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HomeMy WebLinkAboutCC November 16, 1999 _. L.U Y) û1.d.QdL ) d;::¡ - c¡ c , , -. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 16,1999 TABLE OF CONTENTS RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPRO V AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CONSENT AGENDA Resolution R233-99 changing precinct boundaries ............................. I Approve hire receptionist/Secretary (Cynthia Ramseier) . . . . . . . . . . . . . . . . . . . . . . . .. I Resolution R234-99 approving amended Special Use PermitlBulk storage liquid fuels/Kottke's Bus Company .......................................... I Resolution R235-99 approving Special Use Permit/Real estate sign/Woodland Meadows I Approve revised application for schedule use of recreational facilities. . . . . . . . . . . . .. I Approve revised softba!llbaseball tournament application fonn ................... 2 Approve soccer tournament application form ................................. 2 Resolution R236-99 approving plans and specs/ Advertise for bids1IP98-22A1 We!l-Pumphouse #7 ................................................. 2 Approve purchase/Cubicle furniturelEngineering (Metro Systems) ................ 2 Receive sanitary sewer rate study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R237-99 extending bid award period/Grey Oaks. . . . . . " . . . . . . . .. . .. .. 2 APPROVAL OF MINUTES .................................................. 2 ANOKA COUNTY SHERIFF REPORT ........................................ 2 PUBLIC HEARING: VACATION OF EASEMENT/I 381 I PALM STREETNW ........ 2 Motion to table to next meeting ........................................ . . .. 3 DESIGNATION OF SNOWMOBILE ROUTES .................................. 3 Motion to set informational hearinglDecember2 .............................. 5 AMENDED SPECIAL USE PERMIT/PIPELINEINORTHERN NATURAL GAS ....... 5 Resolution R238-99 denying the Permit ..................................... 9 V ARIANCEIFENCE HEIGHT/83 I CROSSTOWN BOULEV ARD/BLESI . . . . . . . . . . . .. 9 Resolution R239-99 approving the variance ................................. 10 1999 TOBACCO LICENSE/SPUR Motion to transfer tobacco license from Spur to Philapea & Associates for 1999 .... 10 2000 TOBACCO AND LIQUOR LICENSES Motion to approve ..................................................... 10 DECLARE COSTSIIP97-26A!HAMILTON SQUARE Resolution R240-99 declaring costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 RECEIVE ASSESSMENT/ORDER PUBLIC HEARINGIIP97-26NHAMIL TON SQUARE Resolution R241-99 receiving assessment & ordering public hearing. . . . . . . . . . . . .. I I DISCUSS GRADINGIDRAINAGE ISSUE/15526 YELLOW PINE STREET. . . . . . . . .. I I Motion to put yard back to original plat elevation . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 RESOLUTION SETTING FEES FOR PARK DEDICATION/CASH IN LIEU OF LAND 12 AMENDED SPECIAL USE PERMIT/PORTABLE CLASSROOMSIFAMIL Y OF CHRIST Resolution R242-99 approving the amended Special Use Permit (portable buildings). I3 MA YORlCOUNCIL INPUT Trail requestIMotion to forward to Park Board and Sheriff's Department .......... 13 Hunting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 13 EDAlRyan Companies . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 APPROVAL OF CLAIMS .................................................. 14 ADJOURNMENT......................................................... 14 - - - - 1-tI1îc.rct <:"d ¡d.~ /-'1 -' CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 16, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, November 16, 1999, 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 CounciImembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickenson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek. I I 59 Andover Boulevard - stated the residents feel the Council took the side of those on the proposed alternate route for the pipeline, and they want to know why. Mayor McKelvey suggested that discussion wait until the agenda item is before the Council. AGENDA APPROVAL Add Item 23, Extend Bid Award Period/Grey Oaks. Pull from the Consent Agenda for discussion Item 15, Approve Amended Special Use PerrnitIPortable ClassroomslFamily of Christ Church. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 12 Change Precinct Boundaries (Resolution R233-99) Item 13 Approve Hire Receptionist/Secretary (Cynthia Ramseier) Item 14 Approve Amended Special Use PennitlBulk Storage Liquid Fuels/Kottke's Bus Company (Resolution R234-99) Item 16 Approve Special Use PennitlReal Estate SignIWoodland Meadows Third Addition (Resolution R235-99) Item 17 Approve Revised Application for Schedule Use of Recreation Facilities ._~~ - '-' Regular Andover City Council Meeting Minutes - November 16, 1999 Page 2 (Consent Agenda, Continued) Item 18 Approve Revised Softball/Baseball Tournament Application Form Item 19 Approve Soccer Tournament Application Form Item 20 Approve Plans and Specs/Advertise for BidsIIP98-22A1Well-Pumphouse #7 (Resolution R236-99) Item 2 I Approve Purchase/Cubicle FurnitureÆngineering (from Metro Systems, $1,255.37) Item 22 Receive Sanitary Sewer Rate Study Item 23 Extend Bid Award Period/Grey Oaks (Resolution R237-99) Motion by Jacobson, Seconded by Johnson, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES November 2, 1999, Regular Meeting: Correct as written. Motion by Knight, Seconded by Johnson, approval of the Minutes. Motion carried unanimously. ANOKA COUNTY SHERIFF REPORT Captain Bruce Andersohn reported the Department responded to 1,000 calls for the month of October, bringing the year-to-date calls to 9,035. Bunker Lake Boulevard is open and traffic is moving nicely. He reminded people that there are still construction crews on the site doing finishing work and asked the public to please abide by the speed limit. They will be enforcing the speed limit and will be bringing in the speed trailer. He commended the public for their behavior throughout the summer. Councilmember Orttel asked if it would be proper for the Sheriff's Department to support the City in asking for a traffic light on Crooked Lake Boulevard and Bunker Lake Boulevard during the rerouting of traffic when the Hwy 242 bridge over Highway 10 is closed. Captain Andersohn asked the Staff to send him the request, and he will have it forwarded to the county highway department. They are willing to support the City's request. He understands the construction on that bridge will commence in February. There is a plan available, and he will present it when he comes to the Council meeting next month. PUBLIC HEARING: VACATION OF EASEMENT/1381I PALM STREET NW Mr. Carlberg reviewed the request of Hills, Inc., to vacate a portion of a drainage and utility easement on Outlot C, Hills of Bunker Lake 5th Addition to allow for the construction of a home. The lot was deemed unbuildable when platted because of the wetland delineation. The property - --_. I .-. Regular Andover City Council Meeting Minutes - November 16, 1999 Page 3 (Public Hearing: Vacation of Easement/13811 Palm Street, Continued) owner has redelineated the wetland, and the Coon Creek Watershed District has approved it with conditions. Based on conversations with the Anoka County Highway Department, he recommended a condition be added to the Resolution that the City review the final drainage and hydraulic plans so they do not impact drainage on Bunker Lake Boulevard. Mayor McKelvey opened the hearing for public testimony. 7: I 5 p.m. There was none. Motion by Jacobson, Seconded by Johnson, to close the public hearing. Motion carried unanimously. Councilmember Orttel asked if there is to be one lot or three. Larry Olson, representing the applicant, stated the original submittal was for three lots; but when going through the Coon Creek Watershed process, only one lot was deemed buildable. The request is for one lot. The Council was concerned that there are nine conditions not yet met and suggested the item be tabled until those conditions are completed. Motion by Jacobson, Seconded by Ortte1, to table this to the next meeting to have Staff and developer complete all the technical infonnation that is required -- the verification of the ponding, verification of the elevations, verifications of floor elevations for adjacent properties, verification of wetland boundary, verification of hydrology and hydraulic calculations and a revised grading plan -- so there is a clean document to act on. Motion carried unanimously. APPROVE DESIGNATION OF SNOWMOBILE ROUTES Todd Haas, Assistant City Engineer, reviewed the proposed designated snowmobile routes through the southern portion of the City as well as the no-snowmobiling boundary across the City. There has been a change from the route coming out of Po v's because of the state law not allowing two-way snowmobile traffic on roads. That trail will now go through part of the City park property up to Crosstown Boulevard. There are three drop-off locations for snowmobiles and trailers -- Pov's, the north end of Tower Drive at the City Hall and the Round Lake boat landing on Round Lake Boulevard. The Task Force felt Hanson Boulevard would not make a good trail because of the existing bituminous trails, the high volume of traffic and the density. John Campbell, Andover Snowmobile Trail Association, stated they have received permission from the property owners through KnoJl's Farm, Fields' Farm and the Slyzuk and Eveland properties. They are still working with property owners along 147th Lane. He has talked with three homeowners and needs to contact four more. All have agreed, though one is concerned about his lawn which is mowed up to the curb. They will be riding on the street, so that should not be a problem. They are soliciting funds for signs to direct the traffic further north. They have suggested a snow fence for one person along Crosstown because of a day care and for peace of mind to keep people off the property. He also talked with a member of Jerry Windschitl's family who felt it would -_. - Regular Andover City Council Meeting Minutes - November 16, 1999 Page 4 (Approve Designation a/Snowmobile Routes, Continued) be agreeable to cross his property. Pov's is very supportive of the proposal, and they are working to park the snowmobiles on the infields of the ball diamonds and not in the parking lot for security and to create a Northern atmosphere. There will be informational signs along 161 st directing traffic to Hanson Boulevard, to Highway 65 and to the Rum River trails. Hanson Boulevard and Verdin are designated as trails, but they will not be promoted with signs. Councilmember Orttel noted the ordinance does not allow snowmobiling in the parks. Also, the boat landing at Round Lake is designated City park and he didn't know how many cars with trailers it would hold. He was concerned with drawing people from other cities, as the use of that lake for snowmobiling has been a problem in the past. Mr. Haas stated the Park and Recreation Commission has seen this plan and discussed it informally. That boat landing will handle about eight vehicles with trailers, plus the lake would be used for parking. A Sheriffs deputy stated from a law enforcement standpoint, they are looking for the trails to be marked. Most of the trails are on private property. As proposed, it will be easier to tag and tow since they must be only on designated trails south of 161st in Andover. They will have a zero tolerance policy. Violations are a petty misdemeanor with the fines determined by the court. Councilmember Orttel hoped that to begin with there would be some discretion used for those who have not yet learned of the new requirements. Captain Andersohn stated the Department will have the Recreation Staff around the City, and the marked trails will make enforcement easier. The speed limits are set by State Statute and are effective on the lakes also. He felt it may be unnecessary to have the west trail off Round Lake, especially because of the concerns with that portion of the trail. Councilmember Jacobson was also concerned with that portion of the proposed trail. Pennission is still needed from the property owners, plus the Council has said that an informational hearing will be held to receive input from all adjacent property owners. Councilmember Orttel asked if the City incurs greater liability by designated the snowmobile trails even though the City would not be maintaining them. Attorney Hawkins didn't think there would be additional liability as long as there is some reasonable basis for the location. There are no obvious hazards or dangers. Mr. Campbell stated the City would be considered private landowners and pennission is needed just as it is from other landowners. Their insurance policy will cover any landowners designated in the policy. There will be boxes along the trails with maps and the ordinance on the back. Infonnation will also be available at Pov's and other gas stations and businesses around town. Don Legge, a member of the Snowmobile Task Force, missed the first meeting but did attend the second one. He has talked with residents, and many along 147th oppose that portion of it. The residents adjoining the creek were concerned the trail would interrupt their scenic views and the quietness of the area. He believes the snowmobilers need a place to go, but there are some questions -- -- I - Regular Andover City Council Meeting Minutes - November 16, 1999 Page 5 (Approve Designation of Snowmobile Routes. Continued) about keeping the residents informed and notified of what is going on. Because there are several north-south routes, many people feel the trail up Seventh A venue serves no purpose, plus there is a lot of traffic along there. There is also concern with law enforcement, speed and alcohol use because of the bar hopping. Another concern is that the ordinance did not allow snowmobiling past 10 or I I o'clock, but that traffic will continue much later into the evening along the trails, negatively impacting the residents in those areas. People south of 161 st believed there would be no snowmobiling, but now they are surprised about trails and are frustrated because of the lack of notification. Mr. Legge stated another concern is with the Snowmobile Club's insurance policy. What are the limits? What are his limits? Will it cover his damages or his life? Herb Remke, 14 7th Lane, was concerned with having 14 7th Lane as the major snowmobile route past the front of his property. He felt it made better sense to bring it up to I 57th and keep it in the zone for snowmobiling. He has a concern with the noise nuisance and safety. Mike Schultz had a concern for his twin nine-year-old girls, stating they have lived in fear for four or five years. Finally they thought it was over, and now there is even a greater possibility of increased traffic, drinking, lack of respect for speed limits or property. He is on the comer, stating the snowmobilers will cut across the lots. Mr. Campbell stated they are willing to concede the trail along 14 7th Lane and move it up to 157th A venue. They still need the boat landing. The traffic along Coon Creek will all be on private property on the north side. The trail is very narrow with many switchbacks, so a reasonable speed through there is about 15 mph. Council discussed holding an infonnational meeting. It was felt everyone within 350 feet of the proposed trails should receive written notification of the meeting. Because it was felt there may be quite a bit of public testimony, it was agreed to hold the meeting at a special meeting on December 2. Motion by Jacobson, Seconded by Johnson, to authorize Staff to send out notifications with maps of the date to be 7 o'clock, Thursday, December 2, hearing at City Hall for comments; make sure to put in the notices that these are proposed trails. Motion carried unanimously. APPROVE AMENDED SPECIAL USE PERMITIPIPELINEINORTHERN NATURAL GAS COMPANY Mr. Carlberg briefly reviewed the request of Northern Natural Gas Company for an Amended Special Use Permit to construct a I 6-inch natural gas pipeline along the existing easement paralleling an existing 8-inch pipeline from Prairie Knoll park to the Rum River. The Federal Energy Regulatory Commission has authorized the construction of this route. - - - Regular Andover City Council Meeting Minutes - November 16, 1999 Page 6 (Amended Special Use Permit/Pipeline/Northern Natural Gas Company, Continued) Dennis Werkmeister, Nortbern Natural Gas Company, reviewed their responses to conditions of the proposed resolution as noted in their November 2 letter. In addition to the Amended Special Use Pennit with conditions as outlined in their letter, they are asking for approval of the pennits to run across the streets and for some of the land rights involved with property the City uses. In response to several questions from the Council on the conditions of the proposed Resolution, Mr. Werkmeister stated there is cost to including automatic shut-off valves, but the main reason for not putting them in the project is that they are not very reliable. They don't believe the technology is there to risk including automatic shut-off valves. He went into some detail on how the system works, how automatic shut-off valves function and how the proposed safety features will operate. Also, automatic shut-off valves were not a condition of the FERC Certificate, therefore the City may not make that requirement. Mayor McKelvey challenged it is more important for them to move the gas and not have the system go down once or twice than safety. He had a problem with waiting for I to I Y> hours for someone from Nortb Branch to come down and manually shut off the system. Mr. Werkmeister stated there are other safety factors built into the pipeline. Their procedures, policies and responses are better than two years ago, plus the emergency personnel of the City is better trained than before. Having an automatic shut-off valve doesn't guarantee it will operate properly. The company is not willing to put in these valves because they believe they are not reliable. The company will follow the FERC rules on safety. Councilmember Jacobson wondered if the Staff has seen the proposals for the pipeline on City property. Mr. Carlberg stated those documents have been submitted to the City but not forwarded to the Council. He believed they are consistent with what everyone else is receiving. The Engineering Department has been on those road crossings with representatives from Northern Natural Gas. Those actions are pending and are separate from the Council's action on this Pennit. Mr. Werkmeister clarified they are asking the Council to authorize the appropriate person to sign the documents, so when the tenns and dollar amounts are worked out, those documents will be signed. Councilmember Orttel noted the Pennit recommended by the Planning Commission had seven conditions. Four of them have been discarded because FERC has authority over them. Two others they agree to only to the degree that FERC addresses the issue. The only condition they will accept is the sunset clause. That really minimizes the object of approving this. Mr. Carlberg wanted to see an item that the gas company will meet the City's Tree Preservation Policy. CounciImember Jacobson suggested a condition that trees be replaced two for one outside the right of way per the Tree Preservation Policy and Ordinance No. 214. Mr. Werkmeister stated they have worked with the City's forester and have agreed to a plan regarding the Tree Preservation Policy. They understand that outside the easements it is a two-for- one replacement policy. They also told FERC they would comply with that policy. They would oppose that being a part of the Resolution because they have already said they would comply. - I -' Regular Andover City Council Meeting Minutes - November 16. 1999 Page 7 (Amended Special Use Permit/Pipeline/Northern Natural Gas Company. Continued) Winslow Holasek provided notebooks for the Council and Staff outlining the chain of events regarding this project and the issues involved. He felt there is ample evidence that there is a potential hazard, that it will depreciate surrounding property values and that the use is not in harmony with the ordinance, thereby violating Ordinance 8, Section 5.03 relating to the affects upon the health, safety and general welfare of the community. The notebook lists the comments received from people when preparing the environmental assessment report, noting the primary concern was that of safety. They do not believe it is safe to have a 40-year-old line that close to houses, noting last week a 48-year-old line ruptured because of a corroded pipe. The notebook also includes petitions signed by those who believe the project affects their health, safety and general welfare. There are also quite a few houses that are within 20 feet of the line. Another major discrepancy is the number of houses within the first two miles. Northern Natural Gas has said there are I I houses when there are 882 lots, plus over 100 lots on the rest of the line. Mr. Holasek continued that on Page 28 of the FERC environmental assessment report, the Staff indicated this route was not the environmentally preferred route but should be considered only if the line needed to be built this year. No one said what that alternate route was to be. On August 26 Northern Natural Gas asked for an expedited certificate for the last six miles because it was desperately needed. This portion of the line will not be built until next year, but they still preferred this existing route. Since the line will not be built until next year and the conclusion of the FERC Staff was that the 16-inch line shouldn't be built on the 8-inch line route, it is obvious the City should not grant the Permit for this route. Because this Permit clearly does not meet the requirements of a Special Use Permit under Ordinance 8, Section 5.03b, he requested the Permit be denied. Mr. Carlberg noted Staff has received additional requests from residents at the end of the day to deny the Pennit which will be entered into the public record. Joe? , attorney for Northern Natural Gas, stated an appeal has been filed with FERC, and they have 30 days to make a detennination regarding the request. They don't know ifFERC will act in that 30 days. They could also issue an order that says the time period will be held indeterminately, so there would be no time period. For that reason, Northern Natural Gas is asking the Council to make a decision tonight. There is no indication that FERC will grant an appeal Once FERC has issued the Certificate, they have the right to build this project. FERC has exclusive jurisdiction, and it is not up to the local government to make detenninations or redetermination regarding safety or routing issues. Councilmember Knight asked if they can start this project with or without this Special Use Permit. Attorney Hawkins stated that is correct. The pennit covers both temporary and permanent easements. The gas company has the right to work, and they have agreed to meet the City's Tree Preservation Policy for tree replacement outside the pennanent easement. Mayor McKelvey stated ifthe appeal to FERC is heard and the City does approved this Pennit, it could leave the impression with FERC that the City is supporting the project, making it unlikely the decision will be overturned. He was still concerned with safety and supported automatic shut-off valves. ~ - - .- - Regular Andover City Council Meeting Minutes - November 16, 1999 Page 8 (Amended Special Use Permit/Pipeline/Northern Natural Gas Company, Continued) The attorney stated the FERC Commission has considered these issues, so the local units of government can't reconsider them or reimpose items on the company. Councilmember Orttel understood FERC's position on safety, but it has a much greater impact on those people who live by the pipeline. He didn't think the Certificate says they have to agree with the safety items, just that the City has no authority to add additional safety requirements. Other than the Tree Preservation Policy, he didn't see any other issue the City could consider. He believed the issue of compensation to some of the property owners is a general welfare issue; however, he didn't think the Council had the power to resolve that issue. CounciImember Jacobson again pointed out even if denied this Permit, Northern Natural Gas can still construct the project. The only thing the City can do is look for items outside the FERC order or convince the company to agree with the City. The fact is the line will have to be put on someone's property. The only leverage is to say no tonight; and if FERC hears the appeal, maybe they would reconsider the concerns. Attorney Hawkins advised this is really an exercise in philosophy because the City has no regulation authority whatsoever. Steve Nash representing Mr. Holasek told the Council the FERC order doesn't mean the City has to authorize the Special Use Pennit saying something it doesn't believe. Don't say yes just because you feel there isn't a choice. He disagreed that the City has no power. The FERC certificate did give the City some power. In Appendix D of the ordinance under paragraphs 7 and 8 dealing with environmental concerns, both paragraphs reference the state and local authorities. If the appeal is heard by FERC, anything the City does could conceivably be construed as supporting their decision. He felt at a minimum the Council should wait until the FERC process is completed before acting on this Permit. If Northern Natural Gas doesn't need this Special Use Permit, they will ignore it or go to court. By passing the Resolution, the Council would be saying yes to something they really believe is no. C-harlotie,. ~ (l.n\.utd.ú:! q-l-'T1 Charlei'7, 15830 Xenia Street, had a lot of safety concerns with the project, citing an incident of a similar pipeline blowing near ~'6~other and the danger to his house if this goes through. .:Rè-1íad concerns with the recommendation made by the City Council to FERC and the facts that were given. sn'ík read the statements from the elected official telling FERC only 12 to 20 homes would be affected through this easement. If the gas company feels the technology is not good for shut-off valves, 00. "'he. feels an alternate route should be explored that will not affect as many people. Hi\\7-ants to know what facts were given to FERC by the City. Ao-crc\W I a-,-<1"1 Sped a.m enc::Lr.d I" - \ -C¡ '1 Barbara Cölbtll'n, 15980 Narcissus Street, watched the tape of the meeting and felt the issue was them against the proposed alternate route, the name calling and rudeness and the deceitful information. The real issue, however, is whether or not it is safe to run the 16-inch pipeline next to a 40-year-old pipeline through a large number of houses where it comes very close to those houses. It will disrupt their lives; their yards will be torn up, trees will be taken. FERC has already said it is not the safest route. How can the City issue the Permit? There must be a safer route. The gas company has all winter to find a new safer route. If this Permit is issued, they will have no reason to look for another route. - .--- - Regular Andover City Council Meeting Minutes - November 16, 1999 Page 9 (Amended Special Use Permit/Pipeline/Northern Natural Gas Company, Continued) Mr. Holasek reviewed the procedures for notification for Special Use Permits and its direct application to this route, pointing out that is why those along the proposed alternate route were not notified. He was very annoyed that the Council made the motion not to appeal FERC's decision, which essentially pushed the line along the existing easement route. He will send comments to FERC of what took place at this meeting tonight. He realized the appeal process has ended, but they might still listen because of the appeal before them. He felt the Council owed it to the residents along the easement not to approve the Permit after what they did. Attorney Hawkins stated by law the Council must act on this request because of the 6O-day time limit. Motion by McKelvey, Seconded by Knight, to deny the Special Use Pennit. DISCUSSION: There was some discussion on the findings of fact to support the denial of the Permit. Slo'elly [') 13\ Q.menckd 1~-l-q'1 Dan8kmlý,..}5-H Yellowpine, felt a major concern is to correct the information regarding the number of homes on which FERC made its decision. That might be one of the reason to deny the Permit. Mr. Holasek stated FERC based its decision on a lot of misinformation. The record should be set straight. The issue is whether or not it is safe to run the line through this area. Councilmember Orttel felt that may be a general welfare issue and would also include depreciation of property values, tree loss and other environmental issues. Mayor McKelvey added to the motion denial for safety reasons, as there are too many homes along the line. It also negatively affects the values of adjoining properties and scenic views, which comes under the "general welfare" portion of the criteria. (Resolution R238-99) Motion carried on a 3- Yes, 2-No (Jacobson, Johnson) vote. Councilmember Jacobson stated the reason he voted no is that in his experience, FERC will not change its mind. Any decision made tonight means nothing; they will do what they want. APPROVE VARIANCE/FENCE HEIGHT/B3l CROSSTOWN BOULEVARD NW/BLESI Mr. Carlberg reviewed the request of Terris and Diana Blesi for a variance to construct a six-foot high chain link fence in their front yard which exceeds the four-foot fence height requirement. The Planning and Zoning Commission recommended approval of the request; however Staff is recommending denial based on the lack of hardship. No variances of this nature have been granted in the past and they are concerned with setting a precedence. The fence is already built even though the property owner was told it violated the ordinance. The reason for four-foot high fences in the front yard is for uniformity and not wanting to create walls in the front yards along the streets. Mayor McKelvey stated a chain link fence doesn't block the visual. He believed the owner wanted it that high because of the dogs. -~ Regular Andover City Council Meeting Minutes - November ]6, ]999 Page 10 (Variance/Fence Height/S3] Crosstown Boulevard NW/Blesi, Continued) Council member Jacobson stated Staff advised the owner prior to constructing the fence of the requirements, so the ordinance was violated twice. That bothers him. He also questioned what is the hardship. CounciImember Orttel stated it is a narrow lot on the county road and there has been an animal problem there. It is a unique parcel of property. He had a problem with allowing fences all over, not wanting a "walled" city; so there must be some control over the fences. The fact the fence was built even after knowing it is in violation also concerns him. Motion by Orttel, Seconded by McKelvey, the Resolution, the uniqueness having to do with the location of the property and the unique shape of the property, its narrowness and being immediately adjacent to Crosstown Boulevard requiring more of the side and front yard. (Resolution R239-99 approving the variance) Motion carried on a 3- Yes, 2-No (Jacobson, Johnson) vote. APPROVE 1999 TOBACCO LICENSE/SPUR Motion by Orttel, Seconded by Knight, to so move (transfer of a tobacco license from Spur to Philapea and Associates, LLC, for the remainder of 1999). Motion carried on a 4- Yes, I -Present (Jacobson) vote. APPROVE 2000 TOBACCO AND LIQUOR LICENSES Motion by OrtteI, Seconded by Johnson, to so move (Tobacco: Big Bore Cigar Company, Total Mart, Oasis Market, Festival Foods, Speedway/SuperAmerica, Pov's Sports Bar & Grill, Andover Liquor, Philapea and Associations, LLC, SuperAmerica., Merwin Drug, Bill's Superette, Tom Thumb Store, G-Will Liquors; Non-Intoxicating Off-Sale Liquor: Total Mart, SuperAmerica, Bill's Superette, Tom Thumb Store, Speedway/SuperAmerica., American Golf Corporation; Intoxicating On-Sale Liquor: Pov's Sports Bar & Grill; Intoxicating Off-Sale Liquor: Andover Liquor; G-Will Liquors) Motion carried on a 4- Yes, I -No (Jacobson) vote. DECLARE COSTSI/P97-26A/1lAMILTON SQUARE Motion by Jacobson, Seconded by Orttel, approval of the Resolution (Resolution R240-99) DISCUSSION: Ed Hamilton explained originally it was platted at the request of the City and they were assessed $18,850 for the 520-foot long stonn sewer line. This storm sewer line was installed in June, 1999, for a total cost of$21,753.80, which is $2,903.80 more than what they were originally assessed to go an additional 3 14 feet in a straight line. To be assessed $ I 0,537 for the additional footage is out of line, and he felt they are being penalized twice. He questioned whether the City wants - - ~. .- Regular Andover City Council Meeting Minutes - November 16. 1999 Page 11 (Declare Costs/1P97-26A/Hamilton Square, Continued) commercial development. Mr. Erickson stated this is simply the approval to hold the public hearing. He will address those numbers at the December 7 hearing. He has discussed this with Mr. Hamilton several times, but Mr. Hamilton still has some issues. The Council agreed to review the matter at the hearing. Motion carried unanimously. RECEIVE ASSESSMENT - ORDER PUBLIC HEARINGIIP97-26A/HAMILTON SQUARE Motion by Jacobson, Seconded by Orttel, to approve Item No.9. (Resolution R241-99 setting a hearing for December-9;' 1999) Motion carried unanimously. 7 Q...v-r-o,o:::..nded \~-Î-"I"'I DISCUSS GRADING/DRAINAGE ISSUE//5526 YELLOW PINE STREET NW CounciImember Jacobson stated he received a phone call from the property owner about the back of his lot which was shown on the original plat as a ponding area. After talking with Staff about filling in the ponding area, he was informed a Staff member saw the contractor who was filling in the pond and stopped it. Right now the property in the back of Gabriel's lot is not graded to the original plat but is about I Y, feet higher than it should be. The question is whether the City allows the lot to remain as is or whether the yard should be regraded back to the original plan. Mr. Erickson explained that "finger" of the drainage area is I Y, feet above the original plan. The adjacent lot is waiting to see what the Council decides before completing the development. The surveyor's certificate stated the Gabriel's lot met the approved grading plan, but it did not. The surveyor may have looked at the wrong I OO-year elevation instead of the contours. Terri Gabriel, Lot 8, Block 4, Chesterton Commons, stated the lot was originally filled in, and then more dirt was taken out than was originally approved by the City Engineer and Building Official. The drainage all flowed toward the pond, including the lot to their north which is higher. The surveyor for the pond to the north of them came in after they were informed there was a volume problem. There was a one month time period from the time the City received the new survey until he heard from the City that the elevations were still not correct. Mr. Erickson stated from the beginning the Gabriels were told the lot had to go back to the original elevations. The concern is creating high water on the rest of the pond and causing it to bounce more often. Typically the pond will be a dry area which will take some water during a stonn. The Coon Creek Watershed is the pennitting organization. This becomes part of the Coon Creek Watershed system, but the City maintains it. From a Staff standpoint, they enforce the ordinances and policies in place. They tried to find ways to make this work for them. It is very difficult. If there is a deviation allowed, others will want the same consideration. That potentially creates a larger problem. A representative for Mr. Gabriel stated the Grabriels have tried to work with the City to make the pond as it should be, but he felt the City really stumbled on this. This has cost the Gabriels a lot of -- -- Regular Andover City Council Meeting Minutes - November 16, 1999 Page 12 (Discuss Grading/Drainage/15525 Yellow Pine Street NW, Continued) money. The City still has escrow money of the Gabriels that has not been released because of this issue. The City Engineering Staff has been late in everything they have done. The Gabriels have tried to work with the City. At this point, to say they have to start over again and especially at the Gabriel's expense is inconceivable. He felt it should be left as is. If it does have to be changed, it should be done so at the expense of the City. The Gabriels have paid twice to have this excavated at the direction of the City Engineer. He felt the problem is the lot to the north was approved higher than it should have been. If the Gabriel's lot is lowered I Y:. feet, the drainage is all wrong. Mr. Erickson stated the contractor filled in behind all three lots. The City told the contractor to remove that material back to the original design for the pond. That would include some area to the north. Staff indicated very clearly that the lots needed to be graded back to the grading plan approved by the City and the Coon Creek Watershed. That is what is required unless the Council decides otherwise. Council discussion was that if this ponding area is filled, it would probably cause changes elsewhere. The overall system could be impacted. It was suggested that in the future plats would be required to stake sensitive drainage areas so residents know about it. Motion by Jacobson, Seconded by OrtteJ, to direct the GabrieJs and Staff to put the back yard back to the original plat elevation. DISCUSSION: The representative for Mr. Gabriel asked if they must pay for this a third time. He felt this has to be done a third time because the City was a fault; therefore, the City should pay for it. Councilmember Jacobson stated it should be done right. If the City allows variances for the easements and grading plans, it will set a precedent. This proposal is to protect the rest of the City. All three lots will have to be fixed. Mayor McKelvey felt the developer of the plat should pay for the correction if it was not graded correctly to begin with. The City will not pay for this correction. Mr. Erickson stated the building on the lot to the south is waiting to see what decision the Council will make before completing that construction. He will veri/)' with the Building Official regarding the fill on the lot to the north. He will also check on whether or not the responsibility lies with the original developer. Motion carried unanimously. APPROVE RESOLUTION SETTING FEES FOR PARK DEDICATION FOR CASH IN LIEU OF LAND FOR YEAR 2000 Park and Recreation Commission Chairperson Dave ßlackstad stated the intent when the ordinance was amended to a per-lot fee was to review it annually. Land prices are escalating; and it is the position of the Park and Recreation Commission if fees are not increased, they will fall further behind than prior to the change. The increase to $ I ,800 per unit is based on the current sales in the City. If the Council does not agree with the increase, the Park Board has discussed going back to the 10 percent policy. The Council questioned the amount of the increase, thinking average sales were between $20,000 and $30,000 per acre. Based on 2.5 units per acre, the proposal supposes land is selling for around -- -- ,~ -- Regular Andover City Council Meeting Minutes - November 16, 1999 Page 13 (Resolution/Fees/or Park Dedication/or Cash in Lieu 0/ Land/Year2000, Continued) $45,000 per acre. They generally preferred the per-unit method of determining cash in lieu of land for park dedication but did not agree with the amount being proposed. It was noted that if the City is forced to develop at three units per acre as proposed by the Metropolitan Council, it will increase those revenues considerably. It was suggested the fees be increased based on an inflation factor. Chairperson Blackstad asked that the Park Board be given an opportunity to review the issue again and bring it back. The Council agreed. APPROVE AMENDED SPECIAL USE PERMIT/PORTABLE CLASSROOMS/FAMILY OF CHRIST CHURCH Councilmember Jacobson stated he did not object to the request but felt five years is quite long for temporary storage. He suggested approving the Pennit for three years, after which they could come back if needed. A representative of the Church stated they are asking for five years from the original date, which was last year. That would extend the request to four years from this day forward. They are hoping to have a building program in place to alleviate the overcrowding and eliminate the need for the temporary buildings. The buildings are inspected and hooked up to their utilities. Council member Orttel did not have a problem with the temporary buildings since they are inspected. Motion by Knight, Seconded by Orttel, to approve the Item as presented. (Resolution R242-99 approving the request for a total of five years) Motion carried unanimously. MA YOR/COUNCIL INPUT Trail requests - The Council noted two written requests for trails and agreed to forward them to the Park Board. Motion by Orttel, Seconded by Jacobson, to pass the letters to the Park Board and the Sheriff's Department for the one item on vandalism. Motion carried unanimously. Hunting - Councilmember Jacobson wondered if the no-hunting areas in the City should be reconsidered because of the increased development. Councilmember Orttel suggested the problems and complaints be obtained from the Sheriff's Department. He did not want to correct something if there isn't a problem. EDA/Ryan Companies - Mr. Fursman introduced Jim Dickenson, recently hired as the Financial Director, to the Council. He also reported his conversation with a resident economic development specialist as directed by the EDA last week about the proposal from Ryan Companies on the -~ -- '- -- Regular Andover City Council Meeting Minutes - November 16, 1999 Page 14 (Mayor/Council Input, Continued) development of Andover Station. It appears the amount per square foot proposed by Ryan Companies is too low, the time table is too long and the proposal really provides little for the City's benefit. He suggested they ask Ryan Companies to submit another proposal and that an appraisal be done on the property. Also, the City may want to start looking at opportunities to market the project itself. Right now all leads are going to Ryan Companies. He will poll all of the EDA members regarding his proposal. The Council discussed alternative marketing methods, including the hiring of someone on a contract basis to do so. Mr. Carlberg stated because of this, the sketch plan for Andover Station is being pulled from the Planning and Zoning Commission agenda until there is some agreement with Ryan Companies. The Council generally agreed to Mr. Fursman's recommendations. APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Knight, approval of Claims. Motion carried unanimously. Motion by Knight, Seconded by Johnson, to adjourn. Motion carried unanimously. The meeting adjourned at 10:50 p.m. Respectfully submitted, "0í\CV..ß Q.. ~L Marcella A. Peach Recording Secretary --- --