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HomeMy WebLinkAboutCC December 17, 2002 c.fY\-.J~ ~ 0-(Yu..YvÃ.c-d I-Î--03 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVERMN.US Regular City Council Meeting - Tuesday, December 17, 2002 Following EDA Meeting Schedule at 6:15 p.m. Call to Order-7:00 p.m. Resident Forum Agenda Approval 1. Approval of Minutes (12/3/02 Regular) (12/10/02 Truth in Taxation) 2. Certificate of Business Appreciation - Abeler Chiropractic Clinic Consent Items 3. Approve Payment of Claims - Finance 4. Approve Cost-of-Living Adjustment for Non-Represented Employees -Administration 5. Approve 2003 Tri-City GIS Contract - Engineering 6. Approve Mn/DOT Partnership Agreement - Engineering 7. Accept Petition/Order Feasibility Report/02-47/Foxburgh Crossing - Engineering 8. Reduce Letter ofCredit/Developer's ImprovementJRed Pine Fields - Engineering 9. Approval of Fund Transfers - Finance 10. Approve Resolution/Scheduled Debt not levied for 2003 - Finance 11. Authorize Civil Defense 2003 CIP Expenditures - Finance 12. Authorize Fire Department 2003 CIP Expenditures - Finance 13. Receive 2002 CIP Project/Budget Update - Finance 14. Authorize Change of Fixed Asset Threshold - Finance 15. Approval of Lot Split!15260 Nightingale Street NW - Planning 16. Approval of Special Use Permit! Area Identification Sign/W oodland Estates 4th Addition - Planning 17. Approval of Special Use Permit! Area Identification Sign/Constance Corners - Planning 18. Amend Ordinance 243/City Council Order of Business - Clerk 19. Approve 2003 Health Renewal & Medical Insurance Contribution -Administration 20. Approve AddendumffimeSaver Secretarial Contract - Clerk Discussion Items 21. Receive Anoka County Sheriff's Department Monthly Report - Sheriff 22. Approval of 2003 Anoka County Sheriff Contract - Finance 23. Adopt City of Andover 2003 Budget & Certify 2003 Property Tax Levy - Finance 24. Consider Preliminary Plat/North Lake Ridge - Planning 25. Consider RezoningIR-1 to R-4IWoodland Estates 4th Addition - Planning 26. Consider Preliminary Plat/Woodland Estates 4th Addition - Planning 27. Accept Petition/Order Feasibility Report/02-491W0odland Estates 4th Addition - Engineering 28. Consider RezoningIR-l to R-4/Shady Oak Cove - Planning 29. Consider Preliminary Plat!Shady Oak Cove - Planning . ----.- T ' . ! Regular City Council Meeting December 17, 2002 Page 2 30. Accept Petition/Order Feasibility ReportJ02-48/Shady Oak Cove - Engineering 31. Consider Rezoning/R-1 to R-4/Constance Corners - Planning 32. Consider Preliminary Plat/Constance Comers - Planning 33. Accept Petition/Order Feasibility ReportJ02-45/Constance Comers - Engineering 34. Consider Adoption/2003 Fee Ordinance - Clerk 35. Consider Adoption/Joint Resolution/City-YMCA Partnership - Administration Staff Item 36. Set Mèeting Date to Designate Rural Reserve Area-Community Development 37. Consider NMMA-City Membership - Administration 38. Acknowledge Andover Athletic AssociationlMatching Contribution for Park Improvements- Administration 39. Accept November Customer Service Report - Administration 40. National Pollution Discharge Elimination System (NPDES) Permit Status!02-31 - Engineering Mayor/Council Input Executive Session: Labor Relations Update - Administration Adjournment . '--.þ T ' . I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -DECEMBER 17, 2001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES...................................................................................................... 1 CERTIFICATE OF BUSINESS APPRCIATION - ABELER CHIROPRACTIC CLINIC ..... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Resolution R176-02 approving Cost-of-Living Adjustment for Non-Represented Employees ....................................................................................................................... 2 Approve 2003 Tri-City GIS Contract .................................................................................. 2 Approve MnlDOT Partnership Agreement .........................................................................2 Resolution R 177-02 accepting Petition/Order Feasibility Reportl02-4 7/Foxburgh Crossing ....................... ........ ........................................................................................... 2 Reduce Letter of Credit/Developer's Improvement/Red Pine Fields .................................. 2 Approval of Fund Transfers ................................................................................................. 2 Resolution R178-02 approving Resolution/Scheduled Debt not levied for 2003................ 2 Authorize Civil Defense 2003 CIP Expenditures ................................................................ 2 Authorize Fire Department 2003 CIP Expenditures ............................................................ 2 Receive 2002 CIP Project/Budget Update ...........................................................................2 Authorize Change of Fixed Asset Threshold....................................................................... 2 Resolution R179-02 approving Lot Split/15260 Nightingale Street NW ............................2 Resolution R180-02 approving Special Use Permit/Area Identification SignlWoodland Estates 4th Addition......................................................................................................... 2 Resolution R181-02 approving Special Use Permit/Area Identification Sign/Constance Corners............................................... ..:.......................................................................... 2 Amend Ordinance 243/City Council Order of Business (Ord. 243C) ................................. 2 Approve 2003 Health Renewal & Medical Insurance Contribution.................................... 2 Approve AddendumfIimesaver Secretarial Contract ..........................................................2 Approve Cleaning Service ContractlLeone's Building Service........................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received................................................................................................................................ 3 APPROVAL OF 2003 ANOKA COUNTY SHERIFF CONTRACT Motion to approve................................ ................................................................................. 3 CONSIDER ADOPTION/JOINT RESOLUTION/CITY-YMCA PARTNERSHIP Motion to adopt Resolution R182-02 ................................................................................... 4 ADOPT CITY OF ANDOVER 2003 BUDGET & CERTIFY 2003 PROPERTY TAX LEVY Motion to adopt Resolution R183-02 ................................................................................... 5 CONSIDER PRELIMINARY PLA TINORTH LAKE RIDGE Motion to approve Resolution R184-02 ............................................................................... 6 CONSIDER REZONING/R-l TO R-4/WOODLAND ESTATES 4TH ADDITION Motion to approve Ordinance No.8 (Ord. 8VVVVVV) ......................................................7 r·-·-~· ~-..~ - --~- [ Regular Andover City Council Meeting Minutes - December 17, 2002 Table of Contents Page ii CONSIDER PRELIMINARY PLATIWOODLAND ESTATES 4TH ADDITION Motion to approve Resolution R185-02 .................................................................................... 8 ACCEPT PETITION/ORDER FEASIBILITY REPORT/02-49IWOODLAND ESTATES 4TH ADDITION Motion to approve Resolution R186-02 ............................................................................... 10 CONSIDER REZONING/R-l TO R-4/SHADY OAK COVE Motion to approve Ordinance No.8 (Ord. 8WWWWWW)................................................. 10 CONSIDER PRELIMINARY PLAT/SHADY OAK COVE Motion to approve Resolution R187-02 ............................................................................... 10 ACCEPT PETITION/ORDER FEASIBILITY REPORT/02-48/SHADY OAK COVE Motion to approve Resolution R188-02 ............................................................................... 11 CONSIDER REZONINGIR-l TO R-4/CONSTANCE CORNERS Motion to approve Ordinance No.8 (Ord. 8XXXXXX) ...................................................... 11 CONSIDER PRELIMINARY PLAVCONSTANCE CORNERS Motion to approve Resolution R189-02 ............................................................................... 12 ACCEPT PETITION/ORDER FEASIBILITY REPORT/02-45/CONST ANCE CORNERS Motion to approve Resolution R190-02 ...............................................................................13 CONSIDER ADOPTION/2003 FEE ORDINANCE Motion to adopt Ordinance 260E.......................................................................................... 13 SET MEETING DATE TO DESIGNATE RURAL RESERVE AREA................................... 15 CONSIDER NMMA-CITY MEMBERSHIP Motion to approve................................................................................................................. 15 ACKNOWLEDGE ANDOVER ATHLETIC ASSOCIATIONIMATCHING CONTRIBUTION FOR PARK IMPROVEMENTS Motion to approve..................................................... ............................................................ 16 ACCEPT NOVEMBER CUSTOMER SERVICE REPORT Accepted ....................................... ........................................................................................ 1 7 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ST A TUS/02-31 .................................................................................... .............. ......... .......... 17 MA YORJCOUNCIL INPUT Elected Officials Meeting at Tasty Pizza.............................................................................. 18 Resident Situation ................................................................................................................. 18 F esti val Foods................................................................... .................................................... 18 Merry ChristmaslHappy New Y ear....................................................................................... 18 ADJOURNMENT...................................................................................................................... 18 . I CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 17, 2002 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, December 17,2002, 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 Interim City Engineer, Bill Ottensmann City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Add to the Agenda under Consent Items, Item 20a, (Approve Cleaning Services ContractlLeone's Building Service). Motion by Trude, Seconded by Orttel, to approve the Agenda as amended above. Motion carried unanimously. , APPRQVAL OF MINUTES December 3, 2002, Regular Meeting: Correct as amended. December 10,2002, Truth in Taxation Meeting: Correct as written. Councilmember Trude stated in the December 3, 2002 minutes, the name in the Round Lake Boulevard item was misspelled as Jed and should be Judd. She also stated on the Mayor/Council Input, the item regarding the ice hockey rink she wanted the following sentence added to the end of the item, "The associations did not receive the time sought in their application". Motion by Trude, Seconded by Orttel, approval December 3, 2002 of Minutes as indicated above. T ' . ' - ~. - -~-- [ Regular Andover City Council Meeting Minutes - December 17, 2002 Page 2 Motion carried unanimously. Motion by Trude, Seconded by Orttel, approval of the December 10, 2002 Minutes as submitted. Motion carried unanirnously. CERTIFICATE OF BUSINESS APPRECIATION -ABELER CHIROPRACTIC CLINIC Mr. Steve Abeler introduced himself and his wife Ann and described the history of his business and stated he was excited to open up a new location in Andover. Mayor Gamache presented Abeler Chiropractic Clinic with a Certificate of Business Appreciation. CONSENT ITEMS Item 3 Approval of Claims Item 4 Approve Cost-of-Living Adjustment for Non-Represented Employees (See Resolution RI76-02) Item 5 Approve 2003 Tri-City GIS Contract Item 6 Approve Mn/DOT Partnership Agreement Item 7 Accept Petition/Order Feasibility ReportJ02-47/Foxburgh Crossing (See Resolution RI77-02) Item 8 Reduce Letter of CreditJDeveloper's Improvement/Red Pine Fields Item 9 Approval of Fund Transfers Item 10 Approve Resolution/Scheduled Debt not Levied for 2003 (See Resolution RI78-02) Item 1 I Authorize Civil Defense 2003 CIP Expenditures Item 12 Authorize Fire Department 2003 CIP Expenditures Item 13 Receive 2002 CIP ProjectlBudget Update Item 14 Authorize Change of Fixed Asset Threshold Item 15 Approval of Lot SplitJ15260 Nightingale Street NW (See Resolution RI79-02) Item 16 Approval of Special Use Permit/Area Identification SignlWoodland Estates 4th Addition (See Resolution RI80-02) Item 1 7 Approval of Special USe Permit/Area Identification Sign/Constance Corners (See Resolution RI81-02) Item 18 Amend Ordinance 243/City Council Order of Business (Ord 243C) Item 19 Approve 2003 Health Renewal & Medical Insurance Contribution Item 20 Approve AddendurnffimeSaver Secretarial Contract Item 20a Approve Cleaning Service Contract/Leone's Building Service Motion by Knight, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. -,-.. ---..- - ~._- -~-- j Regular Andover City Council Meeting Minutes - December 17, 2002 Page 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Commander Dave King, Anoka County Sheriffs Department, provided an update on law enforcement activities occurring within Andover in November. Councilmember Jacobson stated in the sheriff s contract there is a provision for an additional eight hours a day of patrol service and he wanted to know what they are for. Cornmander King stated they have not analyzed all hours but they are going to increase the power hour cars in the daytime for better coverage. Councilmember Jacobson stated as he understands it, this will significantly help them on a number of calls. Mayor Gamache stated under house checks and business checks, this is significantly lower this year and he was wondering if it was a policy shift or this being put under another item. Commander King stated he would need to look into this because he believed it was probably not being documented correctly. Mayor Gamache asked what house checks consisted of. Cornmander King stated it was if a homeowner going on vacation, could request extra patrols and also businesses are checked more often when closed. APPROVAL OF 1003 ANOKA COUNTY SHERIFF CONTRACT City Finance Director Dickinson discussed the contract with the Council. Councilmember Knight asked what the increase was from last year. Mr. Dickinson stated the increase is approximately $130,000. Councilmember Orttel asked ifthis includes the extra eight hours. Mr. Dickinson stated it does. Councilmember Orttel stated with the extra eight hours, this would be about a three percent raise from last year. Motion by Jacobson, Seconded by Knight, to Approve the 2003 Anoka County Sheriff Contract. Mayor Gamache stated he talked with Mr. Erar about what this contract saves compared to a local police department and Mr. Erar stated that if they had their own non-contract police department, they would have to figure in the facility, health insurance, workers comp and many other issues that :u;e handled through the Sheriffs' Office. He stated the City is receiving an excellent value for this servIce. Councilmember Knight stated this is a very service oriented department and a great value to the Community. Councilmember Trude stated that they also have specific officers assigned to the Community. Motion carried unanimously. Motion by Trude, Seconded by Orttel to amend the Agenda and move Item 35 (Consider -.. ~. -~-.., ..~- -_. I Regular Andover City Council Meeting Minutes - December 17, 2002 Page 4 Adoption/Joint Resolution/City- YMCA Partnership) before Item 23. Motion carried unanimously. CONSIDER ADOPTION/JOINT RESOLUTION/CITY-YMCA PARTNERSHIP Council directed staff to bring the Joint Resolution on CityNMCA Partnership Principles to the December 17, 2002 Council meeting for adoption. Any changes to this resolution at this point would necessitate corresponding approval from Mr. Mezille and the YMCA Board of Directors resulting in possible delays of the final adoption of the resolution. Mr. Erar noted points of strong interest expressed by Mr. Mezille and other YMCA staff during the review and development of the joint resolution were related to the design, construction and quality of the facility in terms of long-term durability, attractiveness and utilization and that the project be based on financial principles. Mr. Mezille and the YMCA staff stressed the importance of completing the capital campaign prior to construction of the facility or any part thereof as well as the issue of maintaining partnership principles based on openness, cornmunication, sensitivity to each entity's respective position, along with their ability to manage their portion of the facility as they determine to be in the best interests of their customers and the YMCA. Councilmember Jacobson stated Item 2F in the resolution means that between the City and the YMCA, they will set a dollar figure and there will not be anything done on the project until that amount is reached. Councilmember Knight stated there was not any dollar amount set at the meeting. Councilmember Orttel stated what it is saying is that they will establish that figure and they are agreeing between the two parties that nothing will be done until the dollar figure is reached. Councilmember Jacobson stated that Item 6 means the two parties will talk about the lease and any dollar figures that are involved with that but it is a separate agreement other than the resolution. Item 8 means this is the YMCA Community Board and the City will not be setting up a board. Item 10 talks about setting up an advisory board which will oversee the facility and advise the City Council. There would be five members, one who would be a YMCA member that would be an advisory panel only and the City Council would still be able to say yes or no to the advice it gets from the Board. Councilmember Knight stated there has not been any discussion regarding this. Councilmember Tru~ated wheM~~ state~ent o~~tles and values, it is generally more like the~~ maY£e'taas 00 muc \fefai ~~ 1 r¡jÞr Jacobson stated he was bringing this up for information. Councilmember Orttel stated the reason they are bringing up the YMCA seat in the Statement of Principles is because it is between the YMCA and the City and the other four seats will be done independently of this agreement. CounciImember Orttel stated he thought it walked a fine line of being too general and not specific'~N11d 1-1-03 Councilmember Orttel stated in Item 7 the City will keep the ice component out of it because it - . ¡ Regular Andover City Council Meeting Minutes - December 17, 2002 Page 5 will be owned and managed by the City. Mayor Gamache stated in the Staternent, Item 7 indicates that the City of Andover and YMCA will jointly direct and manage all functions and services provided in the facility through a separate joint use agreement and he thought the ice component would be considered separate. Councilmember Orttel stated he thought they had talked about the YMCA having interest in the off site facilities in Andover. Councilmember Jacobson stated this is basically a letter of intent and the intent is that while the plans are to proceed with the Civic Center and should the price increase or other things happen, they would not be bound by doing this. This is premised around the Center being built. CounciImember Trude stated she thought this is a wonderful venture for the City. The YMCA is a membership organization but they do have family day once a month and youth activities and people can bring visitors also. She has had a lot of cornments about the Cornmunity Center meeting. Motion by Trude, Seconded by Orttel, to approve the Joint Resolution on Partnership Principles and Values between the City of Andover and the YMCA of Metropolitan Minneapolis. The motion carried unanimously. (Resolution 182-02) ADOPT CITY OF ANDOVER 2003 BUDGET & CERTIFY 2003 PROPERTY TAX LEVY City Finance Director Dickinson explained each year the City Council is required by state law to adopt an annual budget and submit a property tax levy certification to Anoka County Property Records and Taxation Division. The deadline for submission this year is December 30th. Mr. Dickinson stated the overall 2003 Budget proposes total revenues of $27,826,403 and total expenditures of$32,591 ,973. The $4,765,570 of expenditures over expenses reflects a utilization of prior year bond issuances, public project financing through the Permanent Improvement Revolving (PIR) Fund and frugal reserve management by the City. Mr. Dickinson stated the 2003 Budget proposes a total property tax levy of $6,223,525 of which, $5,246,947 is subject to the state imposed levy limitation of$5,256,831 and $976,575 is classified as a special levy for the payment of debt, the payment of bonds of another local unit of government and PERA employer contribution increases. The proposed tax levy is $9,884 below the state imposed levy limit and reflects a declining City tax rate to 33. I % in 2002. Councilmember Jacobson stated as he was reading through the material there were two individuals to be hired in the proposed budget, one for the Parks Department and the other for potential Civic Center position. He stated this was not quite accurate and he would like Mr. Erar to explain the other two. Mr. Erar stated staffing currently is authorized at 58 full time employees and the proposed 2003 budget proposes to increase this by two. He stated that within the 58 authorized, there was an _o--~. ____ _ ~__ _ ____ Regular Andover City Council Meeting Minutes - December 17, 2002 Page 6 existing but unfilled Engineering Department Technical position. The 2003 budget proposes to restructure that position to a Natural Resources Technician to address a wide range of environmental quality issues. He stated once the budget is adopted, they will move forward with filling the position. He stated the position was a restructuring using the existing 2002 budget appropriations and will result in a savings to the Department and City as the existing forestry internship duties will be incorporated into that full time position. Councilmember Orttel asked Mr. Dickinson to explain the City tax rate calculation. Mr. Dickinson stated tax rate is somewhat equivalent to the mill rate and the tax capacity was approximately one eighth of what the total market value was and that used to be the conversion they used. The tax rate is used to multiply against to generate someone's tax is a tax capacity value. He stated the tax capacity value is also another calculation that is made off a property's market value. Motion by Orttel, Seconded by Jacobson, to approve Item No. 23 (Adopt City of Andover 2003 Budget & Certify 2003 Property Tax Levy ) (See Resolution RI83-02). Motion carried unanimously. CONSIDER PRELIMINARY PLAT/NORTH LAKE RIDGE Community Development Director Neumeister explained the proposed project will create nine rural residential lots from three existing parcels. Two of the parcels contain existing homes with frontage on Round Lake Boulevard. Mr. Neumeister stated that there was an addition to the Resolution, which was unintentionally left out. He stated there should be a condition that reads "Variances for the Lot Width of Lot 4, Block 1 and the Lot area of Lot 5, Block 1, as well as a variance to allow a 144 foot wide buildable area for Lot 3, Block 2 are granted based on the findings in the Resolution". Councilmember Jacobson stated there is one lot on the west side that is in on another plat and it is listed as not constructed. He stated l56th Avenue in the plat they are considering goes up to that point, so it seems to him, they either have to get the small portion of 156th A venue west of the plat built or put in a temporary turnaround. This would require a variance because it is more than five hundred feet to a dead end. Councilmember Orttel thought this was constructed but not paved. Mr. Leon Opatz with RLK Kuusisto stated the way they are going to correct this is to construct the street trom Quay Street to the County road. Mayor Gamache asked if there is a driveway that is paved. Mr. Opatz stated there is a driveway but he is not sure ifit is paved. Part is concrete and they will remove a portion of the driveway and construct the street and then reconstruct the driveway. Mayor Gamache asked if there would be more than one structure built on the land. Mr. Opatz stated that if they want to build another structure, the old one would have to torn down. Mr. Neumeister stated there should be a condition added based on the discussion, under the heading 1-- _.-.- ----. - ~- --- Regular Andover City Council Meeting Minutes - December 17, 2002 Page 7 9.02 and 9.03 Street Plan. Motion by Jacobson, Seconded by Trude, to approve the Preliminary Plat for North Lake Ridge, subject to the conditions ofthe resolution with two additions, granting the variances for the lot width for Lot 4, Block 1 and the lot area of Lot 5, Block 1 as well as a variance to allow a 140 foot wide buildable area on Lot 3, Block 2 and with the addition of 156th A venue west of the plat to be constructed by the Developer with this project at their cost. (See Resolution RI84-02) Motion carried unanimously. CONSIDER REZONING/R-I TO R-4/WOODLAND ESTATES 4TH ADDITION Motion by Trude, Seconded by Orttel, to approve Rezoning from R-l to R-4 for Woodland Estates 4th Addition. Motion carried unanimously. (Ord. 8 VVVVVV) CONSIDER PRELIMINARY PLAT/WOODLAND ESTATES 4TH ADDITION Community Development Director Neumeister explained the proposed project will be created from two twenty acre parcels immediately north of Woodland Estates 2nd Addition. The Planning Commission was in favor of the variance to cul-de-sac length for Uplander Street NW and the location of the park illustrated on the preliminary plat. Mr. Neumeister stated one item that is unusual in this case is that there is a power line easement along the north edge of the proposed plat and also a farm access road that will be needed until the farm is sold for another use. The developer will inform potential buyers ofthis through a disclosure statement and purchase agreement. The City will require that each affected lot have a temporary easement dedicated for this use so it will appear on any future searches by potential buyers and the easement would remain until the property is sold for another use. Mr. Neumeister stated thP~TCo~ssion reviewed the park location. The Developer is proposing the park at the north end of the c~~~-sac allowing for a trail to extend at the end of the cul-de-sac to the one lot park. He stated the \ð:i'nÌri1¡fs¡~ reviewed this and asked the Council affirm the park location as indicate.~.Pt\~minary plat or direct the developer to relocate the park to a different location. The offirl! sion would like the City Council to make the decision as to where the best place for the park should be. Cl.(vu.¡lW I--¡-ð :, Mr. Neumeister stated there is an additional condition stating "A variance for the length of Uplander Street cul-de-sac is granted based on the findings listed in the resolution." There should be another condition stating "An on-street trail shall be provided along the south side of 152nd Lane. A five-foot wide off-street sidewalk shall also be provided along the south side of152nd Lane. The cost of the on-street trail shall be the responsibility of the City and the cost of the off-street sidewalk shall be the responsibility of the Developer." . Regular Andover City Council Meeting Minutes - December 17, 2002 Page 8 Councilmember Trude asked what the difference in size between what the developer proposed for park versus the one the Park Commission came up with. Mr. Neumeister stated_lot is typically a 1/3-acre, where three lots would make up one acre. ~ì'\VuUe1 _ cn-€... I-Î-"'> Councilmember Trude stated this seems very small for a park. She stated she heard from the residents from Woodland 1st and 2nd Additions asking when they will be getting a park in the neighborhood for the children. She stated she thought this would~e too small to be adequate. û.A~i \-Î-02> Byron Westlund, Woodland Development, stated the request from the Park Cornmission was a park from one to three lots and this is an oversize lot so it is more than 1/3 of an acre. The original submittal did plan for an extension from Uplander Street to 152nd and there was a big concern over that. This would be one way to continue the bike trail from Woodland Estates up to Woodland Estates 4th Addition. Discussion ensued regarding the size of the park and where it was located in the development. Councilmember Orttel asked if Mr. Westlund was suggesting something on either lot 22 or 23. Mr. Westlund stated there is a very steep drop across lot 23 and would not make a good park. Mr. Westlund stated that where they are proposing, the land is flat and treed. Mayor Gamache stated it would be ideal to keep as many trees as possible. Councilmember Jacobson asked City Attorney Hawkins if it would it be better to have the developer provide one or two building lots and give it to the City but not label it park land so the City could decide what to put on the lots. City Attorney Hawkins stated legally the City cannot insist on this and they would get platted as outlots and would have to be held in trust by the City for park purposes only. Further discussion ensued regarding the issue of a park in the development and how it could be configured. Motion by Jacobson, Seconded by Orttel, to approve the Preliminary Plat for Woodland Estates 4th Addition with two changes to the resolution. The first one being a variance for the length of Uplander Street cul-de-sac as granted based upon the findings listing in the resolution and on the final plat, the park shall be shown based on the decision between the developer and the Park Commission and subject to Park Commission review of Park location along with a feasibility report (See Resolution RI85-02). Councilmember Knight stated he was concerned with changing the Park Cornmissions recommendation. Councilmember Orttel stated the conditions have changed and it is a courtesy to have the Park Cornmission look at this. Councilmember Trude stated her vision was the park was a continuous greenway connecting Uplander Street to the next street, not realizing that the lots would be too deep there. She could still visualize an attractive park with a trail through it. Motion carried unanimously. . . - ------ Regular Andover City Council Meeting Minutes - December 17, 2002 Page 9 ACCEPT PETITION/ORDER FEASIBILITY REPORT/02-49/WOODLAND ESTATES 4TH ADDITION Motion by Jacobson, Seconded by Knight, to approve the Resolution Declaring Adequacy of Petition and Ordering Preparation of a Feasibility Report for Project 02-48, Woodland Estates 4th Addition. Motion carried unanimously. (Resolution 186-02) CONSIDER REZONING/R-I TO R-4/SHADY OAK COVE Motion by Knight, Seconded by Orttel, to approve the Rezoning Request based on the fact that times and conditions have changed. Motion carried unanimously. (Ord. 8 WWWWWW) CONSIDER PRELIMINARY PLAT/SHADY OAK COVE Community Development Director Neumeister explained the proposed project will create 16 urban residential lots. The existing house will be located on one of the lots. The Planning Commission was in favor of both variances for the cul-de-sacs and agreed that the existing detached accessory building should be removed or brought into compliance with the urban requirements for these structures. Mr. Neumeister stated they need to add a condition stating variances for the length of both the north and south extensions of Eagle Street are granted based on the findings in the resolution and another condition stating that the structure must be removed or reduced in size to the allowable size before final plat approval. Councilmember Jacobson asked why the owner does not want the existing buildings brought into compliance. Mr. _ stated there is no way the building could be brought into compliance because of the type of construction. Motion by Jacobson, Seconded by Orttel, to approve the Preliminary Plat for Shady Oak Cove subject to the conditions in the attached Resolution with the addition of variances for the North and South extensions to Eagle Street are granted based upon the findings included in the resolution and a deletion pertaining to the existing detached accessory building which is required to be removed or made conforming. (See Resolution RI87-02). The Motion carried 4 ayes, 1 nay (Trude). ACCEPT PETITION/ORDER FEASIBILITY REPORT/02-48/SHADY OAK COVE Motion by Jacobson, Seconded by Orttel, to approve the Resolution Declaring Adequacy of ~o--.~ ~_ ~ ~_ ___ Regular Andover City Council Meeting Minutes - December 17, 2002 Page 10 Petition and Ordering Preparation of a Feasibility Report for Project 02-48, Shady Oak Cove. (See Resolution RI88-02). The rnotion carried unanimously. CONSIDER REZONINGIR-l TO R·4/CONSTANCE CORNERS Motion by Trude, Seconded by Orttel, to approve of the Rezoning Request based on the reason that times and conditions have changed. The motion carried unanimously. (Ord. 8XXXXXX) CONSIDER PRELIMINARY PLAT/CONSTANCE CORNERS Community Development Director Neumeister explained this is an urban residential plat creating 42 single family residential lots. Mr. Neumeister stated a variance needs to be approved to cover the cul-de-sac that is over 500 feet in length. Mr. Ottensmann discussed the sewer extensions and lift station on the plat. Councilmember Jacobson stated he did not believe they would be able to get City sewer and water in the Sycamore Street area easily because they would need to go through the wetland in the southwest corner. Mr. Erar stated they discussed this item at the Andover Review Committee and the question is how this property will be served and the most efficient way of serving it. Mr. Ottensmann stated that was correct and there may be lots that cannot be built on because the sewer and water is not available so permits would not be issued to build. He stated there are some difficulties that will have to be addressed. Additional discussion ensued regarding running the sewer and water lines. Councilmember Knight stated there will be additional costs to the development and asked if the costs will be picked up by the developer. Mr. Ottensmann stated this was true unless there would be extra depths that would be picked up. Mr. Opiate stated they would connect to the existing stub on the north side of Red Pine Fields. They would install a lift station, which would have a deep gravity sewer and cut across the wetland and connect them to the pump station. The pump station would have a fifty to one hundred foot force main which would pump it into the gravity sewer and would allow them to put the gravity sewer deep enough through the wetland so there would not be any fill requirements. The DNR will not allow them to fill in any of the wetlands. Councilmember Jacobson stated he did not think this was as simple as it looks on the surface. Councilmember Orttel described the area as where he grew up and the history in the area. Regular Andover City Council Meeting Minutes - December 17, 2002 Page 11 Councilmember Trude stated Crosstown would be expanded at some time and they allowed for this. There is full right-of-way for Crosstown. Motion by Jacobson, Seconded by Knight, to approve the Preliminary Plat for "Constance Corners" subject to the conditions in the proposed resolution with two additions. A variance needs to be approved for the cul-de-sac that is over 500 feet in length and there should be a timeline on outlot A, which should be done at the time of the final plat. (Resolution 189-02) Mayor Gamache asked if the time line would be an issue. Mr. Greg Shlank, 3564 Rollingview Drive stated it would not be an issue. They need an additional right-of-way in the area so they worked out an exchange with the southern property owner and they do have a purchase agreement with the property owner. The motion carried unanimously. ACCEPT PETITION/ORDER FEASIBILITY REPORT/01-45/CONSTANCE CORNERS Motion by Trude, Seconded by Orttel, to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for Project 02-45, Constance Corners. (Resolution 190-02) Councilmember Ortte1 asked why this was one thousand dollars and all the others are five thousand dollars. Mr. Erar stated the changes in the fee ordinance provides for the escrow and in this case, staff quoted a figure and they are sticking by it. The city will recover all the costs associated with the feasibility report. The motion carried unanimously. CONSIDER ADOPTION/l003 FEE ORDINANCE City Administrator Erar stated a revised fee ordinance is adopted yearly by the City Council. All of the fees charged for service are included in the ordinance. Mr. Erar explained the majority of the fees stayed the same with the exception of some building pennit fees that increased to cover the cost of inspections and paperwork. Some fees, such as Street Opening Permits, have been moved from one department to another depending on which department does the inspections. Mr. Erar noted the water rate increases are consistent with the water rate study that was done by the Finance Department. No increases are proposed for sanitary sewer rates. The trail fee increase reflects the recornmended fee of $523.00 per unit and is based on the recommended but . . Regular Andover City Council Meeting Minutes - December 17, 2002 Page 12 not adopted 1999 rate times the Engineering News Record Cost Index for 2002. The 2004 tobacco license fee is doubled to account for additional reporting and police enforcement activities associated with licensing. The 2004 on-sale intoxicating liquor license fee is increased to account for additional reporting and police enforcement activities associated with licensing. Councilmember Trude stated she has had questions about renting the gazebo area. She would like to see non-profits not be charged for the facility rental because they use these for meetings. Some groups go to Ham Lake for their park meetings because Ham Lake does not charge for the outdoor picnic areas. She did not see why the City is charging for outdoor meeting space when the City's conference rooms are free to use. Mr. Erar stated staff would not have a problem with this and they could stipulate for non-profits. There would be a refundable damage deposit. Discussion ensued regarding the fees charged for gazebo rental. Councilmember Trude asked what they were going to do with the park dedication fee for next year. Mr. Erar stated the park dedication fee was not included in the fee resolution because the City Council will need to adopt the NAC reports. Councilmember Knight stated the trail fees sentence does not make sense and asked how did they determine which fees should be increased and which ones should not. Mr. Erar stated the 1999 rate was proposed and recommended by the Park Commission but not adopted by the Council at that time. He stated the $523.00 reflects the rate of inflation on the 1999 rate times the engineering news record cost index for 2002. The way the rates increase, they are looking at what other cities are doing and there were inflationary increases to account for the fact that every year the cost goes up. A survey was done on liquor license fees. Councilmember Jacobson had a question regarding sign rates. He was not aware they charged twenty-five dollars to put a sign up. He thought the City did that as a public service to let the neighborhood know what was going on. Mr. Erar stated this was not a new rate; it has been in place in the Ordinance. Councilmember Trude stated they should talk to the Senior Center regarding rental space because the City pays the overhead of the building. She thought they could ask the Senior Center to help assist the City in helping the groups find places to meet. Councilmember Orttel stated the Senior Center was built with CDBG funds so the Council has no input into the use of the center. Mr. Dickinson stated they are evaluating the area where the Lions used to be and another room adjoining that and looking at remodeling the area to another meeting room. Motion by Jacobson, Seconded by Trude, to adopt Ordinance 260E, establishing fees for 2003 with the changes requested. The motion carried unanimously. r--" ,. . --..~ - .---- Regular Andover City Council Meeting Minutes - December 17, 2002 Page 13 SET MEETING DATE TO DESIGNATE RURAL RESERVE AREA Cornmunity Development Director Neumeister stated the City Council reviewed the "Rural Reserve Sewer Analysis" at a workshop on October 9, 2002 and made slight adjustments before it was accepted on November 19th. That adjustment was in regard to doing an additional study to determine what area(s) north of 16151 Avenue could be served by existing sewer lines without extending a new sewer interceptor pipe from Bunker Lake Boulevard. The additional study (Alternative lA) projected capacity for an additiona1268 units of new housing in the area north ofl61't Avenue (provided the Chesterton Cornmons lift station is upgraded). Staffrecornmends the selection and designation of Alternate lA to satisfY the Metropolitan Council requirement of designating a minimum of the 1,000 buildable acres of Rural Reserve. Council is asked to select a meeting date to make the decision and designate the Rural Reserve area. Motion by Jacobson, Seconded by Trude, to choose the regularly scheduled Council meeting of January 21, 2002 to make the selection and designation of the 1,000 buildable acres of Rural Reserve. The motion carried unanimously. CONSIDER NMMA - CITY MEMBERSHIP City Administrator Erar stated staff contacted Mr. Joseph Strauss and was provided with a draft copy of the NMMA Legislative Agenda for 2003-2004. As the policies suggest, the NMMA is deeply involved in transportation issues and other municipal issues affecting north Metro municipalities. Mr. Strauss is also involved in supporting the legislative activities of the North Metro Highway 10 Corridor Coalition. Mayor Gamache stated the NMMA is different than the AMM and he has been asked by Mr. Renary to apply for a board position on the AMM. He stated the way things are going in the legislature now, they have currently have a switch were suburban cornmunities are becoming more of an influence with redistricting and the last election and he thought being involved with these groups are important. He would hate to be on the outside and not be able to influence these groups lobbying the legislature. His main goal is to make sure the City has some influence in decisions that are being made. Discussion was brought up regarding an article in the StarTribune about lobbying. Councilmember Knight asked what the total cost was for both associations. Mr. Erar stated the cost for the NMMA is $13,770 and the AMM is around $11,000. Discussion ensued regarding the issues and concerns being discussed on the Associations' agendas. Regular Andover City Council Meeting Minutes - December 17, 2002 Page 14 Mayor Gamache suggested they try both Associations. Councilmember Jacobson stated he would be willing to pick one Association, but he would not want to join both. Councilmember Orttel stated previously he was against the NMMA because of some of the issues but the agenda this year in regard to transportation is very important to Andover. AMM to him has been important because of what goes on at the Met Council. He preferred the AMM and would agree with Councilmember Trude that it is an Association where they could join and withdraw at any time. Mayor Gamache stated he believed they would lose some credibility if they would join one Association one year and the other another year. He stated they should stay consistent. Motion by Trude, Seconded by Orttel, to join both AMM and NMMA for the current year only and to be evaluated at the end ofthe year. The motion carried 4 ayes, 1 nay (Jacobson). Motion by Trude, Seconded by Orttel, to appoint the Mayor and City Administrator as the City representatives in the Associations. The motion carried 4 ayes, 1 nay (Jacobson). ACKNOWLEDGE ANDOVER ATHLETIC ASSOCIATIONIMATCHING CONTRIBUTION FOR PARK IMPROVEMENTS City Administrator Erar stated the City has received a letter from Mr. Tom Berard, President of the Andover Athletic Association (AAA) generously offering to provide matching grant funds for improvements to existing softball fields in the cornmunity. Councilmember Trude thought this was great that the Athletic Association wants to improve the facilities that the kids use. She did not know how this fits into the 2003 CIP plan so they may want to dovetail what they want to do with the CIP. She thought the Park Cornmission was adequately obligated to provide the items Council has already supported. Mayor Gamache stated the CIP currently identifies some funding that is available for discretionary expenditures in the park system so there could be a possibility of a dollar matching. Councilmember Jacobson stated the Parks have approximately ten thousand dollars in reserve for miscellaneous projects for 2003 and ifthis is used for the matching, that would mean all the money is used on one project which would be for softball fields and there would be very little money to do anything else in the City for 2003. While he applauds outside groups wanting to give money, he would hope they would understand that once the project they are working on is done, at that point it is a City facility which would be owned by the City and run by the City and they would not have any prior claim on it. City Council directed staff to refer this item to the Park and Recreation Commission for their consideration. Regular Andover City Council Meeting Minutes - December 17, 2002 Page 15 ACCEPT NOVEMBER CUSTOMER SERVICE REPORT City Administrator Erar stated the data is very good. Ninety-seven percent of the responses were in either the Excellent or Good categories, and over ninety percent of the requests were handled within one week or less. Mayor Gamache asked Councilmember Jacobson if there was anything they could do regarding the sound level on channel 16 because the level is really low. Councilmember Jacobson stated there is a modulator that he believes is too low and needs to be reset and he would bring this up at the next meeting. Mayor Gamache stated there was an item regarding a broken fence and vandalism and it looked like it was taken care of rather quickly, which is good. Mr. Erar stated that was true and usually this was something they would address and report to the Park Department who would take appropriate action to repair it. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT STATUS/Ol-31 City Engineer, Bill Ottensmann explained the City is under mandate to submit a MS4 permit to the Minnesota Pollution Control Agency by March 10, 2003. The City has joined with other cities through the League of Minnesota Cities to develop a Guide Plan for preparation of the MS4 permit. The City must now prepare the plan, as there are potentially stiff penalties and potential lawsuits if the plan is not completed on time. City staff will be making a concerted effort to complete the plan within the required time frame. MA YOR/COUNCIL INPUT (Elected Officials Meeting at Tasty Pizza) - Mayor Gamache informed the public that on Thursday, December 19,2002 there will be a meeting for all newly elected officials of the State Legislature at Tasty Pizza in Blaine. Mr. Erar stated it is through the Mayors of the cities of Blaine, Coon Rapids, Andover, Anoka and Ramsey and it starts at 5:30 p.m. There is no agenda but he recornmends posting the meeting if more than three Councilmembers will be present. (Resident Situation) - Councilmember Jacobson stated he was stopped by a resident who has a problem with the City sending him a letter regarding finishing building a structure on his property. He stated he has not completed it yet and he received a notice that he has ten days to either finish it or tear it down and wondering ifhe could get additional time to finish it. Councilmember Jacobson stated he would give the card to Mr. Erar to look into and call him back. Mr. Erar stated if this is the situation he is thinking about, the Chief Building Official did address the situation and under the Regular Andover City Council Meeting Minutes - December 17, 2002 Page 16 Ordinance he was provided with time but he stated he will check into it. (Festival Foods) - Councilmember Trude stated she has heard a lot of positives about Festival Foods opening up and people are really enjoying it. The liquor store is now open also and staffis going to look into all the signs being posted, which was something the City did not want to see in the development. It is getting to be a very attractive project and the steak house is busy all the time. She thinks Andover has finally gotten the number of people in the area to justify more of these types of businesses coming into the city and she hopes to see more of it in the future. (Merry Christmas/Happy New Year) - Mayor Gamache wished everyone a Merry Christmas and Happy New Year. Councilmember Trude thanked the staff members for all the work they have done during the Holiday Season. The City Council recessed at 10:15 p.m. to go into an Executive Session. Motion by Trude, Seconded by Knight, to adjoum. Motion carried unanimously. The meeting adjourned at 10:38 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary __4__