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HomeMy WebLinkAboutCC August 5, 2002 ~~ lJYLd:tu1 1, a.Ö DJ.. CITY OF ANDOVER t685 CROSSTOWN BOULEVARD N.W.' ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Monday, August 5, 2002 Call to order -' 7:00 PM Resident Forum - Party Permit Complaint/John ZilIhardt Agenda Approval 1. Approval of Minutes (7/16/02-Reg. CC Mtg.) (7/16/02-Spec. CC Mtg.) Consent Items 2. Approve Payment of Claims - Finance 3. Order Plans & Specs/99-14/Round Lake Boulevard Reconstruction (Sewer & Water Extension)/SS & WM - Engineering 4. Approve Tournament Application FonnINorth Suburban Mutual Aid Fire Tournament - TABLED 5. Accept Easement/OI-13Nerdin Street NW Bikeway/Walkway TraiV2477 - I 68th Lane NW - Engineering 6. Appoint Primary Election Judges - Clerk 7. Adopt Amendment/Ordinance 260IFee OrdinanceIFacility Use Fees - Clerk 8. Approve Amendment to Ordinance Ill, Lawn Establishment Ordinance--Planning 9. Consider Lot Split Request/14393 Osage Street NWrraylor Made Homes - Planning 10. Approve Resolution Accepting DonationlHidden Creek East Park - Engineering 11. Acknowledge Resignation/Public Works Department Employee - Administration Discussion Items 12. Consider Variance Denial/Mary Evers-Rystromll353 I 42"d Avenue SW, Continued-Planning 13. Consider Variance/14800 Prairie Road/Northern Natural Gas - Planning 14. Consider Amending Ordinance 8 and Ordinance 102-Regulating Compost Facilities - Planning 15. Consider Zoning AppeaVAndover Awards & Embroidery/3138 - 162" Lane NW - Planning 16. Resident Water Restriction Complaint-Warning Citation Appeal- Administration 17. Acknowledge Receipt of Letter from Pamela Westlund Regarding Rural Reserve - Planning Staff Items 18. Approve Development Contract Language Revisions, Continued - Planning 19. Receive Executive Summary/Rural Reserve Open House, Continued - Community Development 20. 2002 2"d Quarterly Financial Report, Continued - Finance 21. Acknowledge Customer Service Program - Administration 22. Schedule 2003 Budget Workshop - Administration Mavor/Council 23. Dissolution of the Sports Complex Task Force, Continued -Administration Adjournment -- -.-. ....--.-.. . - ~, . .1 .. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 5,1001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. I AGENDA APPROV AL.............................................................................................................2 APPROVAL OF MINUTES...................................................................................................... 2 CONSENT ITEMS Approving Payment of Claims........... ............ .... ........... .... ................ ....................... ............ 3 Resolution Rll4-02 Ordering Plans & Specs/99-l4/Rüunà LakE Boulev:lrd Reconstruction (Sewer & Water Extem;ons)/SS & WM ............................................... 3 Accept Easement/01-13Nerdin Street NW Bikeway/Walkway Trail/2477 - l681h Lane NW ..........,.............................................................................................................3 Resolution 115-02 Appointing Primary Election Judges ....................................................3 Adopt Amendment/Ordinance 260/Fee Ordinance/Facility Use Fees................................. 3 Resolution Rl16-OZ Consider Lot Split Request/14393 Osage Street NWrraylor Made Homes ............. '" .,. .......... .... ..... ....... ....... .......... ....... ..... .... ......... ..... .... ...... ..... '" .... ..... ...... 3 Res:Jlution Rl17 -02 Approving Resolution Accepting D::nation iJliddef! Creek East Park 3 Acknowledge Resignation - Public Works Departm~nt Employee ...................................3 APPROVE AMENDMENT TO ORDINANCE Ill, LAWN ESTABLISHMENT ORDINANCE Motion to approve........... ..... ...... .... ..... ................ ...... ... .......... ...... ......, ..., ... ....... ..... ......... .... 3 CONSIDER VARIANCE DENIAL/MARY EVERS-RYSTIWM/1353 1 42'D A VENUE SW, CONTINUED Resolution R118-OZ to adopt ................................................................................................4- CONSIDER V ARlANCE/14800 PRAIRIE ROAD/NORTHERN N ð,TURAL GAS Resolution Rl19-02 to adopt ................................................................................................ 5 CONSIDER AMENDING ORDINANCE 8 AND ORDINANCE 102 - REGULATING COMPOST F AClLITlES Ordinance 8 and Ordinance 102 to an1end...........................................................................5 CONSIDER ZONING APPEAL/ANDOVER A WARDS A ND EMBROIDERY /3138 - l62ND LANE NW Motion to approve... .... .... .,... ..... ...... ................ ...... ........... ....... .............. ..... ........... ... ...... .... ... 6 RESIDENT WATER RESTRICTION COMPLA[~T - WARNING ClTA TJON APPEAL Received....... ........ ...... .......... .., ....... ....... ...... ......... .... ... .... ....... .... "" ....................... ... ...... ....... 8 ACKNOWLEDGE RECEIPT OF LETTER FROM PAMELA WESTLUND REGARDING RURAL RESERVE Received...... ..... ......... ......... .... ..... ....... ........... ...., .... .... ... .............. ....................... ............ ....... 9 APPROVE DEVELOPMENT CONTRACT LANGUAGE P.:VISIONS, CONTINUED Motion to approve.... ... ............. ....... ....... ..... .......... ..... ...... .......... .... ............... ........ .... ..... ....... 10 RECEIVE EXECUTIVE SUMMARY /RURAL RESERVE OPEN HOUSE, CONTINUED Received...................................................... ........ ..,...... ....... ....................... ......................... 12 -..- ~-.- . --,--- - -.. ',j Regula¡· Andover City Council Meeting Minutcs - August 5, 2002 Tablc ofCol1tents Pageii 2002 2NO QUARTERLY FINANCIAL REPORT, CONTINUED Recd ved............................................................................................................................ .... 13 ACKNOWLEDGE CUSTOMER SERVICE PROGRAM Motion to acknowledgc...... ........ ..... ....... ....... ....... ........ .... ... ................. ... ....... .... ...... ... ... ....... 13 SCHEDULE 2003 BUDGET WORKSHOP .............................................................................14 MAYOR/COUNCIL INPUT Dissolution of the Sports Complex Task Force, Continued ................................................. 14 Received Letter from Mr. Patrick Robcrts and Ms. Mary Schulte Regarding Dirt Bikes on Property... ...... ........ ........ .... ....... ..... ....... .......... ..... ...... ....... ...... ..... ... .... ............... [5 Tha"lk Principal Jerry Anderson for High School Tour........................................................ 15 National Night Out........ .......... .... ........ .............. ...................... ......... .... ...... .... ............ ....... .... 15 Name Change to Commercial Boulevard ....................... ..... ............................................... 15 Water Tower .... '" ...... .... ..... ... ..... ... ..... .......... ................ ...... .... ...... ... .......... .... .... .............. ...... 15 Report trom State Auditor .................................................................................................... [5 Information on Anoka County Archery Deer Hcnting......................................................... 16 ADJOURNMENT .............................................. ................................................................. ....... 16 ._____ _... - -0-- __ . _.__~__ CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 5, 1002 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 5, 2002, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Ken Orttel Councilmember absent: Mike Knight, Julie Trude Also present: City Attorney, Barry Sullivan City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others RESIDENT FORUM Ms. Ann Wyack, l40lh Lane, presented a petition on behalf of over one hundred of her neighbors. She stated there was excessive vandalism in their neighborhood this past year and this past week her husband's truck was vandalized. A lot ofthe concerns have to do with the fact that there is not a lot of patrolling in the neighborhood. There has been more this past week because of the complaints. She stated it is important to encourage the police to patrol the area more and to enforce the curfew in the area. Ms. Wyack also stated there were not any streetlights in the area so it is very dark. One part of the . neighborhood petitioned about a year or two ago regarding getting more lights in the area and they were put in but not in her area, just the area that petitioned. She was told the lights were to deter the vandalism and it did in the area with the lights but the vandalism has moved to her area. She stated she is here to see what the City can do for them (Red Oaks Manor 3'd and 41h Additions). The neighborhood would like the lights so they can enjoy the neighborhood at night and deter the vandalism. Councilmember Orttel commented that they did install the lights in the one area of the neighborhood to deter the vandalism and at the time, it was explained the vandalism would move down to another area and it did. Councilmember Orttel asked if she knew who was starting the problems. Ms. Wyack stated she did know the people by name and many of them have records but no one is pursuing them because the kids have people backing them up with alibis and she does not know what to do. Councilmember Orttel stated they could look at the lighting again and also increase the patrols in the neighborhood. Councilmember Jacobson asked if they have a NeighborhoodWatch in the area. Ms. Wyack stated . . .. . .' . --.-. I Regular Andover City Council Meeting Minutes - August 5, 2002 Page 2 she was starting one. Mayor Gamache stated the Neighborhood Watch would help out along with National Night Out. He stated that the Council would be making their way around the neighborhoods on National Night Out to find out what is wrong and how things could be changed. Ms. Wyack stated the residents are also concerned with the new shopping center being built in the neighborhood and that a lot of people wilt be cutting across through their neighborhood to get to the shopping center and the traffic would increase and get out of control. She also explained that they were worried about the speed of the traffic in the neighborhood. Councilmember Orttel stated they should do a traffic study in the neighborhood. Ms. Wyack statcd there was talk about making a particular intersection a four way stop to slow down the traffic. She also mentioned there was talk awhile ago about putting in a divider to slow the traffi~ down and she asked if there was any possibility of putting dividers up to prohibit through traffic. Mayor Gamache stated they would need to review this. She gave the petition to the Council. Mr. Daniel Webber - 1566 140th Lane NW stated the reason he is here is a problem with his neighbor not having a grass yard and he wanted to know ¡fthe Council would propose an Ordinance for people who do not have lawns and do not fall into new construction under the new Ordinance. He stated his neighbor at 1568 l40th Lane has a yard full of weeds with no intention of putting in sod. He stated whenever the wind blows, the sand blows into his yard and when it rains, everything runs into the street. He wanted to know if the City could make the people who do not have lawns put them in. His suggestion would be to give them thirty days to put in a lawn or the City would come in and put it in and then assess them on their property tax. Mayor Gamache stated that was the reason they brought up this issue and they were looking into what could be done and made the changes to the Ordinance. He stated the Council could have the staff look into this and see what other cities are doing. Mr. Webber left pictures of the neighbor's yard with the Council. Party Permit Complaint/John Zilthardt- Mayor Gamache stated that Staff brought Ordinance 230 to the Council and in review, the Sheriff's Department handled this appropriately. AGENDA APPROVAL Add Item 6, (Supplemental). Remove from Consent Items for discussion Items 8, (Approve Amendment to Ordinance 111, Lawn Establishment Ordinance). MOTION by Jacobson, Seconded by Orttel, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES July 16, 2002, Regular Meeting: Correct as written. July 16. 2002, Special City Council Meeting: Correct as written. .~-- -..... - _.~ ,- . ~ _.~ -- . ---"" q Regular Andover City Council Meeting Minutes-August 5,2002 Page 3 MOTION by Jacobson, Seconded by Orttel, approval of July 16,2002, Regular Meeting Minutes as presented. Motion carried unanimously. MOTION by Jacobson, Seconded by Orttel, approval of July 16, 2002, Special City Council Meeting Minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Order Plans & Specs/99-14/Round Lake Boulevard Reconstruction (Sewer & Water Extensions)/SS & WM (See Resolution R114-02) Item 5 Accept Easement/01-13Nerdin Street;-'¡W BikewaylWalkway Traill2477 - 168'" Lane NW Item 6 Appoint Primary Election Judges (See Resolution 115-02) Item 7 Adopt Amendment/Ordinance 260/Fee Ordinance/Facility Use Fees Item 9 Consider Lot Split Request/14393 Osage Street NWrraylor Made Homes (See Resolution Rl16-02) Item 10 Approve Resolution Accepting Donation/Hidden Creek East Park (See Resolution R117-02) Item 11 Acknowledge Resignation-Public Works Department Employee MOTION by Jacobson, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE AMENDMENT TO ORDINANCE 111, LA WN ESTABLISHMENT ORDINANCE Council member Jacobson stated that whcn they approved this, they were going to have the front and side yard seeded or sodded and also 4 inches of organic material in the backyard and he did not see anything in the Ordinance regarding the backyards. Mr. Ncumeister stated in Section 3, it stated black dirt needed to be distributed over the entire yard. Councilmember Orttel stated they needed to be careful with this because some lots cannot be covered entirely with black dirt because of wetlands and other items. Councilmember Jacobson stated they needed to correct this section and he thought staff should go back and reword this to make it work. Mr. Erar stated the Ordinance could be amended as it stands and staff could come back with some amending language in regards to the backyard. He believed this only applied to the R4 zoning district. Councilmember Orttel stated they still had large lots where spreading black dirt over the entire yard would not be feasible. .- _... _h._' --'__.__0 - . :,1 Regular Andover City Council Meeting Minutes - August 5. 2002 Page 4 MOTION by Jacobson, Seconded by Orttel, approval of Item No. 8 (Approve Amendment to Ordinance Ill, Lawn Establishment Ordinance and have Staffbring back with revisionary language to incorporate into the Ordinance). Motion passed unanimously. CONSIDER VARIANCE DENIAL/MARY EVERS-RYSTROM/1353 142ND A VENUE Sw, CONTINUED Mr. Neumeister stated this variance was reviewed by the Andover Review Committee on June II, 2002, with recommendation of denial for the variance request. Staff was asked to explore possible findings to support the granting of the variance by the City Council on July 16, 2002. There were four possible findings that may be used in the granting of the variance. The first one was the undue hardship that should allow the granting of the variance relates to the curvature of the road creating additional setback for the structure. This preexisting condition is a special circumstance is a plight ofthe land and is not caused by the landowner. The second finding is the lot is extra deep compared to a standard lot depth. The third finding is a reduction in the comer side yard setbacks would not adversely affect the neighborhood aesthetic qualities. The fourth finding is building an addition off ofthe rear of the home would constitute a onerous burden on the property owners as compared to building off of the side yard. Mr. Erar stated the Planning Commission unanimously recommended to the City Council denial of the variance request. Council is asked to review the findings and determine whether the variance should be granted. In the event the Council does not agree with the findings, staff requests that the Council direct the staff to prepare a resolution of denial for variance. Mayor Gamache stated that he is comfortable with thi., because of the unique nature of the lot and the curvature of the road. He knows there are some concerns with doing this but the reason for having the side yard setback was to have the homes line up and the way the road curves, eliminates this issue. Councilmember Jacobson stated he looked into this further and he wondered why he agreed to vote for this because only number one is a hardship. He will still vote for it because he agreed to it to begin with but it is against his better judgment. Councilmember Orttel asked if this took a quorum or a majority. City Attorney Sullivan stated it did not need a majority. Councilmember Orttel stated the curvature of the road on a comer is not a hardship. He stated the proper way to change this is to change the Ordinance. The variance is the wrong vehicle to use in this type of thing. Mayor Gamache stated he would like to look further in the future regarding this Ordinance. MOTlONby Jacobson, Seconded by Gamache, to approve Item 12 (Consider Variance (02-05) for reduction to comer side yard setback at 1353 l42"d Avenue NW for Mary Evers-Rystrom and Dave - -,. .- .~--_... -~.- . -~-_.- "-- . !:-I " Regular Andover City Council Meeting Minutes - August 5. 2002. Page 5 Rystrom - See Resolution RI18-02). Motion carried 2 Ayes, 1 Nay (Orttel). CONSIDER VARIANCE/14800 PRAIRIE ROAD/NORTHERN NATURAL GAS Mr. Neumeister explained the applicant is requesting a variance to the front yard setback to locate an accessory building on the subject property. The structure would be used to odorize a branch of the natural gas pipeline that originates on the property. This project is intended to achieve compliance with recently changed federal regulations that require branch lines off of the natural gas system to be odorized. Mr. Neumeister stated a variance is necessary to loc<.te the proposed structure on the site and to allow the applicant to conform to federal regulations to odorize the pipeline. It has been the City's policy to minimize the amount and impact of variance. Staff requests the City Council approve the proposed variance to the rear yard setback. The location of the structure will be determined by the variance. The Commcrcial Site Plan process will facilitate the remainder of review for the proposed project. Mr. Neumeister stated there is one changc to this item. On the bottom of page four, they need to insert"... the impact of odor on surrounding residential and park properties". Councilmember Jacobson stated he was out to the property today and he was confused with the sketch of the proposed building. He asked ift'1e crosshatch aæa is where the building is going in. Mr. Neumeister stated this was correct. Council member Ortte] asked if they were going to move the fence. Mr. Neumeister stated they were. Mayor Gamache liked the idea of adding a park to the p<.rc~1. Councilmember Orttel asked how much odor would be coming out of this. Councilmember Jacobson stated that normally these are sealed so no odor should be coming out. MOTION by Orttel, Seconded by Jacobson, to approve Item No. 13 (Consider Variance/14800 prairie RoadINorthern Natural Gas- with addition to the Resolution, item 3- See Resolution R119- 02). Motion carried unanimously. CONSIDER AMENDING ORDINANCE 8 AND ORDINANCE 102 - REGULA TING COMPOST FACILITIES Mr. Neumeister explained to tighten the City's regulatory controls to prevent a compo sting facility (whether it be a commercial, industrial or institutional) from starting business in the City of Andover, the words "Composing Facility" should be added to the "Uses Prohibited" section of the -_._--~. .____..._.h._ o---____~_~_._. "1 \'" Regular Andover City Council Mecting Minutes -August 5,2002 Page 6 Zoning Ordinance. Also, a definition of "Compo sting Facility" (specifically indicating this includes commercial, industrial or institutional facilities of this type) should be added to the definitions section. Councilmember Jacobson stated he talked about it this morning with Mr. Neumeister and would like . - to get this on the record. He stated, "composting shall only be allowed where there is a single-family detached dwelling". An example of this is if someone had one hundred acres with a house and someone buys it and meets the right criteria of enough acreage and having a dwelling on it where a composting facility could be put on it. He stated staff told him this would not work because it outlaws a commercial, industrial or institutional facility, which would be governmental and does not meet the criteria. Mr. Neumeister stated that on page 5 ofthe report, item B2 states you can only have a compost not exceeding fifty (SO) square feet in area and shall not exceed three (3) feet in height. Mayor Gamache asked if they would run into the problem of the County Compost site being closed, could the City still have a compost transfer site. Mr. Neumeister stated he would need to defer this to City Attorney Sullivan because the wording allows the City to decide at what point they want to regulate and control recyclables and puts the City in thc position to make their own destiny. City Attorney Sullivan agreed. Councilmember Orttel asked if institutional covered government. City Attorney Sullivan stated that this is limited to individual property and excludes the government. He stated these materials are recyclable and how they are supposed to be handled and the State is supposed to come up with a plan so there is a chance that some other governmental institution would want to move the compost to the City, there could be an argument over it. MOTION by Jacobson, Seconded by Orttel, to approve Item No. 14 (Consider Amending Ordinance 8 and Ordinance 102 - Regulating Compost Facilities) with a change to Ordinance 8, section 3.02 definitions; after the word industrial place a comma and insert the word government and continue with the rest of the line and a change to Ordinance 102, section 3.02, should read ".. . fitly (50)square feet inat'@ area and...". Motion carried unanimously. CONSIDER ZONING APPEAVANDOVER AWARDS AND E/lfBROIDERY/3138 _162ND LANE NW Mr. Neumeister stated Andover Awards and Embroidery has submitted a commercial site plan application to open a new business in the community and provide site improvements to a vacant and dilapidated industrial property located at 3138 162"d Lane NW. The improvements include a hard surface parking area with concrete curb and gutter, sidewalks, lighting, landscaping and turf restoration, as well as construction of a new building and renovations to the existing structures. The Andover Review Committee has denied this request and is in favor of masonry construction for the new structure. - -~-- !~..__..._~~._ 0- ______.____ "I Regular Andover City Council Meeting Minutes - August 5. 2002 Page 7 Mr. Neumeister stated the Andover Review Committee has denied this request and is in favor of masonry construction for the new structure. Councilmember Orttel stated the owner was implying that they were not told until later in the process that a masonry building was required. Mr. Neumeister stated the letter spoke for itself and if they say they understood the City allowed wood construction, then that is probably how they interpreted it. The Ordinance is written to allow masonry unless otherwise approved and in discussions at the administrative level, staff has found two examples of wood frame structures in commercial districts and that was where adjoining areas were primarily residential. Councilmember Orttel asked if staff allowed businesses to expand with the same type of material simliarto what they already have. Mr. Neumeister stated this could be another reason but was not brought up as an example. Councilmember Orttel asked if the sentence in the report is correct stating "This Ordinance does allow the Andover Review Committee to accept wood frame construction provided walls of such buildings, facing on streets are finished with facc brick, stone, glass, wood or their aesthetic equivalent". Mr. Neumeister stated this was correct and it is a discretionary item depending on the surrounding area and the nature of the surrounding area. Mr. Erar stated the reason the item is before them is because there was an appeal to the City Council. He stated the item was discussed at the Andover Review Committee (ARC) and in order to advance the quality and characteristics that the Ordinance envisioned and by allowing wood frame construction does not further advance the visior, the Orèinance calls for. He stated masonry would be more beneficial to the area and by approving this the Council would be setting a precedent in the area which would allow other businesses to request the same thing. Mr. Neumeister stated that a business in the area had already requested building a wood frame building and was told they needed to build a masonry building Councilmember Orttel stated that the Ordinance implied that if they are not using masonry, to use brick or something to look like masonry. Councilmember Jacobson stated the new structure that is being proposed would fall under the masonry provision but the existing structure could be made to look like masonry. Mr. Zuleger showed the Council pictures ofthe site and explained what he would like to do with the existing building on the property. He stated that ifthey have to change plans now there would be a lot of money at issue. He stated early on everything was approved and then all of a sudden he was told there was an Ordinance regarding this. Councilmember Ortte1 stated he thought it went to the Plarning Department for the issue of use rather than for the technical part of how the building was going to be constructed. Mr. Zuleger stated he sat in multiple meetings with all the parties involved and everyone understood the plans and that he was adding onto the existing building and trying to make the aesthetics look all the same. -T'-- -.-... .h '.. . _.._-~ ,-. . Regular Andover City Council Meeting Minutes - August 5, 2002 Page 8 Councilmember Orttel asked if he planned to keep the same type of roof. Mr. Zuleger stated they roof would be different. Councilmember Jacobson asked if there were other issues with fire code and upgrades. Mr. Erar stated the plans would need to meet all the existing fire codes no matter what material is uscd. Mayor Gamache stated it would make sense to have this go back to the Review Committee. Councilmember Orttel stated this would hold it up further. Mr. Zuleger stated this is his business and he would like to keep moving forward on this. MOTION by Jacobson to approve Item No. 15 (Consider Zoning Appeal/Andover Awards & Embroidery/3138 -1620' Lane NW) Require the new structure to be masonry construction and allow the exterior of the existing structure to remain as it presently exists. Motion dies for lack of a second. Mayor Gamache stated he was originally going to agree with t~e Review Committee but he missed some information that made him change his mind regarding this. MOTION by Orttel, Seconded by Gamache, to approve Item No. 15 (Consider Zoning Appeal/ Andover Awards & Embroidery/3l38 - 1620' Lane NW) and allow the addition to the building to be a frame construction but to require that the existing building have face brick extending up to the level of the eave of the building on the north and the west sides and the north side of the new structure and the material on the new building would match the existing building. Motion carried on a 2 Ayes, 1 Nay (Jacobson) vote. RESIDENT WATER RESTRICTION COMPLAINT - WARNING CITATION APPEAL Mr. Erar stated Mr. Jeremie Ulness has submitted a complaint against the City originating from a warning citation issued by Utilities Supervisor Brian Kraabel. Mr. Ulness was issued a warning citation in violation of the City's water sprinkling Ordinance. In this particular instance, Mr. Kraabel observed Mr. Ulness's sprinklers in operation in violation of City Ordinance No. 55, Section 7(F). Mr. Erar explained Mr. Ulness has claimed that his system was inoperable during the time it was observed by Mr. Kraabel due to a faulty timer, and he beli~ves the warning should be rescinded for this reason. Further, Mr. Ulness claims that the customer service he received from City staffon this issue was, in his view, less than professional. Mr. Erar stated Mr. Ulness has requested that his appeal for the rescission of the warning citation be forwarded to the City Council for consideration. Councilmember Orttel stated the only issue that was unclear was the owner stated he could not have been watering because it was inoperable and Mr. Kraabel stated he did see the system working and . Regular Andover City Council Meeting Minutes - August 5, 2002 Page 9 the sprinkler company stated it could have been administered manually. Mr. Erar stated it was Council's decision to uphold staffs issuance of the warning citation or rescind the violation in consideration of Mr. Ulness' appeal. He stated there are others out there asking for consideration. Councilmember Jacobson stated that iftwo odd days occurred in a row, the system would need to be manually changed and they could have people stating this was the reason why the water was on when it should have been off. Mr. Erar stated what they are trying to do is give some consideration to the residents and staff is willing to do that. This has been reviewed at three different levels and Mr. Ulness has been offered the opportunity that one wa,'TIing citation be suspended and he declined it. Mayor Gamache stated they took a hard stand in June when they set the new regulations and they are talking about a situation that only involves a warning citation without a fine. He did not think anything should be changed. Councilmember Jacobson agreed. Councilmember Orttel stated there was an allegation regarding improper customer service and he understood this was being handled under another foru:n. City Attom~y Sullivan stated he reviewed the Ordinance and the question that came to mind regarding the Ordinance was the procedure people have to contest this. He stated people have some minimal due process right to have their grievance heard. Council might want to amend the Ordinance and have some sort of review process for people who want to appeal the citations. ACKNOWLEDGE RECEIPT OF LETTER FROM PAMELA WESTLUND REGARDING RURAL RESERVE Mr. Neumeister presented a letter from Pamela Westlund regarding Rural R~serve and stated she requested to be removed from the Rural Reserve area and VIas denied by the City Council on June 4, 2002. He suggested Council acknowledge receipt of letter from Pamela Westlund regarding removing a forty acre parcel from the rural reserve area, and reaffirm that the staff should not amend the Comprehensive Plan to expand the MUSA boundary for this parcel at this time. Councilmeinber Jacobson asked if it would be reasonable to go through with the plan first. Councilmember Orttel asked if this were to come in today for a preliminary plat for next year, could it be developed next year. Mr. Neumeister stated it would be for the year 2004. He stated there was another complication with the parcel in question. In ordôr to get sewer to the parcel it would need to come from the south and the area it would need to pass through is currently in Agricultural Preserve status and in ordcr to bring sewer to the area, they would need to pass through the Ag. Preserve area and the property is currently outside of the MUSA area. APPROVE DEVELOPMENT CONTRACT LANGU4GE REVISIONS. CONTINUED _... _~~._ .. _..,~ .'__0- ( ., Regular Andover City Council Meeting Minutes - August 5. 2002 Page 10 Mr. Neumeister explained a City Council Goal for 2002 is making appropriate revisions to the development contract. Both the "Developer Installed" and "City Installed" contract documents have been attached to this report. The report briefly summarizes the changes in the proposed development contract that were discussed at the Special City Council Meeting on June 26, 2002 and some issues that were brought up by developers on July 12,2002. Also needed are small changes to Section 10 of Ordinance 10. Staff met with developers on July 12,2002 to discuss the proposed revisions. There were issues that they wanted to discuss and have sent letters explaining their position on them. The first concern that the developers raised at that meeting was regarding the seeding/sodding requirements. The second major concern the developers has was related to the percent of surety that would be required. The proposed change is to increase it to one hundred-five percent. The third concern that was expressed at the meeting was in regard to thô Tree Ordinance (#214) that requires 2 y, inch diameter trees. They felt that the size should be set at I -Y. inches because they are having difficulty finding the larger diameter trees. The fourth concern was expressed by Mr. Westlund in his letter. He indicated that he felt these development contract changes should not apply to his plats that are in for rcview at the present time. The fifth concern related to the issue of a'lowing developers to install the public infrastructure improvements themselves. Councilmember Jacobson stated on page two of the developer's improvements under Section A, it states sodding the front yard but it did not mention the backyard. He asked ifthc sodding would be the developer's problem or the builder's problem. Mr. Neumeister stated on page two, this section pertains to the general mass site grading in article 2 section a. It primarily deals with setting up erosion control methods to ensure that during initial stag~s of development when mass grading is occurring that these items will be done axording to a grading, drainage and site plan. Councilmember Jacobson stated the developer would do the grading, seeding and sodding of the front and side yards. He stated this is more than erosion control and he did not think this should be the developer, it should be the builder. Mr. ErRr stated the Ordinance change was shifting tbe burden from the developer to the builder 2.S called for and req:Jested from th~ Council so they brought the Ordinance back and changed the rçsponsibili~y from the developer to the builder in the workshop they had a few weeks ago. Councilmember Jacobson stated that if the developer does what he is supposed to do and tells the builder, this should relieve him of any responsibility. Tt should be the builder who is required to perform. He stated the Ordinance is between the City and the developer, not the builder so if the developer has done everything he is supposed to do but the huilder doesn't do anything, how do they go back and get anybody. A line should he added stating it is the builder's responsibility to perform the seeding and sodding, not the developer. C()uncilmemher Orttel stated the seeding and sodding should be taken out of Section A, but the rest is all right. Mr. Erar stated on page three, if you insert the language, it is the developer's responsibility to notify the homeowners and if you take it out you lessen yon leverage to ensure compliance with the Ordinance. He stated the City's contract is with the developer not the builder. Councilmember ... '4___ . ___'.__ ___0_ ([ Regular Andover City Council Meeting Minutes - August 5. 2002 Page 11 Jacobson stated he did not have a problem with the notification process but they wanted to change everything to the builder and this does not state it. City Attorney Sullivan stated that if they delete the language regarding the seeding, then it is not required and may solve the problem. Mr. Erar stated they are not contradicting the previous section they are just saying it is the developer's responsibility to inform and they are trying to get as much leverage as they can in this contract. Councilmember Jacobson stated they did change something prior to the contracts. They required the developer to seed or sod the boulevard. Now they are saying the developer needs to do the front and side yare with seed or sod and the back yard with dirt. The question is who is responsible for doing this. The Council decided it would be the builder, not the developer's responsibility. Councilmember Orttel stated ifit is taken out o~Section A, it is no longerrequ:red but some of the items are required under the contract. Mr. Erar stated t!-le information important in this section is "Upon issuance ofa building permit for a lot, the Developer is responsible to notify the builders and individual owners with the development that thcy assume and are responsible for erosion control.. .". Councilmember Jacobson asked ifsod did not g,~t put in, who would be responsible. Mr. Erar statcd they would have to go to the builder and ask the develop~r to help them out on getting the builder to install the sod. He stated in Section A, seeding and sodding should be removed but under Seetion D, they are trying to encourage the developer to notify the builder that these things are required and they are not penalizing the developer. Councilmember Jacobson stated on page si); it states, ".. .one hundred fifty percent of the total estimated cost of Developer's Improvem~nts as indicated in Par'1graph N." S'10uld it be 105%" Mr. Erar stated this was the developer's installed i1rrrovem~nts, net the City's inr.talled improvements. Mr. Neumeister stated this was d.~veloper inr.talled a:1d has been that way fer a long time. It indicates this on page five. Council member Jacobson stated on page ele'len, the word on the second line stating"... from construction by the Developer, its agents or assigns." Should this remain the developer or should it be the builder. Mr. Erar stated in this case, t'1ey wodd w,nt the developer to be responsible for rubbish being removed from this site. The èeveJoper wodd have a lot more leverage with the builder. Councilmember Jacobson stated on page three ofthe City Installed Improvements under Section 2A, Developer's Improvements, seeding or sodding should be removed. Mr. Erar stated they would remove this under Section A hut would leave it in Section C. Councilmember Orttel stated he would likr: to see t~e City consider the Developer Installed Improvements as a counterbalance to thi,. Mr. Emr st~ted this would he hrought back in late September or early October. Mayor Gamache stated in regard to the letter from Ms. Westlund with other options and concerns, . - - '!'--'T' -~.- 0- -_.,~ ~-_.- I' [~ , . l Regular Andover City Council Meeting Minutes - August 5. 2002 Page 12 did they give them the options. Mr. Neumeister stated they would like to bring this back as an option and create an account that is a draw account so as they complete improvements, the City authorizes the draw to be paid out to the contractor. Instead of the City holding onto the cash, they would agree to be mutual signatures on the account and they pay the contractor. Mr. Dickinson stated they were working with other cities regarding this and would introduce this back as an option. He stated he did see some merit with this and would avoid some assessment processes, which they currently do. Mayor Gamache asked when this would go into effect if they went ahead with the contract wording. Mr. Neumeister stated it would go into effect after the publidling ofthèOrdimmce changes. Mayor Gamache asked if they come back with changes, would it affect this. Mr. Dickinson stated they would still be looking at the same surety amounts up tront, it is just how t]-¡~ funds would be drawn and if they elect to use the disbursement agreement or the letter of credit. He stated they could provide the options and would be a modificatioa to this but they would still look for the same surety amounts. MOTION by Jacobson, Seconded by Orttel, to apprr.,,~ Itern No. 18 (Approve Development Contract Language Revisions). Both contract~ as ,mended. ¡,tot ion car-i,:d è\:Janimously. RECEIVE EYJlCUTIVE SUMMARY/RURAL RESERVE OPEN HOUSE, CONTlNUED Mr. Neumeister stated three "open house" meetings were held during May and early June with property owners. City staff explained to the property owners what the purpose of the study was. Input was gathered regarding the property owners' de~;res fJr the future èevebpmènt potential of their land into either urban or rural lots. Mr. Neumeister presented to the Council information discussed at the "open house" meetings. Councilmember Orttel stated that if they would redo this, have the same color-coding across all maps. Councilmember Jacobson stated the concern he has i~: ah[\,-,t a legislative or regulatory procedure hy not allowing people to develop the:r land within a certain <mount of time, There have been lawsuits regarding this and the government has stepped in and said the owner cannot do certain things within a time frame on their property. In th~ final dec:.sion process he would like to have some sort ofletter of review from the legal department ¡fthis was a regulatory taking if they designate someone's land and they cannot develop it in the way they want and is there some sort of compensation paid to people because of this. They need to be aware that when they make decisions people will come in and argue and he would like some background when they get to that point. Mayor Gamache stated he noticed on two maps the size of the unknown; neither would want to be included in the Rural Reserve because they want to be able to develop. Councilmember Orttel stated ,. -. rli , ¡ Regular Andover City Council Meeting Minutes - August 5. 2002 Page 13 the rural reserve was a regulation from the MET Council in order to get their plan approved. Mayor Gamache asked if we become a MUSA City, would we still be required to have a 1,000 acre Rural Reserve. Mr. Erar stated the Comp Plan requirement stated the City identify a minimum of 1,000 acres that could be identified for future rural reserve. ¡fthe MUSA City status comes forward with a change in the Met Council policy, it would become an excellent study because it would allow the City to study which areas would be sewered. This provides the Council with an excellent planning tool for future development. The timing aspect was identified early on in the process and they always have an option with their right to come before the Council to develop their property earlier than 2020. The original premise of this plan was to identify properties for development beyond 2020. The reality of it is that property owners, once identified as candidates, have a right to approach the Council and ask for an amendment to the Comprehensive Plan but this does not mean Council has to give it to them. He stated this way at le¡:st the City has a plm that includes most of the area that remains undeveloped. Councilmember Jacobson asked if they eould have a representative from Met Council here for the final plrrn. He read from the agrecment '0 be signed by Met Council. Mr. Erar stated they could request this of the Met Council. 2002 2NO QUARTERLY FiNANCIAL REPORT, COl\'TlNUED Mr. Dickinson reviewed the 2"' quarter financial report with the City Council. Councilmember Jacobson asked with a 4.6 percent rate, how much of the ;nterest money we would get this year. Mr. Dickinson stated it would be S800 or $900 thousand for all the funds. He stated a significant portion of this would go towards funds that hold the largest cash balances, such as the construction funds and utility funds. ACKNOWLEDGE CUSTOIllER SERVICE PROGRAM Mr. Erar stated the deIivery ofresponsi\'e, ern?atheti,; and high quality professional public services shall be the organizational hallmark and stand~d of Excellence in Customer Service to Andover residents. As part of the City's commitme!1t to our customers, the residents of Andover, staff would like to start a Customer Service Satisfaction Program. The purpose of this program will be to measure the level of customer service satis:'"action with City programs and services. Mr. Erar stated as departments come in contact with residents, staff would distribute customer service survey cards asking about the se.-vice and how satisfieè th~ resider.t was with the service. The Customer Service Manager will be ,e~ponsib'e 'or preparing a monthly report of the number of requests a department had, how long it took to respond and the responses from the . - ,[; Regular Andover City Council Meeting Minutes - August 5. 2002 Page 14 survey cards. A report of this information will be presented to Council on a bi-monthly basis. The Andover Suggestion Committee will be responsible for review of the suggestions and use these suggestions as a means of improving the level of service being provided by the City. Mr. Erar stated the anticipgted cost for this program is estimated at $1,126.00, which is available from the Human Resources Budget. This program is being proposed for a I-year trial basis. After 1 year, staffwiUlook at the program and see ifit needs to be adjusted in any way. Councilmember Orttel stated he thought this was a great idea. Mayor Gamache stat~d he hoped the residents who receive the cards participate and return them so we can get an idea of what needs to be improved and make changes if necessary. This is t:le best way to, the residents to be able to tell the Council their feelings on how the City is providing the services they necd. Councilmember Jacobson asked if this is the first step. Mr. Erar stated it is and there are other items that they would like to bring back to Council at a wo!"kshop. MOTION by Orttel, Seconded by Jacobson, t,:, ac1<!'owledge and support thc Customer Scrvicc Program. Motion carried unanimously. SCHEDULE 2003 BUDGET WORKSHOP Mr. Erar explaincd pcr City Code æquirements, the City Administrator is requircd to submit an annual budget identifying proposed revenues and expenditures, and planned operations and activities for the next fiscal year. Staff is in th~ process cf~ampleting tr.e preparation of the Proposed 2003 Annual Budget for Council review and discussion. MOTION by Jacobson, Seconded by Orttel, to schedule a 2003 Budget Workshop for Monday, August 26, 2002 at 7:00 pm. in thr. CcurdI Chambers. Motion carried unanimously. MAYOR/COUNCIL INPUT (Dissolution of the Sports Complex res1: Force. Conti,1'H'(1! - Mayor Gamachc explained the City Council authorized the creation of the Sports Complex Task Force on May 1,2001 to evaluatc the need and justification for constructing a multi-purpose community sports facility. With that purpose in mind, the Task Force comprised of representatives from the City Council, City Commissions, residents and staff authored a final report to the City Council addressing the many issues and concerns associated with constructing a proposed Community Center facility. The final report of the Task Force was received by the City Council on January 30, 2002. Mayor Gamache thanked everyone by name inva1veò in the Sports Complex Task Force individually. He stated the Task Force provic1ed the CO'Jncil with a great report. ~ :1[[ Regular Andover City Council Meeting Minutes - August 5. 2002 Page 15 Councilmember Jacobson asked if a letter of thanks could be given to each member from the Council. Mayor Gamache stated he would like to also keep them on the list of any potential future meetings and information regarding the Community Ccnter. MOTlONby Orttel, Seconded by Jacobson, to dissolve the Andover Sport Complex Task Forcc and accept the final Report from the Sports Complex Task Force. Motion carricd unanimously. Councilmember Orttel statcd this cven gocs further than suggested because it startcd as a far out idea and eould become a rcality in the near future and he thinks it is important they recognize that the whole thing came about even before t!-¡e committee was started. He wanted to personally thank them. He stated that by dissolving this committee it frees the people up to be on other committees that would be coming up regarding the Community Center. (Received Letter/rom Mr. Patrick Roberts and Ms. Mary Schulte Regarding Dirt Bikes on Property) - Councilmember Jacobson stated he wanted this on record that they did receive the letter and that staff is talking with the individuals and working on some sor.: of solution. Councilmeml-¡er Orttel stated he would like this looked at carefully. He did not "".r.t it to bc illegal but it needs to be regulated because this is not the first time this ha, come '.'p Gnd they need to work hard on solving this. Mayor Gamache stated he has had twe ~the~ cX;lplaints regarding this i-,sue also from two different parts of the City. (Thank Principal Jerry HansCIlfor High Schoc"¡ Tour) - Mayor Gamache thanked Principal Hansen for giving the Council a tour of the new high ~choo1. (National Night Out) - Mayor Gamache stnted A ugœt 6.. 2002 " National Night Out and the Council will be going around to different neighborhood~ to dis~u<s any problems with the residents. (Name Change to Commercial Boulevard) - Mayor GamQ.chc stated he received calls from owners on Commercial Boulevard and he stated they should have contacted everyone on the Boulevard and asked what would have workcd for them. He 3sked ifther~ wns anything that could be done to keep both names until the end of the ycar. \1r. Erar stated thcy have already startcd the process of notifying different agencies regarding this and there was really nothing that could be done. He stated they should have contacted the owners before t!¡~ mOle ehan;e 8nd rece~\'e¡~ their input first. He apologized for staff. (Water Tower) - Mr. Erar stated that over the wecke:1d, tre w<.ter tower was hit by lightening and it threw off the water telemetry and it had to manllally be turned on. The pump and well station number four corroded and all the electric8l equipmnt hi's to Of' renuilt. This will be submitted to the insuranc~ company. The Public Works Department stated that regular maintenance could not have prevented this. He stated things are being maintained manual!y. (Report from State Auditor) - Mr. Erar stated they have received a report from the State Auditor I[ Regular Andover City Council Meeting Minutes - August 5, 2002 Page 16 regarding the incidents that were investigated in Brooklyn Park and this report is available on the State Auditor's website. The report has to do with employee events, spending for employee meals and spending on Chamber of Commerce dues. He stated there will be a workgroup consisting of the Attorney's office, Mr. Erar's group and the Finance Department to look at some policies and bring back to City Council for review. The report goes to the extent that unless it is for a governmental purpose, you cannot use anything for recognizing employee performance or an employee party. (Information on Anoka Coun~y Annual Archery Deer Hunting) - Mr. Erar statcd this would be happening in thc months of October and Novcmber in Bunker Hills Park. The Anoka County Parks and Recreation Department's goal i3 to sust2.in ad~erp()l~u]at¡on d~nsity ofktween fifteen to twenty deer per square mile. They have recently surveyed the park and have found the deer population is fifty-seven deer per square mile. An allicle will be if¡ th(~ City's newsletter regarding this. MOTIONby Jacobson, Secondcd by Orttel, to "djourn. Motion carried unanimously. The mecting adjourned at 1O:0S p.m. Respectfully submitted, Susan Osbeck, Recording Secretary - -- - .