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HomeMy WebLinkAboutCC July 17, 2001 dI1~ 1-17-01 CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N. W. . ANDOYER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, July 17,2001 Call to Order-7:00 P.M. Agenda Approval Resident Forum a. Update of Street Repairs, Watermain Extensions & City Boulevard Maintenance in Green Acres - Engineering b. Nature's Run Development Concerns - Planning Approval of Minutes (7/3/0 I) Consent Items 1. Accept Feasibility ReportlWaive Public Hearing/99-37/1680 Andover Blvd NW /SS- WM - Engineering 2. Approve Easement Encroachment Agreement/O 1-17/1204 - 151" Ave NW - Engineering 3. Approve Tobacco License/Food n Fuel - Clerk 4. Approve Non-Intoxicating Off Sale Liquor License/Food n Fuel - Clerk 5. Appointment Recommendation - Community Development - Administration 6. Receive Update/Land Use ChangesNamaha Property/Coon Rapids - Planning 7. Approve Amendment to Ordinance No. 216 - Administration 8. Consider Approval of Council Policies - Various - Administration 9. Authorize RFP/Transportation PlanninglProject 01-18 - Engineering 10. Authorize RFP/ Auditor Firms - Finance II. Consider Council Chambers Technology Improvements - Administration 12. Approve Amendment to Ordinance No. 250, Transient Merchant Ordinance - Clerk Discussion Items 13. Receive Anoka County Sheriff Department Monthly Report - Administration 14. Hold Public Hearing/OO-5/Street and Curb Improvements/7th Avenue Area - Engineering 15. Approve Amended Special Use Perrnit/PUD/Alternate Townhome DesignlNature's Run - Planning 16. Review PricinglO 1-2/New Ball Field Facility West of High School, Continued (Supplemental) - Engineering 17. Receive City Development Fee Survey - Planning 18. Approve Amendment to Ordinance No. 214, Tree Preservation - Planning 19. Approve Amendment to Ordinance No. 114, Wetland Buffer - Planning Staff Items 20. Set Date for Ribbon Cutting Ceremony/01-5/New Skateboard Park Grand Opening - Engineering Mayor/Council Input a. Executive Session 1. Pending Litigation - Woodland Development - Administration 2. Pending Litigation - Anoka County - Finance Payment of Claims Adjournment O/~ Î'17-6 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY I 7,2001 TABLE OF CONTENTS AGENDA APPROV AL .......................................................................................................................... I RESIDENT FORUM............................................................................................................................... I APPROVAL OF MINUTES ...................................................................................................................2 CONSENT ITEMS Resolution RI08-01 accepting feasibility report/Waiving public hearing/99-37/1680 Andover Boulevard/Sanitary sewer and watennain .......................................................................2 Approve easement encroachment agreement/01-17/1204 151" Avenue NW .....................................2 Approve tobacco license/Food n Fuel.................................................................................................2 Authorize request for proposals/Auditor firms ...................................................................................2 Approve amendment to Ordinance No. 250, Transient Merchant Ordinance..................................... 2 Resolution R109-01 for special assessment abatement/3512 142'd Avenue NW ...............................2 Resolution RI 10-01 authorizing barricades for National Night Out...................................................2 PUBLIC HEARING: 00-5/STREET AND CURB IMPROVEMENTSI7TH AVE AREA......................3 Resolution RIII-OI ordering the improvement..................................................................................6 NON-INTOXICATING OFF-SALE LIQUOR LICENSE/FOOD N FUEL Motion to approve............................................................................................................................... 6 APPOINTMENT RECOMMENDATION - COMMUNITY DEVELOPMENT Motion to ratifY appointment of David McKay as full-time Associate Planner .................................. 7 RECEIVE UPDA TE/LAND USE CHANGESN AMAHA PROPERTY/COON RAPIDS ...................7 AMENDMENT TO ORDINANCE NO. 216/POSITION OF CITY ADMINISTRATOR and CONSIDER APPROVAL OF COUNCIL POLICIES - VARIOUS Motion to table (to August 14 special meeting).................................................................................. 7 AUTHORIZE RFPffRANSPORTATION PLANNING/PROJECT 01-18 Motion to approve...................................... ........ .............................................................. ................... 8 CONSIDER COUNCIL CHAMBERS TECHNOLOGY IMPROVEMENTS Motion to forward request for equipment upgrades to QCTV Board ................................................. 8 AMENDED SUP/PUD/ALTERNATE TOWNHOME DESIGN/NATURE'S RUN .............................8 REVIEW PRICING/01-2/NEW BALL FIELD FACILITY WEST OF HIGH SCHOOL Motion to approve............................................................................................................................... 9 RECEIVE CITY DEVELOPMENT FEE SURVEY Motion to accept the survey information presented ............................................................................ 9 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT..............................IO AMENDMENT TO ORDINANCE NO. 214, TREE PRESERVATION Motion to approve.......................... ..................... ............................. ......................................... .......... 10 AMENDMENT TO ORDINANCE NO. 114, WETLAND BUFFER.................................................... 10 Motion to approve...............................................................................................................................1 I USE OF COUNCIL CHAMBERS .......................................................................................................... I I Motion to allow the use for Bible study on Sundays in August ..........................................................12 SET DA TE/RIBBON CUTTING/01-5/NEW SKATEBOARD PARK (Aug. 21, 6:30 p.m.) ................12 PAYMENT OF CLAIMS........................................................................................................................12 MAYOR/COUNCIL INPUT Andover Station update ......................................................................................................................12 Report on water levels ........................................................................................................................12 Speeding traffic complaints ................................................................................................................12 Survey being developed by focus group .............................................................................................12 Special work session (August 14, 200t).............................................................................................13 ADJOURNMENT ...................................................................................................................................13 , - - --.., CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JULY 17, 2001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 17,2001,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Ornel, Julie Trude Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, John Erar Others AGENDA APPROVAL Add Item 12-1, Special Assessment Abatement/3512 I 42nd Avenue NW, Item 12-2, Barricades for National Night Out, and Item 19-1, Use of Council Chambers. Table Item 15, Amended Special Use Perrnit/PUD/Alternate Townhome Design/Nature's Run per the request of the developer. Pull ITom the Consent Items for discussion Item 4, Approve Non-Intoxicating Off Sale Liquor LicenseIFood n Fuel; Item 5, Appointment Recommendation - Community Development; Item 6, Receive Update/Land Use Changes/Yamaha Property/Coon Rapids; Item 7, Approve Amendment to Ordinance No. 216; Item 8, Consider Approval of Council Policies - Various; Item 9, Authorize RFPffransportation Planning/Project 01-198; and Item II, Consider Council Chambers Technology Improvements. Items 23, Receive Anoka County SheriffDepartrnent Monthly Report, and 14, Hold Public Hearing/00-5/Street and Curb Improvements/Seventh A venue, are to be discussed prior to the Consent Items. Motion by Knight, Seconded by Trude, to approve the Agenda as amended. Motion carried unanimously. RESIDENT FORUM Charlie Veiman. 13646 Crooked Lake Boulevard - had the pleasUÌ'e of serving on the Andover Fun Fest committee. He wrote a letter on behalf of the residents of Andover thanking everyone who had a hand in the Fun Fest and its success and expressing appreciation for the efforts of the City Staff and others. They did an excellent job. He has also talked with people, and there seems to be a different attitude of the people who work here. They are saying it feels good, and he wanted the .-.....- r Regular Andover City Council Meeting Minutes - July 17, 2001 Page 2 (Resident Forum, Continued) Council to know that. They are serving the residents, and he related an incident of how a fuend was helped by Staff to resolve a problem. He is very happy with the change in attitude, thanking them as a resident. Rosella Sonstebv. 41S1 141" Avenue NW - asked if she should comment on Item 19, Approve Amendment to Ordinance No. 114, Wetland Buffer, now or when it comes up on the Agenda. Council suggested she comment when that item is being discussed. Council acknowledged receipt of the Staff response to items raised during the Resident Forum at the July 3 City Council meeting. Those items related to the update of street repairs, watermain extensions and City boulevard maintenance in Green Acres, plus questions and concerns raised regarding Nature's Run Development off Andover Boulevard. Mr. Carlberg stated the residents who raised the issues were provided copies of the Staff response. APPROVAL OF MINUTES July 3, 2001, Regular Council Meeting: Page 4, Second paragraph, 8th line, correct to "and his back yard..." Page S, Residential Sketch Plan, correct Motion to "to approve sketch plan..." Page 6, Invitation To Submit Proposal/Quad Cities Cable, first paragraph, change "new high school" to "Vo- Tech Center". Motion by Knight, Approval by Orttel, approval of the Minutes as corrected. Motion carried unanimously. CONSENT ITEMS Item I Accept Feasibility Report/Waive Public Hearing/99-37/1680 Andover Boulevard NW/Sanitary Sewer and Watermain (See Resolution RI08-0I) Item 2 Approve Easement Encroachment Agreement/O 1-17/1204 ISI51 Avenue NW Item 3 Approve Tobacco License/Food n Fuel Item 10 Authorize Request For Proposals/Auditor Firms Item 12-2 Approve Amendment to Ordinance No. 2S0, Transient Merchant Ordinance (It was agreed Staff would re-evaluate the issue of whether or not permits should be required for church suppers, picnics or other events. The City has not required permits in the past, but the ordinance as written seems to indicate they are required. If additional changes are needed to the ordinance, Staff will bring the recommendations back to the Council) Item 12-2 Special Assessment Abatement/3S12 142nd Avenue NW (See Resolution R109-01) Item 12-2 Barricades for National Night Out (See Resolution RI 10-01) Motion by Trude, Seconded by Orttel, to Consent Items as presented. Motion carried unanimously. _~" --<0_ , Regular Andover City Council Meeting Minutes - July 17, 2001 Page 3 HOLD PUBLIC HEARlNG/00-5/STREET AND CURB IMPROVEMENTS/SEVENTH A VENUE AREA Mr. Erickson gave an overview of the original public hearing on April 17, 200 I, at which time the Council voted to remove the sanitary sewer and watermain portions of the project. The feasibility report has been modified for street improvement and concrete curb and gutter for the neighborhood west of Seventh Avenue. He showed pictures of the roads in the area. The total estimated project cost for reclaiming and new asphalt plus concrete curb and gutters is $567,992.03. Of that amount, the City will pay $402,501 from the Road and Bridge Fund and $165,942.03 will be assessed to abutting property owners. Ifassessed on a per-lot basis, the cost is estimated to be $1,999.30 per lot. If assessed on a front-footage basis, the costs would vary from $740 to $4,800. The streets will be regraded and the ponding areas will be corrected. Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously. 7:18 p.m. Roger Olson, 14670 Makah Street NW - felt the City's engineering department is excellent. He was originally for sewer and water, but it didn't make much difference to him. He was in favor of concrete curb and gutter if they got sewer and water because they can reclaim the monetary investment and it improves the looks of the neighborhood. His opinion was that the neighborhood is on the decline. What is the point of putting in concrete curb and gutter to aesthetically try to improve a declining area? He doubted they would improve the runoff. The ponding issue can be addressed either way. If their area is urban with sewer and water, then the concrete curb and gutters should go in. If they are rural and without sewer and water, then they should not go in. It was commented that if they had contaminated wells, then City water would come through. He asked why the City doesn't invest the $50 per homeowner to have the wells tested before this project. Everything is related to the utilities. Councilmember Orttel explained well testing is regulated by the State Health Department. The City has no authority to test wells unless there is a problem. He hasn't had any indication there is contamination in their wells. Mr. Olson was concerned that if sewer and water are brought to their area in four or five years, the concrete curb and gutters will be tom up. What is the reason for getting concrete curb and gutters? Mr. Erickson stated water could be brought in without destroying the concrete curb and gutters. They are considered long-term improvements for street projects. Concrete curb and gutters have a longer life than bituminous. They also improve drainage by getting a better flow down the street. They also provide a plowing edge so Public Works can do a better snowplowingjob. There are also aesthetic implications. The adopted policy of the City is for concrete curb and gutters for new developments and redevelopments where there is no ditch system. Rosella Sonstebv, 4151 14151 Avenue NW - was interested in where the City will be putting all that storm water. She feared when the roads are regraded and streets put in that the overflow will drain onto her private property, just as it did when the N edegaard development was done. Mr. Erickson noted the street improvements are on the west side of Seventh A venue, which does not affect her property. Regular Andover City Council Meeting Minutes - July 17, 2001 Page 4 (Public Hearing/00-5/Street and Curb Improvements/Seventh Avenue Area, Continued) Rose V okatv. 4487 I 48th Avenue NW - wondered if they are considered rural or urban. She was also confused on the cost. When the project was connected with the neighborhood east of Seventh Avenue, the total cost for concrete curb and gutter was $173,400 total for both areas. Now, with just the west side of Seventh Avenue, the cost is estimated to be $165,942. The cost perlot originally was about $1,171. Under this proposal, it is $1,999.30. Why is there only a $7,457 difference in the total cost? Why is there such a big discrepancy? She also stated when she refinanced her house several years ago, she was required to have her water tested. As far as she knows, any time a house is bought or sold, the well is always tested. Her water was perfectly fine. Mr. Erickson addressed her concerns: Rural vs. urban - The neighborhood is subdivided into mostly one-acre lots which have private wells and septic systems. They have rural characteristics but are not the same size as the minimum 2.5-acre rural lots from a zoning standpoint. There are storm sewers, not a ditch system. Councilmember Orttel noted it was meant to be a buffer between the urban and rural area to be the edge of the city-type development. On the issue of the curb and gutter assessment, Mr. Erickson explained when both areas were being considered, the assessment was based on the City's policy for urban areas, which is a standard flat fee rate of $850 per typical 80-foot-wide urban lot. That is the typical cost for concrete curb and gutters in the urban area, which came to a total of $173,400. That amount was considerably less than the total cost of the concrete curb and gutters. The Council never discussed whether or not that was an appropriate method of assessment or whether or not the City should pick up the cost of the remaining amount. With the removal of those lots east of Seventh Avenue from the street project, it is proposed that the City would not contribute to the curb and gutter costs but that the entire estimated cost of $165,942 would be assessed against the property owners. The total cost for both sides ofthe street was pointed out in the feasibility report, but the assessed cost was the $173,400. The $165,942 in the supplemental feasibility report is the true calculation for this side of the road, and it is proposed that all of it would be assessed back. That rate per lot, including three park properties, is estimated to be $1,999.30. Only the curb and gutter is being assessed; the street portion will be paid for by the City. Councilmember Orttel noted that originally each lot would have been assessed about $1,700 because they would have been subdividable into two 80- foot lots, but the City would have had to pick up the remaining costs. Under this proposal, the unit assessments are about $2,000 or between $776 and $4,000 if assessed on the front footage basis. The net cost differences is not that great. He also noted that years ago the City changed the assessments to unit costs because in theory everyone benefits equally. Councilmember Trude also noted these are estimates. Hopefully the bids will come in at a lower cost. Dick Jordan. 4507 148th Avenue - asked if it is mandated that they have concrete curb and gutters. What if the majority of them vote that they don't want them? Mr. Erickson stated the City's policy is that all subdivisions will have concrete curb and gutters unless there is a ditch system. Mr. Jordan proposed the original formula of$850 per urban lot be used in the assessment and have the City pick up the difference as originally proposed. Councilmember Orttel stated that was only ,.- Regular Andover City Council Meeting Minutes - July 17, 200 i Page 5 (Public Hearing/00-5/Street and Curb improvements/Seventh Avenue Area, Continued) considered because of the sewer and water project, which would have meant considerably higher assessments. Without the utilities, the City will pay for the cost of the streets only. He didn't think there was that much difference in the curb and gutter costs to the residents. Linda Mills. 4471 148th Lane NW - stated the majority of them realized the prices they were given were wrong. They wondered if the costs were low to lure them into having it done. They didn't know if the City was making the residents pay more of the street costs. At a previous meeting, Councilmember Orttel implied that if they put in concrete curb and gutters, more than likely City sewer would not come through the area. Councilmember Orttel stated concrete curb and gutters are considererd a permanent development area; therefore, they will never subdivide their lots, so sewer would not be going in. Ms. Mills felt the proposals to subdivide were unfair for some because their lots run deep rather than wide. Those with over 300 feet of frontage could subdivide versus those with pie-shaped deep lots who could not subdivide. She also felt if the assessment is based on the linear foot, that the longer side of a comer lot should be used, not the shorter side. She felt that was a poor way to assign assessments. She took a petition around to every lot in their neighborhood. The results are 56 households stated yes to a unit assessment, 5 homes voted no, 3 did not want to sign the petition and 14 people were not home. She thanked everyone who voted yes. They all travel the roads and they want the assessments to stay even. Everyone should be equal. Councilmember Knight stated there was no hidden agenda in this entire project. He understands the calculations are confusing. He also agreed with the unit cost where everyone is paying his or her share of the usage. Don KroPP. 4774 147th Lane - addressed the issue of fairness of the money being expected to be paid for assessments on property for someone else. He's lived in Andover for 25 years in that area and chose to live close to a cul-de-sac to limit any assessments he would have to pay. Now he is being asked to pay the same. He also pointed out the additional expenses he incurs because houses on a cul-de-sac are required to be back 100 to 120 feet, which doubles the cost of his driveway and any driveway maintenance. He asked to be assessed on a lineal footage basis like they do on lakes so he doesn't have to pay $1,000 extra for someone else's costs who owns more. He paid more than $2,000 extra already for the choice to live on a cul-de-sac for the longer driveway and maintenance. Ms. Mills stated when she approached the homes, she told them the assessment would be between $1,900 and $2,000, and only five people voted no. Dave Hager. 4487 I48th Avenue NW - still had a problem with the $173,400 versus the $165,942 figures. The figures don't work out right. He showed his calculations on the board. Mr. Erickson clarified the differences, pointing out the $173,400 calculation is not the true cost of the curb and gutter portion of the project for both sides of Seventh A venue. That cost was about $300,000, but the Council never discussed how the balance was to be covered. Fred Fleischer. 4580 l45th Lane - has lived in the neighborhood since about 1973 and is on a comer lot. He is retired living on PERA and Social Security. He bought the lot because at the time, Andover -> r . Regular Andover City Council Meeting Minutes - July 17, 200i Page 6 (Public Hearing/00-5/Street and Curb improvements/Seventh Avenue Area, Continued) was assessed on the front footage. He didn't think it is fair to change. He is living on a fixed income, and it will be difficult to stay there and pay the assessments. Mr. Erickson stated the City has a deferred assessment policy for people who meet certain criteria. Councilmember Orttel thought the income level was to be indexed every year and asked that it be verified. Mr. Erickson also stated the assessments would be structured for five years at six percent. People can either pay the assessment in total or pay it off over five years. Mr. Olson stated he lives on a comer lot and didn't care whether the assessment is by the unit or by front footage. He did, however, have a concern with assessing the long side of a comer lot. If the Council starts making adjustments for one thing, there are many other considerations such as how much of the road each lot uses, how many cars per household, number of bedrooms, cars versus trucks, etc. Where does it stop? He voted yes on the petition, but he will be very upset if the long side of a comer lot is used in determining the assessment based on front footage. Motion by Jacobson, Seconded by Trude, to close the public hearing. Motion carried unanimously. 8:17p.m. In the Council discussion, Mr. Erickson explained this is a reconstruction project, so the City is paying just over $400,000 for the street and storm sewer portion. The residents will be assessed only for the concrete curb and gutter. This is the first area under the street reconstruction program with a curb and gutter issue. Council also noted the policy of bringing the neighborhood back in if the bids exceed the feasibility estimates by five percent or more. Motion by Jacobson, Seconded by Orttel, the Resolution presented with the following change: Under NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. OO-S, add the cost to be on the unit basis for concrete curb and gutter at an estimated amount of$1,999.30. (See Resolution RIII-OI) DISCUSSION: Mr. Erickson noted the plans and specs will be completed over the winter to go out for bids in early February or March. Construction will be spring through fall while school is out. Motion carried unanimously. APPROVE NON-INTOXICATING OFF-SALE LIQUOR LICENSE/FOOD N FUEL Council clarified the action required is for a non-intoxicating off-sale liquor license for Food n Fuel, not a tobacco license as shown on the Staff report. Motion by Jacobson, Seconded by Trude, to approve the non-intoxicating off-sale liquor license. Motion carried on a 4- Yes, I-Present (Jacobson) vote. Regular Andover City Council Meeting Minutes -July 17,2001 Page 7 APPOINTMENT RECOMMENDATION - COMMUNITY DEVELOPMENT Councilmember Trude asked if the change in title impacts funding. Mr. Erar stated it was authorized in the 2001 budget. Mr. Carlberg explained Mr. McKay would start on the step process for less than the person who left. Councilmember Trude wondered if the workload necessitates this position because of the reduction in the number of plats. She hoped that would always be evaluated before considering new personnel. Mr. Erar stated the workload is not changing. Mr. Carlberg stated Mr. McKay has a Master's Degree but will be coming in at the entry level. They are looking at his background with the GIS. There are a number of things that have to be done even though there are fewer plats. Motion by Orttel, Seconded by Trude, to ratify the appointment (of David McKay as full-time Associate Planner) Motion carried unanimously. RECEIVE UPDATEILAND USE CHANGES/YAMAHA PROPERTY/COON RAPIDS Council acknowledged receipt of the notification by the City of Coon Rapids of a proposed land use change of the I 55-acre Yamaha property site located on Main Street east of Hanson Boulevard NW. The property extends north to the Andover boundary and is adjacent to the gun range and compost site. Councilmember Trude noted often people move next to these activities and then complain about the noise, safety and/or smell. Andover residents heavily use the compost site. She was concerned that high quality homes will be built in Coon Rapids next to the gun range and compost site. The Council directed the City Administrator to write a letter to the County Board and to the City of Coon Rapids that Andover's position is it is crucial that the compost site continue to operate at that site. Also suggest that perhaps additional buffering or landscaping should be required to decrease the likelihood of complaints in the future. That letter is to be signed by the Mayor on behalf of the City Council. APPROVE AMENDMENT TO ORDINANCE NO. 116/POSITION OF CITY ADMINISTRATOR and CONSIDER APPROVAL OF COUNCIL POLICIES - VARIOUS Councilmember Trude didn't feel the Council had a full discussion on these items, as they were focusing on goal setting at the June 13, 2001 meeting. She felt public input is needed before implementing these changes. Motion by Jacobson, Seconded by Trude, to table Items 7 and 8 to a future work session. Motion carried unanimously. (Later in the meeting it was agreed to add these items to the Agenda for a special meeting on August 14, 2001. See Page 13 of these Minutes) Regular Andover City Council Meeting Minutes - July 17, 2001 Page 8 AUTHORIZE RFPffRANSPORTATION PLANNINGIPROJECT 01-18 Councilmember Trude noted no cost estimate has been given for the transportation plan. She wanted to know what items the RFP will ask for. Usually the Council looks at the request first. Mr. Erar noted this item was discussed at the planning session, and it was agreed an important goal is to move forward with the development of a transportation plan in the City. The RFP is to solicit proposals, which would be brought back to the Council for approval. It is intended to look at the local transportation and interconnections with the county system. Mr. Erickson stated he would create the RFP documents and bring them back to make sure it includes all the desired points. Motion by Jacobson, Seconded by Orttel, to approve the item. Motion carried unanimously. CONSIDER COUNCIL CHAMBERS TECHNOLOGY IMPROVEMENTS Councilmember Jacobson stated this is a request for additional funds to upgrade the audio-visual capabilities in the Council chambers. The QCTV budget committee met about a year ago, and Staff was directed to look at the various needs and the cost of the upgrades. That is being done now. The budget must be approved by September I where they will decide whether or not they can fund the $125,000 needed to upgrade all four cities. Mr. Erar stated the initial time in conducting the audit was provided free or charge to provide a general overview of the equipment necessary to meet the desired telecasting needs and requirements. This is not a commitment but a recommendation he is suggesting be forwarded to the Quad-City Community Television Board with the Council's endorsement. Motion by Trude, Seconded by Orttel, to forward this to the QCTV Board for a request for equipment upgrades. Motion carried unanimously. APPROVE AMENDED SPECIAL USE PERMITIPUDIALTERNATE TOWNHOME DESIGN/NATURE'S RUN Mr. Carlberg noted this item has been tabled per the developer's request. In addition to this, the association documents, final landscaping plans and final plat will be coming forward. Council noted the approval requires a 4/5 vote, and there will only be three Councilmembers in attendance at the next meeting on August 7. Mr. Carlberg stated he will ask the developer to provide a written request to extend the item beyond the 60-day review period. Because the developer had requested this item be tabled this evening, he anticipated there would be no problem with the extension. Procedurally, if the extension were not requested, the Council would have to deny the amended Special Use Permit at the August 7 meeting because of a lack of a super-majority vote. _ ~ _ -<0 _ Regular Andover City Council Meeting Minutes - July 17, 2001 Page 9 (Amended Special Use Permit/PUD/Alternate Townhome Design/Nature's Run, Continued) A woman ITom the area stated she was told Nature's Run was going to be low-income housing. She did not want them there, believing the development will decrease the value of her home. She also asked about a traffic signal at Hanson Boulevard and Andover Boulevard. Council and Staff explained the item is to amend the Special Use Permit to change the housing style. The townhomes are rather expensive homes, up to $200,000. The county is in the process of trying to get fimding to upgrade that intersection. It already meets warrants. She was encouraged to come to City Hall to see the plans of Nature's Run with regard to landscaping, plantings and easement for turn lanes off Andover Boulevard. REVIEW PRICING/Ol-1/NEW BALL FIELD F ACIUTY WEST OF HIGH SCHOOL Mr. Erickson reviewed the quote received from the contractor working for the school district was high. He obtained a quote from W. B. Miller, which was about $42,000 less. A lot of the reduction was for administrative fees. The total cost for the new ball field facility including irrigation would be $236,789.50. The fimding for the three ball fields will come ITom the High School Development Fund and the Park Dedication Fund. This item will be forwarded to the Park and Recreation Commission, then brought back to the City Council at its August 7 meeting for approval. Motion by Trude, Seconded by Orttel, approval of the item. Motion carried unanimously. RECEIVE CITY DEVELOPMENT FEE SURVEY Motion by Jacobson, Seconded by Orttel, that the City Council accept the survey information as presented. DISCUSSION: Jason Angell, Planning Intern, presented the results of a survey of nine cities comparing development fees with Andover's fees. Each city was contacted, and all were very helpful, asking that they be provided with a copy of the completed survey. In the majority of areas, Andover is very comparable to the other cities, and in some cases is even a little low. Councilmember Knight commended Mr. Angell for his efforts. There was a brief discussion on storm water management plans. Andover does not have one. Mr. Erickson stated Staff will be evaluating the possibility of establishing one and will bring that back for discussion in the future. As more requirements are being imposed on the City for storm water management, a plan may be a tool to meet those requirements. The Council asked that a sununary be added on the bottom of the survey to provide an easy comparison of the cost of development in each city on a plat of 25 lots. Motion carried unanimously. . r . Regular Andover City Council Meeting Minutes -July 17,2001 Page 10 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Mr. Erar reported Captain Klink would be unable to attend the meeting this evening due to an emergency police situation. The Council accepted the report as presented. APPROVE AMENDMENT TO ORDINANCE NO. 114, TREE PRESERVATION Mr. Carlberg reviewed the background regarding the recommendation from the Planning and Zoning Commission to require one tree per 50 feet oflot width in the front yard. Trees preserved in the front yard during development would satisfY this requirement. The Andover Review Committee felt that would be an excessive requirement in the rural area and suggested a cap of four trees. The trees would be 2.5 inches in diameter at breast height. Ifthere were no trees in the front of the house, one would be planted off the right-of-way line and the other anywhere within the front yard. No planting of trees is allowed in the boulevards. The idea is to preserve the existing trees and provide forestation where there aren't any trees. Council noted this requirement would increase the cost of the house by several hundred dollars, depending on how many are planted and the type. Councilmember Trude wanted to see evergreens added to the list as well as other flowering trees. She felt the idea was to enhance the naked landscape and improve the overall appearance of the City. She didn't think the type of tree should be limited. She also agreed with Staff's recommendation to limit the amount required in the rural area. Councilmember Orttel was concerned that the developer will put in the cheapest tree available. He argued the homeowners tend to add trees themselves. When looking at neighborhoods several years after development, people do put in trees themselves; and it is generally better than the requirements. He agreed the choice should not be limited to just deciduous trees. He also suggested this be part of the building permit process. It is a lot of bookkeeping to have this escrowed by the developer. Councilmember Jacobson agreed the property owners may be slower at planting trees on their lots, but they do a better job of it overall. Motion by Trude, Seconded by Knight, to approve the ordinance with the change: take out the word deciduous. Add Staff's recommendation of". .. two live trees or one tree per 50 feet of lot width at the boulevard in the front yard, whichever is greater up to a maximum offour trees." DISCUSSION: There was some discussion on allowing the smaller trees such as the Russian Olive, Chinese lilac, etc., to allow a greater variety. Mr. Carlberg stated if trees of a different variety are desired, the forestry intern would determine if they are acceptable, if they are hardy enough for this environment. He also noted that the preferred trees would become part of the Tree Preservation Policy. Motion carried on a 3- Yes, 2-No (Jacobson, Orttel) vote. APPROVE AMENDMENT TO ORDINANCE NO. 114, WETLAND BUFFER Mr. Carlberg explained the proposed amendment of the wetland buffers will provide additional rear yard space between the structure and wetlands and storm water ponds. The 16Y>-foot wetland buffer strip would be excluded from the 100-foot buildable pad. Also the administrative review with - --....- Regular Andover City Council Meeting Minutes - July 17, 2001 Page 11 (Amendment to Ordinance No. 114, Wetland Buffer, Continued) alternative standards is being removed. Under this proposal, all encroachments within the 16Y2- foot wide wetland buffer would require a variance as a part of the preliminary plat. Rosella Sonstebv. 4151 141" Avenue NW - asked if the 16Y2-foot wetland buffer includes the flood plain and is the easement attached to the property. Mr. Carlberg explained the flood plain is a separate delineation. The wetland buffer strip will show up as a part of the plat but is not an easement given to the City. It is only for protection during the construction of the home and becomes part of the usable land when construction is completed. Ms. Sonsteby accused the City of knowing what's best for the private property of the residents, taking away rights and adding more land to the wetland. She reviewed an incident by reading the City Council Minutes of March 4, 1986, where the Council told the DNR what part of her property should be put into wetland. She stated it looks like a sneaky way to take away more property rights for added wetlands. Motion by Knight, Seconded by Jacobson, to approve the Ordinance as amended. DISCUSSION: Councilmember Orttel stated he would vote no. If the intent is to get a bigger back yard, that should be done; but not by calling it a buffer. The problem he has is applying this to a specific property he is aware of which will disallow development of a thoroughfare street the City is trying to develop. There isn't enough room on the ridge for the development with the additional depth requirement. He felt applying the requirement will result in serious problems. Because of the great difficulty in getting variances, he felt this will preclude the extension of streets in the wetland areas. Mr. Carlberg stated there is still the variance procedure. On a high knoll, possibly the developer may not be able to get houses on both sides of the road. Councilmember Orttel stated variances can't be granted to benefit the developer, and it is not economical to build on only one side of the street. He also believed the administrative review should remain in place because this is too technical. Mr. Erar stated the Staff will still review the standards. The only change is those variances will now be listed to inform the Council of them and for formal approval. Councilmember Trude noted no developers testified at the public hearing on this issue. Mr. Carlberg stated some of the active developers in the City were notified and given copies of the proposal, but they received no comments other than that of Ms. Sonsteby this evening. Motion carried on a 4-Yes, I-No (Orttel) vote. USE OF COUNCIL CHAMBERS Mr. Erar stated the City has received a request for the use of the Council Chambers for a Bible study on Sunday afternoons during the month of August. Staff is working on a meeting room policy but has not had enough time to complete it. When the Council Chambers is being used other than during normal business hours, all doors leading to the internal office space would be locked. A key would be given to someone of responsibility in the church group. The Sheriff s office could be informed of the use of the Council Chambers to check on it. If the Council chooses, approval could be granted to this particular group. In the mean time, Staff will develop a policy for Council consideration. , Regular Andover City Council Meeting Minutes - July 17, 2001 Page 12 (Use of Council Chambers, Continued) Councilmember Orttel stated the City has a long history of letting churches use its facilities. They have been freely allowed to use them without incident. He agreed it would be good to have an agreement for the group to be responsible for any damage. Motion by Knight, Seconded by Orttel, to allow the use of the Council Chambers for a Bible study on Sunday afternoons during the month of August, 200 I per their request and have Staff develop a policy for future requests. Motion carried unanimously. SET DATE FOR RIBBON CUTTING CEREMONY/01-5/NEW SKATEBOARD PARK GRAND OPENING The Council agreed to schedule the ribbon cutting ceremony for the opening of the new skateboard park facility for August 21, 2001, 6:30 p.m. PA YMENT OF CLAIMS Motion by Knight, Seconded by Jacobson, approve the payment of Claims. Motion carried unanimously. M4YOR/COUNCIL INPUT Andover Station update - Attorney Hawkins stated the final details of the agreement have not yet been completed. There are no problems; it is a matter of getting it done. Report on water levels - Mr. Erar stated the City has been actively enforcing the water restriction policy. He thought the water conditions indicate all things are under control, but they will continue to monitor water availability. Mr. Erickson stated Well #8 was evaluated in front of the elementary school, and it was found to have a positive water quality. They will be moving forward to get that well on line by next year. Speeding traffic complaints - Councilmember Orttel noted a complaint of people traveling at extremely high speeds down the open stretches of Bluebird Street. Councilmember Trude noted she gets the same complaint on Goldenrod in Shadowbrook. Mr. Erickson stated Staff will ask the Sheriff s office to place the speed trailer at those locations. Survey being developed by focus group - Councilmember Trude stated she and Councilmember Jacobson met with the focus group to develop the questions for the survey of residents on parks and on the proposed sports complex. She felt there was confusion by the consultant on the focus of the survey. Mr. Erar understood the survey was to include both park and recreation issues relating to the ..- - - Regular Andover City Council Meeting Minutes - July 17, 2001 Page 13 (Mayor/Council Input, Continued) recreational needs of the community plus information regarding the support for the proposed sports complex. The issues were to be split evenly, containing elements of both. The focus group was to propose the survey questions, then forward the recommendations to the Park and Recreation Commission and to the Task Force for the Sports Complex. Finally, the survey would be forwarded to the City Council for final approval. The mechanics of the financing is not to be a part of the survey. The questions are to be kept general as to whether or not they would support a tax increase for the facilities and possibly how much of a tax increase. Councilmember Jacobson noted the survey is to be done and a report of the results is to be back by mid-September. Mr. Dickinson noted enough calls will be made to provide 400 completed phone surveys. Information will be put in the newsletter so residents are aware the survey will be taking place. Special work session - The Council agreed to discuss the two items tabled this evening, Council policies and amendment to the ordinance on administration, at a special work session on August 14, 2001. (See Page 7 a/these Minutes) The Council recessed at 10:05 to meet in executive session with the City Attorney regarding pending litigation for Woodland Development and Anoka County; reconvened at 10:27 p.m. Motion by Orttel, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 10:28 p.m. Respectfully submitted, 'iÌ\~ ~L Marcella A. Peach Recording Secretary - -