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HomeMy WebLinkAboutCC May 17, 2005 CITY OF NDOVE 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 17, 2005 Call to Order - 7:00 p.m. Pledge of Allegiance ProclamationlMediation Services Presentation Resident Forum Agenda Approval I. Approval of Minutes (4/12 Workshop; 4/19/05 Regular; 4/21 Special; 4/26 Workshop; 4/26/05 Board of Review; 5/3/05 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Bond Payments - Finance 4. Award Bid/04-46/Hanson Boulevard Trail- Engineering 5. Order & Approve Plans & Specs/Order Quotes/04-56/Navajo Street NW/SS Repair - Engineering 6. Order & Approve Plans & Specs/Order Advertisement for Bids/04-52B/Well #9/Pumping Unit- Engineering 7. Accept Feasibility Report/W aive Public Hearingl05-31 /13511 Round Lake Blvd. NW /WM - Engineering 8. Approve No Parking Resolutionl05-18/Wintergreen Street NW/Country Oaks West - Engineering 9. Approve Plans & Specs/Order Advertisement for Bids/05-18/Wintergreen Street NW & CSAH 20 Improvements - Engineering 10. Award Bid//04-32 (Crosstown Boulevard NW & Xeon Street NW) & 04-33 (Crosstown Boulevard NW & 159th Avenue NW)lIntersection Improvements - Engineering 11. Approve Change Order #1/05-3/2005 Crack Sealing - Engineering 12. Order & Approve Plans & Specs/05-13/City Hall HV AC Replacement - Administration 13. Approve Final Plat/Kimberly Oaks - Planning 14. Approve Final Plat/Country Oaks West - Planning 15. Consider Approval/Extension of Liquor License/Pov's Sports Bar- Clerk 16. Consider ApprovalfTobacco & Off-Sale 3.2% Malt Liquor Licenses/Croix Convenience - Clerk 17. Approve Refuse Hauler Licenses - Clerk 18. Adopt Resolution Amending Joint Powers Agreement/Cable Franchise - Clerk 19. Approve Community Center Advisory Commission By-Laws - Administration Discussion Items 20. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 21. Consider Request/FEMA Study Reimbursement/Pentagon Holdings, LLC - Engineering 22. Consider Preliminary Plat/Sophie's South - Planning 23. Consider Preliminary Plat/Silver Meadows West - Planning 24. Consider Residential Sketch PlanlWoodland Crossing - Planning 25. Consider Residential Sketch Plan/Cardinal Ridge (continued) - Planning 26. Consider Residential Sketch Plan/Kensington 7th Addition - Planning 27. Consider Accepting Petitions/Ordering Feasibility Report/05-34/Bluebird & Hanson Blvd.lIntersection Improvements - Administration , / Staff Item 28. Schedule Fire Station Tour - Administration 29. Schedule June City Council Workshop -Administration 30. Schedule EDA Meeting - Administration 31. Administrator Report - Administration Mayor/Council Input Adjournment C-crv,:-a..c.t Cv.v LuvJ:L..n (.p- 1-05 , REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MA Y 17, 2005 TABLE OF CONTENTS \ ) PLEDGE OF ALLEGIENCE .....................................................................................................1 PROCLAMATION/MEDIA TION SERVICES PRESENTATION ...........................................1 RESIDENT FORUM........ ................. .............. ......................... ......... ....... .............. ............ ...... ..1 AGENDA APPROVAL .............................................................................................................2 APPROVAL OF MINUTES.......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ...... ...................... .......... ..... ............. ................. ........... .............3 Approve Bond Payments ......................................................................................................3 Resolution R086-0S awarding Bid/04-46/Hanson Boulevard Trail.....................................3 Resolution R087-0S ordering & Approving Plans & Specs/Order Quotes/04-56/Navajo Street NW /S S Repair... ....... ..... ............. ......................... ............................ ............. .........3 Resolution R088-0S accepting Feasibility ReporUWaive Public Hearing/05- 31/13511 Round Lake Blvd. NW /WM ................... ....... ...... .......... ..... .............. .... ............ ...............3 Resolution R089-0S approving No Parking Resolution/05-l8/Wintergreen Street NW / Country Oaks West ..........................................................................................................3 Resolution R090-0S approving Plans & Specs/Order Advertisement for Bids/05-l 8/ Wintergreen Street NW & CSAH 20 Improvement ........................................................3 Resolution R091-0S awarding Bid/04-32 (Crosstown Boulevard NW & Xeon Street NW) & 04-33 (Crosstown Boulevard NW & 1 59th Avenue NW)/Intersection Improvements ..................................................................................................................3 Resolution R092-0S approving Change Order #1/05-3/2005 Crack Sealing .......................3 Resolution R093-0S ordering & Approving Plans & Specs/05-l3/City Hall HV AC Replacement ....... ......... .... ... ..... ....... ......... ......... ............................. ........ ............ ....... .... ...3 Resolution R094-0S approving Final PlatlKimberly Oaks...................................................3 Consider Approval!Extension of Liquor License/Pov's Sports Bar .....................................3 Consider Approva1ffobacco & Off-Sale 3.2% Malt Liquor Licenses/Croix Convenience ....... ......... ....... ..... ...... ........ ............. ............. ...... .......... ..... .............. .............4 Approve Refuse Hauler Licenses.......... .............................. .................. .......... ........... ...........4 Resolution R09S-0S amending Joint Powers Agreement/Cable Franchise..........................4 Approve Community Center Advisory Commission By-Laws ............................................4 Approve Bid/Sale of Used Equipment.......... ......... ........................................ ............ ...........4 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ................. .............. ....... ....... .... ............... ............. ...................... ......... ...... ............ ..4 ORDER & APPROVE PLANS & SPECS/ORDER ADVERTISEMENT FOR BIDS/ 04-52B/WELLS #9/PUMPING UNIT Motion to approve (Res. R096-0s)........................................................................................4 APPROVE FINAL PLAT/COUNTRY OAKS WEST Motion to approve (Res. R097-0s)........................................................................................5 CONSIDER REQUEST/FEMA STUDY REIMBURSEMENT/PENTAGON HOLDINGS, LLC Motion to Table ......... ............ .......... ........................... .......... ............................. ....................6 '. ; Regular Andover City Council Meeting Minutes - May ]7, 2005 Table of Contents Page ii CONSIDER PRELIMINARY PLAT/SOPHIE'S SOUTH Motion to Approve (Res. R098-0S) ......................................................................................7 CONSIDER PRELIMINARY PLAT/SILVER MEADOWS WEST Motion to Approve (Res. R099-0S) ......................................................................................11 CONSIDER RESIDENTIAL SKETCH PLAN/WOODLAND CROSSING ............................12 CONSIDER RESIDENTIAL SKETCH PLAN/CARDINAL RIDGE .......................................15 CONSIDER RESIDENTIAL SKETCH PLAN/KENSINGTON 7TH ADDITION ....................16 CONSIDER ACCEPTING PETITIONS/ORDERING FEASIBILITY REPORT/05-34/ BLUEBIRD & HANSON BL VD/INTERSECTION IMPROVEMENTS Motion to Approve (Res. RI00-0S) ......................................................................................18 SCHEDULE FIRE STATION TOUR ........................................................................................23 SCHEDULE JUNE CITY COUNCIL WORKSHOP ................................................................23 SCHEDULE EDA MEETING ...................................................................................................23 ADMINISTRATOR REPORT ...................................................................................................24 MAYOR/COUNCIL INPUT East Bethel Letter....... ....... ......... ............... ................ ...................... ............. .............. ........ ....24 ADJOURNMENT ......................................................................................................................24 REGULAR ANDOVER CITY COUNCIL MEETING-MAY 17,2005 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 17,2005,7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, ilndover,MinnesoUL Councilmembers present: Don Jacobson (arrived at 7:25 p.m.), Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others Councilmember absent: Also present: PLEDGE OF ALLEGIANCE PROCLAMATIONIMEDIATION SERVICES PRESENTATION Mayor Gamache read a proclamation to the community proclaiming Thursday, May 24, 2005 as Mediation Services for Anoka County Day in Andover. RESIDENT FORUM Mr. Carroll Abbott. 2917 l42nd Lane NW -expressed to the Council his praise and appreciation to an Anoka County Deputy Sheriff and Sheriff's Department in general for their action during a very serious situation which probably saved the lives of one or more Andover residents. It also saved probable destruction oftheir home. The situation concerns the u.s. Marshals. They had two people that lived in St. Paul and were wanted; however, those two people could not be located. The Marshals then discovered that two people by the same name living in the same household were Andover residents. The Marshals did not do further background checks so they decided that these residents were the ones they wanted. The Marshals were within minutes of taking the house down. The Deputy asked who these residents were. He knew the residents and stopped the Marshals in their tracks. He recently returned from an extended vacation and did not expect this. Mr. Winslow Holasek - 1159 Andover Boulevard, asked in Item 6 of the consent agenda where the location of the well and pump house would be. Councilmember Orttel suggested they could move this item down to discussion. Regular Andover City Council Meeting Minutes - May ]7, 2005 Page 2 AGENDA APPROVAL Remove from Consent Items for discussion Items Item 6, (Order and Approve Plans & Specs/Order Advertisement for Bids/ 04-52B/WelI #9/Pumping Unit); and Item 14, (Approve Final Plat/Country Oaks West). Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES April]2, 2005, Workshop Meeting: Not received. April]9, 2005, Regular Meeting: Correct as written. April 2], 2005, Special Meeting: Correct as written. April 26, 2005, Workshop Meeting: Correct as amended. April 26, 2005, Board of Review: Correct as written. May 3, 2005, Regular Meeting: Tabled. Councilmember Trude asked that the April 12, 2005 minutes not be approved because Council did not receive the minutes. Motion by Trude, Seconded by Orttel, approval of Minutes of April 19th and 2151 as indicated above. Motion carried unanimously. Councilmember Trude stated she has a number of changes. On page 8, they were discussing transportation and she did not think her comment was clear "Councilmember Trude stated the railroad overpass on Bunker should be included in the transportation plan. scgregation of Bunkcr should bc includcd". She noted she was talking about an overpass of the road. Councilmember Trude stated on page 10, there was a statement that some words are backwards, the second paragraph, "the developers are getting homeowners upset because homeo',vncrs of cutting Red Oaks". . / Councilmember indicated on page 11, there was a discussion regarding advertisements in the parks and she had a strong opinion along with another Councilmember on that and it is not in the minutes and she would like it added. "Councilmember Trude stated she was opposed to this at Sunshine Park because of aesthetics and it being such an open park." Councilmember Trude noted on page 12, there is a word "Trowel" and should be "Trail". On page 13, a vote was recorded wrong. It was a motion by Councilmember Orttel and seconded by Councilmember Jacobson to approve option 3, leaving Xeon Street as gravel. The motion did not Regular Andover City Council Meeting Minutes - May 17, 2005 Page 3 pass unanimously, it passed on a 4-1 vote and she objected. Motion by Trude, Seconded by Orttel, approval of Minutes of April 26, 2005 Workshop as indicated above. Motion carried unanimously. Motion by Trude, Seconded by Knight, approval of Minutes of April 26, 2005 Board of Review as indicated above. Motion carried unanimously. Councilmember Trude requested these minutes be tabled to have additional information added. There are two places she would like the actual fIlm to be reviewed. One is she made a motion on a variance for lighting at Prairie Knoll Park and she thought the minutes needed to reflect the reason the variance was granted and she did state those and the minutes just show "because of restrictions" and she wanted the minutes to state whatever she said at the meeting. This would be on page five. The second one is in the discussion from pages thirteen to fifteen, none of her comments or questions were included in the minutes and it was a very extensive discussion and she would like the minutes reviewed to have some of her comments and questions that were answered inserted into the minutes. Motion by Trude, Seconded by Knight to, table the minutes ofthe May 3,2005 Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Item 7 Item 8 Item 9 Item 10 Item 11 Item 12 Item 13 Item 15 Item 16 Approval of Claims Approve Bond Payments Award BidJ04-46/Hanson Boulevard Trail (See Resolution R086-05) Order & Approve Plans & Specs/Order Quote/04-56/Navajo Street NW/SS Repair. (See Resolution R087-05) Accept Feasibility ReportJWaive Public Hearing/05-31/13511 Round Lake Blvd. NW/WM (See Resolution R088-05) Approve No Parking Resolutionl05-l8/Wintergreen Street NW /Country Oaks West (See Resolution R089-05) Approve Plans & Specs/Order Advertisement for Bids/05-18/Wintergreen Street NW & CSAH 20 Improvements (See Resolution R090-05) Award Bid/04-32 (Crosstown Boulevard NW & Xeon Street NW) & 04-33 (Crosstown Boulevard NW & 1 59th Avenue NW)/Intersection Improvements (See Resolution R091-05) Approve Change Order #1/05-3/2005 Crack Sealing (See Resolution R092-05) Order & Approve Plans & Specs/05-l3/City Hall HV AC Replacement (See Resolution R093-05) Approve Final PlatlKimberly Oaks (See Resolution R094-05) Consider ApprovallExtension of Liquor LicenseIPov's Sports Bar Consider Approvalffobacco & Off-Sale 3.2% Malt Liquor Licenses/Croix Convenience / Regular Andover City Council Meeting Minutes - May ]7, 2005 Page 4 Item 19 Item 19a Approve Refuse Hauler Licenses Adopt Resolution Amending Joint Powers Agreement/Cable Franchise (See Resolution R095-05) Approve Community Center Advisory Commission By-Laws Approve Bid/Sale of Used Equipment Item 17 Item 18 Motion by Trude, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Kevin Halweg, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Knight asked if the D WI's have increased since the bar closing time was extended. Sergeant Halweg thought they have very aggressive Sheriffs in Andover and he did not think the change in bar closing time made a difference. ORDER AND APPROVE PLANS & SPECS/ORDER ADVERTISEMENT FOR BIDS/04- 52B/WELL #9/PUMPlNG UNIT. City Engineer Berkowitz stated the City Council is requested to order and approve plans and specifications and order advertisement for bids for Project 04-52B, Well #9, Pumping Unit. Mr. Berkowitz stated this is for the actual pumping unit for the well. He indicated on the site where the well is going to be drilled, 1157 Andover Boulevard, there will be five trees removed. There will be additional trees that will be removed as they construct the transmission line; they are all in the County right-of-way. Mr. Holasek asked if the well will be drilled where the large oak trees are. Mr. Berkowitz showed on the site map where they will be drilling for the well. He indicated where the trees will be removed. Councilmember Jacobson arrived at 7:25 p.m. Councilmember Trude asked if the trees are red oaks and would they be far enough away from other oaks to prevent oak wilt. Mr. Berkowitz stated they will work with the forester on preserving the trees. -' Councilmember Orttel wondered if they could drill the well in the open area so they would not need to cut down trees. / Regular Andover City Council Meeting Minutes - May ]7, 2005 Page 5 Mayor Gamache asked if there is a reason to put the well in the trees. Mr. Berkowitz stated there would be added costs to extend the well further in the field. Councilmember Orttel thought it was worth looking at moving the well further east to save the oaks. Mr. Berkowitz stated he would look into this and review what the Department of Health reqmres. Councilmember Trude wondered ifit made sense to improve the entrance of the site when the street has not been improved. Mr. Berkowitz stated all of their well entrances have paved surfaces with concrete curbing. Councilmember Trude suggested in the future they not consider having an improved entrance to the well site if it is off an unimproved road because it seems unusual to put a paved driveway to a well that is not even a building when it is off a gravel section of road in a ditch area of town. Motion by Knight, seconded by Orttel, to approve the resolution ordering and approving plans and specifications and ordering the advertisement for bids for Project 04-52B, Well #9/Pumping Unit. Motion carried unanimously. (Res. R096-05) APPROVE FINAL PLAT/COUNTRY OAKS WEST Councilmember Trude noted she had this item pulled because as she looked through it she remembered they had an area that was a PUD and she was looking at the resolution on the final plat and was not sure if they need a reference to the fact there will be a townhome association with those documents. Mr. Dickinson stated those items are identified in the "Now therefore be it resolved", items 6 and 9. Motion by Trude, seconded by Jacobson, to adopt the attached resolution approving the final plat with conditions with credit for park grading and improvements according to plans approved by engineering staff. Councilmember Jacobson stated he asked the staff about the park. They had discussed at one time about the developer putting in improvements and grading and everything else and he did not see anything in the report about that. Mr. Dickinson stated the Council did discuss that and there was a particular amount that was tied to the plat which was a given amount, what was going to be contributed as a part of cash. The other part was in kind providing for park improvements and play structure. Until they complete the actual construction of that, then they will give them credit and if they do not meet the actual requirements of it then they would have to shore up what is needed. \ / Councilmember Trude asked if this could be deducted against the $192,000 park dedication. Councilmember Jacobson stated his point was the discussion was they were going to be grading Regular Andover City Council Meeting Minutes - May 17, 2005 Page 6 it and possibly putting some improvements in. If they are going to be doing this later, it should be reflected in this because the way it is written, it is silent about that. Mr. Dickinson stated they would equate the improvements to a cash value and reduce that. Councilmember Jacobson thought they should amend item five to include the verbiage they are talking about now. The second point on that is they never decided how much because they were proposing some other things that the Park Board did not think were needed. Councilmember Trude suggested amending the motion to read "with credit for park grading and improvements according to plans approved by engineering staff'. Motion carried unanimously. (Res. R097-05) CONSIDER REQUEST/FEMA STUDY REIMBURSEMENT/PENTAGON HOLDINGS, LLC City Engineer Berkowitz explained this item is in regard to a request from Pentagon Holdings, LLC regarding the FEMA Study that was done by and paid for by Pentagon Holdings, LLC (Developers of Country Oaks West). Pentagon Holdings, LLC is requesting the City reimburse them for all expenses due to time and effort put forth by Pentagon Holdings, LLC for the hydrological study that was required to determine critical flood elevations for the Country Oaks West development. Councilmember Orttel asked if this study was done on other properties besides Pentagon's property. Mr. Berkowitz stated the study is now public information. Councilmember Jacobson stated if this is in the public domain and provided to the public free of charge, how did they end up paying for it and not being able to charge anyone back for it. Mr. Dickinson stated it is a challenge. Part of the reason is because they did not have a study to appropriate the costs. Councilmember Jacobson wondered ifthe City had to do the study. City Attorney Hawkins stated he was not sure how they came to the conclusion that it is in the public domain. He thought this was the same as aerial mapping and he did not know why they could not charge for this. \ Councilmember Knight thought the City would have done this study anyway but it would have taken longer. Mr. Berkowitz stated eventually for development to move forward in the area where the study was conducted, it would have been needed. Councilmember Knight stated if the City would have done it, it would not be in the public domain. Mr. Berkowitz stated they put it forward to the developers at that time that they could put it in the public domain. They would have to go through a process and review the benefiting properties and then set a fee as to how much the study would have cost. The developers understood that it would have delayed their development. , ' Councilmember Jacobson stated he did not have a problem with paying for a study they would have / Regular Andover City Council Meeting Minutes - May 17, 2005 Page 7 to do anyway but his concern is that they can get paid back. Mr. Berkowitz stated the way he understood it was once FEMA approved this, it is public information. Councilmember Jacobson suggested this be tabled for the City Attorney and staff to review for reimbursement. Motion by Jacobson, Seconded by Orttel, to table this item until the June 7, 2005 City Council meeting to allow review by staff and the City Attorney. Motion carried unanimously. CONSIDER PRELIMINARY PLAT/SOPHIE'S SOUTH Community Development Director Neumeister stated the City Council is asked to review a preliminary plat containing 85 urban residential lots. The City Council reviewed the sketch plan for this development at the March 15, 2005 meeting. Councilmember Jacobson stated he read in the report from the City Administrator that the City had been approached by Mr. Holasek to provide through the plat, sewer service to a future development / outside the plat. It was indicated that if that were to happen, the sewer would have to be a little deeper and he would have to pay for that. He wondered what the status of that is and is that an official request. Mr. Berkowitz stated the plan was to look at this a little more in-depth and bring this back to the Workshop. Councilmember Jacobson asked ifthey were prejudicing anything there by what they are doing tonight. Mr. Berkowitz indicated they were not. Councilmember Jacobson asked on the east side of the railroad tracks, there is an outlot from this plat, not being platted and he has a concern with leaving that out. He wondered how the developer planned on handling that outlet on the east side. Mr. Neumeister stated similar to what was done on Sophie's Manor; they could require this be connected to properties on the east at a time when developed. Councilmember Jacobson wondered if they could legally require the developer of Sophie' s South to give or sell that to those people and make it a condition of that plat. City Attorney Hawkins stated he did not know how they can do that. He did not know how else they can deal with this except to leave it as an outlot because it cannot be connected to the plat, it is separated by the railroad track. Councilmember Orttel stated this is a pipeline easement. Councilmember Jacobson thought this should be addressed someway in the resolution. Councilmember Trude stated on the west side of the development, where it looks like a cul-de-sac, does not really fit the sketch plan that Mr. Holasek submitted to them. Mr. Neumeister believed this was on the original sketch plan. The Fire Chief would have liked to have seen the connection there so by bringing it as close as possible to the south lot line without actually touching it, it kept some options open. Maybe they want to bring this further south to make this connection. Councilmember Trude wondered if it does go through with the other lots designed around it, kind of I Regular Andover City Council Meeting Minutes - May ]7, 2005 Page 8 a half moon shape there, how would Mr. Holasek develop his land to fit the rest of the cul-de-sac. She did not think this works. Mr. Neumeister stated they would probably narrow the street down to a typical street and then the lot on the inside of the curve on the east side of the cul-de-sac would gain more lot area. Councilmember Trude wanted to make sure that this does not prevent the next plan in from developing in a logical way. She stated the problem is Crosstown is not an east/west street so all the land abutting it is dividing up awkwardly. Mr. Holasek's plans for his land were shown to the Council. Mr. Holasek passed out a letter to the City Council. Mr. Holasek noted there was a letter he gave to the Planning Commission regarding this item which did not get put in the Council's packet. He stated the two items they addressed at the Planning meeting were that they should reserve Avocet to get out and they do not think this is a good design for the cul-de-sac. Mr. Holasek stated he has discussed the plans with the development with the original exit going out onto Yellow Pine. The residents in the area were not pleased with that. He provided his own plans for his property and did not want a connection on Yellow Pine going into his development. Mr. Holasek explained the developments and connection with the Council. Councilmember Orttel stated at the very southwest extremity of the plat, there is a lot fifteen and he wondered what was happening with that. Mr. Neumeister stated that is their sewer easement. Councilmember Orttel stated the lot is not build-able. Mr. Neumeister believed it is. Councilmember Orttel stated it did not look like it is to him. Councilmember Trude thought Yellow Pine was not an improved access to Crosstown. She stated most people want to get out onto Hanson. Mr. Berkowitz stated as they review this through ARC, they always look for accesses. The more connections they have the safer it is and the less traffic. Traffic can be distributed more with more options. Councilmember Trude asked as Xeon comes out as a State Aid Road in the future to Andover Boulevard they could actually have people living in Winslow Hills wanting to get east to take Xeon out as Hanson gets busier. Mr. Berkowitz stated that is correct. As this get fully developed, they will have another option to go south. Councilmember Jacobson stated in the Resolution, Item nine discusses the emergency access road right-of-way of Avocet but when he goes to the plan, it shows up as a lot. It does not indicate that there is a temporary sixty foot wide emergency exit at that point and he was wondering what the ltatus of that is. Mr. Dickinson stated it was a comment made from the drawing that was presented. They have not presented a new drawing so before it comes back for final plat, that is something that will need to be a condition. / Regular Andover City Council Meeting Minutes - May ]7, 2005 Page 9 Councilmember Jacobson noted the dimensions of the outlot by the railroad tracks for the City Attorney to consider. The Council discussed with staff the outlot and emergency access road. Councilmember Jacobson noted this is conditioned on rezoning because it is not zoned properly. He wondered when staff proposes to bring the rezoning to them because that has different requirements for voting. Mr. Neumeister stated this would be at the June 7th Council meeting. Mr. Todd Ganz, Merritt Development, asked if staff could give a better explanation as to why Xeon is the preferred access instead of Avocet. Mr. Neumeister stated their transportation plan shows a north/south collector route and there were many meetings to fmd the appropriate exit which Xeon was the entrance the County agreed with. Mr. Ganz wondered why they need to be so far back from the Railroad tracks. Mr. Berkowitz stated there are geometric requirements in the design. It is the minimum requirement per the County's geometric design. ; Mayor Gamache stated part of it has to do with the right turn lane at Xeon on the other side of the street. This is being based on what was done at the other side with the right turn lane in connecting it up. Mr. Ganz wondered why the County will not allow Avocet to exit or enter onto their County road on their plat. Mr. Berkowitz stated the County has a spacing guideline requirement and this location does not meet their spacing guideline. The Council discussed with the applicant the tumback of Crosstown to the City along with the entrances to the development. Mr. Holasek stated Mr. Ganz wondered why they could not use Avocet. In the report there is a letter from Jane Rose at the County explaining the reasons for this. He wondered why the emergency access would be denied in one area but approved in another. The other thing is, if they were to connect the street through, there are going to be some odd shaped lots on the street. The other thing is his desire to develop a different way. Ifthey were to put the cul-de-sac in, would his development be forced to connect to that street because he thought that would be the deciding factor whether they develop or not. If his property does not develop, the streets will connect and the City will have to live with the way it is for a long time. '. Mr. Holasek wondered why the street is not already sixty feet wide. Mr. Dickinson indicated the street is sixty feet wide, it would just need to be shifted for alignment. Mayor Gamache did not think they would get County approval for connections. By having Xeon Street going out to Crosstown and having that the main access into that development has not caused any problems for the residents in that development. He does not have a great concern about I Regular Andover City Council Meeting Minutes - May ]7, 2005 Page 10 dropping the cul-de-sac down. He did not think Mr. Holasek would see a lot of access out to Yellow Pine, not anymore than he would see once the entire development would go through with access down to 148th. He thought the safest access point is to tie this one in to the development that is going to go to the south because they want as few crossings at Crosstown as possible. They do not have control over Crosstown at this point and even if they do, the speed limit may not be lowered. Councilmember Orttel asked what the concept oflot 15 will be. Mr. Dickinson thought this would be a trail because he did not think the County would want an emergency access going out onto Crosstown Boulevard. Councilmember Orttel thought lot 15 was the only option because the County will not allow them to connect at Avocet. Mr. Berkowitz stated the County will allow a paved emergency access. The restrictions would be that it would need to be fully gated from one end ofthe trail to another and they will not allow a paved surface within the right-of-way. Councilmember Knight wondered if the County would allow them to install a culvert in the ditch for the trail to go over. Mr. Berkowitz stated they would not. They are discussing with the County allowing them to put gravel underneath the surface and then sod over the top so there is a solid surface to drive over. . / Councilmember Trude is concerned that there will be ninety houses potentially without another outlet anywhere if Mr. Holasek does not bring a sketch plan forward. She thought they need to preserve an access for safety because it could sit there for a long time with only one access. Mayor Gamache stated he would be willing to go with lot 15 and remove 8 and 9 from the original plan. Councilmember Orttel stated if they took out number 8 and changed number 9 to say emergency vehicle access road through lot 15. Councilmember Trude wondered for their transportation plan, they have Xeon beginning in only one place. Mr. Berkowitz stated there are designated collector streets throughout the City. He showed Xeon Street in the transportation plan was actually closer to the railroad tracks but once they found out what was proposed was as close to the railroad tracks as possible, they moved it. Mr. Neumeister stated they mentioned in the report that Xeon Street will be a very low volume collector street, which is not much more than a local street. \ , / Motion by Jacobson, Seconded by Knight, to approve the preliminary plat, subject to the conditions in the attached resolution, deleting number eight and changing number nine to read "contingent upon a trail which could function as an emergency vehicle access on the west side oflot 15, block 1." And add "the cul-de-sac on the west end of l52nd Lane NW be moved to the property line and easements be taken out oflot 15, block 1 and lot 1, block 2, to provide for a potential future street through the area and Outlot A on the east side of the property tracks would be offered to adjoining property owners at the time of their development". Councilmember Knight asked if they were doing something with ten. Councilmember Jacobson Regular Andover City Council Meeting Minutes - May 17, 2005 Page 11 stated if they put a trail on the pipeline easement on lot 15 that should take care ofthe situation. Councilmember Trude stated her only concern is that this would mean Mr. Holasek would not bring his sketch plan forward so this would sit for a very long time without any connections. She wondered if Mr. Holasek did bring plans forward in the future, could they evaluate connections so there would be connections but at different locations. Councilmember Jacobson thought at this point they need to look at the logical connections and provide access points for the future like they do with other plats. He felt this is a logical spot to look at a connection. He thought no matter what, Mr. Holasek will have roads going up to the Yellow Pine connection so there will be a lot of traffic going up there whether they put the connection in or not. Motion carried 4 ayes, 1 nay (Trude). (Res. R098-05) CONSIDER PRELIMINARY PLAT/SILVER MEADOWS WEST Community Development Director Neumeister explained the Council is asked to review a preliminary plat containing 15 rural residential lots. The Council previously reviewed a sketch plan for this project. Councilmember Knight asked ifthe County is going to say the same thing about Avocet on this plat. Mr. Berkowitz stated they are suggesting a paved trail with a gate. Councilmember Jacobson asked if there was a possibility of why they cannot do that. Mr. Berkowitz stated the County would not allow this access point because of spacing guidelines. Councilmember Jacobson stated because these are very large lots, they have only six or seven homes. He did not think that situation is that bad. He asked what is at the end of the cul-de-sac going out 7th Avenue. Mr. Berkowitz indicated this would be an emergency access that is gated on both sides. Motion by Orttel, Seconded by Jacobson, to approve the Preliminary Plat subject to the conditions of the attached resolution. Motion carried unanimously. (Res. R099-05) The Council recessed at 9:11 p.m. The Council reconvened at 9: 18 p.m. , CONSIDER RESIDENTIAL SKETCH PLAN/WOODLAND CROSSING Community Development Director Neumeister explained the Council is asked to review a sketch plan containing 22 traditional single family and 14 smaller building sites with a larger common area maintained by an association. The Sketch plan is expanded to include all of the proposed Regular Andover City Council Meeting Minutes - May ]7, 2005 Page 12 developments in this neighborhood. Councilmember Orttel stated in looking at the southeast corner of the plat, the County did not want access to Hanson and he noticed there appears to be 100 feet ofhigWand between the two wetland markers. Mr. Berkowitz stated there is a high area ofland and the County indicated to the developer that they would not allow access in that area onto Hanson Boulevard because of spacing guidelines. Mr. Berkowitz showed on the map the proposed connections. Councilmember Trude asked how many lots will be in the area. Mr. Berkowitz stated his count was 98 units for Woodland and Cardinal Ridge, the Putnam property and Shaw's Glen. Councilmember Jacobson stated he would object to the narrow private roads. He thought the roads should be regular sized City roads. Up in the northern part of the plat he noticed a proposed park and he would like them to consider something else besides a park for the wetland. He thought there needed to be a connection onto Hanson. They need to fmd an alternate route because the property owner in the middle has indicated he does not want to develop at this time. He was not sure if this is the right spot for the proposed l58th. , , Mayor Gamache asked if the private drives are there because of the wetlands. He agreed with Councilmember Jacobson. They have done this at Shadowbrook and they always seem to come back to them. Mr. Jesse Westlund stated the private drives do not exceed the minimum cul-de-sac length set by the City and this also would eliminate the amount of wetland impact that would go out to the areas of upland. They are connected by high ground and by doing a private drive they would be eliminating the amount of wetland impact they would have to get to those areas of upland. Mayor Gamache asked if it would be possible to make these full length City streets. Mr. Westlund stated it is possible but then they would have to look at the costs that would go into that. Councilmember Trude stated there is a difference between a private drive and a private street. She asked what the difference is. Mr. Westlund explained the differences between the two. Mr. Westlund wondered if the Council would entertain the idea of variances for some of these lots in order to do that. Mayor Gamache asked if the houses on the wetlands would be townhomes. Mr. Westlund indicated they would be detached townhomes. Mr. Dickinson stated the question is if the Council would allow a PUD on this plat. Mayor Gamache thought these would be nice looking townhomes with the wetlands surrounding them. He would not have an issue moving forward with this. ,. Councilmember Trude stated she did not mind the townhomes on the northeast area after reviewing the plans. She would want to look a little more closely at the tradeoffs. She thought it would be nice if they did not have a private road again. \ J Regular Andover City Council Meeting Minutes - May ]7, 2005 Page 13 Mr. Neumeister indicated the Park Commission reviewed this and wanted what is on the north side of the cul-de-sac to become park. The two lot units on the north side ofthe cul-de-sac will probably be lost to park. Mr. Westlund recalled it was on the south side ofthe private road. Mr. Neumeister stated in discussing this with Todd Haas, he indicated this needs to be moved south. Mr. Neumeister indicated the Park Commission is looking for more land than was originally proposed which was the very narrow little piece on the curve of the horseshoe shaped street. Councilmember Trude wondered what type of park the Park Commission is looking for. Mr. Neumeister indicated the Commission wants a basketball court, tot lot and picnic shelter for this park. Councilmember Jacobson thought they decided they were not going to allow any more private streets. Councilmember Orttel stated those are private drives and he thought the difference was they were only going to allow private drives, not streets. Councilmember Jacobson stated there was just a concern over the width of the streets. Councilmember Jacobson wondered about Killdeer Street because the owner does not want to develop. Mr. Berkowitz stated the way Killdeer laid out in the sketch plan, the entire street is on the parcel they are looking at developing. It butts right up to the Putnam property. On the other side, right-of-way has already been taken through that property so there is a portion of that right-of-way on the Putnam property but it already has been designated as right-of-way. Councilmember Jacobson asked if the developer is willing to put in Killdeer and everything else at his cost. Mr. Westlund stated they would be looking at doing a429 for that project. Mr. Westlund felt they are offering a great benefit to Mr. Putnam's property because he could potentially develop ten to twelve single family lots. Councilmember Jacobson stated they have a policy where they do / not force anybody to develop if they do not wantto. Mr. Byron Westlund stated all of the developers are looking at a 429 process possibly in the entire area. Councilmember Knight stated he could not recall where they ever assessed people who did not want to develop. Councilmember Jacobson stated this would be a huge 429 assessment for this owner and he would be forced to develop because he would not be able to afford it otherwise. Mr. Dickinson stated one other concept they have looked at on these properties is a reimbursement agreement with the developers. Mr. Westlund indicated this is another option and they have done this in other cities but for them that issue would also have to be addressed with Cardinal Ridge and the project to the south. He thought this is something that could be worked out but they are at the meeting to look for some direction on the property. , Mr. Westlund indicated on the park location, what was agreed upon was to sit down with staff, particularly Mr. Haas, and get a diagram as to the size of those courts and what they want and then pick an area and be able to sketch those out. It was his understanding that the Park Commission is / Regular Andover City Council Meeting Minutes - May 17, 2005 Page 14 looking at a half acre to maybe a three-quarter for those things. Councilmembcr Knight asked if Mr. Westlund has considered running a street up the development north and south. Mr. Westlund stated ifthey do they would not meet the lot depth. Mr. Neumeister explained why the north/south street would not be feasible for the development. Councilmember Trude stated they do not want to reduce the standard for townhomes so much that when the Rural Reserve is developed they see stuff that they cannot stomach. She indicated they wanted to see something nice. The Council discussed with the developer different access points into the development. Mayor Gamache stated he could live with the PUD and townhomes in this area because it is a unique property with the wetlands. He stated the developer was trying to protect the wetlands as much as possible. He thought the homes would be aimed at fifty and older housing. He did not have a real issue with this sketch plan. , J Councilmember Jacobson stated the only thing he would look at is the proposed crossover from Killdeer going to the west and it is shown roughly in the middle. He wondered if this could be moved further to the north and go straight west. It might make more sense to move it further west and connect it. Councilmember Trude stated she does not like private streets and if they limit the use of private drives to certain situations this would fit that situation because it is nice high ground where a person would want to have a home. She is undecided regarding single family and townhomes in the plan. She indicated she does not want to see a lot of this happen in the Rural Reserve. She thought the PUD made sense but the density seems a little high. She thought these would be really attractive homes with the wetlands. Mr. Phil Graeber, 15911 Linnet Street, stated his property abuts this plat to the north. They are R-l and this will be R -4 so they will be looking at the backyards ofthese lots. He did not think this made sense to do things in one development and not the other with only one access. Mr. Graeber indicated at the Planning Commission meeting they discussed the connections and they were not happy with them. Councilmember Orttel understood the MUSA line ends at the northern edge of this property. Mr. Berkowitz stated that is correct. This is the remaining sewer from Nightingale Street. \ , ) CONSIDER RESIDENTIAL SKETCH PLAN/CARDINAL RIDGE (CONTINUED) Community Development Director Neumeister stated this item was reviewed by the Council at the Regular Andover City Council Meeting Minutes - May 17, 2005 Page 15 May 3rd meeting. Councilmember Trude wondered if staff supported the road that bisects the development. Mr. Berkowitz stated they do not because it does not meet space guidelines. Mayor Gamache stated his issue with this development along with Woodland Development is it seems they do have two accesses into the developments and he would like to stay consistent as much as possible. He indicated he could live with the loop street and he thought they had enough access. He stated he can support this development. Councilmember Trude stated eventually there will be three connections, two connections to the north. If 1 57th connects only to these homes, and they do not connect Linnet, then they have a problem with no access for one hundred homes. She stated this puts them in a difficult situation with the neighborhood of Linnet as a logical access that is doable. They looked at going out to Hanson and they have the wetlands along with the County, which is even harder to obtain access from. She does not know if they can keep working with the County on these issues. She does not know how else they can do it. Is it appropriate not to have a safety valve for one hundred homes with sewer and water. She did not see an alternative and that is the problem. If they do not take Linnet, they do not have a safety valve for one hundred single family homes. Councilmember Orttel stated he likes the idea of l58th Avenue going west from Martin Street out to l58th Avenue on the other side of Nightingale Street. This would give them another access without impacting the rural people. He thought this would be a quicker access. Mayor Gamache wondered if they want to do something with a right-in/right-out. He thought it would be nice to have an access onto Hanson. Councilmember Trude wondered if it would be worth pursuing this with a right-in/right-out only. Mayor Gamache thought the only problem would be the cost for the developer. Councilmember Orttel thought they could get some nice lots on the high land to the north. Mr. Berkowitz stated the two questions would be if it is feasible and if they can get County approval for access onto Hanson. The Council discussed access points with staff. Mayor Gamache indicated he would prefer l58th Avenue as an access point. Councilmember Knight agreed. Councilmember Jacobson indicated he would like to see a connection at l58th Lane. Councilmembers Knight, Orttel, Trude and Mayor Gamache indicated they would like to see a connection at l58th Avenue. Councilmember Trude stated she did not wantto put a road through a wetland. " , , Mr. Neumeister wondered if the developer would be contributing to intersection improvements or would they pay for full improvements. Councilmember Orttel thought this would be included in the costs with the other properties involved. Mr. Dickinson stated that would be correct if it is done as a - Regular Andover City Council Meeting Minutes - May 17, 2005 Page 16 429 process that was indicated earlier. Councilmember Orttel stated he would prefer to not do a 429 process and to just allocate the costs to the development. This way they would not assess the Putnams until they are ready to develop. Mr. Neumeister stated short term the top portion of the horseshoe is not going to connect because they do not own the property. He wondered if the Council would be supportive ofthe variances for the cul-de-sac length. Mayor Gamache wondered ifthe developer is going to buy that property. Mr. Neumeister indicated he is looking to purchase the property. Mr. Neumeister also wondered ifthere was going to be a turn back or a vacation ofthe Linnet Street right-of-way that runs adjacent to Mr. Scott Allen's home. The Council indicated they are going to keep the right-of-way. Mr. Neumeister wondered if council would be in favor of the variance for the double frontage lots along Nightingale. The Council indicated they would be in favor of this. / Mr. Scott Allen, 15873 Linnet Street, stated the MUSA line ends at the north end of his property. He stated his neighborhood would not like to connect Linnet Street to this neighborhood and they would favor 158th Avenue as a connection into the development. CONSIDER RESIDENTIAL SKETCH PLAN/KENSINGTON 7TIl ADDITION Community Development Director Neumeister stated the City Council is asked to review a sketch plan with Planned Unit Development (P. U .D) review for a 6.4-acre site adjacent to the WDE landfill. The site is unique in its shape and also by the fact that there is a 200-foot no-build buffer around the adjacent landfill that significantly reduces the usable amount of land for this development. The applicant has proposed a Planned Unit Development to facilitate development on the site. Councilmember Trude asked if the zoning right now is single family. Mr. Neumeister stated that is correct. Councilmember Jacobson asked the developer who owns outlot A in the lower right hand corner. Mr. Jay Windschitl, 3680 l52nd Lane, stated the parcel is not part of the development and he believes the City owns the property. Councilmember Jacobson agreed with the Planning and Zoning Commission for it to remain all R-4. Councilmember Knight agreed. Councilmember Trude thought that was the reason why there were so many people in the neighborhood at the meeting. Councilmember Trude wondered if the homes in the development would need to have special venting. Mr. Neumeister stated they would need to have monitoring on site but he thought it would be one monitor for every couple homes and then they would have methane detectors for the residents which is an alarm system that would alert the homeowner ifthere was methane in the area. Regular Andover City Council Meeting Minutes - May 17, 2005 Page 17 Councilmember Orttel wondered if it would make sense to develop a policy on how they would consider these types of things when they show up on plats because it is kind oflike a wetland which they do not allow them to consider. He thought there should be a consistent policy on that so the developers know before they come to the meeting how they are going to be treated on easements. Councilmember Trude thought the reason the residents are at the meeting is because they have their lot and behind them lots seven and six would be two houses and if they were on the other side of the street, instead of one neighbor across the street, they would have two neighbors. She guessed people were expecting houses to be spaced like the rest ofthe area. Councilmember Orttel did not think a policy would change the use of this development. Councilmember Trude stated the difference with the storm easement under the ground is they did not want to put a house on it and here they cannot put a house on this easement either. Councilmember Orttel stated in the other case, the Council allowed the developer to use that as a lot and it was still build-able even with half of it being in the easement. He did not know if it would change things here because of the acreage. . / Mayor Gamache asked for clarification on the red line running through lot 4. If they were to do full size homes similar to the ones west of there could they only get two on the block because they would not be able to go into the red line. Would they then be able to count that as part of the lot. Mr. Neumeister stated they would. He stated they could probably get three single family homes there. Mr. Berkowitz stated there is a challenge with the utilities. The utilities cannot be put into that two hundred foot buffer either. Mr. Berkowitz showed a map of the development to the Council and explained where the utilities would be run in the development. Mr. Windschitl stated as they look at the piece to connect the two dead end streets and to put a nice use to the property. They are not trying to put cheap housing in here. They are trying to do a nice development. Ms. Pat O'Brien, ?? l42nd, stated she is still concerned with the number of cars going onto l42nd Avenue because there is only one exit even though it is connecting to the other street on the other side. She stated this is a very busy section to get out of in the morning. She is concerned with the number of homes that will be built in the area. She indicated this is also where the kids are picked up by the school bus. \ , / Councilmember Trude stated if the School District knows about construction, they move the bus stop to a safe area during construction time and staff can ask construction crews not to access the street where there is a bus stop. Mr. Greg Dahlberg, 2066 1 42nd Lane, wondered what they are going to do with the other side of the " Regular Andover City Council Meeting Minutes - May 17, 2005 Page 18 I street. Mayor Gamache stated this is part of the outlot and Councilmember Jacobson talked a little bit about this earlier. Councilmember Jacobson stated this will be discussed more at the preliminary plat phase. CONSIDER ACCEPTING PETITIONS/ORDERING FEASIBILITY REPORT/05- 34/BLUEBIRD & HANSON BLVD./lNTERSECTION IMPROVEMENTS City Administrator Dickinson explained at the May 3, 2005 regular City Council meeting the Council authorized staff to begin working with property owners to bring forth a petition to the Council for a public improvement of a limited access intersection at Hanson Boulevard and Bluebird Street. As of Friday May 13,2005 only one letter petitioning the improvements has been received. Staff has identified the improvement of intersection improvements at Bluebird Street NW & Hanson Boulevard NW as project 05-34. Councilmember Jacobson asked if all the people who signed the petition are authorized to do this. It was indicated they are. Councilmember Orttel thought they were looking for a petition that would call for a feasibility study and waive the right to a public hearing and they do not have that. He indicated this is specifically asking for a 429 with a public hearing which puts the City at risk in this deal. Mr. Dickinson stated the only time the City would be put at risk would be once the project is ordered to go forward. At that point in time they would seek full security from the property owners. Councilmember Orttel thought this is only dragging this out longer and he did not think this was right. This is not doing anything to get the project done. Councilmember Trude stated in looking at the resolution in the packet, it says it is a resolution declaring adequacy of petition and ordering preparation of a feasibility report and does not order a project. Mr. Dickinson stated that resolution would have to be modified. Councilmember Trude stated it says one hundred percent and they do not have one hundred percent; they have all but the post office. Mr. Dickinson stated in looking at the resolution, number one would have to be modified and the second whereas would need to be modified. Also going forward they would review the feasibility costs and they have to meet the appropriate public notification. Based on notification requirements, he did not know if this could be taken to the next meeting. It may have to be the second meeting in June. They would have to cover those bases for a public hearing. Councilmember Trude wondered if this was brought forward to the County and what was their reaction. Mr. Dickinson stated the County would obviously like to see the project done as soon as possible but he did not think the County would have a problem with giving them some time to work with them. He indicated the property owners have also had a dialogue with the County. Councilmember Orttel wondered if they could assess the Post Office. City Attorney Hawkins / Regular Andover City Council Meeting Minutes - May 17, 2005 Page 19 thought the Post Office would have to agree to the assessment in order for the City to do that. The property owners would have to decide if they want to proceed and pick those costs up. Councilmember Orttel wondered who would decide which property owners would benefit and have to pay. Mr. Dickinson stated that would be the feasibility report so ultimately it would be up to the City Council. Councilmember Trude asked if the study would tell them what the costs are and a potential allocation to the property owners. Mr. Dickinson stated that is correct. Also with a 429, they have to meet the appropriate notification requirements. Councilmember Trude did not think this initiated a 429. Mr. Dickinson stated that is correct. Councilmember Trude stated the petition they have before them only initiates the feasibility report. Mr. Dickinson stated that is correct. Mayor Gamache asked for clarification on the steps that are needed to be taken. Mr. Dickinson explained how the process will work. ; Councilmember Orttel stated he noticed by a letter from an attorney for Clocktower Commons that they are implying that the City is also fmancially responsible here because of the Community Center. The letter goes on to say that if the improvements do not benefit the property, the City has no legal right to assess them if they exceed the benefits. Therefore it must be borne to the public, which he thought has been the goal here for some time. The fact is that these are not the City's improvements; they are County improvements and all they have to do is walk away and say they are not going to do this but they have become involved. He stated this is not the City's project and he wondered why they are doing this. He stated the letter from the Clock Tower Attorney is a challenge to the whole concept. He did not think they should be involved in this. Councilmember Jacobson asked City Attorney Hawkins by ordering the feasibility study for this project and holding a public hearing, are they doing anything different than they would have done any other place. City Attorney Hawkins did not think they were doing anything different than if they were putting in City sewer or water line in a County right-of-way, which is what they do. It is an initial process under 429. They have to order a feasibility report and after they receive that, they make a determination at that time whether they want to proceed. He thought they made it clear that they will not proceed on this unless they have an agreement by the property owners that they will pay one hundred percent of the costs and they will have security to make sure it gets paid. He indicated that Councilmember Orttel is right and it is not their project and the City does not have an obligation to go forward. / Councilmember Trude stated a couple of weeks ago the City had a sewer and water main project proposed for a neighborhood in Oak Bluff in which the City initiated a feasibility study and after the neighborhood showed up indicating they did not want to pay the costs, they had the feasibility study and heard the comments and at that point they rejected the feasibility study and the project -' Regular Andover City Council Meeting Minutes - May 17, 2005 Page 20 did not move ahead. In this case the Council also would have the option of rejecting the study; they would have the option if the feasibility study occurred here and they did not get a plan that would cover the costs. Mr. Dickinson indicated that is correct. Councilmember Trude stated it was at the point of the feasibility study when information comes and allows the owners to know how they can partner to share costs and what is fair among them because between them it is hard to determine that at this time and the City is just facilitating them in that request. At that point, the City will have the information to know if they are going to do a 429 or not. Motion by Jacobson, Seconded by Trude, to approve the attached resolution with the following changes under the second Whereas, "Whereas, such petition has been validated to represent the signatures of more than fifty percent -lG()% of the affected property owners requesting such improvement." Another change under the Therefore Be it Resolved: 1. The petition is hereby declared to be -lG()% more than fifty percent of owners of property affected. thereby making the petition nnmHmous. Change the date of the petition to May 17th from May 12th. Councilmember Orttel stated in the petition, he noticed a person was talking about storm sewer improvements and he was not aware they are having to do storm sewer out there. It goes on to say"... the scope of the improvements to be determined through coordination with Anoka County Highway Department and the pending improvements to adjacent intersections." In the last half of the paragraph it states "...the anticipated construction costs for each of the benefiting properties adjacent to the intersection." He wondered if that meant the post office is not included in this. Councilmember Trude guessed it is not. Councilmember Jacobson is concerned if that means going through the back door to try to get the City to pay half ofthe cost because of the Community Center, when they receive the feasibility report and they look at it and if that is even brought up, they could reject the feasibility report. The intention is to have the parties who signed this agreement pay the entire cost ofthe project. Councilmember Trude thought this is what they discussed before. It would be similar to when they require developers to handle the costs of improvements and sometimes the City bonds for them and the City initiates the project. In this case, instead of the City initiating the project, the property owners are presenting the petition and the feasibility study gives them the information they need so they can decide how they are going to reach an agreement so the costs are covered. / Councilmember Knight asked if they get the grant for 1 54th, would the County put both of these together. Mr. Dickinson thought they would but he was not sure. Councilmember Trude did not think the County would want to close the road twice. Mr. Regular Andover City Council Meeting Minutes - May 17, 2005 Page 21 Dickinson stated that is correct. Councilmember Orttel stated most of the developers, when they sign the agreement, they petition for the project and waive the public hearing at the same time; Is it correct they are deviating from their policy? Mr. Berkowitz stated they could move this forward as mentioned before and they could terminate this project at the feasibility report or they could terminate the project at the Public Hearing because that would be before they would order the project. Councilmember Orttel stated again, he thought this was a delay tactic by the owners. Councilmember Trude thought they need to determine if the Post Office is part of this or not. She wondered if the owners could come back and waive the public hearing. Mr. Dickinson stated they could but they would have to have one hundred percent accepting everything. '. Mayor Gamache stated in the letter from the owners' attorneys, it indicates the other property owners are willing to be responsible to pay for the improvements. In the feasibility study would it be possible that it would indicate the City would be responsible for improvements at the Community Center? Mr. Dickinson stated they could say that whether or not that is accepted when they accept the feasibility report is another question. He indicated through that process he would represent the City. Councilmember Jacobson stated if the property owners who signed the petition do not agree to pay for this project in full he will throw the feasibility report out. Mr. Dickinson stated that was his previous understanding from the Council direction but if this goes forward, and the County makes the improvement, it will be fully funded by the property owners and not the City. Councilmember Orttel wondered if they determine the project is not feasible because they do not have funding and they vote it down, do they incur any liability for their economic loss. City Attorney Hawkins did not believe they would incur any liability because the City is not creating this; the County is and they are well aware of it at the time this project went forward, what the access and the improvements were to intersection. Councilmember Trude noted the taxpayers will not be paying for this improvement if this project goes forward but if the County installs the median then the property owners will pay for this. Mr. Peter Coyle, representing the petitioners, explained the reasons they are asking for a feasibility report and what will happen. Councilmember Trude indicated some Councilmembers are indicating the tax payers are going to try to shift some of the costs back to the City. She wondered if this is true. Mr. Coyle stated he ,/ did not have enough information to know who the benefiting property owners will be out of this project. It is possible the feasibility study will come back and say the only benefited property owners will be these owners but they do not know that. Councilmember Jacobson indicated the Council expects the property owners to pay for the full " Regular Andover City Council Meeting Minutes - May 17, 2005 Page 22 costs of this improvement and if they expect the City to pay for part of the costs, the City will not go along with that and the project will not go forward. Mr. Coyle stated they do not write the feasibility report and do not do the allocation of benefit decision. That will be the consultant that is retained by City staff to complete the report. They will make that recommendation to the Council. Whether the Council chooses to accept the recommendation or not is up to them. Councilmember Trude thought the direction they gave staff a couple of weeks ago when they got to this point was they would entertain a public improvement project if there was a development agreement entered into between the City and other parties that allocated the costs that all of the costs were covered by those entering the development agreement and on that basis they were willing to consider a feasibility report. She stated they are being asked to provide approval for a feasibility study, which is not being born by the City taxpayers but being born one hundred percent by the costs of the commercial development. Mr. Coyle thought what they would get out of this study was to find out how much it would cost. He thought by then they may know what the County's grant share is. With discussing this with Mr. Fisher last week, he suggested the possibility the County could use a portion of their grant for some piece of this cost depending on how far south they have the dollars to spread because they are planning on using some of those '\ dollars for the 1 54th interchange. ) Motion carried 3 ayes, 2 nays (Gamache, Orttel). (Res. R100-5) Motion by Jacobson, Seconded by Trude, to schedule a public hearing for this item for the second City Council meeting in June 2005. Councilmember Trude wondered if this would meet the advertising requirements. City Attorney Hawkins did not think it would. Councilmember Jacobson withdrew his motion. SCHEDULE FIRE STATION TOUR Motion by Jacobson, Seconded by Trude, to schedule a tour of Fire Station #3 on June 7, 2005 at 5:30 p.m. Motion carried unanimously. SCHEDULE JUNE CITY COUNCIL WORKSHOP The Council postponed this item until the June 7th meeting. J Motion by Trude, Seconded by Gamache, to amend the deadline until the end of summer for making a curb policy. Motion carried unanimously. Regular Andover City Council Meeting Minutes - May 17, 2005 Page 23 SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Orttel, to schedule an EDA meeting for Tuesday, June 7, 2005 at 6:30 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the street parking issues/Andover High School, and 1 54th and Hanson grant application update. City Engineer Berkowitz updated the Council on road improvements projects in the City along with the dates of road closings in the City. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (East Bethel Letter) - Mayor Gamache noted the City of East Bethel was letting them know about some work they are doing on the waste water treatment plant. Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 11:55 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary /