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HomeMy WebLinkAboutCC May 5, 1992 ~ CITY of ANDOVER Regular City Council Meeting - May 5, 1992 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Sheriff Wilkinson Discussion Items 1. Public Hearing/Kelsey-Round Lake Park Parking Lot 2. Award Bid/Meadows of Round Lake/91-27 3 . Dan Christensen Sketch plan 4 . Lakeridge/156th Avenue/Cont./92-11 5. Variance/17xxx Tulip Street/Johnson 6 . Variance/13315 Lily street/Larson 7 . Ordinance 10 Amendment 8 . Ordinance 44 Amendment Staff, Committees, Commissions 9. Boundary Commission 10. Approve Classification & Sale of Forfeit Land 11. Accept 1991 Audited Statements & Management Letter 12. Approve Consultant/Kelsey-Round Lake park/Historical Society 13. Approve Transfer of License/Anoka Auto Wrecking 14. Approve Personnel policy #19/Amend Policy #18 15. Refund to Rush City/SCBA Equipment Non-Discussion items 16. Approve Final plat/Cedar Hills 17. Approve Final Plat/Cedar Hills 2nd 18. Accept Petition/Pinewood Estates/92-3 19. Accept petition/92-l0/Pheasant Meadows 20. Reduce Escrow/Hills of Bunker Lake 21. Approve Resolution Expending PIR Funds Mayor/Council Input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING - MAY 5. 1992 TABLE OF CONTENTS RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 REPORT BY SHERIFF KEN WILKINSON · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING - KELSEY-ROUND LAKE PARK PARKING LOT · · · · · · · 2 MotIon to accept g~ant wIth southe~n parking lot/faIled. · · · 5 BID/MEADOWS OF ROUND LAKElIP91-27 MotIon to table. · · · · · · · · · · · · · · · · · · · · · · · 6 DAN CHRISTENSEN SKETCH PLAN · · · · · · · · · · · · · · · · · · · 6 LAKERIDGEl156TH AVENUElIP92-11 . · · · · · · · · · · · · · · · · · 7 VARIANCEll7XXX TULIP STREET/JOHNSON ResolutIon R056-92 to deny · · · · · · · · · · · · · · · · · · 7 VARIANCEl13315 LILY STREET/LARSON ResolutIon R057-92 to app~ove . · · · · · · · · · · · · · · · · 8 NON-DISCUSSION ITEMS App~ove Pe~sonnel Policy #19 and Amend #18 · · · · · · · · · · 8 Refund to Rush City/SCBA Equipment · · · · · · · · · · · · · · 8 Resolution R058-92 to app~ove fInal plat/Ceda~ HIlls · · · · · 8 Resolution R059-92 to app~ove fInal plat/Cedar Hills 2nd · · · 8 ResolutIon R060-92 to accept petltlon/Pinewood Estates/92-3 . · 8 Resolution R061-92 to accept petitIon/Pheasant Meadows/92-10 · 8 Reduce Escrow/Hills of Bunke~ Lake · · · · · · · · · · · · · · 8 Resolution R062-92 to expend PIR funds fo~ ~adlos & page~s · · 8 ORDINANCE 10 AMENDMENT . · · · · · · · · · · · · · · · · · · · · · 8 ORDINANCE 44 AMENDMENT ResolutIon R063-92 to establIsh additional fee/licensing · · · 9 MotIon to amend OrdInance 44 to set addItional fee · · · · · · 9 BOUNDARY COMMISSION MotIon to set publIc hea~ing/June 2, 1992 . · · · · · · · · · · 9 APPROVE CLASSIFICATION AND SALE OF FORFEIT LAND MotIon to acqul~e tax forfeIt PIN 28 32 24 34 0060 · · · · · · 9 MotIon to table other pa~cels . · · · · · · · · · · · · · · · · 10 ACCEPT 1991 AUDITED STATEMENTS AND MANAGEMENT LETTER. · · · · · · 10 Motion to accept financial report . · · · · · · · · · · · · · .11 CONSULTANT/KELSEY-ROUND LAKE PARK/HISTORICAL SOCIETY MotIon to refe~ to Park and Recreation CommIssIon . · · · · · .11 Regular Andover CIty CouncIl MeetIng - May 5, 1992 Table of Contents Page II TRANSFER OF LICENSE/ANOKA AUTO WRECKING . . . · · · · · · · · · · 11 MotIon to transfer lIcense to M. R. DeNuccI. Inc. · · · · · · · 12 APPROVAL OF CLAIMS . . . . . . . . . . . . . . · · · · · · · · · · 12 ADJOURNMENT . . . . . . . . . . . . . . . . . · · · · · · · · · · 12 .... r' . .,. CA. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 5, 1992 MINUTES The Regular BI-Monthly MeetIng of the Andover CIty CouncIl was called to order by Mayor Ken Orttel on May 5, 1992; 7:30 p.m., at the Andover CIty Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembers present: Jacobson, McKelvey, Perry, Smith Councllmembers absent: None Also present: City Attorney, William G. Hawkins Assistant City Engineer, Todd Haas CIty Planner, DavId Carlberg CIty FInance DIrector, Howard Koollck City AdminIstrator/EngIneer, James Schrantz Others RESIDENT FORUM Lvnette WIseman - was concerned about the Kelsey-Round Lake Park. She stated there used to be a pond or swamp at the end of the cul-de-sac being developed by Jerry Wlndschltl. A wIde dItch has been dug that goes Into the park which completely destroys the natural trail that they use to walk In the park now. She claimed the ditch Is on park property. Jeff Kieffer, Park and Recreation Commission Chairperson, stated he was made aware of the situation; but because there Isn't any staking, he Isn't able to say for sure whether It Is on park property. Jerrv Wlndschltl. Ashford Development - stated what Is beIng referred to Is being done under a plan approved by the City. He stated the ditch Is not on park property. It Is desIgned to outlet the water from the ditch that comes out of Kelsey Park. The trail beIng referred to Is on hIs property. Mayor Orttel asked Staff to look Into the matter and report back to the Council. If somethIng was destroyed In the park, It wIll have to be restored. He advised Ms. WIseman to contact City Hall In a few days for more InformatIon. AGENDA APPROVAL MOTION by Perry, Seconded by SmIth, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES Aprl I 21, 1992, Regular Meeting - Correct as wrItten. lIprl) 21, 1992, HRlI Meeting - Correct as written. MOTION by Jacobson, Seconded by Perry, to approve both sets of Minutes. MotIon carried unanimously. Regular Andover CIty CouncIl MeetIng MInutes - May 5, 1992 Page 2 REPORT BY SHERIFF KEN WILKINSON She~Iff WIlkInson add~essed the CouncIl, fI~st summarIzIng the polIce actIvItIes In the CIty ove~ the past fIve yea~s. The~e has been a dec~ease In the numbe~ of ~esldentlal bu~gla~les, a ve~y slIght Inc~ease In busIness bu~gla~Ies, a slIght Inc~ease In the numbe~ of crImInal sexual conduct c~Imes, and a dec~ease In felony and auto thefts as well as all felony IncIdents In the CIty. There we~e two maJo~ events that took place In Andove~ In 1991. the a~med ~obbe~y In June of the Andove~ FIre A~ms and ShootIng SupplIes sto~e In whIch four people we~e a~~ested, convIcted and sentenced, and the Sweeney homocIde In whIch the accused was found guIlty and sentenced to lIfe In p~lson. Sheriff WIlkinson also gave the statIstIcs ~ega~dIng the actIvItIes of the d~ug enfo~cement unIt, notIng thel~ Inc~eased emphasIs on that p~og~am. The~e has been a steady Increase In the numbe~ of ~adlo calls fo~ se~vlce that the DeputIes ~ecelve In Andover and a dec~ease In the numbe~ of t~afflc accIdents and a~~ests made In the CIty over the past three yea~s. She~lff WIlkinson also ~epo~ted on the special activIties of the She~lff's Depa~tment, those beIng the DARE p~og~am, the county-wIde law enf~ocement effo~t of the d~unk d~lvlng and seat belt laws, the P~oJect 55 g~ant to enfo~ce the speed limIt, and the new p~og~am of "Are You OK?" geared towa~d those IndIviduals who a~e unable to leave thel~ homes. The ove~c~owdlng In the JaIl facIlity has decreased somewhat ove~ the past yea~; and the fire a~ms range In Coon RapIds, whIch has been closed for the past two yea~s, has Just been ~eopened. They spent almost $200,000 ~emodelIng the ~ange to make It more safe, plus they wIll have a supe~vIso~ on sIte wheneve~ It Is beIng used. That should eliminate the problems Andove~ ~esldents have had with the ~ange In the past. Mayo~ O~ttel stated the City Is aware of the need fo~ anothe~ full shIft, whIch wIll have to be looked at by the CouncIl. He thanked the SherIff fo~ comIng. PUBLIC HEARING - KELSEY-ROUND LAKE PARK PARKING LOT 7:52 p.m. Park and Rec~eatlon CommIssIon members p~esent: ChaI~pe~son Jeff Kleffe~, Tom Anderson, Da~~ell DeLa~co, and MIke Auge~. Mayor Orttel ~eported the State has ~eJected Andove~'s recommendatIon that a t~aII and pa~klng be contaIned wIthIn the park Itself. The bottom line Is In o~de~ to be elIgIble fo~ the g~ant. the~e must be a 6-vehlcle parkIng lot on the southe~n end of the pa~k. At fl~st they saId It should be at 149th; howeve~, they have now saId they would accept one at the 151st locatIon. The Mayo~ felt the options a~e to put In the parking lot at one of the two locatIons or fo~felt the g~ant money. One of his conce~ns In accepting the grant monies Is a loss of local cont~ol ove~ the park, whIch Is what happened when the City used DNR funds to build the boat landing on Crooked Lake. Regular Andover City Council Meeting Minutes - May 5, 1992 Page 3 (Public Hearing - Kelsey-Round Lake Park ParkIng Lot, Continued) Councllmembers smIth and McKelvey reported they receIved a phone call from JIm Eagle, 4351 151st Avenue, objectIng to the parkIng lot beIng located at the end of 151st because of the large number of children and the concern of It being used for parties. Council was also presented wIth a summary transcript of a slmlllar call Mr. Eagle made to CI ty Hall. Mr. Haas stated If the City refuses this grant, It does not have to pay back any previous grants: however, In the future the City would not get addItional funding If It decides to apply again. Chairperson Kieffer explaIned the grant Is for $20,000 In each of the foIl'owlng three years, with the City matching that amount each year. The funds would be used for the InitIal development of the traIl system. Then In fIve years, the City could apply for addItional grants to contInue the park development. Up to four grants can be applied for on the same park. Councllmember McKelvey stated he opposed accepting the grant funds because of the problems the parking lot posses for the neighborhood and because of the loss of control the City has over the park. He'd prefer charging an annual fee to residents to use the park with those funds used to develop It, rather than accepting the grant and losing local control. He also felt the resIdents would volunteer to help develop It, or possibly the City should seek a bond referendum for Its development. He didn't think a parking lot was needed on the southern end and preferred the City develop the park the way It wants to, not the way the State wants It developed. Mr. Haas stated the CIty has spent almost $7,000 on the grant so far, plus hIs time. That Is reimbursable from the first years' grant funds. If the grant Is not accepted, those funds come from the Park Board budget. Mayor Orttel stated from the first year's grant funds, approximately $10,000 to $12,000 would be spent on applIcation fees, an historical studY, and a parkIng lot that Is not wanted. He questioned If It Is then worth acceptIng the grant funds. Mayor Orttel noted that at the last public hearIng, residents along 149th objected to the parking lot at the end of that street. He asked If anYbodY along 151st or 149th favors the parking lot at the end of eIther street. No one In the audience responded, with the Council assuming everyone was opposed. Park Commissioner Auger didn't think the CIty had the option of accepting the funds and then asking the State to change Its position on the southern parking lot. It the CI ty accepts the funds, It accepts the condItions as well. Park Commissioner Anderson stated the Commission would like to move ahead on the park development, as It has been a top Item for many years. Regular Andover City CouncIl MeetIng MInutes - May 5, 1992 Page 4 (PublIc Hearing - Kelsey-Round Lake Park Parking Lot, ContInued) Brian Staehle. 151st Avenue NW - asked how many people will be usIng the park and where wIll they be coming from. Why spend $60,000 from tax dollars? Why not delay It until the economIc conditions are better? Why not use volunteer labor to develop the park? What Is the urgency of doing It thIs year? Taxes have gone way up because of the Fire Department and new high school. Mayor Orttel explaIned the CIty's share comes from developers, and that money must be spent In the parks. It Is not tax dollars. Mr. Staehle - stated then Just spend the $20,000 so the CIty doesn't have to be under any other rules. Jerrv Wlndschltl - stated the people on 151st have not had an opportunity to speak and were never notifIed of these hearIngs. Mayor Orttel stated the Council Is under the ImpressIon that those on 151st do not want the parkIng lot either for many of the same reasons as were expressed by others at the last meeting. A woman then charged Chairperson Kieffer of a conflict of Interest by voting on the Issue, that Is recommending the parking lot be off 151st, when he lives on 149th. Chairperson Kieffer explained he verbally polled the Commission before expressing his opinion, and there was unanimous approval for 151st. He stated he would be affected In either his front yard or his back yard regardless of where the parking lot Is put. The CommissIon Is an advIsory board, noting a few of the reasons for the Commission's recommendation for 151st. CommissIoner Anderson stated one of the criteria was access, and they preferred 151st because there Is no direct access off 149th from Seventh Avenue. Mr. Wlndschltl - gave a rebuttal to the reasons cited by the Park and Recreation CommissIon at their April 2, 1992, meeting for the parking lot to be at 151st. First that fewer resIdents would be affected, Mr. Wlndschltl asked If those residents have the same rIghts as the others have? Second that future resIdents will know the parking lot exists, he argued the original documents show the parkIng lot at the end of 149th; so clearly those people should have known. Also, there will be direct access fram Seventh Avenue along 149th when the last piece of the street Is built. Third that there was less objection at 151st at the public hearing, Mr. WlndBchltl stated those residents on 151st were not aware that this was taking place. Fourth, that the parking lot locations are equal dIstance to the proposed brIdge to the island, he showed on a map that 151st Is considerably farther than 149th. Mr. Windschltl suggested the City not accept the grant, not have the parkIng lot on the southern portIon of the park, and use City funds for the development of the park or hold a referendum to see if Andover residents want to pay for its development. He argued 151st Is not a logIcal choIce because there Is no street there now and because of the Regular Andover CIty CouncIl MeetIng MInutes - May 5, 1992 Page 5 (Public HearIng - Kelsey-Round Lake Park Parking Lot, ContInued) topography. CommIssioner Auger stated their recommendatIon for the parkIng lot to be at 151st was a serious one based on the hearing and because It makes sense to have a second parkIng lot on a park of thIs sIze. Councllmember Perry stated the City made the decIsion years ago It wanted the park, and a great deal of tIme and money has already been spent In obtaIning thIs opportunity for matchIng grant funds. She preferred continuing wIth the development of the park, feeling the CIty has an oblIgation to maintain thIs sIgnificant area. The City has done what It could wIth the State regardIng the parkIng lot. In drIving through the area, she dIdn't feel there was a great deal of dIfference between the two locatIons In terms of number of people and children affected. The only real dIfference Is the InclIne on 151st. She preferred 149th because the access off 147th provides a clearer lIne of vIsIon and Is safer, and 149th offers a slIghtly better vIew of the lake. Because the Intent Is for the park to be an InterpretatIve park, she dIdn't thInk there would be any problems In the park nor would the Impact be that great, though she understood the fear of the neIghbors. Councllmember Jacobson suggested the CIty accept the grant, postpone the constructIon of the parkIng lot In questIon untIl the thIrd year, but In the mean tIme work wIth the State In an attempt to have It elImInated or put InsIde the park Itself. Mayor Orttel agaIn expressed hIs fear that the CIty wIll lose control over the park If State funds are accepted. He dIdn't understand why thIs couldn't be provIded InsIde the park Itself. Ken Jacobson. Lot 3. Block 3. Kelsev Estates - stated the access to the park from 151st Is 20 x 220 feet. It doesn't seem lIke a safe access, as It Is not flat. He dIdn't feel a parkIng lot Is needed on that end of the park. Councllmember McKelvey related the work done by resIdents for the playground at Andover School and the pride they take In It as a result of their own efforts. He preferred somethIng slmlllar be done wIth this park rather than gIving up local control by acceptIng state or federal funds. Councllmember SmIth stated the questIon of money Is a bIg Issue for Andover; however, the CIty has tradItIonally been run by the wIll of the people. If the resIdents don't want thIs, then other alternatIves should be InvestIgated. MOTION by Jacobson, Seconded by Perry, that we accept the grant but that the parkIng lot not be considered to be constructed untIl the thIrd year to allow the CIty tIme to dIscuss wIth the leaders of our State the need for the lot and If It has to be constructed, It be done at 149th Avenue. Regular Andover CIty CouncIl MeetIng MInutes - May 5, 1992 Page 6 (Public HearIng - Kelsey-Round Lake Park Parking Lot, ContInued) DISCUSSION: Councllmember Jacobson noted this has been discussed over many years and there have been a number of different people on the Park Board and on the City Council. Rather than drop the development, he suggested proceeding and attempt to resolve the Issue with the State over the next three years. If It cannot be resolved, the CI ty would build the parkIng lot at 149th and control It. Councllmember Perry suggested the possibility of more protectIon for the residents as there may be a greater response to a sItuation at a park parkIng lot from the Deputies than to a situation In a cul-de-sac. VOTE ON MOTION: YES-Jacobson, Perry; NO-Orttel, McKelvey, smIth. Motion fal led. Mayor Orttel stated If the CIty does not get the grant, some of the costs may be elimInated, and It will proceed more slowly. He agreed with Councllmember Perry that the parking lot probabl y wIll not be a large Impact on the neighborhood; It Is the fear of the unknown and how to control It In the future. No further action was taken by the Council. 8:41 p.m. AWARD BID/MEADOWS OF ROUND LAKE/IP91-27 Mr. Schrantz recommended the Item be tabled to the next meeting, as the City has not received the permits for Eldorado Street to cross over the wetland. He should have an update on the status of that permit at that time. MOTION by McKelvey, Seconded by smIth, to table the Item. MotIon carried unanImously. Dave Newman - reported he Is optimistic they wIll receive approval from the Army Corps of Engineers next week. They should also have a sense of direction by the DNR by next week. DAN CHRISTENSEN SKETCH PLAN Mr. Haas revIewed the proposed sketch plan of Dan Christensen for property located In the vicinity of Crosstown Boulevard and 170th Avenue. He explaIned the cul-de-sacs will be made full sized at the time of the prelimInary plat. They will be permanent cul-de-sacs because there Is no way to continue to other propertIes because of the wetland. A variance Is required for Lot 6, which Is a substandard lot. It cannot be enlarged and It does meet the 60 percent requIrement. Mayor Orttel noted the lot could be left out of the plat and developed with a variance; or It can be Included In the plat wIth a varIance and the City gets the rIght of way. .... r- . Regular Andover CIty CouncIl MeetIng MInutes - May 5, 1992 Page 7 (Dan ChrIstensen Sketch Plan, ContInued) Dan ChrIstensen - explaIned the reason for the length of the cul-de-sac Is to alIgn the access onto Crosstown Boulevard wIth 170th Avenue. He stated no fIllIng wIll be needed to meet the ordInance requIrements. The maps IndIcate that Lake Leman Is a unmeandered lake. Mr. Haas stated the new wetlands bIll requIres the wetlands to be delIneated on the prelImInary plats. There were no further CouncIl cOlllDents. Mr. ChrIstensen was advIsed to proceed wIth the prelImInary plat. LAKERIDGE/156TH AVENUE/IP92-11 Mark Taube - explaIned 156th Avenue Is a dIrt road. The corners are erodIng to the poInt where cars goIng In and out are almost hIttIng bottom. Mr. Haas stated the property to the east Is developable, so It Is possIble that 156th wIll be constructed In the future. Because of that, the Counc II dId not feel It Is feasIble to vacate thIs portIon of 156th Avenue. They noted that the road was never buIlt; and the Intent was to not allow lots to access off those easements. Rather than a full Improvement project whIch would be assessed to Mr. Tabue, Mr. Haas suggested allowIng hIm to buIld a drIveway over the street easement at thIs time until the street Is Improved In the future. Mr. Taube - stated he may possIbly be Interested In that option. He Is not Interested In a full Improvement project. Councl I suggested he talk wIth City Staff about the options, noting the possibility of the City being able to put In some gravel. VARIANCE/I7XXX TULIP STREET/JOHNSON Mayor Orttel reviewed the Items dIscussed at the last Council meetIng, Aprl I 21. 1992. It was pointed out then that the Johnsons own not only the 34-foot strIp and the ten-acre parcel, but the property ImmediatelY south of the strIp as well. Because of that. the general feelIng was the best option would be to subdivIde the property according to the plattIng process. Mr. Carlberg stated the Johnsons preferred dIvIdIng the ten-acre parcel per theIr request. They are not Interested In platting all the properties. MOTION by Perry. Seconded by McKelvey, to direct the City Planner to prepare a Resolution denying the variance request of Thomas and Shareen Johnson. The request does not meet the requirements. nor the Intent of OrdInance 8. Section 6.02; and there has been nothing presented that IndIcates that there are unusual hardships which would Impact on thIs particular property. (See Resolution R056-92) Mot I on carrIed unanImously. Regular Andover City Council Meeting MInutes - May 5, 1992 Page 8 VARIANCE/13315 LILY STREET/LARSON MOTION by Jacobson, Seconded by smith, a Resolution grantIng the variance request of Jim Larson to Ordinance No.8, Section 6.02, which requires a 35-foot front yard setback and Section 4.05(C), which requires prIvate garages facing onto a public right-of-way to have the mInimum required setback of the prIncipal structure and to allow for the placement of an accessory structure encroaching Into the required setback at 13315 Lily Street NW. (See Resolution R057-92) MotIon carrIed unanimously. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by smIth, the following Items In the affirmative: Item 14 - Approve Personnel Policy #19 and Amend #18 Item 15 - Refund to Rush Clty/SCBA Equipment Item 16 - Approve Final Plat/Cedar Hills (Resolution R058-92) Item 17 - Approve Final Plat/Cedar Hills 2nd (Resolution R059-92) Item 18 - Accept petltlon/Plnewood Estates/IP92-3 (Resolution R060-92) Item 19 - Accept petltlon/IP92-10/Pheasant Meadows (Resolution R061-92) Item 20 - Reduce Escrow/Hills of Bunker Lake by $14,000 Item 21 - Approve Resolution Expending PIR Funds for radIos and pagers (Resolution R062-91) Motion carrIed unanimously. ORDINANCE 10 AMENDMENT Mayor Orttel stated a questIon has come up as to what Is bulldablllty, and this amendment Is an attempt to standardize that definition. He had always thought that bulldablllty meant the property was suitable for an on-site spetlc system. The attorneys have advised that the ordInance be changed to specIfically determine what Is meant by bulldablllty. Jerrv Wlndschltl - stated the proposed amendment Is so different from what has been used In the past that he recommended a publIc hearing be held on It. There has been no recommendation by the Planning Commission on this proposal. In his opinion, the ordinance, If enacted, would virtually require developers to clear cut every development, though he didn't think that was the Intent. In order to save some of the trees, the lots will have to be Imperfect and make them perfect when the house goes on. Also, he would like his engineers to offer comments on the Impact of this proposal to make sure It compiles with FHA standards. Regular Andover CIty CouncIl Meeting MInutes - May 5, 1992 Page 9 (OrdInance 10 Amendment. ContInued) Mayor Orttel stated the CouncIl does not want land clear cut for development. He felt the review could be done by either the Planning Commission or by asking the developers. who will be the most affected. Counc I I then asked Staff to accept comments and wrItten statements from developers and brIng the Item back at a future meeting. ORDINANCE 44 AMENDMENT MOTION by smIth, Seconded by Perry. the ResolutIon establishing an additional fee for Automotive RecyclIng Dealers and/or Junkyard Dealers who do not receIve lIcensIng approved by the CIty Council before January 1 of the lIcensIng year. (See Resolution R063-92) MotIon carrIed unanimouslY. MOTION by Perry, Seconded by McKelvey, an amendment to OrdInance No. 44. specifIcally for SectIon 6.4. which would read: "An additional fee as set out by CIty CouncIl resolution shall be charged to Automotive Recycling Dealers and/or Junkyard Dealers who do not receive licensIng approved by the City Council before January 1 of the lIcensing year." Motion carried unanimously. BOUNDARY COMMISSION Attorney HawkIns explaIned the procedure requIred to correct the legal descriptIons within Auditor's SubdIvision 82. The Boundary CommissIon has recommended the City Council approve the prelimInary plat for that area and hold a public hearIng for those residents affected by this plat. Approximately ten property owners have sIgned theIr approval of the proposa I . It Is hoped that the City can obtaIn the signatures of all those resIdents Involved. MOTION by Jacobson, Seconded by smIth. to hold the public hearIng for June 2, 1992. Motion carried unanimously. APPROVE CLASSIFICATION AND SALE OF FORFEIT LAND Strip of land off Heather Street NW and Ivywood Street NW. MOTION by Jacobson, Seconded by smIth. that the CIty Council request from the Anoka County Board of Commissioners tax forfeIt land In the section of Heather Street NW and Ivywood Street. PIN 28 32 24 34 0060. that the CIty wIshes to acquire thIs parcel and ask that It be removed from the lIst. (See ResolutIon R064-92) MotIon carrIed unanImously. . . p- . Regular Andover CIty CouncIl Meeting Minutes - May S, 1992 Page 10 (Approve ClassIfication and Sale of Forfeit Land, ContInued) Property known as the Tonsen Site or HeIdelberger Site off Bunker Lake Boulevard - Council questioned whether proposed legislation was passed that would absolve purchasers of property from lIabIlity for contamInation already on sIte. Because thIs area is in the City's proposed commercial area, It may be advisable for the City to acquIre it; however, the Counc i I dId not wish to accept Ilabllty for the salls cleanup on it. MOTION by Jacobson, Seconded by Smith, that the parcel be placed on next week's Agenda for the Attorney to look at the legal implications of acquirIng this property. Motion carried unanimously. Parcel located between 141st Lane and 141st Avenue NW in smith's Green Acres - Counc I I asked Staff to determine whether the parcel should be acquIred for possible mitigation of wetlands In the future and to come back with a recommendation at the next meeting. ACCEPT 1991 AUDITED STATEMENTS AND MANAGEMENT LETTER Mr. Koollck highlighted the financial statements and management letter on the City's 1991 audit which was done by Malloy, Karnowski, Radosevich and Company, P.A. The same people did the audIt as the previous year; however, the name of the firm has changed. Mr. Koollck noted: 1) the audIt opinIon Is qualIfied because of the lack of fIxed asset records, though last year's qualIfication has been removed. 2) The General Fund fund blance increased almost $S3,000 due to expenditures being less than budgeted. 3) Footnote 4 on Page 20 related to amount due from other governments. Anoka County has paid approximately $800,000, with the remaInder yet to be negotiated. 4) Page 21, summary of long term debt - The City was able to reduce Its debt by about $1 million. S) Page 9S, tables relating to tax levIes and specIal assessments - The percent of uncollected levies Is at a ten-year hIgh, basically because of the $72,000 levy for the cleanup of Pumpkin CIty and because assessments were certIfied against Bent Creek Estates for lack of payment of the In-house assessments. Mr. Koollck expected those assessments wIll be paId as the lots are sold. Other delinquent assessments were from ProJect 87-3 and the street and sewer assessments on 133rd around Jay Street. 6) The only Issues of noncompliance were the lack of fixed assets records and complIance with the Drug Free Workplace Act. Mr. Koolick stated he hopes to recommend a policy to the Council on the Drug Free Workplace Act wIthIn a few months. Counc I I asked about the Issue of fixed assets records. Mr. Koollck explained It is an extremely tIme consuming task, includIng the value of al I land owned by the CIty at the tIme It was acquIred. He felt It would be realistic to plan to have it done by 1994. Councilmember Perry suggested that be written as a goal the next tIme the Council dIscusses its goals. Regular Andover CIty CouncIl Meeting MInutes - May 5, 1992 Page 11 (Accept 1991 AudIted Statements and Management Letter, ContInued) MOTION by Perry, Seconded by Smith, the acceptance of the FInancIal Report for the year ended December 31, 1992, as presented by the fIrm of Malloy, Karnowski, Radosevich and Company, and also the management letter dated March 29, 1992. Motion carrIed unanImously. CouncIl also complImented Staff for the cooperation given to the auditors and on the quality of the records as noted In the audItor's statements. APPROVE CONSULTANT/KELSEY-ROUND LAKE PARK/HISTORICAL SOCIETY Because the motIon made earlier this evenIng to accept the terms of the State for the grant money to develop this park faIled. the Council questIoned whether a survey of the park Is required. Mr. Haas thought the historical information may be valuable since the Intent Is this wIll be an Interpretative park. Council asked that the Park and RecreatIon Commission discuss this item and make a recommendation. The consensus was to proceed with the development of this park, and that the Park Board should pursue other methods of developing the park such as resident volunteers, personal contributions, etc. MOTION by McKelvey, Seconded by Smith, that we send those things on Kelsey-Round Lake Park back to the Park Board to see what they want to do with them. Motion carrIed unanimously. APPROVE TRANSFER OF LICENSE/ANOKA AUTO WRECKING The Council consIdered the request of Penny and M.R. DeNucci to transfer the Junkyard lIcense for Anoka Auto Wrecking to M.R. DeNucci, Inc. Attorney Hawkins advised the ordinance allows the transfer If the applicant meets all the qualifications of the original applicant and provides an application, Insurance and bond. Regarding the request to construct an accessory building on the property to dismantle vehicles, Mayor Orttel noted the ordinance prohibIts new or expanded use of Junkyard facIlItIes. However, he felt that It was the "State of the Art" to dismantle Junk cars and store the parts InsIde, as it would prevent the contamination of the ground that often takes place now, and he wondered If the City should take a closer look at this type of activity. Councllmember McKelvey recalled the CouncIl had asked the Planning CommIssion to revIew such activitIes and make a recommendatIon. That has not yet been done. Pennv DeNuccI - stated they are buying all the assets of the business, but not the property. The Insurance Is also being transferred, and they will get a copy of the bond to the City. Mayor Orttel asked for a motion to approve the transfer of the junkyard lIcense from Harold Jellison to M. R. DeNucci, Inc., subject to receIpt of all required Information on the license. Regular Andover City CouncIl Meeting MInutes - May 5, 1992 Page 12 (Approve Transfer of Llcense/Anoka Auto WreckIng, Continued) MOTION by McKelvey, Seconded by SmIth, to so move, contingent upon the FIre Department's review and the BuildIng OffIcial's Inspection of the property. MotIon carried unanImously. DIscussIon continued on the request for the construction of an accessory building. Though the Council was open to the possibilIty of allowing such structures for dismantellng and storing, especially of having a hard-surfaced area for those actIvitIes, they also questioned the size In this particular request as It appears to be a major expansion. At thIs time, however, they preferred to have a recommendatIon from the Planning CommIssIon, as such an expansion Is not allowed under the current ordinance. Counc il asked that the Planning CommIssIon review and make a recommendation on the concept of dlsmanteling Junk cars on hard-surfaced areas, decide whether a building should be requIred or al lowed. Ms. DeNucci also agreed to talk with Mr. Carlberg about dlsmantellng and Inventorying parts wIthIn a buIlding. She also said their long term goal Is to have everything within a building; but now they are Just lookIng at taking care of the hazardous waste problem and storIng what they alreadY have. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Smith, approve claIms based upon the computer run of 5-1-92 In the amount of $280,897.09. Motion carried unanImously. MOTION by Smith to adjourn. Mayor Orttel declared the meeting adjourned at 10:06 p.m. Respectfully submItted, ~~~L Marcella A. Peach RecordIng Secretary . . r" .