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HomeMy WebLinkAboutCC April 15, 2003 cJY\1l.-U-t WJ IU1<-tkn 5-0-63 CITY OF ANDOVER 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, April 15, 2003 Call to Order - Following the EDA Meeting Schednled for 5:30 p.m. Pledge of Allegiance Resident Forum . Agenda Approval I. Approval of Minutes (4-1-03 Special Workshop; 4-1-03 Regular Meeting; 4-2-03 Board of Review) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Release of Letter ofCredit/AssessmentsIWoodland Estates 2nd - Finance 4. Approve Reduction of Letter ofCreditlAssessmentsIWoodland Oaks - Finance 5. Approve 2003 CIP Expenditure - Finance 6. Approve Professional Service Agreement/Community Center Project -Administration 7. Approve Raffle PermitINorth Metro Soccer Assn. - Clerk 8. Approve Final PlatIWoodland Estates 4th Addition (continued) - Planning 9. Approve No Parking ResolutionIWoodland Estates 4th Addition - Engineering 10. Approve Plans & Specs/Order Advertisement for Bids/03-2IW oodland Creek Golf Villas - Engineering II. Accept Petition/Order Feasibility Reportl03-17/14027 Crosstown Boulevard NW IWM - Engineering 12. Approve Final PlatIFoxburgh Crossing- Planning 13. Approve Plans & Specs/Order Advertisement for Bids/02-47/Foxburgh Crossing - Engineering 14. Approve NPDES Phase IT Permitl02-31 - Engineering 15. Accept Feasibility ReportlWaive Public Hearing/03-14/13752 Round Lake Blvd NWIWM - Engineering 16. Accept Feasibility ReportlWaive Public Hearing/03-16/16060 Crosstown Blvd NW/SS & WM- Engineering 17. Award Construction Bid/99-8A1Well #8 Pumping System-Engineering 18. A ward Bid/Streets & Utilities/00-421 Aztec Estates - Engineering 19. Award Bid/Streets & Utilities/02-48/Shady Oak Cove (Supplemental) -Engineering 20. A ward Bid/Streets & Utilities/02.50IMaple Hollow - Engineering Discnssion Items 21. Receive Anoka County Sheriff s Department Monthly Report - Sheriff 22. Call for the Sale ofBondslEhlers & Associates - Finance 23. Accept and Approve Fire Station Location Study Update - Fire 24. Approve Designation of Rural Reserve Area (continued from January 21, 2003) - Planning 25. Consider Lot Split with Variance to Lot Depthll415 Andover Blvd. (continued) - Planning 26. Consider Amendment to Ordinance 8, the Zoning Ordinance, Section 7.03 Special Uses - Planning 27. Consider Comprehensive Plan AmendmentlExpand MUSAlConstance Free Churchl161S0 Crosstown Blvd NW - Planning 28. Consider Rezoning from (R-I) to (R-4)1Constance Free Churchll6150 Crosstown Blvd NW-Planning 29. Receive Information/Constance Free Church Letter - Engineering 30. Accept Feasibility ReportlWaive Public Hearing/Order Plans & Specs/02-4S/Constance Comers- Engineering Andover Regular City Council Meeting Tuesday, April 15, 2003 Page Two 31. Approve Change Order # 1I99-15/Water Treatment Plant/Security - Engineering 32. Consider Premises Pennitl Andover Lions Club (continued) - Clerk Staff Item 33. Accept March Customer Service Report-Administration 34. Consider RequestlWoodland DevelopmentIMUSA Sweep - Planning 35. Schedule City Council Workshop/2003 Budget Reduction Plan -Administration Mayor/Council Inpnt Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 15, 2003 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .....................................................................................................1 RESIDENT FORUM..................................................................................................................1 AGENDA APPROV AL .............................................................................................................1 APPROVAL OF MINUTES.......................................................................................................1 CONSENT ITEMS Approve Payment of Claims .................................................................................................2 Approve Release of Letter ofCredit/AssessmentsIWoodland Estates 2nd ..........................2 Approve Reduction of Letter ofCreditlAssessmentsIWoodland Oaks ................................2 Approve 2003 CIP Expenditure............................................................................................2 Approve Raffle PerrnitINorth Metro Soccer Association ...................................................2 Resolution R070-03 approving No Parking ResolutionIWoodland Estates 4th Addition.....2 Resolution R071-03 approving Plans & Specs/Order Advertisement for Bids/03-2/ Woodland Creek Golf Villas ..........................................................................................2 Resolution R072-03 accepting Petition/Order Feasibility Reportl03-17/14027 Crosstown Boulevard NWIWM...................................·......................................................................2 Resolution R073-03 approving Final PlatIFoxburgh Crossing ............................................2 Resolution R074-03 approving Plans & Specs/Order Advertisement for Bids/02-47/ Foxburgh Crossing...........................................................................................................2 Approve NPDES Phase II Permitl02-31...............................................................................2 Resolution R075-03 accepting Feasibility ReportlWaive Public Hearingl03-14/13752 Round Lake Boulevard NW IWM ....................................................................................2 Resolution R076-03 accepting Feasibility ReportlWaive Public Hearingl03-16/16060 Crosstown Boulevard NW/SS & WM.............................................................................2 Resolution R077-03 awarding Construction Bid/99-8A1Well #8 Pumping System ............2 Resolution R078-03 approving Award Bid/Streets & Utilities/00-42/Aztec Estates ..........2 Award Bid/Streets & Utilities/02-48/Shady Oak Cove (Res. 079-03).................................2 Award Bid/Streets & Utilities/02-50/Maple Hollow (Cont. to 5-6-03)................................2 Resolution R081-03 approving Change Order #1/99-15/Water Treatment Plant/Security..2 Accept March Customer Service Report ..............................................................................2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ................2 Received ................................................................................................................................2 CALL FOR THE SALE OF BONDSÆHLERS & ASSOCIATES Res. R082-03 to Approve $4,580,000 Bond; Res. 083-03 to approve $1,555,000 Bond.....3 ACCEPT AND APPROVE FIRE STATION LOCATION STIJDY UPDATE Motion to Receive..................................................................................................................3 APPROVE DESIGNATION OF RURAL RESERVE AREA (CONTINUED FROM JANUARY 21, 2003) Motion to approve..................................................................................................................5 CONSIDER LOT SPLIT WITH V ARlANCE TO LOT DEPTHl1415 ANDOVER BLVD. Resolution R084-03 to deny .................................................................................................. 7 CONSIDER AMENDMENT TO ORDINANCE 8, THE ZONING ORDINANCE, Regular Andover City Council Meeting Minutes - April 15, 2003 Table of Contents Page ii SECTION 7.03 SPECIAL USES Motion to approve Ordinance 8AAAAAAA.........................................................................8 RECEIVE INFORMA TION/CONST ANCE FREE CHURCH LETTER .................................8 CONSIDER COMPREHENSIVE PLAN AMENDMENTIEXPAND MUSAlCONSTANCE FREE CHURCHlI6150 CROSSTOWN BLVD NW Resolution R08S-03 to approve.............................................................................................9 CONSIDER REZONING FROM (R-l) TO (R-4)!CONSTANCE FREE CHURCH/16150 CROSSTOWN BLVD NW Ordinance 8BBBBBBB to approve .......................................................................................10 ACCEPT FEASIBILITY REPORTIW AlVE PUBLIC HEARING/ORDER PLANS & SPECS/02-45/CONST ANCE CORNERS Resolution R086-03 to approve ................................................................:............................I 0 CONSIDER PREMISES PERMIT/ANDOVER LIONS CLUB (CONTINUED) Resolution R087-03 to deny ..................................................................................................11 CONSIDER REQUESTIWOODLAND DEVELOPMENT/MUSA SW AP..............................l4 APPROVE FINAL PLATIWOODLAND ESTATES 4TI1 ADDITION (CONTINUED) Resolution R088-03 to approve .............................................................................................14 APPROVE PROFESSIONAL SERVICE AGREEMENT/COMMUNITY CENTER PROJECT Motion to approve..................................................................................................................15 SCHEDULE CITY COUNCIL WORKSHOP/2003 BUDGET REDUCTION PLAN.............. 16 MA YORlCOUNCIL INPUT YMCA Negotiations ..............................................................................................................16 Letter Regarding the Anoka County Housing and Redevelopment Authority ......................16 Posting Meetings ...................................................................................................................16 ADJOURNMENT ......................................................................................................................17 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 15, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 15, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Barry Sullivan Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM There was none. AGENDA APPROVAL Remove from Discussion Items to Consent Items 31, (Approve Change Order #l/99-15/Water Treatment Plant/Security) and Item 33 (Accept March Customer Service Report). Remove from Consent Items for discussion Items 6, (Approve Professional Service Agreement/Community Center Project); and Item 8, (Approve Final PlatIWoodland Estates 4th Addition (continued)). Motion by Trude, Seconded by Orttel, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES April], 2003, Special Workshop: Correct as written. April], 2003, Regular Meeting: Correct as written. April 2, 2003, Board of Review Meeting: Correct as written Regular Andover City Council Meeting Minutes - April 15, 2003 Page 2 Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Release of Letter ofCredit/AssessmentsIWoodland Estates 2nd Item 4 Approve Reduction of Letter of Credit/ AssessmentsIW oodland Oaks Item 5 Approve 2003 CIP Expenditures Item 7 Approve Raffle PerrnitINorth Metro Soccer Assn. Item 9 Approve No Parking ResolutionIWoodland Estates 4th Addition (See Resolution R070-03) Item 10 Approve Plans & Specs/Order Advertisement for Bids/03-2/Woodland Creek Golf Villas (See Resolution R071-03) Item 11 Accept Petition/Order Feasibility Reportl03-17/14027 Crosstown Boulevard NWIWM (See Resolution ROn-03) Item 12 Approve Final PlatIFoxburgh Crossing (See Resolution R073-03) Item 13 Approve Plans & Specs/Order Advertisement for Bidsl02-47/Foxburgh Crossing (See Resolution R074-03) Item 14 Approve NPDES Phase II Perrnit/02-31 Item 15 Accept Feasibility ReportlWaive Public Hearingl03-14/13752 Round Lake Blvd NW IWM (See Resolution R075-03) Item 16 Accept Feasibility ReportlWaive Public Hearingl03-16/16060 Crosstown Blvd NW/SS & WM (See Resolution R076-03) Item 17 . Award Construction Bid/99-8A1Well #8 Pumping System (See Resolution R077-03) Item 18 Award Bid/Streets & Utilities/00-42/Aztec Estates (See Resolution R078-03) Item 19 Award Bid/Streets & Utilities/02-48/Shady Oak Cove (See Res. R079-03) Item 20 Award Bid/Streets & Utilities/02-50IMaple Hollow (Cont. to 5-6-03) Item 31 Approve Change Order #1/99-15/Water Treatment Plant/Security (See Res. 081- 03) Item 33 Accept March Customer Service Report Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Undersheriff Dave King, Anoka County Sheriffs Department, provided an update on law enforcement activities occurring within Andover. Councilmember Trude asked if the rain will take care of the grass fIres. Undersheriff Dave King stated he hoped it would because the land is very dry and with the winds, grass fIres are a huge Regular Andover City Council Meeting Minutes - April 15, 2003 Page 3 threat. CALL FOR THE SALE OF BONDSlEHLERS & ASSOCIATES City Finance Director Dickinson explained the Andover City Council is requested to call for the sale of $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds to provide fInancing for the construction of various public improvement projects and $1,555,000 General Obligation Tax Increment Refunding Bonds to refund outstanding maturities of the $2,055,000 General Obligation Tax Increment Bonds of 1996. The Andover City Council has recently approved the advertisement for bids for various construction projects listed on the "Pre-Sale Reports" and the Finance Department in conjunction with Ehlers and Associates have conducted an analysis of outstanding debt and are recommending a refInancing of some outstanding bonds. Mr. Mark Ruff, Ehlers & Associates stated there are two bond issues they are recommending that the City consider. The actual sale of the bonds would not occur until May 20. He discussed the two bonds with the Council. Councilmember Jacobson stated under both Resolutions, there are discussion items which talk about the Legislature, bills that are pending, and how they might affect bond sales. He asked if there was anything in the legislation that would affect either of the two items. If the bills are passed, it could have a serious affect on the secondary market in future City issues. Mr. Ruff stated House File 751 and Senate fIle 330 are a tax freeze and would not affect either of the tax bonds; it would only impact any future City issue if they were looking at having a tax levy increase for bonds payable in 2004, 2005. House File 751 makes bond issues in the future no longer unlimited tax bonds for municipalities. Councilmember Orttel stated the big bond issue, $4.5 million PlR bond, is to fmance the improvements being paid for by developers and none of it is public in that issue. Mr. Dickinson stated it is improvements being requested by developers for improvements which will be repaid when the property is sold. Motion by Trude, Seconded by Orttel, to approve Item 22 (Call for Sale of BondslEhlers & Associates). Motion carried unanimously. (See Resolution R082-03, $4,580,000 GO PlR Bonds; and Resolution R083-03, $1,555,000 GO Tax Increment Refunding Bonds.) ACCEPT AND APPROVE FIRE STATION LOCATION STUDY UPDATE Fire Chief Winkel explained in 1988, a fIre service study was conducted and approved by the City Council that evaluated fIre protection for the City of Andover. The study reviewed items and issues regarding the existing and future fire service needs for Andover. Regular Andover City Council Meeting Minutes - April 15, 2003 Page 4 Councilmember Jacobson asked why the City would spend money to build a room for ambulance personnel use when it is a private company. Fire Chief Winkel explained they would not furnish a room. They would probably only have to add one or two walls to accommodate them because it would encourage them to be in Andover more and use it as a base site. The city would ask Allina to furnish the room and pay utilities. Chief Winke! introduced Mr. Ed Maschevski and Ms. Nancy Schultz from S.E.H. to review the report with the Council. Mr. Maschevski stated he wanted to acknowledge Chief Winkel and John Sevald fÌ'om the Planning Department who helped out immensely. A map of the existing and proposed fIre station was shown with the response times. Councilmember Orttel asked if they go ahead with the new station would the fire location at public works be turned over to the Public Works Department. Fire Chief Winkel stated that was true. Councilmember Orttel stated when they signed a purchase agreement on the proposed fire station, the thoughts were it would be a "bare bones" facility and since then it has seemed to have grown into a type of main station. Fire ChiefWinke! stated this station would be a little larger than Station #2, but smaller than Station # 1 where they would keep their administrative offices. He stated they are looking at more storage space for apparatus and they do not plan to use this site for training. He stated they are looking at meeting their needs for the next thirty years. Mr. Dickinson asked if they were looking to add more vehicles. Fire Chief Winkel stated they are not going to purchase new vehicles. They will move the current vehicles from station #3. Councilmember Knight asked if this would affect the insurance rates of people around the proposed station. Fire Chief Winke! stated this would he!p and enable credits for people by the station. He stated it also helps that they are expanding city water to the area. Motion by Jacobson, Seconded by Trude, to receive the Fire Station Location Study Update and to authorize staff to prepare a Request for Proposal to hire an architectural fIrm to work with staff and develop plans and specifications for a new fIre station to be completed no later than February I, 2004. Councilmember Trude stated she would like the RFP reviewed so they are not building a real high level standard of appearance and the emphasis is on the quality of the safety features more than the architectural detailing. Fire Chief Winkel thought it was an excellent idea and would appreciate Council input. Councilmember Orttel asked how we will be paying for this. Mr. Dickinson stated their current plan is they have on line payments for three equipment certificates. They are not looking at a levy increase in 2005. Councilmember Orttel stated that even if they do not change the State Statutes, which .- Regular Andover City Council Meeting Minutes - April 15, 2003 Page 5 restricts them from bonding, they are being cut severely in taxes and he is concerned about letting this get too far down the road without considering what is going to happen with the fmancing. Motion carried unanimously. APPROVE DESIGNATION OF RURAL RESERVE AREA (CONTINUED FROM JANUARY 21, 2003) Community Development Director Neumeister stated City Staff has been keeping the property owners informed of the progress. Mr. Neumeister reviewed the City Council's questions and answers from the Metropolitan Council. At the meeting were Ms. Natalie Haas-Steffens from the Met Council and Dave Hutton with WSB Associates. Mr. Neumeister stated they sent out over one hundred letters and had responses from sixteen people. Mr. and Mrs. Joe Killeran emailed a letter supporting the recommendation by staff. Councilmember Knight asked why they would include an area where the majority is opposed to being included. Mr. Neumeister stated to be in compliance with the City's Comprehensive Plan, they agreed to designate one thousand acres of Rural Reserve land. He stated if they did not include that area, they would be at 964 acres and they asked the Met Council if they could submit with less than one thousand acres. They responded the City could but they would have to look at the repercussions in terms of any increased density. Mayor Gamache stated in regard to South Coon Creek area, there is one property owner interested and the rest are opposed. His point is that they do not force people to hook up to sewer and water and they can carry the cost for a period of years until the residents decide they want sewer and water. Mr. Dickinson stated the only cost for the City would be the carrying cost of the over sizing of the pipe and if they would extend it, then they would incur costs and they would look at the actual cost to assess to the residents. There would be some are charges for the over sizing which they would look to recover at the time of development. City Engineer Berkowitz stated as they extend the sewer through the area, there is an option that he discussed with the residents. At one time they were thinking a recommendation from staff would be to have an area assessment for the sanitary sewer system. If they still include that area in the Rural Reserve, the Council could make the decision to defer those assessments to a future date. At that time, if they did petition and wanted to extend lateral service to that area, they would then be assessed. Even if this area was taken out of the Rural Reserve area, they would still recommend to oversize the pipe to handle the area in the future. Councilmember Jacobson stated he received a phone call from one property owner stating they have Regular Andover City Council Meeting Minutes - April 15, 2003 Page 6 been quoted three hundred dollars per foot and he did not think that was right. He told the resident that it has been the Council's position in the past that until the property owner requests service, they do not charge them anything. Councilmember Trude stated what she is hearing is that the residents are hearing one thing from the Council and another thing from staff. Councilmember Orttel stated that unless they are requesting sewer to be connected to their home, there would never be a charge. Councilmember Trude stated she would prefer they approve this without the Coon Creek area because then staff cannot tell the residents they are holding over area charges for them. Mr. Berkowitz explained on the deferment, there is a cost to defer it as they continue the trunk through. It is a Council decision not to assess the cost of the pipe going through there but he would suggest they leave the area in there and not assess them any cost. Councilmember Knight asked what the cost would be and how much they would be deferring. Mr. Berkowitz stated they are looking at one hundred thousand dollars deferred to go through there. Mr. Dickinson stated they would be carrying the area charge. He explained the deferred assessment to the Council. Discussion ensued in regard to the fifty acres included in the Rural Reserve and if they should remove the area from the approval. Motion by Trude, Seconded by Jacobson, to approve Area lA minus the South Coon Creek fifty acres. Councilmember Knight asked if there was another place where they could get fifty acres. Mr. Neumeister stated there was not. Discussion continued in regard to what the Met Council would request in regard to density if under one thousand acres. Councilmember Knight asked how reasonable the Met Council would be in regard to this. Ms. Haas-Steffen stated they are very reasonable people and could take fewer acres into consideration. Councilmember Ortte! didn't think the Met Council would have a problem with fewer acres because they will be over-sizing the pipe for this. Discussion ensued in regard to staging properties once the Rural Reserve is approved and if Constance Free Church can still start development. Councilmember Orttel asked how long it would take Met Council to approve the Rural Reserve. Mr. Neumeister stated it usually takes sixty days for approval. Vicki Sprague, Met Council, stated they have sixty days to review it and may request an additional sixty days if it is complicated. Regular Andover City Council Meeting Minutes - April/5, 2003 Page 7 Motion carried unanimously. CONSIDER LOT SPLIT WITH VARIANCE TO LOT DEPTH/1415 ANDOVER BLVD. (CONTINUED) Community Development Director Neumeister explained this item was reviewed by the City Council at the March 18, 2003 City Council meeting and referred to the City Attorney for his opinion. The applicant is seeking to re-establish a property line between two previously combined urban residential lots (Lots 5 and 6, Block 4 of Hartfiel' s Estates). A house exists toward the south end of the lot. The proposed lot split would allow a second home to be constructed on the northerly portion of the lot. A variance to lot depth is necessary to allow the lot split to occur. Mayor Gamache reviewed a portion of the letter from City Attorney Hawkins which read, "the plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted would not alter the central character of the locality." He stated in his mind, he could see an area where they would say the prior judgments by the previous City Council and last land owner, when they cut off the last fifty feet, actually created the situation. He asked if this was an argument. City Attorney Sullivan stated the question that City Attorney Hawkins was addressing was related to the financial aspects of it. The situation was a fmancial one which was the person who purchased the property was under the impression that they could subdivide this at some future date, which turned out to be wrong. He stated the financial consideration is not an undue hardship and not a situation unique to that property itself. Councilmember Trude suggested the Planning Commission should look at the Ordinance on Lot Split Standards for changes. Motion by Jacobson, Seconded by Trude, to deny Item No. 25 (Consider Lot Split with Variance to Lot Depth/1415 Andover Blvd). (See Resolution R084·03) Councilmember Ortte! asked if a developer came in with a plat, it would be approved but if an individual came in, they make them tow the line and he did not think this was fair. Councilmember Trude stated she fe!t they will be getting more of these requests because as land becomes pricier they will have more unusual situations. Motion carried 4 ayes, 1 nay (Gamache): Mayor Gamache left the meeting at 8:50 p.m. CONSIDER AMENDMENT TO ORDINANCE 8, THE ZONING ORDINANCE, SECTION 7.03 SPECIAL USES Regular Andover City Council Meeting Minutes - April 15, 2003 Page 8 Community Development Director Neumeister stated the applicant is requesting an amendment to the Zoning Ordinance to facilitate the deve!opment of Hamilton Square, a commercial plat located at the northeast corner of Hanson and Crosstown Boulevards. Mr. Neumeister explained staff has discussed the potential deve!opment of the property with the owners of the property, their marketing fInns and potential developers over the past two years. A recurring theme of the discussions is that the initial retail floor space requirement is too large for the fIrst stage of development. Service Stations often anchor small retail developments by creating traffic patterns that draw customers into the area and make it more palatable for retailers. The proceeds from the fIrst stage of the development can also be invested to prepare commercial pads and/or build to suit other businesses. Councilmember Jacobson suggested the resolution read in the shopping center section "car wash before a minimum of twenty-fIve thousand square feet of retail floor space is constructed if approved as part of a planned unit development". The same goes for the service station. Acting Mayor Orttel stated "accept" would need to be deleted from the sentence. City Attorney Sullivan stated they could change the word after to "provided". He stated this section makes the car washes special uses. ("car wash provided a minimum of twenty-five thousand square feet of retrial floor space is constructed except as otherwise approved as part of a Planned Unit Development".) A car wash requires a special use permit. Councilmember Trude stated the car wash can be approved as part of the PUD. Motion by Trude, Seconded by Knight, to approve the amendment to Ordinance 8, the Zoning Ordinance, Section 7.03 Special Uses to allow flexibility in the staging of deve!opments within the SC District provided a PUD is approved to ensure the centers will achieve the intent of the SC District as they mature. Motion carried unanimously. (See Ordinance 8AAAAAAA) RECEIVE INFORMATION/CONSTANCE FREE CHURCH LETTER City Engineer Berkowitz explained Constance Free Church has requested a Comprehensive Plan Amendment and Rezoning change to allow the church to be served with City sanitary sewer and water. A letter has been received from the church addressing their concern about the current rate structure for Sanitary Sewer Area Charges, Sanitary Sewer Connection Charge, Water Area Charge and Water Connection Charge. - Regular Andover City Council Meeting Minutes - April 15, 2003 Page 9 Councilmember Jacobson stated he moved this up because his understanding of the letter is the Church does not want to pay any of the extra fees other than bringing the pipe over and they are saying they would be double taxed to do that. He stated they are talking anywhere from $150,000 to $250,000 that they do not want to pay that other institutional organizations have paid and they want to be relieved of that fmancial responsibility. He stated if they stick with this philosophy, it does not make sense to go ahead with the next two items because everyone in the City would be subsidizing the cost. Mr. Berkowitz stated there was a supplement to the information from Meadow Creek Church which shows how they assessed for the items in the past. He explained the assessments. Mayor Gamache returned to the meeting at 9:00 p.m. Pastor Jim Barber stated they have been willing all along to pay what they assumed were the direct access charges. They did not know what the rate structure was until March 2003 and they would like to work with the City in regard to Religious Institutions. He stated they are asking the City to review what he did not think was considered before. When the institutional rate came about, staff did not think churches had been considered. He stated the cost of $250,000 is based on using their full acreage in the formula that is very cost prohibitive to a non-profit corporation. He understands that a couple of other churches have paid under this structure but they are one of several churches in the community that will be looking at expanding and he thinks there is a double charge. There is an accounting mechanism and is not intentional that churches are double charged because the people who bought their homes through the pricing structure have already paid the cost and are being discriminated on their affiliation because they have already paid for their portion of the sewer and water. He was asking that it be reviewed. Discussion ensued in regard to City water and sewer assessment fees and what acreage would be included in the calculations. CONSIDER COMPREHENSIVEPLANAMENDMENTIEXPANDMUSAlCONSTANCEFREE CHURCH/16150 CROSSTOWN BLVD NW Community Development Director Neumeister stated the applicant is requesting a Comprehensive Plan Amendment to extend the Municipal Urban Service Boundary (MUSA) to include the subject property. The existing MUSA boundary runs along 16151 Avenue NW (CSAH 20). The purpose of the amendment would be to allow municipal utilities to be extended to the subject property. Motion by Knight, Seconded by Orttel, to approve the proposed Comprehensive Plan Amendment. Motion carried unanimously. (See Resolution R085-03) . . Regular Andover City Council Meeting Minutes - April 15, 2003 Page 10 CONSIDER REZONING FROM (R-1) TO (R-4)/CONSTANCE FREE CHURCIU16150 CROSSTOWN BLVD NW Community Development Director Neumeister explained the City Council is asked to review the proposed rezoning to change the zoning of the subject property from rural residential to urban residential for the subject property to reflect the availability of urban services (municipal sewer and water). Councilmember Jacobson stated they have to say why when they rezone so they should add a point n=ber three which would state "Rezoning is due to conditions which have changed since the original zoning." Motion by Knight, Seconded by Orttel, to approve the proposed rezoning from (R-l) to (R- 4)/Constance Free Church/16150 Crosstown Blvd. NW and to add point number three "Rezoning is due to conditions which have changed since the original zoning". (See Ordinance 8BBBBBBB)) Councilmember Orttel asked if they entire acreage was going to be in R-4. Mr. Neumeister stated it would be. Motion carried unanimously. ACCEPT FEASIBILITY REPORTIWAIVE PUBLIC HEARING/ORDER PLANS & SPECS/02-45/CONSTANCE CORNERS City Engineer Berkowitz explained a feasibility report has been prepared identifying the improvements and estimated improvement costs associated with the Constance Corners development project. Mr. Winslow Holasek, 1159 Andover Boulevard NW, stated the engineering staff received his letter regarding this. He has not seen a copy of the Comprehensive Plan but in reading the information, a trunk was planned on Crosstown Boulevard. It seemed to him that they have a deep sewer the same place that goes into Chesterton Commons which means they would not have to have any lift stations. It does not seem to be a good engineering plan to him. He stated it seems to him they would be doing a lot of back and forth running of the sewer. Mr. Berkowitz stated they did run some calculations and ran a sewer line up Crosstown Boulevard to Prairie Road and 157th and north on Crosstown and the sewer does run out of gravity before it gets to Constance Corners development. He stated they would be bringing back Mr. Holasek's ideas on how to run the sewer at the May 6 meeting. Mr. Greg Schlink, Bruggeman Properties, 3564 Rollingview Drive, White Bear Lake, stated they have been working on the Orstad Property for well over a year and the pre!iminary plat was approved in December. They have been working with staff on the best way to service the Regular Andover City Council Meeting Minutes - April 15, 2003 Page 11 property and they are ready to move forward. He stated his concern is about changing the sewer line and the time it would take to do the restudy which could put them into another construction season. From his standpoint it would create issues for him and he would like the Council to take it into consideration when deciding this. Motion by Jacobson, Seconded by Trude, to approve the resolution accepting the feasibility study (alternative No.2), waiving public hearing and directing preparation of plans and specifications for the Constance Corners development (Project 02-45) for sanitary sewer, water main, street and storm sewer. Motion carried unanimously. (See Resolution R086-03) Council recessed at 9:40 p.m. Council reconvened at 9:45 p.m. CONSIDER PREMISES PERMIT/ANDOVER LIONS CLUB (CONTINUED) City Finance Director Dickinson explained this item was tabled at the April 1, 2003 meeting so that further information regarding the utility bills could be obtained. Mr. Dickinson explained the Lions Club has provided copies of the January/February 2003 billings for Pov's Sports Bar. The amounts shown on the premises permit for utilities were below the $750.00 maximum allowed by ordinance. He stated they felt comfortable that it did meet the Ordinance. Mayor Gamache asked if it was the Council's request to get a bill or multiple bills in the minutes from April 1. Mr. Dickinson stated he did not recall specifically. They did ask for current bills so they would not need to estimate going back. Councilmember Knight asked how they came up with the square footage percentage. Mr. Dickinson stated the Ordinance does not mention square footage. Mayor Gamache stated he thought the State set some standards in regard to this. Councilmember Trude stated the Ordinance picks twenty-five percent as the threshold for the amount and no more than a total of $750.00. Ms. Gail Roush, Lions Gambling Manager, and Mr. Ron Johnson, First Vice President, were at the meeting for questions. Mayor Gamache asked if Ms. Roush would be getting her license. Ms. Roush stated she would be getting her license in May. Mayor Gamache stated he has some concerns, one of them being that there was some gambling being done by the owner of the establishment or his family members. He asked what steps the Lions have taken to make sure this would not happen again. Mr. Johnson stated all of the Lion Regular Andover City Council Meeting Minutes - April J 5. 2003 Page 12 members are aware of this and there were some errors of omission and some mistakes made. He stated the entire membership is aware of it and there will be a lot of people watching what goes on and everyone will be involved. Mayor Gamache noted that on the original application an individual is named as assistant gambling manager. This individual named on the initial registration was listed in the gambling report. He would have some concerns if this individual were an assistant gambling manager. Ms. Roush stated there will not be anyone as an assistant gambling manager and there will be rules posted and they have talked to the owner or Pov's as to who can and cannot play. Discussion ensued as to whether the Lions Club needs to resubmit a new application removing the individual's name. Councilmember Ortte! stated their Ordinance requires a certain amount of members in order to have gambling. He asked if the Lions Club met this requirement and what proof they have. Ms. Roush stated the City has a roster of all the members and they have twenty-eight members and twenty-five are active and the ordinance requires fifteen. Councilmember Trude stated she met with City Clerk V olk and asked if all the requirements have been met and she was told all these items were reviewed by staff. Mr. Dickinson stated they were reviewed and everything met the requirements so there was no other review they can take except forwarding this to the City Council. Mayor Gamache asked City Attorney Sullivan if the premises permit application they received needs to be changed. City Attorney Sullivan stated he thought they would probably need to file an amended permit application. Motion by Trude, Seconded by Knight, approving the premises permit to allow the Andover Lions Club to operate a pull-tab operation at Pov's Sports Bar provided a new permit application is submitted to the City on April 16, 2003 with new information. Mr. Dave Blackstad, 14349 Vintage Street, stated technically they do not have to approve the premise permit. He stated in conversations with the State, there are provisions in the Ordinance for denial. In conversations with the State, once they receive the application, while it is in process, they can change anything they want and they do not have to notify the City so they could put that person on as a gambling manager. He stated his feelings that the Vice President and President felt these were trivial matters and he did not fee! they are. It is not a trivial matter when they lose their license for two years. This is the same group of individuals that ran this organization in 1999 and also in 2001. He wanted to know what has changed. Mr. Johnson stated there are a lot of new members but the penalties and charges were not taken lightly. They are embarrassed and stunned by the charges and no one has taken the charges lightly. He stated he thought the City needs the money they generate from gambling. Regular Andover City Council Meeting Minutes - April 15, 2003 Page 13 Mr. Ron Boulton stated he is a transfer from the Coon Rapids Lions and knows what that Lions Club has done for the City of Coon Rapids. He stated he did not know what has happened with the Andover Lions Club but he is proud to be a member here. Ms. Roush stated the Lions Club has learned from their mistakes and promise it will not happen again. Councilmember Trude stated they have the reporting requirement that twice a year they need to submit information and the Council could request that also so they know what is going on. Councilmember Knight asked if there will be greater scrutiny by the State. Mr. Blackstad stated the State will be reviewing this every three months. Mr. Dickinson stated they will have to file a monthly report with the State. The City will receive a copy of this and staff will take the reports and tabulate them to compute a gaming tax and to compute if they are meeting the ten percent required by ordinance. Mayor Gamache stated he planned to let the State know the concerns the City still has. Councilmember Jacobson assumed the letter would be from the Mayor as an individual because the Council has not authorized anything. Ms. Roush stated she would like a copy of the letter. Councilmember Orttel stated his concern is the same people are involved in this that were involved when violations were being made and once approved, there is nothing anyone can do until the State gets involved. Mayor Gamache asked if they could disapprove a license based on Section 13 of the Ordinance. City Attorney Sullivan stated they have the authority to deny a license. Either they meet these standards or they do not and if the Council finds they do not meet the standards, it would be a basis for denying the premises permit. Mayor Gamache asked about Section 5, number 4, "meet all the qualifications for a lawful gambling license issued by the board", and if the board is the Gambling Board. City Attorney Sullivan stated this was true. Mayor Gamache assumed they did not meet all of the qualifications for a lawful gambling license because they have not been issued a gambling license and the gambling manager has not yet passed the test. Ms. Roush stated the State Statute says they can re-apply within sixty days prior to their suspension. She explained the steps they need to take in order to get their gambling license. Mr. Blackstad stated as a point of clarification, he posed the question to the State Gambling Control Board that if a group meets the City's Ordinances and Guidelines, does the City have to issue a permit. The answer was no, the City has the option to deny the permit. Mr. Dickinson read from the Ordinance in regard to that. Motion failed 2 ayes, 2 nays (Orttel, and Gamache), and 1 present (Jacobson). (See Resolution R086-03) Mayor Gamache stated the next time this is brought forward, he would like the President of the Regular Andover City Council Meeting Minutes - April 15, 2003 Page 14 Lions Club to be at the meeting and also more than one bill be submitted for review. He would also like the members involved to already have their gambling managers license. CONSIDER REQUEST/WOODLAND DEVELOPMENTIMUSA SWAP Community Deve!opment Director Neumeister stated Mr. Byron Westlund, Woodland Development Corporation, has submitted a new request to the City to consider swapping a 40 acre parcel that is currently in the Metropolitan Urban Services Area (MUSA) with a 40 acre parcel that is not. The parcel is also in the Rural Reserve Study Area. Councilmember Jacobson asked why Mr. Westlund did not just buy the other parce! instead of swapping. Mr. Westlund stated Parcel A is a better farming piece where Parcel B is more deve!opable. He stated Parcel A is currently in the MUSA and they have a purchase agreement on Parcel B that will be included in the Rural Reserve. Mr. Slyzuk is willing to put Parce! A in Rural Reserve so they can build on Parcel B. Councilmember Trude stated her understanding was they could develop this in conjunction with the review of the Rural Reserve designation. Councilmember Orttel understood that it takes ninety days for Rural Reserve approval and once it is in the Rural Reserve, they are able to come in and petition for utilities. Councilmember Jacobson stated as he read the Resolution that they passed, he wondered why they call it Rural Reserve, since it is to reserve land for logical planning in the future. He noted that what they signed was to set aside some land for development in the future and asked why the city should go through the process of Rural Reserve if they are going to start building on it right away. Consensus by Council was to have staff provide more information on crossing Ag Preserve with a road and sewer and bring back to the Council at the next City Council meeting. APPROVE FINAL PLATIWOODLAND ESTATES 4TH ADDITION (CONTINUED) Mr. Neumeister stated the final plat is found to be substantially in compliance with the preliminary plat and applicable ordinances. Councilmember Trude stated in the Ordinance, item six, should read "Park Dedication shall be paid as agreed to by the Park and Recreation Commission and the Developer." They will discuss this and if they are not in agreement, it will come back to the Council. She stated this needs to be part of the final plat. Motion by Trude, Seconded by Jacobson, to approve the Final Plat for Woodland Estates 41h Addition. Motion carried unanimously. (See Resolution R087-03) Regular Andover City Council Meeting Minutes - April 15, 2003 Page 15 APPROVE PROFESSIONAL SERVICE AGREEMENT/COMMUNITY CENTER PROÆCT Cit Finance Director Dickinson explained at the April 1, 2003 Council Meeting, Council approved, with minor changes, an agreement with RIM Construction. Staff indicated that the agreement with Rozeboom-Miller Architects, project consultants for the community center project would be forthcoming for Council approval. Mr. Dickinson stated the agreement with Rozeboom-Miller is substantially similar to what was described at the April I, 2003 Council meeting. It is a standard AlA form document between the owner and architect, and contains language appropriate to the terms and conditions previously submitted as part of their original service proposed. A draft agreement has been reviewed by the City Attorney's office and he fmds it acceptable with several minor exceptions. Councilmember Trude stated her concern was how much they would be liable for if the project did not continue for some reason in June. She stated there is a percentage basis in the contract and if they get to a certain point and they have no project, they could end up needing to come up with $192,000 based on the contract and she was a little bit anxious to do this. Councilmember Knight asked if it states that either side could end the contract. Mr. Dickinson stated exhibit A shows the hourly rate that they bill at and the notification has been changed to seven days. Councilmember Orttel stated if this should fall apart the City would only pay an hourly rate for work performed. Mr. Dickinson stated his understanding to get to that point, June 10, the commitment would be the pre-design phase which would be five percent of the fee. If something was done before the pre-design phase was completed, they would be looking at the hourly rate, not to exceed the five percent. Discussion continued in regard to what amount the City would be held responsible for in the contract. Motion by Orttel, Seconded by Gamache, to approve the Professional Service Agreement/Community Center Project with RozeboomIMiller Architects. Motion carried unanimously. SCHEDULE CITY COUNCIL WORKSHOP12003 BUDGET REDUCTION PLAN City Finance Director Dickinson explained staff has prepared a proposed 2003 Budget Reduction Plan to address potential state aid cuts in 2003. Councilmember Jacobson asked if they could hold off on this meeting until after the State has made a decision on what will be cut in the City's budget. Mr. Dickinson stated staff has put together a plan and some alternatives and they would like to get some concurrence from the Council that they are moving in the right direction. -- Regular Andover City Council Meeting Minutes - April 15, 2003 Page 16 Councilmember Trude stated she would like to add the Community Center update on that night also. Motion by Orttel, Seconded by Trude, to schedule a Council workshop for Tuesday, April 29, 2003 at 7:00 p.m. Motion carried unanimously. MAYOR/COUNCIL INPUT (YMCA Negotiations) - Councilmember Jacobson stated he was concerned about how the negotiations with the YMCA were going. He has heard rumors about some of the things they are asking for and the timelines. Mr. Dickinson stated what they have been discussing with the YMCA is the lease arrangement and what would be the lease term agreement for the fIrst five years. He stated as with most businesses, the most crucial times are the fIrst five years and how they would move forward with that. He stated they have not made any commitments yet and his position has not changed in working with them. Councilmember Jacobson stated he has heard the YMCA wants a really long bond and wants the City to subsidize them for the fIrst couple years of operation. His fee!ing was if they were not willing to pay their way, the City should not be subsidizing them. Mr. Dickinson stated he does not tend to say yes very easily in going forward on a lot of the issues. Part of the facility planning has targeted the original desire of a Community Center project and stipulating what is mandated for a YMCA. If those costs would go beyond what the City was originally committing to and would be attributable to the YMCA, they would look to them to pay those costs. Councilmember Jacobson asked if Mr. Dickinson will be able to make the timetable. Mr. Dickinson stated they would be able to and so will the YMCA. Mr. Dickinson stated that once they get to the point of some of the stakeholder input and the initial pre-design, they can then determine the revenues that would go to the facility. He stated the YMCA should be able to determine what they can commit and he should be able to tell what the City can commit. Councilmember Knight asked why the EDA is the only group that can issue a lease revenue bond. Mr. Dickinson stated that is the way the Statute set it up. Councilmember Knight stated this is not an elected body. Mr. Dickinson stated it is a government agency created by a Statute and a creature of the State. Councilmember Orttel stated the City Council is liable for the EDA's actions. Mr. Dickinson stated the EDA would be the bond holder and responsible for it. (Letter regarding the Anolra County Housing and Redevelopment Authority) - Mayor Gamache stated he received a letter from Margaret Langfeld, County Commissioner, in regard to the Anoka County Housing and Redevelopment Authority. They have re-looked at their bill and have changed it a little bit. They now have an opt out. (Posting Meetings) - Councilmember Trude asked that the meetings for the building committee be - - -. - ----~ Regular Andover City Council Meeting Minutes - April 15, 2003 Page 17 noticed because after talking to the City Attorney, they are actually subcommittees of the City Council and public meetings so she wanted to make sure they get the meetings posted so they do not run into any problems. Motion by Trude, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :27 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary