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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 "-....