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HomeMy WebLinkAboutCC November 21, 1989 -<-...,~ " -.. '~ ~:'" -". ~ CITY of ANDOVER :f , ">- '" Regular City Council Meeting-November 21, 1989 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Issue Certificates of Indebtedness 2. ROW Acquisition/H. Smith 3. Commercial Park Purchase, Discussion Staff, Committee, Commission 4. Recycling Report 5. Open Burning 6. Fire Department Requests 7. Personnel Committee Report 8. Election Equipment Non-Discussion Items 9. Set Date/Reconvene Budget Hearing 10. Approve Plans & Specs/Commercial Park Ponding 11. Receive Petition/Sycamore & l58th Area 12. Request Speed Study/Moore Estates/158th Ave. Area 13. Approve Engineering Rates/Bonestroo Engineering Approval of Claims Adjourn 'CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W<. ANDOVER, MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - NOVEMBER 21. 1989 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was call ed to order by Mayor Jim Elling on November 21, 1989; 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembers present: Jacobson, Knight. Ortte I. Perry Councilmembers absent: None Also present: City Attorney. Wi]llam G. Hawkins: CI ty Planner, Jay Blake; City Finance Director, Howard Koo I I ck ; City Assistant Engineer, Todd Haas; City Administrator/Engineer, James Schrantz; and others RESIDENT FORUM Bruce VanDenBoom. 430 146th Lane - stated he appeared before the Counc II several years ago about building an apartment in his basement and was told he could not do it. He does construction work as a hobby, and It Is Important to him to own a decent home to be able to show others. He II ves a lone, noting there are other items beyond financial Issues for wanting others to live with him. He ] Ikes the security of knowing others are there when he I s not. He has two roommates right now and is In comp] lance. But the City called him today asking If he has a kitchen In the basement. He does have a stove and refrigerator, but his roommates have access to the entire house; I t is not an apartment. Mr. VanDenBoom didn't feel having a stove in the basement should be Illegal, as his parents have always had a stove and refrigerator In their basement. Mr. B]ake stated the City Is looking at whether or not Mr. VanDen Broom's p]ace would be considered a duplex; however, the Bui Iding Offlcia] has not yet had an opportunity to Inspect the house. Mayor Ell ing asked If there Is a question of some equipment being stored on the property. Mr. VanDenBoom - expJained he bought this property because of the problem he had with storage of equipment on his other property in Andover and wi th the idea of continuing his part-time construction company. He has now sold his backhoe. and his truck Is for sa]e; so he didn't feel the storage of equipment is an Issue. He stated he did work with the City and has comp]ied with not building an apartment In the basement and not renting to more than two people as roommates. They have access to the entire house. and he has access to their primary living space In the basement. He felt it is a roommate situation. He also noted the house Is 3,400 square feet with three bathrooms and two kitchens; and he has had two kitchens in every house he has ever II ved In. - - . -- Regular CIty Council Meet! ng Minutes - November 21, 1989 Page 2 (Resident Forum, Continued) Mr. VanDenBoom also stated he Is licensed to put In septic systems; and In his situation, the septIc system Is not an Issue. He didn't fee] he should be forced to Jive alone because he has a kitchen In his basement. He felt the ordinances should al low for his particular life style, asking that they be changed to al]ow for a kitchen In the basement and to have some roommates. Mr. Almgren stated he talked with Mr. VanDenBoom this afternoon, but he has not yet had an opportunity to view the house. Counc I I asked that Mr. Almgren Inspect the house, research the ordinances and make a recommendation to the Counc I] at the December 5 meeting. AGENDA APPROVAL Mayor EJJlng asked for a motion to approve the Agenda as published. MOTION by Perry. Seconded by Orttel. to so move. Motion carried unanimously. APPROVAL OF MINUTES November 7 Minutes: Page 12, Wandersee Addition, Change "Richard Wandersee" to "Robert Wandersee". MOTION by Perry, Seconded by Jacobson. to move approval of those Minutes as amended. Motion carried unanimously. ISSUE CERTIFICATES OF INDEBTEDNESS Attorney Hawkins noted two bids were received for the sale of $110.000 in Certificates to finance capital equipment the City purchased over the last several months. The bids were from the First National Bank of Anoka and the FlrStar St. Anthony Bank. He recommended the Council award the low bid from FlrStar St. Anthony with a total Interest cost of $20.735, feeling the rate is very reasonable. The bonds will be paid by tax levy over the next five years starting In 1990. Counc II discussed whether or not to Increase the amount of the Certificates to inc]ude the cost of the new election machines. After further discussion. It was felt that If the decision Is made to purchase the machines. the costs would be Included In Certificates sold for 1990 equipment purchases. MOTION by Knight, Seconded by Perry, the Resolution presented here accepting the bid of FlrStar St. Anthony Bank for the purchase of $110,000 Certificates of Indebtedness with the details as presented here. (See Resolution R189-89) Motion carried unanimously. Regular City Council Meeting Minutes - November 21, 1989 Page 3 RIGHT OF WAY ACQUISITION/H. SMITH Mr. Schrantz explained the pond acquisition on the Hubert Smith property Is part of ProJect 89-18, the storm drainage for the southeast part of Watt's Garden Acres. The CI ty wi I I bi I I Coon Rapids for the acquisition of this pond and the one In Kirby Estates. Attorney Hawkins explained the appraisal for the pond was $7.500 but advised the Council to accept Mr. Smith's settlement agreement of $8,000 rather than go through the cost of eminent domain. MOTION by Ortte]. Seconded by Knight, approval of acquisition of Hubert Smith property of the Southeast area Improvements for a dollar cost of $8.000 to be bill ed on the same basis as other Improvements In the area with the City of Coon Rapids; and note that the Certificate of Survey wi II be prepared In the springtime and the abstract wi I I be brought up to date, and the City will pay for the cost of bringing the abstract up to date. Motion carried unanimouslY. COMMERCIAL PARK PURCHASE DISCUSSION Mr. Blake explained Trapp Realty Is proposing to purchase two lots, Lots 3 and 4, In the Andover Commercial Park for the construction of an office warehouse bulJdlng for a sheetrock distribution business. The two lots are approxlmate]y 2.5 acres on which they would build a 13,000 square-foot building. Dan Pastorius of Trapp Realtv - stated the purchase price Is 65 cents a square foot for a total price of $61,000. They need more than one lot because of the outside storage of meta] studs. The company Is a division of U.S. Gypsum whose home office Is In Chicago. They want to locate In this area because of so many housing starts here. They do not need 2 1/2 acres, but they couldn't get one lot that Is big enough. They need two acres. Me. Blake explained one lot Is 1.1 acres; the other Is 1.5 acres. There Is a drainage ditch between Lots 4 and 5. which makes It unfeasible to spilt Lot 4 and combine It with Lot 5. Me. Pastorius explained because the amount of land Is more than they need, they hoped something could be worked out to reduce the cost of the land. The company feels the proJect would be more feasible If It were $10.000 less. It Is estimated It will cost about $333.000 In hard costs, about $375.000 In all. The financing Is already In place. About 12 employees would be transferring from the Minneapolis location to Andover. The Minneapolis operation would be shut down when this one Is open. Counc II discussIon with Mr. Blake and Mr. Pastorius was on the lots themselves. on the needs of the company, and possible solutions. Regular City Council Meeting Minutes - November 21, 1989 Page 4 (Commercial Park Purchase Discussion, Continued) Councllmember Jacobson expressed concern about negotiating with this party and not with others. feeling everyone should be treated equa]Jy. He had a hard tIme believing $10,000 out of a $375.000 proJect would kl] J It. Me. B]ake stated he was always working under the Impression that the City would negotiate If It Is a business that Is desirable and beneficial for the CIty. Other Councllmembers agreed It had always been the Intent to negotIate If It Is a desirable business. CouncIlmember OrtteJ stated the redevelopment distrIct was set up to be able to buy down on the property apart from the purchase price or to help wI th Improvements If It Is a business the City wants to encourage. If the building Is not going to get In the ground this year, he proposed referring the Item to the Economic Development Committee for a recommendation. Discussion was on the possibility of Increasing Lot 3. Block 3. to two acres by taking land from the Outlot. That Idea was reJected. feeling the land may be needed In the future either for drainage or for another lot from the east. Also. there Is a lot of traffic from this type of business, which may not be desirable adJoining a residential area. Plus. Me. Pastorius stated the people from U.S. Gypsum came In from Chicago to look at the land and agreed to Lots 3 and 4 of Block 2. They did not look at Lot 3, Block 3. Counc II also felt that splittIng Lot 4 of the proposed site Is not feasible since the draInage ditch precludes combinIng It wIth Lot 5. Attorney Hawkins advIsed that legally the City Is not obJIgated to treat every purchaser the same. as the land Is sold based on the lot. the Jobs. the type of business. etc. Mr. Blake stated the price of the land In Andover Is about the same or somewhat lower than comparable land In other cities; however. other cIties also use addItional TIF or CDBG funds as an Incentive for businesses. So the actual cost for the business to go Into another city may be consIderably less. MOTION by KnIght, Seconded by Orttel, that we set the purchase price of Lots 3 and 4 at $56,555 and that they remain as one parcel; and the reason for the change In price Is for size accommodatIon -- the sIze Is bigger than what they need but one lot Isn't big enough. Motion carrIed unanimously. RECYCLING REPORT CIndy DeRuyter, Recyc]lng CoordInator. explained about $7.000 In funds from the county needs to be spent this year. She proposed constructing a recycling center building, revIewing the layout and Regular City Council Meeting Minutes - November 21. 1989 Page 5 (Recycling Report. Continued) bids received to construct It. She noted there will be up to $500 In extra costs for pouring the cement In the winter. though the exact amount of that cost was not given by the bidder. Public Works will help to keep the cement warm to help reduce those winter costs. MOTION by Jacobson, Seconded by Perry. that the City Council approve plans and costs for the City's recycling 24 x 24-foot garage which Incluces the price of $2,755 of materials from Menard's and price not to exceed $3,850, Including extra costs for winter work, from H. L. Becker Construction: and that the funds for thIs proJect would come from Anoka County recyclIng funds. Motion carrIed unanlmousJy. NEWSLETTER/MELANIE DELUCA MelanIe DeLuca. Community SchooJ Coordinator. reviewed proposed changes for the City's newsletter to save time In putting It together and to save costs In printing. They have changed prInting companies to save on printing costs. They plan to purchase a program to a]low them to do their own typesetting. Ms. DeLuca also noted a suggested source of revenue for the newsletter would be to accept advertising, possibly allowing the back page for business-card size advertisements. After some discussion, the Counc II did not wish to accept advertIsing at thIs time and agreed to publish four Issues a year. Ms. DeLuca also provided a sample of a new front page for the newsletter. asking for the Councl]'s opinion on It. The Counc II agreed to try the new front page for an Issue to see how the people respond to It; but they asked that the color of the newsletter remain the same, as people assocIate the beige color with the City. OPEN BURNING/ANDOVER VOLUNTEER FIRE DEPARTMENT Councilmember Orttel call ed about this Issue because the people on 2 1/2-acre or larger sized lots used to be able to go together to get a burnIng permit between them. Apparently that Is no longer acceptable. WI th the large amount of dIseased trees In the CIty. he felt I t Is a real problem that the residents are not able to burn. He realizes there Is a burn site In the southern part of the CIty. but that Isn't really feasible for someone who has acres of diseased trees to take down and dispose of. Councllmember Orttel stated other cities do allow burn permits and the DNR does give permits In other cities. Dave Reitan, Assistant Fire Marshal, didn't know what the Fire Marshal did In the past: but according to the DNR, they are not allowed to Issue permits unless It Is 600 feet from the nearest dwelling. They are followIng the PCA guIdelInes given them. Regular City Council Meetl ng Minutes - November 21, 1989 Page 6 (Open Burnlng,'Andover Volunteer Fire Department. Continued) Mayor EI ling noted several of the surrounding cities do not allow burning of any kind. He thought It's been within the last two years that permits were not Issued even If two people wanted one together. Councllmember Jacobson noted It Is not posslb]e to be 600 feet away from any home In his area, which Is 2 1/2 acre lots. Councllmember Orttel stated the purpose of the rule Is so the neighbor's air Is not poisoned. They used to allow burning If the neighbors got the permit together. Now the problem Is disposing of the diseased trees. as It Is not financially feasible for someone with several acres of them to haul them to the burn site. There has to be a way to allow for the burning of those trees to take care of this problem. He stated he will cal J the PCA tomorrow about this Issue. Fire Chief Bob Palmer stated the DNR has told them they wi I I start tagging the City If the Department does not abide by the rules when Issuing burning permits. Mayor EI ling suggested the Fire Marshal contact the PCA and the DNR to see If there Is any way to get a variance for hardship or leniency for removal of diseased trees. He stated the residents should not be hampered by the ordinances when cleaning up diseased trees. He asked that the Fire Marshal report back to the Council with her findings. He also asked that the Attorney give an Interpretation of the State Statute regarding the Issuance of burning permits. This Item Is to discussed again at the December 5 meeting. Mayor Elling asked If the Counc I ] Is Interested in taking another look at the forestry program presented by Ray Sowada. the City's Tree Inspector. Counc I ] acknowledged the funds are I iml ted but felt there Is a real need to begin some program. Mr. Blake was asked to work wi th Mr. Sowada to look at options and make a recommendation to the Counc II some tI me later this winter. FIRE DEPARTMENT REQUESTS Fire Chief Bob Palmer asked for approval of a house burn on Seventh Avenue. Building Official Dave Almglren asked that a stipulation be put In that any wells or septic system would be abandoned per code after the burn as a part of the homeowner's responsibility. MOTION by Knight, Seconded by Jacobson, to so move. Mot! on carr I ed unanimously. Councllmember Orttel recognized this Is for training; however, the poJlutants from this Is much greater than from the burning of brush Just talked about In the last agenda I tern. Chief PaImer felt the request to issue violation tags should be postponed unt II a decision Is made on burning permits. Counc II agreed. Regular City CouncIl Meeting MInutes - November 21, 1989 Page 7 (Fire Department Requests. Continued) Chief Palmer asked for the abIlity to use two donations ($750 and $100) to purchase an exhaust fan. MOTION by Orttel, Seconded by KnIght. to so move. Motion carried unanlmousJy. Chief Palmer also noted they are trying to start up a day rescue service In the CIty. He will be reporting back on that In the future. PERSONNEL COMMITTEE REPORT Councilmember Jacobson explained the Personnel Committee recommended approval of a part-time person for the posItion of RecyclIng Coordinator under the condition that It exIst as long as funds are avaIlable through Anoka County RecyclIng to fund the position and It does not come out of the regular CIty budget. The position would be permanent untl I those funds are no longer available. MOTION by Knight, Seconded by Jacobson, that we grant the position of Recycling Coordinator to be funded by county funds as permanent part-time position, and the positIon would last as long as the fundIng fo]]ows It. If and when the funding ceases. the position would cease. DISCUSSION: Mr. Blake explaIned next year's budget Is $13.500. About $1,500 Is contrIbution out of the City's General Fund. Councllmember Jacobson explaIned the Intent Is use only Anoka County funds to fund the position. Motion carried unanimously. ELECTION EQUIPMENT Mr. Koollck stated In hIs discussions with other cIties, the vast maJority of them are waitIng to put In the equipment In 1990. He thought Anoka County had originally mandated that the cities purchase the machines but has since backed off. The vendors are saying the costs of the machines wIll Increase signifIcantly If they are not purchased unt II 1992. He thought the City would need six unIts thIs year. Mayor EJJlng saId the county Is saying they are an option but that they would like the cities to have them. He also noted the Councll had talked about going out for Certificates to fund this equIpment In 1990. Counc II dIscussion noted the machines are actually readers so the results can be tabulated faster. Counc I I agreed to table the item, asking that the Clerk be present to dIscuss It at the next meetIng. MOTION by Knight. Seconded by Orttel, that we table It Indeflnlte]y. Motion carried unanimously. Regular City Council Meeting Minutes - November 21, 1989 Page 8 DATE TO RECONVENE BUDGET HEARING MOTION by Orttel, Seconded by Knight, for December 6 for the continuation of the Budget Hearing. Motion carried unanimously. APPROVE PLANS AND SPECS/COMMERCIAL PARK PONDING Mr. Schrantz reported that at the last meeting John Rodeberg, TKDA, thought he would be able to redesign the pond onlY for Good Value and not Include any monIes from the CIty. He found he was not able to do that, that an addltlona] $11.000 will be needed from the City's Commercial Park Fund. Mr. Schrantz suggested the proJect be bid and determine the fundIng once the cost Is known. Mayor EJllng felt It may be better to charge storm sewers on a flat-fee basis as sanitary sewer and water are done. The maJorIty of the Council dIsagreed, feeling the current method of assessing actual costs Is preferable. Council discussIon was on their concern over using the TIF funds to pay for a part of this proJect, the question being whether the City's property Is actually receiving any additIonal benefit. Mr. Schrantz explained It Is not all Good Value's water In the system. And as the other land develops, more wi I I be spent to enlarge the pond to accommodate that development. He agaIn stated he felt the City's share should be taken out of the construction fund of the Commercial Park. MOTION by Ortte], Seconded by Knight, to so move, accepting feasibIlIty, waiving public hearing, orderIng the Improvement. and directing preparation of plans and specificatIons for Improvement ProJect 89-24, changing the estImated total cost of the proJect to $32,750. (See ResolutIon R190-89) Motion carrIed unanimously. MOTION by Orttel, Seconded by Jacobson. approval of final p]ans and specifications and ordering advertIsement for bids for ProJect No. 89-24 as prepared. (See ResolutIon R191-89) DISCUSSION: CouncIl noted the date of the bId openIng must be corrected. Mr. Schrantz agreed to do so. MotIon carrIed unanimously. RECEIVE PETITION/SYCAMORE AND 158TH AREA MOTION by Knight, Seconded by Orttel, a ResolutIon declarIng adequacy of petition and orderIng preparation of a feasibility report for street construction ProJect 89-25 In Moore's Estates/158th Avenue NW/Sycamore Street/Redwood Street. (See Resolution R192-89) Motion carried unanimously. Regular City Council Meeting Minutes - November 21, 1989 Page 9 REQUEST SPEED STUDY/MOORE ESTATES/158TH AVENUE AREA Mr. Haas stated the speed study wl]1 not be done untl] after the street Improvement proJect Is done. Mayor Elling noted It Is a deviation from the policy to Include the cost of the signs In the proJect. asking If the Council wants to change the policy. Mr. Haas stated In new developments, the developer pays for the street signs. stop signs. and speed signs. Mr. Schrantz also noted the speed signs are not legal unless a speed study Is done. However. If one Is done. the City must sign according to the manual; and the cost of signing Is very high. CouncIl suggested the Issue of Including the cost of signs In the paving proJect be discussed at a future time. It was agreed to order the speed study to be done after the paving proJect. MOTION by Perry, Seconded by Knight, to order the speed study In Moore Estates/158th Avenue area. Motion carried unanimously, APPROVE ENGINEERING RATES/BONESTROO ENGINEERING Councllmember Jacobson obJected to a 5 percent Increase when the City Staff Is only getting a 3 percent raise. He stated he would like to see Bonestroo make another proposal. Council agreed. asking Staff to contact Bonestroo regarding the City's concern. MOTION by Perry. Seconded by Jacobson. that we table this Item until the next meeting. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Jacobson. approval of Checks 17606 through 17697 for a total of $176.487.39. Motion carried unanimously. BRUCE HAY REQUEST FOR SEWER SERVICE Attorney Hawkins noted his correspondence with Karla Wahl, Mr. Hay's Attorney. It was his opinion that the City did comply with the Court Order as the plan submitted was based on Metropolitan Council policies. At this point he will not be doing anything further on this matter. He didn't feel the City Is obligated to destroy the planning process of the City In order to service the Hay property, which Is the effect of the recommendations by the Metropolitan Council. Mayor Elling stated at the Metropo]ltan Council hearing he explained to the Council that the request from Ms. Sonsteby for sewer and water was outside the MUSA line and the Council chose not to extend that line. That in no way was tied to the Hayes request before them. Regular City Council Meeting Minutes - November 21. 1989 Page 10 <Bruce Hay Request for Sewer Service. Continued) Counc II briefly discussed the recommendations of the Metropolitan CouncIl. Including the troublesome requirement of "4 for 40" development In the rural area, and the update to the Comprehensive Plan that Is In progress. Councllmember Orttel stated he was outraged that the City's professional planner was told by the Mayor not to attend the Hay hearing before the Metropolitan Council. He stated none of the Councilmembers have the ability to tel I Staff what to do; and not having that professional representation at that meeting was absurd. Later In the meeting Councllmember Perry stated the Mayor had suggested at a meetIng that no Staff attend the hearing. She reca I ] ed that nothing was said about It, which to her meant the Councl] acquiesced In the suggestion. Councllmember Jacobson also felt comfortable not having Mr. Blake there since the Council was In agreement on the Issue. Councllmember Knight had no obJection to Staff going to the hearing but did not give It much thought since the Counc II was united In Its approach to the situation. He suggested In the future that the Staff should be Invo]ved and that the Counc I I al I be kept Informed of what Is taking place. Councllmember Orttel did not recal I It being brought up at a meeting because he certainly would have opposed It. Attorney Hawkins stated the City does not have a strong Mayor system. Lega I] y. every Councl]member has equal authority. However. It seemed to be acceptable In the past to allow the Mayor some leeway In his actions. If there Is some disagreement, he suggested the Council set out some policies as to what the Mayor should or should not do. No further action was taken. WATERSHED LEGISLATION BY DAHL Me. Schrantz explained the bll I by Senator Dah] created a committee to study local water management. Because of Andover's experience with the Coon Creek Watershed. he felt Andover's Input Is Important. MOTION by Jacobson. Seconded by Knight. that we have Staff prepare a document and have It sIgned by the Mayor and forwarded to Greg Dahl as to the view of the City of Andover. Motion carried unanimously. MOTION by Knight to adJourn. Motion carried unanimously. Meeting adJourned at 10:17 p.m. Respectfully submitted, \\~~CÆ.~~ Ma~la A. Peach, Recording Secretary