HomeMy WebLinkAboutCC October 2, 2001
CITY OF ANDOVER
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 2,2001
Call to Order - 7:00 PM
Resident Forum
Agenda Approval
Approval of Minutes (9/1S/0 I) (9/19/0 I)
Plaque Presentationillave O'Toole
Consent Items
1. Acknowledge Termination ofContract/Peach Associates, Inc. - Clerk
2. Declare Cost/01-23/3408 - 142"d Avenue NW/WM - Engineering
3. Acknowledge Park & Recreation Commission Meeting Guidelines and Public Hearing Citizen
Participation Protocol - Engineering
4. Acknowledge Planning and Zoning Commission Meeting Guidelines and Public Hearing Citizen
Participation Protocol- Planning
5. Declare Cost/Order Assessment RoIV99-35/Woodland Estates 2"d Addition -Engineering
6. Waive Public Hearing/Adopt Assessment Roll/O I-S1732 - 140th Lane NW/SS & WM - Engineering
7. Waive Public Hearing/Adopt Assessment RoI1/99-37/1680 Andover Boulevard NW/SS &
WM - Engineering
S. Reduce Escrow/DeveIoper Improvements/North Valley Ridge - Engineering
9. Accept Petition/O 1-27 /Creekside Estates 2"d Addition - Engineering
10. Reduce Escrow/Developer Improvements/Woodland Oaks - Engineering
I I. Approve Quotes/OO- I 717th A venue Trail (Supplemental) - Engineering
12. Approve Amendment to Ordinance No. 219, An Ordinance Regulating and Controlling Weeds and
Other Harmful Vegetation - Planning
13. Declare Costs, Order Assessment Roll and Schedule Public Hearing for 200 I Delinquent Utility Service
Charges - Finance
Discussion Items
14. Approve Amended SUP/PUD/Alternate Townhome Design/Nature's Run Cont. - Planning
15. Discuss Use ofCushman/Public Works - Engineering
16. Consider Approval/Joint Power Agreement Amendments (Section 2.5)/01-2/New Ball Field
Facility - Engineering
Staffltems
17. Schedule Council Workshop/Comprehensive Plan Issues - Planning
Mayor/Council
18. Executive Session
a. Fire Station Facility Issues-Potential Litigation
Payment of Claims
Adjournment
.
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 1,1001
TABLE OF CONTENTS
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. I
APPROVAL OF MINUTES......................................................................................................2
PLAQUE PRESENT A TIN/DA VE O'TOOLE.......................................................................... 2
CONSENT ITEMS
Acknowledge Termination of ContractlPeach Associates, Inc. ............................................ 2
Resolution R143-01 declaring cost/OI-23/3408 I42nd Ave/Watermain ............................... 2
Acknowledge Park and Recreation Commission Meeting Guidelines ................................. 2
Acknowledge Planning and Zoning Commission Meeting Guidelines ................................ 2
Resolution R144-01 waiving public hearing/Adopting assessment/0I-8/732 140th Ln ....... 2
Resolution R145-01 waiving public hearing/Adopting Assessment/99-37/1680 Andover.. 2
Reduce escrow/Developer improvements/North Valley Ridge ............................................ 2
Resolution R146-01 accepting petition/01-27/Creekside Estates 2nd Addition.................... 2
Reduce escrow/Developer improvements/Woodland Oaks.................................................. 2
Approve amendment to Ordinance 219 regulating and controlling weeds........................... 2
Resolution R147-01 declaring costs, ordering assessment, schedule public hearing
for 2001 delinquent utility service charges ...................................................................... 2
DECLARE COST/ORDER ASSESSMENT/99-35/WOODLAND ESTATES 2ND
Resolution R148-01 to so declare......................................................................................... 3
QUOTES/00-17/SEVENTH A VENUE TRAIL
Motion to accept quote (W. B. Miller for $26,039.25)......................................................... 3
AMENDED SPECIAL USE PERMT/PUD/ALTERNATE TOWNHOME DESIGN/
NATURE'S RUN
Motion to table to October 16...............................................................................................4
DISCUSS USE OF CUSHMAN/PUBLlC WORKS................................................................. 4
CONSIDER APPROV AUJOINT POWER AGREEMENT AMENDMENTS/O 1-2/
NEW BALL FIELD FACILITY
Motion to approve the amendment and the Joint Powers Agreement .................................. 5
RESCHEDULE MEETING TIME/NOVEMBER 6, 2001
Motion to reschedule meeting of November 6 to 8:01 due to school board elections.......... 5
SCHEDULE COUNCIL WORKSHOP/COMPREHENSIVE PLAN ISSUES
Motion to schedule workshop on October 23 for Comprehensive Plan issues and
Transportation issues ....................................................................................................... 6
CORRECTION TO AUGUST 14,2001, MINUTES
Motion to approve the correction.......................................................................................... 6
UPDATE ON BILL'S SUPERETTE......................................................................................... 6
PAYMENT OF CLAIMS .......................................................................................................... 7
MAYOR/COUNCIL INPUT
Boy Scouts at the next ..meeting........................................................................................... 7
Andover Boulevard/Crosstown Boulevard update ............................................................... 7
Fire Department open house (October 11, 6 to 8 p.m.) ........................................................ 7
FIRE STATION FACILITY ISSUES - POTENTIAL LITIGATION
Motion to authorize repair of Fire Stations I and 2 and to research legal actions................ 8
ADJOURNMENT...................................................................................................................... 8
~
/6 ~ IV> -OJ
CITY of ANDOVER
REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 1, 1001
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache on October 2, 2001, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Ken Orttel, Julie Trude
Councilmembers absent: Don Jacobson, Mike Knight
Also present: City Attorney, William G. Hawkins
City Engineer, Scott Erickson
Community Development Director, Dave Carlberg
City Administrator, John Erar
Others
RESIDENT FORUM
Bvron Westlund. Woodland Development - asked that Item 5, Declare Cost/Order Assessment
Roll/99-35/Woodland Estates 2nd Addition, be tabled until legal counsel has a chance to confer.
Mike Hunt. 16200 Valley Drive - received a letter concerning the vehicles around his property. He
did not think it is a public nuisance because his property can't be seen from any road surrounding the
house. He has an 850-foot driveway, and the only way someone can see the vehicles is to come onto
the property. There are several vehicles on the property. One is a four-wheel drive truck and a dump
truck with a big plow. Councilmember Orttel stated he received a phone call on this. Apparently a
dump truck is used to maintain the own property but it is not used on the roads. They received a tag
because it isn't licensed. He thought there was a provision for farm trucks. Mr. Carlberg stated there
is an exemption for agricultural equipment. He didn't know if this isjust being used to plow snow on
the site and that it never leaves the site. He suggested Staffwork with Mr. Hunt regarding this issue.
The Council agreed.
AGENDA APPROVAL
Pull Item 5, Declare Cost/Order Assessment RolI/99-35/WoodIand Estates 2nd Addition, and Item 11,
Approve QuoteslOO-17/Seventh A venue Trail, from the Consent/terns for discussion. Add Item l6a,
Reschedule Meeting for November 6; Item I7a, Correction to August 14,2001, Minutes; and
Item17b, Update on Bill's Superette.
Motion by Trude, Seconded by Orttel, approval of the Agenda as amended. Motion carried on a 3-
Yes, 2-Absent (Jacobson, Knight) vote.
Regular Andover City Council Meeting
Minutes - October 2, 2001
Page 2
APPROVAL OF MINUTES
September 18,2001, Regular Meeting: Correct as written.
September 18,2001, Special Closed Meeting: Correct as written.
September 19,2001, Special Meeting: Correct as written.
Motion by Trude, Seconded by Orttel, approval of all Minutes as presented, September 18 Regular,
September 18 Special Closed, September 19 Special Meeting Minutes of the City Council. Motion
carried on a 3- Yes, 2-Absent (Jacobson, Knight) vote.
PLAQUE PRESENTATION/DA VE O'TOOLE
Mayor Gamache presented a plaque of appreciation for Dave O'Toole for his many years of service
to the City. Councilmembers Trude and Orttel also expressed their appreciation for the work he has
done in the City and for being a model member of the Park and Recreation Commission.
CONSENT ITEMS
Item 1. Acknowledge Termination of ContractlPeach Associates, Inc.
Item 2. Declare Cost/OI-23/3408 142nd Avenue NW/Watermain (See Resolution RI43-0I)
Item 3. Acknowledge Park and Recreation Commission Meeting Guidelines and Public
Hearing Citizen Participation Protocol
Item 4. Acknowledge Planning and Zoning Commission Meeting Guidelines and Public
Hearing Citizens Participation Protocol
Item 6. Waive Public Hearing/Adopt Assessment RoII/01-8/732 140'h Lane NW/Sanitary
Sewer and Watermain (See Resolution RI44-01)
Item 7. Waive Public Hearing/Adopt Assessment RoI1/99-37/1680 Andover Boulevard
NW/Sanitary Sewer and Watermain (See Resolution RI45-01)
Item 8. Reduce Escrow/Developer ImprovementslNorth Valley Ridge
Item 9. Accept Petition/01-27/Creekside Estates 2nd Addition (See Resolution RI46-01)
Item 10. Reduce Escrow/Developer Improvements/Woodland Oaks
Item 12. Approve Amendment to Ordinance No. 219, An Ordinance Regulating and
Controlling Weeds and Other Harmful Vegetation
Item 13. Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2001
Delinquent Utility Service Charges (See Resolution RI47-0l)
Motion by Trude, Seconded by Orttel, approval of the Consent Agenda as just read. Motion carried
on a 3- Yes, 2-Absent (Jacobson, Knight) vote.
_ J __~
Regular Andover City Council Meeting
Minutes - October 2, 2001
Page 3
DECLARE COST/ORDER ASSESSMENT ROLU99-35/WOODLAND ESTATES ]^'D
ADDITION
Mr. Erar stated Staff discussed the possibility of this item being pulled from the Agenda. It was felt
that the City's process is the same one used for some time. He didn't understand why this needed to
be tabled. The City doesn't want to get in the position that each process used is questioned and
challenged. Attorney Hawkins stated this is just declaring costs and ordering the preparation ofthe
assessment roll in accordance with the City's current policy. The process is in place to certify this
year, and he felt this process should continue. The City's policies are being challenged in a lawsuit
brought against the City by Woodland Development. He didn't anticipate there will be change in the
cost of the improvement because of the City's policies, He saw no reason to continue this.
Byron Westlund, Woodland Development, asked that it be tabled so their legal counsel can speak
with the legal counsel the City has appointed to make sure their objections are noted to the costs of
this particular project. Councilmember Orttel asked if it doesn't make sense to declare the costs first.
Mr. Westlund stated he is not able to answer that. This has been on-going for a year. Another two
weeks gives them the opportunity to review this. They just received the packet of information on
Friday. He called yesterday asking that this be removed and was told the management has decided
not to remove it. Mr. Erickson stated this assessment is being held internally, so it doesn't need to be
certified to the county. They are accruing interest. This was tabled previously at the developer's
request to review it. Staff is bringing this forward at this time. Mr. Westlund received the
information Friday that this was being put on the Agenda, but they have already had time to review
it. He didn't think this is jeopardizing the rights of either party regarding the pending litigation.
Motion by Trude, Seconded by Orttel, for approval of this item (See Resolution R 148-0 I declaring
costs and ordering assessment roll for Project 99-35/Woodland Estates 2nd Addition) Motion carried
on a 3- Yes, 2-Absent (Jacobson, Knight) vote.
APPROVE QUOTES/00-17/SEVENTH A VENUE TRAIL
Motion by Orttel, Seconded by Trude, approval of the quotes for the trail on Seventh Avenue and
award it to W. B. Miller, Inc., for $26,039.25. Motion carried on a 3-Yes, 2-Absent (Jacobson,
Knight) vote.
APPROVE AMENDED SPECIAL USE PERMIT/PUD/ALTERNA TE TOWN HOME
DESIGN/NATURE'S RUN, CONTINUED
Mr. Carlberg noted the request from the applicant for the item to be tabled to the October 16 meeting
when all Councilmembers will be present. Colored elevations were submitted this week.
Regular Andover City Council Meeting
Minutes - October 2, 2001
Page 4
(Amended Special Use Permit/PUD/Alternate Townhome Design, Nature's Run, Continued)
Motion by Orttel, Seconded by Trude, to table Item 14 to October 16. Motion carried on a 3- Yes, 2-
Absent (Jacobson, Knight) vote.
DISCUSS USE OF CUSHMANIPUBLIC WORKS
Mr. Erickson explained the Park and Recreation Commission has requested the Council consider
restricting the use of the City's Cushman Truckster for youth related tournaments only. The cushman
is used to maintain the ball fields. Now it is allowed to be rented for $75 and a deposit. Under the
Commission's proposal, adult organizations would have the City maintain the fields or they would
provide other means of maintaining the fields themselves without the use of City equipment. Staff
feels the current process has been working well. There haven't been any problems or issues with the
use of the cushman.
Park and Recreation Commission Chairperson Valerie Holthus stated the Commission feels for-
profit groups should pay to use the cushman. The issue has been with Pov's, which is clearly a for-
profit organization. They have a tournament this coming weekend, and they have said they will be
maintaining the fields themselves. The Athletic Association raised some money toward the cushion,
though the City does have two cushmans. Todd Haas, Assistant City Engineer, explained for-profit
organizations can opt to have the City do the maintenance of the fields for a fee. Or they can provide
that maintenance on their own. At their last tournament, Pov's came up and asked if they could use
the cushman. As long as they filled out the application and paid the fee, the City let them use it. They
must also have a deposit and go through a training session. The problem was they submitted the
application to use the field as a nonprofit organization. Councilmember Orttel thought it would
make more sense to determine the value of the cushman. How much is it worth per hour? Then add
that amount to the fee.
Dave Blackstad, Park and Recreation Commissioner, stated the application was signed by the
softball director of Po v's. He asked ifit was nonprofit, and the answer was yes. He clarified that they
did not want maintenance and that they wouldn't be able to bring the cushman over there. He also
clarified that they intended to do the maintenance with rakes. However, during the tournament the
City's cushman was being used for a small fee. He didn't feel it was fair because in fact they are a
for-profit group and should be paying their fair share for field maintenance. The only difference
between a nonprofit and for-profit organization to use the fields is the damage deposit, but there is a
big difference when signing up for field maintenance. It is between $250 and $300 for the weekend
for City Staff to come in to maintain the fields during tournaments. Commissioner Blackstad also felt
there should be some Staff at the adult tournaments to safeguard the fields, especially when it is
raining. He has also noticed violations in the parking lot following adult tournaments. Commissioner
Blackstad stated the use of the cushman by the athletic associations has worked well. In his opinion,
it is the profit organizations that should pay.
Regular Andover City Council Meeting
Minutes - October 2,2001
Page 5
(Discuss Use of Cushman/Public Works, Continued)
Mr. Erar stated Staff can come back with a recommendation for an appropriate fee that a profit
organization would pay to use the cushman. With regard to the status of Po v's applications, he felt
there are ways of verifYing whether or not a group is nonprofit. He suggested any additional fees to
be paid by for-profit organizations to use the cushman should be included in the Resolution that will
be considered by the Council which establishes fees for the year 2002.
It was also determined that the application to use the cushman must be submitted one week prior to
the tournament. Since an application has not yet been submitted, its use for this weekend is a non-
issue. Council asked Staff to bring back a proposed fee schedule for next year regarding the use of
the cushman by profit organizations. It was also suggested that the Sheriff s Department be asked to
patrol the parking lot at the end of the tournament to curtail illegal activities.
CONSIDER APPROVAVJOINT POWERAGREEMENT AMENDMENTS (SECTION 1.5)/01-
1/NEW BALL FIELD FACILITY
Mayor Gamache noted the school district wants electricity brought to all three of the fields and they
want to City to fund the cost of installing the electric lines to them.
Todd Haas, Assistant City Engineer, stated the Park and Recreation Commission does not support
the City paying for the electricity. Mayor Gamache agreed the City has no need for the electricity on
some of the fields. For the school district it is apparently a Title 9 issue that it would have to be
brought to all three softball fields. They have also said netting may be needed off the baseball fields.
The Task Force adamantly refused to have the City pay for that. He did feel, however, that the City
needs to pay the $6,900 to provide electricity to the three fields even though he is not happy with it.
He anticipated that this is the final issue. Councilmember Trude understood the school district will
be providing the portable bleachers. The school district did provide the funding for the signalization
of Crosstown Boulevard and Andover Boulevard. The City does have funds available for this from
the original amount reserved for the high school.
Motion by Trude, Seconded by Orttel, to amend the joint powers agreement and to approve it.
(Amendment to Section 2.5 to read: The City of Andover will install electrical lines to all three new
city ball fields with the on-going energy and maintenance of the electrical system being the
responsibility of the school district.) Motion carried on a 3- Yes, 2-Absent (Jacobson, Knight) vote.
RESCHEDULE MEETING TIME/NOVEMBER 6, 1001
Motion by Orttel, Seconded by Trude, to reschedule the first regularly scheduled meeting on
November 6 to 8:01 due to the school board elections. Motion carried on a 3-Yes, 2-Absent
(Jacobson, Knight) vote.
r . . .. .
Regular Andover City Council Meeting
Minutes - October 2, 2001
Page 6
SCHEDULE COUNCIL WORKSHOP/COMPREHENSIVE PLAN ISSUES
Motion by Orttel, Seconded by Trude, to schedule a City Council workshop on October 23 with the
two items of Comprehensive Plan Issues and Transportation Issues. Motion carried on a 3- Yes, 2-
Absent (Jacobson, Knight) vote.
CORRECTION TO AUGUST 14,1001, MINUTES
August 14, 2001, Special Council Minutes: Page I, second paragraph under Amendment to
Ordinance 216, second to last sentence, delete and insert "Administrator Erar, in response to Council
questions, indicated that he felt there was a high caliber staff in Andover, and that he did not see the
same types of organizational issues he first encountered in his former city."
Motion by Trude, Seconded by Orttel, the correction as proposed of the Minutes of August 14.
Motion carried on a 3- Yes, 2-Absent (Jacobson, Knight) vote.
UPDATE ON BILL'S SUPERETTE
Mr. Carlberg stated he met with representatives of Rademacher. They indicated that the site off
Hanson Boulevard is their number two site on plans for construction. They are moving forward with
plans for a superette on this site. The City has already reviewed and approved the site plans. Since it
has been some years since that review, he asked them to be able to review the plans again to make
sure there aren't any new regulations that need to be met. The Council can initiate rezonings, but a
rezoning to Limited Business does not eliminate the use. The only difference is a Special Use Permit
would be required for this type of service station or convenience store. Rademacher received a
Special Use Permit for the fuel pumps in 1988. There was no sunset clause. The City did not institute
sunset clauses until 1990.
Councilmember Orttel asked if the City can amend the ordinance or adopt a new ordinance for a
sunset clause on all Permits. New ordinances have made it clear that there should be a buffer.
Attorney Hawkins stated the ordinance passed in 1990 did not apply retroactively. If the
circumstances change, the City has the right to make changes in the ordinances and regulations. If the
City can show that with the development of the surrounding area the zoning classification and
Special Use Permit issued are no longer appropriate to the area and if the landowner has not taken
sufficient action to obtain vested rights under the ordinance, he felt the City's case would be more
defensible. Generally they need something in the ground to have a vested right to continue, but
sometimes it is the amount of money spent. He didn't know what the court would look at. The
Council has to determine what it wants to do out there - change the planning or change the zoning
classification. He suggested the Staff be directed to look into it.
'PrI.-\i'1 (,,~
~ Fugina. ISII 138th Lane - stated there was unanimous neighborhood opposition to the
construction of a Bill's Superette on that site when this came before the Council in 1996. More
Regular Andover City Council Meeting
Minutes - October 2, 2001
Page 7
(Update on Bill's Superette, Continued) He.
houses have been built in the neighborhood. A number of houses abut the pond. -She felt the
neighborhood is still opposed and would support that property being rezoned to Limited Business
and used for something better. There were almost no houses in the neighborhood when the Permit
was issued in 1988. Now it is al.:F fully developed. They had over 300 people join the association
to oppose the project in §. ~so questioned whether a service station could be built in the
Limited Business zone. e..didn't think gas storage and a convenience store would be considered
retail trade and services. E!.would also support a resolution to start the clock running on a sunset
clause. AHErJb~b ID - Ip-ol
Council discussed some options and then directed Staff to meet with the City Attorney to explore the
possibilities for making a change and whether or not that could be legally sustained. Part of the
review would be to look at the changes to the surrounding area that have occurred since the issuance
of the Special Use Permit, to look at the different types oflimited business activities that could be
applied on that site, to look at all open Special Use Permit sites that do not have sunset clauses and to
look at whether or not the ordinance could be changed to provide for some type of retroactive sunset
provIsIOn.
PAYMENT OF CLAIMS
Motion by Trude, Seconded by Orttel, the payment of Claims. Motion carried on a 3- Yes, 2-Absent
(Jacobson, Knight) vote.
MAYOR/COUNCIL INPUT
Boy Scouts at the next meeting - Councilmember Trude announced a Boy Scouts troop will be
attending the next Council meeting. She asked that special attention be given to helping them
understand what is going on.
Andover Boulevard/Crosstown Boulevard update - Mr. Erickson anticipated the roads will remain
closed until October 12. The intersection of Andover and Crosstown Boulevards is being
reconstructed and turn lanes added. The intersection will be signalized next year, but all the
underground utilities are being put in at this time.
Fire Department open house - Fire Chief Dan Winkel invited everyone to an open house at the Fire
Station No. I on October 11,6 to 8 p.m.
The Council recessed at this time to meet in executive session with the City Attorney on issues
relating to the roofing problems at the Fire Stations, 8:21; reconvened at 8:39 p.m.
Regular Andover City Council Meeting
Minutes - October 2, 2001
Page 8
FIRE STATION FACILITY ISSUES-POTENTIAL LITIGATION
Following the Executive Session on issues related to the Fire Station facilities, the Council agreed to
authorize the needed repairs to the Fire Station buildings.
Motion by Orttel, Seconded by Trude, that the City Council authorize Staff to proceed with the
remedy for Fire Stations No. I and No.2, and also to have the City Administrator work with the City
Attorney to research preliminarily what legal actions the City should take. Motion carried on a 3-
Yes, 2-Absent (Jacobson, Knight) vote.
ADJOURNMENT
Motion by Orttel, Seconded by Trude, to adjourn. Motion carried on a 3- Yes, 2-Absent (Jacobson,
Knight) vote.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
~~~
Marcella A. Peach
Recording Secretary