HomeMy WebLinkAboutCharter June 22, 1989
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CITY of ANDOVER
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CHARTER COMMISSION MEETING - JUNE 22, 1989
7:30 P.M.
The City of Andover Charter Commission will hold a meeting
at 7:30 P.M., Thursday, June 22, 1989 at the Andover City
Hall, 1605 Crosstown Boulevard N.W., Andover, MN.
{CA CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100
.. ANDOVER HOME RULE CHARTER COMMISSION MEETING
MINUTES
A MeetIng of the Andover Home Rule Charter Commission was called to
order by Jerry Windschitl on June 22, 1989, 7:30 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Present: Lyle Bradley, Mike KnIght, Bob Peach, Charles Veiman,
Jerry Windschitl
Absent: d'Arcy Bosell, Gretchen Sabel
Also present: JoAnn Wilber, 13608 Jay Street
Sue Hurst, 13440 Jay Street, Lot 5
Bob Pears. 11511 Flintwood, Coon Rapids, Andover Auto
Parts
APPROVAL OF MINUTES
Not everyone had copIes of the last meetIng. It was agreed to hold
the Item to the next meeting.
COMMENTS FROM RESIDENTS
Mr. Pears asked about the function of the Charter CommIssion. Mr.
WI ndschI t I explained the members were appoInted by the Court to
evaluate whether a charter should be wrItten for the City either to
affirm what the present City Council is doing or to make a change.
He also revIewed some of the possible changes a charter could affect.
At the present time Andover is a Statutory CIty and runs accordIng to
State legIslation.
Mr. Pears explaIned he owns property in the City and Is paying $1300 a
year In special assessments. But he could be assessed $150,000, or
more If a road is run behind him. Also, the Mayor is making statements
that he wants the Junkyards out of the City by 1990. He wondered if a
charter would help or hurt them. Mr. Windschlt I explained how the
CIty now operates, which requires a 3/5 vote to order a petitioned
project, a 4/5 vote for a non-petItIoned project. A charter can write
the same rules or can write a referendum on special assessments. A
charter can be as restrictive or as liberal as the Commission writes
it. It also has to be approved by the voters.
Ms. Hurst lives next to the Junkyards but is on residential property.
She stated the resIdents In that area have been told by a
Councilmember that they are in the Mayor's way and are expendable
Items. Since she owns ten acres and the City will allow 28 homes per
ten acres, she was told she Is no longer an asset to Andover because
she is taking away 27 tax bases.
Home Rule Charter CommissIon MeetIng
June 22, 1989 - Minutes
Page 2
(Comments From Residents, Continued)
Ms. Hurst then reviewed the history of what they have faced, stating
on AprIl 27 the Mayor held a meeting at the Bunker HIlls Activity
Center to discuss cleaning up the area and redeveloping It. That Is
when she was told she is not an asset. Not all resIdents were
notIfied. Ms. Hurst also stated the Mayor has emphasIzed the need for
redevelopment to Insure FHA financing of homes. However, she has been
told that not one single applicant has been denied FHA financing due
to the Junkyards.
Ms. Hurst continued that after the meeting the Mayor approached
Kottke's about sewer and water for $75,000. Also, Jay Blake and the
Mayor solicIted EddIe Prater of Eddie's Auto Body asking If he was
Interested If the City pIcked up the cost of the frontage road; all
Mr. Prater would have to do is the landscaping and the fence. It was
later decided that Mr. Prater would have to pay half of the frontage
road; then at the public hearing the proposal was that he pay all of
It. At the public hearing for the frontage road, Commercial Boulevard
and utilIties In their area, the Mayor confIrmed that the City
initiated the proJects. However, in the past they were all told that
unless someone In the area petitioned for sewer and water, they would
be left alone. No one petitIoned.
Ms. WIlber stated Chuck Peterson of Kottke's was approached by the
Mayor about sewer and water for $80,000, and the Mayor has said
Kottke's expressed an interest. It was established at the pUblic
hearing that Kottke's was only interested at $80,000, not when the
fInal figure given at the public hearing was for $405,000. She read
several excerpts from the Council MInutes of the public hearing to
note theIr point, stating not one person In that area wants the
proJect. Councilmember Knight stated the area is part of the Tax
Increment DistrIct which was origInally looked at.
Ms. Hurst stated at the public hearing one Councilmember asked to
reJect the proJect as nonfeasible, but the rest of the Council dId not
want to end it. Mr. Windschitl read the motion of the Council at that
public hearing, which states the Item Is tabled Indefinitely and the
residents wIll be renotlfied when It is discussed again.
Mr. Hurst stated she has found out that the hearing can legally only
be held open for six months. She also noted that wIth the proposed
assessments, one person's land would have to be sold at $60,OOO/acre
Just to break even. And Kottke's has stated It would be less
expensIve to relocate out of Andover then to pay the $405,000
assessment. But she stated the Mayor continues to assert the loss of
FHA fInancIng. Councllmember KnIght stated FHA representatIves have
told both the Mayor and Councllmember Orttel that they are redllning
the area becaue of the Junkyards.
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Home Rule Charter CommIssIon MeetIng
June 22, 1989 - Minutes
Page 3
(Comments From Residents, Continued)
Ms. Wilber was also upset that Jay Street Is proposed to be Improved
and they would be assessed; yet those along Bunker Lake Boulevard
aren't even involved. She didn't think it was needed. Plus the City
Is sellIng the land In Its Commercial Park cheaper than the
assessments on It.
Ms. Hurst also stated that after the publIc hearing on June 1, someone
overhead the Mayor questioning the Intelligence of the people in the
area. She was offended at that remark, In return questioning the
Intelligence of taxing 60 cents per square foot whIle the City sells
their property for 65 cents per square foot. Ms. Hurst also felt
there Is a problem with representation on the CouncIl as 2/3 of the
population lives In the southern part, yet only 1/5 of the CouncIl Is
from the southern area. At the public hearing she definitely felt
that only one Councilmember stood up for what the people wanted in
that area. She understands the Charter could section the City Into
wards for better representation. She felt that would give more equal
representation, and thIs may be a real Important reason why Andover
should consider becoming a charter city.
Ms. Hurst went on to say the Mayor has said the redevelopment In the
area would bring in new Jobs; however, Ricar was already an
established business in Andover. And the only other Jobs in the
Commercial Park is the car wash, statIng she doesn't see a real Influx
of Jobs, especIallY when compared to what is already in the area wIth
Kottke's employIng over 200 people. Ms. Hurst stated she lIves next
to the Junkyards and doesn't mind it. She has no plans for developing
her property. But now the CIty is talkIng about running CommercIal
Boulevard almost down the full length of her property.
Ms. Hurst stated Just tabling the Item at the public hearing scares
them, as they would have preferred to have It terminated. Everyone is
Jittery about having to sell their property, stating they got no
satisfaction over the way things were handled at the public hearing.
They felt no one was lIstening to them except one Councilmember.
Ms. Hurst continued that she'd like to see the Commission consider a
charter to a) control the Mayor's unethical actions, and b) prevent
lopsided representation. She also noted a Councilmember has accused
the Mayor of misapproprIatIng City funds regarding an Illegal meetIng;
however, the Council did not agree and did not bring in the City
Attorney to investIgate. So the people feel they cannot rely on a
Council to govern the Mayor when, In fact, it has been shown that he
has done something illegal and they refuse to have It investigated.
She stated the residents feel the Mayor needs someone to govern hIm,
hoping a Charter could do that.
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Home Rule Charter Commission MeetIng
June 22, 1989 - Minutes
Page 4
(Comments From Residents, Continued)
Councilmember Knight stated the accusation was that Staff time was
used in regard to the meeting with some property owners at the
Activity Center, plus coffee and cookies were served and paid for by
the City. No motion was made by the Council regarding the matter.
Ms. Hurst also noted the owner of Freshwater Tackle was allowed to get
a building permit on commercial property to add onto their home Just a
few weeks before the public hearing was held on all the proposed
improvements. She stated It was actually Illegal to expand that home
on commercial property, plus she felt the Staff should,have informed
them of the proposal before they spent all that money. Ms. Hurst
stated the residents feel the proJect is being Jammed down their
throats, that in the past it took a maJority of the landowners
Involved to be in favor before a proJect is approved. In this case,
no one wants It. The Mayor has been unethically soliciting people,
and she thought the charter could be written to prevent it.
The Commissioners noted that the City Is actually considered a
weak-Mayor City In that he only has one vote on the Council. A charter
could address the Mayor's authority, but they doubted it would be any
less than at present because it is already a weak-Mayor system.
The Commissioners noted for now, it appears the matter is dead. The
Tax Increment Financing program was set up by a previous Council, and
the proJect being talked about is part of that plan. The Commissioners
discussed the affects of Tax Increment Financing on this area. It was
determined that no one has talked about how it would be used in this
area, nor has anyone talked to the residents about It yet. Mr.
Windschitl explaIned the idea of establishing the TIF district was to
generate about $4.5 million to be used to do or to subsidize publIc
improvements in that entire area. He thought the Intent was to try to
use the increment money In some fashion to subsidize the development
in that area, as the whole idea was to use that money to help.
Councllmember Knight stated the CIty is trying to make Its TIF policy
more comprehensive, but he didn't know when that policy will be
finalized. Legally the TIF money has to be used where blight is
involved, and that is one of the reasons for trying to do something
with that section of Bunker Lake Boulevard.
Ms. Wilber agreed the area Is blighted. but she didn't like being put
In the same classification as the steam bath.
The discussion continued with those present about their fear of being
forced out of their homeS/'businesses, their concerns over things that
have been said and feeling that they are not being adequately
represented, and their concerns over the actions of the Mayor. The
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Home Rule Charter Commission Meeting
June 22, 1989 - Minutes
Page 5
(Comments From Residents, Continued)
Commissioners expressed concern that the City would push through
proJects that would cause people to lose everything, though it was
again stressed that the proJect has been tabled for now and that the
residents must be renotifled when it is considered again. They
thought the CouncIl must have been sensitive to what the people were
saying to take that action.
Mr. Windschltl noted the two issues that the Commissioners can address
is that of the assessment procedure and that of representation.
Councllmember Knight stated In the two terms he's been on the Council,
he has not seen any bIas fOL or against any area of the CIty, that
decisions have not been made where it is urban versus rural areas. He
also noted the negative side of establishing wards in the City is the
politicking that goes on, which can actually hinder progress.
Mr. Windschitl suggested those present approach the Council regarding
its policy of wanting 51 percent, a maJority, in favor of a proJect
before It Is ordered. There are some situations where a Council, out
of necessity, may need to initiate a proJect, such as in a health
issue. However, It has generally been the City's policy to have the
maJority in favor before proceeding. If that policy has not been
changed, it would alleviate the fears of those In the commercial area
that are involved in the proposed proJect. He suggested they ask that
the item be placed on an Agenda for Council discussion.
Marlvn Mardaus. 13350 Hanson Boulevard - stated the pUblic hearIng
made them feel very threatened knowing sooner or later the street has
to come in. She felt the whole thing is being rushed beyond the
means of the people In the area, and they felt the Council didn't care
about the opinion of the people there. She stated the Mayor comes on
very strong, but there are places In Andover that aren't much better
looking that the Junkyards.
(Bob Peach left at this time. 8:48 p.m.)
Councilmember Knight again stated he was told the FHA has said they
will not consider loans in Red Oaks 6th because of the Junkyards.
Mrs. Mardaus didn't think that was true, as an engineer told her it
had something to do with certain water tests. In any event, the
people in Red Oaks built those home knowing the Junkyards where there.
Councllmember Knight noted that area has municipal water. But the
builders have no control over what the FHA does, and this has become
quite an issue.
After further discussion, the Commissioners decided to meet again in a
few months to discuss the issues again. In the mean time, It was
suggested the Les1dents ask the Council about Its majority policy to
order proJects. If that issue gets resolved, the procedure has worked
very well in the past.
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Home Rule Charter Commission Meeting
June 22. 1989 - Minutes
Page 6
(Comments From Residents, Continued)
It was noted the regular sIx-month meeting would be the second Tuesday
In October, October 12, and the following meeting would be the second
Tuesday in April, 1990. The Commissioners and the residents agreed to
meet agaIn on October 12.
MOTION by Knight, Seconded by Veiman, to adJourn. MotIon carrIed
unanimously.
Meeting adjourned at 9:05 p.m.
Next meetIng: October 12, 1989.
Respectfully submItted,
;\~~0-"'~~t
Mar Ila A. Peach
RecordIng Secretary