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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, January 17,2006
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (1/3/06 Regular; 1/3106 Special; 1/5106 Special)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Resolution Authorizing Speed Limit/Station Parkway NW -Engineering
4. Approve Lease Agreement/03-l/Prairie Knoll ParkINorth Metro Soccer Association - Engineering
5. Approve City Code Amendment/Update Zoning MaplChanges to Flood msurance Rate Map - Planning
6. Consider Approval/Raffle Permit/Anoka Area Chamber of Commerce - Clerk
7. Consider Approval/Raffle Permit/Hunt Of A Lifetime, mc. - Clerk
8. Consider Approval/Raffle Permit/Minn. Deer Hunters Assn. - Clerk
9. Approve Rescheduled Date for City Adrninistrator Review - Administration
10. Approve 2006 Facility Irnprovement Projects - Finance
11. Approve Appointment/Utilities Maintenance Worker -Administration
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Discussion Items
12. Receive Anoka County Sheriffs Department Monthly Report - Sheriff
13. Consider Rezoning/R -1 to R-4IW oodland Crossings/157th & Nightingale St. NW - Planning
14. Consider Preliminary Plat & PUDIWoodland Crossings/157th & Nightingale St. NW - Planning
15. Consider RezoningR-l to R-4/Shaw's Glen/I 57th & Nightingale 81. NW - Planning
16. Consider Preliminary Plat/Shaw's Glen/157th & Nightingale St. NW - Planning
17. Consider Rezoning/R-l to R-4/Cardinal Ridge/157th & Nightingale St. NW - Planning
18. Consider Prelirninary Plat/Cardinal Ridgell 57th & Nightingale St. NW - Planning
19. Public Hearing/Vacation of Street Right-of-Way/157th Lane NW - Planning
20. Consider City Code AmendmentJDry Cleaning Processing in Commercial Districts - Planning
21. Waive Public Hearingl Adopt Assessment Roll/05-29/l4355 Crosstown Boulevard NW ISS & WM-
Engineering
Staff Items
22. Consider 2006 Outdoor Recreation Application Roundl06-6 - Engineering
23. Discuss Appointment/Community Center Advisory Committee - Administration
24. Schedule EDA Meeting - Administration
25. Schedule Council Workshop - Administration
26. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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Regular Andover City Council Meeting
Minutes - January 17, 2006
Page 18
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 17,2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
APPROVAL OF MJ:NUTES ...................................................................................................... 1
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 2
Resolution R006-06 approving Resolution Authorizing Speed Limit/Station Parkway
NW ........................ ....................................................................... ................................... 2
Approve Lease Agreement/03-1/Prairie Knoll Park/North Metro Soccer Association .......2
Approve City Code AmendmentlUpdating Zoning Map/Changes to Flood Insurance
Rate Map (ORD. NO. 319) ............................................................................................. 2
Consider Approval/Ra.ffle Permit/ Anoka Area Chamber of Commerce ............................. 2
Consider Approval/Ra.ffle PermitlHunt of a Lifetime, Inc. ................................................. 2
Consider Approva1/Raffle Permit/Minn. Deer Hunters Assn. ............................................. 2
Approve Rescheduled Date for City Administrator Review................................................ 2
Approve 2006 Facility Improvement Projects ..................................................................... 2
Approve AppointmentlUtilities Maintenance Worker......................................................... 2
Approve Time Extension for Deer Oaks Final Plat (RES. R007 -06) .................................. 2
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received............ .............. ....... .... ...................................... ............. .............. .......................... 2
CONSIDERREZONING/R-1 TO R-4/WOODLAND CROSSINGS/157TH &
NIGHTINGALE STREET NW
Motion to Approve (ORD. NO. 320)....................................................................................3
CONSIDER PRELIMINARY PLAT & PUD/WOODLAND CROSSINGS/157TH &
NIGHTINGALE STREET NW ............................................................................................3
CONSIDER REZONING/R-1 TO R-4/SHA W'S GLEN/157TH & NIGHTINGALE ST NW
Motion to approve (ORD. NO. 321) ..................................................................................... 9
CONSIDER PRELIMINARY PLAT/SHAW'S GLEN/157TH & NIGHTINGALE ST NW
Motion to approve (RES. R008-06) ...................................................................................... 9
CONSIDER REZONING/R-1 TO R-4/CARDINAL RIDGE/157TH & NIGHTINGALE
STNW
Motion to approve (ORD. NO. 322) ..................................................................................... 10
CONSIDER PRELIMINARY PLAT/CARDINAL RIDGE/157TH & NIGHTINGALE
STNW
Motion to approve (RES. R009-06)...................................................................................... 11
PUBLIC HEARING/ VACATION OF STREET RIGHT -OF- W A Y/157TH LANE NW
Motion to Open the Public Hearing ...................................................................................... 12
Motion to Reconvene.................................................... ..... ............ ....................................... 12
CONSIDER CITY CODE AMENDMENT/DRY CLEANING PROCESSING IN
COMMERCIAL DISTRICTS .. .................................... ........................................................ 12
WAIVE PUBLIC HEARING/ADOPT ASSESSMENT ROLL/05-29/14355 CROSSTOWN
BOULEVARD NW/SS & WM (RES. ROlO-06) .................................................................. 13
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Regular Andover City Council Meeting
Minutes - January 17, 2006
Page 19
Regular Andover City Council Meeting Minutes - January 17, 2006
Table of Contents
Page ii
CONSIDER 2006 OUTDOOR RECREATION APPLICATION ROUND/06-6 ..................... 14
DISCUSS APPOINTMENT/COMMUNITY CENTER ADVISORY COMMITTEE ............. 15
SCHEDULE EDA MEETING ................................................................................................... 15
SCHEDULE COUNCIL WORKSHOP ..................................................................................... 15
ADMINISTRATORS REPORT ................................................................................................ 15
MAYOR/COUNCIL INPUT
Proposed Stadium Sales Tax................................................................................................. 16
Ball Park Advertising Task Force ......................................................................................... 16
ADJOURNMENT...................................................................................................................... 17
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CITY OF
NDOVE
REGULARANDOVER CITY COUNCIL MEETING-JANUARY 17, 2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, January 17,2006, 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
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
Add 11a, (Approve Time Extension for Deer Oaks Final Plat) to the Consent Agenda
Motion by Jacobson, Seconded by Knight. to approve the Agenda as amended above. Motion
carried unanimously.
APPROVAL OF MINUTES
January 3, 2006, Regular Meeting: Correct as amended.
January 3, 2006, Special Meeting: Correct as written.
January 5, 2006, Special Meeting: Correct as amended.
Councilmember Trude stated on the January 3 regular minutes, page five, Councilmember Jacobson
is speaking about the CDBG application, the words "f-er them" should be "form". On page six, she
made a comment and the word "Commission" should be "Commissioner".
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Regular Andover City Council Meeting
Minutes - January 17, 2006
Page 2
Motion by Trude, Seconded by Jacobson, approval of the January 3, 2006 Regular Meeting Minutes
as indicated above. Motion carried unanimously.
Motion by Trude, Seconded by Knight, approval of the January 3, 2006 Special Meeting Minutes as
presented. Motion carried nmmimously.
Councilmember Trude stated on the January 5, 2006 minutes, on page 7, "The Council reviewed the
candidates for the Planning and Zoning Commission." After that she would like to strike the
information until the motion occurs because that is the format they follow in most of their minutes.
Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried
unanimously.
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Approve Resolution Authorizing Speed Limit/Station Parkway NW (See Resolution
R006-06)
Item 4 Approve Lease Agreement/03-llPrairie Knoll Park/North Metro Soccer Association
Item 5 Approve City Code AmendmentJUpdate Zoning Map/Changes to Flood Insurance
Rate Map (ORD. NO. 319)
Item 6 Consider Approval/Raffle Permit/ Anoka Area Chamber of Commerce
Item 7 Consider Approval/Raffle PermitlHunt of a Lifetime, Inc.
Item 8 Consider Approval/Raffle PermitlMinn. Deer Hunters Assn.
Item 9 Approve Rescheduled Date for City Administrator Review
Item 10 Approve 2006 Facility Improvement Projects
Item 11 Approve AppointmentJUtilities Maintenance Worker
Item 11 a. Approve Time Extension for Deer Oaks Final Plat (R007 -06)
Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
nnanimously. .
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Sergeant Helwig, Anoka County Sheriff's Department, provided an update on law enforcement
activities occurring within Andover.
Councilmember Trude wondered if the stolen checks are stolen mail. Sergeant Helwig stated they
were. The criminals wash the checks to remove the name of who the checks are made out to. He
noted thieves target mailboxes with flags in them.
Councilmember Trude wondered if there were anymore snowmobile or trailer thefts. Sergeant
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Regular Andover City Council Meeting
Minutes - January 17, 2006
Page 3
Helwig stated there were not and he indicated the reason why is mostly because the snow has gone
down.
CONSIDERREZONING/R-1 TO R-4IWOODLAND CROSSINGS/157TH & NIGHTINGALE ST.
NW
The Council is asked to review the proposed rezoning to allow the Woodland Crossings plat to move
forward.
Motion by Knight, Seconded by Orttel, to approve the proposed rezoning with the findings provided
in the attached resolution. Motion carried nnanimously. (ORD. NO. 320)
CONSIDER PRELIMINARY PLAT & PUDIWOODLAND CROSSINGS/157TH &
NIGHTINGALE ST NW
The Council is asked to review a Preliminary Plat with Planned 1!nit Development (PUD) for
Woodland Crossings. The Council previously reviewed a sketch plan for the proposed project. It is
important to note that this project will be coordinated with the Shaw's Glen and Cardinal Ridge plats
as they will all share access to 157th Lane NW.
Mr. Neumeister discussed the staff report with the Council.
Councilmember Orttel wondered where it is stated that the PUD deviations only apply to the
townhomes. Mr. Neumeister stated on page five of the report there is a table that indicates that.
Councilmember Orttel thought the PUD agreement should state that the PUD deviations only apply
to the townhomes. Mr. Neumeister stated they could add that to the resolution.
Councilmember Orttel wondered if everything else is in conformance with the R-4 zoning. Mr.
Neumeister stated that is correct.
Councilmember Trude thought it would be important to add that condition otherwise there might be
some confusion and she even wondered ifbecause of the PUD, can they require upgrades to anyplace
within this area. If they are treating it all as a whole PUD, as a City Council they can impose
improved standards for everything throughout this entire area if they want. Mr. Neumeister believes
when the developer applied for this, they applied for a PUD over the entire development; however,
they have only asked for variances from standards on the townhome portion.
Councilmember Orttel thought it would have been wiser to do it as two separate deals but as long as
they know it and it can be cleared up in the ordinance that the PUD only applies to the detached
townhomes then it should not impact the rest of it.
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Regular Andover City Council Meeting
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Councilmember Trude stated when she looked at the PUD she wondered how you would satisfy
giving up the standards. She thought the trail is something that would be an enhancement. Could
they ask for improvements in the park if it is not considered a PUD?
Councilmember Trude stated she was looking for the trade offs and other than the trail, she could not
find any trade off. She thought they need to have more variation with the townhomes. Mr.
Neumeister stated the townhomes are adjacent to the park land. Along with the additional
requirements they are placing on them for improvements for the trail as well as the park
improvements, those are the benefits to the City.
Councilmember Trude indicated that there are some landscaping requirements the Planning
Commission looked at. Mr. Neumeister stated there is additional landscaping required that would
not otherwise be achieved around the units.
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Councilmember Trude thought it looked like none of the three developments would have an entrance
monument, which is usually a $25,000 cost for the development. Mr. Neumeister stated that without
a PUD, they would only see three or four single family lots created in the same amount of space. By
getting fourteen townhomes versus three single family homes, the City is benefiting by additional tax
base. As far as other improvements, he would look at park improvements and landscaping as the two
primary benefits.
Mr. Neumeister thought the custom grading aspect and the preservation of the natural areas could be
additional findings in granting the variance as well as the PUD.
Councilmember Trude would like to add a condition that they would have some different house
fronts for the fourteen townhomes. She thought this would add to the quality of the building. She
stated each home at a minimum will have at least two architectural components that differ from the
neighboring home.
Mr. Neumeister reviewed what components would be changed.
Councilmember Jacobson stated along 1 57th, beginning on the westerly boundary and extending to
the east, do they have a sidewalk along the north side of 157th. Mr. Berkowitz stated the proposal
shows a sidewalk from Nightingale on the north side of l57th to Jay Street. Councilmember
Jacobson stated he would like a trail along the entire north side of 157th for children who walk to
school, otherwise children will be required to walk along the road which is going to be smaller than
normal. lIDs is a condition he wants added.
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Mr. Byron Westlund, Woodland Development stated it did not make sense to him to push out a trail
when there is nothing to connect to. He indicated he is willing to put a trail in as part of the
development as long as there is something that takes the kids south to the school. Otherwise there is
a gap in the regional trail. The Council indicated they support that.
Councilmember Jacobson indicated he has a problem with the twenty-eight foot wide roads. He
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Regular Andover City Council Meeting
Minutes - January 17, 2006
Page 5
understood that if the road were wider, they would get in trouble with the DNR wetland delineations
but if they have fill, he wondered why Mr. Westlund did not take some of it and make the roads
standard widths. Mr. Westlund stated part of the reason is because it is a DNR designated wetland
and the DNR will not allow any fill. Councilmember Jacobson wondered if the DNR would allow
the developer to mitigate. Mr. Westlund indicated the DNR would not allow that.
Councilmember Jacobson wondered if there was going to be enough space on the ten acre parcel to
put in a trail without running into any problems. Mr. Westlund stated Hakanson, Anderson is
looking at that but they believe they can get the trail to Hanson plus do the mitigation and still have
future sites for mitigation. Mr. Berkowitz stated Councilmember Jacobson mentioned a sidewalk
along the north side of l57tb and that also would impact that. That would extend the width, which
would then have an impact to the DNR wetland, which the developer needs to avoid.
Councilmember Orttel thought the sidewalk would fit within the right-of-way because it is sixty feet
wide.
Mr. Berkowitz discussed the wetlands and easements with the Council to determine where a
sidewalk could go along the road.
o Councilmember Jacobson stated the back sides of some of the townhouses are pretty close to the
wetlands and he wondered if there will be decks on the backs of the homes that will infringe on the
wetlands and how will they prevent damage to the wetlands. Mr. Westlund stated they are already
figuring a porch and a deck on the townhomes in the site plan and they will not encroach into the
wetland areas. The Coon Creek Watershed has required them to put in their association documents
to talk about the wetland buffer strip and the fact that there will be no removal of that buffer strip.
Councilmember Jacobson wondered if the association would be the entire development or just the
PUD section. Mr. Westlund stated it would only be the PUD section of the development.
Councilmember Jacobson stated normally when a PUD is granted, the City gets something in return
other than more houses and more taxes. Mr. Westlund stated they attempted to address that in two
separate letters. They are seeing a mixed use and that would add more value. He noted they would
be getting the park, trail and additional taxes.
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Councilmember Jacobson stated there is a 10.66 acre parcel on the east side. They received a letter
from the Anoka County Highway Department saying that they are not going to allow any access to
that parcel from Hanson Boulevard so if they approve it the way it is, they are granting a lot status to
a parcel that is landlocked and they do not do that. He wondered if this is the correct interpretation
of accepting the parcel as a lot in this plat. Mr. Neumeister stated by creating the lot, they are
creating a non-buildable lot if it has no access from the County road but the County is taking away
the access. He suggested they combine this lot with the common area lot of the townhomes and
make it all one. City Attorney Sullivan stated he is not familiar with what the ordinance says about
that but it is an odd situation to create a lot without access and they do not know ultimately if the
County can enforce their assertion that they will not allow access to Hanson Boulevard. It seems the
lot is not a buildable lot so he was not sure where they are reducing value by denying the person of
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Regular Andover City Council Meeting
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any reasonable use of the property because they do not have any reasonable use of the property for
development purposes anyway.
Councilmember Orttel thought if it was combined with the other lot, it would not be able to be used
for mitigation because it would not be Woodland's property. Mr. Westlund stated they have talked
to Anoka County regarding this matter and it was his understanding that the County is willing to
grant temporary access to the property for the purpose of mining. At some time they would like to
see, once mining is done, that it could possibly be granted as a conservation easement to the DNR to
extend and then there would be an end to that lot.
The Council discussed with Mr. Westlund uses for the 10.66 acre parcel in the future.
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Councilmember Jacobson stated in the northwest corner of the plat there is a triangular piece that is
an outlot and eventually will be joined to the parcel next to it. He wondered how soon this will
happen. Mr. Westlund stated they have put that there for the property owner but have not been
approached by him so they do not know ifit will ever happen. Councilmember Jacobson wondered
who would own the outlot and care for it. He did not like having an outlot just sit there when it
could be combined with one of the existing lots. Mr. Westlund stated he could sit down with the
existing property owner to see ifhe would want to buy the outlot.
Mr. Neumeister clarified what they are getting for the PUD. Page six of the report indicates one
method of better satisfying the PUD design qualities would be for the developer to pay for the
construction of the neighborhood park improvements. In the Resolution on page eight, the park
dedication and trail fee paragraph does not read like it could. If they want to ask Mr. Westlund to
provide the land dedication. provide the park improvements and still pay the park fee per lot, that
condition number eleven needs to be rewritten to cover a much more extensive amount of
dedications on the part of Mr. Westlund's development to prove that he has provided all the types of
things the Council looks for in a PUD. He stated page six in the report alludes to it but the condition
in eleven does not spell it out. Mr. Westlund indicated they would be willing to contribute up to
$15,000 for the park.
Mayor Gamache thought there was also mention of the other developments contributing to the park
and he wondered if this has been discussed with them. Mr. Neumeister did not think so but the other
developments' requirements are to pay a per lot dedication as a cash payment.
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Councilmember Trude stated there is a problem on the front page of the resolution because there is a
big blank. for the Planning Commission findings and they need to get that figured out. She also
thought the heading should be changed to "Resolution Approving the Preliminary Plat which
includes a Planned Unit Development." And then they need to figure out if the Planning Commission
recommended the park be outfitted. Mayor Gamache thought that came from ARC. Mr. Neumeister
stated the Planning Commission wanted improved landscaping.
Councilmember Jacobson stated on 158th Lane, in Cardinal Ridge there is also a horseshoe that is
158th and he wondered if they could go straight across and combine the two horseshoes to make it
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Regular Andover City Council Meeting
Minutes - January 17, 2006
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one straight road. Mr. Berkowitz showed a drawing of the roadway connection. Councilmember
Jacobson stated withOlit this going across the top, all of the traffic has to go to the south to 1 57th and
then out onto 1 57th and they are putting all of the traffic out onto one road. Councilmember Trude
stated there would not be as much pressure for the Linnet connection if this was done because there
would be two accesses. Mr. Berkowitz stated this would impact the Allen property to the north.
Councilmember Orttel stated there would be two different players not involved that would have to
either give right-of-way or sell right-of-way in order for that to happen.
Mr. Neumeister stated there is a condition in the resolution that exhibits condition B. Item three
covers the landscaping.
Councilmember Trude stated the Attorney commented that they will need to change exhibit B for the
condition eighteen she added. They will have more than one house front, different architectural
components, which will need to be changed. Mr. Neumeister stated that will be changed as well.
Councilmember Trude stated it should state "the building elevations shall conform to the drawing
stamped or revised to meet condition of eighteen and with revisions as required". Mr. Neumeister
stated that is correct.
o Councilmember Orttel stated as he looked through the deviations and variations from their standards,
some are pretty severe. He did not understand the one on the buildability because the back setback
line is twenty-three feet but they need sixteen feet of that just for the setback of the wetlands and
would only leave seven feet or less for a deck. He wondered if they are including a variance from the
sixteen and a half foot setback line. Mr. Neumeister showed a detailed drawing of the development
indicating where the lot box would sit from the wetland setback.
Councilmember Orttel stated this type of development will have well above average types of homes
and they have a long history with the developer. The type of people that buy that type of home will
be aware of everything when they move in and they will not have problems. His problem is how
they explain to the next developer that these have a one foot front yard setback and is way beyond
what they have done before. They have to have this written so that someone does not come in with
the same request. He stated they are forced to deal with precedent and he wondered how they can do
this. He thought they should bulk up their comments so they can explain the reason why they
approved this.
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Councilmember Trude stated in the sketch plan they had driveways come off the streets then they
meet most of the requirements and there are so few homes are on these, she is not opposed to a
townhome development with a driveway because then the snowplows do not have to deal with the
snow and they do not have the issue of the setback and provides more privacy. At some point, they
are going to see this in other areas with natural settings where they can only get a very narrow
pathway to the home. She thought it would be more environmentally friendly to go back to the
proposal with the cul-de-sac on l57th and running driveways with a public sidewalk. 1bis would
impact wetlands less.
Mr. Neumeister thought the answer lay on page four. He looked at the City Planner's
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Regular Andover City Council Meeting
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Page 8
recommendation of page three referencing the lots and they need to be justified under the PUD
criteria, which are referenced on page four. All the criteria are setting up that these will be desirable
units and it meets what they need for snow storage with a good quality development. It is the grey
area of what a PUD is supposed to be. He noted there are no real standards anymore.
Councilmember Orttel stated anyone could come in and say they could comply with this. Once they
cross this line, chances are they will run into this again. They owe it to the City to protect
themselves so that in the future they can look and say the reason they did this is because of this.
Councilmember Trude wondered ifit is like the Tax Increment But/For Test. Mr. Neumeister stated
it is a very subjective thing and not the standard.
Councilmember Knight stated his concern is the wetland variance because they have gone over a
number of these where they are pretty particular about the distance of the house from the wetlands.
The issue that comes up is that there are wetlands with water and wetlands with grass. He thought
there was a difference between the two types and they have been pretty particular about that.
Councilmember Orttel thought they met that because the lots themselves make that area up.
Councilmember Knight wondered what type of wetlands they are. Mr. Westlund indicated they are
open water wetlands.
Mayor Gamache thought the reason they approved this one was because of the wetlands and they
wanted to stay away from it so they reduced the front so they could not get to the wetlands in the
back. Councilmember Trude thought the driveways are acceptable because she did not think: it was a
violation of the concept of using public versus private streets.
The Council discussed other developments they approved with variances.
Mr. Berkowitz asked for clarification on item 12 in the resolution. Councilmember Trude thought
this should state "sidewalk/trail" because it would be both. Mr. Berkowitz wondered if they were
going to commit to building their portion of the trail. Councilmember Orttel wondered if they had
the money to do this. Mr. Berkowitz stated he would need to review this.
Motion by Jacobson, Seconded by Knight, to move this item to the first meeting in February to allow
time for the staff to rewrite the resolution to include changes the Council requested and to allow the
developer time to negotiate with neighbors and staff the items brought up during discussion.
Councilmember Orttel asked for a rough estimate of what the City's portion of the trail would cost to
construct. Mr. Berkowitz indicated he would get that information.
Councilmember Trude asked Councilmember Jacobson in the motion, if the conversations will be
incorporated. Councilmember Jacobson thought staff would incorporate all of the things discussed.
Councilmember Trude suggested they have an alternative available for that night and they could
decide to either have the allocation of funds for the park or to find out the costs to get the trail done.
Mr. Westlund stated he would be willing to extend the regional trail from the end of their trail to
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Grey Oaks in lieu of the park. Councilmember Trude thought that would be good.
Mr. Dickinson stated they will fine tune some of the language. One of the items that was indicated
as relative to the Planning Commission was the reference to an updated landscape plan. The number
three does identify the landscape plan on exhibit B as point number three. They will fine tune that
and they will do some modifications to the park dedication trail fee to make that in the spirit of the
discussion for the PUD item. Working with talking about potentially utilizing the regional trail as a
part of that concept and they will come back with a proposal working with the developer. They will
add an item relative to architectural standards to have side by side units having different architectural
features. Councilmember Jacobson suggested they take a look at the 10.66 acre lot on Hanson to see
if they can keep it as a lot.
Motion carried unanimously.
CONSIDER REZONING/R-l TO R-4/SHAW'S GLEN/157TH & NIGHTINGALE ST NW
Shaw's Glen is a proposed residential subdivision north of Grey Oaks on 15ih Lane. The
development sits on 8.5 acres that are currently zoned R-l. The applicant is asking that the land be
rezoned to R~4 to accommodate the new subdivision.
Motion by Knight, Seconded by Trude, to approve the rezoning request based on the fact that times
and conditions have changed. Motion carried unanimously. (ORD. NO. 321)
CONSIDER PRELIMINARY PLAT/SHAW'S GLEN/157TH & NIGHTINGALE ST NW
The City Council is asked to review a preliminary plat for Shaw's Glen. The proposed II-lot urban
residential project is loca'ted north of Grey Oaks on 1571h Lane NW. Mr. Neumeister noted there is a
requirement that the sidewalk must be placed on the north side of 157th Avenue.
Councilmember Jacobson stated he has two questions regarding the plat; one pertains to the sidewalk
on the north side. That is on a piece of property that is not involved in any of the three plats. He
asked how the cost of doing that is going to be handled. Mr. Neumeister thought it would part of the
deferred assessments for the part that is not going to be directly assessed at this time.
Councilmember Jacobson stated in the back of the homes is a drainage and utility easement and a
proposed pond. They will have people putting up utility sheds and mowing it and he wondered how
the City would make sure that people are not doing things they shouldn't. Mr. Berkowitz stated
during the construction of the new homes they have an inspector who goes out and does grading
inspections to ensure the site has been graded according to plan. Long term, the way that is enforced
is through code enforcement. If someone puts a shed in the drainage and utility easement the Code
Enforcement Officer takes care of it through the proper procedure.
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The Council discussed with staff how the wetlands and drainage and utility easements would be
preserved in the back of homes. Councilmember Trude stated that it looks like the drainage and
utility easement runs almost the entire length of the lot.
Councilmember Trude wondered why the pond would be in the middle of the backyards and if this is
the only place to put it. This is a preliminary plat and she asked if we could have the developer re-
engineer the water storage. Mr. Mark Strandlund, developer, indicated the pond has been worked
over to make sure this is the best place to put it. He also noted that the back yard is all easement so
someone cannot put a shed back there. They are trying to keep it in its natural state.
Councilmember Trude noted that the people in Grey Oaks are paying $150 a month for an
association fee to maintain a golf course lawn and she felt there would be a lot of complaints if this is
left in its natural state. Mr. Strandlund committed to some type oflow maintenance bushes and that
he would work with staff on a landscape plan. Councilmember Orttel suggested a sign be put up to
identify the area as a drainage and utility easement so people know.
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Councilmember Jacobson stated in the resolution under item four, it says the developer shall be
responsible for the cost of construction of all improvements. He indicated they talked about the
north side lot which is an improvement but not in the plat. Is this the correct language to take care of
that? Mr. Berkowitz stated in the resolution, item 8, he thought covered the entire area
Councilmember Trude stated regarding the pond, this will be a part of the grading before the lots go
in and she wondered if the pond would be holding water most of the time. Mr. Strandlund stated the
pond will need to be graded to build up the building pads that are along l571h and also to build up the
berm that is going to be on the back and there will be water in the pond year round.
Mr. Neumeister thought item four should be expanded to include "except as described in item 8
below" .
Motion by Jacobson, Seconded by Knight, to approve the Preliminary Plat of Shaw's Glen subject to
the conditions of the attached resolution with an amendment to item four adding wording at the end
stating "except as described in item 8 below".
Councilmember Trude wondered at the Planning Commission meeting, there had not been
communication with the property owner to the side of the development that is going to remain a
single family home about moving their driveway. She wondered if that conversation has happened.
Mr. Strandlund stated that is a part of this plat and needs to be deeded back to the property owner so
that has been taken care of under their agreement.
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Councilmember Orttel stated there is a general issue where the three developments will be going in
together on the turn lanes on Nightingale Street and he wondered if that was written in too because
that is an off site improvement. Mr. Berkowitz stated it is written into item seven in the resolution.
Motion carried unanimously. (RES. R008-06)
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Regular Andover City Council Meeting
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CONSIDER REZONING/R-1 TO R-4/CARDINAL RIDGE/157TH & NIGHTINGALE ST NW
The City Council is asked to review the proposed rezoning to allow the Cardinal Ridge plat to move
forward.
Motion by Knight, Seconded by Trude, to approve the proposed rezoning with the findings provided
in the attached resolution. Motion carried unanimously. (ORD. NO. 322)
CONSIDER PRELIMINARY PLAT/CARDINAL RIDGE/157TH & NIGHTINGALE ST NW
The Council is asked to review a Preliminary Plat for Cardinal Ridge. The Council previously
reviewed a sketch plan for the proposed project. It is important to note that this project will be
coordinated with the Shaw's Glen and Woodland Crossings Plats as they will all share access to
157th Lane NW.
Mr. Neumeister reviewed the information with the Council.
Councilmember Trude stated she understood the split vote from the Planning Commission was
whether the road on the north should be squared off or not. Mr. Neumeister stated that is correct so
that Linnet could someday go to the north.
Councilmember Jacobson wondered if the right-of-way for Linnet Street is outside of the plat. Mr.
Berkowitz indicated it is.
Mr. Berkowitz showed on the map where the right-of-way is located and how if they squared off
Linnet Street, the road would look.
Mayor Gamache stated he did not have a problem with the way Linnet Street is currently.
Councilmember Orttel indicated they should leave it as a curve for now but make sure they have the
right-of-way so they could run the road through in the future.
Mr. Scott Allen stated they could leave it as a curve and never connect it to the north now that they
have the access out onto Nightingale on 1 59th Lane. He thought they could make Linnet Street as a
permanent cul-de-sac. Mayor Gamache thought this was a goal he would have but he had a feeling
that sometime in .the future there might be some pressure in the neighborhood to split some of the
lots. He stated this is unlikely but it could happen.
Councilmember Jacobson stated on page G2, the northern portion of the plat, there is an existing
structure and there are other existing structures through here and all are marked to be removed except
for this one. It is not marked to be removed but was indicated the person who is living there will live
there for a couple of years and will be moving when that area is actually done but there is nothing in
the resolution that says this needs to be done. He thought this should be in the resolution indicating
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Page 12
the house would need to be removed because it does cover two lots and does not fit any other way.
Mr. Berkowitz stated the developer has a purchase agreement with the property owner. They will
close on the property in August and at that time they will develop that area and grade it and the house
will be gone. In the meantime, they can require an escrow in the development contract that will
cover that to ensure that house will be removed. Councilmember Trude stated she is not concerned
with that but her concern would be rushing the people out of the home.
Councilmember Jacobson stated on the portion of the plat, on the east side that abuts Nightingale, the
Phmnine Commission had quite a bit of discussion regarding the pond and removing a lot of trees
that act as a buffer along there and there was discussion about planting more trees and replacing trees
along Nightingale between the ponds and he did not see anything that really addresses that. He
indicated number four kind of does but it does not say the number. Councilmember Trude wondered
if they could add a minimum.
Mr. Ben Minks, developer, stated they will look at the possibility of transplanting and moving trees
around within the development.
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Mr. Neumeister stated they should add to the end of the sentence ofitem 4 in the resolution "Shall be
approved at the time of final plat".
Motion by Jacobson, Seconded by Knight, to approve the proposed plat subject to the conditions of
and any modifications to the attached resolution. Motion carried unanimously. (RES. R009-06)
Councilmember Trude wondered if they need to have a motion for the curve in the road. Mr.
Berkowitz stated this would be added to the final plat.
PUBLIC HEARING/VACATION OF STREET RIGHT-OF-WAY/157TH LANE NW
Woodland Development, the developer of Woodland Crossings, is requesting that the road right-
of-way for the cul-de-sac at the east end of 157th Lane be vacated.
Councilmember Trude wondered if they should reconsider this at the next meeting. Mr.
Dickinson thought they should.
Motion by Orttel, seconded by Trude, to open the public hearing at 9:25 p.m. Motion carried
unanimously.
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Motion by Jacobson, seconded by Knight, to reconvene this item at the first meeting in February.
Motion carried unanimously.
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Page 13
CONSIDER CITY CODE AMENDMENT/DRY CLEANING PROCESSING IN
COMMERCIAL DISTRICTS
The City has been approached to change the allowable uses in the commercial zoning districts to
enable dry cleaning processing to be performed. In November, 200S the EDA heard reasons the
use should be allowed in the commercial area known as "Andover Station North" which is
located in a General Commercial (GB) zoning district.
Mr. Neumeister reviewed the staff report with the City Council.
Councilmember Trude thought they only looked at General Business so why is it listed in
Commercial. Mr. Neumeister indicated they looked at this City-wide but this is up to the
Council to decide where they want it.
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Councilmember Jacobson stated at their EDA meeting they discussed the number of machines
and the size and he wondered how they would fit it into their definition. Mr. Neumeister stated
the way this is worded "dry cleaning processing" is not very explanatory as to how big a facility
it is referencing here. He wondered if this is best handled through a Conditional Use Permit or
should they tighten up the language in the definitions to say "a dry cleaning process up to three
machines on site" or something like that. City Attorney Sullivan stated they could do it either
way, by defining what dry cleaning processing means in the definition section of the ordinance or
by making this as a conditional use and then establishing certain standards that have to be met in
order to have eligibility for a Conditional Use Permit and just by leaving it as is does not mean
very much.
Councilmember Jacobson asked how many machines would be at this location. Mr. Rudnicki
stated currently the proposal is to bring in one machine for processing. He noted that by trying to
define it by the number of machines, leaves it open to different sizeS and they will run the risk
either way of getting something they do not want by trying to put it in the language. If they leave
it just as a conditional use then they have the ultimate authority as to how big the operation is.
He thought the City left themselves much more open if they don't try and define and limit it by
serving a certain radius or serving a certain number of drop sites or by the number or size of the
machine.
Councilmember Knight suggested they give this back to staff for rewording with the City
Attorney's help.
Councilmember Trude stated she would like to have this as a Conditional Use in the General
o Business Zone which would be allowed in Andover Station North and South.
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Page 14
WAIVE PUBLIC HEARING/ADOPT ASSESSMENT ROLV05-29/14355 CROSSTOWN
BOULEVARDNW/SS& WM
This item is in regard to waiving the public hearing and adopting the assessment roll for 14355
Crosstown Boulevard NW for sanitary sewer and water main, Project 05-29.
Mr. Berkowitz reviewed the information with the City Council.
Councilmember Orttel removed himself from his position for conflict of interest.
Motion by Jacobson, seconded by Knight, to approve the resolution waiving the public hearing
and adopting the assessment roll for the improvement of water main for Project 05-29,14355
Crosstown Boulevard NW. Motion carried unanimously. (RES. ROlO-06)
The City Council recessed at 9:32 p.m.
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The City Council reconvened at 9:36 p.m.
CONSIDER 2006 OUTDOOR RECREATION APPLICATION ROUND/06-6
This item is in regard to considering DNR grant programs available for the 2006 application
round, Project 06-6.
Councilmember Jacobson stated if they put a pier out there, they would have to go a long way out
because it is so shallow. Mr. Berkowitz stated part of the process will be to dredge the lake.
Councilmember Orttel stated by doing this, they would probably get large boats on the lake
which may cause problems in the future. Be noted that large boats used to cause problems on the
lake and once they got rid of the large boats, they got rid of the problems.
Mayor Gamache stated last year they gave some money to take care of the milfoil problem and he
wondered if they could look for some money to help with the milfoil problem on the lake. Mr.
Berkowitz stated that is something he would need to look into to see if it would be eligible.
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Councilmember Orttel wondered what the conditions of this grant are. He saw that the
maximum grant is $25,000. He thought the cost with the dredging would be pretty high and he
wondered if Mr. Berkowitz knew what the total cost would be. Mr. Berkowitz stated there are
two different projects that they are going to combine but he did not have the information in front
ofbim. He thought the Crooked Lake project was pretty substantial.
Councilmember Orttel stated if they do allow bigger boats out there they will receive calls from
residents. Councilmember Knight stated it is hard to justify spending money on something
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Minutes - January 17, 2006
Page 15
where it will be so muddy that the pier cannot be used properly.
Councilmember Trude stated it would be wonderful to pursue those grants to renovate or to help
with Andover Station North ball fields.
Councilmember Knight wondered if a fishing pier would work on Round Lake. Councilmember
Orttel thought that would be a great lake to put a pier on.
Mr. Berkowitz stated they had a cost estimate of$125,000 to do the parking lot reconstruction,
dredging and fixing up the boat launch at Crooked Lake. The DNR Grant is for $20,000.
Motion by Trude, seconded by Orttel, to approve moving forward with both of the grant
programs. Motion carried 4 ayes, 1 nay (Jacobson).
DISCUSS APPOINTMENT/COMMUNITY CENTER ADVISORY COMMITTEE
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Mr. Dickinson indicated after a series of interviews in early January, the Council appointed
Devon Walton to the Planning and Zoning Commission. This now leaves a vacancy on the
Community Center Advisory Commission (CCAC). Mr. Walton was the Park and Recreation
Commission member serving on the CCAC.
Councilmember Trude stated Mr. Walton indicated he would still like to be on the Commission
as a non-voting member but wondered if Mr. Masloski on the Park Commission would be a good
candidate for this. Councilmember Orttel thought they should see if someone on the Park
Commission would want to take it over.
SCHEDULE EDA MEETING
Motion by Jacobson, seconded by Knight, to schedule an EDA meeting for Tuesday, February 7,
2006 at 6:00 p.m. Motion carried unanimously.
SCHEDULE COUNCIL WORKSHOP
Motion by Jacobson, seconded by Trude, to schedule a Special Council Workshop for Tuesday,
February 28,2006 at 6:00 p.m. Motion carried unanimously.
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ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the progress report on 2005-2006 Council
goals, significant city department activities, Legislative update and miscellaneous projects.
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Regular Andover City Council Meeting
Minutes - January 17, 2006
Page 16
Fire Chief Dan Winkel updated the Council on Fire Department activities in the City.
MAYOR/COUNCIL INPUT
(proposed Stadium Sales Tax) - Councilmember Jacobson stated four cities in Anoka County have
gone on record opposing the proposed Stadium tax. His feeling is that he would like to see the
stadium but he is not a fan of the extra tax. He did not think the Council should not go on record
opposing or approving this. Councilmember Trude stated she tells the people who have contacted
her regarding this to contact the County Commissioners. Mayor Gamache agreed and thought if an
individual Councilmember wanted to take a stand they could but the Council in general should not
take a stand on this. He thought a stadium in Anoka County would be great but it is a stadium for the
entire state and he thought everyone should pay for it along with some of the payments coming from
owners and other operations and it should not be just one County. He thought they were in that
situation now because there does not seem to be a leadership state wide.
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Councilmember Orttel stated he did have contact from someone in Oak Grove and in Ham Lake who
signed it. He personally thought it was a great idea they have a stadium but the financing is up to the
State Legislature and that is who they ought to talk to. He did not believe it was their business to get
involved in it. Councilmember Knight concurred but thought there has been an enormous amount of
money spent on lobbying for this by the County and that troubles him.
(Ballpark Advertising Task Force) - Mayor Gamache stated the Ballpark Advertising Task Force
met on January 12,2006. They went over a lot of different issues which was helpful. What they
have asked Mr. Vrchota to do is to discuss with Mr. Dickinson having Erik be involved in getting
advertisers. He stated the Associations have agreed what they would like to see and they would be
helpful in getting information to Erik regarding who would be interested in advertising. They did not
think they had enough volunteers to be able to handle that themselves so they agreed the money that
comes from the advertisements should be put back into the ball parks where the advertising is
purchased. They talked about making sure the signs are all designed similarly and to keep the money
going back into the fields for maintenance.
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Councilmember Trude has a concern with putting Erik in charge of anything besides the Community
Center advertising because she thought this was a conflict of interest for him. Mayor Gamache
stated what Erik would do is, because he has already contacted many of the businesses, find out if
they would like to advertise at some of the ball fields too. Councilmember Trude stated she is still
concerned because Erik is already stretched in many ways. Mayor Gamache stated they thought Erik
would be the main figure with the businesses but the associations are also going to work on getting
advertisers on their own. Mr. Dickinson stated they are evaluating if they can fit these items into
Erik's schedule.
Councilmember Trude did not think the funds should go to a particular park but should go into a
general fund for maintenance of all the fields. Mayor Gamache stated they are looking for a way to
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Regular Andover City Council Meeting
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come up with an idea on how they are going to work this plan without recreating something from
scratch. Mr. Dickinson stated organization is the biggest part of putting this together.
Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
adjourned at 10:23 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary