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HomeMy WebLinkAboutCC June 19, 1990 ~) CITY of ANDOVER .L ..,. Regular City Council Meeting-June 19, 1990 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Neighborhood Preservation Association Petition 2. Amended Special Use Permit/Constance Free Church 3 . Ken Kobs Sketch plan 4 . Genthon Ponds Sketch plan 5. Final Payment/88-1/Crosstown Blvd., Cont. 6 . Discuss Establishing Boundary Commission 7 . Adult Use Business Ordinance 8. Approve Bond Sale Staff, CmBoli t tee, Commission 9 . Approve Temp. Non-Intox. Liquor Licenses/Lions 10. Park Dedication Fees/Lot splits 11. Povlitzki Lot Purchase 12. 13. Approve Union Contract 14. Carpet Replacement 15. Accept Resignation/City Planner 16. Approve Recycling Agreement Non-Discussion Items 17. Approve Resolution/Jay st. Auto Dealers Sign 18. Approve plans and Specs/90-6 Approval of Claims Adjournment CA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - JUNE 19, 1990 MINUTES The ReguJar Bi-Monthly Meeting of the Andover City CounclJ was calJed to order by Acting Mayor Mike Knight on June 19. 1990. 7:30 p.m.. at at the Andover City Hal l, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, OrtteJ, Perry CounciJmember absent: Mayor Elling Also present: City Attorney. Wi I liam G. Hawkins: PJannlng and Zoning Commissioner Chairperson Becky Pease; Assistant City Engineer, Todd Haas; City Planner. Jay Blake: City Finance Director, Ho]ward KooJick: City Administrator, James Schrantz; and others RESIDENT FORUM Jack McKelvey - aSked for the effect on the tax levy for next year of the approximately $20.000 cutback from State funds. He asked for that information previously but Is now being told by Staff that he must request the CounciJ for It. WIth this amount to be made up In the City's budget. plus al] the other tax liablJities that may be pJaced upon the residents. he wanted to determine what the taxes will be in 1991. Counc il noted the budget for 1991 has not yet begun. but $20,000 amounts to about a 1 percent impact on the overall tax levy. Mr. Koolick stated it Is 1.53 percent of the revenue base. More accurate Information wi I] not be known until the 1991 bUdget is determined. Bob DII Ion. 4995 159th Avenue NW - stated he Is a charter member of the Andover Volunteer Fire Department pJus has had 11 years of service on the Salk Rapids Department and is famliar with the process. To him If the Department is properJy run. each member has a vote: and it is an efficient way of doing business. He stated he objected to the process of conculsions being reported out of the bul]ding committee that requires the vote of the membership. Chief Smith was elected In January. 1990. FollowIng a telephone conversation. he received a gag order, noting the Council has copies of that letter. At that time he went over severa] issues of Roberts Ru]es of Order and felt the Issue was resoJved, but more recently the issue has been brought up again. He contended that the Chief is chief at the fire scene and chairman of a deJiberative assembly. and asked for a response to that statement from the Counci] and the Attorney. Mr. Dillon didn't find in Roberts Rules of Order where the chairman of a deliberative assembly can appoint and authorize a committee to determine offIcial poliCY and organization. He felt the vote of the Regular City Council Meeting Minutes - June 19. 1990 Page 2 (Resident Forum, Continued) membership is sacred. He also cannot find reference to gag orders prohibiting participation at a membership meeting, stating he is not subordinate to anyone at a deliberative assembly and cannot be held insubordinate. He felt he had a right to insist that the meetings be conducted by Roberts Rules of Order. Mr. Dillon read several sections of Roberts Rules of Order noting all committee reports must be voted up or down by the membership. He believed they cannot authorize someone to determine the official position of the organization other than by the vote of the membership. He felt that has happened. Othe~ references made to Roberts Rules of Order were on the chairman's responsibility to obey the commands of the assembly and that the rules are to serve the will of the assembly. He asked that the City Attorney review the Information and see what is based on the minutes and what Is on innuendo, illusion. opinion or personal agenda. Mr. Dillon also stated he supported and stil I supports Chief Smith but felt it is unfortunate so few people in the community understand Roberts Rules of Order. Attorney Hawkins stated he did not have all of the supporting material to review the issue prior to the meeting. After some discussion. Counc i I agreed to have the attorney submit a written opinion on the matter. MOTION by Orttel. Seconded by Jacobson, that the item regarding the By-Laws and the operation of the Fire Department subcommittees be referred to the City Attorney for his opinion. Motion carried on a 4-Yes. i-Absent <Ell ing) vote. AGENDA APPROVAL Counc i I agreed to add Item 16a, Coon Rapids P & Z Meeting. MOTION by Orttel, Seconded by Jacobson, move the Agenda as amended. Motion carried on a 4-Yes. i-Absent (Elling) vote. NEIGHBORHOOD PRESERVATION ASSOCIATION PETITION Steve Wood. 3723 145th Avenue NW - addressed the Council of concerns the Andover Neighborhood P~eservatlon Association has with a three-year permit Issued by the DNR to Ken Slyzuk, 14214 Crosstown Bou I evard, In 1988 to pump water from a ditch on his land into Coon Creek. He summarized the provisions of the permit noting some of the violations that have occurred with regard to reports. Also, the pump was installed before the permit was Issued. They asked the Council to seek the cessation of pumping from the ditch into Coon Creek. feeling there Is enough evidence to support that the pumping may have an. adverse effect on the lake. The residents would also like the removal Regular City Council Meeting Minutes - June 19, 1990 Page 3 (Neighborhood Preservation Association Petition, Continued) and permanent closure of the large culvert which directly connects Mr. S]yzuk's private ditch to Coon Creek. They a]so ca]led for a more thorough review of alJ of the ditching system in Andover which might reasonablY be expected to Influence the water leveJ in Round Lake. In the long term they wou]d like consIderatIon gIven to the installation of aeration equipment or reversal of the sedimentation process which Is rapldJy fil]ing In the lake. Pete Brown, resident. stated the legal governIng body has the authorIty to call a public hearing to revIew the permit; however. the CIty dId not hold one for this permit. Mr. Schrantz stated the City Staff responded to the DNR; no publIc hearIng was held. Tom Hovey. DNR area hYdroloqist for Anoka County - stated they know the land around Round Lake was developed prIor to 1938 with the basic ditch system now In place, guessIng the landowner has the rIght to use his land as it has been used. He has asked the Coon Creek Watershed to find the origInal eJevations of the ditch. Mr. Hovey stated the pump In question did not run between last June and May 31. 1990. Between April 25, 1990, and tonight, Round Lake rose almost one foot. In talking to Mr. Slyzuk. the first week the pump was only run between midnight and 4 a.m., and between 11 p.m. and 4:00 in the afternoon since that time. Mr. Hovey explained Round Lake is monitored. and they believe the low lake Jevel Is basically due to the weather, noting the lake is responding basically the same as other lakes that are monitored. He also reviewed the DNR seepage study, noting it appears the lake has outward seepage In the southeastern direction and inward seepage from the south/northwest/northeast direction. He showed graphs of the water levels and sediment. Mr. Hovey then expJained the permit to Mr. Slyzuk was after-the-fact, as the pump was Installed prior to the issuance of the permit. Because Mr. S]yzuk has been cooperatIve whenever they request information and because there was no pumping between ]ast June and three weeks ago. he was not concerned about Mr. SJyzuk's faiJure to submIt the reports noted in the permIt. Mr. Hovey recommended against removing the pump without further proof of Its affect on Round Lake. as he didn't think there was enough evIdence to show that the pump Is affecting the lake. The permit expires this November. suggesting that if there is an appJication to renew It. the City and residents can make their input at that time. Discussion with Mr. Slyzuk noted a portion of Round Lake was in the Coon Creek Watershed but was removed when sanitary sewer and water was put In In that area. Mr. Hovey thought that technically part of the lake shou]d be within the Coon Creek Watershed District. Regular City Counci] Meeting Minutes - June 19. 1990 Page 4 (Neighborhood Preservation Association Petition. Continued) Jack McKelvey - asked several questions about the ~elationship of Round Lake to Coon Creek. Mr. Hovey stated they have no ~eadings on Coon Creek, not knowing what effect the lowering of Coon Creek will have on the Lake. It is possible an Envl~onmental Impact Study will have to be done to make that determination before any work is done on Coon Creek. Another resident asked if he was aware of any welJs around the Jake that might influence it. Mr. Hovey stated no, guessing any wells would be drilJed deep enough to not affect the lake. Peter Brown - stated It appears the DNR issued the permit without really studying the situatIon, and since then there are many questions on its impact on the lake. He asked what the criteria was to justify this permit. noting the Jowering of the water level 1.5 feet Impacts the surrounding residents a lot. Mr. Hovey stated some was subjective and some was objective. Calculations were made on the maximum acre-feet to be pumped out of the ditch. The permit review seeks to keep things the way they are, not liking to see a lot of changes In the water level of basins themselves. After further discussion with Mr. Hovey clarifying his position on what is happening In Round Lake and the effect of the permitted pumping in question. the Counc II agreed when the permit Is to be ~enewed, the City will hold a public hearing for resident i npu t. Hopefully between now and then further information can be gathered by monitoring the lake and the creek. Mr. Hovey also suggested the residents try to work out a solution with Mr. Slyzuk. suggesting several options that might be considered. MOTION by Jacobson, Seconded by Perry. that If and when this permit expires and a new one is requested by Mr. SJyzuk. that when that notice comes to the City that the Staff notify the Council and the Council hold a public hearing at the Council level on the pe~mit. DISCUSSION: Mr. Hovey stated he will contact the Coon Creek Watershed regarding the installation of the culvert between M~. Slyzuk's ditch and the c~eek. Mr. Sch~antz a]so noted the Staff did not have the petition and therefo~e did not comment; however, they do have a lot of Information that may be useful for this issue. Nor have the ~esidents contacted the Lower River Water Management Organization. suggesting that be done. Motion carried on a 4-Yes, 1-Absent (E]ling) vote. AMENDED SPECIAL USE PERMIT/CONSTANCE FREE CHURCH MOTION by Jacobson, Seconded by Orttel, the Resolution as prepared. approving the amended Special Use Permit request of Constance Evangel ical Free Church to allow the construction of a new identification sign on their property at 16060 NW Crosstown Boulevard. (See Resolution R076-90) Motion carried on a 4-Yes, i-Absent (Elling) vote. Regular City Council Meeting Minutes - June 19. 1990 Page 5 KEN KOBS SKETCH PLAN Mr. Haas reviewed the proposed sketch plan of Ken Kobs between Tulip and Valley Drive. noting the comments of the Andover Review Committee as presented in the Agenda materia] . They are recommending the developer proceed with the proposed layout with the suggestions made, as that is the best layout for the property. Mr. Blake also noted the P & Z's suggestion to amend the ordinance regarding the lot widths on cuI de sacs in the rural area. Council asked about extending a street to the property line rather than having a long cuI de sac. Mr. Haas noted the hinderances to extending a street to the property line. Council suggested the Staff look carefully at the amount of right ot way that will be needed to construct Tulip as an MSA road. as more than the normal width may be necessary because of the wetJands on that vicinity. Council agreed with Staff recommendations. The item was referred back to the Planning Commission to hold the pubJic hearing. GENTHON PONDS SKETCH PLAN Mr. Blake reviewed the proposed sketch plan of Genthon Ponds Addition, noting the comments of the Andover Review Committee provided In the Agenda material. He pointed out the recommendations to realign Butternut and 173rd to allow for better traffic flow, which would also eliminate variances on two lots. and to have right of way dedicated for the future extension of University Avenue along Lot 3. Block 2. Kirk Carson. Hokanson Construction - wanted some direction on University Avenue. Council agreed with the Staff recommendation to take a 30- or 33-foot easement up to 173rd, with the lot lines realIgned to accommodate that easement. They also concurred with the the realignment of Butternut and 173rd. The Item was referred back to the Planning Commission to hold the public hearing. FINAL PAYMENT/88-1/CROSSTOWN BOULEVARD Attorney Hawkins advised the surety company had no problem with the proposal to issue joInt checks to AJexander Construction, H & S Asphalt. Central Landscaping. and AAA Striping, even though H & S Asphalt will not receive the total amount due them. Mr. Schrantz noted the City is paying the full amount of the contract. MOTION by Jacobson, Seconded by Perry, the Resolution as presented. (See Resolution R077-90 accepting work and directing final payment to Gammon Brothers for Project No. 88-1 for the improvement of street construction on Crosstown Boulevard to 140th Avenue NW) Motion carried on a 4-Yes. I-Absent <Elling) vote. Regular City Council Meeting Minutes - June 19. 1990 Page 6 DISCUSS ESTABLISHING BOUNDARY COMMISSION Attorney Hawkins reviewed his June 13. 1990. letter to Mr. Schrantz regarding the boundary problems In Auditor's Subdivision No. 82 and recent legisJation which allows the City to rectify the problem and assess the costs back. He recommended the Council hold a pubJic hearing with the affected residents to see If they are interested in this. If so, the CIty would establish a Boundary Commission to look Into it further. MOTION by OrtteJ, Seconded by Perry, that the Council scheduJe a public hearing with those residents affected by the boundary error in Auditor's SubdivisIon No. 82 and Immediate surrounding area to discuss the formatIon of a Boundary Commission to resolve the errors. Motion carried on a 4-Yes. i-Absent (Elling) vote. CounciJ recessed at 9:34: reconvened at 9:40 p.m. ADULT USE BUSINESS ORDINANCE Chairperson Pease reviewed the PJanning Commission's recommendation to apprOVe an ordinance regulatIng adult use businesses within Andover. In dIscussing the provisions of the ordinance. it was agreed by the CounciJ that these uses should be allowed by SpeciaJ Use Permit, noting OrdInance 8 would have to be amended to do so. Mr. Blake stated under the ordinance. such businesses would be alJowed in any commerclaJ district in the City, that Is Industrial and GeneraJ Business, but must stiJJ meet the setback requirement of 500 feet from a residentiaJ househoJd. CounclJmember Jacobson stated he will support the ordinance even though he believes it is not restrictive enough. MOTION by Orttel, Seconded by Perry, introducIng Ordinance 92, an ordinance reguJating the locatIon and operation of adult use businesses within the City of Andover. Motion carried on a 4-Yes. i-Absent (Elling) vote. MOTION by Orttel. Seconded by Jacobson. that the CounciJ direct the Planning Commission. at their earliest possible date, to hold a pubJlc hearing on an amendment to Ordinance 8 which wou]d reguJate adu]t USe businesses as defined in Ordinance 92 to require a SpeciaI Use Permit. Motion carried on a 4-Yes, i-Absent (EJling) vote. Council aSked that the matter then come back for their consideration as soon as possible. Regular City Council Meeting Minutes - June 19. 1990 Page 7 POVLITZKI LOT PURCHASE Mr. Blake explained the request of Richard and Marlene Povlitzki to purchase Lots 3 and 4. Block 1, in the Commercial Park to operate a restaurant/night club with a banquet room. They currently own and operate a slmlliar business In Spring Lake Park. They have proposed a purchase price of 50 cents/square foot with the City to do the landscaping. The City's current price Is 65 cents per square foot. Richard Povlitzki - stated he has been in the business for $0 years with no liquor violations. He would not pursue this any further unless he knew the City would allow him to get a liquor license. He also Implied the terms are negotiable, as he has heard that others have paid 50 cents/square foot. Council noted that no lots have been sold for that price. though there have been some offers in that range. Mr. Povlitzki - stated the business would be about the same as he has In Spring Lake Park but with a banquet hall. It would have a bar with entertainment, possiblY bingo once a week, and food. Mr. Blake stated the two lots provide adequate space to do what is proposed. The Council discussed the proposal of having an eating/drinking establishment in the Commercial Park. Most felt it would be an appropriate use in that area because it would not affect any residential areas. CounciJmember Jacobson stated he would not vote for the licensing of liquor in the City because he does not feel It is proper and creates more problems than It is worth. Paul Genoler. AVFD and Rescue - stated if this is approved. Mr. Povlitzki has agreed to have pull tabs, with the proceeds to subsidize the fire department. He stated he has gone to Mr. Povlitzkl/s establishment and found It to be a family-type operation. In talking with the Chief of Pollee In Spring Lake Park. he was told they have not had any more than the normal calls for that type of business. Jack McKelvey - stated he knew Mr. Povlitzki when he had a bar In Minneapolis In a rough neighborhood. which was run without any problems. He felt it is time the City got a suitable establishment with liquor. feeling there would be less problems with Mr. Povlltzkl running it than anyone else. Mr. Povlltzki again stated he did not want to proceed without knowing whether or not he will be given a liquor license. Attorney Hawkins stated the purchase agreement would be contingent upon the issuance of a liquor license. Council agreed to refer the item to the Economic Development Committee for comments and negotiation of the price. MOTION by Perry, Seconded by Orttel, that the proposal made by Richard and Marlene Povlltzki be referred to the Economic Development Committee for consideration. DISCUSSION: Acting Mayor Knight stated they would attempt to move the meeting to an earlier date, noting the Povlitzki/s would like to begin construction yet this fall. Motion carried on a 4-Yes. i-Absent (Elling) vote. , Regular City Council MeetIng Minutes - June 19. 1990 Page 8 PARK DEDICATION FEES/LOT SPLITS Park and Recreation Commission Chairman Jeff Kieffer explained the CommissIon is proposing the park dedication fees remain at 10 percent but to reImburse the resIdents for the first appraiser's fees on lot splits and metes and bounds subdIvIsions. If the homeowners are not satisfied, they can hire another appraiser at their own expense. The Commissioners believe the park dedication fee Is to be placed on the value of the land rather than on park usage, and the only way to determine that value Is through an appraIser. Attorney HawkIns stated he is In the process of drafting an ordinance per Council direction at the last meeting that would allow the choice of a flat fee at the time of the spilt wIth the understandIng that more park dedication would be collected when the property subdivided further. or the property owner can pay the entire 10 percent at the time of the split. He will have that draft ready for the first Counci] meeting in July. MOTION by Orttel. Seconded by Jacobson, that we table the Park Commission report on park dedication fees to the first meeting in July where it will be discussed In conjunction with the sample ordinance the Attorney has prepared. Motion carried unanimously. Council then went Into closed session with the City Attorney and Cy Smythe concerning the unIon contract. 10:23 p.m.; reconvened at 10:41 p.m. APPROVE UNION CONTRACT MOTION by Orttel. Seconded by Jacobson. Council approve the contract with the employees union for the year 1990 as presented sUbject to the union's acceptance of the Anoka County summer youth program In the City of Andover. Motion carried on a 4-Yes, i-Absent (EI ling) vote. MOTION by Orttel. Seconded by Perry, that the Council approve the increase In health Insurance participation and the addition of the fJoating holiday for all non-union City personnel effective 1-1-90 upon the acceptance of the union contract by the union employees. Motion carried on a 4-Yes, i-Absent (Elling) vote. MOTION by Orttel. Seconded by Jacobson, that the Council authorize an expenditure for our labor consultant and City Staff as necessary to prepare a study for the Comparable Worth law of 1990. and that that data be forwarded to the City Personnel Committee for their review and recommendation to the Council. Motion carried on a 4-Yes. l-Absent (EJ]ing) vote. Regular City Council Meeting Minutes - June 19, 1990 Page 9 APPROVE BOND SALE Attorney Hawkins reported the City's bond rating remains at Baal on the Genera] Obligation debt and A on State Aid bonds. The following bids were received for the sale of $2,500.000 General Obligation Tempora~y Imp~ovemnt Bonds, Series 1990A: Shearson, Lehman, Hutton; bid price of $2,477.500, total interest cost of $528.750 fo~ a net interest rate of 7.05% First FBS Investment Services; bid price of $2.482.500; total inte~est cost of $486.250 for a net interest rate of 6.48% Plpe~ Jaff~ay; bid p~ice of $2,483.250; total interest cost of $494.875 for a net interest rate of 6.59833% Miller, Johnson & Keuhn; bid price of $2.478,000: total interest cost of $490.750 fo~ a net Interst rate of 6.5433% Attorney Hawkins recommended the sale be awarded to the low bid of First FBS Investment Services. He also noted though the inte~est rate is slightly higher, there Is a margin in the amount assessed to meet the obligation. MOTION by Jacobson, Seconded by O~ttel, a Resolution awarding the sale of $2,500.000 General ObligatIon Tempora~y Improvement bonds. Series 1990A. fixing their form and specifications. directing their execution and delivery, and providing for thel~ payment. bid to be to First FBS Investment Services for a bid price of $2,482,500; total Interest cost of $486,250; net interest rate of 6.48%. (See Resolution R078-99) Motion carried on a 4-Yes, i-Absent (Elling) vote. APPROVE TEMPORARY NON-INTOXICATING LIQUIR LICENSES/LIONS MOTION by Orttel, Seconded by Perry, that the Council approve the tempo~a~y Non-Intoxicating Liquor License fo~ the Andover Lions Club for the pe~iod of July 14, 1990, and JuJy 21 and 22. 1990, Motion carried on a 3-Yes. 1-No (Jacobson). i-Absent (Elling) vote. CARPET REPLACEMENT Building Official Dave Almgren reviewed the quotes to replace the carpet In the f~ont office, hallway and kitchen, noting it needs to be replaced because of safety factors. He was not sure whe~e the money would come from. Regular City Council Meeting Minutes - June 19, 1990 Page 10 (Carpet Replacement, Continued) Council discussed several temporary solutions at this time and asked Mr. Almgren to look into the costs of a good industriaJ carpet. They asked the Staff to determine where the funds would come from for this project. MOTION by Orttel, Seconded by Jacobson. that the Council table the item on the repair of the carpet in the main City Hall to the next regularly scheduled meeting to give Staff time to locate funds or to come up wIth other alternatIves. MotIon carrIed on a 4-Yes, 1-Absent (Elling) vote. ACCEPT RESIGNATION/CITY PLANNER MOTION by Orttel. Seconded by Jacobson, that the Council regretfulJy accept the resignatIon of the City Planner to be effective June 23. Motion carried on a 4-Yes. i-Absent (Elling) vote. Mr. Schrantz was directed to advertise the opening of the position. APPROVE RECYCLING AGREEMENT MOTION by Jacobson, Seconded by Orttel. the Joint Powers Agreement as presented. (between the City of Andover and Anoka County for 1990) Motion carried on a 4-Yes. i-Absent (Elling) vote. COON RAPIDS PLANNING AND ZONING COMMISSION MEETING Acting Mayor Knight explained Chairperson Pease has asked that Andover be represented at the Coon Rapids P & Z meeting when they consider the preliminary pJat for 131st and Poppy Street. Mr. Schrantz stated Staff will write a letter to Coon Rapids. Council agreed. JAY STREET AUTO DEALERS RESOLUTION MOTION by Jacobson, Seconded by Perry, approving Resolution 68-90 request of a Special Use Permit. Motion carried on a 4-Yes, i-Absent (Elling) vote. APPROVE PLANS AND SPECS/IP90-6 MOTION by Orttel, Seconded by Perry. a Resolution approving the plans and specifications and ordering advertisment for bids. 90-6. Watts Garden Acres as presented. (See Resolution R079-90) Motion carried on a 4-Yes, l-Absent (Elling) vote. ReguJar City Council Meeting Minutes - June 19. 1990 Page 11 APPROVAL OF CLAIMS MOTION by OrtteJ, Seconded by Pe~ry, that the CounciJ approve the Schedule of Bills for a total of $174.423.88 as shown in the report dated 6-5-90. Motion ca~~ied on a 4-Yes. i-Absent (Elling) vote. MOTION by Jacobson. Seconded by OrtteJ. to adjourn. Motion carried unanimously. Meeting adjourned at 11:14 p.m. RespectfuJ ly submitted. \~~&Y?~ Ma~cella A. Peach Recording Secretary