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HomeMy WebLinkAboutCC September 5, 2000 ~~ a.o uJ-z-t:tL-n Cj-/1-co CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.· ANDOVER, MINNESOTA 55304' (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - Tuesday, September S, 2000 agenda Call to Order - 7:00 PM (following field tour held at 6:00 PM) Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Bond Sales-Ehlers & Assoc. bond 2. Approve Ordinance No. 240/Discharge of Bows & Fireanns/Pennit Procedure ord240 3. Discuss Direction of Communal Septic Systems septic 4. Proposed Levy Certification - Taxes Payable 2001 levy 5. Set Truth in Taxation Hearing Date taxation 6. Results of Additional Investigation/98-20/Pedestrian Underpass result9820 Staff. Committees. Commissions 7. Set Special Joint Meeting with Park & Recreation Commission jointmtg 8. Schedule Meeting of the Economic Development Authority eda 9. Youth 1st Appointment youthlst Non-Discussion/Consent Items 10. Modifying the Tax Increment Financing Plan-District 1-3 tifl-3 I I. Software Support Agreement-Affiliated Computer Services (ACS) support 12. Approve Change Order #3(Deduct)/99-2I1Sunshine Park Shelter c039921 13. Approve Final Payment/99-2I1Sunshine Park Shelter fpay9921 14. Approve Change Order #2 (Compensating)/98-27/Fox Hollow c029827 IS. Approve Final Payment/98-27/Fox Hollow fpay9827 16. Approve Change Order # 1I00-22IMisc. Concrete Curb & Gutter col0022 17. Approve Change Order #2/98-33 (Cambridge Estates 2nd Addition), 98-34 (Chesterton Commonsc029833 3'd Addition & 98-36 (Chesterton Commons North) 18. Approve Final Payment/98-33 (Cambridge Estates 2nd Addition), 98-34 (Chesterton Commonsfpay9833 3'd Addition & 98-36 (Chesterton Commons North) 19. Bunker Lake Boulevard Project Update/98- I 7 updt9817 20, Approve AgreementINorthern Natural Gas/Grey Oaks Right-Of-Way Crossing nngas 2 I. Order Plans & Specs/00-17/ Anoka County Library Trail ordOO17 22. Approve Quote/00-28IMisc. Park Handicapped Accessibility ImprovementslRubber Surfacingqt0028rs 23. Approve Quote/00-28IMisc. Park Handicapped Accessibility 1mprovementsIBituminous Trailsqt0028bt 24. Precision Tune Update prectune 2S. Declare Cost/Order Assessment Roll/98-27/Fox Hollow dclr9827 26. Declare Cost/Order Assessment RoIV98-28/Shadowbrook S"' Addition dclr9828 27. Update of Crooked Lake School Walking Area MeetinglOO-3 I updt0031 28. Approve Special Use PennitJRelocate Structure/142xx Round Lake Blvd. NW/Kramer supkramer 29. Approve Easementsffransmission Line/Great River Energy grenergy 30. Release Letter ofCredit/99-20!Woodland Creek 3'd Addition/Special Assessments loc9920 3 I. Reduce Letter of Credit/9S- l!Woodland Creek 5"' Addition/Special Assessments loc951 32. Reduce Letter ofCredit/96-30/Cherrywood Estates/Special Assessments loc9630 33, Reduce Letter ofCredit/97-0S!Woodland Estates/Special Assessments loc9705 34. Purchase 1991 Advance Building Sweeper sweeper 35. Accessory Structure Provisions Update update 36. Anoka County GIS Data Fair Invitation gisdatafair Mayor/Council Input Payment of Claims Adjournment - - vu vl...tLt.. CVJ UJ)(ffú (1-19-00 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 5, 2000 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 CONSENT AGENDA Resolution R181-00 modifYing the Tax Increment Financing Plan-District 1-3 ....... 2 Software support agreement - Affiliated Computer Services (ACS) . . . . . . . . . . . . . . .. 2 Resolution R182-00 approving Change Order #2/IP98-27/Fox Hollow. . ., . . . . . . . .. 2 Resolution R183-00 approving final paymentlIP98-27/Fox Hollow. . . . . . . . . . . . . . .. 2 Resolution R184-00 approving Change Order #1/IPOO-22/Misc. concrete curb & gutter 2 Resolution R185-00 approving Change Order #2/IP98-33, IP98-34 & IP98-36 ....... 2 Resolution R186-00 approving final paymentlIP98-33/IP98-34 & IP98-36 .......... 2 Bunker Lake Boulevard project update/IP98-17 ............,..............,.., 2 Approve agreementINorthem Natural Gas/Grey Oaks right-of-way crossing. . . . . . , .. 2 Resolution R187-00 ordering plans and specs/IPOO-17/Anoka County library trail ,... 2 Approve quote/IPOO-28/Misc park handicapped accessibility improvements/rubber surfacing .........................,............................,... 2 Precision Tune update ................................................... 2 Resolution R188-00 declaring cost/ordering assessment roll/IP98-27/Fox Hollow .... 2 Resolution R189-00 declaring cost/ordering assessment rolllShadowbrook 5th. . . . . .. 2 Update of Crooked Lake School walking area meeting/IPOO-31 ................... 2 Resolution R190-00 approving Special Use PermitIRelocate structure/142xx Round Lake BoulevardlKramer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve easements/Transmission line/Great River Energy. . . . . . . , . . . . . . . . . . . . . .. 2 Release Letter ofCreditlIP99-20/Woodland Creek 3rd/Special assessments ......... 2 Reduce Letter of CreditlIP95-1 /Woodland Creek 5th/Special Assessments .......,.. 2 Reduce Letter of CreditlIP96-30/Cherrywood Estates/Special Assessments. . . . . . . . .. 2, Reduce Letter of CreditlIP97 -05/W oodland Estates/Special Assessments ........... 2 Purchase 1991 advance building sweeper,............................,...... 2 Accessory structure provisions update . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Anoka County GIS Data Fair invitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES ........................................,......... 3 BOND SALES - EHLERS AND ASSOCIATES Resolution R191-00 approving $2,445,000 Taxable G.O. Tax Increment Bonds, Series. 2000A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Resolution R192-00 approving $3,350,000 G.O. Permanent Improvement Revolving Fund Bonds, Series 2000B ............................................ 3 ORDINANCE NO. 340/DlSCHARGE OF BOWS AND FIREARMS/PERMIT PROCEDURES Motion to approve ...................................................... 4 DISCUSS DIRECTION OF COMMUNAL SEPTIC SYSTEMS. . . . . . . . . . . . . . . . . . . . .. 5 PROPOSED LEVY CERTIFICATION - TAXES PAYABLE 2001 ................... 5 Resolution R193-00 adopting 2001 proposed property tax levy ................... 6 SET TRUTH IN TAXATION HEARING DATE Motion to set November 30 for Truth in Taxation; December 19 for continuation. . . .. 6 RESULTS OF ADDITIONAL INVESTIGATIONS/IP98-20/PEDESTRlAN UNDERPASS 6 ..- . ---- . Regular Andover City Council Meeting Minutes - September 5, 2000 Table of Contents Page ii DISCUSS MATERIAL/COLOR CHANGES/ANDOVER PET HEALTH & WELLNESS CLINIC Motion to approve ...................................................... 7 SET SPECIAL JOINT MEETING WITH PARK & RECREATION COMMISSION (Oct 19)7 SCHEDULE MEETING OF EDA (Sept 12) . . . .. . . . . . . . .. . . . , . . . . . . . . . . . . . , . . . , .. 7 YOUTH FIRST APPOINTMENT Motion to appoint City Larsen as board member, Bill Yaniero as alternate .......... 8 CHANGE ORDER #3 (DEDUCT) and FINAL PA YMENT/IP99-21/SUNSHINE PARK SHELTER. . . . , . . , . . . .. . . . . . , . . , . .. . , .. . . . .. . . , . . , . .. . . .. . . . .. . . .. . . . .. 8 Resolution R194-00 approving Change Order #3 .,............................ 9 Resolution RI95 approving final payment. . . . . . . . . . .. . . . . . . . . . . . . . . , . . . . . , . .. 9 DISCUSS ADMINISTRATOR STATUS. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 9 MAYOR/COUNCIL INPUT Update on moratorium/multiple housing. . . . . . . . . . . . .. . . . , . . . .. . . . .. . . . . . . ., 10 Letter on "For Sale" vehicles in boulevards. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . .. 10 APPROVAL OF CLAIMS .................................................. 10 ADJOURNMENT ......................................................... 10 .... . CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 5, 2000 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, September 5, 2000,7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Al Grabowski. Park and Recreation Commissioner - asked that Items 12 and 13 relating to the shelter in Sunshine Park be moved from the Consent Agenda for discussion. The Council agreed. Winslow Holasek - suggested Item 20, approving the agreement with Northern Natural Gas regarding the Grey Oaks right-of-way crossing, be moved from the Consent Agenda for discussion. As he read the agreement, The City is agreeing to restrictions that are not in the original agreement. Attorney Hawkins stated the City has made the changes to the agreement it wants, and he and Staff feel there is no reason not to approve the agreement. The agreement only applies to the City's encroachment on the easement. The City does not have any interest in the land, but it is encroaching on the easement. This agreement does not affect the landowner's rights. Mr. Holasek was satisfied. The Council agreed to have the item remain on the Consent Agenda. A resident thanked the Council for taking the time to tour the property for the proposed extension of Andover Boulevard. AGENDA APPROVAL Add Item 6a, Discuss Material/Color Changes to Andover Pet Health & Wellness Clinic; Add Item 9a, Discuss Administrator Status; Delete Item 23 from the Agenda; Remove Items 12, Approve Change Order #3 (Deduct)/IP99-21/Sunshine Park Shelter and 13, Approve Final Payment/IP99- 21/Sunshine Park Shelter, from the Consent Agenda for discussion. . , Regular Andover City Council Meeting Minutes - September 5, 2000 Page 2 (Agenda Approval, Continued) Motion by Knight, Seconded by Jacobson, approval of the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 10 Moditying the Tax Increment Financing Plan - District 1-3 (Resolution R181-00) Item II Software Support Agreement - Affiliated Computer Services (ACS) Item 14 Approve Change Order #2 (Compensating)/IP98-27/Fox Hollow (Resolution RI82-00) Item 15 Approve Final Payment/IP98-27/Fox Hollow (Resolution R183-00) Item 16 Approve Change Order #1/IPOO-22/Miscellaneous Concrete Curb & Gutter (Resolution R184-00) Item 17 Approve Change Order #2/IP98-33 (Cambridge Estates 2nd), IP98-34 (Chesterton Commons 3rd) and IP98-36 (Chesterton Commons North) (Resolution R185-00) Item 18 Approve Final PaymentlIP98-33 (Cambridge Estates 2nd), IP98-34 (Chesterton Commons 3rd) and IP98-36 (Chesterton Commons North) (Resolution RI86-00) Item 19 Bunker Lake Boulevard Project Update/IP98-17 Item 20 Approve AgreementINorthem Natural Gas/Grey Oaks Right-Of-Way Crossing Item 21 Order Plans and Specs/IPOO-17/ Anoka County Library Trail (Resolution R187-00) Item 22 Approve Quote/IPOO-28/Miscellaneous Park Handicapped Accessibility Improvements/Rubber Surfacing Item 24 Precision Tune Update Item 25 Declare Cost/Order Assessment RoIIlIP98-27/Fox Hollow (Resolution R188-00) Item 26 Declare Cost/Order Assessment RolIlIP98-28/Shadowbrook 5th Addition (Resolution RI89-00) Item 27 Update of Crooked Lake School Walking Area MeetinglIPOO-31 Item 28 Approve Special Use PermitlRelocate Structure/142xx Round Lake Boulevard NW /Kramer (Resolution R190-00) Item 29 Approve Easements/Transmission Line/Great River Energy Item 30 Release Letter of CreditlIP99-201W00dland Creek 3rd Addition/Special Assessments Item 31 Reduce Letter of CreditlIP95-11W00dland Creek 5th Addition/Special Assessments Item 32 Reduce Letter of CreditlIP96-30/Cherrywood Estates/Special Assessments Item 33 Reduce Letter ofCreditlIP97-051W00dland Estates/Special Assessments Item 34 Purchase 1991 Advance Building Sweeper Item 35 Accessory Structure Provisions Update Item 36 Anoka County GIS Data Fair Invitation Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda. Motion carried unanimously. - . , -- Regular Andover City Council Meeting Minutes - September 5, 2000 Page 3 APPROVAL OF MINUTES August 8, 2000, Special Workshop: Correct as written. August 15, 2000, Regular Meeting: Correct as written. August 22, 2000, Special Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, to approve the August 8 and August 22 Meeting Minutes. Motion carried unanimously. Motion by Jacobson, Seconded by Orttel, to approve the August 15 Meeting Minutes. Motion carried on a 3- Yes, I-Present (Knight) vote. BOND SALES - EHLERS AND ASSOCIATES Rusty Fifield, Ehlers & Associates, reported it was very valuable to have representatives from Standard and Poors visit Andover last week. Andover's credit rating is on the way up with an A rating. The City received strong points for a strong local economy and a very solid debt management program, plus excellent points for the financial management structure. The financial planning and practices the Council has enacted were very well received by the rating agency. He commended the Council on the enactment of financial guidelines and policies, which were the key to the rating upgrade. (Later in the evening the Council commended Mr. Dickinson for his part in implementing the financial guidelines and policies.) Mr. Fifield reviewed the bids received for the two bond issues, recommending acceptance of both bids: $2,445,000 Taxable G.O. Tax Increment Bonds, Series 2000A. Low bidder: Salomon Smith Bamey for a true interest rate of7.33187 percent. Four bids were received. Before the sale they had projected an 8.14 percent interest rate. $3,350,000 G.O. Permanent Improvement Revolving Fund Bonds, Series 2000B. Low bidder: A.G. Edwards & Sons, Inc., for a true interest rate of 4.6567 percent. Six bids were received. Before the sale they had projected a 5.09 percent interest rate. Motion by Jacobson, Seconded by Knight, the prepared Resolution on the Series 2000A bond in the amount of $2,445,000. (Resolution R191-00) Motion carried unanimously. Motion by Knight, Seconded by Orttel, approval of the G.O. Permanent Improvement Revolving Fund Bonds, Series 2000B, as presented. (Resolution R192-00) Motion carried unanimously. ...- Regular Andover City Council Meeting Minutes - September 5, 2000 Page 4 APPROVE ORDINANCE NO. 240/DISCHARGE OF BOWS AND FlREARMS/PERMIT PROCEDURES Mr. Carlberg noted the City Council amended Ordinance 240 - An Ordinance Regulating the Discharge of Firearms and Bows, at it's August 15, 2000, meeting. As directed, a City permit process was drafted to discharge firearms to shoot deer with shotguns (slugs) south of 161st Avenue provided the parcel of land is 40 acres or more with only the landowners and their immediate family able to shoot provided they are no closer than 1/4 mile from any urban development, park or institutional use. An individual seasonal permit issued no later than 30 days prior to the opening day of firearm deer season would be required by the City provided 50 percent or more of the adjacent landowners give written permission. If the Council wishes to charge a permit fee, Staff is recommending a $10 fee; however, it is anticipated there will be very few requests for the permit. The Council discussed the last two paragraphs of Section 3, City Permit Required (Firearm Deer Season) as well as the philosophy of allowing any firearm hunting south of 161 st A venue. They also discussed the definition of "Immediate family", as some where concerned with the broad definition of "all persons related to the landowner by blood, marriage or adoption." The thought was the intent was not to go down to cousins, just to the landowner's spouse, children and their spouses and parents. Councilmember Orttel stated this year would be a test and that the matter would be reviewed again for next year. Given the restrictions, very few parcels will qualifY. Mr. Carlberg indicated the intent would be to have each individual person who will be hunting on the parcel apply for the City's permit. A copy of the ordinance will be given with the application so they understand the requirements. The City will monitor how many permits are given. Ma¡y? .3200 154th Lane - stated her husband works for Ed Fields and Sons and hunts on their property. She disputed two statements made at the August 15 meeting. One was that over 100 people in orange can be seen hunting on the Ed Fields and Sons property at one time. In reality, there are only six to eight that hunt, and no one in the family hunts. Her husband has permission to hunt on that land. They do have problems with goose hunters who do not have permission there. When seen, those hunters are kicked out. The supervisor at Ed Fields and Sons has said her husband is welcome to hunt on their property, and the proposed ordinance doesn't seem fair that he would not be allowed to hunt there. When he does hunt, there has never been an accident and they do not go near the homes. She agreed with the permit from the City but hoped that for landowners like Ed Fields and Sons, that employees would be allowed to hunt as well. Winslow Holasek - noted as written, the only place one can hunt on that 40 acres would be to shoot diagonally. A 40-acre parcel would have to be in the middle of 160 acres. Mr. Carlberg stated the applicant must have written permission of at least 50 percent of the people surrounding the parcel. Staff will deal with this on an individual basis. Motion by Jacobson, Seconded by Orttel, Ordinance 240A as presented with the following changes: Page 2, Section 3, third paragraph shouJd be rewritten to read as follows: "A request for such permit shall be accompanied by written permission from fifty (50%) percent or more of the adjacent ,- .-.- ~ - - I Regular Andover City Council Meeting Minutes - September 5, 2000 Page 5 (Ordinance No, 240/Discharge of Bows & Firearms/Permit Procedure, Continued) landowners." Delete the rest of the line. Next paragraph, delete the first line, "No permit shall be issued until the applicant has paid the fee as established by resolution." Also the definition of immediate family to be "the property owner, spouse, children and children's spouses and grandchildren and their spouses, and parents." Motion carried unanimously. DISCUSS DIRECTION OF COMMUNAL SEPTIC SYSTEMS Mr. Carlberg recalled the Council received a presentation on communal septic systems at the August 8, 2000, meeting. Merit Development has submitted a sketch plan utilizing the communal septic concept in a development on South Coon Creek Drive. The developer is waiting for direction from the City on how to proceed. Councilmember Knight had some concerns with what happens down the line of the third or fourth owner and someone doesn't want to take care of the system or contribute their share. CounciImember Jacobson felt the City should respond to the developer within a reasonable time. Councilmember Orttel felt more discussion is needed to consider the ramifications of allowing communal septic systems, where they should be allowed, how it could be allowed without negatively affecting density. If allowed in the rural area, the cost of development is reduced, density becomes an issue, and what will the City get in return? He was satisfied with the report on communal septic systems, but felt the Council, P & Z Commissioners and possibly those on the Comprehensive Plan Task Force should seriously look at the bigger issue for the City. If it is allowed, the City must be careful. Councilmember Orttel also felt the decision should not be rushed just because a developer has proposed it. Right now it is not allowed. Mr. Carlberg stated the Planning Commission is working on the PUD Ordinance, which ties in closely with this issue. He suggested ajoint meeting with the P & Z and the Comprehensive Plan Task Force to discuss both issues. After the Planning Commission hearing, he will come back to the next Council meeting to schedule the joint work session. The Council agreed. PROPOSED LEVY CERTIFICATION - TAXES PAYABLE 2001 Mr. Dickinson noted the budget remains the same as presented at the workshop on August 22. He asked the Council to approve the resolution of the preliminary levy to be submitted to the county. The preliminary levy may be reduced but cannot be increased. He reviewed the three goals that were used to develop the 2001 General Budget: 1) for the budget to be funded by a sustainable revenue source and to reduce the reliance on reserves to fund operations; 2) that increases in the operating budget be funded by new growth and a conservative inflationary 3-percent increase; and 3) to provide the needed public services to the residents in a fiscally responsible manner. Homes in the City should average a three percent increase in taxes as a result of this budget. The actual tax rate will decline from 22.48 in 2000 to 21.04 in 200 I. ,~ ,_.. - , , Regular Andover City Council Meeting Minutes - September 5, 2000 Page 6 (Proposed Levy Certification - Taxes Payable 2001, Continued) Motion by Jacobson, Seconded by Knight, the Resolution as presented. (Resolution R193-00 adopting the City of Andover 2001 proposed property tax levy to be certified to the county Auditor) Motion carried unanimously. SET TRUTH IN TAXATION HEARING DATE Motion by Orttel, Seconded by Jacobson, that the Council set November 30 at 7 o'clock, City Hall, for the Truth in Taxation Hearing; set Tuesday, December 19 for the continuation of that hearing if needed and to set December 19 for the official adoption date of the budget. Motion carried unanimously. RESULTS OF ADDITIONAL lNVESTlGATIONS/IP98-20/PEDESTRlAN UNDERPASS Mr. Erickson stated the City is eligible for two DNR trail grants of $50,000 each to assist in the construction of a pedestrian underpass for Bunker Lake Boulevard just east of the railroad tracks and another pedestrian underpass for Hanson Boulevard at the Andover Elementary School. The Council had requested additional information regarding the safety of underpasses in general and to see if additional funding was available from the school district and/or the Anoka County Parks Department. Before requesting additional funding from the other agencies, he asked the Council to comment on the results of their research on the safety of underpasses. Three cities which currently have underpasses were contacted, and none have experienced any serious crimes. An underpass at Bunker Lake Boulevard could be constructed before the road improvements are done. Councilmember Knight was still uncomfortable with the safety aspect of underpasses. Councilmember Jacobson stated there are still some safety concerns with underpasses in general, plus the grants would provide only $100,000 on projects that would cost about $600,000. The City would have to find almost half a million dollars, which is a lot of money for underpasses that people are concerned with safety. Councilmember Orttel asked what the option would be. Underpasses may be the only safe way to provide the crossings. He suggested the City pursue other funding sources such as the county and school district, as both crossings directly benefit those entities. He didn't think this should be written off yet. Mr. Erickson noted the City does not want to indicate to the DNR that it will accept the grants and then decide not to build the underpasses. That could jeopardize any possibility of receiving grants in the future. The preference would be to reject the grants shortly, if the Council feels the underpasses are not the way to go, so the DNR can redistribute those funds. There is some time, however, before that decision has to be made. ,- Regular Andover City Council Meeting Minutes - September 5, 2000 Page 7 (Results of Additional Investigation/IP98-20/Pedestrian Underpass, Continued) After further discussion on safety and funding sources, the Council suggested the Staff pursue additional funding sources and find out the county's future plans on the road improvement of Bunker Lake Boulevard at the railroad tracks. DISCUSS MATERIAVCOLOR CHANGES TO ANDOVER PET HEALTH & WELLNESS CLINIC Mr. Carlberg stated the Council is requested to give preliminary approval to the changes made regarding the materials and colors for the Andover Pet Health and Wellness Clinic at 2172 Commercial Boulevard NW. The shingles have already been placed on the building. Approval will also be sought ITom the EDA at their next meeting. He explained the materials and colors that were approved were submitted by the company's architect out of Colorado. That architectural firm is no longer working for the clinic. It has always been the intent of the clinic to use different materials that are available in Minnesota. Staff found out last Friday the change in the materials and colors were made without the necessary approvals, and they have been working with the clinic. He reviewed the new color scheme and proposed materials, which more closely matches the Andover Theater building. He showed a video of the project to date, personally feeling the new material and color blends in nicer with the surrounding area. The material is of more value than what was originally approved. Councilmember Jacobson did not have a problem with the new colors and materials but had some concern with allowing developers to deviate from what they originally agreed to. He did not want to set a precedent or be in the position of automatically saying yes to changes just because it is half done. Mr. Fursman was inclined to look at the degree of experience of the builder. In this case, this is probably the one and only building they will be doing. Typically people building in the Park are seasoned. He didn't anticipate this will be an issue in the future. Motion by Jacobson, Seconded by Knight, to agree with the color and material change as presented. Motion carried unanimously. SET SPECIAL JOINT MEETING WITH PARK AND RECREATION COMMISSION The Council agreed to meet with the Park and Recreation Commission on Thursday; October 19, 2000, at 7:00 p.m. SCHEDULE MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY The Council agreed to hold an EDA meeting on September 12, 8:01 p.m., at the City Hall. "-.- , Regular Andover City Council Meeting Minutes - September 5, 2000 Page 8 YOUTH FIRST APPOINTMENT Mr. Fursman stated from the two applicants, one board member and one alternate must be chosen, The alternate typically attends the meetings as well and can provide input but does not vote. He did not have a preference, feeling both candidates were very qualified. The Council also felt both have an incredible amount of commitment in their beliefs. Motion by Knight, Seconded by Orttel, to appoint Cindy Larsen as the board member for Youth First, and Bill Yaniero as an alternate. Motion carried unanimously. APPROVE CHANGE ORDER #3 (DEDUC1) and APPROVE FINAL PAYMENTIIP99- 21/SUNSHlNE PARK SHELTER Park and Recreation Commissioner Al Grabowski recalled on July 18 he brought his concerns and issues regarding the shelter at Sunshine Park to the Council. At that time, the contract deadlines of October 31,1999, May 7 and June 17 were not met. The contractor was then given a drop dead date of July 26, 2000. The project was finally completed on August 25. He felt the time delays were ridiculous. The electrical was unsafe and only recently passed inspection. The workmanship is shoddy. The appearance of the shelter is very nice, but there are things that may seem minor now but can become major down the line. He showed pictures of hardware that is already rusting. The quality of paint used is poor. A conduit was not covered per the specs. There is peeling and in some places the galvanizing underneath was never done. Another issue is the concrete patch work. A jackhammer was used to remove a portion that did not meet the specs, which caused the concrete to crack. He had pictures of 12- and 18-inch patches. The City is paying $100,000 for a shelter with all of these items. He did not feel the final payment should be given. His main concern is the aesthetics. Mr. Erickson showed a video of the shelter. The structure itself is of good quality. He reviewed this with Dave Almgren, the Building Official, and Frank Stone, Public Works Superintendent. They are all comfortable with the project and are recommending final payment. It is not unusual to make fmal payment when some minor items still need to be done. Essentially, the contractor has complied with the contract. There were some agreements and adjustments made because of the questions in the specs. Staff is comfortable the contractor met the intent of the specs. Staff feels the defects and flaws are acceptable and minimal on a project of this size. He did not think it merited seeking liquidated damages, as the City would have to prove a loss of income of the building. The shelter was being used the last few months. The City has a one-year warranty that can be used to replace any rusted hardware, etc. Staff feels he has complied with the contract. In discussion with the Council and Commissioner Grabowski, Mr. Erickson agreed the patch looks like a patch. Is it to the extent that there should be a deduct or the contractor should replace a section of the slab? Three of them working in the industry feel it would be difficult to make that claim against the contractor. Regular Andover City Council Meeting Minutes - September 5, 2000 Page 9 (Change Order and Final Payment/IP99-2I/Sunshine Park Shelter, Continued) Council discussion acknowledged the concrete patches do not look good but didn't know how to compensate for that. Seeking liquidated damages is not reasonable. There was some discussion on the concrete patch. Attorney Hawkins stated three Staff members in the construction trade are saying it is acceptable. He felt it would be difficult to get money from the contractor if the Staff feels it is acceptable. Motion by Jacobson, Seconded by Knight, to approve Items 12 and 13, premised on the fact that the City has a $100,000 warranty bond for one year. (Resolution R194-00 approving Change Order #3 (Deduct) and Resolution R195-00 approving final payment/IP99-21/Sunshine Park Shelter) DISCUSSION: Councilmember Orttel stated apparently the concrete patch is acceptable in commercial projects, but Commissioner Grabowski finds it unacceptable. He doesn't like it, but he agreed with the Attorney's comments. Commissioner Grabowski stated he has had 20 people look at it, and they do not agree with the Staff. Mr. Erickson stated they are not happy with it either; but from a practical standpoint, a repair would probably mean a repair in the whole sidewalk. There are patches in commercial applications. Motion carried unanimously. DISCUSS ADMINISTRATOR STATUS Mr. Fursman stated he has been in the process of interviewing with the City of Maplewood for the City Manager's position. While he does not yet have a contract, he has been offered the position. He wanted to give the Council as much advance notice as possible to discuss what steps to take immediately, in the interim and to select a new administrator. An option may be to hire an external firm, or the Council may do it on its own. Another idea is to set it up so the new Council will have an opportunity for input. He felt there will be few problems in running the City because of the Staff in place. The Department heads are very capable of carrying on their responsibilities. The Council discussed the advantages and disadvantages of hiring a firm to do the interviewing. They questioned what an outside firm would do for the City and how much it would cost. It was felt that one of the current Department heads would be qualified to serve as Administrator in the interim. It will likely take 60 to 90 days before the position is filled, which means the advertising process can begin soon, with interviews to take place shortly after the election to be able to include the newly elected Councilmembers. A realistic time frame may be to make a selection by December 1 for the position to be filled by the first of the year. The Council asked that those Department heads who may be interested in the interim administrative position let the Council know. They asked Mr. Fursman to contact some hiring firms to get proposals, what they would do for the City, costs and time frames. The Council also asked that the job description for City Administrator be provided them for their review. The Council also agreed to meet on September 19 at 6 0' clock to discuss this issue further. ,- "--- . Regular Andover City Council Meeting Minutes - September 5, 2000 Page 10 MAYOR/COUNCIL INPUT Update on moratorium/multiple housing- Mr. Carlberg stated Staff has been working with the Metropolitan Council, though little has been accomplished on the City's Comprehensive Plan. He felt the Comprehensive Plan should be in place before lifting the moratorium. Letter on "For Sale" vehicles in boulevards - Councilmember Jacobson noted a letter complaining about the For Sale vehicles in the boulevards. Mr. Carlberg stated the Deputies have been issuing warnings if the vehicles are in the boulevards. They cannot do so if the vehicles are on private property. There was a problem with For Sale vehicles at the Downtown Center, and Staff has been working with them to stop it. The complaints Staffis seeing are on the number of vehicles on the corners over weekends. The Sheriff's Department has been contacted to tag those in the boulevards. APPROVAL OF CLAIMS Motion by Knight, Seconded by Ortte!, to approve Claims. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9: 17 p.m. Respectfully submitted, WL~h~L Recording Secretary ...- .