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HomeMy WebLinkAboutCC September 7, 1999 LAJY 1 ~fld'i 1'1.'1 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, September 7, 1999 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. 2000 Police LiaisonlDAR.E. Program Contract, Continued liaison 2. Discuss Ordinance 109/Snowmobiles/Snowmobile Task Force ordl09 3. SUP/Service Station/3657 Bunker Lake Blvd. NWIPrecision Tune precision 4. Discuss Ord. No.8, Sections 4.05, 4.21 & 6.02/ Accessory Structures & Fences ord8 5. Approve Amendment to Ord. 233 & Ord. No.8, Sections 7.01 & 7.03, Private Dog Kennels ord2330rd8 6. Review and Forward Resident Comments to FERC/Northem Natural Gas Transmission Line ferc 7. Discuss Request to Waive ASUP Requirements/Waste Oil Storage Tank/Kottke Bus Co. kottke 8. Approve Variance/16045 North Enchanted Drive/Dzubay dzubay Staff, Committees, Commissions 9. Update of Trail Extensions/Crosstown Blvd. NW & Bunker Lake Blvd. NW trail Non-Discussion/Consent Items 10. Appoint Fiscal Consultants fiscal II. Release Letter of Credit/94-8/Foxberry Farms locfoxbe 12. Release Letter ofCredit/94-IOJonathan Woods locjonat 13. Approve 2000 Preliminary Levy levy 14. Set Truth in Taxation Hearing Dates truthtax 15. Approve Plans & Specs/99-2/Hawkridge Park Well appr992 16. ~pprove Revised 1999 Park Capital Improvement Budget apprpark 17. Approve Variance/5183 - 159th Avenue NWÆngels engels 18. Approve Purchase ofF-450 Truck Chassis truck 19. Authorize Discontinuation ofBids/99-17/Andover Commercial Park/Martin St. NW bid9917 20. Approve Petition for Sewer Capacity/City of AnokaIRosella Sonstby sonstby 21. Reduce Letter ofCredit/93-17/Crown Pointe/Special Assessment loc9317a 22. Release Letter of Credit/93-17/Crown Pointe/Developer Improvements loc9317 23. Release. Letter ofCredit/97-49/Chesterton Commons 2nd loc9749 24. Release LetterofCredit/94-22/Crown Pointe East loc9422 25. Reduce Letter ofCredit/97-08/Chesterton Commons loc978 26. Reduce Letter ofCredit/97-07/Crown Pointe East 2nd loc977 Mayor/Council Input Payment of Claims Adjournment -- ._--~ -----r--~- ~- --- ._~- VU1 ,-...........\ . {en ¡Gfq REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 7,1999 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPRO V AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " I CONSENT AGENDA Appoint fiscal consultants ................................................ 2 Release Letter ofCreditlIP94-8/Foxberry Farms. . . . . . . . . . . . . . . . . . . . . .. . . . . .. " 2 Release Letter of CreditlIP94-1O/Jonathon Woods ............................. 2 Resolution R 189-99 approving 2000 Preliminary Levy. . . . . . . . . . . . . . . . . . . . . . . . " 2 Set Truth in Taxation hearing dates (Nov 30 with continuation on Dec 7) ........... 2 Resolution RI 90-99 approving plans and specsIIP99-2/Hawkridge park well ........ 2 Resolution R 19 I -99 approving variance/S I 83 I 59th A venuelEngles ............... 2 Approve purchase ofF-450 truck chassis (Superior Ford, $29,272) ................ 2 Authorize discontinuation ofbidslIP99-1 7/Andover Commercial ParkIMartin St ..... 2 Resolution RI 92-99 approving petition for sewer/City of AnokalRosella Sonsteby . . .. 2 Reduce Letter ofCreditlIP93-1 7/Crown Pointe/Special Assessment ............... 2 Reduce Letter of CreditlIP93- I 7/Crown Pointe/Developer improvements ........... 2 Reduce Letter of CreditlIP97 -49/Chesterton Commons 2nd ............. . . . . . . . " 2 Reduce Letter of CreditlIP94-22/Crown Pointe East . . . . . . . . . . . . . . . . . . . . . . . . . . " 2 Reduce Letter of CreditlIP97 -08/Chesterton Commons ......................... 2 Reduce Letter of Credit/IP97 -07/Crown Pointe East 2nd ........................ 2 APPROVAL OF MINUTES .................................................. 2 SHERIFF'S REPORT ....................................................... 3 200 POLICE LIAISON/D.A.R.E. PROGRAM CONTRACT. . . . . . . . . . . . . . . . . . . . . . . " 3 REVIEW AND FORWARD RESIDENT COMMENTS TO FERCINORTHERN NATURAL GAS TRANSMISSION LINE ................................... 3 Motion to forward unapproved minutes of September I to FERC ................. 7 Resolution RI 93-99 acknowledging concerns of the FERC environmental assessment. 8 DISCUSS ORDINANCE 109/SNOWMOBILES/SNOWMOBILE TASK FORCE ....... 9 Motion to authorize public hearing on banning snowmobiles in southern Andover. .. 10 SPECIAL USE PERMIT/SERVICE STATION/3657 BUNKER LAKE BLVD Resolution RI 94-99 approving permit for Precision Tune ...................... 10 REQUEST TO WAIVE AMENDED SPECIAL USE PERMIT REQUIREMENTS/ WASTE OIL STORAGE TANKlKOTTKE BUS COMPANY Motion to deny request (failed) ........................................... 10 Motion to proceed with an1endment to ordinance to handle such changes administratively. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I I V ARIANCE/I 6045 NORTH ENCHANTED DRIVEIDZUBA Y Resolution R195-99 approving variance .................................... I I ORDINANCE NO.8, SECTIONS 4.05, 4.21 AND 6.02/ACCESSORY STRUCTURES AND FENCES Motion to concur with Planning Commission's recommendations. . . . . . . . . . . . . . .. I I AMENDMENT TO ORDINANCE 233 AND 8, SECTIONS 7.01 AND 7.03, PRIVATE DOG KENNELS ...................................................... I I Motion to approve as presented ........................................... 12 ---.--.-----r-~~. --- .~- Regular Andover City Council Meeting Minutes - September 7, 1999 Table of Contents Page ii SELECTION OF FINANCE DIRECTOR... ......... ........................... 12 SCHEDULE BUDGET WORKSHOP/JOINT MEETING WITH RAMSEY CITY COUNCIL Motion to set budget workshop, September 20 ............................... 12 Motion to schedule joint meeting with Ramsey City Council, September 30 ........ 12 UPDATE OF TRAIL EXTENSIONS/CROSSTOWN BLVD AND BUNKER LAKE BLVD Motion to authorize trail on north side of Bunker Lake Boulevard between Crosstown and Thrush .............................................. 13 MAYOR/COUNCIL INPUT Fire Department is applauded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I3 Address the Y2K issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I3 APPROVAL OF CLAIMS .................................................. 13 ADJOURNMENT ......................................................... I3 --~.M--r-----_- -- ~~ CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 7, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, September 7, 1999,7:02 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, Barry Sullivan City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Planner, John Hinzman City Administrator, Richard Fursman Others RESIDENT FORUM Charlie Veiman, 13646 Crooked Lake Boulevard - is happy Bunker Lake Boulevard is now tarred, as there was a lot of dust during the project. He met with Jon Olson, Anoka County engineer, and is passing this information on to the Council. First, he learned that the light at I33rd and Crosstown Boulevard was put in because someone was killed in that vicinity, and politics let the way. A traffic study was done, and the City can request a similar study to be done on the corner of Crooked Lake Boulevard and Bunker Lake Boulevard. The City needs to request that study. He found out the components for a light at the intersection are being installed as a part of the road project. Mr. Veiman stated he also met with the Coon Rapids City manager, who stated Highway 242 will be closed next year from February I to May 30 while the bridge is reconstructed over Highway 10. They will not be going any further east on Hwy 242 because the peat is over 80 feet deep, and it will cost over $6 million to do. AGENDA APPROVAL Add Item la, Sheriffs Report; Item 8a, Schedule Budget Workshop; Item 8b, Selection of Finance Director, and Item 8c, Joint Meeting with Ramsey City Council. Delete Item 16, Approve Revised 1999 Park Capital Improvement Budget. It was also agreed to take Item 6, Review and Forward Resident Comments to FERClNorthern Natural Gas Transmission Line, after Item la. Motion by Jacobson, Seconded by Johnson to approve the Agenda as amended. Motion carried unanimously. -- - ----¡---- -. - .-, -- Regular Andover City Council Meeting Minutes - September 7, 1999 Page 2 CONSENT AGENDA Item 10 Appoint Fiscal Consultants Item I I Release Letter of CreditlIP94-8/Foxberry Farms Item 12 Release Letter ofCreditlIP94-10/Jonathon Woods Item I3 Approve 2000 Preliminary Levy (Resolution R189-99) Item 14 Set Truth in Taxation Hearing Dates (Nov 30 with continuation on Dee 7) Item I 5 Approve Plans and SpecsIIP99-2/Hawkridge Park Well (Resolution RI 90-99) Item 17 Approve Variance/Sl83 I 59th Avenue NW/Engles (Resolution R191-99) Item 18 Approve Purchase ofF-450 Truck Chassis (Superior Ford, $29,272) Item 19 Authorize Discontinuation of BidslIP99- I 7/ Andover Commercial Park/Martin Street NW Item 20 Approve Petition for Sewer Capacity/City of AnokaIRosella Sonsteby (Resolution R192-99) Item 2 I Reduce Letter ofCreditlIP93-1 7/Crown Pointe/Special Assessment Item 22 Reduce Letter of CreditlIP93- I 7/Crown PointelDeveloper Improvements Item 23 Reduce Letter ofCreditlIP97-49/Chesterton Commons 2nd Item 24 Reduce Letter of CreditlIP94-22/Crown Pointe East Item 25 Reduce Letter of CreditlIP97 -08/Chesterton Commons Item 26 Reduce Letter of CreditlIP97 -07/Crown Pointe East 2nd Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES August 12, 1999 Special Meeting: Correct as written. August 17, 1999, Regular Meeting: Correct as written. Motion by Orttel, Seconded by Knight, to approve the August 12 Minutes as written. Motion carried on a 4- Yes, I -Present (Jacobson) vote. Motion by Knight, Seconded by Jacobson, approval of the August 17 Minutes. Motion carried on a 4- Yes, I -Present (Johnson) vote. September 1, 1999 Special Council Meeting regarding comments to FERC on the Northern Natural Gas Transmission Line proposal: The Council noted they just received these Minutes this evening, and the deadline for public comment on September I3 is before the next Council meeting. In discussing whether to approve the Minutes this evening or to forward them to FERC as unapproved Minutes, it was agreed to place them at the end of the discussion on the resident comments to FERC. - - -- .- - Regular Andover City Council Meeting Minutes - September 7, 1999 Page 3 SHERIFF'S REPORT Captain Bruce Andersohn reported the Sheriff s Department responded to 106 I calls in August, for a year-to-date total of 7,055 calls. He had a conversation with those in Washington last week regarding the COPS grant. He still has not received an answer but was told to call back on September 2 I. 2000 POLICE LIAISON/D.A.R.E. PROGRAM CONTRACT Council recalled the item was tabled to research the availability of an increased funding contribution by the school district and to find out what other school districts and cities do. Norm Handy, Principal of Oak View Middle School, stated the district contributes a dollar amount per pupil throughout the district. The middle school gets funding for three grade levels and the elementary school is considered for the D.A.R.E program for the 5th grade. Mr. Fursman explained the contribution toward the police liaison is $ I 8,370. The D.A.R.E. concentrates primarily on the grade schools for awareness education. The liaison officer is intended to be more for crime prevention. The school districts of St. Francis, Elk River and Mounds View all pay 100 percent of the D.A.R.E. and liaison programming. Captain Andersohn supports the liaison program. It is important to remember that for three months each year, that officer is in an additional car on the streets in Andover. Also, the long-tenn effect of a liaison officer is that it may save calls and services during the school years by being pro-active with the students and controlling behavior in the schools. Mr. Handy stated they are finding it has been a great community resource and benefit, as often problems in the schools are originated out in the community. It is also helpful to have the liaison officer in the elementary school as well, as students coming into the middle school already know the officer. It is very positive for the middle school. The Council agreed to table the item to the next budget meeting. REVIEW AND FORWARD RESIDENT COMMENTS TO FERClNORTHERN NATURAL GAS TRANSMISSION LINE Mr. Fursman explained while no one wants a new expanded gas service line through the City either through the proposed route or the alternate route, it seems likely that Andover will get it. FERC has now focused on the northern alternate route, causing confusion and anger of the property owners along both gas routes. In the final analysis, the City Council will carry no authority as to if, when or where the pipeline is ultimately placed. There is a misconception that the City favors the alternate route. The Council has never recommended one route over another. The people living along the alternate route have not been a part of the process all along. In retrospect, if Staff had been aware, - -~-- - ---- --4__~___--r-----"---- -~- Regular Andover City Council Meeting Minutes - September 7, 1999 Page 4 (Review and Forward Resident Comments to FERCINorthern Natural Gas, Continued) those residents would have been notified. As it was, the efforts were placed along the proposed route for which Northern Natural Gas had made a Special Use Permit application. Once the City was aware that the alternate route was the environmentally preferred one, the residents were informed. The FERC officials had no intention of coming out again, but did so at the insistence of Mr. Carlberg and Mr. Hinzman. Mr. Hinzman also worked this weekend dropping off notices by hand so residents could be made aware of this meeting. Mr. Fursman proposed the Council has three options. One, forward to FERC an intervenor letter on behalf of the residents along the route. Or recommend one route or the other, or do nothing on the recommendation until necessary to allow the Council to obtain more information and to give individuals along the alternate route a chance to participate in the process. The Special Use Permit could be denied, but it appears that action would be meaningless. Staff recommends doing everything possible to intervene for residents along the alternate route in the same manner as was done in the proposed route. If the pipeline is ultimately placed in the City of Andover, Staff recommends, after reviewing the environmental assessment and data, that there should be only one gas easement, that the second line should go in the existing easement. Staff is also recommending to try to pressure the gas utilities against expanding in Andover. Mr. Hinzman explained the City and residents have until September I3 to submit comments in writing. The Council can make a recommendation to extend that deadline for a certain number of days, but that may not be approved. He suggested comments gathered to date should be submitted by that deadline as well, just in case the deadline is not extended. He called FERC this morning to find out if the residents along the alternate route would be given the same time period to respond if that route is chosen. The process at that point was very unclear. Mr. Hinzman stated he did fax the comments to Washington today, though they have not yet been approved by the Council. The Council then heard testimony from residents along both the proposed and alternate routes. Russ Mitchell, 2032 157th Lane - stated he recommended to the Council in March that they write a letter of intervention on this project to be allowed to participate in the process. They had not been informed of that process. Tours were taken on the routes on June I. There were a number of questions. It was always their understanding that the alternate route was to make a comparison, as FERC's responsibility was to make sure the best routes were considered. The alternate route was proposed in the environmental assessment simply to enlighten the Commission regarding the diligence of the transmission line company in planning the route. It was never intended to be the certificated route. Mr. Mitchell stated the attorney for FERC, Mr. Minnis, said it is not FERC's business to plan a route. That is the company's business. FERC's business is to make sure the planned route is a good one. They will not tell Northern Natural Gas to go somewhere else. There is also concern that the rights of Northern Natural Gas will be abridged if the proposed route is not approved. The fact is they still have the easements to maintain and transmit gas regardless of what route is certificated. The Task Force was asked to contact people along the proposed route to correct information. He stated regardless of the FERC staff recommendation, the FERC Commission is Regular Andover City Council Meeting Minutes - September 7, 1999 Page 5 (Review and Forward Resident Comments to FERC/Northern Natural Gas, Continued) constrained to follow juris prudence and their operating principles. They have set precedence and changing it could create a significant liability. Larry Whitman, 3736 171 st Circle NW -lives along the proposed alternate route. He along with 200 others attended a meeting here on September I. They found out about that route around August 16 when they were sent the environmental assessment by the federal government with no cover letter. He read several quotes from public documents which referenced an alternate route as early as March 9, feeling there was a very serious lack of communication with their neighborhood. They didn't even know there was a task force, and he asked how a task force could be empowered by the City to help develop an alternate route that impacts over 200 residents when they were never brought into the process. That is a serious issue that goes beyond the issue of whether or not another pipeline is needed in the City. He asked for a full disclosure of who was on the task force, what was their authority and who did they report to. He also wanted to know the City's position on the route and whether the Council, City Staff or any of their relatives or business associates owns land along the existing route or alternate route. Everyone responded no, except Mayor McKelvey who owns land along the proposed route. Mayor McKelvey explained the gas line does not go through his lot whatsoever; but in purchasing the land, there is 18 acres that is community owned by eleven people. The pipeline would go through that property on the proposed route, and he owns 2/1 I of the land. It makes no difference to him where the line goes. His greatest concern is with the safety factors. Winslow Holasek, 1159 Andover Boulevard - was on the pipeline task force, noting some of the other people who attended the meetings as well. They met to comment on the proposed route. Nothing was said about the alternate route; and had they known about the alternate route, they would have solicited comment for the environment assessment from those in that area. That route was proposed by FERC. He felt an alternate route should have been proposed by the company. They are supposed to determine the best place for that line and come to the City. It was disturbing to him that, in his opinion, the criteria was not met by Northern Natural Gas in making the proposal. He didn't think they had proven that there is a need, nor did he think they have explored alternate sources. That doesn't mean another gas line in the area but looking at alternate sources such as electricity to heat homes rather than piping gas for many miles. Maybe a pipeline isn't really needed in Andover at all and can be installed further north instead. If alternate sources cannot be established, then they need to explore all alternate routes. As far as he knows, Northern has not done that. The only alternate route is the one proposed by FERC, and that was because the EP A said the proposed route affects too many residents. Mr. Holasek also pointed out the use of old maps underestimated the number of homes affected. The assessment indicates a total of I I lots in Segment I. There really are a total of 54 lots, most of them 80 feet wide, so that would be the highest density along the pipeline. He again stated he did not believe the pipeline belongs in Andover and places outside of the City or alternate sources should be explored. --, - ~ - --- Regular Andover City Council Meeting Minutes - September 7. 1999 Page 6 (Review and Forward Resident Comments to FERC/Northern Natural Gas. Continued) Kristie Singleton, 3836 I 71st Circle - is opposed to the alternate route. In the original document she received on August 16, an alternate route seems to have been proposed by Northern Natural Gas, so she is unclear why people don't think they submitted alternate routes for this pipeline. She also referenced a document submitted by Northern Natural Gas dated February I showing housing counts along this route as well. How can the City Council and Planning Commission be approving permits based on two-year-old maps? It states 63 residents are affected along the proposed route. There are 150 homes affected on the FERC alternate route. She understood Minnegasco and NSP contacted Northern Natural Gas two years ago regarding the need for additional supply of gas. With Andover approving over 300 housing permits each of the last three to four years, she can't believe the Council would not want natural gas to supply them. The Mayor has said he doesn't want the line to come through anywhere in Andover, which could then restrict the expansion of businesses and development in the City. Mayor McKelvey stated the line through Andover will generally carry gas to Elk River and beyond. Ms. Singleton felt she and her neighbors are being penalized. They moved to larger lots. Even her neighborhood has not yet been fully developer. There is a definite need. How does the Council propose to service the new people if energy is not allowed to be brought into the community? She was also alarmed that someone was standing at the end of her driveway video taping her home. She doesn't know who it was, but it is very unnerving. Her young daughter was home at the time. She called the police, stating it is totally unacceptable the way all of this was handled. Nobody in their neighborhood was notified about the task force. She is hearing differing stories and is concerned she can't trust the City officials to represent all of the residents. Dennis Werkmeister, Northern Natural Gas manager of right of way - responded to questions from the Council and residents. There are a total of 92 tracks of land in Andover along the proposed route, and they have agreements with 65 of them, or about 71 percent. They had about 45 percent signed when the process first started in Andover. They already have the permanent easement for the pipeline. The agreements are for temporary work space to construct the pipeline. He did not believe they have agreements with the govemment parcels. They also like to have the land owners sign a multiple line right receipt. Theoretically they can add several lines, but practically they would not. Sharon Zagaros, 903 I 178th A venue, Ramsey - understood property owners along the existing pipeline are being paid. Where those payments already made; and if so, will that money be wasted if the alternate route is chosen? Mr. Werkmeister stated the land owners were paid when the easements were originally acquired. $ I 0 for each lineal rod of pipeline is the rate paid for the multiple line right or a minimum payment of $ I 00. In addition, they contracted an appraiser to determine property values. Property owners are paid for the temporary work space according to the market analysis of the property. In response to a question on the company's decision if the alternate route is certificated by FERC, Mr. Werkmeister stated they have no permanent easement along the alternate route once they leave Regular Andover City Council Meeting Minutes - September 7. 1999 Page 7 (Review and Forward Resident Comments to FERCINorthern Natural Gas, Continued) the existing right of way until it ties back into the existing easement near Elk River. Because there are regulatory issues within the company, he did not know what will be done. The alternate is quite a deviation from the existing route, would cost more, and impacts residents they did not intend to impact. If the company does not agree with FERC, he assumed it would then become an issue for the courts. Also, when NSP submitted comments to FERC, they stated their preference for not having the gas line in their easement because of safety issues regarding co-mingling of utilities. If FERC ruled to put the line along the NSP easement, NSP would work with Northern Natural Gas to mitigate those safety issues. The original time line for the pipeline construction was five months. They did submit a request for an expedited certificate on the last six miles of this project to maintain continuity of service. That is where the existing easement and proposed alternate route meet. Mr. Werkmeister also explained when NSP looked at their system to determine how it could best be served, they looked at alternate pipelines. They came to Northern Natural Gas, who in turn looked at their system and built to meet the demand. His understanding of the process is the alternate sources are reviewed by the utility companies, who modeled the need and came up with this project to lay a 16-inch pipeline from points A to B. Councilmember Orttel stated he would like to see the alternative issue developed, but it cannot be done within the time period left for comments. Mr. Hendrickson, Minnegasco Company - stated the existing 8-inch line is not adequate. Andover is affected. Their system has many take-off points to bring gas into this area. The system balances and Andover is in it. He couldn't say the residents would not have gas without this project, but there could be a problem on the real cold nights. The 16-inch line is absolutely critical to balance that line. The Public Utilities Commission oversees them to be sure they are efficient. He asked the City to support an expedited decision by FERC. They did look at alternatives. The gas through the 20-inch line that feeds into the Coon Rapids gateway goes to many different places already. They cannot tap that line. They have to use the rate payers money expeditiously, so an alternate 20 miles north cannot be used. It has to be a line closer to the need. Councilmember Orttel noted the irony that a pipeline from Canada goes through Andover to service points south and now a pipeline from Texas is going through the City to service cities to the north and west. Motion by Jacobson, Seconded by Orttel, that the Meeting Minutes of the Special City Council of September I be approved by the City Council. DISCUSSION: Jerry Hemingson asked for a correction in the spelling of his name on Page 11. Sharon Zagaros, 903 I I 78th A venue, Ramsey, asked that her address be corrected on Page 7. Winslow Holasek asked that the reference to an 8-inch line on Page 14 be changed to a 20-inch line. Also, on Page 5, last line, change to "The alternate route was proposed by FERC and may be just as dense... " Larry Whitman, 3736 171st Circle, asked to correct the Minutes on Page 10, "... they are responding within an area of75 feet from the middle of the power pole..." " - ~ ..- - ---- - .. - Regular Andover City Council Meeting Minutes - September 7, 1999 Page 8 (Review and Forward Resident Comments to FERC/Norlhern Natural Gas, Continued) Motion changed by Councilmember Jacobson to accept the changes suggested and send the draft unapproved Council Meeting Minutes of September I to FERC. Second Stands. Motion carried unanimously. Motion by Jacobson, Seconded by Orttel, the Resolution as presented acknowledging concerns pertaining to the Environmental Assessment conducted by FERC with the following changes: The Third WHEREAS, change to "WHEREAS, many residents along the...". The last line of the NOW, THEREFORE, BE IT RESOLVED, change to, "...hereby submits the following unapproved Council Minutes and concerns..." Point 2), change to "Existence of many homes within 50 feet of the FERC Alternate Route than cited by FERC staff." Point 3), change to "The affect on existing septic systems and wells." Point 8), change to "The addition of a second natural gas line would create a new corridor to monitor," Point I I), change to "Residents and City Council have concerns over not being able to participate as official protestor or interveners and request a time extension for comments and for intervenor status. " (Resolution RI93-99) DISCUSSION: Several residents expressed concern about a time extension, fearing it would push the issue beyond this season and possibly ensure that the FERC Commission would choose the alternate route as suggested by their Staff. Councilmember Jacobson stated the reason for the request for a time extension is to allow more time to consider alternate routes and to study and comment on the alternate route in greater detail if necessary. Without it, they would lose any chance to comment further. At this point, those residents present agreed to the request for a time extension. Motion carried unanimously. The residents asked if the Council is going to act on the Special Use request for Northern Natural Gas this evening. The Council stated that item is tabled until FERC has made its decision. The residents asked that the Council take a position on a route for the pipeline. The Council explained they do not officially support one location over the other, though the individual Councilmembers may have an opinion. The Council has asked for intervener status to allow for comments and to look at alternate routes, not a specific route. It does not have enough information to make a detennination at this point. They also explained that the residents along the FERC alternate route were not part of the original task force or involved in the process early on because the Council was not aware of that route. By asking for an extension now, those along the FERC alternate route may have the same options to research and comment as did those along the proposed route. Staff was asked to forward the Resolution and draft Minutes of the September I meeting to FERC as soon as possible. .. - ~ - - - -- ------ - Regular Andover City Council Meeting Minutes - September 7, 1999 Page 9 DISCUSS ORDINANCE 1091SNOWMOBILESISNOWMOBILE TASK FORCE Todd Haas, Assistant City Engineer, reviewed the recommendations of the Snowmobile Task Force as outlined in the Agenda material. Those recommendations included further public education regarding speed limits and where snowmobiles can be ridden in the City, additional signage along various streets, updating the brochures on snowmobiling for new residents, snowplowing more of the trails to keep snowmobiles off them, include articles in the newsletter during the winter months, send letters to Andover residents who have snowmobiles to remind them of the rules and regulations, and to work with the Anoka County Highway Department and Snow-Dragons on the possibility of a bi-directional trail for snowmobiles along Hanson Boulevard. In discussing the studded track issue, state law does allow them, but the City ordinance does not allow them on any designated trails. Doug Brown, 401 I 66th Avenue, President of the Andover Sno-Dragons Snowmobile Club, stated if snowmobiling is banned in the southern portion of the City, people from that area have no way to exit the City. They talked had about getting a trail out of the City either up Hanson Boulevard or to the west, but nothing ever happened. They are all volunteers and are frustrated. Councilmember Orttel was frustrated with the recommendations of the Task Force. He hoped they would have come up with better solutions to this very serious problem instead of restating the same proposals as previous years. There are too many problems caused by snowmobilers in the highly dense urban area. He even questioned if the City has the right to outlaw studs. Councilmember Jacobson agreed the southern portion of the City many be too urbanized to allow snowmobiles. People are putting up orange snow fences and other unsightly barricades to prevent snowmobiles on their property. Snowmobiles tear up the driveways as they ride across them. It was his opinion that people who don't ride snowmobiles and are objecting need some relief. He felt banning snowmobiles in the vicinity south of 161st is a good idea but felt a public meeting should be held on the issue. Councilmember Johnson was not comfortable with what the Task Force had done. They simply went over what had been discussed in previous years, and the people were not listened to. She didn't know if they spent a lot of time looking at alternatives. Ron Shennan, 14560 Drake - explained snowmobilers can ride in the street if there is no boulevard, though not with studded tracks. He was at the meeting but not on the Task Force. One thing they were going to enforce this year is the no tolerance rule and have the offenders tagged and their sleds towed. Last year just as many calls were received north of 16 I st as south of it regarding snowmobiles. Most of the snowmobilers are trying to get out of town to the trails. Only a few ride around causing problems. He asked why a trail couldn't go up Hanson Boulevard to get out of town. Anoka County has allowed riding on one side of the road in other cities. Also, the DNR supports such trails. He'd like to have a trail up Hanson Boulevard to alleviate some of the problems getting people out of town. Councilmember Knight noted some of the reoccurring problems caused by snowmobilers. It is difficult to control in the urban area. Captain Bruce Andersohn stated a ban in the urban area would make the issue black and white. It is easier to stop snowmobilers and would possibly make it easier to control those people coming in ·-r --~- .~- Regular Andover City Council Meeting Minutes - September 7, 1999 Page 10 (Discuss Ordinance 109/Snowmobiles/Snowmobile Task Force, Continued) from Coon Rapids. At least it becomes a clear demarcation. Council discussion was on having a public hearing on the matter as quickly as possible. Mr. Carlberg stated the Planning Commission could hold a public hearing on September 28 with the item brought to the Council in October. Motion by Jacobson, Seconded by Orttel, to authorize a public hearing for people to comment on whether the Council should ban snowmobiling in the southern part of the City except on their own property; send it to the Planning and Zoning Commission. Motion carried unanimously. SPECIAL USE PERMIT/SERVICE STATION/3657 BUNKER LAKE BOULEVARD NW/PRECISION TUNE Mr. Carlberg reviewed the request of Precision Tune to construct and operate an automobile service station on property owned by Local Oil Company of Anoka at 3657 Bunker Lake Boulevard. The property is zoned SC, Shopping Center. The Planning and Zoning Commission is recommending approval but directed Staff to examine the construction of speed bumps along the frontage road between that property and the SuperAmerica as a part of the commercial site plan approval. Dan Dagge, for Precision Tune - explained the residents to the north were concerned with the speed of traffic currently coming out of there from SuperAmerica and the amount of cars. They will moving the driveway lane away from the main road and provide parking off that so cars can't go through there as fast. The maximum number of cars through Precision Tune is about five per hour, which is not much compared to traffic at the convenience store. They would not like to have speed bumps through there, as they cause other problems. Councilmember Orttel agreed. Mr. Dagge stated their company policy is that vehicles that stay over night must be inside. They are not a general repair garage but a tune-up facility. It is very rare to have a car there over night. The lighting will meet the City standards for foot candles over the property line. They will screen on the north and west sides adjacent to the residential properties. They have decided to shift the building to the east as far as possible and stay away from the residential areas. There will be a common driveway but some separation and easement for cross traffic. The purchase agreement requires that they do not block anyone's traffic. Motion by Orttel, Seconded by Jacobson, the Resolution. (Resolution R194-99 approving the Special Use Permit) Motion carried unanimously. DISCUSS REQUEST TO WAIVE AMENDED SPECIAL USE PERMIT REQUIREMENTS/WASTE OIL STORAGE TANK/KOTTKE BUS COMPANY Motion by Jacobson, Seconded by Ortte!, to deny the request and have the applicant go through the regular process for an Amended Special Use Permit. DISCUSSION: Councilmember Jacobson Regular Andover City Council Meeting Minutes - September 7, 1999 Page 11 (Discuss Request to Waive Amended Special Use Permit Requirements/Waste Oil Storage Tank/Kottke Bus Company, Continued) noted there is nothing in the ordinance that allows the Council to waive that requirement. He felt there is an advantage of the process by gaining a better understanding of what is taking place, the concerns, etc. Councilmember Orttel argued typically the proposal is not to change the use. In this case, they are only adding a tank. He suggested a revision of the ordinance be allowed to do this administratively when there is no change to the use. Councilmember Knight agreed having to go through the process when there is no change in use is a waste of time. VOTE ON MOTION: YES-Jacobson; NO-McKelvey, Johnson, Knight, Orttel. Motion failed. Motion by Orttel, Seconded by Knight, that the Council authorize City Staff to prepare a provision for Ordinance 8 that would allow minor changes in the storage of petroleum chemicals that are no use type of changes to be handled administratively with all the checks required under the public hearing process to be completed by Staff; allow the Kottke Bus Company to go through under that process. Motion carried unanimously. APPROVE V ARIANCE/16045 NORTH ENCHANTED DRlVE/DZUBA Y Motion by Jacobson, Seconded by Orttel, the Resolution from the Planning and Zoning Commission. (Resolution RI 95-99) Motion carried unanimously. DISCUSS ORDINANCE NO.8, SECTIONS 4.05,4.21 AND 6.02/ACCESSORY STRUCTURES AND FENCES Mr. Carlberg reviewed the recommendations of the Planning Commission regarding the setbacks for structures and fencing on comer lots. The Commission recommended no change to the ordinance. It was recommended that the Zoning Ordinance be amended to require the fencing height on corner lots be reduced to four feet in the side yard setback from the street. This language will be placed in the revised Zoning Ordinance. Existing fences will be grand parented in. Motion by Jacobson, Seconded by OrtteI, that the Council concur with the Planning Commission's recommendation. Motion carried unanimously. APPROVE AMENDMENT TO ORDINANCE 233 AND ORDINANCE NO.8, SECTIONS 7.01 AND 7.03, PRIVATE DOG KENNELS Mr. Carlberg explained the Planning Commission has recommended approval to require a minimum acreage requirement of 2.5 acres in residential districts for commercial or private dog kennel licenses. Commercial and private dog kennel licenses cannot be granted until a Special Use Permit . ---- - ---_.- ~ Regular Andover City Council Meeting Minutes - September 7. 1999 Page 12 (Amendment to Ordinances 233 and 8. Sections 71.01 and 7.03. Private Dog Kennels. Continued) is approved by the City Council, and the maximum number of dogs per license will be determined by the Council. The request for a private kennel license for 20 dogs that precipitated this discussion is no longer an issue, as that person is no longer considering the purchase of that property in Andover. Councilmember Orttel worried about not placing a maximum number of dogs per license. What criteria would be used to determine whether 10 or 15 dogs can be allowed? Not all dogs are the same. Several other Councilmembers also preferred to maintain a maximum number for private dog kennel licenses. Mr. Carlberg suggested the number of dogs be considered on a case by case basis. Motion by Orttel, Seconded by Knight, to pass the amendment as written. Motion carried on a 4- Yes, I-No (Jacobson because he didn't think it is reasonable to allow more than six dogs for a private kennel) vote. SELECTION OF FINANCE DIRECTOR Mr. Fursman suggested the Personnel Committee and Staff go through the applications and narrow them down to three or four applicants for the Council to interview. The Council agreed. SCHEDULE BUDGET WORKSHOP / SCHEDULE JOINT MEETING WITH RAMSEY CITY COUNCIL Motion by Knight, Seconded by Orttel, to hold a budget meeting with the Finance Director on Monday, September 20. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to schedule ajoint meeting with the Ramsey City Council for September 30, 7 p.m., at the Andover City Hall. Motion carried unanimously. The Council asked that the Planning and Zoning Commission also be invited since the topic of discussion is to be the Comprehensive Plan. UPDATE OF TRAIL EXTENSIONS/CROSSTOWN BOULEVARD NW AND BUNKER LAKE BOULEVARD NW Mr. Erickson explained in bringing the trail up Crosstown Boulevard to Sunshine Park, the Martinsons at 14905 Crosstown Boulevard NW are not interested in having a trail in front of their home. They prefer the City route the trail users to 148th Avenue NW to Sunshine Park. Councilmember Jacobson wondered if the trail can continue north of I 48th until the house, then cut to the back, or use the street. Mr. Erickson stated they will look at it further and come back with a recommendation. Mayor McKelvey stated one side of I 48th would have to be striped for the trail. .. - - - -- . --- - ------ -~--~ ----- Regular Andover City Council Meeting Minutes - September 7, 1999 Page 13 (Update a/Trail Extensions/Crosstown Blvd and Bunker Lake Blvd, Continued) Mr. Erickson reviewed the request to construct a trail along the north side of Bunker Lake Boulevard between Crosstown Boulevard and Thrush Street. That construction would be included as a change order to the contract for IP98- I 7. Staff will come back with the appropriate funding source. Motion by Orttel, Seconded by Johnson, that the Council authorize the incorporation of a trail on the north side of Bunker Lake Boulevard between Crosstown and Thrush Street to be done with the project in process. Motion carried unanimously. M4YOR/COUNCIL INPUT Fire Department is applauded - Councilmember Knight stated a resident in his neighborhood had a fire and was very pleased with the Fire Department and the professional manner in which they were treated. Address the Y2K issue - Councilmember Knight suggested a article be written in the newsletter regarding the Y2K issue and what the City is doing about it. Councilmember Jacobson stated an article will be included in the newsletter toward the end of the year. APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Knight, to approval of Claims. Motion carried unanimously. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at I I: I 4 p.m. Respectfully submitted, , \n~l \ \1 \ CL"-fLJ!((\ G. Marcella A. Peach Recording Secretary . --- - -