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HomeMy WebLinkAboutCC December 15, 1998 , I. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, December 15, 1998 agenda Interviews for Planning & Zoning Commissioners - 6:00 PM Call to Order - Following the EDA meeting held at 7:00 PM Bookmark Resident Forum Name Agenda Approval Consent Agenda Approval of Minutes Minutes Plaque Presentation Discussion Items I. Amend Andover Comprehensive Plan/Section 23/Ashford Dev. Corp., Continued compplan 2. Rezoning/Section 231 Ashford Dev. Corp., Continued rezashford 3. Amended Special Use PermitlExpand Substation/1657 Bunker Lake Blvd. NWIUPA supupa 4. Lot Split/8xx Andover Boulevard NW/Ashford Development Corp. lsashford 5. Variancell75xx Butternut Street NWlFisher & Dennis varbutternut 6. Sketch Plan/Woodland Meadows Third Addition/Woodland Development Co. skpwood 7. Discuss Issuing of Gambling Licenses gambling 8. Approve Union Contract union Staff. Committees. Commissions 9. Approve Request for Submittal Extension/Comprehensive Plan metcouncil 10. Comprehensive Plan Sewer Discussion compplan II. Appoint Planning and Zoning Commissioners pz 12. Approve Planning and Zoning Commission Compensation pzsal 13. Approve Park and Recreation Commission Compensation pr 14. Approve Revised Application for Scheduled Use of Recreational Facilities appruse 15. Approve Revised Softball Tournament Application Form apprtour 16. Approve ResolutionÆstablishing 1999 User Fees for the Use of Fields & Hockey Rinksapprfee 17. Approve Three (3) Appraisers to Determine Land Values as Required Ord. IOBB apprappr Non-Discussion/Consent Items 18. Approve Special Revenue Funds/1999 Budget special rev 19. Approve Enterprise Fundsll999 Budget enterprise 20. Approve 1999/Capital Project/PIR Fund Budget capital 21. Approve 1999 General Fund Budget genfund 22. Approve 1999 Trust & Agency (Risk Management) Fund Budget trustagency 23. Approve 1999 Licenses licenses 24. Approve 1999 Fee Schedules fee 25. Accept Petition/98-32/3512 - 142nd Ave NW/WM acpt9832 26. Approve Feasibility Report/98-32/3512 - l42nd Ave NW/WM appr9832 27. Accept Petition/Order Feasibility Report/98-33/Cambridge Estates (Phase II!North Area)acpt9833 28. Update on Radium Testing/98-15 updt9815 29. Approve Ord. No. 73A - An Ord. Repealing Ord. No. 73, Regulating the Installation ord73a of Water-Fed Heat Extractors & Water-Fed Air Conditioning Equipment Mayor/Council Input Payment of Claims Adjournment .. ,. ...... - - ".., ][ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER IS, 1998 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CONSENT AGENDA Resolution R244-98 approving special revenue funds/1999 budget ................ 2 Resolution R245-98 approving Enterprise Funds/1999 budget . . . . . . . . . . . . . . . . . . .. 2 Resolution R246-98 approving 1999 Capital Project/PIR fund budget . . . . . . . . . . . . .. 2 Resolution R247-98 approving 1999 General Fund Budget...................... 2 Resolution R248-98 approving 1999 property tax levy .. . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R249-98 approving 1999 Trust and Agency Fund budget. . . . . . . . . . . . . .. 2 Approve 1999 licenses Resolution R250-98 accepting petitionlIP98-32/3512 I 42nd Avenue/Watermain ..... 2 Resolution R251-98 approving feasibility reportlIP98-32 . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R252-98 accepting petition/order feasibilityIIP98-33/Cambridge Estates (Phase II/North Area) .......................................... 2 Update on radium testingllP98-15 Approve Ordinance No. 73A repealing Ord 73, regulating the installation of water- fed heat extractors and air conditioning equipment ......................... 2 APPROVAL OF MINUTES .................................................. 2 PLAQUE PRESENTATION.................................................. 2 AMEND COMPREHENSIVE PLAN and REZONING/SECTION 23/ASHFORD ....... 3 Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 AMENDED SPECIAL USE PERMITÆXPAND SUBSTATION/1657 BUNKER LAKE BLVD Resolution R253-98 granting request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 LOT SPLlT/8XX ANDOVER BOULEVARD/ASHFORD DEVELOPMENT Resolution R254-98 approving the lot split ................................... 6 V ARIANCEI175XX BUTTERNUT STREETIFISHER AND DENNIS Resolution R255-98 approving the variance .................................. 6 SKETCH PLAN/WOODLAND MEADOWS THIRD/WOODLAND DEVELOPMENT .. 7 UNION CONTRACT Motion to approve 1999 contract ........................................... 7 REQUEST FOR SUBMITTAL EXTENSION/COMPREHENSIVE PLAN Resolution R256-98 requesting 3-month extension. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 COMPREHENSIVE PLAN SEWER DISCUSSION ............................... 7 Resolution R257-98 authorizing feasibility for sewer trunklBunker Lake Blvd ....... 8 PLANNING AND ZONING COMMISSIONERS Motion to appoint Oberg, Darringer, Falk for 3-year terms. . . . . . . . . . . . . . . . . . . . . .. 8 Motion to appoint Jay Squires chair and Maynard Apel Acting Chair of P & Z . . . . . .. 9 PLANNING AND ZONING COMMISSION COMPENSATION Resolution R258-98 setting per diem for P & Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 PARK AND RECREATION COMMISSION COMPENSATION Resolution R259-98 setting per diem for Park Commission ...................... 9 REVISED APPLICATION FOR SCHEDULED USE OF RECREATIONAL FACILITIES Motion to approve ...................................................... 9 ~. -~ -- II·· Regular Andover City Council Meeting Minutes - Table of Contents December 15, 1998 Page ii REVISED SOFTBALL TOURNAMENT APPLICATION FORM.................... 9 Motion to approve ..................................................... 10 ESTABLISHING 1999 USER FEES FOR THE USE OF FIELDS AND HOCKEY RINKS Resolution R260-98 approving the fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 APPRAISERS TO DETERMINE LAND VALUES AS REQUIRED IN ORDINANCE IOBB Motion to approve ..............................,...................... 11 1999 FEE SCHEDULES Resolution R261-98 setting fees. . . . . . . . ., . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. 11 Resolution R262-98 establishing service charges ............................. 11 Resolution R263-98 establishing permit fees and service charges. . . . . . . . . . . . . . . .. 11 Resolution R264-98 setting rates .......................................... 11 MA YORlCOUNCIL INPUT Thank you . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Green Acres legislation ................................................. 12 Exit interviews. . . .. . . . . . . .. . . . . . . . . . . .. . .. . . . .. .. . . . . . . . . .. . .. . . . . . ... 12 Meeting format. . . . . . . . . . . . .. . . . . . . .. . . .. . .. . . . . . . . . . . . . . . . . . . .. . . . . . .. 12 APPROVAL OF CLAIMS .................................................. 12 ADJOURNMENT......................................................... 12 ,,' .. ~~ .-- - .. .--- I' ,! CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 15, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, December 15,1998,8:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike Knight, John Kunza, Ken Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Mike Getts. 15629 Osage - wondered if it is proper for a Councilmember with a conflict of interest on a particular issue to cast a vote on that issue. There was a motion at the last Council meeting to extend the plats of Grey Oaks and Fox Hollow. They feel it was a conflict of interest for the Mayor to vote on those items, and they would like to see someone reconsider those motions. Attorney Hawkins did not know the terms of the Mayor's involvement with the Fox Hollow project and could not give an opinion without knowing the relationship of the Mayor to the developer. Mayor McKelvey stated he will not be voting on the Fox Hollow plat when it comes before the Council. He is wìlling to provide the attorney the documents of the proposed sale of his property to the developer of Fox Hollow. Attorney Hawkins stated he can then determine if the Mayor would receive any financial benefit from the actions of the Council. If there was none, then the motion would stand. Winslow Holasek. 1159 Andover Boulevard - stated there doesn't have to be a conflict to vote on the motion for the two plats again. If the Council decided it wasn't a good idea, the majority side could make a new motion next year. AGENDA APPROVAL Delete Item 7, discuss Issuing of Gambling Licenses until after the first of the year; Remove Item 24, Approve 1999 Fee Schedules, from Consent Agenda for discussion. Motion by Dehn, Seconded by Knight, to approve the agenda as amended. Motion carried unanimously. .. . I Regular Andover City Council Meeting Minutes - December 15, 1998 Page 2 CONSENT AGENDA Item 18 Approve Special Revenue Funds/1999 Budget (Resolution R244-98) Item 19 Approve Enterprise Funds/1999 Budget (Resolution R245-98) Item 20 Approve 1999 Capital ProjectIPIR Fund Budget (Resolution R246-98) Item 21 Approve 1999 General Fund Budget (Resolution R247-98 for the 1999 General Fund Budget and R248-98 establishing the 1999 Property Tax Levy) Item 22 Approve 1999 Trust and Agency (Risk Management) Fund Budget (Resolution R249-98) Item 23 Approve 1999 Licenses (Cigarette licenses - Festival Foods, Avanti Petroleum dba Total; Non-Intoxicating Off-Sale Liquor license - Avanti Petroleum; Non-Intoxicating On-Sale Liquor License - Tasty Pizza) Item 25 Accept PetitionlIP98-32/3512 142nd Avenue NW/Watermain (Resolution R250-98) Item 26 Approve Feasibility Report/IP98-32 (Resolution R251-98) Item 27 Accept Petition/Order Feasibility Report/IP98-33/Cambridge Estates (Phase II/North Area) (Resolution R252-98) Item 28 Update on Radium TestinglIP98-15 Item 29 Approve Ordinance No. 73A - Repealing Ord. 73, Regulating the Installation of Water-Fed Heat Extractors and Water-Fed Air Conditioning Equipment Motion by Kunza, Seconded by Oehn, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES November 24, 1998, Special Meeting - Correct as written. December 1, 1998, Regular Meeting - Page 9, paragraph 4, ClarifY that the last three lines reflect Councilmember Ortte!'s comments. Motion by Knight, Seconded by Oehn, approval of the December I Minutes. Motion carried unanimously. Motion by KlÚght, Seconded by Orttel, approval of the November 24 Minutes. Motion carried on a 3- Yes, 2-Absent (Oehn, Kunza) vote. PLAQUE PRESENTATION Mr. Fursman presented plaques of recognition and appreciation to Councilmembers Dehn and Kunza for their years of service to the community. The remaining Councilmembers also expressed their pleasure in working with Councilmembers Oehn and Kunza. - - ~. -- .-- - --.- . --- - I Regular Andover City Council Meeting Minutes - December 15, 1998 Page 3 AMEND ANDOVER COMPREHENSIVE PLAN and REZONING/SECTION 13/ASHFORD DEVELOPMENT CORPORATION Mr. Carlberg reviewed the history of the request of Ashford Development to amend the Comprehensive Plan and rezone a 5.45-acre parcel north of Hamilton Square ITom R-4 to Shopping Center. The developer requested the item be tabled on September 15 to go through the process relating to drainage issues. The applicant has submitted a revised preliminary plat, but the public hearing for that plat is not scheduled until next Tuesday, December 22. There are some outstanding issues, as he did not believe there is a final resolution to the drainage issues between Ashford Development and Hamilton Square. The item is before the Council again at the request of the developer. The 60-day requirement no longer applies, and the Council must make a decision tOlÚght unless the developer requests another extension of time. Councilmember Orttel stated if they don't have a revised preliminary plat or a rezoning or an amendment to the Comprehensive Plan, the property would have to be developed residential unless the developer waits a year to reapply for the commercial zoning. Mr. Carlberg stated the drainage issue is still not resolved. There was a misunderstanding of who was to do what. Mr. Erickson stated he did meet with both developers earlier today. They reviewed different options; and he felt they are very close to a resolution, but they are not there yet. All parties would have to agree to the final resolution of the drainage issue and a formal agreement document would need to be signed. Jerrv Windschitl. Ashford Development - stated the reason the items are before the Council tonight is because he was held up at the Planning and Zoning Commission meeting waiting for the Hamiltons to review his proposal, which never took place. He then reviewed the proposal that they are willìng to give a 10-foot easement along Hanson Boulevard in which a storm sewer pipe could be constructed. If the plat is not ready in time for when the easement is needed, they would give a document to convey the easements, which would have the same effect of the plat. They would also give the easements to the pond and would construct the pond to their specifications provided. In the plat of Chesterton Commons 2nd, they would construct the outlet from that pond. There is an attempt being made to enlarge the easements on the bottom of the plat for the Hamilton's benefit. They would have more cost to construct the drainage pipe around the power pole than going across his property which would not normally be subject to any easements by the City. He accused them of trying to damage his property for their financial interest, and he didn't feel he should have to give up some of his property for the Hamilton's benefit. Mr. Erickson stated the proposal to cut across a portion of Mr. Windschitl's property was proposed by Staff as an option, and it is still being investigated. Mr. Windschitl - stated the Harniltons have at least three routes available, but all will cost more money than the proposal. He stated it is strictly a situation of using his land to his detriment. That is very valuable property, and the pipe can be constructed without going across that portion of his property He has given everything that has been asked of him. His plat doesn't use the Hamilton storm drainage pipe at all. Councilmember Orttel understood Mr. Windschitl's concern but also .. ,- .-. - Regular Andover City Council Meeting Minutes - December 15, 1998 Page 4 (Amend Comp Plan and Rezoning/Section 23/Ashford Development, Continued) noted that corner has a very limited use for commercial property. It is a small hurdle to overcome. Mr. Erickson stated more investigation is needed to determine how to get the storm sewer pipe through the vicinity of the power pole. Gorden Jensen. Attorney representing Hamilton Square - reviewed the results of the meeting held with Staff this morning, and they understand the triangular piece of property is a concern. He stated the drainage issue is not yet resolved, though they are very close. Their concern is that the drainage to the north is into a pond that isn't built yet. This project has a history of always changing, and they want to make sure there will be a pond when they need it. The system is also dependent upon the Cambridge development to the north. Until all items are in place, there is no guarantee that Hamilton Square will have the necessary storm drainage outlet. Before this matter goes forward, they are asking for the agreements in writing. The proposal is there be an agreement whereby the easement would be dedicated to the City at this time through this parcel and through the development to the north. They are also asking that the money necessary for establishing the pond be secured by a Letter of Credit, and that all three parties petition for the installation of the storm sewer utilities and for a feasibility report to be prepared. The respective parties would deposit Letters of Credit with the City to offset the costs of the improvements. Once that has occurred, the project can be ordered and they can be assured that the pond won't be moving and the storm sewer line will be in place where indicated. Mr. Jensen also stated Hamilton Square has been assessed $10,000 for that storm sewer system, and they do not necessarily agree with Mr. Windschitl that the commercial site won't be using that drainage system. He requested an agreement not to use the system be in writing; and if it became necessary for him to use it, then adequate compensation would be given to them and they would give up the IO-inch watermain on the east side of the parcel. He'd like to see action on these items held until the storm drainage issues can be resolved and agreed to in writing. Council discussion with Mr. Windschitl was on the storm drainage system, the remaining items to be resolved for a satisfactory agreement between Mr. Windschitl and the Hamiltons and the concerns of having the entire system in place when three different developers are involved. Mr. Windschitl stated he planned on asking for a permit to grade the pond yet this winter because there is very little ITost on the ground. He does have a problem with the Hamiltons telling him what to do with his own property. The Council pointed out the direction was given last September to work out the storm sewer issues before they would approve the Comprehensive Plan amendment, rezoning and revised preliminary plat. They also understood Mr. Jensen's request for the escrows and written agreements. Mr. Windschitl stated he had no problem with an agreement with the City. He refuses to have an agreement with the Hamiltons. He stated the proposal before the Council includes the needed easements for the storm sewer system. If not approved tonight, the approved preliminary plat does not have those easements to get the Hamilton Square water to the pond. The Council felt the parties Regular Andover City Council Meeting Minutes - December 15, 1998 Page 5 (Amend Comp Plan and Rezoning/Section 23/Ashford Development, Continued) involved are very close to an agreement, but the only way this could continue is for Mr. Windschitl to ask that the items be tabled. They also felt that the revised preliminary plat should be considered at the same time as the amended Comprehensive Plan and rezoning, thinking the Metropolitan Council would also want that supporting documentation. Attorney Hawkins thought the parties could come to an agreement, though he wasn't sure it could be done by the first meeting in January. He'd like to meet with both parties and get this resolved, thinking it can be done to the satisfaction of both. He thought it could be accomplished by the second meeting in January. Mr. Windschitl then stated he would be willìng to try to work with Mr. Hawkins on the issue and stated he is willìng to table the items until the second meeting in January, 1999. He will also submit a letter of this request. Mr. Jensen welcomed the opportunity to meet with Mr. Hawkins as well to resolve the issue. Winslow Holasek - asked for a clarification on the dedication of easements. Mr. Erickson stated they are not dedicated until the final plat. Mr. Holasek stated the revised preliminary plat would have to have the easements dedicated. The original residential plat did not have the easements on it, but he felt the City could require the easements on the residential plat at the time of the final. The Council thought the issue could be resolved before resorting to that option. Motion by Knight, Seconded by Orttel, that based on the request, move to table Items 1 and 2. Motion carried unanimously. AMENDED SPECIAL USE PERMITÆXPAND SUBSTATION/1657 BUNKER LAKE BOULEVARD NW/uPA Mr. Carlberg reviewed the request of the Amended Special Use Permit of United Power Association to expand the existing electrical substation at Bunker Lake and Hanson Boulevards NW. The Planning Commission is recommending approval. Motion by Knight, Seconded by Dehn, the Resolution (Resolution R253-98 granting the Amended Special Use Permit request). Motion carried unanimously. . . ~. -- "-- - I , Regular Andover City Council Meeting Minutes - December 15, 1998 Page 6 LOT SPLIT/8XX ANDOVER BOULEVARD NW/ASHFORD DEVELOPMENT CORP. Mr. Carlberg reviewed the lot split request of Ashford Development to split a 6.12-acre parcel into a 2.70- and 3.42-acre parcels. The property is located between Andover Boulevard and Coon Creek, east of Crown Pointe and was originally designated as Outlot B of Crown Pointe. It was never recorded with the final plat. A petition requesting denial of the request was submitted by residents of the area for the public hearing as they felt the area should remain open space. J en:y Windschitl. Ashford Development - stated if the trunk sewer had not been left at the creek, there could have been IÚne urban lots with a service road on this parcel. Now there is no ability to get sewer to the parcel. If the City thinks it is important to bring that trunk up, then these lots should be held for urban development. It didn't look like that trunk will be brought up, and that is why he is requesting the lot split. Mr. Carlberg stated the decision was made by the Council when platting the area that extending that trunk sewer was not the appropriate thing to do. Motion by Orttel, Seconded by Kunza, approving the lot split as requested. (Resolution R2S4-98) Motion carried unanimously. VARIANCE/175XX BUTTERNUT STREET NW/FISHER AND DENNIS Mr. Carlberg reviewed the request of Matt Fisher and Christine Dennis to allow for the construction and placement of a new single family home that does not meet the minimum buidabìlìty requirements at 17Sxx Butternut Street NW. The request is to vary ITom the buidability requirement and the ISO-foot x ISO-foot building pad requirement. The building pad would be 130 feet x 70 feet, or approximately 9,100 square feet of buildable land on the parcel. The primary and secondary on- site septic and drainfields can be established and meet the 10,000-square-foot requirement. In order to establish the 22,SOO-square-foot buidable area, a number of trees would have to be removed and hundreds of yards offill would be required. The Planning Commission is recommending approval and proposed the ordinance be changed if the City is backing off from the minimum requirements. The Council discussion noted the property is a knoll surrounded by wetland, that the reason for the minimum requirements is to be able to establish a primary and secondary on-site septic system and drainfields and allow for accessory buildings, and that a number of oak and maple trees would have to be removed to meet the minimum buidabmty requirement in this case. They felt this is a unique situation, that on a 10-acre parcel there is no issue of health, safety and welfare with the sewer system; and they were not interested in amending the ordinance. Motion by Knight, Seconded by Dehn, the Resolution as presented. (Resolution R25S-98 approving the request) DISCUSSION: The Council asked that the Resolution spell out the reason for the approval is that it is a IO-acre parcel, that there is plenty of room for protection from the sewer system, and that it would require taking out hardwood and softwood trees to meet the buildability requirements. Motion carried unanimously. . - .... ~. --~ I Regular Andover City Council Meeting Minutes - December 15, 1998 Page 7 SKETCH PLAN/WOODLAND MEADOWS THIRD ADDITION/WOODLAND DEVELOPMENT COMPANY Mr. Carlberg reviewed the sketch plan of Woodland Meadows Third Addition located in Section 10. Since the Planning and Zoning Commission meeting, the developer has reduced the number of lots ITom six to five to eliminate the variances on lot area. He also straightened out the cul-de-sac further to the east. There wìll be a variance request for the length of the cul-de-sac. The Planning Commission requested the developer and Staff look at potentially extending a road to the south boundary to service the adjacent property. There is a large wetland to the south and an existing home. It doesn't appear that would be a viable request. The Park and Recreation Commission will be reviewing the proposal on December 17, and it is expected they wìll be requesting cash in lieu of land for park dedication. Councìlmember Orttel noted the object of the extension of the street is not for more lots but for safety. It is getting difficult to develop on the smaller parcels. He also noted some lots are undersized, but they do average 3.2 acres per lot. He felt it is a good use of the property. The Council had no further comments. APPROVE UNION CONTRACT Mr. Fursman stated the issue of pay and benefits have been included and have been approved in the budget. The rest of the contract is identical to the previous one. Motion by Orttel, Seconded by Dehn, approval of the 1999 Union Contract addendum. Motion carried unanimously. APPROVE REQUEST FOR SUBMITTAL EXTENSION/COMPREHENSIVE PLAN Mr. Carlberg explained the deadline to submit the Comprehensive Plan to the Metropolitan Council is December 31, 1998. Based on the current position relating to the final sewer plans and meeting additional input from the Council and residents, Staff is recommending a resolution be submitted requesting a 90-day extension for the submission of the Comprehensive Plan. Motion by Orttel, Seconded by Dehn, to so move. (Resolution R256-98 requesting a three-month extension). Motion carried unanimously. COMPREHENSIVE PLAN SEWER DISCUSSION Mr. Erickson stated the City Planning Department and Comprehensive Plan Task Force have been reviewing and developing recommendations for the Comprehensive Plan. A review of the ultimate - þ -. .. ~- I Regular Andover City Council Meeting Minutes - December 15, 1998 Page 8 (Comprehensive Plan Sewer Discussion, Continued) sanitary sewer capacity has been performed by consulting engineers TKDA. They have determined that the trunk sanitary sewer located on Bunker Lake Boulevard between Crooked Lake and Crosstown Boulevard and the trunk located on Crosstown Boulevard between Bunker Lake and Andover Boulevards will not have the capacity to provide sewer service to the ultimate service area. Assuming current development rates, those trunk lines will reach their capacity within the next eight years. This means approximately 600 acres currently identified in the urban service area would not be serviceable with sanitary sewer unless additional trunk improvements are constructed. Mr. Erickson stated it appears two items contributed to this issue. First, the original sanitary sewer trunk design for the City did not include a large portion of the area currently in the urban service boundary. Also, revisions made in the 1986 Comprehensive Sanitary Sewer Plan noted the sewer capacities may be exceeded for the Bunker Lake Boulevard trunk, but it probably was not much of an issue at the time. Mr. Erickson noted with the reconstruction of Bunker Lake Boulevard, the Council has discussed upgrading the sewer trunk between Crooked Lake Boulevard and Crosstown Drive. He felt that is a priority item right now. They would then look at the entire system and at options for the other undersized trunk north of Bunker Lake Boulevard. Motion by Orttel, Seconded by Dehn, that the Council authorize Staff to begin work on a feasibility report for increasing the capacity in the sewer trunk between Crooked Lake Boulevard and Crosstown Drive on Bunker Lake Boulevard. (Resolution R257-98) DISCUSSION: Councilmember Orttel suggested that Staff look at options all along Bunker Lake Boulevard as long as the road is being reconstructed, as it would be twice as expensive in the future. Jerry Windschitl - stated the problem on Crosstown is when TKDA had trouble on Bunker Lake Boulevard, the plan was to relieve that line in the future with a bigger line down Bunker Lake Boulevard and up Hanson Boulevard. Winslow Holasek - felt the feasibility study should carry through to Hanson Boulevard, as it may be an option to go east to take the load off Crosstown Boulevard. Councilmember Orttel suggested Staff also look at whether the City really needs the capacity for future use. Motion carried unanimously. APPOINT PLANNING AND ZONING COMMISSIONERS Motion by Dehn, Seconded by KlÚght, to approve the appointments of Jason Oberg, Dean Darringer and Douglas Falk for the three positions, with the reserve member to be Bev Jovanovich. Motion carried unanimously. The Council asked that a letter be sent to the others thanking them for their interest and to Ms. Wells also thanking her for the work done the past several years. I Regular Andover City Council Meeting Minutes - December 15, 1998 Page 9 (Appoint Planning and Zoning Commissioners, Continued) Motion by Orttel, Seconded by Dehn, to approve Jay Squires to chair, would he accept; or the next senior member and Maynard Apel as Acting Chair. Motion carried unanimously. APPROVE PLANNING AND ZONING COMMISSION COMPENSATION Motion by Orttel, Seconded by Knight, to approve the Resolution (Resolution R258-98 setting a per diem compensation of $20 per meeting per member of the Planning and Zoning Commission and $40 per meeting for the chairperson) Motion carried unanimously. APPROVE PARK AND RECREATION COMMISSION COMPENSATION Motion by Knight, Seconded by Dehn, to approve the Resolution. DISCUSSION: Park and Recreation Commission Chairperson AI Grabowski asked why there is a discrepancy between the per diem compensation for the chairperson of the Planning Commission and that of the Park and Recreation Commission. The Council thought it may be because there is more public contact by the Planning Commission, plus their meetings often run longer. Because both chairpersons were paid the same prior to this change, the Council agreed to raise the Park Board Chairperson per diem to $30 per meeting. Councilmember Knight amended the motion to $30 for the chairperson per meeting. Second Stands. (Resolution R259-98 setting a per diem compensation of $20 per meeting per member of the Park and Recreation Commission and $30 per meeting for the chairperson Motion carried unanimously. APPROVE REVISED APPLICATION FOR SCHEDULED USE OF RECREATIONAL FACILITIES Motion by Orttel, Seconded by KIDght, to move Item 14 as presented. Motion carried unanimously. APPROVE REVISED SOFTBALL TOURNAMENT APPLICATION FORM Mayor McKelvey noted the Lions are to have usage of the fields they built without charge for 99 years. He felt the fees set for tournaments are very high and will eliminate many softball teams ITom being able to use the fields. - . ~. ~- "-- - I Regular Andover City Council Meeting Minutes - December 15, 1998 Page 10 (Approve Revised Softball Tournament Application Form, Continued) Park and Recreation Commission Chairperson Al Grabowski did not agree. The City of Coon Rapids is the only one that has lower fees than Andover. The fees in other cities are significantly higher. Mayor McKelvey felt it is a lot of paperwork for only one or two tournaments a year. Councilmember Knight suggested the small items like the limer, drag, etc., all be included in the total cost. Chairperson Grabowski stated no one asks for those items. The only change is the youth fee for organizations that are not in the City. Mayor McKelvey stated before the fee for security could be waived. Under the new proposal, it isn't as easy to waive fees. Councilmember Orttel felt there shouldn't be a security fee. It should be a maintenance fee. If an organization wants to provide their own people for maintenance, he would not have a problem waiving the fee. Frank Stone, Public Works Superintendent, stated the City of Anoka charges each youth team $50 for maintenance, but they also pay another fee to be able to use the fields. He felt there should be monies paid for maintenance. Chairperson Grabowski stated he would agree with a maintenance fee. For the $50 in Anoka, the fields are dragged five days a week. They are not against the maintenance fee, but they would want to see the fields maintained daily to increase safety standards. Motion by Orttel, Seconded by Knight, to approve the revised tournament application form. Motion carried on a 4-Yes, I-No (McKelvey) vote. APPROVE RESOLUTION ESTABLISHING 1999 USER FEES FOR THE USE OF FIELDS AND HOCKEY RINKS Councilmember Knight again asked that the small rental items be included in the tournament application fee. Mayor McKelvey noted there is no provision for one-day tournaments. Councilmember Dehn had a problem with charging the same for either a one-day or two-day tournament. There should be some provision for it. Park and Recreation Commission Chairperson Al Grabowski stated typically there is no one to take the remaining day for such tournaments. If a one-day tournament is booked, it eliminates the ability of anyone to run a two-day tournament that weekend; but he was willing to make some provision for it. Motion by Orttel, Seconded by Kunza, to approve Item 16 as proposed subject to adding a one-day tournament. (Resolution R260-98) Motion carried unanimously. . - .' - .._~ .-- - I Regular Andover City Council Meeting Minutes - December 15, 1998 Page 11 APPROVE THREE APPRAISERS TO DETERMINE LAND VALUES AS REQUIRED IN ORDINANCE IOBB The Council asked what happens in the event one of the appraisers drops out or the party doesn't like the appraisal given. Park and Recreation Commission Chairperson Al Grabowski stated the City Council has the authority to appoint another appraiser. This is just to get through the next few months, as the Commission is looking at and researching other methods of assiglÚng park dedication fees. He noted the research done on how other cities determine park dedication fees and the ordinance recently passed by the City of Lakeville which sets the fees based on the number of units in a development and also appears to have a more efficient appraisal process. He reviewed some of the benefits to having the park dedication fee based on units. Winslow Holasek. 1159 Andover Boulevard - did not see the current ordinance and the limitation of three appraisers as being fair and equitable. From experience he has found that the value assigned by appraisers will depend on who the appraisal is being done for. He agreed with the proposal to base park dedication fees on the number of units. It would be impartial, both sides would know the fees up front, and there should be no need to spend money on appraisers. He felt limiting the number of appraisers to three is a bad idea. Motion by Orttel, Seconded by Oehn, to approve the Item as recommended and ask that the Park Board have their recommendation back on alternate fees by the end of January. Motion carried unanimously. APPROVE 1999 FEE SCHEDULES Councilmember Knight asked what percentage increase was used. Mr. Fursman stated typically the fee is what it takes for the service and they look at what other commulÚties charge. Councilmember Oehn suggested next year the amount of the increase be shown for comparison. Motion by Knight, Seconded by Oehn, approval of the item. (See Resolutions R261-98 setting fees for permits, rezonings, Special Use Permits, variances, platting, license fees, lot splits, rental fees and various other fees; R262-98 establishing service charges; R263-98 establishing permit fees and service charges; and R264-98 setting rates for permits, connection fees, services and water usage) Motion carried unanimously. MAYOR/COUNCIL INPUT Thank you - Councilmember Oehn expressed her pleasure in working with the other Councilmembers and Staff. She also praised the response of the Fire Department to a car accident involving a family member and the excellent handling of the situation. Councilmember Kunza also expressed appreciation in working with the Council and Staff. . . ... ~. ~- . - ~ Regular Andover City Council Meeting Minutes - December 15, 1998 Page 12 (MayorlCouncil1nput, Continued) Green Acres legislation - Councilmember KlÚght asked if the Mayor had an opportunity to talk with the legislators about changing the Green Acres law. Mayor McKelvey stated they were not interested in talking about new legislation. Councilmember Orttel didn't think they realized that the court has made an interpretation of the law other than what the legislature intended. Someone on the tax committee might understand it. He thought the City should talk to other cities and presented a united proposal. He suggested Councilmember KlÚght write a letter to the Metropolitan Council since he has an understanding of the issue and ask them to lobby for new legislation. Exit interviews - Councilmember Kunza suggested the Council hold exit interviews in the future. Ms. McGann stated there has been discussions about it being done by the personnel committee. Mr. Fursman stated there is an employee termination questionnaire and department heads have held exit interviews. Councilmember Orttel felt it would be a good idea to have the exit interview done by the personnel committee with comments and/or recommendations coming back to the City Council. Meetingformat- Councilmember Knight wondered if such items as non-participation items can be put at the end ofthe agenda so people don't have to wait so long for their items. Possibly the EDA meetings do not have to be held at 7 o'clock. Councilmember Orttel suggested consideration may need to be given to holding the EDA meeting on a different evening. No decisions were made this evemng. APPROVAL OF CLAIMS Motion by Kunza, Seconded by Dehn, approval of the Claims. Motion carried unanimously. Motion by Dehn, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting adjourned at II :21 p.m. Respectfully submitted, \\~~k~ Marcella A. Peach Recording Secretary . . .. ... .. ~- "-- -