Loading...
HomeMy WebLinkAboutCC December 2, 2003 ~ (LQ.-I C I T Y o F 'uJ1-L.t:::t..t.Yì 1~-:¡..-o3 NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755·8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, December 2, 2003 Call to Order - 7 :00 p.m. Pledge of Allegiance Presentation - National Night Out Award - Sheriff Presentation by Gene Ranieri I AMM Resident Forum Agenda Approval I. Approval of Minutes (11/5103 Special; 1116/03 Special; IIIIS/03 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Waive Public Hearing/ Adopt Assessment Ro1I/00-421 Aztec Estates - Engineering 4. Waive Public Hearing/Adopt Assessment ROll/02-471F0xburgh Crossing - Engineering 5. Waive Public Hearing/Adòpt Assessment ROll/02-501Maple Hollow - Engineering 6. Waive Public Hearing/Adopt Assessment Roll/02-4S/Shady Oak Cove - Engineering 7. Adopt 2004 Fee Ordinance - Clerk S. Approve 2004 Tobacco and Liquor Licenses - Clerk 9. Award BidslUsed City Equipment - Clerk 10. Adopt Resolution Setting Annual Income Level for Senior Reduced Sewer RateslDeferred Assessments - Clerk II. Approve Variance for Nonconforming Lot/3131 I 691h Lane NW - Planning 12. Approve Conditional Use PermitlTwo-Family Home Conversion/2525-2527 13Slh Ave. - Planning 13. Approve Conditional Use PermitlDrive-up WindowlWalgreenslBunker and Quinn St. - Planning 14. Correct Ordinance 275/Legal Description for RezoninglBunker Lake Village - Planning 15. Approve Pond Maintenance Agreement/Andover Station storm water pond - Planning 16. Call for Bond SalelResolution Levying a Tax for the Payment of General Obligation Capital Notes of 2004 - Finance 17. Call General Obligation Improvement Bonds of 1994C - Finance IS. Call General Obligation Improvement Bonds of 1995A - Finance 19. Call General Obligation Permanent Improvement Revolving Bonds of2000B - Finance Discussion Items 20. Discuss Membership in AMM - Mayor 21. Discuss Coon Creek Corridor Trail/03-S - Engineering 22. Consider Lot Split/I 6030 Makah St. NW - Planning 23. Consider Amendment to Sewer Staging PlanlFire Station #3, Smith & Miller Properties - Planning 24. Consider Rezoning/R-I to R-4/15827 Crosstown Boulevard - Planning 25. Consider Conditional Use Permit/Land Reclamation/Soil Storage/274S 161" Ave. NW - Planning Staff Items 26. Water Fluoridation Quality Award (Information Only) - Clerk 27. Consider Closing City Hall the Day After Christmas -Administration Mayor/Council Inpnt Adjournment Regular Andover City Council Meeting Minutes - December 2, 2003 REGUL4R ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 2,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .....................................................................................................1 PRESENTATION - NATIONAL NIGHT OUT A W ARD........................................................l PRESENTATION BY GENE RANIERlIAMM ........................................................................1 RESIDENT FORUM..................................................................................................................2 AGENDA APPROV AL .............................................................................................................2 APPROVAL OF MINUTES.......................................................................................................2 CONSENT ITEMS Approve Payment of Claims .................................................................................................2 Resolution R207-03 waiving Public Hearing/Adopt Assessment RoIV00-42/Aztec Estates 2 Resolution R208-03 waiving Public Hearing/Adopt Assessment RolV02-471F0xburgh Crossing ............... ........... ........... ............... .................... ........................ ............;..............2 Resolution R209-03 waiving Public Hearing/Adopt Assessment Ro1V02-501Maple Hollow 2 Resolution R210-03 waiving Public Hearing/Adopt Assessment RoIV02-4S/Shady Oak Cove .................................................................................................................................2 Approve 2004 Tobacco and Liquor Licenses .......................................................................2 Award BidslUsed City Equipment .......................................................................................2 Resolution R211-03 adopting Resolution Setting Annual Income Level for Senior Reduced Sewer RateslDeferred Assessments .................................................................................2 Resolution R212-03 approving Variance for Nonconforming Lot/3131 I 69th Lane NW....2 Resolution R213-03 approving Conditional Use Permitffwo-Farnily Home Conversion! th . 2525-2527 13 S A venue..................................................................................................2 Resolution R214-03 approving Conditional Use PermitIDrive-Up WindowlWalgreensl Bunker and Quinn St. ......................................................................................................2 Correct Ordinance 275lLegal Description for RezoningIBunker Lake Village....................2 Approve Pond Maintenance Agreement/Andover Station Storm Water Pond and to Accept Ownership of Land from the EDA ......................................................................2 Call for Bond SaleIResolution Levying a Tax for the Payment of General Obligation Capital Notes of2004 (Res. 215-03)...............................................................................2 Resolution R216-03 calling General Obligation Improvement Bonds of 1994C.................2 Resolution R217-03 calling General Obligation Improvement Bonds of 1995A.................2 Resolution R21S-03 calling General Obligation P=anent Improvement Revolving Bonds of 2000B ...............................................................................................................2 ADOPT 2004 FEE ORDINANCE .............................................................................................4 Motion to Accept (Ord. No. 27S) ..........................................................................................4 DISCUSS MEMBERSHIP IN AMM .........................................................................................4 DISCUSS COON CREEK COORIDOR TRAIU03-S Motion to drop .......................................................................................................................6 CONSIDER LOT SPLIT/16030 MAKAR STREET NW Motion to approve Resolution R219-03 ................................................................................S CONSIDER AMENDMENT TO SEWER STAGING PLANIFIRE STATION #3, SMITH AND MILLER PROPERTIES - - Regular Andover City Council Meeting Minutes - December 2, 2003 Regular Andover City Council Meeting Minutes - December 2, 2003 Table of Contents Page ii Motion to approve Resolution R220-03 ................................................................................9 CONSIDER REZONlNGIR-1 TO R-4115827 CROSSTOWN BOULEVARD Motion to table.......................................................................................................................12 CONSIDER CONDITIONAL USE PERMlTILAND RECLAMATION/SOIL STORAGE/ 2748161sT AVENUENW Motion to approve Resolution R221-03 ................................................................................12 WATER FLOURlDATION QUALITY AWARD .....................................................................13 CONSIDER CLOSING CITY HALL THE DAY AFTER CHRISTMAS................................. 14 SELECT DATE TO INTERVIEW PLANNING AND PARK COMMISSION CANDIDA TES ......................................................................................................................14 MA YORlCOUNClL INPUT County Officials Meeting ......................................................................................................15 Cable Council Update............................................................................................................15 December 3, 2003 Event........................................................................................................15 Building Information Request ...............................................................................................16 ADJOURNMENT ......................................................................................................................16 - - C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 2,2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, December 2, 2003, 7:01p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 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 Deve!opment Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE PRESENTATION -NATIONAL NIGHT OUT AWARD Ms. Laura Landes made a presentation to the City regarding National Night Out and presented the Mayor with an award and thanked the residents for a great turnout on National. Night Out. Ms. Landes reminded the residents that if they would like to be notified by mail of all the events going on in the City to call the sheriff's office. Mayor Gamache and the Sheriff's Department thanked Ms. Landes for all of the work she has done the past couple of years. PRESENTATION BY GENE RANIERUAMM Mr. Gene Ranieri introduced Ms. Kris Wilson who updated the City Council on what will be going on in the Metropolitan area in 2004. Councilmember Orttel stated in the documents they provided, there are not any overlaps in what their functions are. He stated the AMM deals with the Metropolitan area oruy. Ms. Wilson stated this was true. They handle these issues and the League handles the issues that are Statewide. She stated they do work with the League and they contract with them for certain -~- Regular Andover City Council Meeting Minutes - December 2, 2003 Page 2 things. Mayor Gamache thanked Mr. Ranieri and Ms. Wilson for their time and presentation to the Council. Mr. Ranieri thanked the staff for their help in the Comprehensive Plan and participating in other activities. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Add Item 28, (Select Date to Interview Planning and Park Commission Candidates). Remove from Consent Items for discussion Items 7, (Approve Fee Ordinance); under Mayor/Council, a short discussion on the upcoming meeting with the County. Councilmember Ortte! stated on Item 15, it should include a line stating the City accepts the Deed to property from the EDA at Andover Station North. City Attorney Hawkins explained that anytime anyone gives the City land, they have to formally accept that. Mr. Neumeister stated this is included in the action requested in the item. Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES November 5, 2003, Special Meeting: Correct as amended. Councilmember Trude stated on page 3, they had talks about the transportation access to the Community Center and this is the second or third meeting they have talked about this and she wanted to make sure the record is clear because it talks about the discussion but it does not talk about the Council consensus and she would like that page to have a paragraph added stating "The Council consensus was to seek full access at Bluebird and Hanson and also a review of pedestrian access issues." Councilmember Orttel stated he did not think this was a consensus. Mayor Gamache stated what they have done was they asked for a temporary access for the time being because they also looked at a service road to the North. Mr. Erar stated he could listen to the tape but he understood this would be a temporary situation. Councilmember Trude stated she did not hear temporary. Councilmember - Regular Andover City Council Meeting Minutes - December 2, 2003 Page 3 Jacobson stated this would be a temporary crossing for six or seven years until Hanson is upgraded and then they would talk to the County again. He stated the consensus was for a temporary access for six or seven years and then they would discuss this again. November 6, 2003, Special Meeting: Correct as written. November 18, 2003, Regular Meeting: Correct as written Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Waive Public Hearing/ Adopt Assessment RolV00-42/ Aztec Estates (See Resolution R207-03) Item 4 Waive Public Hearing/Adopt Assessment RoIV02-47/Foxburgh Crossing (See Resolution R208-03) Item 5 Waive Public Hearing/Adopt Assessment RolV02-50/Maple Hollow (See Resolution R209-03) Item 6 Waive Public Hearing/Adopt Assessment RolV02-48/Shady Oak Cove (See Resolution R21O-03) Item 8 Approve 2004 Tobacco and Liquor Licenses Item 9 Award BidslUsed City Equipment Item 10 Adopt Resolution Setting Annual Income Level for Senior Reduced Sewer RateslDeferred Assessments (See Resolution R211-03) Item 11 Approve Variance for Nonconforming Lot/3131 169th Lane NW (See Resolution R212-03) Item 12 Approve Conditional Use Permitffwo-Family Home Conversion/2525-2527 13Sth Avenue (See Resolution R213-03) Item 13 Approve Conditional Use Permit/Drive-Up WindowlWalgreenslBunker and Quinn Street (See Resolution R214-03) Item 14 Correct Ordinance 275lLegal Description for RezoninglBunker Lake Village Item 15 Approve Pond Maintenance Agreement/Andover Station storm water pond and to accept ownership ofland from the EDA. Item 16 Call for Bond SalelResolution Levying a Tax for the Payment of General Obligation Capital Notes of2004. (Res. 215-03) Item 17 Call General Obligation hnprovement Bonds of 1994 C (See Resolution R216-03) Item IS Call General Obligation hnprovement Bonds of 1995A (See Resolution R217-03) Item 19 Call General Obligation Permanent hnprovement Revolving Bonds of2000B (See Resolution R2IS-03) Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. Regular Andover City Council Meeting Minutes - December 2, 2003 Page 4 ADOPT 2004 FEE ORDINANCE Fire Chief Winke! stated there were some corrections that need to be made to the fIre section of the fees for 2004. He stated there were a couple of typos and language changes. On page nine, items 1,2,4,5,6, and 7 all have the same language. The first part of this is the 1.25% of the contract should read "the project fees". The next part should read 65% instead of .65% of the total number of dollars for permit fees. He explained he will send the Council a new copy with the new language so they can see the section and make it easier to understand for the next Council meeting. Councilmember Jacobson stated on page 11, the Park Dedication fees, in 2003, the fees are $2,155.00 and the proposed 2004 is $2,200.00 for an increase of$45.00. His recollection was they did not apply an inflation factor to the Park Dedication fees so when they agreed to them last year, an inflation factor is applied to it for 2004. They have not done this before but the construction index fee is being applied to that also. Councilmember Trude stated she remembered this issue coming up and she looked at the park dedication study and when they adopted the study, it said they would take the fee and use the percentage of engineering cost factor for the trail and park fees. Councilmember Jacobson stated they did not accept everything out of there. City Engineer Berkowitz stated what Councilmember Jacobson is referring to is the engineering construction index and that is what has been added to this. Councilmember Jacobson stated they have not done this in the past. Motion by Jacobson, Seconded by Knight, to accept the fee schedule as presented and to table the Home Occupation Inspection Fee Schedule for the Fire Department until the December 16, 2003 City Council meeting for corrections to be made. Councilmember Trude stated they did not adopt fees for Association use of parks and youth fees and they are not increasing fees to use buildings for non-profit organizations. Councilmember Orttel stated under the park dedication fee, they could set the fee but they cannot go forward with this without approving a policy change. Motion carried unanimously. DISCUSS MEMBERSHIP IN AMM Mayor Gamache wanted to take the opportunity to address the Council and residents of Andover regarding the November IS, 2003 Council meeting, where they voted to drop their affiliation with the Association of Metropolitan Municipalities. He voted against this at that time because he felt it was important they remain involved in the organization. He felt that leaving at this point would only hamper their abilities as a Council to influence Legislation that will adversely affect the people they represent. Regular Andover City Council Meeting Minutes - December 2, 2003 Page 5 Mayor Gamache explained his role in the AMM to the residents. He stated the money the City spends on these organizations is less than one-half of one percent of their general fund. This is a good indication that they are not spending taxpayers' dollars on extravagant items but on items that do them a lot of good. Mayor Gamache wanted to assure the residents of Andover that the 2004 budget is in balance and staff has indicated that service cutbacks will still meet residents' demands for service and for the most part will not be noticed by many residents. Mayor Gamache explained Mr. Frank Stone, Director of Public Works, is working with the Andover Athletic Associations to work through any problems that may arise with their budget issues they had this year. The various meetings he has had with the Organizations have gone well and they understand the budget issues the City faces and they are willing to work with the City. Mayor Gamache explained he has mainly focused on the AMM but he also wanted to be fair to the good work that is being done at the North Metro Mayors Association as well. He explained what the NMMA has been working on for the past year. He stated the gains they have made can only continue if they have an Organization that sticks together through both the good and bad times. He felt they must look at the money they spend on the Organizations as investments in the future health of Andover. They must focus on the big picture because they cannot do this on their own. He asked the Council to reconsider what the Organizations offer to cities like Andover. He would like them to reconsider the issue either tonight or at the December 18th meeting. Councilmember Trude stated her response to this was their City is adding a thousand people a year and most of them are children and they have also added a couple of parks that have relieved some of the stress in the Associations. This past year was a really tough year to take care of those parks. She explained when she sat on the sidelines watching her childrens' games, she and her husband both had their ears filled with service issues about park maintenance. She thought their staff has worked extremely hard under the stressful conditions they have had and she complimented them on that. She explained the budget cuts have been stressful for the staff and they had to cut the community education budget by fifty percent this year in the middle of the year. She explained that cutting the budgets are never pleasant especially in a community with growing kids and she felt the money should go towards park maintenance. Councilmember Orttel asked what the membership fees are for the AMM. City Finance Director Dickinson stated it was a little over $6,700.00. Councilmember Orttel stated he has heard complaints for years that all the money went south because they did not have any representation on the committees who could lobby people. He wanted to compliment the Mayor on his willingness to go the extra mile for the City. He explained he hated spending the money and the concept of lobbying government but if they want decent roads and proper size interceptors, that is what they need to do. Councilmember Trude appreciated what Mayor Gamache has done and also what the organization Regular Andover City Council Meeting Minutes - December 2, 2003 Page 6 has done but she also understands what Community Education has done for the children and they have had to cut $35,000.00 from that this year which was very difficult to do. She explained they did not layoff any staff and they are just trying to restore some staff that was cut back this summer, the part time park staff. Councilmember Knight asked if they wanted to deal with this tonight or would they want to move it to December 16th. Mayor Gamache entertained a motion to move it to December 16th. Councilmember Jacobson called for a point of order because when they reconsider something that has already been done, they have to have someone who voted on the prevailing side to do that and he did not think they could arbitrarily say move it to the next meeting because that is not according to Roberts Rules. City Attorney Hawkins explained CounciImember Jacobson was correct and one of the members that is on the prevailing side has to make the motion. Councilmember Knight stated he was in favor of the motion because they are involved in three organizations and money is tight and he would rather spend the money closer to home. He explained he has nothing against the Organization but he would rather spend the money in Andover. Mayor Gamache stated the point he would like to make is the cities come and go from these Organizations and it is not always the case that a city is fortunate enough to be able to be in a board position on these and have some real access to what is happening and going on and they would be giving that up with the AMM, which is unfortunate. He believed it made sense to stay in the AMM and NMMA through the good and bad times. DISCUSS COON CREEK CORRIDOR TRAIV03-8 Mr. Berkowitz explained as indicated in last week's management report, they met with 6 of the 7 property owners along the proposed Coon Creek Trail extension west of Hanson Boulevard NW along the north side of Coon Creek near Crosstown Boulevard NW. If the Council recalls from the management report, the property owners are most defInitely not interested in the trail over their property along this section. The proposed trail was relocated to the north side of Coon Creek as the MPCA indicated in writing that the trail would not be allowed on the south side due to the landfill. Mr. Berkowitz stated it will be necessary for the Council to determine if the project should move forward. If the project is to move forward, eminent domain is most likely. lfnot, City staffwill need to contact the Minnesota DNR that the project has been cancelled so that the DNR has time to select another govemment agency to utilize the $100,000 grant. Mr. Berkowitz noted the trail that is being considered is consistent with the Trail Comprehensive Plan. The sidewalk that is currently along Andover Boulevard NW between Hanson Boulevard NW and Crosstown Boulevard NW is a 5-foot concrete sidewalk, which is not designed for bike use. The Regular Andover City Council Meeting Minutes - December 2. 2003 Page 7 minimum requirement for trails that are intended for bikes is 8 feet. The segment trail is included in the Comprehensive Plan to help facilitate transportation within the community and to also connect with adjacent communities. The system is also anticipated to interconnect with the existing regional trail systems with Anoka County and with our neighboring cities. This route would also ultimately provide for a regional interconnect of the trail system for the numerous neighborhoods, shopping district, new high school, elementary school and parks. It has been a goal of the City of Andover to provide a high level of transportation opportunities with the municipality to provide for alternate means of transportation. Motion by Orttel, Seconded by Knight, to drop the Coon Creek Corridor Trail extension at this time and to push the DNR on the grant to allow the City to transfer the grant to the Prairie Road Site. Councilmember Jacobson asked if they drop this what happens to the grant. Mr. Berkowitz stated he talked to the DNR regarding this and they would consider using a portion if not all of the grant to connect a trail to Bunker Hills Regional Park. Councilmember Jacobson asked if they had this in writing. Mr. Berkowitz stated it was only verbal at this time. Mayor Gamache suggested they could offer this to Anoka County. Councilmember Trude stated one issue that is frustrating is they had one way to get this trail and then it went away. She wondered if there was a possibility, as each of the homes impacted when sold, of the City obtaining an easement for a trail so future generations could have a continuous trail through Coon Creek because it is an amenity neighborhoods do look for. Councilmember Ortte! stated he would rather wait to see a turnover in the personnel at the DNR who changed their mind. He did not know why they were not lobbying them because there are people higher up and there are no pollutants on the land that this was supposed to go on. Councilmember Trude stated this is a good trail and you do not get a grant from the DNR in economic times like this unless it is a missing link. Councilmember Orttel stated the problem with this entire issue is that it does not only take the creek property, it goes down the middle of a lot of the properties and makes it difficult to deal with. A resident thanked the Council for the resident's consideration on this item because they have lived there a long time and they do not plan to sell real soon. She explained the trail is very isolated and could be dangerous for walkers or bikers. Mayor Gamache stated the reason they looked at this was because it was in their long-range plans and they also received a grant from the DNR. Mr. Kent Hertz, 16221 Verdin, stated as an avid runner it is easy to explain the difference between running on a trail and on the roadway. He explained that he would rather have his runners run on the trail than run on the street. He explained to the Council the reasons why there should be a trail along the creek. He stated a trail like that would enhance the property values tremendously. He explained there needs to be something along that sector of the City because there is nothing there. .. >-- Regular Andover City Council Meeting Minutes - December 2, 2003 Page 8 Mr. Hertz suggested condemnation of the properties in order to obtain a 1rai1. Councilmember Orttel stated the City was founded on the extremely judicial use of eminent domain and that is what it was meant for. Mayor Gamache stated his vote on this was because he did not know if a trail on this side of the creek was the best place for it. He is not even sure if the 1rai1 going on the south side of the creek is the best place for it. He thought there were other areas that would be better. He is concerned with the access from Hanson Boulevard because they do not have the money for bridges or tunnels to cross the busy roads. He explained the different scenarios where a trail could be constructed. Ms. Valerie Holthus, 17680 Arrowhead Street, explained she is an avid runner also and she wanted to point out a couple of aspects of the grant the City was able to get. She did not know if the City would get another grant that they could benefit from. She showed on a map other areas where 1rails could be constructed and she thought it would be very appropriate to have a trail connecting Bunker to Round Lake Kelsey Park. She explained that she does not know what their chances are of lobbying the DNR to get a 1rai1 on the south side of the creek and she wanted to advocate for the trail based on the fact that they have a lot of deve!opment to do. She explained the neighborhood and high school would benefit from this 1rai1. She sees an advantage of having the 1rai1 along the creek. As the City ages, it would be prudent to have activities for all ages, not just the young. Councilmember Trude asked if they should have staff work with the MN Pollution Control Agency to move this along. Councilmember Jacobson stated he thought this was a dead issue right now. He explained the grant has a time limit and they should concentrate on using the grant in another area. Motion carried unanimously. CONSIDER LOT SPLIT/16030 MAKAR STREET N. W. Community Development Director Neumeister explained the applicant has asked the City to reconsider the proposed lot split in light of the changes that were made to the Zoning Ordinance in regard to minimum lot width, depth and area. Mr. Neumeister stated the proposed lot split was denied by the Council in December of2002 based on a lack of findings. A similar request was denied by the Council in July of 1997 for the same reason. In June of this year, the Council approved an ordinance amendment to allow lot splits for lots that meet two of the three size requirements and are at least 90% of the third requirement. The applicant subsequently completed a survey that showed a lot split could be created that met the lot depth and area requirements. The lot width at the setback line would be 269.165 for each lot or 89.72% of the requirement. Mr. Neumeister explained an item was brought to the Council earlier this year to propose rounding the 89.72% up to 90% to allow the lot split to be approved without a variance to the minimum lot Regular Andover City Council Meeting Minutes - December 2, 2003 Page 9 width requirement. The implication being that future proposals that were at least 89.5% of the requirement would be rounded up to 90%. This approach was validated by the City Council. Mr. Neumeister discussed the survey and easements with the Council. Mr. Neumeister noted the Planning Commission recommended approval of the proposed lot split on a 5-1 vote. Councilmember Orttel asked how they measured the lot width. Mr. Neumeister stated it is measured at the building setback line. Councilmember Trude stated there were other lot splits allowed in the City that did not meet the requirements. She stated this Ordinance was not made for this lot. Councilmember Jacobson stated the question is it meets all the particulars of the Ordinance except one and it is short by four inches on that item. He explained he reviewed the Planning Commission meeting and they were in agreement for approval of this. Councilmember Knight stated he does not disagree but they are setting precedence by allowing this. Motion by Trude, Seconded by Orttel, to approve the proposed lot split subject to the conditions in the attached resolution. Motion carried unanimously. (Res. 219-03) CONSIDER AMENDMENT TO SEWER STAGING PLAN/FIRE STATION #3, SMITH & MILLER PROPERTIES Community Development Director Neumeister stated the applicant is requesting a Comprehensive Plan Amendment to change the Comprehensive Plan's sewer staging classification for contiguous properties located on Crosstown Boulevard. Mr. Neumeister noted initially set to receive municipal services in 2015-2020, the properties at 15773,15803,15827,15955 and 15975 Crosstown Boulevard NW have an opportunity to receive municipal water and sewer within the next two years via the Constance Corners subdivision and the proposed Fire Station #3. Mr. Neumeister explained City Engineering staffhas indicated that the sewer pipes that would be extended to serve Fire Station #3 have sufficient capacity to allow the connection of all of these properties. Availability of the sewer pipe to serve Fire Station #3 would put it in close proximity to these other properties. This would enable them to connect without involving other property owners in the area that may not be ready to proceed at this time. These property owners have indicated their interest in getting the sewer as soon as it is available. The staff recommends that the adjustment to the sewer staging plan be allowed to enable these properties to develop in the next year or two. Regular Andover City Council Meeting Minutes - December 2, 2003 Page 10 Mr. Neumeister noted verbal inquiries and written requests to amend the sewer staging plan have been received from both Mark Smith and Thomas Miller. If approved, this sewer staging change will be subject to review by the Metropolitan Council. Councilmember Jacobson stated he did not have a problem with the concept of changing the staging plan but this does not include the location of Fire Station #3. He thought this was overlooked when they published the public hearing so his suggestion was instead of doing this piecemeal, they could include this in the public hearing notice for the next City Council meeting. Councilmember Trude stated she did not know if any residents had a problem with the fIre station property and she thought there were people at the meeting who would not want to come back for the public hearing. Mr. Neumeister stated in the discussion, he was referring to the rezoning item, which is the next item. The sewer staging plan includes all the properties. It was noted this item did include the fire station; the next item for rezoning did not include the fIre station. Councilmember Jacobson agreed he was jumping ahead with his comments and stated this pertained to the next item. Motion by Knight, Seconded by Trude, to approve the sewer staging plan amendment. Mayor Gamache asked for a clarification on this item. Mr. Neumeister clarified the reasons why he considered this a Comprehensive Plan Amendment. City Attorney Hawkins stated he agreed with Mr. Neumeister. Ifit is a section of their Comprehensive Plan and they are amending it, it could be considered a Comprehensive Plan amendment. Councilmember Trude wondered if they should have this set aside to find out whether they have met the entire Ordinance requirements for a Comprehensive Plan change. City Attorney Hawkins stated that would require a public hearing which is done by the Planning Commission and has taken place. The City Council must then approve this on a four/fifths vote. Mr. Neumeister showed a map and explained what was proposed on the properties regarding the sewer line. Discussion ensued in regard to timing to the development of the property. Councilmember Trude explained she wanted to see one coordinated road plan so there are not a lot oftemporary cul-de-sacs throughout. Mr. Troy Gamble, Anderson Engineering on behalf of Lorent Development, explained there are a few reasons that drove the application for rezoning. One was the sewer staging and seeing this as an opportunity to move ahead with another piece of the puzzle. He stated Lorent Development has a purchase agreement with the Thomas Miller property and he believed the talks have already begun with adjacent properties coordinating some type of road plan. This does not mean they will move ahead at the same time and with the approval of the rezoning, they will be following soon after with a formal submittal of a sketch plan and preliminary plat. Regular Andover City Council Meeting Minutes - December 2, 2003 Page 11 CounciImember Trude asked if this was for the property at 15827. Mr. Gamble stated this was correct. Mr. Neumeister explained they have been working with them on ghost platting of this property and if the Council wants this brought back with a plan, they could do that. The Council thought that would be good. CounciImember Knight withdrew his motion. Councilmember Jacobson stated they could move ahead with the sewer staging plan because it does not affect rezoning. Motion by Jacobson, Seconded by Knight, to approve Item 23 with the following changes to the resolution adding wording to the title stating "Approving a Comprehensive Plan Amendment for Sewer Staging Plan f.mcÐdment for Property Legally Described As:" and in the last paragraph after the "NOW, THEREFORE, IT BE RESOLVED", of the resolution to add the wording "subject to review and approval of the Metropolitan Council". Mr. Gary Orttel stated he owns the property on the backside of the development and he wondered if there was going to be a buffer zone there and what is the lot setback going to be on the houses. Councilmember Jacobson stated this is part of the platting process. Mr. Orttel wondered if there will be a buffer zone. CounciImember Orttel stated Mr. Lipski has thirty foot tall pines that will be eliminated and he had a phone call this last weekend wondering if they were going to be destroyed or if they would stay. Mr. Erar stated he talked to Mrs. Lipski and she indicated the same thing. He encouraged her to send a letter with a request to try to preserve some of those pine trees and they would forward this onto the developer to see what trees could be preserved. He stated with trying to get sewer and water in, it is difficult to save all of the trees and it is up to the developer to decide if the trees will stay or go. Mr. Orttel thought the residents should have a right for a buffer zone. Mr. Neumeister stated that during the plat review, this issue will be brought forward and they will have a public hearing to voice concerns. Mrs. Jackie Lipski, 629 157tb Avenue NW, showed on the map where their property is located and stated as concerned citizens, they are at the meeting to make sure it is developed so they could all live there happily. She explained her husband suggested at the Planning and Zoning meeting, the outer edges stick to the large lots, this would make a nice buffer zone for the current residents. Mayor Gamache stated they would take all of the comments into consideration with the development of the property. Mrs. Kathy King, 719 157tb Avenue, thanked the Council for the informative discussion that took place and she wanted to thank them for taking into consideration the neighborhood's desire for maintaining a buffer. CounciImember Trude asked if they needed to move on this for the fire station. Mr. Neumeister stated that was true because anything over a forty acre amendment goes through a longer than a ten Regular Andover City Council Meeting Minutes - December 2, 2003 Page 12 day review so it may take as long as sixty days for it to get through the Metropolitan Council. Motion carried unanimously. (Res. 220-03) CONSIDER REZONING/R-l TO R-4/15827 CROSSTOWN BOULEVARD Community Development Director Neumeister explained this rezoning will allow the development of a 15.22-acre parce! that can now get sewer service via the Constance Corners subdivision sewer. Mr. Neumeister stated the City's sewer staging, as drafted in the Comprehensive Plan, has this parcel slated to receive sewer service between 2015 and 2020. With the development of the Constance Corners subdivision, sewer service will be available next year. This rezoning would have taken place when the area received sewer service in 2015, but is sought now with the early arrival of the sewer utility. Councilmember Jacobson stated he was uncomfortable with moving ahead with rezoning at this time. He would like to get the property owners together with the City and the neighbors to discuss what is planned so there is not any piecemealing going on. Motion by Jacobson, Seconded by Knight, to table the proposed zoning until the next Council meeting December 16, 2003 and in the meantime, ask the developer to extend this for review with staff and property owners surrounding the property. Councilmember Ortte! stated whatever happens on this, he would like a representative from the neighborhood to be notified. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMITILAND RECLAMATIONISOIL STORAGE/2748 161sT AVENUENW Community Development Director Neumeister stated the applicant is requesting to store up to 15,000 cubic yards of dirt on the subject property. Bringing material in excess of 400 cubic yards onto a property is considered land reclamation and requires a Conditional Use Permit. The material will be generated as a part of the Round Lake Boulevard Reconstruction Project. Mr. Neumeister explained a permit is required to allow the City to review the type of material, the route and method of transportation, measures to prevent displacement from wind, hours of operation, length of permit, site restoration, etc. Councilmember Trude stated staff may want to discuss purchasing some fill for Andover Station North. Mr. Berkowitz stated they are taking the excess topsoil material which will be utilized for top Regular Andover City Council Meeting Minutes - December 2, 2003 Page 13 dressing. Motion by Orttel, Seconded by Jacobson, to approve the proposed Conditional Use Permit subject to the conditions of the attached resolution and adding Item 13, no retail sales of material be allowed, wholesale only. Councilmember Jacobson stated there is an error in the Resolution. Under the first Whereas, it states this is a two year period and it should be a three year period. Item 7 should have words added to it "As shown on the aerial view attached to the application" and at the bottom, he would like to add two additional items, Item 13, would be to require a bond to assure compliance and that the property is restored to its original or better condition following the permit and the amount of the bond to be detennined by staff. Item 14 would be that no retail sales of material be allowed, wholesale only. Councilmember Knight asked if they will have any problems with belly dumpers and all of the traffic coming and going. Mr. Neumeister stated he thought the County was supportive of this because it was for an improvement to County roads. He stated they will need truck crossing signs and typical things like that. Councilmember Orttel disagreed with including Item 13 in the motion because he did not think a bond was necessary. He would allow Item 14 to be included in the motion with changing it to Item 13. Councilmember Trude agreed. Councilmember Jacobson stated he would withdraw that condition. Motion carried unanimously. (Res. 221-03) WATER FLOURIDATION QUALITY AWARD City Administrator Erar stated the City has received the 2002 Water Fluoridation Quality Award from the Centers for Disease Control and Prevention for maintaining optimal fluoride levels and meeting the fluoridation monitoring requirements of the State of Minnesota for all 12 months of 2002. CONSIDER CLOSING CITY HALL THE DAY AFTER CHRISTMAS City Administrator Erar explained City Management is proposing the City Hall be closed the day after Christmas, Friday, December 26, 2003. This is not a regularly scheduled holiday; therefore, employees who would like to work may do so, but employees who would like to take the day off would be able to use vacation time or compensatory time to offset the hours not worked. Councilmember Trude wondered if there were any complaints with the City being closed after Thanksgiving and the day after Christmas. Mr. Erar stated there were not any complaints that he was aware of. He stated these are typically slow days. Regular Andover City Council Meeting Minutes - December 2, 2003 Page 14 Councilmember Jacobson asked if there would be some consideration to closing City Hall at noon on Christmas Eve. Mr. Erar stated the Human Resources Manager did solicit staff input on this and people felt that the Friday following Christmas was better and they would like to stay open for the entire day on Christmas Eve. Motion by Jacobson, Seconded by Trude, to approve closing City Hall on Friday, December 26, 2003 using vacation time or compensatory time to offset the hours not worked and to allow employees to leave at noon on Christmas Eve day with the same conditions. Mr. Erar stated he would like to keep that subject to the department head approval. Mayor Gamache thought this would be the best way to do this. Councilmember Jacobson withdrew his motion. Motion by Orttel, Seconded by Jacobson, to approve closing City Hall on Friday, December 26, 2003 using vacation time or compensatory time to offset the hours not worked and allow staff not needed to leave at noon on Christmas Eve Day subject to department head approval. Motion carried unanimously. SELECT DATE TO INTERVIEW PLANNING AND PARK COMMISSION CANDIDATES Mr. Neumeister explained they have six people interested in being on the Planning Commission and three interested in the Park CommissioI]- vacancies. He explained there are two openings on the Planning Commission and three openings on the Park Commission. Motion by Jacobson, Seconded by Knight, to schedule a meeting for January 6, 2004 starting at 6:00 p.m. and immediately following the City Council meeting to interview candidates for the Planning and Park Commissions. Motion carried unanimously. MAYOR/COUNCIL INPUT (County Officials Meeting) - Councilmember Trude stated they are going to have the meeting with the County Officials and she wanted to know what time they are meeting. Mr. Erar stated they will be meeting at 6:30 p.m. with the Meth Lab Ordinance being the last item. Councilmember Trude stated the understanding she had is the developer in the audience was going to meet with Craig Kronholm based on their meeting in early October to come up with a plan that they were going to go to the County with and he wanted to show the Council so they know what they are going to the County with. The Council recessed at 9:42 p.m. ~- ". - Regular Andover City Council Meeting Minutes - December 2, 2003 Page 15 The Council reconvened at 9:47p.m. Mr. Darren Lazan, Development Manager of Andover Clock Tower Commons explained since the Council workshop he has continued to work on some sort of exhibits and information for the December 11, 2003 County meeting. He stated he has worked with staff and Craig Kronholm to pull out as many issues as they had to make sure they understood what the concept was. He talked with Mr. Dickinson regarding what the fmancing would be for the project. Mr. Lazan showed on maps the traffic improvements proposed to the intersections on Hanson, Bluebird and Crosstown Boulevard along with speed zone consistency in the area. Mr. Erar explained what will be on the agenda on December 11, 2003. (Cable Council Update) - Councilmember Trude stated she did the Council update after the last City Council meeting and she talked to QCTV who explained they were called by someone at City Hall that it be pulled for ten days and then put back on. She thought that if something like this happens, they should be notified as to the reason why it was held. Mayor Gamache stated they should not have pulled this for ten days, it was asked to be pulled for the weekend until they made the decision on the kick off. He explained they were asked to pull it for the weekend because they were not sure if they were going to have the kickoff and they should have put it back on after the weekend. Councilmember Trude stated if someone is going to pull a Council update, all Councilmembers should be notified to the reasons why so there is not any question about why it was pulled. (December 3, 2003 Event) - Councilmember Knight asked what time the event started on December 3, 2003. Mayor Gamache stated it started at 5:00 p.m. at the Courtyards of Andover. Councilmember Jacobson stated the meeting starts at 5:00 p.m. but if you want to decorate, be there earlier. Mayor Gamache stated they will be talking about the Community Center and the Capital Campaign and how the fundraising is going. (Building Information Request) - Councilmember Jacobson explained the issue of notifying the Council about the facility that is going up on 157th. He explained that he questioned staff and he was told that they did tell him about it; it was in the Monday morning report stating they issued permits for footings but he had no idea what was going in there. He stated that when they get phone calls from residents asking what is going in there and the City Council members do not know, it gets a little embarrassing. He stated the rationale given was it was properly zoned but the City Council needs to have some of the stuff passed by them. He would like to see the site plans before any building permits are issued so he knows what is going on and can comment on them. He proposed that in the future before all the major permits are issued, that it is run by all the City Council members so they can comment or ask questions. Councilmember Trude stated she noticed it did go through a couple of reviews at the staff level and Regular Andover City Council Meeting Minutes - December 2, 2003 Page 16 then it was brought to the Council. She was a little concerned that the garbage will be located behind residential property. Councilmember Orttel stated the reason they do not do this is because they do this at the zoning level. Councilmember Jacobson asked to let him know when something was coming up so he could come and look at it if he wanted to. Mr. Erar explained there is never any intention to not disclose information that was processed internally within the department. There was very little discussion at ARC because they are permitted uses. He stated that in the ordinance there was no requirement to move it forward to the Planning Commission and City Council so staff took it upon themselves to move it through and they do not have any problem with presenting a site plan so the Council has opportunity to comment on it. He stated that if there was an oversight on staff's part, he apologized and in the future, even if it is a permitted use, they will bring it to the Council. Councilmember Jacobson stated he would like a notice that there is some type of development on the table so he can review it ifhe wants to. Motion by Trude, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:48 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary - - --. . . . .