HomeMy WebLinkAboutCC October 7, 2003
~NóbVÉ~ CLlYLQ.fUiL6-
Jo~:ì-I-D3
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 7,2003
Call to Order - Following EDA meeting schednled at 6:00 pm
Pledge of Allegiance
Resident Forum
Agenda Approval
I. Approval of Minutes (9/16/03 Regular; 9/23/03 Special)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Resolution Accepting Streets & Utilities/Silver Meadows - Engineering
4. Tenninate Project/02-42/1508 - 148th Lane NW/SS & WM - Engineering
5. Approve Quote/03-! !Prairie Knoll Park/Well Construction - Engineering
6. Award Bíd/03-5/City View Fann - Engineering
7. Release Letter of Credit & Plat Escrow/Developer's Improvements/Woodland Oaks - Engineering
8. Accept Petitionl94-6/14604 Drake Street NW/SS & WM - Engineering
9. Declare Cost/Order Assessment Ro1l/02-41/143 8 I Osage Street NW /SS & WM - Engineering
10. Declare Cost/Order Assessment RolV03- I 3/14359 Woodbine Street NW /SS & WM - Engineering
I I. Declare Cost/Order Assessment Ro1l/03- I 4/13752 Round Lake Boulevard NW /WM - Engineering
12. Declare Cost/Order Assessment Ro11/03- I 7/14027 Crosstown Boulevard NW!WM - Engineering
13. Award Bid/03-31/EVP Systems (Hanson Blvd. & Bunker Lk. Blvd., Round Lk. Blvd. & Bunker Lk.
Blvd., CSAH 7 & Bunker Lk. Blvd.) - Engineering
14. Authorize Advertisement for Park & Recreation/Planning Commission Vacancies - Eng./Planning
15. Approve Northern Natural Gas Encroachment Agreement/03- I/Prairie Knoll Park - Engineering
16. Presbyterian Homes Update - Finance
17. Approve ReductionlLetter of Credit #03-07/Special Assessments/02-50/Maple Hollow - Finance
18, Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2003 Delinquent Utility Service
Charges - Finance
Discussion Items
19. Sunridge Update/Letter of Credit ReductionlSunridge - Finance
20. Schedule Public HearinglDelinquent Assessments/Sunridge - Clerk
21. Review Signage Request/Woodland Creek Golf Course - Planning
22. Consider Alternate Screening/Molly Professional Building Phase 11- Plaiming
23. Consider Comprehensive Plan Amendment/2020 MUSA Boundary Adjustment - Planning
24. Residential Sketch Planffownhome Development/Kodiak Homes/I 4 I " Lane NW and Crosstown
Boulevard NW - Planning
25. Update Floodplain Issues North of 161" Avenue NW - Engineering
Staff
26. Reschedule November 4, 2003 City Council Meeting - Clerk
Mayor/Council Input
Adjonrnment
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 14
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 7,2003
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE .....................................................................................................1
RESIDENT FORUM..................................................................................................................1
AGENDA APPROV AL .............................................................................................................2
APPROVAL OF MINUTES..................................,....................................................................2
CONSENT ITEMS
Approve Payment of Claims .3................................................................................................
Resolution R164-03 approving Resolution Accepting Streets & Utilities/Silver Meadows3
Terminate Projectl02-42/1508-l48th Lane NW/SS & WM (R165-03) ................................3
Reject Quote/03-1/Prairie Knoll Park/Well Construction (R166-03) ..................................3
Order ad for Bids/03-I/Prairie Knoll Park/Well Construction (R167-03) ...........................3
Resolution R168-03 award Bid/03-5/City View Farm.........................................................3
Release Letter of Credit & Plat Escrow/Developer's Improvements/Woodland Oaks ........3
Resolution R169-03 accepting Petition/94-6/14604 Drake Street NW/SS & WM..............3
Resolution R170-03 declaring Cost/Order Assessment Ro11/02-41/14381 Osage Street
NW/SS & WM.................................................................................................................3
Resolution R171-03 declaring Cost/Order Assessment RoII/03-13/14359 Woodbine
Street NW /WW & WM ...................................................................................................3
Resolution Rl72-03 declaring Cost/Order Assessment RoII/03-14/13752 Round Lake
Boulevard NW/WM.........................................................................................................3
Resolution R173-03 declaring Cost/Order Assessment RoII/03-17/14027 Crosstown
Boulevard NW /WM.........................................................................................................3
Resolution R174-03 awarding Bid/03-31ÆVP Systems (Hanson Boulevard & Bunker
Lake Boulevard, Round Lake Boulevard & Bunker Lake Boulevard, CSAH 7 &
Bunker Lake Boulevard ...................................................................................................3
Authorize Advertisement for Park & Recreation/Planning Commission Vacancies............3
Approve Northern Natural Gas Encroachment Agreement/03-1/Prairie Knoll Park ...........3
Presbyterian Homes Update..................................................................................................3
Approve Reduction/Letter of Credit #03-07/Special Assessmentsl02-50/Maple Hollow....3
Resolution R175-03 declaring Costs, Order Assessment Roll and Schedule Public
Hearing for 2003 Delinquent Utility Service Charges.....................................................3
SUNRIDGE UPDA TE/LETTER OF CREDIT REDUCTION/SUNRIDGE
Motion to authorize reduction of credit .................................................................................6
Motion to authorize staff and the City Attorney to look at issues related to landscaping ..... 7
REVIEW SIGNAGE REQUESTIWOODLAND CREEK GOLF COURSE
Motion to authorize staff to draft letter..................................................................................7
CONSIDER AL TERNA TE SCREENING/MOLL Y PROFESSIONAL BUILDING
PHASE II
Motion to approve..................................................................................................................8
CONSIDER COMPREHENSIVE PLAN AMENDMENT/2020 MUSA BOUNDARY
ADJUSTMENT
Motion to approve..................................,...............................................................................9
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 15
RESIDENTIAL SKETCH PLAN/TOWNHOME DEVELOPMENT/KODIAK HOMES/
141 ST LANE NW AND CROSSTOWN BOULEVARD NW ..............................................9
UPDATE FLOODPLAIN ISSUES NORTH OF 161 ST AVENUE NW ....................................11
RESCHEDULE NOVEMBER 4, 2003 CITY COUNCIL MEETING ......................................11
MA YORlCOUNCIL INPUT
Youth First Group Representative .........................................................................................12
Council Updates on Cable ......................................,..............................................................12
Stakeholders' Meeting ..............,............................................................................................12
Water Treatment Plant Open House ......................................................................................12
Prairie Knoll Park Building ...................................................................................................12
Clocktower Commons Development Agreement ..................................................................12
ADJOURNMENT .................................................................................................................13
.-
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755·5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 7,2003
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, October 7, 2003, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
Councilmember absent: None
Also present: City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Finance Director, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Bunker Lake Village Preliminarv Plat - Mayor Gamache asked if there was anyone at the meeting
for the Bunker Lake Village Preliminary Plat. It was supposed to be on the agenda but was
withdrawn for further information.
Mr. Daniel Webber, 1556 I 40th Lane NW, explained when he left the Planning and Zoning meeting
on September 23, 2003, a resident who lived down the road commented that he cannot fight City
Hall so why bother. He explained that he is in favor of the planned development but he is against the
proposed Eagle Street connecting 140th Lane. It seems to him the Councils' minds were already
made up regarding this street. The original design was to have two cul-de-sacs. Mr. Hanson said the
Transportation Department requested the proposed Eagle Street be put in to connect 140th to 138th.
Mr. Webber stated he is opposed to this street because City Code 11-3 states there needs to be a 330
foot distance between the new road and existing road for intersection spacing. The proposed Eagle
Street is only 220 feet ITom Hanson and he is opposed to the variance that the City is trying pass to
allow this to happen. He stated there is major congestion at the entrance to the proposed Eagle Street
and the current Hanson Blvd. The bike path trail currently ends at 140th Lane NW and he believes
this will be dangerous. If Hanson ever becomes a divided road, with 140th Lane being a right-
in/right-out, he has no problem driving around to go south on Hanson. He explained that with the
increased traffic on 140th Lane NW, the traffic would increase and the traffic is bad enough the way
it is. There are 16 kids aging in the range from two to thirteen that live in the fIrst six houses on
140th Lane NW and his concern is their safety. He stated there has never been a traffic study done on
~-
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 2
140'" Lane NW. He asked before if there ever was a traffic study done on I 40th Lane NW and he was
told there was but with further investigation, he found there has never been a traffic study done on
this road. If the proposed street were to be put next to any of the Councilmember's homes, it would
not happen. He asked that the City please listen to the taxpayers.
Mayor Gamache stated part of the issue with this development with Eagle Street going all the way
through is because 138th and 139th will be closed once Hanson gets upgraded. He explained how
Eagle Street will alleviate the traffic that would go through the entire neighborhood if Eagle Street
were to be two cul-de-sac streets:
Councilmember Trude stated with the location they were talking about, they have had over one
hundred residents come in over the last five years stating they did not want commercial on this site.
If commercial would have been on this site, Eagle Street would not be there but this was not the type
of development the residents wanted.
Ms. Julie Martin, 1568 140th Lane NW, explained she is the house that will be next to the proposed
Eagle Street. She explained she is also against this street because she will be surrounded on three
sides by roads. She asked if anyone knew how close the road would come to her property. Mr.
Neumeister stated he did not have the information with him but could get her that information. The
Council advised her to be sure to come to the next meeting regarding this item.
AGENDA APPROVAL
Remove ITom the Agenda Item 20, (Schedule Public Hearing/Delinquent AssessmentslSunridge).
Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
September 16, 2003, Regular Meeting: Correct as written.
September 23, 2003, Special Meeting: Correct as amended.
It was noted on the September 23, 2003, Special Meeting, page 15, second paragraph, second
sentence should read "They are looking at a yearly less lease with the school district. He noted they
have a tax range per household of $39 to $45 on a $200.000 market value..."
Councilmember Trude stated on the September 23, 2003 meeting, there ~ to a Park
Commissioner's name that was misspelled. The correct spelling is "Dan I . She also
stated on page 3, middle of the page is a motion which was incorrect. The correct motion should
read "...removing the first second sentence of condition eight", this is regarding transportation. \ G3
escrows. ().,\1\Lf\d}~ \\:¡-:J- -
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 3
Motion by Trude, Seconded by Orttel, approval of September 23,2003 Minutes as indicated above.
Motion carried unanimously.
Mr. Dickinson asked if they were removing number five, the transportation part of number five.
Councilmember Trude stated the Council deleted the entire condition five and it was a sentence of
another item which was regarding fmancing. Mr. Dickinson agreed.
Motion by Jacobson, Seconded by Trude, approval of September 16, 2003 Minutes as indicated
above. Motion carried 4 ayes, 1 present (Gamache).
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Approve Resolution Accepting Streets & Utilities/Silver Meadows (See Resolution
R164-03)
Item 4 Twninate Projectl02-4211508-148th Lane NW/SS & WM (See ResolutionRI65-03)
Item 5 Reje¿t"-Q'1Í6tel03-1/Prairie Knoll Park/Well Construction (3"" R<->ulul;vu RICC 83) (wu.n.d.;..(~
Or-à<:! ad fÓf bià:!!03-1/Prairie Knoll Park/W ell Construction (See Resolution R167-03) 10 .J. 1-0
Item 6 Award Bid/03-5/City View Farm (See Resolution RI68-03)
Item 7 Release Letter of Credit & Plat Escrow/Developer's Improvements/W oodland Oaks
Item 8 Accept Petition/94-6/14604 Drake Street NW/SS & WM (See Resolution RI69-03)
Item 9 Declare Cost/Order Assessment RoII/02-41/14381 Osage Street NW /SS & WM (See
Resolution RI70-03)
Item 10 Declare Cost/Order Assessment RoII/03-13/14359 Woodbine Street NW/WW &
WM (See Resolution RI71-03)
Item 11 Declare Cost/Order Assessment RoII/03-14/13 752 Round Lake Boulevard NW!WM
(See Resolution RI72-03)
Item 12 Declare Cost/Order Assessment RoII/03-17/14027 Crosstown Boulevard NW!WM
(See Resolution R173-03)
Item 13 Award Bid/03-31ÆVP Systems (Hanson Boulevard & Bunker Lake Boulevard,
Round Lake Boulevard & Bunker Lake Boulevard, CSAH 7 & Bunker Lake
Boulevard (See Resolution RI74-03)
Item 14 Authorize Advertisement for Park & Recreation/Planning Commission Vacancies
Item 15 Approve Northern Natural Gas Encroachment Agreement/03-1/Prairie Knoll Park
Item 16 Presbyterian Homes Update
Item 17 Approve ReductionlLetter of Credit #03-07/Special Assessmentsl02-50/Maple
Hollow
Item 18 Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2003
Delinquent Utility Service Charges (See Resolution RI75-03)
Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
unanimously.
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 4
SUNRIDGE UPDATElLETTER OF CREDIT REDUCTIONISUNRIDGE
Community Development Director Neumeister explained a rewning, P. D.D. and preliminary plat for
the 34 unit townhome development known as "Sunridge" was approved by the City Council on
December 7, 1999. The development must follow the P.D.D. Ordinance (#112) and that Ordinance
requires "In any P.U.D., landscaping shall be provided according to a plan approved by the City
Council, which shall include a detailed planting list with sizes and species indicated as part of the
final plan." A landscaping plan was approved for the development and has only partially been
completed.
Mr. Neumeister eXplained that until the last year, very little progress had been made on the
installation of landscaping and irrigation in the development. At the last Council meeting, four
residents came forward asking about the status of the escrows and letters of credit that the City was
holding to assure these improvements would be made. Council directed staff to investigate and
report at the next meeting.
Mr. Neumeister stated that after reviewing the file, and field checking the landscaping at Sunridge,
there appears to be only limited amounts of the required landscaping completed at this time. There
are only a few of the townhomes that have fully completed landscaping. Thirty-four townhomes
were approved for construction. Of those, fourteen units have some or all of the required
landscaping completed at this time. Building permits have been issued on eighteen of the units and
those are currently under construction. Two units do not have a building permit issued at this time.
Mr. Neumeister explained that as each unit is completed, the City Building Department is asking for
the landscaping to be completed, or· the builder must provide $5,000 escrow prior to granting a
Certificate of Occupancy. This is to assure that the required landscaping will be done.
Staff met with the developer, Doug Hanson, explaining to him that the City needed proof that the
Articles of Incorporation had been filed with the Secretary of State, as well as proof that the
Declaration of Covenants had been recorded at the Anoka County Recorders Office. Mr. Hanson
indicated those had been done. Since that meeting, staffhas not received any proof that these items
have been recorded. Several other items were also discussed with Mr. Hanson at the meeting.
Mr. Neumeister explained staff also met with the concerned property owners. At that meeting, they
stated very clearly they would like assurances that the developer will complete the necessary
landscaping and bring the units into conformance with the approved landscaping pIan as well as have
routine maintenance performed. They were concerned that the work was not being done, and that the
City should put a hold on any further letter of credit releases in order to get the developer to comply.
Mr. Neumeister explained that based on what the City Attorney and his office have talked about, the
developer is still responsible for the landscaping to be in place and installed on this project. In
meeting with the developer, he has indicated he has had some purchase agreements with the builders
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 5
who have purchased the lots stating that they will take over that responsibility. In discussing it with
the attorney, he indicated this does not relieve the developer of his responsibility to put the landscape
improvements in place. Mr. Hanson has met with the finance director and himself on a couple of
occasions and they have asked for information regarding the proof of the recording of the Articles of
Incorporation having been filed with the Secretary of State. The Declaration of Covenants has been
recorded at the Anoka County Recorders Office and they have proof of that in the file. There is no
requirement that By-Laws be recorded.
City Finance Director Dickinson stated they have received evidence that the Articles of Incorporation
and Declaration of Covenants have been filed with the Secretary of State. They have been provided
with the accounting records and there is accounting of the fees of the Association. This update was
brought after the last meeting where they requested a letter of credit reduction for special
assessments, looking to reduce the special assessments to a new balance of $39,012.88. The
reduction would be $33,987.12 and the [fiance department recommends that request.
Councilmember Jacobson stated there were two separate issues; one is the special assessment request
for the reduction and the second one is the landscaping. Wben Sunridge was the fIrst townhouse
development in the City, in the development contract they listed a number of items that needed to be
done but landscaping was missed. There is a verbal agreement between the developer that this will
be done.
Councilmember Jacobson asked the City Attorney if they have any legal clout on the landscaping
issue. City Attorney Hawkins stated he thought they did because they approved this development
and one of the conditions of approval was to install the landscaping according to the landscaping
plan. He stated that they took action in approving the development in itself contingent of the
landscaping being done.
Councilmember Jacobson asked if this was not done, would they be able to sue. City Attorney
Hawkins stated they would.
Councilmember Orttel asked who they would sue. City Attorney Hawkins stated they would sue the
developer that came before them for approval.
Councilmember Orttel stated in the report, it states that the building department has been collecting
$5,000 per lot for escrow and asked if it is it proper for the City to be doing this. City Attorney
Hawkins stated they took a look at this and there is a provision on the back of the application that
authorizes the City to require escrows for certain on-site improvements.
Councilmember Trude asked if the escrow would be enough to do the landscaping. City Attorney
Hawkins stated it was not.
The Council further discussed the reduction of the letter of credit and the issue of landscaping.
Councilmember Trude asked iflegally they could use the letter of credit for payment for any other
Regular Andover City Council Meeting
Minutes- October 7, 2003
Page 6
purpose. City Attorney Hawkins stated the terms of the letter of credit only allows them to draw on
the letter of credit for delinquencies in payment of special assessments.
Motion by Jacobson, seconded by Orttel, to authorize the reduction ofletter of credit on the special
assessment by $33,987.12 to a new balance of $39,012.88.
Mr. Tom Belting, 1812 135th Avenue, stated he brought up the issue of the letter of credit and the
letter of credit refers to both City and developer improvements. The new letter of credit does not
distinguish between the two.
Mr. Belting read ITom the letter of credit and reviewed the different reports regarding the
development.
Mr. Belting stated their concern is that they are looking at getting delivered what they were promised
and they were looking at the City for help. He has met with City staff and they have been really
helpful. The two buildings have been occupied for over a year and the certificate of occupancy has
not been issued.
Mr. Neumeister stated he believed there was no Certificate of Occupancy because a grading permit
had not been fmalized. He does not know why people are living there. Councilmember Trude
wondered how the mortgage company released the money without a certificate of occupancy because
that is usually what they look for at closing.
Councilmember Jacobson asked City Attorney Hawkins if there was anything that he heard that
would have them wait to reduce the letter of credit. City Attorney Hawkins stated he was not sure
what Mr. Belting was talking about and the action tonight does not jeopardize any legal action if the
City would want to take action against the developer in the future.
Mayor Gamache indicated that the City was in discussion with the developer and indicated to him
what the City is expecting regarding the completion of the landscaping. Mr. Neumeister stated as of
6:00 p.m. today, he has received from Flamingo Builders, Winkelman Properties, Sunridge
Townhomes and the Tamarack Corporation, copies of their purchase agreements from DH Builders
and item three on all of these states "builder will meet approved grading/landscaping plans; builder
will irrigate sod, landscape at builder's expense." The developer made that a requirement of them at
the sale of the land. Mr. Neimeister conveyed to the developer that according to the City Attorney,
this does not relieve him of the responsibility so he is the one that will need to make sure the builders
will do that and the City will need to make sure the builder has an escrow or they cannot have a
certificate of occupancy.
Ms. Becky Peters, 1929 135th A venue, stated she is marked on the plan as having the landscaping all
done and she is taking issue with that because some of her landscaping is dead and there is still an
undone area. She stated there are a lot of issues concerning the landscaping.
Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 7
Mr. Belting stated Mr. Winkelman is out of business and bankrupt. He stated the P.D.D. says
$3,500.00 for landscaping which is a commitment for landscaping between the developer and the
City and he has not seen any documents with the authority to move the amount up to $5,000.00.
Motion by Jacobson, seconded by Knight, to authorize the City Attorney and staff to look at the
issues brought up to see if there is a legal problem in either the filing of the dates or the people who
signed the documents and what the City's options are to make sure the landscaping is done according
to the plan and to bring this back to the next meeting and to review the Association documents and to
have the City Attorney recommend what legal remedies the City has to make sure that the City's
contract is upheld for landscaping.
Councilmember Knight asked if the person who signed the documents was not a principal, would
this be minute. City Attorney Hawkins stated they have reviewed these documents and the
landowner who signed the development contract shows there is a notary stamp and that Mr. Kevin
Stanton was Vice President of the Corporation. He stated it is normal for the declaration of
covenants restrictions to be recorded by the landowner simultaneously with the plat and then the
Association comes into existence after that.
Councilmember Trude stated they may need to look at what the city's remedies are.
Motion carried unanimously.
REVIEW SIGNAGE REQUEST/WOODLAND CREEK GOLF COURSE
Community Development Director Neumeister explained the Woodland Creek Golf Course has had
a sign along Round Lake Boulevard, which is a county road. The county has indicated that they plan
to remove the sign. Woodland Creek Golf Course has petitioned the County to allow the erection of
four new signs, but the County has refused to allow it.
Mr. Neumeister stated Mr. Ron Vannelli and Mr. Michael Olson have written a letter addressed to
the Andover City Council asking for their support in negotiating a new sign agreement with Anoka
County. The letter defmes a proposed hardship faced by the golf course that highlights their need for
the sign agreement.
Councilmember Jacobson asked if the signs would be placed on County property. Mr. Vanelli stated
they would be placed on County right-of-way. These would be informational signs only.
Councilmember OrtteI asked why this would not be allowed. Mr. Vanelli stated he did not know.
He stated he contacted the City and the City gave him a phone number at the County and it took
awhile to get reach anyone and when he did, he was redirected to someone else who felt there was a
hardship but stated it was not his area. The fmal person he talked to said this was not a hardship.
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 8
Mr. Vanelli was asking for the City's help in this matter.
Motion by Jacobson, Seconded by Knight, to authorize staff to draft a letter to the Anoka County
Highway Department in support of signs along Round Lake Boulevard for Woodland Creek Golf
Course and along Crosstown with copies of the letter going to the County Commissioners. Motion
carried unanimously.
CONSIDER ALTERNATE SCREENING/MOLLY PROFESSIONAL BUILDING PHASE II
Community Development Director Will Neumeister stated Pinewski Builders is presenting a revised
landscaping plan to take the place of a screening fence discussed at the December 3, 2002 City
Council meeting.
Motion by Orttel, Seconded by Knight, to approve the revised landscaping plan in lieu of a fence
with the developer agreeing to replace landscaping when needed.
Councilmember Trude stated she remembered the meeting that this was approved at and there were
some residents with children who were concerned because there would be deep water retention
ponds on the property and she wondered if those residents were notified. Mr. Neumeister stated he
could not answer that.
Mr. Steve Pinewski, developer stated they notified all four of the residents in person and three of the
four homeowners were at the meeting and the fourth resident already has a fenced property.
Councilmember Trude stated if that is the case, then she was satisfied because that was the only issue
she had.
Councilmember Jacobson stated normally when they plant trees, they have a one or two year
replacement guarantee and since this will be the only screening for the property, he was wondering if
they should increase the guarantee for a longer period of time and make it a requirement that it would
be maintained forever. Mr. Pinewski stated they do not have a problem with that.
Motion carried unanimously.
CONSIDER COMPREHENSIVE PLAN AMENDMENT12020 MUSA BOUNDARY
ADJUSTMENT
Community Development Director Neumeister explained the applicant is requesting a
Comprehensive Plan Amendment to extend the Municipal Urban Service Boundary (MUSA) to
include the subject property. The applicant is also requesting that the property be guided for the
current stage of sewer expansion (2000-2005). This would allow the property to be developed at an
urban density with municipal sewer and water.
H_ .
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 9
Councilmember Jacobson wondered if this was only one parcel because there is only one PIN
number. Mr. Neumeister stated that was true.
Councilmember Jacobson stated one item is missing in the resolution. Because of the limited sewer
capacity that will be available north of 161 st, even though this will be added in, the developer may
not get the housing density they are looking at because they have talked about spreading some
capacity to other parcels. By authorizing this Resolution, that issue still remains. Mr. Neumeister
stated they could clarify this in the Resolution for the number of units served.
Discussion ensued in regard to the number of units allowed in the MUSA.
Mr. Bob Wiley stated it would be much easier to come up with a unit number. Councilmember
Jacobson stated in a Comprehensive Plan Amendment they have to go by acres. Councilmember
Trude stated they cannot get that detailed.
Mr. Berkowitz stated with this issue, they relate the acreage back to 2.1 units per acre which they do
have a number of approximately 99 units.
Discussion continued in regard to the number of units that will be allowed.
Motion by Trude, Seconded by Jacobson, to approve the proposed Comprehensive Plan Amendment
to allow expansion of the MUSA boundary and adjustment of the sewer staging plan amending the
third Whereas of the Resolution to serve approximately 47.5 acres of the subject property. Motion
carried unanimously.tCOLi/lc<.;. IlCtcl (l \\,,[td~
lììtClfPI"(;:I¡-(d -Dì€..- ,
Councilmember Trude stated there was a letter in their mailboxes stating thtComprehensive Plan I-tm.uìé:l¡,\¡, ~
"IIk,,?,1J' ~pprm'ed thi~. Mr. Neumeister stated they acted on the Rural Reserve designation but have
not adjusted the City's MUSA boundary yet. ~l\l. \d..'-£.i ) D - À l-D::,
RESIDENTIAL SKETCH PLANíIOWNHOME DEVELOPMENT/KODIAK HOMES/I41sT
LANE NW AND CROSSTOWN BOULEVARD NW
Community Development Director Neumeister stated the Council is asked to review a sketch plan
for a housing development containing 16 twinhome units.
Mr. Neumeister discussed the information with the City Council
Councilmember Trude stated she thought this was a vast improvement over what they have
previously seen.
Mayor Gamache asked if there was discussion regarding the access to 141 st Lane off of142nd Lane so
it would not line up with the home across from there. Mr. Neumeister stated there was discussion
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 10
between the developer and current homeowner.
Mr. Bruce Carlson, Kodiak Homes, stated they have adjusted the street so the headlights will shine
ninety percent into the property owners' garage and entryway instead of the living room. He stated
the County would not allow them to move the other end of the road to accommodate the existing
homeowners in the back of the development. They are changing colors and alternating brick and
stone to make them look more appealing and to differentiate them ITom one another.
Councilmember Jacobson asked if the County has requested that they install any turn lanes. Mr.
Carlson stated they never requested that. Mr. Dickinson stated they have not received comment back
ITom the County on that issue.
Councilmember Knight asked if they have met with the neighborhood. Mr. Carlson stated he has
met with some of the residents.
Councilmember Jacobson asked in block 2, lots 1 and 2, what did the developer plan on doing to
screen the development from the property behind them. Mr. Carlson stated he planned on putting in
evergreen trees thirty feet apart.
Councilmember Jacobson suggested Mr. Carlson extend the berming along the entire edge of the
development adjoining current property owners. Mr. Carlson stated there is already a berm along the
entire property and if there is not any now, there will be.
Councilmember Jacobson asked if there will be screening along Crosstown Boulevard. Mr. Carlson
stated the City suggested putting trees in instead of a fence which is what he wanted to do.
Councilmember Jacobson asked if there is a trail there. Mr. Carlson stated there is a proposed trail.
Mr. Berkowitz stated at this point, money is collected through the trail fund and it will be constructed
at a later date.
Mayor Gamache asked if Mr. Carlson would consider sidewalks along 142nd Lane. Mr. Carlson
stated he would be taking away ITom the lawn of the homes ifhe did this and he thought it would not
look good.
Councilmember Jacobson asked if the holding pond would be a dry pond. Mr. Carlson stated it
would be primarily dry.
Councilmember Knight asked if parking would be allowed on 142nd Lane. Mr. Carlson stated it
would be up to the City but he thought it would be allowed.
Ms. Becky Joyner, 14194 Quinn Street, stated this plan looks better than the previous ones but she
still had one concern. Her concern was where 142nd Lane comes out which does not leave a lot of
room behind her lot. She wondered if they could take off the end unit and move the three units out a
little bit to provide more lawn and do some landscaping on each side of the ends of the roads.
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 11
Mayor Gamache stated he would be open to moving the end units closer to the road if it meets the
approval of the Council.
Discussion ensued in regard to moving the units closer to the road.
Councilmember Trude stated the setback issue on the :&ont unit was reduced because they are trying
to align streets and because of the County setback issues. She explained she does not want this to be
a new standard in the City.
UPDATE FLOODPLAIN ISSUES NORTH OF I61sT AVENUE NW
City Engineer Berkowitz stated developers are currently working on a sketch plan approval and
potential development north of 16151 A venue between Hanson Boulevard and the Railroad tracks.
Now that development is moving north of 161 51 Avenue NW and on the headwaters of County Ditch
6, a detailed floodway study and a conditional use permit are required per City Code and the Lower
Rum River Watershed Organization to determine the 100 year flood boundary and 100 year flood
elevation so that low floor elevations can be established for each of the future developments.
Councilmember Trude asked if this is the kind of thing the City could request some help in CDBG
funding for. City Finance Director Dickinson stated this can be applied for but the chance of getting
this approved is slim and it would also delay the process.
Mr. Berkowitz showed a map of the area and discussed where the flood plain is located.
Discussion was brought up regarding what happens with the study and after the study is submitted to
FEMA and how the flood plain is determined.
Consensus of the Council was to allow a study to be done of the floodplain area.
RESCHEDULE NOVEMBER 4, 2003 CITY COUNCIL MEETING
City Finance Director Dickinson explained School District #11 will be conducting an election on
November 4,2003 that involves a portion of the City of Andover. State Law does not allow any
City Council meetings from 6:00 p.m. to 8:00 p.m. on an election day. The fust meeting in
November falls on that Election Day. Staff recommends rescheduling the November 4, 2003
Council meeting to 8:01 p.m.
Motion by Jacobson, Seconded by Orttel, to reschedule the November 4, 2003 City Council
meeting to start at 8:01 p.m. Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 12
MAYOR/COUNCIL INPUT
(Youth First Group Representative) - Mayor Gamache stated he had a request ITom the Youth First
Group. They are looking for representatives from the area and he thought Laura Landes should be
the representative for the City because she is already involved with residents and would be a great
representative for this.
Motion by Orttel, seconded by Jacobson, to approve Laura Landes as Andover's representative for
Youth First Group. Motion carried unanimously.
Councilmember Trude stated there is another opening and she thought they should advertise for
this.
(Council Updates on Cable) - Mayor Gamache stated as a member of the Cable Commission, a
request has been made again that it is a recommendation that the Councilmembers go over there to
film their updates. Councilmember Orttel stated they were assured this would not be an issue.
Mayor Gamache stated it is not an issue, just a suggestion.
(Stakeholders'Meeting) - Councilmember Trude wanted to remind people of the Stakeholders'
meeting regarding the Community Center is October 8, 2003 at 6:30 p.m.
(Water Treatment Plant Open House) - Mayor Gamache reminded the Council and public of the
water treatment plant open house tour on Thursday, October 9,2003 from 5:00 p.m. to 8:00 p.m.
Councilmember Orttel stated this is very interesting and worth touring.
(Prairie Knoll Park Building) - City Finance Director Dickinson stated the Prairie Knoll Park
building is moving along very well and they are nearing completion. They would like to facilitate
the ability to start storing equipment in the building. He would recommend a lease agreement for the
building. He stated they do have a sample lease arrangement and he is proposing that they mirror
that contract and have it reviewed by the City Attorney and provide it to the Associations before the
building is completed so they can start utilizing the building irnrnediately. Councilmember Knight
stated the only thing they need to be concerned with is that they have rules they abide by.
Councilmember Orttel stated he thought they should move ahead with this. Councilmember
Jacobson stated he would like to look at this. Councilmember Jacobson asked to have this faxed to
him.
(Clocklower Commons Development Agreement)- Councilmember Trude asked why Clocktower has
not received their development agreement. She wondered if they were trying to expedite that. City
Attorney Hawkins stated the development agreement was emailed to Mr. Haas last week and he was
supposed to be looking at it and once he is done looking at it, they will email it to the attorney for
Clocktower. Councilmember Trude wondered why this was not processed in September. City
Attorney Hawkins stated they did not know who the landowner was and who would be signing it
until last week. Mr. Dickinson stated there are some issues that need to be clarified before the
-.~~
Regular Andover City Council Meeting
Minutes - October 7, 2003
Page 13
development agreement can be completed. Councilmember Trude asked if this could be expedited.
Mr. Dickinson stated if they came in with a commercial site plan on one particular building, they
could get a permit to go and start excavating at this time. The key thing for that to happen is a
commercial site plan, which they have not received.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:20 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
-.~~