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HomeMy WebLinkAboutCC January 4, 2000 \,..,'·.....1 I \....U LL\J........Q.l \- 11I-U-J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, January 4,2000 agenda Call to Order - 7:00 PM Resident Forum Agenda Approval Bookmark Consent Agenda Name Approval of Minutes minutes Orl!anizational Items I. Approve Official Depositories & Banks depositories 2. Approve Official Newspaper newspaper 3. Appoint Acting Mayor mayor 4. Appoint Standing Committees standing Discussion Items 5. Public Hearing/Ord. No. liS, Interim Ord. Establishing a Moratorium on Telecommunication phord118 Towers 6. Deny VarianceIResidential Identification Sign/I4191 Prairie Road/Sue Rooker rooker 7. Reconsider Acceptance of Payment/Approval of Temp, Workspace Request/Northem, C~m't. northern S. Approve Feasibility Report/9S-17/Bunker Lake Blvd Watennain Improvements appr9817 9. Award Long Tenn Disability Contract longterm HRA Meetinl! 10. Appoint Officers of the HRA hraofficers Staff. Committees. Commissions II. Discuss Right-of- Way Management Ordinance No. 247, Con't. ord247 12, Schedule EDA Meeting eda 13, Appoint Chair and Vice-Chair/2000/Park and Recreation Commission prchairs 14, Schedule Interviews for Park and Recreation Commission Vacancies vacancie 15, Schedule Interviews for Planning and Zoning Commission pz Non-Discussion/Consent Items 16, Approve Fees/2000 Connection Fees, Services & Water Usage fees 17. Approve Lot SplitlVariance/1364 Ward Lake DrivelDavid Horst horst IS. Approve Final Plat/Woodland Estates 2nd Addition fpwood2 19. Reorder Feasibility Report/99-35IWoodland Estates 2nd Addition ord9935 20, Approve Feasibility Report-Waive Public Hearing/99-391l970 - 14Sth Ave NW appr9939 21. Approve Parking for Snowmobiles at Crooked Lake and Round Lake Boat Landings snowmobi 22. Re-approve Plans & Specs/94-30B/City Hall Parking Lot Reconstruction apr9430b 23. Re-approve Plans & Specs/94-30C/City Hall Parking Lot Lighting apr9430c 24. Approve Change Order # I (Compensating)/9S-16/Shadowbrook 4th Addition co19816 25. Approve Final Payment/9S-16/Shadowbrook 4th Addition fpay9816 26. Approve Change Order #1I99-Srrest Well #S co1998 27. Approve Final Payment/99-Srrest Well #S fpay998 2S. Approve Easements/SXX Andover Blvd NWlWindschitl andover 29. Approve Temporary Easement/I 56th Lane Cul-de-sac/Chesterton Commons 3rd Addition cc3 30. Approve Resolution Supporting Anoka-Hennepin Technical College college 31. Approve Revised GIS Contract gis 32. Accept DNR Community Forest Health Grant dnr 33. Approve Master Trust and Custody Services for Investments. investments Mayor/Council Input Payment of Claims Adjournment L U \ LQj'lCJ..LQ I-Iò -au REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 4,2000 TABLE OF CONTENTS AGENDA APPRO V AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 CONSENT AGENDA Resolution R001-00 approving 2000 connection fees, services & water usage. . . . . . .. 1 Resolution R002-00 approving lot split/Variance/1364 Ward Lake Drive/Horst ...... 1 Resolution R003-00 approving final plat/Woodland Estates 2nd Addition. . .. . . . . . .. 1 Resolution R004-00 re-ordering feasibility/lP99-35/Woodland Estates 2nd. . . . . . . . .. 1 Resolution R005-OO approving feasibility/Waive public hearing/IP99-39/1970 14Sth .. 1 Approve parking for snowmobiles at Crooked Lake & Round Lake boat landings. . . .. 1 Resolution R006-00 re-approving plans & specs/lP94-30B/City Hall parking lot ...,. 1 Resolution R007-00 re-approving plans & specs/lP94-30C/City Hall parking lot lighting 2 Resolution ROOS-OO approving Change Order #1 (Compensating)/lP9S-l6/ Shadowbrook 4th Addition . . . . , . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R009-00 approving final payment/IP9S-16/Shadowbrook 4th ........... 2 Resolution R010-00 approving Change Order #1/lP99-S/Test Well #S ............, 2 Resolution R011-00 approving final payment/IP99-S/Test Well #S ................ 2 Approve easements/Sxx/ Andover Boulevard/Windschitl ........................ 2 Approve temporary easement/I 56th Lane cul-de-sac/Chesterton Commons 3rd ...... 2 Resolution R012-00 supporting Anoka-Hennepin Technical College. . . . . . . . . . . . . .. 2 Approve revised GIS contract .........................................,... 2 Accept DNR Community Forest Health Grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .. 2 Approve Master Trust and Custody Services for investments . . . . . . . . . . . . . . . . . . . .. 2 Approve addendum for Recording Secretary contract . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES .................................................. 2 OFFICIAL DEPOSITORIES AND BANKS Resolution R013-00 designating depositories and supplemental depositories. . . . . . . .. 2 APPROVE OFFICIAL NEWSPAPER Motion to approve Anoka County Union. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 APPOINT ACTING MAYOR Motion to appoint Mike Knight as Acting Mayor .............................. 3 STANDING COMMITTEES Motion for appointment to committees temporarily ............................ 3 PUBLIC HEARING: ORDINANCE NO. lIS, INTERIM ORDINANCE ESTABLISHING MORATORIUM ON TELECOMMUNICATION TOWERS Motion to approve ordinance ......................,....... . . . . . . . . . . . . . . .. 3 V ARIANCE/RESIDENTIAL IDENTIFICATION SIGN/14191 PRAIRIE ROAD/ROOKER Motion to send issue of hobby farm signs to P&Z for consideration. . . . . . . . . . . . . . .. 4 RECONSIDER ACCEPTANCE OF PA YMENT/APPROV AL OF TEMPORARY WORK SPACEREQUESTINORTHERNNATURALGAS..........................,. 5 FEASIBILITY REPORT/lP9S-17/BUNKER LAKE BOULEVARD W A TERMAIN Motion to approve (failed) ...,.....,...................................... 6 AWARD LONG-TERM DISABILITY CONTRACT Motion to award contract to Fortis. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 DISCUSS GREY OAKS ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Motion for P&Z to consider rezoning Grey Oaks property from M-2 to R-4 ......... S Regular Andover City Council Meeting Minutes - January 4, 2000 Table of Contents Page ii DISCUSS RlGHT-OF-WA Y MAINTENANCE ORDINANCE NO. 247 .. . . . . . . . . . . . .. 8 Motion to approve ordinance .............................................. 9 SCHEDULE EDA MEETING (January 27) ...................................... 9 APPOINT CHAIR & VICE-CHAIR/2000 PARK AND RECREATION COMMISSION Motion to table until after appointments ..................................... 9 SCHEDULE INTERVIEWS FOR PARK AND RECREATION COMMISSION VACANCIES (February 8, 6:30 p.m.) . . . , . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . , . . .. 9 SCHEDULE INTERVIEWS FOR PLANNING AND ZONING COMMISSION. . . . . . . . . . (February 10,6:30 p.m.) , . . . . . . . . . , . . , . . . . . . . . . . . , . . , . . . .. . , . . . . . . . . . . . . ., 9 MAYOR/COUNCIL INPUT School Board meeting on Monday regarding a senior high school ..........,..... 10 APPROVAL OF CLAIMS .......,..........,....................,.......... 11 ADJOURNMENT ................,........................................ 11 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 4,2000 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, January 4, 2000, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel 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, Richard Fursman Others AGENDA APPRO V AL Add Item 9a, Discuss Grey Oaks Issues, and Item 34, Approve Addendum for Recording Secretary Contract. Motion by Jacobson, Seconded by Johnson, approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 16 Approve Fees/2000 Connection Fees, Services and Water Usage (Resolution ROO 1-00) Item 17 Approve Lot Split/Variance/1364 Ward Lake Drive/David Horst (Resolution R002-00) Item 18 Approve Final PlatIWoodland Estates 2nd Addition (Resolution R003-00) Item 19 Reorder Feasibility ReportlIP99-35/Woodland Estates 2nd Addition (Resolution R004-00) Item 20 Approve Feasibility Report - Waive Public Hearing/IP99-39/1970 148th Avenue NW (Resolution R005-00) Item 21 Approve Parking for Snowmobiles at Crooked Lake and Round Lake Boat Landings Item 22 Re-approve Plans and Specs/IP94-30B/City Hall Parking Lot Reconstruction (Resolution R006-00) Regular Andover City Council Meeting Minutes - January 4, 2000 Page 2 (Consent Agenda, Continued) Item 23 Re-approve Plans and Specs/IP94-30C/City Hal! Parking Lot Lighting (Resolution R007-00) Item 24 Approve Change Order #1 (Compensating)/IP9S-16/Shadowbrook 4th Addition (Resolution ROOS-OO) Item 25 Approve Final Payment/IP9S-16/Shadowbrook 4th Addition (Resolution R009-00) Item 26 Approve Change Order #1/IP99-S/Test Well #S (Resolution ROlO-OO) Item 27 Approve Final Payment/IP99-Srrest Wel! #8 (Resolution ROll-00) Item 28 Approve Easements/8xx Andover Boulevard NW /Windschitl Item 29 Approve Temporary Easement/156th Lane Cul-de-sac/Chesterton Commons 3rd Addition Item 30 Approve Resolution Supporting Anoka-Hennepin Technical College (Resolution R012-00) Item 31 Approve Revised GIS Contract Item 32 Accept DNR Community Forest Health Grant Item 33 Approve Master Trust and Custody Services for Investments Item 34 Approve Addendum for Recording Secretary Contract Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda. Motion carried unanimously. APPRO V AL OF MINUTES December 16, 1999, Special Meeting: Correct as written. December 16, 1999, Special Meeting with the Park and Recreation Commission: Correct as written. December 21, 1999, Regular Meeting: Correct as written. Motion by Knight, Seconded by Johnson, approval of al! three Minutes. Motion carried unanimously. APPROVE OFFICIAL DEPOSITORIES AND BANKS Motion by Jacobson, Seconded by Orttel, move approval of the Resolution designating depositories of the City and supplemental depositories of City funds with the spelling correction in the fourth paragraph of Piper Jaffray. (Resolution R013-00) Motion carried unanimously. APPROVE OFFICIAL NEWSPAPER Motion by Knight, Seconded by Orttel, approving the Anoka County Union as the City's official newspaper for 2000. Motion carried unanimously. Regular Andover City Council Meeting Minutes - January 4, 2000 Page 3 APPOINT ACTING MAYOR Mayor McKelvey recommended appointing Mike Knight, the senior Councilmember, as Acting Mayor. Motion by Jacobson, Seconded by Johnson, to so move. Motion carried on a 4-Yes, I-Present (Knight) vote. APPOINT STANDING COMMITTEES Mayor McKelvey recommended the following appointments: Road Committee: Julie Johnson, Chair; Ken Orttel Economic Development Committee: Ken Orttel, Chair; Jack McKelvey Public Safety Committee: Don Jacobson, Chair; Mike Knight Personnel Committee: Jack McKelvey, Chair; Don Jacobson Environmental Committee: Mike Knight, Chair; Julie Johnson Councilmember Jacobson suggested approving these temporarily, but he felt in the near future the Council should reconsider the committees again. Only the Personnel and Road Committees have been meeting. Mayor McKelvey agreed, noting the Economic Development Committee has been picked up by the EDA. Motion by Jacobson, Seconded by Johnson, that on a temporary basis, move approval as presented but to look at it early in the year. Motion carried unanimously. PUBLIC HEARING: ORDINANCE NO. 118, INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON TELECOMMUNICATION TOWERS Motion by Jacobson, Seconded by Johnson, to open the public hearing. Motion carried unanimously. 7:15 p.m. There was no public testimony. Motion by Johnson, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, Ordinance No. 118 as presented. Motion carried unanimously. Regular Andover City Council Meeting Minutes - January 4, 2000 Page 4 DENY VARIANCE/RESIDENTIAL IDENTIFICATION SIGN/14191 PRAIRIE ROAD/SUE ROOKER Mr. Carlberg reviewed the request of Sue Rooker to allow a 16-square-foot sign to remain on her single family residential property. Ordinance 8, Section 8.07 regulates signs, and the maximum square footage allowed per residential lot is four square feet. The Planning and Zoning Commission is recommending denial because there is no specific hardship present. 'The reason this was brought to Staffs attention was because of a concern registered regarding the limousine service. The Ordinance has been in place since 1971. Sue Rooker. 14191 Prairie Road NW - stated the sign has been there for ten years, but she changed it to a different name. She didn't know a variance was needed. No one ever said anything about her sign before. She asked to be allowed to leave the sign for three to five years until she moves to South Carolina, at which time she will take the sign with her. She talked to the neighbors, who have signed a petition stating they do not object to the sign. Ms. Rooker stated she changed the name to reflect the fact that it belongs to her now. Councilmember Orttel stated he watched the public hearing on cable TV and noted some reservation by the Planning and Zoning Commission, though they recommended to stay within the ordinance. He stated in the western suburbs there are many small horse operations, and the people are proud of their insignias. It seems to be fairly common. This is more than just a residence because of the operations there. With the exception of the limousine service, this is no different than those horse farms in other suburbs. He wondered if the City should consider allowing those hobby farms to have larger signs. Without a change to the ordinance, however, he didn't see how the variance request could be approved because there is no hardship. Mayor McKelvey agreed, suggesting those signs only be allowed in the rural areas, possibly on 10 acres or more. Ms. Rooker - stated she is very proud of her sign and what she has done. It is a lO-acre parcel on the edge of Coon Creek. She would not have put up the new sign if she had known it was in violation of the ordinance. She doesn't plan on staying past five years and again asked to be allowed to keep the sign until she leaves. She has only started the paperwork for the limousine service, so that is not operational at the moment. That service will be 99 percent in South Carolina. The sign is an insignia of what she is doing here and in South Carolina. The sign doesn't harm anyone and no one is objecting to it. Motion by Knight, Seconded by Orttel, to send the issue to the Planning and Zoning Commission in terms of looking at this type of signage as a part of the ordinance, and stay this item until a report is received back. Motion carried on a 4- Yes, I-No (Jacobson) vote. Regular Andover City Council Meeting Minutes - January 4, 2000 Page 5 RECONSIDERACCEPTANCEOF PAYMENT/APPROVAL OF TEMPORARY WORK SPACE REQUEST/NORTHERN NATURAL GAS, CONTINUED Mr. Carlberg stated the City received a fax today relating to the conditions in the Resolution in the Council's packet in accepting payment and granting temporary work space for the installation of another pipeline by Northern Natural Gas. Northern Natural Gas has said they do not now agree to those conditions. Because of that, he did not see any purpose in discussing the issue. The fax contradicts what Staff has discussed with Northern Natural Gas a few weeks ago. The plans submitted to FERC by Northern Natural Gas were to bore under the City's streets. It is Staffs understanding that any change to that would require Northern Natural Gas to make an application to amend the construction standards. In talking with the FERC representatives, they were surprised at comments of Northern Natural Gas to open cut the streets, and they were skeptical of it being allowed by FERC. Staff will monitor the situation. Mayor McKelvey asked for a motion to reconsider the Council's position on these issues, There was none. John Moore. 16030 Makah - stated at the last meeting he asked for legal advise on the City's liability if the gas line goes through. Have those legal issues been addressed and what are the answers? He asked will the City be responsible for resurfacing the streets if Northern Natural Gas does an open cut to install the pipeline. At a City Council meeting on October 2, 1979, the City acted against the desires of 10 of the 12 property owners along that line to blacktop 160th Lane and blacktopped the street. There is still the issue of an accident or problem while boring under the s~reet because it is, '-IS-DO a distance of 1500 feet. The DNR raised that issue for digging under the ~ {\\,'fuch-i~Ontÿtðö feet. Who wi!! be responsible? The second issue raised at the meeting in 1979 was that of safety. If the pipeline is under the blacktop and there is a leak, it will come around and create a huge explosion because the gas wi!! be spread all over. He assumed the City could be held liable for lawsuits. If this pipeline goes through, he strongly urged the City to resolve the legal issues first. He suggested the City not approve this until relieved of these liabilities. Attorney Hawkins stated he was not asked by the Council to address these issues. The City has no control over the pipeline. Mr. Moore disagreed, saying the recommendation from FERC was that if the pipeline was not installed in 1999, that an alternate route be used. Many of these issues are technical and legal and should be addressed. He again requested the City Council to have the City Attorney address these issues for answers if the City does have to accept the easement. He asked that the Environmental Assessment of August, 1999, be reviewed which states the City can still send in an objection to having this gas line put in even though that deadline has passed. Last Thursday he talked with Mr. Carlberg who stated the gas line is going to be built. He didn't feel that was the correct attitude to be taking with the residents. Mr. Carlberg stated he indicated the line will go through where FERC allows it to go. Councilmember Jacobson indicated that is a correct statement. Regular Andover City Council Meeting Minutes - January 4, 2000 Page 6 (Northern Natural Gas Pipeline Issues, Continued) Winslow Holasek. 1159 Andover Boulevard - stated many residents didn't think the position of Northern Natural Gas to open cut across the streets if the City does not accept the payment and temporary easements was ethical. It is abusive use of the Certificate to threaten to get what they want. He asked the Council to contact FERC and file an objection to the actions of Northern Natural Gas. Has that been done? Mr. Carlberg stated Staff has contacted FERC regarding the procedure to amend the construction plans. He explained the position being taken by Northern Natural Gas but did not register a complaint of their actions. Mr. Holasek felt the City should register a formal complaint with FERC that it was threatened by Northern Natural Gas. He also suggested the City's federal representatives be contacted. He felt that the City should receive statements from Northern Natural Gas in writing. The Council noted the only thing in writing is the fax received today that they object to the conditions in the resolutions, though the only two conditions in the resolution accepting payment references boring under the street as originally proposed and restoring all roads to preconstruction condition at Northern's expense. The Council suggested the City Attorney look at this, talk it over with Mr. Carlberg and see if there should be any action taken by the City to the federal authorities. APPROVE FEASIBILITY REPORTIIP98-17/BUNKER LAKE BOULEVARD WATERMAIN IMPROVEMENTS Motion by Jacobson, Seconded by Knight, to move Item 8. DISCUSSION: Mr. Erickson explained the project supplied a number of properties that did not have water service. Twelve residents did get water service which will be assessed through their own improvement and one requested to hook up. That will go through a separate public hearing process. Councilmember Orttel noted this was a City-initiated project. Hook up is not required until there is a problem with the water supply. He was not sure this is proper to assess the improvements. One may not be a buildable parcel, so what position will the City take? If it is assessed and deferred, there is a big interest bill. The water service was already across there before this project, but the service was just not put in. Mr. Erickson confirmed the main was constructed a number of years ago. A small copper service was provided to the properties in this project. This would be lateral and some area charges. Councilmember Orttel noted that because some of the parcels could be subdivided, the assessments could be as much as $12,000. Once the hearing is held, the potential assessment goes on their title. There has been some talk of designating some of the parcels as commercial rather than residential. Wouldn't it be better to wait and assess under the commercial rates? Depending on the Council's action, this could aggravate a lot of people needlessly. Vote on Motion: 2-Yes (Jacobson, Johnson), 3-No (McKelvey, Knight, Orttel). Motion failed. Regular Andover City Council Meeting Minutes - January 4, 2000 Page 7 (Feasibfity Report/IP98-I7/Bunker lake Boulevard Watermain Improvements, Continued) The Council suggested a better way to proceed would be to contact the affected parcels; and if they wish to hook up to water, each would be done as a separate feasibility as they come in. AWARD LONG-TERM DISABILITY CONTRACT Motion by Orttel, Seconded by Knight, to award the contract to Fortis at $0.24 per $100 of covered payroll. Motion carried unanimously. DISCUSS GREY OAKS ISSUES Councilmember Jacobson understood when the M-2 zoning was moved ITom the east side of Hanson Boulevard to the west side, it was done so with the understanding and promise that the property was to be an empty-nester development. The preliminary plat of Grey Oaks did show a PUD mixed use of senior empty nesters and commercial, plus there was lengthy discussions on the possibility of a TIF district. The plat has now come back in with a revision that does not look like empty nesters but strictly as an M-2 zone. It went from 350 units to about 516 units. One of the provisions of the resolution approving the preliminary plat was that if an conditions were not met, the plat would be null and void. Because of that, he was wondering if there was Council support to direct the Staff and City Attorney to rezone the property back to R-4, Single Family Urban Residential. Attorney Hawkins stated the City has the right to rezone property until the owner has acquired a vested right to it. At this point it was his opinion that the landowner, having done little more than the paper work for the plat, does not have a vested right to the M-2 zone. From a legal standpoint, the City can change the zoning classification as long as it is conforms to the Comprehensive Plan. He also agreed that because the revision is a substantial change to the approved plat that it should go through the entire process again, including the notification of the surrounding properties. Councilmember Jacobson noted the Comprehensive Plan would also have to be amended, and he was not sure whether or not the Metropolitan Council would approve. Councilmember Orttel had not heard that the development was no longer going to be empty nester. The PUD was for the mixed use of commercial and residential. Mr. Carlberg stated the PUD had a commercial component, along with a number of types of residential components. From what they have seen in the revised plat, it appears there is no PUD and no senior empty-nester housing. When that was mentioned to the developer, he did not agree or disagree. Based on the increase in the number of units, it appears it is a standard M-2 development. The developer submitted a letter with the revised plans and a check to be applied to escrow. However, Staff is treating it as a new plat rather than a revision, with the Planning Commission viewing the sketch plan next Tuesday because of the substantial changes and increase in the number of units. Regular Andover City Council Meeting Minutes - January 4, 2000 Page 8 (Discuss Grey Oaks Issues, Continued) Councilmember Orttel agreed the preliminary plat was approved based on the promise that the development was to be for senior empty nesters; and if that is no longer the case, he would be in favor of rezoning to R-4. He just wasn't sure that the empty nester housing was no longer being considered. He too was concerned that the Metropolitan Council would not approve a rezoning. There was general agreement that the revised plat is radically different than the approved one. If the conditions of the Resolution were violated, it was agreed the property should be rezoned to R-4. It was suggested the City initiate the Comprehensive Plan amendment and the rezoning concurrently. The developer has an opportunity to address the Council if they are interpreting his actions incorrectly. Motion by Jacobson, Seconded by Johnson, to refer to the Planning and Zoning Commission to look at rezoning of what we now know as Grey Oaks from M-2 to R-4 and hold the public hearing. DISCUSSION: Councilmember Jacobson indicated the hearing would be for both the Comprehensive Plan Amendment and for the rezoning. The Council also indicated Staff should ask the developer if he wishes to continue with the sketch plan process, though the City is looking at changing the zoning. Motion carried unanimously. The Council recessed at this time to hold an HRA meeting, 8:23; reconvened at 8:25 p.m. DISCUSS RIGHT-OF-WAY MAINTENANCE ORDINANCE NO. 247, CONTINUED Councilmember Jacobson stated because of a conflict of interest, he will neither vote nor participate in the discussion of this item other than to suggest a correction on Page 21, Section 28. In the middle of the paragraph, it should be corrected to read: "Should the Registrant fail to respond in a timely manner to move or support the facility in question, the costs associated therein..." He then stepped down from the Council's podium. Mr. Carlberg explained Staff made the corrections throughout the Ordinance relating to those agreed upon by the City Attorney and Councilmember Jacobson. A number of comments still need to be discussed by the Council. Staff will need to do further research on what other cities are doing for fee schedules and bring back a recommendation for fees with the final adoption of the ordinance. Mr. Carlberg also stated the League of Minnesota Cities ordinance was followed and then reviewed by the City Attorney. Does the Council wish to follow that ordinance and see what happens or does it want to discuss different variances of it? The Council generally favored following the draft ordinance; and if changes are needed in the future, the ordinance can be amended. -, Regular Andover City Council Meeting Minutes - January 4, 2000 Page 9 (Right-aI-Way Maintenance Ordinance No, 247, Continued) Motion by Orttel, Seconded by Knight, to approve the Right-of-Way Ordinance with the legal version as written. Motion carried on a 4- Y es Vote. Councilmember Jacobson did not vote. (He then returned to the Council podium) SCHEDULE EDA MEETING Mr. Carlberg noted the EDA needs to discuss the development of Andover Station and consider the expired term of Robert Nowak. The Council agreed to schedule an EDA meeting on Thursday, January 27 at 7 p.m. APPOINT CHAIR AND VICE-CHAIR/2000 PARK AND RECREATION COMMISSION Mayor McKelvey noted the suggestion to appoint Jeff Kieffer as Chair and Valene Holthus as Vice- Chair, which follows the rotation used in the past. Park and Recreation Commission Chairperson Dave Blackstad stated Staff had not contacted Commissioner Kieffer regarding the appointment. He talked with Commissioner Kieffer today, who said he did not know if he would be able to donate the time needed as Chairperson. Chairperson Blackstad stated he discussed it with the other Commissioners; and if he is reappointed, they would have no objection to him serving another term as Chair. Motion by Orttel, Seconded by Jacobson, to table the issue on the Park Board Chair and Vice-Chair until after the appointments have been made to the Park and Recreation Commission, and the current Chair to serve until then. Motion carried unanimously. SCHEDULE INTERVIEWS FOR PARK AND RECREATION COMMISSION VACANCIES Mr. Carlberg noted there are 11 to 12 applications for the Park and Recreation Commission. The Council agreed to interview all applicants, including those who are reapplying for the position, on February 8 starting at 6:30 p.m. SCHEDULE INTERVIEWS FOR PLANNING AND ZONING COMMISSION Mr. Carlberg indicated there are 13 applications for the Planning and Zoning Commission. The Council agreed to interview all applicants, including those who are reapplying for the position, on February 10 started at 6:30 p.m. They also suggested information be available for other areas in which these residents can volunteer in the City. Regular Andover City Council Meeting Minutes - January 4, 2000 Page 10 MAYOR/COUNCIL INPUT School Board meeting on Monday regarding a senior high school - The Council determined that because three members were going to be present at the school board meeting, that it should be declared a Special Andover City Council meeting as well. The Council discussed possible locations within Andover for a senior high school that the school district may be considering. Besides the parcel south of Woodland Estates, Mr. Carlberg summarized some of the advantages and problems of two other potential sites, one south of 161 st and east of Round Lake Boulevard and one north of 161st east of Hanson Boulevard. Mayor McKelvey stated the school district would like to know the costs of bringing sewer up to both sites, but there is concern with the wetlands and railroad tracks on the northeastern site. He was told if the City does not want to cooperate with siting a high school in Andover, the school district is looking at a site in Ramsey. The school district is overwhelmed with calls from the Woodland Estates neighborhood, but he has assured them that Andover does want the high school. Randall H? 15024 Swallow - stated the neighbors are very interested in this issue and in having a high school in Andover, believing it will be a benefit to the community. They don't believe all the issues on the best site selection for the children, the City and the school district have been addressed. That is why they have asked the City to continue to pursue meeting with the school district. He felt there are a lot of benefits to the site on 161st east of Round Lake Boulevard. Both Round Lake and Hanson Boulevards are already planned to be extended to four lanes. Some of the costs of extending sewer and water wi!! be tax revenue. They want to make sure all people know that information. Wi!! the City Council and Staff be involved in that meeting on Monday? He felt it would be important for Mr. Carlberg to be there. Mr. Carlberg stated any information given to the residents has been given to the school district. The costs given to run the sewer to the site east of Round Lake Boulevard is only a rough estimate. Another concern with that site is the cost ofrnoving the gas pipeline that now runs through the site. Another gentleman was concerned that the primary focus was on the site south of their neighborhood and not enough attention has been given to the other two sites. He felt the site east of Hanson Boulevard has some merit. There are not a lot of soil constraints and the City utilities are very close. Mayor McKelvey indicated the school district has looked at that site and is concerned because of the wetland in the back. Mary Alexson. 22256 150th - understands the committe plans to bring the site selection to the school board on Monday night. Mayor McKelvey stated the group of sites wi!! be brought to the school board, which includes the three sites in Andover and one in Ramsey. There was then discussion with residents present regarding the costs and concerns of running sanitary sewer to the site east of Round Lake Boulevard, the ultimate extension of the MUSA, concerns with financing the extension ofthe sewer and information that should be available for Monday's meeting. Mr. Carlberg stated Regular Andover City Council Meeting Minutes - January 4, 2000 Page 11 (Mayor/Council Input, Continued) he could call the Metropolitan Council representative before that meeting to discuss the possible extension of the City's sewer line to those sites and whether they have ever rejected a proposal to extend sewer for a new school. APPROVAL OF CLAIMS Motion by Orttel, Seconded by Johnson, to approve the Claims. Motion carried unanimously. Motion by Jacobson, Seconded by Johnson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:34 p.m. Respectfully submitted, ~~~L Recording Secretary