HomeMy WebLinkAboutCC June 7, 2005
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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, June 7, 2005
Call to Order - Following EDA Meeting Scheduled at 6:30 p.m.
Pledge of Allegiance
Resident Forum
Presentation/Andover Football Association
Presentation/State House Representative Chris DeLaForest
Agenda Approval
1. Approval of Minutes (4/12 Workshop; 5/3/05 Regular; 5/17/05 Regular; 5/24/05 Workshop)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Quote/04-56/Navajo Street NW/SS Repair - Engineering
4. Approve Encroachment Agreement/Northern Natural Gas - Engineering
5. Approve Encroachment Agreement/14247 Olive Street NW - Engineering
6. Award Bid/04-52/Well #9/Drilling - Engineering
7. Award Bid/04-52A1Well #9ITransmission Line - Engineering
8. Accept Feasibility ReportlWaive Public Hearingl05-22/Lots 2 & 3, Block l/Hanson Meadows/SS & WM -
Engineering.
9. Award Bid/05-2/2005 Overlays - Engineering
10. Approve Resolution Accepting Donation from Andover Football Association/03-1A1Prairie Knoll Park
/ Lighting - Engineering
11. Approve Final PlatlBirch Point Estates - Planning
12. Approve Resolution/Mailboxes to be Located Outside of Cul-De-Sac Radius - Public Works
13. Approve Final Plat/Silver Meadows West - Planning
14. Approve Lease Agreement with Anoka Hennepin School District/2005 Fun Fest - Administration
Discussion Items
15. Public HearinglVacation of Easement/5 149 - 17151 Avenue NW - Planning
16. Public HearinglVacation of Easement/125 - 154th Avenue NW - Planning
17. Consider RequestlFEMA Study ReimbursementlPentagon Holdings, LLC (Continued) - Engineering
18. Consider Sketch Plan/Cardinal Ridge/15785, 15805, 15875 Nightingale St. NW (Continued) - Planning
19. Consider Sketch Plan/Coon Creek Acres/14437 Crosstown Blvd (Continued). - Planning
20. Consider RezoningIR-1 to R-4/SW corner of Crosstown Blvd. and Burlington No.Railroad - Planning
21. Consider Amendment to City Code 8-4-1 K(a)/Domestic Animals - Engineering
22. Award Bid/03-1A1Prairie Knoll Park Lighting - Engineering
23. Consider Various Code Revisions (Part 1 of 3) - Planning
Staff Items
24. Schedule EDA Meeting - Administration
25. Schedule June Workshop - Administration
26. Administrator Report - Administration
Mayor/Council Input
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 7, 2005
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE .....................................................................................................1
RESIDENT FORUM ............ ..... ................... ................................................... ..................... ......1
PRESENTATION/ANDOVER FOOTBALL ASSOCIATION .................................................2
AGENDA APPROVAL .............................................................................................................2
APPROVAL OF MINUTES.......................................................................................................3
CONSENT ITEMS
Approve Payment of Claims.................................................................................................4
Approve Quote/04-56/Navajo Street NW/SS Repair ...........................................................4
Approve Encroachment AgreementINorthem Natural Gas..................................................4
Approve Encroachment Agreement/14247 Olive Street NW ...............................................4
Resolution Rl 01-05 awarding Bid/04-52/Well #9/Drilling .................................................4
Resolution Rl 02-05 awarding Bid/04-52A/Well #9rrransmission Line .............................4
Resolution RI03-05 accepting Feasibility Report/Waive Public Hearing/05-22/Lots
2 & 3, Block IlHanson Meadows/SS & WM..................................................................4
Resolution Rl 04-05 awarding Bid/05-2/2005 Overlays.......................................................4
Resolution RI05-05 approving Resolution Accepting Donation from Andover
Football Association/03-IAlPrairie Knoll Park Lighting ................................................4
Resolution RI06-05 approving Final PlatlBirch Point Estates.............................................4
Resolution RI07-05 approving ResolutionlMailboxes to be Located Outside of
Cul-De-Sac Radius .... ..... ........................ .......... .............. ... ........... ...... ............ .... .............4
Approve Final Plat/Silver Meadows West Res. R 108-05 ...................................................4
Motion approving Lease Agreement with Anoka Hennepin School District/
2005 Fun Fest... .......................... ....... ...................... ............ ....... ............... ......................4
Consider Approval/Extension of Liquor Licenserranner's ..................................................4
PUBLIC HEARlNGN ACATION OF EASEMENT/5149 - 171 ST AVENUE NW
Motion to Open Public Hearing.............................................................................................5
Motion to Close Public Hearing ............................................................................................5
Motion to Approve (Res. RI 09-05) .......................................................................................6
PUBLIC HEARlNGN ACATION OF EASEMENT/125 - I 54TH AVENUE NW
Motion to Open Public Hearing.............................................................................................6
Motion to Close Public Hearing ............................................................................................ 7
Motion to Approve (Res. RlI0-05)................_......................................................................7
CONSIDER REQUEST/FEMA STUDY REIMBURSEMENT/PENTAGON HOLDINGS,
LLC
Motion to deny....... .................................. ............... ................... ............................................7
CONSIDER SKETCH PLAN/CARDINAL RlDGE/15785, 15805, 15875 NIGHTINGALE
STREET NW ...................... ................. ......... ...... ....... ...... ............................. ......................... 7
CONSIDER SKETCH PLAN/COON CREEK ACRES/14437 CROSSTOWN
BOULEVARD (CONTINUED) ............................................................................................1 0
CONSIDER REZONlNG/R-l TO R-4/SW CORNER OF CROSSTOWN BOULEVARD
AND BURLINGTON NORTHERN RAILROAD
Regular Andover City Council Meeting Minutes - June 7, 2005
Table of Contents
Page ii
Motion to approve (Ord. 31 0)................................................................................................12
CONSIDER AMENDMENT TO CITY CODE 8-4-1 K(a)/DOMESTIC ANIMALS
Motion to deny .......................................................................................................................13
AWARD BID/03-1AJPRAIRIE KNOLL PARK LIGHTING
Motion to award (Res. RIll-OS) ...........................................................................................14
CONSIDER V ARlOUS CODE REVISIONS (pART 1 OF 3) ..................................................14
SCHEDULE EDA MEETING ...............................................................................;...................15
SCHEDULE JUNE WORKSHOP .............................................................................................15
ADMINISTRATOR REPORT ................................................................................................... 15
MAYOR/COUNCIL INPUT
Trail on Crosstown ................................................................................................................16
Petition regarding Funeral Home...........................................................................................16
Andover Golf Tournament. ....................... ............. ..................... ............. ....... ......... ............ ..16
McDonald's At Clock Tower Commons Grand Opening .....................................................16
Andover Fun Fest.. ........ ........ ...... ................ ....... ...... ................... ............................... ........... .16
ADJOURNMENT ......................................................................................................................16
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REGULAR ANDOVER CITY COUNCIL MEETING -JUNE 7, 2005
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, June 7, 2005, 7:10 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Ken Orttel, Julie Trude
Mike Knight
City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Mr. Winslow Holasek - 1159 Andover Boulevard, asked during the meeting if a resident could
discuss any of the items with the Council after presentation. Mayor Gamache stated they could.
A resident at 13424 Uplander Street presented a petition from the neighborhood regarding opposition
to the proposed Funeral Home on Crooked Lake Boulevard. It was indicated this item was pulled
from the agenda and will not be going forward.
Keith Olson - 1487 148th, stated he has been trying to split his lot since December and he wondered
if they brought the sewer and water down, could he put a well in the spare yard and pipe for when the
City puts the pipe in between where the water is and where' the sewer is. Mr. Berkowitz stated his lot
split was contingent on putting in sewer and water. His lot split would be void to the point where he
does not have the water service. They did go back and review the ordinance and the City Council
does have the authorization to require sewer and water to that property to approve the lot split so it
would be at the Council's discretion.
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Councilmember Trude thought they had policies in place and they have already dealt with this. Mr.
Olson stated he was the only one left to take water from the west so if the City wanted to hook up the
water from the east and the west, he would be the only one that would be willing to pay for that
because he would be the only one assessed.
Mayor Gamache asked Mr. Berkowitz to put together a summary for their next meeting of the
Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 2
request showing what is being discussed. Councilmember Jacobson thought they killed the project
so there is nothing left to discuss. Councilmember Trude stated there is a certain time period that has
to pass before this item can be submitted for consideration again. Mr. Berkowitz indicated the lot
split is good for one year. Councilmember Trude stated they rejected the feasibility study. Mr.
Berkowitz understood Mr. Olson was supposed to go back and work with the rest of the
neighborhood to try to get a consensus of that area to be willing to participate in an improvement
project for City sewer and water. It was contingent on that activity and then he could bring it back
and re-petition for it. Councilmember Jacobson stated it could come up for reconsideration but he
would have to bring back everything in writing which they do not have and then they could
reconsider.
Mr. Olson stated that is not going anywhere because the neighbors want him to pay for the
improvements. Councilmember Trude thought this would be a workshop item if they want to make
an exception to the policy.
PRESENTATION/ANDOVER FOOTBALL ASSOCIATION
Mr. Terry Boe, President of the Andover Football Association, explained he is at the meeting to
present a check to the City for lighting the 200-yard football fields at Prairie Knoll. He stated that
the City Engineering and Public Works Department have done a wonderful job at Prairie Knoll Park
with the playground and the basketball court and other items as well.
Mr. Boe indicated they wanted to pledge some additional funds to extend the lighting to the north
parking lot for additional security. They would also like to take part in lighting the parking lot at
Sunshine Park. They would pledge up to $2,000 for lighting the parking lot at Prairie Knoll Park.
Mr. Boe presented a check for $18,000 to Mayor Gamache and the City for the lighting at the
two football fields.
PRESENTATION/STATE HOUSE REPRESENTATIVE CHRIS DELAFOREST
Mayor Gamache stated House Representative DeLaForest requested this item be postponed until
another Council meeting.
AGENDA APPROVAL
\ Add Item 14a, (Consider ApprovalJExtension of Liquor LicenseITanner's) to the Consent agenda.
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Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried
unanimously.
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Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 3
APPROVAL OF MINUTES
April J 2, 2005, Workshop Meeting: Correct as amended.
May 3, 2005, Regular Meeting: tabled.
May J 7, 2005, Regular Meeting: Correct as amended.
May 24, 2005, Workshop Meeting: Correct as written.
Councilmember J aco bson wondered if they need to wait until they have a full Council to approve the
minutes of April 12, 2005. Workshop because there are numerous changes.
Councilmember Trude stated on page 3, paragraph 2, they were talking about the transportation plan
and the Spur Station and they had their representatives at the meeting. "The plan shows direct access
to the Spur site with a frontage road going south to the storage building site." She indicated on page
9, there is an error with the numbers "500 to 600 should be reflected as $500.000 to $600.000" On
line four of page 9, it say "slanted" and should be "slated"
Councilmember Trude stated on page 14, line 2, second sentence should read "Railroad overpass like
bv Riverdale". On page 17, most of the way down the page, the sentence should read
"Councilmember Trude stated in the survev. evervone should be asked about content of the City
newsletter". She indicated on page 18 was her list of goals and there were a few items that were
wrong. Item three should say "Master Plan the Rural Reserve", Item five should say "Develop
Rapport", Item six should be ''working with staff on..." and on page 21, paragraph 5,
"Councilmember Trude asked about the brand new houses which have no received sewer and water".
Motion by Trude, Seconded by Jacobson, approval of April 12, 2005 Minutes as indicated above.
Motion carried unanimously.
Councilmember Trude stated these need to be tabled again because she asked at the last meeting that
information be added to the minutes and it did not get added. She indicated the motion is contained
in the wrong location before some comments were made and she asked for her questions to go in and
none of her questions were included. She specifically asked questions about intersections the City is
planning to construct on County roads at Sophie's Manor and by the Fire Station and then staff
explained how the City is assessing the project on the County Road, Crosstown, for Sophie's South
but they are in fact, by the fire station, using a City initiated project for the public improvements and
that should be in the minutes and it is not. She stated the motion should be after comments
Councilmember Orttel made and not before. She noticed on page 16, paragraph 6, "Councilmember
Knight was not in favor oftownhomes on a sketch plan".
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Motion by Trude, Seconded by Jacobson, to table the May 3, 2005 Minutes as indicated above.
Motion carried unanimously.
Councilmember Trude thought there was a motion to move Well number 9 to the area east of the
trees. Mr. Dickinson stated it was just direction of staff and not a formal motion.
Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 4
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Councilmember Trude stated on page 12, the last line, delete the word ffiWe road. On page 21,
paragraph 6; the word should be taxpavers instead of property o......ners and on page 22, line 1, should
property owners instead of taxpayers.
Motion by Trude, Seconded by Jacobson, approval of May 17,2005 and May 24, 2005 Minutes as
indicated above. Motion carried unanimously.
CONSENT ITEMS
Item 2
Item 3
Item 4
Item 5
Item 6
Item 7
Item 8
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Item 9
Item 10
Item 11
Item 12
Item 13
Item 14
Item 14a
Approval of Claims
Approve Quote/04-56/Navajo Street NW/SS Repair
Approve Encroachment AgreementINorthern Natural Gas
Approve Encroachment Agreement/l 4247 Olive Street NW
Award Bid/04-52/Well #9/Drilling (See Resolution R101-05)
Award Bid/04-52A1Well #9rrransmission Line (See Resolution R102-05)
Accept Feasibility Report/Waive Public Hearing/05-22/Lotus 2 & 3, Block l/Hanson
Meadows/SS & WM (See Resolution R103-05)
Award Bid/05-2/2005 Overlays (See Resolution R104-05)
Approve Resolution Accepting Donation from Andover Football Association/03-
IAlPrairie Knoll Park Lighting (Res. R105-05)
Approve Final PlatlBirch Point Estates (See Resolution RI 06-05)
Approve ResolutionlMailboxes to be Located Outside of Cul-De-Sac Radius (See
Resolution R1 07-05)
Approve Final Plat/Silver Meadows West (See Resolution R108-05)
Approve Lease Agreement with Anoka Hennepin School District/2005 Fun Fest
Consider Approval/Extension of Liquor Licenserranner's
Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read.
Councilmember Jacobson asked on Item 9, the overlays, considering that the gas company is going
to be doing a lot of work in the rights-of-way, was staff satisfied that their schedule will meet the
City's schedule without any problems. Mr. Berkowitz stated they met with the gas company and he
thought it might be tight. He did not know at this point but will be discussing this further withthem.
Motion carried unanimously.
\ PUBLIC HEARING/VACATION OF EASEMENT/5149 _l7lST AVENUE NW
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Community Development Director Neumeister stated the City Council is asked to hold a public
hearing to consider vacating a portion ofthe existing drainage and utility easement at the referenced
property.
Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 5
Mr. Neumeister stated Mr. Dave Weigel, the property owner of 5149 171 st Avenue NW, is requesting
that a portion ofthe easement be vacated to accommodate an accessory structure on the eastern side
of the lot. The property owner has provided a survey illustrating what portion of the easement he is
asking to vacate.
The Engineering Department has reviewed the proposed easement vacation and found that the
illustrated area on the survey can be vacated without adversely affecting the storm water
management for the lot and surrounding area. Staff sent a letter to Center Point Energy requesting
comments on the proposed vacation. Center Point replied with a letter stating they had no objection
to the proposal.
Councilmember Trude stated on this drawing, there is not a drawing of what will be built and where
it will be built and how they will access it. Because it is on a street that is not the same street the
house faces, she was concerned there will be a driveway off the street where the shed or garage will
go and she was not sure ifthis was something they allow. She indicated they have often talked about
materials matching the home and she did not see this in the information. She thought it would be
helpful to add a hold harmless clause on this because then the City would be held harmless for the
vacation of this easement so that if there are any drainage problems, the property owner suffers as a
result of it. Mr. Neumeister stated he did not have that information but the applicant may.
Councilmember Jacobson stated in the drawing, it does not show where the building is going and
what it is. He was questioning why they need to do what is being requested because it looks like
there is an awful lot of property that is not in the easement where a building could be constructed
without vacating the easement so the maps they have may not be quite right and there are some
questions they need to have answered.
Motion by Jacobson, Seconded by Trude, to open the public hearing at 7:44 p.m.
Mr. Weigel, 5149 17151 Avenue NW, stated all of the property not in the easement is full oflarge
oaks and what he is requesting be vacated has smaller scrub trees on it. From the road, it is very
steep.
Councilmember Jacobson wondered what kind of structure he was looking at. Mr. Weigel stated he
was looking at building another garage because the association in the development requires
everything being stored, be enclosed.
Councilmember Trude asked where access to the building would come from. Mr. Weigel indicated
on the map where the additional driveway would be and that staff indicated there would probably not
be a problem with an additional driveway.
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Councilmember Jacobson asked how large the garage would be. Mr. Weigel stated it would need to
be large enough for a motor home.
Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 6
Councilmember Orttel wondered if the homeowners association needs to approve the building in
order for it to be built. Mr. Weigel stated the association would have to approve the structure along
with it needing to match the existing house.
Councilmember Trude wondered if his neighbors would be at the meeting if they knew what was
being proposed versus a vacation of easement because it looks like the houses on the east side of the
street will be looking directly at the garage. Mr. Weigel stated the neighbor is a builder and will be
building the garage for him.
Councilmember Trude wondered about the driveway and if they are able to give him another
driveway that does not require another process. Mr. Berkowitz stated Mr. Weigel will need to send
in a formal request for an additional driveway to be reviewed for safety concerns but typically they
do allow a second driveway for access onto larger lots.
Councilmember Trude wondered if staff felt comfortable not having a hold harmless clause because
ifhe adds a garage and an impervious surface that may affect the ponds and how they operate. Mr.
Berkowitz stated they normally do not do that because the elevation is above the hundred year flood
level with an outlet.
Motion by Orttel, Seconded by Jacobson, to close the public hearing at 7:51 p.m.
Motion by Jacobson, Seconded by Orttel, to approve the proposed vacation of easement. Motion
carried unanimously. (Res. R109-05)
PUBLIC HEARING/VACATlON OF EASEMENT/125 _154TH A VENUE NW
Community Development Director Neumeister explained the applicant is seeking to vacate a portion
of an existing drainage and utility easement to allow construction of a detached accessory structure.
Councilmember Jacobson stated the lot looks like it has a lot of space on it also and he wondered
why they needed to vacate the easement.
Motion by Orttel, Seconded by Trude, to open the public hearing at 7:52 p.m.
Mr. Cory Loger, 125 154th Avenue, stated this is the only spot he can put in an accessory building.
Everything to the north is low and is designated as a drainage easement. Everything to the east is
their home and the primary and secondary drain field location for the septic.
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Councilmember Jacobson asked how big the structure will be. Mr. Loger stated it will be 26' by 36'.
He stated the property is three acres.
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Councilmember Orttel wondered if there were covenants on the property. Mr. Loger stated there
are and they would need to match the home.
Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 7
Motion by Trude, Seconded by Orttel, to close the public hearing at 7:55 p.m.
Motion by Orttel, Seconded by Trude, to approve the proposed vacation of easement. Motion carried
unanimously. (Res. R11O-05)
CONSIDER REQUEST/FEMA STUDY REIMBURSEMENT/PENTAGON HOLDINGS, LLC
(CONTINUED)
City Engineer Berkowitz stated 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).
Councilmember Orttel asked if a fee could be charged for this information. City Attorney Hawkins
stated they could not charge a fee because a lot of this is public data and he did not know what they
could put together that the public could not get elsewhere.
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going. He wondered if the City had moved it along and done it, would they have picked up the entire
cost of this. Mr. Berkowitz stated the way they would have done it is they would have determined
the benefiting properties and they either would have set a fees amount when they come in and
developed or they would have assessed them at the time of the study and then worked that back. He
stated they explained to the developers that this process in itself would add six months, possibly one
year to the process because they would have had to go through a similar process they do with their
other projects.
Motion by Jacobson, Seconded by Trude, to deny the request from Pentagon Holdings, LLC for
reimbursement of the hydrological study explaining the City Attorney indicated the City Council
cannot use public funds because they have no legal ability to recover costs. Motion carried
unanimously.
CONSIDER SKETCH PLAN/CARDINAL RIDGE/157M, 15805, 15875 NIGHTINGALE
STREET NW (CONTINUED)
City Engineer Berkowitz stated this item has been reviewed by the Council on two previous
occasions. It is brought back so that staff can provide additional information on the turn lane design
for Nightingale Street NW.
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Councilmember Jacobson noted in the memo from Mr. Berkowitz to the Council it states "The State
Aid Road Design Manual recommends the deceleration length of so many feet". He wondered if this
was mandatory or a recommendation and can they vary from it or was it an accurate word. He
thought Mr. Berkowitz' response to this was that it was an accurate word. Mr. Berkowitz stated this
Regular Andover City Council Meeting
Minutes-June 7, 2005
Page 8
was correct. He stated the State Aid Road Design Manual gives design guidelines and what
specifically he is referring to is the deceleration distance requirement for a turn lane. In the case
which is different for them is typically their roads are thirty miles an hour. As they deal with a
deceleration lane and you design a turn lane, the requirement for fifty miles an hour road, is four
hundred and thirty five feet so a turn can be made at a safe speed. This includes the taper and the
turn lane itself. He stated they would like to follow the guidelines as close as possible.
Mayor Gamache stated on Nightingale they currently do not have any turn lanes and on 157th Lane
they will be adding turn lanes. Mr. Berkowitz stated this was correct. Mayor Gamache asked ifthis
would be part of a full reconstruct of Nightingale or would that be just for this intersection when the
development goes in. Mr. Berkowitz stated they have in the CIP to do a reconstruction project on
Nightingale in 2009. They have a couple of options. They could look at collecting the dollars for
that intersection improvement through the development and then build it at that time, which would
make the most sense. He stated they would like to add right and left turn lanes where feasible.
Councilmember Jacobson stated with looking at the map, if looking across the street from the
proposed 158th, it would be a common intersection but if they move 158th on the east side of
Nightingale up one lot to give the extra hundred feet for the lanes, wouldn't it create an even worse
problem for traffic with exits so close together. Mr. Berkowitz stated they would regulate this to a
right-in/right-out access. He stated 158th Avenue to the south has a limited amount of traffic.
Mr. Ben Minks, 17024 Barium Street, stated the wetland has been delineated and the picture is
accurate.
Mayor Gamache stated where the road angles up, is almost on the driveway. Mr. Minks showed on
the map where the driveway is located.
Councilmember Orttel stated if they used the northerly entrance it would have a lot more use. He
thought the one in the middle would cut it down an awful lot as far as cars going out onto
Nightingale compared to the access to the north.
Councilmember Orttel stated this area is developing into eighty plus lots and something needs to be
done at the intersection at Nightingale and Crosstown. He stated the intersection is very busy and
getting dangerous. They cannot keep adding homes to the area without improving the intersection.
Councilmember Jacobson stated he would be in favor of putting the road further north. Mayor
Gamache agreed and thought this was a better place than at Linnet Street.
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Councilmember Trude read from the minutes of a previous meeting regarding the connections. She
stated at that point, there were questions in the minutes and she wondered if sewer and water would
get to the area and it has and she thought staffhad this worked out two years ago. She stated most
people do not go to the north but it does provide egress.
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Councilmember Jacobson stated if the area to the north does develop in the next couple years they
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Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 9
have to look at the possibility of it connecting down but right now if they just move the road over,
they will have their entrance.
Councilmember Trude wondered why they should have the developer build two roads ifhe did the
Linnet Street connection, probably less costly connection then doing one out to Nightingale. Mayor
Gamache stated he talked to Mr. Berkowitz about this and probably anything north of this park,
going up to the Linnet area, is not in the MUSA and cannot be serviced south of there. He thought
the only way it could be serviced is if the Rural Reserve sewer goes through 161.1 and then goes
south, which is years from now.
Councilmember Trude :stated even the parcel they subdivided on November 18, 2003, she asked why
they needed the street to go through and what were they planning because sewer and water were 350
feet away and staff is saying they are expecting sewer and water to this area because it is ghost
platted as part of the subdivision so the first subdivision started this. Mayor Gamache agreed.
Councilmember Trude stated it created a mixed neighborhood because the lot split allows this home
that they subdivided to hook up to sewer and water so there is not the ruraVurban separation when
they did a lot split that allows one of the houses off of Linnet to eventually hook up when they
develop.
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Mayor Gamache asked if the home they did the lot split on could be served with sewer and water.
Mr. Berkowitz indicated it could because they are both within the MUSA.
Councilmember Trude stated they are still not clear with some ofthe issues with Met Council and
they have not decided if they will allow townhomes to the parcel east of this.
Councilmember Jacobson thought if they moved the road up north, staff could decide where, it
would help.
Mr. Minks stated he has seen a few of the emergency access trails and if they do put it in, he could
see it connect to Linnet for a future road if needed.
Councilmember Trude agreed and thought his development was bearing a huge burden for roads for
this whole area and a lot of people will use the northern street. Everyone comes from the south but
the other thing is the fire hoses cannot make some of the cul-de-sacs they are building if they don't
have some of the access points. She indicated the hoses only reach one thousand feet.
Councilmember Jacobson stated they have 157th on the south end and if they do not put in 158th
where it is shown but they move it up three or four lots, they still have to put in the turn lane one way
or another.
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Councilmember Trude wondered why they need to install the other connections if they have Linnet
Street. Councilmember Jacobson stated they like to get two accesses ifthey can.
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Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 10
Councilmember Trude thought building a road for thirty extra homes did not make sense.
Councilmember Orttel thought the people to the north are fighting to keep their privacy as long as
they can. It is a rural area and if they can work around it with a road that is one hundred to two
hundred feet long, that to him is worth it.
Mr. Phil Graeber, 15911 Linnet, stated they cannot put Linnet through right now because they do not
have an easement on the Frederickson property which they do need to run Linnet Street through.
They have an easement on Scott Allen's property but they do not have it on the other property.
Councilmember Trude stated she thought the developer suggested they do the half road on the
easements they have across the Allen and Putnam properties that would allow the emergency access.
Mayor Gamache stated the issue is the north lot on parcel A will not be Mr. Mink's property until
2007 so they will have the two cul-de-sacs going up without any other access out onto Nightingale
until 2007.
Mr. Graeber suggested what should be done to get two accesses to the property.
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Councilmember Orttel stated what they really need is to get access out onto Hanson even ifit means
getting an easement under the power lines because it would make sense for this area. Nothing else
makes sense. He stated if they couldn't get another way out of here, then they would widen it when
they develop the parcel to the north and make it a full street. If they could work something out, it
could be closed off. This makes a lot of sense.
CONSIDER SKETCH PLAN/COON CREEK ACRES/14437 CROSSTOWN BOULEVARD
(CONTINUED)
Community Development Director Neumeister stated the City Council reviewed a sketch plan for
this site at the May 3, 2005 meeting. The Council was not generally in favor of the plan that was
presented by the developer. Taking into consideration the feedback provided by the City Council
and the Planning Commission, the developer has provided five alternate layouts for the site for
further consideration and feedback.
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Councilmember Trude stated staffhas looked at the sketch plan and she wondered if any of these
met their requirements. Mr. Neumeister stated number one would qualifY but he would need to
know more about the lot boxes. He stated number two is a standard townhouse layout, number three
is a standard single family layout, number four gets into the same issues they had at the last meeting.
Each lot has frontage coming out onto Andover Boulevard. He stated that one was a repeat of what
was seen before and number five was a scattered site, trying to avoid the wetlands but they again
have direct access with shared driveways coming out onto Andover Boulevard. He thought numbers
one through three would be the ones that should be discussed.
Councilmember Jacobson stated if nothing was done, the applicant could come in for a building
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Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 11
permit for three homes. Mr. Berkowitz stated they could have one building permit and they would
have to come to the Council for a lot split.
Councilmember Jacobson did not like number two because it has too many homes on it.
Councilmember Orttel thought number one was better because they would not need to delineate
anything.
Councilmember Jacobson wondered if the applicant indicated they wanted this to be a private
driveway. Mr. Dickinson stated it would be a private drive and not a private road.
Mr. Neumeister stated on number one there is some type of access that is needed along the south
edge for maintenance purposes. Mayor Gamache asked where this accessed out to. Mr. Berkowitz
stated it is currently going out to Andover Boulevard.
Mr. Neumeister stated the difference between layout one and three is in layout one he is saving the
wetlands and in layout three he is totally destroying the wetlands and recreating it elsewhere.
Councilmember Orttel asked if these were wetlands or flood fringe because he did not think it would
be allowed to destroy wetlands even with mitigation. Mr. Neumeister stated they are wetlands. Mr.
Neumeister stated they would have to get permits for four hundred square feet.
Councilmember Orttel stated there were some delineated wetlands that they would not be able to
wipe out. Mr. Ron Touchette, Rock Solid Realty, stated on drawing three, there are no delineated
wetlands in the proposed ponding and mitigation area. All of the delineated wetlands are in the
single family lot area and with this particular plan, they would come in with the bull dozers and wipe
out everything and dig a new hole and do a two for one and get it approved but it would have to be
approved by a number of different agencies and the reality is that it is not a feasible plan. He stated
in their discussions with the City, they looked at the possibilities. He stated they decided plan
number one was the best ofthe plans they developed.
Mayor Gamache thought the Council agreed plan number one was the best plan for the area.
Councilmember Jacobson asked what will be required for access to the property. Mr. Berkowitz
stated there would be a driveway where they turn in and out but they have also discussed a right turn
lane. Mr. Touchette stated there are only six houses so he did not think this would impact Andover
Boulevard. If they need a turn lane, it would impact the wetland. Mr. Berkowitz stated this is a City
street, a collector street and the projected ADT's are very high on that.
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Mr. Craig Ward, 1846 Andover Blvd. NW, asked if basements would be put in the homes. The
developer stated these houses will be two story single family homes. Mr. Ward stated the water table
is within 3 feet of his basement. He stated this is not a low speed road because cars are always
speeding along this road and the traffic backs up to his home to get to Andover High School. He
stated there are a lot of issues.
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Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 12
CONSIDER REZONINGIR-I TO R-4/SW CORNER OF CROSSTOWN BOULEVARD AND
BURLINGTON NO. RAILROAD
Community Development Director Neumeister stated the City Council is asked to review the
proposed rezoning of the property for the proposed "Sophie's South" plat.
Councilmember Jacobson stated he raised the issue at the sketch plan and preliminary plat stage on
the east side of the railroad tracks there is a strip ofland that is narrow and expands south. On the
rezoning, he wondered if this was also being rezoned or ifit was being left out of the rezoning. Mr.
Neumeister thought the description was the entire existing parcel. He thought this strip was created
as an putlot and he wanted to make sure it was not included.
Councilmember Orttel did not know why there was worry about the strip ofland because it cannot be
built on. City Attorney Hawkins did not think the Council had to worry about this.
Mr. Jim Stiega, 150th, stated he has been working with Mr. Holasek on the redesign of this. He
presented a petition to the Council for the record. He understood there was a park designed for this
area and was thrown out and he wondered about children crossing the road to get to the park across
the street. He stated Crosstown is a pretty fast road and he did not want kids to cross a dangerous
road. Mayor Gamache agreed that Crosstown is a fast road and he did not think there would be a
walkway created to entice kids to cross.
Mr. Neumeister read the petition to the Council.
Councilmember Trude thought when they did the preliminary sketch last time, they did not alter or
make comments about how it would match with Mr. Holasek's ghost plat. She thought the people
preferred Mr. Holasek's ghost plat which had a connection between the two developments a little bit
south so it was not such a straight connection where people could make a quick connection on
Yellowpine to the new development.
Councilmember Orttel did not think they were putting the street through but they wanted the ability
to do so for the future. Mayor Gamache stated the street will not go through until Mr. Holasek
develops.
Councilmember Trude thought this was a potential connection, not an essential connection but she
did not know how it fit with the sketch because the way the preliminary was approved, the cul-de-sac
went south into one of the lots and then people could go out to Yellowpine.
. ;"
Mr. Holasek stated they could still go out Yellowpine by going down Xeon, over and go out but they
cannot short it. He understood the reason the County wants the turn lanes and acceleration lanes to
be built on Xeon is they want for the safety of all the traffic from the eighty-eight lot development to
use those. If they provide a shortcut to circumvent that, the people in the west half of that will use it
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Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 13
and there is already considerable traffic from Oak Bluff going north to Winslow Hills.
Mr. Holasek stated the greatest concern is Crosstown and they would like to see the City take the
road back because they do not see the County ever improving it. The City could get a grant or they
could use MSA funds or they could use State Aid funds to improve the road. He stated this would
only aggravate the situation.
Councilmember Jacobson indicated the connection is not mandatory for his development. They
could open it up or keep it closed. Mr. Holasek stated his concern is that if the connection was there
it would be required to use it for his development.
The Council discussed with Mr. Holasek his future development and potential access from the
current development to his development.
Mr. Holasek thought the City should look into a grant for fixing up Crosstown as a City street.
Motion by Jacobson, Seconded by Orttel, to approve the rezoning request based on the fact that
times and conditions have changed. Motion carried unanimously. (Ord. No. 310)
CONSIDER AMENDMENT TO CITY CODE 8-4-1 K(A)/DOMESTIC ANIMALS
City Administrator Dickinson noted this item is in regard to considering amendments to City Code 8-
4-1 K(a) in regard to domestic animals.
Councilmember Trude stated she would not object to having a sign posted on backstops but almost
all of the parks have a major trail by or through them where people walk with their animals. She did
not think there have been issues with the parks.
Motion by Trude, Seconded by Jacobson, to deny an ordinance amendment as recommended by the
Park & Recreation Commission and authorize staff to post SignS not allowing animals in the
playfield areas of the parks.
Councilmember Orttel wondered ifit would work to indicate animals are not allowed in the playfield
areas. Councilmember Jacobson thought they could just have signs posted and they would not need
to amend their Code.
Councilmember Orttel wondered if it was time to think about having a couple of animal parks in the
City. He wondered if they should authorize staff to install signs in the playfields indicating animals
not be allowed there.
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Motion carried unanimously.
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Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 14
AWARD BIDS/03-IAIPRAIRIE KNOLL PARK LIGHTING
City Engineer Berkowitz stated the City Council is requested to receive bids and award the
contract for Project 03-1A, Prairie Knoll Park Lighting.
Motion by Jacobson, Seconded by Trude, to award the base bid and all alternate bids for Project
03-IA, Prairie Knoll Park Lighting include in the bid alternates one through six.
Mayor Gamache asked in alternate two if this is what the Football Association discussed as the
lighting they wanted done. This would just install the conduit. Mr. Berkowitz stated this is
correct. They have discussed the possibility of a safety light on the north parking lot with their
electrical engineer who did the plans. For now, they could put up a temporary and could do it
with the dollar amount the Football Association is willing to donate.
Councilmember Trude thought because of the safety issue, she would consider deleting the
sliding hill light or something that is not as necessary.
Mr. Berkowitz stated the north field does not have a conduit running to it for lights in the future.
,/ Under Alternate Two, this conduit is only for the north parking lot and the shelter. Ifthey were
to consider lighting the north field in the future, they would need to run additional conduit.
Motion carried unanimously. (Res.R111-05)
CONSIDER VARIOUS CODE REVISIONS (pART 1 OF 3)
Community Development Director Neumeister indicated this item includes proposed changes to
various sections of the City Code, as well as actual text changes and backup material for each
item.
Mr. Neumeister reviewed the staff report with the City Council.
Councilmember Orttel thought the amendments were done extremely well and most of his
questions were answered in the reports.
Mr. Neumeister thought for the next meeting, the Council should review Revisions 1 through 20
for discussion. The Council agreed.
SCHEDULE EVA MEETING
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Motion by Trude, Seconded by Orttel, to schedule an EDA meeting for Tuesday, June 21, 2005
at 6:00 p.m. and an EDA meeting for Tuesday, June 28, 200 at 6:30 p.m. Motion carried
unanimously.
Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 15
SCHEDULE JUNE WORKSHOP
Motion by Trude, Seconded by Jacobson, to schedule a City CoUncil Workshop for Tuesday,
June 28, 2005 following the EDA meeting. Motion carried unanimously.
The Council recessed at 9:40 p.m.
The Council reconvened at 9:45 p.m.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the Community Center Construction,
Community Center Advisory Board, On Street Parking at Andover High School, and the
Legislative Update.
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City Engineer Berkowitz updated the Council on Center Point improvements in the City and road
improvements projects in the City.
MAYOR/COUNCIL INPUT
(Frail on Crosstown) - Councilmember Trude understood that part of the Crosstown construction
will be a trail. Mr. Berkowitz stated they will be filling in the gaps so there will be a continuous trail
from Hanson Boulevard to Xeon Street.
(Petition regarding Funeral Home) - Councilmember Jacobson stated he was a little surprised they
received a petition from people regarding the Funeral Home and wanting the Council to look at the
overlay of that area. He stated the residents did not want anything but residential there and he
thought at the next worksession, they could get the background that is available from when they did
this and revisit that and discuss it if they think things have changed and they night want to do
something different or change it back because a lot people seem to be concerned about it.
(Andover Golf Tournament) - Mr. Neumeister stated the golftournament will be on Monday June
20th. They have thirty-six teams and QCTV will be there.
\ (McDonald's at Clocktower Commons) - Mayor Gamache stated McDonalds is now open for
J business.
(Andover Fun Fest) - Councilmember Orttel stated Fun Fest is coming up soon and they still need
volunteers.
Regular Andover City Council Meeting
Minutes - June 7, 2005
Page 16
Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting
adjourned at 10:05 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
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