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HomeMy WebLinkAboutCC November 2, 1999 ............. ----- .. .- . CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.' ANDOVER. MINNESOTA 55304. (612) 755-5100 gular City Council Meeting - Tuesday, November 2, 1999 agenda Call to Order - 8:01 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Assessment Hearing/CertifY Delinquent Utility Bills certify 2. Amend Ordinance No. I09/Snowmobiling ordlO9 3. Deny Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drive/US West Wirelessuswest 4. Approve Variance/Side Yard Setback Encroachment/255I - 136th Avenue NW/Stinson stinson 5. Discuss Traffic Study/139th Avenue NW & Marigold St. NW study139 6. Discuss Traffic Study/157th Avenue NW & University Avenue NW study157 7. Discuss Reimbursement Request/752 - 140th Lane NW reimburs Staff, Committees, Commissions 8. Schedule EDA Meeting eda 9. NMMAlAMM/Choose cboose Non-Discussion/Consent Items 10. Compensatory Time comptime I I. Approve Special Use PermitlLand Reclamation/27xx South Coon Creek Drive/Borja supborja 12. Approve Special Use PermitlLiquor License/Lot 3, Block I, Andover Station/I 16, LLC sup11611c9919 13. Approve Special Use PermitlLiquor Licenses/Lot 2, Block I, Andover Station/I 16, LLC sup 11 611c9920 14. Approve SUPIReal Estate Sign/Fox Hollow/I 641 - 155th Avenue NW/Gor-em, LLC sup155th 15. Approve SUPIReal Estate Sign/Fox Hollow/15302 Martin Street NW/Gor-em, LLC supmartin 16. Approve SUP/Construct Garage before Principal Structure/159xx Crosstown Blvd. NW/Cridersupcrider 17. Approve SUPIRelocation of Structure/I 59xx Crosstown Blvd. NW/Crider suprelocate 18. Receive Assessment Roll/Order Public Hearing/98-32/3512 - 142nd Avenue NW roll9832 19. Approve 1999 Carryover Park Capital Improvement Budget parkbudg 20. Accept Trail EasementlShadowbrook 5th Addition shadow5 21. Accept Trail EasementILot 7, Block I, Timber River Estates timberri 22. Update of School Zone Speed Study school 23. Approve Change Order #1 (Compensating)/96-0I/Kelsey Round Lake Park co1961 24. Approve Final Payment/96-0 I/Kelsey Round Lake Park fpay961 25. Declare Cost/97-26A1Hamilton Square dlr9726a 26. Receive Assessment Roll/Order Public Hearing/97-26A1Hamilton Square rol9726a 27. Approve Adjustment to GIS Range Rider Contract gis Mayor/Council Input Payment of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 2, 1999 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CONSENT AGENDA Approve compensatory time (Shirley Clinton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R215-99 approving Special Use PermitlReal estate signIFox Hollow ..... 2 Resolution R216-99 approving Special Use PermitlReal estate sign/Fox Hollow ..... 2 Resolution R217-99 approving Special Use Permit/Construct garage before principal structure/159xx Crosstown Boulevard/Crider. . . . . . . . . . . . . . . . . . . . .. 2 Resolution R2 I 8-99 approving Special Use PermitlRelocation of structure/ I 59xx Crosstown Boulevard/Crider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R2 I 9-99 receiving assessment roll/Order public hearing! IP98-32/3512 142nd Avenue NW . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . .. . .. 2 Approve 1999 Carryover Park Capital Improvement Budget ..................... 2 Accept trail easementlShadowbrook 5th Addition. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Accept trail easement/Lot 7, Block I, Timber River Estates. . . . . . . . . . . . . . . . . .. . .. 2 Resolution R220-99 approving Change Order #1 (Compensating)IIP96-01IKelsey . . .. 2 Resolution R221-99 approving final payment/IP96-01IKelsey-Round Lake park. .. . .. 2 Approve adjustment to GIS range rider contract ............................... 2 APPROVAL OF MINUTES .................................................. 2 ASSESSMENT HEARING: CERTIFY DELINQUENT UTILITY BILLS Resolution R222-99 adopting the assessment roll for certification ................. 3 AMEND ORDINANCE NO. 109/SNOWMOBILING Motion to approve amendment to ordinance .................................. 3 SPECIAL USE PERMIT/CELL TOWER ANTENNN32XX SOUTH COON CREEK DRIVE/US WEST WIRELESS .................... . . . . . . . . . . . . . . . . . . . . . . .. 4 Motion to table for 60 days and for further study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 VARIANCE/SIDE YARD SETBACK ENCROACHMENT/255 I 136TH AVE/STINSON Resolution R223-99 to grant the variance .................................... 9 DISCUSS REIMBURSEMENT REQUEST1752 140TH LANE NW Motion to reimburse $750 for dewatering to D. Szykulski ....................... 9 SPECIAL USE PERMITILAND RECLAMATION/27XX SOUTH COON CREEK...... 9 Resolution R224-99 approving the Permit for D. Borja. . . . . . . . . . . . . . . . . . . . . . . .. 10 DISCUSS TRAFFIC STUDY/139TH AVENUE & MARIGOLD STREET Motion to approve recommendations of City Engineer. .. . . . . . . . . . . . . . . .. . . . . .. 10 DISCUSS TRAFFIC STUDYII57TH AVENUE NW & UNIVERSITY AVENUE NW .. 10 Motion to approve recommendations of City Engineer . . . . . . . . . . . . . . . . . . . . . . . .. I I SCHEDULE EDA MEETING Motion to schedule EDA meeting for Tuesday, November 9,6 p.m. .............. I I NORTH METRO MA YORS'/ASSOCIATION OF METROPOLITAN MUNICIPALITIES Motion to join the Association of Metropolitan Municipalities. . . . . . . . . . . . . . . . . .. I I SPECIAL USE PERMITSILIQUOR! ANDOVER STATION/I 16, LLC Resolution R225-99 approving Permit for Liquor/Lot 3, Block I, Andover Station. .. I I Resolution R226-99 approving Permit for LiquorlLot 2, Block I, Andover Station. .. I I UPDATE OF SCHOOL ZONE SPEED STUDY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 Regular Andover City Council Meeting Minutes - November 2, 1999 Table of Contents Page ii MAYOR/COUNCIL INPUT Temporary signals at Bunker Lake and Crooked Lake Boulevards. . . . . . . .. . . . . . .. 12 Intersection of Bunker Lake Boulevard and Crosstown Drive. . . . . . . . . . . . . . . . . . .. 12 Trail along Crosstown Boulevard north of Andover Boulevard .................. 12 Signage on Bunker Lake Boulevard. . . . . . .. .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. .. 12 Train stations ......................................................... 12 APPROVAL OF CLAIMS .................................................. 12 ADJOURNMENT......................................................... 12 '. -- -- ..~ -. ~-_.._- '. - CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 2,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, November 2, 1999,8:01 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 Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek. I 159 Andover Boulevard - asked what right someone has when they have asked to address the City Council and does so. He was disturbed by the interruptions and heckling he and others received at the last Council meeting. It was intimidating to the point that people on their side of the issue did not wish to speak. Everyone should be given the same right to address the Council and should have the same courtesy without being harassed. Attorney Hawkins advised it is up to the Chairperson to decide what items are relevant and what interplay takes place between the members of the audience, the person at the podium and the City Council. It is not a legal issue. Mr. Holasek also questioned the need for the motion made at the last meeting that the City would not appeal FERC's decision regarding the gas line construction of Northern Natural Gas Company. Nonnally no motion is needed. By not doing anything, the issue would not be appealed. Councilmember Jacobson explained there were a number of people present who wanted to get something positive from the Council. The motion was made so the people left with an assurance that nothing further would be done by the City regarding an appeal. Mr. Holasek felt it was a political decision regarding the alternate route versus the existing route and which side was the loudest. He felt now the Council can't correct the errors in the FERC documents because of the disruptions from the audience. AGENDA APPROVAL Pull the following Items from the Consent Agenda for discussion: Item I I, Approve Special Use Permit/Land Reclamationl27xx South Coon Creek Drive/Borja; Item 12, Approve Special Use ..---- .. --~-_...--~- .. - Regular Andover City Council Meeting Minutes - November 2, 1999 Page 2 (Agenda Approval, Continued) Permit/Liquor LicenselLot 3, Block I, Andover Stationll 16, LLC; Item 13, Approve Special Use PermitlLiquor LicenseslLot 2, Block I, Andover Stationll 16, LLC; Item 22, Update of School Zone Speed Study. Table the following Items to the November 16 meeting: Item 25, Declare CostlIP97- 26A/Hamilton Square and Item 26, Receive Assessment Roll/Order Public HearinglIP97- 26A1Hamilton Square. Motion by Jacobson, Seconded by Knight, the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 10 Compensatory Time (Shirley Clinton) Item 14 Approve Special Use PermitlReal Estate SignIFox Hollow/1641 155th Avenue NW/Gor-em, LLC (Resolution R215-99) Item 15 Approve Special Use PennitlReal Estate SignlFox Hollow/I 5302 Martin Street NW/Gor-em, LLC (Resolution R216-99) Item 16 Approve Special Use Permit/Construct Garage before Principal Structure/I 59xx Crosstown Boulevard NW /Crider (Resolution R2 I 7-99) Item 17 Approve Special Use PermitlRelocation of Structure/159xx Crosstown Boulevard NW /Crider (Resolution R2 I 8-99) Item 18 Receive Assessment Roll/Order Public HearinglIP98-32/3512 142nd Avenue NW (Resolution R2 I 9-99) Item 19 Approve 1999 Carryover Park Capital Improvement Budget Item 20 Accept Trail EasementlShadowbrook 5th Addition Item 2 I Accept Trail EasementILot 7, Block I, Timber River Estates Item 23 Approve Change Order #1 (Compensating)IIP96-01IKelsey-Round Lake Park (Resolution R220-99) Item 24 Approve Final PaymentlIP96-0 I /Kelsey-Round Lake Park (Resolution R22 I -99) Item 27 Approve Adjustment to GIS Range Rider Contract Motion by Jacobson, Seconded by Knight, the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES October 12, 1999, Special Meeting: Correct as written. October 19, 1999, Regular Meeting: Correct as written. Motion by Knight, Seconded by Orttel, approval of the October 12 Minutes. Motion carried on a 4-Yes, I-Present (Jacobson) vote. Motion by Jacobson, Seconded by Johnson, approval of the October 19 Minutes. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 2. 1999 Page 3 ASSESSMENT HEARING: CERTIFY DELINQUENT UTILITY BILLS Motion by Jacobson, Seconded by Knight, the Resolution as presented by Staff. Motion carried unanimously. It was noted the item requires a public hearing. Mayor McKelvey asked for a motion to open the public hearing. Motion by Jacobson, Seconded by Knight to so move. Motion carried unanimously. 8:16 p.m. There was no public testimony. Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the Resolution presented by Staff. (Resolution R222-99 adopting the assessment roll for certification of delinquent sewer, water and/or street lighting service charges) Motion carried unanimously. AMEND ORDINANCE NO. 1091SNOWMOBILING Mayor McKelvey noted there has been a request to table this until the November 16 meeting, which is after the committee meets. Mr. Carlberg explained Staff has discussed this item with members of the Andover Trail Association prior to tonight's meeting and explained this is just a fonnality of approving the text and map which was approved at the last meeting. Based on that understanding, they are no longer requesting the item be tabled. Next week the Snowmobile Task Force will be meeting to discuss snowmobile trail routes through the City. It is expected they will bring back some recommendations to the November 16 meeting. Mr. Carlberg then reviewed the proposed boundary south of which no snowmobiling will be allowed in the City with few exceptions. Snowmobiling would be allowed within the southem right of ways of the streets and on the eastern right of way on Round Lake Boulevard and the west side of Seventh Avenue. The description along I 59th Avenue will have to indicate the shoulders and not the boulevard because snowmobiling is not allowed in the boulevards on City streets. The route follows the closest road system within the 161st boundary. Realizing there may be some problems along I 59th Avenue, Mr. Carlberg suggested the situation be monitored closely. Councilmember Orttel suggested snowmobiling be prohibited south of the northern right of way line along 161st and ¡59th Avenue. Motion by Jacobson, Seconded by Orttel, to approve Ordinance 109B presented by Staff with the minor corrections suggested by Staff on I 59th A venue. DISCUSSION: Councilmember Knight felt enforcement may be difficult going west past Round Lake Boulevard. Defining the line will be a problem. Mayor McKelvey stated he will vote against the motion believing this is creating an unenforceable ordinance. Snowmobiling is allowed on the lakes, but they can access the lakes only -- -. ' - - - -- ~ -. Regular Andover City Council Meeting Minutes - November 2, 1999 Page 4 (Amend Ordinance No. 109/Snowmobile, Continued) ITom City parks. The problem is snowmobiles are not allowed in the City parks. lt prohibits those in the neighborhoods around the lake from accessing the lakes. He felt this is premature without having the trails in place. Councilmember Jacobson felt those issues can be addressed at a future meeting. Councilmember Orttel stated it was not his intention to encourage everyone to snowmobile on the lakes. His thought was to allow those who live on the lakes to be able to snowmobile onto them. Motion carried on a 3-Yes, 2-No (McKelvey, Johnson) vote. DENY SPECIAL USE PERMIT/CELL TOWER ANTENNAl32XX SOUTH COON CREEK DRlVEIUS WEST WIRELESS Mr. Carlberg explained the Planning and Zoning Commission is recommending denial of the request of US West Wireless to construct a ISO-foot wireless communications facility (antenna/tower) on property located at 32xx South Coon Creek Drive NW. The Council asked what consideration has been given to locating this at other sites. Steve Mangold. Re2:ional Real Estate Manager for US West Wireless. 426 N Fairview. St. Paul - explained US West Wireless is asking for a Special Use Pennit to construct a ISO-foot tower. They reviewed and analyzed eight locations for this tower and submitted that infonnation to the City earlier today. For various reasons, the other sites were rejected. In this site they found a willing landlord and the proposal is in full compliance with the ordinance. He read the purposes and objectives of the ordinance, noting their request meets those objectives. The proposal meets all of the setbacks and height requirements, meets the general requirements of the ordinance, meets the acreage requirements of20 acres in a residential zone and meets the requirements of not being placed within 500 feet of any residence. People have said this will lower the surrounding property values and affect their scenic views. Mr. Mangold felt it is important to note that the proposal meets the ordinance which was written and adopted by the City after public hearings were held. It was at that time that the residents should have expressed their opinions. US West Wireless is following the rules set out by the City. He stated some Commissioners voted against the application because the tower would be in their back yards. He questioned if they are upholding the governing ordinances of the community by going against what was adopted. If they comply with the ordinance, the tower will not detrimentally impact that quality. He requested the application be voted upon and approved tonight. The application is for this site and they are looking for a vote on this site. Councilmember Orttel agreed with Mr. Mangold's comments on Ordinance I I3, but that doesn't become a factor until this Special Use Permit process under Ordinance 8 is approved Mr. Mangold felt the criteria for the Special Use Permit includes the objectives for Ordinance I 13. They feel if they comply with the ordinance, they will not be impacting the values. This item includes the health, safety, general welfare and morals, traffic conditions, etc. Mayor McKelvey recalled the intent was to first place these antennas on the existing water towers and only in extreme situations would additional towers be considered. Regular Andover City Council Meeting Minutes - November 2, 1999 Page 5 (Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drivel US West Wireless, Cont.) Mr. Mangold stated another reason they did not look further at the City's water tower was longevity, as they understood the water tower would be taken down within four or five years. They are looking at a long-time relationship of I 5-20-25 years. They would not be able to go into a 20-25-year lease if the existing water tower is to be taken down. When asked by Councilmember Knight if they sell space on those towers, Mr. Mangold stated no they don't. Councilmember Jacobson asked about the other sites that were considered and factors that were used to reject them as sites. The report says the water tower site marginally meets the objectives. Either the site does or it doesn't meet the objectives. Which is it? Dave Mitchell. FR design engineer for US West Wireless - explained there were some objections to the water tower site in comparison to this site. The objective is to extend the existing service footprint to the north and provide a contiguous service area. The test conducted at the water tower indicated they would not be able to go as far north as they need to provide adequate service to the amount of customers they will see on the system. US West Wireless is the sixth wireless provider to market in the Twin City metropolitan suburban area. They have seen an enormous amount of growth in the northern suburbs, which is where people are buying their phones and using their services. They launched their service with a tower at Eddy's Auto on Bunker Lake Boulevard. Since then they have seen a high use of their service in this area plus a high degree of dropped calls. After analyzing the performance, they have determined the most reasonable answer is that their customers drive off their system. The solution is to make another layer to the north to provide more coverage. The water tower site does not meet all of their objectives and does not provide coverage to the north as well as the Slyzuk property does. Councilmember Jacobson asked if they do not get approval for their preferred site, would the water tower work for them? He felt the idea was to put all of these things on City property or in the industrial area, which has been done so far. Mr. Mitchell stated the water tower would not work to their standards. Councilmember Orttel had a problem with the concept of having the ability to deny this, then force them to go on City property for a fee. When the tower was approved for Eddy's Auto, the Council was told the towers would have a one-mile radius. This location is a couple miles. He wondered if there was a plan showing the locations of all of the proposed towers within the City. Mr. Mangold stated they gear that to how their customers are growing. The key thing is to have a contiguous link when they add to their coverage. Regarding the City's water tower, even before the first Planning Commission meeting he and their real estate team were led to believe there was a limited time of use. They made a business decision not to use the water tower because they did not know when it was going to be dismantled and a new one put up in its place. At the first Planning Commission meeting, they were told it would be three to five years, but the item was tabled for them to evaluate the water tower. They agreed and tested it, but found it does not meet all of their objectives. Councilmember Orttel asked how often a maintenance person is on the site. -- -- -- - - Regular Andover City Council Meeting Minutes - November 2, 1999 Page 6 (Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drivel US West Wireless, Cont.) Mr. MitchelI stated maintenance is scheduled annualIY plus there are mechanical failures. Councilmember OrtteI then felt they would not have to place the tower adjacent to a highway. Councilmember Knight agreed the 20-acre requirement was to provide a cushion around the tower, and putting it on the edge distorts the 20 acres. Mr. Carlberg stated the discussion on the 20-acre requirement was to keep the towers out of the dense residential areas. The intent was the large tracks of land would create a buffer from the urban areas. He did not believe this property is in Ag Preserve. Councilmember Johnson asked how many more users could there be on the pole. Mr. Mitchell stated they design the pole for two other users, for a total of three users including US West. Councilmember Knight asked if the users will rent space. Mr. Mangold stated they design this pole for three users, anticipating the other PCS carriers or cellular carriers may want space. They have been on water towers and rooftops with other carriers. US West has a number of national agreements that go on their towers and they go on other towers. If AT&T would want space, they would pay US West to help capitalize the costs of constructing the tower plus pay the owner of the property for access rights. Attorney Hawkins advised there has been no significant change in the law since he wrote his opinion to the City of Lino Lakes in November, 1997. He reiterated the criteria to consider when approving or denying the Special Use Permit are the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding lands, the existing and anticipated traffic conditions, the effect on values of property and scenic views in the surrounding areas and the effect of the proposed use on the Comprehensive Plan. Specific findings are needed to support the decision if the request is denied. In order to sustain a denial on the basis of effecting property values, the values of property sold would need to be evaluated before and after the tower is placed in that vicinity. The scenic view would have an affect on value. lt is subjective, and a lot will depend on the Council's decision and what has happened in other communities. There must be specific findings of fact. Council member Jacobson noted the federal law that the municipality cannot prohibit these towers but can impose reasonable restrictions. The City cannot be arbitrary and alIow someone to do one thing and not allow someone else to do it. Councilmember Orttel recalled someone mentioned a federal court decision to deny a similar request based on the effect of health, safety, morals and general welfare of the occupants. Mr. Mangold thought that referenced the Fourth Circuit US Court of Appeals of AT&T Wireless versus the City Council of the City of Virginia Beach. Councilmember Orttel suggested the City Attorney review that case and its application to this request. Attorney Hawkins stated he could review it but advised more specific findings of fact may be on the affect on the property and scenic values. Mr. Mangold stated the ordinance requires no residential structure within 500 feet of the tower. This application complies. The ordinance also covers the fall zone of the tower, and they meet that - Regular Andover City Council Meeting Minutes - November 2, 1999 Page 7 (Special Use Permit/Cell Tower Antennal32xx South Coon Creek Drivel US West Wireless, Cont.) requirement also. He argued the ordinance preserves the property values of the City. Those property values should not be affected if the ordinance is met. The Council discussed the need for specific findings of fact and the time needed to research the effect of similar towers on property values. Councilmember Jacobson noted having been in the utility business for 30 years, they have found no substantiation that the power lines that are run through residential areas, which are much more obtrusive than the proposed tower, reduce property values. He felt the City would be in a serious situation if it denied this request. They do meet all the criteria, including the federal statute. Mr. Mangold asked that a decision be made tonight. Lynnette Bowers. 14570 Jonquil- noted the application says the parcel is 17.3 acres, which is not 20 acres as required by ordinance. Mr. Carlberg stated there is the ability to move the north property line to achieve the 20 acres. That would need to be made a condition of the approval. Ms. Bowers stated their property value is high now. The property along Hanson Boulevard was purchased when the power lines were already in place. She felt it will make a great difference in their value if a tower is built within their view, and they lose property values over night. She doesn't want to lose that value. She contacted a realtor who told her that the tower would have an impact. She called a mortgage company who also said that within the fall zone, FHA financing would be limited. Even in view of the tower, the mortgagor said the financing may be limited. If there is a default on the mortgage, they don't want to take a loss because the value is down. Many of them would be affected with their financing. The ordinance also states that the tower cannot be installed in view of a park unless it is proved there are no other sites available. She considers the Coon Creek Waterway their neighborhood park, and it is in view of this proposed tower. In Coon Rapids, towers cannot exceed 90 feet in height in residential areas. This will be 150 feet high. Ms. Bowers also verified that US West was fined by the Attorney General in 1996 for $5 million and is still being fined today by the Public Utilities Commission. When the brochure for US West came to her house, she called and found out that there is one big parent company with subdivisions. It is the same company that is paying fines daily with its regular phone service. She didn't think the City wants something that can't deliver service but now wants to install a tower in her back yard to deliver a new service. The property involved is also in the flood plain. Mr. Carlberg noted there is flood plain on the property, but the tower would not be located in the flood plain. Ms. Bowers had a picture of the property from her window after the July 4 storm, pointing out it is not known how much it will flood from year to year. She was also upset about the way in which some of the public hearings were canceled at the request of US West and not having enough time to notify the public. Then they moved the tower 100 feet to get it out of the flood plain. She felt the company is playing games. She felt an environmental assessment report should be done and discussed by the public. There could be endangered species because eagles fly over there all the time. - Regular Andover City Council Meeting Minutes - November 2, 1999 Page 8 (Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drivel US West Wireless, Cont.) Bill Hentges. 3061 142nd Lane NW - stated they are asking the Council to deny the permit. The residents have raised a number of concerns. The original notification was only to the residents within 350 feet. None were given to those who wiIl be affected in their neighborhood, nor to the south which will be affected much more because of the scenic value. He had a picture ofa ISO-foot tower in a residential area indicating a screening of trees. It showed there is very minimal screening for that sized tower and showed it is very plainly in view by the surrounding residents. He also had pictures showing what the pole would look like from their front yards. It is difficult to miss even from 1200 feet. Mr. Hentges then reviewed his opinion on how the request does not meet the criteria for approval. There are a number of studies relating to the effect of the electromagnetic radiation from the towers on health. As recently as August, 1999, there has been an indication that human health hazard may exist, though further study and monitoring is needed. They don't want to be Ginny pigs and find out there are long-term health effects. He also noted that the federal act does not limit the local government's authority in the placement of these facilities as long as it doesn't discriminate among the providers. Once the City grants any special consideration to US West, it wiIl be forced to grant the same consideration to any other carrier that asks for it. He advised care in granting any special consideration. The affect on property values is one of the criteria that allows the denial of the Pennit. A resident at the last meeting talked about trying to sell his property and having a hard time doing so. The number one reason for backing down was because in the disclosure, he had to tell potential buyers about the proposed telecommunication tower. The residents have been involved in this issue since August, and they would like it to end tonight. He asked that the permit be denied. Don Bowers. 1457 Jonquil -lives there and pays the taxes. Almost everyone in their neighborhood signed the petition to deny the request. Attorney Hawkins noted under State Statute, the City can extend the Special Use Permit for another 60 days if more information is needed. The item can be extended to January 20, 2000. Councilmember Orttel noted the application does not meet the acreage requirements. Motion by Orttel, Seconded by Johnson, that the Council ask the City Attorney to engage an appraiser on the City's behalf to appraise the properties in the vicinity of the proposed US West tower and that the Attorney give us his opinion on anything of relevance to the Fourth Circuit Court of Appeals decision that was made, and that Staff research any recent data available for radiation effects of such towers and that the issue be tabled until the second meeting in January for a decision. DISCUSSION: Councilmember Jacobson did not feel they would know any more in January than they do right now. Councilmember Knight also asked for a definitive statement from the mortgagors. He also asked about the ordinance requirement in relation to parks. Mr. Carlberg stated the ordinance allows for a statement from an engineer that the collapse of the tower will not impact the park. They are prepared to do that. The tower is designed to collapse onto itself. u Regular Andover City Council Meeting Minutes - November 2, 1999 Page 9 (Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drivel US West Wireless, Cont.) Dave? . 14424 Jonquil Street - stated the tower would be seen from his living room window. The gentleman stated they have been working on this process for over a year, but the documents show it has been exactly one year. He has seen other exaggerations from US West representatives. Motion carried on a 4- Yes, I-No (Jacobson) vote. Mr. Carlberg noted this will be placed on the January 18,2000, Council Agenda. APPROVE VARIANCE/SIDE YARD SETBACK ENCROACHMENT/255I136TH A VENUE NW/STINSON Motion by Jacobson, Seconded by Orttel, the Resolution as presented by Staff. (Resolution R223-99 granting the variance to allow for an existing principal structure to encroach 5 feet into the fi'ont yard setback and to allow for an addition to an attached garage which will encroach 12. I feet into the side yard setback from the street and to allow alterations to a non-conforming structure) Motion carried unanimously. DISCUSS REIMBURSEMENT REQUEST/752 140TH LANE NW Dave S~kulski. 752 I 40th Lane NW - has lived there since 1971. There was a septic system on the parcel. When he connected to the municipal sewer, his contractor found a broken pipe. The area needed to be dewatered to repair the pipe prior to extending the service line to their home. The contractor was cutting the stems off in the boulevard prior to the final grading and sod because everybody complained about the way it looked. He felt the contractor doing the landscape work broke the pipe when driving in the boulevard with the caterpillar, though he didn't know that for sure. He has talked to Mr. Erickson about getting reimbursed for the dewating costs. Mr. Erickson verified the pipe was broken at that time. He felt it would be unusual for the caterpillar to apply enough pressure to cause the pipe to break. Typically it is due to the utility company coming in with a backhoe or delivery trucks on new construction. A City contractor did the final grading on the project. Motion by Jacobson, Seconded by Knight, to reimburse in the amount of$750, money to come from the trunk fund. Motion carried unanimously. APPROVE SPECIAL USE PERMITILAND RECLAMATION/27XX SOUTH COON CREEK DRlVE/BORJA Councilmember Jacobson couldn't visualize why 2600 cubic yards would be needed for one or two building spots. -.. ---- - Regular Andover City Council Meeting Minutes - November 2. 1999 Page 10 (Special Use Permit/Land Reclamation/27xx South Coon Creek Drive/Borja, Continued) Dionicio Sotja. 1969 29th Avenue NW. New Bri~hton - has owned this parcel since 1971. At that time, it was bare land with some evergreen trees behind it which stopped the erosion. Wind from the north would blow the light sand, leaving areas without vegetation. In 1974 he planted maple trees. That wasn't able to hold the erosion. This time he wants to fill the area with more dense top soil so that erosion will not continue. It will also provide better elevation for the area. He will continue to plant trees to hold the snow off the street. Unfortunately, people are stealing the trees which he planted along the street. The area being filled is 320 x 80 x 250 feet, about 2015 cubic yards. The parcel will still be lower than the surrounding property. The fill is coming from Columbia Heights from a private person. Councilmember Jacobson stated nonnally such pennits also stipulate haul routes, times for hauling, clean up, traffic, etc. Mr. Carlberg stated Staff can review those items to be sure there will not be a negative impact on traffic, etc. Motion by Knight, Seconded by Orttel, to approve Item I I with the provision that Staff work out those details. (Resolution R224-99 approving a Special Use Permit for land reclamation for Dionicio Borja at 27xx South Coon Creek Drive). Motion carried unanimously. DISCUSS TRAFFIC STUDYI/39TH A VENUE NW & MARIGOLD STREET NW Mr. Erickson reviewed the study and recommendations at this intersection which include installing an additional 30 mph speed limit sign south of I 39th Lane on Marigold Street, install reflectorized florescent orange batten boards on 30 mph signs, coordinate with the Sheriff s Department for additional patrols and the set up of the "speed" trailer periodically, possibly have the adjacent properties petition for sidewalk improvements, and provide additional lane striping along Marigold between Bunker Lake Boulevard and 139th Lane as a traffic calming measure. The intersection does not meet warrants for all-way stop signs. Motion by Orttel, Seconded by Jacobson, to approve the recommendations of Staff in this location. Motion carried unanimously. DISCUSS TRAFFIC STUDYII57TH AVENUE NW & UNIVERSITY AVENUE NW Mr. Erickson explained the intersection does not meet warrants for all-way stop signs. Consideration should be given to evaluating the existing Stop Ahead signs for north and south bound traffic on University Avenue to ensure they are located in the proper location, install a Cross Road sign for the east and west bound traffic on 157th Avenue to indicate the presence of an obscured cross road intersection, paint stop bars at stop locations, and install an overhead street light at the intersection. The City of Ham Lake is interesting in pursuing the overhead street light at this intersection plus the intersection of Constance Boulevard NW at University Avenue --- Regular Andover City Council Meeting Minutes - November 2. 1999 Page 11 (Traffic Study/157th Avenue NW & University Avenue NW, Continued) Motion by Jacobson, Seconded by Knight, to approve the recommendations, including the street lights at both locations. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Knight, set Tuesday, November 9, at 6 o'clock for the EDA meeting as proposed. Motion carried unanimously. NORTH METRO MAYORS' ASSOCIATION/ASSOCIATION OF METROPOLITAN MUNICIPALITIES Mayor McKelvey tended to favor the North Metro Mayors' Association. He didn't think Andover had as much in common with the communities of the AMM as it does with the communities in the NMMA. The meetings of the AMM are held all over the Twin Cities area, which makes it more difficult to attend. He knows what the NMMA has done for the City, but doesn't agree with all the positions of the AMM. Councilmember Knight felt the biggest problem the City will have over the next few years is the pressure for livable communities and pressure from the Metropolitan Council to force higher density housing. Councilmember Orttel agreed the density issue will be a big one, as well as the livable communities. He noted that there are really more than two communities that don't belong to the livable communities, plus there are some that are thinking of pulling out. With the issues of the City, he felt the AMM would better serve the residents because of its relationship with the Metropolitan Council. Councilmember Johnson asked how many cities are members of both organizations. Mr. Fursman stated most of them. Motion by Jacobson, Seconded by Johnson, to join the Association of Metropolitan Municipalities. Motion carried unanimously. APPROVE SPECIAL USE PERMITS/LIQUOR LICENSEiLOT 3, BLOCK I and LOT 2, BLOCK I/ANDOVER STATION/1/6, LLC Motion by Knight, Seconded by Johnson, approval of both items. (Resolution R225-99 approving the Special Use Permit for Liquor License for Lot 3, Block I, Andover Station; and Resolution R226-99 approving the Special Use Permit for Liquor License for Lot 2, Block I, Andover Station). Vote carried on a 4- Yes, I -Present (Jacobson) vote. Regular Andover City Council Meeting Minutes - November 2, 1999 Page 12 UPDATE OF SCHOOL ZONE SPEED STUDY Mr. Erickson stated the Anoka County Public Works Board discussed the speed zone request submitted by the City. The concern is what a speed zone would do to traffic through that area, but they understood the concerns about pedestrian traffic. They want to study and evaluate the situation more before bringing it to the County Board. They did indicate they would place additional signage along there so people are aware of the schools. He suggested the Councilmembers discuss their concerns with the County Board members. MAYOR/COUNCIL INPUT Temporary signals at Bunker Lake Boulevard and Crooked Lake Boulevard - Mr. Erickson stated the City has requested a temporary light be installed at this intersection as a part of the detour for Main Street. The Council strongly felt that intersection needs to be signalized for that detour, which starts in February or March. They asked Staff to contact the county again with that concern. Intersection of Bunker Lake Boulevard and Crosstown Drive - Councilmember Johnson noted with the opening of Bunker Lake Boulevard, people do not yet know how to make the turn onto Crosstown Drive. The Council felt the situation will improve once the signage is up. Trail along Crosstown Boulevard north of Andover Boulevard - Councilmember Johnson noted the Park and Recreation Commission has discussed the trail on Crosstown Boulevard but there is a problem going past the Martinson parcel. She noted someone has already been hit on Crosstown Boulevard and felt something has to be done. Mr. Erickson stated they are exploring several options, including a trail along 148th. They will be working on this through the winter. Signage on Bunker Lake Boulevard - Mayor McKelvey stated he has talked to the Sheriff and Undersheriff about the lack of signs along Bunker Lake Boulevard. He has been assured there will be extra patrols along there, hoping that will solve any speeding problems. Train stations - Mayor McKelvey announced the Cities of Coon Rapids and Anoka have both indicated they would like to have the train station depot placed in their cities when the light rail train system is installed. APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Knight, to approval of Claims. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:48 p.m. R",,"funy,"bm;tt'~ ~ M'j\cella A. Peach, ReCOr~g S ret '\.\:\~ - '\\ "'-. ~ -- - -"- - - -