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HomeMy WebLinkAboutCC May 6, 2003 C1Yt.J~ 0-4-- CITY OF ANDOVER l}..i~ 5-2005 1685 CROSSTOWN BOULEVARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US Regular City Council Meeting - Tuesday, May 6, 2003 Executive Session - 6:00 p.m. Kottkes' Special Assessments Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval I. Approval of Minutes (4-15-03 Regular; 4-23/03 Special) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Raffle and Bingo Permit/Andover Family Fun Fest - Clerk 4. Consider Request/Pov's Sports Bar & GrilVOutdoor Concert & Extension of Liquor License - Clerk 5. Approve Temporary 3.2% Malt Liquor License/Lions Club/Andover Family Fun Fest - Clerk 6. Approve Negative Declaration on Need for EIS/Comments on EA W for Andover Station North - Planning 7. Approve Lot Split/838 Crosstown Blvd. - Planning 8. Approve Final PlatIWoodland Creek Golf Course Villas - Planning 9. Accept Drainage & Utility Easement Grant/Rural Reserve Trunk/03-2/Woodland Creek Golf Villas - Engineering 10. Award Bid/02-43/Sunshine Park Soccer Field Lighting - Engineering II. Award Bid/Streets & Utilities/02-49/Woodland Estates 4th Addition -Engineering 12. Accept Feasibility Report/Waive Public Hearing/03-1 7/14027 Crosstown Boulevard NW/WM- Engineering 13. Accept Feasibility Report/Order Public Hearing/02-39/Red Oaks Manor I "_4th Additions and Unplatted Portions of Sections 33 & 34/Street Lighting - Engineering 14. Accept Petition/Order Feasibility Report/03-18/16150 Crosstown Boulevard NW (Constance Free Church)/SS & WM - Engineering 15. Award Bid/Streets & Utilities/02-50/Maple Hollow - Engineering 16. Approve Quote/02-2/Sunshine Park Picnic Shelter-Engineering 17. Award Bid/03-3/2003 Crack Sealing - Engineering ] 8. Award Bid/03-4/2003 Seal Coating - Engineering 19. Award Bid/03-6/2003 Overlay-Engineering 20. Approve Change Order #2/99-15/Water Treatment Plant - Engineering 2 I. Approve Variance/Temporary Living Quarters/1545 I Prairie Road - Planning 22. Approve Ordinance No. 205B Amendment/Adopt New State Building Code - Building Discussion Items 23. Public Hearing/Abatement of Nuisance /Dog - Clerk 24. Consider Park & Recreation Commission Recommendation/Skateboard Park/O I -5 - Engineering 25. Consider Amending Ordinance No. 266/ModifYing Rental Housing Licensing - Planning 26. Consider Comprehensive Plan Amendment/Adopting Park Study Addendum - Parks 27. Consider Amendment to Ordinance 10/Park Dedication Fees - Parks 28. Consider New City Logo Design - Planning Andover Regular City Council Meeting Tuesday, May 6, 2003 Page Two 29. Consider Youth First Donation - Finance Staff Item 30. Consider Developers Request to Study Extension of Sanitary Sewer/Harstad Companies - Planning 31. Consider Property Owners Request/Expand MUSA to Allow Sewer Extension/Boyum Family - Planning 32. Consider Developer RequestIWoodland Development/MUSA Swap (Continued) - Planning 33. Authorize Expenditure/03-l9/Cleaning of County Ditch 57-Branch No.5 - Engineering 34. Consider Ordering Plans & Specs/03-1/Prairie Knoll Park - Engineering 35. Schedule City Council Workshop/Community Center Project - Administration Mayor/Council Input Adjournment Executive Session: a. City Administrator Performance Evaluation - Administration Regular Andover City Council Meeting . Minutes - May 6, 2003 Page 20 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -MAY 6,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .....................................................................................................1 RESIDENT FORUM ..................................................................................................................1 AGENDA APPROV AL .............................................................................................................1 APPROVAL OF MINUTES.......................................................................................................2 CONSENT ITEMS Approve Payment of Claims.................................................................................................2 Approve Raffle and Bingo Permit/Andover Family Fun Fest..............................................2 Consider RequestIPov's Sports Bar & Grill/Outdoor Concert & Extension of Liquor License .......................................,.....................................................................................2 Approve Temporary 3.2% Malt Liquor License/Lions Club/Andover Family Fun Fest .....2 Resolution R089-03 approving Negative Declaration on Need for ElS/Comments on EA W for Andover Station North ....................................................................................2 Resolution R090-03 to approve Lot Split/838 Crosstown Boulevard.........................2 Resolution R09l-03 approving Final Plat/Woodland Creek Golf Course Villas ................2 Accept Drainage & Utility Easement GTant/Rural Reserve Trunk/03-2!Woodland Creek Golf Villas ............................................................................................................2 Resolution R092-03 awarding Bid/Streets & Utilities!02-49/Woodland Estates 4th Addition ...........................................................................................................................2 Resolution R093-03 accepting Feasibility Report/W aive Public Hearing/03-17/14027 Crosstown Boulevard NWIWM ......................................................................................2 Resolution R094-03 accepting Feasibility Report/Order Public Hearing/02-39/Red Oaks Manor 1 st - 4th Additions and Unplatted Portions of Sections 33 & 34/Street Lighting............................................................................................................................2 Resolution R095-03 to accept Petition/Order Feasibility Report/03-18/16150 Crosstown Boulevard NW (Constance Free Church) ...................................................................2 Resolution R096-03 awarding Bid/Streets & Utilitiesl02-50/Maple Hollow ......................2 Approve Quote/02-2/Sunshine Park Picnic Shelter .............................................................2 Resolution R097-03 awarding Bid/03-3/2003 Crack Sealing .............................................2 Resolution R098-03 awarding Bid/03-4/2003 Seal Coating ................................................2 Resolution R099-03 awarding Bid/03-6/2003 Overlay........................................................2 Resolution RIOO-03 approving Change Order #2/99-15/Water Treatment Plant ................2 Approve Ordinance No. 205B Amendment/Adopt New State Building Code ...................2 APPROVE V ARIANCE/TEMPORARY LIVING QUARTERS/15451 PRAIRIE ROAD Resolution RIOI-03 to approve.............................................................................................3 PUBLIC HEARING/ABATEMENT OF NUISANCE/DOG Motion to open and Close Public Hearing.............................................................................4 Resolution RI02-03 to order Removal ofDog......................................................................4 CONSIDER PARK & RECREATION COMMISSION RECOMMENDATION/SKATE BOARD P ARK/01-5 .............................................................................................................5 CONSIDER AMENDING ORDINANCE NO. 266/MODIFYING RENTAL HOUSING LICENSING , - -- Regular Andover City Council Meeting Minutes - May 6, 2003 Page 21 Regular Andover City Council Meeting Minutes -May 6, 2003 Table of Contents Page ií Motion to approve (Ordinance 266A) ..................................................................................8 CONSIDER COMPREHENSIVE PLAN AMENDMENT/ADOPTING PARK STUDY ADDENDUM Resolution RI03-03 to adopt.................................................................................................9 CONSIDER AMENDMENT TO ORDINANCE 10/P ARK DEDICATION FEES Motion to approve (Ord. 1 OHH) ............................................................................................9 CONSIDER NEW CITY LOGO DESIGN Motion to authorize................................................................................................................10 CONSIDER YOUTH FIRST DONA TION................................................................................l 0 CONSIDER DEVELOPER'S REQUEST TO STUDY EXTENSION OF SANITARY SEWER/HARSTAD COMP ANIES......................................................................................ll CONSIDER PROPERTY OWNER'S REQUESTÆXPAND MUSA TO ALLOW SEWER EXTENSION/BOYUM FAMILY .........................................................................................12 CONSIDER DEVELOPER REQUEST/WOODLAND DEVELOPMENTIMUSA SWAP (CONTINUED) .....................................................................................................................12 AUTHORIZE EXPENDITURE/03-1 O/CLEANING OF COUNTY DITCH 57-BRANCH NO. 5......................................................................................................................................14 RESOLUTION RI04-Ø3 TO AWARD BID/02-43/SUNSHINE PARK SOCCER FIELD LIGHTING ......................................................................................................................................:.............14 RESOLUTION RI05-03 ORDERING PLANS & SPECS/03-1/PRAIRIE KNOLL PARK .....17 SCHEDULE CITY COUNCIL WORKSHOP/COMMUNITY CENTER PROJECT...............17 MA YORlCOUNCIL INPUT Discuss Building Permit Fee for the Concession Building at Andover High School............18 Anoka County Historical Society Dinner ..............................................................................18 Annual YMCA Meeting ........................................................................................................18 Anoka County Elected Official Dinner..................................................................................19 County Official Meeting ........................................................................................................19 ADJOURNMENT .................................................................................................................19 -- CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - MAY 6,2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 6, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MirmesotL Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel City Finance Director, Jim Dickinson Assistant City Engineer, Todd Haas Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM There was none. AGENDA APPROVAL Councilmember Jacobson stated in Item 7, there should be one change to the information. It shows two Tracts, Tract A and Tract B, and he would like it to read that Tract B should exit onto Prairie Road and not onto Crosstown Boulevard because it is too close to the intersection to exit onto Crosstown Boulevard. Add Item 36, (Discuss Building Permit Fee for the Concession Building at Andover High School). Remove from Consent Items for Discussion Items 10, (Award Bid/02-43/Sunshine Park Soccer Field Lighting); and Item 21, (Approve Variance/Temporary Living Quarters/15451 Prairie Road). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended. Motion carried unanimously. Regular Andover City Council Meeting Minutes - May 6, 2003 Page 2 APPROVAL OF MINUTES April 15, 2003, Regular Meeting: Correct as written. April 23, 2003, Special Meeting: Correct as amended. Motion by Trude, Seconded by Jacobson, approval of the April 15, 2003 Minutes as indicated above. Motion carried unanimously. Councilmember Trude stated in the Special Meeting, on page two, the amount of the property was listed in the minutes as being appraised at $59,000 and it should be $49,000. Motion by Trude, Seconded by Jacobson, to approve the April 23, 2003 Minutes as amended above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Raffie and Bingo Permit/Andover Family Fun Fest Item 4 Consider Request/Pov' s Sports Bar & Grill/Outdoor Concert & Extension of Liquor License Item 5 Approve Temporary 3.2% Malt Liquor LicenselLions Club/Andover Family Fun Fest Item 6 Approve Negative Declaration on Need for EIS/Comments on EA W for Andover Station North (See Resolution R089-03) Item 7 Approve Lot Split/838 Crosstown Blvd. (See Resolution R090-03) Item 8 Approve Final Plat/Woodland Creek Golf Course Villas (See Res. R091-03) Item 9 Accept Drainage & Utility Easement Grant/Rural Reserve Trunk/03-2!Woodland Creek Golf Villas Item 11 A ward Bid/Streets & Utilities!02-49/W oodland Estates 4th Addition (See Resolution R092-03) Item 12 Accept Feasibility Report/Waive Public Hearings!03-17/14027 Crosstown Boulevard NWIWM (See Resolution R093-03) Item 13 Accept Feasibility Report/Order Public Hearing/02-39/Red Oaks Manor 1st _ 4th Additions and Unplatted Portions of Sections 33 & 34/Street Lighting (See Resolution R094-03) Item 14 Accept Petition/Order Feasibility Report/03-18/16150 Crosstown Boulevard NW (Constance Free Church)/ SS & WM (See Resolution R095-03) Item 15 A ward Bid/Streets & Utilities!02-50/Maple Hollow (See Resolution R096-03) Item 16 Approve Quote/02-2/Sunshine Park Picnic Shelter Item 17 Award Bid/03-3/2003 Crack Sealing (See Resolution R097-03) Item 18 Award Bid/03-4/2003 Seal Coating (See Resolution R098-03) Item 19 Award Bid/03-6/2003 Overlay (See Resolution R099-03) Item 20 Approve Change Order #2/99-15/Water Treatment Plant (See Resolution Rl 00-03) Item 22 Approve Ordinance No. 205B Amendment/Adopt New State Building Code Regular Andover City Council Meeting Minutes - May 6, 2003 Page 3 Motion by Knight, Seconded by Trude, approval of the Consent Agenda as read. Councilmember Jacobson stated in Item 13, there is a staff note that states this requires a four/fifths majority vote and he believed it only required a simple vote. Motion carried unanimously. APPROVE VARlANCE/TEMPORARY LIVING QUARTERS/15451 PRAIRIE ROAD Community Development Director Neumeister explained the applicant is seeking approval of a variance to allow them to live in the existing house while a new house is constructed on the same property. CounciImember Jacobson stated he had this pulled because when they have a variance request they have to find a hardship and as he reads this there is not a hardship in a traditional sense. He thought they needed to send information back to the Planning Commission stating they cannot under the traditional variance, grant a variance. If the rest of the Council thinks they should be doing this, they should send it back to the Planning Commission for study. Mr. Neumeister stated in the Planning Commission minutes Commissioner Jasper stated they might want to consider an amendment to the Ordinance because they felt it should not be a variance and there should be something in the Ordinance. Motion by Jacobson, Seconded by Knight, to approve Item 21 (Approve VariancefTemporary Living Quarters/I 5451 Prairie Road). Motion carried unanimously. (Resolution RlOl-03) PUBLIC HEARING/ABATEMENT OF NUISANCE/DOG City Finance Director Dickinson explained Mr. Marc Schulte, 2539 134th Lane NW, owns a pit bull that has been cited many times for running at large and not being licensed. Mr. Dickinson stated the owner of the pit bull has been mailed a notice of the public hearing as well as a copy of the dog ordinance. Several of the complainants have also been notified of the meeting. The City Council is requested to declare the dog a nuisance and adopt a resolution to either have the dog confiscated and destroyed in a proper and humane manner; or order the dog to be removed from the City permanently. CounciImember Jacobson asked if the dog was licensed now. Mr. Dickinson stated he did not believe it is. Motion by Knight, Seconded by Jacobson, to open the public hearing at 7:13 p.m. The motion - -- Regular Andover City Council Meeting Minutes - May 6, 2003 Page 4 carried unanimously. No one wished to address the Council. Motion by Orttel, Seconded by Jacobson, to close the public hearing at 7:14 p.m. The motion carried unanimously. Councilmember Knight asked if anyone has been bitten or if the issue was the dog running at large. Mr. Dickinson stated that the police reports indicate the issue was the dog running at large and he had expected people to be at the meeting. Mayor Gamache asked why they have two different ways of doing this. Mr. Dickinson stated part of this was they needed to look at if there is a danger rrom the dog. Councilmember Trude asked if they classified different breeds of dogs as being more dangerous than others. Mr. Dickinson stated he did not think they did but there are indications that certain breeds are more dangerous than others. Councilmember Knight stated he would not have a problem with having the dog removed ITom the City but he would not want the dog destroyed. Councilmember Jacobson stated there are five tags against it over a period of a year, it is still not licensed, and if the owner was interested, he would be at the meeting. Motion by Jacobson, Seconded by Knight, to order removal of the pit bull from the City permanently. The motion carried unanimously. (Resolution Rl 02-03) CONSIDER PARK & RECREATIONCOMMISSION RECOMMENDATION/SKATEBOARD PARK/OI-5 Assistant City Engineer Haas explained this item is in regard to the skateboard park behind City Hall and issues that have been raised by the Park & Recreation Commission and City staff. The Park and Recreation Commission approved a motion to recommend removing the skate park equipment for the remainder of the year due to persistent problems that are occurring such as damage to picnic tables, loitering, and incidents of fighting. In one of those cases a deputy was called to follow up on the fight. Councilmember Trude stated she was surprised that the equipment went out and no attendant was out there and she thought that they had it in their budget to hire an attendant. Mr. Dickinson stated they had this in the budget for this year starting June 1. Mr. Erar stated this was part of the budget reduction plan so they advertised for parent volunteers and , - Regular Andover City Council Meeting Minutes - May 6, 2003 Page 5 they have not received any so far. Mr. Dickinson stated the cost for an attendant would be between $13,000 and $15,000 for June through August. Councilmember Trude asked if they take away the skate equipment, would that change kids coming into City Hall. Mr. Haas stated they would put out the hockey nets for inline hockey skating. Councilmember Trude stated she had seen a fight occur after an adult event at Sunshine Park and the police car and ambulance came. She asked if this has happened since that time. Mr. Haas stated he did not think anything else occurred but there is still a problem with littering. Councilmember Trude asked if they pulled the equipment and installed inline skating, would the problem go away. Mr. Haas stated they would probably get a different kind of kid for inline skating. Mayor Gamache asked if there was anyone on the skateboard task force at the meeting. There was not; however, some children were present to talk to Council. Brian _??, 1356 13 7th Lane NW, presented a petition from the kids at the school asking they keep the skateboard park open and he thought if the City would close the skate park there will still be problems. Alex Myslak, 14152 Jonquil Street, stated they should not close down the skate park. Kids would still want to skateboard and they would skateboard on public property which would be worse. Mayor Gamache asked the kids if they were there a lot and if they witnessed any of the issues. Both kids stated they were there everyday and they did not see any fights and only heard about one. Mayor Gamache asked if the skate park was better with an attendant there. Both kids stated it was. Alex Myslak recommended that the city charge to use the park to pay for the monitoring of the park. Councilmember Knight stated they have had problems inside the building also and how would they resolve that Brian _?? stated if there was a skate park attendant, they could monitor the building and keep the kids out of the building. Alex Myslak stated they could put a bathroom outside along with a pop machine which would keep kids outside. Councilmember Knight asked if there would be a possibility of monitoring the skate park themselves. The boys stated they could. Councilmember Trude stated Mr. Haas has been trying to improve things so everything is working better and her concern is the kids are not concerned with cleaning up after themselves. Brian ?? stated they cleaned up the park last week and if they could chain up the trash barrels so kids could not tip them over, that would help. Hailey Esten stated if they have inline skating there, they will still have fights and littering by kids -~, Regular Andover City Council Meeting Minutes - May 6, 2003 Page 6 and teenagers. Councilmember Trude asked if she has seen aoy fights at the park. Ms. Esten stated she has only heard of one fight there but she did not see it. Councilmember Knight stated when they police the situation themselves they have to take it upon themselves to stop problems. This would take a lot of courage. Ms. Esten stated if there was a pay phone out there or a pop machine it would limit the coming aod going in and out of the building. CounciImember Trude asked why the kids would need to use the phone so much. Ms. Esten stated the kids use the phone to call their parents to let them know where they are and if their plans change. Councilmember Trude wondered if City Staffhas talked with their pop vendor about installing a pop machine outside for the kids to use. Mr. Dickinson stated there is a pop machine currently at Sunshine Park and there has been vandalism to it. He stated the City did not provide the machine, it was provided by a vendor. They have had problems with vandalism previously and the vendor indicated to the City they wanted to remove the machine because of the problerns with vandalism. He stated another item is there was a pay phone outside and it was getting tallied at less thao a minute of calls a month and costing close to $70.00 a month so they had the phone removed. Mayor Gamache stated charging for use was brought up before aod he wondered how they would set it up. Mr. Dickinson stated the pay-to-play idea was brought up last year. They would probably use wristbands and need an attendant to make it successful. He stated the cost would still be $8,000 plus for ao attendant. Mayor Gamache preferred that they go to charging aod leaving the skate park open but there were immediate problems that needed to be taken care of such as damage to cars in the parking lot. He stated hiring a park attendant would not alleviate the problem of damage to vehicles. He would have a problem with keeping the park open without an attendant. They are in the middle of possible budget cuts and the attendant would be ao easy one to cut. Councilmember Knight stated they have until June to decide if they could get an attendant. Mr. Dickinson stated he would go along with Mr. Erar on trying to get adult volunteers. Councilmember Knight stated throughout May he would like to have the kids patrol themselves along with volunteers. Mayor Gamache stated he would like to have signs posted and have kids use outside facilities instead of the building bathrooms. Councilmember Trude stated another idea is to not allow more than two kids into the building at once. Regular Andover City Council Meeting Minutes - May 6, 2003 Page 7 Councilmember Jacobson stated they did have problems last year and they have had problerns this year with the skate park. When a person cannot use the facility properly, it should be taken away. Motion by Jacobson, Seconded by Orttel, to authorize removal of the skateboard park equipment for the remainder of the year. Councilmember Trude stated the concern she has is the money they have spent on the parks in the City and skateboarding is a very popular sport. In a lot of cities the kids skateboard on public streets which is dangerous. She has seen similar problems happen in other parts of town. She thought it was important they keep the attendant in the budget because what they are doing seems child unfiiendly because there is not a lot in the City for kids 12 to 18 to do. CounciImember Knight stated the reason they are suggesting this is there is not much time until June 1st. Mayor Gamache stated he is open to one more chance for this and he understands that people pay a lot of money to keep their kids in sports but the point is that someone has to pay to observe these kids because there have been some issues so he would like to see them come up with a plan to cover the cost of an attendant. Councilmember Trude stated they could try the rule allowing only two kids in City Hall at once because the building is not a meeting hall; it is a place to do business. Councilmember Orttel stated the City has become the babysitters for these kids. In all the other sports, the parents are involved and watch. But, with this sport, the City is maintaining an attractive nuisance. Motion failed 2 ayes, 3 nays (Knight, Trude, and Gamache). Councilmember Knight stated he would be willing to try this through May and if things do not improve, then they will lose the privilege. Mayor Gamache asked if there was something they could do during May. Mr. Haas stated they could talk to the CSO and have this person spend a little more time at the park and observe what is going on and talk to the kids. Mayor Gamache asked if they could check into putting a pop machine outside. Mr. Dickinson stated he would see if they could get one installed out at the park but there may be some resistance &om the vendor because of vandalism. Councilmember Trude stated they could have a policy that kids could not be at the park without parental supervision. Mr. Erar stated one of the key issues is phone use. They have already found that putting a phone out there does not work. He stated the volume of kids coming in is disruptive. -~, Regular Andover City Council Meeting Minutes - May 6, 2003 Page 8 Mayor Gamache asked if they could put a restriction on the number of kids coming in at one time or install signs indicating no loitering. Mr. Erar stated it is very hard for the receptionist to monitor the number of kids in the building at one time because the receptionist is kept very busy with City matters. Councilmember Knight stated based on the fact that it is on a very short basis there might be some parent volunteers. Councilmember Trude stated in regard to the phone, it would be better for kids who use the park to have rides already set up before they get to the park. Mayor Gamache stated this item should be brought back at the beginning of June to fmd out how things are going. CONSIDER AMENDING ORDINANCE NO. 266/MODIFYING RENTAL HOUSING LICENSING Community Development Director Neumeister explained since the fall of2002, the planning staff has been working on revising the Rental Housing Ordinance. Councilmember Orttel asked what the thought was behind charging homeowners a fee for renting out a part of their home. Mr. Neumeister stated they would not have to pay a fee on the owners unit, but on the adjacent unit they would have to pay a fee and have it inspected. Discussion ensued in regard to having the owner/occupied units subject to the requirements of the Ordinance. CounciImember Trude thought the Planning Commission was very thorough in reviewing this but she was concerned with owner/occupied dwellings being included in this Ordinance and she would like to have that section removed. The City Council asked if the information in the Ordinance under "Rental Dwelling" could be modified to delete "Any building with two (2) or more separate living units with at least one (1) 1H1Ït for hire" so the owner/occupied dwelling could have the option of being included. Mr. Neumeister stated he would have it changed. Motion by Trude, Seconded by Orttel, to approve Item No. 25 (Consider Amending Ordinance No. 266/ModifYing Rental Housing Licensing) amending to delete the owner occupied units making it voluntary for duplex units to choose to come under the Ordinance. Motion carried unanimously. (Ordinance No. 266A) CONSIDER COMPREHENSIVE PLAN AMENDMENT/ADOPTING PARK STUDY ADDENDUM Community Development Director Neumeister stated this item is in regard to adopting the Park - ,- Regular Andover City Council Meeting Minutes - May 6, 2003 Page 9 Study addendum as a component of the 2020 Comprehensive Plan. Councilmember Trude wanted to make sure they do not err on the commercial dedication because the study had some comments about the commercial but never evaluated or reaffirmed that. Councilmember Jacobson stated this is included in the next item. Councilmember Orttel stated by doing one, they are approving the other. CounciImember Trude stated the City Council reviewed the Park Study and when they reviewed it, there were changes and she wanted to make sure the study was changed before it went to Met Council. Discussion ensued in regard to the study and changes made. Councilmember Trude stated she is uncomfortable with adopting it and she thought they needed to have a workshop before the end of the year to discuss the study. Motion by Jacobson, Seconded by Trude, to adopt the Resolution approving the Park Study as part of the Comprehensive Plan. Motion carried 4 ayes, 1 nay (Orttel). (Resolution R103-03) CONSIDER AMENDMENT TO ORDINANCE IO/PARK DEDICATION FEES Community Development Director Neumeister explained this item is in regard to considering amending Ordinance 10 to incorporate recommendations from Northwest Associated Consultants, Inc. (NAC), Park and Recreation Commission, and Planning Commission regarding park dedication requirements specified in Ordinance 10. Motion by Trude, Seconded by Jacobson, to approve Ordinance 10 amendments as recommended by the Planning Commission. Motion carried 4 ayes, I nay (Orttel). (Ordinance 10HH) CONSIDER NEW CITY LOGO DESIGN City Administrator Erar stated the City logo has been in place for about 20 years and consists of a simple design representing a "c" for City and "A" for Andover. During the last few months, staff pursued various avenues to preparing alternatives to consider for a new City logo. The City engaged art students, solicited drawings and concepts from residents and there were many designs submitted, including some from one member of the Council. At the March 18, 2003 meeting, the Council selected one particular design and directed staff to add a couple of different looking oak trees to the logo design to see what it would look like. Council also directed staff to announce to the residents and anyone interested that they could submit additional ideas for a new logo. Staff put an article in the City's newsletter but no new designs incorporating a tree into the logo have been submitted by the City's residents. At this point, the newest logo designs, incorporating a tree, have been assembled for Council review. Regular Andover City Council Meeting Minutes - May 6, 2003 Page 10 Motion by Knight, Seconded by Orttel, to authorize Logo B. Councilmember Jacobson stated he would prefer a smaller tree. Councilmember Trude and Mayor Gamache agreed. Motion carried unanimously. CONSIDER YOUTH FIRST DONATION Finance Director Dickinson explained a letter requesting funding to Youth First was received recently, and the Council is requested to consider a $5,000 contribution for 2002 and a $5,000 contribution for 2003. Mr. Dickinson explained that Finance has talked to Jan Pomeroy at Youth First and Jim Knutson ITom the City of Anoka about the Youth First request. Mr. Knutson indicated that letters were not sent out requesting funds for the past few years, and that the cities of Ramsey and Anoka also did not make contributions for 2002 and 2003. The City of Ramsey did provide $10,000 once this year's letter went out. The City of Anoka considered the same at a recent Council meeting and authorized a $5,000 contribution and indicated that they would consider the other $5,000 after the current legislative session is complete. Ms. Pomeroy indicated that when she gave a presentation to the Andover City Council in December of2000, the Council approved a $5,000 donation at that time and approved Youth First as a line item in the budget for coming years. The 2001 donation was made from the 2000 Contingency Fund because of the late request and was not placed into the 2001 budget. It does appear ITom the minutes that Ms. Pomeroy's indication of Youth First to be a line item in the budget is correct, but was not followed up on by City Staff or by Youth First. City Staff did not put a line item into the budget, and Youth First did not provide an annual budget to the City as indicated that they would. Mr. Dickinson explained this donation request was not budgeted for in 2003 and the only logical funding source would be the 2003 Contingency. Any funding provided through the Contingency would reduce available funding for unforeseen items. Councilmember Jacobson suggested they table this until the Legislature decides the budget cuts. Motion by Jacobson, Seconded by Knight, to table this item until information regarding the budget cuts come from the Legislature and to have a copy of the budget ITom Youth First. Councilmember Trude asked if the organization has renewed. Mr. Dickinson stated he understands they are working through that process and it would be forthcoming. He stated Youth First understands this is a tight budget time for cities but they are indicating they are a non-profit organization and this is the primary source for their income. -, Regular Andover City Council Meeting Minutes - May 6, 2003 Page 11 Councilmember Trude asked if staff received a budget from Youth First, which they requested. Mr. Dickinson stated he has not seen a budget and he would suggest they bring in a representative to present information to the City Council. Mayor Gamache stated in December 5, 2000 they made a motion to basically approve this. He asked if the Council made a motion for just the $5,000 or also approve adding this to the budget every year. Councilmember Jacobson stated he believed it was for $5,000 and adding it to the budget but it did not get into the budget. Motion carried unanimously. CONSIDER DEVELOPER'S REQUEST TO STUDY EXTENSION OF SANITARY SEWER /HARSTAD COMPANIES Community Development Director Neumeister stated the City has recently received a letter from the Harstad Companies asking the City Council to study the potential to extend the sanitary sewer and watermain up Crosstown Boulevard to serve their property. Councilmember Jacobson asked if this was considered leapfrogging. Mr. Neumeister stated it is not leapITogging. Looking back at the 1999 study, it is another way to look at serving the property without going through someone else's property. Councilmember Jacobson stated they will have to go across some undeveloped properties in order to get to Mr. Harstad's property. Mr. Neumeister stated they would not need to because they would go up the public County owned right-of-way. Mr. Dickinson stated there were some parcels along the road that are not developed at this time. Councilmember Orttel asked how much money they were talking about. Mr. Neumeister stated when the engineer visited with WDB Associated they gave a ballpark number of$15,000 but the quote did not include going back to the Howard R Green study so the number could be slightly higher than that and they do not have an exact number. Mr. Neumeister showed a map of the area and discussed the issues with the Council. Motion by Jacobson, Seconded by Trude, to authorize the study and to pay for a fifty/fifty share of the trunk portion of the study. Mr. Erar suggested what they were trying to do was allocate the cost between the properties benefited by the study. Councilmember Jacobson stated his motion was for fifty/fifty because if the Harstad Companies did not bring this forward and want it looked at, they would not be looking at the study. Mr. Erar stated it may relate to more than fifty percent for the developer once they find out what the percentage would be of the benefiting property. Mr. Neumeister stated he did not know what the percentage spread would be because the study is more than just - Regular Andover City Council Meeting Minutes - May 6, 2003 Page 12 the area along Crosstown. The overall cost cannot be figured out right now. Mr. Neumeister stated City Engineer Berkowitz mentioned there was a recommendation that the study be updated every three years and the engineering company that did the study in 1999 recommended updating the study every three years. Motion carried unanimously. CONSIDER PROPERTY OWNER'S REQUESTÆXPAND MUSA TO ALLOW SEWER EXTENSIONIBOYUM FAMILY Community Development Director Neumeister explained the City has recently received a letter ITom the Boyum Family asking the City Council to consider allowing the expansion of the Metropolitan Urban Services Area (MUSA) to enable their property to be developed. Councilmember Jacobson stated the only thing that worries him is that they have the Rural Reserve at the Met Council. He would be more comfortable approving this after the 2020 plan is approved. Mayor Gamache stated he thought the Met Council would look on this favorably. Discussion ensued regarding information in the Rural Reserve and how this item could change that information. Mr. Boyum stated the reason they keep coming to the CounciJ is because they want to be part of the activity that is going on and they feel they have a very developable piece of property that they are ready to develop now. He thought they have about the only dry land in the area for development. Motion by Orttel, Seconded by Gamache, to authorize staff to start looking at all of the properties that were to be a part of the Rural Reserve north of Constance Boulevard and to start looking towards getting them into the MUSA for future development. Motion carried unanimously. CONSIDER DEVELOPER REQUEST/WOODLAND DEVELOPMENT/MUSA SWAP (CONTINUED) Community Development Director Neumeister explained at the Apri115, 2003 Council meeting, the City Attorney was asked for his opinion regarding the ability to cross a five-acre tract designated as Agricultural Preserve with utilities and streets. This would be necessary to allow urban development on the forty-acre tract that Woodland Development would like to develop. The attorney has responded with an e-mail explaining that the City could allow the streets and utilities to cross the property, but there could not be any assessments to the lands in Agricultural -~ Regular Andover City Council Meeting Minutes - May 6, 2003 Page 13 Preserve. Councilmember Jacobson asked which parcel is buildable. Mr. Neumeister stated Parcel A is within the MUSA and on the maps they show. He stated neither of the parcels was in Ag. Preserve Information regarding the issues brought up at a previous meeting and this meeting was discussed with the Council. Mr. Neumeister stated he was given new information from Connexus Energy in regard to needing a larger power grid if this was approved so in the future they would not need to go back into another development and upgrade this. Mr. Westlund stated he has not seen the layout from Connexus Energy or the costs associated with the development, so this information is new to him. Councilmember Orttel asked if they have a concern about having enough connections in the Rural Reserve to pay for the trunk line and why they could not assign the connections on a parcel such as this, to this new district Mr. Dickinson stated the discussion was swapping between trunk rates versus operational cost rates. He stated there would be a slight modífication that would need to be made. Mr. Erar stated the issue was as long as they achieve a threshold of properties within the Rural Reserve to pay for the cost of the trunk line, they are okay. In this case, they are swapping and he anticipates parcels that would support similar number of units so it is not a concern in terms of the number of connections. He stated the reason for the swap on the parcel is that the parcel Mr. Slyzuk would like to swap is still agriculturally farmed and he wants to continue to farm it. CounciImember Trude stated they are just looking at the transportation plan and they would want to have very good access through the thousand acres. Mr. Westlund stated they are willing to put together a water and sewer study and present it to staff and escrow the money for this. The Council recessed at 9:50 p.m. The Council reconvened at 9:55 p.m. Mr. Al Hanson, 15394 Uplander Street NW, stated he is trying to understand what the 2020 plan, Ag. Preserve and MUSA is all about. He showed a sketch of the development in proportion to where he lives. Mr. Hanson asked the Council to make sure everything is being done that should be done because he felt that the City was speeding toward the future faster than he thought they were prepared for. --0 Regular Andover City Council Meeting Minutes - May 6, 2003 Page 14 Mayor Gamache stated he thought the developer is ready to work with staff to get answers and is willing to pay for the information. Mr. Neumeister stated as they get into this further and start pursuing it, they want to make sure there is more public knowledge in regard to it Motion by Orttel, Seconded by Knight, to have staff prepare a study not to exceed $2,500 and to have the amount escrowed by Woodland Development for Parcel B as a proposed swap for Parcel A to its immediate south. Motion passed 3 ayes, 1 nay (Jacobson), 1 absent (Trude). AUTHORIZE EXPENDITURE/03-19/CLEANING OF COUNTY DITCH 57 - BRANCH NO.5 Assistant City Engineer Haas explained Mr. Slyzuk has requested that the City clean/dredge County Ditch 57-Branch No.5 south of 14181 Avenue. The funding to clean1dredge the ditch has not been included in the 2003 budget. Mr. Haas discussed the information with the Council. Motion by Jacobson, Seconded by Orttel, to authorize expenditures for Project 03-19, Cleaning of County Ditch 57 - Branch No.5 and authorize staff to meet with the affected property owners on either side of the area to be cleaned to explain what is going on and why it needs to be done, have a neighborhood meeting. Councilmember Jacobson asked where the money would be coming from. Mr. Dickinson stated this would have to come out of the general fund, what is allocated towards storm sewer. Councilmember Orttel asked if they could collect any of the money back from the Watershed. Mr. Dickinson stated they would attempt to collect it. The motion carried 4 ayes, 1 absent (Trude). AWARD BID/02-43/SUNSHINE PARK SOCCER FIELD LIGHTING Assistant City Engineer Haas explained the City Council is requested to receive bids and award the contract for Project 02-43, Sunshine Park Soccer Field Lighting. Mr. Hass explained $200,000 was approved as part of the 2003 CIP. The $6,700 for consulting and engineering services is to be funded &om the $200,000. The alternate is for a 10-year maintenance contract on the lighting system. City staff is recommending the alternate bid be funded from Public Works maintenance funds since no maintenance will be required from Public Works for the fIrst 10 years. Additional funds in the amount of $203,600 plus approximately $15,000 to provide 3-phase electric service ITom Connexus Energy from park dedication will be Regular Andover City Council Meeting Minutes - May 6, 2003 Page 15 necessary to do the project. The $10,640.00 is recommended to be funded from the Public Works maintenance fund, which would be spread over a nine-year period. Councilmember Jacobson stated he talked to staff about some of these costs and there were some negative amounts that were very large that the City did not have and he wanted to know where they would be coming up with the money for this. CounciImember Trude returned at 10:05 p.m. Mr. Dickinson stated if the two projects were to be put together, they would not have enough funding to complete the entire process. If they do the Sunshine Park lights, and they proceed to Prairie Knoll Park, those improvements would need to be phased. The analysis is taking into consideration the park dedication fees they would be receiving shortly. He stated they received some park dedication fees today. Mayor Gamache stated if they did not do Sunshine Park lighting, they would not need to phase Prairie Knoll Park. Mr. Dickinson stated they could take off a significant chunk of Prairie Knoll. He talked to a number of associations to see how they would feel if they did take the dollars and migrate them to ward Prairie Knoll. The associations felt it was very important to have the lighting at Sunshine Park rather than Prairie Knoll. Councilmember Jacobson stated when they add the projects together, they come up with $597,000 and they do not have that kind of money. If they install the lights, they would only have enough left at Prairie Knoll to grade it. He did not think that the Park Commission wanted to do this. Mr. Dickinson stated when they prepared the CIP and the cash flow put together, they were looking at 290 platted units but he did not think they would achieve that goal. They were also 100king at an intemalloan from the Capital Equipment Reserve Funds to be able to finance project within this. He stated with the budget shortfall at the State level, those dollars need to be available to cash flow operations rather than construction projects because they would not want to compromise their operations to do a construction project so the internal loan at this point can not be done and he would not recommend it to be done this year. Phasing for Prairie Knoll Park is available based upon the funding. Councilmember Trude asked if there is some playground equipment in storage that they did not put out that they could use for the project. Mr. Haas stated it has been decided that it will be installed in Wild Iris Park so they would not need to make any improvements to this park. Councilmember Trude asked if they were going to leave the Prairie Knoll Park the way it was until the entire park could be completed. Mr. Haas stated this was true. Mr. Dickinson stated they are seeing projected commitments for park improvement funds in the report. He stated those are available funds and all the other areas are things that have already committed money to. Councilmember Jacobson asked if they approve the lights for Sunshine Park, in Prairie Knoll Regular Andover City Council Meeting Minutes - May 6, 2003 Page 16 Park the only things they will be doing in Phase I would be grading, parking 10t, trails and a basketball court. Mr. Haas stated they are trying to do an engineering plan and then they will come back to the Council with what they are recommending on Phase 1. The Council will approve this as part of the Resolution along with the engineering specs. Councilmember Jacobson stated they do not have the money and they will basically get grading in Stage I at Prairie Knoll Park. Mr. Haas stated it would also include seeding and about $57,000 going towards the construction of the building at Prairie Knoll Park. He stated the building would be hopefully constructed this year. Councilmember Jacobson noted they have had a lot of volunteers working on Sunshine Park and he applauds groups for doing this. But they have to realize that once the building is up, it is the City's and the City will control it. He stated that is one of the things they have had problems with at the park but it is on City land. He thanked them for the donation. Mr. Haas stated they usually have an agreement with the associations that they would lease the building each year and he believed this same type of agreement would be at the building at Prairie Knoll Park. Councilmember OrtteI stated it seems that putting lights on a field is like putting icing on a cake and he was wondering if they were allocating money in the right way. Steve Freitag stated it is not an easy situation to compromise one or the other. He stated it was ironic that a few years ago Shadowbrook was scheduled for soccer and then it got switched again to baseball so the sOccer association was again put on hold. He stated the high school is still not available for them and they are at their limits with soccer. Now, with football coming in, it increases the needs. He understands the money situation but he does not know how to help the situation. He asked if there was any brainstorming they could do to see if there are funds available &om other sources or if there are projects close by Prairie Knoll that could be tied together. He stated he has been working on soccer fields in the City for quite a few years and he will take what he can get. Councilmember Trude asked what Mr. Freitag thought about the lighting. Mr. Freitag stated lighting definitely helps because they are growing in their Association where the older ages play longer so to at least schedule two games per field per night it has to go past dark. He stated the fields, if started today would not be ready by this fall. Mr. Chuck Trom stated in regard to the lights, being able to use the fields in Sunshine Park will solve some of the problems. He stated it would fit and fulfill an immediate need for the Associations. He stated they will be losing a field at the high school next year for football. He explained there is not a full size football field in Andover to be used and they will need to have another full size field for football next fall. He asked if there was a way this could be done. Mayor Gamache stated his concern would be the loss of the field next year and if they have to wai~ another year to have the football and soccer fields seeded at Prairie Knoll, they would not be able to do this until 2005. He wondered if it is not a better idea instead of using the funding for - ._-" Regular Andover City Council Meeting Minutes - May 6, 2003 Page 17 the lights to use the money at Prairie Knoll and getting the fields seeded this year. They could grade, put in the irrigation and get the construction of the fields going. The lights on the fields at Sunshine Park would light three soccer fields but would not light a full size football field. Discussion ensued in regard to field placement and if they should install fields instead ofIights at the park. Motion by Jacobson, Seconded by Knight, to approve the resolution accepting bids and awarding contract to Vinco, Inc. in the amount of $207,540.00 for the improvement of Project 02-43, Sunshine Park Soccer Field Lighting. Motion carried unanimously. (Resolution RI04-03) CONSIDER ORDERING PLANS & SPECS/03-I/PRAIRIE KNOLL PARK Assistant City Engineer Haas explained the City Council is requested to order the improvement and direct preparation of plans and specifications for Project 03-1, Prairie Knoll Park. Mr. Haas explained the park improvement is identified in the 2003 CIP. The Park and Recreation Commission has spent the past 6 months reviewing different layouts of the park with the residents, football and soccer associations. The Park Commission at their last meeting recommended Plan B. Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to approve Phase I and authorize staff to continue to look at other possible funding opportunities to go beyond Phase I at Prairie Knoll. The motion carried unanimously. (Resolution RI05-03) SCHEDULE CITY COUNCIL WORKSHOP/COMMUNITY CENTER PROJECT Motion by Councilmember Orttel, Seconded by Councilmember Jacobson, to schedule a Council Workshop on the Community Center Project for Wednesday, May 14,2003 in City Council Chambers at 7:00 p.m. The Motion carried unanimously. MAYOR/COUNCIL INPUT (Discuss Building Permit Fee for the Concession Building at Andover High School) - CounciImember Trude introduced Mr. Tony Howard who presented the obstacles they are facing with building a concession building at Andover High School. He explained he would like the building permit fee for the building to be waived for the City's portion of the fee. Mr. Howard stated there are a number of volunteer contractors willing to give their time and materials to build the concession area. He stated he was looking at the City for any help they could give. . -- -- .-.-- Regular Andover City Council Meeting Minutes - May 6, 2003 Page 18 Motion by Trude, Seconded by Knight, to waive the City portion of the Building Permit Fee for the finish work of the Concession stand at Andover High School in the vicinity of$I,800. Councilmember Orttel asked the City Attorney ifhe saw any issues with doing this. City Attorney Hawkins stated there could be an issue with this because of other requests that might come about ITom others for waiving the fee. He was under the impression that the City could not change the fee amounts and the fees must remain uniform throughout. He understands this is a good cause but the City had better be prepared to be faced with others requesting the City waive their fees. Councilmember Orttel stated instead of waiving this perhaps they could pay for it ITom another department. City Attorney Hawkins stated that way would work. Councilmember Trude stated one permit fee was already paid which was for the exterior of the building. The School District had the plans approved so the fees would be for the finishing work. Mr. Erar stated if they get in the practice of paying a fee for another agency, it is setting a precedent. He stated the school district is realizing this would be a significant improvement to the School and maybe someone could ask the school if they would be willing to pick up the cost of the permit fee in exchange for all the volunteer work. He stated the school district will continue to own the property. Councilmember Jacobson asked if it would be appropriate that they charge the fee but hold it until a later date so they can contact the school or get it ITom another source. Mr. Howard stated if it was going to put the City in a negative light, they would find alternatives to this. Councilmember Orttel asked if they could donate money to the fund there. CounciImember Trude stated they could do that if they could fmd funds for this. Mr. Erar stated there are two options. One is to work with the school board to see if they would be willing to contribute and the other is to look at ways the City could donate the funds. Councilmember Knight withdrew his second for better wording. Motion by Trude, Seconded by Knight, to authorize staff to research a way to fund the expense and to hold the permit fee in abeyance and to direct staff to negotiate with the School District and/or identifY alternate funding resources. Motion carried 1In~nimously. (Anoka County Historical Society Dinner) - Mayor Gamache stated they have an invitation from the Anoka County Historical Society with an event honoring John Weaver for his dedication and commitment in serving the people of the community. They are holding a dinner Thursday, May 291h at the Courtyards of Andover. They were asking the City for their support as a table sponsor to assist in making the dinner and appropriate display of gratitude. He did not know if this is appropriate for the City to pay for but he was looking at possibly doing the table and then collecting donations to fund it and the gift is tax deductible. (Annual YMCA Meeting) - Mayor Gamache stated he attended the annual meeting of the YMCA in Edina and it was a good meeting. They recognized Andover and Elk River as two cities looking to ~ .- Regular Andover City Council Meeting Minutes - May 6, 2003 Page 19 have YMCA's built in their cities. (Anoka County Elected Officials Dinner) - Councilmember Jacobson stated at the Anoka County Elected Officials dinner last week, one of the representatives was talking about the Prairie IslandlXcel Energy settlement and that the tribe could move away &om where they are and purchase 25 hundred acres in a fifty mile radius in Anoka County. He was wondering if the Council would be willing to have the Planning and Zoning Commission look at an Ordinance amendment basically saying no casinos in Andover just to protect them. Councilmember Trude stated if they would choose to go somewhere it would be a matter of a condemnation process and they may not take just one location either. (County Official Meeting) Councilmember Trude stated it was a very productive meeting with the County officials. She stated they are still wishing for legislation to do economic development in a City other than Andover. The legislation is not looking like what they had talked to them about. They were expecting an opt-out provision and there is none. CounciImember Jacobson stated he went to the website which had the latest changes and there is no opt-out. It is basically the same as what they had originally. Councilmember Trude stated at the meeting Councilmember Jacobson did some good lobbying in regard to small development and he asked if they would like to make a donation for the Community Center in the form of road improvement projects since they do not want to offer any money towards an arena like they have in every other city in Anoka County. She stated she thought that was worth pursuing. Motion by Orttel, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :00 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary - -