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HomeMy WebLinkAboutCC March 4, 2003 ~aAJ CITY OF ANDOVER ~ 3-(1·0?J 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 4, 2003 Executive Session - 5:45 p.m. - Woodland Litigation - Administration Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum a. Round Lake Association/StaffUpdate/Lee Wameka, Continued - Engineering Agenda Approval 1. Approval of Minutes (2/18/03 Executive Session; 2/18/03 Regular; 2/3/03 Special) 2. Proclamationilleclare March Minnesota Food Share Month 3. Proclamation/Y outh First Day 4. Badge Presentations-Fire Department Consent Items 5. Approve Payment of Claims - Finance 6. Approve Reduction of Letter of Credit #00-1 O/Special Assessments/99-32/W oodland Estates 2nd Addition - Finance 7. Approve Release/Cash Escrow/00-4IIRed Pine Fields - Finance 8. Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs/02-50/Maple Hollow- Engineering 9. Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs/03-5/City View Farm- Engineering 10, Order Plans & Specs/02-4 7/Foxburgh Crossing - Engineering 11. Waive Public Hearing/Adopt Assessment Ro1V98-29 Grey Oaks (Phase I) & 00-16 Grey Oaks (Phase II)- Engineering 12. Waive Public Hearing/Adopt Assessment RoIV00-43/Natures Run - Engineering 13. Approve Plans & Specs/00-42/ Aztec Estates - Engineering 14. Approve Tobacco License/Stop-n-Shop#8/13725 Crosstown Drive - Clerk 15. Approve 3.2% Malt Liquor License/Stop-n-Shop/13725 Crosstown Drive - Clerk 16. Authorize City Engineer to Execute NPDES Phase II Application/02-31 - Engineering 17. Receive 2003 CDBG Project Update - Community Development Discussion Items 18. Hold Public Hearing/02-16/Quickstrom Addition - Engineering 19. Resident Request/Marystone BoulevardIRoanoke Street Improvements/02-44 (Continuation)- Engineering 20. Consider SUP/Addition to Constance Free Church/I6150 Crosstown Blvd.-Planning 21, Approve Revocation of SUP 88-1 OIRademacher Companies/14320 Crosstown Blvd.-Planning 22. Community Center Design Teams/Process - Administration StaffItem 23. Schedule EDA Board Meeting - Administration 24. Schedule City Council W orkshop/O 1-18/Transporation Plan - Engineering 25. Appoint Planning and Zoning Commissioner to fill Vacancy - Planning Mayor/Council Input a. Receive Letter/ Opposing PACT Charter School Locations in District 15 - Administration Adiournment , , , REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -MARCH 4,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE...........................,......................................................................... 1 RESIDENT FORUM ............................................,....,............................................................... 1 Round Lake AssociationlStaffUpdate/Lee Wameka, Continued.................,....................... 1 AGENDA APPROV AL.........................,....,.............................,....,....,........................,.........,...2 APPROVAL OF MINUTES................................................................,..................,.........,....,...2 PROCLAMATION/DECLARE MARCH MINNESOTA FOOD SHARE MONTH............... 3 PROCLAMATION/YOUTH FIRST DAy............................................................................... 3 BADGE PRESENTATION - FIRE DEPARTMENT ...................................................,...........3 CONSENT ITEMS Approve Payment of Claims .,...................,...........................................,.............................. 4 Approve Reduction of Letter of Credit #00-10/Special Assessments/99-32/Woodland Estates 2nd Addition .......................................,................................................................4 Approve Release/Cash Escrow/00-41/Red Pine Fields ....................................................... 4 Resolution R038-03 accepting Feasibility Report/Waive Public Hearing/Order Plans & Specs/02-50/Maple Hollow ..............................................................,...................,....,.... 4 Resolution R039-03 accepting Feasibility Report/Waive Public Hearing/Order Plans & Specs/03-5/City View Farm............................................................................................ 4 Resolution R040-03 ordering Plans & Specs/02-47/Foxburgh Crossing............................ 4 Resolution R041-03 waiving Public Hearing/Adopt Assessment Ro11/98-29 Grey Oaks (phase 1) & 00-16 Grey Oaks (phase II)......................................................................... 4 Resolution R042-03 waiving Public Hearing/ Adopt Assessment RoII/00-43/Natures Run 4 Resolution R043-03 approving Plans & Specs!00-42/ Aztec Estates................................... 4 Approve Tobacco License/Stop-N-Shop #8/13725 Crosstown Drive................................. 4 Approve 3.2% Malt Liquor License/Stop-N-Shop/13725 Crosstown Drive .......................4 Authorize City Engineer to Execute NPDES Phase II Applicationl02-31........................... 4 Receive 2003 CDBG Project Update................................................................................... 4 Approve Arbitrage Payment/1999 Improvement Bonds...................................................... 4 Appoint Planning and Zoning Commissioner to Fill Vacancy............................................ 4 HOLD PUBLIC HEARING/02-16/QUICKSTROM ADDmON Motion to Open Public Hearing...............,............................................................................6 Motion to Close Public Hearing ........................................................................................... 6 Motion to Continue the Public Hearing ................................................................................7 RESIDENT REQUESTIMARYSTONE BOULEV ARD/ROANOKE STREET IMPROVEMENTS/02-44 (CONTINUATION) Motion to Deny ................................................,................,....,.............................,................ 9 Motion to Table Item ..................,.......................................,..,........................,........,............ 10 CONSIDER SUP/ADDmON TO CONSTANCE FREE CHURCH/16150 CROSSTOWN BOULEVARD Resolution R044-03 to Approve........................................................................................... 11 APPROVE REVOCATION OF SUP 88-10/RADEMACHER COMPANIES/ 14320 CROSSTOWN BOULEVARD . - - - - Regular Andover City Council Meeting Minutes - xx. 2003 Table of Contents Page ii Resolution R045-03 to revoke. .......... ,........... ......... .......................... ............ 12 COMMUNITY CENTER DESIGN TEAMS/PROCESS Motion to Approve......................,.................................................................,....................... 13 Motion to Amend .........,..............,....,.................................................................................... 14 Motion to Appoint ...........................,.........,....................,..................................................... 14 Motion to Appoint ....................................................,........,.................................................. 14 Motion to Approve....................................................,.........,..........,.............,........................ 14 SCHEDULE EDA BOARD MEETING...........................................................,..............,.........14 SCHEDULE CITY COUNCIL WORKSHOP/OI-18/TRANSPORTATION PLAN................ 14 MA YORlCOUNCIL INPUT Receive Letter/Opposing PACT Charter School Locations in District 15 ........................... 15 Televising Council Meetings .......................................,........................................................ 15 Andover Station Temporary Sign .........................................................................................15 ADJOURNMENT..,...................,.........,................................................................................ 15 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING -MARCH 4,2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 4, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. CounciImembers 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 Birkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Lee Warneka - Round Lake Association/StaffUvdate City Engineer Berkowitz explained at the February 18, 2003 City Council meeting, Mr. Warneka addressed the City Council regarding the association's concerns about the current status of Round Lake. A meeting was held on February 19,2003 with City staff, DNR, CCWD and the Anoka County Highway Department to discuss the concerns regarding Round Lake. Mayor Gamache asked if this requires the City to request the money. Mr. Dickinson stated it is money that is on deposit at the City; they serve as a fiduciary for their part of it and they do have dollars to cover this in the fund. Councilmember Jacobson asked if the construction on Round Lake Boulevard is done at the same time, would it invalidate the study. Mr. Berkowitz stated they would expedite the study as soon as possible. Councilmember Orttel asked what the study consists of. Mr. Berkowitz stated the study would include the entire watershed of the lake. Mr. Warneka stated they are happy to see something happen but it is the quality they would like to see happen. Round Lake is as 10w now as it was during the drought years so he does not see the Regular Andover City Council Meeting Minutes - March 4, 2003 Page 2 validity of performing another study. Mayor Gamache stated if they are going to 100k at the condition of the lake during a rainy year, they should see the water level going up in the lake along with other lakes and if that is not what they find, they will know something has happened. Mr. Berkowitz explained who would be involved in the study and stated they would also like Mr. Wameka involved. Mayor Gamache stated he is glad the DNR and Anoka County are involved because he does not want the road to go in without some answers being given in regard to the changes in the lake. Discussion continued in regard to installing piezometers and the effect of the study. Mr. Warneka stated they need to do something that is constructive. Councilmember Trude stated these are the steps the Anoka Conservation District needs to take to find problems and to solve them. Councilmember Orttel asked if they could have the Anoka Conservation District 100k at the effects of the storm water running into the lake. Mr. Berko\yitz stated they could. Motion by Jacobson, Seconded by Orttel, to authorize funding to assist the Anoka Conservation District in conducting and evaluating Round Lake with a maximum of $2,000 coming out of the watershed district fees being held by the City and at the same time the Conservation District should 100k at and make use of all the material developed by the Round Lake Association. Councilmember Trude asked if$2,000 was adequate to fund this. Councilmember Orttel stated they would like to correct the problem and he hated to short them so all the testing is not done but they can come back to the Council for additional funds. Motion carried unanimously. AGENDA APPROVAL Add Item 17a, (Approve Arbitrage PaymentJ1999 Improvement Bonds. Remove from Staff Items for Consent Items 25, (Appoint Planning and Zoning Commissioner to Fill Vacancy. Motion by Knight, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES February 18, 2003, Executive Sessi6n Meeting: Correct as written. February 18,2003, Regular M~liing: Correct as written. March 3, 2003, Special Meeting: Correct as written " Regular Andover City Council Meeting Minutes - March 4, 2003 Page 3 Motion by Jacobson, Seconded by Orttel, approval of February 18, 2003 Executive Session and Regular Minutes. Motion carried unanimously. Motion by Orttel, Seconded by Knight, approval of March 3, 2003 Special Meeting. Motion carried 4 ayes, 1 present (Jacobson). PROCLAMATIONIDECLARE MARCH MINNESOTA FOOD SHARE MONTH Mayor Gamache read a proclamation declaring March Minnesota Food Share month and urged everyone in the community to donate food items and/or funding to ACBC Emergency food shelf during March to ensure that everyone will have food enough to share fully in the life of the community. Ms. Dianne Henning ITom ACBC thanked the Mayor and Council for declaring March Minnesota Food Share Month. She described what the food shelf does for the communities they serve. PROCLAMATIONIYOUTH FIRST DAY Mayor Gamache read a proclamation declaring Friday, March 21, 2003 as Youth First Day in the cities of Andover, Anoka and Ramsey and a Mayor's Prayer Breakfast will be held on that day in support of the Youth First initiative. The prayer breakfast will be held at St. Stephen's Church in Anoka. BADGE PRESENTATION - FIRE DEPARTMENT Fire Chief Dan Winkel presented two new members who completed their minimum requirements for becoming members of the fire department their badges. Fire Chief Winkel noted ISO will be here in May. He stated the insurance rates for non-hydrated areas have gone up substantially and they are preparing for the testing on May 14, 2003. Fire Chief Winkel explained the State Department of Emergency Management implemented a weekly reporting form that all of the cities are asked to complete as far as the status of any changes regarding the homeland security issues. They are reporting weekly unless they go to a much higher status where they would be required to report daily any changes in the Cornmunity. CONSENT ITEMS Item 5 Approval of Claims Regular Andover City Council Meeting Minutes - March 4, 2003 Page 4 Item 6 Approve Reduction of Letter of Credit #00-1 O/Special Assessments/99-32/W oodland Estates 2nd Addition Item 7 Approve Release/Cash Escrow/00-41/Red Pine Fields Item 8 Accept Feasibility Report/W aive Public Hearing/Order Plans & Specs/02-50/Maple Hollow (See Resolution R038-03) Item 9 Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs/03-5/City View Farm (See Resolution R039-03) Item 10 Order Plans & Specs/02-47/Foxburgh Crossing (See Resolution R040-03) Item 11 Waive Public Hearing/ Adopt Assessment Ro1V98-29 Grey Oaks (phase 1) & 00-16 Grey Oaks (phase II) (See Resolution R041-03) Item 12 Waive Public Hearing/Adopt Assessment RolVOO-43/Natures Run (See Resolution R042-03) Item 13 Approve Plans & Specs/00-42/ Aztec Estates (See Resolution R043-03) Item 14 Approve Tobacco License/Stop-N-Shop #8/13725 Crosstown Drive Item 15 Approve 3.2% Malt Liquor License/Stop-N-Shop/13725 Crosstown Drive Item 16 Authorize City Engineer to Execute NPDES Phase II ApplicationlO2-31 Item 1 7 Receive 2003 CDBG Project Update Item 17a Approve Arbitrage Payment/l 999 Improvement Bonds Item 25 Appoint Planning and Zoning Commissioner to Fill Vacancy Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Councilmember Jacobson asked if everyone was contacted and approves all the items they are waiving the public hearings on.. Mr. Berkowitz stated they were. Motion carried unanimously. HOLD PUBLIC HEARING/02-16/QUICKSTROM ADDITION City Engineer Berkowitz explained the Quickstrom Addition neighborhood petitioned in February 2002 to service the development with water. The public hearing will determine if the project moves forward. Mr. Berkowitz stated a neighborhood meeting was held in May of 2002 to answer questions and concerns prior to writing the feasibility report. Two options were presented at the meeting. The first option was to install the water main and patch one half of the street. The street patch would be assessed as part of the project. The second option was to install the water main and reconstruct the entire roadway to current standards, which would include constructing concrete curb and gutter. The cost for the street improvement would be funded by the City utilizing the overlay funds (Road & Bridge) and the improvement cost for the water main and concrete curb and gutter would be assessed. The assessment would be approximately the same for both options. Mr. Berkowitz indicated the feedback staff has received from the residents was to reconstruct the Regular Andover City Council Meeting Minutes - March 4, 2003 Page 5 entire roadway because the assessment cost would be approximately the same. He stated the feasibility report identifies the second option. The estimated assessment rate per lot is $10,524.34. Mr. Berkowitz stated another neighborhood meeting was held in January of 2003 to explain the information in the feasibility report. Mr. Berkowitz explained the total estimated project cost if$408, 150.44. The project will be funded by assessments to the adjacent properties ($231,535.33) and the Road & Bridge Fund ($176,615.11). The assessments will fund the installation of water main and construction of the concrete curb and gutter. The City will fund the reconstruction of the roadway. Mayor Gamache asked for a break down of the rate per lot. Mr. Berkowitz stated it is $ 10,524.34 per lot. Councilmember Knight asked what the last figure was in regard to yes and no's. Mr. Berkowitz stated he has been notified that some people who previously wanted it by signing the petition, are now voting no because of the cost. Councilmember Trude asked Mr. Berkowitz to explain the rights of a senior citizen in regard to the assessment. Mr. Berkowitz stated if the senior citizens income is below a certain amount, the assessment could be deferred to the property. City Attorney Hawkins stated it is income based and is authorized under local Ordinance and by State law however, interest does continue to accrue on the assessment. Councilmember Trude asked what age this would make them eligible. City Attorney Hawkins stated he thought it was sixty-five but he would need to look at the 10cal Ordinance. Mayor Gamache asked if there was any reason this was brought forward and if there were problems with the water quality in the area. Mr. Berkowitz stated there are some residents that are having well problems, maybe even on their second well and having problems with the second well. Councilmember Orttel stated the cost per unit is approximately ten and a halfthousand dollars and this seems kind of high. He wondered if there was something that made this unusually high. Mr. Berkowitz stated they put together the best estimate they could for the project and they would even reclaim the existing bituminous surface and reuse it for a savings to the project. He stated he could reevaluate this and make sure it is accurate. Councilmember Jacobson stated the people should be aware that the cost does not include bringing the line ITom the street into the home. Mr. Berkowitz stated the permit would be $200.00 and an additional $2,000.00 to get the line run. Some of the people have a copper line already installed, which would be a cost saver. Councilmember Trude stated they normally get a bid ITom a contractor for the City and then give the homeowner the option of using the City contractor or their own contractor. She asked if the City would offer this to the resident. Mr. Berkowitz stated the plumber would need to be licensed with the State in order to connect the line. - Regular Andover City Council Meeting Minutes - March 4, 2003 Page 6 Motion by Jacobson, Seconded by Orttel, to open the public hearing. Motion carried unanimously. Mr. Tom Gordon, 3552 14151 Lane NW, stated they voted no for this because the cost seemed too high. They have not had any problems at all with their well and the well is fairly new. Mr. Dick Oxborough, 3464 141 Lane, asked what decides if the project is a go or not. Mayor Gamache stated they look at the entire project and what it consists of and they come up with the process of the feasibility of it and the costs. Then they see if the residents are still interested so they try to get a little more feedback rrom the residents with a public hearing. He asked if they could get another survey letter or vote to decide if they want this or not. Councilmember Trude stated that is what the public hearing is for. Mr. Ottsburough stated he did not want this and his neighbor to the west, who is out of town, does not want this either. Mr. Brian Call, 3437 14151 Lane, stated he wanted to cite his opposition. He believed some of the residents on the petition are no longer residents of the area. Mr. Berkowitz stated he knew of two residents that have moved. Mayor Gamache asked what the water quality is like. Mr. Cogland stated he likes it and this was one of the reasons he bought the property. Councilmember Knight asked how deep his well is. Mr. Cogland stated he believed it was 200 feet. Mr. Wes Mand, 3457 141 Lane, stated he has checked to see what it would costto install a new well and the information he got was the cost would be well under $5,000. He stated he has not had any problems with his well and it was installed in 1969 and the well is about 175 feet deep. Ms. Lorraine Buzick, 3427 141 st Lane, stated she is opposed to this and she is on her fIrst well. She stated this would be a big expense for her. Ms. Lila W oodroff, 3503 141 st Lane, stated she would very much like to see City water be installed. She stated she is having problems with her well and in case of a fire, it would be much better to have hydrants and City water than to truck the water in. Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Councilmember Jacobson asked if everyone was sent a letter with the public hearing date and amount. Mr. Berkowitz stated they did and he received a phone call today ITom a resident who was for the project. He stated the Council needed to understand that some of the people on the petition have probably moved. Councilmember Jacobson asked what the future plans for the road were. Mr. Berkowitz stated the road would need to be reconstructed in fIve to ten years. Mayor Gamache stated he did not see any overwhelming support for installing water in this area. Councilmember Jacobson stated they could wait a few years before the road needs improvements to Regular Andover City Council Meeting Minutes - March 4, 2003 Page 7 come back and decide if they should install the improvements. Councilmember Knight stated part of the dilemma is the cost seems to be significantly higher than it normally would, especially when the cost of a new well would be half the cost. Councilmember Trude asked what the cost of insurance is for rural areas without City water. Fire Chief Winkel stated the costs have gone up significantly for everyone and the rural areas are seeing a big impact. In talking with some agents, the savings could be anywhere ITOm two to three hundred dollars annually if you are in a watered area. Councilmember Orttel stated this area would get the lower rates because they are tucked in between other developments. Councilmember Jacobson stated the vote is almost even and if they go ahead, they will be destroying the road in the middle of its life and the cost seems to be a little high so he would be against approving this. Mr. Berkowitz noted the area charges and connection fees would go up every year for the next three years. Discussion continued in regard to the cost and what will happen in the future if this is not constructed this year. Motion by Knight, Seconded by Orttel, to continue the public hearing until April 1 ,2003 to allow the residents to discuss this and come back to make a decision. Motion carried unanimously. RESIDENT REQUESTIMARYSTONE BOULEVARD/ROANOKE STREET IMPROVEMENTS/02-44 (CONTINUATION) City Engineer Berkowitz explained at the direction of the City Council a meeting was held with the property owners on Thursday, January 9, at the City Hall to discuss the resident's request to pave Marystone Boulevard/Roanoke Street. Two constraints to any compromise became apparent. One key resident will not allow any trimming of trees, and no increase in cost over the bid obtained by the residents is acceptable to that resident. The only solution, which fits within these constraints and is acceptable to most residents, is an 18-foot bituminous surface with I-foot gravel shoulders and contract let by the residents. Councilmember Trude stated when they met last they had a list of staff issues that could not grow and looks like it grew. Mr. Erar stated he did not see anything that has been added but everything that has been identified is ITom the previous meeting. Mr. Neilson, 4949 Marystone Boulevard NW, stated this is the fourth time this item has been before the Council. There are eight families on this road and originally there was one family in opposition to this. There has since been another farnily that has pulled back and opposes this. He stated the problem is the cost. There is one neighbor who will not allow any trees to be removed so if this were to happen, they would need to condemn. ~ -.- ~ Regular Andover City Council Meeting Minutes - March 4, 2003 Page 8 Mr. Neilson went through the costs to install the road with the Council and the problems with a dirt road. Mr. Neilson stated since the last meeting, they had a discussion with a resident on 159th who tried to do the same thing years ago where the government did not approve this. He stated the City installed the road for a considerably higher cost. He was afi-aid that down the road, the City will require a paved road to be installed because of liability. He hoped the City would be fair and allow the residents to install the road on their own. Mr. Rodney Hill, 15854 Roanoke Street, stated they had the first site on the west side going south and they literally eat dirt because with their windows open, the dirt comes into their home. He stated he has called the grader who comes out to grades the road. He would like the road paved and believes it makes sense to have this done. Mr. Terrell Yeager, 4810 Marystone Boulevard, stated they own all of the east side of Roanoke and when they moved there in 1967 the road was like a washboard. Once Andover took over and started to maintain the road, it became a reasonably flat road. When they were approached for the road, they were the last to hear about it and they do not want a paved road and never want a paved road. He stated initially because of mendship, they agreed to help finance it. They have reservations about paving the road. There are safety issues with the speed because even with it being a dirt road, there is speeding on it. If it becomes a paved road without shoulders, the speeds could be faster and accidents could happen. He stated Marystone Boulevard also has a lot of water running down the road and believed a paved road would make the water run off worse. There would also be major destruction of old trees on their property. In January they contacted Mr. Neilson of their withdrawal of funds ftom the project. He stated this is a historical road and believes they should leave it alone. Councilmember Jacobson asked how much of the land along the road he owned. Mr. Yeager stated he owns at least forty percent. Mr. Bob Sikes, 15800 Roanoke, stated he does not want to have a paved road. He did feel sorry for one owner who gets the brunt of the problems. He is concerned with the safety once paved and if the road does get constructed, he believed the road would need to be moved onto his property. Ms. Donna Amdahl, 4949 Marystone Boulevard, stated they have a problem with water runoff in their yard. She thought this would be a bonus for her residence to get the road paved. Mrs. Neilson described the condition of the road. She stated they are trying to work together to find a solution to the problems. Mr. Carl Sluese, 4825 Marystone Boulevard, stated he is for paving Marystone and Roanoke. If they build the road to the proposed 18 feet, it will not affect the drainage. Most of the drainage can be diverted to the river, He would like the Council to consider their request. Regular Andover City Council Meeting Minutes - March 4, 2003 Page 9 Ms. Lois Granstrom stated she has lived in the neighborhood since 1977. They could live with the road the way it is but would like it to be paved. They would like to keep the small road. Mr. Richard Yeager stated he used to reside at 4810 Marystone Lane (now Boulevard). He used to walk the road and absorbed what the road was made up of. If the road is paved, there will be a deluge of water running down the road. There will be guaranteed ponding. He stated if they divert the water to run down the hills, this will eat away at the hills because they are made up of sand and there will be future problems with ponding and more water issues. Mr. Neilson described who lived in the area of the development and the make up of the area. He stated the entire road as proposed would go on the twenty-five foot easement. Ms. Adrian Yeager gave a history of the area and the reasons why the road should not be paved. Ms. Donna Amdahl stated there are plans for drainage in their proposal. Mayor Gamache stated he is concerned with the safety factors of paving the road. The drainage issues are a real concern also. Some of the concerns the City has is there would not be any waivers provided so he does not see any reason why the City should go ahead with the paving of the road if they cannot plan the road. The City has some legitimate concerns with this and the best way to go about this would be to leave the road alone. Councilmember Jacobson stated he would agree with most of the Mayor's comments. He stated they do have a street standard for the City. It was previously discussed if there should be two standards. He is also concerned with the safety factor and the liability the City would incur. Councilmember Orttel stated he does not have a problem to allow creativity but his concem is drainage. They are being asked to accept a plan they will not be involved with and when the street is done, the City is asked to assume liability for this. He wondered what they would do with the water if they do not have the easements. Councilmember Knight stated he agreed with Councilmember Orttel. Motion by Jacobson, Seconded by Gamache, to deny the request of the residents of Marystone Boulevard to pave the street with private financing. Motion failed 2 ayes, 3 nays (Knight, Trude, Orttel). Councilmember Trude stated the reason for this project is the issue of the drainage. They would like to have drainage easements because they continue to have runoff and an easement would help to properly channel and store the water. Mr. Neilson stated if the issue is drainage this could be worked out. If the project is not approved, he will ask the City to correct the drainage problem. The suggestion that has been made by three of the residents is Ms. Amdahl has a building in her yard where the water can drain. There are also other areas that residents will allow the water to drain to. Regular Andover City Council Meeting Minutes - March 4, 2003 Page 10 Councilmember Orttel stated if they have adequate areas for water storage, it could be done. Mr. Berkowitz stated to do a property evaluation all the hydrology would need to be looked at. He stated if the drainage were to be landlocked, there is a fairly large basin that would be required to handle the runoff. They would need to take into consideration water quality and sedimentation ITom the runoff. Councilmember Orttel stated the main conflict is the drainage. Mr. Berkowitz stated this is true and to do a proper design, they need to have areas designated for runoff. Councilmember Jacobson stated there are many other issues involved with this besides drainage. He listed the issues. There are a number of City issues related to this project and he believes it is not good public policy to go forward with a project like this. Councilmember Orttel stated this is a very unique area and he does not have an issue with local financing. It comes down to not allowing it; they will either have a road with deep ditches or a dirt road with a lot of ponding. Motion by Orttel, Seconded by Knight, to table the item to allow the petitioners to work out a drainage plan to be approved by the City. Councilmember Trude asked if this would include a twenty-foot road. CounciImember Orttel stated it would be an eighteen-foot road with one foot on each side. Mayor Gamache stated the City requires a registered engineer to prepare the specs and plans and the property owners do not feel plans and specifications are necessary so his concern is if they come back with a plan, what is the City's guarantee the water will runoff properly. Mr. Berkowitz stated they would have the engineers work on this but there are other issues to consider. Councilmember Trude stated there are a number of issues but the alternative is the problems are going to continue with the drainage issues. It is important that the drainage issue is looked at. Mr. Berkowitz asked if the plan would need to be prepared by an engineer. CounciImember Orttel stated it should. Mr. Jeff Elliot, Hawkinson Anderson stated they did give a proposal to the City for $6,800.00 if they were to make up the plans. Motion carried 4 ayes, 1 nay (Jacobson). The meeting recessed at 9:51 p.m. The meeting reconvened at 9:56 p.m. CONSIDER SUP/ADDITION TO CONSTANCE FREE CHURCH/16I50 CROSSTOWN BOULEVARD Community Development Director Neumeister explained the Constance Evangelical Free Church is proposing to expand the use of their site with construction of a new auditorium as well as expansion -- - - Regular Andover City Council Meeting Minutes - March 4, 2003 Page 11 of the existing parking and storm water drainage areas. Expansion of the use of the property requires an amendment to the existing Special Use Permit. Councilmember Jacobson asked what the height of the new structure is. Councilmember Orttel stated he did not believe there was a height restriction with commercial buildings. Councilmember Orttel asked when the sewer line would be advanced to Constance Comers. Mr. Berkowitz stated there is a possibility to expand the sewer to Constance Comers but it is currently outside of the MUSA and is being considered in the Rural Reserve area. CounciImember Orttel stated the plans show a reinstallation of a septic system and he believed it would be foolish because their construction cannot be any quicker than the development to the south ofthem. Mr. Berkowitz stated it all depends on Constance Comers. Mr. Neumeister stated when the engineer puts the plans together he is looking at a service line that would be extended off the line serving Constance but it would be a short stub to the edge of their property. The decision to extend the line into the property could be made after the Rural Reserve decision is made. He stated they are prepared to move ahead with an either/or approach and would adjust their plans appropriately. He stated the service line will be brought to the edge of their property with a contract with Constance Comers. There was discussion as to whether or not to leave Constance Free Church in the Rural Reserve. Motion by Jacobson, Seconded by Orttel, to approve Item No. 20 (Consider SUP/Addition to Constance Free Church/16150 Crosstown Boulevard). (Resolution R044-03) Mr. Brent Visser of Miller Dunwoody Architects showed a layout of the expansion plan to the Council. Councilmember Trude asked if Mr. Neumeister has talked to the Met Council in regard to the one thousand buildable acres versus one thousand acres. Mr. Neumeister stated a written report is not ready but a verbal response was it is one thousand buildable acres and they would allow the City to entertain changes to the MUSA boundary as long as it was through an urban served type of development. Discussion continued in regard to leaving the property in Rural Reserve. Mr. Jeff Wellman of Roshom Corporation stated they are prepared to move forward with this and install a new drain field but they would appreciate it if the City could push the City water and sewer up to them as soon as possible. Motion carried unanimously. APPROVE REVOCATION OF SUP 88-IOIRADEMACHER COMPANIEs/U320 CROSSTOWN Regular Andover City Council Meeting Minutes - March 4, 2003 Page 12 BOULEVARD Community Development Director Neumeister stated this item concerns revocation of a special use permit granted in 1988 to permit fuel storage tanks to be located as part of a commercial development on the subject property. Motion by Knight, Seconded by Jacobson, to revoke the special use permit for installation of gas tanks, motor fuel and propane tanks based on the following findings: 1. The current Zoning Designation of the site and all adjacent properties is Single Family Urban Residential (R-4) 2. The site is completely surrounded by single-family residential development. 3. No physical features exist that serve to provide a transition between a commercial use and the surrounding single family uses. 4. The site is 10cated approximately one mile from the intersection of arterial roadways. 5. The Comprehensive Plan discourages commercial development away from concentrated nodes or major intersections to avoid intruding into residential areas. 6. Direct property access to minor arterial roads is to be limited except for concentrated commercial nodes, whereas this site is a single isolated property. 7. Single-family residential uses have direct access to the local streets across from the site. Directing commercial traffic onto these streets would be intrusive to the established residential character of the area. Mr. Neumeister stated there was a letter from Mr. Radamachers' representative requesting his concern over the marketability of the property as a 10w-density residential area versus the medium density residential that had been discussed. He stated both the Planning Commission and Council reaffirmed that low density residential was the recommended land use. Motion carried unanimously. Resolution 045-03 COMMUNITY CENTER DESIGN TEAMS/PROCESS City Administrator Erar explained at the February 25,2003 Special City Council meeting, Council requested information regarding the Community Center design process in terms of groups and their relative composition. Councilmember Trude asked that now that they have hired a construction management company and an architectural company, and they each have their own style of method approaching the public, what is the opinion of the construction management and architectural firms about their approach to stakeholder involvement. Mr. Erar stated they felt the group was too large and in order to move the project forward they felt the representatives of the stakeholders may be a cumbersome process. He will be working with the architect and construction manager to schedule meetings that will try to tie the meetings in to the actual functions of the building. This will provide the broad level of Regular Andover City Council Meeting Minutes - March 4, 2003 Page 13 community input. The City Council will meet once a month or as needed to go through and project milestones. They are looking at the first meeting in June to have the budget estimate for the Council. Councilmember Trude stated when she saw this, she also felt it was a huge group. She explained that after the meeting with the School Board she thought they are not interested and not worth holding a spot for. Councilmember Jacobson stated he agreed. He suggested the numbers that should be on the Stakeholder Design Team Committee. He indicated the Chair should be the architectural representative. Councilmember Knight thought this is way too large to get anything done. He is opposed to the school board being involved because they are not stakeholders. He wanted it understood that any Councilmember could come and go at the meetings at any time. Discussion developed over the number of members that should be on the Stakeholders Design Team Committee and if there should be subcommittees for input. Motion by Jacobson, Seconded by Knight, to approve the Stakeholder Design Team with one member of the Park Commission, one member of the Council, one resident at large, two YMCA members, one person ITom the City staff, the Construction Manager and Architectural Representative and to have the Architectural Representative be the Chairperson of the Committee with the understanding that the Stakeholder Design Team is open and that individuals and organizations can attend the meetings and provide input but the Stakeholder Design Team as listed are the people who have the vote. Mr. Erar asked for clarification of the committee members and suggested there be more than one City staff member on the Stakeholder Design Team. Councilmember Orttel stated he would suggest more than one staff member should be at the meetings. Mayor Gamache asked how the Construction Manager and Architectural Representative thought the committee was too large. Mr. Erar stated they thought there should be structured meetings with each area discussed at different times. Discussion ensued in regard to the number of members on the Stakeholders Design Team. Mr. Erar stated the Architectural Representative and Construction Manager would prefer two Councilmembers. Councilmember Jacobson stated he wanted to leave the motion at one Councilmember. Councilmember Trude asked if this was a working committee or just a committee to bounce ideas off without any decision-making authority. Mr. Erar stated the group would provide direction to the architect. Regular Andover City Council Meeting Minutes - March 4, 2003 Page 14 Discussion continued regarding what individuals should be on the Stakeholder Design Team Committee, Motion carried unanimously. Motion by Trude, seconded by Orttel to amend the motion to extend the one Councilmember to Two Councilmembers on the Stakeholder Design Team. Motion carried 4 ayes, 1 nay (Jacobson). Councilmember Trude and Councilmember Knight stated they would be interested as serving on the board. Motion by Gamache, seconded by Jacobson to appoint Councilmember Trude and Councilmember Knight to the Stakeholder Design Team. Motion carried unanimously. It was decided to have the Park Commission Chair appoint a member from the Commission. There was discussion in regard to who the Resident-at-large on the committee should be. Motion by Orttel, seconded by Knight, to appoint Mike Mulroney as the Resident-at-large on the Stakeholder Design Team. Motion carried unanimously. Motion by Orttel, seconded by Gamache, to approve the Facility Building Team Committee as submitted by staff and Councilmember Jacobson would get notification of the meetings. Councilmember Jacobson stated a Councilmember should serve on this committee and have the Construction Manager as the Chair of this committee. Mayor Gamache stated the chair is usually the project manager. Motion carried unanimously. SCHEDULE EDA BOARD MEETING Motion by Jacobson, Seconded by Knight, to Schedule an EDA Board meeting for Tuesday, March 11,2003 at 7:00 p.m. Motion carried unanimously. SCHEDULE CITY COUNCIL WORKSHOP/OI-I8ITRANSPORTATION PLAN Motion by Orttel, Seconded by Trude, to Schedule a City Council Workshop to discuss the City's Transportation Plan, Project 01-18 on Wednesday, March 19, 2003. Motion carried unanimously. Regular Andover City Council Meeting Minutes - March 4, 2003 Page 15 MAYOR/COUNCIL INPUT (Receive Letter/Opposing PACT Charter School Locations in District 15) - Mayor Gamache stated he received a letter regarding a resolution adopted by School District 15 opposing charter schools within their school boundaries that are sponsored by an outside school district. The cover letter was submitted by an Andover resident who apparently opposes the PACT Charter School ITom locating within the St. Francis School District #15. Mr. Erar explained the issue to the Council and stated he talked to Mike Wyatt with District 15 School Board and was told they would not accept any charter school into their district. Tom Durand with Anoka Hennepin indicated they would not be sponsoring PACT but that did not mean they objected to PACT relocating in District 11. Councilmember Jacobson stated the City's Ordinance does authorize public and private schools in any zoning district in the City without a permit. The Council discussed the reasons for the letter being sent. (Televising Council Meetings) - Councilmember Knight stated a resident called him and wanted to know why they were not televising some of the meetings. Mayor Gamache stated there were a couple of meetings that were not televised. One was not televised because it was moved into the Council Chambers because of the crowd and they did not notify the cable station in time to televise it, Another meeting, the Hockey Committee, requested it not be televised. Councilmember Jacobson stated the meeting room is not large enough to have televised meetings. Mayor Gamache stated if the Council Chambers are available, they try to televise the meetings. (Andover Station Temporary Sign) - Councilmember Jacobson asked if anyone has noticed the Andover Station temporary sign along the road. He stated there is a billboard outside of Festival and it can be used by each of the stores for one month at a time, He stated it kind of degraded the look of the area. He also mentioned that there was a balloon over the liquor store and there will be a request for another one over another store and he wanted to know if they want to allow this or enforce the Ordinance. CounciImember Orttel stated he did not have a problem with the temporary sign and it will eventually be taken down. Motion by Trude, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :25 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary