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HomeMy WebLinkAboutCC May 16, 2006 o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, May 16, 2006 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum CenterPoint Energy Presentation Agenda Approval 1. Approval of Minutes; (5/02/06 Regular; 4/18/06 Regular, Cont.; 4/25/06 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Plans & Specs/Order Advertisement for Bids/Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels - Engineering 4. Waive Public Hearing/Adopt Assessment Roll/05-60/1516 - 148th Lane NW/SS - Engineering 5. Approve Northern Natural Gas Encroachment Agreement/06-15IPrairie Knoll ParklParking Lot Expansion - Engineering 6. Adopt ResolutionlRelocation of Polling Place - Clerk 7. Approve Quotes/Authorize Expenditures for Fire Station Generators - Finance o Discussion Items 8. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 9. Award Bid/05-15/Andover Station North Ball Field hnprovements - Engineering 10. Consider Repealing Meth Lab Ordinance (Section 4-5 of City Code) - Planning 11. Consider Amending Preliminary Plat & PUDIParkside at Andover Station - Planning 12. Consider Revised Final P1at/Parkside at Andover Station - Planning 13. Consider Sketch Plan/Al Parent Rural Residential Development/17700 Tulip Street NW - Planning Staff Items 14. Schedule June Council Workshop -Administration 15. Administrator's Report - Administration Mayor/Council Input Adjournment o ~\.J'VJ---t G./.v LI..JLL-tk-n ~ - 4! -c.)~ o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 13 o o REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 16,2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 CENTERPOINT ENERGY PRESENTATION ........................................................................ I AGENDA APPROV AL............................................................................................................. 3 APPROVAL OF MINUTES...................................................................................................... 3 CONSENT ITEMS Approve Payment of Claims ................ ................................. ............................................... 4 Resolution R063-06 approving Plans & Specs/Order Advertisement for Bids/ Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adj acent Parcels.............................................................................................................. 4 Resolution R064-06 waiving Public Hearing/Adopt Assessment Roll/05-60/l5l6 - l48th Lane NW/SS ...... .... ...... ......... ................... .................................. ............................. ........ 4 Approve North Natural Gas Encroachment Agreement/06-l5/Paririe Knoll Park/Parking Lot Expansion ................................................................................................................ 4 Resolution R065-06 adopting ResolutionlRelocation of Polling Place............................... 4 Approve Quotes/Authorize Expenditures for Fire Station Generators ................................ 4 Consider Approval/Refuse Hauler License.......................................................................... 4 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received................................................................................................................................ 5 AWARD BID/05-l5/ ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS RES. R066-06 ................... .... .......... ........................................................................................... 5 CONSIDER REPEALING METH LAB ORDINANCE (SECTION 4-5 OF CITY CODE) Motion to Adopt (ORD. NO. 329)........................................................................................ 6 CONSIDER AMENDING PRELIMINARY PLAT & PUD/P ARKS IDE AT ANDOVER STATION Motion to approve RES. R067-06 ........................................................................................6 CONSIDER REVISED FINAL PLAT/P ARKSIDE AT ANDOVER STATION Motion to adopt................................................................................... ....... ........................... 8 Motion to table ....... ............... ................................................................................................ 10 CONSIDER SKETCH PLAN/ALP ARENT RURAL RESIDENTIAL DEVELOPMENT/ 17700 TULIP STREET NW ................................................................................................. 10 CONSIDER REVISED FINAL PLAT/P ARKSIDE AT ANDOVER STATION (CONT.) Motion to remove from table ................................................................................................ 11 Motion to reconsider ............................................................................................................. II Motion to approve RES. R068-06 ........................................................................................ II Motion to adopt final plat RES. R069-06 ............................................................................. 11 SCHEDULE JUNE COUNCIL WORKSHOP .......................................................................... 12 ADMINlSTRATOR'S REPORT ............................................................................................... 12 o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 14 Regular Andover City Council Meeting Minutes - May 16, 2006 Table of Contents Page ii MAYOR/COUNCIL INPUT Advisory Committee Meeting Minutes Changes.................................................................. 12 City/County Meeting............................................................................................................. 12 Andover Boulevard Home in Disrepair ................................................................................ 12 Preliminary/Final Plat Issues................................................................................................. 12 ADJOURNMENT...................................................................................................................... 13 o o o CITY OF NDOVE REGULAR ANDOVER CITY COUNCIL MEETING-MAY 16,2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 16, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, Barry Sullivan City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others o PLEDGE OF ALLEGIANCE o RESIDENT FORUM No one wished to address the Council. CENTERPOINT ENERGY PRESENTATION City Administrator Dickinson introduced Mr. Al Swintek and Mr. Tom Olinger from Centerpoint Energy. Mr. Olinger provided a brief presentation on the proposed project to construct a natural gas pipeline to serve the Riverside Electric Plant in Minneapolis. Councilmember Orttel asked if they are involved in the other pipeline running along the tracks. Mr. Olinger indicated there are two pipelines through there now. One is a Northern Natural Gas Pipeline and the other is a Centerpoint Energy Pipeline. Technically it is a separate company but it is an existing Centerpoint Energy Pipeline. Councilmember Orttel asked if the new pipeline will go outside ofthe right-of-way for the other ones. Mr. Olinger stated they plan to put the new line about ten feet from the existing Centerpoint line. It will be in the same corridor but they will need to work with property owners to make sure they have the proper easement rights to put the pipeline in. Councilmember Orttel wondered why this area was chosen. Mr. Olinger stated they chose it because there is an existing pipeline corridor there. They already have a relationship with the o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 2 property owners. Councilmember Orttel wondered what the size of the pipe will be. Mr. Olinger stated the pipe will be a quarter inch wall. He stated they will have a thicker wall that will go under the roadways. Councilmember Jacobson stated the first time he heard about this was in the paper and if they talked to City staff, the information did not get to the Council and he hoped in the future they will send letters to all of the Councilmembers as well. Councilmember Jacobson asked if there was some reason they are not going to use the thicker pipe in an area that will be urbanized later on. Mr. Olinger stated the wall thickness they have now is sufficient to handle the pressure and the design factors they are looking for, even in higher dense areas. o Councilmember Jacobson wondered if any of the construction will be in road or will it be along the side. Mr. Olinger stated they need to determine where they will dig but they will be putting the pipe in the right-of-way. Councilmember Jacobson noted if the road is torn up, Centerpoint Energy will replace it. Mr. Olinger indicated they would. Councilmember Jacobson stated one item that is mentioned in their application is the location in Andover where they are going to connect to the supply. It is his understanding that Centerpoint Energy and Northern Natural Gas will have to build some facilities in Andover at that location to build the pipeline. He stated he looked at some of the drawings in the application and he asked if Mr. Olinger could explain what will be needed for this. Mr. Olinger noted they met with City staff and Northern Natural Gas, Northern Natural Gas is requesting a one-hundred foot extension north of their existing property. They will build the new facilities and station north ofthe existing station. He stated Centerpoint's requirements are to have a corridor that will allow them to take possession of the gas underground. They will need to have an easement from the station heading north up to l4Sth. Mr. Dickinson indicated Northern Natural Gas will be at the Council Workshop at the end of May. Councilmember Trude recalled one ofthe audience members previously told them that when a pipeline is run through a neighborhood, it needs to be a heavy gauge metal. She wondered if this one is being constructed of the heaviest gauge metal used in pipelines. Mr. Olinger stated there is a Federal Code of Regulations that determines the wall thickness of the pipe, strength of the pipe in different density class areas. He noted they do follow these guidelines and design the o pipeline to meet all ofthese guidelines. Councilmember Trude wanted to know if they are considering the Andover area the pipeline is going through an area that will require the heaviest gauge. She stated she would like them to meet higher than minimum regulations. Mr. Olinger indicated he will get back to the Council on o Regular Andover City Council Meeting Minutes - May I6, 2006 Page 3 this because he will need to check at his office to make sure it is at the highest. Councilmember Orttel asked if they are required to look at any alternate routes. Mr. Olinger stated the route application they filed with the Public Utility Commission is an application and its partial exemption. He stated the full process requires them to identify multiple alternatives. He stated they are filing a partial exemption. They did look at three primary routes. One of the reasons they chose this route is because there is an existing pipeline corridor. Mayor Gamache asked for a point of clarification on the route. He asked if the route that has the existing pipeline is owned by the railroad. Mr. Olinger indicated in most cases it is in Andover. Mr. Winslow Holasek asked if he could speak with questions. The Council allowed him to ask questions. Mr. Holasek wondered how deep the pipeline will be. Mr. Olinger stated it will be thirty-six inches. o Mr. Holasek asked if the wall thickness of V4 inch is the current thickness of the pipe that is in there now. Mr. Olinger stated he did not know. Mr. Holasek asked what the current pipeline is running at. Mr. Olinger stated it runs at 800 lbs and the new one will run at 550 lbs. Mr. Holasek wondered if this line is a transmission or distribution line. Mr. Olinger stated it is a transmission line. Councilmember Jacobson thought a lot of the questions being asked could be saved for an informational meeting to be scheduled for the near future. AGENDA APPROVAL Add to the Consent Agenda Item 7a, (Consider Approval/Refuse Hauler License). Councilmember Jacobson indicated in Item 5, regarding the encroachment agreement for Northern Natural Gas for the parking area, his understanding is the parking area is not in the area where they want to build the new facilities. Mr. Berkowitz indicated that is correct. Motion by Knight, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. o APPROVAL OF MINUTES April 18, 2006, Regular Meeting (Cont.): Correct as written. o o o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 4 Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. April 25, 2006, Workshop Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. May 2, 2006, Regular Meeting: Correct as amended. Councilmember Trude stated on page 5, they were discussing the trail in the Stack's Woods Plat and right before the motion she made some comments about the trail that allows people to walk in a circle and she was not talking about the trail in the plat. "Councilmember Trude thought the neighborhood would like a trail along the north edge of the plat in order to do a circle walk." Councilmember Trude stated on pages 6 and 7, they were talking about the Conditional Use Permit for the portable classrooms at Grace Lutheran Church and a comment she made that was important to her and she would like included in the minutes is "After the discussion with the people in the neighborhood and Pastor Helman, Councilmember Trude stated she preferred locating the classrooms as far as possible away from the busy Round Lake Boulevard because of her concern for children using these classrooms and their safety." Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 7a Approval of Claims Approve Plans & Specs/Order Advertisement for Bids/Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels (See Resolution R063-06) Waive Public Hearing! Adopt Assessment Rol1l05-60/l516 - 148th Lane NW /SS (See Resolution R064-06) Approve Northern Natural Gas Encroachment Agreement/06-l5/Prairie Knoll ParklParking Lot Expansion Adopt ResolutionlRelocation of Polling Place (See Resolution R065-06) Approve Quotes/Authorize Expenditures for Fire Station Generators Consider Approval/Refuse Hauler License Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 5 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Tom Wells, Anoka County Sheriffs Department, provided an update on law enforcement activities occurring within Andover. Councilmember Knight asked what the Meth Status is in Anoka County. Sergeant Wells stated the Meth problem still exists. They are seeing less production and it is being brought in from the Super Meths in California and Mexico. The Meth problem is still there. Mayor Gamache thought they were working with Laura Landes on mailbox security. Mr. Dickinson stated that is correct and it will be a project as part of National Night Out and will be ready for the Fun Fest. A secure mailbox program is being worked out. AWARD BlD/05-15/ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS o City Engineer Berkowitz explained the City Council is requested to receive bids and award the contract for Project 05-15, Andover Station North Ball Field Improvements. Councilmember Trude stated when she looked at this the Andover Baseball Association wanted this with the alternate of the fencing in the bullpen. She wondered if this is the area that protects the players and would they install this anyway. Mayor Gamache stated it is along the baseline for pitchers to warm up in. Councilmember Trude thought this is a safety issue. She stated they are really close to the engineer's estimate and if they added the alternate or if the Association wanted to split that with them, it is $16,000 more than the engineer's estimate if they go with the bid with alternate one. She asked if Mr. Haas has looked this over and thought it will happen later. Mr. Berkowitz stated they have designed for it and have accommodated area for construction of this in the future. Mr. Berkowitz noted they have a proj ect budget of $809,000 and they have irrigation, power and other costs. Councilmember Knight wondered about the dugouts. Mr. Berkowitz stated they have designed for footings for the dugouts and the slab will be there but there are no dugouts at this time. Motion by Jacobson, Seconded by Knight, to award the contract to W.B. Miller, Inc. for $695,344.45 for Andover Station North Ball fields. o Councilmember Orttel wondered how they can have an association, not part of government, amend their bids when they go out without going to the Council first. Mayor Gamache thought this was a good point and should have been talked about earlier. Motion carried unanimously. (Res. R066-06) o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 6 CONSIDER REPEALING METH LAB ORDINANCE (SECTION 4-5 OF CITY CODE) Community Development Director Neumeister stated the City Attorney informed City staff that the State of Minnesota passed a statute in 2005 that delegates the authority for clean up ofmeth labs to the County, Health Department, or Sheriff. The City Attorney advised that the City should prepare a repealer ordinance to remove any conflict or confusion. After discussions with the City Attorney, also advised that the City should insert language into two separate sections of City Code that would enable the City to assess costs of cleanup if a meth lab or materials were found on City property. Motion by Knight, Seconded by Orttel, to adopt the attached ordinance repealing the current code section dealing with Meth Labs and other clandestine drug operations and direct the staffto prepare. Councilmember Orttel explained the reason for this. City Attorney Sullivan stated this is in response to state legislation, which is in response to local legislation led by cities like Andover. o Motion carried unanimously. (Ord. No. 329) CONSIDER AMENDING PRELIMINARY PLAT & PUD/PARKSIDEAT ANDOVER STATION Community Development Director Neumeister stated as discussed at the May 2, 2006 meeting, the proposed amendment would change the single level units from attached to detached units with a variety of styles and options, including single level and two story homes. The style of unit located on each lot would be determined by the buyer, although the developer has stated it is their intent to not allow identical units on adjoining properties. The applicant also requested adjustments to the architecture of the eight unit buildings. Councilmember Orttel asked if each homeowner would own a part of the path. Mr. Neumeister indicated that is correct. He noted there will be a scenic easement placed over the path as one ofthe conditions. Councilmember Jacobson thought that would be trespassing. Councilmember Orttel thought that left the development with less open space then they had before. Mr. Neumeister indicated it is the same amount of open space. o Councilmember Knight wondered how they could have both private land and public land in the development. Mr. Neumeister stated there is a conservation easement. Councilmember Jacobson stated a conservation easement means trees cannot be cut and the property owner cannot do anything to the land but it is still an ownership of an individual who owns the lot. He stated it would be trespassing to cross the easement if not the owner. Mr. Neumeister stated part ofthe issue in the discussion is the developer does not want people to walk through there; it is an open space area but if people in the second phase of the development were to be able to access it, it would need to be dealt with in the Association documents. o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 7 Mr. Greg Schlink, representing Bruggeman Properties, 3564 Rolling View Drive, White Bear Lake, stated they discussed this issue at length and they submitted a letter to the Council. He stated there are two issues related to the lot. One is a conservation easement that would protect that area as a natural area. Condition two indicates access should be limited to people in the development only. They have 121 units and giving access to all of the units would be too much for the caring capacity ofthat area. They believe the single family detached townhomes, limited to 33, would be the best stewards ofthat property. Councilmember Jacobson stated it did not make sense because if there is going to be a conservation easement there and the lot line goes all the way to the east side and someone owns that parcel, even though it is a conservation easement, there would still be trespassing. Mr. Schlink indicated there would be a separate easement through the association that would allow that use to the members of the detached townhomes only. Councilmember Knight thought that will be tough to enforce. o Councilmember Orttel thought at the last meeting there was a useable piece that is fairly wide at each end in phase one that ran along the buildings and he did not see that in the current plans; it looked smaller. Mr. Dickinson explained what happened to the area to the Council. Councilmember Jacobson stated he did not grasp the idea of this being limited to only the members ofthe association. How would they keep others from walking on the trail. Mayor Gamache did not think people outside the association would use the trail because people would not know where it would go. Councilmember Jacobson asked why they do not take the dark green area and make it a lot with a common area for everybody. Mr. Neumeister explained ifit is left as an outlot, it can become tax forfeit and if that happens, it will be the City's responsibility to determine who should own and maintain it. It could end up as City park land. The covenants will allow for the transition of anyone from one end to the other through here over everyone else's property as long as they are owners in that phase. Mr. Dickinson stated previously these were identified as three unit townhomes and now it is completely different with different buyers. They will see different needs from the buyers and a better product. o Councilmember Knight asked the City Attorney if a conservation easement is a public place or not. City Attorney Sullivan stated the property in green on the site plan would be privately owned property. Placing a conservation easement does not convert it to public property or grant the public at large the right of access. A conservation easement is a restrictive easement, which prohibits the underlying owner from doing certain things to the property. Mr. Schlink indicated that is the intent. Councilmember Trude thought the whole problem developed when they looked at going from multi- family townhomes on both sides of that line. At that point, they wanted a recreation area everyone could use because it is dense housing. Now they are looking at homes that will be almost like single o Regular Andover City Council Meeting Minutes - May 16, 2006 Page g family homes and the issue is there will still be a lot of conflicts between these two neighborhoods that share a backyard and if they create an open space between both of them, the only way they could manage it is if a third association were created and the president of both associations would have to meet to figure out how to maintain that area. She thought it could cause a lot of feuding so how could they preserve that area, which is like a buffer, without it becoming a problem. She did not know how they would solve the conflict. The Council discussed the problems and possible solutions to the issue of the trail. The Council thought the new building design looks better than what was previously presented. Mr. Neumeister stated there will be signage indicating the driveway will be private. Motion by Jacobson, Seconded by Trude, to approve the proposed changes to the preliminary plat and planned unit development and within the Resolution and Exhibit B there are several areas that need to be filled in with the correct dates and a change irt item 8 which appears at the bottom of page 5 which should read "A Conservation Easement shall be established over the ffi'ea designated as-a o tree preservatic)F). area between Martin Street NW and Linnet Street NW". Councilmember Trude wondered if they need to look at the single family style townhomes. Mr. Neumeister stated that was presented with another item a couple weeks ago. Mr. Dickinson stated those are attached and need to be approved. He stated this would be part of the motion that was made. Councilmember Trude stated the only concern she has regarding the single story homes is that they will be sandwiched between some of the two story homes and staffhas told her that the builder will be careful on how they place the homes. Mr. Schlink stated these homes will be market driven so the selection would be by the potential buyer. He stated he looked into this issue and the difference in height is about a six and a half foot difference in the roof line. Motion carried unanimously. (Res. R067-06) CONSIDER REVISED FINAL PLAT/PARKSIDE AT ANDOVER STATION Community Development Director Neumeister stated the City Council is asked to approve a revised final plat for Parkside at Andover Station. o Councilmember Jacobson asked the City Attorney ifthey need to make a motion for reconsideration of the final plat. City Attorney Sullivan indicated the developer is requesting the reconsideration and not the City Council so he did not feel there needs to be a motion. Motion by Knight, Seconded by Jacobson, to adopt the attached resolution approving the final plat with conditions. o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 9 Councilmember Jacobson stated there are two blanks on the Resolution also. Councilmember Trude stated there is a reference to a development agreement but she wondered if there will be two development agreements because they will have two different associations, projects and phases. Mr. Neumeister indicated that is correct. Councilmember Trude wondered if they have enough wording to make sure it is all covered. Mr. Dickinson stated this final plat would only have one style of home, which is the eight unit buildings. Councilmember Trude wondered if they are adequately describing this as only phase 1 or do they lift the language from the prior final, which would have been the entire area. Mr. Neumeister stated condition number six is contingent upon the development agreement which is referencing the construction of improvements, streets and utilities; the actual homeowner's association is covered under item one. Councilmember Trude questioned the legal wording in the resolution because it shows phase two also. Mr. Neumeister reviewed the wording with the Council. o Mayor Gamache stated on the Parkside at Andover Station North map received April 4th, it shows Outlots A and B. Mr. Neumeister stated at that time, the purchase agreement covered 36 units. If they were to put units in the outlots, they would have been buying about 42 or 44 units. Councilmember Trude asked the City Attorney to check the legal descriptions for the two motions. She indicated it seems like these are two totally different property descriptions. City Attorney Sullivan wondered how they knew the resolution being proposed covers the property that is part of the preliminary plat. Mr. Neumeister referenced Lots five and six on the map to the Council. Councilmember Trude stated her problem is going back to the original preliminary plat resolution, which talks about Lots 3, 4 and 6 and does not mention Lot 5 or the northern half. Mr. Neumeister stated Lots 3 and 4 are the westerly part ofthe northern area. Councilmember Trude stated she did not see Lot 5 at all, which troubles her. Mr. Neumeister stated he will go back and pull the legals for this. The Council decided to table this item until information could be checked for accuracy. o Motion by Trude, Seconded by Jacobson, to table this item to later in the meeting. Motion carried unanimously. CONSIDER SKETCH PLAN/AL PARENT RURAL RESIDENTIAL DEVELOPMENT/17700 TULIP STREET NW o o o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 10 City Administrator Dickinson stated the City Council is asked to review a six-lot residential sketch plan called Timber River Trails 2nd Addition proposed by Al Parent. Mr. Al Parent, 14117 Orchid Street, stated he is at the meeting to answer questions. Councilmember Jacobson wondered if there will be any traffic lights or turn lanes coming off of Tulip. Mr. Berkowitz stated the County did request not to have any access to Tulip Street. If the City did want to pursue this as a second access point because ofthe length of the cul-de-sac, there would need to be a right turn lane off of Tulip and a bypass lane and it would be required through the County permit. Councilmember Jacobson stated there is an easement shown going through the property and a cul-de- sac shown and he wondered if there is enough land minus the easement that they can build there. Mr. Rick Olson, E.G. Rud and Sons, stated the two lots that the easement does cross, meet the 2.5 acre requirements. The easement takes up about half of the property so they are left with a little over an acre for those two lots and the topography shows buildable sites on the lots. Councilmember Orttel wondered what the developer thought about the requirements from the County. Mr. Olson stated they received the information back from the County recently and they really have not had time to look at them. The Council discussed with the developer County requirements and costs. Mayor Gamache wondered if the County is willing to look at allowing an emergency access off of Tulip for the cul-de-sac area. Mr. Berkowitz stated they have done that in the past. He reviewed past developments that have had emergency access drives. Councilmember Knight thought the developer might want to look at reconfiguring the lots if the County requires a lot because that could cost a lot of money for improvements. The Council reviewed another site plan for the development with City Staff and the developer. Councilmember Jacobson stated he would rather see the road go through rather than dead end. Mr. Berkowitz thought the first option would be to work with the County and try to get a right turn lane in with site line and clearing. The second option would be the emergency access with the gate. The Council agreed. Mr. Ryan Cook and Mrs. Ivette Sol-Cook, 17697 Tulip Street NW, stated the reason they have a problem with the proposed road is the City Planner, Andy Cross, pointed out a pink flag on the lot, which would bring the road entrance facing his kitchen windows. He showed photos of the area indicating where his house would be affected. He noted if a road were constructed where proposed, lights from vehicles would shine right into his kitchen. He thought if the developer could agree to eight fairly large blue spruce trees to come across that part of their property to give them privacy from the cars coming from that development, it would help them with screening. o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 11 Councilmember Trude stated they could not make the developer do that because it is not their property. Mr. Berkowitz stated they have requested that in the past and the developers have done that but it cannot be a requirement. Mayor Gamache thought the homeowner could try to work with the developer on getting something to work. Mr. Cook stated there is quite a bit more traffic on Tulip than the Council thinks and it is posted at 50 mph but they do go faster than that. He noted they were just concerned with the lights coming in and their privacy. CONSIDER REVISED FINAL PLAT/PARKSIDE AT ANDOVER STATION (CONT.) Motion by Jacobson, Seconded by Ortte1, to remove this item from the table. Motion carried unanimously. o City Attorney Sullivan reviewed the status of where the Council is at in regard to the agenda and what needs to be done. City Attorney Sullivan stated they went and looked at the Plat maps and they determined that the resolution from Item 11 has an erroneous legal description. He stated they need to reconsider Item 11, pass it with the proper legal description and then go onto Item 12. Motion by Jacobson, Seconded by Knight, to reconsider Item 11. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to rescind the previous resolution and to approve the Resolution with the correction of Lots 4 and 5, Block 1 from lots 3 to 4, block 1 in the second paragraph on page 4 including all other changes made. Motion carried unanimously. (Res. R068-06) Motion by Knight, Seconded by Jacobson, to adopt the attached resolution approving the final plat with conditions. Motion carried unanimously. (Res. R069-06) SCHEDULE JUNE COUNCIL WORKSHOP Motion by Jacobson, Seconded by Knight, schedule a Special Council Workshop for Tuesday, June 27,2006 at 6:00 p.m. Motion carried unanimously. o ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Community Survey progress, legislative update, meeting reminders and miscellaneous projects. o Regular Andover City Council Meeting Minutes - May 16, 2006 Page 12 City Engineer Berkowitz updated the Council on Road Improvements Projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (Advisory Committee Meeting Minutes Changes) - Councilmember Trude stated she was reading the Advisory Committee Meeting Minutes from April and it made some statements that were attributed to her that were a little stronger than any statements she had made and she was going to ask to have those changed. She stated it was generally advising them of Community Education's role in providing services to the Community and what they pay them and they talked about potential partnerships between the facility and Community Ed and potential partnerships between Youth First and their facility. o (City/County Meeting) - Councilmember Jacobson stated there is a City/County meeting at the end of the month so they can talk about legislative issues or the Viking Stadium. (Andover Boulevard Home in Disrepair) - Councilmember Jacobson asked what the status is ofthe structure at Andover Boulevard and the rail road tracks. City Attorney Sullivan stated they have a Court Order and a contract to tear the structure down. Mr. Dickinson stated they would be giving them a courteous notice of when they will be there and they hope to be done soon. Mr. Berkowitz stated they had City Attorney Sullivan review the contract to make sure the language sounds right and they have contractors lined up and they want to give them a courteous notice. They hope to do it in the next ten to fifteen days. (Preliminary/Final Plat Issues) - Councilmember Jacobson stated it bothers him a little bit when they do a preliminary and final plat on the same parcel at the same time. He would prefer to see the preliminary approved at one meeting and then the final approved at another meeting. Councilmember Orttel thought they usually do that but this is a special case. Mr. Neumeister stated they are running out of time on this project and it needs to get done but usually they are done at different meetings. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:35 p.m. o Respectfully submitted, Susan Osbeck, Recording Secretary