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HomeMy WebLinkAboutCC April 6, 2004 ~NDbVÉ~ 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, April 6, 2004 Call to Order - Following EDA Meeting held at 6:00 p.m. Pledge of Allegiance Resident Forum a. Response to Student Loitering Concern - Engineering Agenda Approval Presentation of AwardIBolton & Menk/Water Treatment Plantl99-15 - Engineering 1. Approval of Minutes - (3/16/04 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Plans & Specs/Order Advertisement for Bids04-9/Crosstown Meadows - Engineering 4. Approve Plans & Specs/Order Advertisement for Bids/04-2/2004 Mill & Overlay - Engineering 5. Approve Quit Claim Deed/City View Farm/Emergency Vehicle Turnaround - Engineering 6. Approve No Parking Resolution/90-20/Round Lake Blvd (CSAH 9) and 157'h Avenue (CSAH 20)- Engineering 7. Approve Project Engineer's Certificate of Approval/99-15/Water Treatment Plant - Engineering 8. Declare Costs/Order Assessment Roll/02-49/Woodland Estates 4'h Addition - Engineering 9. Approve Vacation of Drainage Easement/City View Farm - Planning 10. Approve Final PlatlOakview Park - Planning II. Approve Final Plat/Oakview Park 2'd Addition - Planning 12. Approve Conditional Use Permitlln-home Beauty Salon/2343 135'h Ave. NW -Planning 13. Approve Conditional Use Permit AmendmentlNature's RunINew Townhome Design - Planning 14. Adopt Resolution Changing Polling Place (Precinct #7)-- Clerk 15. Adopt Resolution Appointing HlPPA Privacy Official and Contact Person -Administration 16. Approve On-Sale 3.2% Malt Liquor License Renewal/Woodland Creek Golf Course - Clerk 17. Approve Lot Split/560 - I 77th Avenue NW - Planning Discussion Items 18. A ward Bid Package I & 2/Reject Bid Category 2B/Community Center - Administration 19. Acknowledge Community Center Ice Arena Manager Position, Cont. -Administration 20. Consider Rezoning R-4 to SC (Shopping Center)/CVS Pharmacy/13748 Round Lake Blvd. - Planning 21. Consider Conditional Use Permit/Drive-through/CVS Pharmacy/363I Bunker Lake Blvd. - Planning 22. Consider Preliminary PlatlSophie's Manor/1021 Crosstown Boulevard NW, Cont. - Planning 23. Consider Rezoning/R-I to R-4/Woodland Estates 6'h Addition - Planning 24. Consider Preliminary PlatIWoodland Estates 6'h Addition - Planning 25. Accept Feasibility Report/Order Plans & Specs/04-13NMB Through Proposed Woodland Estates 6'h Addition - Engineering 26. Consider Sketch Plan/Country Oaks WestlllOI 161" Avenue NW - Planning 27. Location Update/01-5/Skate Park Equipment-Engineering 28. Consider New Trail Construction Projects for 2004, Cont. - Engineering 29. Approve Extension ofContractl04-1/2004 Sewer Study, Cont. -Engineering 30. Consider Tax Abatement Application - Administration Staff Item 31. Discuss New Standard Street Section (Continued) - Engineering 32. Schedule April City Council Workshop - Administration 33. Schedule Council Goal-Setting Workshop - Administration Mayor/Council Input Adjournment ~ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -APRIL 6, 2004 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE ......................,......................,......................................................,1 RESIDENT FORUM.....................................,............................................................................1 AGENDA APPROV AL ......................................................................,......................................2 PRESENTATION OF AWARD/BOLTON &MENK/WATER TREATMENTPLANTI 99-15 ,..... ........ ... ........,...... ... ... ................. ..........., ........ .......................................... ........... ......2 APPROVAL OF MINUTES...................................,.....,.........................................,...,,..............2 CONSENT ITEMS Approve Payment of Claims......................................................................................,..........3 Resolution ROSO-04 approving Plans & Specs/Order Advertisement for Bidsl04-91 Crosstown Meadows.................................................................,......................................3 Resolution ROSI-04 approving Plans & Specs/Order Advertisement for Bids/04-2/2004 Mill & Overlay.......................................................................,.........................................3 Approve Quit Claim Deed/City View FarmlEmergency Vehicle Turnaround.....................3 Resolution ROS2-04 a~proving No Parking ResoIution!90-20/Round Lake Boulevard (CSAH 9) and 157 Avenue (CSAH 20) .......................................................................3 Approve Project Engineer's Certificate of Approval/99-I5/Water Treatment Plant............3 Resolution ROS3-04 declaring Costs/Order Assessment Roll/02-49/Woodland Estates 4 tb Addition... ......... .............. ,............ ...... ........ ......... ...... .............................. ........3 Resolution ROS4-04 approving Vacation of Drainage Easement/City View Farm..............3 Resolution ROSS-04 approving Final Plat/Oakview Park ....................................................3 Resolution ROS6-04 approving Final Plat/Oakview Park 2nd Addition ...............................3 Resolution ROS7-04 approving Conditional Use Permit/In-Home Beauty Salon! 2343 I35tb Avenue NW ...................................................................................................3 Approve Conditional Use Permit AmendmentlNature's RunlNew Townhome Design (ROS8-04) ............................................................................................................3 Resolution ROS9-04 adopting Resolution Changing Polling Place (precinct #7) ................3 Resolution R060-04 adopting Resolution Appointing HIPP A Privacy Official And Contact Person .....................................................................................,...................3 Approve On-Sale 3.2% Malt Liquor License Renewal/Woodland Creek Golf Course .......3 Resolution R061-04 approving Lot Split/560 - l77tb Avenue NW .....................................3 AWARD BID PACKAGE I & 2/REJECT BID CATEGORY 2B/COMMUNlTY CENTER Motion to adopt Resolutions R062-04 (R063-04),(R064-04)...............................................3 ACKNOWLEDGE COMMUNITY CENTER ICE ARENA MANAGER POSITION, CONT. Motion to move item to April 27, 2004.................................................................................5 CONSIDER REZONING R-4 TO SC (SHOPPING CENTER)/CVS PHARMACY I 13748 ROUND LAKE BOULEVARD Motion to approve (Ord.288)...................................................................,............................,6 CONSIDER CONDITIONAL USE PERMITIDRIVE-THROUGH/CVS PHARMACY I 3631 BUNKER LAKE BOULEVARD Motion to approve (R06S-04) ....................,............,..,...,....................,.."..""...............,........ 7 Regular Andover City Council Meeting Minutes - April 6, 2004 Table of Contents Page ii CONSIDER PRELIMINARY PLAT/SOPHIE'S MANOR/I021 CROSSTOWN BOULEVARD NW, CONTINUED Motion to table....................,................................................................................,.................8 CONSIDER RElONING/R-I TO R-4/WOODLAND ESTATES 6TI1 ADDITION Motion to approve (Ord. 289)...................................,.........................................,..................10 CONSIDER PRELIMINARY PLAT/WOODLAND ESTATES 6TI1 ADDITION Motion to approve (R066-04) ................................................................................................1 0 ACCEPT FEASffiILITY REPORT/ORDER PLANS & SPECS/04-13NMB THROUGH PROPOSED WOODLAND ESTATES 6TI1 ADDITION Motion to approve (R067-04)................................................................................................12 CONSIDER SKETCH PLAN/COUN1RY OAKS WEST/I 101 161 ST AVENUE NW ............12 LOCATION UPDA TE/OI-5/SKATE PARK EQUIPMENT .....................................................14 CONSIDER NEW TRAIL CONSTRUCTION PROJECTS FOR 2004, CONTINUED Motion to choose Option B....................................................................................................15 APPROVE EXTENSION OF CONTRACT/04-l/2004 SEWER STUDY, CONTINUED Motion to approve..................................................................................................................16 CONSIDER TAX ABATEMENT APPLICA TION...................................................................I7 REQUEST FROM STATE REPRESENTATIVE CHRIS DELAFOREST ..............................18 DISCUSS NEW STANDARD STREET SECTION, CONTINUED ........................................19 SCHEDULE APRIL CITY COUNCIL WORKSHOP .......................................,.......................19 SCHEDULE COUNCIL GOAL-SEITING WORKSHOP ........................................................19 MAYOR/COUNCIL INPUT Resolution for Public Hearing Motion to adopt (R068-04)....................,..........................................................................19 April 24, 2004 Andover Spring Recycling Day.....................................................................20 Arbor Day Commission Award .............................................................................................20 Administrative Review ..........................................................................................................20 Fundraising ................;..................................................................................,........................20 ADJOURNMENT ......................................................................................................................20 - - ClfY)lJ~ CITY o F t.LlO- 04- 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 - APRIL 6, 2004 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 6, 2004, 7:04 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 City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM RESPONSE TO STIJDENT LOITERING CONCERN - It was noted at the March 16, 2004 City Council meeting, Mr. Terry Tobiason informed the Council that students from Andover High School and others have been smoking and .loitering in the wooded area next to his property during school hours. He is concerned about the fire potential in this area. Staff met with Captain Dave Jenkins, Andover High School Principal Jerry Hanson; Mr. Tom Redman, the High School's Liaison Officer and Terry Tobiason to discuss loitering and smoking that has occurred in the wooded area near Mr. Tobiason's property. The school district is looking into installing a six foot fence along the west side of Crosstown Boulevard NW along the High School property. They'are also using means of deterring students from gathering in this location. The Sheriffs Department continues to question students loitering in this area and staff is working with Mr. Tobiason on educating the neighbors regarding the potential fIre danger due to smoking in the dense wooded area. Mr, Rod Pakonen - 13890 Holly Street NW, stated he wanted to talk about the problem they have had in their neighborhood over the last seven years with littering on garbage days. He described the types of garbage found in the streets in his neighborhood. He thought if the City would issue a few warnings it would solve the problem they have. Mr. Pakonen stated he called the City and asked how many warnings have been issued on garbage day. He did not think any warnings have been issued and he wondered if something could be done. Regular Andover City Council Meeting Minutes - April 6, 2004 Page 2 Mayor Gamache stated this is an issue that needs to be taken care of. He noted the residents could call City Hall for recycle bins. Councilmember Trude stated she thought this was in neighborhoods where there were a lot of childre,and also the recycle trucks mSViJ threagh thiJ neighberhoeàs ','ery. fast. (1M. tß'l.C CLtù;j... ~ _ y,¡,"""" "'4 l.~.s ~\I-~ \oh.u) <' u..b "6 ~ l.a..tú-P (LtW~ <;ft'-'·()~·4L>\. \'h>---h.Lv-k. hUM. ~ b,,~.,¡ CO'\~. ~ eJ-.;;¡ó-o<-l Mayor Gamache stated the next time the City looks for recycle containers they could look at containers with covers on them. Councilmember Jacobson suggested the resident should make a flyer up and distribute it throughout the neighborhood bringing the litter to the neighbors' attention and this may help to clean it up. AGENDA APPROVAL Add Item 30a, (Request From State Representative Chris DeLaForest) to Discussion. Motion by Knight, Seconded by Orttel, to approve the Agenda as amended above. Motion carried unanimously. PRESENTATION OF AWARD/BOLTON & MENK/WATER TREATMENT PLANT/99-15 Mr, David Oxley, and Mr. Bob Brown, Bolton & Menk, presented the Water Treatment award to the Mayor and Mr. Berkowitz for the City. APPROVAL OF MINUTES March 16, 2004, Regular Meeting: Correct as amended. Councilmember Trude stated in the discussion of the Sunshine Park Ball field lighting, there is reference to the costs which are not quite right and do not add up. She thought there should be a line in the minutes that states "The estimated Droiect costs for Sunshine Park Ball Field Lighting is $298.000 and they are waiting on bids. which is the base bid." Councilmember Trude stated on the last page, under Mayor/Council Input, "Andover Huskies Girls Basketball Team"; she wanted to make a correction regarding the Girls Dance Team. She noted they took second in the i~zz competition and not the high kick competition. Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. - Regular Andover City Council Meeting Minutes - April 6, 2004 Page 3 CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Plans & specs/Order Advertisement for Bids/04-9/Crosstown Meadows (See Resolution R050-04) Item 4 Approve Plans & Specs/Order Advertisement for Bids/04-2/2004 Mill & Overlay (See Resolution R05I-04) Item 5 Approve Quit Claim Deed/City View FarmlEmergency Vehicle Turnaround Item 6 Approve No Parking Resolution/90-20/Round Lake Boulevard (CSAH 9) and I57th Avenue (CSAH 20) (See Resolution R052-04) Item 7 Approve Project Engineer's Certificate of Approval/99-15/Water Treatment Plant Item 8 Declare Costs/Order Assessment Rol1/02-49/Woodland Estates 4th Addition (See Resolution R053-04) Item 9 Approve Vacation of Drainage Easement/City View Farm (See Resolution R054-04) Item 10 Approve Final Plat/Oakview Park (See Resolution R055-04) Item II Approve Final Plat/Oakview Park 2nd Addition (See Resolution R056-04) Item 12 Approve Conditional Use Permit/1n-Home Beauty Salon/2343 135th Avenue NW (See Resolution R057-04) Item 13 Approve Conditional Use Permit AmendmentlNature' s Run/New Townhome Design R058-04 Item 14 Adopt Resolution Changing Polling Place (precinct #7) (See Resolution R059-04) Item 15 Adopt Resolution Appointing HIPP A Privacy Official and Contact Person (See Resolution R060-04) Item 16 Approve On-Sale 3.2% Malt Liquor License Renewal/Woodland Creek Golf Course Item 17 Approve Lot Split/560-I77th Avenue NW (See Resolution R06l-04) Councilmember Jacobson stated there was a technical error on page three ofItem 17. He stated the City has not requested approval of this; the person applying has requested approval. Councilmember Trude stated there was another technical error on Item 17. She noted the applicant needed to pay the trail fee and in number two it on1y states "Payment of park dedication fee..." It should read "Payment of park dedication fee and trail fee based on the fee ordinance." Councilmember Trude asked ifItem 11 had the trail easement on lot 1. Mr. Berkowitz stated there is a significant amount of right-of-way in that area. They are recommending a square area near the roadway be part of the County right-of-way. The majority of the plat shows the right-of-way except that area. Mr. Neumeister asked the Mayor if they could amend the wording to read "Require a dedication of right-of-way from the center line of the County highway, State Aid Hwy 20, a distance of sixty feet." Councilmember Trude stated this would be item 8 in the resolution. Q/1\U\Ôltl Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda asreaà. Motion carried unanimously. (}x'<\U^UWl 't- db- ò4; Regular Andover City Council Meeting Minutes - April 6, 2004 Page 4 AWARD BID PACKAGE 1 & 2/REJECT BID CATEGORY2BICOMMUNITYCENTER City Administrator Erar explained on March 30, 2004, the City Council authorized the award of Bid Package 1 and 2, with the exception of Bid Category 2B rejecting the bids on landscaping and irrigation. This action was dependent on the YMCA Board agreeing to absorb approximately half the cost of the bid overages contained with Bid Package #3. The exact amount of the bid overages will be determined on April 20, 2004 after the Construction Manager has had an opportunity to renegotiate bid categories contained within bid package #3. Motion by Jacobson, Seconded by Trude, to adopt the attached resolutions forrnalizingthe Council's motion to award Bid Package 1 (Res. R062-04), award Bid Package 2 (authorizing the removal of Tower Drive-Crosstown Boulevard improvements and the removal of the north leg of Tower Drive as a change order, and rejecting Bid Alternate #1 Res. R063-04) and Rejecting Bid Category 2B (Res. R064-04). Bid Package #3 will be presented as items are renegotiated beginning on April 20, 2004 and throughout May 2004. Councilmember Orttel stated under budget impact, he wondered if the steel price was the original amount. Mr. Erar stated this relates to when bid package 1 went out, there were certain details the architect did not fInish because the designs had not been completed and so the CM reserved those amounts to be awarded at a later date. It was anticipated these could be bid at a later date. Councilmember Orttel asked if the steel is at today's steel prices. Mr. Erar stated that it is. Councilmember Orttel asked if making Tower Drive an MSA road is a certainty. Mr. Erar stated he talked with Mr. Berkowitz and it was his understanding that it is. They have already talked to the State and MSA office and have received confirmation on this, There would be a savings of roughly $130,000 conservatively. Councilmember Orttel asked if this amount would be shared equally between them and the YMCA or would it come off of the City's share. Mr. Erar stated it would come off the project and be funded through MSA. Councilmember Knight asked why this would not come off of the City's share because this is being deducted from the YMCA already. Mr. Erar stated the amounts are being taken completely out of the project budget and they have not made a decision as to what share of road improvements was the YMCA's and what share would be the City's. Based on the fact that the overages were so significant and the direction from the Council did not include negotiating any proportionate breakdown, the MSA funds would capture the entire cost of those improvements on behalf of the entire project. Councilmember Trude asked if they were going to continue to evaluate this aspect of the project. Mr. Berkowitz stated this was correct because there could be some design changes made to the parking lot with access changes. They can still do the intersection improvements and use the State Aid funds for those. Mayor Gamache stated Mr. Dickinson and he have had discussions regarding the site clearing and he thought Mr. Dickinson could discuss this. Mr. Dickinson stated the project was bid with a prevailing Regular Andover City Council Meeting Minutes - April 6, 2004 Page 5 wage requirement. He stated all the bidders will have to meet that minimum requirement. Councilmember Trude stated this was all predicated on the YMCA paying a higher rate annually because the costs went up and there were some things that were worked out with them over the phone and she wanted to make sure they all understood how this all ended up because the YMCA has some other issues to continue forward with the project at this higher rate and she wondered if there was something in writing from the YMCA. Mr. Erar stated the letter was copied to the Council on Monday. Councilmember Orttel explained what was discussed at the City Council workshop. Motion carried unanimously, ACKNOWLEDGE COMMUNITY CENTER ICE ARENA MANAGER POSITION, CONT. City Administrator Erar explained with the anticipated construction of the new Community Center Ice Arena scheduled for opening in mid October, 2004, the need to recruit and hire an Ice Arena Manager by no later than July 1, 2004 becomes critical to meeting a number of operational requirements. Ms. Peitso discussed the infonnation with the City Council. Councilmember Jacobson made a number of suggested changes that he already discussed with Ms. Pietso and he suggested they move this to the next work session because he thought they needed to discuss this further. Councilmember Trude had a few items that she wanted to discuss and she wanted to make sure there is enough money left for all of the positions. Motion by Jacobson, Seconded by Knight, to move this item to the April City Council Work Session, tentatively set for April 27, 2004. Councilmember Orttel stated they will eventually need to take care of this item and he did not like postponing this again. Councilmember Knight stated it was his understanding that the High School will not be utilizing the facility this year. Councilmember Orttel asked how this affects their profonna. Mr. Dickinson stated the local associations will want to take as much ice as they can get so he did not think that as being a problem. He encouraged the Council to make a decision on this soon. Councilmember Orttel asked if there was someone on City staff that could handle scheduling ice time for the time being. Mr. Dickinson stated they are trying to work through this but they are down one person already. Mr. Erar stated the Ice Arena Manager will be taking on more responsibilities Regular Andover City Council Meeting Minutes - April 6, 2004 Page 6 than just scheduling ice time. Councilmember Trude stated it was her understanding that if they hire for this position, there will not be any more money in the budget for additio~, Mr. Erar stated this was not accurate; the budget does have other positions identified wi . the proforma. ~ Lj...30-o'f SffiQQ - ~ Motion carried 4 ayes, I nay (Gamache). CONSIDER REZONING R-4 TO SC (SHOPPING CENTER)/CVS PHARMACY/B74S ROUND LAKE BOULEVARD Community Development Director Erar explained the City Council is asked to review the proposed rezoning of the southern portion of the above single-family residential lot. Mayor Gamache stated the Council received a letter from the owner of the property next to this property. Councilmember Jacobson asked what the current zoning of the surrounding property is. Mr. Neumeister stated this is currently zoned Shopping Center. Mr. Neumeister stated there is a letter from Mr. Dean and Mrs. Barbara Johnson asking the City Council not approve the rezoning of this property or the conditional use permit. Councilmember Knight asked what the status of the easement is and would they be rezoning if the easement was not there. Councilmember Jacobson called a point of order. Mr. Neumeister stated the rezoning should stand on its own. The merits of the change in conditions or that it was wrong in the fust place is what needs to be considered. Mayor Gamache stated they are rezoning nineteen feet of this property. He asked if they were only purchasing the nineteen feet. Mr. Neumeister stated they would be purchasing the entire parcel but on1y rezoning nineteen feet and then selling the rest of the property as residential. Councilmember Orttel asked if they could extend the service road to access the property. Mr. Berkowitz stated they never looked at the connection point and they could not run the road down the County right-of-way because it would be too close to the access point at the intersection. Mayor Gamache asked if the reason for this was to try to get two lanes of traffic behind the building. Mr. Neumeister stated there were a number of reasons. One was to make sure the front green strip along Bunker was to meet the minimum of twenty feet and then also behind the building where the drive thru delivery would be and the access behind the building for fire protection would be maintained at the minimum width of twenty-five feet and they also wanted to see an adequate buffer between the residential and the back of the business. Regular Andover City Council Meeting Minutes - April 6, 2004 Page 7 Mr. Dean Johnson, owner of the Precision Auto, explained the easement of the property. Councilmember Orttel asked if the issue of the easement has been resolved. Mr. Neumeister stated it has. Mr. Tom Loucks explained to the City Council what they proposed to do to resolve the easement situation with the loss of on1y one parking spot. Councilmember Jacobson asked what the center island is for. Mr. Loucks stated this is used for a directional guide for traffic. Discussion ensued in regard to the shared access, easements and parking. Councilmember Trude asked if there were going to be outside speakers related to the drive through. Mr. Loucks stated there will be but it would not be loud like a car dealership. Councilmember Trude stated she was concerned with the noise in the neighborhood with the speakers. Councilmember Knight asked if there would be any screening on the north side. Mr. Loucks stated there will be trees and a fence along the entire north property line. Councilmember Jacobson asked if the easement agreement would still be in effect. Mr. Loucks stated the cross easement was in effect. Mr. Loucks stated the other easement does not exist. Mr. Johnson stated on the issue of the easement, his understanding is they cannot build anything on the easement. Mr. Loucks stated they did not plan to build anything on the easement. Mr, Neumeister discussed the type of easement being discussed. Motion by Jacobson, Seconded by Orttel, to approve the proposed rezoning. Councilmember Trude asked if this was the place where they could extend the service road south. Mr. Loucks stated he did not know of any benefit this would have for CVS Pharmacy. Motion carried unanimously. (Ord. No. 288) CONSIDER CONDITIONAL USE PERMITIDRIVE-THROUGH/CVS PHARMACYI363I BUNKER LAKE BOULEVARD Community Development Director Neumeister stated the City Council is asked to review the proposed Conditional Use Permit for a drive-through window for CVS/Pharmacy at the location currently occupied by Super America. Mr. Neumeister stated the drive-through pharmacy will be located on the northwest corner of the building and will include two drive-up lanes with a covered canopy and one thro.ugh lane. The drive- ~ . Regular Andover City Council Meeting Minutes - April 6, 2004 Page 8 through will be operated from 7:00 a.m. to 11 :00 p.m. and will be screened from residential properties by landscaping and a solid wooden fence. Other details of the site plan will be addressed through the Commercial Site Plan review. Councilmember Trude thought there should be a condition added that the outdoor speaker should not ~beYOnd the property line. Mr. Neumeister stated this would be a reasonable condition. Mr. Loucks stated they would take a condition of zero decibels at the property line, 6.. ~ ~nclut '--1-.),0-0"1 Councilmember Jacobson questioned the hours of drive-through operations and wondered if CVS Pharmacy was open 24 hours a day. Mr. Loucks stated it was not. Councilmember Jacobson thought they should add a condition six stating open 7:00 am to II :00 p.m. Councilmember Orttel asked what the vertical position was between CVS drive through and the adjoining property. Mr. Dean Johnson stated it would be four feet. Mr. Loucks stated they would have a retaining wall separating them. Motion by Trude, Seconded by Jacobson, to approve the conditional use permit with the conditions included in the resolution with the additional amendments of noise provision and hours of operation. Motion carried unanimously. (Res. R065-04) CONSIDER PRELIMINARY PLAT/SOPHIE'S MANOR/I02I CROSSTOWN BOULEVARD NW, CONTINUED Community Development Director Neumeister explained the Council is asked to review a preliminary plat of 46 urban lots on approximately 34 acres. This item was discussed at the March 30th Work Session. The Council determined that an access to Crosstown Boulevard will be provided through the property located at 1155 Crosstown Boulevard. Mr. Neumeister stated there is a letter from Mr. Tom LaHode, 15498 Yellow Pine Street and they are concerned this has not been reviewed by the County. If approved, staff will submit this to the County for their review and approval. Mayor Gamache stated they have not heard from the County. Mr. Neumeister stated this was correct. Mr. Berkowitz stated they have had prelirninary discussions with the County but there have not been any promises. Mayor Gamache stated what they are proposing is Wintergreen would be the main access in and out of the development but it could still be on1y right-inlright-out. Mr. Berkowitz stated this is an option but if they do that, they lose in the future any further improvements paid by the developer for this intersection. Ms. Dorothy Lousy, representing Gordon Hines, 1155 Crosstown, stated Mr. Hines intentions are to work with the Council and the developer on this parcel. They are in negotiations and there are some issues that they are not agreeing on completely. Regular Andover City Council Meeting Minutes - April 6, 2004 Page 9 Mr. Mike Quigley stated he was in contact with Mr. Hines and urged him to proceed with an application to submit to the City and Mr. Hines stated he has had an offer from someone else on his property and he may entertain that offer or develop this property himself. He slated he has not heard from Mr. Hines yet. Mr. Neumeister showed the drawing of the property access to the Council. Councilmember Jacobson stated on the south side of Crosstown, there were soil considerations that would make it almost impossible to build on. Mr. Neumeister showed an aerial of the property and discussed the soil problems. Councilmember Jacobson stated there is a suggestion that the developer proportionately fmance the intersection. Mr. Quigley assumed they would not have much of an option. Councilmember Jacobson thought there were two options for this item, The fIrst is they have the option of saying there is no 'E t~rosstown and denying the preliminary or they suggest the developer give them another 0 w~e to clear things up with the Hines. Mr. Quigley stated he was not sure if it is a requirement of the plat that they have access to Crosstown and they have already extended this sixty days and their buying the property is quite tight already because of the extensions. He was not sure if anything was going to be accomplished within the two weeks with Mr. Hines, ~ Y--;;¡(}.-6-t Discussion ensued in regard to alignment of Wintergreen Street and access. Councilmember Trude thought they may want to look at the speed study for this area again. Mr. Darren~ 15513 Yellow Pine Street, stated this item should not be approved based on items that mayor may not be resolved. ~ "'h;l6-04 Councilmember Orttel stated he would be willing to meet with the County Commissioners regarding the access issues. Mr, Quigley stated he could possibly give the Council two weeks extension on this item. He stated he would give the Council until April 20, 2004 to decide. Motion by Jacobson, Seconded by Knight, to table this item until April 20, 2004. Mr. Tom LaHood, 15498 Yellow Pine Street stated he wanted to emphasis the contour design of the Avocet in1et through l55th. He described the road to the Council and stated that if that is going to be assigned as a collector street, they have some real problems. He hoped they would not consider that route a collector type street. Ms. Kelly Meester, Chesterton Commons stated Avocet is the on1y in1et into Chesterton Commons off of Crosstown, She stated that on her street 48 children, eighteen and under live on that street. She stated they have enough traffic on this street and this is a big enough deal that if Wintergreen is Regular Andover City Council Meeting Minutes - April 6, 2004 Page 10 not put in, she is willing to move her family. Mr. Todd Volton, 1267 I 53rd, asked if it wouJd help for the community to show up at the meeting with the County and if they will they be notified of the continuation of this item. Councilmember Trude stated they will not be notified of the meeting because it will be at the next Council meeting. She stated the residents should call the County Representatives regarding this. Mr. Mark Johnson stated his one concern is if a decision is made to put the road in, he requested the street be put in when construction is put in. Mr. Martin Harstad, 2195 Silver Lake Road, stated he is the property owoer to the south and he appreciates the work of staff and the Council and he will go on record as saying they will pay their full share of the intersection when it is their time to develop. Motion carried unanimously. CONSIDER REZONINGIR-I TO R-4IWOODLAND ESTATES 6TH ADDITION Community Development Director Neumeister stated the Council is asked to review the proposed rezoning to allow the Woodland Estates 6th Addition to move forward. Councilmember Jacobson stated he was against the swap when it was made. He stated at this time he would vote for this item because it needs to be done. Motion by Knight, Seconded by Trude, to approve the rezoning request based on the fact that times and conditions have changed. Motion carried unanimously. COrd. No. 289) CONSIDER PRELIMINARY PLATIWOODLAND ESTATES 6TH ADDITION Community Development Director Neumeister stated the Council is asked to review a preliminary plat for Woodland Estates 6th Addition. The proposed project is located west of Nightingale Estates 3'd Addition. Councilmember Jacobson asked what this will do to the developers work, because Veterans Memorial Boulevard will be an MSA street. Mr. Berkowitz stated they have worked the issues out and the same consultant that is doing the engineering for the developer is also going to be doing the design for the State Aid Route. Mr. Brian Johnson, Hakansen and Anderson, stated they have had some conversations regarding Veterans Memorial Parkway and under Woodlands contract, they will be installing the sewer, water, grading the street and State Aid will take care of the storm sewer and street improvements. Regular Andover City Council Meeting Minutes - April 6, 2004 Page 11 Councilmember Jacobson stated since Veterans Memorial Boulevard will be a major access street is this going to be wide enough to accommodate the traffic in the future. Mr. Berkowitz stated they looked at the projected ADT's for that area and the road width will be set to accommodate the ADT. Councilmember Jacobson asked if there would be a trai1 going north/south. Mr. Berkowitz stated per the transportation plan, they have a major trail corridor proposed to go on the north/south collector street as the area develops. A map was shown of the area where the trail will be located. Discussion ensued in regard to the trail along Veterans Memorial Boulevard. Mr. Johnson showed a layout of the propDsed development with landscaping along the roadway. Councilmember Trude asked who would be maintaining the ponds in the development. Mr. Berkowitz stated once the development is approved by the City, they take over the ownership and maintenance of the ponds, storm sewer system, trails and roadways. The Council discussed the upkeep and maintenance of the land surrounding the ponds. The City Council recessed at 9:45 p.m. The City Council reconvened at 9:55 p.m. Mr. Johnson stated in regard to the utility easement along Veterans Memorial Parkway, they would be amenable to having covenant restrictions allowing the City to maintain that property or if they would like an outlot for that area, they could provide an outlot. Mayor Gamache stated he did not have an issue with that because it sounds like they would have it looking like a wetland. Mr. Berkowitz stated this would be best addressed in the covenants, leaving that as a drainage and utility easement but put those restrictions on it. Councilmember Trude stated this will be a view and could enhance the neighborhood. Mr. Berkowitz stated they could with the proper language cover all of the issues discussed. Councilmember Knight reminded residents that truck traffic during development was already agreed upon at previous meetings. Councilmember Jacobson stated he did not see any access points for the City to get into the ponds on the north side if needed. He wondered if they are missing access points to get in there. Mr. Johnson stated they will not be missing any access points and they are on the grading plan. Mr. Berkowitz believed this was covered but would be confirmed. Motion by Trude, Seconded by Knight, to approve the Preliminary Plat for Woodland Estates 6111 Addition subject to the conditions of the attached resolution and with the comments heard. Motion Regular Andover City Council Meeting Minutes - April 6, 2004 Page 12 carried unanimously, (Res. R066-04) ACCEPT FEASIBILITY REPORT/ORDER PLANS & SPECSl04-13IVMB THROUGH PROPOSED WOODLAND ESTATES 6lli ADDITION City Engineer Berkowitz explained a feasibility report has been prepared identifYing the improvements and estimated improvement costs associated with Veterans Memorial Boulevard NW through the proposed Woodland Estates 6th Addition development. Motion by Jacobson, Seconded by Trude, to approve the resolution accepting the feasibility study, waiving public hearing and directing preparation of plans and specifications for Veterans Memorial Boulevard NW through the proposed Woodland Estates 6th Addition development. Motion carried unanimously. (Res, R067-04) CONSIDER SKETCH PLAN/COUNTRY OAKS WEST/llOII6IsT A VENUE NW Co=unity Development Director Neumeister stated the Council is asked to review a revised residential sketch plan for a single family and townhouse development formerly called "White Tail Ridge". The revised plan attempts to address the issues raised by the City during the fIrst round of sketch plan review. Councilmember Trude asked if this would line up with the street that will come out at Sophie's Manor. Mr. Berkowitz stated when this was brought up, they requested it be directly across from Vale and the County said they did not like the idea because it was too close to the railroad. Now the County is asking the road be moved closer to the tracks, Discussion ensued in regard to access to the development and where the County wanted the road placed. Councilmember Jacobson stated he would like to have time to look at the sketch plan before discussion and he has not had time to look at the new plans. The one thing he noticed that changed was the request for town homes which would mean a PUD which would give the Council more control. Councilmember Trude stated she was concerned¡ecause theYJ1ft!ha lot of1~at are platted and now that they have seen their sewer .pla¡i'1We: are going to aàil gg.t~,. rp",p~, She is \ ' concerned with the additional one hundred homes added to the sewe~tiliì:. ~ ~~ed' ~ if this development will be dependent on communal septic systems because they have never talked about or had communal septic systems in the community. Mr. Neumeister stated one of the concepts staff talked to the developers about is if they do not hold those lots for some kind of communal system, they could do some large lot development there. (}.!í\'\.Wul 4- 2.l). ötf Regular Andover City Council Meeting Minutes - April 6, 2004 Page 13 Councilmember Knight stated he did not like sneaking into communal septic systems. Mr. Neumeister stated they cautioned them that this is very speculative whether or not that could be done but that is why they are showing it that way. In the short term on1y one hundred units would be allowed until communal septic could be discussed further with the City. Discussion ensued in regard to the allocated units for the sewer connection. Councilmember Knight asked why the developer placed the twin homes along the railroad tracks. The developer stated because homes along the tracks will be a harder sell and because this is a twin home, they will have an association and more control over the look and will be able to maintain them better. Councilmember Knight asked how far from the tracks the homes would be. The developer stated they will be one hundred feet. Councilmember Orttel asked if two thousand square feet was the size of the buildings. The developer stated that was the size of the building pad. Councilmember Trude thought the homes were really concentrated along the tracks. Councilmember Orttel thought the twin homes were a good buffer and he did not have a problem with them being along the tracks. Mr. Neumeister stated in discussion, staff thought there should be some buffer from the homes to the pipelines. They thought the lots would need to be deepened to provide a buffer. Mr. Winslow Holasek stated when they put the pipeline in, he complained because they were installing a thinner gauge pipe and they said it was because the area is rural. He told them that it would be urban soon so they did install a heavier gauge pipe. 1-\ e ¡:) -te.U1LlnS OJ::-ou:t ~ \2K0fL\-X'~ . OJ~ +-2.0-0+ Mr. Neumeister thought they should ask for more depth because it was so close to the railroad. The developer did not think there was any way they could give it more depth. Councilmember Jacobson did not see any trails in the plans and he thought the developer should look into clustering the units and having two story townhomes with more green space. The developer stated that was what their fIrst plan was for this. He stated improvements on the new ones were because of staff recommendations. Councilmember Trude thought the idea of putting the road along the tracks was the best idea. Discussion continued in regard to placement of the road in the development and buffering along the railroad tracks. Mr. David Luma, 16572 Sycamore Street, stated when they purchased their home, they were attracted to the spaciousness of the lots and it has gotten to be such a build up. He enjoys the wildlife and does not want to see that gone and if the growth continues, there will not be anything left. Regular Andover City Council Meeting Minutes - April 6, 2004 Page 14 Ms. Jane Bankin, 16526 Sycamore Street, stated she is in favor of the plan they are seeing now. She stated the developer has done a lot to preserve where they are at. She wanted to put her plea in and ask them to look at Andover from the urban area to the rural area. She would like some buffer between the large parcels and the small parcels. Mr. Tom Bankin stated when they purchased their home fifteen years ago they were under the impression that the surrounding area would also be maintained as 2 Y, acre plats. He would like to see the area and the wildlife maintained. Mayor Gamache stated he liked the idea that the land to the north will be considered as a development with larger lots. LOCATION UPDATE/OI-5/SKATE PARK EQUIPMENT City Engineer Berkowitz updated the City Council on the new location for the skate park equipment. He explained Dan Masloski and Dave Blackstad, members of the Skate Park Task Force, have contacted churches and the school district to see if they would be interested in allowing the equipment to be moved to their site for use by the public. Constance Free Church, at the intersection of 16151 Avenue NW and Crosstown Boulevard NW, has expressed interest. The Finance Department is currently researching insurance and liability issues associated with the equipment being placed at the church. Mr. Dickinson suggested the Council put in place a lease which outlines where the equipment will be put and then they can deal with some of the issues of where the equipment will be placed. The City's insurance policy, they would cover the skate board site like before. Mayor Gamache asked if they would need to monitor this site. Mr. Dickinson stated they would not need to monitor the site with the type of equipment they have. Councilmember Knight appreciated Constance Free Church offering their site but he was concerned with how far out from the kids it will be. Mayor Gamache noted there was a Boy Scout in the audience and he asked him to come up and introduce himself and explain what he was working on. Joseph Regan stated he was there earning his Citizen and Community Merit Badge. CONSIDER NEW TRAIL CONSTRUCTION PROÆCTS FOR 2004, CONTINUED City Engineer Berkowitz explained this item is in regard to considering constructing new Regular Andover City Council Meeting Minutes - April 6, 2004 Page 15 bikeway/walkway corridors during the year 2004. This item was tabled from the last City Council meeting. Councilmember Jacobson thought Option B makes a little more sense but they will have to get additional easements/right-of-ways. Mr. Berkowitz stated with Option B they can work within the right-of-way. Councilmember Trude stated she wanted the trail along Hanson but after talking with staff, she thought the Crosstown trail would be used a lot by children going to and from the schools and would be utilized more. Motion by Trude, Seconded by Jacobson, to go with Option B for this year and begin working on Option E in the fall and winter months for next year. Councilmember Jacobson stated his concern is that if they say they are going to do Option B and then they meet with the residents and there are objections, the residents will feel that objecting would do no good because it is already a done deal. He would rather meet with the residents and then make a motion. Mr. Berkowitz stated they need to come back to the Council to order plans and specs and will bring the results back at that time. Motion carried 4 ayes, 1 present (Orttel) APPROVE EXTENSION OF CONTRACT/04-II2004 SEWER STUDY, CONTINUED City Engineer Berkowitz stated the City Council is requested to approve the contract extension with TKDA for Project 04-1,2004 Sewer Study. Mayor Gamache asked if he has had enough time to review the new information. Mr. Berkowitz stated he has reviewed the contract made changes and then the information was forwarded for approval. Councilmember Trude stated she asked if they could look at the company that did the Rural Reserve sewer study and that was an option staffhad before deciding. This one was more appropriate because they are going to look at the system overall where they hook up to Coon Rapids. Mr. Berkowitz stated this was correct. WSB had a proposal of $34,000 to do just the original study and TKDA's proposal was $9,100. He stated this is a substantially lower cost and they feel very comfortable with the individuals that are working on this report. Councilmember Trude stated they do not want to have a situation where they are not looking at the big picture because she did not think they did this in the last study and that is why they are spending the extra money. She wondered if they had paid more, would they have gotten a better study. Mr. Berkowitz stated they have brought things to staffs attention along with Mr. Holasek for Regular Andover City Council Meeting Minutes - April 6, 2004 Page 16 evaluation. Councilmember Jacobson stated two things concern him under the fIrst alternate, "Reduction of the flow by redefining the 2020 MUSA boundary or decreasing the net development density". He thought the whole study for $24,000 is getting to be a little expensive. He stated TKDA is a good company but an additional $12,000 for the two new things is a lot especially when they should already have the majority of the information in their database. Councilmember Knight agreed. He wondered how much they were spending on consultants yearly. Councilmember Jacobson stated the City had to alert them to items missed. Mr. Erar stated the area that is now being proposed is a different area. It is on the west side of Hanson Boulevard where the previous study was on the East side of Hanson. This is a direct response to Council direction that they obtain additional quotes due to a resident suggestion that there be a better solution to providing sewer services. This is not an extension of an area; it is an entirely new study. Councilmember Trude asked if the hourly rate is higher than before. Mr. Berkowitz stated each year TKDA sends them their hourly rates and this information is based on an estimate of how much time they will be spending on this study. Councilmember Trude stated she was not impressed with the last study. Councilmember Orttel stated the next closest bid is $34,000 and this bid is $12,000. He thought they should continue with TKDA because they already have all the information about the sewer system. Mr. Neumeister stated TKDA provided all the information requested with the fIrst study. He stated this additional study will encompass more area. Mr. Berkowitz stated with the last study they were on1y focused on the east side of Hanson Boulevard. Mr. Holasek stated his concerns regarding the report from TKDA. Councilmember Trude asked when TKDA does the study, will the City receive the data file so in the future City staffwill be able to do some of this work internally. Mr. Berkowitz stated they do receive the information. Motion by Orttel, Seconded by Trude, to approve the contract extension with TKDA for the 2004 Sewer Study, Project 04-1. Motion carried unanimously. - Regular Andover City Council Meeting Minutes - April 6, 2004 Page 17 CONSIDER TAXABATEMENT APPLICATION City Administrator Erar stated preparation of the Anoka County Tax Abatement application is well underway. At this point in the process, several issues have emerged which require City Council direction. Mr. Erar discussed the issues with the City Council. Councilmember Jacobson asked if this is going to be an MSA street, is it any use going through the tax abatement process at all. Councilmember Orttel stated this did not have to do with those improvements; it had to do with signalization on that side. Mr. Erar stated that even if they were able to use MSA dollars, they still have to get the County to approve the proposed improvements because un1ess the County is willing to approve the improvement, they cannot utilize the funds. Councilmember Trude stated the MSA funds can supplement the funding. Mr. Erar stated that was true but on1y if the County is willing to approve this. He stated they have key issues they need to nail down. Councilmember Trude recapped previous meetings and infonnation regarding this. Councilmember Orttel thought they should go ahead and do this. Mr. Erar stated that if they do go forward with meeting with the County Commissioners, they are going to want to know where the funds will be coming from so he thought the City should nail down where the money will be coming from before meeting with them. Mr, Holasek read a letter from him and his wife regarding their support of this item. Mr, Darren Lazan stated he is a resident of Andover and Development Manager for Clock Tower Commons. Mr. Lazan corrected the staff regarding the configuration at Bluebird and Crosstown. He also wanted to compliment staff and RLK on their work on the traffic study. He thought this was well done. He was concerned about the valuations that helped Mr. Erar evaluate his position on the debt service that may be available. He stated the amounts seemed to be fairly low compared to what they are seeing as development costs. Mr. Dickinson stated the values are used on existing buildings within the City of Andover. These values are estimated to be conservative because they do not want to over-estimate the abatement. Mr. Lazan thought there could be additional revenue streams available. Mr. Dickinson stated if Mr. Lazan had better infonnation for values, they could discuss using them. Mr. Lazan requested to work with staff on getting better infonnation. Mr. Lazan stated the School District has indicated they are unwilling to participate. They are in a unique position of being a user at this intersection and also a government entity looking at contributing their abatement dollars. He stated the School District has two large facilities at this intersection all served from unimproved urban rural section roadways and he is concerned that - Regular Andover City Council Meeting Minutes - April 6, 2004 Page 18 the City has stepped forward and stated they are urbanizing and they have a major facility and need to contribute to the improvements on the roadway. Commercial development is willing to contribute also but the School District is not. He wondered if discussions could continue on that front or where the discussion has been regarding this. Mr. Erar stated that letter was generated after discussions Tom Durand had with Roger Giroux and it was also discussed with the School Board. What is seen is actually feedback received from School Board members. If the City wanted to pursue that, a letter would need to go to the School Board itself. Mr. Lazan stated he is in support of this project and will draft a letter to Mr. Erar. Councilmember Orttel stated the YMCA is interested in the improvements to the intersection but they are not interested in contributing money for improvements. Mr. Erar stated they are supportive but what Councilmember Orttel stated is correct. Councilmember Trude thought the information was informative and will help them with their presentation to the County. Mr. Erar noted they needed to get more letters and support to move forward with this. REQUEST FROM STATE REPRESENTATIVE CHRIS DELAFOREST City Administrator Erar stated State Representative Chris DeLaForest is requesting Council discuss the HF2739 Bill relating to the Anoka County Regional Railroad Authority authorizing the Anoka County Regional Railroad Authority to exercise economic development authority powers. The Communication has been noted by the City Council. DISCUSS NEW STANDARD STREET SECTION, CONTINUED Council postponed this item until the April 20, 2004 City Council meeting because of the lateness of the hour. SCHEDULE APRIL CITY COUNCIL WORKSHOP Motion by Orttel, Seconded by Trude, to schedule the regular City Council Workshop for Tuesday, April 27, 2004 at 7:00 P.M. Motion carried Unanimously. SCHEDULE COUNCIL GOAL-SETTING WORKSHOP Council postponed scheduling this workshop until the April 20, 2004 City Council meeting. Regular Andover City Council Meeting Minutes - April 6, 2004 Page 19 MAYOR/COUNCIL INPUT (Resolution for Public Hearing) - Mr. Dickinson recapped the result of action from the EDA meeting regarding the Resolution calling for a public hearing by the City Council on a proposed adoption of a modification to the development program for Development District 1 and the proposed establishment of a Tax Increment Financing District Number 1-4 and the Adoption of a Tax Increment Financing Plan. They were looking for the City Council to approve the Resolution and schedule a public hearing for June 1,2004. Motion by Knight, Seconded by Orttel, to adopt the Resolution and schedule a public hearing for June 1,2004. Motion carried on 4 ayes, 1 nay (Jacobson). (Res. R068-04) (April 24, 2004 Andover Spring Recycling Day) - Mayor Gamache recapped the recycling day and what residents could recycle. (Arbor Day Commission Award) - Mr. Berkowitz stated the city is going to be honored by the National Arbor Day Foundation as a Tree City USA on Thursday, April 15, 2004 at 12:00 p.m. They have asked if an elected official would like to be present. Councilmember Trude stated she would like to do that. Mayor Gamache stated April 15 is also the Taste of the Community Celebration at Greenhaven. (Administrator's Review) - Councilmember Jacobson stated when Mr. Erar sent out his material for the Administrator's review, he suggested the 20th of this month but they have not officially set the date and he thought they should officially set the date. Motion by Orttel, Seconded by Jacobson, to set the date for April 20, 2004 at the end of the City Council meeting. Motion carried unanimously. (Fundraising) - Councilmember Jacobson stated he is getting rumbling from people involved in the fundraising that the company they have hired to do the work is not getting the work done on a timely basis. He thought staff or the Mayor needed to talk to the fundraising group. Mr. Lazan stated he has been told no one has asked for Mr. Wayne's or the YMCA's help and participation on this campaign and he thought maybe the Mayor should formally ask for their participation. Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 12:08 a.m. Respectfully submitted, Susan Osbeck, Recording Secretary