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HomeMy WebLinkAboutCC January 16, 1996 CITY of ANDOVER Regular City Council Meeting - January 16, 1996 Call To Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Met Council Representatives 2. EAW/Shadowbrook 3. Discuss Results/95-23/Woodland Terrace Traffic Study 4. Review & Adopt 1996 Risk Management Budget 5. Review & Adopt 1996 Debt Service Budget 6. Review of EDA/TIF Fund Report 7. Discussion/planned unit Developments Staff, Committees, Commissions 8. Review RFP for Construction Management 9. Clarification of Section 10.5 of Union Contract 10. WDE/Building Code Language II. Externalities Timetable 12. Schedule Board of Review Non-Discussion/Consent Items 13. Approve Final Payment/95-25/1529 - 148th Lane N.W. 14. Adopt Assessment Roll/Waive Hearing/94-7/Sharon's 2nd Addn. 15. Approve Final Plat/Nightingale Ridge 16. Approve Change Order #4/Compensating/94-22/Crown pointe East 17. Approve Final payment/94-22/Crown pointe East 18. Approve Hiring of Consulting Firm to Perform the Comprehensive Water plan Update/95-15 19. Variance/916-140th Lane N.W. Mayor-Council Input Payment of Claims Adjournment ... REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 16, 1996 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R005-96 reviewing and adopting 1996 Risk Management Budget · · · · · · · · · · · · · · · · · · 1 Resolution R006-96 reviewing and adopting 1996 Debt Service Budget · · · · · · · · · · · · · · · · · · 1 Approve final payment/IP95-26/1529 148th Lane NW · · · · 1 Resolution R007-96 adopting assessment roll/waiving hearing/ IP94-7/Sharon's 2nd Addition · · · · · · · · · · 1 Resolution R008-96 approving final plat/Nightingale Ridge · · 1 Resolution R009-96 approving change order #4/Compensating/ IP94-22/Crown Pointe East · · · · · · · · · · · · 1 Resolution R101-96 approving final payment/IP94-22/Crown pointe East · · · · · · · · · · · · · · · · 1 Resolution ROII-96 approving variance/916 140th Lane NW · · 1 APPROVAL OF MINUTES · · · · · · 1 METROPOLITAN COUNCIL REPRESENTATIVES · · · · · · · · · 2 EAW/SHADOWBROOK · · · · · · · · · · · · · 3 Resolution R012-96 a negative finding for an EIS · · 4 DISCUSS RESULTS/IP95-23/WOODLAND TERRACE TRAFFIC STUDY · · · · 4 REVIEW OF EDA/TIF FUND REPORT Motion to include with material for January 29 special meeting 6 DISCUSSION/PLANNED UNIT DEVELOPMENTS · · · · · · · · · 6 ADULT USE ORDINANCE · · · · · · · · · · · 7 Motion to forward to P & Z for revisions · · · · · · · 8 HIRING OF CONSULTING FIRM TO PERFORM THE COMPREHENSIVE WATER PLAN UPDATE/IP95-15 · · · · · · · · · · · · · · 8 Motion to contract with Maier Stewart and Associates · · 9 RFP FOR CONSTRUCTION MANAGEMENT Motion to approve · · · · · · · · · · · · 9 CLARIFICATION OF SECTION 10.5 OF UNION CONTRACT Motion to approve · · · · · · · · · · · · · · · 10 WDE/BUILDING CODE LANGUAGE Motion to amend Ordinance No. 19N · · · · · · · · 10 EXTERNALITIES TIMETABLE Motion to approve Mission Statement · · · · · · · 10 SCHEDULE BOARD OF REVIEW Motion to set Thursday, April 11, 1996, for Board of Review · 11 CIGARETTE & NON-INTOXICATING LIQUOR LICENSE/OASIS MARKET Motion to approve · · · · · · · · · · · · 11 MAYOR/COUNCIL INPUT Cellular phone antennas · · · · · · · · · · · 11 Snowmobile registrations · · · · · · · · .. · · · 11 Background checks for volunteers · · · · · · · 11 APPROVAL OF CLAIMS · · · · · · · · · · · · · 11 ADJOURNMENT . . . · · · · · · · · · · · · · · 11 - -- - - ~ -- -.-.- - A ppY"O\led ~lltlC¡~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - JANUARY 16, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on January 16, 1996, 7:04 p.m. , at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, Knight Councilmembers absent: Dehn, Kunza Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Add Item 7a, Adult Use Ordinance; Add Item 12a, Cigarette and Non- Intoxicating Liquor License/Oasis Market; Move Items 4 and 5 to the Consent Agenda; Pull Item 18, Approve Hiring of Consulting Firm to Perform the Comprehensive Water Plan Update/IP95-15, off the Consent Agenda for discussion. MOTION by Knight, Seconded by Jacobson, the Agenda as modified. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. CONSENT AGENDA Item 4 Review and Adopt 1996 Risk Management Budget (See Resolution R005-96) Item 5 Review and Adopt 1996 Debt Service Budget (See Resolution R006-96) Item 13 Approve Final Payment/IP95-25/1529 148th Lane NW Item 14 Adopt Assessment Roll/Waive Hearing/IP94-7/Sharon's 2nd Addition (See Resolution R007-96) Item 15 Approve Final Plat/Nightingale Ridge (See Resolution R008-96) Item 16 Approve Change Order #4/Compensating/IP94-22/Crown pointe East (See Resolution R009-96) Item 17 Approve Final Payment/IP94-22/Crown Pointe East (See Resolution ROI0-96) Item 19 Variance/916 140th Lane NW (See Resolution ROII-96) MOTION by Jacobson, Seconded by Knight,· to approve the Consent Agenda. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. APPROVAL OF MINUTES January 2, 1996, Regular Meeting: Correct as written. January 2, 1996, EDA Meeting: Correct as written. MOTION by Jacobson, Seconded by Knight, the Regular and EDA meeting Minutes of January 2 as presented. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. __~_ _4·~_~' . _ _ . Regular Andover City Council Meeting Minutes - January 16, 1996 Page 2 METROPOLITAN COUNCIL REPRESENTATIVES Chuck Ballentine, Director of the Metropolitan Council Office of Local Assistance, addressed the Council. He met with Andover representatives and other State representatives last week and learned of the steps Andover has gone through regarding its Comprehensive Plan, and it is embarrassing to him. He introduced Dick Thompson, the planner assigned to work with Andover. Mr. Thompson reviewed the Metropolitan Council's jurisdictions and the process for the extension of the MUSA line. The new Metropolitan Council has a 60-day time limit in which to comment and act on the City's request, which is a much shorter time frame. From the study done by several northern cities, the Met Council Staff is satisfied that the roads will be there when additional growth comes as a result of the MUSA expansion. The only real item remaining is the septic system issue, and their Staff has been working with the City on that study which they will look at more carefully. The other area relates to affordable housing and the Liveable Communities Act. He did not think that was another road block, feeling confident that the City should be able to get the MUSA expansion and be able to develop this spring. Mr. Ballentine explained the Metropolitan Council is interested in being sure the regional standards are met for affordable life cycle housing. It is not a requirement that the City participate in the Liveable Communities Act, but they do have to discuss that area to see what the City's plans are. If a neighboring community provides for those needs, it is fine; but the Metropolitan Council wants to know how Andover is working with that community to do its part. He explained that the density issue is negotiated with each City that participates in the Liveable Communities Act in terms of development in the region. The density would be a negotiated item with the City determining the number of years it wants to take to meet that goal. They are not trying to dictate density. He again stated he thought the barriers to approving the City's amendment have been removed. The only other issue is the discussion about life cycle and affordable housing. Councilmember Jacobson stated in reading the Metropolitan Land Planning Act and the Liveable Communities Act, the Metropolitan Council cannot require changes in those housing elements. It does not have that authority, and participation in the Liveable Communities Act is voluntary. The City is complying with State law and, therefore, should not be denied MUSA expansion. Mr. Ballentine stated the Metropolitan Council policy is that they would like to talk to the City about it and comment on that issue. Councilmember Jacobson stated the City has been addressing some of those issues. Andover's Comprehensive Plan has been at the Metropolitan Council since 1991 and has been reviewed to death. Now he is hearing that there are several minor things to discuss and that within 60 days the City should receive its MUSA expansion. Mr. Ballentine stated they would like the City to participate in the Liveable Communities Act, but it is not the only way to plan for life cycle housing. They will Regular Andover City Council Meeting Minutes - January 16, 1996 Page 3 (Metropolitan Council Representatives, Con tinuedJ compare that with the region. While he didn't have the authority to say the expansion will definitely be approved, he did believe the basic impediments have been removed and that there is a reasonably good chance of reaching an agreement. Several months ago Councilmember Knight heard at a presentation that the Twin Cities area is the third worst urban sprawl in the country and that by 2020 the urban area will extend from St. Cloud to Rochester. Since the Met Council was originally developed to deal with things like this, he wondered what they are doing to deal with that particular problem. Mr. Ballentine explained some of the discussions that are taking place with surrounding counties, including four counties in Wisconsin that are oriented toward the Twin Cities. There are broader state-wide issues that will be debated in the State legislature, but they have not gone any further with the issue. Mayor McKelvey noted the urgency of receiving MUSA expansion for development this year and the resulting leap-frog development if Andover cannot plan for an orderly development. Dave Hartley, Metropolitan Councilmember, stated for a long time the Metropolitan Council has looked at land outside of the urban service area as being rural. Within the next six to nine months they will be discussing rural policies. He suggested the City may want to be involved in some of those discussions. Mr. Fursman noted the City has been discussing externalities, those things that are affected as the community grows. The intent is to control the effects of that growth. They have been working on a plan since June that addresses density, protection of the wetlands and farming areas, clustered housing, etc. , but it has not yet been finalized. Is that what is meant by discussions on affordable life cycle housing or does the Metropolitan Council need an adopted plan of action by the City? Mr. Ballentine stated at some point they would like to see official City action. He is comfortable making the recommendation that the City is showing good faith and will conclude an agreement at some future point. They are trying to make sure this is a partnership. They have a regional interest in understanding what the City is planning to do. He didn't believe the life-cycle housing will be an impediment to the City's request for MUSA expansion. The Council thanked the representatives for meeting with them this evening. EAW/SHADOWBROOK Mr. Carlberg explained the City Council is being asked to determi~e and make either a positive or a negative declaration on whether an Environmental Impact Statement (EIS) is needed on the property to be known as Shadowbrook located in Sections 25 and 36. The Environmental Assessment Worksheet was mandatory; however, the City has never done an EIS for a residential subdivision. The decision must be made by January 18, 1996. - ----- - Regular Andover City Council Meeting Minutes - January 16, 1996 Page 4 (EAW/Shadowbrook, Con tinued) Councilmember Jacobson felt the comments from the different agencies basically centered on one specific area of the proposal, that being the protection of the wetlands. There was discussion on one species of tree and one species of flower, but there was countervailing evidence from another environmental firm which investigated those concerns and which basically said those species were either not there or there was such a limited number it didn't make much difference. Other than the wetland issue and the filling of some areas, he didn't see any substantive questions by any agency as to the inadequacy of the EAW. In the areas to be filled, there were suggestions for possible alternatives. Knowing what those concerns are, he felt that Staff and the developers could address those issues when developing the plan. Mr. Carlberg thought many of the remaining issues will be resolved through the planning process. Councilmember Jacobson noted one other concern that has nothing to do with the EAW, and that is the policy about lift stations on the far easterly side. There is only one lift station in the City, and that is a temporary one. It needs to be a Council decision as to whether or not a lift station is desired to service the eastern portion of this plat. MOTION by Jacobson, Seconded by Knight, that the Council move on this and declare there is a negative, that an EIS is not required; and by law we are required to have specific Findings of Fact to go along with the EAW that we have prepared. Move that we direct Staff to prepare those specific Findings of Fact based upon the discussions tonight and have the Mayor sign the Resolution. (See Resolution ROI2-96) Motion carried on·a 3-Yes, 2-Absent (Dehn, Kunza) vote. DISCUSS RESULTS/IP95-23/WOODLAND TERRACE TRAFFIC STUDY Mr. Erickson reviewed the actions taken regarding the traffic study for Woodland Terrace. The results of those actions have been tabulated, and Staff met with the residents on December 20, 1995, to discuss final solutions to the problem. There was a general consensus of the group that permanent speed bumps should not be installed at this time. They also felt that only one access from the service road onto Bunker Lake Boulevard should permanently be closed, that being at Marigold Street NW to reduce the through traffic into the neighborhood and to provide a safer traffic situation at that location. That would be done by installing concrete curb and gutter along the road, rip out the bituminous and lay sod or grass in the boulevard area. That location i8 near the entrance to Assembly of God Church; however, the pastor of that church was at the last Council meeting on the issue and stated they would have no problem closing that access. The neighbors also asked that an evaluation be done to install a sidewalk along the service road from Narcissus Street NW to Heather Street NW, as many of the children walk to school along that route. Mr. Erickson sent a letter to the neighborhood reconfirming those discussions, and he received no calls, though one resident suggested the group of residents may not have been representative of the overall neighborhood. .. ___._ w Regular Andover City Council Meeting Minutes - January 16, 1996 Page 5 (Discuss Results/IP95-23/Woodland Terrace Traffic Study, Continued) Mayor McKelvey did not wish to spend money on a sidewalk at this time if it has to be taken out when the county upgrades Bunker Lake Boulevard. Council member Jacobson stated it may be more cost effective to install a temporary barricade until Bunker Lake Boulevard is upgraded within a few years. Mr. Erickson stated he will be able to give the Council better information at the next meeting as to when the county plans to do that upgrade and what measures should be taken to close that one access to the service road. Mary Edholm. 13640 Orchid Street - thought the representatives of the neighborhood that have met with City Staff had only two people from the north end of Woodland Terrace, which was where the problem came from in the first place. Unfortunately, all of the people cannot agree, and those two from the north end gave up because they realized they would make no headway. She stated it is unfortunate that this has been going on for 1 1/2 years; and of the five people on the north end who initially brought this to the Council, four are thinking about moving. That says there is no confidence that the issue has been resolved. As she watches the traffic at the stop sign out of her kitchen window, there really hasn't been a lot of change. There was some when the speed bumps were in when people did stop, but she agreed speed bumps create different problems. She stated it is important to remember the issue was originally brought up because of the concern for safety of th", children of the neighborhood. She really felt that closing one access to the frontage road will do nothing about the traffic in Woodland Terrace. It was her opinion that those from the southern end of the neighborhood who objected to their solutions were not focused on safety but on their convenience. She didn't think it was right for decisions to be made based on a lot of loud voices, but that safety should be the primary concern. Ms. Edholm wondered why their proposals of temporarily blocking off the access into Coon Rapids can't be tried to see if that would help the situation. She was also concerned the barricade of one access on the service road will increase the traffic on the service road itself, making it an even greater safety factor for the children who walk to school unless sidewalks are installed. The proposed solution should not make it even more dangerous for the children. Sidewalks will help the children, but it won't help with the problem in the Woodland Terrace neighborhood. She strongly disagreed with the proposals, again stating it isn't right to change decisions because other people are yelling they don't want it as a matter of convenience versus safety. There was some discussion between the Council and Ms. Edholm on the traffic issue, the results of increased police patrol, the disadvantages of speed bumps, and where the maj or speeding problems are in the neighborhood. Ms. Edholm again requested temporarily barricading 134th and 133rd at Coon Rapids to determine if it will make a difference. She was frustrated with the proposals because she did not feel they would resolve anything. She also stated that most people in her neighborhood did not receive a letter with these proposals. She only found out about Regular Andover City Council Meeting Minutes - January 16, 1996 Page 6 (Discuss Results/IP95-23/Woodland Terrace Traffic Study, Con tinuedJ this meeting this evening at 5:30. Councilmember Jacobson felt that after 1 1/2 years, something must be done. The proposals were suggested after several approaches were tried and after talking with some of the residents. If those proposals do not work, then it should be reviewed again. Mr. Erickson stated he will have more information as to the county's plans for Bunker Lake Boulevard for the next meeting. No further action was taken. REVIEW OF EDA/TIF FUND REPORT MOTION by Jacobson, Seconded by Knight, to integrate the upgraded report into the special meeting on January 29, 1996 . Motion carried on a 3- Yes, 2-Absent (Dehn, Kunza) vote. DISCUSSION/PLANNED UNIT DEVELOPMENTS Mr. Carlberg asked for direction regarding questions developers have for developing Planned Unit Developments. The Council made the following comments: The thought was that PUDs would be clustered housing as a single use, not multiple uses. The density would be no greater than the zoning district allows now, meaning the total amount of buildable area would be considered, not the gross acreage of the plat. The intent is to maintain the same density and protect that green space. Also, something must be in place to protect the open space from further development unless municipal sewer and water is available. A minimum acreage must be established on which the houses are built so there is adequate room to meet the on-site septic system and well requirements. The idea would be to reduce the development costs with less roads and to prevent development of marginal land that possibly shouldn't be developed anyway. On the question of who owns the open space, the Council agreed it should not be owned by the City. Let the people who live there maintain it, but make sure it is preserved from further development until utilities are available. They also suggested Staff research the PUD requirements for other communities. Horst Grazer. Gold Nuqqet Development - has purchased 80 acres to develop into rural residential lots in the vicinity of Round Lake and Constance Boulevards. They have been talking about a PUD development with Staff, but it is difficult going into it without some specific parameters. One 40-acre parcel has a considerable amount of wetland, and they are concerned what the City wants to do with the open space if developed as a PUD. Does the City want to take the deed to it? They would propose controlling the open space through an association or have some type of covenant that would allow it to remain open in perpetuity. Also, the minimum lot size would be critical. Overall, he felt the ability to develop as a PUD will provide a much better product. He did not see an advantage to developing as a PUD if it results in the same number of lots as a regular development. Generally the advantage to a PUD is to increase the density. Otherwise, the 2 1/2-acre lot in the rural area is considerably more valuable than a I-acre lot. Regular Andover City Council Meeting Minutes - January 16, 1996 Page 7 {Discussion/Planned Unit Developments, Continued} Mike Muskie. developer of property off Niqhtenqale - felt the density would have to be determined by some formula. They spent a lot of money doing a sketch to determine the maximum number of lots, working around the wetlands. It would not be feasible to require a developer to spend money doing the normal layout to determine the maximum density and then redesign as a PUD. Mr. Carlberg stated he will prepare a draft ordinance on PUDs for the Planning and Zoning Commission to review. ADULT USE ORDINANCE Councilmember Jacobson reported he received phone calls about a portion of the new Video Update store in the Downtown Center which has adult material. He visited the store and talked with the store manager, who stated Video Update is a chain store which dictates what they do and what they carry. The manager indicated the adult use section amounts to about 12 to 15 percent of their business; and the reason they haye an adult film section is to compete with Blockbuster, which doesn't offer that, and to offer something different to stay in business. He noted that the video store at Speedy Market also has an adult use section. Attorney Hawkins explained the City cannot prohibit these in the community. The Council adopted an Adult Use Ordinance in 1990 that controls adult use in establishments having a substantial portion of its business for that use, that is 40 percent of utilized floor area. He understands these two stores aren't even close to that 40 percent requirement. At the present time, there is nothing the City can do about those activities. Councilmember Jacobson did not know how the 40-percent requirement was determined, but he felt that is a rather large number and that consideration should be given to reducing it. He felt 10 percent would be legally defensible. He was also concerned that the ordinance does not specify where these uses can be located. As it stands, adult uses can be added to gas stations, grocery stories, in any neighborhood business and in any zone other than residential; and he didn't think that was the original intent of the ordinance. Jim Williams. Video Update - stated that 12 to 15 percent of their gross retail space is for adult material. It also amounts to about 9 percent of their total volume, which indicates there is a demand for it. Video Update has been in the community for several weeks. They have been in 43 other metropolitan communities since 1982. They are a publicly held corporation. They have worked with the communities and developed guide lines and parameters for adult material. They have instituted a number of safe guards for the public when they come into the store to protect the public and the children. They purposely place the adult material where it is inconspicuous and to keep it away from the children and family material. People do not know there is adult material inside and must walk into the store past a large sign that says they must be 21 Regular Andover City Council Meeting Minutes - January 16, 1996 Page 8 (Adult Use Ordinance, Continued) years old to come into that room. They also require anyone working there to be 18 years old, and no one can open an account unless they are 18 years old. If parents allow their children to rent under their account, restrictions can be placed on what type of material they can rent, and the store honors that request. Personally, councilmember Jacobson did not like to see this at all, as it is the kind of activity that does nothing but drag society down. He felt many people in the community felt the same way, but there is also the issue of free speech. If the citizens of the community are opposed, he thought they should personally exercise their rights to send letters, not patronize the business, etc. Again, he felt the City's ordinance should be reviewed and tighten up the requirements. MOTION by Jacobson, Seconded by Knight, that we send Ordinance Number 92 back to the P & Z to have them look at it, tighten it up, along with legal counsel advising as to what we can or cannot do; and bring it back to the Council at the earliest possible date with a revision which tightens the provisions to the legal limit. DISCUSSION: Mr. Williams - knew from the survey and from the 35 calls he's received that they have been made by the same four people over and over gain. He didn't think that was representative of the community. They have been open for three weeks and have had well over 500 people rent adult videos. If a petition would prove beneficial, he thought those who use these videos would be willing to sign one. A few people can make a lot of noise, and the Council's job is to represent all the people. Councilmember Jacobson acknowledged they have the right to do what they are doing even though he doesn't agree, but he does not want to see this proliferated in other areas of the City. Motion carried on a 3-Yes, 2- Absent (Dehn, Kunza) vote. APPROVE HIRING OF CONSULTING FIRM TO PERFORM THE COMPREHENSIVE WATER PLAN UPDATE/IP95-15 Mr. Erickson explained the process Staff went through to obtain Requests for Proposals from engineering consulting firms to provide professional service for the Comprehensive Water Plan Update. Four proposals were received, and four Staff members individually analyzed them. All four people came to the same conclusion to contract with Maier Stewart and Associates, even though their bid is the second highest. The feeling was MSA had the best understanding of what the City is looking for from an engineering and methods perspective, even though BRA had the lowest bid. This is not setting precedent, as other professional contracts have been let to other than the low quote based on other factors. Glenn Cooke. BRA - noted that when they submit a proposal, it is a significant cost to do so; and a professional looks at them very carefully. They carefully address the issue and what is in the RFP. BRA is currently doing six comprehensive water plans around the metropolitan area and have regularly done others in the 50 years they Regular Andover City Council Meeting Minu tes - January 16, 1996 Page 9 (Consulting Firm/Comprehensive Water Plan Update/IP95-15, Continued) have been in business. They have professionals that do water distribution plans, design pumphouses, and do all of the facilities that go with water systems. Whatever the City would ask for engineering, they would be able to do it at the lowest cost. He argued an RFP is a bid situation when a specific cost is requested. He asked that the Council reconsider the recommendation. Councilmember Jacobson was comfortable with the recommendation because four Staff members reviewing the proposals individually came up with the same conclusion. He felt the Council should defer to the Staff's opinion. Mr. Erickson stated this was on an invitation basis, not a request for bids. Mr. Fursman also noted that the proposal called for a not-to-exceed cost, so it may be that MSA's actual cost would be the same or less than BRA's proposal. MOTION by Jacobson, Seconded by Knight, that Item No. 18 be approved to Staff's suggestion (Maier Stewart and Associates to perform the City's Comprehensive Water Plan Update) . Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. REVIEW RFP FOR CONSTRUCTION MANAGEMENT Mr. Fursman noted the request does not include office furniture for the new City Hall. He also pointed out that there will be some external work needed on the existing building to make the two buildings compatible. The requested construction costs are for the new construction. Adding the renovation of the existing building could greatly affect any dollar amount the City would recommend. He thought the construction management firm would help the City establish the square-foot cost of the building. Councilmember Jacobson felt the renovation of the existing facility is part and parcel of the new construction. He also preferred not including a not-to-exceed dollar amount in the request to allow those responding to tell the City what it will cost. This is a request for a construction management firm, not a bid; and he would rather allow more flexibility. Councilmember Knight felt it is important to set the not-to-exceed amount to receive the lowest bids. Winslow Holasek - felt it would be a conflict of interest to have the construction managing firm also do the construction. The Council noted the construction will be inspected frequently, and only small sections of it would be by the same firm, if anything at all. They would still need to submit bids for those services. It was then agreed that Items 3 Instructions to Applicants will remain the same. Clarify Item 4 to read: Proposers will be permitted to competitively bid on construction and contracting services for this project. MOTION by Jacobson, Seconded by Knight, to approve the RFP with that change to Item No. 4. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. Regular Andover City Council Meeting Minutes - January 16, 1996 Page 10 (Review RFP for Construction Management, Continued) Councilmember Knight asked to bring the motion back on the table to discuss adding the cost of furnishings into the not-to-exceed cost. MOTION by Jacobson, Seconded by Knight, to bring it back up for discussion. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. Councilmember Knight thought that all costs related to the building should be included. If site work, fees, etc. , are included, so should furnishings. MOTION by Jacobson, Seconded by Knight, to approve the RFP with the change to Item No. 4 and include one more line that says furnishings. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. CLARIFICATION OF SECTION 10.5 OF UNION CONTRACT MOTION by Jacobson, Seconded by Knight, the following language be approved by the Council for that particular section, Article 10, Section 10.5 of the Union Contract: The employer shall pay any employee required by the employer to perform daily checks on Saturday, Sunday and/or Holidays, three hours of overtime pay at the level five rate. Any work performed beyond three hours will be paid at the employee's regular rate of overtime pay. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. WDE/BUILDING CODE LANGUAGE MOTION by Knight, Seconded by Jacobson, the ordinance amending Ordinance No. 19N, known as the Building Ordinance of the City of Andover without the preamble. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. EXTERNALITIES TIMETABLE Mr. Fursman felt adopting the externalities planning paper would help in meeting some of the criteria the Metropolitan Council is looking for in the City's planning. The biggest addition to the planning paper is indicating the advising department and the lead person on the project. The projects are also prioritized MOTION by Jacobson, Seconded by Knight, that the Mission Statement presented to the Council this evening outlining the area of intent of the City of Andover be adopted by the City Council and direct the City and its Staff in the attainment of these goals over the next several years. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. - ~____ __ w - Regular Andover City Council Meeting Minutes - January 16, 1996 Page 11 SCHEDULE BOARD OF REVIEW MOTION by Knight, Seconded by Jacobson, to schedule the Board of Review on Thursday, April 11, 1996. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. CIGARETTE AND NON-INTOXICATING LIQUOR LICENSE/OASIS MARKET MOTION by McKelvey, Seconded by Knight, to approve the cigarette and non-intoxicating off-sale liquor license for Oasis Market at 13660 Crosstown Boulevard NW. Motion carried on a 2-Yes, I-No (Jacobson), 2- Absent (Dehn, Kunza) vote. MAYOR/COUNCIL INPUT Cellular Phone Antennas - Councilmember Jacobson reported he has learned that within one or two months US West will be coming to cities in the metropolitan area to ask for tower sites for their new personal communicators. Apparently, six or eight towers are needed to provide the same service for the same area as the larger towers now do for cellular phones. He suggested the Planning Commission look at th:ô ordinance or develop a new one so the City is prepared when it comes. He was concerned with having a lot of these towers throughout the City, the height, the locations in which they would be allowed, etc., so there is some control. The Council agreed. Snowmobile Registrations - Councilmember Jacobson noted the City of Blaine has asked the State for a list of snowmobile owners who live in their City. The City then intends to write a letter to each one. He wondered if Andover could do the same and directly mail them a letter about the complaints, the regulations, etc. The Council felt it is a good idea, noting there have still been a lot of problems with snowmobiles. Background Checks for volunteers - Councilmember Jacobson wondered if the City should be doing background checks for volunteers who work with children. Other cities are doing that. Mr. Fursman was asked to investigate as to whether that is something the City should be doing. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Knight, the claims as presented. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. MOTION by Knight, Seconded by Jacobson, to adjourn. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. The meeting adjourned at 10:21 p. m. r---.. ~f\ç~~L Mk~c~ A. Peach, Recording Secretary CITY of ANDOVER Special city Council Meeting - January 16, 1996 Call to Order - 6:00 pm 1. Review of City Administrator 2. 3. Adjournment CITY of ANDOVER \ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (612) 755-5100 SPECIAL CITY COUNCIL MEETING - JANUARY 16, 1996 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on January 16, 1996, 6:12 p.m., at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, Knight Councilmembers absent: Dehn, Kunza Also present: City Administrator, Richard Fursman REVIEW OF CITY ADMINISTRATOR Each Councilmember gave their impressions of Mr. Fursman's performance since hired as the City Administrator. While there seemed to be some personnel problems in the beginning, the Council generally felt those have been resol ved and that Mr. Fursman has brought a sense of professionalism to the City. They gave a favorable review as to Mr. Fursman's overall performance. Mr. Fursman expressed appreciation for the Council's confidence and discussed some of his accomplishments in the past 22 months. Discussion was also on some problems and frustrations in general, plus some specific incidents. Councilmember Jacobson presented a suggested list of goals for the Administrator for 1996. Mr. Fursman also suggested that he investigate the establishment of wards and primaries for City elections. The Council generally agreed to those 13 goals. MOTION by Knight, Seconded by Jacobson, to adjourn. Motion carried on a 3-Yes, 2-Absent (Dehn, Kunza) vote. The meeting was adjourned at 6:52 p.m. Respectfully ~bmitted, ~~ao~l Recording Secretary