HomeMy WebLinkAboutCC March 3, 1987
:¡ ~
CITY of ANDOVER
REGULAR CITY COUNCIL MEETING-MARCH 3, 1987-AGENDA
7:30 P.M. l. Call to order
2. Resident Forum
3. Agenda Approval
4. Discussion Items
a. School District 11 Fiscal Disparity Bill
b. Bond Sale/Boisclair
5. Staff, Committee, Commission
a. Public Works/Purchase Mower
b. Approve Safety Manual
c. Park Board/Rescind Motion
d. Fire Department/House Burn
e. Adopt Ordinance 19G
f. Public Utility Budget/Employee
6. Non-Discussion Items
a. Accept Petition/Woodridge Acres/Sewer & Water
b. Set Special Meeting w/Attorney/3-5-87
c.
7. Approval of Minutes
8 . Approval of Claims
9. Adjournment
I
CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - MARCH 3, 1987
MINUTES
The Regu]ar BI-Monthly Meeting of the Andover City Counci¡ was called
to order by Mayor Jerry Windschitl on March 3, 1987, 7:30 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmen present: EI ling, Knight, Lachinskl, Orttel
Councilmen absent: Kn i gh t
Also present: City Attorney, Wi]]iam G. Hawkins; CI ty
Administrator/Engineer, James Schrantz; and
others
RESIDENT FORUM
RIchard DavIs. 15944 Tulip - has had two pet goats for the past
seven years on their one acre of land. He did not know it was against
the ordinances until he received a letter from d'Arcy Bosel]. He
asked If anything could be done to keep the pets until they die. He
understood the complaint was from the animal control who came out for
a neighbor's problem with rats. He presented a petition with about 38
names who did not object to their having goats, noting the goats are
never let loose, that they do not make any noise, that there have been
no comp]aints from any of the neighbors, and that they are strictly
pets and not used for breeding or milking.
Mrs. Davis - presented a map showing distances of the housing used
for the goats from neighboring structures.
Discussion was on the interpretation of the definitions for nodomestlc
and domestic anima]s. It was the attorney's opinion that the goats
would be considered non-domestic, and he didn't feel the ordinance as
written authorizes the issuance of a special use perml t for this use.
Several residents testified they have never had a problem with the
goats, feeling they were an asset to the area because all the ch I ] dren
enjoy them and for the use of the manure I n the gardens. Counc II
agreed to add this Item to the agenda.
AGENDA APPROVAL
It was agreed to add Schoo] District E]ementary School Site under 4a;
to delete Item 4b, Bond Sale/Boisclalre; and to add Items 4c,
Goats/Davis; 4d, Junkyard License Denial/Andover Auto Parts; 4e,
Crosstown Authorization for DNR; 4f, Community Development Block Grant
Fund Proposa I ; and 4g, Redeve]opment Property/TIF. Mayor Wlndschltl
asked for a motion to approve the Agenda.
MOTION by Knight, Seconded by Elling, to so move. Motion carried
unanimously.
I
Regular City Council Meeting
March 3, 1987 - Minutes
Page 2
SCHOOL DISTRICT 11 FISCSAL DISPARITY BILL
MOTION by Lachinskl, Seconded by El ling, di.ecting the City
Admlnistrato. to p.epa.e a letter In suppo.t of the continuation of
fiscal dlspa.ltles as It currently Is. Motion car.ied unanimously.
SCHOOL DISTRICT 11 ELEMENTARY SCHOOL SITE
Paul E.lckson and John Torseth, rep.esentlng the school district,
.evlewed a conceptual proposal for the layout of an elementary school
located on city-owned p.ope.ty south of the City Hall. The entrance
to the school would be off Hanson Boulevard on 148th. An a.ea fo. a
futu.e swimming pool was proposed, with app.oxlmately 20 acres needed
for the building site. The athletic complex consisted of five soccer
fields and fouL softball fields. In planning the area, they noted
enough property would be left should the City decide to construct a
new City Hall, a police station, a fi.e station and a library In that
area. M.. Erickson stated they plan to begin construction on the
building In August to be .eady for occupancy in September, 1988.
Counc II dIscussion on the proposal was that at least one baseball
field should be provided as well as some tennis cou.ts. There was
also some concern on using the space available efficiently and that
sufficient parking be provided In the athletic complex.
Discussion was also on the a.ea between the proposed building and
Hanson Boulevard. Mr. Erickson stated that Is a low area, and they
would prefer to construct the building on natural soil. They a.e also
thinking that area could be needed for storm sewe. d.alnage, but no
studies have been made on the storm sewer yet. They have not done any
cu t and f II I analysis of the a.ea. Counc i I asked that the school be
moved easte.ly as much as possible to maximize the use of the
property.
Mr. Erickson stated they will be presenting the conceptual I ayou t to
the school boa.d on Monday, Ma.ch 9, fo. their consideration.
Discussion was then on the const.uctlon of a pool. Mr. Erickson and
Mr. Torseth explained how the pools at Jackson and Roosevelt Junio.
Highs were constructed in conjunction with those cities. However,
legislation has since been passed affecting the city's ability to bond
for the pools.
Attorney Hawkins explained the City can go out for a general
obligation bond election, but the sale of the bond cannot be pledged
by the lease f.om the school dist.ict. However, the school dist.ict is
able to lease the pool from the City on an annual basis. The Counc II
asked the Attorney to p.ovlde a written report on thIs matter.
I
Regular City Council Meeting
March 3, 1987 - Minutes
Page 3
(School District 11 Elementary School Site, Continued)
Mr. Erickson also explained their intent Is to construct their half of
148th to access the school. It Is planned to be a driveway at this
point In time. Should the City wish to continue that as a city street
In the future, the other half of the road could be built on the tree
farm property to the south.
Mr. Erickson also noted the school is being built for possible
conversion to a middle school with grades 6, 7 and 8 or grades 5, 6,
7, and 8. If that happens, he thought another elementary school would
have to be built. The timing for that will depend on the growth In
the area.
Mayor Windschitl reported as a point of information that the Library
Board is asking the County Board for capital funds for libraries in
both Ramsey and Andover. In discussing this with the Library Board,
the Mayor felt they are very interested In preserving an area for a
II brary in the vicinity of this school.
MOTION by Orttel, Seconded by Lachinski, that the Counc i I direct the
Staff to prepare a Resolution stating the Council's general support of
the conceptual plan design for the proposed school In Andover as
presented by the architectural firm on March 3. (See Resolution
R027-87) MotIon carried unanimously.
GOATS/DAVIS
Attorney Hawkins stated there Is nothing In the ordinance that will
allow the two goats on this property, as they are clearly included
under the definition of nondomestlc animals. He suggested either a
quallfer be added to the definition of domestic animals In the
ordinance, or that the ordinance be changed to allow such uses under a
special use permit which would specify the number, distance from
neighboring buildings, etc.
After some discussion, Mayor Wlndschltl asked for a motion to refer
this matter and that of wild animals being housed In the City to the
Attorney and Planning and Zoning Commission.
MOTION by Knight, Seconded by Elling, to so move. Motion carried
unanimously.
JUNKYARD LICENSE DENIAL/ANDOVER AUTO PARTS
MOTION by EI ling, Seconded by Knight, a Resolution denying the
Junkyard LIcense of Andover Auto Parts at 13526 Jay Street as
presented. (See Resolution R028-87) Motion carried unanimously.
j
Regular City Council Meeting
March 3, 1987 - Minutes
Page 4
CROSSTOWN AUTHORIZATION FOR DNR
MOTION by Elling, Seconded by Knight, authorizing TKDA to continue
with the permit aplicatlon for Project 86-22, Crosstown Relocation,
for a cost not to exceed $1,000. Motion carried unanimously.
CDBG FUNDING PROPOSAL
Mayor Windschitl stated Instead of using the CDBG funds for the
commercial development along Bunker Lake Boulevard because that is
being financed through tax increment financing, that those funds be
used for residential renewa I . He has discussed this with the County,
and they are supportive of such uses of the CDBG funds.
The Mayor explained the problem people In Nordeen's Addition are
having when trying to sell their houses because of the blighted lots
In the area. He suggested the City use the CDBG funds to purchase
those lots. clear them to a bare lot, and then rese II them for
residential construction. The funds from those sales plus CDBG funds
from future years would be put in a revolving fund to acquire other
residential lots that need to be redeveloped.
DIscussion noted there would be enough funds this year to acquire
three lots in the Nordeen Addition, possibly four, which are the most
bl ighted lots.
MOTION by Lachinski, Seconded by Elling, directing the City Attorney
to process the necessary paperwork to Anoka County for approval for
using the Community Development Block Grant Funds for the purchase and
redevelopment of properties in the Nordeen Addition, priority of the
addresses to be: 464 157th Avenue; 15623 Kumquat, 15607 Kumquat, and
15539 Larch.
VOTE ON MOTION: YES-Elling, Kn i gh t , Lachlnski, Windschltl; PRESENT-
OrtteJ. Motion carried.
REDEVELOPMENT PROPERTY
Attorney Hawkins asked for direction from the Council regarding the
purchase of the Regan property In the proposed commercial
redevelopment area off Bunker Lake Boulevard. The property has been
placed within the hazardous waste designated area by the EPA, aSking
I f the Counc I I Is sti I I Interested in pursuing that acquisition.
There was a lengthy Council discussion on the City's efforts to
acquire property In the tax Increment financing district to be
redeveloped for Industrial/commercial businesses. In light of the
Information presented by the MPCA and EPA at the February 26 meeting
I
Regular City Council Meeting
March 3, 1987 - Minutes
Page 5
(Redevelopment Prope.ty, Continued)
regarding the haza.dous waste and potential liabilities to property
owners, it was questioned whethe. it is in the City's inte.est to
conside. properties within the designated area. Howeve., it was
strongly felt that prope.ty for comme.clal development within the City
is needed.
It was finally agreed the City should attempt to acqui.e prope.ties on
the east and west ends of the tax increment financing district and
stay away f.om the designated haza.dous waste area for now. The
Attorney was asked to continue pursuing the acquisition of the
Sonterre prope.ty but not the Regan prope.ty at this time. It was
also agreed the best p.ocedure would be to begin the .edevelopment of
the dist.ict no.th of Bunker Lake Boulevard, suggesting the City
attempt to purchase the Jellison p.operty. Also, the owner of the
property to the north of Jellison's should be approached as to his
willingness to develop the property under the tax inc.ement financing
program.
MOTION by Orttel, Seconded by Elling, to instruct the City Atto.ney
to p.oceed with the app.aisal on the prope.ty known as Anoka Auto
Wrecking and Jellison's Bunke. Lake Auto Sales; and to contact the
owners of the old Sorenson/Roth property immediately to the north of
Anoka Auto Wrecking to dete.mine if that develope. is inte.ested in
working with the City in the development of that commercial 40 acres.
Motion ca..ied unanimously.
Counc i I recessed at 9:15; .econvened at 9:25 p.m.
PUBLIC WORKS/PURCHASE MOWER
Mr. Schrantz stated the funding fo. a new mower is not in the budget;
however, the.e are unspent dolla.s in the equipment fund that could be
borrowed and paid back out of the park budget over the next five
years.
Frank Stone, Public Works Supervisor, felt eithe. the John Dee.e or
Toro would be acceptable units. The John Dee.e is the low bid wi th a
two-year war.anty, and he felt they would not lower thei. cost any
more. He stated they have had a To.o for the last th.ee yea.s and have
had no trouble with it, and he has not contacted Toro to see if they
would match the iow bid.
After some discussion, Counc i I directed either the John Deere or Toro
should be purchased, directing Mr. Stone to negotiate the Jowest price
possible.
I
Regular City Council Meeting
March 3, 1987 - Minutes
Page 6
(PublIc Works/Purchase Mower, Continued)
MOTION by KnIght. that we allow PublIc Works Department to buy a
mower not to exceed $9,229 by negotIatIng for a Toro Grounds Master or
John Deere unit, with the unIt to be paid out of the equIpment fund,
and subsequent Park Board budgets would be charged principle and
interest for five years. MotIon carried unanimously.
Mr. Stone asked for directIon on the purchase of a sweeper for a cost
of approxImately $8,000. Counc i 1 advIsed It be placed in the 1988
budget.
ANDOVER VOLUNTEER FIRE DEPARTMENT/HOUSE BURN
MOTION by EllIng, Seconded by LachinskI, that we allow the FIre
Department to burn the old Vosika property In the vincity of Hanson
and Bunker Lake Boulevard and authorize the Clerk and Mayor to sign
It. Motion carrIed unanImously.
ADOPT ORDINANCE 19G
Dav 1 d Almgren, Building OffIcIal, explained Ordinance 19G adopts the
1985 State BuIldIng Code and all other related codes. The optional
item of fIre suppression systems has an exemption of 5000 S.F. And
the floodproofing regulatIon must be adopted because the CIty has a
flood plains and flood ordinance.
MOTION by Elling, Seconded by Lachinski, introducing Ordinance 19G
as presented adoptIng the MInnesota State Building Code. MotI on
carrIed unanimously.
MOTION by Elling. Seconded by LachinskI, a Resolution establIshIng
permi t fees and service charges to be collected by the City of Andover
and amending the ResolutIon R4-81 setting forth such fees, as
presented. (See Resolution R029-87) Motion carrIed unanimously.
NFPA 13D - INSTALLATION OF SPRINKLER SYSTEMS
Ray Sowada, Fire Marshal, presented copies of the 1984 EdItion of NFPA
13D, the standard for the installatIon of sprInkler systems in one-
and two-famIly dwellIngs and mobile homes for Council information. He
stated he Is not advocatIng that sprinkler systems In resIdential
dwellIngs be requIred, but that the InstallatIon be regulated if a
resIdent decides to have one installed.
Mr. Sowada explained at the present tIme there are no InspectIons of
such installations to be sure they are installed according to the NFPA
code. He understands the existing ones are hooking onto the line in
I
Regular City Council Meeting
March :3, 1967 - Minutes
Page 7
(NFPA 13D - Installation of Sprinkler Systems, Continued)
the Inside of the house Inside the water meter. In talking to other
cities, that can cause a loss of pressure on the sprinkler system.
WI thout inspections, the City also doesn't know whether a backflow
valve is installed so the City water Is not contaminated. Most cl ties
requIre the splnkler to be hooked before the meter so the system
cannot be tampered with.
Mr. Stone stated there Is no check valve In the water meter, and was
concerned because sprinkler systems being installed are not checked to
see i f they meet code. He stated there is a chance that negative
pressure can be created If It is not properly installed.
Mayor Wlndschitl questioned whether the City should be regulating what
a resident voluntarily Installs In a house, but he agreed there should
be some method of protecting the City's water supply. He suggested if
there Is a possibility of developing negative pressure In the water
system, there should be a check value on every meter.
Counc I 1 agreed to review the standard and directed the Public Works
Department to determine whether something needs to be done to protect
the water system.
SAFETY MANUAL
Counc II agreed the Safety Manual should be referred to the Personnel
Committee to conform It to the City's personnel policies. Another
point raised was including the items which almost recite state law. If
the law then changes, the entire manual must be changed and readopted.
Mr. Schrantz stated that was an attempt to put all Information
referencIng safety in one place.
Councilman Orttel also suggested an Inventory and evauJatlon
procedures for CIty buildings, for personal property, for parks, etc. ,
be established. Mr. Stone stated they are working on that at this
time.
MOTION by Elling, Seconded by Lachlnski, that we refer the Safety
Loss Prevention Program to the Personnel Committee for further review.
Motion carried unanimously.
PARK BOARD/RESCIND MOTION
MOTION by Orttel, Seconded by Knight, that we direct Frank Stone to
halt with the installation of lights in the Cedar Crest Pond and
Prairie KnoJ 1 park. Motion carried unanimously.
I
Regular City Council Meeting
March 3, 1987 - Minutes
Page 8
ACCEPT PETITION/WOODRIDGE ACRES/SEWER & WATER
MOTION by Orttel, Seconded by El ling, a Resolution declaring
adequacy of petition and ordering preparation of a feasibility report
for the improvements of watermain and sanitary sewer, Project No.
87-4, in the Woodridge Acres Area, as prepared. (See Resol uti on
R030-87) DISCUSSION: Counc II asked that a cost also be determined
for street Improvement as weil so those figures are known at the
publ ic hearings. Motion carried unanimously.
- .
SET SPECIAL MEETING WITH ATTORNEY/BOISCLAIRE TIF BOND SALE
It was determined that a majority of the Counc i I could not meet on
the proposed date of March 5 to meet with the attorney and for the
bond sale for Bolsclaire. Attorney Hawkins stated everything Is ready
for the bond sale scheduled for March 5.
Attorney Hawkins reviewed the changes to the tax Increment contracts
for the shopping center. The bank is requiring that $800,000 be set
aside out of the original bond sale proceeds as a contingency fund.
So Bolsclalre has only 90 percent of the funds they orlglna11y planned
for. They want to be able to draw down to 80 percent of the original
amount, which is a 10 percent difference from the original agreement.
If there are unspent funds, It must be put toward the principal. He
felt the bank Is being ultra conservative, which Is to the City's
benefit as well.
Also, originally the agreement was Boisclalre would convey the
property to the City, the City would make the Improvements and lease
It back to them. The bank is now requiring a simultaneous transfer so
there is no question about the mortgage. Mr. Hawkins stated that does
not Jeopardize the City at all.
Counc II agreed to hold a short meeting specifically for the Boisclalre
bond sale at 6:30 p.m. on Thursday, March 5. Mayor Windschltl asked
for a motion to that effect.
MOTION by Elling, Seconded by Lachinskl, to so move. Motion carried
unanimously.
Attorney Hawkins recommended approval of the amendment to the
development contract which sets out the change in the transfer of the
property to a simultaneous transfer and changed the percent from 90
to 80 percent on the proceeds. He also recommended approval of the
TIF Proceeds Agreement which sets out the procedure of the bond
proceeds put In escrow. There Is also the assignment of the
development contract and an assignment of the TIF Proceeds
Agreement to the bank
Regular City Council Meeting
March 3, 1987 - Minutes
Page 9
(Special Meetlng/Bolsclalre Bond Sale, Continued)
MOTION by Orttel, Seconded by Lachlnski, that the Counc i I approve
the following documents as amended regarding the proposed Andover
shopping center: 1) Amendment and modification of note and loan
agreement for the Industrial Revenue Bonds; 2) First amendment to
contract for Private Redevelopment Tax Increment Financing: 3) Tax
Increment Financing Proceeds Agreement, the escrow for the tax
Increment financing; 4) Col lateral Assignment, assignment of
redevelopment contract to First Banks; and 5) Collateral Assignment of
Tax Increment Financing Proceeds Agreement. Motion carried
unanimously.
Discussion was also on setting a date to meet with the attorney on the
Hay lawsuit.
MOTION by Lachinskl, Seconded by Orttel, to meet at 7 o'clock at our
next regularly scheduled meeting to meet In private session with the
attorneys, and start the regular meeting at 8 o'clock. Motion carried
unanimously.
PUBLIC UTILITY BUDGET/PUBLIC WORKS III EMPLOYEE
Discussion was again on a method of providing a rebate to those In the
Sewer Fund A distrIct because their connection charge was higher than
what is being charged for the rest of the system. Various methods to
equalize the rates were discussed, Including a payback schedule
through the sewer user fees.
No decision was made on this matter at this time, agreeing to discuss
it again at the March 17 meeting when the attorney Is present.
When discussing the balances of the Utility budgets as corrected per
Counc i I direction at the February 26, 1987, meeting, it was questIoned
whether the amounts used for the expenses for the computer for 1987
were accurate. Mr. Schrantz noted by reallocating the computer
expenses to 50 percent in the General Fund, the General Fund would be
over budget.
Counc II agreed both the General Fund and UtilIty budgets must balance.
Also, Councilman Lachinski agreed to determine the costs for the
computer system In 1987.
DiscussIon was then on hirIng another Public Works III employee. Mr.
Schrantz explaIned with the computer reduced to 20 percent In the
Utility budgets, there Is enough money to hire another full time
Publ ic Works III employee, feeling another employee is needed in that
Department.
Regular City Council Meeting
March 3, 1987 - Minutes
Page 10
(Public Utility Budget/Public Works Employee, Continued)
Counc i I discussed the qualifications of those interviewed for the
position. Mr. Schrantz and Mr. Stone had no problem hiring Scott
Protivinsky; as he Is qualified for the position and meets the
preference test with regard to the Fire Department.
MOTION by Orttel, Seconded by Elling, that the City offer employment
to Scott Protivinsky at the rate of $7 per hour for Public Works III.
Motion carried unanimously.
~0110li by Lachinskl, Seconded by Orttel, to approve the Sewer and
Water Budgets as amended. Motion carried unanimously.
APPROVAL OF CLAIMS
MOTION by Orttel, Seconded by Lachinski, that we approve claims
numbers 12376 through 12437 In the amount of $52,610.18. Mot! on
carried unanimously.
APPROVAL OF MINUTES
Januarv 6. January 14. Januarv 15 Special. January 15 Closed. Januarv
20 Reqular. January 20 Closed. February 3. February 17. and Februarv
19 . 1987 - Correct as written.
MOTION by Orttel, Seconded by Knight, that we approve the following
Minutes: January 6, 1987, Regular Meeting; February 3, 1987, Regular
Meeting; and Regular Meeting of February 17, 1987, as written. Mot! on
carried unanimously.
MOTION by Orttel, Seconded by Knight, we approve February 19 meeting
as written. Motion carried on a 4-Yes, 1-Present (Lachlnskl) vote.
MOTION by Knight, Seconded by Orttel, approval of January 14,
January 15 Special, January 15 Closed, January 20 Closed. Motion
carried on a 4-Yes, I-Present (Elling) vote.
MOTION by Orttel, Seconded by Lachinskl, to approve the January 20,
1987, Regular CouncIl meeting. Motion carried on a 3-Yes, 2-Present
(Elling and Windschitl) vote.
MOTION by Lachlnskl, Seconded by Orttel, to adjourn. Motion carried
unanimously.
Meeting adjourned at 11:18 p.m.
,R,e~pectful}y SÆ?~Lt~ L
. \ \-\"'~L C,,- '.. (<AU
Marcella A. Peach, Recording Secretary
"-....