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HomeMy WebLinkAboutCC November 6, 2001 CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOYERMN.US Regular City Council Meeting - Tuesday, November 6, 2001 Call to Order - 8:01 PM 1. Resident Forum 2. Agenda Approval 3. Approval of Minutes Consent Items 4. Approve Debt Service Transfers - Finance 5. Authorize RFPlInsurance Agency Services - Finance 6. Authorize Unregulated Contaminant Monitoring Rule (UCMR) - Public Works 7. Waive Public Hearing/Adopt Assessment RoIl/99-35/Woodland Estates 2nd Addition - Engineering 8.· Approve Quote/99-15/Water Treatment Plant Site/Demolition & Debris Removal- Engineering 9. Accept DNR Grant/O I -22//0ak Wilt Suppression Program - Engineering 10. Accel't Petition/Order FeasibilityReport/01-25/Butternut Street, 173ro Avenue, Flintwood Street- Street Construction - Engineering II. Approve Auditing Services Contract-HLB Tautges Redpath - Finance 12. Authorize Advertisement for positions/Planning and Zoning Commission - Planning 13. Authorize Advertisement for positions/Park and Recreation Commission - Engineering 14. Authorize Transportation Planning RFP/O I - 18 - Engineering 15. Authorize Advertisement for Quotes/I 800 Gallon Tank for Water Truck - Public Works Discussion Items 16. Public Hearing-Delinquent Utility Service Charges - Finance 17. Accept Water Rate Study/99-15/Ehlers & Associates - Finance .18. Authorize Appointment of Engineering Consultant/99-15/Water Treatment Plant - Engineering 19. Consider Resolution-Participation/Metropolitan Livable Communities Act (LCA) Cont. - Planning 20. Approve Preliminary Plat/Prairie Acres/S.W. Wold - Planning 21. Approve Final Plat/Prairie Acres/S.W. Wold - Planning 22. Review Sketch PlanlNortb Lake Ridge/Section 20/Fields Development Company- Planning Staff Items 23. Schedule Council W orkshop/Personnel Policy Matters, Continued - Administration 24. Accept 2002-2006 Preliminary CIP/Schedule Council Workshop -Administration 25. Acknowledge Resignation/Community Development - Administration Mayor/Council 26. Special Use PermitIBiIl's Superette Continued-Attorney & Planning Payment of Claims Adjournment ,.~...'... T - REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 6, 1001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. I AGENDA APPROV AL............................................................................................................. 2 APPROVAL OF MINUTES...................................................................................................... 2 CONSENT ITEMS Approve debt service transfers..............................................................................................2 Authorize RFPlInsurance Agency Services .......................................................................... 2 Authorize unregulated contaminant monitoring rule (UCMR)............................................. 2 Resolution R162-01 waiving public hearing/Adopting assessment roll/99-IS/ Woodland Estates 2nd Addition........................................................................................ 2 Approve quote/99-IS/Water Treatment Plant siteIDemolition and debris removal (Sauter & Sons, Inc., ..$4,ISO)......................................................................................... 2 Accept DNR grant/O 1-22/0ak wilt suppression program ($10,000) .................................... 2 Resolution R163-0l accepting petition/Ordering feasibility/01-2S/Butternut Street, I73rd Avenue, Flintwood Street - Street construction .............................................................. 2 Approve auditing services contract/HLB Tautges Redpath.................................................. 2 Authorize transportation planning RFP/OI- 18...................................................................... 2 Authorize advertisement for quotes/1800-gallon tank for water truck ................................. 2 AUTHORIZE ADVERTISEMENT FOR POSITIONS/P & Z AND PARK COMMISSION Motion to approve................................................................................................................. 3 PUBLIC HEARING: DELINQUENT UTILITY SERVICE CHARGES Resolution RI64-01 adopting the assessment roll for certification of delinquent sewer, Water and/or street lighting service charges ....................................................................3 ACCEPT WATER RATE STUDY /99-ISÆHLERS & ASSOCIATES ................................... 3 Motion to receive the study...................................................................................................4 APPOINT ENGINEERING CONSULTANT/99-IS/WATER TREATMENT PLANT .......... 4 PARTICIPATlONIMETROPOLITAN LIVABLE COMMUNITIES ACT (LCA) .................. S Motion to decline to participate ............................................................................................ 6 PRELIMINARY PLAT/PRAIRIE ACRES/S. W. WOLD Resolution R164-01 approving the preliminary piaL.......................................................... 6 REVIEW SKETCH PLAN/NORTH LAKE RIDGE/SECT 20/FIELDS DEVELOPMENT.... 7 SPECIAL USE PERMIT/BILL'S SUPERETTE.......................................................................8 Motion to hold public hearing for moratorium on NB deveJopment.................................... 9 SCHEDULE COUNCIL WORKSHOP/PERSONNEL POLICY MATTERS Motion to schedule December 11 for workshop on personnel matters................................. 9 2002-2006 PRELIMINARY CIP PLAN/SCHEDULE COUNCIL WORKSHOP.................... 9 (Workshop dates of November 29 and December 13) ACKNOWLEDGE RESIGNATION/COMMUNITY DEVELOPMENT DIRECTOR ........... 10 MAYOR/COUNCIL INPUT Andover Station update......................................................................................................... 10 Sports Facility Task Force .................................................................................................... 10 Code enforcement report....................................................................................................... 10 Community Development Director replacement .................................................................. 10 Citizen participation brochures ............................................................................................. 10 APPROVAL OF CLAIMS ........................................................................................................ 10 ADJOURNMENT...................................................................................................................... 10 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 6, 1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 6, 2001, 8:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota, Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also present: City Attorney, William Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, John Erar Others RESIDENT FORUM Scott Anderson. 2310 1 40th Avenue - objected to the delinquent sewer and water charges of$27.68 that are to be added to the property taxes. Those charges were not paid by the previous owners. He has tried to contact them but has not been successful. He also talked to Edina Realty because that cost should have been a part of the closing, but was not. They brought copies of the papers to the City to prove that the charges are not their responsibility. Attorney Hawkins stated unfortunately this is an issue between two private parties. The City's utility bills have to be paid. Closers are supposed to check with the City to make sure everything is paid at the closing. He saw no reason stop the certification to charge Mr. Anderson for that payment. Council suggested he pay the amount before it is certified to avoid the 15% administrative and 8% interest charges. This is unfortunate, but the City has to collect the money for the public benefit, and the charges to with the property. Mr. Anderson didn't understand why it goes with the property. He suggested for the future that there be a deposit system where a deposit would be kept in the bank and paid with interest if the final bill is paid. Or pass an ordinance that requires the title companies to make sure the final bills, not just delinquent bills, are paid off. The Council suggested he talk to the closer. The meter reading should be read on the day of the closing. Paul Witticki. 1522 l46th Lane - has seen an improvement over the years, stating the Council has done an exceptional job. However, he'd like to see more put into law enforcement. l' ~ - -'" ~ .. ... . , \ Regular Andover City Council Meeting Minutes - November 6, 2001 Page 2 AGENDA APPROVAL Delete Item 21, Approve Final Plat/Prairie Acres/ S. W. Wold. Item 7, reference the November 6, 2001, letter from Larken, Hoffman, Daily and Lindgren, attorneys representing Woodland Development, objecting to the assessment. Remove from the Consent Items for discussion, Item 12, Authorize Advertisement for Positions/Planning and Zoning Commission; and Item 13, Authorize Advertisement for Positions/Park and Recreation Commission. Motion by Trude, Seconded by Knight, approval of the Agenda with the changes. Motion carried unanimously. APPROVAL OF MINUTES October 16,2001, Regular Council Meeting: Correct as written. October 23, 2001, Special Council Workshop: Correct as written. October 25, 2001, Special Work Session/Coon Rapids City Council: Correct as written. Motion by Jacobson, Seconded by Knight, approval of the October 16 and 25 Minutes. Motion carried unanimously. Motion by Trude, Seconded by Orttel, approve the Minutes of the October 23 Special Council Workshop. Motion carried on a 4- Yes, I-Present (Knight) vote. CONSENT ITEMS Item 4. Approve Debt Service Transfers Item 5. Authorize RFPlInsurance Agency Services Item 6. Authorize Unregulated Contaminant Monitoring Rule (UCMR) Item 7. Waive Public Hearing/ Adopt Assessment Ro11l99- 35/W oodland Estates 2nd Addition (See Resolution RI62-01) Item 8. Approve Quote/99-15/Water Treatment Plant Site/Demolition & Debris Removal (Sauter & Sons, Inc., $4,150) Item 9. Accept DNR Grant/OI-22/0ak Wilt Suppression Program ($10,000 Minnesota ReLeafCommunity Forest Health Grant) Item 10. Accept Petition/Order Feasibility Report/01-25/Butternut Street, 173rd Avenue, FIintwood Street - Street Construction (See Resolution RI63-01) Item II. Approve Auditing Services Contract/HLB Tautges Redpath Item 14. Authorize Transportation Planning RFP/01-18 Item 15. Authorize Advertisement for Quotes/1800-Gallon Tank for Water Truck Motion by Trude, Seconded by Orttel, approval of the Items just read. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 6, 2001 Page 3 AUTHORIZE ADVERTISEMENT FOR POSITIONS/PLANNING AND ZONING COMMISSION and PARK AND RECREATION COMMISSION Council noted the terms of two Planning and Zoning Commissioners and two Park and Recreation Commissioners will expire at the end of the year. Applications are being accepted until December 28,2001, with interviews for both Commissions to be held the beginning of2002. Motion by Trude, Seconded by Knight, approval of the two items. Motion carried unanimously. PUBLIC HEARING: DELINQUENT UTILITY SERVICE CHARGES Mr. Dickinson explained the delinquent utility service balance has been reduced from $27,964.17 to $7,938.05 since the notices have been mailed. Delinquent balances as of November 6, 2001 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2002 taxes. Councilmember Trude noted some of the bills are quite large. She suggested people be reminded of their ability to go on the budget plan. Mr. Dickinson agreed that program should be promoted more. Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously. 8:18p.m. There was no public testimony. Motion by Orttel, Seconded by Trude, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, the Resolution (See Resolution RI64-01 adopting the assessment roll for the certification of delinquent sewer, water and/or street lighting service charges) Motion carried unanimously. ACCEPT WATER RATE STUDYI99-15ÆHLERS & ASSOCIATES Rusty Fifield, Ehlers & Associates, explained they evaluated the engineering issues related to the water system and the financial implications of the capital improvements planned for the municipal water system. The report indicates the actions the City will need to take to achieve that financial management capacity. Based on the analysis, they believe the City does have the financial capacity to undertake the proposed water system improvements. This plan should be continually updated in conjunction with the designs of the plans of the water treatment system. He explained that no property tax dollars are used in the operation of the Utility Enterprise Funds. All revenues from users are used to pay for the operations and capital investments. In response to a Council question on the accuracy of the projections, Mr. Carlberg explained the research and information provided was based on the growth projections shown in the Comprehensive Plan. Currently the population is about 27,000. It will go to 40,000 or 45,000. The next ten years will -. .--- -. -- - . , . i Regular Andover City Council Meeting Minutes - November 6, 2001 Page 4 (Accept Water Rate Study/99-15/Ehlers & Associates, Continued) be the best growth years. Staff believes those are very conservative numbers. The Metropolitan Council is also telling the City it has an additional I ,000 acres of sewer capacity. Currently there are about 1,000 buildable lots. The Comprehensive Plan looks at multiple family units, which increases the number of water hookups. They looked at the entire picture of housing goals. Mr. Erickson stated the report anticipates 200 new connections each year. The City has averaged over 300 hookups per year. The report anticipated 65 acres of development each year. The City has been averaging 100 acres each year. Mr. Fifield noted the continuing growth of Andover is at the heart of this analysis. If the growth is not there for some reason, the revenue from that growth is not there. They tried to use reasonable numbers. Ifthe City is too conservative, the rates will be raised too much. User rates as well as area charges and connection charges of new developments are all used in the financial analysis. They have tried to be realistic but conservative. In addition, a three percent inflation factor is figured in over the life of the operation. An increase of 8 percent in connection and area charges and a 5 percent increase in user rates for the years 2002 through 2004 are needed to support operations and debt service. An item under expenses is depreciation. That money will begin to fund a replacement reserve for future capital improvements and upgrading of the water utility. He thought they were understating the investment income because no calculation has been made for it. He also noted that revenue is tied to growth, and the financial issues will need to be reviewed often and changes made in the rate structure if needed. The capital projects include the expenditures for new wells, trunk improvements, water storage facilities and a water treatment facility. Councilmember Orttel was worried that the financing is structured over 20 years for a 10-year improvement plan. Mr. Erar stated the assumptions on the findings include the increases in connection charges and user fees. This is their best estimation of forecasting the needs over the next five, ten, twenty years. It is their intention to analyze this each year to make sure the finances are in line with the needs. If a revenue budget or fund balance increases more than anticipated, those rate increases may decline. Mr. Erar also noted the depreciation expense for funding future capital improvements to avoid spikes in expenditures in anyone year. Their goal is to fund all capital improvements that way in the future. The Council felt it is very positive that the water treatment facility can be accommodated with an increase in user rates of only five percent. It is an investment in the City's infrastructure to remove the impurities in the water by reducing maintenance and expanding the life of the system. Motion by Jacobson, Seconded by Orttel, to receive the Water Rate Study as presented. Motion carried unanimously. AUTHORIZE APPOINTMENT OF ENGINEERING CONSUL TANT/99-15/WA TER TREATMENT PLANT Mr. Erickson explained Staff has reviewed and interviewed seven firms to perform the engineering design for the water treatment plan. The recommendation is to contract with Bolton and Menk, Inc., . ,- ~.. '0- -..,- ~ .->--- _._~- Regular Andover City Council Meeting Minutes - November 6, 2001 Page S (Authorize Appointment of Engineering Consultant/99-15/Water Treatment Plant, Continued) Consulting Engineers and Land Surveyors, to provide the engineering consulting services for the planning, design and construction of the water treatment plan and Municipal Well #8 pumping facility. John Peterson, Bolton and Menk, Inc., noted the surrounding cities in which the company has worked. They have designed water treatment facilities. Typically the best treatment system for iron and manganese is a gravity filter, but they will evaluate both the gravity filter and pressure filter systems. Mr. Erickson stated the evaluation of the pressure versus gravity filters will include capital costs as well as maintenance time and issues of safety and security. The time line includes having the feasibility study back to the Council by early winter, the project to be bid in the spring, with construction beginning early spring or summer. It will take about a year to construct, so the facility should come on line early 2003 at the latest. In response to a question on the rates in the contract, Mr. Peterson stated the engineering services are based on an hourly rate. They will use the cost of construction to check themselves. They hope not to exceed the total number. Councilmember Jacobson asked if they are willing to provide a written performance guarantee that the system will meet the federal and state health criteria. Mr. Peterson stated yes. Their commitment to the City is to have a system that works, whatever it takes. It will be the type of treatment system that allows the City to meet the requirements now. Mr. Erickson stated the project also includes the construction of Well #8 and rerouting the lines as needed plus the water treatment plant. Mr. Erar stated Bolton and Menk, Inc., was the only firm that brought up the City's ability to purchase many items with a sales tax exemption status. Motion by Orttel, Seconded by Trude, that the City Council authorize the contract with Bolton and Menk, Inc., to provide engineering services for the planning, design and construction of the City's water treatment plant and Well #8 pumping facility, subject to review of the contract by the City Attorney, including the provision whereby they will guarantee the plan will allow the City to attain pollutant levels as required by state and federal law. Motion carried unanimously. Mr. Dickinson advised that bonds will not be issued until the exact costs are known. He expected it will be mid-year 2002. They plan to front fund the project out of the existing fund balance. CONSIDER RESOLUTION-PARTICIPA TION/METROPOLITAN LWABLE COMMUNITIES ACT (LCA) Mayor Gamache stated each year the City is asked to decide on its participation in the LCA program. He had asked that this item be tabled to allow him time to gather more information. Joining the program means a potential access to $IS million split among the participating cities to fund housing developments. Only one other city in the urban service area besides Andover does not participate. A vote tonight to participate would mean the City would have to pay $S3,607.29 for the year 2001 plus payments for the years 1997 through 200 of about $119,000. He also understands there would be no Regular Andover City Council Meeting Minutes - November 6, 2001 Page 6 (Consider Participation/Metropolitan Livable Communities Act, Continued) general fund expenditure required because that amount can be covered with the Farmstead development. The City has also adopted affordable life cycle housing goals to get the high school. Councilmember Trude stated her experience in another community has been that once it joined the LCA, some wealthy developers were able to apply for funds to construct low-income housing in the city, and the city had no control over them as long as the zoning requirements were met. That would be the disadvantage of joining. Councilmember Knight also noted that some of the City's codes would not have to be followed in those developments, such as allowing single car garages. Councilmember Ornel noted there are major initiatives going on by the legislature to be able to supercede local zoning and ordinances. He is worried about that. Mayor Gamache stated the City's Metropolitan Council Commissioner recommended the City fully pursue opportunities for implementing life cycle housing goals. They advised goals of an overall density of3.6 units per acre. Is that a part of the agreement the City made? Mr. Carlberg stated no. The Comprehensive Plan has the necessary acreage and land uses to meet the housing goals the City adopted. That is all the City has to do. Councilmember Trude indicated that one of the criteria to get regional govemmental funding has been whether or not the community belongs to the LCA. Councilmember Orttel didn't know if that is the case, pointing out the county is spending funds in Andover that need Metropolitan Council approval. Motion by Jacobson, Seconded by Trude, to decline the invitation to join the Metropolitan Livable Communities Act. DISCUSSION: Mayor Gamache stated he did meet his goal of gaining more information on this issue. He hasn't seen anything that outweighs the concerns raised by the Council, but he will continue to find out where the City can go. He has seen that the Metropolitan Council is trying to be more open to allowing cities to be more flexible and not having the feeling oflosing control. Councilmember Trude complimented the Staff on the progress they have made in the relationships with the Metropolitan Council. Motion carried unanimously. APPROVE PRELIMINARY PLAT/PRAIRIEACRES/S. W. WOLD Mr. Carlberg reviewed the plat for two urban residential lots known as Prairie Acres at 732 140th Lane. The engineering items to be addressed have been added to the Resolution. Motion by GrUel, Seconded by Knight, the Resolution approving the preliminary plat of Prairie Acres as presented, with the change in Item 2, "Overflow drainage calculations need to be provided to ensure that no more water than pre-platting conditions flows into Cherrywood Estates." (See Resolution RI65-01) Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 6, 2001 Page 7 REVIEW SKETCH PLAN/NORTH LAKE RIDGE/SECTION 10/FIELDS DEVELOPMENT COMPANY Lyle Reynolds, Caine and Associates, and Mr. Fields, Fields Development Company, reviewed the sketch plan of a nine-lot rural residential development located southwest of the intersection of 157th Avenue and Round Lake Boulevard. They originally proposed six lots with a cul-de-sac off I 55th. Staff asked them to attempt to provide an exit at 155th east to Round Lake Boulevard or to extend it north to 157th. The property owners to the north and east were approached. The owners to the north were not interested in participating, but the two owners to the east did indicate a desire to participate. So the project was extended to Round Lake Boulevard. In the process of doing this, they picked up two additional parcels. The one parcel contains five acres. The second is 1.36 acres. After realigning the two parcels, they are requesting a variance for square footage on Lot 5. That parcel was 1.36 acres. They are proposing that it now be 1.38 acres. A second variance will be needed on Lot 4. The frontage was originally on Round Lake Boulevard and will continue to do so with this plat. It has 138 feet of frontage. The sketch plan shows 66 feet of easement for I 55th, which was the standard when LakeRidge was developed. The City standard is now 60 feet. Councilmember Orttel felt the access to Round Lake Boulevard for those lots with existing homes should be accommodated. Mr. Reynolds stated at some point those accesses onto Round Lake Boulevard could be eliminated, but they are not proposing to force that on those property owners. Mr. Carlberg stated the stub of 156th A venue in LakeRidge is not improved. It will be the developer's responsibility to improve that road for access to the plat. In response to a question on the irregular layout of Lots 2 and 3 on the southern portion of the plat, Mr. Reynolds explained they tried to give those lots access to the low area that currently exists. It is also necessary for the acreage of the parcels. That low area is of good quality. Councilmember Jacobson questioned the legality of requiring the developer to do something outside the plat. Mr. Fields stated it was his intent to construct the stub of 156th A venue at his expense from the beginning. Councilmember Jacobson was concerned with the landlocked parcel just north of Block I, Lot 3 that is being created with this plat. The City does not allow landlocked parcels to be created. Mr. Carlberg explained that parcel is owned by the person who owns an adjacent parcel that does have frontage plus access to the landlocked piece. That landlocked parcel exists today; it is not being created by this plat. That parcel could be combined with another piece to potentially develop off 1 57th. It is an exception to the project because it is already landlocked. Mr. Reynolds stated they looked at the possibility of providing access, but it could not be done so without losing an additional building site. Mr. Fields stated the landlocked piece is owned by an adjoining property owner. The reason it is two parcels is because they were bought at different times. He talked to that owner, who said he is not interested in getting involved in this project. Attorney Hawkins didn't think the City had a legal responsibility to provide access to that parcel. They are different parcels under common ownership. The platting of this property has no effect on those two parcels. . - - Regular Andover City Council Meeting Minutes - November 6, 2001 Page 8 (Review Sketch Plan/North Lake Ridge/Section 20/Fields Development Company, Continued) Councilmember Jacobson realized Lots 4 and 5, Block 1 have existing houses, but he wondered about getting around the huge variances. Mr. Reynolds stated there is no way to provide sufficient frontage on the lot and to provide the needed acreage. Increasing the acreage would force Lot 4 to face Round Lake Boulevard, and he didn't think that was wise. Councilmember Orttel agreed that it is wise to have alternative frontage. One variance is for a lot that is no bigger than it is today, and the other variance is to accommodate it. Councilmember Trude asked if there will be a problem with a septic system on Lot 2, Block 2. Mr. Reynolds stated based on the existing topography, they believe there is sufficient area for a septic system. They will have to prove that by the final plat. Lots I and 2 have excess acreage, so there is room to move the road further north if necessary. Councilmember Jacobson stated the preliminary plat should show the lots on the north side of the plat. Mr. Reynolds stated that will definitely appear on the preliminary plat. Council had no further comments on the sketch plan. SPECIAL USE PERMIT/BILL'S SUPERETTE, CONTINUED Attorney Hawkins stated the Council had asked him to research the legal process if the Council wanted to look at a rezoning for the Bill's Superette property off Hanson Boulevard and ifthere are circumstances under which the City can terminate the Special Use Permit. It is his opinion that the City can look at the commercial zoning within the entire City as to whether it is reasonable to maintain the zoning classification on this parcel. He has concluded the owner does not have a vested right at this time. If the Council determines it wants to look at that area, it could do so; but it would require a rational basis on which to do it. The zoning change would have to be based on data and information that would support the change as opposed to an isolated look at one specific parcel. He didn't think the City could arbitrarily terminate the Special Use Permit or retroactively apply a sunset clause. Attorney Hawkins suggested an outside planning firm be hired to look at whether or not there are too many classifications of this type in the City or whether less intensive uses would be more appropriate. If the findings of a consultant would support a change, then he felt the land owner would not have a legal basis to continue that zoning classification. Mr. Carlberg stated the sunset clause was added to resolutions in 1990. Research has found there are two Special Use Permits issued prior to that date that have not been finalized, though he understands there may be a change in use to town home development on the Crosstown Boulevard parcel. He didn't think that change would negatively affect the Comprehensive Plan, as the Metropolitan Council encourages higher density housing. He didn't think a study of the commercial classification would affect on the negotiations with the Metropolitan Council on the City's Comprehensive Plan, A consultant would look at the overall commercial zoning of the City, how it is laid out and its uses and whether those findings of fact would warrant changes. That would include neighborhood areas that have a potential use for convenience stores. - . .. - Regular Andover City Council Meeting Minutes - November 6, 2001 Page 9 (Special Use Permitlbil/'s Superette, Continued) Attorney Hawkins stated in one case, the owner had put in footings for the building and the court still ruled there was no vested interest. Another alternative if a legitimate study is to be undertaken would be to impose a moratorium until the study is completed. Since the Andover Station area has already been studied, this study could exclude that area of the City. Or it could include only certain zoning classifications. Councilmember Orttel noted that area has changed a lot since it was zoned commercial in 1988, as now there are 14,000 cars a day going through there with no controlled intersection. He felt this deserves attention. He felt the concern is mainly with the convenience store, and a professional planner could suggest where they should be placed. Jovce Twistle. ISI8 139th Lane - has been a resident for II years. She and the other members of the homeowners' association from the Hills of Bunker Lake would like to offer their support in the consideration of rezoning this property. They have accumulated a lot of data that they would be willing to share. They would also be willing to give assistance regarding citizen input. A moratorium while the study is going on would make them more at ease. They have been living in fear of having this gas station, preferring instead to have good neighbors that would be conducive to the neighborhood. Mr. Carlberg stated the City has already signed off on their plans. Unless a moratorium is in place, the City would not be able to deny the issuance of a building permit. He felt this would have to be put in place quickly. When he contacted the owner of this site, he was told they will be focusing on this site when they have completed the project they are working on now. Motion by Orttel, Seconded by Jacobson, that the City Council direct Staff to prepare an order for a public hearing for consideration of a moratorium on the Neighborhood Business classification conducted in neighborhood business areas to be held at the next City Council meeting. DISCUSSION: Council asked that Staff and the Attorney formulate the correct wording. They also felt a professional planner should be hired to study and analyze the uses and determine where gas station and convenience stores should and should not be located. Motion carried unanimously. SCHEDULE COUNCIL WORKSHOPIPERSONNEL POLICY MATTERS Motion by Orttel, Seconded by Jacobson, to schedule December 11, 2001, for a workshop to personnel discussion. Motion carried unanimously. ACCEPT 1001-1006 PRELIMINARY CAPITAL IMPROVEMENTS PLAN/SCHEDULE COUNCIL WORKSHOP Mr. Erar stated this is a milestone in the City's history, as it is the first Five-Year Capital Improvements Plan that has been prepared. He recognized Staff's involvement in the process and the preparation of the Plan. If approved, any additional projects will be put into the 2002 budget. The operating budget must be adopted by December 28, 2001. A workshop is being proposed for the Council to review the CIP with presentations by the Department heads. A.' second meeting is suggested to meet with the Park and Recreation Commission to discuss their projects. , Regular Andover City Council Meeting Minutes - November 6. 2001 Page 10 (Accept 2002-2006 Preliminary CIP/Schedule Council Workshop, Continued) The Council agreed to schedule the two workshops for Thursday, November 29,7 o'clock to review the CIP, and Thursday, December 13, to meet with the Park and Recreation Commission. ACKNOWLEDGE RESIGNATION/COMMUNITY DEVELOPMENT The Council acknowledged Mr. Carlberg's resignation, expressing appreciation for his service to the City since 1990. Mr. Carlberg stated over the last 12 years he has been fortunate to have career and professional development in Andover. He enjoyed working at the City and he will miss it here. MAYOR/COUNCIL INPUT Andover Station update - Mr. Erar stated the development contract has been signed. He will be reviewing the progress of this and other projects with Mr. Carlberg before he leaves. Mr. Carlberg explained the developer has prepared a brochure and is in the process of negotiating a final anchor with a grocery store. They are working hard to get a grocery store retailer type that Andover wants. Sports Facility Task Force - Councilmember Knight stated the Task Force met with two County Commissioners last night. They made it clear that the Anoka County land is not available, but there would be other forms of support they are looking into. Councilmember Jacobson noted at another meeting this morning there was discussion about the possibility of a private method of operating the facility. Code enforcement report - Mr. Erar stated the Council will be receiving monthly code enforcement reports, which is set up through the Associate Planning office. Community Development Director replacement - Mr. Erar stated he will begin the recruitment process immediately for the Community Development Director position. Citizen participation brochures - Mr. Erar pointed out brochures on the seats in the audience outlining the policies adopted for citizen participation at City Council meetings and public hearings. This is an on-going effort to provide customer service outreach to the people who attend Council meetings. APPROVAL OFCLlAMS Motion by Jacobson, Seconded by Knight, approval of the Claims. Motion carried unanimously. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:30 p.m. ~~ Respectfully su~ £' Marcella A. Peac, e rding Secretary - . -. . --~ - .