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HomeMy WebLinkAboutSP May 29, 1985 ~ 01 ANDOVER SPECIAL CITY COUNCIL MEETING - MAY 29, 1985 AGENDA " Call to Order - 7:30 P.M. 2. Agenda Approval 3. Shoreland Management Ordinance 4 . Ordinance No. 40C/Lot Split Ordinance 5. Stop Signs - Red Oaks 6 . Ordinance No. 32E/Sanitary Sewer 7. Ordinance No. SSE/Municipal Water 8. Lower Rum River Management Agreement 9. Anoka/Andover Drainage Agreement 10. Key Communicator Policy 1" Ordinance No. 8,-Review 12. 13. 14. Approval of Minutes 15. Adjournment 1 ~ 01 ANDOVER SPECIAL CITY COUNCIL MEETING - MAY 29, 1985 MINUTES The Special Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on May 29, 1985, 7:45 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Engineer, James Schrantz; and City Clerk/A. Administrator, P. K. Lindquist AGENDA APPROVAL MOTION by Knight, Seconded by Orttel, to approve the Agenda. Motion carried unan lmous ly. SHORELAND MANAGEMENT ORDINANCE Planning and Zoning Commission Chairman Don Jacobson explained the Council needs to adopt a Shoreline Management Ordinance because the State Legislature passed a law requiring it. He has asked the DNR for the specific bodies of water in the City of Andover that would be affected by this ordinance, and they have named eight bodies of water in Andover. The Planning Commission basically followed the model ordinance, but they also kept in the regulations in Ordinance 8 shoreland's section because there are other bodies of water in the City that this ordinance does not address. The only concerns the DNR now have about the proposed ordinance is the lot sizes and setbacks along Crooked Lake and Round Lake. Chairman Jacobson stated the Commission justified its position because those areas are in the sanitary sewer area and are already platted and developed. Chairman Jacobson also noted they wanted septic systems that were not put in legally to be upgraded within a five-year period. The Commission did not go along with that; however, it wouJd appear that that may be forced upon the City in the near future. He stated there was no public input regarding this ordinance. Council raised several concerns with the ordinance: 1) Who defines and determines nonconforming or substandard uses? (Page 3, Item #3) Some of the lot sizes or setbacks may not meet minimum standards of this ordinance. Would they not be allowed to rebuild if the home burned down? Would they be allowed to build a deck, an addition to their house or add a garage? Chairman Jacobson stated the definitions are per the existing Ordinance 8. He also stated this would apply to new lots and houses; as Page 4, #B permits existing development. Everyone agreed a phrase should be inserted noting substandard or non-conforming uses are defined pursuant to the existing Ordinance 8. Chairman Jacobson was also asked to have the DNR write a letter as to their position on substandard lots and houses, using examples as to what would happen if a house burned down or someone wanted to add a deck or garage to their house. 2) Page 2, paragraph on Shoreland Overlay District: There was some concern that with this ordinance applying to 1,000 feet around the eight bodies of water, with the restrictions in the Scenic Rum River Ordinance, and with the restrictions in the wetlands ordinance, that a great portion of the City is very restricted for development purposes. Since Item 2 in this paragraph, "300 feet from a river or stream or the landward extent of a flood plain on such rivers or streams, whichever is greater," does not apply, it was suggested this should be taken out. Severa I Councilmen had a problem with the unnamed bodies of water that would be protected Special City Council Meeting May 29, 1985 - Minutes Page 2 (Shore land Management Ordinance, Continued) in this ordinance, and it was felt that they were basically swampy or marshy areas. Also, some have not been surveyed. It was also felt that 1,000 feet from these bodies of water is quite a distance, and in some areas it actually extends into platted areas. Council felt it would be more appropriate to apply only to the first tier of lots around these bodies of water. 3) Council directed that the City Attorney review the proposed ordinance. 4) Page 4, Section IV - There was concern that the interpretation of this can become as restrictive as that of the Scenic Rum River Ordinance where property owners are severely restricted as to what they can do with their property. In general, the Council was concerned that this ordinance along with the others the City was forced to adopt through legislation covers much of the City, severely restricts the uses of those properties involved, plus takes away from local control because any variance needs DNR approval. MOTION by Knight, Seconded by Elling, to table this until Don Jacobson can get more clarlfication. Motion carried unanimously. ORDINANCE NO. 40C/LOT SPLIT ORDINANCE MOTION by Knight, Seconded by Lachinski, to adopt Ordinance No. 40C as presented, an Ordinance amending Ordinance No. 40 and Ordinance No. 40A entitled "An ordinance regulating the division of residential lots within the City of Andover". Motion carried unanimously. ORDINANCE NO. 32E/SANITARY SEWER MOTION by Lachinski, Seconded by Orttel, adopting Ordinance No. 32E, an ordinance amendlng Ordinance No. 32C, adopted the 1st Day of June, 1982, known as the Public Sanitary Sewer Ordinance. Motion carried unanimously. ORDINANCE NO. 55E/MUNICIPAL WATER MOTION by Orttel, Seconded by Lachinski, introducing the adoption of Ordinance No. 55E, an ordinance amending Ordinance No. 55, adopted the 5th Day of May, 1981, known as the Municipal Water Ordinance. Motion carried unanimously. STOP SIGNS - RED OAKS Council briefly reviewed the Engineer's May 17, 1985, report for stop sign request on 139th Avenue at Quinn Street in Red Oaks. Councilman Elling stated he sat on the corner for several nights observing the traffic and saw no indication there is a problem there. Council agreed with the Engineer's recommendation that the area is properly signed as is. LOWER RUM RIVER MANAGEMENT AGREEMENT Mayor Windschitl questioned how the assessed valuation will be calculated. Mr. Schrantz stated they would have to use last year's valuation with the figures to come from the County. After discussion it was agreed the wording "assessed valuation as of January 1 of the previous year" should be added to the proposal so there will be no confusion. Special City Council Meeting May 29, 1985 - Minutes Page 3 (Lower Rum River Management Agreement, Continued) Councilman Orttel had some concern of having only four members on the board, indicating there would be no means of breaking a tie vote. Councilman Knight stated it allows for one vote per city; and the agreement calls for a unanimous vote in some situations. Discussion also noted that some of the property within the Coon Creek Watershed area has been piped to the Rum River Watershed, and these areas should not be paying for two watersheds. Mr. Schrantz stated the specific areas will be separated and no one will be paying for two watersheds. MOTION by Orttel, Seconded by Elling, that we approve the Rum River Watershed Management Organization joint powers agreement and authorize the Mayor and Clerk to sign the same. Motion carried unanimously. ANOKA/ANDOVER DRAINAGE AGREEMENT Council questioned why the City would get involved in this agreement, as it is basically between the developer, Lary Carlson, and the City of Anoka. Mr. Schrantz stated the City of Anoka wants an agreement with the City of Andover, not the landowner (Reference the May 17, 1985, memo from the Engineer to Mayor and Council on this matter). He also stated the agreement mentions the six areas that Anoka and Andover drain from one city to the other so that everyone is aware of that situation. However, the agreement only deals with the Woodland Terrace drainage. The problem Anoka is having is Andover is taking water out of the Coon Creek Watershed District and putting it into the Rum River district. The water from Woodland Terrace will be piped to the Chutich pond and will overflow into the City of Anoka. Anoka is concerned about adding additional water to their ponds and want participation in their drainage system as all of their developers are required to do. Mr. Schrantz thought Mr. Carlson had agreed to pay the $31,200 to the City of Anoka for the storm water from his plat to be drained to the Chutich pond, then through Anoka's storm sewer. The cost was determined by inflating the square-acre cost of the project done in 1986. He also stated that because the property involved is outside the Rum River Watershed, the City of Anoka could refuse to allow the drainage to come into their system. The developer is beginning construction soon, and the final determination on storm drainage for the plat must be decided before then or the plat will be held up and the draiange redesigned to use the Coon Creek Watershed. The Council was concerned about the agreement, still feeling it should be between the City of Anoka and the developer, that Andover does not need to be involved. It was also felt that the entire problem of drainage between the two cities should be addressed by the Rum River Watershed Board, that this is not the forum to address those problems. There was also concern by the Council that the agreement is open ended, questioning whether the six areas not being addressed in the agreement should even be mentioned. It was asked what would happen if the overflow between the Chutich pond and the City of Anoka were closed off. Then no agreement would be needed between the cities. Mr. Schrantz stated the pond is not large enough to hold all of the water draining into it; it needs an overflow. Council asked that it be determined how much acre feet would need to be excavated in the Chutich pond to hold Andover's drainage without the overflow, including that of Woodland Terrace, though it was also acknowledged that there is some drainage into that pond from the City of Anoka as well. Recess at 9:20; reconvene at 9:30 p.m. Special City Council Meeting May 29, 1985 - Minutes Page 4 (Anoka/Andover Drainage Agreement, Continued) Discussion on the storm drai~age agreement between the Cities of Andover and Anoka continued. Council then suggested the basis for assessing Mr. Carlson for storm drainage would not be for the City of Anoka but for the City of Andover. It was felt this property should be paying an equal amount for the storm drainage in Andover for the pipe and a portion of the Chutich pond as everyone else did in the original 1980 project. The Engineer was asked to determine exactly what has already been paid toward storm drainage from the property and what their the remaining share would be. Mr. Schrantz stated the City has never indicated to the developer that a storm drainage fee would be owed to Andover as a share of the storm drainage system in that area. The only discussions have been the fee to the City of Anoka, which Mr. Carlson has agreed to. The Engineer was also asked to research the Minutes and other documentation relating to the 1980 storm draioage project and acquisition of the Chutich pond. Council asked that the numbers be calculated'ðsto how much additional flow and volume will be added to the system from the Woodland Terrace plat. Mr. Schrantz stated there would be no more of a rate of flow, but there will be a large volume difference. MOTION by Elling, Seconded by Orttel, to move this item to the June 3 meeting. Motlon carried unanimously. KEY COMMUNICATOR POLICY The Clerk reported she talked to many individuals at the Tri-City News and found everyone blaming everyone else for why Andover's Fire Department was not featured on the front page as promised and why Andover's news was at the end of the paper when the City was originally told they would be first. She stated she did get to proof the copy before it was printed, but she did not see the layout. So she had no idea this was happening until the paper came out. She has a meeting with those involved this Friday to find out what is going on. It is also rumored the paper is not making money and may not continue to be published. Mayor Windschitl also noted he has talked with Jim Stewart about the City's concern over the Key Communicator and Community School Coordinator's role in Andover. After some discussion, there was general agereement by the Council at this time that the park and athletic association activities should be coordinated by the Park Board and staff. It was questioned what role an Advisory Community School Component would be, thinking that may already be done by Andover's representative to the Community School Advisory Board, Fritz Anderson. It was felt the Key Communicator/Crime Watch program is important but should be scaled back to the scope it was originally intended, that of organizing: the neighborhoods for Crime Watch purposes. Council also felt the Community School and Senior Citizen programs are important and should be continued. But there was concern that these three major areas -- Crime Watch, Community School, and Senior Citizen program -- would suffer if all the other responsibilities were added to the position. It was not decided whether or not the position would continue as the Tri-City News coordinator. Council agreed to meet with Jim Stewart about the situation either at a special meeting or the next regular Council meeting. ORDINANCE NO. 8 REVIEW MOTION by Elling, Seconded by Knight, that we hold a Special Council Meeting on dune 20 for the purpose of discussing Ordinance 8. Motion carried unanimously. I Special City Council Meeting May 29, 1985 - Minutes Page 5 WATERMAIN EXTENSION/IP85-8 Mayor Windschitl reported he talked with representatives of Good Value Homes regarding the assessments for the proposed project. He thought they finally understood that they would not be assessed for any improvement that would go into the residential areas, that everyone on the water system would be paying exactly the same indexed rate. He stated they should be coming in with a letter stating they will accept their portion of the assessment for oversizing the water tower and to bring the watermain across the creek to Speedy Market, which would include the two- year deferral of the assessment. He felt this takes the risk out of the project and would mean the Council could proceed with that portion of the project. Council briefly discussed the proposed project, its benefits and drawbacks. This item is to be discussed at the June 3, 1985, special meeting. ANOKA COUNTY LIBRARY Mayor Windschitl stated the Anoka County Library Board has decided it will phase out the funding for the City of Anoka library. He suggested the City do whatever possible to encourage the establishment of a library within Andover, either by convincing a developer to construct the building or the City find some vehicle to build or obtain one. Because there are no plans to place a library within Andover, he thought the City would have to put some pressure on the Board to get a facility in Andover. Councilman Elling stated he knew of someone who is very knowledgeable regarding economic development in cities and asked if the Council would like to meet with that person. Council felt it would be very helpful and suggested Councilman Elling schedule him to talk with the Economic Development Committee. APPROVAL OF MINUTES March 19, 1985: Page 4, statement by Windschitl, add "He thought there might be a possibility of assessing interior lighting, but expressed difficulty in doing it." MOTION by Lachinski, Seconded by Elling, that we approve the Minutes of March 19 as amended. Motion carried unanimously. April 2, April 10 Board of Review and Special, April 4, and April 16, 1985: Correct as written. MOTION by Orttel, Seconded by Lachinski, to approve those Minutes as written. Motion carrled unanimously. May 7 and May 14, 1985: Correct as written. MOTION by Orttel, Seconded by Lachinski, that we approve the Minutes of 5/7 and 5/14 as wrltten. Motion carried unanimously. ANDOVER VOLUNTEER FIRE DEPARTMENT Mayor Windschitl noted some of the problems other Departments have had regarding the appointment of a fire chief; and he suggested the matter be placed on a future agenda as to whether Andover's selection process is appropriate or should change to have the Council directly appoint the chief. Special City Council Meeting May 29, 1985 - Minutes Page 6 ADJOURN~1ENT MOTION by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 11:16 p.m. Respectfully submitted, ~~~L Marc lla A. Peach Recor °ng Secretary , '- 1