HomeMy WebLinkAboutCC November 9, 2000
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W.· ANDOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755-8923
Regular City Council Meeting - Thursday, November 9, 2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minntes
Discnssion Items
I. Public Hearing/Adopt Assessment RoII/99-28/Navajo St., 173'd Ave, & 175th Ave./Street Pavingph9928
2. Assessment Hearing/Certify Delinquent Utility Bills utility
3. Assessment Hearing/Certify Delinquent Mowing Charges mowing
4. Canvas Election Results election
5. Brimeyer Group Presentation/Profile brimeyer
6. Consider ParticipationlMetropolitan Livable Communities Act livable
7. Discuss & Authorize CondemnationlEveland Property/To Remove Ag Preserve Designation eveland
8, Approve Ordinance No. 270/Towers and Antennas towers
9. Water and Sewer Billing Service watersewer
10. Approve Amendment to Ordinance No, 112, PUD Ordinance pud
Staff. Committees. Commissions
II. Reschedule Budget Workshop budget
12. Schedule Continuation of Joint MeetinglPark & Recreation Commission jointmtg
13. Set Council Workshop Date/Andover High SchooIl00-18/Street & Utility Improvements dateOOl8
14. Receive Traffic Study/Andover High School/Set Meeting Date trafficstudy
15, Accept Resignation of John Hinzman, City Planner/Authorize Advertisement of Position resign
Non-Discussion/Consent Items
16. Authorize Right-of-Way Plat at High School LocationlOO-18/Andover Blvd Extension-Phase IrowOO18
(High School Location)
17. Order Preparation of Plans & Specs/00-18/ Andover Blvd. Extension (High School Location) ordOO18
18. Proposed Townhome Development/South of 133'd and Hanson/Coon Rapids townhome
19. Approve CorrectionlResolution Approving Vacation of EasementINorth Valley Ridge nvr
20, Approve Special Use Permit/Home Occupationl3928 - 168'h Avenue NW/Dziedzic sup
21. Fixed Asset Policy & Procedure Update fixed asset
22. Trade Used Equipment for One (I) New Sidewalk Plow plow
23, Approve Ordinance Amendment/Ordinance No. 233/Dog Licensing Requirements ord233
24. Approve QuoteslPurchase of Trees at Various Parks qttrees
25. Approve Contribution for 2001-2003/Anoka Aquatic Center aquatic
26. Reduce Escrows/Developer Improvements/Woodland Estates 20d Addition escwe2
27. Reduce Escrow/Site Improvementffhe Farmstead escfarmstead
28. Approve Copier Lease for Building Department copier
29. Withdraw Pending Assessment Request/I 680 Andover Blvd NW/99-37IPaI0 assess9937
Mayor/Council Input
Payment of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 9, 2000
TABLE OF CONTENTS
RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .. 1
AGENDA APPROVAL. . . . . . . . . . . . . , . . , . . . , . . . . . . . . . . . . . . . . , . , . . . . . . . . . , . . .. 1
CONSENT AGENDA
Authorize right-of-way plat at High School10cationlIPOO-18/ Andover Blvd Extension 2
Resolution R238-00 ordering preparation of plans and specs/IPOO-18 .............. 2
Proposed town home development/South of 133rd and Hanson/Coon Rapids ........ 2
Resolution R239-00 approving correction/Resolution approving vacation of
easement/North Valley Ridge. . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Resolution R240-00 approving Special Use PermitIHome occupation/3928 168th/
Dziedzic .......................................................... 2
Fixed Asset Policy and Procedure update ,.....,.,......,.................... 2
Trade used equipment for one new sidewalk plow ..,..................,....... 2
Approve ordinance amendment/Ordinance 233/Dog Licensing Requirement. . . . . . . .. 2
Approve quoteslPurchase of trees at various parks ............................. 2
Reduce escrows/Developer improvements/Woodland Estates 2nd Addition ......... 2
Reduce escrow/Site improvement/The Farmstead . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Approve copier lease for Building Department ..........,..................... 2
Withdraw pending assessment request/1680 Andover BlvdlIP99-371Pa10 ........... 2
APPROVAL OF MINUTES .................................................. 2
PUBLIC HEARING: ADOPT ASSESSMENT ROLLlIP99-28/NA V AJO, 173RD, 175 . . .. 2
Resolution R241-00 adopting the assessment roll for street improvement .......,... 3
ASSESSMENT HEARING: CERTIFY DELINQUENT UTILITY BILLS
Resolution R242-00 certifYing delinquent utility bills. . . . . . . . . . . . . . . . . . . . . . . . . .. 3
ASSESSMENT HEARING: CERTIFY DELINQUENT MOWING CHARGES
Resolution R243-00 certifying delinquent mowing charges ...............,...... 4
CANVAS ELECTION RESULTS
Resolution R244-00 canvassing the returns of the election. . . . . . . . . . . . . . . , . . . . . .. 4
BRIMEYER GROUP PRESENT A TIONIPROFILE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
CONSIDER P ARTICIP A TION/METROPOLITAN LIVABLE COMMUNITIES ACT
Motion to decline to participate ............................................ 5
DISCUSS AND AUTHORIZE CONDEMNATION/EVELAND PROPERTY TO REMOVE
AG PRESERVE DESIGNATION. . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . .. 5
ORDINANCE NO. 270rrOWERS AND ANTENNAS ..........................,.. 6
WATER AND SEWER BILLING SERVICE
Motion to renew contract with Connexus Energy .............................. 7
AMENDMENT TO ORDINANCE NO. 112, PUD ORDINANCE .................... 7
Motion to approve amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
RESCHEDULE BUDGET WORKSHOP
Motion to schedule budget workshop on November 14,8 p.m. . . . .. . . . . . . . .. . . . . .. 9
SCHEDULE CONTINUATION OF JOINT MEETINGIP ARK BOARD ............... 9
SET COUNCIL WORKSHOP/ANDOVER HIGH SCHOOL/IPOO-18/STREET AND
UTILITY IMPROVEMENTS
Motion to schedule workshop on November 14, 6 p.m. .......,................. 9
Regular Andover City Council Meeting Minutes - November 9, 2000
Table of Contents
Page ii
RECEIVE TRAFFIC STUDY/ANDOVER HIGH SCHOOL...., .............. ,.... 10
ACCEPT RESIGNATION/JOHN HINZMAN, CITY PLANNER/AUTHORIZE
ADVERTISEMENT OF POSITION
Motion to so move ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
CONTRIBUTION FOR 2001-2003/ANOKA AQUATIC CENTER
Motion to approve ..................................................... 10
MAYOR/COUNCIL INPUT
Policies for 2001 legislative session. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Scholarship fund/Howard . . . . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II
Item 18: Town home development in Coon Rapids. . . . . . . . . . . ., . . . . . . . . . . . . . .. 11
Lions Club application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
PAYMENT OF CLAIMS ................................................... 11
ADJOURNMENT ...,.................................,......,............ 11
CITY of ANDOVER
REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 9, 2000
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack
McKelvey, November 9, 2000,7;00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota.
Councilmembers present: Tony Howard, Don Jacobson, Mike Knight, Ken OrtteI
CounciImembers absent: None
Also present: City Attorney, Barry Sullivan
City Engineer, Scott Erickson
City Finance Director, Jim Dickinson
Acting City Administrator, Dave Carlberg
Others
RESIDENT FORUM
Mayor McKelvey thanked all the people in the City who voted and for those who voted for him. He
did not prevail, but he will continue to be the watchdog at the Council meetings for the next two
years.
Carroll Abbott. 2978 142nd Lane - congratulated those new officers of the Council. He asked about
the City's policy on the receiving of gifts from developers, etc. He heard a rumor that some City
Staff and possibly Councilmemb.ers went to the Dakotas on a hunting trip to a ranch that belonged
to a developer in the City. If it is true, it leads to corruption, which is not needed in Andover. The
Council explained they and Staff are governed by State law regarding gifts. Mr. Carlberg stated he
will mail a copy of that law to Mr. Abbott.
AGENDA APPROVAL
Remove Item 23, Approve Contribution for 2001-2003/Anoka Aqillltic Center, from Consent
Agenda for discussion.
Motion by Knight, Seconded by Jacobson, approval of the Agenda as amended. Motion carried,
unanimously.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 2
CONSENT AGENDA
Item 16 Authorize Right-of-Way Plat at High School LocationJIPOO-18/Andover
Boulevard Extension - Phase I (High School Location)
Item 17 Order Preparation of Plans and Specs/IPOO-18/ Andover Boulevard Extension
(High School Location) (Resolution R238-00)
Item 18 Proposed Town Home Development/South of 133rd and Hanson/Coon Rapids
Item 19 Approve CorrectionlResolution Approving Vacation of EasementINorth Valley
Ridge (Resolution R239-00)
Item 20 Approve Special Use Permit/Home Occupation/3928 I 68th Avenue
NW/Dziedzic (Resolution R240-00)
Item 21 Fixed Asset Policy and Procedure Update
Item 22 Trade Used Equipment for One New Sidewalk Plow
Item 23 Approve Ordinance Amendment/Ordinance No. 233/Dog Licensing Requirement
(the updated version presented to the Council this evening)
Item 24 Approve Quotes/Purchase of Trees at Various Parks
Item 26 Reduce Escrows/Developer Improvements/Woodland Estates 2nd Addition
Item 27 Reduce Escrow/Site ImprovementfThe Farmstead (as corrected by the Engineer)
Item 28 Approve Copier Lease for Building Department
Item 29 Withdraw Pending Assessment Request/1680 Andover Boulevard NW/IP99-
37/Palo
Motion by Knight, Seconded by Jacobson, to approve the Consent Agenda. Motion carried
unanimously.
APPRO V AL OF MINUTES
October 10, 2000, Special Joint Meeting with Planning Commission: Correct as written.
October 17, 2000, Regular Meeting: Correct as written.
October 19, 2000, Special Meeting with Park Board: Correct as written.
Motionby Knight, Seconded by Ortte!, to approve the October 10 and October 19 Meeting Minutes.
Motion carried unanimously.
Motion by Knight, Seconded by Jacobson, to approve the October 17 Minutes. Motion carried on
a 4- Yes, I-Present (Orttel) vote.
PUBLIC HEARING: ADOPT ASSESSMENT ROLVlP99-28/NAVAJO STREET, 173RD
A VENUE AND 175TH A VENUE/STREET PA VING
Mayor McKelvey opened the public hearing. 7: 11 p.m.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 3
(Public Hearing: Assessments/IP99-28/Navajo, 173rd, I75th, Street Paving, Continued)
Lavanna Norstrom. 17365 Navaio - stated the roadway to the Perry property on 173rd was paved
when the road was paved. At the public hearing, the Perrys said that was not used as an access to
their property. She wondered why it was paved and about the assessment. Mr. Erickson stated the
Perrys were assessed one unit, and the assessment was deferred. It is standard practice to pave
entrances to parcels to keep the gravel from coming on to the street. That was an existing approach.
The paving is all within the City's right of way and not on private property. Overall there are eight
deferred assessments in the project that are currently undeveloped. The assessment is deferred for
15 years. Ifit is developed within that time, the assessment would be paid,
Motion by Jacobson, Seconded by Howard" to close the public hearing. Motion carried on a 4- Yes,
I-Abstain (Knight) vote. 7:16 p.m.
Motion by Jacobson, Seconded by Orttel, the Resolution as prepared by Staff. (Resolution R241-00)
DISCUSSION: Councilmember Orttel stated this is the first time the deferred assessment is being
used, and he is concerned that if there are a lot of them in the future, how would the City fund them.
Mr. Dickinson stated the funds for this project would come from the street overlay and resurfacing
fund. Cash flow in this project is not a problem. In 15 years if it comes off and the City would have
to make the payment, it would look for those funds. It is an issue if the City bonds for the project.
Councilmember Orttel did not want to see the street overlay and resurfacing fund depleted because
of deferred assessments, as money is always short in that fund. Mr. Erickson did not think there
would be that many parcels that will meet the criteria for deferred assessments in the future. There
is no interest until the assessment is applied. Mr. Dickinson stated the PIR Fund was designed to
for these types of issues. This is a permanent improvement, so it is a possible source of funding to
utilize in the future. Motion carried on a 4- Yes, I-Abstain (Knight) vote.
ASSESSMENT HEARING: CERTIFY DELINQUENT UTILITY BILLS
Mr. Dickinson stated the list before the Council is the most recent. If anyone pays before it is
certified, those names will be removed. Mayor McKelvey opened the public hearing. 7:22 p.m.
There was no public testimony.
Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried
unanimously.7:220.m.
Motion by Knight, Seconded by Jacobson, the Resolution as presented. (Resolution R242-00)
Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 4
ASSESSMENT HEARING: CERTIFY DELINQUENT MOWING CHARGES
Mayor McKelvey opened the public hearing. 7:23 p.m. There was no public testimony.
Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously.
7:23 p.m.
Motion by Jacobson, Seconded by Knight, to approve the Resolution (Resolution R243-00) Motion
carried unanimously.
CANVAS ELECTION RESULTS
Motion by Jacobson, Seconded by Orttel, the Resolution as presented by Staff on canvassing the
returns of the election. (Resolution R244 declaring Mike Gamache as Mayor; Mike Knight and Ken
Orttel as Councilmembers, 4-year terms; and Julie Trude as Councilmember, 2-year term) Motion
carried unanimously.
BRlMEYER GROUP PRESENT A TIONIPROFILE
Jim Brimeyer of the Brimeyer Group, Inc., reviewed the draft copy of the position profile for the City
Administrator position. The profile consists of a description of the community, background,
experience and managerial style as a result of meeting with Council members, candidates and
members of the community. It also contains the community and position priorities. He asked for
changes and corrections, hoping to be able to have it printed tomorrow. They have a mailing list of
people they want to send it to.
Mr. Brimeyer stated corrections will be made on page 2 regarding the new elementary school to be
built in Andover, a correction to the name of the middle school to Oak View and referencing the
Meadow Creek Christian Schoo!. He will also make reference to the Bunker Hills golf course in the
Regional Park and the Woodland Creek golf course. On pages 3 and 4 for the position, it has been
suggested that more reference be made to the public relations aspect of the position and the liaison
it performs in terms of working with neighbors, other entities, etc. The background and experience
list starting on the bottom of page 4 is a consolidation of what they heard people wanted in
management style and experience. If there is a difference of opinion on the Council, he suggested
now is the time to discuss it, not once the candidates have been chosen. He also pointed to the
timetable for the December 8 deadline for applications, presenting the candidates to the Council on
December 19, interviewing them on January 5 and 6, 2001, with a starting date of February, 2001.
The Council discussed the Community and Position Priorities. It was generally felt that some of
them are too specific and not necessarily priorities. The consensus of the Council was the third item
should include working with all of the various groups in the City, not just the athletic groups.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 5
(Brimeyer Group Presentation/Profile, Continued)
Exploring the development of a Community Center and the building of an ice arena may not
necessarily be priorities. It should say to analyze the needs for community recreational activities.
Also, they proposed the new administrator look over the overall housing planning program, not the
specific program. Ideas are needed. Mr. Brimeyer agreed to broaden those items.
Councilmember-elect Julie Trude agreed with the Council's comments. She liked the idea of
analyzing community recreational activities. Regarding the Metropolitan Council issues, she felt
they want to look for someone with experience in dealing with mediation and regional governments.
Discussion was then on the starting salary range. Mr. Brimeyer stated what is shown indicates the
high and low to the City's steps for that position. After discussion, it was agreed to publish the
starting salary range from $73,000 to $85,000. It was understood the salary would be negotiated
with the top candidate. The Council agreed to meet at 6 p.m., on Decemb.er 19 for the presentation
of candidates prior to the regular meeting. It was also suggested the interview dates b.e flexible with
the possibility of interviewing on one of the following two weekends if January 5 and 6 does not
work out. Mr. Brimeyer agreed but noted he personally would not b.e available on either of the other
two weekends. For now he will stay with January 5 and 6.
CONSIDER PARTICIPATIONIMETROPOLlTAN LIVABLE COMMUNITIES ACT
Motion by Jacobson, Seconded by Orttel, to decline to participate in the Livable Communities Act
in the calendar year 2001. Motion carried unanimously.
DISCUSS AND AUTHORIZE CONDEMNATIONÆVELAND PROPERTY TO REMOVE AG
PRESERVE DESIGNATION
Mr. Carlberg explained this is for the potential development of ball fields to the west of the high
school site. Based on the City Attorney's opinion, eminent domain proceedings is the only realistic
way to remove the Ag Preserve designation fÌ'om the property, but it must b.e less than 10 acres. This
could also be an item of discussion at the special meeting for the high school. Possibly the first step
would be to establish a task force to determine the need, size of fields, etc. The school district has
not yet settled with Mr. Eveland, and it appears it will be after the first of the year before the award
is done. Mr. Eveland has not objected to the under 10 acres for the ball fields, which could be done
potentially as a donation or tax break.
Councilmember Orttel stated he has talked with Mr. Eveland, who understands the City's
predicament. He stated he is willing to approach Mr. Eveland about the situation. Mr. Erickson
stated softball fields will fit in 10 acres, but not ifthe fields are any larger. The high school needs
fields for fast pitch softball, which could be accommodated. There is an issue of the wetland in the
area. Councilmember Jacobson suggested establishing the task force now to have the information
on what is needed, how it will fit, etc., before meeting with Mr. Eveland.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 6
(Condemnation/Eveland Property to Remove Ag-Preserve, Continued)
Mr. Carlberg agreed to come back to the Council at the next meeting with names of individuals ITom
the Park and Recreation Commission, representatives of the school district and athletic associations,
etc., to be appointed to a committee to look at the design of the area. Mr. Erickson thought the
school district already had a survey of the area. He felt the City's maps are accurate, but the area
could be staked. Some preliminary layouts have already been done.
APPROVE ORDINANCE NO. 270nOWERS AND ANTENNAS
Mr. Carlberg explained the ordinance is to regulate the construction of towers and antennas in the
City. The City has received comments ITom legal counsel of AT&T, Minneapolis, and he felt those
comments and issues raised need to be addressed by the task force which created this ordinance. He
asked that the ordinance be tabled for them to look at those issues.
Councilmember Jacobson stated he too had several comments and agreed to make copies of them
for the task force to consider. As written, however, he did not see how the ordinance addresses the
concerns that were raised that brought about the moratorium on towers and antennas. Mr. Carlberg
referred to Page 4, Section 5 which addresses the issue of locating towers in residential districts. It
cannot be placed on residential property such as the one on South Coon Creek Drive.
Councilmember Jacobson also noted the ordinance talks about a request to locate the antenna on
transmission lines, They would be put on the poles, not the lines. He pointed out that according to
the ordinance, there could be an antenna on every utility transmission pole in the City.
Councilmember Knight referenced Page 9, Section 9, Tower Setbacks, Subsection 2. He did not feel
a specification in writing by a structural engineer that the collapse of the tower will occur unto itself
was worded strong enough. He preferred to say it would be certified in writing. What if it is wrong?
There is no recourse. Attorney Sullivan agreed "certifY" is better than "specifY". He reminded the
Council this ordinance needs to be back by January for approval.
Councilmember Howard asked what is to stop them ITom putting different kinds of towers on the
same parcel. Mr. Carlberg pointed to Page 6, Section 8, Subsection 2 regarding monopole designs.
Councilmember Jacobson noted a monopole is a self-supported tower. The last sentence should read
"Lattice or self-supported towers other than monopoles are prohibited." Councilmember Ortte1
noted typically lattice poles are constructed to collapse within their own radius. He was concerned
that monopoles are much more likely to tip.
Councilmember Knight suggested it be clarified that the Park and Recreation Commission would
make a recommendation to the City Council regarding the placement of towers in the parks, and the
City Council would make the decision.
8
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 7
(Ordinance No. 270/Towers and Antennas, Continued)
The Council agreed to bring these comments, those of Council member Jacobson and those of the
letter from AT&T's attorney to the task force, then bring it back for consideration within a few
weeks.
WATER AND SEWER BILLING SERVICE
(Councilmember Jacobson stepped down for this item because of a conflict of interest.)
Mr. Dickinson asked the Council to approve a three-year extension of the billing services contract
with Connexus Energy. The relationship with Connexus has been very good with no complaints
from the residents. For Staff to undertake the billing would be cost prohibitive. Other options to
discuss would be to offer more options to the residents. Currently Connexus reads the water meters
quarterly and does the billing quarterly for water, sewer and street lighting services.
Mr. Dickinson explained some residents have asked for the ability of having a budget plan. Not
everyone may want it. To change meter reading to do it monthly would cost $8,000 to $9,000 per
year. If a budget plan was offered, the meters would still be read quarterly. The residents would pay
the estimate the first three months and make up the difference the fourth month. As more history
develops, the budget would be more accurate. Connexus would charge an additional 30 cents for
each type of service the City is billed for. It could add up to 95 cents per bill for all three services.
The question is does the Council want to see the extra options knowing more costs are involved.
Councilmember Orttel suggested another option would be to bill the additional cost each month for
the options. Currently those charges are taken care of out of the proprietary funds. He suggested a
survey be done to see if the residents would like to have the budget plan knowing they would pay
the additional fee. Mr. Dickinson stated Connexus is willing to add a survey with the billing at a cost
of 2 cents per insert. The Council generally agreed the survey should be taken.
Motion by Orttel, Seconded by Knight, recommending the City renew with Connexus with the status
quo and to relook at this after the survey has been done by Connexus. Motion carried on a 4- Yes,
I-No Vote (Jacobson) vote. (Councilmember Jacobson returned to his Council seat.)
APPROVE AMENDMENT TO ORDINANCE NO. 112, PUD ORDINANCE
Mr. Carlberg stated a number of PUDs have been submitted to the City recently, and they will be
going under the old ordinance, not this amendment. The contract rezoning is in place. This is a
correction to Ordinance 112.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 8
(Amendment to Ordinance No, 112, PUD Ordinance, Continued)
Councilmember Jacobson referred to Page 6, Section 15, a, subsection 1. He suggested the second
to last line read "...on the public and constructed right-of-way..." The intent is the street should be
constructed, not a bare right of way. Mr. Carlberg suggested the language "publicly dedicated and
maintained right of way" be used because that is the language in other ordinances. Council agreed.
Page 7, paragraph c, use that same language,
Page 7, 3, subsection b, change to read "All hard surfaced areas shall be surfaced in accordance..."
The intent is not to hard surface parks, wetlands, etc. Councilmember Ortte! stated the landscaping
in this context might mean vegetation such as grass, water, etc. Possibly that should be clarified.
Page 8, subsection b, to begin "AI! hard surfaced areas shall be surfaced..."
Mr. Carlberg stated at the joint meeting with the Planning Commission, the Council raised the issue
of the City's enforcement of covenants. Legal Council has said the City does have the ability to do
that. Any changes to the covenant would have to be approved by the City, and that language will
be required in covenants. The other issue is a super majority vote on PUDs. Any multi-family and
commercial areas require a contract rezoning, which requires a four-fifths vote. That contract
rezoning goes hand and glove with the PUD Ordinance, Legal Counsel has said that is permissible.
In that process, the same procedure as state law is being followed regarding public notices, hearings,
etc. Councilmember Orttel felt the problem is with property that is already properly zoned. The
Council doesn't have the ability to require more than a majority to approve a PUD which changes
the character of the zoning drastically. In that case, the contract zoning would be avoided. He didn't
know if the law would allow the City to require a super majority in those instances.
Mr. Carlberg explained town homes, M-l, M-2 and commercial PUDs wil! be contract rezoning in
the new ordinance, with the PUD on top of that. Mr. Sullivan stated covenants typically are in
perpetuity to use the property in a given way. If the covenant is not being enforced, the City would
have the ability to do the maintenance, etc., and assess it back to the property owners or get a court
order to compel them to enforce the covenant.
Councilmember-elect Julie Trude felt the enforcement clause needs to be considered carefully. She
lives in a subdivision that has a covenant, and her experience is that nothing is done to those who
do not follow it. It is frustrating to them, but most people do not want to take the issue to court.
Attorney Sullivan stated the enforcement of covenants by the City would apply only to those items
that directly related to the City. The City is not the law enforcement agency for those private items
of the covenant. Mr. Carlberg stated the concern is the City does not want to become an enforcement
agency involved with the housing styles, types of buildings, etc. The enforcement of covenants by
the City would relate to the PUD itself, the common areas and the inrrastructure, Any changes to
the documents that affects the common areas would need Council approval.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 9
(Amendment to Ordinance No. 112, PUD Ordinance, Continued)
In a discussion on the enforcement of covenants, Councilmember Knight was concerned that after
20+ years, ownership changes hands, the covenants are not enforced and the quality of the area
disintegrates. Councilmember Orttel stated the City has no enforcement of covenants dealing with
the restoration of private property. It can deal with the issues affecting public safety or affecting the
City at large and then bill it back. Attorney Sullivan didn't believe the City submits itself to liability
because a covenant is required. Liability would remain with the property owners. Councilmember
Jacobson did not believe government should be getting involved in the private portions of covenants
such as color and material of houses, etc., as long as the zoning ordinance and standards ofthe City
are being met. The City enforces the health and welfare rules.
Councilmember-elect Trude didn't see that the City would review the covenants. Mr. Carlberg
stated there is legal counsel review on Page 3, Section 4, c. 3. An addition to the second to last
sentence should be made that includes "...approved by the City Attorney prior to the recording of the
final plat." Council agreed.
Motion by Jacobson, Seconded by Howard, to approve the ordinance amendment to Ordinance No.
112 with the discussion and few changes discussed tonight; and that we ask the City Attorney to look
at the issue of a super-majority on the particular area raised by Councilmember Orttel (for PUDs on
property that is already properly zoned). Motion carried unanimously.
RESCHEDULE BUDGET WORKSHOP
Motion by Knight, Seconded by Jacobson, to schedule a budget workshop following the EDA at
approximately 8 p.m. on the 14th of November. Motion carried unanimously.
SCHEDULE CONTINUATION OF JOINT MEETING/PARK AND RECREATION
COMMISSION
Because some of the items to be discussed are policy issues, it was generally agreed to hold the
meeting after the new Council takes office after the first of the year. Staff was asked to come back
to the next meeting with possible dates for after January 1,2001.
SET COUNCIL WORKSHOP DATE/ANDOVER HIGH SCHOOVlPOO-I8/STREET AND
UTILITY IMPROVEMENTS
Motion by Orttel, Seconded by Jacobson, to set a special workshop on the Andover High School
issues for 6 o'clock on the 14th of November, 2000, Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 10
RECEIVE TRAFFIC STUDY/ANDOVER HIGH SCHOOVSET MEETING DATE
Mr. Erickson suggested the item be tabled to November 14. After that meeting, he suggested a date
be set to meet with school and county representatives. The Council agreed.
ACCEPT RESIGNATION OF JOHN HINZMAN, CITY PLANNER/AUTHORIZE
ADVERTISEMENT OF POSITION
Motionby Jacobson, Seconded by Knight, to accept with regret the resignation of John Hinzman and
wish him well in his new position. Motion carried unanimously.
APPROVE CONTRIBUTION FOR 200I-2003/ANOKA AQUATIC CENTER
Councilmember Orttel explained the City has made a $4,000-per-year contribution for the swimming
pool to the City of Anoka, and for that the residents of Andover get to use the facility at a discount.
He assumed the City has done some analysis as to the value. He didn't have a problem with the
contribution, but didn't feel park dedication fees, which are capital outlay funds, should be converted
to operating funds. Giving park dedication fees to the City of Anoka to operate the pool is not
proper. Councilmember Jacobson asked what is the amount of the discount Andover residents get
and how many residents take advantage of the opportunity.
Mr. Dickinson stated Staff will be asking for a report and will bring that back to the Council. He felt
the most appropriate fund for the contribution would be the General Fund. Mayor McKelvey felt
it should come from some place in the Park budget because it is recreational. After further
discussion, the Council agreed to participate in the program, but asked Staff to get a report to justifY
it and to find another source of funding, possibly with a recommendation from the Park and
Recreation Commission.
Motion by Knight, Seconded by Orttel, to participate in the program as proposed. Motion carried
unanimously.
MA YOR/COUNCIL INPUT
Policies/or 2001 legislative session - Mr. Carlberg noted the Council has received copies of polices
to be considered for the 200 1 legislative session by the League of Minnesota Cities and by the AMM.
He asked that the Council prioritize the policies and get them to him, so he can forward them to the
appropriate groups.
Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 11
(Mayor/Council Input, Continued)
Scholarship fund - Councilmember Howard thanked the Council for his appointment, stating he
didn't realize the Council earned money. He didn't expect any, stating it was an investment of his
time and to learn how the process really works. He stated he will use the Council salary to establish
a scholarship fund for athletics for male and female students at the new Andover High School. He
expressed appreciation for the opportunity to serve as Councilmember. The Council thanked him
for his service.
Item 18/Townhome development in Coon Rapids - Councilmember Orttel noted the proposed
development will be entirely in the City of Coon Rapids. Mr. Carlberg explained the access is
proposed on the existing compost road, which is entirely in the City of Andover but is not a
dedicated right of way. Councilmember Orttel felt someone should be put on notice that Andover
is being held hostage on the widening of Hanson Boulevard by Coon Rapids. If the access to the
proposed development is in Andover, it has some trading material. He felt the City has the ability
to negotiate the bottleneck on Hanson Boulevard between Highway 242 and Bunker Lake Boulevard.
He felt the City should start planning this right away. The county should also be involved. Mr.
Erickson noted a lot of discussion is needed on this proposal. Staff will monitor the issue.
Lions Club application - Councilmember Orttel stated prior to the last meeting which he was unable
to attend, he had been told Monday night that something will happen at that meeting. Before he got
back that Tuesday night, two people were at his door about the issue of the gambling license
approved at that meeting. Apparently the documents were not properly submitted, but the Council
approved it because it was an emergency situation. That is almost word for word what was said a
year ago in the back room. The Mayor said the application had been received just 10 days prior to
that meeting. He called the state, who maintained they were printed July 10 and were mailed the
end of July. Plus they would accept it as late as December. He didn't know of anyone else in the
City who could put an uncompleted item on the Agenda the afternoon of a Council meeting. Mayor
McKelvey stated the application was received from the State just 10 days before the meeting. He
has since talked with the State, who has agreed to try to send them out earlier in the future. There
was a three-month backlog on those applications.
PAYMENT OF CLAIMS
Motion by Jacobson, Seconded by Howard, to approve the payment of Claims. Motion carried
unanimously.
Motion carried unanimously. The meeting