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HomeMy WebLinkAboutCC April 17, 1990 CA CITY of ANDOVER Regular city Council Meeting-April 17, 1990 7:30 P.M. Call to order Resident Forum Agenda Approval Approval of Minutes Continued Board of Review Discussion Items 1. Special Use Permit/Dan & Beverly Penn 2. Variance/D. Isle 3. Ordinance 8 & 40 Amendments 4. Assessment Abatement/86-19 5. property Evaluation Services/LMC 6. Sidewalks/Creekridge¡ Bent Creek¡ MSA 7. Change polling Place/precinct 3 Staff, Committee, Commission 8. Appoint Planning Commission Member 9. Public Safety Committee Report 10. Approve Classification & Sale of Forfeit Lands 11. SAC Rebates 12. Award Backhoe Loader Bids 13. Public Works Capital Equipment 14. Computer/Gopher State One Call 15. Ordinance 28 Amendment Non-Discussion Items 16. Approve Non-Intox. On-Sale Liquor License/ Woodland Creek Clubhouse 17. Accept Work, Direct final Payment/87-6¡ 88-1 18. Order Assessment Roll, Accept Roll, Waive P.H., Adopt Roll/89-15 & 89-18/Kirby Estates Approval of Claims Adjourn --.-~~ --, . CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - APRIL 17. 1990 MINUTES The Regular Bi-MonthJy Meeting of the Andover City Council was called to order by Mayor Jim EJling on April 17, 1990; 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW. Andover, Minnesota. CounciJmembers present: Jacobson, Knight. Ortte I , Perry Councilmembers absent: None Also present: City Attorn~y. William G. Hawkins: Planning and Zoning Commission Chairperson, Rebecca Pease; Public Works Supervisor, Frank Stone; City Planner, Jay B1ake; City Finance Director, Howard Koolick; City Assistant Engineer. Todd Haas: City Administrator/ Engineer. James Schrantz; and others RESIDENT FORUM Gerry WeGner. 13425 Jay Street - stated he just received his tax statement. and it Increased 62 percent. He asked why. Counc i I agreed to discuss it further at the Continued Board of Review this evening. Mr. WeGner - stated there are tires. a freezer. and a dryer dumped alongside the road on Jay Street. Mr. Blake stated he wi I I not it y the property owner to have it cleaned up. Kevin Fish. 835 146th Lane NW - wondered why they are not getting any Interest on the SAC charges they are getting back. Mayor Elling noted more information needs to be gathered regarding whose SAC charges have been forwarded to the MWCC. He recommended that Item 11. SAC Rebates, be continued to the May 1 meeting to alJow Staff time to research it further. AGENDA APPROVAL It was agreed that the following items be added to the Agenda: Item 7a. Don Emmerich/Commercial Lot Purchase; It em 15a. Park Dedication for New PJats: Item 19a, FHA letter: and Item 19B, Meeting wi th Metropolitan Council Representative. MOTION by Orttel, Seconded by Perry, approve the Agenda as amended. Motion carried unanimously. Mayor EI ling asked for a motion to continue Item 11, SAC Rebates, to the May 1 meeting. MOTION by Perry. Seconded by Orttel, to so move. Motion carried unanimously. -' --~- -~- ~- . Regular City Council Meeting April 17. 1990 - Minutes Page 2 APPROVAL OF MINUTES April 3. 1990 - Correct as written. MOTION by OrtteJ. Seconded by Perry. approval of the April 3 Minutes. Motion carried unanimously. CONTINUED BOARD OF REVIEW Anoka County Assessors John Leone and Scott Varner reviewed their recommendations as outlined In their April 17. 1990. letter to the Mayor and Council: 1) Charles Vieman. PIN R33 32 24 31 0007 - reduce assessment from $76.400 to $68,600 because water Is not readily available to a potential second parcel. 2) Jerry & Betty Saarenpaa. PIN R22 32 24 24 0015 - reduce assessment from $178,200 to $163,800. which is acceptable to the property owners. 3) Dick Nelson. PIN R12 32 24 22 0003 - reduce assessment from $22,000 to $16.700 because of the concerns of the buildabillty of the lot. PIN R12 32 24 22 0004 - no change. Mr. Varner Indicated Mr. Nelson has agreed to both assessments. 4) Michael HaIJ. PIN R21 32 24 33 0004 - no change. Mr. Leone stated he answered Mr. HaJJ's questions and understood Mr. HalJ would call back if he stlJI was not satisfied. Mr. Hall never called back. 5) Bill Wood, PIN R21 32 24 33 0014 - reduce assessment from $174.200 to $171.600 based on a comparable sale. 6) Robert Nehring. PIN R25 32 24 33 0002 - reduce assessment from $106.800 to $95.800 because of the repairs needed on the structure. The $80.000 figure told Mr. Nehring by the reaJtors incJuded only a 2 1/2-acre lot. not the entire 80 acres. PIN R25 32 24 33 0003 - reduce from $33,000 to $24,800. Discussion was then on Gerry Wegner's Issue raised in the Resident Forum. Mr. Varner stated he has talked with Mr. Wegner and will meet with him on Thursday. He noted the difficulty of setting values In that area because of the uncertainty of where and what type of development there will be. where Commercial Boulevard will be. etc. . Regular City Council Meeti ng April 17, 1990 - Minutes Page 3 (Continued Board of Review) Counc i I questioned whether Mr. Wegner's appeal rights would be affected if the Counc i I closed the Board of Review this evening. Mr. Varner expJalned this would be an abatement of prior year's valuation and would not be affected by Council action this evening. They have the power to make corrections for the prior two years. If Mr. Wegner- is not satisfied with a revised valuation on his property, he sti II has other appeal levels on the county level. No action was taken by the Counci]. MOTION by Jacobson, Seconded by Orttel. the recommended reviewalS of the 1990 assessment as pr-esented dated Apr-II 17, 1990, from the County Assessor's Office. Motion carried unanimously. Board of Review closed at 7:55 p.m. SPECIAL USE PERMIT/DAN AND BEVERLY PENN Chairperson Pease reviewed the Planning Commission's recommendation to approve the Special Use Per-mlt request for an in-home beauty salon at 1430 137th Lane NW with the conditions set forth In the prepared Resolution. Mr. Blake explained the Penn's also proposed a tanning booth as part of the operation; however-, the P & Z made no recommendation on that Issue because the ordinance does not address it. The recommendation is only on the beauty salon. though the P & Z has suggested the Council refer the item of tanning booths back to them for consideration. He believed the Penn's Intend to put in the tanning booth now. Attorney Hawkins stated it may be argued that tanning booths are now a normal function of beauty salons. If so, the City's ordinance should be updated to reflect that because that is something that was not contemplated when the ordinance was written. Another function of beauty sa]ons is massages. which the City may also want to address. Mr. Penn - stated they are planning to open as soon as possible. They wi 11 get the permit and begin construction as soon as this is approved. Counc i I agreed the SUP would be for a beauty salon only, directing that the P & Z address the uses of tanning booths and massages In beauty salon operations. MOTION by Knight. Seconded by Perry, the Resolution approving the Special Use Permit request of Dan and Beverly Penn as presented. adding Item 9. that the tanning par-t of the oepratlon would be left tor further study by the P & z. (See Resolution R045-90) Motion carried unanimously. .. -- -.. .- . Regular City Council Meeting Apri I 17, 1990 - Minutes Page 4 (Special Use Permit/Dan and Beverly Penn, Continued) MOTION by Orttel, Seconded by Perry, that the Counci I refer the issue of accessory uses for beauty shops back to the Planning Commission for their comments. Motion carried unanimously. VARIANCE/D. ILSE Mr. BJake reviewed the request of Don and Joyce Isle for a variance to the Jot size requirements for the Rum River Scenic District at 17322 Aztec Street NW. Though the Planning Commission found no hardship for granting the variance, Mr. Blake felt the proposa I would actually Improve the non-conforming status ot the three properties. He didn't think the creation of an additional riparian Jot would be contrary to the overa II intent of OrdInance 52 and would not increase the IntensIty of the nonconforming use. Don Ilse - stated the proposal is to meet the concern that his neighbor has about being able to control her property. They are having problems with that portion of Ms. Pletan's property that she cannot see from her house and which provides direct access to the rIver. They have had repeated and escalating prob]ems for the past several years with teenagers from a]1 oVer havIng parties there. And the kids have found out he does not own the property and pay no attention to him. He'd like to be able to control that property. Ms. PJetan Is also concerned about her I iabll ty If someone got hurt on her property. Counc i I general Jy agreed the proposal is a reasonable use of the Jand. It would aJlevlate a nuisance having to do with use. and It would not change the number of buildable lots. MOTION by Knight, Seconded by Orttel. that we direct the Staff to prepare a Resolution approving the request of Mrs. Pleten and Mr. and Mrs. Ilse to transfer the described piece to Mr. I Ise, and In that Resolution list the hardship mentioning the nuisance issue and that it reduces the Jots from three to two In the bluff zone; that Don Ilsle and Mrs. PJeten make joint applicatIon for this request. Motion carried unanimously. The prepared Resolution wilJ be on the May 1 Agenda for Council action. ORDINANCE 8 AND 40 AMENDMENTS Counc I I agreed to eliminate rechecking each permit and that it would be declared null and void If the conditions are not met within 12 months of approval. Ordinance 8, Sections 5.03 CD) and 5.04 (G) and Ordinance 40, Section III E. to read as fo]lows: If the conditions are not met withIn twelve (12) months of approval of the (Special Use Permi t, Variance. Lot Sp J It), the (Special Use Permit. Variance, Lot Sp J It) wi I I be declared null and void. .'- Regular City Council Meeting Apri 17, 1990 - Minutes Page 5 <Ordinance 8 and 40 Amendments, Continued) MOTION by Jacobson. Seconded by Perry, the adoption of the Ordinances as presented with the changes discussed. (Amendments to Ordinances 8 and 40 as previously noted) Motion carried unanimously. ASSESSMENT ABATEMENT/86-19 Mr. Schrantz asked to table the Item to the May 1 meeting to al low him mo~e time to discuss the Items with Rosella Sonsteby. MOTION by Knight. Seconded by Ortte]. to so move. Motion carried unanimously. PROPERTY EVALUATION SERVICES/LMC Councilmember Orttel recommended the City buildings be appraised for Insurance pu~poSeS as proposed by LMCIT In their letter dated March 12. 1990. Because the City's buildings have never been formally appraIsed. the valuation has only been estimated. He dIdn't feel comfortable making that decision for insurance purposes. The cost Is $125 per building for an on-site inspection, which would come from the insurance line item in the budget. MOTION by Jacobson. Seconded by Perry. that we employ property evaluation services of the League of Minnesota Cities to look at the Andover City Hall and the Public Works and Fire Department buildings for a total amount of $250. Motion carried unanimously. SIDEWALKS/CREEKRIDGE/BENT CREEK/MSA Mayor Elling suggested a sidewalk polley be addressed in the Assessment Manual. Mr. Schrantz noted the current pOlicy states they do not assess for sidewalks. Mayor El ling stated the proposal to construct sidewalks along South Coon C~eek Drive in Creekrldge Estaes and along Bunker Lake Boulevard In Bent Creek Estates are safety issues. M~. Koollch noted there are funds In the Park Board budget that could be used. Mr. Blake also noted that the developer of Bent Creek paid to have that sidewalk put In when Bent Creek was developed. Mr. Haas stated the developer has escrowed $3.700 for the sidewalk along Bent Creek. He is estimating about $5,000 for the sIdewalk along South Coon Creek D~ive. A suggestion would be to use MSA funds to build the sidewalk rather than Pa~k Board tunds. _. 4~_ - --'- . Regular City Council Meeti ng Aprl 1 17, 1990 - Minutes Page 6 (Sidewalks/Creekridge/Bent Creek/MSA, Continued) The Counc i I didn't thInk it would be necessary to construct the sidewalk through the parking lot at Bent Creek. They also asked that the placement along Bunker Lake Boulevard coincide with the county's plans to update that road. Mr. Haas was asked to provide for specific drawings for the proposed location of the sidewalks. obtain bids. and bring it back to the Counc i I with a proposa I for funding. MOTION by Perry. Seconded by Jacobson, to so move. Motion carried unanimously. CHANGE POLLING PLACE PRECINCT 3 MOTION by Knight, Seconded by Orttel. a Resolution changing polling place for Andover Precinct 3 as presented. <See Resolution R046-90) Motion carried unanimously, DON EMMERICH/COMMERCIAL LOT PURCHASE Mr. Blake explained a company located in Bloomington is considering moving to the Andover CommerciaI Park or into Blaine. It Is a medical packaging company that packs and ships medical products. He aSked for direction from the Council regarding the price of the lot, understanding the parcel In Blaine costs less per square foot. Don Emmerich - stated he was approached by the company regarding commercial property in Andover. The company currently employs 40 people; however, most of them would not move to Andover. So it wI 1 I provide jobs to local resIdents, and they are expecting to expand to 65 employees In the next two years. The building will be valued at about $500,000, simillar to the Rlccar building. One-third wi II be warehouse, one-third wi 1 I be manufacturing, and one-third will be for off ICes. The company packages and shIps surgIcal equipment; there are no medical wastes and minimal water usage. MOTION by Jacobson. Seconded by Orttel. that we authorize City Staff and City Attorney to negotiate with Mr. Emmerich. and If need be. the owner of the industry, and to come back to the Economic Development Committee with a recommendation on the property and, if need be. at an earJier then normal scheduled meeting. DISCUSSION: Mr. Emmerich stated the taxes on the bulJding would be about $24,000 a year. plus many employees would come from this area. The company Is asking what can be done for them either in a reduction of the land price to make it feasible for them to make the move or to help in the moving costs. He fe It It may be to the City's benefit to offer a reduction in the land price. It is a good, sound industry with net gross increases of 25 percent over the last four to five years. MotIon carrIed unanimously. '. ..- -- Regular City Council Meeting Apri I 17, 1990 - Minutes Page 7 APPOINT PLANNING COMMISSION MEMBER MOTION by Jacobson, Seconded by Perry. that we authorize the appointment of Bill Co I eman to f i J J the vacant position of Gretchen Sabel for the remainder of her term. to December 31. 1990, and to appoint as an alternate member. Mr. Steve Jonak. as recommended by the PJannlng Commission. Motion carried on a 4-Yes. i-Absent ( Kn I gh t ) vote. PUBLIC SAFETY COMMITTEE REPORT Mayor Elling updated the Council on the activities of the Public Safety Committee. The Committee has recommended the Council call for a referendum to finance $2.5 million for two fire stations. land for a third station and equipment. He referred to the letter from Mr. Koolick showing the impact of the bond on the taxes using different scenarios ot interest rates and length of the bond. Mayor EIJing explained there may be legislation passed restricting locaJ referendums to general elections. Attorney Hawkins thought it would go into effect August 1 if it passes. CounciJmember KnIght asked if the drawings of the stations are the same as the originals. Firefighter Dave Reitan stated they are sJightlY modified in that they are rearranging some of the rooms to more efficiently use the square footage. Councilmember Jacobson asked whether the increased maintenance costs for three stations have been calculated. Mayor Elling said no. though i t Is recognized there will be increased costs in maintenance and for additionaJ firefighters. Councllmember Orttel guessed personnel costs would Increase 35 to 50 percent and the overhead on the buildings wouJd double. Mayor Elling noted the proposal also gives Public Works addl tlonal space for their equipment. predicting if this does not pass. another cold storage building wilJ be needed to house that equipment. Counci1member Jacobson asked if the Committee discussed going for one station Instead of two at this time. Councllmember Orttel stated yes. but It was fe1t that the fire protection is really behind In the City and that two addltiona] stations are needed now. AJso. splitting it into two referendums becomes a geographic issue. Mayor Elling aJso exp1ained that if the referendum is approved. the Commi ttee is requesting that the Council revise the MSA plan and prioritize the construction of 165th from Round Lake Boulevard and CoRd 20 to TuJip for better fire protection in that northwest area of the City. No definite site for the northwest station has been established. just the general area where it wi]] go. -. ~~ Regular City CounciJ Meeting Apri I 17. 1990 - Minutes Page 8 (Public Safety Committee Report. Continued) Attorney Hawkins advised the question on the referendum will be to the effect of whether the City shall bond $2.5 million for the construction of buildings and for equipment for fire protection. The City bears the cost of the election and printing the ballots, which should be a minimal cost. Discussion was on a date for the referendum. Members of the Fire Department recommended the last ha It of JulY, noting If It can be done then. money can be saved by starting construction in the fall versus spring construction. Counc II discussed the length of the bond. They generally preferred a ten-year' Issue, thInking that the growth of the City may dictate addl tlonal fIre protection needs beyond ten year's. Mr. Koollck explained there Is no way to project the City's net tax capacity because there is no history. His scenarios assume no growth. Though he recognizes there will be some growth. he would not know what percent to use In determining the Impact of the bond Issue on taxes. Councilmember Orttel felt assuming no growth is inaccurate. askIng to have this studied further. MOTION by Orttel, Seconded by Perry. that the Counc i I authorize Staff and legal counsel to prepare a Resolution setting out the terms of an election to be held dealing with the sale of $2.5 million in bonds for the Improvement of fire protection in the City of Andover wi th the election to be held the 17th of July: the Resolution to be brought back at our next regular meeting. DISCUSSION: Counc II verbally agreed to a 10-year bond issue and asked Mr. Koollck to determine the tax impact i f the payments were more evenly spread out. Motion carried unanimously, Attorney Hawkins advised the Council should put out the information to the residents and should not spend City money to promote or to defeat It. but he was not aware of any limitations on Councilmembers as Individuals to actIvely work for or against the bond issue. Counc i I agreed the Fire Department should do a layout for the proposed brochure for legal and Counc i I consideration before printing them. Mr. Koollck noted the FIre Department has about $4,200 in their operating bUdget under prInting to print Information and publicIze the bond eJectIon. Fire Chief Glen Smith also informed the Council that It Is their Intent to canvass the entire City door-to-door before the election. Counc i I recessed at 9:39: reconvened at 9:48 p.m. Regu]ar City Council Meeting Apri J 17. 1990 - Minutes Page 9 APPROVE CLASSIFICATION AND SALE OF FORFEIT LANDS Counc i I agreed to acquire Parcel 12 32 24 12 0007 for future street. They a]so agreed to have Mr. Blake discuss combining PIN 32 32 24 13 0070 with 0072 with the property owners. MOTION by OrtteJ, Seconded by Perry, the Counc i I ask the County to classify as tax forfeit and sell the foJlowing parce]s: Items 2. 3, 4, 5. 6. and Item 7 on the Staff recommendations dated AprJI 17 (PINS 33 32 24 13 0016. 05 32 24 33 0012, 07 32 24 21 0014, 07 32 24 22 0010, 24 32 24 24 0004. 32 32 24 13 0070). and note that PIN 12 32 24 12 0007 be acquired by the CJty for pubJ!c purposes; and the recommendation is the City P]anner discuss with the owner of the last parcel (PIN 32 32 24 13 0070) and have that remain in private ownership, Motion carrJed unanimously. AWARD BACKHOE LOADER BIDS Mr. Stone reviewed the three bids for a Tractor Backhoe Loader: Lano Equipment $47,895: J. I. Case Company. $48.738: and Long Lake Ford, $51.803.25. Two employees operated a] I three machines, and their first choice was the Ford. then the JCB and Case. The company that met the specs the closest was Long Lake Ford. The JCB unit was next. but it is a smaller machine. He also handed out a sheet comparing the three machines. Denn i s Nester. Lonq Lake Ford - expJained why he felt the Ford is a better backhoe. He stated the specs asked for an extendabJe dipper stick which provides extra capacity to extend the reach out and get additional dirt. The outer sheJ I on the Ford extends into the trench. rather than the inner shel I. which prevents premature wear on the components, whereas the JCB mode] bid has an inner dipper which extends. He felt the biggest factor is that the Ford has a 15 1/2-foot digging depth which extends to 19 1/2 feet. whereas JCB is a foot shorter, He felt that Is Important. especially in Andover where there Is a lot of sand. The JCB is a different sJzed backhoe. He bid a tractor that met the City's specs, notJng he couJd have bid a smaller one which compares to the JCB model that was bid. Dan McEwen. Lano Equipment - explained why the JCB model is better than Ford's. stating this was a very open spec. Their model has performed we] I in the past and Js engineered a little differently to accomplish the same thing. He stated JCB is the largest backhoe In Europe. is second overall In the world and third in this country. They are a bobcat dealer and have won service awards for the past four years as one of the top ten dealers in the United States. -- ~~ -- Regular City Council Meet! ng Apri I 17, 1990 - Minutes Page 10 (Award Backhoe Loader. Continued) There was a lenghty discussion on the three pieces of equipment. thelJ:" slmlliarities and differences and costs. Attorney Hawkins advised if the differences are not substantial, the Counc i 1 Is required to award the bid to the lowest responsible bidder. MOTION by Perry. Seconded by Jacobson. that the Counc i I authorize the Public Works Superintendent to enter into a purchase agreement with Lano Equipment of Shakopee to purchase the Basic JCB unit plus extended warranty for a total package of $47,895. DISCUSSION: Councilmember Orttel was not familial:" with the company and did not want to purchase from someone who would not be in business In a few years to do warranty and maintenance work. Therefore, he questioned whether this Is the lowest "responsible" bidder. Mr. Nester - felt the Counc i I is ovel:"looklng the fact that the important Item Is the dIgging depth. The Ford meets and exceeds that spec: he was not sUl:"e that the JCB meets it. He aSked the Council to consider that he is being penalized fOI:" exceeding the specs. He said he could have met the specs with a smaller machine equivalent to the JCB. He also stated that JCB does have a machine that would meet aJ I the specs. Model 1550 : but they did not bid that. Mr. Nester stated they have been a dealershIp for $8 years and have an inventory of parts, asking that that also be taken into consideration. Mr. McEwen - stated he has represented three different companies in his 15 years in the business, and there are different ways of makIng backhoes. Theirs does not lay as flat. He could bid the next machine, but then Mr. Nester could bid his smaller machine. stating that could go on forever. He stated the JCB meets the specs: he is giving a good warranty and a 48-hour parts warranty: and he felt they are the lowest responsible bidder. Mr. Stone stated he combined specifications from the county. Coon Rapids and several other ci ties. He stated the differences between the JCB and the Ford are not what he would consider significantly di fteren t. He again stated the Ford met the specs the closest overall. Counc i 1 raised the concern about how the specs were written. VOTE ON MOTION: YES-Perry: NO-Ell ing, Jacobson, Knight, Orttel Motion fai led. Cralq Carlson. Case - stated the way the specs were written. for him to bid the next sized machine would be overkill. In this class, they are comparable machInes. The Case is a lIttle lighter. but they are the numbel:" one sel leI:" of backhoes in the world. - ._~- -- . - Regular City Council Meeting Apri I 17, 1990 - Minutes Page 11 (Award Backhoe Loader, Continued) MOTION by Jacobson. Seconded by Knight, that we accept the bid from Long Lake Ford at $51.803.25 as being the most responsible bidder to the bid specifications that were sent out realizing that all three do not meet in all parts al I of the requirements, but the Ford being closest to the requirements that were sent out. VOTE ON MOTION: YES-Elling. Jacobosn. NO-Knight, Perry. Orttel Motion failed. MOTION by Knight, Seconded by Orttel. to reject and rebid the item. Motion carried on a 4-¥es. l-No (Perry) vote. PUBLIC WORKS CAPITAL EQUIPMENT/COMPUTER FOR GOPHER STATE ONE CALL Mr. Stone asked if the Council intends to go out for capital equipment bonds. Counc i I realized the need for capital equipment purchases but wanted to wait until after the State Legislative Session Is over to know how the City will be impacted financIally by new legislation. Mayor Elling asked for a motion to continue the Items 13 and 14 to the next meeting until the Legislature is completed. MOTION by Knight. Seconded by Perry. to so move. Motion carried unanimously. ORDINANCE 28 AMENDMENT MOTION by Knight that we direct the P & Z to deal with the issue being aware that we don't want to expand the gambJing concept, that they deaJ with the lottery only. No Second. DISCUSS ION : Mr. Blake understood the gambJlng ordinance was repealed because the State regulates it. Currently the City does not regulate gambling other than to say It cannot be done with a non-intoxicating malt liquor license. Councilmember OrtteJ recommended if there is a concern, amend Ordinance No. 28D, Subdivision 5 to state: No gambling or any gambling device shall be permitted on any licensed premises with the exception of state sponsored activities. Councllmember Jacobson had no problem bringing the City's ordinance into conformance with the State gambling provisions as long as it doesn't extend it further than what is authorized. Attorney Hawkins stated the City does have the authority to impose regulations if they are more stringent than the State's, such as not aJJowing pull tab activities. The City can require that a percentage of the net protlts, up to 100 percent, trom pull tab activities go to organizations within the trade area as defined, such as within the city limits of Andover. However, the City cannot regulate the lottery since I t is run by the State. -. ~~ Regular City Council Meeting AprIl 17, 1990 - Minutes Page 12 (Ordinance 28 Amendment, Continued) MOTION by Knight. Seconded by Perry. bring back the motion referencIng it back to the P & Z with the intent that we want to control all forms that we can within the City. Motion carried unanimously. PARK DEDICATION FOR NEW PLATS Councilmember Knight didn't realize the City Is requiring the developer to pay the appraisal costs for park dedication fees. It that is the case. then the developer is paying more than 10 percent, which can be burdensome for the smalle~ developers. He didn't think that was the City's Intent. Discussion noted the ordinance change which now has every parcel appraised, reviewing how that came into effect. Mr. Koolick estimated the cost of an appraisal is $200 to $250. Ron Ferris. P & Z Commissioner. stated the original procedure was to hire three appraisers for plats only when the Park Board brought this to the Counci I. It did not include Jot spl its. Counc i I action was to have three licensed appralse~s available for the Park Board to use on a rotating basis. and It would be the developer's responsibilIty to pay that cost. It was subsequent action that Inc I uded lot spll ts. Counc i I agreed to ask the Park Board Chairman to attend the next Counc II meeting to discuss this Item further to be sure the Intent Is being carrIed out. APPROVE NON-INTOXICATING ON-SALE LIQUOR LICENSE/WOODLAND CREEK CLUBHOUSE MOTION by Orttel, Seconded by Knight. to so move. D! SCUSSI ON: Councilmember Jacobson noted this is a residential area, and Mr. BJake has Informed him the ordinance allows 3-2 liquor licenses in any part of the City, even residential. Mr. Blake stated non-intoxicating liquor ]icenses are allowed by Council approval in any district that meets the requirements. Intoxicating liquor licenses are allowed by Special Use Permit only in certain districts. Councilmember Oittel noted this is non-intoxicating liquor, whose ordinance has been in existence since 1975, as opposed to the hard-liquor I icense set up in 1981. Mr. Blake explained the Council allowed the PUD in an R-4 district, and a non-intoxicating liquor license can be allowed In a resldentlaJ area by Counc i I approva I. Motion carried on a 4-Yes. l-No (Jacobson) vote. ,. ,- Regular City Council Meeting Apri I 17. 1990 - Minutes Page 1$ ACCEPT WORK. DIRECT FINAL PAYMENTS/IP87-6 AND 88-1 MOTION by Jacobson, Seconded by Knight. the Resolution for Project 87-6 as presented. <See Resolution R047-90) Motion carrIed unanimously. MOTION by Jacobson. Seconded by art tel. the ResoJution for Project 88-1 as presented. <See Res. R048-90) Motion carried unanimously. ORDER ASSESSMENT ROLL/ACCEPT ROLL. WAIVE PUBLIC HEARING/ADOPT ROLL/ 89-15 AND 89-18. KIRBY ESTATES Kav Olson - stated the assessment roJ I contains water connection charges and sewer connection charges. It Is her impression that the WAC and SAC charges are contractor charges, not the developer's. AJso. those charges are 1990 charges: however, two of the building permits were pulJed in late 1989. She wondered if that is inconsistent. Mr. Schrantz stated when the roll was done, everything was done equaJJy. He stated those charges increased 5 to 6 percent over last year on January 1. This is for water and sewer connection charges, the City's costs, not the SAC charge. Those charges have been assessed since 1985. Attorney Hawkins noted if the 1989 charges are used for those two permits. Interest would be paid on it. So the net result may be the same as leavIng it as It Is. Mr. Koolick was also concerned about setting a precedent of keeping track of when bulJdlng permIts are pulled in each subdivision to factor out assessments. He felt that would be a tremendous job. Counc i I agreed to the roll as prepared. MOTION by Perry, Seconded by Jacobson. introducing the Resolution declaring cost and directing preparation of aSSeSsment roll for the improvement of watermaln. sanitary sewer, streets and storm draIn for Project No. 89-15. Kirby Estates and 89-18, Southeast part of Watts Garden Acres. <See Resolution R049-90) Motion carried unanimously. MOTION by Orttel. Seconded by Perry. a Resolution adopting the assessment roll for the Improvement of watermain. sanitary sewer, storm drain and street construction Project No. 89-15. Kirby Estates and 89-18. Watts Garden Acres, as prepared. <See Resolution R050-90) Motion carried unanimously. FHA LETTER/MEETING WITH METROPOLITAN COUNCIL REPRESENTATIVES Mayor EI ling noted the letter from FHA regarding their position on neighborhood standards. He felt something should be done to address the problem such as those mentioned in the letter: rules tor acceptable separation distanceS from salvage yards or on-site containment of materials in buildings, requiring landscaping and fencing to reduce adverse visual impacts. .- -- ReguJar City Council Meeting Apri I 17, 1990 - Minutes Page 14 (FHA Letter/Meeting with Metropolitan Council Reps. , Continued) Counc i I discussed some suggestions such as providing funds for screening, buying the Hurst property to provide a buffer with multiple housing, and require inside operation of salvage yards. Mayor Ell i ng thought an ordinance requiring inside operation of the salvage yards could require that compliance over a 24-month period. AttorneY Hawkins thought there was some precedence for amortizing uses of a nuisance to an area as long as ther-e is evidence that they ar-e having an impact on the surrounding area. Mayor Elling noted Deerwood Estates was turned down for FHA financing because the Met Council r-equlres 10-acre sites. He also discovered the Met Council Staff is making the final updates on the Rural Development Guidelines with no input from nor knowledge of it by the affected communities. So he called a meeting of many of the mayors and supervisors of the surrounding communities and steve Keith of the Met Counc i I about those Guidelines and the 4-for-40 development concept of the Met Council. Nothing was done, but it was productive in that they did exchange a lot of Ideas. The Mayor suggested the City's Comp Plan update be stopped until the Rural Development Guideline Is completed by the Met Council. AJso. FHA Is now refusing to finance rural developments on less than the 4-for-40 density because of the Met Counc II policy. Discussion continued on the effects these policies have on the City and what action is open to the City. Mr. Blake expiained they are about a fourth of the way through the Comp Plan update. Counci Imember Orttel suggested doing nothing with the City's Comp Plan as it relates to Met Council guideJines for at least 90 days when the Met Council guidelines wi II be developed. Counc II agreed. Discussion returned to the proposal of requiring salvage yards to operate inside. JoAnn W i I ber. lunkvard operator - didn't feel they are the cause of the probJem. She suggested someone studY their operation and how they work. She didn't think there were many offers from developers to develop next to them. nor did she think It was proper to be discussing a requirement for salvage yard operators without everyone in attendance. She also felt that other options need to be looked at. No Counc II action was taken. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Knight. Checks Numbered 5129 through 5220 with the note that Checks Numbered 5173 and 5210 are void. for a total of $707,778.07. Motion carried unanimously. MOTION by Jacobson. Seconded by Knight. to adjourn. Motion carried unanimously. Meeting adjourned at 11 :30 p.m. RespesctfulIy sUbmitt~ )~~~ Mar ella A. Peach, Recording Secretary n' -- -- ..