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HomeMy WebLinkAboutCC September 3, 2002 I ~ Cù:JJ uJ-li.:tLul C¡-11-()~ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 3, 2002 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. I AGENDA APPROV AL.............................................................................................................2 APPROVAL OF MINUTES......................................................................................................2 CONSENT ITEMS Approve Payment of Claims .......... .... ............................ ......... ....................................... ...... 3 Approve Transfer rrom the Road and Bridge Fund ............................................................. 3 Appointment Recommendations/Public Works............. ........................ .............. ......... ....... 3 Approve Tobacco LicenselLC Tobacco, Inc........................................................................ 3 Resolution R130-02 adopting Assessment RolllWaive Public Hearing/OO-39/ Chesterton Commons North 2nd Addition ...................................................................... 3 Resolution R131-02 adopting Assessment RolllWaive Public Hearing/OO-411 Red Pine Fi elds ............................................................................................................... 3 Resolution R132-02 adopting Assessment RolllWaive Public Hearing/OO-40/ Woodland Oaks.... ...................... ........... ........................ ................................... ............... 3 Approve Adjustment to Architectural Plans for Clarence Zuleger/Andover Awards And Embroidery/3138 - 162nd Lane NW .......................................................................3 APPROVE TEMPORARY NON-INTOXICATING LIQUOR LICENSEILIONS CLUB....... 3 Motion to approve ..... .................. ............................................................................ ........ ...... 3 CONSIDER LOT SPLITIBEBERG LANDSCAPINGI13530 HANSON BOULEVARD Resolution R133-02 to approve............................................................................................5 CONSIDER AMENDMENT TO ORDINANCE 214rrREE PRESERVATION/SIZE OF TREE REDUCTION Motion to approve Ordinance 214 ........................................................................................ 5 ADOPT 2003 PRELIMINARY TAX LEVY AND PROPOSED 2003 BUDGET Resolution R134-02 to approve............................................................................................6 SET TRUTH IN TAXATION HEARING DATE..................................................................... 6 CONSIDER REQUEST FOR FENCING/01-2/NEW BALL FIELDS WEST OF HIGH SCHOOL Motion to approve .... .................................................................................. ..................... ...... 7 AWARD BIDS/98-02IBUNKER LAKE BOULEVARD PEDESTRIAN UNDERPASS Motion to Deny.......... ................ ..................................................................................... ...... 8 LETTER OF CREDIT REDUCTIONIDEVELOPMENT IMPROVEMENTSIHAMILTON SQUARE Motion to approve........................................................... ................... ............................. ...... 9 -,._----- I Regular Andover City Council Meeting Minutes - September 3, 2002 Table afContents Pageii MAYOR/COUNCIL INPUT Research on Transfer Stations Motion to accept ........................ ................................ .............................................. ........ 10 Consider YMCA Marketing Study Motion to approve... ............ ........ ............... ........ ........ ........ .................. ............................ 10 Construction on Hanson and Crosstown Boulevard ............................................................. 11 Multi-Family Housing Moratorium ...................................................................................... 11 Primary Election Day.................................. ......................... ...... .......... ............ .............. ....... II SOO Megahertz Meeting ........................................................................................................ 11 High School Football Game.................................................................................................. II Tanners Restaurant Opening ............................................... ........ .......................................... 11 Special EDA meeting Motion to Schedule Meeting............................................................................................ 12 ADJOURNMENT...................................................................................................................... 12 ~- ----.- -- .-.---. -- . ,- ~. - Q..Q) CITY of ANDOVER ~~-I1~ REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 3, 1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 3, 2002, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude CounciImember absent: None Also present: City Attorney, William Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Cornmunity Development Director, Will Neumeister City Administrator, John Erar Others RESIDENT FORUM Dave Olenchak - 4643 159th Avenue NW, stated he wanted to explain the addition to his pole barn. He stated he is a car enthusiast and is actively associated with MSRA, the Street Rod Association, and deals with people a lot. When they purchased the property, there were two pole bams fourteen feet apart and a horse barn. At the time, it was everything they wanted. Councilmember Trude asked ifhas been working with the City staff on this and why he is coming to the Council. Mr. Olenchak stated he has been told to tear down the addition to the pole barn because he did not get a permit to add on but he does not understand why it has to be tom down ifit improves the property. He stated he exceeded the grand fathered in horse barn and he would not do this again. He has had problems with walking and the addition has made it easier for him to enjoy his hobby. He has a neighbor who is upset but he was not sure why. He believed it is because of the added traffic in the neighborhood. He was confused because he asked what he could do to make this right. He asked David Almgren if he could leave the roof and make it a carport because there is wiring across the ceiling. He was told he could not because in a year, the sides would be back up. Councilmember Knight asked how big the lot is. Mr. Olenchak stated it is 1 1/3 acres. Councilmember Jacobson asked if this was referred to the Attorney for prosecution. City Attorney Hawkins stated he thought it sounded familiar. Mayor Gamache stated what they would do at this point was refer it to staffto handle because they did not have any background on this case so he was not sure what would come of this. Mr. Erar stated that since this was referred to the Attorney, Council could request information for the .- . Regular Andover City Council Meeting Minutes - September 3, 2002 Page 2 next meeting but since this was given to the Attorney, it is out of the Council's hands because it violates the City Ordinances. Mayor Gamache stated he would like to see history on this item. Mr. Olenchak stated he understood this was turned over to the Attorney and he was told he should appear before the Council first. He stated he was concerned with the $1,000 fine or 90 days injail. Councilmember Jacobson asked if Mr. Olenchak received a letter with a deadline to take down the addition. Mr. Olenchak stated he was not sure. He has talked to Dave Almgren regarding this and every time Mr. Almgren has been short with him. He did not understand why a person couldn't get information on what can be done on their property. Councilmember Trude stated the rules are different throughout the City and it would be helpful to bring information regarding the property when applying for a permit. Mr. Olenchak stated that his attorney has contacted City Attorney Hawkins. Mr. Hawkins stated he has not heard from the attorney and he has sent a letter giving him ten days to clear up the matter and he has had no response. Councilmember Jacobson stated he has been following this because he has received a few complaints. Mr. Erar stated there are a few violations and one is a permit was not pulled and he could provide the Council with additional information. Mayor Gamache stated Mr. Olenchak should get into contact with his lawyer to try to contact City Attorney Hawkins regarding this. He asked City Attorney Hawkins if the Council could receive information on this for the next Council meeting. Mr. Erar stated he would get the infonnation and copy Mr. Olenchak with the infonnation. AGENDA APPROVAL Add Item l6a, (Letter of Credit ReductionlDevelopment Improvements/Hamilton Square). Remove ITOm Consent Items for discussion Items 5, (Approve Temporary Non-Intoxicating Liquor License/Lions Club). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 20, 2002, Regular Meeting: Correct as amended. Councilmember Trude stated she had a few changes. One change is on page 7, fourth paragraph ".. . and it would become a park where things happen where it would not be slIbjeeti'¡e subiect to view by the police officers..." and also on page 13, fourth paragraph "If they get the funds, they . .- T Regular Andover City Council Meeting Minutes - September 3, 2002 Page 3 would take sack pav for a certain amount ef each section te allow for intersection improvements." Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Transfer from the Road and Bridge Fund Item 4 Appointment Recommendations/Public Works Item 6 Approve Tobacco License/LC Tobacco, Inc. Item 7 Adopt Assessment RolllWaive Public Hearing/OO-39/Chesterton Commons North 2nd Addition (See Resolution R130-02) ItemS Adopt Assessment Roll/Waive Public Hearing/OO-4l/Red Pine Fields (See Resolution R13I-02) Item 9 Adopt Assessment RolllWaive Public Hearing/00-40/Woodland Oaks (See Resolution R132-02) Item 10 Approve Adjustment to Architectural Plans for Clarence Zuleger/Andover Awards & Embroidery/3138 _162nd Lane NW Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE TEMPORARY NON-INTOXICATING LIQUOR LICENSE/LlONS CLUB Mayor Gamache stated he asked this be moved to discussion because he knows they have rules and regulations regarding Sunshine Park. He wanted to know if this covers the rules for all the parks. Mr. Erar stated according to the City Clerk this is allowable under City Ordinances. City Attorney Hawkins stated it is allowable at the present time under the existing Ordinance. Motion by Trude, Seconded by Knight To approve Item No. 5 (Approve Temporary Non- Intoxicating Liquor License/Lions Club). Motion carried 4 ayes, I nay (Jacobson) CONSIDER LOT SPLIT/BEBERG LANDSCAPING/13530 HANSON BOULEVARD Mr. Neumeister noted that Beberg Landscaping, on behalfofRoger Streich of Roger's Auto Body, is requesting to split the existing industrial lot into two industrial lots. The property owner has given consent for Beberg Landscaping to pursue this application. No variances are requested. Mr. Neumeister stated the Plarming Commission unanimously recommended approval of the proposed lot split. The Commission also recommended that the trail fee be deferred until the time Regular Andover City Council Meeting Minutes - September 3, 2002 Page 4 the trail is constructed. lfthe Council agrees, condition 4 of the resolution will need to be modified. Mr. Neumeister discussed the conditions of the Resolution with the Council. Councilmember Trude stated it seems extraordinary that the Resolution does not mirror the Planning Conunission, instead the Staff sent a Resolution that they amended. She recommended approval of the amendment presented to the Council on item four and to strike and replace it with the reconunendations ofthe Planning Commission. She read through the Planning Commission minutes and agreed with them because of the way the County develops roads. They cannot be sure of when and if any improvements to the road will be made and $6,000 is a lot of money for a business that wants to stay and improve its business in Andover. Mr. Neumeister stated even though the Planning Conunission recommended the trail fee be deferred, staff is recommending the applicant pay the fee because it is hard to collect a fee like this at a later time. Councilmember Trude asked ifthey could include number four as" the applicant shall agree to pay an assessment for a trail constructed on their right-of-way or within their property bordering Hanson" so they agree to pay the assessment. City Attorney Hawkins stated they have done this before. He asked if the amount would be $6,500 or whatever the amount of the cost of the project would be. Mr. Erickson asked what would happen if it was a different property owner at the time. City Attorney Hawkins stated they would need to have something recordable so that they know they are waiving any right to challenge the assessment. Councilmember Orttel stated it sounds fair but was wondering ifthey could have an option where they could pay the fee now or agree to pay it in the future in a recordable document. Councilmember Jacobson asked what would happen if a residential development came in and asked this fee be deferred. Councilmember Trude stated it seemed like this is a burden that falls on some of the businesses but not all of them. Councilmember Jacobson asked if all the businesses pay a trail fee. Mr. Neumeister stated they do. Mr. Erickson stated on a commercial property, if a trail were projected to go in front ofthe property, the commercial site would construct it with their construction. Councilmember Orttel stated this does not preclude a trail going in. He stated the compromise would work for now but they should look at a policy where all the commercial properties pay for trails instead of just the businesses in front of the property. Councilmember Trude stated she would be willing to look at the Ordinance for future because they have some areas in the City where there are not any trails and the cost of improvement is cheaper than other areas where there are trails. Councilmember Jacobson asked Mr. Erickson how they came up with the price. Mr. Erickson stated he would need to look at the calculation but typically it is the actual footage in front of the property times a certain rate. Councilmember Jacobson asked if the $6,500 was based on today's rate. Mr. Erickson stated this was true. Councilmember Jacobson wanted to know what would happen if this was constructed in five years. Would ilieypay the upgraded amount? Councilmember Orttel stated .~- _0_____ ..---. - ,. Regular Andover City Council Meeting Minutes - September 3, 2002 Page 5 they would have to agree to accept the assessment at the current assessment. Councilmember Trude stated this is an unusual case. She stated this would be reviewed when the road was reconstructed through the County. Mr. Erickson stated the County is projecting on reconstructing this road in three to four years. Motion by Trude, Seconded by Knight, to approve Item No. II (Consider Lot Split/Beberg Landscaping/I3530 Hanson Boulevard - See Resolution R133-02) Amending Section four of the Resolution that the applicant shall either pay the trail fee of $6,500 at the time of the lot split or would agree to the recording of a document to defer the assessment ofthe trail fee to a later date and they waive any right to challenge the assessment. Motion carried unanimously. CONSIDER AMENDMENT TO ORDINANCE 214/TREE PRESERVATION/SIZE OF TREE REDUCTION Mr. Neumeister noted that based upon discussions with a number of developers, staff is recommending changing the required tree plantings from (2 \1,) inches to (I %) inches in caliper. During review ofthis ordinance, staff found that a minor addition should be made to Section 5.1, G regarding Nuisances Declared. The words that should be added are: "Any standing pine tree that is infected with Ips Pini." Mr. Neumeister stated the reason for the size change is that developers have had difficulty in locating trees with a caliper of at least 2 y, inches from nurseries. Local nurseries have confirmed it. Councilmember Trude stated the list of approved trees never came back to the Council and asked if they could get a list of trees in the next Council packet. Mr. Erar stated he could get them a list for the next meeting. Motion by Jacobson, Seconded by Knight, to approve Item No. 12 (Consider Amendment to Ordinance 214/Tree Preservation/Size of Tree Reduction - See Ordinance 214). Motion carried unanimously. ADOPT 2003 PRELIMINARY TAX LEVY & PROPOSED 2003 BUDGET Mr. Dickinson stated the Preliminary 2003 Budget and Preliminary Levy certification are the outcomes of the budget workshop held on August 26, 2002. He stated the preliminary 2003 budget proposes a total property tax levy of$6,223,525 of which $5,256,831 is subject to the state imposed levy limitation of$5,256,831 and $966,694 is classified as a special levy for the payment of debt and payment of bonds of another local unit of government. Mr. Dickinson reviewed the preliminary tax levy and proposed 2003 budget with the Council. Councilmember Orttel asked if the maximum levy limitation the Council could set is a 1.9% - _0___ r--'" ~------~ Regular Andover City Council Meeting Minutes - September 3, 2002 Page 6 decrease ftom last year. Mr. Dickinson stated this is correct. Councilmember Trude asked if this was the tax capacity rate. Mr. Dickinson stated this is correct. Councilmember Trude stated the collections were going up slightly because they have more property on the tax roles. Mr. Dickinson stated this is correct. Councilmember Trude stated some people will see a change in the property value but this is not wide-spread. Mr. Dickinson stated there were some land value changes. The valuation that is used for the taxes for 2003 are the property valuations at January 02, 2002. Motion by Orttel, Seconded by Jacobson. to approve Item No. 13(Adopt 2003 Preliminary Tax Levy & Proposed 2003 Budget - See Resolution R134-02). Motion carried unanimously. Councilmember Trude stated there would be very little change in City Government in Andover. She stated they are looking at the addition of one Parks employee but otherwise the budget would be about the same. Mr. Erar stated this is true and that they were adding a park maintenance worker, are looking at a restructuring within the engineering department for a natural resources technician, and looking at an increase in Sheriff patrol but there are very minimal staff changes. Mayor Gamache stated that last year there was a budget message that was televised and asked ifit would be televised this year. Mr. Erar stated that they would televise this and that last year the State did not require a Truth in Taxation meeting but the Council directed they would still have an informational meeting. Councilmember Trude asked if this would be duplicating the Truth in Taxation meeting. Mr. Erar stated it could unless the Council had additional questions or information. SET TRUTH IN TAXATION HEARING DATE Motion by Orttel, Seconded by Knight, to Schedule a Truth in Taxation Hearing date for Tuesday, December 10, 2002 at 7:00 p.m and Tuesday, December 17, 2002 for the continuation if needed. Motion carried unanimously. CONSIDER REQUEST FOR FENClNG/Ol-2/NEW BALL FIELDS WEST OF HIGH SCHOOL Mr. Erickson explained the item is in regard to a request to fence along the west side ofthe new ball fields that were constructed by the City west of the new high school. He discussed with the Council a letter from Mr. Don Eveland. The City Council is requested to authorize the construction of the fencing as reconunended by the Park & Recreation Conunission with the fencing to be allocated as recommended by the City Finance Director. Councilmember Knight asked why a six-foot fence was not suggested. Mr. Erickson stated originally a six-foot fence was reconunended but the cost would be about the same for an eight-foot fence. Mr. Eveland stated an eight-foot fence was originally proposed and this would help keep the -, -. ~ I Regular Andover City Council Meeting Minutes - September 3, 2002 Page 7 foul balls off his property. Councilmember Knight asked how the kids would access his property to retrieve foul balls. Mr. Eveland stated his entire concern is people coming onto his property to retrieve balls. Councilmember Jacobson asked whose property the fence would the fence be on. Mr. Erickson stated that the fence would be on City property. Mayor Gamache asked how far away the fence would be from the fields. Mr. Erickson stated from the baseline, it would be forty- fifty feet. Mayor Gamache stated the fields would mainly be used for fast pitch softball and the foul balls would probably hit the backstop. Mayor Gamache stated Commissioner DeLaForest asked why they would not put the fence up the entire distance and was the $14,135 quoted to put up the fence across the entire property line. Mr. Erickson stated he understood that amount was estimated for the entire length of the property line. Councilmember Jacobson asked how money is in the fund for the ballparks that are not assigned somewhere else. Mr. Dickinson stated the Park & Recreation Commission was requesting it come out of the general fund. He stated that in 2000 they allocated dollars to the ball field development fund of about $478,000 and they also designated some money in the Park Improvement Fund for the development in that area. He stated the two-dollar amounts together would still have them come in under budget. They would have five thousand dollars available within the original budget to accommodate this so no additional funding is needed. Councilmember Jacobson stated five thousand dollars only builds a portion ofthe fence. Mr. Dickinson stated he would not have $14,000 and he would need to look to alternative funding sources. He was looking at accommodating five thousand dollars, which he can currently do within the fund. Mayor Gamache stated he is concerned with what Commissioner DeLaForest has stated about someone running into the barbed wire fence. City Attorney Hawkins stated they would not have any liability because the barbed wire fence is not on City property. Councilmember Trude stated she would like to do this because they were able to get the extra land ¡¡-om Mr. Eveland for the ball field and she felt that it would be a good neighbor to do this for him. Councilmember Jacobson stated he would like staff to look at putting a fence along the entire perimeter. Councilmember Trude stated she would like staff to look at as high a fence as possible. Councilmember Knight stated they could also look at netting to put up above the fencing and that it did not make sense to put the fence along part ofthe perimeter. They should put the fence up along the entire perimeter. Motion by Trude, Seconded by Orttel, to approve Item No. 15 (Consider Request for Fencing/Ol- 2/New Ball Fields West of High School) for the entire length of the ball field and that staff investigate the height options and funding options. Motion carried unanimously. A WARD BID/98-20IBUNKER LAKE BOULEVARD PEDESTRIAN UNDERPASS . -. Regular Andover City Council Meeting Minutes - September 3, 2002 Page 8 Mr. Erickson stated the City Council is requested to receive the bids and consider awarding or rejecting the contract for Project 98-20, for the Bunker Lake Boulevard Pedestrian Underpass, Project 98-20. There were two bidders who responded to the advertisement for bids. With the complexity ofthe project resulting from a high groundwater table, the bids received for the project were not very favorable. The construction of the pedestrian underpass is significantly over the amount budgeted. Contact was made with the Anoka County Highway Department and the Anoka County Parks Department who both indicated that although they supported the project, funding was not available at this time. Councilmember Trude stated that she cannot see them extending this road to four lanes and wondered if the County was making this a big obstacle for the City. She stated the residents would not be happy that the Council was not approving this. Mr. Erickson stated he talked to the County Highway Department and Park Supervisor and both were in favor of the project but there were no funding options that the County had to offset some of the costs. Mayor Gamache asked if they would get better bids if they tried to bid this out in the spring. Mr. Erickson stated they would get more competitive bids. Mayor Gamache stated they have a grant from the DNR and that is up at the end of 2002. Mr. Erickson stated they are checking with the DNR to see if it is possible to extend this until the spring of2003. Councilmember Knight asked if there would be a better site in the area that would be appropriate. Mr. Erickson stated they have reviewed this two or three times and they have not found a better place that would work as an underpass. Councilmember Jacobson asked what the cost of an above-ground crossing would be with a traffic light. Mr. Erickson stated the traffic light would be around $175,000 to $200,000. However, they were opposed to a traffic signal going in because it did not meet warrants so they would not support it. Councilmember Trude asked ifthey felt this met their transportation plan and ifthey could they still proceed. Mr. Erickson stated the County could deny this but they could forward a formal proposal for this project. Councilmember Orttel asked if their ten-year plan had a reconstruction of Prairie and Bunker in it. Mr. Erickson stated it was not on their plan, it was requested by the City. Mayor Gamache asked ifthere would be room for a trail on the south side of Bunker. Mr. Erickson stated they could get a trail in at either spot. Councilmember Knight asked if they could use the grant for this. Mr. Erickson stated they would have to explore this with the DNR. Motioll by Jacobson, Seconded by Knight, to reject Item No. 16 (Award Bid/98-20/Bunker Lake Boulevard Pedestrian Underpass) and authorize staff to further investigate if additional funding sources for this project are available with the anticipation of re-bidding the project in the spring of 2003. Motion carried unanimously. . .- -. - f--:O -....--..... ..--------. 1 Regular Andover City Council Meeting Minutes - September 3, 2002 Page 9 LETTER OF CREDIT REDUCTIONIDEVELOPMENT IMPROVEMENTS/HAMILTON SQUARE Mr. Dickinson stated Edward and Lora Hamilton requested the City to reduce letter of credit #98-40 for developer improvements re1ated to the Hamilton Square commercial development, City Project #97-26 by $9,945.00. He noted there was a letter from the Hamiltons and reviewed the request with the Council. Councilmember Jacobson asked how much is left on the assessments. Mr. Dickinson stated it is $105,301.80 principal balance after the next payment. Counci1member Orttel stated they are getting down to thirty-five percent and asked if this is the issue. Mr. Dickinson stated they are well below thirty-five percent at this time and they would be looking at retaining at least $38,000. Councilmember Jacobson asked ifthis wou1d be the third request. Mr. Dickinson stated this is correct. Councilmember Trude asked that if they deny this and a payment is not made, what happens. Mr. Dickinson stated the entire amount would be certified to the tax rolls. Councilmember Trude asked if it would be all the assessed amount of $1 05,000. Mr. Dickinson stated that was correct. Councilmember Trude asked if payments would start. Mr. Dickinson stated they would be assessed with the tax statement and would proceed through the tax payment process. Councilmember Trude stated that the last time they directed the sum to be taken from the letter of credit. Mr. Dickinson stated the way the request from the Hamiltons is it is exactly the same as in the past and it is tied directly to the amount of the assessment payment. Councilmember Orttel stated this is a unique case because there are no other liens or mortgages on the property. Motion by Orttel Seconded by Trude to approve Item No. 16a (Letter 0 f Credit Reduction/Development hnprovements/Hamilton Square) based on there not being any liens or mortgages on the property. Motion carried unanimously. Councilmember Jacobson asked what they would do ifthis comes up again in six months and there is not enough money left in the letter of credit. Mr. Dickinson stated that there is not any other option if the payment is not made; they would have to declare default and move it to the tax rolls. Councilmember Jacobson stated his concern with the motion is they need to give the reasons why they are doing this in case they need to explain this. MA fOR/COUNCIL INPUT --~- Regular Andover City Council Meeting Minutes - September 3, 2002 Page 10 (Research on Transfer Stations) - Mr. Neumeister requested the City Council receive the Attorney's opinion on transfer stations and provide direction regarding establishing any new regulations regarding them. He reviewed the information with the Council. Motion by Orttel, Seconded by Knight, to accept the opinion ofthe City Attorney and direct staffto check with the League or other cities to find out how to draft an Ordinance that is as stringent as allowable under those statutes to control the transfer stations. Motion carried unanimously. (Consider YMCA Marketing Study) - Mr. Erar stated at the August 27, 2002 Council workshop, the City Council was made aware of the YMCA's desire to conduct a marketing study investigating the level of demographic support an indoor aquatic center would have in the Andover Market area. He stated the Council is considering financially participating in the market study if the YMCA continues participation in the project culminating in a signed lease commitment and that the results ofthe study are shared with the City of Andover upon completion. He stated that it would cost approximately $20,000 for the study and the YMCA is requesting the City pay for half of it. He requested the Council to consider a 50 percent, not to exceed $10,000 reimbursement to the YMCA for the completion ofthe marketing study contingent upon a signed facility lease agreement. Councilmember Orttel stated their study would be to validate the YMCA participation in the City. Mr. Erar stated this is true. He stated it would be in the best interest of the City to leave the study up to the YMCA and who they want to conduct the study. Councilmember Trude asked if there is a timeline on the study. Mr. Dickinson stated the YMCA is looking at two months to conduct the study so staffis looking at the early part of November for information. Mayor Gamache stated that having the YMCA, as a partner is vitally important to the project. Councilmember Orttel stated it is essential to have the YMCA as partners in the aquatic part of the project because the City could not afford this project on their own. Mr. Dickinson stated the YMCA would need to fine-tune their study a little bit to accommodate some of the requests of the Council. Motion by Jacobson, Seconded by Knight, to have the City of Andover enter into an agreement to pay fifty percent but not to exceed $10,000 as a reimbursement to the YMCA marketing study. Reimbursement is payable upon a signed facility lease agreement between the City of Andover and the YMCA. Ifthere is no signed facility lease agreement, there is no payment. Motion carried unanimously. Councilmember Trude stated she has received calls regarding this and this explains to the residents that they are still working on figuring out what kind of relationship and partnership they could have with them. She stated they would include a progress report in the next newsletter. Mayor Gamache stated that the YMCA wants to get some additional information and an idea on some of the questions the Council has brought up. Mr. Dickinson stated the Council has brought up some questions that the YMCA has not dealt with before and they need to find the answers. .. ~ I Regular Andover City Council Meeting Minutes - September 3, 2002 Page II Mayor Gamache stated the people using the facility by having user fees would pay for the majority of the project. (Construction on Hanson and Crosstown Boulevard) - Councilmember Jacobson asked about the construction on Hanson and Crosstown Boulevards and if the road is closed, how would people get to City Hall. Mr. Erickson stated the road would be closed for through traffic but allow local traffic. Councilmember Jacobson asked how long the detour would last. Mr. Erickson stated it would last at least a month. Councilmember Trude stated that there are many parents upset that this project was not started earlier because it makes it difficult with the kids going back to school. Mr. Erickson stated the Anoka County Highway Department has had some conversation with the school district and they have had to change some of the drop off areas and how buses enter but they have worked through this and they should have a very nice intersection when this is finished. When there are Federal funds involved, there is a lot that has to be done in order to get the funds released. (Multi-Family Housing Moratorium) - Councilmember Trude stated last week they talked about the multi- family housing moratorium and she wanted staff to know they would like to see some things in place as soon as possible. She understands there are model codes that other cities have adopted. Most of the areas they have zoned are four per acre so this lends itself to townhomes but there is no prohibition oftownhouses becoming rental and she wanted to make sure they have licensing per unit and set up some kind of controls so they get this going fast. There are some huge parcels on the west side of the City which are zoned multi-family property and they never had a study on this. She knows some people are concerned with this. Mr. Neumeister stated they have the information from the League of Minnesota Cities and he would be preparing information to give to the Council at the next meeting. (Primary Election Day) - Mayor Gamache stated September 10 is Primary Election Day. There is a sheriffs race and it is very important to the City because the sheriff's department is the police department so he hoped everyone would read up on the candidates and go to the polls on Tuesday to vote. Councilmember Trude stated there is also a County Commissioner race. (800 Megahertz Meeting) - Mayor Gamache stated he had a meeting with the joint law enforcement committee regarding SOO megahertz, which is the new radio program. He stated this is moving ahead and he has asked Chief Winkel to attend the meeting for him because he knows more about the radio issues than he does. Anoka County did receive the approval to tax for this and it would be on the next tax bill. This is a program to improve the radio system across the entire County and it is important for the police and fire departments to have communication in the field. (High School Football Game) - Mayor Gamache stated he wanted to thank the Andover High School Football team for a great game even though they lost. He stated it was fun, the place was packed, and they now know the place holds a lot of people. (Tanners Restaurant Opening) - Mayor Gamache stated Tanners is now open for business. He -~~~ 1 Regular Andover City Council Meeting Minutes - September 3, 2002 Page 12 stated the opened September I, 2002. (Special EDA Meeting) - Mr. Erar requested the Council set up a special EDA meeting before September 17,2002. He stated the item is related to the Mistelski relocation benefits claim. He stated the City is required to provide a hearing examiner to hear an appeal and there is a copy from the City Attorney stating the EDA Committee needs to meet to appoint a hearing examiner to hear their appeal. The EDA must consider this and then appoint a hearing examiner. Motion byOrttel, Seconded by Jacobson, to set up a special EDAmeeting for September 17, 2002 at 6:30 p.m. Motion carried unanimously. Councilmember Trude asked if the Council could get a copy of the letter and also infonnation regarding this before the meeting. Mr. Erar stated the infonnation would be forthcoming. Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:45 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary -.- ---- -~-