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HomeMy WebLinkAboutCC September 4, 2001 ~ q-I~-Ol CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US Regular City Council Meeting - Tuesday, September 4, 2001 Call to Order - 7:00 PM Resident Forum Agenda Approval Approval of Minutes (S/14/01) (S/2I/OI) Consent Items 1. Approve Variance (01-03)/Similar Design Materials/166S2 Hanson Blvd. NW/Mark Oberhamer - Planning 2. Approve Special Use Permit (01-02)/Fuel Tank/Andover High School! Minnesota Petroleum Service, Inc. - Planning 3. Approve Plan to Install Cameras at Sunshine Park - Engineering 4. Accept Petition/OI-23/340S - I42,d Avenue NW/WM - Engineering 5. Approve Change in Signage/O 1-5/City Hall Skateboard Facility - Engineering 6. Reduce Letter of CreditlDeveloper' s Improvements/Sunridge - Engineering 7. Approve Change Order #2/01-12 to 00-1 SINew Elementary School Verdin Street Entrance Improvements - Engineering S. Approve Specifications & Authorize Bids/Fire Department Tanker Truck - Fire Department 9. Approve Summary/ Transient Merchant Ordinance/No. 250A - Clerk 10. Approve Summary/Lawful Gambling Ordinance/No. 25SA - Clerk Discussion Items 11. Approve Amended SUP/PUD/ Alternate Townhome Design/Nature's Run Cont. - Planning 12. Approve Comprehensive Plan Amendment (0 1-0 I)/URL to URMIDevonshire Estates - Planning 13. Approve Rezoning (01-02)/R-4 to M-2//Devonshire Estates - Planning 14. Approve Special Use Permit (01-03 )/Planned Unit DevelopmentlDevonshire Estates - Planning 15. Approve Preliminary PlatlDevonshire Estates - Planning 16. Approve Association Documents/Devonshire Estates - Planning 17. Approve Final Landscape Plan/Devonshire Estates - Planning 18. Approve Final PlatlDevonshire Estates - Planning 19. Approve Preliminary Plat/Creekside Estates Second Addition - Planning 20. Approve Final Plat/Creekside Estates Second Addition - Planning 21. Approve Preliminary 2002 Budget/Certification to State and County - Finance 22. Approve Letter of Credit Reduction/Development Improvements/Project #97 -26/Hamilton Square - Finance 23. Strategic Planning - Council Workshop Outcomes - Administration Staff Items 24. Schedule Joint City Meeting with Coon Rapids - Administration Mayor/Council Payment of Claims Adjournment , ~ q-I? -0 I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -SEPTEMBER 4, 1001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. I AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES......................................................................................................2 CONSENT ITEMS Resolution R123-01 approving variance (01-03)/Similar design materials/16682 Hanson Boulevard/Mark Oberhamer ...............................................................................2 Resolution R124-01 approving Special Use Permit (01-02)/Fuel Tank/Andover HS.......... 2 Resolution R125-01 accepting petition/01-23/3408 142nd Ave/Watermain......................... 2 Reduce Letter ofCredit/Developer's improvements/Sunridge............................................. 2 Resolution R 126-0 1 approving Change Order #2/01-12 to 00-18/New elementary school Verdin Street entrance improvements .................................................................. 2 Approve specs and authorize bidslFire Department tanker truck ......................................... 2 Approve sununaryffransient Merchant Ordinance/No 250A............................................... 2 Approve sununary/Lawful Gambling Ordinance/No 258A.................................................. 2 APPROVE PLAN TO INSTALL CAMERAS AT SUNSHINE PARK ...................................2 Motion to approve................................................................................................................. 3 CHANGE IN SIGNAGE/01-5/CITY HALL SKATEBOARD FACILITY Motion to approve ................................................................................................................. 3 AMENDED SPECIAL USE PERMIT/PUD/ALTERNATE TOWNHOME DESIGN/ NATURE'S RUN Motion to table ...................................................................................................................... 4 COMPREHENSIVE PLAN AMENDMENT (Ol-Ol)/URL TO URMlDEVONSHIRE Resolution RI27-01 to approve ............................................................................................ 4 REZONING (01-02)/R-4 TO M-2/DEVONSHIRE ESTATES Motion to approve................................................................................................................. 4 SPECUAL USE PERMIT (01-03)/PLANNED UNIT DEVELOPMENT/DEVONSHIRE...... 5 Resolution RI28-0l to approve Special Use Permit............................................................. 6 PRELIMINARY PLAT/DEVONSHIRE ESTATES................................................................. 6 Resolution R129-0l to approve preliminary plat.................................................................. 7 ASSOCIATION DOCUMENTS/DEVONSHIRE ESTATES Motion to approve ................................................................................................................. 7 FINAL LANDSCAPE PLAN/DEVONSHIRE ESTATES ....................................................... 7 Motion to approve ................................................................................................................. 8 FINAL PLAT/DEVONSHIRE ESTATES Resolution R130-01 approving final plat.............................................................................. 8 PRELIMINARY PLAT/CREEKSIDE ESTATES SECOND ADDITION Resolution Rl3l-01 to approve the preliminary pIaL.......................................................... 8 FINAL PLAT/CREEKSIDE ESTATES SECOND ADDITION Resolution R132-0l approving final plat.............................................................................. 9 PRELIMINARY 2002 BUDGET/CERTIFICATION TO STATE AND COUNTy................ 9 Resolution R133-0I adopting preliminary budget and certifYing levy ................................. 10 LETTER OF CREDIT REDUCTION/PROJECT #97-26/HAMIL TON Motion to approve ................................................................................................................. 10 STRATEGIC PLANNING - COUNCIL WORKSHOP OUTCOMES Motion to table to another meeting in November ................................................................. 11 Regular Andover city Council Meeting Minutes - September 4, 2001 Table of Contents Page ii LETTER FROM ANOKA AREA ICE ARENA! ANDOVER CHARITABLE GAMBLING.. 11 SCHEDULE JOINT CITY MEETING WITH COON RAPIDS............................................... II MAYOR/COUNCIL INPUT Used cars in boulevards ........................................................................................................ 12 Ultra-Ii ght aircraft ................................................................................................................. 12 Potential executive session for personnel issues................................................................... 12 Entrance signs....................................................................................................................... 12 Ball fields at the high school................................................................................................. 12 September 22 goal-setting session ........................................................................................ 12 Chamber of Commerce ......................,..............."..,..,.."..,..,................................................. 12 APPROVAL OF CLAIMS ........................................................................................................ 12 ADJOURNMENT...................................................................................................................... 12 -- --~....- , CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 4, 1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 4,2001, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Julie Trude Councilmember absent: Ken Orttel Also present: City Attorney, Barry Sullivan Fire Chief, Dan Winkel City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, John Erar Others . RESIDENT FORUM Carroll Abbott. 2917 l42nd Lane - appreciated the fact that the City fixed the potholes on Dalùia and I 42nd Avenue. M€LLEM LA-,uf ll>lr¡) ~-If-O ) Kim ~. 13760 Zelia Street. representing Andover Baseball Association - noted they have been a nonprofit organization in the City since 1994. It is run by volunteers who are not paid. Over 700 kids participate, and the program continues to grow. She wanted the Council to know that they are interested in charitable gambling. They have approached Pov's, but no decision has been made. They understand they cannot do anything without a premises permit. They are interested in charitable gambling for the children. She is a qualified gambling manager, and they have been pursuing an organizational license since August, 2000. They plan to use the funds to assist with the new community facility, to partner with the City to improve baseball fields and to reduce participant costs, and to provide financial assistance to other community organizations. They want to spread the wealth. She understood the recent changes to the ordinance were to protect the City. They are interested in charitable gambling at other sites ifPov's will not approve them. AGENDA APPROVAL Remove from the Agenda Item 11, Special Use PermitlNature's Run PUD. Add Item 23a, Letter from Anoka Area Ice Arena! Andover Charitable Gambling Ordinance. Remove from Consent Items for discussion Items 3, Approve Plan to Install Cameras at Sunshine Park; and Item 5, Approve Change in Signage/OI-5/City Hall Skateboard Facility. Regular Andover City Council Meeting Minutes - September 4, 2001 Page 2 (Agenda Approval, Continued) MOTION by Jacobson, Seconded by Trude, to approve the Agenda. Motion carried on a 4-Yes, 1- Absent (Orttel) vote. APPROVAL OF MINUTES August 14,2001, Special Meeting: Correct as written. August 21,2001, Regular Meeting: Correct as written. MOTION by Jacobson, Seconded by Knight, approval of both Minutes.. Motion carried on a 4- Yes, I-Absent (Orttel) vote. CONSENT ITEMS Item 1 Approve Variance (01-03)/Similar Design Materials/16682 Hanson Boulevard NW/Mark Oberhamer (See Resolution RI23-01) Item 2 Approve Special Use Permit (01-02)/Fuel Tank/Andover High SchoollMinnesota Petroleum Service, Inc. (See Resolution R124-01) Item 4 Accept Petition/01-23/3408-142nd Avenue NW/Watermain (See Resolution RI25-01) Item 6 Reduce Letter of Credit/Developer' s Improvements/Sunridge Item 7 Approve Change Order #2/01-12 to 00-I8/New Elementary School Verdin Street Entrance Improvements (See Resolution RI26-0l) Item 8 Approve Specifications and Authorize Bids/Fire Department Tanker Truck Item 9 Approve Surnmaryffransient Merchant Ordinance/No 250A Item 10 Approve Surnmary/Lawful Gambling Ordinance/No 258A MOTION by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried on a 4- Yes, I-Absent (Orttel) vote. APPROVE PLAN TO INSTALL CAMERAS AT SUNSHINE PARK Councilmember Knight questioned whether it was worth the money to install a camera at Sunshine Park, especially if people cannot be identified. Park and Recreation Commission Chairperson Valeria Holthus stated the Commission felt the cameras would be pro-active to stop vandalism before it occurred, not necessarily to find the perpetrator. The camera would have a 24-hour tape that can be taped over. They already know when things happen out there. She noted the many items of vandalism to the gazebo, satellites, trash receptacles and concession building. It has been very costly. Attorney Sullivan explained the tapes would be made available to the Sheriff's Office, and they would follow through. If the perpetrator ,- ... .. __ h... . - ~- ,,- Regular Andover City Council Meeting Minutes - September 4, 2001 Page 3 (Plan to Install Cameras at Sunshine Park, Continued) is ajuvenile, it would go through the juvenile system. Discussions with the Sheriff's office and the county attorney would be needed to determine if the tapes ITom the camera are sufficient as evidence. Mr. Erar stated tills item was talked about with the Sheriff's office, who does advocate for additional lighting as well as cameras as a deterrent. A clear picture can be obtained depending on the quality of the camera and equipment. Cameras do deter vandalism caused by juveniles. Mr. Erickson noted the changing of the tapes on a daily basis would have to be worked out internally. He understands there would be multiple box locations, but he did not think the camera would be one that pivots. It is more of a deterrent to be able to move the camera to different locations. MOTION by Jacobson, Seconded by Knight, to approve Item 3 (approve installation of camera at Sunshine Park). Motion carried on a 4- Yes, I-Absent (Orttel) vote. APPROVE CHANGE IN SIGNAGE/OI-5/CITY HALL SKATEBOARD FACILITY Councilmember Knight asked if the City could be held liable for having an attractive nuisance, that being the skateboard facility. With no way to enforce the rules, it sounds like this facility is already becoming a problem. Attorney Sullivan stated the City's potential liability would be the same as any other facility the City operates as long as the City is following the rules. The League of Minnesota Cities has provided these rules. Councilmember Trude stated she has suggested an attendant be hired for the skateboard facility because of the need for first aid and overall supervision, just as it is done for the ice rinks. She noted the new signage recommends protective equipment instead of requiring it. She felt it is an enforcement issue, though the CSO officer stops by periodically. She wondered if the City would be eligible for a grant to subsidize an attendant. Mr. Erickson stated Staff also walks by the facility but no one is out there or specifically in charge. For the ice rinks, attendants are there during certain hours. Mayor Gamache stated he would like to see the Park Board put together a schedule of volunteer parents to supervise several hours a day or look at the possibility of facility attendants. Possibly the funds from a vending machine could be used to pay an attendant in the future. Park and Recreation Commission Chairperson Valerie Holthus stated they have had a lot of discussion on this item. It would be very nice to have parent volunteers, and she could make that request in the City's newsletter. The youth are not following the rules and are not taking care of the facility. She has had to talk to them about it, and they still don't recognize rules. It is very fTustrating. It has also been disruptive to the Staff when they come into the City Hall for various reasons. No decisions were made this evening regarding the supervision of the skateboard facility. MOTION by Jacobson, Seconded by Trude, to approve Item No.5 (Approve Change in Signage/Ol- 5/City Hall Skateboard Facility). Motion carried on a 4- Yes, I-Absent (Orttel) vote. ,- . . - . - - I, Regular Andover City Council Meeting - Minutes - September 4, 2001 Page 4 APPROVE AMENDED SPECIAL USE PERMITIPUDIALTERNA TE TOWNHOME DESIGNINATURE'S RUN Motion by Trude, Seconded by Knight, to table (per Mr. Hupp's written request dated August 31, 2001) DISCUSSION: Councilmember Jacobson asked if the letter is sufficient even though it has no signature. Mr. Carlberg explained the City requires the request be in writing, and this was faxed over. Staff will be getting the signed copy of the request. He does not expect that to be an issue. He has suggested to Mr. Hupp that if the item is to be tabled again, that it be tabled indefinitely until the plans are submitted for review. The one-year sunset clause is February 20, so that may be an issue. Attorney Sullivan stated the City Council makes the determination of whether or not significant progress has been made in the first 12 months after the approval of the Special Use Permit. Ifthere isn't sufficient progress, the Permit can be declared null and void. The key phrase is significant progress, and the Council would have to look at the circumstances on a case-by-case basis. He suspected the developer ought to be put on notice that the Council is anticipating something more than paperwork within that time ITatne. That determination has to be made sometime before February 2002. Mr. Carlberg stated if the final plat is approved, they have a vested right to continue with the plat. If the final is not approved by February 2002, there would be a question of vested rights and it would have to be evaluated at that time. Councilmember Jacobson noted that if this is not reviewed at the next meeting, a 4/5 vote approval may not be possible at the first meeting in October due to the anticipated absence of some Councilmembers from that meeting. Motion carried on a 4- Yes, I-Absent (Orttel) vote. APPROVE COMPREHENSIVE PLAN AMENDMENT (01-01)/URL TO URMlDEVONSH1RE ESTATES Mr. Carlberg explained this is the Comprehensive Plan amendment to allow the eight-unit town house project known as Devonshire Estates to be constructed at the southeast corner of Crosstown Drive and 138th Avenue. The current land use designation is Urban Residential Single Family, RU. The proposed land use designation is Urban Residential multiple Family, RM which permits single family as well as medium density multiple family uses such as town houses. The change conforms to the proposed Land Use map in the draft of the 2020 Comprehensive Plan. The Planning and Zoning Commission held a public hearing and reviewed the proposal. They are recommending approval. Motion by Knight, Seconded by Jacobson, to approve the Resolution (See Resolution R127-01 amending the Comprehensive Land Use Plan from RU to RM) Motion carried on a 4- Yes, I-Absent (Orttel) vote. APPROVE REZONING (01-01)/R-4 TO M-2/DEVONSHIRE ESTATES Motion by Jacobson, Seconded by Trude, to approve the Ordinance changes as presented with the following change: Under Ordinance 8, Section 6.03, add Item 2, subject to the Metropolitan Council Regular Andover City Council Meeting Minutes - September 4, 2001 Page 5 (Approve Rezoning (0-02)/R-4 to M-2/Devonshire Estates, Continued) approval of the Comprehensive Plan amendment. DISCUSSION: Councilmember Jacobson asked if the Zoning Contract should also contain the clause subjecting it to the Metropolitan Council's approval of the Comprehensive Plan amendment. Attorney Sullivan did not believe it is necessary. Mr. Carlberg stated the rezoning cannot occur without the approval of the Comprehensive Plan amendment. This also becomes part of the Development Contract. Motion carried on a 4- Yes, 1- Absent (Orttel) vote. APPROVE SPECIAL USE PERMIT (OI-03)/PLANNED UNIT DEVELOPMENT/ DEVONSHIRE ESTATES Mr. Carlberg reviewed the Special Use Permit request to developed a Planned Unit Development consisting of eight town house units off 138th Avenue and Crosstown Drive. A variance is needed for acreage. Ordinance I 12 requires a two-acre site for PUDs. The proposed project will be located on a 1.2-acre site, though the project could conform to the required lot size and setbacks of the M-2 zoning district. That would mean spreading the units across the site and increasing the amount of paved surfaces and inffastructure costs. By constructing two four-unit structures, more common open space can be preserved and uniformity is maintained. The developer has copies of the brick and vinyl to be used, but the City does not have samples of the material. The City has not had samples in the past, only material specifications and colored elevations. He also noted the comparison of this development proposal to the recent town home project of Nature's Run and the Townhomes of Woodland Creek. Mr. Harris, the developer, explained the color of the siding will be almond, which he felt will compliment the area. There will be brick down the side, exterior lighting with lamps on the garages, and short lights in the boulevard. Mr. Carlberg stated they would work with Mr. Harris to make sure the lighting standards are followed. Mr. Harris estimated the units would cost between $169,000 to $189,000, which comes to about $1.7 million of valuation on that 1.2-acre lot. Mr. Carlberg explained lot boxes will be created around the units, and the common areas will be maintained by an association. There are no basements because of the water table. Councilmember Knight asked if anything is being planned for a severe weather shelter. Mr. Harris stated they had originally planned to have basements, but the soil borings showed the high water mark would not allow for a full basement. To construct a basement three feet above the high water table would mean very steep driveways, which are not acceptable. They hired a geotechnical engineer to survey the property. Their report indicates there are some ways they could have full basements if the City would allow them to waterproof them. Mr. Carlberg stated this issue was discussed with Mr. Harris, and the City strongly supports storm shelters, but he didn't think it could require them of the developer. Such shelters are not required in residential homes that are built slab- \ Regular Andover City Council Meeting Minutes - September 4, 2001 Page 6 (Approve Special Use Permit (01-03)/PUD/Devonshire Estates, Continued) on-grade, so legally the City cannot require it of multiple family buildings. The building code does not require it either. Attorney Sullivan thought the City could amend the ordinance to require basements or safety shelters, but it could not be required of this developer. The Council discussed the desire to have either basements or some safety shelter, thinking that is something that should be researched further for multiple housing units. Mr. Harris stated his preference would be to have the basements. He believed the pond has a certain elevation and it has an outlet, and constructing basements above that level is possible. But three feet above the high water mark creates difficulties in having full basements. Mr. Erickson stated the question is whether the Council wanted to consider alternatives to allow an 8-foot basement or possibly split-entry units. They would have to work with the Building Official to come up with an alternative. Mr. Harris stated he could be 6 Y, feet in the ground and still be above the high water table. That would allow windows so the basement could be a living space. He would rather have a lower level because it provides more square footage to the units. If they raised the basement to 883.5, they could have full basements with three steps into the house living area. Basements would not appreciably raise the price of the units. After further discussion, the Council preferred to have basements and directed the Engineer, developer and Building Official should work together to come up with acceptable plans to allow basements to be constructed under these units. Mr. Carlberg noted there would need to be a variance to the three-foot separation requirement. He suggested that the Resolution for the preliminary plat approval allow Staff to administratively look at this and grant that variance. Right now Staff doesn't know what the variance would specifically be. Motion by Jacobson, Seconded by Knight, to pass the Resolution as presented with two changes: I) that it be subject to the material specifications being provided to Staff along with the lighting to meet City ordinances. 2) The City Council recognizes that there are no basements in this development and wishes to have storm protection for the residents who live there and requests Staff and developer to get together and see if they can devise some method so which storm protection can be provided in this development. (See Resolution R128-01 granting the Special Use Permit of Creekside Homes for a Planned Unit Development to develop a residential development consisting of eight town home units to be know as the subdivision of Devonshire Estates) Motion carried on a 4-Yes, I-Absent (Orttel) vote. APPROVE PRELIMINARY PLATIDEVONSHIRE ESTATES Mr. Carlberg reviewed the preliminary plat of Devonshire Estates located at the southeast corner of Crosstown Drive and 138th Avenue NW. There are some modifications to the storm sewers and curbing that the Council does not have but the Staff has reviewed. Councilmember Jacobson understood the driveway will be private and will be plowed and maintained by the association. He thought the private driveway should be shown on the preliminary plat. Mr. Carlberg stated that can be labeled. The association documents will address that. The association will own all common areas. -- - - __ ~_·4_ . Regular Andover City Council Meeting Minutes - September 4, 2001 Page 7 (Approve Preliminary Plat/Devonshire Estates, Continued) In discussing the landscaping, Mr. Harris stated the proposal is to put a single walled fence between the units for privacy on the back patios. He also noted there are a number of existing trees along Crosstown Drive. There is no fencing along that street. There was Council discussion on the desire to see additional screening along Crosstown Drive. It was also suggested that the fencing between patios be L-shaped for more privacy and to be more visually pleasing ITom the street. Councilmember Jacobson asked about looping the watermain. Mr. Erickson stated there is no other cross connection to loop the watermain. Instead, the watermain will be downsized to six inches, similar to what is done in other areas where there is no option oflooping. Motion by Trude, Seconded by Jacobson, to approve the preliminary plat with the addition of another condition, Item 7, to allow Staff to determine the variance required to the three-foot separation from the provision of the ordinance if needed to be able to construct basements for multiple family structures ITom a safety standpoint and as required as part of the PUD. Add another condition that L-shaped fences be installed around the patios. (See Resolution 129-01) Motion carried on a 4- Yes, I-Absent (Orttel) vote. At Councilmember Jacobson's suggestion, Mr. Carlberg stated Staff and legal counsel will review whether or not it is legal to impose the condition that storm shelters be provided in multi-family units. If so, it will be forwarded to the Planning Commission. APPROVE ASSOCIATION DOCUMENTSlDEVONSHIRE ESTATES Motion by Jacobson, Seconded by Knight, to approve the documents. DISCUSSION: Mr. Carlberg noted the correction in Section 12. It appears a portion of the paragraph is missing that gives the City the right of entry to enforce covenants. He suggested the Motion ask legal counsel to review Section 12 for compliance because all of the language is not in there. Councilmember Jacobson added to the motion the change suggested by Mr. Carlberg. Motion carried on a 4- Yes, I-Absent (Orttel) vote. APPROVE FINAL LANDSCAPE PLANIDEVONSHIRE ESTATES Discussion was again on the plantings along the west side of the property, possibly planting evergreens there. The idea is to screen as much as possible from the people on the other side of Crosstown Drive and to protect the privacy of the people who will live in the development. Mr. Carlberg stated they will work with the developer to include additional landscaping to make the property look better. I Regular Andover City Council Meeting Minutes - September 4, 2001 Page 8 (Approve Final Landscaping Plan/Devonshire Estates, Continued) Mr. Harris, developer, stated there are a lot more trees on the west side that are not shown on the landscaping plan, but he would be happy to fill in between the trees. Motion by Knight, Seconded by Trude, approval of the landscaping plan with the amendment that Staff work with the developer to create the screening discussed. Motion carried on a 4- Yes, I -Absent (Orttel) vote. APPROVE FINAL PLATIDEVONSHIRE ESTATES Councilmember Trude noted this is a very, very small plat of eight units in two buildings on 1.2 acres in an area abutting a commercial area. That is why the final plat is being considered on the same night as the preliminary plan. Motion by Jacobson, Seconded by Knight, approval of/tern 19 as presented with two changes: I) for a variance which appears on the preliminary plat with the separation of basements, and 2) subject to the approval of Comprehensive Plan amendment by the Metropolitan Council. (See Resolution R 130-0 I approving the final plat of the Planned Unit Development of Devonshire Estates) Motion carried on a 4- Yes, I-Absent (Orttel) vote. APPROVE PRELIMINARY PLAT/CREEKSIDE ESTATES SECOND ADDITION Mr. Carlberg reviewed the preliminary plat of Creekside Estates 2nd Addition located on Outlots B and C of the previous Creekside Estates subdivision. The project contains five residential lots, one of which includes an existing house. The Park and Recreation Commission determined that park dedication for Outlots B and C was paid at the time that Creekside Estates was developed and no additional park dedication is required. Councilmember Jacobson noted the one large lot on Osage. He personally would not be in favor of having a lot split come in on that lot unless additional property is purchased from the adjoining parcel to meet the lot- ITontage requirements. Also, there is a bam indicated on the large lot. Will that be removed? Robert Day, Taylor Made Homes, stated the barn will be removed. The intent on the large lot is to try to acquire the property on the corner to add the 17 feet needed. With that, the large lot can be split in two. It is not their intent to split a substandard lot. They are taking down very few trees other than where the pond is. Motion by Jacobson, Seconded by Trude, the Resolution as presented with one change, that the preliminary plat shall show that the barn is to be removed. (See Resolution RI3I-0 I) Motion carried on a 4- Yes, I-Absent (Orttel) vote. I Regular Andover City Council Meeting Minutes - September 4, 2001 Page 9 APPROVE FINAL PLA T/CREEKSIDE ESTATES SECOND ADDITION Motion by Knight, Seconded by Trude, approval with the same provision as the preliminary plat, show that the barn is to be removed. (See Resolution R132-01 approving the final plat of Creekside Estates Second Addition) Motion carried on a 4- Yes, I-Absent (Orttel) vote. APPROVE PRELIMINARY 1001 BUDGET/CERTIFICATION TO STATE AND COUNTY Mr. Dickinson explained the approval of a preliminary budget and preliminary levy certification to Anoka County must be done by September IS. A resident informational meeting on the budget has been scheduled for Thursday, September 13,2001, in the City Council Chambers. Mayor Gamache thanked the Staff for the work done on the budget. He felt it is a responsible budget that does not levy to the maximum. Councilmember Trude agreed the entire management team put in a lot of work. She did have a concern that as a Council, they have only had a two-hour review on the budget; and tonight they are being asked to approve it without a lot of discussion. She wondered if more time should be spent discussing the budget before it is approved. One of her concerns is that the budget must be approved before the Council works on its priorities and goals. She felt there are needs that will come up, but they will told they cannot be done because there is no money in the budget for them. Mr. Dickinson stated this is a preliminary budget and is subject to change until the end of the year by either reducing it or keeping the levy constant. If it is not certified to the county, the levy reverts to what was certified last year. The legislature has not set a freeze on city levies. Mr. Erar pointed out that the sports complex would not be funded from the General Fund budget. Any costs incurred would be reimbursed through a bond. The budget was prepared by Staff in a very extensive review process, and it is an operating budget for services the City Council has authorized. If new services are recommended, Staff would provide available funding sources. Councilmember Trude was very protective of the fund balance and felt it is presumptuous to assume the sports complex will be funded through bonding. She didn't think that had been talked through. She asked if the budget should include money for some recreational needs of the community. Mayor Gamache felt that even if the survey indicates a desire for a sports complex, it would be at least a two-year project. He didn't think money would come from the General Fund, or possibly some amount could come from the fund balance. His concern would be levying to the maximum when it is not needed. If it is there, the money will be spent. They have a proposed budget and a proposed levy, and he saw no reason to impose any more on the residents. Mr. Dickinson stated if seed money is needed for a sports complex, it is possible money could come from the capital projects area. Not all of that money is dedicated to a particular project. Money would be available to do some of those projects in the course of the year within the levy being proposed. He also noted that in receiving the new tax capacity calculations from the county, they were off by the equivalent of one $300,000 home. He is very comfortable with the numbers. Councilmember I Regular Andover City Council Meeting Minutes - September 4. 2001 Page 10 (Approve Preliminary 2002 Budget/Certification to State and County, Continued) Jacobson had a concern that because of the massive changes made by the legislature this year and because there is no history on it, that the maximum be levied now. They can always reduce it by December 28. If it were a normal year, he wouldn't be so apprehensive. He was also concerned that the Road and Bridge fund have enough money to fund the Seventh Avenue project that was not completed this year. Mr. Dickinson stated the money to fund that project is already designated and is currently available. The $597,396 for Road and Bridge is for new projects for next year. Councilmember Jacobson stated he also had a concern with the pay for fire fighters and asked if there is enough money in the budget if the Council decides to increase that pay. Mr. Dickinson stated if there is a change over the course of the year, the Council could take the funds from the contingency fund. Mr. Erar stated it was an administrative decision to increase pay for the fire fighters three percent, which is included in the budget. Councilmember Jacobson felt the Council still needs to have that discussion. Councilmember Knight stated he had asked for a table of the tax impact on residents of the City and county levies. Mr. Dickinson stated once the govemment entities have certified to the county, he can make those calculations. At this time they have done extensive research for revenue and expenditures. He is comfortable with what is being proposed. He also noted that they are working on a five-year capital improvement plan; and with that, there should be few surprise projects coming up in the future. Council continued to debate whether more discussion is needed before certifying, whether the levy should be increased to the maximum or whether the preliminary budget and proposed levy should be approved this evening. Councilmember Trude stated given the explanations this evening, she was more comfortable with approving this item as proposed. Councilmember Jacobson stated he still had reservations and would prefer to levy to the maximum. Motion by Gamache, Seconded by Knight, to approve the 2002 budget and certify to the state and county. (See Resolution R133-01 adopting the City of Andover 2002 proposed property tax levy to be certified to the county auditor) Motion carried on a 3- Yes, I-No (Jacobson) I-Absent (Orttel) vote. Winslow Holasek appreciated the time the Staff has put into this budget. It is one of the more responsible budgets. He also stated the City has an excellent finance director. APPROVE LETTER OF CREDIT REDUCTIONIDEVELOPMENT IMPROVEMENTS/ PROJECT #97-16/HAMILTON Motion by Trude, Seconded by Knight, that we reduce the Letter of Credit at the discretion of the City Council by $9,891 because of I) It is a unique circumstance where the property has no encumbrances; 2) There is a substantial balance sitting in the bank in a Letter of Credit that we feel Regular Andover City Council Meeting Minutes - September 4, 2001 Page II (Approve Letter of Credit Reduction/Project (97-26)/Hamilton, Continued) covers the special assessment; 3) The property value is substantial that the City's risk is minimal; and 4) There is market activity and interest in the purchase of the property and evidence that the property is being actively marketed. DISCUSSION: Councilmember Jacobson was concerned that this is setting a precedent. Also, if the property is not sold, he would be concerned with reducing that letter again the next time the assessments are due. Mr. Dickinson stated the modification was made to this contract only. This would not carry to the other developments. Mr. Erar stated in his judgement the City taxpayers are not at risk, nor is he concerned with the precedence of this situation. Motion carried on a 3- Yes, I-No (Jacobson), I-Absent (Orttel) vote. STRATEGIC PLANNING - COUNCIL WORKSHOP OUTCOMES Mr. Erar presented the outcomes of the strategic planning session held on June 13, 2001. Councilmember Trude felt that some of the items need further discussion such as the third internal goal and user fees. Councilmember Jacobson wondered if action plans are going to be prepared to attain these goals. Mr. Erar noted these are the comments made at the planning session. Councilmember Jacobson didn't think that all of the items should be done just because they were put on the board at that meeting. He too felt some of them need further discussion. They need to look at what is more realistic rather than idealistic. Mr. Erar stated this is a strategic planning document. It can be brought back to the Council's goal setting session. Councilmember Trude suggested postponing the goal-setting session until early winter. Council briefly discussed some of the items, then moved the item to a future goal-setting sessIOn. Motion by Jacobson, Seconded by Trude, to move this to another meeting in November to discuss goals and go over the steps. Motion carried on a 4- Yes, I-Absent (Orttel) vote. LETTER FROM ANOKA AREA ICE ARENA/ANDOVER CHARITABLE GAMBLING ORDINANCE The Council accepted the letter and asked Staff to draft a letter to the Anoka Area Ice Arena organization stating the City understands its concerns. SCHEDULE JOINT CITY MEETING WITH COON RAPIDS Mayor Gamache stated the Mayor of Coon Rapids has suggested ajoint meeting to discuss items of mutual interest. They will host the meeting. After a brief discussion, the Council suggested a tentative meeting date of October 21,2001. Regular Andover City Council Meeting Minutes - September 4, 2001 Page 12 M4YOR/COUNCIL INPUT Used cars in boulevards- CounciJmember Jacobson pointed out there have been a number of cars that are for sale being put out in the boulevards and in the Downtown shopping center parking lot. He asked Staff to remind the Sheriff's Office to handle that item. Ultra-light aircraft - Councilmember Jacobson reported he received a call ITom a resident in the vicinity of l46th Lane and Prairie Road regarding a number of people apparently using the sod field to fly their ultra-light aircraft. The residents are complaining about the noise. Apparently the machines are not controlled or licensed by the FAA and there are no criteria to operate them. He didn't know what could be done but asked that the Staff look into it and report back to the Council. Potential executive session for personnel issues - Councilmember Jacobson suggested an item be added to the Agenda for the special meeting on September 11 to hold an executive session for personnel issues. Entrance signs- Mr. Carlberg stated Staff is allocating money in the Capital Improvements Plan for six entrance signs to the City. Ball fields at the high school - Mayor Gamache stated the Ball Field Task Force met earlier this evening. The school board has refused to pay to run the electricity to the fields. The estimated cost to do so is $6,900. The Task Force discussed some options, hoping to hold the costs down. They should know more within a couple days. The Task Force recommendation and the final documents will need to be approved by the City Council. September 22 goal-setting session - Mr. Erar stated the goal-setting session scheduled for September 22 will need to be changed. The Council suggested it be rescheduled for October 27. Mr. Erar stated he will discuss this date with the Staff and get back to the Council. Chamber of Commerce - Mayor Gamache noted the Chamber of Commerce is holding a large show on October 9 and the Ramada Inn in Brooklyn Park. Andover will have a booth there. APPROVAL OF CLAIMS Motion by Trude, Seconded by Knight, approval of the Claims. Motion carried on a 4- Yes, 1- Absent (Orttel) vote. Motion by Trude, Seconded by Knight, to adjourn.. Motion carried on a 4- Yes, I-Absent (Orttel) vote. The meeting adjourned at 10:03 p.m. ~-