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Home My WebLink AboutSP June 20, 2000 Cfr' '&d (j...{) v . u... h L."t;;Q; , - . CITY of ANDOVER 1685 CROSSTOWN BOULEVARO N,W.· ANOOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755-8923 Special Closed City Council Meeting - Tuesday, June 20, 2000 Call to Order - 6:30 PM 1. Administrator's Review Adjournment ----. ...,~_.. .. - CITY of ANDOVER 1685 CROSSTOWN BOULEVARO N,W. . ANDOVER, MINNESOTA 55304 . (763) 755·5100 FAX (763) 755·8923 Special Joint City CouncilÆconomic Development Authority Meeting Tuesday, June 20, 2000 Call to Order - Following EDA meeting held at 7:00 PM Discussion Items 1. Public Hearing: Adopt Business Subsidy Criteria Adjournment CITY of ANDOVER SPECIAL JOINT CITY COUNClLÆCONOMlC DEVELOPMENT AUTHORITY MEETING JUNE 20, 2000 A Special Joint City Council/Economic Development Authority Meeting was called to order by Mayor Jack McKelvey at 7:20 pm, Tuesday, June 20,2000 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Councilmembers Don Jacobson, Julie Johnson, Mike Knight, Ken Ortte1 Absent: Resident Members Bill Hupp and Robert Nowak Also Present: City Administrator, Richard Fursman City Engineer, Scott Erickson City Attorney, William Hawkins Community Development Director, Dave Carlberg Finance Director, Jim Dickinson Fire Chief, Dan Winkel Others PUBLIC HEARING/ADOPT BUSINESS SUBSIDY CRITERIA Motion by Jacobson, seconded by Johnson to open the public hearing. Motion carried. Rusty Fifield, Ehlers & Associates, explained that the City Council and the Economic Development Authority are required to adopt identical criteria. Some of the criteria complies strictly with state law and the rest is common sense criteria that gives latitude for granting business subsidies. Mr. Fifield pointed out that Section 2.5 of the criteria is the wage floor, which they recommend we adopt as the state minimum wage. The reporting information is to be done to the Department of Trade and Economic Development. Mr. Fifield further explained that a business subsidy would be if the city sells a piece of property for less than the market value. Motion by Knight, seconded by Johnson to close the public hearing. Motion carried. Motion by Orttel, seconded by Knight, on behalf of the City Council we pass the resolution (see Resolution No. 121-00, Adopting Business Subsidy Criteria). Motion carried unanimously. MOTION by Jacobson, Seconded by Orttel on behalf of the EDA to adopt the resolution. (See resolution No. 008-00, Adopting Business Subsidy Criteria,) Motion carried on as-yes, 2- absent (Hupp, Nowak) vote. Special City Council/EDA Meeting June 20, 2000 - Minutes Page 2 Motion by Jacobson, seconded by Knight to close the Special Joint City Council/EDA meeting. Motion carried. Meeting adjourned at 7: 32 pm. Respectfully submitted, ¿L¿' J,..¿¿ Vicki Volk Acting Recording Secretary CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW,· ANDOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755·8923 Regular City Council Meeting - Tuesday, June 20, 2000 ' agenda Call to Order - Following Special Joint City CounciUEDA Meeting Plaqne Presentation Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Public Hearing/Modifications to the Dev. Program ofDist. No. I & TIF Plan ofTIF Dist. I-I tif 2. Anoka County Sheriff Monthly Report sheriff 3. Presentation of 1999 Audit Report/Kem, DeWinter, Viere ,LTD audit 4. Presentation/Anoka Area Ice Arena/Request To Amend Gambling Ordinance gamhling 5. Review Easement Encroachment Agreement/00-26/15526 Zilla Street NW easeOO26 6. Approve Revisions to the Preliminary Plat & Development Standards/Grey Oaks reppgoaks 7. Approve Association Documents/Grey Oaks assocgoaks 8. Approve Final Landscape Plan/Grey Oaks landscapegoaks 9. Approve Final Plat/Grey Oaks fplatgoaks 10. Approve Easement Encroachment Agreement/Grey Oaks esmentgoaks II. Accept Supplemental Feasibility Report(98-29 & 00-16)10rder Plans & Specs/00-16/Grey Oaks acptOO16 (Phase ll) 12. Approve Plans & Specs/00-16/Grey Oaks (Phase ll) apprOO16 13. Award BidJ98-29/Grey Oaks bid9829 14. Discuss No Parking at Green Acres Park nopark 15. 1999 Budget Carry Forward, Continued budget Staff. Committees. Commissions 16, Schedule Work Session/Discuss Street Light Policy/June 28, 2000 strligh t 17, Non-Intoxicating Liquor License/Andover Lions lions 18. Amend Pov's Request/Liquor povs Non-Discussion/Consent Items 19. Exemption to Noise Ordinance/Andover Family Fun Fest funfest 20. Approve Resolution Establishing Speed Limit in Section 15 speedlimit 21. Accept Petition/00-25/3532 - I 42"d Avenue NW NW/WM petOO25 22, Approve Resolution Calling of Certain Outstanding G.O Tax Increment Bonds, Series 1993B gobonds 23. End of Probationary PeriodlDeanna Connoy connoy 24. Approve the Cancellation of Excess Liability Insurance insurance 25. Authorize Intersection StudylBluebird Street-I 50th Lane authstudy 26. Declare Cost/Order Assessment RolV98-llIJay Street NW dclr98U 27. Kennel License Renewal/Dover Kennels kennel 28. Accept Easement/14268 Round Lake BlvdlNess easeness 29. Approve Auto Recycling Yard License/Anoka Auto Wreckingll775 Bunker Lake Blvd NW anokaauto Mayor/Council Input Payment of Claims Adjournment ---- ,- CITY of ANDOVER Regular Andover City Council Meeting - June 10, 2000 Minutes The Regular Bi-Montbly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey at 7:32 pm, June 20, 2000 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers Present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel Counci1members Absent: None Also Present: City Administrator, Richard Fursman City Engineer, Scott Erickson City Attorney, William Hawkins Community Development Director, Dave Carlberg Finance Director, Jim Dickinson Fire Chief, Dan Winkel Others Plaque Presentation Mayor McKelvey presented a plaque to Charles Veiman thanking him for his 9-1/2 years of hosting the Council Update cable television program. Mr. Veiman stated that he has enjoyed his time doing the cable show but feels it is now time to retire. He wants the very best for Andover and has enjoyed working with the Council. Resident Forum Mayor McKelvey explained that speakers will be limited to three minutes each and if that is not possible, their concern will be added as an agenda item. No one appeared before the Council. Agenda Approval Remove Item 29, Approve Auto Recycling Yard License/ Anoka Auto Wrecking from the consent agenda for discussion; add Item 13A, Approve Resolution Establishing Compliance with Reimbursement Bonds/Grey Oaks. Regular City Council Meeting June 20, 2000 - Minutes Page 2 Motion by Jacobson, seconded by Johnson to approve the agenda as amended. Motion carried unanimously. Consent Agenda Item 19 Exemption to Noise Ordinance/Andover Family Fun Fest Item 20 Approve Resolution Establishing Speed Limit in Section 15 (Resolution R122-00)\ Item 21 Accept PetitionlOO-25/3532 - 142nd AvenuelWM (Resolution 123-00) Item 22 Approve Resolution Calling of Certain Outstanding G.O. Tax Increment Bonds, Seóes 1993B (Resolution 124-00) Item 23 End of Probationary Period/Deanna Connoy Item 24 Approve the Cancellation of Excess Liability Insurance Item 25 Authorize Intersection Study/Bluebird Street-150th Lane Item 26 Declare Cost/Order Assessment RoI1/98-11/J ay Street NW (Resolution 125-00) Item 27 Kennel License Renewal/Dover Kennels Item 28 Accept Easement/14268 Round Lake Boulevard/Ness (Resolution 126-00) Motion by Johnson, seconded by Knight to approve the Consent Agenda. Motion carried unanimously. Approval of Minutes May 30, 2000, Special Meeting: Correct as written. June 6, 2000, Regular Meeting: Correct as written. Motion by Knight, seconded by Jacobson to approve the minutes of May 30, 2000 and June 6, 2000 as written. Motion carried unanimously. Public HearinglModifications to the Development Program of District No. 1& TlF Plan ofTlF District 1-1 Mayor McKelvey opened the public hearing. Motion by Jacobson, seconded by Johnson to close the public hearing. Motion carried unanimously. Motion by Jacobson, seconded by Knight to move the resolution as presented by staff. (See Resolution 127-00 Adopting the Modification to the Development Program for Regular City Council Meeting June 20, 2000 - Minutes Page 3 Development District No.1 and Adopting the Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1). Motion carried unanimously. (Council recessed at this time to conduct an Economic Development Authority meeting- 7:45 pm. - reconvened at 7:46 pm) Anoka County Sheriff Monthly Report Captain Klink reported that the Sheriff's Department responded to 1110 calls in May. Of these calls, 90 I were incident reports; assaults were up from 4 to 14; there were 21 property damage accidents; personal injury accidents were down; and remainder were domestics, false alarms, felony arrests, DUI, etc. He stated that the crimes have not been centered in a specific area of the city. Presentation of 1999 Audit Report/Kern, DeWinter, Viere, LTD Jennifer Thienes ofKem, DeWinter, Viere presented the 1999 audit report to the City Council noting that within the next 4 to 5 years the city will be required to compile historical cost records. Motion by Orttel, seconded by Knight to recognize receipt of the auditor's report. Motion carried unanimously. PresentationlAnoka Area Ice Arena/Request to Amend Gambling Ordinance Fred Hammacher, a member of the Board of Directors for the Anoka Area Ice Arena made a presentation to the City Council, noting that a large number of those participating in the different programs that use the ice arena are from Andover. He noted that the arena is a membership owned arena and that their purpose is to support the youth in the area. In 1997 he asked the city for a donation and was turned down. Because of the large number of Andover participants, he feels that the city should do something to enable them to raise money in Andover for the arena. He requested that the city consider amending the gambling ordinance so that it would allow their organization to sell puIltabs at the new sports bar that is proposed for Andover Station. The way the ordinance is written now, their organization does not qualify for a gambling permit. Council expressed concern that if the ordinance is amended to accommodate the ice arena association, organizations from other cities would also be able to obtain licenses. It was pointed out, however, that 50% of the expenditures will be for lawful purposes conducted or located with the City of Andover trade area. Regular City Council Meeting June 20, 2000 - Minutes Page 4 (Anoka Area Ice Arena Presentation, Cont.) Councilmember Orttel suggested that this be discussed at a workshop, perhaps in August. Council suggested that other cities' ordinances be obtained to determine how they control who gets permits to operate pulltab operations. Dave Carlberg will research the issue. Review Easement Encroachment Agreement/OO-26/15526 Zilla Street NW The property owners have requested that they be allowed to encroach into the 100 year flood easement in their back yard to install a swimming pool. Councilmember Orttel suggested that the agreement be modified to add that the city may require insurance to cover indemnification. Motion by Jacobson, seconded by Johnson to approve the Hold Harmless Agreement with the following changes: In the 7th Whereas, add the following - "and grade to the plan"; under Now, Therefore, add 18 x 36 for the size of the swimming pool; add "the city may require evidence of insurance to cover indemnification". Motion carried unanimously. Approve Revisions to the Preliminary Plat & Development Standards/Grey Oaks Dave Carlberg reviewed the following revisions to the preliminary plat: Parking: the revised plat provides for 2.3 spaces per unit for the over 55 designated units with the ability to expand to 2.5 spaces per unit in the future. Council felt that 2 spaces would be sufficient. Jerry Windschitl, developer, stated that there are three things that make a plat successfu1- location, design and parking. They are trying to provide parking for the residents, parking for the recreation areas, and overflow parking for the townhomes and single family homes. Councilmember Jacobson explained the lack of parking at The Farmstead and agreed with Mr. Windschitl. Council agreed with the revision with additional parking coming back to the Council for approval. Easement Encroachments: there are a number of parking areas that encroach into drainage and utility easements. The solution is to execute an Easement Encroachment Agreement which is on later in the agenda. Green Space Encroachments: There are parking and building areas encroaching into the green space. The variance for these has been added to the Development Standards. Regular City Council Meeting June 20, 2000 - Minutes Page 5 (Revisions/Grey Oaks, Cont.) Relocation of Buildings: Two buildings have been relocated from Block 3 to Block 4. Council will need to approve tills change. Recreational Facilities: One fountain/gazebo has been removed because of the additional parking and one picnic area was added in Block 5. Council accepted the change. Location of Sidewalks: Counci1member Jacobson noted that the trail at 156th and Linnet seems to stop there and he questioned whether it should go all the way to Nightingale Street. Council agreed that as long as the trails are public now and not as the previously proposed private trails, that it should go all the way to Nightingale. Deficiencies in Covenants Senior Regulation: Page S refers to IX and it should be 1 U. Council agreed with the change. Mr. Hawkins will review the covenants with Mr. Bullard regarding the regulation of SO% of the residents being 55 or older and that Lots 5-16, Block 3 are not age restricted. Commitment to Constrnct Recreational Facilities: Mr. Carlberg noted that the Development Agreement will have a provision that a Certificate of Occupancy will not be issued until the recreational facilities are constructed or an escrow is submitted by the developer. Council agreed. Association Maintenance Program: Mr. Carlberg explained that staff has requested that a maintenance program with funds being collected by the homeowners' association be set up to ensure that the parking lots, recreational facilities, sidewalks or trails and other items be maintained. The public trails and public utilities will be maintained by the city. Council agreed. Right-of Way Encroachments: The covenants have been amended to address this issue and refer to the city's encroachment ordinance as the controlling document. Council agreed. Additional Issues Lack of Adequate Landscape Plan: Councilmember Johnson asked if more landscaping could be behind the townhomes to the north. Mr. Windschitl noted that the landscaping has not been changed since the original preliminary plat was presented. Attorney Hawkins stated that if the landscape plan is the same, we don't have the right to discuss it. Mr. Carlberg explained that the Council did not approve the landscape plan Regular City Council Meeting June 20, 2000 - Minutes Page 6 (Revisions/Grey Oaks, Cont.) previously. Jim Bullard, attorney for Mr. Windschit1, stated that they are here expecting fmal plat approval because of the direction from Council regarding items they wanted changed. They thought all of the issues had been taken care of. Council agreed that additional landscaping is not required. Development Standards: The development standards have been revised and include the requested modifications. Elevation Drawings: The colored elevation drawings were submitted to the Council on March 2, 1999. The developer was requested to provide a copy of the colored elevations that were submitted on March 2, 1999. Colored elevations for the townhomes have also been requested to be submitted by the developer. The building department will regulate the design characteristics. Fence Variance: The fence variance (height of the tennis court fence) has been added to the Development Standards. Sign Variance: The variance to allow the developer to make application for a Special Use Permit for the area ID sign has been added to the Development Standards. Tree Protection Plan: The plan has been revised. Councilmember Jacobson noted that on previous drawings the building in the commercial area was labeled as a day care facility and it is not shown on this revision. He asked that the day care be added. Councilmember Jacobson also noted that in Lot 4, between units 26 and 24 there is a triangle piece ofland left, Mr. Windschitl stated that he will combine it with one of the adjacent lots. Motion by Ortte1, seconded by Jacobson to approve the revised preliminary plat with the following additions: 2) that the areas designated as future parking, if needed, would have to be approved by the City Council; 3) the trail system will be changed to a public system but it will be continued to connect with the rest of the public system to the perimeter of the plat on Nightingale Street; 4) the Building Department will enforce the regulation that all residential buildings have similar design characteristics; 5) the revised Development Standards as submitted have been approved; 6) recreational facilities be constructed or adequate escrow be provided to guarantee their construction. (See Resolution 128-00) Motion carried unanimously. -- - ~--- Regular City Council Meeting June 20, 2000 - Minutes Page 7 Approve Association Documents/Grey Oaks Attorney Hawkins noted that they are satisfied with the documents and recommend approval with the changes discussed this evening.. Motion by Jacobson, seconded by Orttel to approve the Association Documents of Grey Oaks at Andover as presented this evening with the following changes: Page 4, under "X" it is the wrong site for an item which appears on Page 8 under Section M, Senior Housing; clarification on Page 4 Under U which is labeled "Senior Housing" to clarify the question. Motion carried unanimously. Approve Final Landscape PlanIPUD of Grey Oaks Motion by Orttel, seconded by Knight to approve the March 17, 2000 revised fma1 landscape plan. Motion carried unanimously. Approve Final Plat/Grey Oaks/Grey Oaks, lnc. Motion by Orttel, seconded by Jacobson to approve the fma1 plat of Grey Oaks. (See Resolution 129-00 approving fmal plat) Discussion: Jim Bullard, Attorney for Grey Oaks, reminded the Council that the senior housing restrictions they submitted were under a reservation of rights and they are preserving that reservation of rights. That was in their original submittal of April 27th. Motion carried unanimously. Approve Easement Encroachment Agreement/Grey Oaks Dave Carlberg explained that the document presented this evening contains a few minor corrections and removes all references to trails. Motion by Ortte!, seconded by Jacobson to move the Hold Harmless Agreement and Easement Encroachment Agreement as amended, dated June 20, 2000. Motion carried unanimously. Page 8 Accept Supplemental Feasibility Report/(98-29 &00-16)/Order Plans & Specs/OO- 16/Grey Oaks (phase lI) Motion by Knight, seconded by Johnson to move the resolution. (See Resolution No. 130-00 accepting supplemental feasibility study(Grey Oaks Phase I and Phase II) waiving public hearing, and directing preparation of plans and specifications for Project 00-16.) Motion earned unanimously. Approve Plans and Specs/00-16/Grey Oaks (Phase II) Motion by Jacobson, seconded by Johnson to move the resolution. (See Resolution No. 131-00, approving fma1 plans and specifications and ordering advertisement for bids for Project No. 00-16.) Motion earned unanimously. Award Bid/98-29/Grey Oaks Motion by Orttel, seconded by Jacobson to award the bid to Yolk Sewer & Water conditioned on meeting the requirements placed on the developer at the June 20th Council meeting. (See Resolution No. 132-00). Motion carried unanimously. Approve Resolution for Establishing Compliance with Reimbursement Bonds/Grey Oaks/98-29 & Grey Oaks (phase II) 00-16 Motion by Jacobson, seconded by Orttel to move the resolution. (See Resolution No. 133-00, a resolution relating to fmancing of certain proposed projects to be undertaken by the City of Andover establishing compliance with reimbursement bond regulations under the Internal Revenue Code.) Motion carried unanimously. Discuss No Parking/Green Acres Park Motion by Johnson, seconded by Ortte1 to move the resolution. (See Resolution 134-00, Designating no parking ftom Apri11 to July 31 along the east side of Heather Street between Ivywood Street and 142nd Avenue). Motion carried unanimously. Regular City Council Meeting June 20, 2000 - Minutes Page 9 Motion carried unanimously. 1999 Budget Carry Forward, Continued Finance Director Jim Dickinson explained that the proposal is the same that was provided at the last meeting outlining the use of the funds. He noted that the budget was overspent by $741,000 and the request is for $392,100. Councilmember Jacobson asked if there will be enough money for the overpass/underpass for the high school if this is done. Mr. Dickinson replied that there will be. Motion by Jacobosn, seconded by Johnson to approve the 1999 budget carry forward as presented, Motion carried. Auto Recycling Yard License/Anoka Auto Wrecking/1775 Bunker Lake Boulevard Counci1member Jacobson questioned the Fire Chief's memo and whether this should be approved with the condition that the fIre lanes be cleaned. Fire Chief Dan Winkel stated that is not a huge concern. Motion by Ortte1, seconded by Knight to approve the license for Anoka Auto Wrecking. Motion carried unanimously. Schedule Work Session Motion by Orttel, seconded by Jacobson to schedule a work session for June 28,2000, 7:00 pm. Motion carried unanimously. Non-Intoxicating Liquor License/Andover Lions Motion by Orttel, seconded by Knight to approve a temporary non-intoxicating liquor license for the Andover Lions for July 7, 8 and 9, 2000. Motion carried on a 3-yes (Orttel, Johnson, Knight), I-no (Jacobson), I-abstain (McKelvey) vote. Regular City Council Meeting June 20, 2000 - Minutes Page 10 Amend Pov's RequestILiquor Motion by Orttel, seconded by Johnson to approve the request of Po v's Sports Bar to serve liquor in a tent on the ballfields July 7 and 8, 2000. Motion carried on a 3-yes (Orttel, Johnson, Knight), I-no (Jacobson), I-abstain (McKelvey) vote. Mayor/Counci/lnput Town Meeting- Councilmember OrtteI requested that the date of the Town Meeting be changed to avoid appearances by people running for office. He suggested that it be scheduled after the elections. Staffwill come back to Council with suggestions. Ward Lake Drive/Building Permit- Counci1member Jacobson stated that he was contacted by a property owner who would like to build on a parcel of land with no frontage but with an easement coming out to Ward Lake Drive. It was noted that this is contrary to our policy and others have been told it can't be done. Council suggested that the owner apply for a variance and go to the Planning and Zoning Commission with the request. Budget Memo - Councilmember Ortte1 mentioned the memo from the Finance Director asking Council's input for the 2001 budget. Payment olC/aims Motion by Knight, seconded by Orttel, to approve the payment of claims. Motion carried unanimously. Motion by Jacobson, seconded by Johnson to adjourn. Motion carried. Meeting adjourned at 10:55 pm. Respectfully subnútted, :LL-' da Vicki Vo1k Acting Recording Secretary