Loading...
HomeMy WebLinkAboutCC June 3, 2003 ~ ü....I.V- C I T Y o F ~ lD-n-D? 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 3, 2003 Call to Order - Following EDA Meeting Scheduled for 6:00 p.m. Pledge of Allegiance Resident Forum a. Pole Barn Construction - Planning/Building Agenda Approval 1. Approval of Minutes (5-14-03 Special; 5-20-03 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Plans & Specs/Order Advertisement for Bids/02-45/Constance Corners - Engineering 4. Approve Plans & Specs/Order Advertisement for Bids/03-5/City View Farm - Engineering 5. Approve Plans & Specs/90-19/Round Lake Blvd. NW (CSAH 9) & 161" Avenue NW (CSAH 20)ffraffic Signal- Engineering 6. Approve Joint Powers Agreement/90-19/Round Lake Blvd. NW (CSAH 9) & 161" Avenue NW (CSAH 20)ffraffic Signal- Engineering 7. Approve Resolution/Allocating Off System Expenditures of City MSA Funds onto County System/90- 19/Round Lake Blvd. NW (CSAH 9) & 161" Avenue NW (CSAH 20)ffraffic Signal- Engineering 8. Accept Petition/Order Feasibility Report/03-13/14259 Woodbine Street NW/SS & WM - Engineering 9. Accept Feasibility Report/W aive Public Hearingl03-18/16150 Crosstown Blvd. NW (Constance Free Church)/SS - Engineering 10. Approve Final Plat/Constance Corners -Planning II. Approve Refuse Hauler License - Clerk 12. Approve Release of Letter of Credit #03-09/Plans and Specs/02-49/Woodland Estates 4th Addition- Finance Discussion Items 13. Assessment HearinglSunridge Delinquent Assessments/99-36 - Clerk 14. Consider Resolution/02-39/Red Oaks Manor I "_4th Additions & Unplatted Portions of Sections 33 & 34/Street Lighting, Continued - Engineering 15. Receive Update/Skate Board Park/OI-5 - Engineering 16. Funding Option/Prairie Knoll Park - Finance Staff Item 17. Approve 2004 Council Budget Priorities & Approve 2004 Budget Guidelines (Supplemental) - Finance Mayor/Council Input Adjournment Regular Andover City Council Meeting Minutes - June 3, 2003 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 3,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .....................................................................................................1 RESIDENT FORUM..................................................................................................................1 Pole Barn Construction ............ ...................................... ........ ......................................... .......1 APPROVAL OF MINUTES.......................................................................................................4 CONSENT ITEMS Approve Payment of Claims .........,...................................,...................................................4 Resolution R117-03 approving Plans & Specs/Order Advertisement for Bids/02-45/ Constance Corners .....................................................,....................................................4 Resolution R118-03 approving Plans & Specs/Order Advertisement for Bids!03-5/ City View Farm ...............................................................................................................4 Resolution R119-03 approving Plans & Specs!90-19/Round Lake Blvd. NW (CSAH 9) & 161 st Avenue NW (CSAH 20)/Traffic Signal..............................................................4 Approve Joint Powers Agreement/90-19/Round Lake Blvd. NW (CSAH 9) & 161st Avenue NW (CSAH 20)/Traffic Signal...........................................................................4 Resolution R120-03 approving Resolution/Allocating Off System Expenditures of City MSA Funds onto County Systern/90-19/Round Lake Blvd. NW (CSAH 9) & 161 st Avenue NW (CSAH 20)/Traffic Signal..................................................................4 Resolution Rl21-03 accepting Petition/Order Feasibility Report/03-13/14259 Woodbine Street NW/SS & WM .....................................................................................................4 Resolution R122-03 accepting Feasibility Report/Waive Public Hearings!03-18/16150 Crosstown Blvd. NW (Constance Free Church)/SS .......................................................4 Approve Release of Letter of Credit #03-09/Plans and Specs!02-49/Woodland Estates 4th Addition ......................................................................................................................4 Resolution R123-03 considering Special Use Permit AmendmentlNature's Run ...............4 APPROVE FINAL PLAVCONSTANCE CORNERS Resolution R124-03 to approve.............................................................................................5 ASSESSMENT HEARING/SUNRIDGE DELINQUENT ASSESSMENTS/99-36 Motion to open and close the public hearing.........................................................................6 Motion to acknowledge payment........................................................................................... 7 Motion directing staff not to redeem the letter of credit........................................................ 7 CONSIDER RESOLUTION/02-39/RED OAKS MANOR 1 ST - 4111 ADDITIONS & UNPLATTED PORTIONS OF SECTIONS 33 & 34/STREET LIGHTING, CONT. Resolution R125-03 to approve ............................................................................................. 7 RECEIVE UPDATE/SKATE BOARD PARK/01-5 Council Consensus to leave as is...........................................................................................9 FUNDING OPTION/PRAIRIE KNOLL PARK Council Consensus to authorize funding for Phase II of Prairie Knoll Park .........................10 APPROVE REFUSE HAULER LICENSES Motion to approve..................................................................................................................11 ._----~ - . Regular Andover City Council Meeting Minutes - June 3, 2003 Page 15 Regular Andover City Council Meeting Minutes - June 3, 2003 Table of Contents Page ii MA YORlCOUNCIL INPUT Speed Limit Signs ........................................,................,........................................................12 Community Center Meeting ..................................................................................................12 Andover and Hanson Boulevard Intersection........................................................................12 Storm Water Utility Brochure................................................................................................12 ADJOURNMENT ......................................................................................................................12 >---. CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 3, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 3, 2003, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 11innesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson City Planner, Courtney Bednarz City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Chris Scheiber - Pole Barn Construction - City Planner Bednarz explained at the last meeting Mr. Schreiber indicated that staff had not given out proper information to him regarding the construction of a 40' x 80' pole building on his property. Staff sent Mr. Scheiber a letter that provided details regardmg the issue and what was allowed by the zoning ordinance along with a couple of options. Mr. Scheiber has called back and has indicated that he will pursue the second option, which is purchasing additional land from a neighbor and doing a lot line adjustment. This would bring his property into conformance with the ordinance. Mr. Schreiber explained getting additional property added to his does not seem like an option. At this point, he would be looking for a variance. Councilmember Trude asked if there was some storage on the property already. Mr. Schreiber stated there was. Mayor Gamache asked if the pole bam was already the total area allowed. Mr. Bednarz stated the pole barn that already exists maxes out what is allowed. Councilmember Trude asked if he needs the pole barn to run a business. Mr. Schreiber explained when they were looking at property, they checked with the City to see what they could build. This lot seemed like it was what they wanted but the pole barn only has a seven foot door and would not Regular Andover City Council Meeting Minutes - June 3, 2003 Page 2 be adequate to allow his truck with topper in and he can not get his boat. into the pole barn and they heat their house with com and the com bin will not. fit because the door is too short. He showed a rough drawing of the proposed pole bam to the Council. Councilmember Trude stated he could tear down the pole barn they have and rebuild with the new building or remodel the current building. Mr. Erar stated with respect to this situation but with the initial review, it was more of a cursory understanding that the property owner believed he had more than five acres of land. Staff has revised their procedures so in the future they will require a registered survey of any site. Councilmember Orttel stated part of the problem is that people figure in the roadway when figuring how much land they have and he did not think the City thought of these problems when writing the Ordinance. He suggested the Planning Commission review the Ordinance for possibly amending it. Mayor Gamache asked if they did have Planning and Zoning look at this, how would they word it regarding the road right-of-way. Mr. Bednarz stated it could be as simple as revising the definition to include the right-of-way in the defInition if the Council would want this. Councilmember Orttel stated there were times they would not want to go City wide because of certain situations. Councilmember Trude asked how many outbuildings a person needs on their property and at what point is it reasonable. Councilmember Jacobson stated it was his understanding that if the structure went in, it would exceed the total footprint of the main structure. Mr. Bednarz stated this was true. Mayor Gamache stated if the property was over five acres, it would not matter. Mr. Bednarz stated that was correct, but this property was just at five acres with the road right-of-way. Mr. Scheiber noted the measurement on the survey is technically 660.01 by 330.01 which equals 9.9 square feet over five acres. Mr. Erar stated they could look at the Ordinance to make it more specific but in terms of Mr. Scheiber, he is 100king for a variance, which would need to start at the Planning Commission and it would require a hardship. City Attorney Hawkins explained it would need a hardship and he did not think it would be deemed a hardship. He thought the preference would be to amend the Ordinance to include road rights-of-way. Mayor Gamache thought the Planning Commission should look at amending this. Mr. Erar thought staff would like to look at this and see what options would be available and discuss this with ARC first and then bring it to the Planning Commission. Councilmember Jacobson stated they should authorize staff to take a look at the issue and bring it to the Planning Commission for a review and hearing and then it will come back to the City Council and have it expedited. ._----~ - - Regular Andover City Council Meeting Minutes - June 3, 2003 Page 3 Mr. Scheiber explained he already spent a lot of money on a new building and he wondered where a hardship came in. He believed the City put him in a spot for over a year because he was under the impression that what they told him was true and he made big decisions based on those answers. Councilmember Trude stated she did not think this fit the defInition of a hardship. Councilmember Orttel described what a hardship legally would be. He explained the best thing would be to have the Ordinance amended which will take some time. Mr. Cal Herman and Mr. John Stotz -from Anoka High School explained they are doing a project to better the City in a way for Modem Global and they picked turtle protection. He explained they were focusing on a stretch ofland near 145th Avenue at the southwest end of Round Lake that has been causing many deaths in turtle population due to road kill. Mr. Stotz stated last year they performed a study to see how many turtles were killed. They calculated that five turtles every week were killed due to car related incidents and this is taking five turtles a week from a population that is already small and putting them on the endangered list. Mr. Herman explained their proposal is to put up a sign ITom mid spring until the fall that would warn people of the turtle crossing. Another proposal would be to put in a speed bump in the designated area or a culvert could be placed in the road when redoing the road so the turtles could go under there. He stated they have been using this tactic in Europe and it has been know to work. Councilmember Trude asked how long they did their survey. Mr. Stotz stated they did the survey ITom spring 2002 to fall 2002. Councilmember Trude asked how many turtles were killed. Mr. Stotz stated he does not remember but it was pretty high. Councilmember Trude asked if there was a particular turtle they noticed as being killed. Mr. Stotz stated it was the painted turtle Mayor Gamache asked why the turtles cross in that spot. Mr. Stotz explained the turtles cross there to get to the swamp to lay eggs. Mr. Berkowitz stated when the road is reconstructed, there are plans ITom the County to put in a turtle crossing and they may be able to install signs. AGENDA APPROVAL Remove from the Agenda Item 17, (Approve 2004 Council Budget Priorities & Approve 2004 Budget Guidelines), Add to Consent Item 12a (Consider Special Use Permit Amendment/Nature's Run). Remove from Consent Items for Discussion Item 10, (Approve Final Plat/Constance Comers); and Item 11, (Approve Refuse Hauler License). Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. - --. Regular Andover City Council Meeting Minutes - June 3, 2003 Page 4 APPROVAL OF MINUTES May 14, 2003, Special Meeting: Correct as written. May 20, 2003, Regular Meeting: Correct as amended. Councilmember Jacobson stated there were changes to the May 20, 2003 meeting in the supplemental information. It was noted in the May 20th minutes, Item 3 should be Resolution 106-03 to Reject the bids; Resolution Rl 06A-03 to Order Revised Plans and Specs; and Resolution R1 06B-03 to Approve the Revised Plans and Specs. Also notes in the May 20th minutes, Item 5 was not a resolution. Resolution R108-3 should be voided. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Plans & Specs!Order Advertisement for Bidsl02-45/Constance Comers (See Resolution RI17-03) Item 4 Approve Plans & Specs!Order Advertisement for Bids!03-5/City View Farm (See Resolution R1 18-03) Item 5 Approve Plans & Specs/90-19/Round Lake Blvd. NW (CSAH 9) & 161" Avenue NW (CSAH 20)/Traffic Signal (See Resolution Rl 19-03) Item 6 Approve Joint Powers Agreement/90-19/Round Lake Blvd NW (CSAH 9) & 161 " Avenue NW (CSAH 20)/Traffic Signal Item 7 Approve Resolution/Allocating Off System Expenditures of City MSA Funds onto County Systern/90-19/Round Lake Blvd. NW (CSAH 9) & 16151 Avenue NW (CSAH 20)/Traffic Signal (See Resolution RI20-03) Item 8 Accept Petition/Order Feasibility Report/03-13/14259 Woodbine Street NW/SS & WM (See Resolution RI21-03) Item 9 Accept Feasibility Report/Waive Public Hearingl03-18/16150 Crosstown Blvd. NW (Constance Free Church)/SS (See Resolution RI22-03) Item 12 Approve Release of Letter of Credit #03-09/Plans and Specs!02-49/Woodland Estates 4th Addition Item 12a Consider Special Use Permit AmendmentlNature's Run (See Resolution RI23-03) Councilmember Jacobson stated on Item 9, he is concerned with it appears they are proceeding on this and they have not received anything ITom the Met Council that they can go up into this area. He ~ - - - Regular Andover City Council Meeting Minutes - June 3, 2003 Page 5 asked if they need to have Met Council approval on this. Councilmember Orttel stated he thought at a previous meeting they were told this was approved. Mr. Bednarz stated that Met Council has approved the Comprehensive Plan Amendment that brought the church site into the boundary. Motion by Knight, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE FINAL PLAT/CONSTANCE CORNERS Councilmember Jacobson stated he had this pulled because on the plat, lower left, there is an extension of Sycamore Street that goes south to the existing Sycamore Street and there is not enough room to put the street in. The understanding was there was either going to be a change in the plat showing the property had been acquired so they could put the street in or some other vehicle and it is not shown in the plat or in the Resolution and they need to make sure that Sycamore Street North- west can be built in some fashion. Councilmember Orttel asked if the land swap did not work. Councilmember Jacobson stated if the land swap was done, it needs to be shown on the fInal plat and if it is not done, they need to have a legal document showing it will be done. Mr. Bednarz explained his understanding was it was not resolved yet so it was not part of the [mal plat and a condition does need to be added to the Resolution so they make sure this is worked out. Mr. Greg Schlenk, Bruggeman Homes, stated they are getting clear title to this property and they would like to get this as a separate deed. Motion by Jacobson, Seconded by Orttel, to approve Item 10 (Approve Final Plat/Constance Comers) and add Item 8 to the Resolution stating "subject to the necessary documents to ensure Sycamore Street NW can be constructed which lies outside of the plat". Motion carried unanimously. (See Resolution RI24-03) ASSESSMENT HEARlNG/SUNRlDGE DELINQUENT ASSESSMENTS/99-36 City Finance Director Dickinson explained payment of the fIrst half principal and interest on the assessments in Sunridge, Project 99-36 was due on April 15, 2003. The payment was not received by the City by the due date; therefore, notice was sent to the developer that the City could redeem his letter of credit and certify the balance due to the 2004 property taxes. At the May 20, 2003 meeting, Council declared the assessments to be in default and ordered the public hearing. Mr. Dickinson stated the developer has paid the assessments on several of the lots. The developer has been notified of the assessment hearing. Mr. Dickinson stated to this date the developer has made some progress on the sale ofIots within the Sunridge development. There were fourteen lots in default and since then four lots have been closed and the City has received $42,600 for the four properties. The developer has also made payment of ~~. -- Regular Andover City Council Meeting Minutes - June 3, 2003 Page 6 $8,200 which would make the fust half payment on the remaining ten lots. Seeing that this was paid after the due date, it still leaves the developer in default of the contract. It is at the discretion of the Council as to whether or not they want to pursue calling the letter of credit and certifying the residual balance to the property taxes next year. At this point in time, the development contract does authorize the Council to certifY these to the taxes. Councilmember Jacobson asked what the total amount outstanding is. Mr. Dickinson stated the total letter of credit outstanding is $73,000; it is not the full amount of the assessments. He explained $98,116.74 is outstanding and if they call the letter of credit, they would have outstanding $25,116.74 with the payments to date and they do have an administrative charge that would be applied to that amount, which would be $3,061.74 per lotfor a total of$30,617.40. Councilmember Orttel stated they paid what was due to date, but they paid it after April 15. Mr. Dickinson stated they paid it a month and a half late. Councilmember Knight asked if a reason was given why it was paid late. Mr. Dickinson stated he was told that they forgot but the City sent numerous letters to this developer and there was no response. Councilmember Orttel asked what the benefit is to calling the letter of credit. Mr. Dickinson stated they would be the main lien holder and they would get paid sooner on the assessments. Councilmember Trude asked if their next payment would be due in October. Mr. Dickinson stated the next payment would be due in September for $8,200. Councilmember Trude stated she was concerned with a shortfall. Mr. Dickinson stated since this was initiated, four lots closed immediately. He stated there is some activity. Councilmember Knight asked if there was a precedence problem. City Attorney Hawkins stated they have done it in the past and it is up to the Council to decide what to do. Councilmember Jacobson stated his understanding is they are up to date but they were a month and a half late in getting the payment made. Mr. Dickinson stated that was correct. Councilmember Jacobson stated that since they are up to date but were late in the past, they authorize staff in advance to let the property owners know that they expect all future payments to be paid on time or they will automatically be taken down on the letter of credit and put the rest on property taxes. Motion by Trude, Seconded by Knight, to open the public hearing at 8:04 p.m. Motion carried unanimously. No one wished to speak to the Council. - Regular Andover City Council Meeting Minutes - June 3. 2003 Page 7 Motion by Knight, Seconded by Jacobson, to close the public hearing at 8:04 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, to acknowledge that financially the landowners arenowup to date, but they were a month and a half late in making their payment and the Council does expect them to make their next and all future payments on time or they will draw the letter of credit and certify the rest of the payment to the property taxes and declare them in default. Mr. Dickinson requested the Council to direct staff not to redeem the letter of credit. Councilmember Orttel asked if they had any costs incurred that need to be recovered. Mr. Dickinson stated they were mainly administrative costs and fairly minimal. Motion carried unanimously. Motion by Trude, Seconded by Knight, to direct Staffnot to redeem the letter of credit as previously directed by Council at the May 20, 2003 Council Meeting on the Sunridge Project. Motion carried unanimously. CONSIDER RESOLUTION/02-39/RED OAKS MANOR 1ST - 4lli ADDITIONS AND UNPLATTED PORTIONS OF SECTIONS 33 & 34/STREET LIGHTING - CONTINUED Councilmember Jacobson stated he would re&ain from voting because of conflict of interest. City Engineer Berkowitz indicated this item is continued from the last meeting to allow City staff and the City Attorney to determine if the Chapter 429 law applies to the street lights that have been petitioned for by the neighborhood. Mr. Berkowitz explained it has been determined that since this is a service that is being provided by Connexus Energy and not an assessment, the City is not obligated to follow the State Statute Chapter 429 requirements. Mr. Dickinson stated the street lights would not be owned or operated by the City but will be installed and owned by Connexus and the costs would be billed back to the residents through the utility. City Attorney Hawkins stated it was his understanding they were originally running 429 and holding public hearings and ordering specifications but after discussing it they determined it was past practice to authorize Connexus to install the lighting and Connexus would charge for the installation, services and maintenance which would be billed quarterly to the residents. The cost would be higher because it would include installation costs. He stated because the City will not own or assess for the lights, the 429 process does not apply and he is satisfied this is an acceptable way to proceed on this project. City Attorney Hawkins explained the 429 process to the residents. - --- Regular Andover City Council Meeting Minutes - June 3, 2003 Page 8 Councilmember Trude stated one of the questions they had was the monthly billing with Connexus and asked if Connexus is willing to look at the payment plan and re-evaluate it. Mr. Dickinson stated staff could talk to them about this but what is proposed is probably what the standard process is. Mr. Dickinson stated the City has the flexibility in how the billing can be directed from Connexus. If the Council wants staff can evaluate the way they pass the costs on and to be able to extend them in these types of situations. Councilmember Trude stated there is one homeowner that has nine City ornaments that the resident has to mow around and they would like the City to look at putting the street light across the street. Mr. Berkowitz stated they can look at the layout and decide where the lights should go. Councilmember Knight asked if there is any change in the number of petitioners. Mr. Berkowitz stated at this point, the petitions are the same as what was brought to the previous Council meeting. Councilmember Orttel stated he is uncomfortable with this because they are giving entire control of installation to the power company. City Attorney Hawkins stated the City can ask Connexus what they would charge to put the lights in and the Council would need to make the determination if it is reasonable. The City can always run the 429 process themselves if they have some concern about dealing in this manner. Mr. Erar stated the downside is this is a system powered by Connexus and if they go through someone else, Connexus could choose not to maintain the poles. Councilmember Orttel stated if they did this under a 429, they would have a spec. that everyone would need to follow this. He is concerned with not only the monopoly on providing the power but also a monopoly on installing the lighting. Mr. Dickinson stated technically this is not a monopoly, it is somewhat regulated and there are other companies that could come in. He explained that if they would start the 429 process, there would be costs incurred with it. Councilmember Orttel stated his concern was if they are getting the best price and the best way to go. Discussion ensued regarding issues with not getting bids for the best price. Councilmember Jacobson stated if they looked at the bid, almost two-thirds of the costs were for the jacking of the wires underground. When you go into a new development, it is fairly easy to do but when they go into a development already there, they need to jack under driveways and under the ground which costs more. He explained that if they go with a private company and a pole is hit and falls down, they will have to contract out and a new pole will need to be installed and paid for but if Connexus installs it, they will replace the pole with outany cost to the homeowner. Mr. Tim Conroy, 2116 139th Avenue NW, stated he still liked it dark at night and lights will not help people driving at night. He stated it is an expensive novelty to have. He was disappointed more people in his neighborhood did not respond to the petition. He asked that the Council postpone this or study it a little more. Regular Andover City Council Meeting Minutes - June 3, 2003 Page 9 Mayor Gamache asked if the City considered looking at the way they billed this out to the residents. Mr. Dickinson stated they could look at this but he thought Connexus would remain consistent on their pricing because Connexus would need to be consistent with what they charge other cities. He stated they could use the utility cost of street lighting to bridge the gap of a year or two. Councilmember Jacobson stated there were two proposals and the Resolution did not distinguish which one they would go with. Councilmember Trude thought they were going with the standard. Mr. Berkowitz explained they could look at the development to the north to see what they have to keep them consistent. Councilmernber Knight asked if there was any criteria regarding how many or how far apart the lights would be. Mr. Berkowitz stated they would have to look at what the foot candle requirement is. Motion by Orttel, Seconded by Trude, to approve the Resolution authorizing Connexus Energy to provide service for street lighting for Project No. 02-39/Red Oaks Manor 151_ 4th Additions and Unplatted Portions of Sections 33 & 34. (See Resolution RI25-03) CounciImember Trude stated she would like staff to take a look at the standards and try to fmd ways to lower the cost. Councilmember Orttel stated he would like staff to look at the property on 138th and Nightingale. Motion carried 4 ayes, 1 present (Jacobson). RECEIVE UPDATElSKATEBOARD PARK/OI-5 City Engineer Berkowitz indicated this is an update as to the status of the skateboard park regarding issues of littering, loitering, etc. and also the possibility of considering a skateboard park attendant and funding options to pay for the attendant. He stated Commissioner Dorrie Peterson of the Park Commission has taken the initiative to meet with the users to change their behavior and to be responsible to keep the park clean. Mr. Dickinson discussed the funding options with the Council. He explained the budget reduction plan does remove the funding for the Skate Park Attendant and there is no funding for an attendant. Councilmember Jacobson asked how many hours a day the attendant would be at the skate park. Mr. Dickinson stated it would be 8:00 a.m. to 8:00 p.m. seven days a week with several part time attendants for the summer. Councilmember Knight asked if there had been any changes to the skate park. Mr. Dickinson stated the indication from Commissioner Peterson is she has seen improvements. Councilmember Trude stated she talked to Commissioner Peterson and her recommendation was to chain the garbage cans Regular Andover City Council Meeting Minutes - June 3, 2003 Page 10 down. Mr. Dickinson stated in regard to putting a pop machine outside they do not have a conduit outside so there would be some expenses. Mr. Erar stated they have a sign posted limiting the number of minors allowed in City Hall which has improved that problem. He felt with the changes they could maintain the skate park with minimal expense. Councilmember Orttel asked if twenty-five people a day is a conservative number when figuring out the number of kids using the park. Mr. Dickinson stated when they put together a funding proposal last year he went out on several occasions and counted the number of kids there and projected that number. Mr. Dickinson stated his recommendation would be not to have an attendant and to have volunteers continue to be at the skateboard park. Councilmember Knight asked what the liability factor is for volunteers. Mr. Dickinson stated they have a specific policy in regard to volunteers. Mayor Gamache asked in regard to the garbage cans, are there other ways to work this out and has the Parks Department thought of different ways. Mr. Berkowitz stated they can work with the Parks Department on a solution to this problem. Councilmember Jacobson stated his suggestion would be not to charge for anything and to have volunteers and if problems persist, shut the skateboard park down. Council consensus was to continue with the way they have been going with the Skate Park until further notice. FUNDING OPTIONIPRAIRIE KNOLL PARK City Finance Director Dickinson stated Finance reviewed the City's Park Improvement Fund for potential funding of the project, and concluded that dollars are currently unavailable in the Park Improvement Fund to fund the Phase II improvements. If the Council desires to continue forward with the project, Finance would suggest utilizing funding from the Permanent Improvement Revolving (PIR) Fund. The dollars recommended from the PIR Fund are from assessment payments assigned to the PIR Fund from projects that have fulfilled their debt service requirements and are not required to be part of an assessment project to be spent, although requires a four-fifths vote of the Council to authorize expenditure. If the Council desires to use this funding, Finance will prepare a resolution authorizing expenditure. Councilmember Jacobson asked instead of an outright grant, could this be fashioned in the form of a loan to the Park Commission which would be paid back over a number of years with the funds that would become available to them in the future. Mr. Dickinson stated they could put this with a - Regular Andover City Council Meeting Minutes - June 3, 2003 Page 11 payback function on it that would be preferable to him. Mr. Erar asked what the likelihood would be of the Park Commission having funds available to them because he thought the funds were already committed to future park projects. Mr. Dickinson stated in the next few years, it would be highly unlikely. Councilmember Orttel was concerned with using the "rainy day" fund for parks, not what he would consider an emergency. He would much rather see it as a loan with or without interest. Councilmember Trude stated one of the things the Park Commission talked about was using their $50,000 a year allocation to pay back a loan and the Council took it out of the budget so they have lost their discretionary funds. Mr. Dickinson stated this project is slotted for completion in the future. It would not be completed in the next two years so they would be able to grade and seed but if it is not irrigated, it would be a waste. Councilmember Trude moved to utilize the fund to get the project moving and with the understanding that $50,000 of this would come ITom future park dedication funds ITom the Andover Station project. Mr. Dickinson stated this would be put in the form of a Resolution that would be brought back to the Council for approval. He explained a motion was not necessary at this time. Councilmember Jacobson stated his intention was if they were going to loan the Park Commission $150,000, they should pay back the entire amount over five or six years. Councilmember Trude stated she did not think this was feasible. Mr. Erar stated there is a list of Park projects that the Commission prioritized over the next five to seven years. While the notion of having them repay $50,000 or the full amount will be a very difficult challenge for the Park Commission given the other park projects coming in as well as the fact that the number of housing units coming in are falling off. Council consensus was to authorize funding for Phase II improvements of Prairie Knoll Park to come from the Permanent Improvement Revolving (pIR) Fund with the Park Commission paying back the entire $150,000 over a number of years if feasible. APPROVE REFUSE HAULER LICENSE City Administrator Erar explained the City Council is requested to approve the following hauler licenses, in addition to BFI's license; Ace Solid Waste, Inc.; Walter's Recycling and Waste Management. The haulers all do commercial and residential hauling. This item was pulled by Councilmember Knight for questions but after reviewing the information, the questions were answered. Motion by Trude, Seconded by Jacobson, to approve Item No. 11 (Approve Refuse Hauler License). Motion carried unanimously. Regular Andover City Council Meeting Minutes - June 3, 2003 Page 12 MAYOR/COUNCIL INPUT (Speed Limit Signs) - Mayor Gamache stated while driving through northeast Minneapolis on East River Road he noticed signs posted with speed limits that were printed up and he wondered if this could be done in certain neighborhoods in their City that has speed issues. Councilmember Trude stated the olÙY problem is the signs would need to be rotated in order to be noticed. Mr. Erar stated he would check into this and get back to the Council. (Community Center Meeting) - Mayor Gamache updated the residents on the meeting on June 4th at the Elementary School. He stated the meeting will be an update on the Community Center. It will start with an overview and they will open it up to a question and answer session. Councilmember Jacobson asked if there should be a time limit set for people to speak. Mayor Gamache stated they would try to keep it flowing and limit it to five minutes for each question. Councilmember Trude stated they could have comment cards available in case people do not want to address the Council. Councilmember Knight stated he would urge people who have a concern to be there. Mayor Gamache stated he would welcome emails and phone calls and hopefully they will have all the questions answered. (Andover and Hanson Boulevard Intersection) - Councilmember Orttel stated he was trying to figure out a way to clear up the congestion on the Hanson Boulevard and Andover Boulevard intersection. He did not know why the County will not resolve the problem. The City bought the right-of-way for Hanson Boulevard and he was wondering what that meant. City Attorney Hawkins stated they conveyed it to the County so they lost control at that time. Councilmember Trude thought his idea of making the area three lanes to accommodate the congestion was a great idea. Councilmember Orttel stated he talked to the County Board Chair over the weekend and they are concerned with some of the City's actions and want to meet with them. He asked if there was some way staff could meet with the County on this. Mr. Berkowitz stated they could discuss this with the County again. (Storm Water UtilityBrochure) - CounciImember Orttel asked if the brochure would be going out to everyone. It was noted it has already gone out. Mr. Erar stated they have a public informational meeting on June 9th for the Storm Water Utility. A public hearing would then be held on June 17th and then they would go for an Ordinance approval after the public hearing. Motion by Jacobson, Seconded by Orttel, to adjoum. Motion carried unanimously. The meeting adjourned at 9:15 p.m. Regular Andover City Council Meeting Minutes - June 3, 2003 Page 13 Respectfully submitted, Susan Osbeck, Recording Secretary