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HomeMy WebLinkAboutCC May 15, 2001 C&"v\..lC:C (loO L&\lctbiJ tvl6/Di CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - Tuesday, May 15, 200 I Call to Order -7:00 PM Resident Forum Agenda Approval Approval of Minutes Consent Items I. Approve Resolution Regarding Investment of Funds - Finance 2. Acknowledge Lease Termination - Lions Club - Administration 3. Award Bid/OO-S & 01-5/Sunshine Park Parking Lot & Bituminous Trail Improvements/City Hall Skateboard Park Bituminous Surface - Engineering 4. Order Plans & Specs/9S-20/Bunker Lake Boulevard Underpass - Engineering 5. Award Bid/00-39/Chesterton Commons North 2nd Addition (Supplemental) - Engineering 6. Receive Notice from Anoka County of Intersection Improvement Funding/CSAH 9 (Round Lake Blvd.) at CSAH 20 (I 57'h Avenue NW) - Engineering 7. Citizen Concerns - Crosstown Boulevard Traffic - Engineering S. Variance/1540 - 15S'h Lane NW/Gerald Windschitl- Planning Discussion Items 9. Anoka County Sheriff Department Monthly Report - Administration 10. MN Dept. of Health Presentation - Drinking Water Standards - Public Works II. Public Hearing/Vacation of Easement/3982 146'h Lane NW/Niemann - Planning 12. Consider Resolution /Participation in League ofMN Cities Building Quality Communities -Clerk 13. Approve Joint Powers Agreement with Anoka Hennepin School District # I I/01-2/New Ball Field Facility - Engineering 14. Approve Supplemental Feasibility Report & Waive Public Hearing/OO-IS/Andover Boulevard Extension - Engineering 15. Approve Articles of Incorporation/Bylaws/Declaration/Red Pine Estates - Planning 16. Approve Final Landscape PlanslRed Pine Estates - PUD/Gold Nugget Development - Planning 17. Approve Final PlatlRed Pine Estates - PUD/Gold Nugget Development - Planning IS. Award Bid/00-41 & 00-40IRed Pine Estates and Woodland Oaks/Street and Utilities (Supplemental) -Engineering 19. 2002 Budget Development Process and Approval of Council Fiscal Goals - Administration Staff Items 20. Acknowledge Municipal Newsletter Survey Results - Administration 21. Schedule Council Workshop- Strategic Planning Session -Administration 22. Schedule Council Workshop - North Metro Mayors Association - Administration Mayor/Council Input Payment of Claims Adjournment .. +~_. r- .. .. _. . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - M4 Y 15, 1001 TABLE OF CONTENTS RESIDENT FORUM ....................................................................................................................1 AGENDA APPROV AL................................................................................................................2 CONSENT AGENDA Resolution R083-01 approve investment of funds.................................................................. 3 Acknowledge lease termination - Lions Club ........................................................................3 Resolution R084-01 awarding bid/IPOO-8 and 08-5/Sunshine Park parking lot and bituminous trail improvements/City Hall skateboard park bituminous .....................3 Resolution R085-0l ordering plans and specs/IP98-20/Bunker Lake Blvd underpass ..........3 Resolution R086-01 awarding bid/IPOO-39/Chesterton Commons North 2nd Addition .........3 Receive notice from Anoka Co./Intersection improvement funding/CSAH 9 at CSAH 20...3 Citizen concerns - Crosstown Boulevard traffic ....................................................................3 V ARlANCE/1540 I 58TH LANE NW/GERALD WINDSCHITL ..................."....""...................3 Motion to deny (failed) ...........................................................................................................4 Motion to table until later in the meeting................................................................................5 APPROVAL OF MINUTES (tabled) ...........................................................................................5 ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ....................................5 MN DEPARTMENT OF HEALTH PRESENT A TION/DRINKING WATER ST ANDARDS..5 PUBLIC HEARING: VACATION OF EASEMENT/3982 I46TH LANE/NIEMANN Resolution R087-01 granting vacation of easement ...............................................................7 P ARTICIP A TION IN LEAGUE OF MN CITIES BUILDING QUALITY COMMUNITIES ....7 Resolution R088-01 committing to the program ....................................................................8 JOINT POWERS AGREEMENT WITH ANOKA HENNEPIN/IPOI-2/NEW BALL FIELDS.8 Motion to approve ................................................................................................................... 9 SUPPLEMENTAL FEASIBILITY REPORTIW AIVE PUBLIC HEARING/IPOO-18/ ANDOVER BOULEVARD EXTENSION Resolution R089-01 accepting supplemental feasibility study & waiving hearing ................9 ARTICLES OF INCORPORA TION/BYLA WS/DECLARA TION/RED PINE ESTATES........ 9 Motion to approve ...................................................................................................................10 FINAL LANDSCAPE PLANS/RED PINE ESTATES - PUD Motion to approve ...................................................................................................................1 0 FINAL PLAT/RED PINE ESTATES PUD/GOLD NUGGET DEVELOPMENT Resolution R090-0l approving the final plat..........................................................................ll AWARD BID/IPOO-4l AND 00-40/RED PINE ESTATES & WOODLAND OAKS Resolution R091-01 accepting bids and awarding contract (Burschville Construction) ........11 2002 BUDGET DEVELOPMENT PROCESS AND COUNCIL FISCAL GOALS Motion to adopt 2002 fiscal goals........................................................................................... 1 I V ARIANCE/1540 158TH LANE/GERALD WINDSCHITL, CONTINUED............................... 1 1 Resolution R092-01 approving the variance........................................................................... 12 ACKNOWLEDGE MUNICIPAL NEWSLETTER SURVEY RESULTS ..................................13 RESCHEDULE MEETINGS Motion to reschedule June 19 meeting to Monday, June 18, 7 p.m........................................13 (Special workshop set for June 13 for strategic planning session) .........................................13 SCHEDULE COUNCIL WORKSHOPINORTH METRO MAYORS ASSOC (June 5, 6:30)...13 --- - - ---,- r . -- . Regular Andover City Council Meeting Minutes - May 15, 2001 Table a/Contents Page ii MAYOR/COUNCIL INPUT Announcements....................................................................................................................13 Permit for selling on street comers .....................................................................................13 Fencing permits................................................................................................................... 13 Co-community survey .........................................................................................................14 May 22 workshop (to start at 7 p.m.)................................................................................... 14 PAYMENT OF CLAIMS .........................................................................................................14 ADJOURNMENT.....................................................................................................................14 ----- CITY of ANDOVER GULAR ANDOVER CITY COUNCIL MEETING - MAY 15, 1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Ken OrtteI on May 15,2001,7:00 p.m., at the Andover City Hall, 1685 Crosstown BoulevardNW, Andover, Minnesota. CounciImembers present: Don Jacobson, Mike Knight, Julie Trude, Mayor Mike Gamache (arrived at 8:40 p.m.) Councilmember absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, John Erar Others RESIDENT FORUM Don Alberg. 15349 Seventh Avenue - pointed out the county is proposing to reconstruct Seventh Avenue between Bunker Lake Boulevard and CoRd 20 as four lanes with no turn lanes. He expressed frustration with the lack of notification by the county and with the condescending attitude of the county Public Works Committee when the residents expressed their concerns of safety issues. They were told that is the only way the road could be upgraded, that their primary concern was to move traffic. He presented that Committee with a sheet of facts in terms of public safety, stating he would also provide that sheet to the City. In that 1.85-mile stretch, there are 32 separate individual exits, 19 of them private driveways, 12 feeder roads ITom developed property on the east and west sides of the road and one commercial road.. On average, that means a turn lane every 305 feet. He felt the proposed upgrades create a potentially dangerous situation and a hazardous condition for the residents with that many turn lanes and shifting of traffic. He asked that the City Council consider passing a resolution or advising the county engineer that the City would not accept the upgrade as proposed. They require the sign off of the City Engineer. Secondly, he'd like the City to request the county to inform the residents of such proposals long before they do. He has now been told this project will be put off for a year. The only public notice was in April when they were told Seventh A venue was going to be widened. He was given conflicting information at different times as to what was planned for this road. CounciImember Knight noted the current bike and running lanes have been heavily used for years. Mr. Erickson understood the county is looking at options. When he fmds out more about their plans, he will bring it back to the City Council before taking any action. He thought it was put on hold because of the neighborhood discussions at the county meeting. The City can keep the residents informed of the county's plans for Seventh A venue through the newsletter. - Regular Andover City Council Meeting Minutes - May 15, 2001 Page 2 (Resident Forum, Continued) Paul Dudbv, 15344 Lynette Street - stated for the last four weekends people have been parking in their neighborhood, discovering it is closer to the ball fields than going to the parking lots. They have had between 25 and 61 cars parked there. Last Saturday 41 cars were parked in their neighborhood because the north lot at the school was not open. People are cutting across their yards, parking on the grass, smoking there because they can't smoke on school grounds and creating a safety hazard for the children in the neighborhood who ride bikes or rollerblade down the streets. It is also an attitude problem with people not caring about their neighborhood but wanting to save themselves some extra steps in walking to the ball fields. Councilmember Knight suggested signs be placed that state it is for neighborhood parking only. Councilmember Trude suggested the organizers of the events inform the coaches and parents that they must park in the parking lots. Mr. Carlberg felt the first step is to work with the Community Education Staff at Oak View Middle School. They are aware of the problem. He's also talked with the Andover Athletic Association. They will work toward educating the people, as well as work on scheduling events in the afternoon to avoid the parking issues because of four or five events in the mornings. The last resort would be to implement no parking in that area, but he felt a number of options could be explored before considering a ban on parking. Stephen Gompertz, 15098 Yellowpine Street - was concerned with the monopoly of the cable company and the recent change in service. In February AT&T Broadband provided a brochure stating they were completely reconfiguring their system. The bottom line is he will be getting one less channel at $4 more per month. When he called about it, the answer was they are the only cable company in town and the upgrades are the fault of the city. He stated they are in dire need of competition. To get the premiere package, he must also get the additional 30 or 40 channels he doesn't want for an extra $22. He currently pays $70 a month. Under the new plan, he would be paying $92. He asked the Council to think outside the box relative to the entire competition issue. Councilmember Jacobson stated he is the representative on the Cable Commission. The City has no control over anything other than the basic channels and service quality issues. The cable company can do anything they want with regard to pricing and packaging. There is only one company now, but within the last several months they have had three others apply. Two fell through, but one application is on hold because of the economy and may start up in the fall or next year. The company has to get a franchise, but the federal govemment has limited what the cable commission can and cannot do. The company has the authority to operate as long as it agrees with the documents they sign with the commission. It is very difficult to terminate an agreement. He suggested another option is to go with a satellite system, which is cheaper. Mr. Erar agreed there is little the City can do relative to the franchise agreement. The City can invite and encourage competition. AGENDA APPROVAL Move Item 8, Variance/1540 158th Lane NW/Gerald Windschitl, from the Consent Items for discussion. --- - r- Regular Andover City Council Meeting Minutes - May 15, 2001 Page 3 [Agenda Approval, Continued) Motion by Jacobson, Seconded by Knight, approval of the Agenda with that one change. Motion carried on a 4-Yes, I-Absent (Gamache) vote. CONSENT AGENDA Item I Approve Resolution Regarding Investment of Funds (See Resolution R083-01) Item 2 Acknowledge Lease Termination - Lions Club Item 3 Award Bid/IPOO-8 and 01-5/Sunshine Park Parking Lot and Bituminous Trail Improvements/City Hall Skateboard Park Bituminous Surface (See Resolution R084-01) Item 4 Order Plans and Specs/IP98-20/Bunker Lake Boulevard Underpass (See Resolution R085-01) Item 5 Award Bid/IPOO-39/Chesterton Commons North 2nd Addition (Supplemental (See Resolution R086-01) Item 6 Receive Notice from Anoka County of Intersection Improvement Funding/CSAH 9 (Round Lake Boulevard) at CSAH 20 (I 57th Avenue NW) Item 7 Citizen Concerns - Crosstown Boulevard Traffic Motion by Trude, Seconded by Knight, approval of the items as presented. DISCUSSION: Councilmember Knight wondered if the location for the underpass under Item 4 is more remote than it needs to be. There is nothing near the railroad tracks there. Councilmember Trude noted that is where the trail connects to Bunker Hills Park. Mr. Erickson stated they will look at the location for that underpass. It is anticipated the interior of the underpass will be lighted. Motion carried on a 4- Yes, I-Absent (Gamache) vote. VARIANCEI1540 158TH LANE NWIGERALD WINDSCHITL Councilmember Trude was concerned with the reduction of the wetland buffer zone for the placement of the home on the lot. She felt moving the house forward would be more reasonable. She also felt this should have been caught when the developer was planning the development. She wondered what is the hardship. Did the builder request two variances, or did the Planning and Zoning Commission suggest that? Attorney Hawkins advised an economic hardship does not qualifY for a variance. A variance has to be based on some physical characteristic of the land that would make the lot undevelopable but for the variance. Mr. Carlberg stated the existing homes on the cul- de-sac are similar to what is being proposed, This item was reviewed two different times by the Planning Commission. They looked at other options related to the building design, and this was the best option. The hardship is the shape and topography of the lot. In addition, a variance for buildability was given to this lot as a part of the platting process, which made this lot more difficult to build on. ..- Regular Andover City Council Meeting Minutes - May 15, 2001 Page 4 (Variance/1540 158'h Lane NW/Gerald Windschitl, Continued) Councilmember Trude was still concerned that there is an issue of impacting the wetlands. The wetland buffer would be reduced from 16 to 8 feet, which creates a very limited back yard for any activities without encroaching into the wetland. She felt granting a variance in this case would encourage similar requests. She would be more willing to encroach on the ITont yard setback in this case. By moving the house forward, it would look like the two other homes in the neighborhood and would eliminate the need for a wetland buffer variance. Mr. Carlberg stated the encroachment is into the wetland buffer area. That is the City's ordinance to protect the wetland during the construction of the home. Once the home is constructed, they will have that area for back yard. The problern is the variance for the construction phase of the home. Councilmember Trude understood the ordinance goes way beyond that, talking about minimizing the impact on the wetlands. She talked to the engineer at the Watershed, who is also concerned with impacting the wetland over time. When the back yards are limited, people have a tendency to start encroaching into the wetlands; and the Watershed must then cite them for violations. Approval of this request would mean this lot would actually have three variances for buildability, front yard setback and wetland buffer encroachment. She also argued that the builder, who is now having a hard time meeting the legal requirements, did the creation of the lot. It was the developer who created this situation. Councilmember Jacobson stated the buffer is to protect the wetland ITom soils and dirt running off during the construction phase. If people start filling the wetland after they move in, it is wrong and should be ticketed. Attorney Hawkins stated in the past the City has granted variances of this nature as part of the platting process. He thought the City has set a standard, so it would be difficult to not grant one in this instance. Councilmember Knight stated he is not in favor of the 8-foot wetland buffer area. He too would rather see the encroachment in the front yard than in the wetland buffer area. Eight feet is an extremely short distance to the wetland. Councilmember Jacobson felt the house would stick out like a sore thumb if moved any more forward. Mr. Erar advised if the Council rejects the recommendation from the Planning Commission, it needs to support it with findings of fact. Motion by Trude, Seconded by Knight, denial of the variance and the conditions included, that the presentation of the placement of the house violates the intent of the Wetland Ordinance No. 114, Section I. DISCUSSION: Councilmembers Trude and Knight again expressed their preference to see the house moved forward. Attachment D almost works. Councilmember Jacobson called the question. Acting Mayor Orttel asked for a vote on the motion. There was confusion on whether the vote was for the Motion to call the question or for the Motion to deny the variance. Acting Mayor Orttel asked to vote on the Motion to call the question. -- Regular Andover City Council Meeting Minutes - May 15, 2001 Page 5 (Variance/1540 158th Lane NW/Gerald Windschitl, Continued) Vote on Motion to Call the Question: YES - Jacobson, Knight, Orttel; NO - Trude; Absent - Gamache. Motion carried. Vote on Motion to deny variance: YES - Trude, Knight; NO - Jacobson, Orttel; Absent - Gamache. Motion failed on a tie vote. It was agreed to wait until the Mayor arrives later this evening to discuss this further. Motion by Trude, Seconded by Knight, to table this consideration until there are five members. Motion carried on a 4-Yes, I-Absent (Gamache) vote. APPROVAL OF MINUTES The Council noted they had not received a copy of the Minutes in their packet. Mr. Erar stated those minutes were forwarded to the Councilmembers electronically. Several members asked that they receive hard copies of the Minutes in the future. It was agreed to table the item to the next meeting. ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Shelly Kazimer reported the Department has responded to 3,352 calls year-to-date in Andover. There were 936 calls last month resulting in 727 incident reports, and she detailed the number of calls by category. Animal complaints are back up in the spring. Complaints about the trails have been rare. The majority of the calls received on the trail systems have been in the winter regarding snowmobiles. Councilmember Knight asked if she was familiar with other underpasses in the county and whether a tunnel near the railroad tracks on Bunker Lake Boulevard as proposed is too remote and poses a safety hazard. Sergeant Kazimer stated they could post extra patrols if there are problems, but she did not feel the location would be an issue. MINNESOTA DEPARTMENT OF HEALTH PRESENTATION - DRINKING WATER STANDARDS Karla Peterson and Bob Smude ITom the Minnesota Department of Health gave a presentation of the changing regulations for arsenic and radon levels. Ms. Peterson anticipated the City would exceed the forthcoming rules for radionuclides. There will be a change in the current monitoring of the distributed water to testing at each entry point to the distribution system. That rule will be effective December, 2003. At that point, if the City is not in compliance, they will send out a notice of violation; and every three months the City will have to notifY the public that the water exceeds the regulations in that particular quarter. She estimated as many as 30 cities will be out of compliance r- Regular Andover City Council Meeting Minutes - May 15, 2001 Page 6 (MN Department of Health Presentation - Drinking Water Standards, Continued) when the new regulations take effect. Radionuclides are naturally occurring. There are several means to meet the regulations, including the blending and storage of water prior to distribution, treatment technologies and home softening. If those with private wells are having the water tested, they would have to specifically ask that it be tested for radon and arsenic. Ms. Peterson went on that arsenic is a naturally occurring contaminate. This is the far east edge of it, with the highest concentrations found in the western United States. They anticipate 60 to 80 communities will exceed the new rule. Part of the reason for the controversy around this element has been the water treatment facilities that remove arsenic create hazardous waste sludge, Plus there is not a lot of health risk data on it. Arsenic is accumulative. Both radon and arsenic are carcinogens. In assessing the health risk, they look at an average person who drinks two liters of the same water for 70 years. The final ruling on arsenic levels is scheduled for February, 2002. The deadline is January, 2003. They will be monitoring the water supplies quarterly over the next two years. At the moment, the final rules would become effective in January, 2006. Council discussion with the representatives was on reasons why the standards are being changed and treatment options. Mr. Peterson stated there have not been a lot of studies done on the effect of charcoal filters on radon and arsenic. Arsenic does bond with iron, so theoretically iron filters would remove it. Mr. Smude also noted that Minnesota does not have standards for bottled water, and the federal regulations for bottled water are not as specific as for the public water supply system. Winslow Holasek- stated many stores have in-house distilled or reverse osmosis water to purchase. Does distilling remove the radon? Mr. Smude stated it would remove both radon and arsenic. He also noted that Andover was out of compliance for radon in 1986; but in December, 1988, a formal compliance agreement was signed with the City. A year later the EP A talked about changing the rules relating to the level of radon in the water and all agreements were put on hold. It took five or six years for the EP A to decide that they were going to change the levels. They started testing again in 1998 and determined that three of the oldest wells in Andover will probably be out of compliance once the new regulations take effect. They have found that two of the older wells and Wells 6 and 7 would exceed the new arsenic regulations. In trying to correct the radon problem, the problem with arsenic was created. Andover's water is blended within the distribution system, but not prior to it. If building a water treatment plant, he suggested taking into consideration the fact that regulations may change again in the future. Ms. Peterson stated arsenic and radon are carcinogens but are not acute health risks. They are not issues for children, pregnant women, etc. They have to do with drinking water over a very long period of time to create certain risks. Councilmember Trude felt the goal of the City should be toward removing these because of the long-term raising of children who drink the City's water. Removing them from the water will improve the community's health. No Council action was needed on this issue at this time. (Mayor Gamache arrived; 8:40 p.m., and chaired the remainder of the meeting) ..- Regular Andover City Council Meeting Minutes - May 15, 2001 Page 7 PUBLIC HEARING: VACATION OF EASEMENT/3981146TH LANE NW/NIEMANN Mr. Carlberg explained the City Attorney has requested the City vacate a drainage and utility easernent on Lot 26, Block I, The Meadows of Round Lake as a part of the settlement of a lawsuit with David Niemann. Mr. Niemann brought the action against the City on behalf of the Estate of Vivian Niemann, his mother, to contest the validity of a drainage and utility easement across the back of his property. Originally the neighboring Lot 27 was graded for construction of a "look-out" house; however, the buyer entered into a purchase agreement with the original owner, Nedegaard Construction Company, Inc., with the understanding that they could construct a "walk-out" house. Since Nedegaard owned both Lot 26 and Lot 27, the grading of both lots were modified to accommodate a "walk-out" house. An additional easement was required by the City on Lot 26 to accommodate the change in house style. That easement was transferred by quitclaim deed; however, the title company failed to record the deed conveying the easement until a later date. The City Engineer has determined the overlaying easement is not necessary for storm water ponding and is not a part of a municipal storm water conveyance system. By vacating the easement, Mr. Niemann will dismiss his lawsuit without cost. Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanhnously. 8:44 p.m. There was no public testimony. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Knight, Seconded by Orttel, the Resolution as presented (See Resolution R087-01 granting the vacation of easement request of the City of Andover on behalf of David Niemann to vacate a drainage and utility easement on Lot 26, Block 1, The Meadows of Round Lake) Motion carried unanimously. CONSIDER RESOLUTIONIPARTICIPATION IN LEAGUE OF MN CITIES BUILDING QUALITY COMMUNITIES Mr, Erar explained the League of Minnesota Cities has launched a public education campaign called Building Quality Communities to enhance the perception of Minnesota cities and increase citizen trust and participation in their local government. They have requested the Council adopt a Resolution to participate. Other cities have adopted the resolution but have done nothing further with the program. Councilmember Jacobson stated he would vote for the resolution if the City does in fact do something and not just give lip service to it. Councilmember Trude stated much of this is simply educating the people, and Andover is already doing a lot of that. The newsletter and the sports complex task force and interested residents are positive things happening in the community. Mr. Erar agreed the City has already taken some steps toward this goal, noting the City Council updates in the newsletter and cable TV spots as part of the effort to educate the residents. Councilmember Trude thought a task force to help better publicize what is going on in Andover might be helpful. The cable company would be happy to produce more local programs. Regular Andover City Council Meeting Minutes-May 15,2001 Page 8 (Participation in League of MN Cities Building Quality Communities, Continued) Motion by Orttel, Seconded by Trude, introducing the Resolution (See Resolution R088-01 committing to "Minnesota Cities: Building Quality Communities" statewide educational effort) Motion carried unanimously. APPROVE JOINT POWERS AGREEMENT WITH ANOKA HENNEPIN SCHOOL DISTRICT #IIIIP01-1/NEW BALL FIELD FACILITY Mr. Carlberg explained the agreement is for the new ball field facility that is being constructed on the parcel being purchased by the City west and adjacent to the new high school. The agreement establishes the on-going joint usage of City and School District athletic facilities. The City Attorney has reviewed the agreement and made three recommendations. Two of the recommendations have been included in the agreement. The third one regarding Section 8 on the terms to amend or dissolve the agreement were not included at the request of the School District. The Task Force discussed the issue at length and felt there should be no cause to dissolve the agreement. It is a unique situation, and they felt they can't have one party dissolving the agreement. If the City decided to dissolve the agreement, the school district would not have the property to build additional ball fields. It is a commitment to a partnership. They understood the Attorney's point of view, but are comfortable with the agreement as submitted. Several Councilmembers were concerned with Section 8 as proposed, wondering what happens if there is a disagreement between the City and the School District. Councilmember Jacobson suggested a provision be added that if there were a disagreement, both parties would go to binding arbitration to solve the problem. Attorney Hawkins agreed that is an alternative. Mr. Erar stated the school district is taking on the maintenance of both the school and City owned fields as far as providing water for irrigation. The City is providing maintenance to its own fields but is not extending it to the school fields. A portion of the City-owned ball field is encroaching on school district property. That is probably one of the reasons supporting the mutual agreement needed to dissolve. Both parties are serving the same constituency. Allowing for arbitration would help both parties in terms of a disagreement. If the school district disagrees with the arbitration clause, he would bring it back to the Council for further consideration. Councilmember Orttel was concerned with the clause in 3.4 in which the City would be responsible for the replacements and improvements within the land it owned. That leaves the City solely responsible for it at the school district's discretion. Mr. Erar stated if the City owned the property, the City puts in the improvements and would want to replace anything that needed to be replaced. Those improvements would need to be agreed to by both parties. --- - - - --- ,- _N __ . ~ -.. -. Regular Andover City Council Meeting Minutes - May 15, 2001 Page 9 (Joint Powers Agreement/Anoka Hennepin School District #11/IPOI-2/New Ball Fields, Continued) Motion by Jacobson, Seconded by Orttel, the joint powers agreement as presented with one change; and that change would be to have the City Attorney insert the appropriate language requiring that we have binding arbitration in the case that the two parties disagree or comes across problems or something that could not be agreed upon, that an arbitrator would be used. DISCUSSION: Councilmember Trude expressed appreciation to Mayor Gamache and Councilmember Knight for their work on the task force for the new ball fields. Motion carried unanimously. APPROVE SUPPLEMENTAL FEASIBILITY REPORT AND WAIVE PUBLIC HEARlNG/IPOO-I8/ANDOVER BOULEVARD EXTENSION Mr. Erickson noted the supplemental feasibility report for the extension of Andover Boulevard updating the project costs, which reflect the new area and connection charges for water and sewer. It also identifies the projected assessment amounts relative to the School District's share of the project. The School District is waiving its right to a public hearing. Councilmember Jacobson asked ifthere has been any contribution by the county. Mr. Erickson stated no. The intersection costs for Andover Boulevard and Crosstown Boulevard will be picked up by the School District. Several Councilmembers expressed concern that the county has done nothing in terms of helping with the new high school or even spending that much within the City itself. Mr. Erickson stated Staff could look at what the county has planned for Andover for the next five years for construction projects and advise them of the needs of the City. Motion by Jacobson, Seconded by Orttel, the Resolution as presented (See Resolution R089-01 accepting the supplemental feasibility study and waiving hearing for the improvements of Project 00-18 for the extension of MSA Street - Andover Boulevard NW). Motion carried unanimously. APPROVE ARTICLES OF INCORPORATIONIBYLAWSIDECLARATIONIRED PINE ESTATES Mr. Carlberg noted the Articles ofIncorporation, Bylaws and Declaration of the Red Pine Estates Twin Home Association with one change suggested in Section 14. The revision adds language that allows the City to enforce the Declaration regarding restrictions on the use of property, architectural standards, maintenance and compliance and remedies in the event the association fails to do so. In addition, the Declaration includes only 12 of the 34 lots/units as a part of the association, with the additional 22 lots/units being added at a later date. There might be a concern with the time ÍÌ'ame in the Declaration that would not allow for a swift process of including those lots. Attorney Hawkins stated the Declaration does not include all the property being platted but allows for the remainder to be added. The developer has said the reason the other lots are not being included now is they Regular Andover City Council Meeting Minutes-May 15,2001 Page 10 (Articles of Incorporation/Bylaws/Declaration/Red Pine Estates, Continued) would have to contribute to the association before they are developed. The problem he sees is that it is not mandatory that the remaining lots be added to the association. At a minimum, he suggested requiring language that the other lots could not get a building permit until that property is added into the coverage of the Declaration. Motion by Jacobson, Seconded by Knight, approval of the Articles of Incorporation, Bylaws and Declaration as stated with two changes: 1) as outlined by the City Attorney in Section 14.08, Page 31, add language necessary to enforce the Declaration and restrictions; 2) Section 16, sorne language to be determined by the City Attorney that would incorporate the remaining lots after the first 12 that would be incorporated as a group. No building permit would be granted on that second set oflots until the Declaration incorporates that second set oflots. Motion carried unanimously. APPROVE FINAL LANDSCAPE PLANS/RED PINE ESTATES -PUD Mr. Carlberg stated Staff handles the enforcement of the landscape plan. They are comfortable with what has been presented. No trees are being planted on Lot 4, which is a single residence, because it is a wooded lot. Councilmember Trude wondered if the City could require replacement of the trees that die within one year. That was not done in Shadowbrook, and it was an issue with some of the residents. Mr. Carlberg stated a one-year guarantee could be' added. That is the typical guarantee of the landscaping company. Councilmember Trude argued the developer should be responsible for the plantings until the lot is turned over to the owner. Mr. Carlberg stated the landscape plan could be amended to include that statement, that the landscaping plantings will be guaranteed for one calendar year after the planting. Mr. Erar stated if a tree dies, the landscaping company should be contacted. He wasn't sure how the City could guarantee that on private property. The owner would be responsible for contacting the landscaping contractor. Mr. Carlberg didn't think there would be an issue on the single family lots because the trees won't be planted until the lots are sold. The City wants to guarantee the plantings in the common areas of the association. Councilmember Trude then felt there wouldn't be a problem. Motion by Orttel, Seconded by Jacobson, to approve the Landscaping Plan as amended. Motion carried unanimously. Regular Andover City Council Meeting Minutes - May 15, 2001 Page 11 APPROVE FINAL PLAT/RED PINE ESTATES - PUDIGOLD NUGGET DEVELOPMENT Motion by Jacobson, Seconded by Orttel, the Resolution as presented. (See Resolution R090-0l approving the final plat of the Planned Unit Development of Red Pine Estates as being developed by Gold Nugget Development in Section 14-32-24) DISCUSSION: Councilmember Trude asked if there were any variances related to buildable lots. Mr. Carlberg didn't believe there were any issues of wetlands. The documents have already been reviewed and the variances granted. The fmal plat conforms to the preliminary plat. Motion carried unanimously. A WARD BIDIIP00-41 AND 00-401RED PINE ESTATES AND WOODLAND OAKS/STREET AND UTILITIES Motion by Orttel, Seconded by Trude, introducing the Resolution accepting bids and awarding contract to the low bidder of Burschville Construction, Inc., for $1,891,794.00; subject to Gold Nugget Development entering into the final development contract and paying all required escrows. (See Resolution R091-01) Motion carried unanimously. 1001 BUDGET DEVELOPMENT PROCESS AND APPROVAL OF COUNCIL FISCAL GOALS Mr. Erar provided a brief overview of the budgeting process and the proposed 2002 budget financial goals. He asked that the Council adopt the 2002 fiscal goals as presented. Motion by Orttel, Seconded by Trude, to so move. DISCUSSION: Mr. Erar stated the next step is to meet with Department Heads. The Council will see a final draft budget document. If the legislature reduces state aid, they will have to adjust revenue. It will be a policy decision whether to raise taxes or cut spending to balance the budget. Any new programs would be incorporated during the budget process. Councilmember Jacobson suggested Mr. Erar look at what people are paid in other cities to be sure the City's Staff is paid comparable to other cities of this size. Mr. Erar stated that would be his objective. Motion carried unanimously. VARIANCE/1540 15STH LANE NWIGERALD WINDSCHITL, CONTINUED Councilmember Orttel and Trude reviewed the discussions earlier this evening on this issue (See Page 3 of these Minutes). A representative of the developer stated they just want to make the house fit on this lot. They feel the best solution is the one recommended by the Planning and Zoning Commission. Attorney Hawkins advised on the question of what is the standard for granting a variance, the real issue is the wetland buffer strip. The variance provision relates to that in Ordinance 10, which states variances can be granted because of undue hardship resulting fÌom the topography or other physical conditions related to the property. The Planning and Zoning Commission indicated their findings had to do with the orientation of the wetland, which is a physical characteristic of the lot. That served as the basis for undue hardship. It was also pointed r Regular Andover City Council Meeting Minutes - May 15, 2001 Page 12 (Variance/1540 158th Lane NW/Gerald Windschitl, Continued) out by Mr. Carlberg that in the past the City has granted variances ITom the wetland buffer strip as a part of the platting process. It was his opinion that there is sufficient legal basis for granting this. If it is denied, the Council is required to set out fmdings why there is no undue hardship. The City approved the configuration of the plat. Now it has been determined there are wetlands and the house cannot conform reasonably without variances. It is due to the topography of the property. Councilmember Knight was still concerned that this would mean three variances on one lot. Mr. Carlberg stated the variance related to buildability has been granted. He felt the City needs to examine when it grants variances to buildability. By granting that variance, the City created the need for two new ones to get a structure to fit on the lot. If the City had said no to the variance on buildability, this wouldn't be a lot, as it would have been reconfigured to get the 100 feet of buildable space. If the City would adhere to the 100-foot buildability standard, these variances would not be an issue. In this case Staff believes there is a hardship. The Planning and Zoning Commission believes there is a hardship and are recommending approval. Option B in the packet is being recommended. Staff has worked closely with the developer to come up with what is in the best interest of the City as well as the developer. Discussion was on the different scenarios regarding the placement of a house on the lot, the concerns of encroaching that far into the wetland buffer area, the preference of some to encroach even further into the ITont yard setback, the local jurisdiction over the wetland buffer area which is enforced during the construction of the house and the watershed jurisdiction relating to the wetlands themselves, and issue of granting variances to the buildable area which created this issue to begin with. Motion by Jacobson, Seconded by Orttel, the Resolution with findings as presented by the Planning and Zoning Commission (See Resolution R092-01 approving the variance request for Gerald Windschitl to vary from the wetland buffer setback provision of Ordinance 114 and the front yard setback provision of Ordinance 8 on property located at IS40 IS8th Lane NW) DISCUSSION: Councilmember Orttel noted both the Staff and Planning Commission favor the variances. He believed allowing the house closer to the road diminishes the character of the area. Mayor Gamache noted all the work done by the Planning Commission and the Staff. Councilmember Knight felt an 8- foot encroachment into the wetland buffer area leaves a very short area, and that is why he suggested moving the house forward. Councilmember Trude wanted something with less impact to the buffer area. This is a SO percent reduction in the buffer area, which is more than she wants to see. One of the Commissioners lives on a lot that encroaches into the buffer area. At their meeting he stated his preference would be to encroach more on the ITont yard and less in the back yard. There is a need for space for the children to play. A house with a garage underneath could be considered. This really maximizes the use of the building pad. Motion carried on a 3- Y es (Gamache, Jacobson, Orttel), 2-No (Knight, Trude) vote. Mr. Carlberg stated the City created this substandard lot through the approval process. This is a good place to re-examine the buildability of lots. Council suggested the item of buildability be addressed at a workshop. Regular Andover City Council Meeting Minutes - May 15, 2001 Page 13 ACKNOWLEDGE MUNICIPAL NEWSLETTER SURVEY RESULTS Council acknowledged the memorandum from Mr. Erar on the results of the survey taken regarding private advertising in municipal newsletters. Only one of the seven cities surveyed allows it. There was no Council discussion on the item. RESCHEDULE JUNE 19 REGULAR MEETING/SCHEDULE COUNCIL WORKSHOP- STRATEGIC PLANNING SESSION Council noted several of them will be attending the League of Minnesota Cities conference in June, which begins on June 19, the day of the regular Council meeting. It was agreed to reschedule that meeting. Motion by Trude, Seconded by Jacobson, to reschedule the second meeting in June, 2001, to June 18, Monday evening beginning at 7 p.m. Motion carried unanimously. The Council also agreed to schedule a workshop for strategic planning on Wednesday, June 13, 2001, at 7 p.m. SCHEDULE COUNCIL WORKSHOP - NORTH METRO MAYORS ASSOCIAITON The Council agreed to set a special workshop on Tuesday, June 5, 6:30 p.m., to hear a presentation on the North Metro Mayors Association. MAYOR/COUNCIL INPUT Announcements - Mayor Gamache announced in recognition of National Police Officers Week, a ceremony will be held tomorrow noon at the Anoka County Govemment Center. He also announced that the Anoka County Veterans Council is holding two services on Saturday, May 26. Permits for selling on street corners - Mayor Gamache asked that the issue of permits for venders to sell on street comers be reconsidered. He has a concern that businesses that are established in the City pay taxes, yet other people can just come in and sell their products on the street comer. Andover Floral has raised the concern that a vender can sell on the street within a block of their store. Also, there is a vender selling rugs quite often on the corner of Hanson Boulevard and Bunker Lake Boulevard. He asked Staff to research the state statutes and the City's limitations for the Council. Mr. Carlberg stated Staff could review the peddler's license and provide a background for a future meeting. Fencing permits - Councilmember Trude would like to see the City institute a fencing permit process, citing several instances of people having to take out fences because they were placed in the Regular Andover City Council Meeting Minutes - May 15, 2001 Page 14 (Mayor/Council Input, Continued) wrong spots. Mr. Erar stated he has dealt with similar issues in the past. It would take an enormous amount of Staff's time to administer the licensing offences. Most communities deal with the issue through education and advising property owners of the requirements. It is a tremendous undertaking to look at the type of review needed for licensing fences. Co-community survey - Mr. Erar reported he has learned that the City of Ramsey no longer wants to proceed with the co-community survey. He has asked the county for an update of the work already done on the second phase. When he receives that information, he will bring the item back to the Council to terminate the relationship. It has been suggested that a survey of Andover residents be done that incorporates the questions ITom the Park and Recreation Commission and the task force for the sports complex regarding the community's parks and recreational needs. He recommended the firm of Decision Resources be hired to work with the task force, the Park Board and the City Council to draft a survey, noting their fees are very reasonable. He would like to move forward with a letter of notice to terminate the co-communities survey and to ask for a proposal from Decision Resources regarding a survey. The Council agreed. May 22 workshop - Mr. Carlberg noted the meeting with the Planning and Zoning Commission would begin at the end of their agenda, around 8 or 8:30. The Council suggested they meet at 7 p.m. to discuss various items, then have the Planning Commission join them when they finish their agenda. It was agreed to set the special workshop on May 22 at 7 p.m. It was also noted that the tour of the water treatment plants has been scheduled for Wednesday, May 30. PAYMENT OF CLAIMS Motion by Knight, Seconded by Jacobson, the payment of Claims. Motion carried unanimously. Motion by Trude, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:58 P.M. Respectfully SyQmi~ ~~,L Recording Secretary