson stated the City does not yet have a maintenance plan because it is a developing city. Just about every development has a sediment area before draining into the wetlands, so some of those controls are in place. Councilmember Orttel agreed that should be an issue to be discussed at a future workshop. Motion by Jacobson, Seconded by Trude, the amendment as prepared by Staff in Section 11. (Resolution R276-00 amending the Comprehensive Land Use Plan for Gold Nugget Development for White Pine Estates) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Councilmember Jacobson noted Exhibit B attached to the Resolution for the rezoning is blank. Before the final plat is approved, all those drawings and materials have to be approved, then they cannot be changed without special approval. Motion by Trude, Seconded by Orttel, authorizing the amendment of the zoning. (Amendment to Ordinance 8, Section 6.03, Zoning District Map from R-l Single Family Rural to R-4, Single Family Urban and M-1, Multiple Dwelling - Low Density) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Councilmember Trude suggested Item 5 of the proposed Resolution include a provision that the homeowner will receive copies of all the above documents upon closing. Motion by Orttel, Seconded by Trude, approving the Resolution with that amendment. (Resolution R277-00 granting the Special Use Permit of Gold Nugget Development for a PUD to develop a mixed use residential development consisting of 67 single family urban residential lots and 34 townhomes to be known as the subdivision of White Pine Estates) Motion carried on a 4- Yes. 1- Present (McKelvey) vote. Motion by Knight, Seconded by Orttel, the Resolution as prepared (Resolution R278-00 approving the preliminary plat of the PUD of White Pines Estates by Gold Nugget Development) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Motionby Orttel. Seconded by Jacobson, approval of the Resolution (Resolution R279-00 declaring adequacy of petition and ordering preparation of a feasibility report, IPOO-41 in the White Pine Estates area) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Regular Andover City Council Meeting Minutes - December 19, 2000 Page 10 COMPREHENSlVEPLAN AMENDMENT (CAP 00-10) (RUTO RM)/REZONING (REZ 00-08) (R-4 TO M-1)/ SPECIAL USE PERMIT (SUP 00-16) (PUD)/PRELlMINARY PLAT/ACCEPT PETITION AND ORDER FEASIBILITY REPORT (IP00-42) - AZTEC ESTATESIHARSTAD COMPANIES Martin Harstad, Harstad Companies, reviewed their request for a Comprehensive Plan Amendment, Special Use Permit to develop a PUD, preliminary plat approval and feasibility report for a development consisting of 2 single family urban lots and 48 townhome units on 30.6 acres. Since the sketch plan stage, they eliminated one of the townhome units. There was a lot of neighborhood opposition to connecting the street to Woodbine to the north, and it was concluded that it would not be a through street. For safety, they will provide emergency access by a private drive along there. It will be an association maintained townhome project. He is the developer and builder, He's done 14 of these projects before. They are one-level townhomes. Since the sketch plan he also elil1Únated the larger floor plan, so now all units will be the same size of 1,544 square feet. That brought the total footprint of buildings down considerably. He showed the rendering and floor plans of those units. The Park Board has requested a trail through the project to connect Woodbine for people to come through to Bunker Lake Boulevard. The area is surrounding by wetlands, and the hydrology of the area is one of the biggest concerns. They have satisfied the watershed's concerns on the hydrology studies and water quality, though formal approval is still needed. Soil borings have been done and the wetland delineated. There are a significant number of trees along the high land. The county owns the storm water retention area to the south, though there is also high land on the county property that will not be developed. Mr. Harstad stated there was concern about this being too tight to the south. They dropped one unit, and going to the smaller footprint spread everything out. These smaller units are 60 feet deep as opposed to the 72 feet deep shown on the sketch plan. All mitigation will be done on a two-to-one basis. Council asked ifhe had been advised of the Council's recent decision to not have private streets in these types of developments. Mr. Harstad stated he did prepare another plan with a public street. It means a significant setback for him to go with that plan, arguing a private road through this type of development is better. He would have the same expenses for utilities which connects through to the other development. As a part of the association, snow plows would take care of both the individual driveways and the private street. Parking would be accommodated in the full driveways and the small parking lot to the north. He has done this before and parking has not been an issue. Councilmember Orttel stated the City doesn't like the idea of private roads because of maintenance problems. In this case, there is the argument that it is difficult to have this a public road that does not go through. Mr. Carlberg noted Mr. Harstad does have a sketch plan with a public road, but he loses four units and adds another single family unit on the end of the cul-de-sac. Councilmember Knight expressed concern with the development, as it is an example of what goes on when there is less and less space to develop. Everything gets crowded into a small area. He doesn't like crowding buildings next to the marsh land and cat tails. If there is space at the end, he'd -. Regular Andover City Council Meeting Minutes - December 19, 2000 Page 11 (Aztec Estates/Harstad Companies, Continued) prefer to see it open. He was also concerned that this development will virtually eliminate all of the trees on the higWand. This is a very ftagile area. Councilmember Trude asked about the fill needed for the area. Mr. Harstad stated the ponds are needed on both ends of the development because of the break in the water flow between the west and southeast. He argued the quality of trees being cut down on the high area is questionable. There would be tree loss even with single family homes along the ridge. The grading would have to be revised somewhat if the public street is approved. The footprint of the buildings wi!! be the same whether or not there is a basement. Mr. Harstad's project engineer agreed it is not possible to eliminate the one pond, The amount of fill needed on the site is rrom 870 to 878. They will cut in the middle. The north end is lower and they will need to fill going into those areas one to seven feet in the front yards in the most extreme cases. The back end of the units will match the grade; the front ends of the units will be built up. Mr. Erickson did not believe any fill is coming into the site from off site; it is all internal. In discussing the access to Woodbine, Staff explained it would be an emergency access with gates, with the trail being wide enough for emergency vehicles. It would be 24 feet wide with pavement of20 feet wide. That access would be maintained by the City. Robert Belousek. 14076 Aztec Street - stated a main objection he and his neighbors have had is the water to the west. He realized steps have been taken to alleviate their fears, but engineers have been known to be wrong. Who will be responsible if the houses get built and back yards and basements on Woodbine get flooded? If approved, he felt something should be put into law that protected the neighbors monetarily in case the engineers are wrong, They shouldn't have to pay for damages because someone else made a mistake. The second issue is the traffic on Bunker Lake Boulevard. It is near suicidal to get out rrom 145th now, and one more road will add to the difficulty. The third issue is that of integrity with the City. He's been here 15 years and has been told that land would never be developed. He felt they were misrepresented by someone at the City. Because of that, he felt the City has a responsibility to look at alternate ways to use this land. It is a nice piece ofIand with a lot of wild life and trees. Taking out the trees and adding a lot of water rrom the roofs and asphalt wi!! be a problem. He suggested an option would be to have the City contact the DNR for money to purchase that land. Others have said there are endangered species there. He asked that the City seriously consider contacting the DNR for money to buy this piece. Councilmember Orttel stated these same comments were made when Mr. Belousek's development was done. He agreed that it is more and more critical. The area has been very heavily studied and litigated on the water issue, plus there are a lot of percolating measures built in. Councilmember Jacobson stated if nothing was done, it could be developed single family. The difference is this request is for townhomes, although the proposal does meet all the ordinances. Mayor McKelvey felt the DNR would not pay what someone would pay to development it. Currently the ordinance does not allow the runoff rate rrom the property after development to be more than the rate at the present time. Councilmember Trude was concerned with the density surrounded by wetland. Single family __-0- Regular Andover City Council Meeting Minutes - December 19, 2000 Page 12 (Aztec Estates/Harstad Companies, Continued) homes would not have this amount of impervious surface. This is allowed only by changing the Comprehensive Plan and rezoning. Mr. Carlberg noted it is subject to Metropolitan Council approval. Councilmember Orttel felt a problem with single family homes is there would be a greater impact on the wetlands because people feel they can do what they want and mow into them, fertilize, etc. There would be 36 single family houses with bigger yards and fences as opposed to 48 townhomes that are controlled. Also, he predicted there would be more people and children living in single family homes as opposed to townhomes which have a tendency to be mostly couples. He felt the damage to the wetland overall would be much greater with single family homes. Nor did he think more trees would be left standing with a single family development. Mr. Harstad stated in his other projects, typically they get a fair number of retired people. He has had some with two children because the parents were disabled, but that is not typical. There is a high percentage of snow birds which is typical of the empty nesters. The price of the units are based at $225,000. Units with basements can be over $300,000. Units would be sprinkled, and the bylaws would be written that no fertilizers harmful to the wetlands can be used. A resident noted two to three years ago a lot of truck loads offill were brought in there. The City told them it was temporary, but it is still there plus added to this year. Mr. Carlberg stated that is not being done by the developer. Mr. Erickson stated all poor soils would need to be removed and good clean fill brought to the site. They have soil borings of where the fill is located. That is not unusual from a grading standpoint. Councilmember Knight again expressed concern that the only way to grade is to remove all the trees and leave it bare. Mr. Erickson stated that would occur with townhomes or single family. Motion by Jacobson, Seconded by Orttel, the Resolution on the amendment of the Comprehensive Plan as presented by Staff under Item 16. Motion fails on a 3-Yes, I-No (Knight), I-Present (McKelvey) vote. Councilmember Trude stated she prefers the alternate plan with public streets. Councilmember Orttel stated the main difference is the right-of-way width. Most people won't notice the difference in the wider street. Possibly the City needs a standard for a secondary street that allows a narrower street like an alleyway.. Councilmember Knight stated it is a density issue for him. The less units, the less traffic, which is also an issue. Mayor McKelvey felt the townhomes would have less traffic than single family homes with children. Councilmember Orttel state he too has a problem with high density. Because of the way this is laid out, it is no greater than single family homes on the same acreage. Being on an island, it is separated more than other residential units. He is also concerned with the traffic on Bunker Lake Boulevard. Another issue is the school district, and single family homes would add to that problem a lot more than with townhomes. He also felt many of the wetland impacts will be greater minimized by multiples rather than single family homes. He agreed that trees are a real issue, but the county property has trees that provides some buffer. The trees on the ridge would be cut regardless of the type of development. Regular Andover City Council Meeting Minutes - December 19, 2000 Page 13 (Aztec Estates/Harstad Companies, Continued) Motion by Knight, Seconded by Jacobson, to bring the issue back. Motion carried unanimously. Councilmember Knight again expressed great concern about the way this is being developed. It is very fragile because of so little high ground and the magnitude of tree loss. Motion by Jacobson, Seconded by Ortte1, to reintroduce the Resolution. (Resolution R280-00 amending the Comprehensive Land Use Plan for Harstad Company for Aztec Estates) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Mr. Carlberg pointed out Alternate A with a public street reduces the townhomes by four units and single family increases by one. The parking lot on the north end would disappear. A 24-foot easement and 20-foot trail would provide the emergency access from Woodbine. Two variances are needed that not listed: Five-foot variances for buildability on Lot 10, Block 2 and Lot 21, Block 1. All other lots meet the 100-foot buildability requirement. Council discussion noted Alternate A reduces the density, adds a public driveway and provides more of a buffering around the Woodbine area. The same amount of grading and development costs will be incurred. Mr. Erickson stated there is a need to construct the lift station to be able to provide services to Rosella Sonsteby's property to the west. He will bring that report back to the Council the end of January. There is also the same issue as the previous plats regarding the bituminous or concrete trails. There is no geotechnical report for this plat. Motion by Orttel, Seconded by Jacobson, the rezoning ordinance amendment and contract as presented, with the Change in Item 2, mixed residential development consisting of 44 townhomes and 3 single family homes. (Amendment to Ordinance No.8, Section 6.03, Zoning District Map from R-4, Single Family Urban to M-1, Multiple Dwelling-Low Density) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Motion by Orttel, Seconded by Jacobson, approve Item 18, note the change in number oftownhomes and single family homes. Variances to Lot 10, Block 2, a variance to the 100-foot buildability requirement, and Lot 21, Block 1, a five-foot variance. Corrections to Exhibit B design standards because of the change in the number of units. (Resolution R281-00 granting the Special Use Permit request of Harstad Companies for a PUD to develop a I1Úxed use residential development consisting of 44 townhome units and 3 single family urban residential lots known as Aztec Estates) Motion carried on a 4- Yes, I-Present (McKelvey) vote. Motion by Orttel, Seconded by Jacobson, the Resolution on the plat with the changes made at the December 19 meeting, reduction in the number of units to 44 townhomes and increase single family homes to 3, Alternate A. Item 1, change to "Contingent upon the developer obtaining all necessary permits..." (Resolution R282-00 approving preliminary plat of the PUD of Aztec Estates by Harstad Companies) Motion carried on a 4- Yes, I-Present (McKelvey) vote. ____._ _" ___ _4_4_"':"_ -- -- -_..-- Regular Andover City Council Meeting Minutes - December 19, 2000 Page 14 (Aztec Estates/Harstad Companies, Continued) Motion by Jacobson, Seconded by Knight, the Resolution ordering preparation of feasibility report for sewer, watermain, street and storm sewer as presented by Staff. (Resolution R283-00) Motion carried on a 4- Yes, I-Present (McKelvey) vote. (Mayor McKelvey temporarily left the meeting; now chaired by Acting Mayor Knight, 10:45 p.m.) COMPREHENSIVE PLAN AMENDMENT (CAP 00-11) (RU AND OS TO RM)/REZONING (REZ 00-09) (R-4 AND R-1 TO M-1)/SPECIAL USE PERMIT (SUP 00-17) (PUD)/ PRELIMINARY PLATISPECIAL USE PERMIT (SUP 00-18) FOR AREA IDENTIFICATION SIGN - NATURE'S RUN - D.H. LAND COMPANY Council discussed the petition presented during the Resident Forum asking that the item be tabled until the new Council is in place. Only the Mayor will change, and Mayor McKelvey had indicated he would not be voting on the issue. Mr. Hamilton stated he did not know that Councilmember Trude had already been sworn in. In that case, he did not object to the Council taking up the issues. Steve Johnston, D.H. Land Company, explained the proposal for Nature's Run is for 56 townhome units on 31.3 acres. The original proposal included a 2.6-acre commercial center and 44 townhomes. It also had a private drive behind existing residences along Andover Boulevard. That private drive and the commercial area have been removed and it is strictly a townhome project. The 56 townhomes comes to four units per acre located to avoid the major wetlands on the south and west ends of the site. Including the wetland, it comes to 1.51 units per acre overall. There is approximately eight acres of wetland, and about 17,700 square feet of wetland is impacted. The wetlands impacted are of very low quality vegetation. The man-made wetland will be a much higher quality. They have not yet received LGU approval but have submitted application to them. (Mayor McKelvey returned to chair the remainder of the meeting; 10:50 p.m.) Mr. Johnston continued the cul-de-sac exceeds the length required by ordinance. They would accept a connection to Hanson Boulevard, but the county does not want to see that happen. Instead, on the south end of the cul-de-sac, they will provide an emergency access connection consisting of a trail with gravel shoulders similar to what was discussed in the last project. They are also asking for a variance on the front-yard setback from 30 to 12 feet. All perimeter setbacks are being met. The reduced front yard setback brings the units closer to the front to maintain additional area in the back yards and an additional buffer to the wetland. With the units closer to the road, it has a calming influence on the traffic and tends to slow it down. It also adds a pleasant feeling to the neighborhood. The street is full width. Mr. Carlberg explained the proposed setback is similar to what was approved in Grey Oaks and White Pines Estates. The units would be 25 feet from the back of the Regular Andover City Council Meeting Minutes - December 19, 2000 Page 15 (Nature's Run/D.H Land Company, Continued) curb. In this plat, it becomes a buildability issue. Varying from the front yard setback reduces the buidable area. Mr. Johnston explained ten of the 20 units do not have 100 square feet ofbuidable area from the front property line to the high water level. The problem is backing up to the wetland or ponding areas. By varying 18 feet in the front, it is the same as taking 18 feet off the 100-foot buildability requirement. All units do meet the 82 feet. They feel this is a reasonable compromise, since no building size covers the entire 100 square feet of buildable area. Normally the City needs the 100 square feet of buildable area because it is not known where on the lot the buildings will be placed. In this plat, the City knows exactly where they will be located. Lots 17-26, Block 2 and Lots 20-26, Block 1 would require this variance. These are not DNR wetlands. The watershed concurs the existing wetlands are very poor quality and will become less and less valuable because of the changes in the ground water in the area. In another five to ten years the wetlands would cease to exist. They are proposing a wetland at least three feet deep, seeded with native wetland plant species. They and the watershed agree now would be the time to do this to make sure the wetland remains. Councilmember Jacobson was concerned with the variances and asked about the trail. Mr. Erickson stated a trail is proposed along Hanson Boulevard as a part of the City's regional trail system. It will not necessarily be put in as a part of the development. Mr. Johnston stated they have been asked to dedicate land for a trail along the creek, which has been indicated. Mr. Carlberg also noted they are proposing an easement over the area along the creek rather than the dedication ofland. Mr. Johnston stated the Park Board stated they would not give credit for the landlocked piece along the creek and that they would accept cash in lieu ofland for park dedication. They would dedicate the land if the City wants it. If not, they will keep it as part of the common ownership of the association and give easement to the City if it wants. Outlot A is land dedicated to the State of Minnesota. Mr. Carlberg indicated the Comprehensive Plan designates that as Open Space, so the use would be consistent with that designation. If a trail does go through there, it could be accessed ITom Hanson Boulevard off the cul-de-sac. No internal trails are being planned, only the trail system along the perimeter of this area. He also indicated the private drive serving two units. The Review Committee is recommending those be removed. Mr. Johnston explained they shifted the road further west to the property line and left two units in there. Rather than four long driveways to the roadway, they combined those into one common driveway for more green space, All driveways will be plowed and maintained by the association. They still end up to the south of an existing resident. As laid out, the property to the west could be split into two single family lots or townhomes and access through their street. Also, they need to raise the lots four to five feet to put the basements in. There was considerable debate on the proposed variances. It was felt this is a major shift to vary ITom virtually every lot on buildability. The biggest question is whether the buidability requirement is really needed in this type of development when the exact location of the buildings is known and - Regular Andover City Council Meeting Minutes - December 19, 2000 Page 16 (Nature's Run/D.H Land Company, Continued) all remaining area is commonly owned. The argument in this instance is to increase the back yards. However, all other times variances have been granted to the front yard setback, the buildability requirements were still met. Mr. Johnston argued historically the 100-square foot buildability pad was for single family detached homes where 35 feet front setback was typical. That would leave a depth of 15 feet behind the building unit. They have shrunk the front to achieve uniformity and closeness of community and to slow down traffic. With these homes being approximately 55 feet deep, plus 12 feet closer to the road, it leaves the same back yard the City was looking for. This is attached housing were family life styles are not to live in their back yards as much. They are not as focused on activities in their yards, but they would still have the 15-foot back yard. The patios from the full-basement walkouts would not be a problem, as they are nestled into the home. He felt the buildability standards that were intended for single family homes are not really applicable in this case, but the effect is still achieved. If the variances are not granted, they can't move the pads without impacting more wetland or getting into the power line easements. They would probably have to drop several units and/or perhaps reduce the separation between them. He didn't think the plans would be any better. Councilmember Orttel noted by allowing this, the wetlands would be saved, but in turn it allows more homes in that same wetland area. Because it is a PUD, is the buildability requirement necessary? Approval would effectively be making a policy change. Councilmember Knight noted this would set a precedent. Councilmember Trude was concerned that much of the area will be covered with asphalt or structures, leaving very little green space. She also noted this would be one of the most dense developments in the City, putting 56 units on 13 buildable acres. There was no general direction on the part of the Council at this time, but a great deal of concern and reluctance over setting policy this late in the evening. Discussion also noted the December 31 deadline for approval of plats for construction the following year.Attorney Hawkins advised if the Council initiates the request to table, it should be a Resolution creating a variance from that policy. Mr. Johnston expressed frustration since they specifically included the 12-foot setbacks in the sketch plan and looked at the impact to meeting the 100-foot buildability requirement as opposed to the 82 feet. Meeting the 100-foot buildability requirement would reduce the number of units somewhat but the project would not look significantly different. He felt in some cases it would even reduce the aesthetics of the project by shrinking the wetlands replacement they have to do plus less ponding. When driving by, there would be no visible change. He felt it is very arbitrary to redesign for that change. With the variance, they still have as much back yard as the single family homes, which is sufficient for this type of development. Councilmember Orttel stated the precedent is for the back yard, not the front-yard setback. He suggested a workshop be set to discuss the issues of setbacks and buildability requirements and bring this back to the second meeting in January. Councilmember Jacobson felt the developer should not be penalized. They did get their material in on time; it is the Council that needs more time because a major policy change must be considered. - .~ -> - Regular Andover City Council Meeting Minutes - December 19, 2000 Page 17 (Nature's Run/D.H Land Company, Continued) Winslow Holasek asked for clarification on the status of the trail. Other developers were required to construct the trail along Hanson Boulevard when the project was constructed. Hamilton Square paid for almost a fourth mile of trail for 16 acres. It is totally unfair to charge one PartY and not another. Mr. Erickson stated those put in as a part of the project along county right of way were done at a 50-50 cost share by the developer and City. Now commercial would pay 100 percent of the trail cost and the residents pay through a trail fee of$350 per lot. Mr. Johnston stated they would not object to an extension of the 60-day time requirement as long as it will be completed in a reasonable time. He also asked to be able to provide testimony at the work session in January, thinking what they are proposing is reasonable. Council asked that the approval for the extension of time be made in writing. Motion by Jacobson, Seconded by Orttel, to table Items 21, 22, 23, 24, and 25 until the meeting of January 16, 2001. At the same time set a Council work session on the 9th of January to discuss the issues relating to the plat brought up at the meeting tonight. This extension to the 16th even though it misses the December 31 deadline. The reason for the extension is the Council has a nurnber of questions relating to the plat and some situations and not due to fault of the developer, who got the plat in before the designated time. Motion carried on a 4-Yes, I-Present (McKelvey) vote. ADOPT 2001 FEE SCHEDULES Mayor McKelvey was concerned that the City is subsidizing the athletic associations on their weekend tournaments. The associations get a fee for the games, but the City pays out over $3,000 for weekend maintenance. Mr. Dickinson stated the direction was to look into an intern for scheduling of park activities. At that meeting there was no direction on the fees but there was discussion on how maintenance was being done. Counci1member Orttel felt the issue deserves being looked at. Motion by Knight, Seconded by Trude, to table Item 32 until the first meeting in January. DISCUSSION: Mayor McKelvey stated he has been told the Park Board sets their fees only once a year. He did not have a problem approving the fee schedule now with the understanding that this would be addressed and possibly a change made in the near future. Councilmember Trude and Knight withdrew the Second and the Motion. Motion by Jacobson, Seconded by Knight, to approve the Fee Schedule as presented. (Resolution R284-00) Motion carried on a 4- Yes, I-No (McKelvey) vote. Councilmember Knight asked that the item on the weekend tournaments of the athletic associations be considered at a meeting in January. - Regular Andover City Council Meeting Minutes - December 19, 2000 Page 18 MAYOR/COUNCIL INPUT Geotechnical reports - Councilmember Jacobson suggested Staff look at the ordinance relating to this item. The Council should have the ability to reject it if they choose to, Metropolitan Council - Comprehensive Plan status - Mr. Carlberg stated Staff has submitted the final items this week. The Metropolitan Council understands the City has a 2020 and 2040 boundary, and Staff has proceeded on the basis that they are the same line. Gratitude to the Mayor - The Councilmembers expressed their appreciation and gratitude to Mayor McKelvey for his dedication and years of service to the City. Mayor McKelvey again thanked the Council and Staff for their support and wished all a happy holiday. PAYMENT OF CLAIMS Motion by Jacobson, Seconded by Knight, the payment of Claims (corrected amount of disbursements on List #1 - $466,872.03) Motion carried unanimously. Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 12:18 a.m. Respectfully submitted, \~~E~=~~a Marcella A. Peach Recording Secretary