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HomeMy WebLinkAboutCC January 20, 2004 C I T Y o F ~ NDOVE ct -3-cA- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755·8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, January 20, 2004 Executive Session - 6:15 p.m. - Woodland Litigation Update - Administration Call to Order - 7:00 p.m. Pledge of Allegiance Plaque Presentation/Acknowledge Service Resident Forum Agenda Approval 1. Approval of Minutes (1/6/04 Special; 1/6/04 Regular; 1/7/04 Special) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Bond Payments - Finance 4. Order Plans & Specs/04-3/2004 Crack Sealing/2004 CIP - Engineering 5. Order Feasibility Reportl04-2/2004 Overlays - Engineering 6. Approve Change Order #1/02-49/Woodland Estates 4th Addition - Engineering 7. Approve Change Order #2 (Compensating)/02-49/Woodland Estates 4th Addition - Engineering 8. Approve Change Order #3/99-15/Water Treatment Plant - Engineering 9. Approve Re-cIassification of Utilities Maintenance Supervisor Position -Administration 10. Approve Raffle Permit/ Anoka Area Chamber of Commerce - Clerk II. Order & Approve Plans & Specs/Order Advertisement for Bids/02-46/Fire Station #3 - Fire 12. Receive 2003-2007 CIP Project Completion and Status Report - Administration Discussion Items 13. Receive Anoka County Sheriff s Department Monthly Report - Sherif.! 14. Acknowledge Donations for Prairie Knoll Park - Finance/Engineering 15. Discuss Anoka School District II Temporary Classrooms - Planning 16. Consider Adopting CRT Waste Resolution -Public Works 17. Consider Variances for Properties on Round Lake Blvd. - Planning 18. Discuss Ball Field Usage by Softball & Baseball Associations - Engineering. 19. Authorize Selection of Consultant/Order Plans & Specs/04-5/Sunshine Park Ball Field Lighting Improvements - Engineering 20. Consider Rezoning/R-4 to M-I/NE Comer 141" Lane/Crosstown Boulevard - Planning 21. Consider Conditional Use Permit/Planned Unit Development/NE Comer 141" Lane/Crosstown Boulevard - Planning 22. Consider Preliminary Plat/Crosstown Meadows/ NE Comer 141" Lane/Crosstown Boulevard - Planning 23. Consider Final Plat/Crosstown Meadows/ NE Comer 141" Lane/Crosstown Boulevard - Planning Staff Item 24. Accept Final Customer Service Report for 2003 - Administration 25. Schedule EDA Board Meeting - Administration Mayor/Council Input Adjournment Regular Andover City Council Meeting Minutes - January 20, 2004 Page 16 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 20,2004 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE "....................,..........................................................,...................1 PLAQUE PRESENTIATlON/ACKNOWLEDGE SERVICE .................,.................................1 RESIDENT FORUM......................................................,...........................................................1 AGENDA APPROV AL ....."..,....................,..............................................................................1 APPROVAL OF MINUTES..........................,............................................................................2 CONSENT ITEMS Approve Payment of Claims ......................".....................,........................,..........................2 Approve Bond Payments ,..,.......................................,................,.........................................2 Resolution R014-04 ordering Plans & Specs/04-3/2004 Crack Sealing/2004 CIP ..............2 Resolution ROI5-04 ordering Feasibility Report/04-2I2004 Overlays ................................2 Resolution RO 16-04 approving Change Order # 1/02-49/W oodland Estates 4th Addition....2 Resolution RO 1 7-04 approving Change Order #2 (Compensating)/02-49/Woodland Estates 4th Addition.............................. .................... .................... ........................... .........2 Resolution ROI8-04 approving Change Order #3/99-15/Water Treatment Plant ................2 Approve Re-Classification of Utilities Maintenance Supervisor Position ...........................2 Approve Raffie PermitlAnoka Area Chamber of Commerce...............................................2 Resolution ROI9-04 ordering and Approve Plans & Specs/Order Advertisement for Bids/ 02-46/Fire Station #3 ............... ..... ...... .............. ......... ........... ............................ .... ,.... ......2 Receive 2003-2007 CIP Project Completion and Status Report ..........................................2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ..........................................................................................................................,.....2 ACKNOWLEDGE DONATIONS FOR PRAllUE KNOLL PARK Motion to Accept Donations and Authorize money..............................................................3 DISCUSS ANOKA SCHOOL DISTRICT 11 TEMPORARY CLASSROOMS ......................4 CONSIDER ADOPTING CRT WASTE RESOLlfTION Motion to Support (Resolution R020-04)..............................................................................5 CONSIDER VARIANCES FOR PROPERTIES ON ROUND LAKE BOULEVARD Motion to grant (Resolution R02I-04) ..................................................................................6 DISCUSS BALL FIELD USAGE BY SOFTBALL & BASEBALL ASSOCIATIONS ...........7 AUTHORIZE SELECTION OF CONSULTANT/ORDER PLANS & SPECS/04-5/ SUNSHINE PARK BALL FIELD LIGHTING Motion to authorize (Resolution R022-04)...........................,................................................9 CONSIDER REZONINGIR-4 TO M-IINE CORNER 141 ST LANE/CROSSTOWN BOULEVARD Motion to approve (Ord, No. 281).........................................................................................10 CONSIDER CONDITIONAL USE PERMITIPLANNED UNIT DEVELOPMENTINE CORNER 141 ST LANE/CROSSTOWN BOULEVARD Motion to approve (Resolution R023-04)...................................................................,..........12 CONSIDER PRELIMINARY PLAT/CROSSTOWN MEADOWSINE CORNER 141 ST LANE/ CROSSTOWN BOULEVARD Motion to approve (Resolution R024-04)..........................................................................,...I2 Regular Andover City Council Meeting Minutes - January 20, 2004 Page 17 Regular Andover City Council Meeting Minutes - January 20, 2004 Table of Contents Page ii CONSIDER FINAL PLAT/CROSSTOWN MEADOWSINE CORNER 141 ST LANE! CROSSTOWN BOULEVARD Motion to adopt {Resolution R025-04).....................................................................,............13 ACCEPT FINAL CUSTOMER SERVICE REPORT FOR 2003..............................................13 SCHEDULE EDA BOARD MEETING .....................................,..............................................13 GREY OAKS HOUSING REPORT ..........................................................................................13 MAYOR/COUNCIL INPUT City Council Meetings .........,.............................................................................,...................14 Civic Center Lease Agreement Discussion............................................................................I4 ADJOURNMENT ...................,......................,...........................................................................15 C I T y o F .- NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755·8923 . WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 20, 2004 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 20,2004, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken OrtteI, Julie Trude CO\lIlcilmember absent: None Also present: City Attorney, William Hawkins City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE PLAQUE PRESENT A TlON/ACKNOWLDGE SERVICE Mayor Gamache explained the plaque presentation is for Park and Recreation Commissioner Dorrie Peterson for her years on the Park Commission. She was not able to attend the meeting, but he wanted to thank her for the last two years she served on the Commission. He thought she did a great job, had some good ideas, and showed a real dedication to the parks in their city. They will miss her. RESIDENT FORUM There was none. AGENDA APPROVAL Add Item 26, (Grey Oaks Housing Report) to Staff Items. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. Regular Andover City Council Meeting Minutes - January 20, 2004 Page 2 APPROVAL OF MINUTES January 6, 2004, Special Meeting: Correct as written. January 6, 2004, Regular Meeting: Correct as amended. January 7, 2004, Regular Meeting: Correct as written Councilmember Trude noted on page 2 of the January 6, 2004 Regular Meeting, the last full paragraph, the sentence should read "It states on Hanson and at that point he was suggesting Crosstown needed it or '¡¡ere they only talkiRg abolit HansoR". CounciImember Jacobson stated on page 8 of the January 6, 2004 Regular Meeting, in the motion the word "f.eeess" should be "Excess". Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Bond Payments Item 4 Order Plans & Specs/04-3/2004 Crack Sealing/2004 CIP (See ResolutionROI4-04) Item 5 Order Feasibility Report/04-2/2004 Overlays (See Resolution ROI5-04) Item 6 Approve Change Order #1/02-49/Woodland Estates 4th Addition (See Resolution ROI6-04) Item 7 Approve Change Order #2 (Compensating)/02-49/Woodland Estates 4th Addition (See Resolution R017-04) Item 8 Approve Change Order #3/99-I5/Water Treatment Plant (See Resolution RO 18-04) Item 9 Approve Re-classification of Utilities Maintenance Supervisor Position Item 1 0 Approve Raffle Permit! Anoka Area Chamber of Commerce Item 11 Order & Approve Plans & Specs/Order Advertisement for Bids/02-46/Fire Station #3 (See Resolution ROI9-04) Item 12 Receive 2003-2007 CIP Project Completion and Status Report Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County Sheriff s Department, provided an update on law enforcement activities occurring in Andover. Councilmember Ortte1 stated when they see the year to date totals for a lot of the actual incidents, the Regular Andover City Council Meeting Minutes - January 20, 2004 Page 3 arrests are twenty-five to fifty percent up from the previous year. He asked if this is because they have more people out there or why are the numbers so high. Captain Jenkins stated that was pretty much the presumption. There are more people in Andover and more traffic going through the City that makes the numbers increase. Councilmember Orttel stated a lot of the items were up fifty percent and he wanted to make sure they do not get out of hand. Captain Jenkins explained they have a fairly aggressive staff out there. ACKNOWLEDGE DONATIONS FOR PRAIRIE KNOLL PARK City Finance Director Dickinson explained over the past summer and fall, volunteers from the Andover Football and North Metro Soccer Associations coordinated the construction of the Prairie Knoll storage building. The City Council is requested to acknowledge the donations made by a number of businesses and individuals to facilitate the construction of the building. Also, the Council is requested to complete the City's proposed contribution of the building of$50,000. Representatives from the Football Association and North Metro Soccer Association were at the meeting. Mr. Dickinson read a list of volunteers who contributed to the construction of the Prairie Knoll storage building. Mr. Dickinson stated he received a letter from Mr. Chuck Trom thanking the Football Association, Public Works and Engineering people who took a substantial amount of pride in this project and took ownership to assist in making this come to fruition. Mayor Gamache stated the number or organizations listed shows how when people come together and work hard, things come together and happen, Councilmember Jacobson suggested the City Council give a plaque that can be displayed on the outside of the building with all of the names of contributors and volunteers. Mr. Frank Stone stated they are getting quotes for a brass plaque like the one at Sunshine Park. Councilmember Trude stated she received an email from Mr. Trom and read it to the public. "Anyone who spent time out at the site when all of the workers were out there could see all of the efforts being made, not on1y from the volunteers but from Public Works. The guys from Public Works not on1y worked out there, they showed a lot of pride in what they were doing." Together, all of us built a building, a more than adequate building, for about a quarter of the cost of having someone else build it, The fields are getting done the same way. All of these people together, worked together and supported one another. I truly hope everyone can see how working together can get things accomplished in a very respectful way. Hopefully they have found a way and a resource to get future projects done in Andover. I would like to personally thank all of the people involved in this project, those that were named and unnamed." Regular Andover City Council Meeting Minutes - January 20. 2004 Page 4 Councilmember Knight suggested they also have a special section in the newsletter recognizing all of the volunteers because the public should be aware of all of the time and money that has gone into this. They should be appreciated. Motion by Orttel, Seconded by Trude, to accept the donations made to facilitate the Prairie Knoll Park Building and authorize the City Finance Director to issue a check in the amount of$50,OOO to the Andover Football Association to defray' cost of construction that could not be secured by volunteer labor or material donations. Councilmember Jacobson stated in the motion, they should make sure the Cityl¡;~It'fe' lien wavers and make sure everything is covered. Mr. Dickinson stated they are doing this and it is standard procedure. ClfmnRui o.i-3-0'--\- Councilmember Trude stated many of the people asked her to look at their lighting budget and she talked to Mr. Dickinson and Mr. Haas whether lights were in their budget for the build out of the park and she was told there is not money available for lights at this park. She stated there is the irrigation, a well and sodding that will continue to happen to bring the park to useable space this fall for soccer and football. The building will be available for bathrooms, concessions and storage. Mr. Dickinson stated this was correct. Motion carried unanimously. DISCUSS ANOKA SCHOOL DISTRICT 11 TEMPORARY CLASSROOMS Community Development Director Neumeister explained that during the last week of 2003, Staff representing various city departments met with Mr, Tom Durand, Anoka-Hennepin School District # II, to review their plans for a group oftemporary classrooms at the new High School. He was told that the structures are considered a pennitted use and would on1y be subject to normal building pennit and site plan review through the Building Department. The City Attorney has concurred with staff regarding this interpretation of the Zoning Code. Councilmember Jacobson stated at the last meeting he brought this up and his intention was not to go through this in detail. His on1y intention of bringing this up, in his opinion, was they should look at their Ordinances to reflect the fact that the City Council should be involved when temporary buildings go in. He stated the numbers of temporary structures going in around the City they say are temporary but some will last up to fifteen years. Rather than allowing them to happen, from a political basis, the Council needs to look at them if something will be lasting more than two or three years. They need some change in the Ordinance that will allow them to make sure they do not turn into a bunch of junk in time. Councilmember Trude thought that since Mr. Durand is here and they have the information, it is an opportunity for the public at home to hear about this. Councilmember Trude concurred with his comments. She stated this is an issue they could face in the future with growth in the rural reserve if Regular Andover City Council Meeting Minutes - January 20, 2004 Page 5 it develops. Mayor Gamache asked if Councilmember Jacobson would like to bring this to a future workshop. Councilmember Jacobson thought that staff and the Planning Commission could look at amending the Ordinance so that if the temporary structure would have more than a two-year period for example, it would have to go through some sort of a process for review. Councilmember Orttel stated he would rather look at this in a workshop. Councilmember Jacobson stated that his fear is the temporaries will become permanent. He does not mind helping out an organization for a few years until they get their building program up and running. Mayor Gamache suggested they look at this at the February workshop. Mr. Durand, presented plans and demographic information to the City Council. Councilmember Trude stated one thing that has helped is an explanation why they need temporary classrooms already at the new high school because she has already had phone calls from residents regarding this. Councilmember Trude stated one issue with temporary classrooms is with the elements in Minnesota they need to plan the ramps better because some have become slippery in inclement weather. Mr. Durand stated in the past they have had temporaries attached but they have had some problems and there is a higher expense involved. He stated it is not something they are planning to do. Mayor Gamache stated that as Mr. Durand laid out the two choices, he appreciated the fact that they do not have any plans to change the attendance area in the near future. Mr. Durand stated they try to keep the high school attendance area stable. CONSIDER ADOPTING CRT WASTE RESOLUTION Recycling Coordinator Cindy DeRuyter stated most TV s and computer monitors contain cathode ray tubes (CRTs) that can contain between 2 and 8 pounds ofIead. CRTs are considered the largest single source of lead in Minnesota's garbage. The Solid Waster Management Coordinating Board (SWMCB) plans to sponsor legislation in 2004 that incorporates end-of-life issues ofCRTs. Councilmember Trude stated that if they passed the resolution of support, it would help them lobby their State Legislators this next session to pass the resolution so places where a consumer would buy a computer monitor and TV's would take them back when they sell the consumer a new one. Ms. DeRuyter stated that is what other states are trying to do. Councilmember Jacobson stated in the resolution it says there is a preference for advance recycling fees. He asked where would the money go. Ms. DeRuyter stated she did not know. Councilmember Jacobson asked if this were to go into effect, would the City accept the item without Regular Andover City Council Meeting Minutes - January 20, 2004 Page 6 a fee. Ms. DeRuyter stated it would be her intent but it would be however they would put it together. Councilmember Jacobson noted the CRT they have in front of them totally misses the Plasma, the LCD panels and the projectors, which probably have as much if not more than the CRT's and he would suggest if they pass a resolution, they include these also. Motion by Knight, Seconded by Trude, to support the Citizen Action Form and forward it to Commissioner Jim Kordiak and to include in the Resolution, CRT's, Plasma TV's, LCD (all Television Receivers and Monitors). Motion carried unanimously. (Resolution R020-04) CONSIDER VARIANCES FOR PROPERTIES ON ROUND LAKE BOULEVARD Community Development Director Neumeister explained the Council recently asked staff to investigate the feasibility of graoting a blaoket variance to all the properties along Round Lake Boulevard whose lots were made nonconforming by the expansion work on the road. Mr. Neumeister stated seventeen properties were identified that have a setback of less than the required 40 feet. 16 of the 17 had non-conforming setbacks before the construction on Round Lake Boulevard began. The construction project, however, exacerbated the problem and decreased their setbacks even more. Of the seventeen properties, eight had a setback of greater than 24 feet from the new right-of-way and would receive a favorable recommendation for a variance. Of the eight properties, two have already applied for and been graoted variances for their non-conforming setbacks. Mr. Neumeister explained the blanket variance would include the remaining six properties. The levels of non-conformity vary, but all have a setback of at least 24 feet from the County Highway. The dimensional variances will range from five to sixteen feet. Mr. Neumeister noted the balance of the properties will be brought forward once the County has settled their payments to the property owners. At a neighborhood meeting over one year ago, the property owners indicated they did not want the City to pursue approval of variances on their property until the County had settled with them. Mr. Neumeister stated the resident at 14311 Round Lake Boulevard would like to be removed from the list because they have not settled with the County yet. Mr. Curtis Trish' s father, 14267 Round Lake Boulevard, explained that twenty-four feet or whatever the setback is would not be adequate and is a real danger factor. He stated his son would rather have the County take the property because it is not going to be safe. Councilmember Trude asked if there was concern that they not move with all of these and asked if Mr. Trish is negotiating with the County. Mr. Trish's father stated his son signed an agreement with the County to sell them the right-of-way part but he never realized how close they were going to Regular Andover City Council Meeting Minutes - January 20, 2004 Page 7 come to his house. His son has not settled with the County and he has not been paid yet. Councilmember Orttel stated what they are doing is accommodating the public and he does not think this affects the County because they are going to pay based on the land they took and based on their inconvenience and the danger to the property. Mr. Neumeister stated they met with Mr. Mike Kelly, right-of-way agent for Anoka County, and he stated the names on the list were settled and he was given the dollar amounts and addresses. He stated the last he heard the County was moving ahead and they paid the residents and there were not any disputes. Councilmember Orttel asked when they had the initial hearing for the taking of the land. Mr. Trish's father stated it was probably over a year ago. Councilmember Orttel stated the County had to put the money in escrow on that date. He stated the money is probably in escrow. Mr. Trish's father stated they already talked to the County. Mr. Erar stated they will talk to Mr. Kelly again and if things have been settled this will come back to the City Council. Mr. Neumeister stated the reason these came forward was because they were the least non-conforming to what the ordinance requires. He stated there are other properties that have greater problems with setback and will probably come back to the City Council one at a time to look at. Motion by Knight, Seconded by Orttel, to grant a blanket variance to the 4 properties along Round Lake Boulevard, Motion carried unanimously. DISCUSS BALL FJELD USAGE BY SOFTBALL & BASEBALL ASSOCIATIONS City Engineer Berkowitz stated this item is in regard to a request by the Andover Athletic Association and the Andover Baseball Association to discuss with the City Council the field usage for 2004. Mr. Tom Berard, President of the Andover Athletic Association, Mr. Mike Nelson, Traveling Director of the Andover Baseball Association, Mr. Joe Dietz, President of the Andover Baseball Association, Mr. Kelly Goeth, Director of Girls Softball with Andover Athletic Association, addressed the City Council regarding the Softball and Baseball Fields at City Hall and also the lighting at the other fields. Mr. Berard discussed the time that would be lost. Councilmember Trude asked for clarification on hours lost on the fields because one of the fields at City Hall will be available for play during the construction of the Community Center. Mr. Berard stated he was told that field 3 would not be guaranteed to be available during construction because they might be parking things in that area and they might take field three for a while to put a road in over to Oakview for a possible traffic light. He stated that neither association is counting on field three being available during the construction period but if it is they will use it because they need it. Regular Andover City Council Meeting Minutes - January 20, 2004 Page 8 Mr. Dietz stated the loss at Prairie Knoll fields is included in the numbers. Mr. Kelly Goeth stated when they add up the numbers, just at City Hall they will lose thirty-two games a week just with girl's softball. With baseball, it is six to ten games a week. If they do not light Sunshine Park to compensate this, they will be turning away kids. The reason they are here is to show how important it is that Sunshine Park needs to be lit. Councilmember Trude stated that even if they get all of the lights in, it will still not be what they are expecting. Mr. Goeth stated with softball they do not even get practice in and baseball is limiting it to one night a week. Councilmember Jacobson asked if they are using the high school fields at all. Mr. Goeth stated they are using those in their numbers to make it work. It was noted there are some issues as to when the fields will be available to them due to the fact that the high school will be using them up to June first. Mr. Nelson stated when they look at associations, they see about a twenty percent growth in numbers in the last year. The numbers are up in all organizations and they have not taken into consideration an increase in their numbers. They will have to try to deal with that issue. There is basically a dire need to get the fields lit. It will help with the problem but it will not solve the problem. Councilmember Jacobson asked if they have contacted the churches in the area because some of them have fields that are not being used in the summer. Mr. Berard stated the problem with that is their program ends around the end of June. They start early and end early to give softball more fields toward the end of their season. Mayor Gamache asked if they are using all the fields in the school district. Mr. Berard stated they are trying to and they are working on those issues and trying to use the fields as much as they can. Mr. Dietz stated they have a list of all the fields in Andover and they are utilizing all of them. Councilmember Trude stated there are kids from other co=unities that play in Andover and she wondered if they were trying to tap out some of those. Mr. Dietz stated for baseball, with traveling, there are no outside of Andover kids that can play traveling and the first people they are turning away are the ones not from Andover. Mr. Berard stated they continue to play Andover vs. Andover in Anoka and Ramsey will continue to do that. They would like to limit that because the biggest dissatistying comment from Andover residents is when they have to drive to Ramsey to see two Andover teams play and the associations have to pay for use of the fields. Mayor Gamache asked how many fields they are currently using in Ramsey and Anoka. Mr. Berard stated they are using 4 in Ramsey and 3 in Anoka. CounciIrnember Knight asked if there were other fields besides the ones discussed the Associations would like to have lit. Mr. Berard stated the Eveland Fields would be nice and would fit well. Mr. Nelson stated Hidden Creek would be another one because the lights could be used for the soccer field behind and the park. Regular Andover City Council Meeting Minutes - January 20, 2004 Page 9 Mayor Gamache stated he appreciated the fact that they are working together on the schedule. He stated the WDE site, Andover Station North, will have at least three ball fields built there and possibly four. He stated the City has purchased land west of the water treatment plant and have secured the fIrst right of refusal on the rest of the parcel so in the future they have that, which would make a nice area for another park. Mr. Dickinson stated with the redesign and the potential sale to Target on Andover Station south, this creates some additional land, which will be for sale and creates additional park dedication proceeds. Councilmember Trude stated in looking at their park dedication fund, they do not have $280,000 and $120,000 for two of the lights comes ftom the Community Center budget, not from the park dedication budget. Mr. Dickinson stated this was correct. Councilmember Knight asked if they could bond for the lights. Mr. Dickinson stated he did not know but would research it. Mr. Berkowitz stated the $279,000 is for lighting the four large ball fields at Sunshine Park- There will be an additional $55,000 to try to remove the light poles from the existing ball fields on the City Hall campus over to fields nine and ten. Councilmember Trude stated one of the guys who worked on Prairie Knoll asked her if he could come with his own equipment to move the poles from one site to the other. She wondered if this was something they could discuss because it would save some money. Mr. Berkowitz stated they could meet with the electrical engineer about this but the $55,000 is for electrical work. AUTHORIZE SELECTION OF CONSULTANT/ORDER PLANS & SPECS/04-5/SUNSHINE PARK BALL FJELD LIGHTING IMPROVEMENTS City Engineer Berkowitz stated this item is in regard to authorizing the selection of a consultant and ordering plans and specifications for Project 04-5, Sunshine Park Ball Field Lighting. Councilmember Knight asked if there was anyway they could do this without paying the cost of a consultant. Mr. Berkowitz stated a registered electrical engineer should put together the plans because they do not have anyone on staff to do this. He felt strongly that they need to meet with an electrical engineer to put the plans together, Motion by Orttel, Seconded by Jacobson, to authorize the consultant and approve the resolution ordering plans and specifications for Project 04-5, Sunshine Park Complex Lighting including the parking lot. Mr. Berkowitz stated they could also have a study done on the two other fIelds, which would be an additional cost. Councilmember Trude stated they should also look at lighting the parking lot because right now it is pretty unsafe to not have it lit. Mr. Erar stated he suggested they take a look Regular Andover City Council Meeting Minutes - January 20, 2004 Page 10 at the whole thing because it makes sense to light the parking lot. Mr. Dickinson stated lighting the parking lot is another issue and similar to commercial which would have local providers install the lighting. Mr. Erar stated they would look towards getting donations also. Motion carried unanimously. (Resolution R022-04) Councilmember Knight asked if the City staff could look at the possibility of bonding for the lighting. Mr. Dickinson stated they will research this. . CONSIDER REZONING/R-4 TO M-lINE CORNER 14lsT LANE/CROSSTOWN BOULEVARD Community Development Director Neumeister explained the Council is asked to review the proposed rezoning to allow the Crosstown Meadows project containing attached townhouses to move forward. Mr. Neumeister stated the proposed rezoning is to a district that allows attached housing. Previous developments with single family detached housing on smaller lots such as Bunker Lake Village and the Woodland Creek Golf Villas did not require a rezoning from the R-4 District. Previous attached housing developments that are similar to the current proposal such as Nature's Run and the Townhomes of Woodland Creek did require rezoning from R-4 to M-l. The proposed rezoning does not affect the density that is allowed on the site because the land use designation will remain Urban Residential Low Density (URL), which allows a maximurn of four units per acre with planned unit development review. Mr. Neumeister stated he had an additional condition he wanted added to the Resolution; "A rezoning contract is required to rezone from R-4 to M-I to ensure the proposed development will be constructed as it is presented in the planned unit development for this property." Councilmember Jacobson stated on the plan it shows a sidewalk on the south side of the plat, but it also shows a sidewalk on the north end that was not on the drawings initially and he wondered if the north end sidewalk new. Mr. Neumeister stated it is his understanding that it was a requirement of the city. Councilmember Jacobson stated the one on the south was required and was shown on the plat. Mr. Berkowitz stated this was a request from staff to show the sidewalk connection towards Crosstown Boulevard on both 14151 Lane and I42nd A venue to tie into a future trail that would be constructed. Councilmember Orttel asked if this is a trail or sidewalk. Mr. Berkowitz stated it is a sidewalk. Councilmember Trude thought this was a good idea. Councilmember Jacobson stated if it shows up on the color rendering, it should show up on the drawings. Councilmember Jacobson stated when they approved the new church, the Anoka County Highway Department suggested a number of road improvements. Because of that and because Regular Andover City Council Meeting Minutes - January 20, 2004 Page 11 the church was so far away, they asked the church to put a couple of hundred dollars down for striping of this particular intersection if this was required. He wondered if the County has come back with any comments on anything for this development and should they suggest the developer escrow money for striping if it is required by the County. Councilmember Ortte1 thought the County reviewed this. Mr. Neumeister stated the County has not responded yet on this item. Discussion ensued in regard to County roadway issues. Mr. Bruce Carlson, Kodiak Homes, stated when he originally went to the County with this, it took them three months to review it and at that time they told him not worry about anything on the corners and that they would take care of everything. Councilmember Orttel stated this particular site was zoned commercial in the middle of a residential neighborhood and a study suggested this site should not be commercial. He thought this was a better choice to go from commercial to eight townhomes. Motion by Knight, seconded by Trude, to approve the rezoning request based on the fact that times and conditions have changed with the additional condition stated above. Ms. Becky Joyner, 14194 Quinn Street, stated she was informed by her neighbor the other day that Mr. Jerry Windschitl has plotted out lots and a road and is planning on developing and curving the road around into a loop where the two dead ends are located. Mr. Berkowitz stated there is a ghost plat the connects I42hd Lane and 142 Avenue and what happened in that case, through Oak Wilt treatment, the landowner cleared the trees out but he has not approached them for this project. Ms. Joyner stated she was happy with the plan for the most part except for the end unit being so close to the curve and if Mr. Windschitl builds out there, they will have a big loop and kids will have a racetrack. She stated the on1y outlet for those homes is 1 42hd Lane. Motion carried unanimously, (Ord. No. 281) CONSIDER CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENTINE CORNER 14IsT LANElCROSSTOWN BOULEVARD Community Development Director Neumeister stated this application continues the review process started with the Crosstown Meadows Sketch Plan. The development consists of 16 attached townhouse units on approximately four acres. Approval of the Conditional Use Permit will allow the development to be constructed according to alternative standards that are designed to maximize the quaJity of the development. Motion by Jacobson, seconded by Orttel, to approve the proposed Conditional Use Permit subject to the conditions in the attached resolution inserting the date of January 15,2004. Regular Andover City Council Meeting Minutes - January 20, 2004 Page 12 Motion carried unanimously. (Resolution R023-04) CONSIDER PRELIMINARY PLAT/CROSSTOWN MEADOWS/NE CORNER 14IsT LANE/CROSSTOWN BOULEVARD Community Development Director Neumeister stated the Council is asked to review a preliminary plat for the subject property. Councilmember Trude stated as construction begins if there are any issues, the building department handles those. Councilmember Orttel asked if the preliminary plat is the actual contract in a contract rezoning or is that a separate document. City Attorney Hawkins stated there is a separate contract, however he does not know in this one if they have a development contract so they may need to put the language in there. Mr. Neumeister 5tated they could do that but they have done this in other rezonings where the wording he suggested was requiring the zoning contract be put together but it can be tied back to the development contract also. Councilmember Orttel stated if there is an official document in addition to one of these items, it has to be attached somewhere. Councilmember Trude asked if they should add some contingency as suggested. Motion by Jacobson, seconded by Trude, to approve the proposed preliminary plat subject to the conditions of the attached resolution inserting January 15, 2004 for a date and such plat approval is contingent upon a development agreement and a zoning contract. Motion carried unanimously. (Resolution R024-04) CONSIDER FINAL PLAT/CROSSTOWN MEADOWS/NE CORNER 14IsT LANE/CROSSTOWN BOULEVARD Community Development Director Neumeister explained the fmal plat is found to be substantially in conformance with the preliminary plat and applicable ordinances. The attached resolution itemizes the remaining steps before the final plat can be released to be recorded at Anoka County. Motion by Orttel, seconded by Knight, to adopt the attached resolution approving the fmal plat. Motion carried unanimously. (Resolution R025-04) ACCEPT FINAL CUSTOMER SERVICE REPORT FOR Z003 City Administrator Erar explained as part of the City of Andover's commitment to excellence, the City of Andover implemented a Customer Service Program. Due to budget cuts, this Regular Andover City Council Meeting Minutes - January 20, 2004 Page 13 program has been put on hold until future funding becomes available. Mr. Erar discussed the report with the City Council. Mayor Gamache stated these types of programs are important because the residents are the city's customers. SCHEDULE EDA BOARD MEETING Motion by Jacobson, seconded by Trude, to schedule a special EDA Board meeting on Tuesday, February 3, 2004 at 6:00 p.m. Motion carried unanimously. GREY OAKS HOUSING REPORT Community Development Director Neumeister stated at the time "Grey Oaks" housing development was approved, there were stipulations that the Declaration of Covenants, Conditions and Restrictions should include age restrictions that require the developer to comply with Minnesota Statutes 363.02 subd. 2 (2)(b) and Federal Fair Housing Act Amendments 42 U.S.C.A 3607 (b)(2). Mr. Neumeister stated upon a phone call to Mr. Jerry Windschitl (Chesterton Partnership), the staff obtained the following information in this regard. The Chesterton Partnership has sold three units in the first thirty-unit condominium building and one unit has a written purchase agreement. All condominium units that have been sold have been to people over the age of 55. Currently, the developers are actively pursuing selling the remaining condominium units that are completed and are in the process of constructing the second thirty-unit building. Councilmember Jacobson thought the staff should keep track of this and update the Council every four months. MAYOR/COUNCIL INPUT (City Council Meetings) - Councilmember Trude stated she was reviewing all the meetings they have next week and she thought they should call the Wednesday meeting an official meeting. Motion by Trude, seconded by Jacobson, to have a meeting of the City Council as part of the Anoka County Elected Officials Meeting. Motion carried unanimously. Councilmember Knight stated he would like to have them be filled in on the topics that will be discussed. Mayor Gamache explained what they were going to be discussing at the meeting. Regular Andover City Council Meeting Minutes - January 20, 2004 Page 14 Councilmember Jacobson thought they could also discuss the intersection improvements in Andover with a few of the County Commissioners. Mayor Gamache stated they have a pretty busy agenda and may not have time for that. Councilmember Trude stated the next night they have the North Metro Chamber meeting and this should also be an official meeting. She discussed what would be discussed at this meeting. (Civic Center Lease Agreement) - Councilmember Jacobson stated he is concerned with the Civic Center Lease Agreement. When he brought this up before the comment was made that the lease agreement is quite long and has just been started. If they cannot have a lease agreement ready and signed by both parties by the time they have to actually order material and start spending hundreds of thousands of dollars and committing to that amount, is there another document that can be prepared in case something were to happen they would equally share in the cost up to that point. He is concerned that if something should happen, the City of Andover is taking all of the risks and he wondered if there is something else they have that both sides can sign. Mr. Erar stated at the last meeting they had with the YMCA, there was some direction he should pursue whether or not the YMCA would be willing to sign some kind of pre-commitment. He has raised that issue with them and both Mr. Tom LaSalle and Mr. Bill Brusman indicated that they would not be willing to commit the YMCA to any type oflegal commitment. They would sign a letter indicating it was the YMCA's commitment to move forward with the project and participate with a long-term lease, but it would not be a legally binding document. City Attorney Hawkins stated the on1y document they have right now is the MOD and it is clearly not a legally binding document. He stated they have been working on the lease agreement diligently. Councilmember Jacobson asked what the latest date is they can order the stuff. Mr. Erar stated they may end up splitting the bid packages into two. He explained there are two bid packages right now, the pre-cast and the steel. That is moving forward with award of that on Thursday. Bid package two was the rest of the building, the site and the building and everything included in there. Mr. Erar continued to explain the upcoming process regarding the bids. Councilmember Knight asked if the division was varied from fifty-fifty. Mr. Erar stated the division right now is around 51 and 49 and very close to where they were before. Councilmember Jacobson asked if the YMCA is going to stick with two slides or are they going to go with one slide. Mr. Erar stated he thought they were going to stick with two slides. Mr. Dickinson stated that was his understanding also. Discussion continued in regard to the Community Center concession revenue sharing allocation and cost to relocate lights for ball fields. Motion by Trude, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 9:25 p.m. . Regular Andover City Council Meeting Minutes - January 20, 2004 Page 15 Respectfully submitted, Susan Osbeck, Recording Secretary