Loading...
HomeMy WebLinkAboutCC October 3, 2006 o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, October 3, 2006 Call to Order-7:00 p.m. Pledge of Allegiance Proclamation - Columbia Park Medical Group Dav Badl!e Presentations Fire DeDartment Resident Forum Agenda Approval 1. Approval of Minutes (9/19/06 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Accept Contribution/John & Rita BergesonIFox Meadows Fencing - Finance 4. Appoint General Election Judges - Clerk 5. Declare Costs, Order Assessment Roll & Schedule Public Hearing for 2006 Delinquent Utility Service Charges, False Alarms & Mowing Fees - Finance o Discussion Items 6. Consider Sketch Plan!Townhomes/Located Between Crooked Lake Blvd. NW & Gladiola St. NW - Planning 7. Approve Final PlatlWhite Pine Wildemess/16l st Avenue & Crane Street - Planning 8. Update Cormnunity Center Refinancing - Administration 9. Review Charitable Gambling Ordinance - Administration Staff Items 10. Schedule Date for City Administrator's Review - Administration 11. Schedule October Council Workshop - Administration 12. Schedule EDA Meeting - Administration 13. Administrator's Report - Administration Mayor/Council Input Adjournment o o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 11 o o REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -, OCTOBER 3, 2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 PROCLAMATION - COLUMBIA PARK MEDICAL GROUP DAy.................................... 1 BADGE PRESENTATIONS FIRE DEPARTMENT ............................................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES ...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................2 Resolution R117-06 accepting Contribution/John & Rita Bergeson/Fox Meadows Fencing . ....... .... .............. ..... ............. ................................ ..................... ..... ..................... 2 Appoint General Election Judges (R118-06) .......................................................................2 Resolution R119-06 declaring Costs, Order Assessment Roll & Schedule Public Hearing for 2006 Delinquent Utility Service Charged, False Alarms & Mowing Fees ................................................................................................................................ 2 CONSIDERSKETCHPLAN~OWNHOMES~OCATEDBETWEENCROOKED LAKE BOULEVARD NW & GLADIOLA STREET NW .................................................. 2 APPROVE FINAL PLAT/WHlTE PINE WlLDERNESS/16l ST AVENUE & CRANE STREET Motion to adopt (R120-06) ................................................................................................... 6 . REVIEW CHARITABLE GAMBLING ORDINANCE ...........................................................8 UPDATE COMMUNITY CENTER REFINANCING ............................................................. 9 SCHDULE DATE FOR CITY ADMINISTRATOR'S REVIEW............................................. 10 SCHEDULE OCTOBER COUNCIL WORKSHOP ................................................................. 10 SCHEDULE EDA MEETING ................................................................................................... 10 ADMINISTRATOR REPORT .................................................................................................. 10 MAYOR/COUNCIL INPUT Projects with RJM............................ .... ..................... ............ .................................... ............ 10 New Assistant City Attorney ......................................................:......................................... 10 ADJOlJRN1\.1ENT...................................................................................................................... 10 o REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 3, 2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Garnache, October 3, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: . Also present: Don Jacobson, Mike Knight, Julie Trude Ken Orttel City Attorney, Williarn Hawkins Fire Chief, Dan Winkel City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others o PLEDGE OF ALLEGIANCE o PROCLAMATION - COLUMBIA PARK MEDICAL GROUP DAY Mayor Gamache read the proclamation for Columbia Park Medical Group Day. BADGE PRESENTATIONS FIRE DEPARTMENT Fire Chief Dan Winkel acknowledged Mark Winczewski as Deputy Fire Chief. He also presented badges to 2 new Fire Fighters. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. o o o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 2 APPROVAL OF MINUTES September 19, 2006, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page five they motion should read".. . approve the policy as ,miten arnended". He also stated on page ten there is a spelling error in the fourth paragraph. The word should read "exiting", not "existing". Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Approval of Claims Accept Contribution/John & Rita Bergeson/Fox Meadows Fencing (See Resolution Rl17-06) Appoint General Election Judges (See Resolution Rl18-06) Declare Costs, Order Assessment Roll & Schedule Public Hearing for 2006 Delinquent Utility Service Charges, False Alarms & Mowing Fees (See Resolution R119-06) Item 4 Item 5 Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER SKETCH PLAN/TOWNHOMES/LOCATED BETWEEN CROOKED LAKEBLVD. NW & GLADIOLA ST. NW Community Development Director Neumeister explained the new proposal will require PUD review and contains 19 detached townhomes, two standard R-410ts and four existing homes. Mr. Neumeister reviewed the staff report with the Council. Councilmember Trude asked for an explanation of the driveways. She asked if the homes will now be at angles. Mr. Neumeister stated the units are placed so they do not extend as far south as they could. The lots are still pie shaped. Councilmember Trude asked what the density would be on the plat if they removed the four lots that are going to remain single-family lots. Mr. Neumeister stated they have 3.8 units density per acre. Councilmember Trude asked if Dean Hanson gave permission to show the photos. The developer nodded yes. o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 3 o o Councilmember Jacobson stated he looked at all of the plans and he did not see anything that is a whole lot different than what they saw before. He stated if it were up to him, he would vote to keep this the standard R-4 zoning and not allow a PUD in the area. Based upon this, he understood the developer has rights to develop this land and the homeowners in the area also have some rights too. He thought they need to try to maintain the character of the neighborhood and he did not think a PUD in this particular area would maintain that character. His sense is that no matter which way they go, a vast majority of the trees will be lost and he would not be in favor of a PUD. Councilmember Knight concurred and felt these were too small and too dense for this neighborhood and he felt it did not fit. Mayor Gamache stated one of the questions is the density issue. If they eliminate the homes currently there, the density will be 3.8 units per acre. Mr. Neumeister stated that is correct. He explained how the density was calculated. Councilmember Trude thought this looked a lot like the July 18th plan and she did not think her comments changed regarding this. Mayor Gamache stated one of the issues that came up was the fifty-foot buffer from the single-family homes. He assumed this talked about the homes off ofEidelweiss only. They are now at about 45 to 50 feet for a buffer between the homes on Eidelweiss to the development. He stated the other issue is the trees on the south side of the development. With the homes turned as they are, there are two rows of trees buffering Eidelweiss Street and those trees would not be affected based on what the developer has indicated except between the trees where the developer needs to bring in the sewer. Mr. Neumeister indicated that is correct. Mayor Gamache stated another issue is the price range. He did not think these homes would devalue the homes around them because they would be marketed at a higher price. He thought the development would be a very nice one for this comer because they will have some more areas in the City that will be running into similar situations and this is a good fit for this area. He did not think this area would develop single family homes similar to what they have currently because people are not developing lots that big where there is sewer and water. There will be smaller city lots and they will develop up to the neighbor's property. There will not be a buffer between this and Eidelweiss and they will have a road that runs through Eidelweiss because that would be the way the developer would have to lay it out. He did not think another development would have the same price range of homes. He stated there is still a possibility of this becoming a commercial development. Councilmember Trude agreed the homes shown were very attractive but the issue is the lot size. They are trying to put too much into too small of a space. This area is zoned single family. One small piece of it could go commercial but that would require a Council majority vote. The lots with 5,000 square feet on them have not always been very marketable in the City. She was very reluctant to offer up more areas in the city for that type of redevelopment when it does not look good to have areas in the city remain unsold for a number of years. She thought the real small lots in the city have been unsuccessful because they are so far away from urban areas. o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 4 Mayor Gamache stated these lots, similar to what Hanson Builders has done, do not face the boulevard and he knew the developer was planning to keep as many trees as possible along the boulevard and the existing homes as a buffer. He stated Hanson Builders has had great luck on selling their homes and he thought these would be good townhomes also. Councilmember Knight stated there is no way they could put houses this close together and save trees. They are too close to save trees and he thought it was wrong to imply that having the development this way will save trees. The Council discussed the development and trying to save trees. Mr. Todd Ganz, Merit Development, addressed the Council regarding their concerns. Mr. Ganz showed the aerial photos of the development showing the buffers and deciduous trees that would remain. o Mr. Ganz explained they would be saving fifty-one percent of the trees by doing the PUD plan, still giving the buffer between the existing neighborhoods. Mr. Ganz also showed a sketch plan of an R-4 development. Councilmember Trude stated on the north side they would save more trees along Bunker Lake Boulevard with this plat and most of the trees in the west will go with the single family homes that will keep a normal lot. Lots 10 and 19 have a large portion of the trees on both of the plans. She stated the interior trees will all be gone no matter which plan is done. Mr. Ganz stated that is correct but the buffers disappear on the R-4. There is no separation and it becomes a standard single-family subdivision with no trees separating or very little trees separating. Mr. Ganz stated the reality is this area needs a transition area between the existing homes and the boulevard unless they leave the area as it is in order to stop the noise. Councilmember Trude asked if Mr. Ganz would like comment on the single-family R-4 sketch plan shown. Mr. Ganz stated he did not plan to bring forward a single-family subdivision because it is not economical. o Mr. Ernesto Rodriguez stated the issue of trees has been brought up a lot. He showed an aerial photo indicating where there would be tree loss in the development. He stated the trees would be a definite asset to the development. He would like to see a forestry study done on this so a well-formed decision is made. Another issue is storm drainage of this area. He stated on one side there is Crooked Lake and the other side is a creek that tends to drain onto the lake .so he was not sure how the drainage would work. He hoped the hydrology was all worked out and that it did not further contribute to the damage that storm drainage is causing on the lake on the northeast quadrant. The third element is with a PUD there is additional leverage they can have for desirable public amenities. o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 5 He would like to see them replace the five foot sidewalk along the north end with trails to match what one sees in many other areas of Bunker Lake Boulevard. Given that there is a park on one end and a ball field on the other, it would make sense to have a good connection of trails. Mr. Robertlverson, 13551 Eidelweiss Street, discussed the loss of trees with the Council. Mr. Wayne Lehmann, 13 732 Eidelweiss Street, stated the back side of the townhouses on Bunker is not what he would like in his neighborhood. He does not like the small lot sizes. He thought they could turn them around and put an alley in the back which would alleviate some of the problems of the visual site of the houses with the backyard to the road. He thought these might be hard to sell at a high price with the way the economy is. Ms. Dianne Dickson indicated she was speaking on behalf of her father, Richard Dorsey who lives at 13565 Gladiola Street. She stated the comments that Councilmember Trude has made have reflected a lot of the things that has the neighborhood concerned. She thought Mr. Ganz has done a good job and she thought the homes looked nice but this was not the issue. She stated the Council is at odds and she wondered if they were addressing the right problem. She wondered if they have the correct o rules in place or should they be looked at and possibly changed. Mr. Winslow Holasek wanted to set the record straight. He believed Mr. Ganz has met the R-4 requirement which is eighty foot wide, one hundred thirty feet deep lots. The lots in Winslow Hills are ninety to ninety-five feet wide and up to four hundred feet deep. Ms. Gloria Benjamin, 13625 Gladiola,stated they are hearing so much about the neighborhood and the problem with the density. She wondered who the neighborhood is. Most on the north end are property owners and are very much in favor of this. They have a few people on the south end talking about density and trees. She is not as interested in trees as she is in people and she thought they need to provide places for them to live that are nice and affordable. She loves her neighborhood but it did not compare to the houses being developed. She stated even in her neighborhood some of the houses are not kept up. She thought they should do what they can for the people. Ms. Gerri Hamlet, 13563 Eidelweiss Street, stated she lives the closest to this development and she thought Mr. Ganz has done a good job in developing it but she did not like the density. She would like a few more houses taken out and provide more open space. She noted a petition was sent with over 100 signatures not in favor of the entire project but she is willing to go along with it if it is not so dense. o Mr. Benji Lauren, Coon Rapids, stated he was at the meeting representing the potential homeowners for the development. If this does go through, he would be living there. He thought the lot size was nice for the development. He thought this neighborhood needs a little bit of a change. Mr. Jerry McKay stated he appreciated the time taken in discussing this. The only concern he has is the traffic in the neighborhood. There is no traffic signal for allowing traffic out of the neighborhood onto Bunker Lake Boulevard. o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 6 Mr. James Junker, 13503 Crooked Lake Boulevard, asked if fifty foot lots set a precedent for the area. Mayor Gamache stated if a PUD was done and the same process was brought forward to the Council, it would be looked at for approval. He thought the density was too high. APPROVE FINAL PLAT/WHITE PINE WILDERNESS/161sT A VENUE & CRANE STREET Community Development Director Neumeister explained this item is an addendum to the agenda item that has been prepared in regard to the final plat. A request has been made by Larry Emmerich ofL & K Emmerich Development, Inc. (developer of White Pine Wilderness) to allow Lot 7, Block 3, as indicated on the final plat, to become a buildable lot. Councilmember Trude asked if the driveways will be affected when the neighboring development decides to develop. Mr. Neumeister indicated they would and the houses will be pushed back roughly fifty feet from the edge of the right-of-way instead of the normal thirty. He stated the houses on the next two lots to the east will be set back further than a further lot would have required because o of the temporary situation. Councilmember Trude wondered if the lot line on the west lot was moved east about fifteen feet, then a driveway could be run directly off the cul-de-sac or give them a temporary easement across the property to the east. Mr. Neumeister would rather angle the driveway so it comes in at a forty- five degree angle but he would not recommend moving the lot line because the lots meet the minimum lot area and width requirements and to move a lot line, except for a temporary driveway would require more variances. Councilmember Trude thought three lots would be affected by the temporary cul-de-sac. Mr. Neumeister stated that is correct. Staff discussed this and decided there was really not any finding for granting a variance to this type of situation and it would be creating a large precedent. Councilmember Jacobson stated staff pointed out to him that if they allowed this to occur and they put in the temporary water and sewer lines to lot 7, when that road, 1 62nd Avenue is extended to the west the financial responsibility to redo the road and the water and sewer will fall to the people to the west of this plat, not the people who own that lot. o Councilmember Trude wondered why an easement would not be granted now because it will be saving them a lot of money. She stated what bothers her is when this was brought before them before; a totally different plan was presented. She thought they burden the developer with a loss of valuable property because he has had to plan for the future if and when the neighbor develops their property. Mr. Larry Emerich, 1341 161 st, stated this is a request. The final plat is what he is asking for. This is a request on this lot because to him it makes sense. He stated these are big lots and they meet the density required. He thought this met everything that was needed to make a lot but if it does not o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 7 meet the Council's criteria and the Council does not see it, he will accept the final plat as done. Mr. Neumeister explained where the MUSA line is in regard to the development and what areas can get sewer and water. Councilmember Trude asked if this is a condition of the land because she has never seen a preliminary plat come up that has had such a strange connection to a ghost plat. She stated the entire road could have been put within the .plat except for the area where there will never be sewer and water. She stated the land immediately west of Lot 7, will not have water and sewer and does the landowner own the land to the south that will have the sewer and water. Mr. Neumeister stated they do not; there are about three property owners that own the land. Councilmember Jacobson stated he did not have a problem with the rest of the plat but he thought they addressed this issue before and the conclusion they came to was they would allow the lot to be there but it would be deemed unbuildable until the street was put through. He saw in the new resolution, it does not mention lot 7 at all. Mr. Emmerich stated it is recorded on the plat. o Mr. Dickinson stated number seven that was submitted should replace the number seven in the packet. Councilmember Knight asked what would happen if they ran the street straight instead of c~g it. Mr. Neumeister reviewed the plan with the Council and showed on the map the reason the road needs to curve. Councilmember Trude thought there was precedent for doing this already. She reviewed the area in the City where she thought this happened before. Councilmember Trude wondered who would be responsible for future changes to the area. Mr. Neumeister indicated it would be the responsibility of the developer next to Mr. Emmerich. Councilmember Trude asked if there was the impression that the individual to the west may never develop. Mr. Neumeister indicated the cul-de-sac could be there for twenty years. Councilmember Trude stated the way they have made the street conform, fits the fact that the sewer line is going to end at a certain place and not for any other reason which is not a condition of Mr. Emmerich's making. The staff discussed with Council possible changes to the development. Mr. Emmerich indicated 2 lots have temporary easements that will disappear when the road is extended. o Councilmember Jacobson asked the City Attorney if a temporary easement as drawn on lot seven still qualifies as meeting their standards for a setback for frontage on a publicly dedicated road if it is only an easement. City Attorney Hawkins stated if the City is putting a road in there and they are maintaining it then it would meet the city standards. o o o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 8 Mr. Emmerich showed the Council the original proposal. Mr. Dickinson stated if there is support for the variance, it could be added to the resolution otherwise they can approve the resolution without a variance. This does not preclude him from applying for a variance on this in the future. City Attorney Hawkins stated if Mr. Emmerich gives a temporary easement for the area crosshatched, then he has frontage on a publicly dedicated road and he would have to build a road there and then he would not need a variance because he would have access. He stated they could change the provision in the proposed resolution indicating that lot seven will be buildable if Mr. Emmerich conveys to the City a temporary road easement over the crosshatched area. Mr. Neumeister stated they would need to justify that lot seven has adequate frontage. Theywould need to say at the front setback they have at least sixty feet of lot width. Somewhere they would have to show the eighty foot width requirement. He thought they would also need to have a minimum curb distance on the public street that they would have to meet. The Council discussed with staff and the City Attorney language needed in the motion for approval. Councilmember Trude suggested that they approve the final plat and then have staff work with him on evaluating whether they can do the temporary easements because they are legal agreements and not part of the plat. If those could be worked out they would be able to lift the restrictions on lot seven at a later date. Mr. Emmerich thought that would be fine. Mr. Dickinson thought they need to address the financial issues related to the placement of how the water and sewer services will go to the lot. Mr. Emmerich stated he did not have a problem with paying for the water and sewer and the change of the driveway. The cul-de-sac would need to be removed by a future developer. Motion by Jacobson, Seconded by Knight, to adopt the resolution sent to the City Council in the packet with a change to Item 7 in the old resolution to be replaced with the new item 7 in the new resolution received at the meeting and it is their understanding that the question oflot 7, block 3 will be discussed by City staff and the City Attorney to be brought back to the next Council meeting if additional changes to the resolution need to be made. Motion carried nnanimously. (See Resolution R120-06) REVIEW CHARITABLE GAMBLING ORDINANCE City Administrator Dickinson explained the City has a Gambling Ordinance that guides charitable garnbling within the City of Andover. At a recent meeting the Council was asked to review the ordinance by a local sports association. Mr. Dickinson reviewed the information with the Council. Councilmember Jacobson thought the only change being requested was the number of establishments o o o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 9 being reduced from three to either two or one. Mr. Joe Dietz, President of the Baseball Association, explained with the rules currently withstanding, the issue they have as an organization is that the way the ordinance currently stands, it allows for a monopoly of one organization in the City. He explained the reasons they would like the ordinance changed. He suggested putting in a ratio instead of a number of sites allowed per organization. The Council discussed possible changes to the ordinance and what the law would allow. Mr. Dietz stated they would like this issue to go before an open forum and let the community tell the City what they want. Mr. Tony Howard, 2119 1 56th Avenue, president of Andover Husky Hockey Association, stated it is an issue changing it from three to a percentage to two to one. He took offense to the idea that they will not be good stewards to the community. He stated this is not all about hockey. He discussed with the Council the issues with changing the ordinance. He thought it was how they facilitate the gambling funds. He hated to see this changed because it locks them out from doing different things. Councilmember Knight asked if there was any format they have for sharing the funds. Mr. Howard stated they are in the process of having a group set up to facilitate taking requests for gambling proceeds. Councilmember Jacobson suggested they allow staff to research this further and bring back information to the Council at their next workshop. UPDATE COMMUNITY CENTER REFINANCING City Administrator Dickinson stated activity in the current bond market is indicating that there may be an opportunity for the Andover EDA to potentially save some significant long term debt service expense by refinancing the EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004. Councilmember Trude stated the payments would go down about $50,000 a year for many years and she thinks this is very important. SCHEDULE DATE FOR CITY ADMINISTRATOR'S REVIEW City Administrator Dickinson stated at the February 7, 2006 City Council meeting, the City Council requested that the review for the City Administrator be done at a time similar to that of other City employees. All City employee reviews are due to be completed around December 1, 2006. Councilmember Trude suggested they bring this back when all the Council is present but she suggested they look at November 28, 2006 depending on all the Council approval. Q o o Regular Andover City Council Meeting Minutes - October 3, 2006 Page 10 SCHEDULE OCTOBER COUNCIL WORKSHOP Motion by Jacobson, Seconded by Knight, to schedule a Council Workshop for October 24, 2006 at 6:00 p.m. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting for October 17, 2006 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on Administration, city department activities, meeting reminders and miscellaneous projects. MAYOR/COUNCIL INPUT (projects with RJM) - Councilmember Jacobson wondered when they are going to finish up miscellaneous projects with RJM. Mr. Dickinson stated they will finish up at the end of the warranty periods. (New Assistant City Attorney) ~ City Attorney Hawkins indicated Attorney Barry Sullivan was appointed as a judge so he hired a new attorney to help him out. He indicated the new attorney is Scott Baumgartner and he will be at the next Council meeting to meet everyone and sit in with him during that meeting. He stated he would introduce him then. Councilmember Trude congratulated Attorney Sullivan and noted the date and time of his swearing in. Motion by Trude, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:45 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary