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Home My WebLink AboutCC August 7, 2001 OOÎ.>\L-c.k- Q4...J lJ}LU:bJ) 'Fr/z.ifò' 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, August 7, 2001 Call to Order - 7:00 PM Resident Forum Agenda Approval Approval of Minutes (7/17/01) Consent Items 1. Accept Feasibility Report/Waive Public HearinglOO-43/Natures Run - Engineering 2. Approve Variance (V AR 01-02)/ Side Yard Setbackl3924 139th Lane NW/Gordhamer - Planning 3. Appointment Recommendation - Administration 4. Approve Change Order # 1/01-2 to 00-18/New Ball Field Facility - Engineering 5. Approve Compensating Change Order #2/98-28/Shadowbrook 5'h Addition - Engineering 6. Approve Final Payment/98-28/Shadowbrook 5th Addition - Engineering 7. Approve Resolution/98-20/Fiscal Agent/Bunker Lake Blvd. Underpass - Engineering 8. Approve Final Payment/00-27/2000 Overlays - Engineering 9. Approve Change Order #1/00-44/Hidden Creek North Park Irrigation - Engineering 10. Approve Final Payment/00-44/Hidden Creek Nortb Park Irrigation - Engineering 11. Accept Petition/Order Feasibility Report/01-20/Devonshire Estates - Engineering 12. Approve Letter of Credit Reduction/Special Assessment/97-5/Woodland Estates - Finance Discussion Items 13. Approve Amended Special Use Permit/PUD/ Alternate Townhome DesignlNature's Run Cont. - Planning 14. Approve Amendment to Ordinance No. 240, Firearm and Bow Discharge Ordinance- Planning 15. Approve Exemption to Ordinance No. 240/ To Allow A Controlled Archery Deer Hunt/Bunker Hills Regional ParklAnoka County - Planning 16. Approve Plans & Specs/01-12/New Elementary School & Verdin Street Improvements - Engineering 17. Appoint Additional Members to Sports Complex Task Force (Supplemental) - Administration 18. Consider Agreement/Codification of Ordinances - Clerk 19. Grey Oaks Development - PUD Requirements (Supplemental) - Community Development Staff Items 20. Schedule Annual Council Goal-Setting Workshop/September 22 & September 29 - Administration 21. Schedule City Council Workshop - 2002 Budget/August 28 at 7:00 p.m. - Administration Mayor/Council Input Payment of Claims Adjournment - ~ - -~ - , ~ Q..Q./ ~ sl'2.IIM REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 7,1001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. I AGENDA APPROV AL............................................................................................................. I APPROVAL OF MINUTES...................................................................................................... 2 APPOINTMENT RECOMMENDATION (Human Resources Manager) Motion to appoint Dana Peitso as Human Resource manager.............................................. 3 CONSENT AGENDA Resolution R112-01 accepting feasibility/Waiving public hearinglOO-43/Nature's Run .....3 Resolution RII3-01 approving variance (V AR 01-02/Side yard setback/3924 139'h Ln..... 3 Resolution R114-01 approving change order #1/01-2 to OO-18/New ball fields.................. 3 Resolution R115-01 approving compensating change order #2/98-28/Shadowbrook 5'h .... 3 Resolution R116-01 approving final payment/98-28/Shadowbrook 5th ............................... 3 Resolution R117-01 approving 98-201Fiscal agentIBunker Lake Blvd underpass............... 3 Resolution R118-01 approving final payment/OO-27/2000 overlays.................................... 3 Resolution R119-01 approving change order #1/00-44/Hidden Creek N park irrigation..... 3 Resolution R120-01 approving final payment/OO-44/Hidden Creek N park irrigation ........ 3 Resolution R121-01 accepting petition/Ordering feasibility/01-20/Devonshire Estates...... 3 Approve Letter of Credit reduction/Special assessment/97-5/Woodland Estates................. 3 SPECIAL USE PERMIT/PUD/ALTERNATE TOWN HOME DESIGN/NATURE'S RUN Motion to table to August 21 per the request of the developer............................................. 3 AMENDMENT TO ORDINANCE NO. 240, FIREARM AND BOW DISCHARGE Motion to approve ordinance amendment ............................................................................ 4 EXEMPTION TO ORDINANCE NO. 240rrO ALLOW A CONTROLLED ARCHERY DEER HUNT/BUNKER HILLS REGIONAL PARK/ANOKA COUNTY Motion to approve ................................................................................................................. 4 PLANS AND SPECS/01-12/NEW ELEMENTARY SCHOOL & VERDIN STREET IMPROVEMENTS Resolution R122-01 approving plans and specs and authorizing prices to be obtained .......4 APPOINT ADDITIONAL MEMBERS TO SPORTS COMPLEX TASK FORCE ................. 4 Motion to appoint.................................................................................................................. 5 CONSIDER AGREEMENT/CODIFICATION OF ORDINANCES Motion to approve quotes and award contract to Sterling Codifiers, Inc. ............................ 5 GREY OAKS DEVELOPMENT - PUD REQUIREMENTS................................................... 5 SCHEDULE ANNUAL COUNCIL GOAL-SETTING WORKSHOP Motion to schedule workshop on September 22, 9:00 a.m. .................................................. 8 SCHEDULE CITY COUNCIL WORKSHOP 0- 2002 BUDGET Motion to schedule August 28,7 p.m. for budget workshop................................................ 8 MAYOR/COUNCIL INPUT Andover Station update......................................................................................................... 8 School boundary issues ......................................................................................................... 8 RECOGNITION OF BASEBALL TEAM................................................................................. 8 APPROVAL OF CLAIMS ........................................................................................................ 9 ADJOURNMENT...................................................................................................................... 9 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING -AUGUST 7, 1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Ken Orttel, August 7, 2001, 7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight Councilmembers absent: Mayor Mike Gamache, Julie Trude Also present: City Attorney, William G. Hawkins Fire Chief, Dan Winkel City Clerk, Vicki Volk City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, John Erar Others RESIDENT FORUM Fire Chief Dan Winkel - informed the Council of a house fire ten days ago resulting from a lightening strike. A handicapped person was trapped inside. The first responder arrived four minutes after the page and verified the trapped person. The house was fully involved. Firefighter Dave Reitan, Anoka County Deputy Tim Day and a neighbor entered the burning structure to lift the individual in his wheel chair and carry him safely out of the house. The Chief wanted to acknowledge and thank those individuals for their heroism, noting letters of commendation will be sent to them. Since then the Department also had another house fIre due to lightening, which is very unusual, AGENDA APPROVAL Pull from the Consent Agenda for discussion, Item 3, Appointment Recommendation (Human Resources Manager). Motion by Jacobson, Seconded by Knight, approval of the Agenda as amended. Motion carried on a 3-Yes, 2-Absent (Gamache, Trude) vote. Regular Andover City Council Meeting Minutes - August 7, 2001 Page 2 APPROVAL OF MINUTES July 17, 2001, Regular Council Meeting: Page 6, Motion to approve Project 00-5, third line, delete the word "add". Page 8, Council Chambers Technology, 5th line, change to read: "...$125,000 needed to upgrade each of the four cities." Motion by Knight, Seconded by Jacobson, approval of the Minutes as corrected. Motion carried on a 3-Yes, 2-Absent (Gamache, Trude) vote. APPOINTMENT RECOMMENDATION (HUMAN RESOURCES MANAGER) Mr. Erar explained the 200 I Budget authorized the funding of a human resources position. The final determination of part-time or contracting for the position was to be left up to the administrator. He did discuss the position with the individual members of the Personnel Committee. It was determined that a Human Resources Manager was the type of position needed to meet the current and future organizational needs. The position will not exceed the $25,000 for the 200 I Budget year. The salary offered falls in line with the pay equity rates. Councilmember Jacobson raised several issues on the process that took place, which resulted in an offer being made. Acting Mayor Orttel stated members of the Personnel Committee individually discussed the item with Mr. Erar. They did not hold a meeting. It was agreed, at least on his part, that this is what is needed. He recalled at one time discussing the possibility of sharing the position with another City or a part-time position. It was determined neither would work, that a full-time individual is needed. They felt Mr. Dickinson and Mr. Erar were spending a lot of time on personnel issues, time that could better be spent elsewhere. Councilmember Jacobson understood the $25,000 was for a part-time Human Resources person or a lower-level type person rather than what is being proposed. It has gone from a $25,000 to a $65,000 position, and that concerns him. Where will this person be located in the building? What additional support staff will be needed? He understood this person has already resigned her position to accept this offer. Mr. Erar indicated room would be made by changing the physical setting in the administrative area. This position will work in conjunction with his office using existing clerical staff, so no additional support staff will be required. As the community grows, there are a number of human resource issues that need to be handled. He understood the position was to be either a human resource specialist or a contract. A part-time person would not meet the needs of the City organization. This person will be dealing with a lot of higher level things such as handling the salaries, the personnel policy, training, personnel management, negotiations with the union, Staff benefits, Workers' Compensation, unemployment claims, to name a few. Councilmember Knight felt the Council should be involved in the decision making when dealing with a position of this level. Acting Mayor Orttel asked about the salary range. Mr. Erar stated it is consistent with the state guidelines for the position with those responsibilities. The job description was based on a similar position he is familiar with in another community. That description was .- - - - - ~-- Regular Andover City Council Meeting Minutes - August 7, 2001 Page 3 (Appointment Recommendation - Human Resources Manager, Continued) placed on the City's Web site, plus advertised in the local and Twin Cities papers. Councilmember Jacobson felt the Council has no choice since the offer was made and accepted. He felt it is a communication issue between the administrator and the City Council, thinking that was the cause of the misunderstanding. Acting Mayor Orttel stated the issue is whether the budget is a financial document or a mission statement. That has to be worked out between the administrator and the Council. Motion by Jacobson, Seconded by Knight, to accept the recommendation (to appoint Ms. Dana Peitso as Human Resources Manager) Motion carried on a 3-Yes, 2-Absent (Gamache, Trude) vote. CONSENT AGENDA Item I Accept Feasibility ReportlWaive Public HearinglOO-43/Nature's Run (See Resolution RI12-01) Item 2 Approve Variance (V AR OJ-02)/Side Yard Setback/3924 139'h Lane NW/Gordhamer (See Resolution RI13-01) Item 4 Approve Change Order #1101-2 to 00-18/New Ball Field Facility (See Resolution RI14-01) Item S Approve Compensating Change Order #2/98-28/Shadowbrook S'h Addition (See Resolution RlIS-OI) Item 6 Approve Final Payment/98-28/Shadowbrook Sth Addition (See Resolution RI16-01) Item 7 Approve Resolution/98-20/Fiscal Agent/Bunker Lake Boulevard Underpass (See Resolution RII7-01) Item 8 Approve Final Payment/OO-27/2000 Overlays (See Resolution RJI8-01) Item 9 Approve Change Order #1I00-44/Hidden Creek North Park Irrigation (See Resolution RII9-01) Item 10 Approve Final Payment/OO-44/Hidden Creek North Park Irrigation (See Resolution RI20-01) Item II Accept Petition/Order Feasibility Report/OI-20/Devonshire Estates (See Resolution RI21-0J) Item 12 Approve Letter of Credit Reduction/Special Assessment/97-S/Woodland Estates Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda. Motion carried on a 3-Yes, 2-Absent (Gamache, Trude) vote. AMENDED SPECIAL USE PERMITIPUDIALTERNATE TOWNHOME DESIGN/NATURE'S RUN Motion by Jacobson, Seconded by Knight, to table the item until the meeting on August 21 as requested by the developer. Motion carried on a 3- Yes, 2-Absent (Gamache, Trude) vote. . .. . - - -- Regular Andover City Council Meeting Minutes -August 7,2001 Page 4 APPROVE AMENDMENT TO ORDINANCE NO. 140, FIREARM AND BOW DISCHARGE ORDINANCE Mr. Carlberg explained the amendment provides an exemption clause that allows the City Council the authority to grant exemptions to the ordinance for the purpose of controlling and managing wildlife populations with the support of the Minnesota Department of Natural Resources. Anoka County has requested the ability to allow controlled bow hunting for deer in the parks to manage the deer population. The next item is the County's request for a controlled archery deer hunt at Bunker Hills Regional Park on specific dates. Motion by Knight, Seconded by Jacobson, approval of the ordinance changes. Motion carried on a 3- Yes, 2-Absent (Gamache, Trude) vote. APPROVE EXEMPTION TO ORDINANCE NO. 240nOALLOW A CONTROLLED ARCHERY DEER HUNTIBUNKER HILLS REGIONAL PARK/ANOKA COUNTY Motion by Jacobson, Seconded by Knight, approval of the request. Motion carried on a 3- Yes, 2- Absent (Gamache, Trude) vote. APPROVE PLANS AND SPECSI01-11/NEW ELEMENTARY SCHOOL AND VERDIN STREET IMPROVEMENTS Mr. Erickson explained the request is to approve plans and specifications for the reconstruction of Verdin Street at the entrance to the new Rum River Elementary School. Turn lanes will be constructed from the north and south. It is a safety issue. Verdin is a county road, but the City is the lead agency. The school district will pay for all costs of the improvements. The goal is to have this completed before the opening of school in September. That may not happen, but it will be done as rapidly as possible. He noted there has also been discussions on sidewalks to the school. The intent is to review that later in the fall and to meet with the adjacent neighbors to discuss options. Motion by Knight, Seconded by Jacobson, approving the Resolution (See Resolution R122-0l approving final plans and specifications and authorizing prices to be obtained to perform the work for Project No. 01-12) Motion carried on a 3-Yes, 2-Absent (Gamache, Trude) vote. APPOINT ADDITIONAL MEMBERS TO SPORTS COMPLEX TASK FORCE Mr. Erar explained the Sports Complex Task Force has suggested additional members be added for greater diversity. The following individuals have expressed an interest in participating as Task Force members: Valerie Holthus, Park and Recreation Commission; Mark Hedin and Dean R. Daninger, Planning and Zoning Commission; Julie Johnson and Kathe Runge, Andover Residents. - ~- - - Regular Andover City Council Meeting Minutes - August 7, 2001 Page 5 (Appoint Additional Members to Sports Complex Task Force, Continued) Motion by Jacobson, Seconded by Knight, to appoint them, assuming the people listed are interested in joining the Task Force. Motion carried on a 3- Yes, 2-Absent (Gamache, Trude) vote. CONSIDER AGREEMENT/CODIFICATION OF ORDINANCES Ms. Volk asked the Council to consider the codification of the City's ordinances as well as putting them on the City's Web site for resident, Council and Staff use. She explained on the Internet, a resident would type in a word, and all parts of the ordinances that have that word will show up on the screen. She also reviewed the differences in quotes between Sterling Codifiers and the League of Minnesota Cities. She felt the Sterling Codifiers' base price is more inclusive and would be more cost effective. Councilmember Jacobson stated he tried out the program now being used by another city and found that pages and pages of paragraphs were brought up for some words. He felt that has to be narrowed down. Mr. Erar stated if approved, the 2002 Budget would reflect payment to be made to Sterling Codifiers as well as the maintenance charges each year. They maintain the server, and any maintenance would be at their cost. Attorney Hawkins advised when this is being done, Sterling Codifiers will be analyzing the ordinances and advising on what provisions are no longer enforceable or out of date. The finished product may have additions and changes; therefore, he felt a public hearing might be needed when this is completed. He stated if Sterling Codifiers completes the contract and the City makes the payments, the finished product belongs to the City. Ms. Volk stated the City would have a CD-ROM of the codified ordinances. Motion by Knight, Seconded by Jacobson, approval of the quotes and to award the contract to Sterling Codifiers, Inc. Motion carried on a 3-Yes, 2-Absent (Gamache, Trude) vote. GREY OAKS DEVELOPMENT - PUD REQUIREMENTS Mr. Carlberg asked the Council to discuss two issues regarding the Planned Unit Development of Grey Oaks. The issues are the design characteristics of the town homes in relation to the 30- and 65- unit buildings, and the full basement versus crawl space design on half of the 38 town home units.' The PUD was approved on March 2, 1999 but the plans for the town homes were not submitted at that time. In June 2000, the Council approved a revision to the preliminary plat with the condition that the Building Department will enforce the regulation that all residential buildings have similar design characteristics. Staff met with Jerry and Carol Windschitl on July 20,2001 and discussed the design characteristics of the town homes. Staff and the Andover Review Committee have taken the position that what has been presented is not compatible. It was suggested that possibly some stucco treatment would carry the theme from the apartment buildings. Mr. Carlberg stated the intent was to have a campus setting with similar materials, colors and architecture. The town homes have been proposed to have some brick with the remainder being vinyl siding. The City requires color - _. ... - .- Regular Andover City Council Meeting Minutes - August 7, 2001 Page 6 (Grey Oaks Development - PUD Requirements, Continued) elevations, which have not been received from the developer. The developer has since submitted a letter taking the position that he believes the town home plans do meet the compatibility issue. Mr. Carlberg reported on the other issue regarding basements. When the PUD was approved, full basements were shown. Due to an error made by the developer's engineer, full basements cannot be achieved on about half of the units. Instead, a six-foot crawl space is being proposed. Steve Nash, attorney representing the developer, didn't know about this meeting untilS o'clock this afternoon. He was concerned with the compatibility issue. Who decides this? They have had no feedback from the Building Department that building standards have not been met. Mr. Carlberg responded he, Building Official Dave Almgren and Mr. Erar met with the Windschitls and suggested some things that could be done. It is in the hands of the developer and his architect to come up with ideas to integrate the materials and design characteristics of the larger units into the town home units. Mr. Nash stated nothing in the approvals say they have to use every single type of material to make it similar in design. Their designer has said stucco would not look good on the town home units because the garage jets out and it would be overpowering. Both buildings have similar roof lines, dormers, windows, brick, vinyl and earth tone colors. It is in the developer's best interest to be compatible. Mr. Carlberg again stated Staff had made suggestions at the meeting. Since then the letter was received from Mr. Windschitl that he does not agree there is a compatibility issue. This is before the Council to provide direction. Staff is asking them to submit building elevations and to present building materials and design characteristics, which will help in determining compatibility. Jay Windschitl, developer, stated the units will be sold individually. They have two plans but the exteriors are basically identical. He sat down with the architect to come up with something similar to the apartment buildings. There is brick on the front for accent. Stucco looks nice on the larger buildings, but it looks foolish when put on the garage gables. Councilmember Jacobson reviewed the points submitted by Jerry Windschitl regarding this issue. He felt most were irrelevant, noting the City hasn't seen any design, color or materials at this point. All of the units are to have similar design characteristics. When will the City see the colored renderings? Mr. Nash argued similar does not mean the same. Jay Windschitl stated they are willing to submit colored renderings, but they do not know what the City is looking for. How can they guess what things are similar? They thought they had taken the features from the apartments and carried them through to the town homes. There is no record saying they have to use exactly the same material. Councilmember Jacobson pointed out the City doesn't know what they are using because the materials have not been presented. Acting Mayor Orttel agreed stucco on the garage gable would not look good. But the City doesn't have the samples of materials. Possibly some stucco above the brick behind the wrought iron would work or having pillars similar to the other buildings. It is the campus look and atmosphere that the City is looking for. This is such a small issue, he hated to see the project delayed because of it. - -. - _. - , Regular Andover City Council Meeting Minutes - August 7, 2001 Page 7 (Grey Oaks Development - PUD Requirements, Continued) Councilmember Jacobson asked that since the ordinances have changed since this was approved, would the new requirements apply because the basement elevations are being changed? Attorney Hawkins didn't believe so. The language in the original approval intended to review this on the standards in place at that time. The City is to review and enforce the regulations that have to do with design characteristics and basement elevations without going through the process again. This is not amending the PUD but more of an interpretation. The majority of the quorum present would be able to approve this. After further discussion, to resolve the issue Council suggested the developer consider stucco above the brick behind the wrought iron or possibly carry the same type of píllars to the town home. It was felt only a couple minor things need to be changed to be compatible with the other buildings. Possibly their architect can carry some design characteristics .&om the apartments to the town homes. The City needs the colored elevations with samples of the brick, siding and roofing. Mr. Carlberg stated once these items are in, the Building Department and Review Committee will look at it for compatibility. If they agree, it is a moot issue. If there aren't any changes and the Building Departments still feels the town home designs are not compatible, it will come back to the City Council. Discussion was then on the basement issue. Mr. Carlberg stated 16 of the 38 units would have crawl spaces. Jay Windschitl stated they could not raise the first floor level because it would mean five to six steps in the garage and at the front door as opposed to the two steps now being proposed. That would be too many steps for the empty nester population they will be marketing to. The number of steps for split-level houses creates the same problem. Council questioned the value of a house with a six-foot crawl space, thinking the value would be much greater with the additional steps. Mr. Nash again noted they would be marketing to the older population, who are looking for minimum steps. Also, they don't agree the problem resulted from an error made by their engineer. They feel the error resulted because some streets are not built up to the elevation they should be. Many buildings in Andover don't have full basements because of topography. Councilmember Jacobson didn't agree with the crawl spaces. This is a PUD which was presented with full basements. There was some discussion about storm shelters. A six-foot crawl space is not a basement. It is a problem because of aesthetics, storage and safety. Acting Mayor Orttel didn't think it was a safety issue, but the City required basements and seniors and empty nesters want them. Mr. Erickson stated he talked with the developer and his engineer. An option would be to look at the driveway grade. Another option is to re-evaluate the ground water elevation. The developer could hire a geotechnical engineer to look at it in more detail to see if their original assessments were correct or if there is some consideration. A three-foot separation is needed between the water table and the basement. Councilmember Knight preferred to vary from the three-foot separation rather than have six-foot crawl spaces. Mr. Windschitl stated they can look at that again. They too would rather have full basements. - -. -~-- Regular Andover City Council Meeting Minutes -August 7,2001 Page 8 (Grey Oaks Development - PUD Requirements, Continued) In summary, it was agreed the developer would do additional soil borings or have a geotechnical engineer determine if the floor elevations can be lowered to accommodate full basements. The developer also agreed to submit the necessary drawings and materials on the town house designs. SCHEDULE ANNUAL COUNCIL GOAL-SETTING WORKSHOP Motion by Jacobson, Seconded by Knight, to schedule September 22, 9:00 a.m. for the goal-setting workshop. Motion carried on a 3- Yes, 2-Absent (Gamache, Trude) vote. SCHEDULE CITY COUNCIL WORKSHOP-2002 BUDGET Motion by Jacobson, Seconded by Knight, to schedule Tuesday, August 28, 7 p.m., for a budget workshop. Motion carried on a 3-Yes, 2-Absent (Gamache, Trude) vote. MAYOR/COUNCIL INPUT Andover Station update - Attorney Hawkins advised that the paperwork has not yet been signed for the sale of the property. The delay has not been on the part of the City. The purchaser has asked to meet with Mr. Carlberg. Apparently there are still some issues between the purchaser and the proposed developer of the housing segment. School boundary issues - Councilmember Knight stated he received another call regarding the school boundaries. Andover residents who must go to Anoka High School are frustrated and are feeling very left out. He wondered if there is anything the City can do. He felt it would work out if people could have a choice to attend another school. That may leave enough openings in the Andover High School to allow those in Andover but outside the boundary to come here. No action was taken by the Council. RECOGNITION OF BASEBALL TEAM Chuck Schmidt, Coach of the Andover Baseball Team age 12 and under, announced their team finished third in the national tournaments. He introduced the members of the team. The Council congratulated them. _ ~ _ _4 _ Regular Andover City Council Meeting Minutes - August 7, 2001 Page 9 APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Knight, approval of the claims. Motion carried on a 3- Yes, 2- Absent (Gamache, Trude) vote. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried on a 3-Yes, 2-Absent (Gamache, Trude) vote. The meeting adjourned at 8:52 p.m. Respectfully submitted, '~,~J- Recording Secretary - - -.~- --