HomeMy WebLinkAboutCC April 20, 1993
~ CITY of ANDOVER
Regular City Council Meeting - April 20, 1993
Call to Order - 7:30 P.M.
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
l. Accept Feasibility Report/9l-l6/l59th Avenue
2. Accept Feasibility Report/91-S/Njordmark-Dale/178th Lane
3. Park Dedication Fees Discussion
4. Comprehensive plan Discussion
5. Minor Amendment to Comprehensive plan
6. Amend Ordinance 37/Septic System Ordinance
7. Deferred Assessment/Hurst/92-l8
Staff, Committees, Commissions
8. Purchase Computerized Inventory System
9. Recommend Charter Commission Members/Accept Resignation
Non-Discussion Items
10. Receive March Financial Statements
1l. Reservation of Fund Balances/1992
12. Close Funds/1980C Imp. Bonds & Fire station Const. Fund
13. Establish Risk Management Fund
14. Approve Paine weber as Official Investment Firm
15. Approve No Parking/Round Lake Boulevard/91-22
16. Approve No Parking/Bunker Lake Boulevard/91-28
17. Accept Petition/Pinewood Estates 3rd Addition
18. Accept petition/SuperAmerica/93-10/Hanson & Bunker
19. Approve Final plat/Timber Meadows
20. Award Bid/92-29 and 92-18
2l. Schedule Meeting/Chapman's Additions
Mayor/Council Input
Approval of Claims
Adjournment
REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 20, 1993
TABLE OF CONTENTS
AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · 1
FEASIBILITY REPORT/IP92-l6/l59TH AVENUE
Resolution R078-93 accepting feasibility . · · · · · · · · · 1
FEASIBILITY REPORT/IP9l-5/NJORDMARK-DALE/178TH LANE
Resolution R079-93 accepting feasibility . · · · · · · · · 1
PARK DEDICATION FEES DISCUSSION . · · · · · · · · · · · · · · · · 2
COMPREHENSIVE PLAN DISCUSSION . · · · · · · · · · · · · · · · · · 2
MINOR AMENDMENT TO COMPREHENSIVE PLAN . · · · · · · · · · · · · 2
Motion to approve · · · · · · · · · · · · · · · · · · · · 3
AMEND ORDINANCE 37/SEPTIC SYSTEM ORDINANCE
Motion to amend · · · · · · · · · · · · · · · · · · · · · · 3
DEFERRED ASSESSMENT/HURST/IP92-18
Motion to agree to deferment for Jay Street · · · · · · · · 3
NON-DISCUSSION ITEMS
Receive March Financial Statements · · · · · · · · · · · · 4
Reservation of Fund Balances/1992 · · · · · · · · · · · · · 4
Establish Risk Management Fund . . . . . . . . . . . . · · 4
Resolution R080-93 approving Pain Weber/investment firm · · 4
Resolution R08l-93 approving No parking/Round Lake Blvd · · 4
Resolution R082-93 approving No Parking/Bunker Lake Blvd . · 4
Resolution R083-93 accepting petition/SuperAmerica/IP93-10 · 4
Resolution R084-93 awarding bid/IP92-29 and IP92-l8 · · · · 4
Schedule Meeting/Chapman's Addition/April 29 · · · · · · · · 4
ANOKA COUNTY COMMUNITY ACTION PROGRAM REQUEST . · · · · · · · · · 4
COMPUTERIZED INVENTORY SYSTEM
Resolution R085-93 to purchase equipment . · · · · · · · · · 5
RECOMMEND CHARTER COMMISSION MEMBERS
Motion to contact alternates and submit names · · · · · · · 5
CLOSE FUNDS/1980C IMPROVEMENT BONDS AND FIRE STATION CONSTRUCTION
Resolution R086-93 to close 1980 Series B Improvement Bond . 6
Resolution R087-93 to close Fire Station Construction Fund . 6
PETITION/PINEWOOD ESTATES 3RD ADDITION/IP93-2
Resolution R088-93 accepting feasibility/order improvement . 6
FINAL PLA'I'/TIMBER MEADOWS
Resolution R089-93 approving final plat · · · · · · · · · · 6
MAYOR AND COUNCIL INPU'l'
Trains crossing roadways · · · · · · · · · · · · · · · · · 6
Renting of bedrooms in single family homes · · · · · · · · · 7
IIAndover" signs on Highway 10 · · · · · · · · · · · · · · · 7
Natural lawns refer-red to Planning Commission · · · · · · · 7
Dump cleanup in Kadlec Estates plat . . . · · · · · · · · · 7
Connect to county's computerized tax system · · · · · · · · 7
Review City's Adult Use Ordinance · · · · · · · · · · · · · 7
Notification to residents around Hanson Boulevard cleanup · 7
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · 8
ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · 8
~ CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - APRIL 20, 1993
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on April 20, 1993, 7:30 p.m. , at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Dalien, Jacobson, Knight (arrived at 8:43
p.m.), Perry
Councilmembers absent: None
Also present: City Attorney, William G. Hawkins
City Planner, Dave Carlberg
City Finance Director, Daryl Sulander
City Administrator, James Schrantz
Others
AGENDA APPROVAL
Add Item 7a, Anoka County Community Action Program Request.
MOTION by Perry, Seconded by Jacobson, to approve the Agenda as amended.
Motion carried on a 4-Yes, l-Absent (Knight) vote.
APPROVAL OF MINUTES
April 6, 1993, Regular Meeting: Correct as written.
April 6, 1993, BRA Meeting: Correct as written.
April 8, 1993, Board of Review: Correct as written.
April 8, 1993, Special Meeting: Correct as written.
MOTION by Jacobson, Seconded by Perry, approval of both Meeting Minutes
on April 6, the Regular and HRA, and the Board of Review on the 8th of
April and the Special City Council on the 8th of April. Motion carried
on a 4-Yes, l-Absent (Knight) vote.
ACCEPT FEASIBILITY REPORT/IP92-16/159TH AVENUE
MOTION by Jacobson, Seconded by Perry, to accept the feasibility report
and set the hearing for May 4 at 7: 30. (See Resolution R078-93) Motion
carried on a 4-Yes, l-Absent (K~ight) vote.
ACCEPT FEASIBILITY REPORT/IP91-5/NJORDMARK-DALE/178TH LANE
MOTION by Perry, Seconded by Dalien, to accept the feasibility report
and schedule a hearing for May 4 at 8:00 p.m. (See Resolution R079-93)
Motion carried on a 4-Yes, l-Absent (Knight) vote.
/M~~ 5/'1/"1
Regular Andover City Council Meeting
Minutes - April 20, 1993
Page 2
PARK DEDICATION FEES DISCUSSION
Mr. Carlberg explained the intent of Ordinance No. 10, Section 9.07.10,
Dedicated Land, Minimum Area, was amended on July 3, 1990, to require a
$400 park dedication fee for each dwelling unit that could be
constructed upon the proposed subdivided property. The Attorney has
interpreted the provision to require a $400 park dedication fee for each
lot that a dwelling unit could be constructed upon. Unless the Council
makes a change, that is the way the Staff will be enforcing the
ordinance.
Councilmember Jacobson raised the concern that the subdivision of
property be treated the same as platted subdivision of property, noting
there is no provision in the ordinance to raise the park dedication fee
for lot splits on a regular basis. Attorney Hawkins explained the
rationale for the set rate on lot splits was based on the fact that only
two houses would be created versus the 10 percent of the value park
dedication required on plats where many houses would be constructed. It
was meant to equalize the two situations.
Council agreed to leave the ordinance as amended.
COMPREHENSIVE PLAN DISCUSSION
Mayor McKelvey reported on his discussions with representatives of the
Metropolitan Council. The Committee of the Whole directed Met Council
Staff to work with Andover on an interim development proposal for
discussion. The City did receive a favorable response to the concept
over being allowed 600 acres of MUSA expansion over the next three
years. They will allow the 100 acres of MUSA expansion for this year
after the City's Septic System Ordinance is amended and will allow the
City to apply for the other 600 acres. The City has suggested it be
allowed an additional 200 acres this year, plus 200 more each of the
following two years. Before the Council this evening is a letter to the
Metropolitan Council outlining Andover's interim development proposal,
plus an amendment to the Septic System Ordinance. Council generally
agreed to the prepared letter to the Metropolitan Council.
MINOR AMENDMENT TO COMPREHENSIVE PLAN
Council asked if changes will have to be made to the City's
Comprehensive Plan at some point in the future since the Plan is being
temporarily deferred for several years. Mr. Carlberg stated there would
be some changes to the Utilities Chapter, but he did not think there
would be a major impact on the other Chapters. His biggest concern is
whether the City will be able to implement the other Chapters while
withdrawing the Chapter on the MUSA and utilities. The Minor Amendment
to the Plan for sanitary sewer to the City Hall Park Complex #2 was
denied, as they want the City to upgrade its Shore land Management
Ordinance plus a few other items. He felt that Minor Amendment will be
approved when those items are completed.
Regular Andover City Council Meeting
Minutes - April 20, 1993
Page 3
(Minor Amendment to Comprhensive plan, Continued)
MOTION by Perry, Seconded by Jacobson, to approve the change on the
Revised Page 7 of the Minor Amendment to the Comprehensive Plan and
direct Staff to forward it to the Metropolitan Council for their review.
Motion carried on a 4-Yes, I-Absent (Knight) vote.
AMEND ORDINANCE 37/SEPTIC SYSTEM ORDINANCE
Councilmember Jacobson suggested the effective date of the Ordinance be
January 1, 1994, since it will take the City some time to get ready to
implement it. Further discussion noted the ordinance is written that
the property owner has the responsibility of seeing that an inspection
report done by a certified inspector is submitted to the City. If that
is to change so the inspections must be done by City personnel, the
ordinance must be amended again. Mr. Carlberg stated the amendment as
written was approved by the Metropolitan Council Environmental Review
Board. He did not know if other changes would be acceptable.
MOTION by Jacobson, Seconded by Perry, the Ordinance amended, adding the
effective date of January 1, 1993; and under Item E.7 .c., change to
·Each property owner or the certified representative shall submit...·
Motion carried on a 4-Yes, l-Absent (Knight) vote.
DEFERRED ASSESSMENT/HURST/IP92-18
The Council discussed the request by Kurt and Sue Hurst to defer the
assessment for Jay Street NW, Project 92-18.
Sue Hurst - stated they are paying on the $17,400 assessment for the
sanitary sewer line on Bunker Lake Boulevard. But now the sanitary
sewer is being brought up from the south. With the new plats, their
home will not be served from Jay Street, so the only benefit they have
is the blacktopped street and the street lights off Jay Street.
Several Councilmembers felt the intent at the August 18, 1992, public
hearing was to defer the assessment until the time the sale would be
completed with the intent that the assessment would be incorporated into
the sale price of the property. Council agreed to defer the assessments
for the Hursts so that they would not be pressured into having to sell
their property. The assessment would, however, carry the interest rate
for the time the deferment is in place. Council also agreed to one
assessment against the Hubert Smith property because it cannot be
subdivided.
MOTION by Jacobson, Seconded by Perry, that the Council formally agrees
to defer the assessmen~ for Jay Street on the Hurst property and have
Staff develop a Resolution with PIN Number and exact assessment cost,
and include on the Resolution that it would carry the interest rate on
whatever the bonds are sold at until the assessments are paid.
DISCUSSION: Attorney Hawkins advised that the Council also specify what
Regular Andover City Council Meeting
Minutes - April 20, 1993
Page 4
(Deferred Assessment/Hurst/IP92-18, Continued)
will execute the assessments, specifically when the deferment ends.
Council directed Staff and the Attorney to reach an agreement with the
Hursts on the details of the deferment. Ms. Hurst - asked that the
this contract be incorporated into the other one with the City.
Attorney Hawkins stated that can be done. Motion carried on a 4-Yes, 1-
Absent (Knight) vote.
NON-DISCUSSION ITEMS
MOTION by Jacobson, Seconded by Perry, that the Council move in the
affirmative to either receive or approve the following Agenda items on
tonight's Agenda:
Item 10, Receive March Financial Statements
Item 11, Reservation of Fund Balances/1992
Item 13, Establish Risk Management Fund
Item 14, Approve Pain Weber as Official Investment Firm (See
Resolution R080-93)
Item 15, Approve No Parking/Round Lake Boulevard/IP92-22 (See
Resolution R081-93)
Item 16, Approve No Parking/Bunker Lake Boulevard/IP9l-28 with
the change in the last paragraph, "both sides of Bunker
Lake Boulevard from Round Lake Boulevard to Quay Street
NW" (See Resolution R082-93)
Item 18, Accept Petition/SuperAmerica/IP93-10/Hanson and Bunker
(See Resolution R083-93)
Item 20, Award Bid/IP92-29 and IP92-l8 to C. W. Houle, Inc. (See
Resolution R084-93)
Item 21, Schedule Meeting/Chapman's Addition for April 29, 1993
DISCUSSION: Council questioned how the City can approve No Parking
along county roads (Items 15 and 16). Mr. Schrantz thought the county
would be signing the roads, but he will check into the items further.
Motion carried on a 4-Yes, l-Absent (Knight) vote.
ANOKA COUNTY COMMUNITY ACTION PROGRAM REQUEST
Mr. Carlberg believed the double lot at the end of 136th and Round Lake
Boulevard has been split by the county, but the City has not approved
any lot split on that parcel. The ACCAP would like to take two of the
single family homes on Round Lake Boulevard that are to be removed and
move them to this lot. It must go through the City's HRA in order to
convey the property, and the ACCAP is asking the City to participate.
The Council agreed in principle to the request. Staff was directed to
contact the ACCAP to advise them that the City is interested in the
proposal but that they must first go through the lot split procedure on
the lot before any agreement can be entered into. If the ACCAP is
interested in pursuing it, they can initiate the lot split procedure and
the City would waive the normal fees associated with such requests.
Regular Andover City Council Meeting
Minutes - April 20, 1993
Page 5
PURCHASE COMPUTERIZED INVENTORY SYSTEM
Mr. Sulander stated the use of the bar code will start with the Fire
Department to inventory their total assets. Then it will move to Public
Works and all other departments within the City. Council asked that
some system be set up so the Finance Department is aware of where the
inventory equipment is at all times.
MOTION by Jacobson, Seconded by Dalien, the Resolution authorizing the
expenditure for a computerized inventory and asset tracking system from
the Permanent Improvement Revolving Fund on the condition that the bar
code reader itself be assigned one of the departments within the City
for check in and check out so people know where it is. (See Resolution
ROBS-93) Motion carried on a 4-Yes, l-Absent (Knight) vote.
RECOMMEND CHARTER COMMISSION MEMBERS
Mr. Schrantz stated d'Arcy Bosell has moved out of the City and is no
longer eligible to serve on the Charter Commission. Councilmember Perry
questioned whether the Commission should be dissolved or does it still
have some value.
Jerrv Windschitl, Chairperson of the Charter Commission - stated the
Commission has not discussed that issue. He felt a poll of the members
would find sentiment for keeping the Commission in place. It is viewed
as a Commission that would be there in the event it is needed. One item
the Commission did recommend to the City Council was holding primary
elections for the Council. There have been few issues in the City, so
the Commission has been relatively inactive. Councilmember Perry asked
for an informal poll of the members on their opinions regarding the
value of the Co~~ission. Mr. Windschitl agreed to discuss it at the
next meeting.
The Council noted the three alternates listed when the Commission was
established in 1987, those being Robert Palmer, Marjorie Perry, and John
Ward. Councilmember Perry stated she would not be willing to serve on
the Commission as there is one councilmember on it already. Mr. Schrantz
stated he did not contact any of the alternates as to whether or not
they are still interested in serving on the Commission.
(Councilmember Knight arrived at this time, 8:43 p.m.)
MOTION by Jacobson, Seconded by Perry, that the City Council direct
Staff to first contact Mr. John Ward and ask if he desires to serve; and
if he does not, contact Mr. Robert Palmer and make the same request of
him. And if either respond positive, to submit that name to the
Attorney to submit to the Chief Judge. DISCUSSION: Attorney Hawkins
noted because several terms expire in November, 1993, the Council may
wish to have all appointments made at the same time. He will look into
the matter further. Motion carried on a 4-Yes, 1-Present (Knight) vote.
Regular Andover City Council Meeting
Minutes - April 20, 1993
Page 6
CLOSE FUNDS/1980C IMPROVEMENT BONDS AND FIRE STATION CONSTRUCTION FUND
Mr. Sulander explained there is $11,401.06 in the 1980 Series B
Improvement Bond Fund which should be transferred to the PIR Fund.
Also, the remaining balance of $138.95 from the Fire Station
Construction Fund should be transferred to the debt service fund
responsible for the repayment of the General Obligation Bonds, 1991A.
The Council agreed the funds from the 1980 Series B fund should be
placed in the Public Improvement Account of the PIR Fund. Councilmember
Knight noted the Road Committee has been discussing the need to upgrade
and maintain the City's streets and the need to set aside some funding
to do that. The Council felt the Public Improvement Account of the PIR
could be used for that purpose.
MOTION by Perry, Seconded by Jacobson, introducing a Resolution closing
the 1980 Series B Improvement Bond fund and transferring the remaining
funds to the Permanent Improvement Revolving Fund with the allocation
being $11,401.06 to the Public Improvement Account and zero to the
Capital Improvements Fund. (See Resolution R086-93) Motion carried
unanimously.
MOTION by Knight, Seconded by Perry, the Resolution closing the Fire
Station Construction Fund and transferring the remaining funds to the
Fire Station Bond Debt Service Fund as presented. (See Resolution R087-
93) Motion carried unanimously.
ACCEPT PETITION/PINEWOOD ESTATES 3RD ADDITION
MOTION by Perry, Seconded by Knight, the Resolution accepting
feasibility study, waiving public hearing, ordering improvement and
directing preparation of plans and specifications for Project 93-2 in
pinewood Estates 3rd Addition as presented. (See Resolution R088-93)
Motion carried unanimously.
APPROVE FINAL PLAT/TIMBER MEADOWS
Mr. Schrantz noted a letter is needed from the developer's engineer that
the plat meets the grading plan, which is in Item 4 of the Resolution.
MOTION by Jacobson, Seconded by Perry, the Resolution approving the
final plat of Timber Meadows as presented. (See Resolution R089-93)
Motion carried unanimously.
MAYOR AND COUNCIL INPUT
Councilmember Jacobson asked that Staff write to the railroad again
regarding the length of time trains are blocking the roadways in the
city. He cited an incident on Saturday, April 17, where a train blocked
the road for more than ten minutes. Mr. Schrantz stated they have a
number to call the railroad. He will follow up on the matter.
Regular Andover City Council Meeting
Minutes - April 20, 1993
Page 7
(Mayor and Council Input, Continued)
Councilmember Jacobson noted an instance where a single family homeowner
has rented out a bedroom with no provision for a separate bath or other
facilities. Apparently that is not against the ordinance, asking
whether that is something the Council wishes to address. Mr. Carlberg
stated there are two ordinances. One deals with rental dwellings of two
or more units for hire or rent. The Zoning ordinance, however, allows
up to two borders in a single family resident as long as they do not
have private kitchen facilities. Ordinance 100, the minimal housing
code, would apply regarding the safety and livability of the unit. In
further discussion, several Councilmembers indicated the Planning and
Zoning Commission should look at the item further to determine whether
it should remain as is or change the ordinance so the rental of just a
bedroom in a single family house would not be permitted.
Mr. Carlberg reported the City has received notice that the "Andover"
signs located along Highway 10 are going to be removed.
Councilmember Perry suggested the Planning and Zoning Commission address
the issue of a homeowner's ability to have a natural lawn and consider
a recommendation for an ordinance or an ordinance revision on the
matter, possibly setting some parameters. She preferred to have
something in place before it becomes a problem and suggested other
cities be contacted to see what they have done. Council agreed the P &
Z should look at the matter.
Councilmember Knight stated he has received calls regarding the dump in
the Kadlec Estates plat, that the plat is proceeding without cleaning up
the dump. Mr. Carlberg explained he has been working with the property
owners to get the site cleaned up. The roads in the plat must be
constructed to get the trucks back to the area to haul the debris out.
He asked that all calls on this issue be directed to him.
Councilmember Dalien asked if the City is interested in hooking up to
the county's computerized tax system. The county is currently drafting
a joint powers agreement that can be used by cities to hook up. There
would be no costs to the City other than the additional hardware and
software. Mr. Schrantz stated he talked with the county about it
yesterday and will be looking at it in further detail.
Attorney Hawkins suggested the City look at its Adult Use Ordinance to
determine whether it is still appropriate or meets the new requirements
which have come from recent litigations. After further discussion, Mr.
Carlberg agreed to check into the matter further.
Mr. Schrantz asked for the Council's opinion as to who should be
notified about the work that will be done in the evenings in the Hanson
Bouleval-d easement as a part of the WDE cleanup. He recommended
notifying everyone to the east of Hanson Boulevard within one-fourth
mile of the cleanup site. Council agreed, but also felt others to the
north and west should be notified as well. They preferred to error on
the side of notifying too many residents.
Regular Andover City Council Meeting
Minutes - April 20, 1993
Page 8
APPROVAL OF CLAIMS
MOTION by Perry, Seconded by Jacobson, the Schedule of Bills dated 4-16-
93 in the amount of 291,744.06. Motion carried unanimously.
MOTION by Dalien to adjourn. Motion carried unanimously.
The meeting adjourned at 9:37 p.m.
Respectfully submitted,
~,~~¥¿
Marcella A. Peach
Recording Secretary