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HomeMy WebLinkAboutCC January 17, 1989 (~ CITY of ANDOVER - ~. '. .. Regular City Council Meeting - January 17, 1989 Agenda 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Approval of Minutes 5. Discussion Items a. Appoint Commission Chairpersons b. Northwestern Bell Telephone Special Use Permit c. Golf CartjWheelchair Ordinance d. Ordinance 10 Amendment e. Anoka County Legislative Coalition/ Northern Mayors Association f. Tulip street Right-of Way Ponding g. Street Lights/Developers' Project h. 9:00 P.M. HRA Meeting 6. Staff, Committee, Commission a. Nehrt Kennel License b. Junkyard License Renewals c. Refund Escrow/Creekridge Estates d. Tax Forfeit parcel/Russell Stack Addition e. Crime watch Signs f. CDBG Budget g. Salaries/1989 h. Fire Department i. Schedule P&Z and Park Board Interviews j. 7. Non-Discussion Items a. Final payments - 87-4; 87-11 ; 87-21; 87-27; 88-6; 88-11 ; 88-19 b. Feasibility Reports/Red Oaks 6thjWard Lake Drive/Tulip Street c. Engineering Rates/B.R.A. d. Annual FeesjWater & Sewer & Conn. Charges e. 8. Approval of Claims 9. Adjournment -- ~--.. :.0'-" .~ , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 . - REGULAR CITY COUNCIL MEETING - JANUARY 17, 1989 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Jim Elling on January 17, 1989; 7:30 p.m., at the Andover City Ha]l. 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembers present: Jacobson. Knight, Orttel, Perry Councllmembers absent: None Also present: City Attorney, William G. Hawkins; TKDA Engineer, John Rodeberg; Assistant City Engineer, Todd Haas; City Planner. Jay Blake; City Administrator. James Schrantz; and others AGENDA APPROVAL Mayor Elling suggested the following changes to the Agenda: Delete Item 5f, Tulip Street Right of Way Pondlng; Add Item 6J, Check Signing Machine; Change Item 7a, Final Payments by deleting IP87-11 and 87-4 and adding IP88-13. He asked for a motion to approve the Agenda. MOTION by Knight, Seconded by Jacobson, to so move. Motion carried unanimously. APPROVAL OF MINUTES MOTION by Jacobson. Seconded by Knight. approval of the January 3 Minutes. Motion carried unanimously. MOTION by Jacobson, Seconded by Knight. approval of the January 5 Minutes. Motion carried unanimously. APPOINT COMMISSION CHAIRPERSONS Mayor Elling recommended appointing Rebecca Pease as Chairperson of the Planning and Zoning Commission. MOTION by Jacobson, Seconded by Perry. to so move. Motion carried unanimously. Mayor Elling recommended Marc McMullen be reappointed as Chairperson of the Park and Recreation Commission. MOTION by Perry, Seconded by Jacobson, to so move. Motion carried unanimously. ---- ~ - ~.- Regular City Council Meeting January 17, 1989 - Minutes Page 2 r~ORTHWESTERN BELL TELEPHONE SPECIAL USE PERMIT Mr. Blake reviewed the application by Northwestern Bell for the construction of two public utlJlty buildIngs wIthin Andover. One would be located on 139th and County Road 18 on property that Northwestern Bell has negotiated a long-term lease. The other Is for property on which they have a purchase agreement. Lot 7. Block 3 In Red Oaks Manor 5th Addition. The Planning CommissIon has determIned the proposed proJect meets the criteria set forth In the ordinance for special use permits. There was some discussion on the exact location of the proposed building on 139th. Mr. Blake explaIned the lease Is over a portion of the property; and at the end of the lease, Northwestern Bell would have the optIon to purchase the property. With the realIgnment of CoRd 18. the property will have to be redescrlbed; but the present owner will retain ownershIp of the land. Alma Fltzloff. Northwestern Bell - explained the facilitIes must be within a 1- to 3-mlle radius to serve the homes and proposed growth In the area. and they also like It to be near the underground cable In the area. The facilIty on Bunker Lake Boulevard will largelY serve Just that development. With the large Increase In growth, they do not have the facilities to serve the new homes. The facility on 139th will serve the more dIstant areas. The lease on 139th Is for 25 years and would transfer with the lot If sold or rezoned. She also explaIned they will be brick buIldings. Louis Rosbura. owner of propertv on 139th - explained he has four lots, and the building would be on the lot west of hIs house. ~o lots to the west will remain, though the corner wi I I have to be redescrlbed wIth the realignment of 139th. Ms.Fltzloff - explained they feel the equipment must be put In the area, as fiber can only serve within a 3-mlle area. ThIs also gives the City more f]exlblllty of having more advanced technology In the area. She explained that they do not want to acquire the Rosburg property and have the expense of maintaIning It In Its entirety. Mr. Rosburg Is willing to maintain that property. Ms. Fltzloff also stated they will work with the City and meet the requirements for lightIng, etc. Mayor Elling was concerned that the remaining lots stilI be buIldable. notIng a lot spIlt may have to be done at the time It Is developed. MOTION by Knight, Seconded by Orttel, a Resolution approving the special use permit as requested by Northwetsern Bell (US West), for the construction of two public utility buildings. (See ResoJutlon R003-89) Motion carrIed unanImously. .... Regular City Council Meeting January 17, 1989 - Minutes Page 3 GOLF CART/WHEELCHAIR ORDINANCE Councllmember Jacobson reported the Planning Commission reviewed the request by a family from the Crooked Lake area to al]ow their handIcapped child to drive an ATV to schoo]. etc. In looking at the existing ATV OrdInance pnd at how other cities handle such Items. It was felt the best approach would be to have a permitting process that would allow handIcapped people to obtain a city permit to operate golf carts and motorized wheelchairs on public right of ways. MOTION by Jacobson, Seconded by Orttel. that the Andover City Counc I ] adopt an ordinance regulating the operation of golf carts and motorized wheelchairs by handicapped citizens on public roadways within the City of Andover, as presented. Motion carried unanimously. ORDINANCE 10 AMENDMENT Mr. Blake reviewed the two proposed amendments to Ordinance 10 to Increase the dedicatIon requirements for Minor CIty Streets from 50 to 60 feet and to Increase the width of the pavement at the end of cuI de sacs. Me. Rodeberg explained they have been using 93 feet of pavement on cuI de sacs Instead of the 100 feet which the ordinance currently requIres. The current standards for MSA streets Is 33 feet back to back roadway and 60 feet of rIght of way. which leaves 13.5 feet for boulevards In which to place all the utl]ltIes. He passed out a fact sheet which Indicated the maJority of cItIes use 45 or 46 feet for their standard cu] de sacs with boulevards from 14 to 15 feet wide. If the width of the pavement In the cuI de sac Is widened. he would also recommend widening the dedication so the 13.5-foot boulevard for utilities can be maintained. Otherwise some utilities would have to be placed outside the boulevard, which he felt Is not desirable. Mr. Rodeberg also stated some cIties with a 50-foot radius driving area have a center Island. But his recommendation would be to stay with the 46.5-foot radius. Frank Stone. Public Works SupervIsor, stated the Fire Department and Public Works do have trouble turning In the smaller cui de sacs. He didn't feel the larger radius would have that much more snow to remove. feeling there wou]d be more space between driveways and more room In which to put the snow. Mr'. Schrantz stated he had no problem goIng with the 50-foot radius but stressed the Importance of maIntaining the standard sized boulevard. Councllmember Orttel noted a larger pavement area also means more seal coating and maintenance costs. plus It costs the owner more when proJects are done. ._- Regular City Council Meeting January 17, 1989 - Minutes Page 4 <Ordinance 10 Amendment, Continued) MOTION by Perry. Seconded by Knight. that O~dlnance 10 be amended as presented, with the exception that the cui de sac requirement be changed to read: "a 93-foot pavement area In the urban area" Instead of 100 feet. and "100 feet In the rural area", Section 8.05 G. Motion car~led unanimously. ANOKA COUNTY LEGISLATIVE COALITION/NORTHERN MAYORS' ASSOCIATION Mr. Schrantz explained the Northern Mayors' Association Is more Involved with economic development, whereas the Anoka County Legislative Coalition plans to deal with more local Issues. If funding permits. he felt It would be beneficial to belong to both organizations; because the City cannot give Its views unless It participates. Mr. Schrantz also suggested the possibility of belonging to the Northern Mayors' group without belonging to its Economic Development Joint Powers Plan. Councllmember Knight felt the City should belong to the Anoka County Legislative Coalition because It deals with Items that more dl~ectly affect Andover, especially fiscal disparities. Mayor Elling noted the Northern Mayors' group deals with Issues like the the airport. the road system in the no~thern tier. fiscal disparities. tax Increment financing, etc. Membership to the Northern Mayors' Association has already been autho~lzed by the Council. Councllmember Jacobson stated he has changed his mind and now feels the Anoka County Legislative Coalition would best serve Andover's Interests. Because It was felt there Is Insufficient funding to belong to both groups, It was agreed to Join the Anoka County Legislative Coalition. There was some concern about the wording In the Joint Powers Agreement. as It Implies the City may be assigned additional costs for expenses Incurred In connection with performing legislative services under the Agreement. Council agreed to stipulate a maximum payment to the Coalition. MOTION by Knight, Seconded by Jacobson. that we approve the Joint Powers Agreement between Andover and the Anoka County Legislative Coalition at a maximum cost of $4.790. Motion carried unanimously. MOTION by Jacobson. Seconded by Orttel, that the Andover City Council rescind all p~evlous motions relating to the Northern Mayo~s' membership and the Northern Mayors' Economic Development committee made p~evlously and authorize the Mayor or Engineer to give notice to that group In writing that we will be withdrawing. DISCUSSION: Regular City Council Meeting January 17, 1989 - Minutes Page 5 (Anoka Co. Legislative Coalition/Northern Mayors' Assoc.. Continued) The Counc I I asked that they be kept Informed of the actlvltes of the Northern Mayors' Association, wanting to keep the door open to the possibility of Joining them in the future when more funding is available. Councllmember Jacobson CHANGED MOTION to put In the language to the effect that we are sympathetic to the issues that they bring up but we find ourselves unable to fund two or three different ]eglslatlve activities In one year, and we would like to keep Informed of their progress and be contacted again next year for possible membership. Second Stands. Motion carried unanimously. STREET LIGHTS/DEVELOPERS' PROJECT Mr. Schrantz stated the street light policy was In limbo until Anoka County Electric finalized their policy. That has been done. The four plats in question (Hills of Bunker Lake Srd. Hidden Creek East Phase I, Kensington Estates Srd, and Bent Creek Estates) have not paid their up-front costs (Installation fees) for street ]ightlng. hoping AEC will rescind Its Policy 2 and allow them to come In under Policy S. In talking to AEC today, that wi I I not happen. AEC wi I I not change the policy for those plats that came In under Policy 2. Mr. Schrantz asked for direction as to what to do to get the developers to pay those up-front costs. He also noted that Bent Creek Estates should not be Included In the list. MOTION by Orttel, Seconded by Knight, that the Council dl rect staff to notify developers that are subJect to Policy No.2 regarding street ]Ighting of the Anoka Electric Cooperative that the Board of AEC has decided they will require those developers to come in under Policy No.2; and that those prepayment requirements by AEC must be paid In ful] within SO days, the 18th day of February. or the City will consider action to refuse building permits on the lots In those developments. Motion carried unanimously. NEHRT KENNEL LICENSE Counc I I acknowledged the report from the Clerk on the Inspection of the Nehrt property. No further action was taken. JUNKYARD LICENSE RENEWALS Mr. Blake reviewed the report on the Inspections of the following Junkyards: Andover Auto Parts, Commercial Auto parts. Rite Away Auto Parts, and Bob's Auto Parts. Where there are violations that cannot be corrected because of the weather. such as fence repair, he recommended giving until June 1, 1989. to make those corrections. 0<_ Regular City Council Meeting January 17, 1989 - Minutes Page 6 (Junkyard License Renewals, Continued) Mr. Blake also questioned the description of Rite Away Auto. as the yard Is located on a portion of a lot where a home and the Vapors Is located. There Is also a lot of Junk around the home. Attorney Hawkins advIsed only that portIon of the lot on which the Junkyard Is operated should be licensed. with the description so noted on the lIcense. Also. that portion of the lot which violates City ordinance should be dealt with accordIng to the provisIons of the ordinance. Mr. Blake then ~ecommended approval of the lIcense for RIte Away Auto only over that portion which Is clean. There are stilI some cars In front of the fence at Commercial Auto Parts. MOTION by Knight. Seconded by Jacobson. that we approve the license applications for Andover Auto Parts, Rite Away Auto Parts and Bob's Auto Parts for 1989. with the stipulation that Andover Auto Parts' and Bob's Auto Parts' fences be brought Into repair by June 1. DISCUSSION: Mr. Blake Indicated for next year all licenses will have the property descriptions on them. and licenses are to be paid for by November 1 of each year to avoid going Into the new year with unlIcensed operatIons. He also plans to have perIodic InspectIons of the yards. DIscussIon was also on the number of tires allowed In a Junkyard, wIth Staff recallIng the CouncIl tabled a proposed ordInance to set limits on the number of tires allowed In a business. Fire Chief Bob Palmer noted there Is a large pile behind Andover Auto Parts. Mr. Blake also noted the larger number at Andover Tire Town on the corner of Hanson and Bunker Lake Boulevards. Counc II asked that the proposed ordinance lImiting the number of tires be placed on a future agenda for further consideration. VOTE ON MOTION: YES-Elling, Jacobson. Perry; NO-Knight, Orttel Motion carrIed. Councllmember Orttel stated for the record that Andover Auto Parts appears to be In compliance; but as he drives around, he questIons whether some of these should be approved because of fencing, trees. etc. Councllmember Knight voted no, feeling If what Councllmember Orttel says Is the case, the City should be vigorously enforcIng the ordinances. Mayor Elling noted at the next meeting the Councl will consider litigation against Commercial Auto Parts for noncomplIance If those Items are not taken care of. He asked for a report on this junkyard for the next meeting. ._- Regular CIty Council Meeting January 17, 1989 - MInutes Page 7 Counc I I recessed at 8:57 p.m. to conduct an HRA meeting. The regular meetIng reconvened at 9:02 p.m. REFUND ESCROW/CREEKRIDGE ESTATES Mr. Schrantz reviewed some of the grading problems In this plat. When the grading was approved by the CIty. It had been done according to the grading plan. However. It appears that dirt was moved around as the builders built the homes. Many of the homeowners are dissatisfied with theIr houses because of a big hole In their back yards. Apparently the lots were graded for walkout homes, but the homes were not built as walkouts. He didn't know If the City could legal]y hold the money now In escrow to correct the problem In the back yards. The developer Is requesting the CIty to draw the funds from the escrow to payoff the unpaid balance of assessments. Mr. Rodeberg also noted how the pIpe In the bottom of the pond I s two feet higher than It was when the gradIng was approved. Attorney Hawkins stated the development contract would have to be revIewed to determIne how the escrow funds can be used. MOTION by Orttel. Seconded by Jacobson, that the Counc II have the CIty Attorney Investigate the development contract on Creekrldge Estates to determIne If the CD being held In the amount of $58.909.53 can be held agaInst grading on the plat; and if It can only be used for default and assessments. that It be cashed In and the balance over the assessments due be returned to the deve]oper of the proJect. Motion carrIed unanimously. CHECK SIGNING MACHINE Mayor EllIng asked for authorization to purchase a check signIng machIne from Paymaster for an amount not to exceed $400. For security purposes. the machIne can only be turned on wIth a key, and only authorized persons will be able to use It. CouncIl questIoned whether a machine that both types and signs the checks would be better. Shirley ClInton. Treasurer, thought the checks will be printed by the computer once that program Is on lIne. Counc I ] agreed to buy the check signing machIne on a trIal basis. MOTION by Jacobson, Seconded by Knight, that we authorIze the purchase of a check sIgning machIne for no more than $400. Motion carried unanlmous]y. - . . .< . Regular CIty Council Meeting January 17, 1989 - MInutes Page 8 TAX FORFEIT PARCEL/RUSSELL STACK ADDITION Mr. Schrantz explaIned the parcel on 166th and Zuni was not purchased by a resident as was originally Intended. He asked whether the CIty should purchase It for resale or whether It should be given back to the state. The Councl I generally did not want to spend the funds to purchase the parce I , feelIng there Is no need to own It because It Is not needed for pondlng and the resIdents do not want a park there. MOTION by Orttel, Seconded by Jacobson, that the CIty gIve the parcel at 166th and ZunI back to the State. Mot! on carr I ed unanimously. CRIME WATCH SIGNS MOTION by Orttel. Seconded by KnIght. that the Councl I authorize the purchase of 60 new Crime Watch signs at a cost of $1.105.80. Motion carrIed unanImously. CDBG BUDGET Mr. Blake reviewed the proposed 1989 Community Development Block Grant budget. The funds are budgeted for blIght removal. comprehensIve plan revision, and SO percent for human services. JoAnn Wright of Anoka County felt the three programs are excellent for the communIty, but questIoned the large amount In human services. Apparently they are lImited to only 15 percent of the total grant for human services. The suggestIon has been to leave the budget as proposed; and when the county gets al I of the figures In, they w II I proportIonately cut back the budget for each community. Mr. Blake noted there Is a public hearing on this Item on February 7. No action was taken by the Council. (Council recessed at 9:S0; reconvened at 9:42 p.m) SALARIES/1989 Mr. Schrantz stated the bUdget before the Council has been revised to show the proposed salary adJustments, including PERA. FICA, health coverage for $180, etc. The budget also Includes the additional accounting clerk and figures 16 hours for the Zoning Administrator. The figure of $36,000 plus overhead had been budgeted and approved for a financial director. - - - < ~ .- Regular City Councl] Meeting January 17, 1989 - Minutes Page 9 (Salarles/1989, Continued> Mayor Elling recommended approval of all proposed salary adJustments with the exception of the City Administrator/Engineer/Public Works Director and the City Clerk/Administrative Assistant. He stated he has a proposal regarding the office staffing which he wants to discuss at a special session. Also, no action should be taken on the Public Works Employees until the union contract Is settled. MOTION by Ortte] that the Counc II approve salary Increases as proposed on 1-17-89 with the exception of those amounts shown as to be allocated to employees subject to the union contract, and that the position of Zoning Admnlstrator. Building Department Clerk and Accounting Clerk be changed to permanent part-time positions. Motl on dies for lack of a Second. Mayor Elling again asked that the salary adJustments for the Administrator and City Clerk be delayed until a special meeting. Councllmember Ortte] stated he Is not aware of any changes that would affect those two positions, feeling the matter should be settled now. MOTION by Jacobson, Seconded by Knight, the same motion with the exception and making the change that we delete the salary Increase for the City Administrator/Engineer/Public Works Director and the City Clerk/Administrative Assistant. Motion carried on a 4-Yes, I-No (Orttel. Is not opposed to the salary Increases that were approved but feels they could have been completed tonight In a very simple fashion.> Mayor Elling again stated he wants to discuss the staffing at a future meeting. ANDOVER VOLUNTEER FIRE DEPARTMENT Assistant Fire Chief Glen Smith reviewed the quotes for the new turn-out gear. asking for authorization to purchase 35 Janesvllle- Mason Dixon turnout coats from Conways Fire and Safety of Minneapolis. It Is not the lowest bid. but It Is the only bid that meets the specifications. Conways was also the only company to provide a sample coat and will also come out to measure for the coats. Mr. Sml th noted the cost may be somewhat higher If any oversized coats are needed. The funds for these coats were carried over from the 1988 budget. MOTION by Orttel. Seconded by Knight. that lhe Counc i I authorize the Fire Department to purchase 35 Janesvl I Ie-Mason Dixon brand turnout coats from Conways Fire and Safety of Minneapolis for a cost of $10,465 plus sizing costs. Motion carried unanimously. Chief Palmer asked to have the proposed bond Issue discussed in depth at a special meeting. They would also like to have citizen Involvement during that discussion. .. - - Regular City Council Meeting January 17, 1989 - Minutes Page 10 <AVFD, Continued> Counc I] agreed to discuss this and the staffing at a special meeting this Thursday; however, the Attorney advised the law has been changed to require 72-hour notice of al I meetings. This was discussed agaIn later In the meeting. FINAL PAYMENTS - IP87-21. 87-27. 88-6. 88-11. 88-19. 88-13 MOTION by Orttel, Seconded by Jacobson, approval of Item 7a and all Resolutions assocIated with It. <See Resolutions: R004-89: Accepting work and directing final payment, 87-21. Oak Bluff 2nd Addition R005-89: Accepting work and directing fInal payment. 87-27, Woodland Creek R006-89: Accepting work and dIrecting final payment, 88-6. Kensington Estates 3rd AddItion R007-89: Accepting work and directing final payment, 88-11, HIdden Creek East 1st Addition R008-89: Accepting work and directIng final payment, 88-19. Woodland Creek 2nd AdditIon R009-89: Accepting work and directing final payment, 88-13, Creekhaven> Motion carried unanimously. FEASIBILITY REPORTS/WARD LAKE DRIVE/TULIP STREET MOTION by Orttel, Seconded by Jacobson, Item 7b and the cover letters to be addressed to the affected property owners, and the ResoltuIons associated with It. Also, change the Resolutions to state the 7th day of February. 1989. <See Resolutions: R010-89: IP89-1. Ward Lake Drive Public HearIng R011-89: IP89-2, Tulip Street> Motion carried unanimously. ENGINEERING RATES/B.R.A. Mayor Elling asked for a motIon to accept the 5 percent Increase of the fIrm of Bonestroo, Rosene, AnderlIk & Associates. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanimously. .... Regular City Council Meeting January 17, 1969 - Minutes Page 11 ANNUAL FEES/WATER AND SEWER AND CONNECTION CHARGES Mr. Schrantz reviewed the proposed rate changes for water. sanitary sewer and connection charges. He asked whether the water rates for Debt Retirement/Capital Depreciation should be Increased to $.32-'1000 gallons. After some discussion, the Counc I I agreed to leave the rate as Is for now because of the unknown costs that will be Involved In water treatment. MOTION by Perry, Seconded by Knight, a Resolution setting fees for permits. rezonlngs. specla] use permits. etc. (See Reso]utlon R012-89); a Resolution establishing permit tees and service charges to be collected by the City of Andover and amending Reso]utlon No. 029-87, changing No.3 to "Permit fees shall be based on the 1982 Uniform Building Code Schedule. 3A. modified." (See Resolution R013-89); the Resolution establishing sanitary sewer rates and sanitary sewer connection charges (See Resolution R014-69); and the Reso]utlon setting rates for permits. connection fees, services, and water usage (See Resolution R015-69). Motion carried unanimously. SET SPECIAL MEETING Attorney Hawkins advised there must be at least three-days' notice for all special meetings. The Counc I I can, however. continue a meeting to a time of less than three days to discuss Items on the agenda. Counc I I discussion was on finding a time when everyone could be In attendance to discuss staffing and the selection of Commission members. It was then agreed to continue the selection of Commission members to Thursday (January 19) and to set a special meeting to discuss staffing and the Fire Department bond at that time. MOTION by Jacobson, Seconded by Knight, to meet at 7 o'clock Thursday for Planning and Zoning and Park Board Interviews. Motion carried unanlmous]y. APPROVAL OF CLAIMS MOTION by Jacobson. Seconded by Knight. approve checks 15924 through 16010 Including the wired bond payments from Northwest Bank, Minneapolis and wired bond payment from First Trust Center of St. Paul, for a grand total of $1,439.266.68. Motion carried unanimously. MOTION by Knight. Seconded by Perry, to adJourn. Motion carried unanimously. Meeting adjourned at 11:08 p.m. ~especttully submitted.. ( \ \, . r __ 7, \ i· C)..~~ Lt ~(L0J Marcella A. Peach ~ Recording Secretary ---- .