HomeMy WebLinkAboutCC November 18, 2003
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755·5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, November 18, 2003
Call to Order -
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (11/04/03 Regular; 11/4/03 Exec. Session; 11/05/03 Special; 11/06/03 Special)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Change Order #1 (Compensating)/02-50/Maple Hollow - Engineering
4. Approve Change Order #IR (Compensating)/02-48/Shady Oak Cove - Engineering
5. Declare Costs/Order Assessment Roll/00-42/ Aztec Estates - Engineering
6. Declare Costs/Order Assessment Roll/02-47/Foxburgh Crossing - Engineering
7. Declare Costs/Order Assessment RoIU02-50/Maple Hollow - Engineering
8. Declare Costs/Order Assessment RoIV02-48/Shady Oak Cove - Engineering
9. Approve Final Plat/Andover Marketplace East-Planning
10. Authorize Administrative Letter of Credit Reductions - Finance
II. Acknowledge Status Change/Building Inspection Department - Administration
12. Accept Petition/Order Feasibility Report/03-35/Bunker Lake Village - Engineering
Discussion Items
13. Receive Anoka County Sheriffs Department Monthly Report - Sheriff
14. Consider Lot Split/I 869 157'h Lane NW - Planning
15. Approve Design Development/Andover-YMCA Community Center - Administration
Staff Item
16. Schedule EDA Board Meeting -Administration
17. Schedule City Council Workshop/Private Development Issues - Administration
18. Youth First Update/Consider Donation - Finance
Mayor/Council Input
Adjournment
Regular Andover City Council Meeting
Minutes - November 18, 2003
Page 11
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER IS, 2003
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE .....................................................................................................1
RESIDENT FORUM.,................................................................................................................1
AGENDA APPROV AL .............................................................................................................1
APPROVAL OF MINUTES.......................................................................................................2
CONSENT ITEMS
. Approve Payment of Claims .....................:...........................................................................2
Approve Change Order #1 (Compensating)/02-50/Maple Hollow(R197-03)......................2
Resolution R198-03 approving Change Order #IR (Compensating)/02-48/Shady Oak2
Cove .................................................................................................................................2
Resolution R199-03 declaring Costs/Order Assessment RoIIJ00-42/Aztec Estates.............2
Declare Costs/Order Assessment RollJ02-47/Foxburgh CrossÏng(R200-03) .....................2
Declare Costs!Order Assessment Ro11J02-50/Maple Hollow(R201-03) ..............................2
Declare Costs!Order Assessment RoIV02-48/Shady Oak Cove(R202-03) ..........................2
Approve Final Plat/Andover Marketplace East(R203-03) ...................................................3
Resolution R204-03 authorizing Administrative Letter of Credit Reductions.....................3
Acknowledging Status Change/Building Inspection Department ........................................3
Accept Petition/Order Feasibility Report/03-35/Bunker Lake Village (Res. R205-03).......3
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received ................................................................................................................................3
CONSIDER LOT SPLIT/1869 157TI1 LANE NW
Motion to approve Resolution (R206-03) .............................................................................3
APPROVE DESIGN DEVELOPMENT/ANDOVER - YMCA COMMUNITY CENTER
Motion to approve..................................................................................................................4
Motion to authorize.........,......................................................................................................4
ORGANIZATION MEMBERSHIP
Motion to not renew...............................................................................................................6
SCHEDULE EDA BOARD MEETING ....................................................................................8
SCHEDULE CITY COUNCIL WORKSHOPIPRIV ATE DEVELOPMENT ISSUES.............8
YOUTH FIRST UPDATE/CONSIDER DONATION ...............................................................9
MA YORlCOUNCIL INPUT
Invite AMM and North Metro Mayors Association to City Council Meeting ......................10
Rebuilding Dam by Round Lake ...........................................................................................10
ADJOURNMENT ......................................................................................................................1 0
~~
C I T Y o F ~ Id,-;),-O"B
NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER I8, 2003
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, November 18, 2003, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, MinnesotL
.
Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
Councilmembers absent: None
Also present: City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Finance Director, Jim Dickinson
Community Development Director, Will Neumeister
City Administrator, John Erar
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
Remove 11/5 and 11/6 (Special Meeting Minutes) from the Agenda. Add Item 113, (Constance Free
Church) to Consent Items; Add Item 1530 (Organization Membership) to Discussion Items.
Councilmember Knight explained he was not real clear about Item 12a and wondered if they should
move this down to Discussion Items. Councilmember Orttel explained Constance Free Church
petitioned for water. Councilmember Knight asked if there was a cost issue involved with this item.
Councilmember Orttel explained he thought this had been worked out with staff and all they needed
to do was approve this.
City Engineer Berkowitz explained they have petitioned for water and through discussions with staff
they have found a creative way to fInance this. City Finance Director Dickinson explained they had
some dollars available to them and they could use some of the money for construction to be used for
this. The City will be made whole through the assessment through a 429 process. It is a slightly
modified arrangement he is comfortable with. This can be classified as an investment for the trunk
fund because they will be paying interest.
Regular Andover City Council Meeting
Minutes-November 18,2003
Page 2
Councilmember Trude asked if they were hooking up the water only for water suppression. Mr.
DickinSon explained they will use the water for their fire system and for potable water but it would
not be used for watering the lawns.
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
carried unanimously.
APPROVAL OF MINUTES
November 4, 2003, Regular Meeting: Correct as amended.
Councilmember Trude noted under resident forum, the Scout Masters name was spelled wrong and
should be spelled "Bies".
Councilmember Trude explained she had a change to the motion on page 16. She would like the
motion to reflect that they agreed to schedule a meeting with the County Officials on County
Transportation Issues and to consider a Meth Lab ordinance with an emphasis on traffic issues.
Councilmember Knight explained he had a change on page 12, fourth paragraph. The sentence
should read "Councilmember Knight asked if Mr. Westlund thought the pieee ef land price of
developing the land was too expensive."
Motion by Jacobson, Seconded by Trude, approval of November 4, 2003, Regular Meeting Minutes
as indicated above. Motion carried unanimously.
November 4, 2003, Executive Session: Correct as written.
Motion by Orttel, Seconded by Jacobson, approval ofNovember4, 2003, Executive Session Minutes
as indicated above. Motion carried unanimously.
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Approve Change Order #1 (Compensating)/02-50/Maple Hollow (See Resolution
RI97-03)
Item 4 Approve Change Order#IR (Compensating)/02-48/Shady Oak Cove (See Resolution
RI98-03)
Item 5 Declare Costs/Order Assessment RoII/OO-42/Aztec Estates (See Resolution RI99-03)
Item 6 Declare Costs/Order Assessment Ro1I/02-47 / Aztec Estates (See Resolution R200-03)
Item 7 Declare Costs!Order Assessment Ro11J02-50/Maple Hollow (See Resolution R201-
03)
Regular Andover City Council Meeting
Minutes-November 18,2003
Page 3
Item 8 Declare Costs!Order Assessment/02-48/Shady Oak Cove (See Resolution R202-03)
Item 9 Approve Final Plat/Andover Marketplace East (See Resolution R203-03)
Item 10 Authorize Administrative Letter of Credit Reduction
Item 11 Acknowledge Status Change/Building Inspection Department (Herb BIommel,
Assistant Building Official; Rick Jarson, Permanent Full-Time)
Item 12 Accept Petition/Order Feasibility Report/03-35/Bunker Lake Village (See Resolution
R204-03)
Item 12a Accept Petition/Order Feasibility Report/03-36/Constance Free Church/WM (See
Resolution R205-03)
Motion by Trude, Seconded by Ortte1, approval of the Consent Agenda as read. Motion carried
unanimously.
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Captain Jenkins, Anoka County Sheriffs Department, provided an update on law enforcement
activities occurring within Andover.
Councilmember Knight stated some of the items have started to jump and he wondered if the general
tone of criminal behavior is changing because some of the items have jumped dramatically. Captain
Jenkins explained overall for a full year, he does not see any major spikes.
Councilmember Orttel explained the entire year to date has jumped. Captain Jenkins stated they
have seen a larger influx of students in the High School and some of these problems will become
inherent. This surnrner they did see a spike in damage to properties. Councilmember Trude asked if
this was vandalism. Captain Jenkins stated it was.
Captain Jenkins explained they are taking overt steps in trying to stop theft in certain hot pockets
within the City. They have deterred quite a few but they have not made any arrests yet.
Councilmember Orttel stated the damage to property, misdemeanor arrests and thefts are up fifty
percent. He asked if this is because they have had more time to do reports. Captain Jenkins stated
adding another staff person has helped and they have had time to be proactive, spending less time
reacting to crimes. He explained there is more traffic with people moving out to the suburbs. Also,
the technology has increased in their cars as well and they have much more access to technical datL
Councilmember Trude questioned an accident that occurred on Bunker Lake Boulevard a week
before. Captain Jenkins explained what the accident was about.
CONSIDER LOT SPLIT/I869 ISth LANE NW
Community Development Director Neumeister explained the property owner is seeking approval to
Regular Andover City Council Meeting
Minutes-November 18,2003
Page 4
divide the subject property into two single-family rural residential lots.
Mr. Neumeister explained the property owner is proposing to split his 6.86 acre double ITontage lot.
The existing home will access on to 157th Lane while the new lot will have access onto Linnet Street
where the street ends in a cul-de-sac at the back edge of the property.
Mr. Neumeister stated the applicant had applied for a variance to the 160-foot minimum requirement
for cul-de-sac lot ITontage in the R-l rural residential district. The City Council was advised by the
City Attorney that a variance was not necessary at the October 7,2003 Council meeting. The new lot
is in conformance with the minimum lot ITontage requirement.
Councilmember Trude stated the report shows water and sewer hookups are 350 feet away from the
lot line, and asked if they are going to restrict the location of homes that would be built on this lot
split to accommodate if that area was subdivided further. Mr. Neumeister stated the orientation will
face Linnet Street.
Mayor Gamache asked if Linnet Street will eventually go through. Mr. Neumeister stated this is
what they are anticipating.
Motion by Jacobson, Seconded by Orttel, to approve the proposed lot split with the conditions
included in the resolution. Motion carried unanimously. (Resolution R206-03)
APPROVE DESIGN DEVELOPMENT/ANDOVER - YMC4 COMMUNITY CENTER
City Administrator Erar explained the design process for the Andover-YMCA Community Center
project has advanced through the design-development stage. At this point in the process, the City
Council is requested to approve the design-development stage and authorize the project architects
and construction manager to proceed forward with the construction document phase.
Mr. Erar explained the project timeline called for the completion of the design-development stage by
November 19, 2003. This date has been advanced to November 18 for Council approval. Given the
YMCA's recent decision to pursue two water slides in the aquatic center, additional time is necessary
to complete the architectural detailing associated with these changes.
Mr. Erar stated that with approval of the design-development stage, Council is requested to authorize
the architect to begin the construction document stage of the project, which in turn is necessary to bid
the full project out in early 2004. The construction manager will also be responsible for developing
and grouping bid packages based upon the final construction documents prepared by the architects.
Mr. Erar noted that as of November 4,2003, the City has expended $148,436.02 for architectural
services and $53,770.38 for construction manager services. Total accounting to date, which includes
the aforementioned architectural and construction management services, engineering fiscal advisory
and capital campaign consultant services, the City will have spent $310,315.45 on various project
Regular Andover City Council Meeting
Minutes-November 18,2003
Page 5
services.
Mr. Erar explained the looking forward, contractual costs related to the preparation of construction
documents by RJM Architects is anticipated at $255,672. Construction management costs will also
increase based on a time and material basis, along with other supporting consultant fees. At this
point, stafftirne has not been included as a separate project expense.
Ted Rozeboom ofRJM Architects updated the City Council on the Community Center project.
Councilmember Jacobson stated his understanding of approving this item, will ITeeze the design of
the Community Center so there will not be any more major changes to the building. Mr. Rozeboom
stated that was true.
Councilmember Trude asked if there were any concerns regarding sharing the building with the
YMCA for security reasons. Mr. Rozeboom explained he was out of town and could not make that
meeting. Mr. Erar explained that they met with the security consultant and they were able to work
within the current configuration of the building to address all the security issues at both the east and
west entrances. The person they are looking at right now has given them some valuable information
as part of that process. As the City goes forward, they will develop a design of the security and this
will be brought back to the stakeholders and Council to take a fmallook at that.
Councilmemher Trude asked if this will impact their documents. Mr. Erar explained it would not.
Councilmember Jacobson asked if they approve this tonight, will the YMCA need to take action on
this also. Mr. Erar explained at the last meeting, the YMCA understood this was going to design
development and the YMCA will be meeting tomorrow with their Board. In terms of the
design/develop, it is with the exception of the aquatics. He explained the YMCA does not have to
take the same action because this is an action between the City Council and the architect. The
YMCA is aware of the motion.
COUDcilmember Jacobson asked if they make a motion tonight could they make this contingent on
the YMCA action tomorrow. Mr. Erar stated he did not know what they will be discussing
tomorrow.
City Attorney Hawkins explained the City's agreement with them does not require the YMCA to
approve any of this, it within the City's authority and the City Council are the ones making the fmal
decision on this.
Councilmember Knight asked if there will be gates in the main hallway. Mr. Erar stated there will
not be any gates because of fIre code requirements but there will be a combination of keyless entries,
security cameras and alann systems in the various areas of the facility for security and the
recommendation by the security person is that this should be more than adequate.
Councilmember Trude asked if they are going to have cameras, wouldn't they need someone to
Regular Andover City Council Meeting
Minutes - November 18, 2003
Page 6
watch them. She noted this would mean another person on staff that they did not have on their
proforma. Mr. Erar stated this was true but he believed Councilmember Jacobson was at the facility
team meeting when the security consultant was there. Councilmember Jacobson stated they can zone
the camera and alarms for the individual areas. The cameras themselves do not alert anyone but at
least they could see what went on.
Councilmember Orttel asked if this dictated another person. Councilmember Jacobson stated it did
not.
Mr. Erar explained Councilmember Jacobson had an idea that after hours, they could connect
through the internet into the cameras so they could see in the building.
Motion by Jacobson, Seconded by Trude, to approve the design-deveIopment as presented, with the
exception of the aquatic center which is still being worked on. Motion carried unanimously.
Motion by Trude, Seconded by Jacobson, to authorize the moving forward of the construction
document phase of the project. Motion carried unanimously.
ORGANIZATION MEMBERSHIP
Councilmember Knight explained at the workshop a week ago, they talked about the expense of
maintaining three memberships. The total is around $40,000. The memberships would be the
League, AMM, North Metro Mayors Association and two Chamber of Commerce memberships. He
stated at that time he abstained because he did not have enough information to vote on it. Since then,
he has researched this and he would rather see some of the money go towards park expenditures
instead of to all the memberships because as he understood it they have had to cut the parkbudget
drastically.
Councilmember Knight stated he thought they needed the League membership and he felt one of the
other two memberships could be eliminated. He explained the Parks Department needed more
people to maintain the park system in the City.
Councilmember Trude stated she made a motion to drop the AMM at the workshop in order to focus
on the local one and she wondered if they could drop one of the Chambers of Commerce.
Mayor Gamache stated he could see the point because they are in a budget crisis but this becomes an
issue that seems to rub the organization and members of the organizations the wrong way. He
thought they should stay and keep the status quo as far as what they are doing with these
organizations to have some influence on the legislative session that will be coming up and to
continue to work with the organizations which he thought has been an asset to their City.
Councilmember Knight stated he was told to replace three parks people would be $8,000. Mr.
Dickinson asked if that was for three part-timers. He explained he did not know what it would cost
Regular Andover City Council Meeting
Minutes-November 18,2003
Page 7
for a part timer.
Mr. Erar thought this would be for seasonal part-time people as opposed to regular part-time people.
He explained the full-time parks position was offset by reducing some of the hours in seasonal. It is
not only the Parks Department but all of the departments that have been squeezed with respect to
trying to fit in and take care of business as the City continues to grow. He discussed this with
Superintendent Frank Stone and they will continue to meet the needs of the park system. Other
departments have forgone staffmg because of the budget issues the City faces. He thinks ITom an
operation standpoint they are able to meet those operational requirements in their current state and
into 2004.
Councilmember Trude stated they have also added a park in her neighborhood and Prairie Knoll Park
will have the two football fields and warming house. She explained that the presentation made to the
Council which they rejected suggested they start charging the Association fees for using the parks
because that was seen as a way to help maintain the parks so when they took that away, some of the
Council went into problem solving mode. She stated there is a real concern that there will be a
substantial loss of services next summer and everyone got complaints. She explained she cannot go
through another summer like this last one.
Motion by Knight, Seconded by Trude, to not renew their membership in the AMM and to target that
money to part time seasonal park personnel.
Councilmember Orttel stated that cities spend money to lobby the State Legislatures to get more state
money but the truth is that this is the only way to get the funds and what they do not realize is that
fiscal disparities are on the table and Andover is the biggest recipient of those in the State. He noted
this is a metropolitan issue and not an out state issue. If fiscal disparities go, they will probably lose
2.3 million dollars. Mr. Dickinson explained they would see a significant increase in their tax rate.
Councilmember Orttel explained if they believe in what the Organizations do, then they should be a
member.
Discussion continued as to why they should and should not renew their membership in the AMM and
other Organizations.
Mr. Erar explained operationally and administratively the Council relies on his office as well as staff
to come up with an operations budget that meets the needs of the community. They have done this
and the budget is balanced. The Departments can respond to the service issues arising in 2004 and
he does not believe any changes beyond what the Council discussed at the last work session are
necessary. He noted that there is no recommendation on the part of staff to make this change.
Discussion continued regarding the problems they have had at the various parks and how these could
be solved.
Mayor Gamache stated they may want to have an update ITom the North Metro Mayors Association
to fmd out what their agenda is and what they are working for.
.
Regular Andover City Council Meeting
Minutes-November 18,2003
Page 8
Motion carried 3 ayes, 2 nays (Gamache, Orttel).
Councilmember Knight stated he would not have a problem in the future to have further discussion
to substitute something else.
SCHEDULE EDA BOARD MEETING
Motion by Orttel, Seconded by Jacobson, to schedule a Special EDA Board meeting for Tuesday,
December 2,2003 at 6:15 p.m. Motion carried unanimously.
SCHEDULE CITY COUNCIL WORKSHOPIPRIVATE DEVELOPMENT ISSUES
City Administrator Erar explained at the November 4,2003 Council meeting, it was decided to table
the Woodland 6th Addition Sketch Plan, with the developer, Woodland Development, agreeing to a
60-day extension. The purpose of this extension was to allow Council the opportunity to gather
additional information and discuss planning issues associated with the Rural Reserve area.
Mr. Erar noted that in addition, Scott Wold Development has requested a special meeting to present
an alternate site plan associated with Whitetail Ridge. The Planning Commission raised several
concerns with the original site plan, and in response the developer is proposing an alternate site
layout that includes more compact housing levels and a different type of single-family housing stock
for this area.
Councilmember Trude thought the people who have attended public hearings on both of these should
be notified of this meeting. She stated her only problem with Whitetail Ridge is if they are going to
look at anything out of the ordinary, is next to the people who have gone to all the meetings
regarding the rural reserve and were told there would not be anything happening around them. Now
there is going to be sewer and water in the area and they are going to have strong opinions on it. She
would like to see what is being proposed but eventually they need to let the public know what they
are talking about.
Motion by Jacobson, Seconded by Orttel, to schedule a Special City Council workshop on Monday,
December 15, 2003 at 7:00 p.m. for a joint meeting with the Andover Planning Commission to
discuss and review private development proposals submitted for the rural reserve. Motion carried
unanimously.
YOUTH FIRST UPDATE/CONSIDER DONATION
City Finance Director Dickinson explained at the July 15, 2003 City Council meeting the Council
approved a $2,500 donation to Youth First and deferred a decision on the remaining initial request by
Regular Andover City Council Meeting
Minutes - November 18, 2003
Page 9
Youth First of $5,000 for 2003 until November 2003.
Mr. Dickinson stated the donation approved by the Council on July 15,2003 was made out of the
2003 Contingency Fund as directed. The remainder of the donation was to be reviewed by the
Council in November based on available Contingency Fund budget. After reviewing the 2003
Contingency Fund only $2,600 is available for fulfilling a $2,500 donation.
Mr. Dickinson noted Youth First has provided a request for a $5,000 donation in 2004. The
proposed 2004 budget does contemplate making a $5,000 donation.
Mr. Dickinson explained this donation request was not budgeted for in 2003. Any fimding provided
through the Contingency Fund would reduce available funding for unforeseen expenses.
Mr. Dickinson discussed the information with the City Council
Councilmember Knight asked if there would only be $100.00 left in the contingency fund. Mr.
Dickinson stated this was correct.
Councilmember Trude asked if this was fiscally prudent and did they have other sources they could
turn to if something else would come up. Mr. Dickinson explained this had a significant reduction
from when they had to deal with the first cuts of the legislature. The question is ifCounci. wants to
defer this until a review at the end of the year and if there are dollars available, they could make a
donation of what is left.
Councilmember Jacobson wondered if they could cut a check for the full donation for 2004 in
January 2004 instead of $2,500 this year and then the donation in 2004. Mr. Dickinson stated it
could be done-either way.
Motion by Trude, Seconded by Jacobson, to approve the second part of the donation to Youth First
for $2,500 in 2003 using the remaining funds ITom the Contingency Fund.
Councilmember Orttel asked if they received a budget for 2004 so they know how the money will be
spent. Mr. Dickinson explained he thought they received a report in July and again in August.
Motion carried unanimously.
MA YOR/COUNCIL INPUT
(Invite AMM and North Metro Mayors Association to City Council Meeting) - Mayor Gamache
asked Mr. Erar to invite Mr. Gene Ranieri of AMM and a representative &om North Metro Mayors
to attend a Council meeting in December to give them updates on the upcoming work for next year
and also the work they have done.
Regular Andover City Council Meeting
Minutes-November 18,2003
Page 10
(Rebuilding Dam by Round Lalœ) - Councilmember Orttel stated they received an email from two
neighbors who live by Round Lake and who have some arguments regarding the proposal to rebuild
the dam. He wondered if staff was working on this. Mr. Berkowitz stated he has been
communicating with the resident and the City does meet all criteria when it comes to the drainage
and utility easement. Councilmember Orttel stated the resident was concerned about the water
flooding the trails. Mr. Berkowitz explained they have discussed this matter with the resident and
they have met criteria and are ready to start work on the project.
Councilmember Knight asked if there was any way Mr. Berkowitz could describe what will be done
with the Beaver dam. Mr. Berkowitz showed the plans and pictures of the beaver dam to the Council
and explained what they are proposing to do.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:18 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
-,