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HomeMy WebLinkAboutCC March 18, 2003 ~ CITY OF ANDOVER Lf-f-03 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, March 18,2003 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval I. a. Approval of Minutes (2/25/03 Special; 2/26/03 Special; 3/4/03 Executive Session; 3/4/03 Regular) b. Legislative Update - State Representative Chris DeLaForest - Administration c. AMM Update - Gene Ranieri - Administration . d. Presentation/ACE Solid Waste-Administration Consent Items 2. Approve Payment of Claims - Finance 3. Reimbursement ResolutionlNew Development Projects - Finance 4. Reimbursement Resolution/Community Center Project - Finance 5. Reimbursement Resolution/Proposed New Fire Station #3 - Finance 6. Reduce Letter ofCredit/Developer's ImprovementsIWoodland Estates 2nd Addition - Engineering 7. Reduce Letter of Credit/Developer' s ImprovementsIW oodland Oaks - Engineering 8. Accept Feasibility ReportlWaive Public Hearing/Order Plans & Specs/03-2/Woodland Creek Golf Villas - Engineering 9. Approve Final Plat/Aztec Estates 2nd Addition/Woodbine Street-Planning 10. Approve Plans & Specs/Order Advertisement for Bids/02-48/Shady Oak Cove - Engineering II. Approve Plans & Specs/Order Advertisement for Bids/02-50IMaple Hollow - Engineering 12. Approve Plans & Specs/Order Advertisement for Bids/99-8A1Well #8 Pumping System - Engineering 13. Support Appointment/Coon Creek Watershed District Vacancy - Engineering 13a. Approve Raffle Pennit/Andover Center Ice Club - Clerk Discussion Items 14. Receive Anoka County Sheriff s Department Monthly Report - Sheriff 15. Public HearingIV acation of Roadway Easement/I 74 73 Flintwood Street NW - Planning 16. Public HearinglVacation of Drainage and Utility Easement/3934 146th Lane NW- Planning 17. Receive Response from Metropolitan Council on Rural Reserve Questions (Carry over from January 21, 2003) - Planning 18. Consider Lot Split with variance to lot depthll415 Andover Blvd.-Planning 19. Consider Setback VarianceINorthem Natural Gas facility/4517 Valley Drive-Planning 20. Review Current and Proposed City Logos (Carry over nom Feb. 18,2003) - Community Development 21. Declare Potentially Dangerous Dog - Clerk 22. Consider Resolution Supporting State Budget Cuts & Preserving Local Government Control - Administration Staff Item 23. Appoint Park & Recreation Commission Member to Stakeholders Design Team - Engineering 24. Accept February Customer Service Report - Administration 25. Schedule Workshop/County Assessor - Finance 26. Schedule Council Goal-Setting Work Session - Administration Mayor/Council Input Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 18,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .....................................................................................................1 RESIDENT FORUM..................................................................................................................1 APPROVAL OF AGENDA .......................................................................................................2 APPROVAL OF MINUTES.......................................................................................................2 LEGISLATIVE UPDATE- STATE REPRESENTATIVE CHRIS DELAFOREST ...............2 AMM UPDATE - GENE RANIERI ..........................................................................................3 PRESENTATION/ACE SOLID WASTE ..................................................................................4 CONSENT ITEMS Approve Payment of Claims .................................................................................................4 Resolution R046-03 Reimbursement Resolution/New Development Projects ....................4 Resolution R047-03 Reimbursement Resolution/Proposed New Fire Station #3 ................4 Reduce Letter of Credit/Developer' s ImprovementsIW oodland Estates 2nd Addition .........4 Reduce Letter of Credit/Developer's ImprovementsIW oodland Oaks .................................4 Resolution R048-03 accepting Feasibility Report/Waive Public Hearing/Order Plans & Specs!03-2!Woodland Creek Golf Villas ........................................................................4 Resolution R049-03 approving Plans & Specs!Order Advertisement for Bidsl02-48/ Shady Oak Cove ..............................................................................................................4 Resolution R050-03 approving Plans & Specs!Order Advertisement for Bidsl02-50/ Maple Hollow ..................................................................................................................4 Resolution R051-03 approving Plans & Specs!Order Advertisement for Bids!9-8N Well #8 Pumping System ................................................................................................4 Support Appointment/Coon Creek Watershed District Vacancy .........................................4 Approve Raffle Permit/Andover Center Ice Club ................................................................4 Accept February Customer Service Report ..........................................................................4 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ................................................................................................................................4 DECLARE POTENTIALLY DANGEROUS DOG Resolution R052-03 Declaring Potential Dangerous Dog.....................................................5 APPROVE FINAL PLAT/AZTEC ESTATES 2ND ADDITION/WOODBINE STREET Resolution R053-03 to approve............................................................................................. 7 RECEIVE RESPONSE FROM METROPOLITAN COUNCIL ON RURAL RESERVE QUESTIONS (CARRY OVER FROM JANUARY 21, 2003).............................................8 PUBLIC HEARINGN ACATION OF ROADWAY EASEMENT/17473 FLINTWOOD STREET NW Motion to Open Public Hearing.............................................................................................9 Motion to Close Public Hearing ............................................................................................10 Resolution R054-03 to Approve............................................................................................1 0 PUBLIC HEARINGN ACATION OF DRAINAGE AND UTILITY EASEMENT/3934 146111 LAND NW Motion to Open Public ..Hearing........................................................................................... 1 0 Motion to Hold Public Hearing Open ...................................................................................11 , Regular Andover City Council Meeting Minutes - March 18, 2003 Table of Contents Page ii CONSIDER LOT SPLIT WITH VARIANCE TO LOT DEPTHl1415 ANDOVER BLVD. Motion to Table ....................................................................................................................11 CONSIDER SETBACK V ARIANCE/NORTHERN NATURAL GAS FACILITY/4517 V ALLEY DRIVE Resolution R055-03 to Approve............................................................................................12 REVIEW CURRENT AND PROPOSED CITY LOGOS (CARRY OVER FROM 2/18/03)...13 RESOLUTION ROS6-03 CONSIDERING RESOLUTION SUPPORTING STATE BUDGET CUTS & PRESERVING LOCAL GOVERNMENT CONTROL ........................................14 RESOLUTION R057-03 REIMBURSEMENT RESOLUTION/COMMUNITY CENTER PROJECT ..............................................................................................................................14 APPOINT PARK & RECREATION COMMISSION MEMBER TO STAKEHOLDERS DESIGN TEAM ....................................................................................................................15 SCHEDULE WORKSHOP/COUNTY ASSESSOR .................................................................16 SCHEDULE COUNTIL GOAL-SETTING WORK SESSION .................................................16 DISCUSS AMENDMENT TO ANOKA COUNTY CDA ........................................................17 MA YORlCOUNCIL INPUT Stakeholders Design Team ....................................................................................................18 Mayors Prayer Breakfast........................................................................................................18 Woodland Development Litigation .......................................................................................18 ADJOURNMENT ......................................................................................................................18 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - MARCH I8, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 18,2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MinnesotL Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Ed Hamilton - 6615 Hwy 10, Ramsey, stated he has an assessment due on a piece of property in Andover and he would like to use part of his letter of credit to pay this. He thought they had something happening with the property in the near future. He asked if they would consider reducing the letter of credit City Finance Director Dickinson stated he would address this and bring it back to the next Cowicil meeting. . Mr. Willis Langfeld. 16151 Avenue NW, stated he received a letter in regard to some trees with Oak wilt. He contacted three different tree companies for bids because the letter did not state he had to use Andover's person so he picked the cheapest one. He took the trees down and then noticed that other trees were turning brown so they took those trees down also. He came to the City and gave them the original receipt. He was told he would hear from the City in a few months. He waited and then contacted the City and was told they would not pay for the removal because the city forester did not see the trees. They looked for tree stumps but they were already taken out. He showed pictures of the trees as they were being taken down. Councilmember Jacobson stated the issue was if they should pay for the cost to take the trees down. City Engineer Berkowitz stated they are putting together a full staff report that would be brought back in April. AGENDA APPROVAL Regular Andover City Council Meeting Minutes - March 18, 2003 Page 2 Remove from the Staff Item to Consent Item 24, (Accept February Customer Service Report). Add Item 27 (Discuss Amendment to Anoka County CDA Legislation) to Staff Item; Move Item 21 further up in the Agenda, (Declare Potentially Dangerous Dog). Remove from Consent Items for Discussion Items 9, (Approve Final Plat/Aztec Estates 2nd Addition/Woodbine Street); and Item 4, (Reimbursement Resolution/Proposed New Fire Station #3). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. Motion by Orttel, Seconded by Trude, to amend the Agenda to accept Item 27 under Staff Items. Motion carried nn~nimously. APPROVAL OF MINUTES February 25, 2003, Special Meeting: Correct as written. February 26, 2003, Special Meeting: Correct as written. March 4, 2003, Executive Session Meeting: Correct as written March 4, 2003, Regular Meeting: Correct as written Motion by Trude, Seconded by Jacobson, approval of February 25, 2003 Special Minutes as indicated above. Motion carried nnanimously. Motion by Trude, Seconded by Jacobson, approval of February 26, 2003 Special Minutes as indicated above. Motion carried nnanimously. Motion by Jacobson, Seconded by Trude, approval of March 4, 2003 Minutes as indicated above. Motion carried unanimously. LEGISLATIVE UPDATE -STATE REPRESENTATIVE CHRIS DE LAFOREST Mayor Gamache introduced State Representative Chris DeLaForest who presented the City Council with legislative issues affecting local government. Representative DeLaForest explained there are four issues that are important to the citizens of Andover. The first issue is the budget. In the House of Representatives they are in the process of setting budget targets and the Senate is doing the same. Theyall need to come together by May 19,2003 to settle on a budget. There has been a lot of discussion in regard to local government aid. He stated there are no easy choices. He has continued to pledge to work with the City. There has been talk about a wage ITeeze and if they should leave the decision up to local government. He believes it should be handled by the local government. Representative DeLaForest stated there is a bill that he is co-sponsoring to see if they can get rid - - Regular Andover City Council Meeting Minutes - March 18, 2003 Page 3 of the public policy of cities and local governmental units paying sales tax to the State. He stated it does not make sense when tax dollars all come out of the same pocket. He stated he does not know how that will fare. Representative DeLaForest stated he does not know where levy limits will end up. The second issue is transportation. Highway 65 and Highway 10 and the Northstar Commuter Rail line continue to be a concern. He stated there has been a Highway 65 coalition formed to discuss the problems and solutions with Highway 65. The Northstar rail is hard to read right now and there are questions about Northstar and whether or not it is affordable. Representative DeLaForest stated the third issue is the concern about the County's proposed legislation with respect to a Community Development Authority. The fourth issue is they will have a new Met Council coming on board and he has every hope that the newly reconstituted Met Council will seek to work in a more collaborative manner with the cities in the Metro area. Councilmember Jacobson stated there is a web site where there will be updates every week. Representative DeLaForest stated his ~bsite is www.house.mn/49a. . 1}v.- ~r'':I-)cs..-.'' =- pLJ.f) Pf--',GLJ:Æk.ð ~~" tv\ c4fl-U~)'ð- ,n,7Lu-1) ~O> """W ~'~ ""~0, ~~<v-J",c~ Councilmember ru e statèa on the State IS eCl(lirig whether they should tell City goveminents how to handle ation. She stated cities have been balancing their budgets for a long time and with the cuts ming mid-year, there is no time to levy for expenses and it-is-a-penalty t6 aetually spe;nd m5!!'y. City Finance Director Dickinson stated what is included in the revenue computation is special assessments and tax increments which have been dedicated to debts that have been issued in past years. He stated it also includes user charges for utilities which may be put in a Capital Project Fund which is being used against the City and he is seeing this as one of the flaws in the formula. Councilmember Trude stated if they did not need to bond for new roads, water treatment plants and fIre stations, they would not have this debt. ClrYLUllu..d t-f -1-03 Representative DeLaForest stated they have created a tangled web between the cities and the State. Mayor Gamache thanked State Representative DeLaForest for addressing the residents of Andover. AMM UPDATE - GENE RANIERI Mayor Gamache introduced AMM Executive Director Gene Ranieri who presented the City Council with Metropolitan Council matters affecting local government. Mr. Ranieri stated when the Government's budget was released they spent time reviewing it. The major reduction for Andover will be in the Market Value Homestead credit and not the aid. This year it is proposed $590,000 and next year will be $640,000 credit They are meeting with the Commissioner of Revenue along with the League of Cities to discuss these issues. Regular Andover City Council Meeting Minutes - March 18, 2003 Page 4 Mr. Ranieri discussed the bills and legislation that have been introduced and stated his website is www.arnmI45.org. PRESENTATION/ACE SOLID WASTE Mayor Gamache introduced ACE Solid Water Representative Julie Rosenberg who presented the City of Andover a check for $875.00. CONSENT ITEMS Item 2 Approval of Claims Item 3 Reimbursement ResolutionlNew Development PTOjects (See Resolution R046-03) Item 5 Reimbursement ResolutionIProposed New Fire Station #3 (See Resolution R047-03) Item 6 Reduce Letter ofCredit/DeveIoper' s ImprovementsIW oodland Estates 2nd Addition Item 7 Reduce Letter of Credit/Developer' s ImprovementsIW oodland Oaks Item 8 Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs!03- 2!Woodland Creek Golf Villas (See Resolution R048-03) Item 10 Approve Plans & Specs!Order Advertisement for Bidsl02-48/Shady Oak Cove (See Resolution R049-03) Item 11 Approve Plans & Specs!Order Advertisement for Bidsl02-50/Maple Hollow (See Resolution R050-03) Item 12 Approve Plans & Specs!Order Advertisement for Bids!99-8A!Well #8 Pumping System (See Resolution R051-03) Item 13 Support Appointment/Coon Creek Watershed District Vacancy Item 13a Approve Raffle Permit/Andover Center Ice Club Item 24 Accept February Customer Service Report. Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Undersheriff Dave King, Anoka County Sheriffs Department, provided an update on law enforcement activities occurring within Andover. Councilmember Trude stated in the news there is a heightened security alert. She asked ifhe could explain the emergency plan Andover has. Undersheriff King stated they have a captain in charge of the emergency management program and have reviewed a lot of the policies. They have measures in place and have identified potential targets Regular Andover City Council Meeting Minutes - March 18, 2003 Page 5 in Andover for terrorist activity and the potential target is 10w. He stated they have measures in place and are ready to move if needed. CounciImember Jacobson stated in the Sheriffs' report that Anoka County has the dubious honor of being the methane lab capital in the state. He asked why they would have so many. Undersheriff King stated the labs seem to be in more rural areas because they seem to go undetected. Their drug task force is active and a lot of the numbers are elevated because of this. DECLARE POTENTIALLY DANGEROUS DOG Finance Director Dickinson explained on Sunday, March 9, 2003 a dog left its property and attacked another dog causing serious injury. City Administrator Erar discussed the police report and other information with the Council. Councilmember Jacobson asked City Attorney Hawkins in reference to the Ordinance, does it require getting rid of the dog in the first or second bite. City Attorney Hawkins stated it would be on the second bite. Councilmember Jacobson asked if this dog has had any other incidents. City Attorney Hawkins stated he was not aware of any other incidents of the dog biting. Councilmember Jacobson stated there are a number of people who are asking the Council to get rid of the dog and asked if the Council could do this. City Attorney Hawkins stated under the Ordinance, they cannot get rid of the dog after the first bite. CounciImember Orttel stated they should get information on the State Law. City Attorney Hawkins stated their Ordinance is modeled after the State Statute and does comply with it. Councilmember Trude asked if there was an exception for especially egregious acts. City Attorney Hawkins stated the Ordinance does address the issue where it does kill a domestic animal as a first incident of being a dangerous dog. Mayor Gamache stated the owner has fourteen days to accomplish the four steps and asked what the city could do ifhe does not comply. City Attorney Hawkins stated they would have the right to have the dog removed from the property. CounciImember Orttel stated if anyone sees the dog off the property, contact the City. City Attorney Hawkins stated they should call 911 and the dog would be removed. Councilmember Jacobson stated there is indication of two dogs in the report but the resolution is only for the black lab being a dangerous dog. Mayor Gamache stated the report &om the officer was just on the black lab. Mr. Paul Pairitz, 15534 Kumquat Street, stated he was the one that found "Jake" in his garage. . Regular Andover City Council Meeting Minutes - March 18, 2003 Page 6 He stated the police could never get the people who owned the dog to answer the door. The people who owned "Jake" went to the lab owner's house five times before they answered the door. He stated a neighbor's daughter was bit a couple of years ago by the white dog, which is part wolf. The second time was December 2001; a dog was attacked by the white dog. He stated a number of people have been cOnITonted by the white dog. Mr. Jimmy Bates, 412 157th Avenue NW, stated he was sorry about what has happened and he does not think the white dog ever bit anyone. He has had the dog for twelve years and if the dog bit anyone, he would think that he would have heard about it. He did not know anything about the dog killing another dog. Councilmember Knight asked if the dogs run loose. Mr. Bates stated his son left the basement door open and he usually keeps the dogs chained up. He stated it was his understanding from the police report was "Jake" was left out so how did he know "Jake" did not attack his dog first. His dogs are not the only ones that run loose in the neighborhood. Mr. Stan Osmundson, 462 1 56th Avenue NW, stated "Jake" was his dog and he was on their personal property. The dog is usually kenneled and considered the neighborhood dog. He stated Mr. Bates stated his dogs may have been out by accident but he has seen the dogs numerous times and they have walked through his yard. Ms. Cheryl Wanamaker, 15514 NW Juniper Street, stated she lives by a park with many children ages six and under and are all smaller than "Jake". She is not concerned about her dog and she is concerned about her kids. She has seen the dogs go through her yard. It would be a tragedy if these dogs killed a child. Mr. Bates stated he agreed with Ms. Wanamaker that the kids are more important than his dogs and there should be a sign up in the park that no dogs are allowed. He stated if everyone wanted the black lab put to sleep, he would put it to sleep tomorrow so it would not hurt a child. Councilmember Jacobson asked if either dog is licensed in the City. Mr. Bates stated he did not know they needed to be licensed. City Attorney Hawkins recommended the Council take action on the black lab and further investigate the incidents with the white dog. Councilmember Orttel stated they would not be able to do anything on the white dog until the owner is notified and sufficient information is given. --- Regular Andover City Council Meeting Minutes - March 18, 2003 Page 7 Motion by Jacobson, Seconded by Knight, to adopt Resolution R052-03 declaring the black lab a dangerous dog and order the owner to comply with the above requirements with the understanding that the owner of the black lab verbally agreed to the City Council to remove the dog and have it put down. Mr. Osmundson stated as far as the white dog goes, he has heard plenty and he wondered what the residents need to do to move this forward. City Attorney Hawkins stated the residents should contact the City Clerk and she will start the investigation into this. Motion carried unanimously. APPROVE FINAL PLAT/AZTEC ESTATES 2ND ADDITIONIWOODBINE STREET Community Development Director Neumeister explained the final plat for these three lots can be acted upon and staff has found the plat to be in compliance with the preliminary plat of "Aztec Estates" and all applicable ordinances. Ms. Sonsteby stated when the County of Anoka put the 20 by 40 foot berm on the south side of Woodbine, next to the property they condemned from her, they dug down a few feet and then put plastic before they filled it in so ground water would not seek its own level. She stated they have a pond set at 866 to connect to that culvert past the berm for overflow. She demanded the bottoms of the ponds be sealed. She stated she has paid for fifteen years over $44,000 for an outlet to Anoka. Ms. Sosteby wanted to know where the overflow ITom the pond near Anoka County 116 was directed. She asked why two ponds needed to be put in for ten acres. City Engineer Berkowitz stated Ms. Sonsteby is referring to not only Woodbine Street but also Aztec Estates First Addition. The storm water drainage will be handled in a detention sedimentation basin and the overflow will flow away ITom her property. Ms. Sonsteby stated when she sold the property she had in her declaration of land use that she does not want an ounce of water coming onto her private property because she has paid over $44,000 for an outlet to Anoka. Mr. Berkowitz showed a drawing of the property in question and described what actions will be taken in regard to the two issues. Motion by Trude, Seconded by Jacobson, to approve the final plat of Aztec Estates 2nd Addition/Woodbine Street. Resolution R053-03. Mr. Berkowitz stated the staff is working with Ms. Sonsteby and her scientist on these issues. Motion carried n"a"imously. Regular Andover City Council Meeting Minutes - March 18, 2003 Page 8 RECEIVE RESPONSE FROM METROPOLITAN COUNCIL ON RURAL RESERVE QUESTIONS (CARRYOVER FROM JANUARY 2I, 2003) Community Development Director Neumeister stated the Counci11ast discussed the Rural Reserve Area on January 21, 2003. At that meeting there was discussion and questions tha~ needed a response from the Metropolitan Council. Ms. Vicki Sprague responded to the Council's questions. She stated density is based on the gross acreage of the property minus the wetlands, major highways of two hundred feet of frontage or more, less the park lands and any other lands they would protect by Ordinance which would leave them with a net acreage or buildable acreage. She stated when they are dealing with urbanization of an area, they deal with buildable acres. Wbenever they deal with rural areas, they deal with gross acres. CounciImember Trude stated the reason they did the study was to look at if they were to urbanize and it was not an assumption. Ms. Natalie Steffen stated the City was asked to engage in the study and it was to determine one thousand buildable acres. The City was not sure they could do this but they were trying to get the 2020 plan approved. It was done with the idea that they would come up with the buildable acres. Discussion ensued in regard to what is considered buildable acres and what was agreed to in the contract. Councilmember Jacobson stated they would need to look at a huge area in order to get buildable acres. City Administrator Erar stated at the time this was being negotiated, the recollection he had was that the City needed to recognize a minimum of one thousand acres of rural reserve that was based on buildable standard. They did discuss the fact that not all of this was buildable because of the fact that there were wetlands and areas that were designated as part of the flood plain. He stated they did discuss that in order to establish one thousand acres of rural reserve, the process would take them through identifYing land that was developable versus what was not. The areas they currently have are very close to the thousand acres of rural reserve. He stated the Council made no stipulation on density levels. The issue at that point was the rural reserve was related to developable property. Councilmember Knight stated in that case, one thousand acres does not apply because the acreage would be much more, ifbuildable. Mayor Gamache stated he thought they had one thousand acres already chosen so he did not think they would be short of acreage. Mr. Neumeister showed a map of the areas in question. Discussion continued as to what areas were considered buildable. Mr. Tom Bollig, 3060 South Coon Creek Drive, stated he lives on 2.5 acres that will be included in the one thousand buildable acres and he believed the costs would outweigh any benefit to getting sewer and water in. He cannot see how they can put the burden on a certain neighborhood. --- . -- - u _0 - --"- "-- Regular Andover City Council Meeting Minutes - March 18, 2003 Page 9 Councilmember Orttel stated the City has never forced a resident to sell property and being in the rural reserve, does not mean they have to get sewer and water. They can petition to get it. Discussion continued in regard to the one thousand buildable acres versus one thousand gross acres. Ms. Steffen stated in question number two there is nothing in the CIP to enrich the capacity. She stated one of the restraints is that if they do not have infrastructure, and they come in with a plan amendment, they do not have infÌ"astructure. Councilmember Trude stated their study was a good planning document and the engineers spent a lot of time and they found out that the capacity in the Coon Rapids interceptor could service all of the areas in their map. She did not know if it made sense for the fifty year plan to oversize the pipe of the first section of land. Mr. Erar stated the sewer study does provide for an option of over sizing. Mr. Jim Knoll, 14817 Round Lake Boulevard, stated they did get an answer ITom the Met Council regarding timing and there seerns to be a dispute as to whether their interpretation is correct or not He thought it might be appropriate for the Council to make a motion to accept this explanation. Mayor Gamache stated he did not think a motion was necessary because the contract they signed with the Met Council was adequate. PUBLIC HEARINGIVACATION OF ROADWAY EASEMENT/17473 FLINTWOODSTREET NW Community Development Director Neumeister explained the property owner has requested that the existing 33-foot roadway easement bordering the south end of the property be vacated. A 10-foot drainage and utility easement will be established in its place bordering the south end of the property. The subject property contains a significant amount of wetlands. The south end of the property provides the most buildable area where the property owner wishes to construct a home. Mayor Gamache left the meeting at 9:25 p.m. and Councilmember Orttel presided over the rest of the meeting. Motion by Trude, Seconded by Jacobson, to open the public hearing at 9:30 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Jacobson, Seconded by Knight, to close the public hearing at 9:30 p.m. Motion carried unanimously. Councilmember Jacobson stated they can delete the paragraph under the second whereas because it is a duplication. ~ - - Regular Andover City Council Meeting Minutes - March 18, 2003 Page 10 Motion by Jacobson, Seconded by Knight, to approve Resolution R054-03 for the proposed vacation of easement with the changes discussed. Motion carried unanimously. PUBLIC HEARING/VACATION OF DRAINAGE AND UTILITY EASEMENT/3934 146111 LANE NW Community Development Director Neumeister explained the property owner has requested that an existing drainage and utility easement be vacated. An easement along the 100-year flood plain boundary will be established in its place located in the far south comer of the rear yard. The existing easement includes a significant amount of the rear yard where the property owner wishes to install a swimming pool and patio. Mr. Neumeister reviewed the project with the Council. Mayor Gamache returned to the meeting at 9:32 p.m. Councilmember Jacobson asked with the changes in the drawing, is the Resolution legal now correct City Engineer Berkowitz stated it was. CounciImember Jacobson asked if there was any danger of storm water flowing over into the pool area. City Engineer Berkowitz stated the area that is being vacated is outside of the hundred year flood elevation. Councilmember Trude asked if someone has gone out to look at the site. Mr. Berkowitz stated it appears the basin has some sediment in it and will be cleaned out at the time the pool is constructed. Motion by Jacobson, Seconded by Knight, to open the public hearing at 9:36 p.m. Motion carried unanimously. Mr. Gordon Corrello, 14563 Dakota Street, stated when he moved there in 1994, that area was water and since they have developed in there, it has slowly filled with sediment. He stated they have tried to do things in the back before and he has been personally denied because of the park and wetland in the back. He stated the drawing does not appear to be the way it actually is. The City never made the builder go back and dredge the silt He stated he would be opposed to abandoning any easement Councilmember Trude asked if this would be part of a DNR protected wetland. Mr. Berkowitz stated this would be something he would need to look at. Mr. Charles Post, 14587 Dakota Street agreed with Mr. Corrello. He cited his concerns with the resident who is allowed to do things the others are not Mr. Mark Kurtz, 3934 146m Lane, stated he is the owner of the property and they are not going to install a pool. He stated if they look at the original easement, all he wants to do is extend his patio out. He talked to the soil conservation district in regard to trees and they said it was legal to plant all the trees he wanted. Councilmember Trude asked if it was his property. Mr. Kurtz stated it was not Regular Andover City Council Meeting Minutes - March 18, 2003 Page 11 his land. Councilmember Trude stated they would figure out who the owner of the land is. Motion by Jacobson, Seconded by Knight, to hold the public hearing open until the fIrst meeting in April aod ask the City Engineer and staff to look at the property to confIrm and verify the drawings and look if there are some structures that should be shown on the drawing and measure the distance to see if there is any impingement on the wetland area aod come back with the answers. Motion carried unanimously. City Council recessed at 9:50 p.m. City Council reconvened at 9:55 p.m. CONSIDER LOT SPLIT WITH V ARlANCE TO LOT DEPTIU1415 ANDOVER BLVD. Community Development Director Neumeister explained the applicaot is seeking to re-establish a property line between two previously combined urbao residentiallots. A house exists toward the south end of the lot. The proposed lot split would allow a second home to be constructed on the northerly portion of the lot. A variaoce to lot depth is necessary to allow the lot split to occur. CounciImember Trude stated the history spoke for itself aod the City required the deed be filed this way and she did not see a hardship. Mr. Neumeister showed a map of the land aod clarified where the lot lines are and what the footage is and the Council discussed what would justify a hardship. Councilmember Jacobson asked when the laod was purchased. Mr. Wade Peterson stated he purchased the laod in 2001 and was misled by the realtor that the land was split-able. They also came to the City to see if the land could be split and the City did not have any problem with it so they did not think aoything of it until they actually tried to split the land. Councilmember Jacobson asked where the extra stub is located. City Engineer Berkowitz stated the way he understands it is the utilities were put in aod then after the utilities were put in, it was requested to take off the fifty feet &om the land. Discussion continued as to the history of the 10ts and the decisions made by previous City Councils. Councilmember Ortte1 asked if there was an assessment that was deferred on the books. City Finance Director Dickinson stated he reviewed the books aod there is a deferred assessment. One assessment was paid at the time the stubs were installed aod the second assessment was deferred and still needs to be paid. Councilmember Trude thought they should table this item and allow the City Attorney to review the fmdings to see if they could justify the hardship. Regular Andover City Council Meeting Minutes - March 18, 2003 Page 12 Motion by Trude, Seconded by Orttel, to table this item until the April 1, 2003 City Council meeting to allow the City Attorney to review the findings to see if they justify the hardship. Motion carried unanimously. CONSIDER SETBACKVARIANCE/NORTHERN NATURAL GAS FACILITY/4517 VALLEY DRIVE Community Development Director Neumeister stated the applicant is requesting a variance to the setback ITom County Road 58 (Valley Drive) to locate a building within an existing easement on the subject property. The structure would be used to odorize a branch of the natural gas pipeline that originates on the property. This project is intended to achieve compliance with recently changed federal regulations that require branch lines off of the natural gas system to be odorized. Councilmember Knight asked if the lot is zoned commercial. It was noted it was a backlot of the property in front of it. Mr. Leland Mann, representing NW Metro Gas introduced himself. Councilmember Knight asked what would happen to the lot in t=s of it being a commercial lot and if the pipes would be sticking up. Mr. Mann stated it would be on an easement already on the property. Councilmember Jacobson asked why the facility needed to be installed on the lot at this particular location. Mr. Mann stated it is at the beginning of the pipeline that needs to be odorized and there are valves at the beginning of the pipeline. He stated this is the pipeline that is going to Anoka and the pipeline going to Elk River does not to be odorized at this time. Mr. Abe Brushat stated that with branch lines, they are regulated by the DOT to odorize them if they are over fifty percent in classification with residential. He stated they have to inject where that line takes off. CounciImember Jacobson asked if they are required to odorize the Elk River line, will they need to enlarge this. Mr. Brushat stated they would not because they would odorize farther up the line. Councilmember Jacobson asked how far from the intersection this building would be and would there be any protection around the building in case of an accident. Mr. Neumeister stated the square around the building is approximately 80.98 feet from the edge of the right-of-way for County Road 7. Councilmember Jacobson stated there was some discussion in regard to the look of the building. Mr. Mann stated the building would look like the walls in the Council Chambers. -- Regular Andover City Council Meeting Minutes - March 18, 2003 Page 13 Motion by Jacobson, Seconded by Orttel, to approve Resolution R055-03 for a variance to the County Road setback requirements and to allow barbed wire fencing around the structure and equipment and the County needs to approve access to Valley Drive. Motion carried nnaniTT ously. REVIEW CURRENT AND PROPOSED CITY LOGOS (otRRYOVER FROM FEBRUARY IS, 2003) Community Development Director Neumeister explained at the meeting of February 18, 2003 the Council directed staff to add an oak tree to one particular logo design to see what it would look like. Council also directed staff to armounce to the residents and anyone interested that they could submit additional ideas for a new logo. Staff put an article in the City's newsletter, the Anoka County Union and it was aired on QCTV and as a result 15-20 new designs have been submitted by residents. Mr. Neumeister discussed the different logos with the City Council. Mayor Gamache requested they keep the Andover "A" in the logo. Following discussion, Council consensus was to direct staff to develop the logo with the graphic tree either eliminating or spelling out "established". Motion by Jacobson, Seconded by Knight, to develop the logo with the graphic tree and either eliminate or spell out "established". Councilmember Trude stated she would like to have color in the logo. Mayor Gamache asked if they could see different sizes of trees in the logo. Motion failed. Motion by Orttel, Seconded by Trude, to develop the logo with an Oak tree. Motion carried 4 ayes, 1 present (Jacobson) CONSIDER RESOLUTION SUPPORTING STATE BUDGET CUTS AND PRESERVING LOCAL GOVERNMENT CONTROL City Administrator Erar explained the Association of Metropolitan Municipalities is encouraging cities to adopt resolutions opposing state aid cuts and supporting the preservation oflocal government control. - - . ~- Regular Andover City Council Meeting Minutes - March 18, 2003 Page 14 Mayor Gamache asked if they should change the title of the resolution. Mr. Erar stated the title was advised by the AMM but the Council could change it. Mayor Gamache stated they Council already knew there would be budget cuts and are ready to work with them to fmd a way to work them in. Councilmember Jacobson stated he thought the Resolution title should read "A Resolution Calling on the Minnesota Legislature to Preserve the Local Government Control." Mayor Gamache stated this would be appropriate because there is not any talk about budget cuts in the Resolution. Motion by Orttel, Seconded by Trude, to adopt Resolution R056-03 as amended. Motion carried unanimously. REIMBURSEMENT RESOLUTION/COMMUNITY CENTER PROJECT Finance Director Dickinson explained the Andover City Council recently selected an architect and construction manager to start the design of the proposed Andover Community Center Project and will be incurring allowable costs to be reimbursed by a subsequent bond issuance if the Andover Community Center Project is formally approved and proceeds toward construction. Councilmember Trude asked if they were going to have a set rate for costs for the first ninety day period before they decide to move forward. City Administrator Erar stated he has talked to the architect and construction manager and the information will be forwarded to the City Council. The Construction Manager does not believe they will charge the City any fees for the first ninety days with the provision that should the Council move forward RJM would remain as construction manager. He stated he has a meeting set up with the architect to go through their service agreement and he does not anticipate they will wait for any types of payments. He stated they are moving forward with quit a bit of work. Two agreements will be forthcoming on April 1,2003. Councilmember Jacobson referred to Exhibit A, in regard to the twelve million estimated costs. He stated he talked to City Finance Director Dickinson about this and the Council did put a cap on twelve million dollars on the structure but Mr. Dickinson stated the extra money is for capitalized interest. He pointed out that they did put a cap on twelve million for the structure and it would not cost more for the structure. Mr. Erar stated the Council did not place a cap, they indicated it was roughly twelve million give or take several hundred thousand dollars. The Council disagreed. Councilmember Trude stated meetings have been set up but they have not heard anything. She asked when the meetings will start with the architects. Mr. Erar stated they have established meetings for Thursdays for the facilities workgroup meetings and the Stakeholders Design Group will be set up after this Thursday's meeting. Motion by Trude, Seconded by Orttel, to approve Resolution R057-02 reimbursing project costs incurred for the proposed Andover Community Center Project. ---. Regular Andover City Council Meeting Minutes - March 18, 2003 Page 15 APPOINT PARK AND RECREATION COMMISSION MEMBER TO STAKEHOLDERS DESIGN TEAM City Engineer Berkowitz explained the Commission Chair was to make the appointment based on the City Council's action. Chairman Lindahl was not at the last meeting. Vice-Chair BIackstad appointed Commissioner Grabowski to serve on the team. Commissioners Peterson and Maslowski wanted to be on the team also. After some discussion among the Commission, it was suggested the City Council determine the representative to serve on the team. Motion by Trude, Seconded by Knight, to appoint Commissioner Peterson to the Stakeholders Design Team. Councilmember Orttel asked why the Park Commission did not appoint someone. Councilmember Trude stated the chair was not at the meeting and everyone on the Commission agreed it should go to the Council because they were uncomfortable making the decision. Mayor Gamache stated he was disappointed and thought the Park and Recreation Commission should have made the decision on this. City Engineer Berkowitz stated if the other members were not chosen, they would still want to be involved. Motion failed 2 ayes, 3 nays (Jacobson, Orttel and Gamache). Mayor Gamache thought they should send this back to the Park and Recreation Commission for them to decide who should be appointed to the Stakeholders Design Team. Motion by Orttel, Seconded by Jacobson, to have the Park and Recreation Commission select a Commissioner to the Stakeholders Design Team by consensus. Motion carried unanimously. SCHEDULE WORKSHOP/COUNTY ASSESSOR Motion by Orttel, Seconded by Jacobson, to approve a workshop with the County Assessor at 6:00 p.m. on April], 2003. Motion carried unanimously. SCHEDULE COUNCIL GOAL-SETTING WORK SESSION City Administrator Erar explained Council is requested to schedule a Goal-Setting Workshop for purposes of evaluating outcomes of Council goals that were established last April 2002, and providing new direction to City staff regarding Council goals for 2003-04. Councilmember Jacobson did not think the department heads should be involved in the Goal- - -. - Regular Andover City Council Meeting Minutes - March 18, 2003 Page 16 Setting work session because it was a place where the City Council could brainstorm ideas and then they could have a separate meeting to discuss the ideas. Mr. Erar stated the work session usually involved department heads because they could give their ideas also. Councilmember Orttel stated the benefit of having them there is to defme the goals they are setting up and he thought it was helpful and he was not intimidated by them being there. Mayor Gamache stated he liked having staff there because they always have ideas that the Council does not think of and he thought it would be a benefit to have them there. Councilmember Jacobson stated when they set goals, they set broad ideas and then how it is accomplished is set by staff. Councilmember Trude stated they could have one night with just the Council and another night with staff. Motion by Jacobson, Seconded by Orttel, to schedule a Goal-Setting Workshop for Wednesday, April 23, 2003 at 7:00 p.m. for the City Council and City Administrator to brainstorm. Motion carried unanimously. DISCUSS AMENDMENT TO ANOKA COUNTY CDA City Administrator Erar explained that over the course of the last two weeks, an amendment to the County's legislation was being circulated by the City of Fridley that would allow cities who do not wish to participate in the County's CDA program the opportunity to opt out. It should be noted that this amendment is very preliminary and has not been reviewed by the County, nor have any other cities officially supported it. Feedback from city managers and arlministrators in Fridley, Anoka, Ramsey, and Coon Rapids suggest that this proposed language is preferable as it allows cities to opt out of any special County levies while allowing other cities the opportunity to participate as they see fit. Similarly, it allows the County to establish a CDA without imposing any additional tax burdens on non-participating cities. This amendment has not been accepted by the County. It does, however, allow Anoka County cities to come to the table with their own preferred legislative amendment should the County wish to negotiate a new position. Councilmember Orttel stated he thought the change was great and what they are looking for is a little control. Councilmember Knight asked what the goal or intent is. Mr. Erar stated it allows those cities that want to participate and who are supportive of a special tax levy to support those County economic development initiatives to go ahead and while allowing cities that do not want to participate, to say no. Councilmember Knight asked if there was a hidden agenda from the County. Mr. Erar stated he thought their agenda had to do with past initiatives that have benefited the entire County but only a few cities have financially supported those initiatives. Councilmember Knight asked if part of the agenda was the Northstar Corridor. Councilmember Orttel stated this was what they had said but he was not sure. Regular Andover City Council Meeting Minutes - March 18, 2003 Page 17 Motion by Jacobson, Seconded by Knight, that the City goes on public record as begin against Senate file 547 as presented by Anoka County but should the legislation proceed and it appears that it is to be made law, we would strongly suggest the following inclusion be added to the bill and at that point they would add the language presented to them. (Language to be added: "Any proposed tax levy by the Anoka County Community Development Authority must be approved in whole or in part by a loca1 governing body withjurisdiction over all or any part of the area in which the proposed tax will be levied if a housing and redevelopment authority or economic development authority under the jurisdiction of the 10cal governing body currently levies a tax under Minnesota Statutes, sections 469.001 to 469.047 or sections 469.090 to 469.1082." Motion carried lIn~nimously. MAYOR/COUNCIL INPUT (Stakeholders Design Team) - Mayor Gamache asked if someone specifically &om the Hockey Association was included on the Stakeholders Design Team. Mr. Erar stated they decided to list all of the athletic associations. CounciImember Orttel stated the hockey association is a greater organization than the others in the Community Center. Councilmember Knight asked why they would not include the Hockey Association in the Stakeholders Design Team to begin with. It was noted they wanted to cut down on voting members. Mayor Gamache suggested they appoint Mr. Frank Kellogg to the board of the Stakeholders Design Team. Motion by Knight, Seconded by Trude, to appoint Mr. Frank Kellogg to the Board of the Stakeholders Design Team. Motion carried un~n;mously. (Mayors' Prayer Breakfast) - Mayor Gamache stated the Mayors' Prayer breakfast is &om 7:00- 9:00 a.m. this Friday at St Stephens in Anoka. CounciImember Trude stated she would be at the breakfast (Wood/and Development Litigation) - CounciImember Jacobson asked if there has been a response &om the attorneys for Woodland Development about their proposal. City Administrator Erar stated he has not seen any type of response. CounciImember Jacobson stated the reason he brought this up was they talked about an April 1, 2003 meeting and he could not be there so he asked if CounciImember Orttel could be there. Councilmember Orttel stated he would be at the meeting if needed. City Administrator Erar stated he would check the minutes in regard to the twelve million dollars because both the CM and architect have said the same thing he relayed. Councilmember Trude read the motion to Mr. Erar. .~ Regular Andover City Council Meeting Minutes - March 18, 2003 Page 18 Motion by Orttel, Seconded by Jacobson, to adjourn. Motion carried lIn~n;mously. The meeting adjourned at 11 :45 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary , -- ~.