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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, February 1,2005
Call to Order - Following EDA Meeting Scheduled at 6:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (1/18/05 Regular; 1/18/05 Executive Session; 1/24/05 Special Joint CC/Park &
Rec. Comm.)
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Consent Items
2. Approve Payment of Claims - Finance
3. Approve Joint Powers Agreement/Order Improvement/Order Plans & Specs/05-4/Joint 2005 Seal Coating
Program - Engineering
4. Approve Resolution Accepting Donation from Bauerly Bros., Inc. & MDU Resources Foundation/03-
l/Prairie Knoll Park - Engineering
5, Consider 2005 Grant Application Roundl05-5 - Engineering
6. Accept Petition/Order Feasibility Report/05-9/Kimberly Oaks/St. S. & Str. - Engineering
7, Declare Cost!Order Assessment RolV03-35/Bunker Lake Village - Engineering
8. Order Plans & Specs/03-1A1Prairie Knoll Park Lighting - Engineering
9. Approve Exempt PermitlMinnesota Deer Hunters Assoc. -Clerk
10. Approve Contract - Bulk Vending - Community Center
11. Consider DNR Remediation Restoration Grant - Engineering
12. Approve Appointment! Associate Planner - Human Resources
13. Approve Administrative Modification to TIF District 1-4 - Finance
Discussion Items
14. Consider Conditional Use Permit Amendment/Permitted Uses Lot 1, Block 2, Grey Oaks, Continued-
Planning
15. Fire Department Presentation/Grant Money - Fire
16. Schedule Public HearinglIssuance of Capital Improvement Bonds - Finance
17. Authorize Finance Department's 2005 CIP Purchase - Finance
Staff Item
18. Schedule EDA Meeting - Administration - Administration
19. Schedule Special City Council Workshop-Miscellaneous Business Items -Administration
20. Administrator Report - Administration
Mayor/Council Input
Adjournment
Executive Session: City Administrator Review
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 1,2005
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE .....................................................................................................1
RESIDENT FORUM,..,..............................................................................................................1
AGENDA APPROVAL .............................................................................................................1
APPROVAL OF MIN1JTES.......................................................................................................1
CONSENT ITEMS
Approve Payment of Claims .................. ........... ................. ...................... .............. ............ ...2
Resolution R015-05 approving Joint Powers Agreement/Order Improvement/Order
Plans & Specs/05-4/Joint 2005 Seal Coating Program...................................................,2
Resolution RO 16-05 accepting Donation from BauerIy Bros., Inc. & MDU Resources
Foundation/03-I/Prairie Knoll Park .................,..........................,..............................,....2
Consider 2005 Grant Application Round/05-5 ..................,.........,...............................,........2
Resolution R017-05 accepting Petition/Order Feasibility ReportJ05-9/KimberIy
Oaks/St. S & Str. ..... .... .......................... ..."....... ............. ..... ........... ... ......... ... ......... ..... ....,2
Resolution R018-05 declaring Costs/Order Assessment Roll/03-35/Bunker Lake ViIlage.2
Resolution R019-05 ordering Plans & Specs/03-IAlPrairie Knoll Park Lighting ...............2
Approve Exempt Pennit/Minnesota Deer Hunters Assoc. ..............................................,....2
Approve Contract - Bulk Vending .......................................................................................2
Approve Appointment/Associate Planner ......................................................,.....................3
Approve Appointment/Street Maintenance .......... ......... ....... ..... ........ .......... ........ .................3
Approve AppointmentJParks Maintenance........... ..................... .......... ................ ............ .....3
Approve Administrative Modification to TIP District 1-4...................................................3
CONSIDER CONDITIONAL USE PERMIT AMENDMENT/PERMITIED USES
LOT I, BLOCK 2, GREY OAKS, CONTINUED
Motion to Deny Resolution R020-05.....................................................................................3
FIRE DEPARTMENT PRESENTATION/GRANT MONEY...................................................5
SCHEDULE PUBLIC HEARlNG/ISSUANCE OF CAPITAL IMPROVEMENT BONDS
Motion to Approve Res. 021-05 ............................................................................................6
AUTHORIZE FINANCE DEPARTMENT'S 2005 CIP PURCHASE
Motion to Approve ..................... ............. .............. .................. ............. .............................. ..,6
CONSIDER DNR REMEDIATION RESTORATION GRANT
Motion to Approve .........'............. ......... ........,... ............. ........ .............................. ........... ...... 7
AUTHORIZE CONTRACT/COMMUNITY CENTER SECURITY SYSTEM
Motion to Approve. .......... ............ ......... ............ .............. ..................... .............. .......... ......... 7
SCHEDULE EDA MEETING ...................................................................................................8
SCHEDULE SPECIAL CITY COUNCIL WORKSHOP - MISCELLANEOUS BUSINESS
ITEMS ..................................................,................................................................................8
ADMINISTRATOR REPORT ...................................................................................................9
MAYOR COUNCIL INPUT
YMCA Activities for Adults at the Community Center ........................................................9
Grant Money for Train WhistIes.........................................................,..................................9
Goal Setting Session ....... ....... .................. ...... ........ ..... ..... ........ ...... ... ...... ... ... ......... ..... ... ..... ...9
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Regular Andover City Council Meeting Minutes - Februaryl, 2005
Table of Contents
Page ii
Snow Plowing Problems ........................................................................................................9
Insurance Coverage ... ...... .......... .... ............ ........ ........ .............. ........... .......... ....... ..... ... ...........9
ADJOURNMENT ......................................................................................................................10
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REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 1,2005
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, February 1,2005, 7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover,MUnnesoUL
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
City Attorney, Bany Sullivan
Fire Chief, Dan Winkel
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
o PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
Add Item 12a (Approve Appointment-Streets Maintenance), 12b. (Approve Appointment-Parks
Maintenance), 17a. (Authorize Contract/Community Center Security System). Remove from
Consent Items for discussion Items 11, (Consider DNR Remediation Restoration Grant).
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
carried unanimously.
APPROVAL OF MINUTES
January 18, 2005, Regular Meeting: Correct as amended.
o Councilmember Jacobson stated on the January 18th Minutes, page 6, he inquired of the attorney
whether it would need to be a four/fifths vote and he was told it did not have to be.
Councilmember Jacobson stated on page 8, at the bottom, it states "Councilmember Jacobson stated
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Regular Andover City Council Meeting
Minutes - February 1, 2005
Page 2
that Meadow Creek School has a contract for deed with the school district property owner."
January 18, 2005, Executive Session: Correct as written,
January 24, 2005, Special Joint CC/Park & Rec. Commission Meeting: Correct as amended.
Councilmember Trude stated on the joint meeting there were two minor changes. One change was
on page three, they were discussing the use of park dedication fees from Andover Station North and
was on the second to last paragraph and she wanted to have something added to clarify they were
talking about the fees just from Andover Station North. The first sentence in the paragraph stated
"Councilmember Trude asked if they would restrict their flexibility if they restricted the financing to
park dedication fees from Andover Station North."
Councilmember Trude stated on page 6, regarding park fees, "Councilmember Trude believed when
they were reworking the budget for the Community Center (rest should be struck and add the
following) they realized there would be more than five hundred thousand of park dedication funds
available and the excess could be held to solve the Community Center cost overruns"
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Councilmember Knight stated on page 8, it mentions Mr. Orttel as commenting about the football
pole and he believed it was himself.
Councilmember Trude thought Councilmember Knight stated "the poles could be paid for by a
business." not sold by a business.
Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
CONSENT ITEMS
Item 2
Item 3
Item 4
Item S
Item 6
Item 7
~) Item 8
Item 9
Item 10
Item 12
Approval of Claims
Approve Joint Powers Agreement/Order Improvement/Order Plans & Specs/OS-
4/Joint 200S Seal Coating Program (See Resolution R01S-0S)
Approve Resolution Accepting Donation from Bauerly Bros., Inc. & MDU Resources
Foundation/03-1/Prairie Knoll Park (See Resolution ROI6-0S)
Consider 200S Grant Application Round/OS-S
Accept Petition/Order Feasibility Report/OS-9/Kimberly Oaks/St. S. & Str. (See
Resolution ROI7-0S)
Declare Cost/Order Assessment Roll/03-3S/Bunker Lake Village (See Resolution
ROI8-0S)
Order Plans & Specs/03-1A1Prairie Knoll Park Lighting (See Resolution ROI9-0S)
Approve Exempt PermitlMinnesota Deer Hunters Assoc.
Approve Contract - Bulk Vending
Approve Appointment/Associate Planner/Chris
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\._) Minutes - February 1,2005
Page 3
Item I2a
Item I2b
Item 13
Approve Appointment - Streets Maintenance
Approve Appointment - Parks Maintenance
Approve Administrative Modification to TIF District I-4
Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
unanimously.
CONSIDER CONDITIONAL USE PERMIT AMENDMENT/PERMITTED USES LOT 1,
BLOCK 2, GREY OAKS, CONTINUED
Motion by Jacobson, Seconded by Knight, to remove the item from the table. Motion carried
unanimously.
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Community Development Director Neumeister explained under the Planned Unit Development for
Grey Oaks, a daycare center is the only permitted use on this site. Mr. Rudnicki is seeking to expand
the permitted uses. As requested by the City Council at the January I 8th meeting, Mr. Rudnicki has
submitted a more specific list of permitted uses he is proposing for the site.
Mr. Neumeister stated Mr. Rudnicki has indicated that he is willing to install a fence rather than
vegetative buffering on the south side of the property to act as screening for the site and to address
headlight glare issues raised by neighboring property owners. It is possible that a combination of a
fence and plantings could be used to adequately buffer and screen the site. All screening would be
reviewed during the Commercial Site Plan review process.
Councilmember Trude asked the City Attorney on a PUD that shows the layout and has the
background that there were supposed to be certain setback standards according to the standards for
that PUD. If they change a site plan and it does not meet all of the standards, isn't that also a change
that requires a CUP. City Attorney Sullivan referred this back to Mr. Neumeister. Mr. Neumeister
stated in this case, they would be amending not only the use list but the site plan and if they have a
site plan except for fme details, it shows the layout of the site. They could approve that but if they
wanted further refmed details, they could ask for that to come back before them but that should be
made a part of the amended PUD all at one time.
Councilmember Trude stated they have been focusing on the uses but the design standard also goes
along with that.
Councilmember Jacobson recommended denial of the proposed Conditional Use Permit with
changes to the Resolution under Now, Therefore, Be It Resolved in the Resolution, at the end of the
/, line which says use for daycare center, add the words "Property owners adjacent to the site purchased
'0 property believing that the site would be used for a daycare center and have exoressed their
opposition to the proposed change"
Councilmember Jacobson asked to have a new number four added to the resolution stating, "A future
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, ) Minutes - February 1, 2005
Page 4
senior based housing planned in the area would be negativelv impacted bv the proposed change."
Councilmember Jacobson stated he did not like all of the other uses still listed because they could
end up with a lot of other stuff besides a dance studio.
Councilmember Trude stated the neighbors have also contributed a lot of research material on the
subject The materials show discussion ofa daycare throughout the process. She stated there were
also many letters submitted by the neighbors against this use and they expected a daycare to be
located there and they would support that use or a use that was less intrusive, such as housing.
Councilmember Orttel stated he did not think the dance studio would be a bad use in this area but
what this does bring up is the folly of zoning something to one use. They could never fmance a
building like that and sooner or later this property will have a use and someone will come in and get
approved and it will have to be rezoned at that time. This should not have been tied down to one
use. With the high power line, the businesses will be difficult to find.
Mr. Rudnicki stated he would like to hear what the residents have to say in opposition to this.
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Mr. Rich Raaen, 1713 ISSth Avenue, stated he moved into Fox Hollow in 2000. He took the time to
find out what was going to be behind him and was told by various people including the City, it would
be a daycare. A daycare' s hours usually coincide with the work day and do not generally operate on
weekends. Two concerns he had were with traffic, privacy at his home and lights from vehicles
shining in their home.
Mr. Jeremy Schroeder, 1727 ISSth Avenue, stated he reviewed all of the Grey Oaks Development
information and it has been a big issue with concerned residents since 1997. The specific variances
stated in the PUD were regarding retail trade and services. One of their concerns is they do not want
a retail building abutting residential homes. He showed photos of different retail buildings in
residential areas. They are also concerned with property value. He also believed that the
neighborhood is speaking up about this because when the PUD was originally approved, they were
not there to voice their opinions.
Mr. Rudnicki stated the setbacks that were used in the site plan were what were given to them by
City Staff. They would be willing to take a look at other setbacks. He stated the PUD plat shows 44
parking spaces and he does not know how many are actually required because there are conflicts in
the paperwork.
Mr. Rudnicki stated in regard to hours of operation, daycares are providing more and more
alternatives and it is not guaranteed the business would be open only during the day. This
,\ development is not about one person; this creates jobs in the City and creates a tax base for the City.
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Mr. Rudnicki wondered why the City would pay for a park to be in the neighborhood ifit would only
benefit the one neighborhood and not the entire City.
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Regular Andover City Council Meeting
Minutes - February 1, 2005
Page 5
Mr. Rudnicki thought that if they looked at the difference between a daycare and retail, the effect on
property value will be the same; it will not bring the property value down.
Mr. Rudnicki stated as far as the traffic, noise and bright lights, there will still be more traffic with a
daycare and this area was designed to handle the traffic flow. The building would need to meet the
same architectural standards as the rest of the buildings in the area and would have to have a
residential look to it.
Mr. Rudnicki stated they do not have a large dance studio, they keep their dance classes small for a
family feel and all of the children will not be there four nights a week. He requested the City
Council look at the facts.
Mayor Gamache indicated it sounded like Mr. Rudnicki ran a fine business and would like for him to
remain interested in Andover.
Motion by Jacobson, Seconded by Knight, to deny the proposed Conditional Use Permit with the
changes indicated above. The Motion carried unanimously. (Res. R020-05)
o Mayor Gamache stated one of his concerns is this area was restricted for a daycare. Maybe they
should investigate what they should do regarding this in the future.
Councilmember Trude stated this was not a decision of the Council; it was a proposal by the
developer and the Council honored that. She wanted to make sure staffwas aware of these design
standards. She indicated the applicant pointed out some inconsistencies between the record and the
plat and she asked staff to figure out which applies.
FIRE DEPARTMENT PRESENTATION/GRANT MONEY
Fire Chief Winkel explained the Fire Department had applied for a grant to the U.S. Department of
Homeland Security (F.E.M.A.) in April 2004. The Fire Department was officially notified on Friday,
January 21, 2005 that the grant submitted was approved.
Fire Chief Winkel discussed the grant information with the City Council.
Councilmember Knight congratulated the Fire Marshal for the grant writing. Councilmember Orttel
concurred and wondered if this was the entire document they have to follow. Fire Chief Winkel
stated there are more rules than what was presented.
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Councilmember Jacobson asked if the money was provided to them up front or would they need to
pay the bills and then get reimbursed. Fire Chief Winkel stated once they find out the costs of
equipment, they submit them and then the funds will be electronically deposited in the fund to pay
the bills.
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Page 6
Fire Chief Winkel noted Congressmen Kennedy will be at Fire Station # 1 on Friday at 11 :45am to
make a presentation.
Fire Chief Winkel stated as a reminder, they have had fmancial support in the amount of almost
$350,000 over the past year in the form of grants.
SCHEDULE PUBLIC HEARING/ISSUANCE OF CAPITAL IMPROVEMENT BONDS
City Administrator Dickinson requested the City Council to schedule a Public Hearing on the
issuance of Capital Improvement Bonds to finance capital improvements related to the Public Works
Facility and City Hall.
Mr. Dickinson discussed the staff report with the Council. He stated he wanted to change the Statute
Reference in the Resolution to Statute 475.521 on both areas.
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Motion by Orttel, Seconded by Jacobson, to approve the resolution calling for a public hearing on
the issuance of capital improvement bonds with the changes to the Resolution indicated above.
Motion carried unanimously. (Res. R021-05)
AUTHORIZE FINANCE DEPARTMENT'S 2005 CIP PURCHASE
City Administrator Dickinson stated at the regularly scheduled December 21, 2004 Andover City
Council meeting, the Council approved the 2005-2009 City of Andover Capital Improvement Plan
(CIP). The Finance Department is seeking authorization to proceed forward with the
Financial/Payroll System Replacement.
Councilmember Jacobson stated the way he read this was that it was a software upgrade and asked if
it is more than that. Mr. Dickinson stated they will be moving to a Windows based product and they
will use the server for storage and archiving material.
Councilmember Jacobson asked if there are any training costs for staff. Mr. Dickinson stated there
would be about $10,000 worth of training included in the cost.
Councilmember Jacobson asked what the yearly cost would be for the product. Mr. Dickinson stated
it would be around $22,000 which includes maintenance and upgrades.
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Councilmember Trude wondered if they need to get public bidding on this or would this not be
included because it is specialized software. Mr. Dickinson stated it is not a bid environment because
it is specialized.
Mr. Dickinson stated they will not need to have their historical data converted which will keep costs
down. Ms. Pietso felt this was a very strong product and will make their jobs more productive.
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Regular Andover City Council Meeting
Minutes - February I, 2005
Page 7
Councilmember Orttel asked what the cost is based on. Mr. Dickinson stated this amount is based
on the number of users that will be allowed to use the product.
Motion by Jacobson, Seconded by Knight, to authorize the Finance Department's 2005 CIP
Expenditure and allow the Finance Department the flexibility to accelerate the implementation
process for an early completion in 2006. Motion carried unanimously.
CONSIDER DNR REMEDIATION RESTORATION GRANT
The City Council is requested to consider applying for a Remediation Fund grant available through
the Minnesota Department of Natural Resources-Division of Ecological Services.
Councilmember Jacobson wondered if this was the best way this grant money could be spent. Mr.
Berkowitz stated in this grant application, it would be designated to be used in Kelsey Round Lake
Park to eradicate non-native plants and re-introduce native plants.
o Mayor Gamache excused himself at 8:20 p.m.
Motion by Orttel, Seconded by Trude, to authorize grant application for Kelsey Round Lake Park.
Motion carried 3 ayes, I nay (Jacobson), I absent (Gamache).
AUTHORIZE CONTRACT/COMMUNITY CENTER SECURITY SYSTEM
City Administrator Dickinson stated as the Community Center construction proceeds, issues such as
building security and access control need to be addressed. A proposal to facilitate an ultimate
solution has been received.
Mr. Dickinson discussed the proposal with the City Council.
Mayor Gamache returned at 8:25 P.M.
Councilmember Trude stated she knew this came up at some of the Building Committee meetings
regarding having security at all entrances and she wondered if this system has have some sort of
security at every entrance. Mr. Dickinson stated each entrance will have some type of security
installed.
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Councilmember Jacobson asked if the price includs sales tax. Mr. Dickinson stated it includes
everything.
Councilmember Trude wondered if the elevator system was worked out through this item. Mr.
Dickinson stated part of it has but they will need to work with the YMCA and the elevator will
u/----- Regular Andover City Council Meeting
Minutes - February 1, 2005
Page 8
probably use a pass card for access.
Councilmember Knight asked if the Sheriffs Department was involved in this. Mr. Dickinson stated
they were.
Motion by Orttel, Seconded by Trude, to approve the proposal from Pro- Tec Design, Inc. Motion
carried unanimously.
SCHEDULE EDA MEETING
City Administrator Dickinson explained the Council is requested to schedule an EDA meeting on
February 15,2005 at 6:00 p.m.
Councilmember Trude stated they need to include in the agenda "Advertise the opening of the
position on the EDA." Mr. Dickinson noted the change.
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Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting on February 15,2005 at 6:00
p.m. Motion carried unanimously.
SCHEDULE SPECIAL CITY COUNCIL WORKSHOP - MISCELLANEOUS BUSINESS
ITEMS
Motion by Trude, Seconded by Jacobson, to schedule a Council Workshop for February 24, 2005 at
7:00 p.m.
Councilmember Jacobson stated they will want need to have job descriptions for the positions before
the meeting. Mr. Dickinson stated they will have that information at the February 15th City Council
meeting,
Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the Community Center and items
happening in the City Departments.
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City Engineer Berkowitz updated the Council on road improvements projects in the City.
Community Development Director Neumeister updated the Council on development activity in
the City.
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\. j Minutes - February 1, 2005
Page 9
Councilmember Jacobson stated it was his understanding that the ball fields will be three
hundred foot fields. Mr. Berkowitz stated this was correct.
MAYOR/COUNCIL INPUT
(YMCA Activities for Adults at the Community Center) - Councilmember Knight stated he has had
numerous questions from residents regarding what type of activities the YMCA will have at the
Community Center for adults. Mr. Dickinson stated they are working on the Community Center
website and they can include information in the newsletter.
(Grant Money for Train Whistles) - Councilmember Trude stated she has an article regarding train
whistles and in the article it states Fargo and Morehead received a huge amount of grant money and
they will be applying for the whistle blowing exemption and their costs between Fargo and
Morehead is $4.7 million and they are expecting $3.9 million of that to be paid for with State and
Federal grants. She stated this is almost all of the costs. She will leave the article with staff to see if
they could apply for the grant also.
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(Goal Setting Session) - Councilmember Jacobson stated they usually schedule a session this time of
year to talk about Council goals for the year and he wondered when this will happen. Mr. Dickinson
stated they will have to set some goals for the budget and he can bring this back on the next agenda.
(Snow Plowing Problems) - Councilmember Orttel stated they are getting more of an issue of having
snow blocking driveways along larger streets from the snowplows and some of the residents are
senior citizens. He wondered if there is anything that can be done because most of the people
affected are elderly residents.
(Insurance Coverage) - Councilmember Orttel stated he called the County because he was upset
about an issue with the County Jail who had an inmate who was injured and left unattended for a
while. The County negotiated a settlement with the individual for $3.9 million dollars and the
County and Cities in Minnesota have a statutory immunity above a level of$600,000. He wondered
why the County settled for $1.9 million and the County stated this was a Federal Case and the Tort
limit does not apply. He stated they also have this on their policy and they have waived having that
excess coverage and a lot of cases are handled in the Federal Court so he thought staff should look
into that.
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Councilmember Trude stated most of these cases are related to very grecious behavior and when the
County handles hospitals and prisons and they have the Sheriff's Department, that is one of the
advantages the City has because they do not have a local police department so they do not have to
carry coverage for the sheriff because it is done through the County.
The City Council recessed to go into an Executive Session at 9:02 p.m.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
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" " Minutes - February 1, 2005
Page 10
adjourned at 9:31 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
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