Loading...
HomeMy WebLinkAboutCC April 1, 2003 -- CITY OF ANDOVER ~ 't-IS·a3 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 I , 2003 Call to Order - Following Special City Council Workshop Scheduled for 6:00 p.m. Pledge of Allegiance Resident Forum a. Citizen Request/Oak Wilt Reimbursement - Engineering Agenda Approval 1. a. Approval of Minutes (3-18-03 Regular; 3-19-03 Special) b. Recognition/ Anoka High School Hockey Program - Administration c. Presentation/Connexus Energy - Fire Consent Items 2. Approve Payment of Claims - Finance 3. Sunshine Park Concession Contract - Finance 4. Authorize Street Department 2003 CIP Expenditure - Finance 5. Approve Plans & Specs/Order Advertisement for Bids/02-43/Sunshine Park Soccer Field Lighting- Engineering 6. Approve Plans & Specs/Order Advertisement for Bids/03-6/2003 Overlays - Engineering 7. Approve Plans & Specs/Order Advertisement for Bids/03-3/2003 Crack Sealing - Engineering 8. Approve Plans & Specs/Order Advertisement for Bids/03-4/2003 Seal Coating - Engineering 9. Approve Plans & Specs/Order Advertisement for Bids/02-491W00dland Estates 4th Addition- Engineering 10. Accept Petition/Order Feasibility Reportl03-141l3752 Round Lake Blvd. NWIWM - Engineering II. Accept Petition/Order Feasibility Reportl03-1 611 6060 Crosstown Blvd. NW /SS & WM - Engineering 12. UpdatelResident Request/02-44/Marystone Boulevard/Roanoke Street Improvements, Continued- Engineering 13. Approve Final Plat/Shady Oak Cove - Planning 14. Approve Final PlatlMaple Hollow - Planning 15. Approve Final PlatIWoodland Estates 4th Addition - Planning 16. Approve 3.2 Percent Malt Liquor LicenselWoodland Creek Golf Course - Clerk 17. Approve Raffle Permit/Andover Center Ice Club - Clerk 17a. Accept FireWise Grant - Engineering Discussion Items 18. Hold Public Hearingl02-16/Quickstrom Addition, Continued - Engineering 19. Public HearinglVacation of Drainage and Utility Easement/3934 I 46th Lane NW, Continued - Planning 20. Consider Lot Split/I 6034 Crosstown Boulevard - Planning 21. Discuss Request/03-2/Woodland Creek Golf Villas - Engineering 22. Letter of Credit ReductionlDevelopment ImprovementslHamilton Square - Finance 23. Gambling Premises Permit/ Andover Lions - Clerk Staff Item 24. Schedule EDA Board Meeting - Administration 25. Approve Professional Service Agreement/Community Center Project - Administration 26. Review CDBG Rental Housing Rehabilitation Program - Planning 27. Consider Results oflntersection Study/Stop Signs at 1391h Avenue & Quinn Street- Engineering 28. Consider Results of Intersection Study/Stop Signs at 1741h Lane & Bittersweet Street - Engineering 29. Consider Results oflntersection Study/Stop Signs at Station Parkway & Thrush Street - Engineering Mayor/Council Inpnt Adjonrnment , > REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -APRIL 1, 2003 TABLE OF CONTENTS PLEDGE OF ALLEGlENCE .....................................................................................................1 RESIDENT FORUM..................................................................................................................1 Citizen Request/Oak Wilt Reimbursement............................................................................1 RECOGNlTION/ANOKA IDGH SCHOOL HOCKEY PROGRAM .......................................3 AGENDA APPROV AL .............................................................................................................3 APPROVAL OF MlNUTES.......................................................................................................3 PRESENT A TION/CONNEXUS ENERGY...............................................................................3 CONSENT ITEMS Approve Payment of Claims .................................................................................................4 Sunshine Park Concession Contract .....................................................................................4 Authorize Street Department 2003 ClP Expenditure ...........................................................4 Resolution ROSS-03 approving Plans & Specs/Order Advertisement for Bids/02-43/ Sunshine Park Soccer Field Lighting...............................................................................4 Resolution ROS9-03 Approving Plans & Specs/Order Advertisement for Bids/03-06/ 2003 Overlays ..................................................................................................................4 Resolution R060-03 Approve Plans & Specs/Order Advertisement for Bids/OJ-3/ 2003 Crack Sealing..........................................................................................................4 Resolution R061-03 Aprove Plans & Specs/Order Advertisement for Bids/03-4/ 2003 Seal Coating............................................................................................................4 Resolution R062-03 Approve Plans & Specs/Order Advertisement for Bids/02-49/ Woodland Estates 4th Addition ........................................................................................4 Resolution R063-03 Accept Petition/Order Feasibility Reportl03-14/13752 Round Lake Blvd. NW IWM .......................................................................................................4 Resolution R064-03 Accept Petition/Order Feasibility Reportl03-16/16060 Crosstown Blvd. NW /SS & WM ....................................................................................4 UpdatelResident Requestl02-44/Marystone Boulevard/Roanoke Street Improvements, Continued.........................................................................................................................4 Resolution R065-03 Approve Final Plat/Shady Oak Cove ..................................................4 Resolution R066-03 approve Final PlatlMaple Hollow.......................................................4 Approve 3.2 Percent Malt Liquor LicenselWoodland Creek Golf Course ..........................4 Approve Raffie Permit/Andover Center Ice Club ................................................................4 Accept Fire Wise Grant .......................................................................................................4 Authorize ExpenditurelLand PurchaselLouden Property ....................................................4 HOLD PUBLIC HEARlNG/02-16/QUICKSTROM ADDITION,CONTINUED Resolution R067-03 to terminate pr~ect........................ ............... .................. ...4 PUBLIC HEARlNGN ACATION OF DRAINAGE AND UTILITY EASEMENT/3934 146TII LANE NW, CONTINUED Resolution R068-03 To approve................................................................... ....5 CONSIDER LOT SPLIT/16034 CROSSTOWN BOULEVARD Resolution R069-03 to approve............................................................................................. 6 Regular Andover City Council Meeting Minutes-April], 2003 Table of Contents Page ii DISCUSS REQUEST/03-2/WOODLAND CREEK GOLF VILLAS Motion to Authorize .............................................................................................................. 7 LETTER OF CREDIT REDUCTIONIDEVELOPMENT IMPROVEMENTSIHAMlLTON SQUARE Motion to approve..................................................................................................................8 GAMBLING PREMISES PERMIT/ANDOVER LIONS Motion to Table .....................................................................................................................8 SCHEDULE EDA BOARD MEETING ....................................................................................10 APPROVE PROFESSIONAL SERVICE AGREEMENT/COMMUNITY CENTER PROJECT ..............................................................................................................................10 REVIEW CDBG RENTAL HOUSING REHABILITATION HOUSING ................................11 CONSIDER RESULTS OF INTERSECTION STUDY/STOP SIGNS AT 139m AVENUE & QUINN STREET ...............................................................................................................12 CONSIDER RESULTS OF INTERSECTION STUDY/STOP SIGNS AT 174m LANE & BITTERSWEER STREET ....................................................................................................12 CONSIDER RESULTS OF INTERSECTION STUDY/STOP SIGNS AT STATION PARKWAY & THRUSH STREET ......................................................................................13 MA YORlCOUNCIL INPUT Ordinance Review..................................................................................................................13 Anoka County Survey ............................................................................................................13 Community Center Meetings .................................................................................................13 City Day in St. Paul ...............................................................................................................14 ADJOURNMENT ......................................................................................................................14 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 1, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 1, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Ortte!, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Citizen Request/Oak Wilt Reimbursement City Engineer Berkowitz stated this item is in regard to Mr. Langfeld's request for reimbursements. Ordinance No. 214 requires property owners with oak wilt on their property to treat the problem and- prevent spread to other properties. Nothing in the ordinance discusses cost share funding. Thus, the City has the ability to enforce treatment, which may all be at the property owner's expense. The City of Andover received a $20,000 grant from the Minnesota DNR to help property owners offset some of the costs. That money may be allocated to residents who have particular eligible situations that may need root graft disruption (vibratory plowing) or removal of infected red oaks that are potential spore-producing trees. Whether or not a property owner is eligible depends on the guidelines and regulations set forth by the State and the City. Because the money is limited, not all property owners receive the benefits of the grant. An oak wilt situation with Mr. Willis Langfeld has tested the outer limits on the allocation of cost share funding in the City. Overall, to have an effective Oak Wilt Suppression Program, it is important to stay within the guidelines established. Mr. Langfeld, 16151 A venue, recapped the history of this item with the Council and stated he does not want the oak wilt to spread to his other trees so he had all the suspected trees taken down. He stated Regular Andover City Council Meeting Minutes - Aprill, 2003 Page 2 after all the problems he has had he will not accept $250.00 or even $350.00. Motion by Jacobson, Seconded by Trude, to pay a total of$337.50 for three trees with Oak Wilt that were authorized by the City to be taken down. Mr. Langfeld stated he would not accept $337.50 from the City. Councilmember Orttel asked if this was the total amount for the entire project. Councilmember Jacobson stated he took the total of all the trees together and divided it to come up with the per tree price. Mr. Langfe!d stated the total cost was $1,400.00 so he would like to split this amount in half. Mayor Gamache asked with the grant, did this cover the cost of taking down the entire tree. Mr. Berkowitz stated the grant is a matching grant which would be half the cost to take down the tree. Councilmember Orttel asked if the program only covers the cost to remove trees that were infected but not dead. Mr. Berkowitz stated it does if it is a spore producing tree. Receipts were shown stating the cost of the trees that were taken down. Councilmember Knight asked if the contractors were licensed in the City. Mr. Berkowitz stated they were not licensed in Andover at the time the trees were taken down but they are now licensed in the City. Councilmember Trude withdrew her second to the motion. Motion failed for lack of second. Motion by Ortte!, Seconded by Knight, to pay a total of$450.00 for the trees with Oak Wilt, half the cost paid to the contractor for three trees that were authorized by the City to be taken down. Mr. Berkowitz stated they needed to be careful about what they reimburse because the grant has a protocol that they need to follow to ensure they utilize the dollars for Oak Wilt treatment. Mr. Langfeld stated he would not take $450.00. He stated he wanted $700.00 total for all the receipts. Mr. Erar stated Council should vote on the $450.00 and staff can take a look at the rest of the receipts to see if it would fit into the grant. Mr. Langfeld stated he wanted to take care of the problem all at once. Councilmember Trude asked if staff had more information in regard to the receipts. Mr. Berkowitz stated they did have that information but from the beginning talk was only about the original $900.00. Motion carried 4 ayes, 1 nay (Jacobson). Regular Andover City Council Meeting Minutes - April 1, 2003 Page 3 RECOGNITIONIANOKA HIGH SCHOOL HOCKEY PROGRAM Mayor Gamache presented the Anoka High School Hockey Program with a Proclamation. Mr. Manthey, the Anoka High School Hockey Coach introduced Julie Becker and the players. Mayor Gamache read the proclamation congratulating the team on their first ever Class AA State Championship. AGENDA APPROVAL Remove from the Agenda Item 15, (Approve Final PlatIWoodland Estates 4th Addition). Add Item 17b, (Authorize ExpenditurelLand PurchaselLouden Property) to consent items. Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES March 18, 2003, Regular Meeting: Correct as amended. March 19, 2003, Special Meeting: Correct as written. Councilmember Trude stated on page three of the regular minutes she had a change to the sentence in paragraph five. The sentence should read "She stated cities have been balancing their budgets for a long time and with the cuts coming mid-year, there is no time to levy for expenses and it is EI fJe!lwty to actually Sf'eС! money the propOsed State plan penalizes cities for spending money for items assessed such as new roads. Motion by Trude, Seconded by Jacobson, approval of March 18, 2003 Minutes as indicated above. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, approval of March 19, 2003 as indicated above. Motion carried 4 ayes, 1 present (Gamache). PRESENTATIONICONNEXUS ENERGY Fire Chief Dan Winke! introduced Laura Landes from the Sheriffs' Department and Connexus Energy Trust Representative, Mr. AI Sannerud who described the programs they represented and he presented to the annual Kids Safety Camp a check for $852.00. Motion by Trude, Seconded by Orttel to accept the check on behalf of the City from Connexus Energy. Motion carried 4 aye, 1 abstain for conflict of interest (Jacobson) Regular Andover City Council Meeting Minutes-April], 2003 Page 4 Mayor Gamache left the meeting at 7:45 p.m. Councilmember Orttel presided as Acting Mayor. CONSENT ITEMS Item 2 Approval of Claims Item 3 Sunshine Park Concession Contract Item 4 Authorize Street Department 2003 CIP Expenditure Item 5 Approve Plans & Specs/Order Advertisement for Bids/02-43/Sunshine Park Soccer Field Lighting (See Resolution R05S-03) Item 6 Approve Plans & Specs/Order Advertisement for Bids/03-6/2003 Overlays (See Resolution R059-OJ) Item 7 Approve Plans & Specs/Order Advertisement for Bidsl03-3/2003 Crack Sealing (See Resolution R060-03) Item 8 Approve Plans & Specs/Order Advertisement for Bidsl03-4/2003 Seal Coating (See Resolution R061-03) Item 9 Approve Plans & Specs/Order Advertisement for Bidsl02-49/Woodland Estates 4th Addition (See Resolution R062-03) Item 10 Accept Petition/Order Feasibility Reportl03-14/13752 Round Lake Boulevard NW/WM (See Resolution R063-03) Item 11 Accept Petition/Order Feasibility Reportl03-16/16060 Crosstown Boulevard NW /SS & WM (See Resolution R064-03) Item 12 UpdatelResident Requestl02-44/Marystone Boulevard/Roanoke Street Improvements, Continued Item 13 Approve Final Plat/Shady Oak Cove (See Resolution R065-03) Item 14 Approve Final PlatlMaple Hollow (See Resolution R066-03) Item 16 Approve 3.2 Percent Malt Liquor License/Woodland Creek Golf Course Item 17 Approve Rafile Permit/Andover Center Ice Club Item 17a Accept Fire Wise Grant Item 17b Authorize ExpenditurelLand Purchase/Louden Property Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Councilmember Jacobson asked because they removed item fifteen, could they still authorize item nine. Mr. Berkowitz stated they could. Motion carried unanimously. HOLD PUBLIC HEARING/02-16/QUICKSTROM ADDITION CONTINUED City Engineer Berkowitz explained the City Council requested additional information from the residents in the Quickstrom Addition neighborhood. A letter was sent to the residents on March 5, ~ "- .- Regular Andover City Council Meeting Minutes - April J, 2003 Page 5 2003 to request the additional information. The results of the letters and email responses were fifteen against and five in favor of the improvement. Mr. Berkowitz discussed the budget impact of the project with the City Council. Mr. Dick Oxborough, 3464 141 sl Lane, stated he would like to be added to the petition along with Mr. Dick St. Clair as not wanting the improvements. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Knight, Seconded by Jacobson, to deny the resolution ordering the improvement of Project 02-16, Quickstrom Addition. (Resolution R067-03) Motion carried unanimously. PUBLIC HEARINGIVACATION OF DRAINAGE AND UTILITY EASEMENT/3934 146111 LANE NW, CONTINUED Community Development Director Neumeister explained the property owner has requested that a portion of an existing drainage and utility easement be vacated. The existing easement includes a significant amount of the rear yard where the property owner wishes to expand a patio. An easement along the 1 OO-year flood plain boundary will remain, located in the far south corner of the rear yard. Mr. Neumeister explained the item was tabled to allow further investigation and after investigating, staff has directed the applicant to remove a shed, garden, and a birdhouse from the drainage easement and/or parkland. The applicant has also been directed to stake out the property boundaries and to cease mowing into park property. This has been added as a condition of the resolution and the applicant has agreed to these requests. The engineering department has reviewed the proposed easement vacation and has determined that the proposed portion of the existing easement can be vacated without impacting drainage on the site. Councilmember Trude asked if they should wait to approve this until all of the actions of the applicant have been met. Mr. Berkowitz stated the applicant has agreed to all the actions and he would like to move forward with the patio. Mr. Chuck Post, 14587 Dakota Street, stated he was at the last meeting and he wanted to know exactly what was going to be going in because at fIrst it was supposed to be a pool and now it is a patio. Already on the property are a shed and a hot tub and none of this was mentioned. If the retaining wall is removed, the property will slip into the wetlands. CounciImember Jacobson stated the applicant would need to fix the retaining wall and remove the portion in the drainage and utility easement. Mr. Berkowitz stated with the existing retaining wall, it does go into the drainage and utility easement where there is an existing storm water pipe and they need that area clear for access reasons. One of the requirements is he needs to move the shed back onto his property and out of the -- .- Regular Andover City Council Meeting Minutes - April 1, 2003 Page 6 wetlands. Acting Mayor Ortte! stated all of the issues would need to be met even if the applicant decides not to go through with his plans because they are trespassing issues. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the proposed vacation of easement. Motion carried unanimously. (Resolution R068-03) CONSIDER LOT SPLIT/16034 CROSSTOWN BOULEVARD Community Development Director Neumeister explained the property owner is seeking approval of a proposal to divide the subject property into two urban residential lots. The purpose is to create separate lots for existing home and business uses. This property will be further subdivided into 42 single-family lots into the Constance Corners plat. Mr. Schlink, Bruggeman Homes, explained the angles and lines on the map for the revised pre!iminary plat. Mr. Schlank stated technically they will purchase it as two parcels and then it will be further subdivided by the plat. Councilmember Jacobson stated his concern was if they split these, and Parce! A is deve!oped and Parcel B is not, they have utilities going in there.Ifthey never do Parcel B, they may have some trouble with the plat. Technically they could have some problems with utilities on parcel B and they do have staging on these. Councilmember Trude stated she thought the owner of the land would have more concerns with the parcel before anyone e!se would. Discussion developed in regard to platting the property and installing utilities on the parcels. Councilmember Jacobson asked if there was a legal problem with platting the entire land if split. City Attorney Hawkins stated ifhe met the requirements of the lot split ordinance, he could split the property in half. Motion by Trude, Seconded by Knight, to approve Item No. 20 (Consider Lot Split/I6034 Crosstown Boulevard). Motion carried nn~nimously. (Resolution R069-03) DISCUSS REQUEST/03-2/WOODLAND CREEK GOLF VILLAS City Engineer Berkowitz explained this item is in regard to some concerns that have been raised by the developer/owner regarding the potential trunk sanitary sewer as part of the Rural Reserve Area that would be extended through the Woodland Creek Golf Villas development and golf course, Project 03-2. Regular Andover City Council Meeting Minutes-April], 2003 Page 7 Mr. Berkowitz stated the developer would like to record the Registered Land Survey at Anoka County but is not able to do so until an additional drainage and utility easement for the trunk sanitary sewer has been prepared and dedicated to the City in a recordable form, which was a condition of the lot split approval. Councilmember Jacobson thought this was a sixty-foot easement. Mr. Berkowitz stated they have currently a hundred foot easement and they are asking for an additional fifty feet. Mr. Vanelli stated they have met with staff and at the meeting everyone was in agreement that there were major concerns that there would be an impact to the golf course. Potentially the ninth hole could become non-playable. He stated their intention all along has been not an issue with the granting of the easement but the remedies that would be available to them in a normal taking scenario. They do not want to give up all their opportunities to make sure the restitution and any financial burden would not fall on them alone or potential developer or the City in the future. He stated they are open to suggestions and are not trying to hold this up but they are trying to protect themselves. Councilmember Trude asked if this was a condition of the original approval. Mr. Vanelli stated it was and they were aware of this but they want to make sure they are not burdened by this alone. City Attorney Hawkins stated he thought their concern was who would be responsible for the cost of the restoration and the City could add some additional language to the easement which he did not think was unreasonable. Mr. Vanelli stated by their letter, the potential costs are substantial. He would prefer the City give them the language they feel comfortable with that they would be able to live with and feel it was fair. Acting Mayor Ortte! asked if they could bring the course back to what it was to begin with. City Attorney Hawkins stated their concern was the loss of use of part of the golf course during this. Mr. Vanelli stated he would like the City to acknowledge the cost that will be incurred and that the golf course would not be sharing the burden of these expenses. Councilmember Jacobson stated he would be comfortable saying the City understands there is an economic dislocation, they will restore everything the way it was before and they would owe them some amount for business interruption. Councilmember Trude stated one option would be for the City to construct a temporary green. Acting Mayor Ortte! asked if there was construction happening within the hundred feet. Mr. Berkowitz stated at this time there is not. Motion by Jacobson, Seconded by Knight, to authorize the City Attorney and staff to work with the developer to come up with language which parallels discussion from the meeting tonight. Motion carried unanimously. -~ - - . - Regular Andover City Council Meeting Minutes - April}, 2003 Page 8 LETTER OF CREDIT REDUCTIONIDEVELOPMENT IMPROVEMENTSlHAMILTON SQUARE Finance Director Dickinson explained Mr. Edward Hamilton requested the City Council at the March 18, 2003 Council meeting to reduce letter of credit #98-40 for developer improvements related to the Hamilton Square commercial development by the amount of his next assessment payment ($11,212.89). Mr. Dickinson stated the Finance Department has reviewed the request by the Hamilton's and does not recommend that a letter of credit reduction of $11,212.89 be granted. Councilmember Trude stated she understood staff is working with potential developers. Mr.Neumeister stated the applicant will be coming within a few weeks. He stated by allowing the gas station to be built fJrst will start the trigger as to where the revenue will come from. Acting Mayor Ortte! asked once the transaction of the parcel goes through, the assessments would need to be paid up. Mr. Dickinson stated they would need to be paid in full. Motion by Trude, Seconded by Knight, to approve Item No. 22 (Letter of Credit ReductionlDevelopment ImprovementsIHamilton Square). Councilmember Jacobson stated he believed this is the third time this action has been approved and they cannot reduce the letter of credit any further if the deal falls through. Acting Mayor Orttel stated that even if the deal with the property did not go through, the City would not be affected by it. Motion carried 3 ayes, 1 nay (Jacobson). "- GAMBLING PREMISES PERMIT/ANDOVER LIONS City Clerk V olk stated the Andover Lions Club has applied for a premises permit to conduct a pull- tab operation at Pov's Sports Bar. In order for the State Gambling Control Board to reinstate the gambling license, the City must first approve a premises permit for the organization. In speaking to the Gambling Control Board, they have indicated concern regarding the internal controls of the organization as far as the gambling operation. They have also questioned the amount the Lions Club will be paying for heat, electricity and garbage. Council can ask that those bills be justified prior to action being taken on this item. Councilmember Trude stated she noticed they do not review the permit every year, once a license is given. Ms. V olk stated this was correct, they review them every two years. Councilmember Trude stated with looking at the staff report, have they seen any documentation regarding the bills for utilities, rent and garbage. Ms. V olk stated they have not and the State Gambling Board stated they could request copies of the bills from the owner of the bar. Regular Andover City Council Meeting Minutes-April], 2003 Page 9 Acting Mayor Orttel stated he thought they were asked to change the Ordinance to accommodate another organization going in and he was wondering if these are the same terms as proposed. Mr. Blackstad, 14349 Vintage, stated he be!ieved Andover Athletic had a signed agreement with Pov's. Acting Mayor Ortte! asked why this did not go. Mr. Blackstad stated the Association was getting ready to move their things in and the owner of Po v's decided he did not want to do it. Acting Mayor Orttel stated then there was not an agreement. Mr. Blackstad stated there was a signed agreement but they backed out. Mr. Erar stated he be!ieved in the signed agreement the lease amount exceeded the thousand dollars, which is what was permitted in the Ordinance. Councilmember Trude stated she thought the applicant had to go to the State first. Ms. Volk stated they have to apply for this first through the City and then they go to the State for approval and the State has so many days to approve it. Councilmember Trude asked if a member of the Lions Club could tell them how things will be put into place so their gambling license does not get suspended again. Mr. Gary Wrobe!, President of the Lions and Ms. Gail Roush stated she would be the gambling manager. Councilmember Trude asked how they would address community concerns about going back into the gambling business. Mr. Wrobe! stated they need to get more control on it. He stated there were no misallocations of funds but they should have had better control on their numbers. Councilmember Trude asked what kind of financial checks and balances they would be instituting to keep the State happy. Mr.Wrobel stated they have to have audits done by the State every three months for the first year and they will have their own accountant go through it. Ms. Roush stated they have more people involved this time around. Following discussion, Council consensus was to direct staff to get the bills from the establishment in order to give them a premises permit. Acting Mayor Ortte! stated in reading the State Gambling report, the items that were done were not small and he did not want to see that happen again. Councilmember Trude stated she read the report regarding managed planning and she believed the Coon Rapids Lions Club has come up with a software program and a formula for success and she wondered if they had looked at this. Ms. Roush stated they would obtain the report and software when the funds are available. Motion by Trude, Seconded by Knight, to table this item until further information regarding the utility bills are obtained. Motion carried 3 ayes, 1 present (Jacobson). .. - -- Regular Andover City Council Meeting Minutes - Aprill, 2003 Page 10 SCHEDULE EDA BOARD MEETING Motion by Trude, Seconded by Jacobson, to Schedule an EDA Board meeting for April 15, 2003 at 6:00 p.m. Motion carried unanimously. APPROVE PROFESSIONAL SERVICE AGREEMENT/COMMUNITY CENTER PROJECT City Administrator Erar explained RIM Construction and Rozeboom Miller Architects, project consultants for the community center project have submitted professional service agreements for Council approval. Councilmember Jacobson asked if they terminate the project, would RIM Construction be compensated for the work done up to the termination. Mr. Erar stated the owner will not incur any expense other than direct reimbursable expenses within the first ninety days of the project starting on March 4, 2003. City Attorney Hawkins stated in the agreement they should include the wording "will be compensated for all services due to the date of termination" and under the agreement they are not doing anything for the fIrst ninety days, so this should take care of it. Councilmember Jacobson asked if Rozeboom Miller Architects has anything in writing. Mr. Erar stated the agreement has been substantially negotiated but they still need to submit it in final form and he would propose to submit this on April 15, 2003 to the Council. Discussion regarding expenses reimbursed ensued. Councilmember Trude stated she would like a limitation on their reimbursables be added to the contract. Motion by Jacobson, Seconded by Knight, to approve the professional service agreement with RIM Construction as presented with the additions and changes and also note there is an Exhibit A attached to the standard construction form. Councilmember Trude asked if there was anything that came up in the discussion that they should have the City Attorney look at. She is worried about the hourly rate kicking in. Mr. Erar stated it is a percentage on both contracts and if they are requesting additional costs for additional services, the Council would have to approve the additional costs. Councilmember Trude stated she is more concerned with the hourly rate. Motion carried unanimously. REVIEW CDBG RENTAL HOUSING REHABILITATION PROGRAM City Development Director Neumeister explained in February, Anoka County tentative!y "---- -- -- .-- Regular Andover City Council Meeting Minutes-April]. 2003 Page 11 approved of Andover's CDBG application to establish a program for the rehabilitation of rental housing where the residents are low or moderate income. The program coordinator for Anoka County has informed the City that the next step in the pursuit of the CDBG funding is to put together the details of the program that will be implemented and this must be provided to them by April 8, 2003. The City staff would put together a mailing to the owners of rental units to explain the program. The loan program could be set up to be deferred, interest or non-interest bearing. The staff suggested that to make it advantageous to the owners to participate, it may need to be deferred with a portion being an outright grant or non-interest bearing. The City would like to make all rental buildings that are 2·8 units eligible for the program on a competitive basis. The basic program for upgrading the rental units would be a combination of potential improvements. In explaining the basic program to owners, it would be emphasized that the owners of the units may want to take advantage of the program to help them upgrade the units and at the same time ready them for separate owner occupancy. Staff would put together information for the owners of the rental unit that would explain the process whereby the owner could potentially make the improvements and if they were side-by-side duplexes they could ultimately be split. Councilmember Trude stated she liked the idea of the funds being either deferred or non-interest bearing. Motion by Trude, Seconded by Orttel, to direct staff to move forward with the program as discussed with an interest rate of three percent. Mr. Erar stated in terms of this program, if it is the intent of the Council to allow the program to grow in scope, they should consider a low or below market interest rate to allow the loan dollars to grow in a certain respect and allows the principal amount to also grow. Mayor Gamache returned to the meeting at 9:22 p.m. Motion carried 4 ayes, 1 present (Gamache). Regular Andover City Council Meeting Minutes - Aprill, 2003 Page 12 CONSIDER RESULTS OF INTERSECTION STUDY/STOP SIGNS AT 139m A VENUE & QUINN STREET City Engineer Berkowitz explained that in reviewing criteria set by the Minnesota Manual on Uniform Traffic Control Devices, in staff's opinion it does not meet any of the criteria and it is also staff's opinion that the other options that are available in determining if a 4-way stop is warranted do not meet any of the criteria. The Anoka County Sheriff's Department has indicated to City staff that there were no reported accidents at the intersection. Mr. Berkowitz stated there are a couple of trees that appear to be restricting view in the southeast and southwest corner of the intersection. It is staff's recommendation that they meet with the property owners regarding the trees to discuss removing them if they are in the right-of-way and obstructing view or work with them to trim the trees to provide a better sight distance. Councilmember Trude stated she would hate to see them taking down trees for view. Councilmember Ortte! asked if they could put up some signs indicating an intersection ahead. Mayor Gamache stated he thought they needed a four way stop because they are really long roads. Ms. Ann Wiege stated she addressed this issue last year when they sent around a petition for safety reasons. She stated people drive overly confident through the intersection and most of the neighbors brought up this same concern. She stated she liked the idea of having trees trimmed to aid in visualization. Discussion ensued in regard to the problem with the traffic in the area and what could be done. Councilmember Jacobson asked if staff could contact the people on the comer in regard to the trees and if they could put up signs for the people who do not know the area and see how that works. CONSIDER RESULTS OF INTERSECTION STUDYISTOP SIGNS AT 174m lANE AND BITTERSWEET STREET City Engineer Berkowitz explained that in reviewing the criteria A-D of the Minnesota Manual on Uniform Traffic Control Devices, staff's opinion is that Criteria A applied to Bittersweet Street NW as the less important road based on traffic volumes. But it is staff's opinion that the west leg of 174th Lane NW should have a stop sign as the road provides a safer situation as it appears to have the best sight distance to conflicting traffic. . Motion by Jacobson, Seconded by Knight, that based on the evaluation that a stop sign be installed for the west leg of 174th Lane NW at Bittersweet Street N.W. Motion carried unanimously. Regular Andover City Council Meeting Minutes-Aprill,2003 Page 13 CONSIDER RESULTS OF INTERSECTION STUDYISTOP SIGNS AT STATION PARKWAY & THRUSH STREET City Engineer Berkowitz explained that in reviewing the criteria set by the Minnesota Manual on Uniform Traffic Control Devices that it does appear to meet one of the criteria. Even though the intersection is not a residential district, the intersection of the two is collector streets of similar design and operating characters. Placing a 4-way stop sign situation at this intersection would improve traffic operational characteristics of the intersection and improve safety concerns for pedestrianslbicyclists which are anticipated to be higher with the shopping areas. Motion by Jacobson, Seconded by Knight, that based on the evaluation a muItiway 4-way stop sign be installed. Motion carried unanimously. The City Council recessed at 9:40 p.m. The City Council reconvened at 9:45 p.m. MAYOR/COUNCIL INPUT (Ordinance Review) - Councilmember Jacobson asked how they were doing on reviewing the Ordinances. Mr. Erar stated they are finalizing review of the Ordinance.lt has been a very intensive process of going through and codifying all the Ordinances and they should have this completed in the next thirty days. He stated there was a lot of work that was done through all of the City Departments and Sterling Codifiers. (Anoka County Survey) - Councilmember Trude stated she noticed when they received the notice of tax statement the County has a survey included asking where the taxpayers want the money spent and it might be prudent for everyone to fill out the survey and indicate where the residents want the money allocated. (Community Center Meetings) - Councilmember Trude stated she had a question about what activities would be going on at the Community Center. The YMCA has a lot of people involved and not a lot of the City Council is involved so she is concerned about the role they will be playing. Another concern she has is the minutes of some of the meetings have items that should probably be discussed at the Stakeholder Group meetings. She stated there were a lot of issues that the Councilmembers might want to be involved in and some of them are policy issues and it will be critical to have some of the ice hockey people involved. Councilmember Knight stated he had some of the same concerns because the present Planning and Design Committee is made up of staff and the YMCA with no community people, which is not the way he understood it would be. He would like to get some clarification as to what each committee does. Regular Andover City Council Meeting Minutes-April], 2003 Page 14 Mr. Erar stated the ARC group is a body of City staff represented by department heads that reviews a range of development related issues. The Facility Building Team consists of City staff and the YMCA staff along with the architect and CM. The Facility Building Team is a staff work team that would be assembled to work on the project with respect to a variety of detailed considerations. They do not make any decisions in terms of quality of the building; these are all items that would be advanced to the Stakeholders Design Group and then ultimately the City Council. He stated they go through the process of identifying issues associated with impacts on budgets and code issues regarding the facility. This is a work team and they are not making decisions in terms of the items but they are involved in assembling information that would be brought up to the next two levels with the City Council being the final decision makers on it. Councilmember Trude described the different groups that were discussed and agreed upon at a previous meeting. She wants all the meetings to be noticed because she wants to watch them all and attend them when possible. Discussion ensued in regard to the responsibilities of each of the different groups and how the City Council and community needs to be involved. Mr. Erar stated an issue they had talked about was conducting a tour that would be hosted by the architect of the New Ulm Community Center Facility for April 16 or April 18. Councilmember Jacobson asked if there was a facility closer. Mr. Erar stated the architects were involved in the development of the New Ulm Facility. Councilmember Jacobson stated he should set a date and indicate open spaces on the bus and then let whoever wants to go sign up for it. (City Day in St. Paul) - Mr. Erar stated the League is sponsoring a City Day in St. Paul on April 9, 2003 and he wanted to know if anyone was interested in attending. Mayor Gamache stated he might try to make it but he did not know what his schedule looked like. Mr. Erar stated he would need the RSVP within the next couple of days. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:45 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary - --- ----