HomeMy WebLinkAboutCC September 19, 2006
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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, September 19, 2006
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (8/29/06 Workshop; 9/5/06 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Plans & Specs/Order Quotes/06-40/Round Lake Boulevard NW & Bunker Lake Boulevard
NW/Traffic Signal Improvements - Engineering
4. Waive Public Hearing/Adopt Assessment RolV05-39/Andover Station North Block 3 Improvements-
Engineering
5. Waive Public Hearing/Adopt Assessment Ro11/05-58/3532 - 135th Avenue NW/WM - Engineering
6. Accept DNR MNReLeaf Grant/06-43/0ak Wilt Suppression Program - Engineering
7. Approve Receptionist Appointment - Administration
Discussion Items
8. Receive Anoka County Sheriffs Department Monthly Report - Sheriff
9. Hold Public Hearing/Roadway Reconstruction Assessment Policy - Engineering
10. Consider Zoning Ordinance AmendmentlEstablishing Closed Landfill Restricted Zone - Planning
11. Consider Comprehensive Plan Amendment/Change Landfill's Designation to Open Space - Planning
12. Consider Rezoning/Change Landfill Site Zoning to Closed Landfill Restricted - Planning
13. Consider Ordinance Amendment/City Code Section 9-1-6 Construction Near WDE - Planning
14. Consider Rezoning/R-1 to R-4/Property Located East of Prairie Road on Andover Blvd. - Planning
15. Consider Preliminary Plat/Hickory Meadows/Located East of Prairie Road on Andover Blvd. - Planning
Staff Items
16. Reschedule November ih City Council Meeting - Clerk
17. Schedule EDA Meeting - Administration
18. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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Regular Andover City Council Meeting
Minutes - September I 9, 2006
Page 14
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 19, 2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 3
APPROVAL OF MINUTES...................................................................................................... 3
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 3
Resolution Rl12-06 approving Plans & Specs/Order Quotes/06-40/Round Lake
Boulevard NW & Bunker Lake Boulevard NW/Traffic Signal Improvements.............. 3
Resolution Rl13-06 waiving Public Hearing/Adopt Assessment Roll/05-39/ Andover
Station North Block 3 Improvements ............................................................................. 3
Resolution Rl14-06 waiving Public Hearing/Adopt Assessment Roll/05-58/3532-1351h
Avenue NW /WM ............................................................................................................ 4
Accept DNR MNReLeaf Grant/06-43/0ak Wilt Suppression Program ..............................4
Approve Receptionist Appointment .................................................................................... 4
. Consider Zoning Ordinance Amendment/Establishing Closed Landfill Restricted Zone
(ORD.3 3 3) .... ............. ......... ........... ........ .......................................................................... 4
Resolution Rl15-06 considering Comprehensive Plan Amendment/Change Landfill's
Designation to Open Space ............................................................................................. 4
Consider Rezoning/Change Landfill Site Zoning to Closed Landfill Restricted (ORD. 334)
.........................................................................................................................................4
Consider Ordinance Amendment/City Code Section 9-1-6 Construction near WDE (ORD.
335) .................................................................................................................................. 4
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received.............................. ................................................................................,................. 4
HOLD PUBLIC HEARING/ROADW A Y RECONSTRUCTION ASSESSMENT POLICY
Motion to open public hearing.............................................................................................. 4
Motion to close public hearing ............................................................................................. 5
Motion to approve .......... ..............,............................ ............................................................ 5
CONSIDER PRELIMINARY PLATIHICKORY MEADOWS/LOCATED EAST OF
PRAIRIE ROAD ON ANDOVER BOULEVARD
Motion to table .................. ........... ........ .................. .................................. ... ..... ....... ......... ..... 5
CONSIDER REZONING/R-l TO R-4/PROPERTY LOCATED EAST OF PRAIRIE
ROAD ON ANDOVER BOULEVARD
Motion to table ... ................................................... ....................... ......... ..... ................ ........... 12
RESCHEDULE NOVEMBER 7TH CITY COUNCIL MEETING ............................................ 12
SCHEDULE EDA MEETING ...................... .......... ............ ......... ............. ...... ......... .................. 12
ADMINISTRATOR REPORT .................................... ....... ............................ ........... ................ 13
MAYOR/COUNCIL INPUT
County Meeting regarding Hanson Boulevard...................................................................... 13
ADJOURNMENT...................................................................................................................... 13
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REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 19, 2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, September 19,2006,7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Don Jacobson, Ken Orttel, Julie Trude
Mike Knight
City Attorney, William Hawkins
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
City Engineer, Dave Berkowitz
Others
Mr. Larry Emmerich - Owner of White Pine Wilderness. Mr. Emmerich indicated he wants to
review whether they could look at Block 3, Lot 17 of Phase 1. They have a lot that was deemed
unbuildable on the preliminary plat. He stated they will be going to final plat in October and prior to
that they have had a change of heart given a number of factors. He wants to review whether they
could make it a buildable lot.
Councilmember Trude asked if this is the lot on the west side of the development. Mr. Emmerich
stated as it sits right now it would have electric and utilities, limited road access but other than that
everything else is up to code, except the access issue. It would have eighteen feet at the beginning of
the access and narrows down to about twelve but is within the safety limits of the emergency
vehicles and is within thirty-five to forty feet of the cul-de-sac.
Councilmember Trude thought this had been approved. Councilmember Orttel thought so too. Mr.
Berkowitz stated the direction they took from this was that it was an improved lot but no building
permit would be allowed until there was proper front footage or roadway built. It is a platted lot and
what the builder is requesting is that he be allowed a building permit on that lot.
Councilmember Trude thought they talked through this and that Mr. Emmerich thought it would be a
phased development so it would not be an issue but now he would like to include that lot as part of
Phase One. Mr. Emmerich stated that this is correct. He stated the two driving forces are that there
have been a number of increased costs with County and City services and he also has a buyer for the
o Regular Andover City Council Meeting
Minutes - September I9, 2006
Page 2
lot.
Councilmember Trude asked if they authorized construction on that lot with the driveway access,
how would they make sure the City gets the road built. Mr. Emmerich stated this does not change
anything with the future extension of the road. When the road does extend, the temporary cul-de-sac
would be removed and they would take away the bulb and would not change anything.
Councilmember Trude stated she would look at that as an acceptable situation on the final plat.
Councilmember Jacobson indicated it would be a variance and a variance would need to be based
upon a hardship and the hardship could not be monetary. He did not see that there is any
demonstrated hardship. He indicated this was previously discussed and that they already agreed on
what to do. He did not know why they would change it just because they have a buyer for the lot.
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Councilmember Trude stated ifhe did have a full street there, he would have dead ended a cul-de-sac
but they are making him wait for the next property owner to the west of him to develop in order to
run a street for that developer's convenience, not to serve his convenience. Councilmember
Jacobson understood the property to the west is not under Mr. Emmerich's ownership; it is under
someone else's and that someone would have to pay to extend the road in front of the lots they are
discussing and the owner to the west is not going to do that.
Mr. Berkowitz indicated there is an impact. Obviously, ifhe develops that lot, when the roadway is
reconstructed and the driveway relocation done there would have to be some additional grading done
in that front yard. The concern staffhas is that there is not the proper front footage on a roadway to
meet the ordinance. If it is something the Council is thinking about considering, he would request
Mr. Emmerich put together formal information and they have this as a discussion item possibly at the
next Council meeting.
Mayor Gamache asked if the issue is because the road will curve because if they have a cul-de-sac
going in there and the cul-de-sac is going to be built all the way out to the next development. Mr.
Berkowitz stated they will actually keep the cul-de-sac short so it will not impact the adjacent
property because there is no right of entry or agreement to do that. They have to keep the temporary
cul-de-sac and the utilities short of the property line to make that work.
Mr. Berkowitz noted staff asked Mr. Emmerich to work with the adjacent property owner to see if
they could extend the bubble into that property but he was unsuccessful.
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Councilmember Jacobson stated the variance and hardship cannot be something the developer has
created. Councilmember Trude stated this is created by their conditions that the developer provides
the adjacent property owner with access. If they just said the developer had to build to access their
lots on the land he is developing, that lot would be in a finished street.
Councilmember Orttel stated he would like to see this as a discussion item at another meeting.
o Regular Andover City Council Meeting
Minutes - September I9, 2006
Page 3
AGENDA APPROVAL
Remove from Discussion Items for. Consent Items 10, (Consider Zoning Ordinance
Amendment/Establishing Closed Landfill Restricted Zone); Item 11 (Consider Comprehensive Plan
Amendment/Change Landfill's Designation to Open Space), Item 12 (Consider Rezoning/Change
Landfill Site Zoning to Closed Landfill Restricted) and Item 13, (Consider Ordinance
Amendment/City Code Section 9-1-6 Construction Near WDE).
Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
August 29,2006, Workshop Meeting: Correct as amended.
September 5, 2006, Regular Meeting: Correct as amended.
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Councilmember Trude stated on the workshop minutes she wanted to change one word. They were
discussing the Community Ed program and the minutes read "moving $43,000 te from the
Community Ed Program".
Councilmember Trude stated in the regular minutes there is a problem with the motion on the used
car lot and she indicated she checked this with staff. The actual motion on page 14 Councilmember
Orttel made and she seconded, it was typed the motion was as presented but in reality they amended
the motion because they deleted all of the whereas items.
Councilmember Jacobson stated on page 18 of the Regular Minutes under the motion at the top of
the second line, the line begins with "or' and should be "of' instead.
Councilmember Trude stated on page 17, they talked about Wendy Albie in paragraph two and she
commented "she had worked with Community Center staff'.
Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
CONSENT ITEMS
Item 5
Approval of Claims
Approve Plans & Specs/Order Quotes/06-40/Round Lake Boulevard NW & Bunker
Lake Boulevard NW/Traffic Signal Improvements (See Resolution Rll2-06)
Waive Public Hearing/Adopt Assessment Ro1U05- 39/ Andover Station North Block 3
Improvements (RES. Rl13-06)
Waive Public Hearing/Adopt Assessment Roll/05-58/3532 - 1351h Avenue NW /WM
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Item 2
Item 3
Item 4
o Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 4
Item 13
(RES. R114-06)
Accept DNR MNReLeaf Grant/06-43/0ak Wilt Suppression Program
Approve Receptionist Appointment
Consider Zoning Ordinance Amendment/Establishing Closed Landfill Restricted
Zone (ORD. No. 333)
Consider Comprehensive Plan Amendment/Change Landfill's Designation to Open
Space (RES. Rl15-06)
Consider Rezoning/Change Landfill Site Zoning to Closed Landfill Restricted
(ORD. 334)
Consider Ordinance Amendment/City Code Section 9-1-6 Construction near WDE
(ORD. 335)
Item 6
Item 7
Item 10
Item 11
Item 12
Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
unanimously.
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
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Sergeant Kryer, Anoka County Sheriffs Department, provided an update on law enforcement
activities occurring within Andover.
Councilmember Jacobson stated he is not aware the Sheriff s Office does vehicle lock outs anymore
and asked if there is a charge for it. Sergeant Kryer stated this is a free of charge service that a
Community Service Officer will perform.
HOLD PUBLIC HEARINGIROADWAY RECONSTRUCTION ASSESSMENT POLICY
City Engineer Berkowitz explained the City Council is requested to hold a public hearing at 7:00
p.m. for the proposed Roadway Reconstruction Assessment Policy.
Mr. Berkowitz discussed the staff report with the City Council.
Motion by Jacobson, Seconded by Trude, to open the public hearing at 7:30 p.m. Motion carried
unanimously.
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Mr. Robert Whitney, 2520 l661h Avenue NW, stated the change from five years to eight years will be
greatly appreciated. He understood the City does annual surveys of residents' opinions on a regular
basis aild he wondered if it would be possible to include in a future survey a question on should the
funding for this be through assessment or funded through an increase in a tax rate. That way people
do not have large bills come due somewhat unexpectedly.
Mr. Curt Fenske, 2777 l671h Lane, asked for more of an explanation on the curb and gutter policy.
Mr. Berkowitz reviewed the curb and gutter policy for the residents.
o Regular Andover City Council Meeting
Minutes - September I9, 2006
Page 5
Mr. Fenske asked if it would be aesthetically better to have the same neighborhood to have all curb
and gutter. Mr. Berkowitz stated if they were to put concrete curb and gutter in to canalize the water
in all the older developments that have ditches, they would have to provide storm water ponding
which takes up area to make that feasible. It would be hard to go into an area and take someone's
house or someone' s large property and try to develop a pond to handle the storm water so the way
things were designed with ditches, there is the storm water treatment for that storm water.
Mr. Fenske stated the twenty-five percent is a good thing because initially they were told they had to
pay for everything. He would not mind having a nice new paved road and cement curbs but where
his lot stops and the rest takes over is a dirt road. This new road does not do him any good because
when the cars go by the dust still flies up to them. He would entertain some thoughts on the dirt road
because that cost money to maintain as well. He wondered if there are plans to do anything. Mayor
Gamache stated they have looked at a couple of them over the years and usually it takes a
neighborhood wanting the road to be paved in order for the City to do it.
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Motion by Jacobson, Seconded by Trude, to close the public hearing at 7:40 p.m. Motion carried
llmmimously.
Councilmember Jacobson asked City Attorney Hawkins in the draft policy on the bottom of page
two, under the assessment period, if the word "shall" should be replaced with "may". City Attorney
Hawkins stated if the policy is to be assessed for eight years, they should take out the words "up to".
He agreed that "may" should replace "shall".
Councilmember Jacobson stated at the top under "general" at the beginning of the second draft, if
fronting along the new roadway is proper. City Attorney Hawkins did not know because it is
difficult to assess benefit to the properties that are abutting the road.
Councilmember Trude wanted to compliment staff on their very thorough review of this policy and
working with the Council and the residents.
Motion by Orttel, Seconded by Jacobson, to approve the policy as amended. Motion carried
unanimously.
CONSIDER PRELIMINARY PLATIHICKORY MEADOWS/LOCATED EAST OF PRAIRIE
ROAD ON ANDOVER BOULEVARD
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City Engineer Berkowitz explained the Council is asked to review a Preliminary Plat for Hickory
Meadows. The Council previously reviewed a sketch plan for the entire area south of Andover
Boulevard and east of Prairie Road. The proposed plat contains 45 lots at the center of that
sketch plan.
Mr. Berkowitz reviewed the information with the Council.
o Regular Andover City Council Meeting
Minutes - September I9, 2006
Page 6
Councilmember Jacobson stated he looked at this item and found nine issues they will want to
discuss. Trail location, sewer, route of sewer, the backwards house, parkland location, the possibility
of gaining open space along the creek, retaining wall issue, Butternut road closure, Cottonwood road
issue and the tree issue.
Mr. Brad Wilkening, Hakanson Anderson and Mr. Bruce Carlson were at the meeting to discuss
the preliminary plat with the Council.
Mr. Wilkening stated they realize there is questionable construction as to the sewer on Andover
Boulevard and they have come up with an alternative. Rather than run gravity sewer down
Andover Boulevard, it may be a better procedure to install a temporary lift station as if the
gravity sewer were going through the location they want it to eventually go through. He
reviewed the procedure and path of the sewer. He stated this will minimize the impact to
Andover Boulevard and in the future when the gravity sewer is installed, the lift station could be
removed.
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Councilmember Trude asked if there was a certain lifetime for a temporary lift station. Mr.
Wilkening stated in talking to Mr. Berkowitz that it would be constructed as if it were a normal
lift station. Councilmember Trude stated at this point they have to plan that this parcel will never
develop. Mr. Berkowitz stated staff would want this treated as if it were a permanent lift station.
Councilmember Jacobson thought this idea was a better solution to the problem. He asked Mr.
Berkowitz if Butternut and l441h needed to be deep because all of the flow would be coming
from the north to the south. Mr. Berkowitz did not think it would need to be that deep.
Councilmember Trude asked at what point do they maximize the capacity for the sewer line that
is going to come up from Shadowbrook under the creek. Mr. Berkowitz stated the way it was
designed in the last sewer study is that it goes north to Andover Boulevard, west crossing Prairie
Road and then goes north and picks up one parcel north of Andover Boulevard, west of Prairie.
Councilmember Jacobson asked if the developer is proposing to install the sewer system at their
expense or are they asking the City to do a 429 and do it at City expense. Mr. Carlson indicated
they will be doing it at their own expense.
Councilmember Trude stated there is a newer resolution and there is a condition related to the
sewer and sewer study. She asked if the conditions cover the sewer issue adequately. Mr.
Berkowitz stated they do.
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Councilmember Jacobson stated the trail is proposed to go along l441h on the north side of the
street and there was talk at the Planning Commission meeting about the trail going along Coon
Creek. He felt along the creek would be the best. He thought because this is a flood zone,
maybe they could look at some open space along there. Mr. Carlson thought because there is
some land that is high along the creek; they might want to consider using that space for parkland.
o Regular Andover City Council Meeting
Minutes - September I9, 2006
Page 7
He thought this was also a better area to have a trail and park which would be more conducive to
what Andover is trying to do. He suggested giving the City the three acres along the creek and
put the park there also. Councilmember Trude thought the park could be a more passive park.
Mr. Berkowitz noted any land that is under a hundred year flood elevation, the developer does
not receive any credit for and they would have to evaluate as they go through.
The Council discussed with the developer the different options for a trail and park.
Councilmember Trude thought there were trees on the hill by the creek and would keep the view.
She thought the trees could be saved and she wondered if the developer is going to excavate that
area. Mr. Carlson stated they were not and they were going to try to save as many trees as
possible.
Councilmember Jacobson stated he would be in favor of the south park and the traiL Mr.
Berkowitz asked if the Council would authorize staff to do further investigation on whether this
is a feasible option. The Council thought that was a good idea.
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Councilmember Trude wondered if a sidewalk made sense on the main east/west street in and out
of the development because the area is getting busy and people need a way to get in and out of
the development. She thought a sidewalk would be more attractive than a bituminous path.
Mayor Gamache thought a sidewalk on the north side of l441h would be a good idea.
Mr. Dickinson stated one of the questions the developer had was if the Council was looking at
having the developer construct the sidewalk at his expense and if so, would they be open to
concessions on the trails ifhe builds sidewalks. Councilmember Orttel stated the way the policy
works is the trail along the creek is a regional trail and is always paid for by the City. The other
is internal to the plat and would be paid for by the developer. Mr. Carlson indicated he would be
willing to work with the City on the park because they will be down there working.
The Council discussed the trail and sidewalk construction with the developer. The Council
thought the priority was to get the trail along the creek and work with the developer on the park
while he was down there.
Mr. Carlson thought they would be able to transplant some of the trees from the area where
homes will be to the area by the creek where the park will be located. Councilmember Trude
thought they would need to move trees anyway and grade.
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Councilmember Trude stated in the packet there is a tree map and she knew the neighbors on the
south side of the creek were concerned with tree preservation. She asked the tree preservation
plan be reviewed.
Councilmember Jacobson stated in looking at their grading plans that most of the trees south of
o Regular Andover City Council Meeting
Minutes - September I9, 2006
Page 8
Andover Boulevard are going to go. Councilmember Trude stated the trees by the creek do not
show up on the tree preservation plans. Mr. Carlson stated most of the grading will be done in
one area. He stated they are trying to leave as many trees as possible because it will make the
land more valuable.
Mr. Carlson showed on the map in what area of the development he is going to try to save trees.
Mr. Carlson stated the trees in the flood plain by the creek will not be touching. Mr. Wilkening
indicated they will not be grading by the creek but that there are some areas where they will not
be able to save trees.
Mayor Gamache indicated they need to discuss the existing home. Mr. Carlson reviewed the
existing house with the Council and stated the house is too large to move. He showed on the
map how they are planning to change the landscaping to make the front look like the backyard.
He stated they have already put $50 to $60 thousand in the house to remodel it.
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Mayor Gamache asked if the requirements where they need to change the ordinance is the fact
that it is a little larger and has a backyard encroachment. Councilmember Trude thought it was
the way their code describes the backyard because she came in and discussed this with staff and
there will be lots of yard in front and in back of the houses that face Andover Boulevard.
Mr. Carlson stated this is the first time he has had to change the front of the house in all of the
developments he has done. He stated he is trying to work with the City, but it is a house that
cannot be moved.
Mr. Berkowitz stated on page seven of the staff report, the intent of the lot is shown in the fourth
Whereas. He stated there needs to be a variance of21.9 feet if the house were to remain the way
it is. The east side is considered the rear yard setback.
Councilmember Trude wondered if there will be room for a deck and swing set in the backyard
of this house. Mr. Dickinson showed on the map how the house is situated on the property.
Councilmember Trude wondered if the owner could do a lot split and keep the existing house
isolated from this development. City Attorney Hawkins asked if in the preliminary plat, they
platted all contiguous property they own. They would have to grant a variance otherwise.
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Councilmember Trude stated she would like to consider this because the house is an estate house
and belongs on a large lot. She did not think it would ever look right in this development. She
asked Mr. Carlson if this would be something he would like to do. Mr. Dickinson stated they
would have to pose the question to the County.
Mayor Gamache wanted to make sure they were straight on the back rear setback and if it is
necessary to call it a rear yard setback. Also, he wanted to know if a variance was in there if it
was the side yard. Councilmember Trude asked which way the Council sees this house facing.
Mayor Gamache stated because the driveway faces Dogwood Street making the west side of the
o Regular Andover City Council Meeting
Minutes - September I9, 2006
Page 9
house the front, then the rear yard setback is the area they are discuss. He wanted to know if they
need to have the variance in there even though it does not seem like it is the back. It is for lot 8
and will be for lot 7 and for the other block. Lots 1-4 all border up against it so he would
consider leaving the variance in there as it reads.
Councilmember Trude stated the only thing she would change if they were to keep this as part of
the development, is to square off lot 9 such that you could draw a parallel line continuous with
the left side of the drawing of the house and bring it out to Andover Boulevard. She stated she
would be willing to do a variance there to maintain the integrity of that structure.
Councilmember Trude wondered if the existing home will be connected to utilities. Mr.
Berkowitz stated that was added when they changed some of the conditions.
Mr. Dickinson reviewed the retaining wall with the Council. Councilmember Trude stated she
has seen other communities use this and it seems to maintain a separation between the existing
and new development.
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Mr. Wilkening stated the reason they are using the retaining wall is there is approximately ten
feet of drop from one cul-de-sac to the other. He stated to make the houses fit with the streets
they cannot at the same time fit the grade that is already there on the east side.
Councilmember Orttel asked how high the retaining wall is. Mr. Wilkening indicated it is seven
feet at the highest and varied throughout. Mr. Berkowitz indicated there would be a fence on top
for protection.
Councilmember Jacobson stated he heard the retaining wall is to be built on the property and he
also heard it would be built about ten feet off of the property line. Mr. Wilkening stated they
have it drawn ten feet from the property line.
Councilmember Jacobson stated if they have the lot line that goes to the property line, a ten foot
side yard easement, where will the house pad go. Mr. Wilkening stated it depends because
sometimes the foundation of the home can be the retaining wall. The home could go up to that
line but it depends on how they want to build the home itself. Councilmember Jacobson thought
it may pose a problem because that is an easement for utilities and other things.
The Council discussed with the applicant how the homes will fit on the pads with the retaining
wall.
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Councilmember Trude assumed staff would look at the retaining wall for drainage issues and
stability and their side yard rules with setback.
Councilmember Jacobson asked if and when the property to the east becomes available, would it
be the intention to take the wall down and regrade everything on the east. Mr. Wilkening stated
this is something they need to discuss too because the intention is that when the streets are
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Regular Andover City Council Meeting
Minutes - September I9, 2006
Page 10
continued, that a similar grade for the backyards would be continued as well.
Councilmember Orttel thought Engineering needs to look at this issue before they install the
wall.
Councilmember Trude assumed this retaining wall will go through review at the Preliminary
Plat. Mr. Berkowitz indicated that was correct.
Councilmember Jacobson stated the Anoka County Highway Department has said when
Cottonwood Street goes in eventually Butternut Street would close. Everyone east of this plat
once it is developed, will have all of the traffic come to the west exiting onto Cottonwood, then
onto Andover Boulevard. This is going to be interesting because with all of the traffic coming
from the east along with this plat and some from the plat just to the west coming in later, is that
entrance to Andover Boulevard and Cottonwood Street big enough to support that much traffic
when everything else is closed off? He wondered if this will be a problem and if they will have
stacking.
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Mr. Berkowitz stated they would take additional right-of-way through the plat of sixty-six feet
for Cottonwood Street. What that would create is a designated right turn lane and a designated
left turn lane. There will be one thru lane going southbound.
Councilmember Trude thought they could discuss the park plan in the development with the Park
Commission at their meeting on Thursday.
Mr. Dickinson stated the developer has indicated to him that they do have some purchase
agreement issues and they would like to see if the Council would entertain an approval of the
preliminary plat with identification of certain items to be resolved by final plat.
Mr. John MoWencamp stated he was speaking on behalf of Carmen MoWencamp who sent the
Council a letter. He stated her one concern as far as the cul-de-sac is drainage. She is worried
that the snow plowing would be plowed onto her property and she did not feel ten feet was
enough area to provide for that. He stated she does have slight problems with drainage on her
property now.
Mr. MoWencamp showed photos of Ms. MoWencamps' property and possible drainage issues.
He stated she is also concerned about the loss of trees on her property.
o Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 11
purchase agreement issues that still need to be addressed. He stated they need to take a look at
the park because originally it was set in the middle of the development to be used by the residents
of the new development and now the park is being moved south along the creek to where no one
can use it. There is no access to the residents of the new development to this area and no access
to anyone. If they are going to bring access up Butternut, it will be closed and he wondered how
people will get there to use it and what will be in the park.
Mr. Hilley stated there are no trees next to the creek and there are trees further up the tree line.
He stated the hundred year and five hundre~ year flood plain need to be address~d through
FEMA first to get a variance from that before anything else can be started. Once they alter the
ground work, it affects everything to the east along Coon Creek. MR. Berkowitz stated in the
revised condition in the resolution, the five hundred year flood is called the flood fringe. They
can go ahead and fill in the flood fringe without any formal approvals up front but before that is a
buildable lot, they need to have a letter of map revision which is being addressed. He stated the
one hundred year flood way needs a full hydrologic evaluation.
Mr. Hilley stated he was concerned with the tree removal on the property and he thought all of
o the large trees will be destroyed.
Mr. Hilley stated with the proposal, there were too many variables and things that needed to be
changed. He thought there needs to be a set thing that needs to be done.
Mr. Hilley stated they have not heard from the builder to the west to see what he plans on doing.
When the builder indicated he would give the City two to three parcels of property for the park, it
looked like he took land from each of the adjacent properties to incorporate into the park. He
thought there were too many issues and they should go back to square one and try to correct the
problems.
Ms. Connie Holloway, 209 l42nd Avenue NW, stated her property line is approximately 500 feet
from Coon Creek. Her major concern is for children. At times the creek does rise depending
upon snowfalL She asked the Councilmembers to consider children when placing the park and
trail in the development.
Councilmember Jacobson asked when they looked at this, was the park dedication short of what
is required. Mr. Dickinson stated the amount ofland the City would give credit for a park is
determined by a computation outlined in the ordinance. Mr. Berkowitz stated there is no credit
for a trail easement. Mr. Dickinson stated they are looking at 2.5 acres they could take in land.
o
Councilmember Trude reviewed the discussion they covered at the meeting.
Councilmember Orttel asked City Attorney Hawkins if it was ok to approve a preliminary plat
with seven or eight "subject to" conditions. Mr. Hawkins stated they do it but it depends on how
comfortable the Council feels and what they are. Approving a preliminary plat is a big legal step
in terms of giving property rights to a developer. Councilmember Trude did not think they were
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 12
ready or comfortable to approve the preliminary plat at this time.
Mr. Carlson stated they have been working on this for two years and if this is not approved by
October 1 st, it will cost him a lot of money. He stated he has given up and done a lot and for the
past year he has tried to do what was right for everybody on this and he has spent a lot of his own
money in the process. He indicated he is just trying to get this done and he did not see that many
issues. He stated he needs to get the preliminary plat approved by October 1 st.
Councilmember Orttel stated he did not know what the conditions are and he would like to see
them in writing in order that they can review this again at the September 261h workshop. He
stated he has never seen a list this long with issues on a preliminary plat.
Motion by Orttel, Seconded by Jacobson, to table the Hickory Meadows Development Plan to
September 26,2006 at 7:30 p.m. or as soon after as possible. Motion carried unanimously.
CONSIDERREZONlNG/R-l TO R-4/PROPERTY LOCATED EAST OF PRAIRIE ROAD ON
ANDOVER BOULEVARD
The Council is asked to review the proposed rezoning to allow the Hickory Meadows plat to move
forward.
Motion by Orttel, Seconded by Jacobson, to table the Hickory Meadows Rezoning to September
26,2006 at 7:30 p.m. or as soon after as possible. Motion carried unanimously.
RESCHEDULE NOVEMBER 7TH CITY COUNCIL MEETING
City Administrator Dickinson explained the General Election will be held on Tuesday,
November 7,2006, which is a regular Council meeting night. Council is requested to reschedule
the November 7, 2006 Council meeting.
Motion by Jacobson, Seconded by Trude, to reschedule the November 7,2006 City Council
meeting to Wednesday, November 8, 2006 at 7:00 p.m. Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Trude, Seconded by Jacobson, to schedule and EDA meeting at 6:00 p.m. on October
o 3, 2006. Motion carried unanimously.
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Regular Andover City Council Meeting
Minutes - September 19, 2006.
Page 13
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on administrative and city department
activities, meeting reminders and miscellaneous projects.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
MAYOR/COUNCIL INPUT
(County Meeting regarding Hanson Boulevard) - Mayor Gamache stated there is a public
hearing/open house on Thursday, September 21, 2006; the County will be talking about Hanson
Boulevard.
Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried lImmimously. The meeting
adjourned at 9:41 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary