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HomeMy WebLinkAboutCC June 17, 2003 ~ LLLl./ C I T Y o F ~ Î -1-03 NDOVE 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, June 17, 2003 Call to Order - Following EDA Meeting Scheduled for 6:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval I. a. Approval of Minutes (5-27-03 Special; 6-3-03 Regular; 6-4-03 Special) b. Legislative Update - State Representative Chris DeLaForest - Administration Consent Items 2. Approve Payment of Claims - Finance 3. Repeal Ordinance No. 63 - Fire 4. Approve Ordinance/Adopt New Fire Code - Fire 5. Suspend Discussion/Final Plat/City View Fann - Planning 6. Approve On-sale Intoxicating Liquor License/W oodland Creek Golf Course - Clerk 7. Accept Feasibility Report/W aive Public Hearing/03-13/14259 Woodbine Street NW /SS & WM - Engineering 8. Approve Plans & Specs/Order Advertisement for Bids/03-IIPrairie Knoll Park - Engineering 9. Consider Award of Bid/03-2/Woodland Creek Golf Villas (Supplemental) - Engineering 10. Approve Plans & Specs/Order Advertisement for Bids/02-30/Andover Boulevard Trail- Engineering II. Approve Quotes/02-6/Wild Iris Park Playground Equipment - Engineering 12. Approve Resolution Authorizing PIR FundinglPrairie Knoll Park - Finance 13. Approve Change Order #1/01-30IPrairie Road Reconstruction (Supplemental) - Engineering Discussion Items 14. Receive Anoka County Sheriff's Department Monthly Report - Sheriff 15. Public Hearing/99-16/ Adopt Stonn Water Utility Ordinance - Engineering 16. Consider Lot Split/I 7680 Arrowhead Street NW-Planning 17. Public HearinglVacation of Right-of-Way/ 17680 Arrowhead Street NW - Planning 18. Consider Special Use Penn it/Outdoor Storage and Retail Sales/3160 I 62"d Lane NW - Planning 19. Consider Ordinance Amendment/Ordinance 8, Section 4.04 Lot Provisions - Planning 20. Discuss Extending Liquor Establishment Hours - Clerk 21. Consider Ordinance Amendment/Ordinance 8, Section 6.02 Minimum District Provisions - Planning 22. Communicate Metropolitan Council Approval-Rural Reserve Area & Remove Restrictions on Certain Properties - Planning 23. Approve New Equestrian Council- Planning Staff Item 24. Community Center Project-Committee Structures - Administration 25. Conceal and Carry Legislation-Organizational Management Policy - Administration 26. Approve Prioritized 2003-04 Council Goals - Administration 27. Approve 2004 Budget Guidelines - Administration 28. Consider 2003 Budget Reduction Plan - Administration 29. Purchase Agreement Status/Slyzuk Property - Administration 30. Schedule City Council WorkshoplMiscellaneous Items -Administration Mayor/Council Input Adjournment Regular Andover City Council Meeting Minutes - June 17, 2003 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 17, 2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .....................................................................................................1 RESIDENT FORUM ..................................................................................................................1 AGENDA APPROV AL .............................................................................................................1 APPROVAL OF MINUTES.........................................,.............................................................2 LEGISLATIVE UPDATE- STATE REPRESENTATIVE CHRIS DELAFOREST ...............2 CONSENT ITEMS Approve Payment of Claims .................................................................................................3 Repeal Ordinance No. 63 ......................................................................................................3 Approve Ordinance/Adopt New Fire Code ..........................................................................3 Suspend Discussion/Final Plat/City View Farm...................................................................3 Approve On-Sale Intoxicating Liquor License/Woodland Creek Golf Course ....................3 Resolution R126-03 accepting Feasibility Report/Waive Public Hearing/03-13/14259 Woodbine Street NW/SS & WM.......................................,.............................................3 Consider Award of Bid/03-2!Woodland Creek GolfVilIas (Supplemental)(Res.I27-03)...3 Resolution R128-03 approving Plans & Specs!Order Advertisement for Bids!02-30/ Andover Boulevard Trail.................................................................................................3 Approve Quotes!02-6/Wild Iris Playground Equipment ......................................................3 Approve Change Order #1/01-30/Prairie Road Construction (Supplemental)(Res.129-03) 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ................................................................................................................................3 PUBLIC HEARING/99-16/ADOPT STORM WATER UTILITY ORDINANCE Motion to Open Public Hearing.............................................................................................5 Motion to Close Public Hearing ............................................................................................6 Motion to Adopt ..Q.;;..~.:..¿1.!..............................,..................................................................6 CONSIDER LOT SPLIT/17680 ARROWHEAD STREET NW Motion to Table ..................................................................................................................... 7 PUBLIC HEARINGN ACA TION OF RIGHT-OF- W A Y/17680 ARROWHEAD STREET NW Motion to Table ..................................................................................................................... 7 CONSIDER SPECIAL USE PERMIT/OUTDOOR STORAGE AND RETAIL SALES/ 3160 162ND LANE NW Motion to Table .....................................................................................................................8 CONSIDER ORDINANCE AMENDMENT/ORDINANCE 8, SECTION 4.04 LOT PROVISIONS Motion to amend (Ord. 8DDDDDDD)..................................................................................10 DISCUSS EXTENDING LIQUOR ESTABLISHMENT HOURS Motion to Not Authorize Extension ......................................................................................11 CONSIDER ORDINANCE AMENDMENTS/ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS Motion to approve (Ord. 8CCCCCCC).................................................................................11 - ..-->. ~ -- -- "- -~-- --- Regular Andover City Council Meeting Minutes - June 17, 2003 COMMUNICATE METROPOLITAN COUNCIL APPROVAL-RURAL RESERVE AREA & REMOVE RESTRICTIONS ON CERTAIN PROPERTIES Resolution R130-03 to Approve ............................................................................................12 Motion Directing Staff...........................................................................................................13 APPROVE NEW EQUESTRIAN COUNCIL Resolution R131-03 to Adopt ..............;................................................................................13 APPROVE PLANS & SPECS/ORDER ADVERTISEMENT FOR BIDS/03-1/PRAIRlE KNOLL PARK Resolution R132-03 to Approve ..............................................................,.............................14 APPROVE RESOLUTION AUTHORIZING PIR FUNDING/PRAIRIE KNOLL PARK Resolution R133-03 to Approve ............................................................................................15 COMMUNITY CENTER PROJECT - COMMITTEE STRUCTURES Motion to Appoint Councilmember Jacobson as Liaison...................................................... 15 Motion to Add Mr. Tony Howard to Facility Building Team ...............................................16 Motion to Appoint Mr. Craig Cronholm as Chair of Facility Building Team....................... 16 Motion to Appoint Mr. Tony Howard As Chair of Stakeholder Design Committee ............16 Motion to Remove Construction Manager and Architect as Voting Members .....................16 CONCEAL AND CARRY LEGISLATION - ORGANIZATIONAL MANAGEMENT POLICY .................................................................................................................................16 APPROVE PRIORITIZED 2003-04 COUNCIL GOALS Motion to Adopt ....................................................................................................................17 APPROVE 2004 BUDGET GUIDELINES Motion to Approve ................................................................................................................18 CONSIDER 2003 BUDGET REDUCTION PLAN Motion to Adopt ...,................................................................................................................18 PURCHASE AGREEMENT STA TUS/SL YZUK PROPERTY Motion to Table ...................,.................................................................................................19 SCHEDULE CITY COUNCIL WORKSHOP/MISCELLANEOUS ITEMS ............................19 MA YORlCOUNCIL INPUT 7th A venue Construction ........................................................................................................19 Fun F est .................................................................................................................................19 Fun Fest Parade Route ...........................................................................................................20 ADJOURNMENT .................................................................................................................20 - - -..--- -- - -- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 17, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 17, 2003, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MinnesotL Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Carroll Abbott - 2917 142 Lane, stated he was at the hearing the other night for the Community Center and then he read in the paper on the following Sunday about charging residents a tax on natural gas. He did not remember this being brought up at the meeting. Councilmember Orttel stated in the article, they were talking about one of the proposals for balancing the budget was a ITanchise fee and the City would not be doing this. Mr. Abbott stated if the Community Center will cost so much that it will reduce other amenities for the City, he would not want it. Councilmember Jacobson stated what Mr. Abbott was reading is entirely independent of the Community Center. Councilmember Trude explained the cuts are coming after the budget was approved for the year. AGENDA APPROVAL Remove from Consent Items for discussion Items 8, (Approve Plans & Specs!Order Advertisement for Bids!03-1/Prairie Knoll Park); and Item 12, (Approve Resolution Authorizing PIR Funding/Prairie Knoll Park). 0- _ -- - - -.- - Regular Andover City Council Meeting Minutes - June 17, 2003 Page 2 Councilmember Jacobson stated he would like the City Attorney to review item five for problems. Community Development Director Neumeister explained the sixty days will expire tomorrow and the applicant has agreed to extend this to an additional sixty days with a written approval. Motion by Orttel, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES May 27,2003, Special Meeting: Correct as written. June 3, 2003, Regular Meeting: Correct as written. June 4, 2003, Special Meeting: Correct as written Motion by Jacobson, Seconded by Orttel, approval of Minutes as indicated above. Motion carried unanimously. LEGISLATIVE UPDATE -STATE REPRESENTATIVE CHRIS DE LAFOREST Representative DeLaForest discussed the budget cuts made by the legislature. Representative DeLaForest noted a couple of high points were Local Government Aid, Market Value Homestead Credit reduction, Levy back up to sixty percent ofloss to residents. In 2005, Market Value Homestead Credit will come back. The City told him they were very interested in local control and there will be no levy limits in 2005 and there will not be any reverse referendum. There will not be a wage freeze on local units of government. Representative DeLaF orest stated another issue of concern is the Community Center. Debt incurred in building and operating the Community Center does not factor into levy limits or anything. Anoka County has a Housing and Redevelopment Authority and the local talk was to turn it into a Community Development Agency, which would be another taxing authority. That legislation was left out of the tax bill. Representative DeLaForest explained another issue was transportation. They received an eight hundred million dollar infusion of transportation monies into the omnibus transportation bill. This will help in getting money to improve highway 10 and highway 65 and other County roads in Anoka County. They also received twenty-five million dollars to help alleviate some of the most dangerous roadways and hopefully they will receive some in the northern areas. They received a twenty million dollar revolving loan fund to help pay for local roads to help pay for local share of some trunk highway costs. They also received two million dollars to help replace wetlands. Representative DeLaForest discussed the North Star Rail; levy equalization and the Met Council Regular Andover City Council Meeting Minutes - June 17, 2003 Page 3 issues with the City Council. CONSENT ITEMS Item 2 Approval of Claims Item 3 Repeal Ordinance No. 63 Item 4 Approve Ordinance/Adopt New Fire Code Item 5 Suspend Discussion/Final Plat/City View Farm Item 6 Approve On-Sale Intoxicating Liquor License/W oodland Creek Golf Course Item 7 Accept Feasibility Report!Waive Public Hearing/03-13/l4259 Woodbine Street NW/SS & WM (See Resolution RI26-03) Item 9 Consider Award ofBid/03-2!Woodland Creek Golf Villas (Supplemental) (R127-03) Item 10 Approve Plans & Specs!Order Advertisement for Bids!02-30/Andover Boulevard Trail (See Resolution RI28-03) Item II Approve Quotes!02-6/Wild Iris Park Playground Equipment Item 13 Approve Change Order #1/01-30/Prairie Road Reconstruction (Supplemental) (R129-03) Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sgt. Jim Plattner, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson asked how the deputy that was shot is progressing. Sgt. Plattner stated he is doing very well and they expect him to be back in service later this month. PUBLIC HEARING/99-I6IADOPT STORM WATER UTILITY ORDINANCE City Engineer Berkowitz explained that the City Council has authorized proceeding toward the creation of a Storm Water Utility for funding the management and maintenance of the City's storm water system. Due to the unfunded federal mandate referred to as the NPDES Phase II programs (National Pollutant Discharge Elimination System), cities such as Andover which are considered and MS4 (Municipal Separate Storm Sewer System) cities are required to increase maintenance, educate the public regarding pollution pertaining to storm water, increase enforcement to detect and eliminate illicit discharge into the storm sewer system, implement post construction storm water management and pollution prevention such as additional street sweeping, storm sewer cleaning, ditch cleaning and Regular Andover City Council Meeting Minutes - June 17, 2003 Page 4 training. The Storm Water Utility Fee would fund existing storm water activities and the additional activities required. The proposed budget is based on past expenditures for various maintenance activities and estimated expenditures for new required activities mandated by the federal govemment under the NPDES program. The proposed budget is $227,304. Public properties and parks, which contribute to storm water system, would also contribute to the program. A public informational meeting was held on June 9, 2003. If the Storm Water Utility is implemented by July 1,2003, the revenue generated for the fund will be approximately $114,000 through the end of2003. As part of the budget reduction plan, $60,000 from the Storm Sewer Department will be offset by the new revenue and shift out of the General Fund into the newly created Storm Water Utility. The remaining $54,000 will be utilized to conduct activities to meet the requirements of the NPDES Phase II program and maintain the City's storm sewer system. Eliminating the Storm Sewer Department from the General Fund will impact the 2004 budget. The storm sewer activities that were funded previously by the General Fund will be funded completely by the new Storm Water Utility. The budget in the General Fund for 2003 is $121,814. Councilmember Jacobson stated there was a typo in Section Four on the fIrst page under the Subdivision of Land Use Category; the word "multiply" should say "multiple". Councilmember Jacobson stated he understood the fee would come on the electric bill so in the case of a rental unit, would the renter pay the bill or would the owner pay the fee. Mr. Berkowitz stated the intention was for the owner of the property to pay the fee. City Finance Director explained each property would be billed differently. Councilmember Jacobson stated under Section Four, Subdivision of Land Use, Single-Family Urban has an REF of 1.0 and the Elementary & Middle Schools, High Schools and Churches also have 1.0 but when he looks at the actual fee charged, Single Family Urban is charged $5.44 but the others will be billed at twice that amount. He has been trying to tell staff to change the Single Family Urban to .5 instead of 1.0 and staff disagrees. Mr. Berkowitz explained everything was established for a residential equivalency factor on one acre of urban development. Councilmember Knight stated under item one, it states, "These items are all part of the storm water system and are required to be maintained", but they are not maintained because they do not maintain the creeks or ponds. Mr. Berkowitz stated they needed to be more proactive in cleaning the ditches, sewers, culverts, ponds and storm sewer systems as part of the mandate. Councilmember Knight asked if they would be cleaning ponds on private property. Mr. Berkowitz stated they would not. Councilmember Knight asked if there are ponds on private properties how could they charge them when the City is depositing water onto their property. Mr. Berkowitz stated -- - .~---- ---- Regular Andover City Council Meeting Minutes - June 17, 2003 Page 5 there are increased requirements through the NPDES such as information, education that the City is responsible to get out to the public. Councilmember Knight asked if they would be crediting the people who have ponds on their property. Councilmember Trude stated in the newer developments all of the ponds and drainage area are on private property and she does not see the City going in there and doing anything because it is on private property. Mr. Berkowitz stated regarding a sedimentation, basin or pond, the City has an easement over the property and they are required to maintain it in an urban area. As long as it is considered part of the storm water system, it is part of the requirement. Councilmember Orttel stated he thought they would need to go back and take a look at where the money is going. Mr. Erar explained that anything that is part of the City storm water system would be part of the responsibility associated with maintaining the system. Discussion ensued in regard to what maintenance would be included in the charges for the storm sewer system. Councilmember Trude stated for the record, she was against a fee-based government and she has always been opposed to franchise fees and utility fees. Councilmember Jacobson explained they will have to pay the cost one way or another and he felt this would be a fair way of doing this. Further discussion ensued regarding the reasons for charging the residents the utility fee. Motion by Jacobson, Seconded by Knight, to open the public hearing at 8:15 p.m. Motion carried unanimously. Mr. Robert Whitney, 2520 166th Avenue NW, asked City Attorney Hawkins ifhe could send the storm water utility a bill for storing their storm water. City Attorney Hawkins stated, he could send the City a bill but it probably will not be paid. Mr. Dick Sivanich, 17191 Butternut St. NW, stated his house is on rural property and he has not seen a street sweeper come down his road in the last nine years he has lived there. He explained he was not there to talk about the mandate but he was talking about the methodology of assessing this. This billing method by fee is an inexact science and it has been modified to try to keep different types of property maintained. He explained that when you levy a tax on a property tax system, there is fiscal disparity. He explained the calculation for this. If you were to shift the total 2003 budget ITom a tax levy to a fee is a loss of $12,000 per year for as long as you do that fee. He stated it is lost income and adding in the cost of the billing and other maintenance staff will need to do to determine acreage. He stated if this was put on property taxes, there is a possibility of getting some of the fee back. There is an issue of discrepancy and staff would have to be audited which would be an additional Regular Andover City Council Meeting Minutes - June 17, 2003 Page 6 cost. He stated the certified levy of the City of Andover for taxes payable for 2003 is $6.2 million and they are talking about $200,000. If they look at how much this is going to cost to maintain this as a fee, it is not worth the trouble. Mr. Gary Rolli, 2815 135th Circle, stated he talked to staff, who explained what was happening. He suggested there should be a sunset clause where this does not go on forever. They should also integrate this into the property tax where it belongs so people can benefit from it. He stated there has to be some kind of a program where people can get involved and help cut down on the costs. Mr. Erar explained for clarification, of the budget they are looking at for 2004, of the $590,000 the City is losing in 2003, only $76,000 is part of the $590,000 and the difference between that is gone and there is not anyway to recover it. Mr. Don Eveland, 2575 Andover Boulevard, explained he has the final pipe out of Woodland First Addition dumps onto his property and all the storm water from the ball fields dump onto his property and feels he is more of a solution than the problem and he understands they have to charge everybody but he does not think it is fair. He asked if it is possible to plug the pipe and install a berm so the water does not come onto his property. Councilmember Orttel asked if Mr. Eveland got a drainage easement &om Woodland. Mr. Eveland stated that he was not aware of getting one. He stated it was not a matter of the money; it was the insult to him. Mr. Whitney asked if for this fiscal year, $76,000 is the bill. Mr. Berkowitz stated the collection through the fee would be $114,000, which would offset the budget reduction portion of $76,000. Mr. Whitney stated Councilmember Trude explained the additional officer was $90,000. Councilmember Trude stated it would be just over that because they have to purchase a new car. Mr. Whitney stated that maybe this was the solution. Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:33 p.m. Motion carried unanimously. Councilmember Trude stated there were some comments regarding the mandate and she remembered specifically last year when they went to some meetings, the permit fee itself was $25,000 or $50,000. It was a flat sum paid to the government and beyond that they are doing almost everything they h¡¡ve to besides the educational portion but they do put out a City newsletter that informs residents about taking care of storm sewers. Mr. Dickinson stated the mandate is not forcing them to do the utility, the mandate is providing a way of doing the utility. Discussion ensued in regard to the storm water utility fees. Motion by Jacobson, Seconded by Orttel, to adopt Ordinance No. 271, creating the Storm Water Utility with two changes: -- - Regular Andover City Council Meeting Minutes - June 17, 2003 Page 7 1. In Section Seven, under the payment of fees, to allow the staff under that section to change the verbiage so that the owners of the property are billed for the fee and not necessarily just on the electric bill but on other proper methods so the fee is paid by the property owner and not the renters. 2. This Ordinance be reconsidered when the levy limits are lifted. Motion carried 3 ayes, 2 nays (Knight, Trude). CONSIDER LOT SPLIT/17680 ARROWHEAD STREET NW Community Development Director Neumeister explained the property owner is seeking approval to divide the subject property into two single-family rural residential lots. Councilmember Trude stated they have all looked at plat maps and City maps and she has never seen a lot with the kind of lines proposed and she wondered if there was some kind of Ordinance regarding this. She wondered if this was a new and creative way to meet the requirements. Mr. Neumeister stated this was true. Discussion ensued in regard to requirements and reviewing the Ordinance regarding lot splits. It was noted the Planning Commission would be reviewing this for changes if the Council would want to table this item until after the Planning meeting. Motion by Jacobson, Seconded by Knight, to table this item until the July 15,2003 City Council meeting. Motion carried unanimously. PUBLIC HEARING/VACATION OF RIGHT-OF-WAY/17680 ARROWHEAD STREET NW Community Development Director Neumeister stated the applicant has requested that a portion of the right-of-way at the intersection of Arrowhead Street NW and 177th Avenue NW be vacated. Arrowhead Street was originally platted to include a temporary cul-de-sac, terminating at l77th Avenue NW. With the addition of the Hawk Ridge development in 1987, Arrowhead has been continued as a through street. As a result, the additional right-of-way for the cul-de-sac is no longer needed. The area to be vacated is that portion of the cul-de-sac, which no longer exists. The Engineering Department has reviewed this request and has determined that vacating the excessive right-of-way will not interfere with public utilities. Connexus Energy and CenterPoint Energy have confirmed that this request will not interfere with their private utilities. Motion by Jacobson, Seconded by Knight, to table this item until the July 15,2003 City Council meeting. Motion carried unanimously. Regular Andover City Council Meeting Minutes - June 17, 2003 Page 8 CONSIDER SPECIAL USE PERMIT/OUTDOOR STORAGEAND RETAILSALES/3160 I6ZVO LANE NW Community Development Director Neumeister explained the applicant has opened a landscape nursery at 3160 162nd Lane NW. Due to the fact that the property is zoned Limited Industrial (1), a special use permit is needed for outdoor storage and retail sales. The applicant has provided a rudimentary site plan. The information provided on the site plan is not sufficient to make a thorough comparison of the proposal to applicable ordinances. The Planning Commission correctly identified that the enforcement action and review of the special use permit application are two separate issues. However, the Commission found that the operation varied significantly from established regulations and performance standards and recommended denial of the permit with a 6-1 vote. Councilmember Trude asked City Attorney Hawkins if they have seen any compliance. City Attorney Hawkins stated they have not and the individual has been cited twice and if the Council takes the action recommended by the Community Development Department, they will be asking the City Council to authorize them to seek a temporary injunction immediately to have the operation terminated. Councilmember Orttel asked if the site was eligible for a wholesale nursery operation and not retail. Mr. Neumeister stated the outdoor storage and retail sales need a special use permit but wholesale sales are permitted. Councilmember Orttel asked if there was water on the site. Mr. Zahler stated at this time there is not a well installed and they are running off of an eleven hundred gallon tank to water the plants. Mr. Zahler discussed his property site with the Council. Councilmember Jacobson stated in the staff report it states the applicant was informed of the requirements before the property was purchased. He asked if this was true. Mr. Zahler stated he was not informed about what was required so he called the City to fmd out. CounciImember Orttel asked at what point the citation was issued. Mr. Neumeister discussed what transpired. Mr. Erar explained he did discuss this with Mr. Bednarz and Mr. Neumeister and he stands behind everything discussed and everything has been documented, authentic and valid and has been discussed with the City Attorney and the Sheriff's Department. Mayor Gamache asked if the applicant's business was still open. Mr. Zahler stated it was. Mr. Erar stated that if the applicant had complied with the Ordinance requirements, there was a good chance he would have been permitted to remain in business. Based on where it is today, the Regular Andover City Council Meeting Minutes - June 17, 2003 Page 9 Ordinance is in violation and he should be not be in operation. Mayor Gamache asked what items would be required to be in compliance. Mr. Neumeister explained what would be needed for approval. Councilmember Knight stated if the applicant knew he was in violation, why he is being defiant. Mr. Zahler stated he did not believe he was in defiance and that there is a great deal of planning in starting a business. Councilmember Jacobson stated even though the applicant has gone through the procedure for a permit, nothing has been done regarding the violations. Councilmember Jacobson stated it has been three weeks since the Planning Commission meeting and since then has he requested a staff member to come out and look at the property. Mr. Zahler stated he has and staffhas refused to do come out and look the property over with him. Motion by Orttel, Seconded by Jacobson, to table the item until the July 15,2003 City Council meeting to allow all the issues raised taken care ofto the statr s approval. Councilmember Jacobson asked if the applicant does not comply how long would it take to shut the business down. City Attorney Hawkins stated he would get a temporary injunction within a couple of days. Councilmember Trude stated she has a problem with this because the applicant did not comply with the laws and the business started before getting everything worked out. Councilmember Jacobson stated he believed the applicant was working for a delay and that he knew what needed to be done but at the same time he will give him additional time. Councilmember Knight stated he was afi-aid of the precedent this will set. City Attorney Hawkins stated because they may grant a permit, it does not mean the criminal charges will go away. Mr. Zahler stated for the record, he is not lying to anybody. He stated he is a very reputable businessperson. Motion carried 3 ayes, 2 nays (Knight, Trude). Mr. Neumeister asked for clarification if the applicant needs to have all the items done by the July 15th meeting. Mayor Gamache stated according to the motion, the items should be worked on or fInished by the July 15th meeting. Mr. Erar stated the applicant is still in violation of the ordinance, should staff not enforce the ordinance regarding his continuing operations. Legally he is still in violation of the Ordinance. Mayor Gamache stated in the meantime, the applicant should probably shut down to avoid any more Regular Andover City Council Meeting Minutes - June 17, 2003 Page 10 violations. Mr. Zahler stated he did not believe he was in violation because he has repeatedly called the City to have someone come out to inspect the property and no one has come out or told him what needed to be fIxed. The City Council recessed at 9:50 p.m. The City Council reconvened at 9:55 p.m. Mr. Erar stated for the record, it has been indicated the party has not received a list of requirements and he would like Mr. Zahler to come by City Hail to get another list of requirements. Mr. Zahler stated he would. Mr. Erar stated if Mr. Zahler continues to operate, he will operate at his own risk in violation of City Ordinance and the City Council does not condone this. Councilmember Trude stated the Inspections Department and Fire Marshal would be happy to inspect the property. Mr. Zahler asked if the Inspections Department would be expedited. Mr. Erar explained something would have to get done in order for the property to be inspected. Mr. Neumeister stated he wanted Mr. Zahler to understand that there will be an inspection on July 15,2003 and everything should be done by then or else he would have to post a performance bond and show proof of that for the evening meeting. CONSIDER ORDINANCEAMENDMENT/ORDINANCE 8,SECTlON 4.04 LOT PROVISONS Community Development Director Neumeister stated the Mayor and City Council are asked to consider updating the Lot Provisions section of Ordinance 8. This change would allow a resident who is building a home on their lot to remain in an existing home until the new home is constructed. Motion by Knight, Seconded by Jacobson, amend Ordinance 8, Section 4.04, b as stated in the Ordinance Amendment. Motion carried unanimously. (Ord. 8DDDDDDD) DISCUSS EXTENDING LIQUOR ESTABLISHMENT HOURS City Administrator Erar stated the State has passed a bill that extends liquor sale hours until 2:00 a.m. City Ordinance 235, regulating intoxicating liquor, does not specify the hours when liquor can be sold. Section 1 of the ordinance states that the provisions of Minnesota Statute, Chapter 304A are adopted and made part of the ordinance. It also states that if there is an inconsistency between the provisions of the state statute and this ordinance, the more restrictive shall govern. Regular Andover City Council Meeting Minutes - June 17, 2003 Page 11 If Council would choose to not follow state law, a section needs to be added to the ordinance specifying the hours as 8 :00 am to 1 :00 am, Monday through Saturday, and 10:00 am through 1 :00 am on Sundays. If Council chooses to allow establishments to be able to sell liquor until 2:00 am a public hearing must be scheduled. If Council wishes the closed hour to remain at 1 :00 am, the ordinance must be amended. If the hours are changed to 2:00 am, the bar owners must apply to the State for a permit to allow them to remain open and pay a fee to the State. Motion by Knight, Seconded by Trude, to not authorize the hours to be extended beyond the current hours of operation and to have staff bring back an amendment to the Ordinance stating the 1 :00 am closing time. Mayor Gamache stated the reason they are not extending this, is because the surrounding cities have not extended their hours to 2:00 am. Motion carried unanimously. CONSIDER ORDINANCE AMENDMENT/ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS Community Development Director Neumeister noted the Council asked the Planning Commission to review an ordinance amendment that would allow lot splits for lots that are close, but do not meet all of the requirements of Ordinance 8, Section 6.02 Minimum District Provision (without a variance) under certain circumstances. This request was initiated from the lot split request at 1415 Andover Boulevard that included proposed variances to lot depth for both lots. The Planning Commission recommended approval of the proposed lot split. However, the City Council denied the lot split citing a lack of hardship for the variances to lot depth. As a part of the discussion, the Council discussed establishing a method to approve similar lot splits provided the lot met two of the three size requirements and was within ninety percent of the third. The proposed ordinance amendment will allow flexibility for infiIllots in both urban and rural neighborhoods. As demonstrated with 1415 Andover Boulevard, infilllots may have development constraints that would otherwise prevent efficient use of the land. Mr. Neumeister explained there were some word changes in the Ordinance that he wanted to point out. "Lot splits shall mav be allowed" to give the Council some discretion because it is permissive rather than mandatory. The second is under point number one "This provision shall ~ "-- Regular Andover City Council Meeting Minutes - June 17, 2003 Page 12 only apply to a 10t split eoataining which results in no more than two lots." The last change is "each lot within the proposed lot split shall provide at least ninety percent of the requirements that cannot be met for onlv one of the requirements". City Attorney Hawkins stated he did not think the additional wording is needed for item three. Motion by Orttel, Seconded by Trude, to approve the Ordinance Amendment to Ordinance 8, Section 6.02 with the changes recommended by staff. Councilmember Trude stated she talked to Mr. Bednarz about another situation where this change will not work because the problem is where they measure the setback. She stated normally they measure the width at the setback line and in some cases if they could measure the width at the property line or the setback line, whichever is greater, it would allow people to not have to go into the category and Mr. Bednarz thought it would be something to look at. She wondered if the rest of the Council would support this change. Councilmembers Jacobson and Orttel stated they would be willing to look at it but until they had more information, they would not approve it. Motion carried unanimously. (Ord. 8CCCCCCC) COMMUNICATE METROPOLITAN COUNCIL APPROVAL-RURAL RESERVE AREA & REMOVE RESTRICTIONS ON CERTAIN PROPERTIES Community Development Director Neumeister explained the Metropolitan Council staffhas informed the City that the full Metropolitan Council has approved the 964 acres selected for the "Rural Reserve". Councilmember Orttel stated through the entire process, they had a group that had eighty acres on the railroad tracks that were pushing for this and now they 250 acres. Mr. Neumeister stated when the engineering staff, planning, administration and billing departments sat down and discussed this item the past week, they did not know exactly which areas would be agreed upon to receive the sewer because there is only eighty-eight acres of capacity and they need to come back to the Council with more information as to which areas would be recommended for gravity sewer because they have a pipe on Vale and Crane Streets that could be extended and it may be more favorable to extend one and not the other. Without the detailed information, they did not want to release this until City Council reviewed it. Councilmember Orttel asked how long it would be before the matter is resolved. Mr. Neumeister stated the July 15th Council meeting would do it. Councilmember Orttel asked if they should table this until that meeting. Mr. Neumeister stated they could be it would not need to be. Motion by Orttel, Seconded by Jacobson, to approve of removing certain areas from "Rural Reserve". Motion carried unanimously. (Resolution R130-03) .-.- Regular Andover City Council Meeting Minutes - June 17, 2003 Page 13 Councilmember Jacobson stated on page six of the staff report, it talks about the City responding to the Council's recommendation. He explained they never passed any Resolution following the Met Council's density assignment. Mr. Neumeister passed out a letter ITom Met Council dated January 14,2002, which relates to the life cycle housing goals and the permitted density. He stated that as a condition of their approval, the City Council agreed to follow the recommendations on the housing goals from March 6, 2000. Mr. Erar stated the report the Met Council submitted along with their approval of the Rural Reserve is not something the Council agreed to, it is something the Met Council put into place that in their minds is a condition. The Rural Reserve designation had nothing to do with density, it was to only designate Rural Reserve. He stated the Council was very specific about that. Motion by Orttel, Seconded by Jacobson, directing staff to prepare appropriate land use controls for the remaining "Rural Reserve" areas to prevent premature development without full city utilities and bring before the Planning Commission and to direct staff to bring forward information on which areas north of 161 st A venue may be able to receive sanitary sewer. Motion carried unanimously. APPROVE NEW EQUESTRIAN COUNCIL Community Development Director Neumeister explained according to Ordinance No. 207, the Equestrian Council is made up of seven members whom are residents of the City. A number of the Equestrian Council members have finished their terms, therefore the current Equestrian Council Chairperson; Carol Almeida needs to fill these vacancies. Given the qualifications and the thorough review of the applicants by the Equestrian Council, staff recommends Council appoint the new Equestrian Council by adopting the Resolution. Motion by Knight, Seconded by Trude, to adopt the Resolution appointing the new Equestrian Council subject to Ordinance 207. (Resolution R13I-03) Councilmember Trude stated the Equestrian Council submitted the minutes and in the minutes they wanted to add a member to their Commission and she did not think they could add another voting member to their Commission because she believed they were limited to a maximum of seven members per Ordinance. Councilmember Orttel stated they could add a member but that person cannot be a voting member. Motion carried unanimously. APPROVE PLANS & SPECS/ORDER ADVERTISEMENT FOR BIDS/03-I/PRAlRlE KNOLL PARK City Engineer Berkowitz explained the item is in regard to approving plans and specifications - - Regular Andover City Council Meeting Minutes - June 17, 2003 Page 14 and ordering advertisement for bids for Prairie Knoll Park, Project 03-1. There are a couple of issues that have been raised since the last City Council meeting and have been resolved and recommended by the Park Commission. One of those issues is the location of the septic system drain field. The Building Official, Dave Almgren, has recommended the best location for the drain field is in the south half of the proposed hockey rink. By locating the drain field here, the hockey rink has been shifted north, which required shifting the sliding hill further west. Since the Park Commission has agreed with this movement of the sliding hill, the side slopes of the hill will be constructed at a steeper slope to allow more enjoyment of the hill since this seems to be the biggest concern ITom the users. The berm that the property owner requested on the south side of the parking lot will be a minimum height to allow for mowing of the berm. This will require landscaping of the berm to address the property owners' concern regarding headlights of vehicles shining toward their homes. In regard to the parking lots, they will be graded as part of the overall site. It appears the parking lots will be able to have recycled bituminous from Prairie Road reconstruction delivered to Prairie Knoll Park and will be used as class 5 for the parking lots, which will be a savings to the park dedication funds. The irrigation system and well design have been authorized by the City Council and are currently being designed by the consultant. The construction of the building is still anticipated to be constructed in the very near future. The improvement of the park for Phase I will be funded by Park Dedication Funds. Councilmember Trude explained she had this pulled because there were some extra costs on this project. This park is not a lit park and she believed they were adding a lot of extra expenses because of the berm. This park is never used after dark. Councilmember Jacobson asked if one of the reasons might be because there could be a change in the next couple of years for lighting. Mr. Berkowitz stated he would bring this information back to the staff person involved and will bring additional information back to the Council. Motion by Trude, Seconded by Knight, to adopt the resolution approving plans and specifications and ordering the advertisement of bids for Project 03-1, Prairie Knoll Park for grading, parking lots, bituminous trails and basketball court as recommended by the Park & Recreation Commission. Motion carried unanimously. . (See resolution RI32-03) APPROVE RESOLUTION AUTHORIZING PIR FUNDINGIPRAIRIE KNOLL PARK City Finance Director Dickinson explained at the June 3, 2003 City Council meeting the Council Regular Andover City Council Meeting Minutes - June 17, 2003 Page 15 directed Finance to prepare a resolution authorizing expenditures of Public Improvement Revolving (FIR) funds to facilitate Phase II improvements at Prairie Knoll Park. This request will authorize the funding for the project. Councilmember Trude stated she had a problem with the payback schedule. She explained that it is a pretty quick payback schedule and she does not know if this will work. Councilmember Jacobson stated they would have some significant park funds corning in from Andover Station North and South that would pay this off fairly quickly. Councilmember Ort1el thought there would be a year or two that the Council would have to accommodate them on their payment and he did not worry about that. Mr. Dickinson stated they would not anticipate the funds being made available until next year to start a payback. They plan on depleting the Park funds this year. Motion by Knight, Seconded by Jacobson, to approve the resolution authorizing the expenditure offunds for Phase II improvements (well and irrigation system $150,000) at Prairie Knoll Park from the Permanent Improvement Revolving Fund. Motion carried 4 ayes, 1 nay (Trude). (Resolution R133-03) COMMUNITY CENTER PROJECT - COMMITTEE STRUCTURES City Administrator Erar explained this item was brought before the Council for further discussion at the request of Councilmember Jacobson. Councilmember Jacobson is interested in bringing this issue back to the Council relative to whether the existing process can be streamlined and/or enhanced to improve efficiency of the project process. Motion by Orttel, Seconded by Knight, to appoint Councilmember Jacobson as Formal Liaison to the Council on the Facility Building Team. Motion carried 4 ayes, 1 present (Jacobson). Motion by Trude, to add Tony Howard to the Facility Building Team. Mr. Erar stated he talked to Mr. Howard and he was happy with the way the Facility Building Team is structured and he has showed an interest in serving on the Stakeholder Design Committee as a voting member. Mr. Erar explained the other item with respect to the Facility Building Team is whether or not the Council would wish to have Mr. CronhoIm chair the group at opposed to himself. He would happily continue in the current role it the Council so desires. Motion failed for lack of a second. Motion by Knight, Seconded by Trude, to appoint Mr. Craig Cronholm as the Chair of the Facility Building Team. Regular Andover City Council Meeting Minutes - June 17, 2003 Page 16 Mayor Gamache stated he preferred to have City Staff running the meetings and that is why he will vote against this. Motion carried 3 ayes, 2 nays (Gamache, Orttel). Motion by Jacobson, Seconded by Orttel, to appoint Mr. Tony Howard as the Capital Campaign Chair of the Stakeholder Design Conunittee. Motion carried unanimously. Discussion ensued in regard to whether the Construction Manager and Architect should be voting members on the committee. Motion by Trude, Seconded by Knight to remove the Construction Manager and Architect as voting members. Motion carried unanimously. Mr. Erar asked what the outcome on the Chair was. Councilmember Trude stated Mr. Dickinson would facilitate. Mayor Gamache explained his concern is they will be bringing in two people from City Staff to work the meetings all of the time. Mr. Dickinson stated he believed this would be the best way. CONCEAL AND CARRY LEGISLATION - ORGANIZATIONAL MANAGEMENT POLICY City Administrator Erar explained City Administration has reviewed the workplace implications of the new "conceal and carry" state legislation as it pertains to employee safety considerations. In consultation with City departments and the City Attorney's office, staff is proposed to advance two (2) workplace safety issues associated with this new legislation. Councilmember Jacobson stated six months ago they had the same situation and asked, what has changed so dramatically since that time. Councilmember Knight stated there is a kind of hysteria and he does not understand why because thirty-five states already have this law. Councilmember Orttel stated he has read the information and he is not sure they can prohibit this. Mr. Erar stated there is uneasiness among staff. Council consensus was to have the City Attorney review this item to see if item one could be done. Item two will be upheld. APPROVE PRIORITIZED 2003-04 COUNCIL GOALS City Administrator Erar explained at the April 23, 2003 Council workshop, the Council discussed a number of potential goals for completion in the 2003-04 time frames. Since that time, Council members have submitted their rankings to the goals discussed. -- -..- Regular Andover City Council Meeting Minutes - June 17, 2003 Page 17 Mr. Erar discussed the summary of individual Council member responses to the proposed goals. Councilmember Jacobson stated he did not have a problem with any of these, except on item ten it states churches and he would like that changed to read "Explore and communicate efforts to recruit citizen volunteers from local ehureh community organizations within the community." Mr. Erar stated they could change this to "Community". Motion by Orttel, Seconded by Jacobson, to adopt the Council goals as presented and prioritized. Motion carried unanimously. APPROVE 2004 BUDGET GUIDELINES City Administrator Erar explained Council revised these guidelines on May 27, 2003 and requested that additional time be allowed until the legislative session was completed. Staffhas had an opportunity to review legislative impacts as they pertain to the 2004 Budget Development Policies and prepared a narrative analysis on the impacts these issues will have on the 2004 Annual Operating Budget. Councilmember Orttel stated they are recovering sixty percent of the loss but because the levy limit did not allow growth and will be absorbed into the system and will dampen any increase he did not think they will see an increase in taxes even though they will recover some. Mr. Dickinson stated they would see the growth but they will see a declining tax rate rather than an increasing tax rate so they will be losing more money. Councilmember Jacobson asked in regard to the union, if they had an agreement for union wages. Mr. Erar stated the agreement was only until the end of2003. Councilmember Knight asked when the new businesses come into the tax increments. Mr. Dickinson stated the districts are to be certified in 2011 or 2012. Motion by Orttel, Seconded by Trude, to approve the proposed Budget Development Policies as presented. Mr. Erar stated part of the process is to keep the State Representatives up to date and if Council would approve, he would like to continue to do that. Mayor Gamache stated he thought this was a good idea. Councilmember Jacobson asked if they know what the inflation factor would be. Mr. Erar stated it has typically been three percent. Motion carried unanimously. Regular Andover City Council Meeting Minutes - June 17, 2003 Page 18 CONSIDER 2003 BUDGET REDUCTION PLAN City Administrator Erar explained the City Council met on April 29, 2003 to consider 2003 budgetary reductions in City expenditures due to state aid reductions affecting local government aid and market value credit aid. Based on staff analysis, the City will realize a loss of approximately $590,000 in funding cuts from its adopted 2003 Budget. This state aid reduction represents approximately 8.4% of the 2003 General Fund revenues of$7,077,215. Proposed expenditure reduction areas have been discussed with Council and were given preliminary approval on April 29, 2003. There are no reduction changes from previous staff recommendations. Mr. Erar discussed the information with the Council. He stated there was a typo on page two, item three; the amount should be $227,300 and not $537,265. Motion by Orttel, Seconded by Jacobson, to adopt the 2003 Budget Reduction Plan as presented. Councilmember Jacobson asked if they have corrected the problem of the outdoor toilets. Mr. Erar stated Mr. Stone has added additional chemicals and they will be adding a cost to the Tournament Fees that would cover the cost of the chemicals. Motion carried unanimously. PURCHASE AGREEMENT STATUSlSLYZUK PROPERTY City Administrator Erar noted staffhas been working with the City Attorney's office and Mr. Slyzuk relative to fInalizing legal documents to facilitate the purchase of the Slyzuk property. In order to provide Mr. Slyzuk and the City with adequate time to review and coordinate the execution of these agreements, staff is requesting that this item be tabled for an additional 30 days. A survey of this property has been ordered and will need to be completed. The survey will take approximately 14 - 21 days to complete. All items appear to be on track for a July closing. Councilmember Orttel asked Mr. Dickinson to explain where the money will come from to pay for this land. Mr. Dickinson stated the money available to pay for the land is &om the TIF project fund, which is interest that has been earned prior to 1998. Those dollars are not increment and those dollars should have been put to a different fund which are to be used at the City's discretion and will not be reflected on the tax statement. Mayor Gamache stated the reason they are looking at this property is because it is next to the City Hall complex and as the City continues to expand, they will need more land and currently they are landlocked. - -- Regular Andover City Council Meeting Minutes - June 17, 2003 Page 19 Motion by Jacobson, Seconded by Knight, to table this item until the July 15, 2003 City Council meeting. Motion carried unanimously. SCHEDULE CITY COUNCIL WORKSHOPIMISCELLANEOUS ITEMS Motion by Jacobson, Seconded by Knight, to Schedule a City Council Workshop for June 24, 2003 at 7:00 p.m. Motion carried unanimously. Councilmember Trude and Orttel stated they could not make the meeting. MAYOR/COUNCIL INPUT (7th Avenue Construction) - Councilmember Knight asked the public to be patient regarding what will be happening on 7th A venue with construction. Mayor Gamache stated staff might want to update Mr. Haas for planning scheduling of ballparks in the area. (Fun Fest) - Councilmember Jacobson stated Mayor Gamache previously talked about a tent for staff at the Fun Fest and he was wondering what was going on with that. Mayor Gamache stated he talked to Ms. V oIk regarding this and a booth will be set up and he is working a schedule for the Council. Mayor Gamache stated the Fun Fest is a week and a half away and they still need volunteers. (Fun Fest Parade Route) Mayor Gamache explained the parade route has changed and will be coming from the High School to the Elementary School. Councilmember Trude explained Crosstown would be closed. Motion by Trude, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :26 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary