HomeMy WebLinkAboutCC March 6, 2002
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
Regular City Council Meeting - Wednesday, March 6, 2002
Special Economic Development Authority Meeting - 5:45 PM
Call to Order - 7:00 PM
1. Resident Forum
2. Agenda Approval
3. Approval of Minutes (2/19/02) (2/20/02)
Consent Items
4. Order Plans & Specs/02-I/Hidden Creek East Park/2002 CIP - Engineering
5. Adopt Assessment RolllWaive Public HearinglOI-20/Devonshire Estates - Engineering
6. Approve Hiring of Consultant/O 1-18fTransportation Plan - Engineering
7. Accept Petition for City Water/02-16/Quickstroms AdditionIWM - Engineering
8. Reduce Letter ofCreditJDeveloper's ImprovementslDevonshire Estates - Engineering·
9. Approve No Parking Resolution "Special Events"/Fox Hollow Neighborhood - Engineering
10. Approve Plans & Specsl02-14/2002 Overlays/2002 CIP - Engineering
II. Declare Cost/Order Assessment RolJ/OO-37fTownhomes of Woodland Creek - Engineering
12. Consider Amendment to Ordinance No. 258/Lawful Gambling - Clerk
13. Reset Public Hearing DatelOI-25/Buttemut St. NW, 173m Ave. NW & Flintwood St. NW -Engineering
14. Approve Audio Visual Improvement/City Council Chambers (Supplemental) -Administration
Discussion Items
IS. Discuss Ordinance AmendmentJRequire Storm Shelters in New Residential Structures
without Basements, Continued - Planning
16. Consider Ordinance AmendmentJPenalties for Water Restriction Policy Violators - Public Works
17. Consider Special Use Permit/Office Home Occupation in Accessory Structure at
3482 - 165'h Lane NW /Mark Hedin - Planning
18. Order Feasibility Report/Rum River Elementary School Trail SystemlOI-13/2002 CIP - Engineering
Staff Items
19. Schedule Council Goal-Setting Workshop Date - Administration
Mayor/Council
Payment of Claims
Adjournment
()In..U'"4~i 31 <¡ -0 a--
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -MARCH 6,2002
TABLE OF CONTENTS
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 1
APPROVAL OF MlNUTES...................................................................................................... 1
CONSENT ITEMS
Resolution R034-02 Adopt Assessment RolllWaive Public HearinglOI-20/Devonshire
Estates............................................................................................................................. 2
Approve Hiring of Consultant/01-18/Transportation Plan .................................................. 2
Resolution R035-02 Accept Petition for City Water/02-16/Quickstroms AdditionIWM... 2
Reduce Letter of CreditlDeveloper's lmprovements/Devonshire Estates ........................... 2
Resolution R036-02 Approve Plans and Specs/02-14/2002 Overlays/2002 CIP ................ 2
--. Resolution R037-02 Declare Cost/Assessment Roll/00-37/Townhomes of Woodland
Creek ........................................................................................................................ ....... 2
Resolution R038-02 Reset Public Hearing Date/01-25/Butternut Street N.W.,
I73rd Avenue N.W. and Flintwood Street N.W. ............................................................. 2
Approve Audio Visual Improvements/City Council Chambers .......................................... 2
CONSIDER SPECIAL USE PERMIT/OFFICE HOME OCCUPATION IN ACCESSORY
STRUCTURE AT 3482-l65TH LANE NWIMARK HEDIN
Motion to approve (Res. ..039-02)...................................................................................... 3
ORDER PLANS AND SPECS/02-1/HIDDEN CREEK EAST PARKI2002CIP (Res. 040-02)
....................................................................................................................................................4
RESOLUTION R041-02 APPROVE NO PARKING RESOLUTION "SPECIAL EVENTS"/
FOX HOLLOW NEIGHBORHOOD
Motion to approve............... ................................................................. .......................... ....... 5
CONSIDER AMENDMENT TO ORDINANCE 258/LA WFUL GAMBLING
Motion to approve (Ordinance 258B)................................................................................... 6
DISCUSS ORDINANCE AMENDMENTIREQUIRE STORM SHELTERS IN NEW
RESIDENTIAL STRUCTURES WITHOUT BASEMENTS, CONTINUED
Ordinance to require storm shelters in new residential structures without
basements ............................................................................................. ................................. 6
CONSIDER ORDINANCE AMENDMENTIPENALTIES FOR WATER RESTRICTION
POLICY VIOLATORS
Motion to approve............................................................................ .............................. ....... 7
ORDER FEASBILITY REPORTIRUM RNER ELEMENTARY SCHOOL TRAIL
SYSTEMlOl-l3/2002 CIP
Motion to approve (Res. 042-02).........................................................................................8
SCHEDULE 2002 COUNCIL GOAL-SETTING WORKSHOP
Motion to approve.............. .................................................................. .......................... ....... 9
SCHEDULE JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION.. 10
Regular Andover City Council Meeting Minutes -December 18,2001
Table of Contents
Page ii
CONSIDER MIGHTY DUCKS GRANT APPLICATION
Motion to approve (Res. 043-02)......................................................................................... 10
APPROVE AUDIO VISUAL IMPROVEMENT/CITY COUNCIL CHAMBERS.................. 10
MAYOR/COUNCIL INPUT
Boy Scout Meeting................................................................................................................ 11
Letter from Tom Durand....................................................................................................... 11
Oakview Pool........................................................................................................................ 11
Transportation Issues......................... ................................................................................... 11
Role of Park Board................................................................................................................ 11
Comprehensive Plan ............................................................................................................. 11
APPROVAL OF CLAIMS ........................................................................................................ 12
ADJOURNMENT...................................................................................................................... 12
.
CITY of ANDOVER
REGULAR ANDOVER CITY COUNCIL MEETING -MARCH 6,1001
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, March 6,2002,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Ken Orttel, and Julie Trude
CounciImember absent: Mike Knight
Also present: City Attorney, Wí11iam Hawkins
Fire Chief, Dan Winkel
City Engineer, Scott Erickson
City Finance Direêtof, Jim Dickinson
Community Development Director, Will Neumeister
City Administrator, John Erar
Others
RESIDENT FORUM
Samuel Kostich. Bov Scout Troop 678 - Stated they were at the meeting to work on Citizenship
Merit Badges. He stated there were seven scouts present to watch the meeting.
AGENDA APPROVAL
Add to the Agenda under Staff Items, Item 19a, (Schedule Joint Meeting with the Planning and
Zoning Cornmission); and Item 19b, (Consider Mighty Ducks Grant Application). Remove from
Consent Items for Discussion Items, Item 4, (Order Plans and Specs/02-1/Hidden Creek East
Parkl2002 CIP), Item 9, (Approve No Parking Resolution "Special Events"lFox Hollow
Neighborhood), and Item 12, (Consider Amendment to Ordinance No. 258/Lawful Gambling).
Move Item 17 to the first Discussion Item.
MOTION by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion
carried unanimously.
APPROVAL OF MINUTES
February 19,2002, Regular Meeting: Tabled.
February 20, 2002, Special Meeting with Anoka: Correct as amended.
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 2
Commissioner Trude stated she would like to table the approval of the Regular Meeting minutes
until they were at full Council and allow the City Attorney to review the portion of the meeting
regarding the lot split to accornmodate the person with the disability. She stated she was
uncomfortable with the fact there wasn't as much comment in the minutes as happened on the tape.
She thought Mr. Hawkins could look at that portion of the meeting because she wanted the legal
record of the minutes to be very detailed in that portion of the meeting in case this ever would come
up as a precedence for another lot split. She stated that as she looked at it, she remembered making a
cornment that the people seeking the lot split had a unique parcel, they had no neighbors that would
be adjacent to the new home, they had no driveway impacts, and they did not have valuation impacts.
There were some unique features about the lot besides the disability side of it. She stated she
wanted the City Attorney to look over that portion ofthe meeting to make sure they did not want to
have more detail in the written record in case it would ever be brought up.
Councilmember Jacohson stated he had a question on the February 20,2002 Special Meeting. The
very last sentence of the meeting minutes stated "Follow up action by the two City Officials was
requested would be handled in the next two weeks." He stated they had asked Mr. Erar and his
counterpart with the City of Anoka to get them a meeting with the School Board or Officials and the
minutes did not state that. Mr. Erar stated that he did trade message with Roger Giroux and he was
supposed to get back to him with some meeting dates and he had not heard from him ~et.
MOTION by Trude, Seconded by Jacobson, to table the Minutes of February 19,2002. Motion
carried unanimously.
MOTION by Jacobson, Seconded by Trude, to approve the Minutes of February 20, 2002 as
amended above. Motion carried unanimously.
CONSENT ITEMS
Item 5 Adopt Assessment Rol1lWaive Public Hearing/OI-20/Devonshire Estates (See
Resolution R034-02)
Item 6 Approve Hiring of Consultant/O 1-18ffransportation Plan
Item 7 Accept Petition for City Water/02-16/Quickstroms AdditionIWM (See Resolution
R035-02)
Item 8 Reduce Letter of CreditlDeveloper' s Improvements/Devonshire Estates
Item 10 Approve Plans and Specsl02-14/2002 Overlays/2002 CIP (See Resolution R036-02)
Item 11 Declare Cost/Order Assessment Roll/00-37ffownhomes of Woodland Creek (See
Resolution R037-02)
Item 13 Reset Public Hearing Date/01-25/Butternut Street N.W., 173rd Avenue N.W. and
Flintwood Street N.W. (See Resolution R038-02)
Item 14 Approve Audio Visual Improvement/City Council Chambers
MOTION by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion
carried unanimously.
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 3
CONSIDER SPECIAL USE PERMIT/OFFICE HOME OCCUPATION IN ACCESSORY
STRUCTURE AT 3482-l6STH LANE NW/MARK HEDIN
Community Development Director Will Neumeister stated the applicant was seeking approval for a
home occupation permit to operate a professional office out of a proposed detached accessory
building on the subject property. The applicant had indicated the building would be finished to
match the exterior of the existing house.
Mayor Gamache apologized and stated he wanted to have Mr. Erar introduce Mr. Neumeister. Mr.
Erar introduced Mr. Neumeister as the new Community Development Director for the City of
Andover and discussed his background.
-
Councilmember Jacobson asked what kind of business it was and did it require restrooms because it
was a separate building. Mr. Hedin stated that his occupation was a Professional Investment Planner
and bathrooms were not mandatory according to the building inspector. Mr. Neumeister stated he
had not investigated it but he assumed this would have shown up in the staff review if there was a
problem and it was not in their report. He stated having a bathroom in the building was not a
requirement as far as he knew.
Councilmember Orttel stated he was curious on the Ordinance under Section Two where it stated
"Home Occupations Located in an Accessory Structure..." "A Special Use Permit shall be required
for the following home occupation... ". Mr. Orttel stated that this was not one of the occupations so
he wondered why he needed to apply. Councilmember Trude stated that the wording was vague.
Councilmember Orttel stated that if they went to Section B, it stated, "All home occupations which
conform to all of the following provisions may be conducted entirely within the principal structure.
Home occupations shall not be conducted in a garage or accessory building unless the property
owner conducting the home occupation has obtained a Special Use Permit as stated in Section
4.30(B)(2) or has obtained a Special Home Occupation Permit as stated in Section 4.30(B)(3)."
Mr. Erar stated that if they would go to the bottom of the page to item number three "Non-
Conforming Home Occupations. All residents that are conducting a home occupation or business
that does not conform to the standards stated in Section 4.30(B)(I) and (2) and have conducted such
business at their residence in the City prior to May 15, 1990 are required to make application for a
Special Home Occupation Permit and shall comply with the following conditions...".
Councilmember Orttel stated he did not understand this because it looked like that was not allowed
under the ordinance.
Mr. Neumeister stated that B (1) pertained to generally permitted home occupations, number 2 was
dealing with what was listed in a-d but then it had qualifiers. They would have to maintain the
minimums below it so there was some distinction between the number one group and the number
.
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 4
two group. Councilmember Orttel stated those had special provisions. He asked if nurnber one
required a special use permit. Mr. Hedin stated it did.
Councilmember Trude stated another question some of the residents watching might have was what
kind of signage did a home occupation have. She stated she believed there was a limit in the sign
ordinance that was something in the order of one foot by two feet. Mr. Neumeister stated that he
believed it was a very small sign.
Motion by Jacobson, Seconded by Trude, to approve Item No. 17 (Special Use Permit/Office Home
Occupation in Accessory Structure at 3482_165th Lane NW /Mark Hedin - See Resolution R039-02).
Motion carried unanimously.
ORDER PLANS AND SPECS/02-1/HIDDEN CREEK EAST PARK/2002 CIP
Councilmember Trude stated that she asked to have this pulled because she wanted a little
explanation as to what was going to happen with Hidden Creek Park for the residents watching. Mr.
Erickson showed a map of Hidden Creek Park. Councilmember Trude asked ifthere was a way to
connect the park with 133,-d Lane so the residents on that street could have access to the park. She
stated it did not appear that there was an easy way to access the park. She asked if staff could
investigate it. Mr. Erickson stated that he was not aware of any trail easements going between any of
the lots through that area but right now they do go to the East. He stated there was a trail connection
on Jay Street and the plan was to put a trail on Cornmercial Boulevard so there would be an
opportunity to get into the park from the surrounding neighborhood.
Councilmember Orttel stated that the idea was to keep this out ofthe residential neighborhood and it
would be self-contained with its own amenities. Councilmember Trude stated that townhome
owners have as much right as anyone else to use City parks. She asked Mr. Erickson to show the
proposed amenities. Mr. Erickson stated they were looking to add two small soccer fields, some
playground equipment for all ages of children, improving the parking lot and some new trail
connections to the adjacent neighborhood so they would have some good pedestrian access into the
park. He stated that would be a good improvement and some nice amenities to the park.
Councilmember Orttel stated he would like to make a comment regarding this park. He stated this
was like a poster child on the wrong way to do a park development because the residents had been
there for twelve years surrounding the park asking for something to be done with it and they had
nothing and it was totally developed back then. He stated that it really is a benefit to do the parks at
the same time as development when the money is there for it.
MOTION by Trude, Seconded by Jacobson, to approve Item No.4 (Order Plans and Specs/02-
l/Hidden Creek East Park/2002 CIP) See Resolution 040-02. Motion approved unanimously.
.
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 5
APPROVE NO PARKING RESOLUTION "SPECIAL E VENTS ''/FOX HOLLOW
NEIGHBORHOOD
Councilmember Trude stated she wanted this pulled because the residents wanted to include no
parking signs during the Andover Fun Fest. She stated that during the parade there would probably
be some people parking near these homes for about an hour and a halfbecause of the small children
wanting to see the parade. She stated that most parking would be funneled into the City Hall parking
areas and the school parking areas. She stated that when the City is having their own community
celebration, they should not have to display no parking signs. She recommended adopting the
resolution and deleting the item of no parking during the Fun Fest. Mayor Gamache stated he agreed
because one of his issues was that they would have people parking in other neighborhoods during the
parade and why have one neighborhood different than the rest.
Councilmember Trude asked if there would be temporary signs or permanent signs. Mr. Erickson
stated that they would be temporary signs with dates of the events displayed and then taken down
after the event was over.
Mr. Erar stated this sets a precedence with other neighborhoods who may have similar requests and
once the requests come in, it would be a progressive burden on the Public Works staff to put in as
well as take out the signs. He stated that all City streets were public streets and everyone paid the
taxes on these streets. They have an enforcement issue and a workload issue with staff running out
to various neighborhoods trying to accommodate the requests and they could get into a situation
where it would become overwhelming.
Councilmember Jacobson stated if there were certain areas of the City that were impacted by certain
events, then the City should improve the situation for them if possible.
Councilmember Orttel stated that once the high school opens there would be a problem with parking
in that area. He stated he did not like the idea oftemporary signs. He would like a permanent sign
stating no parking during events.
Mayor Gamache asked Mr. Erar if they were still waiting for the school to give the City their
transportation plan. Mr. Erar stated engineering had been working with the school district and they
had been waiting for their traffic management plans to come forward. He stated as soon as they
receive it they would review it and engineering would make some assessment as to how the plan
worked.
Councilmember Trude stated this resolution would be only for 2002 and they would see how this
works out for future use.
MOTION by Trude, Seconded by Orttel, to Approve Item No.9 (No Parking Resolution "Special
Events"/Fox Hollow Neighborhood) (See Resolution No. R041-02-02) as amended deleting Friday,
June 28th and Saturday, June 29th, Andover Fun Fest. Motion approved 3-1 (Jacobson opposed).
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 6
CONSIDER AMENDMENT TO ORDINANCE 2581LAWFUL GAMBLING
Councilmember Jacobson stated that he asked to have this item pulled so he could vote against it.
MOTION by Trude, Seconded by Orttel, to Approve Item No. 12 (Consider Amendment to
Ordinance 258/Lawful Gambling). (See Ordinance 258B) Motion approved 3-1 (Jacobson
opposed).
DISCUSS ORDINANCE AMENDMENT/REQUIRE STORM SHELTERS IN NEW
RESIDENTIAL STRUCTURES WITHOUT BASEMENTS, CONTINUED
-
It was noted the City Council had asked staff to explore zoning regulations that would require shelter
from severe weather to be provided in all residential developments.
It was noted the City Attorney had provided an opinion that the City could require safe rooms in the
zoning ordinance without conflicting with the building code at this time. It was noted there might be
legislation in the future that further restricts local zoning controls that would cause the City to repeal
this ordinance.
\( was noted that if approved, this ordinance provision would not affect projects already under
review by the City. It was noted that safe rooms could be required of any project that received
planned unit development review.
City Council was asked to discuss the ordinance amendment and determine if the proposed
amendment was acceptable.
Councilmember Orttel stated that he had serious concerns and would like to wait to discuss this
when Councilmember Knight was present. He stated that when they look to the Federal Govermnent
to make a standard for a storm shelter, they come up with a solid concrete encased structure that no
house anywhere has. Councilmember Trude stated she was concerned with the cost.
Mr. Erar stated that he did talk to Councilmember Knight and he indicated he would be interested in
something like this but he was open to other ideas. Councilmember Knight stated to Mr. Erar that he
was concerned with the cost.
Fire Chief Winkel stated that he would be interested in a shelter like this because if a storm took a
house down, the fire department would know where to look for the people in the house. He stated
he would encourage the Council to consider this even though it was expensive and he would like to
see this advertised as a positive thing instead ofa negative thing. He cornmented that when it came
to lives, how could they put a price on a life and say a shelter would be too expensive to build.
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 7
Councilmember Jacobson stated that they could have one storm shelter in a group of homes that the
residents could share. Councilmember Orttel stated that requiring an SxS foot room would be too
large and if a group oftownhomes shared a storm shelter then what would happen ifthe person with
the storm shelter would not be home when there would be a severe storm. Everyone in the group
would need a key to that person's home. He stated that each home should have a concrete closet
with enough room for two people. He stated that what he did not understand was why sprinkler
systems were not required in homes when there are more homes with fires than being destroyed by
severe storms.
CounciImember Jacobson stated that when you have a slab on grade home, there is no protection
from severe weather at all.
Councilmember Trude stated she thought they should hold this over until Councilmember Knight
was there. She stated that there should be one party room/storm shelter per development.
Councilmember Orttel stated the State had a very stringent building code and he did not think that
they should mess with it locally. Mayor Gamache stated that Lakeville was the only city in
Minnesota to require shelters for townhomes, not single-family homes.
Mr. Erar brought up the fact that their building official made a suggestion regarding the optional plan
and he wanted to know if the Council was interested in looking at that at the next meeting.
MOTION by Jacobson, Seconded by Trude, to hold Item No. 15 (Discuss Ordinance
AmendmentJRequire Storm Shelters in New Residential Structures without Basements) until the next
City Council Meeting when full Council would be present. Motion carried unanimously.
CONSIDER ORDINANCE AMENDMENT/PENALTIES FOR WATER RESTRICTION
POLICY VIOLATORS
Mr. Kraabel, Public Works Supervisor, reviewed the Ordinance AmendmentlPenalties for water
restrictions. He stated that they had an appropriation permit ITom the DNR for SOO,OOO,OOO gallons a
year and in 2001 they pumped roughly 794,000,000 gallons. He had requested from the DNR an
increase to the appropriation permit to 1.1 billion gallons over the next five years. He had not yet
heard from the DNR.
Councilmember Trude stated she lived in an area where there were sprinkler systems and people
were getting fined because they did not have time to adjust their systems for the odd/odd days back
to back. She stated that they were also getting people who were new to the area and the new
residents did not realize the watering needs the soil required in Andover. Mr. Kraabel stated that
they had people going out in the morning, afternoon and evening and randomly picking
neighborhoods. He stated the City did hand out packets to new residents with the rules and
regulations in them. He stated they had gone back into the records and the same violators were
breaking the restrictions. He stated that fifty percent of the water goes to water lawns.
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 8
Councilmember Trude stated the first penalty should be a warning, the second $50.00, the third
$100.00, and then have the City Attorney notified. She stated she did not objectto the fines but she
thought that the majority of the violators were new homeowners who did not know the rules. Mr.
Kraabel stated that the majority of the violators were people who had lived in the City for many
years.
Mayor Gamache stated that he looked at the survey of other cities and he agreed with
Councilmember Trude to increase the second and third fines and still keep the first violation a
warmng.
Councilmember Jacobson stated he supported this item with one change. He suggested that the
month of May would be a warning. He stated not to change anything except the first penalty would
be a warning; the second penalty would be $1 OO.Oo...Councilmember Trude stated she opposed this
because it would quadruple the penalty from $25.00 to $100.00.
Councilmember Trude stated she would not support going to $100.00 after the first penalty. She
would prefer to use the schedule where the suggested penalties for the month of May would be
changed for the entire water season because they were already doubling the fine. She could not see
them quadrupling the fine.
Councilmember Orttel stated there was a bigger issue with the City running out of water.
Councilmember Trude stated she did not read this anywhere in the notes. Mr. Kraabel stated they
did run out of water in the tanks a few years ago for seven days and a full ban was imposed on the
City.
Councilmember Trude stated that if they had certain offenders, those are the ones that the City
should go after.
Mr. Erar stated the item would be placed on the March 19 agenda.
MOTIONby Jacobson, Seconded by Orttel, to approve Item No. 16 (Approve Changes to the Water
Restriction Penalties - See Ordinance 55) as wriUcm.. Motion carried 3-1 (Councilmember Trude
opposed). (...:J MUiI.il.v
Wì'\\X,l;.~t 3 -1'\-6;1-
ORDER FEASIBILITY REPORT/RUM RIVER ELEMENTARY SCHOOL TRAILSYSTEM/01-
1312002 CIP
It was noted this item was in regard to requesting the City Council to order a feasibility report for
potential bikeway/walkway trails in the area of the Rum River Elementary School to provide a safe
route from the adjacent neighborhoods to the new school, Project 01-13. It was noted the project
was identified in the 2002 CIP and was proposed to be funded by the Trail Fund.
-
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 9
Mr. Erickson reviewed the trail system map with the City Council. Councilmember Trude asked if
they wanted to go that far down Verdin. She stated that residents would like to see some trails on the
East side of Hanson so the kids would not run across Hanson to the schools. She stated she was
thinking about their limited funds and where they really need the trails.
Councilmember Orttel stated this issue was brought up before the School District stated there would
be no busing in the area for the children. Councilmember Trude stated they needed to add to a future
meeting agenda the issue of school crossing signs. She thought they should be added to all school
zones.
Mayor Gamache asked Mr. Erickson if a trail across the wetland required a boardwalk. Mr. Erickson
stated that it would. Mayor Gamache stated he was not as concerned about the Western trail as he
was about the Southern trail. He stated that he would like Staff to look into the cost and options of
the trail systems. Councilmember Trude stated that she would not want the children to have to cross
a boardwalk to get to the schools.
Councilmember Trude stated, for the record, that this was now entirely in the City Council's hands
and the Park Commission had no further role in this. Councilmember Trude stated that there was
some confusion and concern as to who controlled the trail funds. Mr. Erar stated that the Park and
Recreation Cornmission made recommendations on the use of the trail funds but they were always
subject to City Council approval.
MOTION by Jacobson, Seconded by Orttel, to approve Item No. 18 (Order Feasibility ReportlRum
River Elementary School Trail SystemlOI-13/2002 CIP - See Resolution R042-02). Motion carried
unanimously.
SCHEDULE 1002 COUNCIL GOAL-SETTING WORKSHOP
Mr. Erar stated the opportunity to meet with Council annually to discuss a broad range of City issues
affecting the delivery of government services, policy or legislative matters affecting City operations,
special initiatives or proj ects. Mr. Erar stated the suggested ITamework for this work session would
be two-four sessions to discuss, explore, establish and prioritize a number of possible objectives and
goals for Council consideration.
Mr. Erar stated Council was respectfully requested to approve Wednesday, April 17 and Thursday,
April 18 to hold two 4-hour sessions beginning at 4:00 p.m. and ending at 8:00 p.m.
MOTION by Jacobson, Seconded by Orttel, to approve Item No. 19 (Schedule a Goal-Setting
Workshop for Wednesday, April 17 and Thursday, April 18 at 5:00 p.m.). Motion carried
unanimously.
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 10
SCHEDULE JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION
It was noted that a date was tentatively set for Thursday, March 21 at 7 :00 p.m. in conference room
A.
MOTION by Trude, Seconded by Jacobson, to Schedule Item No. 19a (Joint Meeting with the
Planning and Zoning Commission). Motion carried unanimously.
CONSIDER MIGHTY DUCKS GRANT APPLICATION
Councilmember Trude stated there was one remaining grant carried over from 1998 and she thought
the City should apply for this because of the new school and organizations being developed in
Andover. -
Councilmember Jacobson stated that in the Resolution, it stated the City would agree to own and
assume one hundred percent of the operational costs for said sports facility and would operate the
facility for that purpose for an estimated twenty years. He stated that he would strongly object to
that language. Mr. Erar stated that this was the Resolution that was downloaded directly from their
site and it was the form they were recornmending.
Mr. Erar stated that the City would provide the land for the facility and so the City would own it.
Councilmember Jacobson asked if there was an option to take the paragraph out. Mr. Erar stated
that this was what was downloaded from the site except for the items underlined, those were the only
areas they would have some discretion on.
Councilmember Jacobson noted that it stated they could not close the facility down after seven years
if it did not work out; it would need to be open and run for twenty years. Mr. Erar stated that the cost
of the facility was consistent with what some of the other cities were proposing.
Councilmember Trude stated they should have the City Attorney look at the wording and see if there
was anything that needed to be changed.
MOTION by Trude, Seconded by Orttel, to approve Item No. 19b (Consider Mighty Ducks Grant
Application). Motion approved 3-1 (Councilmember Jacobson objected).
APPROVE AUDIO VISUAL IMPROVEMENT/CITY COUNCIL CHAMBERS
Mr. Erar stated that he knew this item was in the consent item approval but he wanted to show
this to the City Council. He reviewed the layout, changes and additions for the City Council
Chambers.
.
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 11
Councilmember Jacobson stated that when they looked at the projected dollar figures, this did
not include installation, which could be a significant amount but they would bid this out.
Councilmember Trude stated the money for this would come from cable fees, not tax dollars.
MAYOR/COUNCIL INPUT
(Boy Scout Meeting) - Mayor Gamache stated that last Tuesday he went to the Boy Scout meeting
where they gave Mel Annerud a proclamation making it Mel Annerud Day because he was stepping
down as leader ofthe pack. Mayor Gamache stated the Boy Scouts had worked with Ham Lake on
various projects and he would like the staff to talk to the Park Department on putting together some
plans for the Boy Scouts to work on for the City. Councilmember Trude stated that Ham Lake had
benefited from the Andover Boy Scouts in the past. Mr. Erar stated he would talk to the Park
Department regarding this.
(Letter from Tom Durand) - Mayor Gamache had a concern regarding the letter from Tom Durand
regarding the ball fields and non-school activities. He wanted to know if the City had been
contacted regarding the budget cuts to the ball fields. He stated the deal the City cut with them was
that the City was going to take care of the ball fields on the other side of the school as ofJune 1. Mr.
Erar stated this would not affect them if the City owned the ball fields.
(Oakview Pool) - Councilmember Trude stated that the Oak View pool would be put out of
commission and there would not be any swimming lessons after the season in the Anoka- Hennepin
School District. Councilmember Trude stated that they needed to look at how the funds would be
used for Community Education.
(Transportation Issues) - Councilmember Trude stated the School District was strictly going by the
two-mile rule. She had talked with the State Officials about changing the law and she did not know
what was going to happen. She thought that each family would need to make decisions on their own
and that the City Council had advocated the best they could at this level. It was not a decision they
had any part in.
(Role of Park Board) - Councilmember Trude stated they needed to put this on the Council
workshop meeting next week as their third item - the relative roles of the Park Board.
(Comprehensive Plan) - Councilmember Jacobson asked Attorney Hawkins if once they go to the
1,000 acres, the individuals that live on the land cannot subdivide. He wanted to know if the City
had the legal right to freeze the land so the residents could not do any lot splits. He asked if the City
was taking away a right the residents had. Attorney Hawkins stated that he was talking about an
issue called regulatory takings and there was no vested right to zoning Of expected zoning as long as
the City would leave the residents with some reasonable use for their property and if there was some
basis on which the City imposed those regulations they would probably be enforceable.
.
·
Regular Andover City Council Meeting
Minutes - March 6, 2002
Page 12
APPROVAL OF CLAIMS
Motion by Jacobson, Seconded by Trude, for approval of Payment of Claims. Motion carried
unanimously.
Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:00 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
.- .