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HomeMy WebLinkAboutCC February 19, 2002 o~ û.AJ W1.-tXb...t'1 3- 1'1 - oa- CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755·8923. WWW.Cl.ANDOVER.MN.US Regular City Council Meeting - Tuesday, February 19, 2002 Call to Order - 7:00 PM 1. Resident Forum 2. Agenda Approval 3. Approval of Minutes (1/24/02) (1/30/02) (1/31/02) (2/5/02)- Consent Items 4. Accept Feasibility ReportÆuttemut St., 173'" Ave & Flintwood St. Street Paving/01-25 - Engineering 5. Accept Community Forest Health Grant ~ Engineering . 6. Approve Change Order #1!98-29/Grey Oaks (Supplemental) - Engineering 7. Approve Plans & Specs/02-3/2002 Crack Sealing/2002 CIP - Engineering 8. Approve Plans & SpecsJ02-4/2002 Seal Coating/2002 CIP - Engineering 9. Approve Resolution & Authorize Approval of Agreement with MnDOTlRailroad Crossing Signals/Ward Lk. Dr. & Burlington Northern Railroad - Engineering 10. Accept Feasibility Report (Supplemental)/00-43/Natures Run - Engineering II. Approve Plans & SpecsJ00-43/Natures Run - Engineering 12. Accept Feasibility Report (Supplemental)/00-42/Aztec Estates - Engineering 13. Accept Feasibility ReportJ02-13lPrairie Acres Addition (Lots I & 2, Block I) - Engineering 14. Order Plans & Specs/02-5/Shadowbrook East Parkl2002 CIP - Engineering 15. Order Plans & Specs/02-6/Wild Iris Parkl2002 CIP - Engineering 16. Order Plans & SpecsJ02-7/Hidden Creek North Parkl2002 CIP - Engineering 17. Order Plans & Specs/02-9IPine Hills & Timber Rivers ParksJ2002 CIP - Engineering 18. Declare Cost/Order Assessment/01-20IDevonshire Estates - Engineering· 19. Acknowledge Organizational RestructuringlFinance Department - Administration 20. Approve Temporary Extension of Liquor License/Pov's Sports Bar - Clerk Discussion Items 21. Receive Anoka County Sheriff Department Monthly ReportlIntroductions - Sheriff 22. Discuss Pedestrian Access to Rum River Elementary School/O 1-13N erdin Street & Adjoining Areas - Engineering 23. Andover Athletic Association Charitable Gambling Presentation - Administration 24. Consider Special/Conditional Use PennitIHousemoving/14278 Round Lake BlvdlKramer - Planning .25. Consider Lot Split/17729 Eidelweiss Street NW/ Grundstrom - Planning 26. Receive Neighborhood Business StudylPresentation by NAC Planning Presentation - Planning 27. Discuss Ordinance AmendmentlRequire Stonn Shelters in New Residential Structures without Basements - Planning Staff Items 28. Schedule Joint Meeting/Authorize Consultant Contract/Sports Complex Task Force - Administration 29. Schedule Council WorkshoplRound Lake Boulevard-Andover Boulevard - Engineering 30. Schedule EDA Meeting - Administration 31. Receive Water Treatment Plant Architectural Design Elements/99-15 - Engineering· Mayor/Council Payment of Claims Adjournment i~&tV.~ c:v:>-I '- \.k..'rìctt:t.n 3 -I '1 -6 ;:>-. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 19, 2002 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. 1 AGENDA APPRO V AL.............................................................................................................2 APPROVAL OF MINUTES......................................................................................................3 CONSENT ITEMS ProclamationlMelvin Aanerud...................................................................................... ........ 3 Resolution RO I 7-02 Accept Feasibility Report/Buttemut Street, 173rd Avenue and Flintwood Street, Street Paving/Ol-25 .............................................................................3 Accept Community Forest Health Grant............................................................................... 3 Approve Change Order #1/98-29/Grey Oaks........................................................................ 3 Approve Change Order #2/98-29/Grey Oaks........................................................................ 3 Resolution R018-02 Approve Plans and Specs/02-3/2002 Crack Sealing/2002 CIP ...........3 Resolution R019-02 Approve Plans and Specs/02-4/2002 seal Coating/2002 CIP .............3 Resolution R020-02 Approve Resolution and Authorize Approval of Agreement with MnDOT/Railroad Crossing SignalslWard Lake Drive and Burlington Northern Railroad..... ................................................................................................................. ...... 3 Resolution R021-02 Accept Feasibility Report (Supplmental)/00-43/Natures Run............. 3 Resolution R022-02 Approve Plans and Specs/00-43/Natures Run..................................... 3 Resolution R023-02 Accept Feasibility Report (Supplemental)/00-42/ Aztec Estates ......... 3 Resolution R024-02 Accept Feasibility ReportJ02-13/Prairie Acres Addition (Lots 1 & 2, Block 1).................... ........................................................................ ............. .... ............... 3 Resolution R025-02 Order Plans and Specs/02-5/Shadowbrook East Park/2002 CIP .........3 Resolution R026-02 Order Plans and Specs/02-6/Wild Iris Park/2002 CIP ......................... 3 Resolution R027-02 Order Plans and Specs/02-7/Hidden Creek North Park/2002 CIP ...... 3 Resolution R028-02 Order Plans and Specs/02-9/Pine Hills and Timber River Parks/ 2002 CIP .......................................................................................................................... 3 Resolution R029-02 Declare CosVOrder AssessmenVOI-20/Devonshire Estates................ 3 Acknowledge Organizational RestructuringlFinance Department ....................................... 3 APPROVE TEMPORARY EXTENSION OF LIQUOR LICENSE/ POV'S SPORTS BAR ..........................................................................................................4 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT/ INTRODUCTIONS Received..................................................................................................................... ...... 4 DISCUSS PEDESTRIAN ACCESS TO RUM RIVER ELEMENTARY SCHOOUOI-13/ VERDIN STREET AND ADJOINING AREAS Received.................................................................................................................... ....... 4 ANDOVER ATHLETIC ASSOCIATION CHARITABLE GAMBLING PRESENTATION Motion to update the Gambling Ordinance...................................................................... 9 CONSIDER SPECIAUCONDITlONAL USE PERMIT/HOUSEMOVING/14278 ROUND LAKE BOULEV ARD/KRAMER Motion to deny (See Res. 030-02) ................................................................................... 10 CONSIDER LOT SPLIT/17729 EIDEL WEISS STREET NW /GRUNDSTROM Motion to approve (See Res. 031-02) ................................................................................... 11 RECEIVE NEIGHBORHOOD BUSINESS STUDYIPRESENTATION BY NAC PLANNING PRESENTATION Received..................................................................... ..................................................... ...... 13 SCHEDULE JOINT MEETING/AUTHORIZE CONSULTANT CONTRACT/SPORTS COMPLEX TASK FORCE Motion to approve/Motion to appoint City Council as Executive Committee ................ 15 RECEIVE WATER TREATMENT PLANT ARCHITECTURAL DESIGN ELEMENTS/ 99-15 Received................................................................................ .................................... ....... 17 DISCUSS ORDINANCE AMENDMENT/REQUIRE STORM SHELTERS IN NEW RESIDENTIAL STRUCTURES WITHOUT BASEMENTS Motion to table until March 6, 2002 Council meeting..................................................... 18 SCHEDULE COUNCIL WORKSHOP/ROUND LAKE BOULEVARD-ANDOVER BOULEV ARD ...................................................................................................................... 18 SCHEDULE EDA MEETING Motion.......................................................... ......................................................................... 18 MAYOR/COUNCIL INPUT March 22, 2002, Friday Morning, Youth First Mayors Breakfast ........................................ 18 Train Crossing on Bunker Lake Boulevard .......................................................................... 19 People Organizing Youth Programs for Football................................................................. 19 APPROVAL OF CLAIMS ........................................................................................................ 19 ADJOURNMENT...................................................................................................................... 19 . CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 19,1002 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 19, 2002, 7:01 p.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, Barry Sullivan Fire Chief, Dan Winkel City Engineer, Scott Erickson City Finance Director, Jim Dickinsoo- City Planner, Courtney Bednarz City Administrator, John Erar Others RESIDENT FORUM Chris English, 16655 Crocus Street NW - He stated the reason he came was because one of the items on the agenda was to consider a contract for consulting services to look at private donations to help offset the cost for the proposed cornmunity/athletic facility. He stated that the . results of the survey indicated a significant gap between what the cornmunity was willing to donate for the facility and what the facility would actually cost. Mr. English stated his next concern was regarding the survey. He stated the questions were couched in a theoretical form. He stated that there was a set of hypothetical questions. He wanted to know where the overwhelming suppòrt for the facility came from when the percentages to the questions were so low. He noted the survey indicated that the average household would accept the tax increase anywhere from $36-$42 dollars based on a $200,000 property. Mr. English stated that during the Task Force workshop with the City Council, it was indicated that the current estimate for the facility was at 9.9 million dollars. If there were zero dollars available from donations, a $200,000 home would pay approximately $140.00 in additional annual taxes. Even if the City collected four million dollars in donations and based on a ten million dollar facility, the annual tax increase would be more than what was agreed to. Councilmember Trude stated the amounts are actually higher than what Ehlers had given to the Council at the Task Force workshop. . Regular Andover City Council Meeting Minutes - February 19, 2002 Page 2 Mr. English assumed the average operating cost to run the facility annually would amount to $250,000.00. He stated the Task Force did discuss other sources of income the facility could bring in besides selling ice time. If the community could raise four rnillion dollars in private donations and the community facility was able to generate enough operating revenue to pay for revenue cost, the remaining cost for debt service would be $570,000 a year. He stated that was the most optimistic situation they could envision. Mr. English stated in his estimation donations would be in the one to two million-dollar range and that would push them into $375,000 to $800,000 a year in debt service. The question was assuming they hire a consultant and assuming they could raise four million in private donations, would the City be willing to take on $600,000 in additional costs. Councilmember Trude stated the entire survey and information was on the City web site. -- AGENDA APPROVAL Add to the Agenda Item 3a, (ProclamationlMelvin Aanerud). Add Item 6a (Approve Change Order #2/98-29/Grey Oaks). Remove Item 20, (Approve Temporary Extension of Liquor LicenseIPov's Sports Bar). MOTION by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES January 24, 2002, Special Council Meeting: Correct as written. January 30, 2002, Special Council/Sports Complex Task Force Meeting: Correct as written. January 31, 2002, Special Council Meeting: Correct as amended. February 5, 2002, Regular Meeting: Correct as amended. Councilmember Trude stated she had amendments on two sets of the minutes. She stated that on the January 31, 2002 minutes, page two, paragraph three. She stated the sentence should read, "Councilmember Trude questioned if it's worth it to spend 8 million on the drift wells treatment plant and water svstem upgrades... " Councilmember Trude stated on the February 5, 2002, Regular meeting, there was a change to page four, paragraph six. "She stated that etgIH five units per acre would be too dense for this location." . . Regular Andover City Council Meeting Minutes - February 19, 2002 Page 3 She stated that on page six, paragraphs two and three, the residents name should be Mr. Dan Stav instead of Mr. Dan Sta¥e. MOTION by Trude, Seconded by Orttel, to approve the above Minutes. Motion carried unanimously. CONSENT ITEMS Item 3a. Proc1amationlMelvin Aanerud Item 4 Accept Feasibility ReportJButternut Street, I73n! Avenue and FIintwood Street, Street Paving/01-25 (See Resolution ROI7-02) Item 5 Accept Comrnunity Forest Health Grant Item 6 Approve Change Order #1/98-29/Grey Oaks Item 6a Approve Change Order #2/98-29/Grey Oaks Item 7 Approve Plans and Specs102-3/2002 Crack Sealing/2002 CIP (See Resolution ROI8-02) Item 8 Approve Plans and Specs/02-4/2002 Seal Coating/2002 CIP (See Resolution ROI9-02) Item 9 Approve Resolution and Authorize Approval of Agreement with MnDOTlRailroad Crossing SignalslWard Lake Drive and Burlington Northern Railroad (See Resolution R020-02) Item 10 Accept Feasibility Report (Supplemental)/00-43/Natures Run (See Resolution R021-02) Item 11 Approve Plans and SpecslOO-43/Natures Run (See Resolution R022-02) Item 12 Accept Feasibility Report (Supplemental)/00-421 Aztec Estates (See Resolution R023-02) Item 13 Accept Feasibility Reportl02-13/Prairie Acres Addition (Lots 1 & 2, Block 1) (See Resolution R024-02) Item 14 Order Plans and Specs/02-5/Shadowbrook East Parkl2002 CIP (See Resolution R025-02) Item 15 Order Plans and Specs/02-6lWild Iris Parkl2002 CIP (See Resolution R026-02) Item 16 Order Plans and Specs/02-7/Hidden Creek North Parkl2002 CIP (See Resolution R027-02) Item 17 Order Plans and Specs/02-9/Pine Hills and Timber River Parks/2002 CIP (See Resolution R028-02) Item 18 Declare Cost/Order Assessment/01-20IDevonshire Estates (See Resolution R029-02) Item 19 Acknowledge Organizational RestructuringlFinance Department MOTION by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. . Regular Andover City Council Meeting Minutes-February 19,2002 Page 4 APPROVE TEMPORARY EXTENSION OF LIQUOR LICENSE/PO V'S SPORTS BAR Councilmember Trude asked if this was to have a bar outside. Councilmember Orttel stated that this was an annual event. He stated that they have a band and sports during Andover days. Councilmember Jacobson asked if there had been any noise complaints from neighbors. Mr. Bednarz stated there had been no complaints from the neighbors. MOTION by Orttel, Seconded by Knight, approval of the Consent Agenda as read. Motion carried on a 4 yes, 1 No (Jacobson) vote. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT/INTRODUCTIONS Captain Dave King from the Anoka County Sheriff's Office presented an update on law enforcement activities occurring within the City. Chief Deputy Bruce Andersohn introduced deputies assigned to Andover. Councilmember Trude stated it was nice to actually meet the officers and let the residents know that there are actually deputies assigned to Andover. Captain King presented the monthly Sheriff's Department report to the Council. Councilmember Jacobson stated there seemed to be a dramatic increase in traffic arrests. He asked if the Sheriffs Department was doing something different than what was being done before. He stated that last year they had 117 and this year they had 174. Captain King stated that the difference could have been that there had been a milder winter than last year and that made it easier to work traffic. DISCUSS PEDESTRIAN ACCESS TO RUM RIVER ELEMENTARY SCHOOV01- 13/VERDIN STREET AND ADJOINING AREAS City Engineer, Scott Erickson stated that last spring the City Council had expressed an interest in having a safe pedestrian route established from the new Rum River Elementary School to the adjacent neighborhoods and to prepare a feasibility report for this project. Before preparing a feasibility report, the location of the trail had to be identified. City staff did send a letter to residents in the area of the school in regards to an informational meeting to hear comments or suggestions regarding potential connections and/or concerns of trail locations. This . - Regular Andover City Council Meeting Minutes - February 19, 2002 Page 5 informational meeting was well attended by area residents, with the majority of the residents not supporting the trail along Verdin Street NW. During the joint City CouncillPark and Recreation Commission meeting held on December 13, 2001 the need for a trail in the area was again discussed and identified as a 2002 CIP proj ect with options of the trail location to be further explored. Mr. Erar stated staff on January 28, 2002 sent another letter to residents in the area surrounding the school to see if any other property owners would be interested in dedicating a trail easement for pedestrian access. Responses were due by February 8, 2002. One written response was received from a property owner with their concerns and recommendations regarding the trail. Staff had contacted four property owners where the trail would seem to provide the best access. To date, two trail options have been reviewed: 1) Trail along the West side of Verdin Street NW, and 2) internal trails from the neighborhood. Both options have not been well received by the neighborhoods. - A third option would be to construct the trail along the East side of Verdin Street NW. This option had not been pursued as it would require two mid-block crossings of Verdin Street NW (speed limit 55) for neighborhoods along the West side of Verdin Street NW. It appeared that any of the potential trail locations would require property to be purchased in order for the trail to be constructed. Based upon the feedback received from the neighborhood, the property would most likely need to be purchased through the use of eminent domain. Mr. Erickson stated originally they were told that if the kids were on a 55-mile road or railroad crossing they would be bussed. As of the last School District meeting, they were being told that no matter what the kids would have to walk within the two-mile radius. Councilmember Trude stated that kids that lived within two miles would be walkers unless they paid for bussing. Councilmember Jacobson stated that the original project cost was $100,000 and if the land owner who was willing to provide an access to the school, that access would take care of almost everyone on the West side. He stated they should diligently talk to that resident regarding putting the trail across his property. Councilmember Orttel asked if this was the vacant lot. Mr. Erickson stated it was not and he pointed out the vacant lot. Mayor Gamache stated that it is highly wooded and adjoins the school property. Councilmember Orttel stated a trail to the North would be just as important. He stated he did not like the trail on Verdin Street, but it was sensible to get North and West trails in as soon as possible. He stated kids would cut through yards no matter what. He asked if they could follow the power lines. Mr. Erickson stated there might be an opportunity to run a trail along there to . -- · Regular Andover City Council Meeting Minutes - February 19, 2002 Page 6 Verdin Street. Councilmember Orttel asked the purpose of the curb. Mr. Erickson stated there was wetland there and would need a curb to raise the trail up above the wetland. Councilmember Jacobson stated the easement was only for electrical service. Councilmember Knight stated he did not like the idea of a trail on Verdin Street either. He asked if two trails would be adequate, one on the East side and one on the North side. Councilmember Knight asked if they could put up crossing signs for the trail crossing Verdin Street. Mr. Erickson stated they could work with the highway department and put up crossing signs in the appropriate places. Councilmember Jacobson stated the sheriffs department met with the School Board regarding school-crossing guards. Captain King stated that they met with the School BoardlO see how they could work it out with the district on how many kids would be walking versus paying for busing. Councilmember Trude stated the current cost to bus the children would be $200.00 up front per year per child. She stated that for families with more than one child, it might be too expensive to pay for busing, so they might end up having more children walking to school than they had thought. Captain King stated on April 1, 2002, the changes would start and it would be $50 for the quarter. Councilmember Trude stated the School Board did not even discuss quarterly payment. She noted that they only stated it would be $200.00 per school year per child to bus within the two mile radius, even if a family moved in after the first quarter of the school year. Captain King stated he went to the School Board meeting to try to map out the dangerous crossings and it was apparent that it was not up for negotiation. Councilmember Trude stated that the City Attorney should look into this matter further to see what the laws are. Captain King stated they had talked extensively about this and found that traffic volumes are greater in the morning and evening with parents driving their children to school. He stated that when he asked the board about this, the board stated this should be considered a permanent situation. Councilmember Trude stated the City was not designed like the urban area with sidewalks and houses close together. She stated that it was frightening to see all the 55-mph streets in Andover. - Regular Andover City Council Meeting Minutes - February 19, 2002 Page 7 Councilmember Jacobson stated staff was looking for direction from Council. He stated that the Verdin Street trail was out, however there was a possibility of a trail on 168th Lane and the City would need to buy the land for a trail. Councilmember Trude stated they needed to have a plan and that they had a possible connection for a trail. Councilmember Jacobson stated that the trail would not only be for the kids to walk to school, it would be used for kids to go to parks after school or on weekends. Mr. Erar stated for the record that going back a few meetings, they did propose the Verdin Street trail. He stated that Staff had followed that direction without much success. He stated his emphasis for the record, from a Staff prospective, ARC reviewed the trail configuration and the Park and Recreation Cornmission recommended it. He stated they did take a look at all the access points on the East and the West side of Verdin Street. He stated that they were trying to push the kids into one trail area so they could get them to one location where they could cross Verdin Street, because if they did not have anything for them to walk on, they wouidhave kids walking outside of their neighborhoods and attempting to cross Verdin Street at various points. The reason the trail was there was to try to get them on one side of the road so that they could get them to a specific crosswalk so they could travel from West to East. Mr. Erar stated the Verdin Street trail was the best option Staff has come up with so far. Mayor Gamache asked if they had any discussions with residents on the east side between 172nd and 169,h Lane. Mr. Erickson stated they had not had any discussion with them. He stated that when they had their neighborhood meetings, it was focused on the neighbors on the West side. Councilmember Orttel stated on the East side they have full right-of-way. Mr. Erickson stated they did have full right-of-way for the section shown. Mayor Gamache stated that it would bring the kids to a crosswalk. He stated they could funnel the kids from Woodland Meadows, down to the crosswalk at 170th and up to 168th on the east side. He noted that they needed to move ahead on having school crossing signs and reduce the speed limit in the area between 168,h and 177th. He stated they need a crosswalk on 170th Lane, they need to talk about the trail along the east side, and discussions with the resident who may be interested in having a trail on his property should take place. Councilmember Orttel stated the City should not expect a donation ftom the resident; the City should pay the resident for the land. Mr. Erar stated they were trying to narrow the crossing to one specific location. He stated that if Council was supportive of that section, Staff would move forward with the design of the segment of the right-of-way. He noted the second issue would be on the West side of Verdin Street Mr. Erar stated part of the Comp Plan approach in terms of environmental preservation was to try to avoid wetland areas whenever they could. He stated that if the trail would not work, they . Regular Andover City Council Meeting Minutes - February 19, 2002 Page 8 would face other obstacles, such as the permitting process with the DNR and try to get them to approve a trail. Councilmember Trude stated the landowners whose properties abut Verdin Street stated the trail would come too close to their homes. She asked if it would be better to run the trail at their backyard lines and come out in the area called Woodland Ridge. Councilmember Orttel asked if it would be reasonable to go to the County and see if they could put a trail along the side of the road. Mr. Erickson stated that in order to do that they would need a curb or barrier for the trail. Mr. English stated that if the trail was extended north to 174 th lane there would be a second crossing where kids to the north could access the trail by using the east side of the trail. Councilmember Trude stated if that would be the case, they would have kids crossing Verdin twice. Mr. English stated if the trail was put on the west side, kids would need to cross Verdin Street a couple oftimes and the same would happen if the trail were put on the east side. Councilmember Knight stated that the idea would not resolve the problem with kids coming directly from the west. Mr. English stated that if a line was drawn on 171 'I, children living on the north side could funnel out to the Verdin Trail by going north and then east. He stated that children to the south of that line could go to 168th and take the trail into the school from the south. Mr. Gary ??, 176th , stated that by putting the trail on the east side they had access to the park down on 158th. He asked why the trail was ending on 176,h. He stated that if the trail was put on the west side, the trail would end at his lot and the kids would end up congregating on his property. He stated he could not believe the School District was going to allow 6 year olds to walk two miles down 59 to get to school. He stated he was upset about this. Councilmember Knight stated the response from the School Board was that parents could drive them to school. Councilmember Orttel thought it was a good idea to have some sort of an access to the school from the west. An audience member (did not state name) stated Mr. Erickson's statement that Staff contacted everyone in the area of the school was false. He stated that the City could run a trail along the power lines right to the school, but instead they want to run the trail elsewhere and spend the extra money. Councilmember Jacobson stated that the residents need to talk to the School Board and Legislators. . · Regular Andover City Council Meeting Minutes - February 19, 2002 Page 9 Mr. Erickson stated they would explore the south and west connections in more detail and look closer at the east trails along 167th and 170,h and a crosswalk in that area. He stated they would also look at the power line easement and the wetlands. An audience member (did not state name) stated the power line easement was the highest part of the land in that area. Mayor Gamache stated they needed to look at the speed zone and crossing signs on the road and possibly changing the speed zone during school areas. Mr. Erickson stated the staff needed to push the speed zone with the County. He stated that they also need to push the crosswalk with the County. Mr. Erar asked if Council would authorize eminent domain proceedings to begin on the trail sections on the west and south if the homeowner would not allow the City to acquire the land for .-- a trail. He also asked how soon the Council wants to pursue purchasing land for the trails. Councilmember Knight asked what was the legal status of a power line easement. Mr. Erickson stated they would need to get an easement to put a trail on this. Councilmember Orttel felt it would be a disaster to put a trail on the power line easement. MaJjory Olson, Wren Street, stated she talked to the person who bought the lot and she stated he was willing to put a trail along his property. An audience member (did not give name) stated that if the issue was child safety, they should be thinking about Tom Thumb on 181st. as more children ride in that direction. He felt the trail should go all the way to 181 st. Consensus was to have staff research the issue further and come back at a future meeting to bring more information. ANDOVER ATHLETIC ASSOCIATION CHARITABLE GAMBLING PRESENTATION City Administrator John Erar introduced Mr. Tom Berard, representing the Andover Athletic Association. He had requested placement on the Council Agenda for the purpose of rnaking a presentation on their group's interest in charitable gambling. Mr. Berard indicated he had discussed this request with individual City Council members and was encouraged to attend the Council meeting for this purpose. He presented the Andover Athletics Association's interest in charitable gambling and requested the Council to reconsider the Ordinance that limited the rental payments and allow them to pay similar to what the State guidelines are. Mr. Berard stated that they were anticipating paying $180.00 for waste removal per month and $125.00 per week for cleaning. Regular Andover City Council Meeting Minutes - February 19, 2002 Page 10 Mayor Gamache stated they changed the Ordinance and it prohibited gambling in Andover. If they change the Ordinance back, this would allow charitable gambling back into the City. He stated his suggestion would be to change the Ordinance back to allow charitable gambling within the City. Councilmember Trude asked if the Ordinance should be amended to put a cap on the spending amount. Councilmember Knight stated he would like to see a lid too. Councilmember Orttel suggested 25 percent for garbage and cleaning and not to exceed $750.00 or $800.00. Councilmember Trude stated the money should go to the children who need the money, not to spend the money on garbage and cleaning. Mr. Berard stated that there would be salaries paid out to the gambling manager and to the people working at the facility. He stated that no one at their organization was paid to run their organization: Mr. Berard noted that the money would go to Andover organizations and children. Councilmember Trude asked if their board was a non-profit 501 (c3) organization and did they have meetings and decide where the money would go. Mr. Berard stated this was true. Mayor Gamache stated that this would be reviewed at the March 6, 2002 City Council meeting and at that time they would look to accept their lease. He told Mr. Berard that the lease he had might need to be altered. MOTION by Orttel, Seconded by Knight, to direct Staff to update the gambling Ordinance to allow for rent not to exceed $1,000.00 a month and to include janitorial and waste removal of 25 percent of actual and not to exceed $750.00 per month and to bring it back to the first Council meeting in March. Motion carried on a 4 Yes (Knight, Orttel, Trude, Gamache), 1 No (Jacobson) vote. CONSIDER SPECIAVCONDITlONAL USE PERMIT/HOUSEMOVING/14278 ROUND LAKE BOULEVARDIKRAMER City Planner Courtney Bednarz reviewed the request of Christine Kramer to relocate a home to the property located at 14278 Round Lake Boulevard (PIN 29-32-24-31-0155). He stated the property is currently zoned R-4, Single Family-Urban and approximately 0.4 acres. A garage is currently located on the property and would remain. Ordinance No. 200 regulates the movement of structures over public roads via the special use permit process. The Building Official inspected the property on January 17. 2002 and found some items need to be taken care of thro~gh the building permit process to bring the structure up to code. · Regular Andover City Council Meeting Minutes - February 19, 2002 Page 11 Mr. Bednarz stated the properties to the north and west were currently zoned R-3, Single Family- Suburban, and the properties to the south and east are currently zoned R-4, Single Family-Urban. The proposed home is an 1100 square foot rambler constructed in the 1980's. All the windows in the home (except for the four season porch) would be replaced and vinyl siding would be installed. Mr. Bednarz advised that the Planning and Zoning Commission unanimously recommended approval of this request. Councilmember Jacobson stated that he would like to add a requirement that insurance be provided to the Resolution. MOTION by Jacobson, Seconded by Orttel, to Approve Item 24 (Consider SpeciaVConditional Use PermitIHousemovingl14278 Round Lake BoulevardlKramer). Mr. Jeff Kramer, applicant's son stated that after looking at all the costs involved, they concluded that it would be better to buiRI-a house and he would appreciate the Council voting it down so that they can get out of their contract. Councilmember Jacobson withdrew his motion. Mr. Erar stated that the property owner did not ask for a withdrawal, he asked for it to be voted down. He stated that if the Council did not vote on this or if there was no motion to approve it and then no action it would not be approved by default. Councilmember Orttel asked if it would not be better to have a motion for and have it fail. Attorney Sullivan stated a failed motion to approve is not a motion to deny and suggested they they deny this based on the applicant demonstrating an inability to comply with any of the conditions. MOTION by Jacobson, Seconded by Knight, to Deny Item 24 (Consider SpeciaVConditional Use PermitIHousemovingl14278 Round Lake BoulevardlKramer) (Resolution R030-02). Motion carried unanimously. CONSIDER LOT SPLITI17729 EIDELWEISS STREET NWIGRUNDSTROM City Planner, Courtney Bednarz stated the property owner was seeking approval of a proposal to divide the subject property into two rural residential lots with variances to the 2.5 acres rninimum lot size and 300-foot minimum lot width requirement. One of the lots would contain the existing house and detached garage. Mr. Bednarz advised that the Planning and Zoning Commission unanimously recornmended in favor of approving the lot split with variances to minimum lot size and width provided that findings from the Federal Fair Housing Act could be used to distinguish this request ITom other rural lot splits with variances. They also suggested that the City attorney review these findings. - Regular Andover City Council Meeting Minutes - February 19, 2002 Page 12 Councilmember Knight asked if there was any problem with the septic system and if they were on high enough ground with adequate drainage. Mr. Bednarz stated they were large enough to meet the rural requirements to have dual septic system. Councilmember Jacobson stated one thing that bothered him was the statement of the Department of Justice regarding group homes. He stated the sentence stating "to utilize the land use policies or actions that treat groups of persons with disabilities less favorably than groups of non-disabled persons". He stated that if they agree to this then they could not deny this to others not in their situation. He stated he was concerned about the precedence set by approving this. He stated he wanted to make sure the Council was aware of this. Councilmember Orttel thought they were taking this as a way to keep a disabled person in their home. Councilmember Jacobson stated that statement was confusing. Councilmember Orttel stated that maybe they should take this out of the item for approval ~ Attorney Sullivan stated that it was his understanding from talking with Mr. Hawkins that the Act was marginal if that. What constituted a reasonable accornmodation was based on the circumstances. Councilmember Knight asked if this was precedence setting. Attorney Sullivan replied that it is. Councilmember Jacobson stated he would approve this if they strike items 3 & 4. Councilmember Trude stated she liked this in the resolution because it would prohibit an older person from wanting to build a house because of aging. She also noted that it would not have a negative affect on surrounding properties as far as the resale of other properties in the neighborhood. This is a unique parcel. Ms. Grundstrom also has the support of her neighbors who want the family to remain in the neighborhood. Councilmember Orttel suggested changing item three to state "The Federal Fair Housing Act encourages reasonable accommodations and land use and zoning practices and procedures for such accommodations that may be necessary...". Commissioner Orttel stated it would be an honorable precedence. Attorney Sullivan stated that from looking at the ordinance, this would not adversely affect adjacent properties. Mrs. Grundstrom stated she had done some research. She stated that under Section 504, of the Fair Housing Act, HUD defined reasonable accommodations and in that, it stated "since persons with disabilities may have special needs due to their disabilities in some cases, simply treating them exactly the same as others may not ensure that they have equal opportunity". She stated that she did not know if that wording would affect the decision-making. · Regular Andover City Council Meeting Minutes - February 19, 2002 Page 13 Mr. Erar stated the resolution stated the way the Fair Housing Act was worded in the resolution did allow the Council to make that action. He stated that he did not believe that it was inaccurate to state that the Fair Housing Act does make it illegal in that sense. Councilmember Trude stated they should add findings, such as suggested by the attorney that they should have some findings added. Mr. Erar thought the findings were the points that were identified in the attached Resolution. He stated that one through four were the findings. Mr. Bednarz stated that under number four was where they got into the health, safety, morals and general welfare that the attorney mentioned. He asked the attorney if they should specifically mention the surrounding neighborhood and Comp Plan in the statement. Councilmember Orttel stated that he thought the attornéy wanted them in all of them because they needed to justify the action. MOTION by Knight, Seconded by Orttel, to approve Item 25 (Consider Lot Split/17729 Edelweiss Street NW/Grundstrom). Motion carried unanimously. RECEIVE NEIGHBORHOOD BUSINESS STUDYIPRESENTATION BY NAC PLANNING PRESENTATION City Planner Courtney Bednarz reviewed a copy of the Neighborhood Business study performed for the City by Northwest Associated Consultants, Inc. (NAC). The Executive summary of this document provided site-specific recommendations and suggested modifications to the ordinances regulating commercial property. Mr. Erar introduced Alan Brixius and Dan Licht of NAC to present this information. Mr. Brixius made a presentation to the City Council concerning the neighborhood business- zoning district. He stated there were two elements that they needed to look at. One was a change to their Comprehensive Plan that addresses two elements. One established a description of how the Cornmunity had changed and why the focus on neighborhood businesses had diminished and why the focus on Community businesses would increase. He stated the City's primary investment, tax base and job opportunities in service areas would be established and segregated from the other language patterns in a manner that would be compatible. Mr. Brixius stated in that respect, they had given them some suggested language with the objectives that focus a community business as a focal point. He stated that when they looked at the City's Zoning Ordinance, they made several suggestions. He stated the first one was the current neighborhood business district may have too broad a description as far as land uses that might be acceptable in a neighborhood setting. Additionally the conditional use permits did not have specific performance centers to ensure compatibility. He stated they were suggesting that the City look at additional neighborhood or Zoning Districts so they could ensure different levels of commercial growth. He stated that one of their suggestions was the City establish something along the lines of Residential Business District, which would be more office oriented with a · Regular Andover City Council Meeting Minutes - February 19, 2002 Page 14 combination of residential and office occurring within the same district. He stated the intent of the district would be to provide transitional areas along or around their higher community commercial areas. Mr. Brixius stated they examined the city's conditional use permit requirements and they made three suggestions. He stated that there should be a void date on any conditional use permit if the project did not proceed in a timely fashion. He noted they had outlined conditions under which an administrative extension could be granted and conditions under which a longer extension may be granted by Council. He suggested that on page seven an amendment section be added. He stated that the amendment section recognized that if there were a significant change to the character or physical composition or operation of the conditional use permit, an amendment might be required to bring that back into conformance with the code. On page eight they were recornmending a revocation provision, which in the event a conditional use permit was not following the original terms of approval, the City could initiate revocation and have the permit revoked. Mr. Brixius stated they reviewed the eight different site areas. Area A consisted of two lots that were approximately five acres each in size. He stated the land uses included a park, residential to the east, a clinic to the south and a large Community business district to the west. In examining the area, he stated they had concerns about traffic volumes on Hanson and access coming onto the sites via 139th Lane and a secondary street on the south side. Due to the proximity of the community commercial area they felt it would go beyond just a neighborhood business if it were retail or service industry. He felt this site should be rezoned to either a medium density residential or an office district. Councilmember Jacobson asked if they had any experience with having, a neighborhood business area down-zoned by not allowing a certain use in it that was previously allowed. Mr. Brixius stated that they did. Once the City had established the foundation in the Comprehensive Plan, the City had the opportunity to make its land use decisions to make changes that were consistent. He stated this would not preclude the city from being taken to court but would provide the foundation for the city's defense. Councilmember Orttel stated that things to look at would be if the business had precedence to continue in the area. Mr. Brixius stated that as a community changes and becomes older, so would the needs of the area change. Mr. Brixius stated that Area B consisted of two sites. One was 1.6 acres and the other was 1.4 acres. He stated that residential uses, multiple family and single family surrounded it. Commercial uses in the area were very limited in scope and the site was located away from areas that were currently zoned for community commercial. They were not suggesting any change in land use or zoning on the site. . Regular Andover City Council Meeting Minutes - February 19. 2002 Page 15 Mr. Brixius stated that Area C was 2.8 acres and single-family rural zoning and single family uses surrounded it. He stated the limited area brought up concerns as far as compatibility and access. He suggested that either the single-family land use zoning should remain or due to the limited size of the area, a medium density residential alternative be established.. Councilmember Trude asked if this would include multi-family or just single family. Mr. Brixius stated this would include town homes. Mr. Brixius stated area D was 5.2 acres in size and the surrounding land uses include a single family residential to the north, Fire Station to the east, multi-family development to the south with a wetland included and single family housing to the west. He stated most of the site was in a wetland, so there would not be much area for development and suggested this should be rezoned to M2 multi-family district. Mr. Brixius stated area E was 5.4 acres. He stated the land was predominately vacant at that point. He stated the future land uses called for single-family, multiple family with some commercial to the South. He suggested this remain a business district. Mr. Brixius stated area F was 7 acres. He stated the land use was currently rural residential with large lots. He recommended this should stay zoned as a neighborhood residential district. Mr. Brixius encouraged Council to move with the Comprehensive Plan changes. Councílmember Orttel asked if the same general procedure would be used to study other areas of the City. Mr. Brixius suggested defining the purpose of the neighborhood business, beef up criteria such as lighting, landscaping, buffering from residential areas, etc. He stated they had done this in other cornmunities. Councilmember Trude noted that some of the businesses attracted a lot of traffic to the area, and asked if this would this be at odds with the neighborhood businesses. Mr. Brixius stated that the Community business district in area A would have a higher traffic use. Councilmember Trude stated that they could not buffer a business with that much traffic. Councilmember Orttel stated the next step would be to go to the Planning Cornmission and ask them to look at this more thoroughly. Mr. Bednarz stated that their understanding was that the consultant would help them prepare the adjustments to the Comprehensive Plan, they would bring this to the Zoning Cornmission and get their feedback, and then it would go back to the Council. MOTION by Jacobson, seconded by Knight, to receive the Neighborhood Business StudylPresentation by NAC Planning Presentation. Motion carried unanimously. . - -..---. . " Regular Andover City Council Meeting Minutes - February 19, 2002 Page 16 SCHEDULE JOINT MEETING/AUTHORIZE CONSULTANT CONTRACT/SPORTS COMPLEX TASK FORCE City Administrator John Erar stated at the February 5, 2002 Council meeting, several dates were identified to hold a second Council workshop with the Sports Complex Task Force and discuss whether to proceed with hiring the firm of Saterbak and Associates to initiate a community planning study on fundraising potential for the proposed community center. Mr. Erar stated tentative dates for ajoint Council workshop with the Sports Complex Task Force (SCTF) to present a project performa and to discuss financing options have been narrowed to Thursday, March 14, 2002 at 7:00 p.m. In review of the consulting services proposal, the consultants had identified a plarming study process beginning with the creation of and meeting with an executive cornmittee. In this case, staff would suggest that the Council serve as the Executive Cornmittee, with the Finance Director and City Administrator serving as ex-officio members. Responsibilities of the Executive Cornmittee are outlined in the services proposal. Council may wish to discuss tentative dates for the first Executive Cornmittee Meeting. Mr. Erar stated the City Council would also be asked to appoint a Planning Study Committee that would be responsible for various planning study activities. He stated that in light of the responsibilities outlined in the services proposal and time frame parameters, Council might wish to consider appointing interested members of the Sports Complex Task Force, along with any interested members of the Council. The Executive Committee at their first meeting could make the appointment of Planning Study Committee members. A group of between seven to nine members would be desirable, with individuals who are well known in the cornmunity. Mr. Erar stated at the previously held joint workshop of January 30, 2002, residents who attended the meeting were provided with Citizen Comment Cards to ask questions regarding the proposed community center facility. Mr. Erar stated Saterbak and Associates was proposing a not-to-exceed consulting services fee of $21,500 for the preparation of the study. Mr. Erar stated that funding for this professional service would be available through the City's Capital Projects Fund. He stated that should the project proceed, staff would recommend that these costs become reimbursable to the originating funding source as a project cost. Mr. Erar stated Council action was requested on the scheduling of a joint workshop and authorizing the execution of the attached professional services contract. Councilmember Jacobson stated that any fundraising activity depended largely on the facility being built and that it would be logical to sit down and analyze what was in and what was out. .. - . . Regular Andover City Council Meeting Minutes - February 19, 2002 Page 17 He also stated that if they went with GO Bonds, they would need to have this in a general election. Mr. Erar stated that the first part of the fund raising effort was to find out what people in the Community favored most strongly. Dave Osmis stated that he put together the schedule which is tentative. He noted that a study consisted of gathering information and finding where the support was for a particular project. Mr. Erar felt the study would be important to Council for decision-making. Councilmember Knight asked how big a sample they would use. Mr. Osmis explained that they would identify the people they study by having the City pick a board who would pick the people to study. Councilmember Knight stated the committee identifies those people who are potential donors. Councilmember Trude felt the value of Saterbak's services would be invaluable to the City to find out what the residents want. Councilmember Jacobsonstated there were a number of people in the Community that thought the Council was going to be building a Cornmunity Center. He wanted to make it clear that this was just a study and that the City would not be building a facility at this time. He stated he would not approve this unless it was presented at a general election, not a special election. Councilmember Orttel stated this would not be finished until the year 2004 and that he was interested in what the study would show. Mayor Gamache stated his goal would be to receive the study in April and before May they should have a public hearing. Councilmember Jacobson stated that if they get to the end of the study and it was scrubbed, the City would still owe the money to Saterbak and Associates. Mr. Erar stated that there was always a risk they take with this kind of project. He stated that was what the first part of the study was for. Mr. Osmis stated they had never had a project that was not completed. MOTION by Trude, Seconded by Jacobson, to approve Item No. 28 (Schedule Joint Meeting/Authorize Consultant Contract/Sports Complex Task Force for Thursday, March 14, 2002 at 6:30 pm). Motion carried unanimously. Mr. Erar stated that the Council would serve as the executive committee on the project and they would appoint members of the planning committee. MOTION by Trude, Seconded by Orttel, to appoint the City Council to serve as the executive committee with Saterbak and Associates. Motion carried unanimously. RECEIVE WATER TREATMENT PLANT ARCHITECTURAL DESIGN ELEMENTS/99-15 . . Regular Andover City Council Meeting Minutes - February 19, 2002 Page 18 Consulting engineers, John Peterson and Mike Fisher, Bolton & Menk, Inc. and architects, LHB Architects, presented to the Council the architectural elevations for the new Water Treatment Plan. Councilmember Trude questioned the use of the ancí1lary building. Mr. Erickson stated that it would house some public vehicles, covered parking, and storage. Mr. Peterson noted that there would be limited chemical storageand the building would have security. Mr. Fisher explained that the wings on the building were to allow diffused light to enter the building. Mr. Peterson showed the model of the building to the Council and public. DISCUSS ORDINANCE AMENDMENT/REQUIRE STORM SHELTERS IN NEW RESIDENTIAL STRUCTURES WITHOUT BASEMENTS MOTION by Trude, Seconded by Orttel to table Item No. 27, (Discuss Ordinance AmendmentlRequire Storm Shelters in New Residential Structures Without Basements) until the next City Council Meeting. Motion carried unanimously. SCHEDULE COUNCIL WORKSHOP/ROUND LAKE BOULEVARD-ANDOVER BOULEVARD The City Council was requested to select a date for a Council workshop to discuss both Round Lake Boulevard NW and the future aligrunent of Andover Boulevard NW. The suggested workshop dates were: 7:00 p.m., Wednesday, February 27th at 7:00 p.m., Wednesday, March 13th. Mr. Erar stated that on March 12'\ there was only one item on the agenda and maybe they could add this to that agenda. Mr. Erickson stated he would confirm that date with the County. Council decided on March 12th for the Round Lake Boulevard-Andover Boulevard Workshop meeting. SCHEDULE EDA MEETING City Administrator John Erar asked Council schedule an Economic Development Authority meeting to continue planning discussions on the WDE site, and discuss other related economic Issues. MOTION by Trude, Seconded by Orttel, to approve Item No. 30 (Schedule EDA Meeting on March 6th at 5:45 p.m.). Motion carried unanimously. . - Regular Andover City Council Meeting Minutes - February 19, 2002 Page 19 MAYOR/COUNCIL INPUT (March 22, 2002, Friday morning, Youth First Mayors Breakfast) - Mayor Gamache stated the City was donating several tables so if anyone would want to stop by they would be more than welcome. (Train crossing on Bunlœr Lalœ Boulevard) - Councilmember Knight stated there was a problem with the trains stopping traffic during rush hour. He stated something needed to be done to break up the congestion. He suggested that they discuss this at a future Council meeting. (People organizing youth programs for Football) - Councilmember Trude stated that people were organizing football teams in Andover because there are none and she stated that Anoka had stated they were no longer welcome in Anoka. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Jacobson, approval of the Claims. Motion carried unanimously. MOTION by Orttel, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :25 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary .