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HomeMy WebLinkAboutCC August 15, 2000 ~ (..L.Q./ lJj1(ttU1 e>¡-5-cV CITY of ANDOVER Regular City Council Meeting - Tuesday, August 15, 2000 agenda Call to Order - 7:00 PM Resident Forum Bookmar Agenda Approval Name Consent Agenda Approval of Minutes minutes Di'("IU::~ion Ttpm, 1. Public Hearing! Adopt Assessment RoIV98-11/Jay St. NW pb9811 2. Amend Ordinance No. 240, Firearm/Bow Discharge ord240 3. Approve Variance (V AR 00-16)/Frontage on RoadILot Width/Section 12fWojciechowski varOO16 4. Variance Request (V AR 00-17)/Sideyard Setback from Street! 1460 154th Lane NWfWold wold 5. School Discussion school St~ff' C'nmmittef'1iI r'nJnmililli::innliiZ I , 6. On-Sale Intoxicating Liquor License/Jade Catering, Inc. jadecater 7. Schedule Budget Workshop budget 8. Set Meeting Date/Field Inspection/OO-18/Future Extension of Andover Blvd. NW dateOO18 9. Select Interview Dates/Council Candidates interview 10. Temporary Non-Intoxicating Liquor License/Andover Lions/Fire Dept. Tournament firedept NQ~_niC;:"'~liIliiZinn/rQnliiZ".nt Tt(J'mliiZ 11. Discuss New Grant Program - Soccer soccer 12. Appoint Election JudgesIPrimary Election judges 13. Award Bid/OO-16/Grey Oaks (Phase 11) bidOO16 14. Award Quote/00-30/l3635 & 13625 Gladiola St. NW/WM qtOO30 15. Award Quote/00-22/Misc. Concrete Curb & Gutter qtOO22 16. Approve HireIPublic Works Employee/Sewer & Water Dept. hire 17. Approve Lot Split (L.S. 00-09)/16635 Verdin Street NW/Bourn lots plit 18. Approve Special Use Pennit (SUP 00-07)/16635 Verdin Street NW /Bourn ASUP 19. Approve Employee Health Insurance Policy and City Contribution health Mayor/Council Input Payment of Claims Adjournment -- tØ~ Qo L.V-u:ttl.h c¡ -5 s¡. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 15,2000 TABLE OF CONTENTS RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 AGENDA APPRO V AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. 2 CONSENT AGENDA Resolution R 169-00 grant for lighting of soccer field/City Hall Complex # 1 ......... 2 Resolution R170-00 grant for irrigation system at Hidden Creek North Park soccer field 2 Resolution R171-00 grant to purchase soccer goals at various fields ............... 2 Resolution Rl72-00 awarding bidlIPOO-16/Grey Oaks (Phase II) (S.R. Weidema) .... 2 Award quote/IPOO-30/13635 & 13625 Gladiola/Watermain ..... . . . . . . . . . . . . . . . .. 2 Award quote/IPOO-22/Miscellaneous concrete curb and gutter .................... 2 Approve hire/Public Works employee/Sewer and Water Dept (James Smith) ........ 2 Resolution R173-00 approving lot split (LS 00-09)/16635 VerdinIBoum .........,. 2 Resolution R174-00 approving Special Use Permit (SUP 00-07/16635 VerdinIBourn.. 2 Approve employee health insurance policy & City contribution . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES .................................................. 2 ANOKA COUNTY SHERIFF MONTHLY REPORT .............................. 3 PUBLIC HEARING: ADOPT ASSESSMENT ROLL/IP98-11/JA Y STREET NW Resolution R175-00 adopting assessment roll .,.............. . . . . . . . . . . . . . . . .. 3 AMEND ORDINANCE NO. 240, FIREARM/BOW DISCHARGE ................... 3 Motion to amend ordinance with permit process in restricted area ....,............ 6 VARIANCE (V AR 00-16)/FRONTAGE ON ROAD/LOT WIDTH/SECTION 12 .. .. . . .. 6 Resolution R176-00 approving variance (Peter Wojciechowski) .................. 7 VARIANCE (VAR 00-17)/SIDEYARD SETBACK FROM STREET/1460 154TH LANE Resolution R177-00 approving variance (Wold) ............................... 7 SCHOOL DISCUSSION ..................................................... 7 Motion to build extension of Andover Boulevard to western school property line . . . .. 8 ARBITRAGE PAYMENT/SERIES 1995A Motion to approve payment not to exceed $55,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 ON-SALE INTOXICATING LIQUOR LICENSE/JADE CATERING, INC. Motion to approve ...................................................... 9 SCHEDULE BUDGET WORKSHOP and MEETING DATE/FIELD INSPECTI0N/IPOO-18/ FUTURE EXTENSION OF ANDOVER BOULEVARD NW Motion to set budget meeting for August 22/field trip at 6 p.m. on September 5 ...... 9 SELECT INTERVIEW DATES/COUNCIL CANDIDATES Motion to table to August 22 ..................................,........... 9 TEMPORARY NON-INTOXICATING LIQUOR LICENSE/ANDOVER LIONS/FIRE DEPARTMENT TOURNAMENT Motion to approve ...................................................... 9 APPOINT ELECTION JUDGES/PRIMARY ELECTION ResolutionRl78-00appointingjudges ...........,.,....................... 10 MAYOR/COUNCIL INPUT Councilmember Johnson ................................................ 10 PAYMENT OF CLAIMS ................................................... 10 ADJOURNMENT......................................................... 10 --- ~.-- - .-- ~- .- -. - , CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING -AUGUST 15,2000 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, August 15, 2000,7:00 p.m., at the Andover City Hal!, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Julie Johnson, Ken Orttel Councilmember absent: Mike Knight Also present: City Attorney, Barry Sullivan City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Hollv Mulli~an. 13727 ? - stated her house is behind the new Precision Tune by SuperAmerica. They were told during the application process that the hours of op.eration would be 7 a.m, to 5 p.m., and they were guaranteed there would be no cars left in the parking lot and no evening hours. They have put up with a lot of noise in general while they were building. On several occasions since they have been open, cars have been left in the parking lot. There are cars with for sale signs on them in the back. There are instances when p.eople from Precision Tune work until 10 o'clock at night and they have had to call the police, Their attempts to address the issue with them at 8:30 p.m. Sunday night resulted in their being told they were just complaining. She'd like to be able to keep her windows open and watch TV in the evenings. The police recommended they come to the City Council. The residents want them to obey or be shut down. Since the business has been there, kids congregate in the parking lot and are fighting in the back yard. Now there is also a racial issue going on across the street, which all came about since kids have been hanging out in the parking lot. The people who own the shop don't care. Mr. Carlberg stated Staifis working with the business. One of the problems is the resolution does not set hours of operation. One condition that was included is that everything would be put inside the building at the close of the day. The Council also suggested the Sheriff's Department be informed of the racial issues there and deal with them before it becomes more serious and that Staff provide an update for the next meeting. Regular Andover City Council Meeting Minutes - August 15, 2000 Page 2 AGENDA APPROVAL Add Anoka County Sheriff Monthly Report before Item 1; Add Item 5a, Arbitrage Payment/Series 1995A. Remove Item 12, Appoint Election JudgeslPrimary Election, ITom the Consent Agenda for discussion. Withdraw the fourth Resolution under Item 11, the resolution on the soccer field for the new elementary school. Motion by Jacobson, Seconded by Johnson, to approve the Agenda as amended. Motion carried on a 4- Yes, I-Absent (Knight) vote. CONSENT AGENDA Item 11 Discuss New Grant Program - Soccer (Resolution R169-00 for application for MASC/CFL Grant to construct and install lighting for a soccer field at City Hal! Park Complex #1; Resolution R170-00 for MASC/CFL Grant to construct an irrigation system at Hidden Creek North Park soccer field; Resolution R171-00 for MASC/CFL Grant to purchase soccer goals at various fields for soccer) Item 13 Award BidllPOO-16/Grey Oaks (Phase II) (Resolution Rl72-00 awarding bid to S. R. Weidema, $390,476.02) Item 14 Award Quote/IPOO-30/13635 and 13625 Gladiola Street NW/Watermain Item 15 Award Quote/IPOO-22/Miscellaneous Concrete Curb and Gutter Item 16 Approve Hire/Public Works Employee/Sewer and Water Department (James Smith) Item 17 Approve Lot Split (LS 00-09)/16635 Verdin Street NW /Bourn (Resolution R173- 00) Item 18 Approve Special Use Permit (SUP 00-07)/16635 Verdin Street NW/Bourn (Resolution R174-00) Item 29 Approve Employee Health Insurance Policy and City Contribution Motion by Johnson, Seconded by Orttel, approval of the Consent Agenda. Motion carried on a 4- Yes, I-Absent (Knight) vote. APPROVAL OF MINUTES August 1, 2000, Regular Council Meeting: Page 4, third paragraph, change Andover Times to Andover Today. Motion by Johnson, Seconded by Jacobson, approval as corrected, Motion carried on a 4- Yes, 1- Absent (Knight) vote. -~ -- Regular Andover City Council Meeting Minutes - August 15, 2000 Page 3 ANOKA COUNTY SHERIFF MONTHLY REPORT Sergeant Dave Seevert reported the Sheriff's Department has responded to 6,856 calls year-to-date, 1,092 of them in July. The number of calls in July was higher than in June. In response to questions from the Council, he stated the thefts generally go in streaks. It seems to move around; but when they hit, they target an area. He wasn't personally aware of the problems surrounding the new Precision Tune, but he will pass that on to the Department. PUBLIC HEARING: ADOPT ASSESSMENT ROLVIP98-11/JAY STREET NW Motion by Jacobson, Seconded by Ortte1, to open the public hearing. Motion carried on a 4- Yes, I-Absent (Knight) vote. 7:16 p.m. Mayor McKelvey noted a letter was received from the Kottke Bus Company objecting to the purposed assessments. There was no public testimony. Motion by Jacobson, Seconded by Johnson, to close the public hearing. Motion carried on a 4- Yes, I-Absent (Knight) vote. Councilmember Jacobson asked if the letter of objection needs to be mentioned in the Resolution. Attorney Sullivan stated no, as it is noted in the Minutes and is in the paperwork. He assumed another objection will be received once the Council adopts the resolution. Motion by Orttel, Seconded by Jacobson, the Resolution as written with the assessments to be payable on or before the first Monday in January, 2001. (Resolution R175-00 adopting the assessment roll for the improvement of sanitaIy sewer, watermain, street and storm sewer, 1P98-11, Jay Street NW) Motion carried on a 4- Yes, I-Absent (Knight) vote. AMEND ORDINANCE NO. 240, FIREARM/BOW DISCHARGE Mr. Carlberg reviewed the proposed amendment to Ordinance No. 240 - An Ordinance Regulating the Discharge of Firearms and Bows. The amendment basically sets 161st Avenue NW as the boundary prohibiting the discharge of firearms and bows south of it except in restricted areas. He reviewed the map indicating where fireanns would be permitted south of 161 st A venue on parcels of land ten acres or more solely to shoot geese during the early Goose Season and waterfowl during the Waterfowl Season. Bow hunting would be permitted on parcels 2.5 acres or larger. The Commission was concerned with the overlap of the waterfowl season interfering with deer season. Some Commissioners felt a line should be drawn between the seasons. Those voting no were concerned with the shotguns used for waterfowl in the same area when deer hunting season is open. Waterfowl hunters wear camouflage; deer hunters wear blaze orange. The hunting seasons are established by the DNR and are not mentioned in the ordinance. Councilmember Orttel noted that -, , ~, , Regular Andover City Council Meeting Minutes - August 15, 2000 Page 4 (Amend Ordinance No. 240, Firearm/Bow Discharge, Continued) issue has existed in the past. The reason for looking at the issue was not for the safety of the hunters but for the concerns of the neighbors and the fear of safety from bullets while in their yards. Mr. Carlberg noted the proposed amendment was discussed with the Sheriffs Department. It was felt the enforcement will be better with a clearly defined boundary. The DNR has to approve the change, though they reviewed this and are in agreement with its enforceability. Councilmember Orttel stated the zones are being set up for the honest people. There are still jagged boundary lines, so he questioned the ease of enforcement. The only thing this does is limit deer hunting, The problem is in isolated properties and in areas adjacent to housing areas. The proposal makes it impossible for someone with 40 to SO acres south of 161st to hunt. He proposed establishing a system where those on 40 or more acres could get a permit from the City to hunt deer with guns if certain criteria is met. Only the landowner and/or his immediately family could hunt and permission would be needed from half of the neighbors. The police would be given maps showing where permits have been issued, thinking it wouldn't make it any harder to enforce. The City is rapidly approaching an overpopulation of deer, and the proposed amendment would not make a dent in that population. Larissa Arntz. 2381 155th - stated the petition has the support of three to four neighborhoods that border the farm area. The problem they are having is controlling people that are hunting. It is the poaching and hunters chasing wounded deer onto their private properties. She understood the idea of permits, but stated the City is growing. There is hunting where the new school is going in. A gentleman in Woodland Estates was hit while on his roof. Someone in Woodland Estates made the statement that looking out the bedroom window, they saw hunters coming from everywhere. She didn't understand how there could be hunting bordering those homes. Chris Hines. 15260 Nightingale - worked on the farms for about 10 years and can see both sides. He agrees to some extent with the shot gun and slugs because they carry quite a distance. He agrees with the waterfowl hunting and agrees with Councilmember Orttel's suggestion for permits for large land owners to be able to hunt. He doesn't hunt geese any more because there are too many people. There is a lot of agricultural damage caused by deer, so there is a need to keep them in check. Tony Howard. 2119 156th - stated the biggest thing is safety. He called Federal Cartridge today. The ordinance says 500 feet away from any structure. He'd like to see it changed. A three-inch slug will only fall two feet in 200 yards. He'd like to see it outlawed. He's okay with bow and arrow hunting to cut down the deer herd, because it is not as much of a safety issue. He was told if a slug is shot, it can travel 1 ,600 feet. A lot of the property is 100 to 200 feet to the back yards, so 500 feet in the ordinance isn't enough. He hoped the Council will not allow slug hunting, because nothing will stop it unless it hits a tree. He'd like to see the ordinance say to the property line, not to a structure. With the high school coming in, he'd hate to see an accident that could be prevented. He also learned that the shot for geese will travel 9S0 feet, so 500 feet from a structure for geese isn't enough either. -, - Regular Andover City Council Meeting Minutes - August 15, 2000 Page 5 (Amend Ordinance No. 240, Firearm/Bow Discharge, Continued) Lee Packer. 3074 161st Avenue - preferred that either the SO acres on the corner of Round Lake Boulevard and 161st be excluded or that some kind of permit be allowed. He is outside of the MUSA through the year 2020, and there are no plans to develop near his home. If that happens, he is open to restricting hunting on his land. Now he is surrounded by SO acres east and peat to the south. He hunts only on his land and does not allow anyone else to hunt there because he doesn't feel safe with other hunters there. He'd be willing to ask anyone who signed the petition ifhe could hunt. He hunts on a stand and shoots toward the ground. The shells never leave his property line. The land has been in his family for many years. He realizes at some point he win not be able to hunt there, but that is not the case today. He requested the boundary be changed to allow him to hunt on his land or come up with a permitting process on SO acres or more. Steve McGlover. 14909 Universi(y - has SO acres in Andover and 110 acres in Ham Lake. They don't allow anyone else to hunt on their land. They do have a deer problem in there. More deer are killed in Anoka County by cars than by deer hunters. Last year they could shoot 5 deer per permit because of the overpopulation. They feel they should be able to help control the deer population. He never saw the petition. All of the concerns seem to be coming fÌ'om the Round Lake area or west of there. He should be able to hunt on his land. He agrees with Councilmember Orttel's suggestion to get a permit. Goose hunters fire more shots than deer hunters, at least in his area. Don Bower. 14570 Jonq,uil- represented the goose hunters. They can hunt right across fÌ'om where he lives. When hunting, they get permission and try to keep their shooting to the east. The emphasis is on safety first because they don't want anyone to get hurt. They get permission fÌ'om Ken Slyzuk, which provides an opportunity to keep the geese population down. Regarding the overlapping season, waterfowl hunters are required to wear orange until they get to the blind, then they can take it off. The lake is generally frozen over and the geese gone when deer hunting season starts. He suggested a cheap $2 permit to know who is hunting out there. He hoped they win get the opportunity to keep hunting here. Mr. Carlberg stated there is nothing in place for the City to issue permits for hunters. Staff would have to do some investigation. He didn't think it would be an extensive process. Then the Sheriff's Department would have a record of those permits as well. Councilmember Jacobson was concerned with the suggestion of allowing deer hunting by permits below 161 st A venue, thinking it will create problems with enforcement. The ordinance amendment is for the safety of the people living in the houses nearby. The City is growing, and he felt what was presented by the Planning Commission is reasonable. He preferred the amendment as written, Councilmember Orttel reiterated his proposal to allow guns for deer hunting on the larger parcels, noting the safety concerns are both real and perceived. There are problems with both types of hunting. Goose hunting is perceived to be less dangerous, but both are dangerous. He also predicted there will still be people hunting whether its legal or not. They trespass. He liked the idea of permits for deer hunting only for landowners because that creates responsibility on their part of what happens Regular Andover City Council Meeting Minutes - August 15, 2000 Page 6 (Amend Ordinance No, 240, Firearm/Bow Discharge, Continued) out there. It is also a property rights issue. Plus, the proposed boundary between the hunting and no hunting areas is not straight. Adding the large parcels should not create any more confusion. Mayor McKelvey liked the idea of permitting the hunting of deer on the larger parcels, noting the problems with the large deer population in the City. Motion by Orttel, Seconded by Johnson, introducing the ordinance as prepared with the following amendment, that the City consider permitting deer hunting with shot gun slugs in the restricted goose hunting zones providing the following: on parcels over 40 acres in size; parcels whose borders are at least one-fourth mile from any urban type development, that being R-2, R-3 and R-4 or any multiple zones, and any governmental, institutional or educational buildings or churches; and that the hunting be limited to the owner and the owner's family; and that the owners would get a permit at least 30 days prior to the start of hunting and they would state who would be hunting and an exact description of the property and would be accompanied by signed permission ITom over 50 percent of the property owners adjacent to the subject property. DISCUSSION: Mr. Carlberg stated they will do some research on fees and permits and come back to the Council. Mr. Fursman didn't think there would be that many permits. Councilmember Orttel thought maybe the permit should be for the land itself so it is more enforceable. Councilmember Johnson suggested the possibility of issuing permits for goose hunting on 10 acres of more as well. Mr. Carlberg stated the season starts September 2, so that would have to be considered for next year. Motion carried on a 3-Yes, I-No (Jacobson, thinking the permit makes it over complicated, preferring the original proposal instead as it is more easily understandable), I-Absent (Knight) vote. APPROVE VARIANCE (VAR 00-16)/FRONTAGE ON ROAD/LOT WIDTH/SECTION l2IWOJCIECHOWSKl Mr. Carlberg reviewed the request of Peter and Marian Wojciechowski to vary ITom the lot ITontage requirement for a buildable lot and ITom the lot width at the ITont setback on property located in the NE 1/4 of the NW 1/4 of Section 12. The Planning Commission discussed ways to avoid the variance but determined the applicant is not able to acquire adjacent land, that the applicant did not become aware that the lot was not legally buildable until about six months ago, that the land has been valued as a landlocked parcel created in 1980 and has been taxed at a reduced rate, that future development of adjacent land may create access but that there are no development plans in the foreseeable future; that a stub to this parcel was not provided when the property to the southwest was developed in the early 1990's; that prohibiting development of a 40-acre buildable parcel appears to be a severe restriction and that a similar variance was granted in 1997 for a lot along the Rum River. The Commission recommended the driveway standards be required, including a Class V surface and minimum 16-foot clear zone with adequate drainage ditches to provide adequate ingress and egress for emergency vehicles. There was a question that a portion of the present access easement may be subject to wetland regulations, but the applicant has indicated the easement could be reconfigured to avoid the wetland. The Planning Commission generally agreed with the variances but left it open - -,- - .~ - - Regular Andover City Council Meeting Minutes - August 15, 2000 Page 7 (Variance/Frontage on RoaW'Lot Width/Section 12/Wojciechowski, Continued) for the Council to determine the hardship. They were not sure how a variance on this 40-acre parcel would impact similar requests in the future on smaller parcels. Peter Wojciechowski - stated they have no ITontage on a road, The land has been in the family for over 100 years. When Harry Nelson passed away in the 1980's, they were not aware of this ordinance. They feel it is a real hardship on the property. They do not want to subdivide, but plan to build one home on the 40 acres. There is no problem shifting the easement to avoid the wetland. He already has agreement ITom his brother-in-law who owns the land under the easement to shift it over. Councilmember Orttel agreed there should be a way to allow a home with access to it on 40 acres ofland. It is unreasonable to deny it. In this case, by denying it, the only other option of the owner would be to develop the parcel; and he didn't think that is what the City wants. He felt the only way to allow it would be to stipulate a minimum number of acres on which these types of variances would be allowed. Motion by Orttel, Seconded by Jacobson, introducing the Resolution approving the variance request with the following amendment: under the fourth WHEREAS, take out uTO BE DETERMINED BY THE CITY COUNCIL **, insert the words: "finds the location and topography create practical difficulties", then leave the rest of that paragraph. Add: "and WHEREAS, this will allow only one home on subject parcel and it is a 40-acre parcel; and WHEREAS, there will be no subdivision of the property to accommodate the use planned; and WHEREAS, the current parcel has existed in its current configuration for 20 years; and WHEREAS, the applicant owns no contiguous property and other access is not available." Then to back to the NOW, THEREFORE, BE IT RESOLVED in the prepared Resolution. Subject to the wetland crossing mitigation on a two-for-one basis if required or subject to an easement shift if needed to provide access; subject to the driveway to said property meet all provisions of Ordinance No. 204 for standards; subject to only one home allowed on the property. (Resolution R176-00) Motion carried on a 4- Yes, I-Absent (Knight) vote. VARIANCE REQUEST (VAR 00-17)/SIDEYARD SETBACK FROM STREET/U60 154TH LANE NW/WOLD Motion by Orttel, Seconded by Jacobson, approval of the variance request. (Resolution R177-00) Motion carried on a 4- Yes, I-Absent (Knight) vote. SCHOOL DISCUSSION Mr. Fursman asked the Council to take action confirming whether the extension of Andover Boulevard will be built to the driveway entrance of the high school or to the western edge of the school's property line. Staff is recommending the road be built the extra 500 feet with utilities to -, - 0- _ . -'- Regular Andover City Council Meeting Minutes - August 15, 2000 Page 8 (School Discussion, Continued) the edge of the property line. This will allow the agreement to be entered into between Mr. Eveland and the school district, and Mr. Eveland can continue building on his property. The road extension will also help access potential ball fields. At this point the school district staff has indicated there is no concern with how far the road extends beyond their property line in the future or when it is built. The other issue of ball fields versus crossing Crosstown Boulevard to Sunshine Park wil! remain unsettled. Those discussions are on-going, but there is movement toward trying to establish a piece of property next to the school for building the fields. Councimember Jacobson understood the school has budgeted about $220,000 for improvements at the Crosstown and Andover Boulevard intersection. He wanted assurances that that money will remain earmarked for those improvements. Mr. Erickson reported he met with the engineer of SEH and school district representatives on the needs for road improvements out there. A meeting is needed with the county and coordination will be necessary. Preliminarily, a signal may not be absolutely necessary; possibly stop signs and turn lanes wi!! be adequate for awhile. There wi!! be road improvements; it is a matter of what extent. Councilmember Orttel suggested talking with the county soon. They may have to go to the elected officials, as the budgets have probably already been set. He suggested a letter be sent to the county to meet with all parties. Mr, Fursman agreed to write a letter to the county requesting their participation in the improvements of the intersection. Motion by Jacobson, Seconded by Johnson, the City's intent to build the extension of Andover Boulevard to the property line with the provision discussed (that the $220,000 in the school's budget remain allocated for intersection improvements until the costs and allocations are known) DISCUSSION: Councilmember Orttel was concerned with extending utilities to the property line when there may be other alternatives. Mr. Erickson stated they wi!! take a closer look at the actual design of utilities for this area and beyond. Motion carried on a 4- Yes, I-Absent (Knight) vote. ARBITRAGE PAYMENT/SERIES 1995A Mr. Dickinson requested approval of the payment of arbitrage to the IRS in the amount not to exceed $55,000. He's been working with the bond counsel to get the exact amount. They didn't have that amount by last Friday, so that is why it is not on the list of claims. The deadline is tomorrow; otherwise the City will pay a penalty. Mr. Fursman noted the original figure was over $105,000, and he complimented Mr. Dickinson for his efforts in rewriting the debt structure to save over $50,000. The Council also complimented Mr. Dickinson. Motion by Jacobson, Seconded by Johnson, to approve the arbitrage payment not to exceed $55,000 for 1995 G.O. Bonds, the amount to be paid to the Internal Revenue Service. Motion carried on a 4- Yes, I-Absent (Knight) vote. Regular Andover City Council Meeting Minutes - August 15, 2000 Page 9 ON-SALE INTOXICATING LIQUOR LICENSE/JADE CATERING, INC Councilmember Orttel stated the facility was first called a banquet center, and now it is being called a convention center. Now the owners and caterers are known, but he worries about the future. He didn't want them to have the ability to serve liquor without serving food. Mr. Carlberg stated the statute requires certain things to be monitored, and the Special Use Permit can be revoked if the requirements are not met. The license should be subject to receiving the required insurance and a report from the Sheriff's Department. Motion by Orttel, Seconded by Johnson, approval of the on-sale intoxicating and Sunday liquor license requested by Jade Catering, Inc., at the Andover Convention Center, subject to all requirements being met. Motion carried on a 3- Yes, I-No (Jacobson), I-Absent (Knight) vote. SCHEDULE BUDGET WORKSHOP and SET MEETING DATE/FIELD INSPECTIONIlPOO- lS/FUTURE EXTENSION OF ANDOVER BOULEVARD NW Councilmember Johnson stated she spent over an hour with Mr. Slyzuk inspecting the location of the proposed extension of Andover Boulevard. She recommended letting him lead the inspection with the Council. Motion by Orttel, Seconded by Jacobson, to set the preliminary budget meeting for August 22 at 7 0' clock at the City Hall and set September 5 one hour before the City Council meeting for the field inspection; and if it takes more time, to do it again. DISCUSSION: The Council asked for a recap of the fie!d inspection at a future Council meeting. Motion carried on a 3- Yes, I-Abstain (Johnson), I-Absent (Knight) vote. SELECT INTERVIEW DATES/COUNCIL CANDIDATES Because the application process for the Council seat had not yet closed, the number of applicants was not known. Motion by Ortte!, Seconded by Jacobson, to table the interview dates for the Council candidates to the August 22 special meeting. Motion carried on a 3- Yes, I-Abstain (Johnson), I-Absent (Knight) vote. TEMPORARY NON-INTOXICA TING LIQUOR LICENSE/ANDOVER LIONS/FIRE DEPARTMENT TOURNAMENT Motion by Orttel, Seconded by Johnson, the license as presented (to the Andover Lions Club for Saturday, August 26, 2000). Motion carried on a 2- Yes, I-No (Jacobson), I-Abstain (McKelvey because he is a member of the Andover Lions Club), I-Absent (Knight) vote. .-- . Regular Andover City Council Meeting Minutes - August 15, 2000 Page 10 APPOINT ELECTION JUDGESIPRIMARY ELECTION Councilmember Orttel indicated he will not vote on this issue because of a financial and emotional connection. Motion by Jacobson, Seconded by Johnson, the Resolution appointing judges for the primary election to be held on Tuesday, September 12,2000, as presented. (Resolution R178-00) Motion carried on a 3- Yes, I-Present (Orttel), I-Absent (Knight) vote. MAYOR/COUNCIL INPUT Councilmember Johnson - Councilmember Jacobson expressed sorrow in seeing Councilmember Johnson leave and hoped she will be back to work on some committees. Mr. Fursman noted Staff's gratitude in the efforts and devotion of Council member Johnson, Councilmember Johnson thanked the Staff for being so helpful and supportive and stated it has been a pleasure to work with them as well as with the Council. Mayor McKelvey and Councilmember Ortte! also thanked her for her efforts, expressing sorrow in seeing her leave. PAYMENT OF CLAIMS Motion by Jacobson, Seconded by Johnson, the payment of Claims as presented by Staff. Motion carried on a 4- Yes, I-Absent (Knight) vote. Motion by Johnson, Seconded by Ortte!, to adjourn. Motion carried on a 4- Yes, I-Absent (Knight) vote. The meeting adjourned at 9:07 p.m. Respectfully submitted, '~tN?.L-- Mella A. Peach Recording Secretary