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HomeMy WebLinkAboutCC July 18, 2006 o CITY OF NDOVE REGULAR ANDOVER CITY COUNCIL MEETING - JULY 18, 2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 18,2006,7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson. Mike Knight, Ken Ortte!, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others o PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the CounciL PROCLAMATIONINATIONAL NIGHT OUT 2006 Ms. Laura Landes made a presentation to the City Council regarding National Night Out for 2006. Mayor Gamache read the City of Andover National Night Out Proclamation. AGENDA APPROVAL Remove from Consent Items for discussion Item 5, (Approve Policy for Naming and Renaming of Parks, Park Facilities, Trails and City Controlled Areas). o Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 2 APPROVAL OF MINUTES July 5, 2006, Regular Meeting: Correct as amended. Councilmember Trude stated on page 6, last sentence of first paragraph she talked about how much they could do with $20 a year per household and she wanted to insert some words there. The sentence should read "She thought this would buy land area equivalent to two or three more parks in the City." Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Approval of Claims Approve Quotes/06-7/2006 Trail Maintenance Approve Water Emergency & Conservation Plan/03-27 Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sargent Crier, Anoka County Sheri:ff's Department, provided an update on law enforcement activities occurring within Andover. CONSIDER SKETCH PLAN/I'OWNHOMES/LOCATED BETWEEN CROOKED LAKE BLVD & GLADIOLA ST. NW Community Development Director Neumeister explained the sketch plan has been revised to address the comments from the June 20th Council meeting. The plan now contains 19 detached townhomes, two standard R-410ts and four existing homes that would remain. Mr. Neumeister discussed the staff report with the City Council. Councilmember Jacobson stated under the current zoning, if they do not approve the PUD, how many units could they get. Mr. Neumeister stated they could get 21 units including the four existing homes that are there and will remain. He stated there are 17 new units and four existing. They would get four more units with a PUD than they would with typical R-4 zoning Mayor Gamache asked under the current plan they have, there are 21 new and 4 currently there. Mr. o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 3 Neumeister stated that was correct. Councilmember Jacobson stated the two cul-de-sacs proposed are less than city standards and he wondered why. Mr. Berkowitz stated the developer had requested a smaller cul-de-sac be considered to improve the lots and similar things. This was reviewed with Public Works and this does meet what the temporary cul-de-sac size is. It meets the requirements for a snow plow to turn around and other safety issues. It also matches with the narrow streets being requested for this area as well. Councilmember Jacobson stated under the present plan they have narrower streets and smaller cul- de-sacs than is current City standard. Mr. Berkowitz stated that is correct. Councilmember Orttel stated he read that all of the rights-of-way are standard. The Council discussed the street size and right-of-way size with City staff. Councilmember Jacobson stated in order to grant a PUD the developer needs to show the City what they will get for allowing it. He has not seen how the City will benefit from this development. Councilmember Jacobson stated there are a number of trees and it is a nice wooded area and no matter how you do it, will lose a number of trees and open the area up. He did not see how they will be able to screen the area. He thinks they have a unique property. Councilmember Jacobson stated he has a concern with the number of trees that will be lost and he thought there were too many houses in the development. Councilmember Trude stated as she looked at this, she did not like with the fifty foot lots and she wants to see eighty foot lots. She likes what was done along Gladiola She did not like that some of the existing homes will have two or three people behind them. She would like to see eighty-foot lots or one house behind another so it looks like the development fits in the area Councilmember Orttel stated if they go to single family homes they will get the lowest price home possible. He suggested residents look at homes along County Roads in the City to see what they look like. He stated if it is a single family plat, the trees will be gone because the developer will not need to follow City PUD regulations. Councilmember Orttel explained his reason for not wanting all single family homes in the area. Mayor Gamache's concern is the fact that if it goes single family R-4, how much control would the City have as far as access to this site. If they did not have a PUD, could they have the ability to widen Eidelweiss. Mr. Dickinson stated they could not require the developer to make any improvements if it is not a PUD. They could request it from the developer. Councilmember Jacobson stated on the south end there a little area called green space and it touches Eidelweiss. He wondered if it could be a buildable lot. Mr. Neumeister stated they would want it to o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 4 remain attached to the lot it is adjoining and they would dedicate a scenic easement over it. Councilmember Knight stated the density bothers him. He could not see how this would improve the area. Councilmember Trude stated if they approve this, they will have developers search Andover for deep lots to put two or three townhomes behind every single family home available. She thought it they allow this in this development more developers will try it elsewhere in Andover. She felt they would be setting a precedent by allowing this development Councilmember Trude did not think an association could survive in this development and that concerns her. Mr. Dickinson stated in the staff report on page four, there were some concerns submitted by staff and he wanted to stress the one comment that they would like to see Edelweiss go through but they understood that was probably not the case with previous Council comment and concern. If a PUD would go forward, at minimum they would like to see a turn around in the area. Ideal would be a cul-de-sac, at minimum a hammerhead type situation so the large vehicles in that area do not have to back the stretch of this area to come in and out. Mr. Berkowitz discussed requiring an easement and/or extension of utilities to serve the adjacent roadway. Councilmember Jacobson wondered if the 4 parcels that currently have houses on them could have the homes taken down and subdivided in the future. Councilmember Orttel did not think the developer had any control over that because he does not own those parcels. Mr. Todd Ganz, Merit Development, stated he has a new sketch that they made changes on because of staff comments. Mr. Ganz reviewed the new sketch plan changes with the Council. Mr. Ganz stated the 4 lots are intended to stay the same size. Councilmember Jacobson stated if nothing is going to be done with those three lots, he wondered why they are in the plat. Mr. Ganz stated it is because they are buying the back of the properties. Councilmember Jacobson stated he could split it off. Mr. Neumeister stated they are considered not exclusions to the plat but they must be included because their lots currently extend all the way back to the center line of Edelweiss if projected out. He stated the Council would not allow them to exclude them from the plat. Mr. Dickinson stated rather doing numerous lots splits, they are doing one plat. o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page S Mr. Ganz stated they initially discussed putting a small park in the plat and one of the reasons for putting the green area on a separate lot is to put a small neighborhood public park in there. Councilmember Jacobson wondered what they would get for density on the rest of the plat if they remove the four lots previously discussed. Councilmember Trude suggested they take out the lots that are considered a split and only look at the area that looks like a townhome development. Mr. Neumeister stated he did not have that information available and it would need to be calculated out. He estimated it to be about four units per acre. Councilmember Jacobson asked what amenities they are proposing that would benefit the area or City in return for having a PUD granted. Mr. Ganz stated the larger green space is a major one they have been trying to get across as far as leaving larger green space, using less property, having nice green areas on the front yards. He disagreed that the association would dwindle after awhile. The other thing is he wants to do a green area/park area for the neighborhood on one of the lots. There are also some water problems. As far as protecting the buffer from Bunker Lake Boulevard, it is pretty easy to do with this project. There are a couple open areas by Bunker but otherwise they should be able to buffer it pretty well. Councilmember Orttel thought trees would be the biggest amenity because with single family homes they would not be able to save a lot of the trees. Councilmember Orttel asked for clarification on outside materials. Mr. Ganz reviewed the materials that will be used on the homes with the Council. Mr. Ganz stated he wanted these homes to be one level townhomes but it depends on the soil borings that need to be done. Mr. Ganz stated his target market is seniors but he will not make it mandatory. He stated another benefit will be sidewalks along Gladiola. Another amenity will be the turnaround on Edelweiss. COUncilmember Trude stated another concern is the size of the homes. They will meet the minimum but they did not know if they would have trouble fitting an 1,800 square foot home on a SOxI 00 foot lot. Mr. Ganz stated they would be able to fit them on the lot. Mayor Gamache asked if it is different for driveways coming out onto boulevards. Mr. Berkowitz stated a driveway is a sixty-foot setback from the intersecting lines of the rights-of-way. For a roadway, it is 330 feet from the centerline of that road. The minimum required by ordinance is 330 feet. Mayor Gamache stated a driveway could be put in on Crooked Lake Boulevard sixty feet south of the right -of-way from Bunker. Mr. Berkowitz stated by ordinance it can. Mayor Gamache asked if that would be the same for Gladiola. Mr. Berkowitz stated it would. o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 6 Councilmember Jacobson asked if Mr. Ganz would use custom grading. Mr. Ganz stated he would rather do custom grading because the site is high enough but sometimes it does not work properly when they have to move storm water. Mr. Ganz stated this is a villa neighborhood and he is looking at having three to five total home plans preapproved with the plat. Councilmember Jacobson is concerned with saving the trees and the visual from Bunker. He is concerned about the density because it is an old established neighborhood and he thought they need to look at it very closely. It is a balancing act. He stated there are difficulties with the parcel. Mayor Gamache stated on the newest plan, the green area was added to Block 2, Lot 1 and Block 1 and Lot 1. He wondered if the fronts of those are larger. Mr. Dickinson reviewed the size of the lots. o Councilmember Knight stated he is concerned with the integrity of the neighborhood because it is a quiet secluded area Density is a concern to him. Councilmember Orttel stated when this plan first came in people had legitimate concerns about the people on Edelweiss, the people on 13Sth and the people on Gladiola They have sealed that neighborhood off entirely to the south so there is no access. All the access goes to the east and north. Basically the private neighborhood thing has been taken away. Mr. Ganz stated with a consensus from Council he is ready to go to preliminary. Councilmember Trude stated if the plan looks a lot like it does now, she will not vote for the preliminary plat. Mayor Gamache stated he had some of the same concerns as Councilmember Orttel and felt the concerns are being addressed and the plan is getting better. He thought the worst possible scenario would be single family homes going in. Mr. Dickinson stated they have covered a lot of things and since this is a POO application, it has some variations in there and they have some direction from staff and the developer as they go through on the point of review. He stated they have concurrence on the cul-de-sac size. Councilmember Jacobson did notthink that was true. Mr. Dickinson did not think there is full concurrence on density. There are positive aspects on the sidewalk and positive aspects on having the connection and preservation of green area Doing a turn- around and having housing plans that Council can review, approve and know exactly what will be o gomg m. Councilmember Trude thought Mr. Dickinson has summarized two Councilmember's positions but he did not represent her position and she does not know if a few of the Councilmembers support a POO either. o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 7 Councilmember Jacobson stated he is extremely concerned about the trees and screening. He would want to make sure they have complete preservation of the trees and adequate screening in the plat. He is still concerned about the density. He thought 4 units per acre was a little high. The developer is asking the City to allow smaller lots, smaller streets and give up the right -of-way they have along Crooked Lake Boulevard and some other things in order to have a PUD. There needs to be a trade off. Maybe a couple of extra lots could be deleted which would give them more green space. He did not think they could regulate the size of the homes and how much they would cost. Councilmember Trude stated they have done this with other developments. Councilmember Jacobson stated they have to follow ordinances and regulations and if they give on some of those to help a developer in an area, he thought the developer should be willing to give something too. Mayor Gamache stated one of the issues is the right-of-way along Crooked Lake Boulevard and he believes they have already agreed to give this back to those landowners. Mr. Neumeister stated it was agreed to in concept. o Councilmember Orttel refused to accept Councilmember Jacobson's opinion on density. He stated they will take out all of the large lots and then figure density, which IS absurd. You need to use the entire plat to figure density. Councilmember Jacobson stated no matter what he still had a concern with the density. Councilmember Trude thought it was important to her if the neighborhood wants to see a PUD because of the things that have been explained. Councilmember Knight stated his concern is with the fifty foot lots and the traffic it will bring. He also did not understand how they will save trees with smaller lots. Mr. Ganz asked what more the Council would like besides the density because they are below the density that is allowed for the plat. The sidewalk going along Gladiola connecting to Bunker, the large green area buffer areas, keeping the lots close to the cul-de-sac, keeping the setbacks, keeping the green buffers, opening up large areas for green space, doing a turn-around for the City on his property and also fixing a water problem that is of no concern to him and is on someone else's property so he wondered what more he can give. Councilmember Jacobson wants to see more screening and saving of trees and also the density. Even though what Mr. Ganz is saying is true, if they are four or below they meet the ordinance but he was wondering with a PUD and the density issue and what they are hearing, if that is not an issue o Mr. Ganz could look at again. Mayor Gamache stated the only issues he has heard are the trees and density. He asked if Mr. Ganz was adding some amenities. Mr. Ganz stated he is not going to do a tree preservation plan on the hopes that this preliminary plat will be looked at. He stated they are both large expenses and he does o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 8 not waste his money on a maybe. Councilmember Trude stated she would prefer single family over a PUD. Mr. Charlie Veiman, 13646 Crooked Lake Boulevard, invited Councilmember Jacobson to his home to show him what will happen in the area behind his home. He stated there is only poison sumac behind his home. He stated Councilmember Trude has walked behind there and noticed the Black Walnut on the Ward property but most is poison sumac. There are not that many trees that would be of value to him. Mr. Veiman stated he preserved trees on his property at one time for a buffer zone but he is going to take them down. He stated he is happy that the developer indicated he would put in pine trees to buffer the proposed development from the existing area. e Ms. Claudia Johnston indicated she was at the meeting on behalf of her mother, Germain Helmut. She stated one of the issues on the list is the PUD is better than the R-4. The residents were not convinced of this. They would like to see the density reduced in the cul-de-sac because those homes will be worth more. She would like to have the developer record all the trees 3" in diameter so the residents know which trees will be saved. She passed out some notes to the City Council. Councilmember Trude stated this development will impact Ms. Johnston's mother and if this were a standard single family development Eidelweiss would probably need to go through and then she would have a home adjacent to hers on the north but it would be facing that street. She wondered if that would be a disadvantage or an advantage. Mrs. Germain Helmut felt the one house is too close to her and there is an entire row of evergreen trees that should be saved because it will be a buffer for her. She does not want Eidelweiss to go through. Mr. Mike Sandborn, 13558 Eidelweiss, stated he appreciated keeping the road a dead end. He also likes the green area north of his area but he did not need a park by him. Mr. Gary Teigen, 13554 Gladiola Street, stated his concern is Gladiola and the emergency road that will come out there. He wondered why the road cannot come out on Bunker. Mayor Gamache did not think the County would allow this. Mr. Berkowitz stated they will be tying a trail into the sidewalk and they also need to look at the potential grade from Bunker to the development and they need to look at potential fire trucks coming through and a grade would be a concern there. o Mr. Teigen stated his concern is to allow the developer to have a less than standard street and it was indicated Gladiola will be upgraded to standard. Councilmember Orttel stated that was not stated and he preferred to keep Gladiola Street at less than standard also. He did not understand why they need an emergency access because the cul-de-sac is less than 500 feet. Mr. Berkowitz stated it was a request from a safety standpoint by the Fire Chief. Mr. Teigen stated another concern is the Ward property. He asked if the developer could keep that as an existing home and sell it off that way. It would make the whole character of the neighborhood o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 9 stay the same without affecting that part. Mr. John Olson, 135tb Avenue NW, stated the concerns he has with the proposed plat are in regard to density. Traffic on Crooked Lake is something that has not been addressed significantly. This is about how the entire neighborhood should be maintained. There is no guarantee that this will not happen. There is no place for any overflow parking. He thought this was a significant concern for this project. Councilmember Trude wondered if there is no parking on one side of the street, would this mean there is no parking on the cul-de-sac bulb. If the driveways are twenty feet apart and there is a fire hydrant, where do guests park? Mr. Berkowitz stated usually on the cul-de-sac it is in the main line that no parking is required and in the bulb of the cul-de-sac, parking would be required. The narrower or substandard cul-de-sac size allows a longer driveway. Mr. Jim Seman, 163rd and Heather Street, stated he has been a Para on special education buses and it is very difficult to maneuver a school bus around a standard cul-de-sac so he did not know how hard it would be to maneuver one in a substandard cul-de-sac. o Ms. Dianne Dickson stated she is at the meeting on behalf of her father who lives at 13565 Gladiola Street. She stated it looks like the developer is moving in a direction to try to accommodate some things and she appreciates that. Some of the Council have pointed out that the biggest issue still seems to be density so her question is if they do not keep the exact density, they would have to move to single family and open up the street and why not do what was suggested by lowering the density with cul-de-sacs. If there will be that many homes and people in there with more traffic, the character of the area will change. She thought it gets back to the density, trees and character of the area. Ms. Laurel Olson, 2860 135tb Avenue, stated her concern is the additional traffic brought on by this project. Mayor Gamache stated in regard to the 3" diameter trees and marking them, a lot of that will be covered when they get to the tree preservation plan. Mr. Berkowitz explained the process for tree preservation. Mayor Gamache did not know where the break point is for the developer when he says he can no longer make it work and will go to standard. There is always a possibility he will not buy all of the properties. Some of the Councilmembers indicated they would like to see a little less density. o Councilmember Knight suggested the developer leave the layout as it is with the cul-de-sac and look at eighty foot lots and see what they would end up with. Councilmember Trude stated those would be the higher valued homes with the big trees behind them on the south cul-de-sac. She thought the high density on the north end is more tolerable because it does not impact immediate lots and their value. o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 10 Mayor Gamache stated the two individuals living at the end ofEidelweiss prefer to have this remain closed. Home 14 will be the only home that will have two homes behind them if they do single family. Home 15 could have two homes behind it and right now it would have only one. Councilmember Trude stated the lots would have to be wide because there is not enough depth there. Councilmember Jacobson thought the sketch plan is designed to give the developer an idea of where the Council sits and what the issues are if he proceeds and it is up to the developer to decide ifhe wants to move forward to the Preliminary Plat stage. Mayor Gamache stated if the developer could look at the south cul-de-sac, widening out some of the lots to see if it would work or not. CONSIDER MnPCA LAND USE PLAN FOR WDELANDFILLlPRESENTATlON BY MnPCA STAFF o Community Development Director Neumeister stated the Minnesota Pollution Control Agency (MPCA) has prepared a land use plan for the closed landfill commonly referred to as the WDE site. Councilmember Trude asked if their City code had this in the code book. Mr. Neumeister stated there is something missing. He stated Exhibit A is not copied in and needs to be added. Councilmember Jacobson stated he did not see anything they should not do that was discussed at the Planning and Zoning Commission. Motion by Jacobson, Seconded by Knight, to approve on page 11 of the report, under Andover City Ordinance, 19, Recommendation, adopt the three bullet points and above the words "property outside the qualified facility", amending the land use plan and adopting a new zoning district for the WDE site. Councilmember Orttel asked what the landfill area is. Ms. Jean Hanson showed a map indicating where the landfill area is. Councilmember Trude stated on page 20 there is a blank area that needs to get filled in. Councilmember Trude wondered if the city's plan for building a storage area along with bathrooms and concession would be a problem. Ms. Hanson indicated they have been working with City staff and it has been approved. o Councilmember Knight wondered if they foresaw anytime when this thing might return to normal or is it so far in the future it is not worth discussion. Ms. Hanson indicated it was the latter. She stated there are two hundred sites in the program in Minnesota and this is the most contaminated because it used to have a permanent hazardous waste pit in it. o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 11 Councilmember Trude asked if the people in the area will be given handouts when purchasing homes. Ms. Hanson stated there is nothing she was aware of unless it is on their deed. Councilmember Trude asked about the comments on the ground water wells. Ms. Ingrid Vehrhagen stated they test the wells three times a year all around the site and if they saw indications it was impacting the residents to the north they would bring them into their monitoring program and test their wells. Councilmember Orttel thought that during the clean up closure process the ditch and creek were the interrupter and that is where the chemicals will come up and be disbursed and.they do not go across and affect the wells. Ms. Vehrhagen indicated that is correct. Motion carried nmmimously. CONSIDER CONDITIONAL USEPERMITIOFF-SALELIQUOR/NE CORNER OF STATION PARKWAY & QUINN STREET o Community Development Director Neumeister explained Northgate Liquor will be moving from its present location to a new building on a site south of Walgreens. The new property needs a conditional use permit to allow this use of the property. Councilmember Orttel wondered if the old location will still be a liquor store and will it be allowed in. Mr. Neumeister stated he talked to the City Attorney and was told that if they were willing to rescind their other liquor license, it is something that could be done. He stated there is a non- compete in the agreement. Councilmember Jacobson asked if the developer has a problem with them putting it in the resolution that it expires when they move to the new facility. Mr. Bruce Carlson, Vice President of Retail Development for United Properties, stated they do have a declaration of restrictive covenants that they have negotiated as part of the purchase agreement so he did not think they would have a problem with that. The Council discussed the liquor license and conditional use permit with the City Attorney and staff. Motion by Knight, Seconded by Orttel, to approve the proposed conditional use permit subject to the conditions of the attached resolution. o Councilmember Jacobson stated they are issuing a Conditional Use Permit before it exists on the lot. He thought they need to go through the Preliminary Plat and Final Plat before approving the Conditional Use Permit. Councilmember Orttel removed his second. Councilmember Knight removed his motion. o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 12 The Council went on to discuss the Preliminary Plat and Final Plat. Motion by Knight, Seconded by Orttel, to approve the proposed conditional use permit subject to the conditions of the attached resolution. Councilmember Jacobson asked for an additional condition, item four, that the existing license at Northgate be revoked upon the move to the new facility. The Council agreed but thought it would be better to include the street address instead of the name of the company. Motion carried nmmimously. (RES. R084-06) CONSIDER PRELIMINARY PLAT/ANDOVER MARKETPLACE EAST r ADDITION Community Development Director Neumeister stated Northgate Liquor intends to move to a new building on proposed Lot 1. Lot 2 Will continue to be marketed as a pad for a commercial use allowed by the Andover Station Design Guidelines. Motion by Knight, Seconded by Orttel, to approve the proposed plat subject to the conditions listed in the attached resolution. Councilmember Jacobson stated the back of the building will back up to Station Parkway. The entire back is one long twenty foot wide drivewa):' that is designed for semis to come in and deliver the goods but he thought there were townhomes right across the street from this and did they want to keep the area nice. He did not think there was any room for landscaping. He talked to staff and they explained to him why the owner wanted it that way. Mr. Neumeister did not think it was an improper condition to ask for additional landscaping as part of this plat. Councilmember Jacobson wondered if they could cut the twenty foot road off and still allow the semis to come in but also use some of the space for landscaping. Mr. Carlson felt they can landscape the back part but he did not know if it would help to block off the back road either because they will have to landscape that part anyway. They will need to screen the semis from the road. He would like to address this at the time of the site plan review. Councilmember Jacobson stated there is a problem with the first point. The date is different than the plans he has. Mr. Neumeister stated the plat drawing is a different date than the site plan. Councilmember Jacobson stated there are some legal issues related to the moving of the sewer line in the plat and he wondered if the language is enough for the City Attorney to take care of. City Attorney Hawkins. stated it can be addressed in the development contract. Motion carried unanimously. (RES. R085-06) o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 13 . CONSIDER FINAL PLAT/ANDOVER MARKETPLACE EAST ~ ADDITION Community Development Director Neumeister stated the City Council is asked to approve a final plat for Andover Marketplace East 2nd Addition. Motion by Knight, Seconded by Trude, to adopt the attached resolution approving the final plat subject to the conditions. Motion carried nmmimously. (RES. R086-06) The Council recessed at 9:36 p.m. The Council reconvened at 9:43 p.m. CONSIDER REZONING FROMR-l TOR-4/1177161sT A VENUE NW o Community Development Director Neumeister stated the Council is asked to review the proposed rezoning to allow the Country Oaks South plat to move forward. Motion by Jacobson, Seconded by Knight, to approve the rezoning request based on the fact that times and conditions have changed. Motion carried unanimously. (ORD. NO. 331) CONSIDER PRELIMINARY PLAT/COUNTRY OAKS SOUTHl1177 _161sT A VENUE NW Community Development Director Neumeister stated the Council is asked to review a Preliminary Plat for Country Oaks South. A sketch plan was previously reviewed as a part of the Country Oaks West plat. Councilmember Jacobson stated there is an existing house on one of the three lots being proposed and he wanted to make sure there is something in writing that the developer owns the parcel where the house is because there is a For Sale sign on it. Mr. Bob Klink, Hermanson Homes, stated they have a lot option agreement to purchase the land. Councilmember Jacobson stated on the plat he has it says Anoka County Highway Right-of-Way Plat number 20. Is there going to be right-of-way taken for'the County Road because it does not indicate there is anything. Mr. Berkowitz stated it is indicating that additional right-of-way will o be taken for the County Road in that location. Mr. Dan Sabatco, RLK, showed on the map where the new right-of-way line will be. Mr. Berkowitz stated the developer has brought up one item in the resolution under item 5. o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 14 There is a utility overhead that runs in the County Right -of- Way and typically they do not have them bury anything in there. Typically the intent of the item is to address anything within Wintergreen Street or the right-of-way on Wintergreen Street or any overhead utility that serves the existing home. Motion by Knight, Seconded by Jacobson, to approve the preliminary plat subject to the conditions of the attached resolution and all existing overhead utilities that exist within the Right-of-Way of Wintergreen Street or overhead power to the existing home shall be placed underground. Motion carried unanimously. (RES. R087-06) CONSIDER REZONING FROM R-l TO R-4/1341 AND 1433 _161sT A VENUE NW o Community Development Director Neumeister stated White Pine Wilderness is a new proposed residential subdivision west of Country Oaks West and northeast of the intersection of Hanson Boulevard and 161 st Avenue NW. The development is located on 63.3 acres that are currently zoned R-1. The applicant is asking that the land be rezoned to R -4 to accommodate the new subdivision. Mr. Neumeister reviewed the staff report with the Council. Councilplember Trude stated she wants to make one change on the resolution. She likes the language they have in the packet instead of the motion and she wants to include that in the resolution. She wants to substitute number three, strike that language and insert the language in item 12, number 2 about the findings for the zoning. Motion by Trude, Seconded by Jacobson, to approve the ordinance with the following amendment" The finding for the rezoning is that times and conditions have changed due to the fact that property was placed into the Rural Reserve when the Comprehensive Plan was updated to preserve the area for urban development. A subsequent Comprehensive Plan amendment brought the subject property in the Municipal Urban Service Area (MUSA) to allow access to municipal utilities. The proposed rezoning will allow urban development to occur." Councilmember Jacobson understood they have enough sewer capacity to handle the plat that is before them but there are still some parcels to the west that will be developing and he wanted to make sure they are still reserving space for that future development. Mr. Berkowitz stated there are seventeen additional units still available after the White Pine Wilderness Development is concerned. o Motion carried unanimously. (Ord. No. 332) o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 15 CONSIDER PRELIMINARY PLAT/WHITE PINE WILDERNESS/1341 AND 1433 _161sT A VENUE NW Community Development Director Neumeister stated the City Council is asked to review a preliminary plat for White Pine Wilderness. The plat contains 60 lots that will be served by City sewer and water. Councilmember Jacobson stated in looking at lots 22 and 23, it shows a maintenance access route that goes through two lots and on another map it shows it in a slightly different location. Mr. Neumeister showed the map to the Council and stated it is the existing driveway going to Mr. Larry Emmerich's home. The grading plan shows modification of the road alignment to take it down the lot line. Councilmember Jacobson asked if this will be paved. Mr. Berkowitz stated it will be paved to the County Right-of-Way. Councilmember Jacobson asked if it will be considered a secondary access for emergency purposes. Mr. Berkowitz indicated it would serve as access to the pond and also for an emergency access. Councilmember Jacobson stated on Lot 27 it says a project sign. He wondered if they approve it like this or do they have to come back and ask for a sign permit for an entrance sign. Mr. Neumeister stated typically it is approved as a part of the plat. Councilmember Jacobson stated at lots 16 and 17 they are requesting they approve Lot 17 even though they do not have road access. He did not think they should do that. He thought it should be combined as one and could be split off later. Councilmember Jacobson stated on item 8 in the Resolution. they are asking the developer to pay one hundred percent of the intersection improvements when there will be other people coming in just to the west of this development in the future and he did not thinkit was fair to have this developer pay everything and the other development come in and pay nothing. Councilmember Trude thought the developer should be responsible only for bis proportionate share of improvements. Mr. Berkowitz reviewed the supplemental information for item 15 with the Council. Mr. Neumeister stated he would add words that it would all be benefiting properties located on the north side of l61st Avenue to item 8. Councilmember Orttel wondered where the mitigation for the floodplain fill is. Mr. Berkowitz stated they are looking at filling the flood fringe and they are working on the details. Mr. Ross Able, John Oliver and Associates, stated the LOMA is in the process of being o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 16 completed. They will be filling in the area but the area was incorrectly mapped when it was done. They will be supplying FEMA with more site specific data for them to make a decision that the area should not have been included in the FEMA flood zone to begin with. Councilmember Jacobson asked if the developer is in agreement with the location of the park. Mr. Larry Emmerich stated he went along with the recommendation of the Park and Recreation Commission. He stated his preference is more for a community park where the funds would better be served in a larger area. Councilmember Jacobson asked if the pond was going to be wet or dry. Mr. Able indicated it is currently dry; potentially there could be a little water in there. It is controlled with a pipe that will take it over to the DNR wetland. Mr. Berkowitz thought the property line could be extended by Lot 7 so the park encompasses that wetland and they will know how it will be maintained. Councilmember Trude thought these will be high end homes. o Councilmember Jacobson asked Mr. Emmerich ifhe would be willing to reconfigure the lot line so the pond will be entirely on park property. Mr. Emmerich stated his initial thought is yes, he would have an objection but he will work with the Council on this. Mr. Dickinson asked the Council if they felt this was the best location for the park. Councilmember Trude stated she would rather see park dedication. Mr. Emmerich stated his first preference was no park and use the money for a larger facility but if it was his pick, it would be Lot 12 on the north corner. Councilmember Jacobson asked if it was possible to approve this tonight and ask the Park Commission to review the location of the park. Mr. Dickinson reviewed with the Council where a regional park was looked at in the area. Councilmember Orttel asked what the problem is with Lot 17. Mr. Berkowitz stated the way Lot 17 sets up, it does not have front footage and is not a buildable lot. Staff suggested it be combined with Lot 16 but the developer decided to pursue it as a lot that would be built in the future when the road is extended. o Councilmember Trude stated she is willing to make it part of the plat so it could fit any of the covenants he might want to put on it and they will get the park credit. Councilmember Orttel stated they have other places where they have a long driveway and they give them a temporary use until the road goes through. Mr. Berkowitz stated in this case it does not meet the front footage for a buildable lot. Councilmember Trude wondered if they could give a variance for it. She indicated she is willing to allow the lot to be platted. Mr. Berkowitz stated it needs a physical roadway built for frontage. Councilmember Trude stated if it is platted they just don't issue a building permit until there is a o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 17 street. Councilmember Knight stated they have a sliver of an access and he would be willing to give them access. Councilmembers Orttel, Trude and Mayor Gamache agreed. Mayor Gamache asked if this is a twenty-foot driveway to get to the lot. Mr. Berkowitz stated that is correct but he has a concern. They have a parcel that is landlocked in another part of the city that has right-of-way designated to it and ifhe could find a way to get a driveway there, would he then have a buildable lot and that would be a concern without the front footage. Councilmember Orttel stated this is part of an overall plan and he did not think this is the same type of issue. Councilmember Trude thought this was a unique situation. Councilmember Knight agreed. o Councilmember Trude stated in item 9, "a variance is granted to allow the platting of Lot 17, Block 3 with the finding that it is temporarily being served by a driveway because..." Mr. Neumeister stated he did not think the developer was ready to plat this lot now and he wondered if they could leave this as an unbuildable lot with some kind of deed restriction for awhile to let some time elapse to see what happens. Mayor Gamache wondered if the developer would need to come in for a lot split. Mr. Neumeister stated he would. Councilmember Trude did not think that was right. Mr. Berkowitz stated they do not have right-of-way adjacent to this parcel for sewer and water so they would have to run some type of service along the triangle piece, which is another challenge. Motion by Trude, Seconded by Orttel, to approve the preliminary plat with the conditions as written except Item 8, all urban areas north of 161 st Avenue and Crane Street shall be responsible for the required improvements by the Anoka County Highway Department. Change Item 9 to read "a variance is granted to allow the platting of Lot 17, Block 3 with the condition that no building permit will be issued for this lot until 162nd Avenue is extended to provide required frontage for the lot". Number 1 0 "an approved letter of map amendment..." Motion carried 4 ayes, 1 nay (Jacobson). (RES. R088-06) Councilmember Jacobson indicated he is opposed to Item 9. o DISCUSS QUIT CLAIM DEED & APPROVE CITY OF ANDOVER HIGHWAY RlGHT- OF-WAY PLAT NO. 6/05-11/TULIP STREET NW City Engineer Berkowitz stated the City Council is requested to discuss the Quit Claim Deeds and approve City of Andover Highway Right-of-Way Plat No.6 for Project 05-11, Tulip Street NW. o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 18 Councilmember Jacobson excused himself from discussion and voting. Motion by Knight, Seconded by Ortte1, to approve the City of Andover Highway Right-of-Way Plat No.6 for Project 05-11, Tulip Street NW. Mr. Berkowitz discussed the staffreport with the Council. Mr. Larry Small, 16228 Tulip Street, stated from what was discussed at the first meeting, all of the trees were going to be saved and now the majority will be destroyed and there have been four different designs now. Mr. Berkowitz stated there has been preliminary discussion about ponding locations when they originally met with the residents and now through the design. things change because of different requirements. What they were looking at was the park property where they were going to have to clear a majority of the trees anyway for the site to open it up around the comer. The design has not changed for the pond; the location has changed. Councilmember Orttel wondered if the trees are gone what Mr. Small will be looking at. Mr. Small stated he would be directly looking at the school. Councilmember Orttel wondered if they could plant some quick growing trees to buffer. Mr. Small suggested they redesign the ponds and make them wider and deeper and shorten up the pond in front of his yard so they can preserve the trees as a buffer. He stated he was all for the school until he heard they were going to remove all the trees. Councilmember Trude stated that is the City's fault and not the school's. Mr. Berkowitz stated they could look at planting trees along the boulevard on Mr. Small's side of the street. Motion carried 4 ayes, I abstain (Jacobson). (RES. R089-06) AWARD BID/06-12/CROSSTOWN BOULEVARD NW TRAIL & 06-17/THE OAKS PARK TRAIL & FOX MEADOWS BASKETBALL COURT AND PARK TRAILS City Engineer Berkowitz explained the City Council is requested to receive bids and award the contract for Project 06-12, Crosstown Boulevard Trail and Project 06-17, The Oaks Park Trail & Fox Meadows Basketball Court and Park Trails. Project 06-12 includes a trail section along the east side of Crosstown Boulevard between 140th Avenue NW & 141 st Lane NW. Project 06-17 includes construction of a trail through The Oaks Park from Crosstown Boulevard NW to Kensington Estates 7th Addition and basketball court and trail improvements at Fox Meadows Park. Motion by Orttel, seconded by Trude, to approve the resolution if the low bid is accepted for Project 06-12, Crosstown Boulevard Trail and Project 06-17, The Oaks Park Trail and Fox o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 19 Meadows Basketball Court and Park Trails. Motion carried unanimously. (RES. R090-06) CONVEYANCE OF TAX FORFEIT PROPERTY City Administrator Dickinson stated Lot 3, Block 1, Hamilton Square forfeited to the State of Minnesota on May 23,2003. At that time the Council did not wish to withhold the parcel from the tax forfeit sale for purchase by the City. Mr. Dickinson reviewed the information with the Council. Motion by Jacobson, Seconded by Orttel, to decline the purchase of the property. Motion carried unanimously. UPDATE ON POTENTIAL OPEN SPACE REFERENDUM City Administrator Dickinson stated an Andover Council 2005-06 goal is to explore open space preservation. Questions relative to open space were integrated into the recent community survey conducted by Decision Resources, Inc., which indicated that there was strong support for the City to purchase open space for the purpose of preservation. The survey also indicated that residents would be supportive of an increase in property taxes to support open space preservation in the amount of $20.60 on an annual basis. Mr. Dickinson reviewed the staff report with the Council. Councilmember Trude thought this has been an important issue to the Mayor. She noted she drew up a resolution appointing members to a task force committee. The City Council hereby: 1. Authorizes the creation of an Open Space Task Force consisting of those persons whose names appear on the list as part of Packet Item 19 in the Council packet of July 18, 2006, with the limitation that only one member per household may serve as a voting member. 2. Appoints Mayor Mike Gamache and Councilmember Mike Knight to represent the Council on this Task Force authorizing them to work with staff to organize the meetings, set the agendas and agree on the appointment of a Chair. 3. Directs the Open Space Task Force to prepare a report for presentation to the City Council on September 5, 2006, to answer the following question: "If Andover residents voted to increase their taxes in order to purchase $2 million of open space, what are the characteristics of the land that should be sought to be purchased with these funds?" 4. If the City Council votes to authorize a referendum be placed on the November ballot for the purchase of Open Space, the Task Force is authorized to prepare an article of information on the referendum for publication in the City newsletter and other media o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 20 sources prior to the election. 5. The Open Space Task Force would be dissolved after completion of these tasks. 6. All meetings of the Open Space Task Force shall comply with the Open Meeting law, with notices posted, and other council members welcomed to attend. Motion by Trude, Seconded by Orttel, to approve the proposed resolution. Councilmember Jacobson stated in general he did not oppose this except for item 3. He thought they need to define what they mean and not just the characteristics of the land. They need to defme what they really mean by open space. Mr. Dickinson asked Decision Resources this question and when the survey question was asked it did not mean the development of "Ball fields or park specifics". The Council thought they need to define open space for the ballot. Councilmember Knight thought they need to lean heavily on the existing organizations out there. The Council discussed with staff what the committee should look at regarding open space. Motion carried ummimously. (RES. R091-06) APPROVE POLICY FOR NAMING AND RENAMING OF PARKS, PARK FACILITIES, TRAILS AND CITY CONTROLLED AREAS At the July 5, 2006 Council meeting the Council reviewed a proposed City of Andover "Policy for Naming and Renaming of Parks, Park Facilities, Trails and Open Space." After the review staff was directed to incorporate various details discussed at the meeting and bring back to the Council for future consideration. Councilmember Jacobson stated he had this item pulled because he has one minor change. He stated in the introduction, the second paragraph, it taIks about street naming and following the City grid system which is fine, but streets that do not meet the basic criteria of the City grid will use the following process and procedure. The procedure and everything else is for naming the parks, trails and open space. It does not say anything about streets and he thought they should reword that to include streets. Councilmember Trude suggested they delete the paragraph because they see this in the preliminary plat and staff indicates if there are any changes. Councilmember Trude stated she has a couple of changes. During their discussion there were a couple of other things they looked at and most of the time they do not want to go through this just for the basic parks. They already have a system. Item A should read "City Park naming will occur during the preliminary plat review process. Parks shall generally be named after the location, subdivision neighborhood adjacent or nearby street or prominent natural feature near o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 21 the park. City Council will approve submitted names as part of the plat review process." Councilmember Trude stated Item B is only for the renaming of the park and follows almost everything staff had in the report except she added something they talked about in the workshop. In number three is "the request shall first be informally considered by the City Council at a workshop and a decision will be made whether to have the application formally reviewed. If the Council determines the application should be considered formally, it will go through the process of the Park Commission review." She stated Item 5 should be "The recommendation shall be placed on a regular City Council agenda for final determination." Councilmember Knight stated he did not want to see them rushing into formally naming places. Councilmember Trude stated on Item 6 is they do not want every developer to name a park after themselves; it is the name of a person who donates a major park or all the land for a park, other than through a plat approval process. Councilmember Jacobson wondered if they should have a procedure to name any City facility other than a park or trail. Councilmember Orttel wondered if this was just for parks or for people who worked for the community. The Council continued to discuss what items should be considered for naming. The Council decided to discuss this further at the next Council Workshop. RESCHEDULE AUGUST 1,2006 CITY COUNCIL MEETING August I, 2006 is National Night Out and also a regularly scheduled Council meeting night. To give the Council the opportunity to attend National Night Out events throughout the City, it is recommended that the August 1, 2006 Council meeting be rescheduled. Motion by Knight, Seconded by Jacobson, to reschedule the August 1,2006 Council meeting to Wednesday, August 2, 2006. Motion carried nnanimously. SCHEDULE AUGUST EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting at 6:00 p.m. before the August 15, 2006 City Council meeting. Motion carried unanimously. SCHEDULE AUGUST WORKSHOP Motion by Trude, Seconded by Jacobson, to schedule a Council Workshop for Tuesday, August o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 22 22,2006 and Tuesday, August 29, 2006 at 6:00 p.m. if needed. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on administration & city department activities, Fun Fest Recap, National Night Out activities and miscellaneous projects. MAYOR/COUNCIL INPUT (Road Projects) - Councilmember Jacobson asked when they are going to be bringing up the issue of redoing the roads, the Lund's item that brought this all up. Mr. Berkowitz indicated at the next workshop they have a tour put together. (Conservation Development) - Councilmember Trude stated as they look at different types of developments, especially ones coming in by wetlands and buffer zones, she has learned of a type of development called the "conservation development" and Lino Lakes has done a couple of projects that way but the whole point is to protect natural resources and she thought this would be something to discuss at a workshop. She asked if they could get more information on this. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at II :28 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary o o o CU:Ju~ Cl.<J u)H~ Y~;).-c)~ Regular Andover City Council Meeting Minutes - July 18, 2006 Page 23 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 18,2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE.......................................................... ........................................... 1 RESIDENT FORUM ................................................................................................................. 1 PROCLAMATIONINATIONAL NIGHT OUT 2006...............................................................1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES ......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ................................. ............................:.................................. 2 Approve Quotes/06-7/2006 Trail Maintenance ................................................................... 2 Approve Water Emergency & Conservation Plan/03-27 ..................................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTIIL Y REPORT Received................................................... ...... ......................................................... .............. 2 CONSIDER SKETCH PLAN/TOWNHOMES/LOCATED BETWEEN CROOKED LAKE BOULEVARD AND GLADIOLA SlREET NW................................................................ 2 CONSIDER MnPCA LAND USE PLAN FOR WDE LANDFILL/PRESENTATION BY MnPCA STAFF Motion to approve............ ..................................... .......... ...................................................... 1 0 CONSIDER CONDmONAL USE PERMIT/OFF-SALE LIQUORINE CORNER OF STATION P ARKW A Y AND QUINN SlREET Motion to approve (RES. R084-06) .................................................................................... 11 CONSIDER PRELIMINARY PLAT/ANDOVER MARKETPLACE EAST 2ND ADDITION Motion to approve (RES. R085-06) .................................................................................... 12 CONSIDER FINAL PLAT/ANDOVER MARKETPLACE EAST 2ND ADDITION Motion to adopt (RES. R086-06) ........................................................................................ 13 CONSIDER REZONING FROM R-l TOR-4/1177161sT AVENUENW Motion to approve (ORD. NO. 331) ..............................:..................................................... 13 CONSIDER PRELIMINARY PLAT/COUNTRY OAKS SOUTII/ll77 -161 ST AVE NW Motion to approve (RES. R087-06) .................................................................................... 14 CONSIDER REZONING FROM R-l TO R-4/1341 AND 1433 -161 ST AVENUE NW Motion to approve (ORD. NO. 332) ................................................................................... 14 CONSIDER PRELIMINARY PLATIWHITE PINE WILDERNESS/134l AND 1433 161 ST AVENUE NW Motion to approve (RES. R088-06) .................................................................................... 15 DISCUSS QUIT CLAIM DEED & APPROVE CITY OF ANDOVER mGHW A Y RIGHT-OF-WAY PLAT NO. 6/05-11/TULIP STREETNW Motion to approve (RES. R089-06) ....................................................................................18 AWARD BID/06-12/CROSSTOWN BOULEVARD NW TRAIL & 06-17/TIIE OAKS PARK TRAIL & FOX MEADOWS BASKETBALL COURT AND PARK TRAILS Motion to approve (RES. R090-06) .................................................................................... 19 CONVEYANCE OF TAX FORFEIT PROPERTY Motion to decline .................................................................................................................. 19 UPDATE ON POTENTIAL OPEN SPACE REFERENDUM (RES. R091-06)..................... 19 o o o Regular Andover City Council Meeting Minutes - July 18, 2006 Page 24 Regular Andover City Council Meeting Minutes - July 18, 2006 Table of Contents Page ii APPROVE POLICY FOR NAMING AND RENAMING OF PARKS, PARK FACILITIES, TRAILS AND CITY CONTROLLED AREAS ............................................ 21 RESCHEDULE AUGUST 1,2006 CITY COUNCIL MEETING............................................ 22 SCHEDULE AUGUST EDA MEETING .................................................................................22 SCHEDULE AUGUST WORKSHOP ......................................................................................22 ADMINISTRATOR REPORT .................................................................................................. 22 MAYOR/COUNCIL INPUT Road Projects. .................................................... ................................................................... 22 Conservation Development........................................................................ .................. ......... 23 ADJOUR:NMENT...................................................................................................................... 23