HomeMy WebLinkAboutCC July 18, 2000
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W,· ANDOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755-8923
Regular City Council Meeting - Tuesday, July 18, 2000 agenda
Call to Order -7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
1. Anoka County Sheriff Monthly Report sheriff
2. DiscussionIPrivate Road Easements/Landlocked Parcels easements
3. Variance (V AR 00-13)Æxpand Non-conforming Structure/17151 Tulip St./Larsen/Cont.Iarson
4. Comprehensive Plan Amendment (CPA 00-07)/RM to C/7th Ave. & Bunker/Sonsteby cpasonsteby
5. Rezoning (REZ 00-04)/M-2 to GB/7th Ave. & Bunker/Sonsteby rzsonsteby
6. Amend Ordinance 8/Contract Rezoningsffransitional Commercial Districts Ord 8
Non-Discussion/Consent Items
7. Approve Garbage Haulers License garbage
8. Approve Quotes/Playground Equipment/Pine Hills Park pinehills
9. Approve Waiver of Fees/Adult Tournament Application/Northern Suburban Mutual Aidwiavefee
10, Declare Cost/00-14/142XX Round Lake Blvd NW dclrOO14
11. Declare Cost/00-24/14268 Round Lake Blvd NW dclrOO24
12. Accept Petition/OO-29/Lakeview Terrace & Adjoining Areas/WM petOO29
13. Update of Snow Depth Requirements for Snowmobiles/Ordinance 109 ordl09
14. Approve Quotes/Playground Equipment/Sunshine Park sunshine
15. Approve Final Payment/99-32/1999 Overlays fpay9932
16. Receive Assessment Roll/Order Public Hearing/98-11/Jay Street NW ord9811
17. Approve Amended Spec. Use Permit (ASUP 00-05)/1717 Crosstown Blvd. NW/Nextelsupnextel
18. Financial Policy Update financial
19. Approve Recycling Agreement with Anoka County recycle
Mayor/Council Input
Payment of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 18, 2000
TABLE OF CONTENTS
RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . ., 1
AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
CONSENT AGENDA
Approve garbage hauler licenses ..,........................................ 2
Approve quoteslPlayground equipment/Pine Hills Park (MN-WI Playground) ....... 2
Approve waiver of fees/Adult tournament application/Northern Suburban Mutual Aid. 2
Resolution R148-00 declaring costs and ordering assessment roll/IPOO-141142xx
Round Lake Boulevard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Resolution R149-00 declaring cost and ordering assessment roll/IPOO-24/14288
Round Lake Boulevard ............................................... 2
Resolution R150-00 accepting petition and ordering feasibiIity/IPOO-29/Lakeview
Terrace and adjoining areas/Watermain .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Update of snow depth requirements for snowmobiles/Ordinance 109 . . . . . , . . . . . . . .. 2
Approve quoteslPlayground Equipment!Sunshine Park (MN-WI Playground) .. . . . . .. 2
Resolution R151-00 approving final paymentlIP99-32/1999 Overlays . . . . . . . . . . . . .. 2
Resolution R152-00 receiving assessment rolIlordering public hearinglIP98-11/Jay St . 2
Resolution R153-00 approving amended Special Use Permit (ASUP 00-03)/1717
Crosstown BoulevardlNextel .......................................... 2
Financial policy update. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. 2
Approve recycling agreement with Anoka County ............................. 2
GIS license agreement! Anoka County ....................................... 3
APPROVAL OF MINUTES .................................................. 3
DISCUSSIONIPRIV A TE ROAD EASEMENTS/LANDLOCKED PARCELS. . . . . . . , . .. 3
Motion to leave ordinance as is ............................................ 4
ANOKA COUNTY SHERIFF MONTHLY REPORT . . . . . . . , . . . . . . . . . . . . . . . . . . . . .. 4
VARIANCE (V AR 00-13)/EXP AND NON-CONFORMING STRUCTURE/17151 TULIP 4
Resolution R154-00 approving variance ..................................... 5
COMP PLAN AMENDMENT (CAP 00-07/RM TO C and REZONING (REZ 00-04)/
M-2 TO GBI7TH A VENUE AND BUNKER/SONSTEBY .................,.... 5
Resolution R155-00 denying request for Comp Plan Amendment ................. 7
Resolution R156-00 denying rezoning request ................................ 7
AMEND ORDINANCE 8/CONTRACT REZONINGSffRANSITIONAL COMMERCIAL 7
Motion to approve amendments . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
NORTHERN NATURAL GAS EASEMENT/GREY OAKS ......................... 8
Motion to not intervene in the matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
HIGH SCHOOL BALL FIELDS DISCUSSION. . . . . . . . . . . . . . . . .. .. ., . . . .. . . . . . .. 10
SUNSHINE PARK PAVILION CONTRACT ................................... 11
MAYOR/COUNCIL INPUT
Entrance signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . .. 12
Conflicts of interest .................................,.................. 12
Property purchases ......,.............................................. 12
Signs on snowmobiling .,............................................... 12
Advertisements on telephone poles .............,........................,. 12
Resignation (Councilmember Johnson) ..........,.............,....,....... 12
APPROVAL OF CLAIMS .................................................. 13
ADJOURNMENT .... . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . . .. 13
CITY of ANDOVER
REGULAR ANDOVER CITY COUNCIL MEETING - JULY 18,2000
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack
McKelvey, July 18, 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
RESIDENT FORUM
Charlie V eiman. 13646 Crooked Lake Boulevard - complimented the Staff and Council for the work
on the Andover Fun Days. He stated it was an enjoyable event, one that is needed to pull the
growing community together. Councilmember Johnson thanked him for his help as well.
Jeny Windschitl. Grey Oaks developer - requested an item be placed on the agenda regarding the
Northern Natural Gas easement in the Grey Oaks project. The bids have not been awarded because
ofan issue raised by Northern Natural Gas. There was an attempt to resolve it today, but he didn't
know if the City Attorney had an opportunity to review it. Attorney Hawkins stated the proposal was
not acceptable, and that was conveyed to Mr. Windschitl's attorney this afternoon. Northern Natural
Gas informed Mr. Windschitl on August 19, 1999, that they would not allow the installation of
underground utilities until the issues were resolved. They had a year to resolve this matter. The
proposal today was to include language in the development contract regarding indemnification. It
was his opinion this is a private matter between the developer and Northern Natural Gas and that the
City should not be involved.
Mr. Windschitl asked if the City is going to support the things that the gas company is requesting.
This would also affect all of the other large property owners along the pipeline. The encroachment
agreement they are requiring him to sign takes away some of their rights plus other things as well.
The City has crossed the gas line a number of times before under exactly the same conditions.
Attorney Hawkins b.elieved this was an issue even before the City's dispute with the gas company.
He again noted it is a private dispute between a land owner and the owner of an easement. He felt
in the last year Mr. Windschitl could have asked for a judgement by the courts on the encroachment
agreement. There is no reason for the City to take any risk whatsoever by becoming involved in this
dispute. Council agreed to add this item to the Agenda for more discussion.
Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 2
(Resident Forum, Continued)
Don Eveland. 14722 Crosstown - was curious about what is going on with the high school and the
ball fields. Council agreed to add the discussion to the Agenda.
Park and Recreation Commissioner Al Grabowski - asked to add an item to the Agenda regarding
the completion of the gazebo picnic shelter at Sunshine Park. The Council agreed.
AGENDA APPROVAL
Add Items 6a, Northern Natural Gas Easements/Grey Oaks; 6b, High School Ball Fields Discussion;
6c, Sunshine Park Pavilion Contract; and 20, GIS License Agreement/Anoka County.
Motion by Jacobson, Seconded by Knight, approval of the Agenda as amended. Motion carried
unanimously.
CONSENT AGENDA
Item 7 Approve Garbage Haulers Licenses (BFI Waste Services of the Twin Cities,
Pretzel's Sanitation for both residential and commercial, Williams Pick Up
Service)
Item 8 Approve Quotes/Playground Equipment/Pine Hills Park (awarded to MN-WI
Playground for $23,894.52)
Item 9 Approve Waiver of Fees/Adult Tournament ApplicationINorthern Suburban
Mutual Aid
Item 10 Declare Cost and Order Assessment RolllIPOO-14/142xx Round Lake Boulevard
NW (Resolution R148-00)
Item 11 Declare Cost and Order Assessment RolllIPOO-24/14288 Round Lake Boulevard
NW (Resolution R149-00)
Item 12 Accept Petition and Order Feasibility/IPOO-29/Lakeview Terrace and Adjoining
Areas/Watermain (Resolution R150-00)
Item 13 Update of Snow Depth Requirements for Snowmobiles/Ordinance 109
Item 14 Approve Quotes/P1ayground Equipment/Sunshine Park (awarded to MN-WI
Playground for $6,799.57)
Item 15 Approve Final Payment/IP99-32/1999 Overlays (Resolution R151-00)
Item 16 Receive Assessment Roll/Order Public HearinglIP98-11/Jay Street NW
(Resolution R152-00)
Item 17 Approve Amended Special Use Permit (ASUP 00-03)/1717 Crosstown
Boulevard NW/Nextel (Resolution RI53-00)
Item 18 Financial Policy Update
Item 1 9 Approve Recycling Agreement with Anoka County
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Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 3
(Consent Agenda, Continued)
Item 20 GIS License AgreementlAnoka County
Motion by Johnson, Seconded by Jacobson, to approve the Consent Agenda. Motion carried
unanimously.
APPROVAL OF MINUTES
June 28, 2000, Special Council Meeting: Correct as written,
July 5, 2000, Regular Council Meeting: Correct as written.
Motion by Knight, Seconded by Johnson, approval as written of both Minutes. Motion carried
unanimously.
DlSCUSSION/PRIVATE ROAD EASEMENTS/LANDLOCKED PARCELS
Counci1member Jacobson excused himself from discussion and voting on this matter because he is
a close friend of one of the residents who is requesting a change.
The Council discussed the ordinance requirements pertaining to accessibility and buildability of
landlocked parcels, those properties without frontage on a public roadway. Mayor McKelvey noted
the Planning Commission has recommended no changes to the ordinance, concluding that the
existing ordinance allows for variances in unique situations.
The Council was concerned with changing the ordinance because it could create the problem of
many requests to split lots in the back with only an easement for access. On the other hand, there
are situations where it would be appropriate to allow a home on a landlocked parceL The problem
is the criteria for granting a variance is restricted to a hardship having to do with the land, Mr.
Carlberg stated the hardship can be related to the characteristic, shape or topography of the land or
denying reasonable use of the land.
Councilmember Orttel noted the two requests on this matter are quite different from one another.
One case involves a 90-year-old house on a piece of property that doesn't have legal frontage. The
house is already there but needs to be remodeled or replaced. The other one is someone who owns
40 acres without frontage who is able to access through easement on someone elses property. A new
house would be created. He preferred keeping the ordinance as is with the ability ofthe governing
body to allow for variances in unique situations. Each situation would be reviewed individually as
they have always done. Councilmember Knight felt the situation with the 90-year-old house is a
catch 22. On the one hand the house is so deteriorated it is not worth putting money into it, but the
City wi!! not allow him to do anything else. Councilmember Johnson agreed with leaving the
ordinance as is and granting variances for unique situations.
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Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 4
(Discussion/Private Road Easements/Landlocked Parcels, Continued)
Motion by Orttel, Seconded by Johnson, that the Council agrees with the Planning Commission in
leaving the ordinance as is regarding private road easements and landlocked parcels. Motion carried
on a 4- Yes, I-Abstain (Jacobson) vote.
ANOKA COUNTY SHERIFF MONTHLY REPORT
Captain Larry Klink reported the number of cans for service for June, 2000, was lower than the
previous year, They responded to 1,028 calls total in June, with 799 incident reports. In response
to questions from the Council, he explained there has been a concerted effort by the Community
Service Officers to patrol the parks. There was a problem with getting the field lights turned off, but
he felt that has been resolved. They have worked to monitor that situation more closely. They have
not had a lot of curfew arrests. Overall,juvenile arrests are down, Councilmember Johnson thanked
the Department for their efforts during the Andover Fun Days.
Captain Klink stated they have debriefed the event and win be attending the Andover Fun Days
Committee's next meeting.
VARIANCE (VAR OO-13)ÆXPAND NON-CONFORMING STRUCTUREl17151 TULIP
STREET/LARSEN
The Council discussed the variance request of Jason Larsen to allow for a 434-square-foot addition
to an existing non-conforming single family home on a non-conforming 1.5-acre lot with no street
frontage. The 866-square- foot home was constructed in 1910 and is in substandard condition.
Councilmember Knight stated in viewing the home, it is in very bad condition, with the timbers
rotting away. Councilmember Johnson agreed, but also cautioned others to check with the City to
investigate the ordinances before purchasing properties to be sure they are allowed to do the things
they plan to do. Councilmember Jacobson had some concern that the criteria for granting a variance
may be conflicting. It says a variance can be granted if the strict enforcement of the ordinance causes
undue hardship because of circumstances unique to the individual property. It goes on to say the
hardship must be due to the characteristics of the land, not the property owner.
Attorney Hawkins stated economic conditions cannot be considered. The hardship has to do with
the characteristics of the land. The ordinance is also clear that nonconforming uses cannot be
expanded. The structure is considered part of the land. The ordinance does not prohibit upgrading
to make the home habitable. Councilmember Orttel noted the use to be prohibited is the property
and the lack of access to it, not the expansion of the house. The purpose of the ordinance not to
expand a nonconforming use had to do with not wanting to continue such uses as the junkyards or
mobile homes. But this is having to do with the location of the building lot on land that is not on
a publicly dedicated street. A single family home on this lot is a desirable use and is allowed to be
Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 5
(Variance/Expand Non-Conforming Structure/l 7151 Tulip Street/Laarsen, Continued)
there. Who would be benefited by not allowing that use? In this situation, he didn't think the City
would be protecting anyone by not allowing it. The Council has just agreed not to change the
ordinance to accommodate such lots, agreeing instead to grant variances in unique situations. He
felt this is a unique situation. The house has been there for 90 years. It needs substantial upgrading
to be habitable. Later in the discussion, Councilmember Ortte1 also noted that the Council allows
private streets for developers. Why would developers be given that use but not allow them for
private residents?
Mr, Carlberg explained there is a 33-foot private road easement to the property that was there prior
to the adoption of the ordinances in 1970. The house doesn't meet the minimum requirements either.
Jason Larsen - stated the other houses were built in 1972 and 1976. The lots were there before the
ordinance went into effect. He purchased the house based on the fact that he would renovate it. His
real estate agent knew this was his intent and didn't tell him he would be unable to rebuild, The
access to the parcel has been there for at least 20 years.
Motion by Orttel, Seconded by Knight, that the Council approve the variance to allow the expansion
of a nonconforming use, that is to rebuild, remodel and enlarge an old home on the property located
at 17151 Tulip Street (the S 300 feet of the N 994 feet of the E 217 feet of the W 752 feet of the NW
1/4 ofNE 1/4 of Section 8, township 32, Range 24 as measured along north and west lines thereof),
based on the fact that it is a hardship having to do with the unique situation to the individual
property, that being a 90-year-old home that has used the current street for its sole entrance even
though it is not a public street at this time. There are health and safety issues with the condition of
the use in its current state being that the house has deteriorated to the point of being dangerous. That
the Council finds that the strict enforcement of the ordinance would cause undue hardship because
of circumstances unique to this individual property owner. Any new or remodeled structure would
meet all applicable building ordinances of the City. (Resolution R154-00) DISCUSSION: Mr.
Fursman clarified the variance is to allow the building, but the building must still be within
acceptable building standards, such as setbacks etc. The Council agreed. Councilmember Jacobson
stated he would vote for the motion even though he had misgivings about it. He felt this could be
setting a precedent, even though it is a unique situation. Motion carried unanimously.
COMPREHENSIVE PLAN AMENDMENT (CPA 00-07)/RM TO C and REZONING (REZ 00-
04)/M-2 TO GB/7TH A VENUE AND BUNKERlSONSBEBY
Mr. Carlberg explained Rosella Sonsteby has requested a Comprehensive Plan Amendment for a
change to the land use district designation from RM, Residential-Medium Density to C, Commercial
on approximately 16 acres north of CoRd 116. The rezoning request is to change the zoning from
NB, Neighborhood Business to GB, General Business on four acres on the western part of the
property and ITomM-2 to GB on the 16 acres affected by the Comprehensive Plan Amendment. The
Planning and Zoning Commission is recommending denial on both requests because of the inability
Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 6
(Comp Plan Amendment/RM to C and Rezoning/M-2 to GB/7th Ave & Bunfœr/Sonsteby, Continued)
to provide City services and the concern oflosing multiple family designated land. To take that land
away from multiple family housing, the Metropolitan Council would most likely require a swap of
like zoning to approve it. The neighbors questioned the change in zoning without a development
plan. The zoning on the property has gone back and forth over the years. In 1969 it was zoned for
multiples. There was a change to commercial through the Comprehensive Plan and later changed
back to multiple family in the 1980s through the Comprehensive Plan and overall zoning map.
Those were not requests of the property owner. Normally a site plan accompanies such requests, and
the Council is considering contract rezonings to guarantee the development will be done according
to the proposal. Staff has not looked at possible locations to swap the multiple zone.
Councilmember Orttel thought the Council had looked for areas to zone multiple housing but was
unable to find any. Without a replacement area for it, he doubted the Metropolitan Council would
approve this request.
Rosella Sonsteby - presented several documents to the Council and Staff of the advertisement in the
paper of the zoning for commercial, Minutes of the meeting where it was moved to zone the property
commercial and a map. The gas company is on the north side of the property, and she felt no one will
want to live next to it. She was before the Council when it was rezoned without her request or
without individual notification, but Attorney Hawkins advised the City did not need to notifY
individual property owners about the rezoning because of the total acreage. She didn't think that was
right. She also provided copies of her petition. She included minutes of the meeting where a motion
was made to rezone to Commercial and for Mr. Babcock, Grow Town Attorney, to file the record
of that rezoning. That was not done. She stated a shopping center is needed on Seventh A venue and
CoRd 116. Mayor McKelvey asked if someone is interested in developing the property as
commercial. Typically property is not rezoned without a specific plan.
Ms. Sonsteby stated there have been a lot of people interested in it. Everyone says it is right for a
small shopping center, and she believes it is too. She never heard of contract rezoning and asked
what it is. Councilmember Orttel explained it is a contract to rezone and develop to a specific use.
Ms. Sonsteby asked if she would be able to divide the property she owns south of CoRd 116 into 2.5-
acre lots and build with a private mound septic system and private well. Mr. Carlberg explained this
area is in the 2000-2005 development time frame. The City has just learned that the Metropolitan
Council agrees the City of Anoka has no sewer capacity to service this area, so it would have to be
served with a lift station from the Coon Rapids Interceptor. The Council suggested Ms. Sonsteby
should request a feasibility study be done for providing municipal utilities to her properties. It was
also pointed out that because the property is zoned multiple, it is unlikely she would be able to
develop single family homes. And because of the moratorium on the construction of multi-family
units, she may not be able to develop multiple housing on the property at this time.
Ms. Sonsteby expressed ITustration that she has been before the Council and to the Staff many times
to develop this land and has always been turned down. She was also ITustrated that Anoka is on two
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Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 7
(Comp Plan AmendmentlRM to C and RezoninglM-2 to GBI7th Ave & Bunker/Sonsteby, Continued)
sides of her and she's had to live with storm water in her basement for two years. She also stated
that Anoka had agreed to provide sewer to the Good Value development in 1983, though that was
never done. But, she alleged, they got sewer without having any feasibility done. She didn't know
why she was required to go through this process. The Council explained that because they have
finally gotten an answer regarding sewer service rrom Anoka, they now know how this area can be
served with municipal sewer; and because of the development time rrame, she would now be able
to develop to the current zoning. A feasibility study would be needed to determine costs and the
specifics. Ms. Sonsteby was urged to meet with Staff to discuss all options and the procedure. There
may also be some ability to get some commercial with the multiple housing under a contract zoning
or PUD.
Motion by Jacobson, Seconded by Johnson, that the City Council deny the request for a
Comprehensive Plan Amendment change on property owned by Rosella Sonsteby located in the
Southeast Quarter of Section 30, since the City service issue has been resolved and it would be a loss
of medium density which is listed in the Comprehensive Plan that takes precedence in the zoning.
(Resolution R155-00) Motion carried unanimously.
Motion by Jacobson, Seconded by Johnson, on Item 5, approve the prepared Resolution denying the
rezoning request. (Resolution R 156-00 denying the rezoning request on property owned by Rosella
Sonsteby located in the Southeast Quarter of Section 30, PIN 30-32-24-43-0001) Motion carried
unanimously.
AMEND ORDINANCE 8/ CONTRACT REZONINGS / TRANSITIONAL COMMERCIAL
DISTRICTS
Mr, Carlberg explained the proposed amendments to Ordinance 8 pertain to contract rezonings for
all commercial, industrial and multi-family rezonings and to the Limited Business District which has
been cleaned up to make it more compatible with adjacent neighborhoods. Council member Orttel
stated there are occasions when rezonings are a planning tool of the City, such as in a new
Comprehensive Plan. He wondered if the City could be exempt from this. Attorney Hawkins
suggested language be added to exempt City-initiated applications.
Councilmember Jacobson suggested the language on Page 1 of the proposed amendment, Section
5.02 (G)(3)(b), that the Council would commence rezoning of the property to the previous zoning
district if the fmal plat or site plan is not adhered to, not the preliminary plat. Mr. Carlberg explained
any changes would have to be approved by the Council. This would apply even in cases such as
changing the rrontage of the buildings several years down the road, or a change in use in the future.
If retail trade and services is approved in the contract initially, any change in business that stays with
the retail trade and services could be done without Council approval. He was comfortable adding
final plat along with preliminary plat and site plan.
Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 8
(Amend Ordinance 8/Contract Rezonings/Transitional Commercial Districts, Continued)
Councilmember Jacobson also wondered about the ability of the City to enforce this section if, for
instance, the building is two-thirds completed but the terms of the contract are not adhered to.
Would the court rule for the City since the developer already has a substantial investment in the
project? Attorney Hawkins stated it depends on what is being contested. The contract would be
ueely entered into by both parties, so he felt it would be sustained if the violation was substantia!.
He is comfortable with the amendment as proposed. It becomes a risk for the landowner who signed
the contract not to comply with it. A provision in the contract would have to be added to require
removal of the structure for nonconformance of the contract.
After some discussion, it was agreed to the following change:
(B) Provision to allow the City Council to commence rezoning ofthe property to the previous
zoning district if the preliminary plat, final plat and/or site plan is not adhered to. Said
zoning change shall not be contested by the property owner or signer of the zoning contract.
The wording, "This does not pertain to City initiated rezonings." is also to be added to the
amendment.
Jeny Windschitl - suggested getting an opinion from a financial expert, as this may make it unable
to obtain financing on some properties. When lending institutions look at this zone and the
underlying documents, they may not want to finance it. If there is a situation with a contract on
property and some future complaints of neighbors or a future Councilor other third parities can
decide what mayor may not take place on it, a lender will not want to support it. Typically the
lender would rely on the underlying zoning district. In a contract rezoning, the zone would not
necessarily remain. Councilmember Orttel felt that is a good point. He suggested the EDA's
consultant, Mike Malrooney, be asked to comment on this.
Motion by Knight, Seconded by Orttel, to approve the changes to Ordinance 8 as amended. Motion
carried unanimously.
NORTHERN NATURAL GAS EASEMENT/GREY OAKS
JeITV Windschitl - stated a lot of properties along the pipeline could get beat up with this. He tried
to resolve the issue with the indemnification agreement. He was not aware that his attorney was told
today that the City's attorney does not agree. Attorney Hawkins stated apparently Northern Natural
Gas won't allow him to install utilities within their easement without their permission. He reiterated
the City should not be involved, as it is a dispute between the land owner and Northern Natural Gas.
He also didn't think the City should award a contract to attempt to install utilities and have Northern
bring an injunction or claim the City doesn't have the right to put the utilities through there.
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Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 9
(Northern Natural Gas Easement/Grey Oaks, Continued)
Apparently they want to review the plans of Grey Oaks for utilities and improvements. They don't
feel the City has the right unilaterally to put utilities across the easement. Mr. Erickson stated at the
preliminary pre-construction meeting last week, a representative from Northern Natural Gas
indicated there was still an outstanding issue. The encroachment agreement had not been signed.
Mr. Windschitl stated he did send the plans to Northern Natural Gas for their review. He received
a letter dated February 11, 2000, indicating they have reviewed the plat and determined that Grey
Oaks would not interfere with Northern's pipeline facilities. There was a concern with grading
elevations and proposed drainage, but that did not involve him. It involved the watershed and Ditch
37. An encroachment agreement was drafted but he will not sign it. The agreement is trying to
obtain rights they don't have in their original agreements and have him indemnifY them for a whole
host of things. In a sense, it is blackmail and is simply not right. In the past, the City has never
required this of developers. Councilmember Orttel stated they have never asked for this before.
Mr. Windschitl understood the Council that the only way they would award the contract is if he
signed the encroachment agreement with Northern Natural Gas, even though he has a document
saying they don't have a problem with the plat. He stated he has offered to indemnifY against an
injunction and to pay for defense costs. In the first phase of the project, the maximum area of the
easement is 50 feet. They could build in the ground and include a road to Hanson Boulevard without
disturbing that portion of the easement. The gas line is next to Fox Hollow. He again read the letter
where Northern Natural Gas determined that the Grey Oaks plat will not interfere with Northern's
pipeline facilities. He did not feel the signing of the encroachment agreement was conditioned on
Northern's determination that the plat would not interfere with their facilities. He thought they had
resolved the issue. Mr. Erickson explained the contract was bid about a year ago, and the contractor
agreed to hold the bids. They now have a window of opportunity to complete the contract, but the
decision needs to be made this evening or the contactor will move on to another job. If the bid is not
awarded tonight, he can talk to the contractor to see if they are willing to hold the bid longer, or the
City may have to rebid the project. Councilmember Orttel noted it is a private issue; but once the
utilities are in the ground, they are turned over to the City. He is not sure what would happ.en if there
is still an open issue with the property owner. Attorney Hawkins didn't think Northern would allow
the City to enter into the easement. He predicted Northern would seek a temporary injunction to stop
the project until the item is clarified. He saw no benefit to the City to award the contract now. The
developer had a year to resolve the issue. He has the right to have district court interpret that
document to determine whether the request of Northern Natural Gas is reasonable. He doubted this
is vindictiveness on the part of the gas company. Times are changing regarding right of ways, and
the utility companies are not going to do anything less than what the City is doing. They will be
more formal about the process of allowing the City and developers to work in their easements.
Motion by Jacobson, Seconded by Johnson, to accept the Attorney's recommendation that the City
not intervene in the matter. Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 10
HIGH SCHOOL BALL FIELDS DISCUSSION
Councilmember Knight reported he talked with Dick Nyberg of the school district who stated the
district is not at all interested in pursuing the ball fields on this property because of the money. They
are estimating between $700,000 and $800,000 to purchase the land and install the fields. The City
doesn't have the money either, so it appears they are back to looking at some crossing and the use
of the fields at Sunshine Park. Councilmember Orttel felt the bigger issue is lack of communication.
It is unfortunate the information was put in the paper before the City knew about the district's
position. The City had also talked about the possibility of having volunteer help to construct the
fields, but those people need to be contacted,
Mike Gamache. 2815 134th. representing Andover Athletic Association - stated the July 13 Anoka
County Union article had a statement ITom Mr. Durand of the school district that the planning of the
fields between the district and the City fell through and that the City was unwilling to put up the
money necessary for the ball fields. The Association's concern is they don't know what is going on.
Mr. Fursman explained the City sent the school district a letter indicating they would be interested
in constructing the ball fields on school district property with a joint agreement. The money that
would have been used to build a crossing would be used to construct the fields instead. The district
has since indicated they would not buy the land; and if the City wanted to construct the ball fields,
they would have to buy the land as well. Buying the land was not in the City's original budget.
Councilmember Orttel was told initially the cost for an under- or over-pass would be about
$250,000. Later it was estimated at $450,000. It was then felt a crossing would be a liability to the
City and that the money should be used to construct ball fields instead. He still agrees with that.
Also, the district is saying they are donating about $600,000 worth of land to the City for the
extension of Andover Boulevard. He wondered how that figured was determined, feeling it is
extremely high. He didn't think they could start grading in three months as has been indicated.
Don Eveland - stated the school district is talking about purchasing 52 acres ITom him. He doesn't
know the exact land they are considering or how that will affect his new house. The Council
suggested he meet with Staff, who can provide a map of the area that is being condemned by the
school district.
After further discussion, the Council felt it is very important that they meet again as soon as possible
with representatives from the school district. There was still some sentiment that investing in ball
fields would be much wiser than constructing a crossing to Sunshine Park. Another ITustration was
that while the district has said an at-grade crossing would not be acceptable, it is done at Coon
Rapids High School.
Tom Roud. 3510 152nd - is from the Andover Athletic Association. He noted the fields are filled
up now. They do a lot with the cities of Anoka and Ramsey. Losing Sunshine Park would put
additional pressure on them. He was one of the people who volunteered at Sunshine Park and would
be willing to help coordinate volunteers in the future if the City can get the land for ball fields. This
Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 11
(High School Ball Fields Discussion, Continued)
is unfortunate. It doesn't make sense to put the money in a tunnel when the City will need to spend
money on fields somewhere else in the future anyway. He hoped the City will include the Andover
Athletic Association in the process of developing the fields. Has the City committed to allowing the
district to use the Sunshine Park facilities? Mayor McKelvey stated nothing has been signed.
Councilmember Orttel hoped something can be negotiated, possibly with the right-of-way issue for
the road. Mr. Erickson hoped to present the feasibility on options for a crossing at the August 8
special Council meeting.
Charlie Veiman - wondered where the tunnel or overpass would be constructed. He noted going
directly east from the edge of the Woodland Estates property ends up on the Martinson property.
A tunnel is the dumbest thing. If the City of Coon Rapids can have a signal on a street that is four
to five times busier than Crosstown Boulevard, then the City should demand that as well. The
Council hoped that a crossing would not be needed and that there can be some negotiations on the
ball fields. Staff was asked to set up a meeting between the City Council and representatives of the
school district as soon as possible.
SUNSHINE PARK PA VlLlON CONTRACT
Park and Recreation Commissioner Al Grabowski explained in 1999 the City Council awarded a
contract for over $100,000 at the recommendation of the Park and Recreation Commission to
construct the gazebo picnic shelter with a message board at Sunshine Park. The project was to be
completed in November, but the contractor asked for and was granted an extension to the first week
of May, 2000. They did not want the contractor interfering with the activities at the park, so they
asked that the workers be out of there before 5 o'clock. Work was started only a few weeks before
the termination date, and the contractor again asked for another extension to June 17. It is now July
18 and they are still not done. Commissioner Grabowski then reviewed some of the uncompleted
and shoddy work on the project with the concrete, sealing over duck tape, the lighting not meeting
specifications, the electrical not meeting specs and done without having a permit, the City's liability
for having live wires at this time, rusted hardware, dangerous benches and poor workmanship all
around. He didn't think the City should be paying for this and asked what can be done about it.
Mr. Erickson stated the City is retaining 5 percent of the total costs. They do have a punch list of
work to be completed. The contract is not complete. He invited the Council to look at the shelter
and give an opinion. Some of it is personal opinion. While there are items that must be completed,
he did not think it was as bad as Commissioner Grabowski felt it is. The contractor has until next
Wednesday to complete the project. If it is not done by then, the City will get someone else to
complete it and deduct the money rrom the contract. Most of the items are minor in scope. The City
also has a one-year warranty plus a bond. He thought the electrical box is locked and understood the
breakers are off, but he will have that checked.
Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 12
(Sunshine Park Pavilion Contract, Continued)
The Council suggested that if the contractor does not complete the project, some of the work could
be completed in house. Mr. Erickson stated they are pushing to resolve the issue before taking the
next step. He wi!! report back to the Council at the next meeting.
M4YOR/COUNCIL INPUT
Entrance signs - Mr, Carlberg stated because of all the other issues this spring, they have not yet had
an opportunity to be working on entrance signs to the City, It is on the list of things to do.
Conflicts of interest - Councilmember Knight stated a resident called and asked the Council to
discuss the matter of Councilmembers taking part in discussions when there may be a conflict of
interest. How should that be handled in the future? Should the individual excuse him/herself from
the discussion or leave the podium? Councilmember Orttel felt it would be a good idea to have a
policy dealing with this issue. After a brief discussion, the Council agreed that the City
Administrator or City Attorney should step in if they feel the discussion is going to where the
Councilmember has crossed the line regarding a conflict of interest. They also asked to be given
copies of the League of Minnesota document on the procedure relating to conflicts of interest.
Property purchases - Attorney Hawkins stated the City did not enter into a purchase agreement for
the lot immediately west of Public Works. A purchase agreement has been signed with Anoka Auto
Wrecking. Junk cars should be leaving the site shortly. Mr. Dickinson stated he wi!! be initiating
the process for the purchase of that business by the sale of bonds at the next City Council meeting.
Signs on snowmobiling - Councilmember Orttel noted the Council had suggested signs be made
available to residents who had trouble with snowmobilers on the boulevards. Staff indicated those
signs are being made up.
Advertisements on telephone poles - Councilmember Orttel stated a businessman complained he
spends a great deal of money on advertising but his competitors put up signs for nothing on the
telephone poles around the City. He wondered if something should be done about that, especially
the commercial signs, recognizing the City does not own the poles. Mr. Carlberg stated that is a
difficult one to enforce. The Zoning Administrator has pulled some of them down. They are
working with the county and the utility companies as well. Councilmember Johnson wasn't
concerned with the signs for garage sales except that they need to be removed when the sale is over.
Resignation - Councilmember Johnson announced she will be stepping down fÌ'om the City Council
as of August 15 for personal reasons. She has enjoyed working with the Council and Staff, noting
it has been a real learning experience. CounciImember Jacobson stated he was sorry to see her go,
Wi!! that mean there will be a two-year seat on the ballot? Mayor McKelvey stated there will be a
two-year seat on the ballot as well as the two four-year seats. Attorney Hawkins stated the City
Regular Andover City Council Meeting
Minutes - July 18, 2000
Page 13
(Mayor/Council Input, Continued)
doesn't have to fill the open position for the 4Yz months remaining but it makes sense to do so. It
is a political decision as to appointing someone now for the interim or waiting until after th<: election
and appointing the winner of the two-year seat to fill out the rest of the year. No decisions were
made at this time.
APPRO V AL OF CLAIMS
Motion by Jacobson, Seconded by Johnson, the payment of Claims. Motion carried unanimously.
Motion by Johnson, Seconded by Jacobson, to adjourn. Motion carried unanimously.
The meeting adjourned at 10:07 p.m.
RespectfUllY~
~ ::1-.
Marc lla A. Peach
Recording Secretary
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