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HomeMy WebLinkAboutCC October 15, 2002 ~ (L;l.J CITY OF ANDOVER ~ ¡\-i¿yÓ?'- 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, October 15, 2002 EDA Special Meeting - 6:30 p.m. Call to order - 7:00 PM Resident Forum a. Anoka-Hennepin School District Presentation b. Badge Presentations - Fire Department Agenda Approval 1. Approval of Minutes (Spec. CC 9/23/02) (Reg. CC 1011/02) Consent Items 2. Approve Payment of Claims - Finance 3. Modify Depository Resolution/Authorize Investment Account BNY Clearing Services - Finance 4. Approve Resolution Expending PIR Funds/Trail on Hanson Boulevard - Finance 5. Approve Resolution Expending PIR FundslHigh School Ball Field Fencing - Finance 6. Approve Sideyard Setback Variance/17536 Quay Street NW - Planning 7. Approve Variance to Fence Height/I 3540 Hanson Blvd. for Beberg Landscaping - Planning 8. Approve amendments to Ordinance 8/Updating Table of Setback Information - Planning 9. Declare Costs/OO-18/ Andover High School Street & Utility Improvements - Enfineering 10. Waive Assessment Hearing/Adopt Assessment Roll/01-27/Creekside Estates 2n Addition-Engineering II. Approve Change Order #3 (Compensating)/98-11B (Jay Street) & 99-17 (Martin Street) - Engineering 12. Approve Change Order #2 (Compensating)/00-43/Natures Run - Engineering 13. Approve Changes/2003Animal Control Agreement - Clerk 14. Declare Costs/Order Assessment Roll/Schedule Public Hearing/99-36/Sunridge - Clerk 15. Authorize RFP for Updating Fire Service Study for Fire Station #3 -Fire 16. Approve Resolution Authorizing Speed Study/ Andover Blvd. West of Crosstown Blvd. - Engineering 17. Accept Petition/02-39IRed Oaks Manor 1"- 4th Additions/Street Lighting - Engineering 18. Accept Petition/02-40/13540 Hanson Blvd.lSS & WM - Engineering 19. Accept Petition/02-4llEast y,-Lot 4, Block I, Creekside Estates 2nd Addition/SS & WM - Engineering 20. Approve Quotes/Silver Meadows Trail Construction - Engineering Discussion Items 21. Receive Anoka County Sheriff Department Monthly Report - Sheriff 22. Receive Presentation /MHz.800 Joint Purchase Agreement/County Attorney Bob Johnson - Fire 23. Receive Resident RequestIMarystone Boulevard Improvement - Administration 24. Consider Lot Split Request/ 16030 Makah Street NW-Planning 25. Consider Adopting Fire Works Ordinance Municipal Regulations-Fire 26. Consider Amendment to Ordinance 10/Sketch Plan Process-Planning 27. Consider Amendment to Comprehensive Plan/Change Commercial to Low Density Residential-Planning 28. Receive Resident Request/Ordinance # 1 09 Changes (continued}-Community Development 29. Consider Review & CommentlMetropolitan Council's "Draft" 2030 Blueprint- Community Development 30. Approve Rezoning from R-3 to R-4/ Foxburgh Crossing - Planning 31. Approve Preliminary PlatJFoxburgh CrossinglHanson and Andover Blvd. NW- Planning Staff Items 32. Schedule Special City Council WorkshoplPrivate vs. Public Infrastructure - Administration 33. Schedule Special City Council Workshop/Miscellaneous Issues -Administration 34. Customer Service Survey Update - Administration Mavor/Council Adjournment . . ....'-_.~.. ¡--.-.... ! REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 15, 1002 TABLE OF CONTENTS RESIDENT FORUM..................................................................................................................1 Anoka Hennepin School District Presentation ......................................................................2 Badge Presentation - Fire Department ..................................................................................5 AGENDA APPROV AL .............................................................................................................5 APPROVAL OF MINUTES...............;.......................................................................................5 CONSENT ITEMS Approve Payment of Claims .................................................................................................5 Modify Depository Resolution! Authorize Investment Account BNY Clearing Services .... (Resolutions R148-02 and RI49-02..... ..........................................................5 Approve Resolution Expending PIR Fundsffrail on Hanson Boulevard (Res. R150-02) ...5 Approve Resolution Expending PIR FundslHigh School Ball Field Fencing............ .... (Res. 151-02) ....................... ................. .... ...................................................... .............. .......5 Approve Variance to Fence Height/13540 Hanson Blvd. for Beberg Landscaping (Resolution R152-02) ...............................................................................................................................5 Declare Costs/OO-18/ Andover High School Street & Utility Improvements (Resolution R153-02) ...............................................................................................................................5 Waive Assessment Hearing/Adopt Assessment Rol1/01-27/Creekside Estates 2nd Addition (Resolution RI54-02) ......................................................................................5 Approve Change Order #3 (Compensating)/98-11B (Jay Street) & 99-17 (Martin Street).. (Resolution RI55-02) .......................................................................... 5 Approve Change Order #2 (Compensating)/00-43/Natures Run (Resolution R156-02) ...5 Approve Changes/2003Animal Control Agreement.............................................................6 Authorize RFP for Updating Fire Service Study for Fire Station #3....................................6 Approve Resolution Authorizing Speed Study/Andover Blvd. West of Crosstown Blvd. (Resolution 157-02) ........................................................................... 6 Accept Petitionl02-39/Red Oaks Manor 151_ 4th Additions/Street Lighting (Resolution R158-02) ...................................................................................................6 Accept Petitionl02-40/13540 Hanson Blvd./SS & WM (Resolution RI59-02).................6 Accept Petitionl02-41Æast Y.-Lot 4, Block 1, Creekside Estates 2nd AdditionlSS & WM.. (Resolution 160-02) ......... ..................... ............ ... .............................. 6 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ................................................................................................................................6 RECEIVE PRESENTATION/MHZ.800 JOINT PURCHASE AGREEMENT/COUNTY ATTORNEY BOB JOHNSON Received ................................................................................................................................ 7 RECEIVE RESIDENT REQUESTIMARYSTONE BOULEVARD IMPROVEMENT Received ................................................................................................................................8 CONSIDER LOT SPLIT REQUEST/16030 MAKAR S1REET NW Motion to Table .....................................................................................................................10 APPROVE SIDEY ARD SETBACK V ARIANCE/17536 QUAY AVENUE NW Motion to Approve (Resolution R161-02) ..........................................................................12 -~ ·f·--··!"~~-... ~ _._-~~_..- - ~ . RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHANGES (CONTINUED) Received ...............................................................................................................................13 APPROVE REZONING FROM R-3 TO R-4/FOXBURGH CROSSING Motion to Approve (Ordinance 8SSSSSS) .........................................................................14 APPROVE PRELIMINARY PLAT/FOXBURGH CROSSINGIHANSON AND ANDOVER BLVD. NW Motion to Approve (Resolution R162-02) ..........................................................................14 CONSIDER ADOPTING FIRE WORKS ORDINANCE MUNICIPAL REGULATIONS Motion to Table .....................................................................................................................14 CONSIDER AMENDMENT TO ORDINANCE 10/SKETCH PLAN PROCESS Motion to Table .....................................................................................................................15 CONSIDERAMENDMENTTOCOMPREHENS~PLAN/CHANGECOMMœRCIAL TO LOW DENSITY RESIDENTIAL Motion to Table ............................................................................................:........................15 APPROVE AMENDMENTS TO ORDINANCE 8/UPDATING TABLE OF SETBACK INFORMATION Motion to Approve (Ordinance 8111111) ..................,...................................................15 APPROVE QUOTES/SIT.. VER MEADOWS TRAil. CONSTRUCTION Motion to Approve ................................................................................................................15 CONSIDER REVIEW & COMMENT/METROPOLITAN COUNCIT..'S "DRAFT' 2030 BLUEPRINT..........................................................................................................................16 SCHEDULE SPECIAL CITY COUNCIT.. WORKSHOPIPRIV A TE VS. PUBLIC INFRASTRUCTURE Motion to Table ................................................................................................................17 SCHEDULE SPECIAL CITY COUNCIT.. WORKSHOP/MISCELLANEOUS ISSUES..........17 CUSTOMER SERVICE SURVEY UPDATE ...........................................................................17 MA YOR/COUNCIT.. INPUT Ordinance from Brooklyn Park regarding Apartments.......................................................... 17 ADJOURNMENT ......................................................................................................................17 .--- .-. ~r-"-·¡-~_·- . ~.-~~- ~ - j CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 15, 2002 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 15,2002,7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilrnember absent: None Also present: . City Attorney, William Hawkins Fire Chief, Dan Winkel City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others RESIDENT FORUM Mr. Ed Hamilton- 6615 Hig}¡wav 10. Ramsev. stated he is getting mixed signals from the Council and staff regarding shopping center zoning. He previously talked to some Councilrnembers so they are aware of what is going on. He explained that he would like the same information given to him and others. Mayor Gamache thanked Mr. Hamilton and asked Mr. Erarto verifY some of the numbers with Mr. Neumeister or Mr. Bednarz and to setup a meeting with Mr. Hamilton sometime within the next week. Councilrnember Trude stated it would be helpful to have a handout sheet available for consistency. Mr. Hamilton stated he would not be able to meet until the following week. Mr. Mark Carlson - 14383 Eagle Street. stated he has been to the council meeting a couple of times to talk about the trail on Andover Boulevard. At that time the trail was to be built in 2005 and now it is slated for 2006. He stated that this becoming a real issue of safèty, especially with the kids. They have small children walking along this road and nearly being hit. He stated he would like to challenge the Council and the City to try to find a way to make this trail possible before 2005. Councilmember Orttel stated they have met on this and he believed there was an update. Mayor Gamache stated one of the changes they would like to make regarding the trail system is instead of the Parks Commission being involved in the trails that are more transportation and not park, the Council will take control. He stated this is an issue that they realize needs to be addressed sooner than later. Mr. Carlson asked if they could get this project done as soon as possible, they would appreciate it. . '-...'.'-. T·~p,-,,· ~ ,. ,. I Regular Andover City Council Meeting Minutes - October l5, 2002 Page 2 Anoka Henneuin School District Presentation - Mayor Gamache introduced Mr. Mike Sullivan, Mr. Roger Giroux and Mr. Tom Heidemann. Mr. Sullivan, School Board Chairman, discussed the upcoming levy referendum, which is important to them for a lot of reasons. He stated the cuts engaged the attention of the cornmunity in a way that he has not seen in the past and they are hopeful that they will be successful in November. Mr. Sullivan explained the referendum consists of a twenty-one million dollar base question which if passed will allow the district to maintain and offer the level of prograrruning they offer now. The district estimates they will be short twenty-eight million dollars over the next two years. The twenty- one million dollars is presuming that the State will come up with nothing over the next two years, it would be appropriate to estimate what assistance might be coming, other than the local levy question. He stated questions two through four are contingent upon the fust question passing. Mr. Sullivan stated the fIrst phase would be to hire back the hundred teachers they have cut the past school year. The next phase is to eliminate fees for busing of students, reduce co-curricular fees by about half and reopen pools closed because of cuts. He stated they are also looking at replacing obsolete technology in an effort to improve accountability between the district and parents. Much is computer oriented and to cable the district with fiber optics because this would save the district half a million a year because they are renting the cable at this time. He stated they would also try to hold onto the services they have now. Mr. Giroux, Superintendent of Anoka-Hennepin School District 11, stated during the construction of Rum River Elementary and Andover High School, the staff of the City has been partners and that they worked with Mr. Erar. They are grateful to the Council and the City and thanked them for all the help. Mr. Giroux discussed the distribution of the locally approved tax levies. These are levies that the school districts in the Metropolitan Area have approved beyond what the State provided in their foundation formulas. He showed a chart to the Councilmembers by city for cost per student. He further discussed the levy referendum with the Council. Mr. Giroux stated that if the levy does not pass, they will need to prepare the data so they will be able to close four elementary schools and one middle school and through a series of changes of programs that take place in the school they will be able to reduce the teachers by approximately 360. He stated there is a host of other elements to the budget reductions but the three mentioned are consuming a great deal of time and are critical. In the elementary schools they would estimate to increase class size by four to five in the top grades and one to two in the lower elementary grades. He stated that in the middle school the class size would increase by four but more importantly, the electives would decrease. He stated that the high schools offer a talking point that is critical to their sense of cornmunity. The high schools will lose the number of courses the students will take. The critical piece is not just the reduction in the number of courses they will take. They will need to decrease the number of options the students can pick to fulfIll those courses. They will have half as many electives as they have now and they will have far fewer from which to select. He stated they are . . - '-'" . ~...- ~_..- . ¡ Regular Andover City Council Meeting Minutes - October 15, 2002 Page 3 going through the schedules of what that will look like in two years when they fInish implementing those course changes. TIris wiIl affect all students at all levels of education and the Board will need to make some decisions regarding next year because they wiIl have to know what to do with staffmg and parents and students wiIl have to know what to do with their high school planning and post secondary plans. He stated they would need to have dramatic changes in what the students need for graduation. The problem that poses as a community is that it changes their defInition of a high school and it changes the defInition of what they present as comprehensive high school to the public. He stated they are not the only district in Anoka County that will have this problem but they are going to be one of the most visible and direct. Mr. Giroux stated school closings are a critical issue and they are in the process of deciding which schools to close. He stated that approximately 3,000 students wiIl be displaced from the schools to be closed and they wiIl need to fmd seats in the other schools. The reason this needs to be done is because it is cost saving and if they increase class size, they do not need so many classrooms. Mr. Heidemann stated he represents the area west of Round Lake Boulevard and south of167th. He stated this is a very critical time for the school district. He noted that Anoka-Hennepin is one of the . lowest funded school districts in the State of Minnesota and they are also becoming the trendsetter regarding what cuts to make because they are always the fIrst one there in terms of what is going to go. He stated they have some of the largest class sizes in the metro area and some of the fewest opportunities for high school students. He thanked the Council Members that have come forward and supported the levy and he noted that they found out that Anoka Area Chamber ofCornmerce has endorsed the levy and the North Metro Chamber of Commerce has also endorsed the levy. Councilmember Jacobson asked what they wiIl do to institute the program if the levy passes, as the funds would not be available until 2004. Mr. Sullivan stated they plan to use the fund balance to manage through that time and they are trying to put the busing system back into place later this year. They know the cornmunity is very concerned about that issue. He stated they have had a lot of feedback regarding the cost to watch the high school students participate in extracunicular activities and the board has committed to try to move that back for the winter season. He stated they have the ability in the fund balance to get a few things accomplished before the funds start coming in. Councilmember Trude asked if this would pass, would they would go back to the same policies on transporting across the hazardous roads or would there be a new policy. Mr. Sullivan stated he believed they would go back to the hazardous busing pattern they had before the cuts but not every piece that is transportation related would go back. Councilmember Trude stated that is the biggest issue she has heard from the residents. Councilmember Trude stated residents are confused about why they have to raise taxes to pay for their children's education and why the state is not paying for the education. Mr. Sullivan stated the State did not give public education any more money; they shifted around how they pay for education. He stated the State picked up more of the cost of public education that property owners used to pay for but they did not increase in a net sort of way the amount of money available to public education and consequently when inflation comes through every year, the school district anticipates the rate of - - ---.. -- - -~- . - - · ~ Regular Andover City Council Meeting Minutes - October 15, 2002 Page 4 inflation will run three to four percent every year and the State did not fund that area of inflation for the district. He stated they have had people comment on the school district having gotten more money in the last ten years so how can they say they have to make cuts. The fact of the matter is, in order to hold onto what they have, they have to have the amount of money that at least matches inflation and if they do not get this, then they start to erode the things they have at the base point that the budget is figured and that is where the district found itself. Given the size of the district and budget the district has, they have a shortfall. Councilmember Trude stated they do not anticipate an increase from the State because of the budget shortfall. Mr. Sullivan stated this is true. Councilmember Knight asked how cutting the electives would affect the profiles oflearning. Mr. Giroux stated ail of that has to be redesigned. He stated they have people trying to address these issues now. He stated they are also having people look at what they are requiring as a district for graduation. Councilmember Knight asked if this meant the students would have more down time. Mr. Giroux stated they could but they would try to keep the students in the classes without a study time. Councilmember Orttel stated that everyone running for Governor has stated they will restore the funding for education. He asked what would happen to the money then. Mr. Sullivan stated if the State came up with the money, the district would have two options. They could add more programs or they could add some other lesser increment of additional programs and not levy the additional levy on the voters of the district, even though it is authorized. He stated the fIrst question is in regard to inflation and if the State starts pulling back funding, they cannot promise not to make more cuts or come back within fIve years for more money. Absent that scenario, his staffhas told him that at the rate they are bringing this in, they would not have to come back to anyone for anything for that five year period. Mayor Gamache thanked the representatives from the School District and stated they were welcome at any time to discuss issues of the School Board at the Council meetings. Charlie Veiman, 13646 Crooked Lake Boulevard asked which elementary and middle schools will close. Mr. Sullivan stated that it has not been determined but a decision will need to be made in early November after the election. Mr. Veiman stated levy items 2,3 and 4 are dependent on item 1 passing. He asked if they are all contingent on each other. Mr. Sullivan stated they would not be contingent on each other; only item one needs to pass in order for any of the other three to pass. Mr. Veiman stated they are asking for twenty-one million dollars and last time there was a levy, they were asking for more. He asked why the are they asking for less money this time. Mr. Sullivan stated one reason is last time it was for ten years but it was decided this was too long to ask the public to finance. They had also included an inflator which would automatically increase the amount by the rate of inflation to avoid the situation discussed earlier. In response to feedback the Board decided to only take it out for five years and delete the inflator. ~ - -- - .. -- - --- I Regular Andover City Council Meeting Minutes - October 15, 2002 Page 5 Badge Presentation - Fire DeDartment - Chief Winkel presented badges to two fire fighters who have completed their minimum requirements to become members of the fire department. He gave the backgrounds offrrefighters Mike Louma and John Hale. AGENDA APPROVAL Remove from the Agenda Item 14 (Declare Costs/Order Assessment Roll/Schedule Public Hearing/99-36/Sunridge). Remove from Consent Items for discussion Item 6 (Approve Sideyard Setback Variance/17536 Quay Street NW); Item 8 (Approve i\mendments to Ordinance 8/Updating Table of Setback Information); and Item 20, (Approve Quotes/Silver Meadows Trail Construction). Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES September 23, 2002, Special City Council Meeting: Correct as written. October 1, 2002, Regular Meeting: Correct as written Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried 4 aye, 0 nay, 1 present (Jacobson). CONSENT ITEMS Item 2 Approve Payment of claimS Item 3 Modify Depository Resolution/Authorize Investment Account BNY Clearing Services (See Resolution No. 148-02 and Resolution No. 149-02) Item 4 Approve Resolution Expending PIR Fundsffrail on Hanson Boulevard (See Resolution No. 150-02) Item 5 Approve Resolution Expending PIR Funds/High School Ball Field Fencing (See Resolution R151-02) Item 7 Approve Variance to Fence Height/13540 Hanson Blvd. For Beberg Landscaping (See Resolution RI52-02) Item 9 Declare Costs/OO-18/ Andover High School Street & Utility Improvements (See Resolution 153-02) Item 10 Waive Assessment Hearing/Adopt Assessment Roll/01-27/Creekside Estates 2nd Addition (See Resolution 154-02) Item 11 Approve Change Order #3 (Compensating)/98-11B (Jay Street) & 99-17 (Martin Street) (See Resolution 155-02) Item 12 Approve Change Order #2 (Compensating)/00-43/Natures Run (See Resolution 156- - .- ----~--. ..- I Regular Andover City Council Meeting Minutes - October 15, 2002 Page 6 02) Item 13 Approve Changesl2003 Animal Control Agreement Item 15 Authorize RFP for Updating Fire Service Study for Fire Station #3 Item 16 Approve Resolution Authorizing Speed Studyl Andover Blvd. West of Crosstown Blvd. (See Resolution 157-02) Item 17 Accept Petitionl02-39/Red Oaks Manor 1st -4th Additions/Street Lighting (See Resolution 158-02) Item 18 Accept Petitionl02-40/13540 Hanson Blvd.lSS & WM (See Resolution 159-02) Item 19 Accept Petitionl02-411East Y:.-Lot Block 1, Creekside Estates 2nd AdditionlSS & WM (See Resolution 160-02) Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Cornmander Dave King, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Commander King stated he talked to Doug Fisher of County Highway regarding the train crossing on Bunker Lake Boulevard. Mr. Fisher has done a study and found there have been several accidents along that particular portion of roadway. They cannot confirm that they are related to that problem but he did relate to them that they do see this as an issue and he advised them that they will come up with some type of early warning sign devise to place prior to those particular corners. He stated that the signs are not up yet but he thinks they will be coming soon. Commander King stated that Mr. Fisher told him that trains are allowed by State Statute to block intersections for up to ten minutes. He believes they do block a little longer than that but it is hard to hold them accountable. By State Statute, they are supposed to tag the actual Corporation with a petty misdemeanor offense, but there is not a whole lot of value in that particular venue. Councilmember Trude stated she thinks it may be a way to get the switching station moved out of Andover if they start tagging. She stated she has had people tell them that they have been stopped for fifteen to twenty minutes waiting for the train to cross. Commander King stated he did not know if tagging Burlington Northern would do any good but if the Council wanted them to start tagging they could do that. Mayor Gamache asked how many trains go through on a daily basis. Councilmember Trude stated she figured it wouJd be twenty or more. Commander King stated he did not know but he wouJd think the railroad could give them this information and also let them know how many trains actually stop on the track. ! Regular Andover City Council Meeting Minutes - October 15, 2002 Page 7 Mayor Gamache asked how they would track this. Commander King stated that if they could get a time table from Burlington Northern on when the trains will be switching over, they could stop by and monitor their switching timeframes and see if they fall within the State Statute. If they start acquiring things of that nature, this will move them along a little quicker. Councilmember Orttel stated he would be hesitant to having police officers stopping and timing trains at certain times of the day and they could probably have cornmunity service officers do this instead. Councilmember Jacobson stated they have had some issues with the east side oftown and asked for an update. Commander King stated they have been meeting with the residents several times and their crime prevention specialist has been meeting with the residents regularly. He believed they are making some strides on making this a better living condition. He thought they were making some strides but it would take a while for improvement to show. RECEIVE PRESENTATIONIMHZ.800JOINT PURCHASEAGREEMENTIATTORNEY BOB JOHNSON Fire Chief Dan Winkel explained their communications system is over 25 years old and some equipment is obsolete and needs to be replaced. In addition to the obsolete equipment the F.C.C. has advised large cornmunication centers that the radio frequencies in use may no longer be available. In an effort to help with funding for the cornmunication system update, Anoka County and others were successful during the last legislative session to get legislative approval for Anoka County to fInance the cost of designing, construction, and acquiring public safety communication system infrastructure and equipment for use on the statewide, shared public safety, radio system by issuing capital improvement bonds and capital notes. The county may report the tax attributable to any levy to pay principal and interest on bonds or notes issued as a separate line item on the property tax statement. The levy to pay principal and interest on the notes or bonds is exempt from the limits on the amount or rate of tax imposed under any of the provisions oflaw. Chief Winkel introduced Mr. Robert M.A. Johnson, Anoka County Attorney and Chair of the Joint Law Enforcement Council, who presented to the Council information regarding the SOO MHZ Joint Powers Agreement. Councilmember Knight asked how this would affect them if they were contracting with the Sheriff's office. Mr. Johnson stated they would probably see this in the contract. Mr. Johnson stated this allows everyone to cornmunicate with each other. The challenge will be in the dispatch and the control will be put there. CounciIrnember Jacobson asked out of the l2-'h million dollars they are planning on spending, would they be putting up more towers to cover the dead spots. Mr. Johnson stated they are looking at five additional towers and rebuilding some towers. . -~~-f·Þ ~ .~.-,.....---~-- . ..._~--_. I Regular Andover City Council Meeting Minutes - October 15, 2002 Page 8 Councilmember Orttel asked if this would be on the next year tax statements. Mr. Johnson stated it will and the bonds will be collected this fall and paid over ten years. Councilmember Orttel stated that this has brought in more manufacturers. Mr. Johnson stated they have three vendors now but the radios will all have to cornmunicate with each other. Mayor Gamache asked Chief Winkel if this would be in their CIP plan for 2004/2005. Chief Winkel stated it is and there will be an allocation of funds and the remaining balance is in their budget. Councilmember Jacobson stated right now they have a separate public works radio system and he asked Mr. Erar if they will be maintaining the double radio system with this or is there an opportunity to use one system for everything. Mr. Erar stated they would be looking at a different channel because they do not want to be on the same system as the fue department. He stated they cannot be on the same channel but there may be some efficiencies they can look at. Chief Winkel stated the public works frequency is a low band frequency and this seems to work well for them so he does not see any reason to change this. Councilmember Orttel asked if there is any chance of recovering anything elsewhere in the Country for the radio systems they are discontinuing. Chief Winkel stated they are looking into this and does believe there will be a market for it. Motion by Orttel, seconded by Knight, to approve Item 22 (MHZ.800 Joint Purchase Agreement) for the purchase of public safety communications equipment. Motion carried unanimously. RECEIVE RESIDENT REQUESTIMARYSTONE BOULEVARD IMPROVEMENT Mr. Erar explained Mr. James Neilson has requested an opportunity to address Council on the issue of privately improving Marystone Boulevard by means other than through the normal City public improvement process. A preliminary staff review suggests a number of public policy complexities, questions and issues associated with a private neighborhood effort to improve a public road section. Mr. Erar stated City departments have expressed a number of concerns that will need further research before a staff recommendation is forwarded to the City Council. These issues include legal and statutory issues associated with the public improvement process; establishing a precedent that may create significant long-term concerns in other areas of the community; design and engineering standards associated with the street improvement; City policies currently requiring public improvements to be under the control of the City in terms of design, bidding, inspections, maintenance and special assessments against benefiting properties. Both the Fire and Public Works Departments have expressed their concerns regarding fire access on a privately improved public roadway relative to width and turnaround radius, street maintenance and repair and other associated public works issues. Councilmember Jacobson stated he talked to Mr. Nielsen who indicated that they could do what they -- . .-- - -0__- ~ f"-.'-'" ..-~. - .... ----.~ - ~ Regular Andover City Council Meeting Minutes - October 15, 2002 Page 9 want to do with the road because it is not a public road. City Attorney Hawkins stated that he does not agree with this because then anyone could come in and say that their road is not considered a public road. Jim and Jackie Nielsen explained they reside at 4949 Marystone Boulevard. He discussed the history of the road with the Council. He stated he was requesting the City Council allow the residents to install a bituminous surface because it is easier to plow in the winter and would eliminate the dust and mud from the road. Councilmember Knight stated he noticed that in the information he saw six hundred feet so they would not be tarring all the way around. Mr. Nielsen stated they wouJd be tarring all the way around and the six hundred lineal foot dimension pertains to a curve on areas where drainage is a problem, which will be taken care of. Councilmember Trude asked ifit was his argument that the City is omy using the width Mr. Nielson measured because there are not any tire tracks beyond that so to pave more than that is taking more than they have taken. Mr. Nielsen stated this is correct. Councilmember Trude stated she did not look at this but was wondering if the snowplow was able turn around in the cul-de-sac. Mr. Nielsen stated they do have a cul-de-sac to turn around in. Councilmember Orttel stated this is a circular turn rather than a cul-de-sac. Mr. Nielsen stated this is true. Councilmember Jacobson stated there seems to be more technical and legal questions that they would not talk about tonight and ifhe wanted this done in the next couple of weeks, there would be no way to do it. Councilmember Trude did not think there was anywhere else in Andover that there would be a situation like this. She stated this is a unique situation. Councilmember Knight stated he found this very unique and he would be troubled if someone would go in there and destroy the beauty of this. Councilmember Orttel stated there are two concerns; one is drainage because the City would need to maintain the road once complete and the other concern is setting a precedent by approving this. He stated they would need to find a way to justify deviating from their policy such that they would have a defense in the future. Councilmember Orttel stated they would need to have a study done on the drainage issue. Councilmember Knight stated there would omy be two homes affected by the drainage, the one on the end and the one on the left hand side as you enter. Councilmember Jacobson asked if the City were to abandon this stretch of road to the landowners and the landowners do what they want with it, would it make all the homes non-conforming. City Attorney Hawkins stated it wouJd prohibit any future building unless the policy is carried through to any subdivision. He stated they would be required to establish an Association. Mr. Erar stated the other argument is an upgrade of a gravel road section to a city street section so . . , - . ... - .- . ~ Regular Andover City Council Meeting Minutes - October 15, 2002 Page 10 they could have every developer in the future say they have a little piece of the development they would like to keep and this is the reason why cities adopt city street sections so everything will be consistent. The issue is upgrading it to a city street section and they have standards in place and would be a significant departure from what they already require from any other development in the City whether it is preexisting or new. City Finance Director Dickinson stated one of the things being bypassed is the public hearing and the ability for everyone to cornment on the project. Mr. Nielsen stated in Chapter 429 it gives the property owner the notice to come in and voice their opinion. He stated every homeowner except one is in attendance and they all agree to pay. He stated the issue of drainage would be taken care of by their contractor. He stated in regards to setting a precedent, there is no precedent, when you fmd another road that is a user road, eighteen feet in width, is a great deal different than improving someone's property. He stated the city's requirement is a sixty foot right-of-way and there is not one there. Councilmember Knight stated he believed it is about as unique as they can get and it does not make sense to widen the street and take out the trees. Councilmember Orttel stated the issue is if they are going to do this, they need to fmd a way. Mr. Nielsen requested the Council go on record directing the staff to come back to Council with a specific recommendation by November 6, 2002 because the City Engineer has had this since August 20,2002. He stated a letter was written to him on September 27,2002 that states the city will work with the residents. However, there has been no contact and nothing has been done and he is getting frustrated. He thinks it should be resolved by November 6, 2002. Mayor Gamache stated he believed that is what staff was looking for. Councilmember Orttel stated that if they vary from all the standards they need to have a reason for it. Mr. Erar stated they would come back with the best recommendation they can for the next meeting. Mr. Nielsen requested staff send him the recommendation so he knows what action was taken. CONSIDER LOT SPLIT REQUEST/16030 MAKAH STREET NW Cornmunity Development Director Neumeister explained the property owner is seeking approval to divide the subject property into two rural residential lots with a variance to the 300-foot minimum lot width for one of the lots. Both lots would meet all of the City ordinance requirements. Mr. Neumeister stated the property owner is requesting that the lot split be approved prior to a survey being completed due to the expense and the uncertainty of whether the lot split will be approved. The neighbors are not interested in selling a portion of their properly for the lot split. Mr. Neumeister stated the Planning Commission unanimously recommended denial of the proposed lot split citing that fmdings had not been demonstrated for the proposed variance. . . - - -----. ] Regular Andover City Council Meeting Minutes - October 15, 2002 Page 11 Mayor Gamache stated the issue is keeping the style and uniqueness of the neighborhood and the lot split would change that. Mr. John Moore, 16030 Makah Street stated he sent a letter in regard to what his position is. No other similar circumstance exists in the City of Andover because of the curve of the road and the ambiance of the neighborhood has changed since they have moved in. There seems to be a standard saying that this is a five-acre area but most of the lots are less than five acres and has always been classified as an R-l, which is 2.5 acres. He is asking that this be taken into consideration and approved. He stated he has a pipeline easement on Iús property so Iús only option is to split side by side. Councilmember Knight stated the dilemma is the variance has to have a reason created by the nature of things for a variance to applicable and there is not one here. Mr. Neumeister stated they could not make the findings so the variance was not approved. More discussion ensued regarding the reasons behind a variance for splitting a lot. Motion by Jacobson, Seconded by _, to deny Item No. 24 (Lot Split Request/16030 Makah Street NW). Motion did not pass for lack of a second. Councilmember Trude asked if they wanted to look at precedent. Councilmember Orttel asked if configuration is a hardship. City Attorney Hawkins stated generally it is not. Ms. Jean Fudge, 16005 Makah Street stated she was at the Planning Commissioner Meeting and at the time the charm of a five-acre lot was what attracted them twenty-two years ago and she prefers the five-acre cornmunity. There have been some splits with exiting onto 7th A venue and it is a whole different situation. It is a matter of principle to her and if a variance is approved, it will remove one of the three requirements. She stated she is opposed to this because it is a matter of principle and she has not seen anything comparable to this. Councilmember Jacobson stated he understood them wanting to keep it at five acres but it is zoned R-I so they have a right to split. Ms. Pat Monroe, 15961 Makah Street stated they moved there in 1985 and until five years ago, they had a lot of wildlife in their woods until people started to move in. She stated they wanted to keep the acres also and is concerned about construction in the area because of the pipeline. Motion by Jacobson, Seconded by Trude, to deny Item No. 24 (Lot Split Request/16030 Makah Street NW). Motion failed because no vote was taken. Ms. Moore stated there has already been a precedent set because another lot was split with less acreage than his lot. Councilmember Trude pointed out that there seemed to be some unfairness and she wanted to know if they could get some research on other splits in the area and table this item - . -~ . ~-.~- .~---.. -' - f Regular Andover City Council Meeting Minutes - October 15, 2002 Page 12 until they could review the information. Motion by Orttel, Seconded by Knight, to table Item No. 24 (Lot Split Request/16030 Makah Street NW) for research to be done on this item. Motion passed 4 ayes, 1 nay (Jacobson). APPROVE SIDEYARD SETBACK VARIANCE/17536 QUAY AVENUE NW Mr. Erar stated the applicant is proposing to build a 24-foot by 24-foot addition onto the second level above the existing garage. The home is non-conforming due to its 20-foot comer side yard setback where 40 feet is the minimum allowable in the R-3 zoning district. A variance is needed to correct the non-conforming status of the existing home to allow the project to move forward. The addition over the garage on the south side of the home will not change the existing setbacks of the home in relation to 176th Avenue. Councilmember Jacobson stated he had this pulled because he is in favor of letting them do what they want to do but what they are doing is granting a variance for a twenty-foot setback. Right now this is a non-conforming use and by doing this, they are saying a twenty-foot setback is ok. In his mind, it makes it a conforming use so ifit burns down and they wanted to put another addition on or garage on, they could do it without coming back for approval as long as they met all the other requirements. If they wanted to keep it a non-conforming use, but allow them to build the addition, that is a different way of doing the same thing. Mr. Neumeister stated their Ordinance does not allow them to add onto a non-conforming building until it is made to be conforming. Councilmember Jacobson asked if they could vary frOm it. Mr. Neumeister stated he did not think they could because it is a use issue and they cannot vary from the use. Motion by Orttel, Seconded by Knight, to approve Item No. 6 (Approve Sideyard Setback Variance/I 7536 Quay Street NW). Motion carried n"."iTTlously. (See Resolution R161-02) RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHANGES (CONTINUED) Will Neumeister, Community Development Director, stated they had a request from an Andover resident to amend Ordinance # 1 09 (Regulating All Terrain Vehicles and Snowmobiles) to regulate the use of dirt bikes in the City of Andover. City Staff received language that the property owner would like to have the City adopt. The property owners who had the complaints filed against them have also written a letter explaining their view of the situation, which they consider to be harassment. Councilmember Jacobson stated he observed that the question is not restrictions on dirt bikes themselves, it is the noise created. Instead of an Ordinance or banning them, would it be more useful for the Planning and Zoning Commission to look at requiring quieter muffiers. Ms. Mary Hilke, I S030 Uplander Court stated they have been dealing with their neighbor on this issue for about three years. She stated she is an avid ATV owner and the reason she has come to --- .. -- .- I Regular Andover City Council Meeting Minutes - October 15, 2002 Page 13 the City Council is because their neighbor using dirt bikes has blatantly abused them. Their neighbor runs many dirt bikes at one time around his property and they cannot enjoy their own home because of the noise. She stated they have called the police but were told they could not do anything because Andover does not have an Ordinance. Ms. Hilke stated she believes Andover is a rapidly growing community and it is only going to get worse. She does not believe in banning recreational vehicles but something needs to be done. She would like to see something go into effect that is enforceable. She contacted Ham Lake and they have a good dirt bike ordinance but it is under the noise ordinance. She stated she did call the sheriff's department and got a report for the last six months of complaints. There have been about 36 or 40 complaints. She stated Andover needs to have something to enforce the orindnance to protect the citizens who do not want to listen to the noise. Councilmember Trude asked if the property owners own all the vehicles. Ms. Hilke stated they also have friends over to ride bikes. Mr. Tom Danshek, 15584 Raven Street stated he felt Ordinance #109 should be amended to place stricter controls on the abusive operations of A TV's, snowmobiles and dirt bikes for safety and noise reasons. He stated he has neighbors that have created a track for A TV's in their backyard and ride from morning to night. He stated he has four children and they cannot play in the backyard because of safety reasons and they cannot enjoy their deck or backyard because of the noise. He stated there should be certain exclusions allowed in the amendment, such as people using ATV's for work purposes on their property. Councilmember Orttei asked what size lots are around the neighborhood. Mr. Danshek stated they are 2.5 acres. Councilmember Trude stated she would like to look at Ham Lake's noise ordinance concerning this. Mr. Dickinson stated the legislature has selected people to research the ATV situation and evaluate not only City Ordinances but also the States enforcement of this. The Council consensus is to have the Planning Commission review Item No. 28 (Resident Request/Ordinance # 1 09 Changes) and look into the safety with possibly looking into the noise issue and make recommendations to the Council. APPROVE REZONING FROM R-3 TO R-4/FOXBURGH CROSSING Cornmunity Development Director Neumeister explained the developer, Boone Builders, has requested approval of a rezoning to allow the Preliminary Plat of the "Foxburgh Crossing" housing development to be approved by Council as it has been designed. Councilmember Jacobson asked if the property owners wanted this to be rezoned. Mr. Neumeister ..- ------- ----~ [ Regular Andover City Council Meeting Minutes - October 15, 2002 Page 14 stated they have a purchase agreement signed so he believed they would want the rezoning done. Councilmember Jacobson stated that when looked at this before, this was not a rezoning request. Mr. Neumeister stated this is correct. Councilmember Orttel stated that they previously looked at this thoroughly. Motion by Orttel, Seconded by Trude, to Approve Item No. 30 (Rezoning From R-3 to R- 4/Foxburgh Crossing). Motion carried unanimously. (Ordinance 8SSSSSS) APPROVE PRELIMINAR Y PLATIFOXBURGH CROSSINGIHANSON AND ANDOVER BLVD. NW Community Development Director Neumeister stated this preliminary plat was changed to reflect the Planning Commission, City Council and neighborhood comments during the sketch plan process. It is a single-family development that meets the requirements of the R-4 Single Family Urban Residential Zoning District. Mr. Neumeister discussed the Planning Commission recommendations with the Council. Councilmember Trude stated she believed the developers would try to keep as many trees as possible because it will increase the value of the lots. Mr. Neumeister stated everything on the plat would need to be removed so fill can be brought in and built up. The developer stated that any trees that look desirable will be spaded and moved to be replanted elsewhere. Councilmember Jacobson asked what the additional seventeen feet being dedicated on the south side of the plat is for. Mr. Neumeister stated it would be for a standard right-of-way. Councilmember Trude stated it would also be used for a future trail. Councilmember Jacobson asked if there are any variances on the property. Mr. Neumeister stated the only variance is in regard to the double frontage lots. Motion by Trude, Seconded by Orttel, to Approve Item No. 31 (preliminary PlatlFoxburgh Crossing/Hanson and Andover Blvd. NW). Motion carried unanimously. (See Resolution R162- 02) CONSIDER ADOPTING FIRE WORKS ORDINANCE MUNICIPAL REGULATIONS Motion by Knight, Seconded by Jacobson, to table Item No. 25 (An Ordinance Adopting Municipal Regulations for Fire Works), until the November 6, 2002 City Council Meeting. Motion carried unanimously. - - - - ~ - - - . . . r Regular Andover City Council Meeting Minutes - October 15, 2002 Page 15 CONSIDER AMENDMENT TO ORDINANCE 10lSKETCH PLAN PROCESS Motion by Knight, Seconded by Jacobson, to table Item No. 26 (Amendmentto Ordinance IO/Sketch Plan Process), until the November 6, 2002 City Council Meeting. Motion carried unanimously. CONSIDER AMENDMENT TO COMPREHENSWE PLAN/CHANGE COMMERCIAL TO LOW DENSITY RESIDENTIAL Motion by Knight, Seconded by Jacobson, to table Item No. 27 (Amendment to Comprehensive Plan/Change Commercial to Low Density Residential) until the November 6, 2002 City Council Meeting. Motion carried unanimously. APPROVE AMENDMENTS TO ORDINANCE 8/UPDATING TABLE OF SETBACK INFORMATION Community Development Director Neumeister stated staffhas revised a table from Section 6.02 of the Zoning Ordinance to clarify various zoning requirements (lot size, setbacks, minimum size houses, etc.) for each zoning district. The table summarizes requirements from multiple sections of Ordinance 8s and 10 and is intended to be an easy to read handout to provide information that is frequently requested. Mr. Neumeister stated the table has been amended several times since it was fIrst adopted in 1971. This table provides information that can lead to misunderstandings. Councilmember Jacobson stated he would lilœ some clarifIcations of items on the table of page four that he has already discussed with Mr. Neumeister. Motion by Jacobson, Seconded by Trude, to approve Item No. 8 (Approve Amendments to Ordinance 8/Updating Table of Setback Information) with minor technical changes. Motion carried unanimously. (Ordinance 8111111) APPROVE QUOTES/SILVER MEADOWS TRAIL CONSTRUCTION Mr. Dickinson stated he received from quotes from Mr. Todd Haas, Assistant City Engineer on some trails they are looking at constructing this year. He indicated that no funds are available at this time to fund this project. Finance is recommending that the Council either release the Trail Fund dollars being reserved for the Bunker Lake Boulevard Underpass or not authorize the proj ect at this time. Mayor Gamache stated he would not have a problem with what is suggested because the houses are not being built yet. Councilmember Jacobson stated by taking from the underpass fund, they - . -- - -- --.. -- ~__o- ~ ., I Regular Andover City Council Meeting Minutes - October 15, 2002 Page 16 are lessening the amount for them to build the underpass in the future. He stated it would also loosen up some money for the Park Commission. Councilmember Trude asked if they would regret it because they were talking about using that money for a signal light that the County may not pay for. CounciIrnember Jacobson stated there is still money in the fund after they move the $11,985. CounciIrnember Grttel asked where the money was coming from. Mayor Gamache stated it was coming from the trail fund. Mr. Dickinson stated some of the trails are for Rum River Elementary school and that is why Mr. Haas brought this forward. Motion by Jacobson, Seconded by Orttel, to Approve Item No. 20 (Approve Quotes/Silver Meadows Trail Construction) in the amount of $11,985 and release the Bunker Lake Boulevard Underpass Fund for the funding. Motion carried unanimously. CONSIDER REVIEW & COMMENT/METROPOLITAN COUNCIL'S "DRAFT" 2030 BLUEPRINT Cornmunity Development Director Neumeister explained the Metropolitan Council has prepared a "Draft" 2030 Blueprint for growth and development for the Twin Cities. The document has major policy areas that are being revised. According to Metropolitan Council Chair Ted Mondale, "Blueprint 2030 is a plan to accommodate the forecasted growth of the seven-county Twin Cities area over the next thirty years. It is a comprehensive strategy that weaves together emerging trends, changing market demands, citizen values and expectations, and leading-edge data." Mr. Neumeister stated the Planning Commission reviewed the Comprehensive Plan population and household projections and compared them with the Metropolitan Council's new projections. They indicated that they would like to be kept informed on the Metropolitan Council Blueprint 2030 adoption progress. Mr. Neumeister discussed with the Council seven issues that have been highlighted. Councilmember Jacobson read from the report sections that concerned him. Councilmember Orttel asked if they are supposed to comment on these items now or go to the hearings. Mr. Neumeister stated that if they concur with the recommendations of the Met Council and the population projections, they may not have much to say but if they want to get into how they should not direct the density patterns, these can be used as tools when reviewing future plans. The benchmarks listed in the AMM summary will be what they will try to judge their Comprehensive Plan by. The Council discussed the information in the report. . -------..-- --0- I Regular Andover City Council Meeting Minutes - October 15, 2002 Page 17 SCHEDULE SPECIAL CITY COUNCIL WORKSHOPIPRIVATE VS. PUBLIC INFRASTRUCTURE Motion by Knight, Seconded by Jacobson, to Table this item until the November 6, 2002 City Council Meeting. Motion carried unanimously. SCHEDULE SPECIAL CITY COUNCIL WORKSHOPIMISCELLANEOUS ISSUES Motion by Jacobson, Seconded by Orttel, to Schedule a Special City Council Workshop/Miscellaneous Issues for Monday, November 13,2002 at 7:00 p.m. Motion carried unanimously. CUSTOMER SERVICE SURVEY UPDATE City Administrator Erar explained that as part of the City of Andover's commitment to excellence, the City of Andover has implemented a new Customer Service Program. Mr. Erar discussed the September data with the Council. Mayor Gamache stated he believed this looked good for the most part and may be some suggestions that may be of service. MAYOR/COUNCIL INPUT (Ordinance from Brooklyn Park Regarding Apartments) - Councilmember Jacobson asked Mr. Neumeister if they would have a report from Brooklyn Park and Coon Rapids. Mr. Neumeister stated they would have the report in a month and he would bring this back to the November meeting. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :32 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary - -- --. - --_...-- ~