HomeMy WebLinkAboutCC March 5, 1991
REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 5. 1991
TABLE OF CONTENTS
RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1
KEN SLYZUK DNR PERMIT
Motion to scheduJe public hearing · · · · · · · · · · · · · · 2
ASSESSMENT MANUAL . · · · · · · · · · · · · · · · · · · · · · · · 2
Motion to approve Assessment Manual · · · · · · · · · · · · · 5
APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · 5
ASSESSMENT ABATEMENT · · · · · · · · · · · · · · · · · · · · · · 5
CLASSIFICATION OF FORFEIT LAND · · · · · · · · · · · · · · · · · 6
RESOLUTION R026-91 (Appoint Election Judges/SpeciaJ EJection) · · 6
APPROVE PURCHASE/PRINTER FOR GOPHER STATE . · · · · · · · · · · · 6
SCHEDULE MEETING WITH LOWER RUM RIVER WATERSHED . · · · · · · · · 6
RESOLUTION R027-91 (Order Feasibility, IP91-1, Crosstown Drive) · 6
APPROVE SALE OF LOT/ANDOVER COMMERCIAL PARK/ROESSLER · · · · · · 7
TREE TRIMMING (Utility Companies) · · · · · · · · · · · · · · · · 7
DOG ORDINANCE DISCUSSION · · · · · · · · · · · · · · · · · · · · 7
MAYOR AND COUNCIL INPUT
Special Workshop Meeting, March 26, 1991, 7:30 p.m. · · · · · 7
Trains Blocking Intersections · · · · · · · · · · · · · · · · 7
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 8
ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 8
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" - REGULAR CITY COUNC I L MEET ING - MARCH 5. 1 "1"11
MINUTES
The Regular Bi-Month]y Meeting of the Andovee City Council was caJ led
to ordee by Mayor Ken Orttel on March 5. 1991. 7:30 p.m.. at at the
Andover City Hal I. 1685 Crosstown Boulevard NW. Andover. Minnesota.
Councilmembers present: Jacobson. McKelvey, Perry, Smith
Councilmembers absent: None
Also present: City Attorney, John Burke: City Planner.
David CarIbeeg: City Adminlsteator. James
Schrantz: others
RESIDENT FORUM
Hubeet Smith. 13309 Jay Street - complained about the bus traftic
going down Jay Street to 133rd and out to Hanson Boulevard. Since
133rd was opened, the bus traffic has Inceeased to 30 or 35 a day.
The vibration from the road causes the houses to shake. and in the
spring and fall the dust is very bad. He didn't think they should be
running the busses down residential streets. but he didn't know if
anything could be done about It.
Councilmember McKelvey exp]alned the busses are going that way because
of the traftic backed up at the intersection of Bunker Lake and Hanson
Boulevards. and the drivers are paid on]y foe specific time period to
do their route. They must also come up Jay Street to put the busses
in the barn in the evening. He thought that would change once the
semaphores are put in. Councllmember McKelvey agreed to talk with
the bus company to reduce the amount of bus teaffic going south on Jay
Street.
Rosella Sonstebv. 4151 141st Avenue - asked that the Minutes at the
Regu]ar City Council meeting of February 5, 1991. Page 9. Attorney's
Update. Item 2, be corrected. She didn't appreciate the wording that
referenced drainage from the Downtown Shopping Center. She stated the
water was not only from the shopping center, but from over 89 acres
dlveeted trom that area plus some of the Adolphson and Carlson
peoperty and over 150 acres team other developments. Attorney
Burke advised that because this is being litigated that the Council
receive hee comments In public forum but not discuss the matter. No
turther action was taken.
AGENDA APPROVAL
The following changes were made to the Agenda: Delete Item 1,
Variance/J. Kunza as he wIthdrew his request: Add Item 2. Ken Slyzuk
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Regulae City Counci] Meeting
Minutes - March 5. 1991
Page 2
(Agenda Approval. Continued)
DNR Permit: Renumbee Item 2a, Assessment Policy: Add Item 10. Closed
Meeting with City Attorney/Sonsteby Litigation: Add Items 11, Approve
Sale of Lot/Andover Commercial Park/Roessler: 12, Tree Teimming: and
13, Dog Ordinance Discussion.
MOTION by Percy. Seconded by Smith. to approve the Agenda as
amended. Motion carried unanimously.
KEN SLYZUK DNR PERMIT
Mayoe Orttel briefly reviewed the background on the DNR Protected
Waters peemlt application requested by Ken Slyzuk to pump water from
an open ditch on his peopeety to Coon Ceeek. The Neighborhood
Preseevation Association was concerned that the pumping may have had
an adverse effect on Round Lake. Studies by the DNR have concluded
that the pumping does not affect Round Lake. When this was discussed
in June. 1990, the Counc i I had ageeed to hold a public hearing when
the application was made for renewal.
Steve Wood. 3723 145th Avenue - stated the app]ication for renewal
has been made, and the City has 30 days to respond. He also noted he
has names and addresses of Individuals the City can mail notlcles too.
plus the Neighborhood Preservation Association will notify the people
around the lake. He also felt I t wou I d be Impoetant to have Tom
Hovey tram the DNR give an overview of the matter and present the
findings of their report.
MOTION by Jacobson. Seconded by Percy, that we have a public hearing
on the matter and give written notice notifying the individuals who
signed that peltion betore so they are aware of the meeting: and we
request that a representative tram the DNR also be here to answer any
questions that may come up. DISCUSSION: The hearing is scheduled
for Maech 19, 8:00 p.m. Motion carried unanimously.
ASSESSMENT POLICY
The Counc i I did a page-by-page review of the Assessment Manual and
made the fol lowing comments and changes:
Page 7. II. Purpose. second paragraph: Counc i I felt the requirement
of submitting petitions for local Impeovements by the second meeting
in October of the year prior to the improvement is unrealistic. It
was agreed that a specific cut-off date would be nice. but it was felt
that should be a guideline. not a hardened rule. The second sentence
In the parageaph Is to read:
"To help insure proper planning, all petitions for local improvements
should be submitted to the City by the tlrst meeting in Apei] of the
year when construction of the improvement will be considered."
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Regular City Council Meeting
Minutes - March 5. 1991
Page 3
(Assessment Policy. Continued)
Page 8, IV. Policies Relating to Special Assessments. Assessments: To
clarify the first sentence. the portion in parentheses should read.
" .. . same general land use (residential, insti tutlonal, multiple
fami ly, commercial, or industelaJ), based on benefit. " Attorney Burke
stated he would also research to be sure the wording in this paragraph
accueatelY reflects what the State Statute says.
Page 9, Properties Not Assessed, 5. City park land: Mayor Orttel
explained this means that when a piece of property is developed with
sewer, water and streets, the City accepts the park I and wi th no
assessments. Counc I I agreed that Is the desired policy.
Page 10, Item 2, Unit (Lot) : - Clarify the second I ine of the
paragraph, "...cannot be furthee subdivided, i.e. , in single famIly
R-4 zone, the minimum lot is.. . "
Page 11, Item V. Procedures Relating to Special Assessments, San 1 tary
Sewer Trunk: Councllmember Jacobson questioned whethee the specitic
size of 12 inches is needed to detine trunk line. Mr. Schrantz stated
a 12-inch pipe is commonly defined as the trunk, with 8-inch and
10-inch pipes considered lateral lines. He peeferred the policy to
remain as weitten. Counc i I ageeed.
Page 12, Watermain Trunk, Sauce and Storage. third paragraph: Mr.
Schrantz explained that If only a portion of parcel Is being
developed Industrial-Commercial, only that paction is charged the
connection charge based on the square footage and type at use
according to the site plan. Counc II agreed.
Page 14, Streets: M.S.A./County Roads: Mayor Orttel eeviewed the
development and philosophy of the City's MSA policy, which had been
not to assess residential properties for those roads unless the right
of way had to be purchased. However, because some of the expenses
incurred in these projects are not eeimbursed by MSA funds... the
Counc i I has agreed to assess those unreimbursable costs, such as
Attorney's costs, filing fees, concrete curb and gutter along county
roads, some storm drainage, etc. This new policy will have a greater
impact on those along county roads than along city MSA roads. The
Counc II generally agreed to the policy as stated.
Discussion was then on Item b of the peevlous policy, that 50 percent
of the unit construction costs of MSA streets would be chaeged to
commercial and industrial areas. Mr. Scheantz stated the previous
Counc i I had wanted this item deleted from the manual. If It remains a
policy, he telt the width should be defined as a eesidential steeet so
the business doesn't end up paying for a wider street and turn lanes.
An exampJe where this would apply Is the peoJect being considered for
Ceosstown Deive on which SpeedY Market is located.
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Regular City Council Meeting
Minutes - March 5. 1991
Page 4
(Assessment Policy, Continued)
After debating the issue, the Counc i I generally ageeed to delete
that portion of the policy, that construction costs foe MSA eoads
would not be charged to commercial and industrial areas; however, they
would be assessed uneelmbursable costs, Including acquisition costs.
at twice the eate at residential.
Page 15, Streets: Premature Improvements (rural): The Counc II
generally ageeed with the concept of defereing assessments against
large parcels: however, there was no agreement on a method for doing
so. Councilmember Perry suggestion was to assess the large parcel one
unit and divide the total peoject costs between all units which
immediately benefit, recognizing that the per-unit price would be
higher. When the large parcel develops, Its share of the project
costs would be collected by the City and put into a special fund to be
used tor other purposes.
Councilmembee McKelvey disagreed with that method. as those inl tlall y
paying the higher cost should be eelmbursed foe their share of the
large parcel once that parcel is assessed. He preferred the procedure
explained by Mr. Schrantz, which Is the undeveloped parcel would be
assessed on the potentially developable units, the proJect costs
divided by existing and future units, and al I assessments against the
large parcel except one unit be deferred. The City wouJd fund that
portion at the project cost until the paecel is developed.
Mayor Orttel felt it is not possible to do It without a funding
source. If the large parcel did not develop In 20 years, the City
would not recover the funds; and it Is not a City project, i t Is a
local improvement which should be paid tor by the neighborhood. Plus.!
the City does not have a source of funding tor deferred assessments at
this time.
Because there was no consensus on a deterred assessment policy, the
Counc i I ageeed to table this Item for further discussion at another
meeting and to deJete this section from the manual toe now.
Page 16, Capital Improvement Financing by Bonding,- Permanent and
Temporaey Bond paragraphs: Mr. Schrantz explained the Finance
Department would prefer that all projects be tlnanced using permanent
bonding rather than tempoeary bonding. It is easier to do the
accounting and eliminates the potential of having to reassess proJects
if the interest rate on the permanent bond is more than what was
assessed undee the tempoeary bond. The Counc I I generally felt there
ace times when interest rates ace high that it Is mace advantageous to
use temporary bonds, and they wanted to retain the ability to do so.
This section of the manual to be changed to: Permanent Bonds
Al I proJects wi]] be tinanced using permanent or temporary bonding at
the option of the Counc II .
Delete the subtitle and paragraph on Temporary Bonds.
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Regular City Council Mee ti ng
Minutes - March 5. 1991
Page 5
(Assessment Po]icy, Continued)
Page 21: DeJete the last two lines of the page relating to the when
petitions should be considered for impeovements.
Prepayment Ageeement and Development Contract - Mayor Orttel suggested
these documents be reviewed by the City Attorney and discussed at a
future meeting. Counc i I agreed.
Mayor OrtteJ asked for a motion to approve the Assessment Manual wi th
the corrections made this evening up to Page 24, exc]udlng the section
of Streets: Premature Improvements (rural) on Page 15 and excluding
the Prepayment Agreement and DeveJopment Contract.
MOTION by Jacobson, Seconded by Smith, to so move. DISCUSSION:
Hubert Smi th. 13309 Jav Street - was concerned about the storm sewer
assessment poI icy. His neighbor has 1.9 acees and can split it into
foue houses. He has the same acreage without the abi I i ty to subdivide,
yethewill have to pay the same assessment. His watee goes the same
place as it always has. Mayor Orttel stated some cities have a storm
water policy based on the amount of hard surface. Mr. Schrantz noted
other cities are biJling residents monthly tor storm sewers Just like
they do foe sanitary sewer and water. The Counc II agreed Mr. Smi th's
situation should be addressed at the time at the public hearing.
VOTE ON MOTION: Careied unanimously.
APPROVAL OF MINUTES
MOTION by Jacobson, Seconded by McKelvey, approval of the Minutes of
February 19 Regular, Special and HRA Meeting. Motion carried on a
4-Yes, I-Present (Perry) vote.
The regular meeting was recessed to conduct an Andover Housing and
RedeveJopment Authority meeting; 9: 10; reconvened at 9:13 p.m.
ASSESSMENT ABATEMENT
The Counc i I noted the request to abate the assessment on PIN 13 32 25
21 0023 as the paid assessment was Incorrectly marked against PIN 13
32 25 12 0001. The parcel PIN 13 32 25 12 0001 wi I I need to be
reassessed. Mr. Burke noted there Is a peocedure under the Statute foe
reassessment. He stated he will research that tuethee and peovide the
information to Staff. Because of the confusion avec what took place at
the time the eeeor was made, Mayoe Oettel asked for a motion to table
this item to the next meeting.
MOTION by Jacobson, Seconded by Peery, to so move. Mati on care i ed
unanimously.
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Regular City Council Meeting
Minutes - March 5. 1991
Page 6
CLASSIFICATION OF FORFEIT LAND
Mayor Orttel noted the Staff has determined theee is no access to
Parcel 4 which is close to Nordeen's Addition (See February 19, 1991
Minutes) . He recommended the parcel be reclassified as tax tortelt
and set back to Anoka County.
MOTION by Smith, Seconded by Jacobson, that we let It go back to the
county. Motion carried unanimously.
APPOINT ELECTION JUDGES/SPECIAL ELECTION
MOTION by Perry, Seconded by Jacobson, approval of the Resolution
appointing judges tor the speclaJ general ejection to be held on March
12, 1991, as presented. (See Resolution R026-91) Motion carried
unanimously.
APPROVE PURCHASE/PRINTER FOR GOPHER STATE
MOTION by Smith, Seconded by Perry, that we adopt the purchase of
the printer as recommended. DISCUSSION: Frank Stone, Public Works
Supervisor} explained the need for a separate line and printee to
receive Gopher State caJls. He already has the phone line. The
printer and modem will be purchased through Gopher State for a total
cost of $800. Motion carried unanimously.
SCHEDULE MEETING WITH LOWER RUM RIVER WATERSHED
The Counc i I agreed to the dates of Tuesday, April 9, or Thursday,
Apr i I 11. Mr. Schrantz stated he wlJJ cooedinate a date to meet with
the other three cities.
ORDER FEASIBILITY REPORT/91-1/CROSSTOWN DRIVE
MOTION by Jacobson, Seconded by Smith, a Resolution ordering
prepaeatlon of a teasibility eeport for the impeovement of street
consteuction, Project No. 91-1, in the Crosstown Drive aeea. (See
Resolution R027-91) Motion carried unanimously.
Counc i I noted this is being done under State 429 procedure In the
event there ace unreimbueseab]e MSA costs that wl]1 need to be
assessed to the property owners. Councilmember McKelvey also
informed the Council the Road Committee will be meeting with the Ham
Lake Road Committee on Friday to discuss University Avenue. He wi J I
have a eeport tor the Council at the next meeting.
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Regular City Council Meeting
Minutes - March 5. 1991
Page 7
Counc i I went into cIosed session with the City Attorney eegardlng the
litigation with Rosella Sonsteby foe alleged storm drainage onto her
property, 9:36: reconvened at 9:51 p.m.
APPROVE SALE OF LOT/ANDOVER COMMERCIAL PARK/ROESSLER
MOTION by Jacobson, Seconded by Smith, that the City Counci I
authorize the sale of two lots in the Andovee Commercial Pack, those
lots being Lots No. 3 and No. 4, Block 1 of the Commercial Park, to
Mr. Kent Roessler at a price of $.55 a square foot on the condi tI on
that Mr. Roessler Is liable for the sewer and water connection
charges. Motion carried unanimousJy.
TREE TRIMMING
Commissioner Perry noted Anoka EJecteic Cooperative wi I I be tr Immi ng
trees in Andover In the upcoming months. She asked if that is being
done in conformance with tree trimming peactices to minimize tree
damage. Councilmember Jacobson assured everyone that the uti I ity
ceews are extremely sensitive to the problem at diseased trees and
fol low the regulations relative to tree trimming.
DOG ORDINANCE DISCUSSION
Councilmember McKelvey reported on a problem with a neighbor's pit
bull dog which is running Joose In the neighborhood. The Deputy has
told him they will not tag dog violations because the ordinance Isn't
enfoeceable. The tags they wrote up last year were dismissed in
court.
Attoeney Burke stated he will research what took place with the tags
and find out why they were not prosecuted. He wi 11 eeport back to the
Counc I I with his tindings.
MAYOR AND COUNCIL INPUT
Mayor Orttel suggested a special workshop meeting be scheduled to
consldee adjusting the budget in J ieu at the $60,000 cut-back in State
Aids and to look at some of the objectives suggested by Staft. It was
agreed to hold a special workshop meeting on Tuesday, Maech 26, 7:30.
Councilmember Jacobson brought up the Issue of trains blocking the
intersections for 20 and 30 minutes at a time. He was concerned not
only about the nuisance it is to the residents, but the public safety
issue. Attoeney Burke was asked to eesearch the laws eelative to
the length of time trains are al lowed to block road Intersections. the
fines foe violations, and the method of enforcement. He said he
wi I I issue the Council a memo on the matter.
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Regulae City Council Meeting
Minutes - March 5. 1991
Page 8
APPROVAL OF CLAIMS
MOTION by Jacobson, Seconded by Perry, that the City Council appeove
the Financial Claims, print run at 2-28-91, in the amount of
$88.959.44. Motion carried unanimously.
MOTION by Perry. Seconded by Smith, to adjourn. Motion careied
unanimously.
Meeting adJourned at 10:09 p.m.
Respectfully submitted,
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Marcella A. Peach
Recording Secretaey
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