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HomeMy WebLinkAboutCC November 1, 2005 Sl\NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, November 1, 200S Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum 1. Presentation/Grant Award-Center Point Energy Agenda Approval 2. Approval of Minutes (1O/17/0S Special; 10/18/0S Regular; 1O/2S/0S Workshop) Consent Items 3. Approve Payment of Claims - Finance 4. Waive Public Hearing/Adopt Assessment Roll104-33/Crosstown Boulevard NW & IS9th Avenue NW/Intersection Improvements - Engineering S. Approve No Parking ResolutionlOS-SS/Shadowbrook 3'd & Shadowbrook Sth Additions - Engineering 6. Approve Easement/OS-SS/Shadowbrook 3'd & Shadowbrook Sth Additions - Engineering 7. Approve Fencing & Retaining Wall Permit Applications - Engineering 8. Approve Concrete Curb & Gutter Policy - Engineering 9. Waive Public Hearing/Adopt Assessment Roll/OS-47/66S - 140th Lane NW/SS & WM, Cont. - Engineering 10. Waive Public Hearing/Adopt Assessment Roll/OS-48/709 - 140th Lane NW/SS & WM, Cont.- Engineering II. Accept Resignation/Planning Commission Member - Planning 12. Call General Obligation Tax Increment Bonds of2000A-Finance 13. Accept ContributionlCenterPoint Energy/Automatic Defibrillators - Finance Discussion Items 14. Hold Public Hearing/Adopt Assessment Roll/OS-2/200S Overlays - Engineering IS. Hold Public Hearing/200S Delinquent Utilities - Finance 16. Consider Side Yard Setback Variance/lS11 138th Lane NW - Planning Staff Items 17. Schedule EDA Meeting - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment , I / ~~ \J.J~fun I d. -6 -oS 'J Regular Andover City Council Meeting Minutes - November 1, 2005 Page 13 ; REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -NOVEMBER 1, 2005 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 PRESENTATION/GRANT A W ARD-CENTERPOINT ENERGy......................................... 1 AGENDA APPROV AL............................................................................................................. 2 APPROVAL OF MINUTES...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Resolution R193-0S waiving Public Hearing/Adopt Assessment RoIIl04-33/Crosstown Boulevard NW & IS9th Avenue NW /Intersection Improvements .................................. 2 Resolution R194-0S approving No Parking ResolutionlOS-SS/Shadowbrook Sth Additions 2 Approve EasementlOS-SS/Shadowbrook 3rd & Shadowbrook Sth Additions....................... 2 Approve Concrete Curb & Gutter Policy............................................................................. 2 Resolution RI9S-0S waiving Public Hearing/Adopt Assessment RoIIlOS-47/66S-140th Lane NW /SS & WM, Cont. ............................................................................................ 2 Resolution R196-0S waiving Public Hearing/Adopt Assessment RoIIlOS-481709-140th Lane NW /SS & WM, Cont. ............................................................................................ 2 Accept Resignation/Planning Commissioner Member ........................................................ 2 Resolution R197-0S calling General Obligation Tax Increment Bonds of2000A.............. 2 Resolution R198-04 accepting ContributionlCenterPoint Energy/Automatic Defibrillators ...... ............................. ................................................................................ 2 APPROVE FENCING & RETAINING WALL PERMIT APPLICATION Motion to Approve........ ........................ ...... .......................................................................... 3 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLUOS-2/200S OVERLAYS Motion to Open Public Hearing ............................................................................................4 Motion to Close Public Hearing ........................................................................................... 4 Motion to Approve (RES RI99-05)...................................................................................... 4 HOLD PUBLIC HEARING/200S DELINQUENT UTILITIES Motion to Open Public Hearing............................................................................................4 Motion to Close Public Hearing ........................................................................................... 6 Motion to Approve (RES R200-0S)......................................................................................6 CONSIDER SIDE YARD SETBACK VARlANCE/1Sl11381HLANENW Motion to approve (RES 201-0S) ......................................................................................... 6 SCHEDULE EDA MEETING ................................................................................................... 10 ADMINISTRATORS REPORT ................................................................................................11 MAYOR/COUNCIL INPUT Street Upkeep and Maintenance ........................................................................................... 11 Open Space Planning ............................................................................................................ 11 Tree Purchasing Program.............................................. .......... ................. ............................. 12 ADJOURNMENT ...................................................................................................................... 12 Sl\NDbVE~ REGULAR ANDOVER CITY COUNCIL MEETING -NOVEMBER 1, 2005 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 1, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight., Ken Orttel, Julie Trude None City Attorney, William Hawkins Fire Chief: Dan Winkel City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the City Council. PRESENTATION/GRANT AWARD - CENTER POINT ENERGY Fire Chief Winkel stated in March of2005 city stafIwas informed that CenterPoint Energy was soliciting grant applications for their Community Partnership Grant program. Staff did complete the grant application with a request for three new automatic defibrillators, one to be used at the Community Center and the second and third for use by the Fire Department. Staffwas informed that the City had submitted a successful grant application for $3,000 to help purchase three defibrillators. The grant is a 50% matching grant where the City will contribute the additional $3,000 to purchase all three of the defibrillators. The city's share of the costs will be split between the Fire Department operating budget and the Community Center operating budget. J Fire Chief Winkel introduced Mr. Arnie Hendrickson from CenterPoint Energy, who presented the check for $3,000 to the City. " Regular Andover City Council Meeting Minutes - November 1, 2005 Page 2 AGENDA APPROVAL Remove from Consent Items for discussion Items 7, (Approve Fencing and Retaining Wall Permit Applications). Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES Counciimember Trude included Mr. Devon Walters to the names on the bus tour. October 17, 2005, Special Meeting: Correct as amended. October 18, 2005, Regular Meeting: Correct as written. October 25, 2005, Workshop Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 3 Item 4 Item S Item 6 Item 8 Item 9 Item 10 Item 11 Item 12 Item 13 Approval of Claims Waive Public Hearing/Adopt Assessment RoIIl04-33/Crosstown Boulevard NW & IS9th Avenue NW/Intersection Improvements (See Resolution RI93-0S) Approve No Parking ResolutionlOS-SS/Shadowbrook 3rd & Shadowbrook Sth Additions (See Resolution RI94-0S) Approve EasementlOS-S5/Shadowbrook 3rd & Shadowbrook Sth Additions Approve Concrete Curb & Gutter Policy Waive Public Hearing/Adopt Assessment RolllOS-47/66S-140th Lane NW /SS & WM, Cont. (See Resolution RI9S-0S) Waive Public Hearing/Adopt Assessment Ro11lOS-48/709 - 140th Lane NW/SS & WM, Cont. (See Resolution RI96-0S) Accept ResignationIPlanning Commission Member Call General Obligation Tax Increment Bonds of2000A (See Resolution RI97-0S) Accept ContributionlCenterPoint Energy/Automatic Defibrillators (See Resolution RI98-0S) Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE FENCING & RETAINING WALL PERMIT APPLICATION Regular Andover City Council Meeting Minutes - November 1, 2005 Page 3 Mr. Berkowitz stated the City Council is requested to approve the fence and retaining wall permit. He made a few minor changes to the retaining wall permit for Council approval. Underline the second sentence under the sketch section. Add "Tall" after four feet in the third sentence so it is clear in the application what the intent is. Motion by Jacobson, Seconded by Knight, to approve the fence and retaining wall permit applications with the stated changes. Councilmember Orttel stated they put the caveat in the one that says "Fences and the drainage utility easements are subject to removal", but he did not think this was in the retaining wall one. He wondered if it was necessary to include it in both. Councilmember Trude thought that was a good idea Mr. Berkowitz stated they could add this to the retaining wall application. Councilmember Trude stated there was another suggestion that since they were not requiring a survey, people are providing them sketches, and they are not endorsing the location of the fence, they are just making sure they are in compliance with the fencing ordinance. Mr. Berkowitz stated the intent was that would be implied. They did remove the language that the location of the stakes is not required as part of the permit Councilrnember Trude wondered if they want to include a statement in regard to this so the Council is not held to blame because they are just making sure the residents are following the ordinances. Councilmember Orttel wondered if they should add "The accuracy of the surveyor sketch is the responsibility of the property owner." Councilmember Trude thought the more things they add, the better. Motion passed unanimously. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLV05-2/2005 OVERLAYS City Engineer Berkowitz explained the City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project OS-2, 200S Overlays in the area of a portion of Valley View Estates and the north half of Valley View Estates 2nd Addition. The street construction is funded from the Road & Bridge Fund and the concrete curb and gutter construction plus indirect cost is being assessed to the benefiting properties. Mr. Berkowitz discussed the staff report with the Council. / Councilmember Knight wondered if the sod issue was ever resolved along the seven or eight homes they had problems with. Mr. Berkowitz stated they had restoration issues with the heavy rain they had during the year. They had some areas that they had to go back and they did end up adding sod to the project and as far as he understood, those issues have been resolved. Regular Andover City Council Meeting Minutes - November 1, 2005 Page 4 Motion by Jacobson, Seconded by Trude, to open the public hearing at 7:1S p.m. Motion carried unanimously. No one wished to address the City Council. Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:16 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Orttel, to approve the resolution adopting the assessment roll for Project OS-2, in the area of a portion of Valley View Estates and the north half of Valley View Estates 2nd Addition. Motion carried unanimously. (RES. RI99-0S) HOLD PUBLIC HEARING/2005 DELINQUENT UTILITIES City Administrator Dickinson explained City Code Chapter 3, 10-3-3 D; City Code Chapter 1, 10-1- 9F; and City Code Chapter S, 8-S-3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges and mowing fees. The assessment procedure directed by State Statute 429 is being followed by holding a public hearing to act upon the proposed assessment. Mr. Dickinson discussed the information with the Council. Councilmember Trude noticed one address has a negative amount which would be a refund and she wondered if this was an inadvertent listing. Mr. Dickinson stated it had been outstanding and items like that will get pulled offbefore certification. Motion by Jacobson, Seconded by Trude, to open the public hearing at 7: 17 p.m. Motion carried unanimously. Mr. Frank Hewey, 1403S Partridge Street NW, stated he just moved into Andover on June 10, 200S and received a bill for utilities that were incurred in 200S by a renter of the person who he purchased the home from and he did not think it was fair he would need to pay a utility charge of someone else. Mr. Hewey stated he did all of the research that he could and his title company told him they checked for liens on the home and there were none so he would not have known about it and his realtor was not aware that they needed to come to City Hall to check to see if there were utilities due to the City prior to his purchase. . Mr. Hewey stated he wanted to come before the City Council to express his concern and file his appeal for this. The Council discussed with staff and Mr. Hewey why a utility bill would be billed to the property Regular Andover City Council Meeting Minutes - November 1, 2005 Page S and not the resident. Councilmember Knight thought they should direct staff to try to find a solution to this because he thought there was a definite hole that needed to be fIxed. Mr. and Mrs. Pam and Roger Asplund, 14169 Cottonwood Street NW, explained they moved into their home December 14, 2004 and they also received a bill not paid by the previous homeowner and they did not know how they would have known this was something they needed to check into. They thought $244.00 was substantial for a water bill. Mrs. Asplund stated she called City Hall and talked to Deanna and was told to contact Connexus Energy which they did and were told that they could not be given any information because the bill was not theirs but they were expected to pay it. She noted the previous homeowners did not leave their forwarding address with the utility company or the City. She did give all concerned parties the previous owner's forwarding address in order to collect the payment. She did not understand why they need to pay for a bill they could not even see. All Connexus Energy would do was release an aging on the account which goes back to August 2004. She stated she contacted her title company and was told that as of July 2004, they are not dealing with utility bills and was told that both parties at closing had to sign an affidavit indicating all bills had been paid and both parties signed this. She did not know what else she could do to protect herself. This does not make her feel good about the City and the way they handle billing customers. Councilmember Knight thought the Asplund's had a claim in small claims court. City Attorney Hawkins agreed. Mrs. Asplund did not feel it was her responsibility to collect the debt and felt the City should try to collect the money from the previous owners. She indicated she would give the City all the information she has in order to collect the debt. Mr. Dickinson stated the City could try to collect the debt but there are not any guarantees. He noted he would talk to the Asplund's regarding this. Councilmember Trude stated this policy is not unique to Andover because she lived in other cities that had the same policy. Mayor Gamache thought the City has a gap in the system. Councilmember Orttel wondered when the Asplund's first found out about the bill. Mrs. Asplund stated they found out in October 200S when the City sent the delinquency letter. \ j Councilmember Orttel did not understand why it was not put on the bill the past due amount. Mr. Dickinson stated the bill is tied to the address and the address when it comes to them, goes under a new account number with their name attached to it rather then the previous owner but the bill is attached to the address so when it does come due, it comes in as an address, not as the homeowners. Councilmember Orttel stated if these people would have known the month they moved in that the , / Regular Andover City Council Meeting Minutes - November 1, 2005 Page 6 bill was not paid, they could have gone to the previous owners for collection. Mr. Dickinson stated they run exception reports to try to close out these things and it gets about 99.9 percent of the items and there will be a few unique situations. Mr. Dickinson reviewed the process the utility company and the City go through to collect on the accounts. Councilmember Knight asked what the success rate is that the City has on trying to collect from previous residents for past due bills. Mr. Dickinson stated so far they have collected on everyone they have pursued. Mayor Gamache stated they have an agreement with Connexus to do the bills and he wondered if there was anything they were missing in this between when the Asplund's made the switch along with the previous homeowners. He thought maybe the City needed to get the information from Connexus quicker because there seems to be some kind of a gap. Mr. Dickinson stated if the Council felt these were valid situations where they do not want staff to pursue the bill they can notate that and take them off the list. The bills will still be attached to the property and if they cannot get it resolved within a year, the bill will be there next year. He noted this was not something he would advise. Mayor Gamache thought there was something missing and needed to be corrected. Mrs. Asplund stated she would feel comfortable with more time to try to collect the money from the previous homeowners. Councilmember Knight did not think an additional fee should be collected from someone who pays the bill if it is not their bill. Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:52 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve certification with the removal of 14035 Partridge St NW and 14169 Cottonwood Street recognizing the objections and have staff return in two weeks with notice on how to handle the two mentioned addresses. Motion carried unanimously. (RES. R200-05) CONSIDER SIDE YARD SETBACK VARIANCE/I51113STH LANE NW . / Mr. Neumeister stated Patrick and Susan Fugina have applied for a variance to build a two-car garage within their lot's 35-foot side yard setback. They are requesting a 15-foot variance so they may build the garage 20 feet off the property line instead of the required 35 feet. Mr. Neumeister discussed the staffreport with the Council. Regular Andover City Council Meeting Minutes-November 1,2005 Page 7 Councilmember Trude stated if they grant the variance, the neighbor on Drake Street would see the garage instead of the grove of trees because the homes are lined up with each other. Mr. Neumeister showed a photo of the area and explained where the garage would sit on the property. Councilmember Trude stated the point of the setback on the corner lots is that the homes and garage line up with each other on both streets. Staff reviewed the configuration of the home with other homes in the neighborhood. Councilmember Jacobson stated if they grant the variance, they could maintain the backyard but if the variance was denied, they would not have a backyard. He thought the hardship could be that if the variance was not granted, they would end up without a backyard or a very small backyard. Councilmember Jacobson wondered if there was a mix up originally with the setback where they were given the wrong setback with the street and then that was changed. Mr. Neumeister thought it was a basic mistake of where to measure from. Staff reviewed the setbacks with the Council. Councilmember Trude thought allowing this variance would hurt the home next to them because it would hurt the value of the home. Mr. & Mrs. Pat and Sue Fugina, 1511 13Sth Lane NW, showed on the aerial photo where their home is. Mrs. Fugina stated the neighbor's home is partly on Drake and part is on 138th. Mayor Gamache asked if the neighbors are in agreement with the variance the Fuginas were looking for. Mrs. Fugina indicated they are and that the neighbors have a pool area behind the area where they would be forced to put the garage and they would prefer the garage was up further so when they are in the pool area, they are not looking right at the garage. Councilmember Trude stated they would still have to have a hardship in order to approve the vanance. Councilmember Trude stated if the garage were built in front of the pool area, they would still have to meet the rear setback. Mr. Neumeister stated that was correct but the rear setback is five feet off the rear lot line. I Councilmember Orttel stated one of the requirements for a hardship is if there is a reasonable way to accommodate this use or is this a reasonable use. He noted there was some research done on if the garage could be added onto the home and it could not be because they are at thirty-five feet and would need the same variance to add onto the home so the only other option would be to build it in the middle of the backyard. Mr. Fugina stated this was correct. Regular Andover City Council Meeting Minutes - November 1, 2005 Page 8 Mrs. Fugina stated they have a two-car garage and a five-bedroom home so this will always be an issue because it will be a home used for raising multiple children. Mrs. Fugina stated the reason this came about for them was they were thinking about building a garage about three years ago knowing about the difficulties with all the bikes and everything in the garage and having another driver and they did not like the cars sitting outside. She stated she went to the City building department and was given the Table 6.03 that shows minimum requirements and was told to go by that and they highlighted what she should go by and told her to go with the setback. She stated it reads "side yard setback from street, thirty-five feet" so they were going by this so they were planning thirty-five feet from the street and talked to the City about the driveway and all the issues and they hired a contractor who went to the City about a month ago to apply for the permit and the City told him it was the thirty-five setback from the lot line, not from the street so he relayed this information to them because he knew they did not want to put the garage in the middle of their backyard. Mrs. Fugina stated she believed this was what she was told and the City has changed it since it was clearly stated to her a few years ago. Mayor Gamache asked if the chart indicates thirty-five feet from the street. Councilmember Orttel thought he knew what it meant and was probably misinterpreted. Mr. Neumeister read what the chart said and explained his interpretation of it and what the City interprets it at. Councilmember Jacobson asked if the table was what is in effect now. Mr. Neumeister thought they did not use the chart anymore and had a new one. Councilmember Trude wondered if they added onto the current garage, could they go up to five feet of the property line. Mr. Neumeister stated there is a ten-foot easement after checking the drawing. Councilmember Trude asked if they could add one stall onto the existing garage. Councilmember Orttel stated they could not add anything because they are right up to the existing setback. Councilmember Orttel wondered what the sixteen by sixteen foot area in the back is. Mrs. Fugina stated it is a deck and screened porch. She noted there is a family room directly behind the garage. Mayor Gamache stated under the part where it indicates the hardships, the third one says "the applicant has exhausted all reasonable possibilities for using his/her property". He wondered if this was a hardship. Mr. Neumeister stated that was a finding they had to make. J Mayor Gamache stated if it was not impossible to put it in the middle of the backyard but could anger the neighbor, could this be considered a hardship. Mr. Neumeister stated this was a judgment call that would have to be made. Regular Andover City Council Meeting Minutes - November 1, 2005 Page 9 Councilmember Trude thought they might want to look at this City-wide instead of on a case-by- case basis. She thought this was almost a policy issue if they were going to have corner lots with garages. She wondered if this was an improvement for the City and is that something the residents want to see in the City. Councilmember Knight wondered if a garage could be put under the deck. Mr. Fugina stated it would not fit and they would have to dig down deep to put one in. He stated a number of their neighbors told them they would prefer a garage be built to put their cars and boat in than to have them sitting in their driveway. He noted in the last two nights going around talking to the neighbors, they had twelve people sign a petition indicating they support the variance and some of those people for that reason would prefer to have the vehicles parked in the garage. Councilmember Trude stated as most of the lots in the city are becoming more urban and smaller, there are issues that come out and people do not want to move or have their children change schools. They want to add on to their homes to fit all of the family they have in the homes. She thought this issue would keep coming up but she did not know if it meets the hardship finding but maybe it is an issue they look at and have some hearings on and decide as a community if this is a value that they have and are willing to allow more of these instead of many cars in the driveway. Councilmember Orttel stated the only other area on the lot the garage would work would be on the other side of the lot but they would have to put in a twelve foot driveway along the back property line to get to it and he thought this would offend the neighbor because it would put the driveway right next to the pool area of the neighbor. He stated the problem is figuring out how to accommodate this and maintain the character of the neighborhood. Councilmember Orttel asked if there are restrictive covenants on the properties. Mr. Fugina stated there are not and that the further back the garage is built on the property, the more trees they would lose because they would have to have the driveway go back as well as the garage structure. Councilmember Knight wondered how many trees they would lose with putting the garage where they have proposed. Mrs. Fugina stated they tried to figure out the best place to put the garage so they would take as few trees as possible and they came up with seven trees with a two-inch circumference. Councilmember Knight wondered if the trees were all deciduous. Mr. Fugina stated they are all oak trees. / Councilmember Trude thought if they thought this was a hardship and approved it, they would get more requests like this. Mrs. Fugina stated three houses down, there is a townhouse development and the setback for them is twenty feet from the street so it would not make the garage look out of place. Regular Andover City Council Meeting Minutes - November 1, 2005 Page 10 Councilmember Trude stated this is not part of the development. Mayor Gamache stated the concern he is running into is the fact that the next option, which they could do, is to move the garage all the way back and then it does become in their backyard. He stated he would rather see them do something different and say the actual hardship is that it would be a hardship possibly on the neighbor next to them. He stated he would prefer this plan to another plan which could affect the neighbor more and how the property value would be affected. Councilmember Knight wondered if a hardship could work that way. City Attorney Hawkins stated they have to look at the definition which states "unique conditions include physical characteristics, including topography or water conditions that may exist on the property", so a hardship cannot be next door. Councilmember Orttel thought saving the trees could be an issue or could justify a hardship. He thought saving trees is an issue. Mayor Gamache asked if the neighbors across the street face Drake Street and did they indicate they were in favor of this. Mr. Fugina stated they did not talk to them. Motion by Gamache, Seconded by Orttel, to approve the IS-foot variance because the applicant has exhausted all reasonable options for using their property. Councilmember Trude stated she has a hard time with this because it would set a precedent in other areas. She stated she will not be voting for this because she does not believe they have a hardship and agreed with the Planning Commission on this. Motion carried 3 ayes, 2 nays (Jacobson, Trude). (RES. R201-0S) Mayor Gamache agreed with Councilmember Trude that they need to have some discussion on this as they move this along. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting for November IS, 200S at 6:00 p.m. Motion carried unanimously. / ADMINISTRATOR'S REPORT City Administrator Dickinson updated the Council on the September 21, 200S storm damage clean up, significant City Department activities and miscellaneous projects. Regular Andover City Council Meeting Minutes-November 1,2005 Page 11 Met Council Letter Councilmember Jacobson stated on the last page, last paragraph, it was noted and underlined that Mr. Neumeister was directed to respond to the Met Council with the comments. He wondered why this was underlined. Mr. Neumeister stated in the cover sheet, it was indicated that all new information that was added was underlined so he added that to draw attention. Councilmember Trude wondered if it would be signed by the Mayor, would it help. Mr. Neumeister indicated this noted he was directed to respond to the system statement comment in writing and the Mayor could sign it. Councilmember Jacobson thought it would sound fine if the sentence read "staff has reviewed this with the Andover City Council" and strike the rest. Mr. Neumeister stated he wanted them to know he was directed to do this. / Councilmember Trude stated on the revised draft she was comfortable with the second part and covers her concerns on the transportation funding because it talks about their unique situation on the transportation and she thought it was an important point to keep hammering with the Met Council because they are willing to build more homes and accommodate some population but they do have these congestion issues unique to Andover and she thought it covers it well but it does not have the sentence regarding the Mass Transit. It was discussed between the Council to combine two paragraphs into one in the letter. The Council discussed issues with Met Council with staff. MAYOR/COUNCIL INPUT (Street Upkeep and Maintenance) - Councilmember Knight stated in the StarTribune they mentioned cities regarding street upkeep and they mentioned specific cities and he would like them to give their public an indication on where they are at regarding this. Mr. Dickinson stated the City is very well prepared and they do a semi-annual assessment of the condition of the streets and they identify an OCI index and from a scale of 0-100 they are in the 80's for all of their streets, which is very good. Mr. Berkowitz explained the process the City goes through and how they look at reconstructing roads in the City. , j (Open Space Planning) - Mayor Gamache stated for future planning, they should talk about looking at maintaining open space. There is a group called Trust for Public Land that is doing a workshop on raising local funds to protect MN land and water sites and they will be in Zimmerman on the 17th of November. He stated he would get more information and attend some of the workshops to see what it is all about. (Tree Purchasing) - Councilmember Trude stated with all of the trees they have lost in the City with the storm, one of her goals she had two years ago was that they try to have their forester ;' Regular Andover City Council Meeting Minutes - November 1, 2005 Page 12 work on a wholesale tree program over the winter. She explained how the program could work and has worked in other cities. She asked for Council permission to have the forester in his downtime investigate if that program is something they could use to get trees replaced in the community. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:00 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary . / j